Special Terms and Conditions

  1. The Service Provider shall not carry and/or transmit any material, information, application details, equipment or any other goods/material in physical or electronic form, which are proprietary to or owned by buyer, out of Buyer premises without prior written permission from Buyer
  2. Service Provider acknowledges that buyer`s business data and other buyer`s proprietary information or materials, whether developed by buyer`s or being used by buyer pursuant to a license agreement with a third party (the foregoing collectively referred to herein as "proprietary information") are confidential and proprietary to buyer; and Service Provider agrees to use reasonable care to safeguard the proprietary information and to prevent the unauthorized use or disclosure thereof, which care shall not be less than that used by Service Provider to protect its own proprietary information. Service Provider recognizes that the goodwill of Buyer depends, among other things, upon Service Provider keeping such proprietary information confidential and that unauthorized disclosure of the same by Service Provider could damage buyer and by that reason of Service Provider's duties hereunder. Service Provider may come into possession of such proprietary information, even though Service Provider does not take any direct part in or furnish the services performed for the creation of said proprietary information and shall limit access thereto to employees with a need to such access to perform the services required by this agreement. Service Provider shall use such information only for the purpose of performing the said services.
  3. Service Provider shall, upon termination of this agreement for any reason, or upon demand by buyer, whichever is earliest, return any and all information provided to Service Provider by buyer, including any copies or reproductions, both hardcopy and electronic.
  4. Ownership and retention of Documents: Buyer shall own the documents, prepared by or for the Service Provider arising out of or in connection with this contract. Forthwith upon expiry or earlier termination of this contract and at any other time on demand by buyer, the Service Provider shall deliver to buyer all documents provided by or originating from buyer and all documents produced by or from or for the Service Provider in the course of performing the Services, unless otherwise directed in writing by buyer at no additional cost. The Service Provider shall not, without the prior written consent of buyer store, copy, distribute or retain any such Documents.
  5. The rate of delivery will be 100 pages per day or as opted by the buyer during the time of purchase of service.

Agreement Overview

This Agreement represents a Service Level Agreement ("SLA" or "Agreement") between the buyer and IT Professional Services provider.

The purpose of this agreement is to facilitate implementation of Measures at the buyer'premises. The service provider would inspect, design, evaluate, implement, and provide training to the buyer for the selected services.

This Agreement outlines the scope of work, Stakeholder's obligation and general terms and conditions of all services covered as they are mutually understood by the stakeholders.

The Agreement remains valid until superseded by a revised agreement mutually endorsed by the stakeholders.

Stakeholders

The main stakeholders associated with this SLA are:

  1. Service Provider(s)
  2. Buyer
  3. Paying Authority
  4. Statutory/Compliance Authority

The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses payment terms and penalties in case of non-adherence to the defined terms and conditions. It is assumed that all stakeholders would have read and understood the same before signing the SLA.

Objective and Goals

The objective of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent delivery of service to buyer by service provider.

The goals of this Agreement are to:

  • Provide clear reference to service ownership, accountability, roles and/or responsibilities
  • Present a clear, concise and measurable description of service provision to the customer
  • Establish Terms and Conditions for all the involved stakeholders
  • To ensure that both the parties are understand the consequences in case of termination of services due to any of the stated reasons

The agreement can also be modified on the mutual agreement of all the involved stakeholders

Thus, the agreement will act as a reference document that both the parties have understood the aforementioned terms and conditions and have agreed to comply by the same.

Service Agreement

Service Scope
  1. A Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired by the Buyer. The services shall be rendered on a monthly, quarterly and yearly basis, as per the requirements of the Buyer.
  2. The services would be required for all the States and Union Territories of India. The service provider can select the States where he can provide services and in the same way the buyer can select the States where he requires the manpower.
  3. Manpower1 would be required to provide their services in the following fields:
  4. The below list of duties is only illustrative and not exhaustive. Buyer may add to the list, duties of similar nature ordinarily performed by officials at this level.

    # Role Minimum Qualification & Experience
    1 Project Manager B.E/ B.Tech/MCA + MBA/PMP or equivalent certification 8+ Years of Total Experience, 2+ years of experience as a Project Manager,
    2 Solution Architect B.E/ B.Tech/MCA 2+ Years of Experience in Solution Design
    3 Sr. Solution Architect B.E/ B.Tech/MCA 8+ Years of Experience in Solution Design
    4 Infrastructure Consultant B.E/ B.Tech/MCA 5+ Years of Experience as a technical resource, for regular tasks during Design,Configuration, Installation, Setup, O&M of the DC and DR Solutions on a Cloud based platform
    5 Network Support Engineer B.E/ B.Tech/MCA 4+ Years of Experience in Network provisioning, configuration and management
    6 Cloud Solution Specialist B.E/ B.Tech/MCA 5+ Years of Experience in Cloud Solution Implementation, Management and Operations
    7 Cyber Security Specialist Experience Above 5 years Certificate CISSP, CISA, CISM, CRISC,CHFI, Specialized Product/domain certifications Experience previous experience in specialized services
    8 Certified Ethical Hacker Experience between 3 years and 5 years Certificate CEH,ISO 27001LA/LI,CCNA/CCNP, Associate of CISSP, CISA,CISM, Specialized Product certifications Experience Conduct of domain level assessment
    9 Technology Consultant Experience between 3 years and 5 years Certificate CEH,ISO 27001LA/LI,CCNA/CCNP, Associate of CISSP, CISA,CISM, Specialized Product certifications Experience Conduct of domain level assessment
    10 Sr. Technology Consultant Experience between 5 years and 7 years Certificate CEH,ISO 27001LA/LI,CCNA/CCNP, Associate of CISSP, CISA,CISM, Specialized Product certifications Experience Conduct of domain level assessment
    11 Server Administrator B.E/ B.Tech/MCA 4+ Years of Experience in Server Management
    12 Sr. Server Administrator B.E/ B.Tech/MCA 8+ Years of Experience in Server Management
    13 B.E/ B.Tech/MCA 8+ Years of Experience in Server Management B.E. Mechanical / Electrical / Civil 1+ Years of Experience in Data Centre Design and Implementation services
    14 Civil works for Data Center B.E. Mechanical / Electrical / Civil 3+ Years of Experience in Data Centre Design and Implementation services
    15 Data Center Operation Manager B.E. Mechanical / Electrical / Civil 3+ Years of Experience in Data Centre Design and Implementation services
    16 Specialist-Power and Electrical for Data Center Electrical for Data Center B.E. Mechanical / Electrical / Civil 6+ Years of Experience in Data Centre Design and Implementation services
    17 Specialist-HVAC for Data Center B.E. Mechanical / Electrical / Civil 3+ Years of Experience in Data Centre Design and Implementation services
    18 Specialist-BMS for Data Center B.E. Mechanical / Electrical / Civil 3+ Years of Experience in Data Centre Design and Implementation services
    19 Network Operator B.E/ B.Tech/MCA 3+ Years of Experience in Network provisioning, configuration and management
    20 Service Desk / Help Desk Operator Graduate 1+ Years of Experience in related field
    21 System Administrator B.E/ B.Tech/MCA 3+ Years of Experience in Syste Administration
    22 Network Administrator B.E/ B.Tech /MCA 3+ Years of Experience in Network Administration
    23 Sr. System Administrator B.E/ B.Tech/MCA 5+ Years of Experience in System Administration
    24 Sr. Network Administrator B.E/ B.Tech/MCA 5+ Years of Experience in Network Administration
    25 Voice & Video Administrator B.E/ B.Tech/MCA 2+ Years of Experience in the specified filed
    26 Software Developer B.E/ B.Tech/MCA 2+ Years of Experience in the software Development- C/Java/Oracle/Python
    27 Sr. Software Developer/Trainer Developer/Trainer B.E/ B.Tech/MCA 5+ Years of Experience in the software Development - C/Java/Oracle/Python
    28 Database Administrator B.E/ B.Tech/MCA 5+ Years of Experience in the related field
    29 Technical Project Manager B.E/ B.Tech(mandatory) + MBA preferred PMP or equivalent certification 8+ Years of Total Experience, 2+ years of experience as a Project Manager, 1+ in Cloud Services Project
    30 Sr. Technical Project Manager B.E/ B.Tech(mandatory) + MBA 12+ Years of Total Experience, 5+ years of experience as a Project Manager, 2+ in Technical Services Project
    31 Quality Assurance Engineer- Hardware B.E/ B.Tech 5+ Years of Experience in creating and implementing a detailed plan to ensure overall quality of all IT hardware products,services and systems.
    32 Quality Assurance Engineer- Software B.E/ B.Tech 5+ Years of Experience in creating and implementing a detailed plan to ensure overall quality of all IT software products,services and systems.
    33 Quality Assurance Manager B.E/ B.Tech + MBA preferred 10+ Years of Total Experience 3+ years of experience in creating and implementing a detailed plan to ensure overall quality of all IT products, services and system, 2+ as an Assurance Manager
    34 Test Engineer B.E/ B.Tech 2+ Years of Experience in the coordination and execution of test events in accordance with approved test plans, procedures and scripts
    35 Sr. Test Engineer B.E/ B.Tech 5+ Years of Experience in the coordination and execution of test events in accordance with approved test plans, procedures and scripts
    36 Test Manager B.E/ B.Tech+ MBA preferred 10+ Years of Total Experience 5+ Years of Experience in the coordination and execution of test events in accordance with approved test plans, procedures and scripts
    37 IT Subject Matter Specialist Bachelor's Degree 5+ years of experience in advanced technical knowledge and analysis of highly specialized applications and operational environment, high-level functional systems analysis, design, integration,documentation, training, and implementation advice on complex problems
    38 Software Application Support B.E/ B.Tech/MCA 01 Years of Experience in the software Application Development
    39 System Software Support B.E/ B.Tech/MCA 0-1 Years of Experience in the software Development
    40 Mobile Application developers B.E/ B.Tech/MCA 3+ Years of Experience in the Mobile App Development
  5. It is the responsibility of the Service Provider to provide manpower for the above listed manpower.
  6. The manpower has to be segregated as follows, based on their level of experience:
  7. Experience Required/ Preferred
    Minimum 2 Years
    Minimum 3 Years
    Minimum 4 Years
    Minimum 5 Years
    Minimum 6 Years
    Minimum 8 Years
    Minimum 10 Years

    Terms and Conditions

    Service Provider Obligations
    1. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The bio-data, qualification and experience of the said manpower should be certified by the Service Provider.
    2. The Service Provider shall ensure the following in respect of his employees-
    3. The working hours and days of the outsourced employees will be as per the existing applicable rules of the respective Central/State Government organisations. However, they have to work on holidays, if necessary and required based on demand of work.
    4. The attendance of the employees will be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's premises.
    5. The Service Provider shall maintain confidentiality of the information received obtained or gathered by them during the process with the customer personnel or Vendors. A specific NonDisclosure agreement has to be signed in this regard.
    Special Terms and Conditions
    1. This should be read with GTC and Additional GTC of Services
    2. In case the employee remains absent or takes leave for more than 2 days, a replacement shall be provided by the Service Provider so that the service is not hampered.
    3. The Buyer or its representative shall have the right to inspect and/or to test the services/Solution/Technology to check their conformity to the contract specifications at no extra cost to the Buyer.
    4. The Service Provider shall provide documentary proof for the qualifications and experience of the manpower provided by them. The Service Provider shall also certify the bio data, qualifications and experience of the manpower, ensuring they are as per the requirements of the Buyer.
    Penalties and Termination

    Penalties will be levied on the service provider for the violation of service level agreement of thecontract as mentioned below:

    Major penalties:

    The following incidents will be considered as major penalties and will attract immediate termination of the services and banning the service provider from participating on GeM port

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    # Major incidents
    1 No mandatory valid license/registration of Service Provider with appropriate authority
    2 If found transferring/subletting the service, partly of fully, to any other person/firm/ corporation whatsoever.
    3 Non-compliance of applicable rules and regulation of Central / State Government
    4 Three instances of cancellation of contract / non acceptance of the contract
    Other penalties:
    # Service level agreement Penalties for non-compliance
    1 Non deployment of total manpower mentioned in the contract as per the date of joining It will be treated as absenteeism and the same penaltyas Rs 1000 will be levied on the Service Provider per personnel per day
    2 If the employee is found responsible for any theft, loss of material/ articles and damages Immediate payment in actuals, equivalent to the value of the article theft/lost/damaged or replacement asdecided by the buyer depending on the gravity of the act.
    3 If the employee is found responsible for disobedience/misconduct Warning/counselling/Immediate replacement within 2 days or Rs 1000 fine to be levied as decided by the buyer depending on the gravity of the act
    4 If the employee is absent or takes leave for more than 2 days without prior intimation to the Buyer Authority Rs 1000 will be levied on the Service Provider as penalty per personnel per day
    5 Confidentiality Breach or Sensitive Information Leaked The Service Provider can be terminated from the contract with cancellation charges @ 10% as decided by the buyer depending on the gravity of the act.
    6 Cumulative Penalty Cumulative Penalty cannot exceed more than 10% of the total contract value.

    Appendix A. - Appendices

    Appendix: Eligibility Criterion for Service Provider
    SR No. Criteria Basics for evaluation Supporting Documents Required
    1 Legal Entity Valid Legal Entity Certificate of Incorporation andArticles of Association of theParticipant in case of Company /Limited Liability Partnership Agreement in case of LLP
    2 Certificates Valid Service Tax, VAT, Income Tax and PAN no.
  8. Valid Service Tax Registration Certificate
  9. VAT Certificate
  10. Income Tax Return for the last three Financial years
  11. 3 Average Annual Turnover during the last three financial years generated from AMC The details have to be created in the biddable parameters by the GeM authority and the service provider have to fill up while offering the services. Extract from Audited / Certified financial statements and balance sheets for the last three years as per financial year of participating Service Provider or certificate from Chartered Accountant and authorized signatory.
    4 Number of Service Consultants or equivalent working in company Service engineer experience has to be filled up in the parameters by the GeM authority. Declaration as per HR head of the Service Provider.
    5 Number of support technicians or Equivalent (B.E./B.Tech)/Diploma Certificate) working in the company The requirements are specified for each service by the GeM authority. Declaration as per HR head of the Service Provider.
    6 Geographical presence of the firm/company The requirements are specified for each service. List of the service centers to be uploaded in the registration form in the GeM website by the service provider.
    7 ISO Certificate ISO 9001:2008 Certificate, ISO 27000 Copy of valid ISO certificates to be uploaded in the GeM website by Service Provider.
    8 Service Provider should be an established experienced The Bidder must have full cycle implementation experience of both the required creation & implementation of IT Professional Policy in at least one CPSE/ Government Organization in last three years(period ending Bid submissiondate) having executed:
  12. One similar completed work costing not less than the amount equal to 80% of the offered cost.
  13. Two similar completed work costing not less than the amount equal to 60% of the offered cost.
  14. Three similar completed work costing not less than the amount equal to 40% of the offered cost.

    Completion certificates from the client or may be uploaded in the website by the service provider.
    9 Location of service centers While selecting the services,the user Departments may look for the availability of the service centers of the service providers at their location The service providers have to offer the services where their service centers are available
    10 Prior visit to user Department location before starting the service The service provider may be allowed to visit the premises of user Department with prior appointment before starting the service for studying the locations, service requirements etc. The service provider may visit the user Departments location for seeking any clarifications or the requirements for preparing various documentation, arranging spare parts or any other details
    11 Risk mitigation All the risk, service level agreements, penalty clauses have to be discussed well in advance before starting the services and to be incorporated in the service order The service providers have to bring out the risk mitigation plan by bringing out the details of previous experiences so that such risk can be prevented.
    12 Banning proceedings pending against the service provider While creating the registration form for the service provider declarations on the nonexistence of any banning proceedings against the service providers have to be obtained through digitally signed