1. Agreement Overview

This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between the buyer and Packaged Drinking Water Bottle Supply provider.

The purpose of this agreement is to facilitate implementation of Packaged Drinking Water Bottle Supply at the buyer’s premises. The service provider would provide the required equipment and personnel for the mentioned shifts as per the requirements of the buyer.

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of all services covered as they are mutually understood by the stakeholders.The Agreement remains valid until superseded by a revised agreement mutually endorsed by the stakeholders.

1.1. Stakeholders

The four 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.

  1. 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 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.

  1. Service Agreement

3.1. Service Scope

Hiring of Service Provider/Agency to provide 20 Ltr /25 Ltr Packaged drinking water bottles at the Buyer department location.

Service provider shall make arrangements to supply Water bottles at the user locations in the premises of buyer.

The Buyer would confirm the total number of water bottles required for the term of the contract in the Service Order. They would also specify the number of days per week (5, 6 or 7) on which a daily supply has to be made their premises.

The Service Provider would also provide plastic water dispensers for the contract duration. The same would be returned to the service provider at the end of the contract. The number of water dispensers to be provided would be indicated in the order generated by the Buyer.

The Service Provider would ensure that the bottles on the dispenser provided are replaced and the extra bottles are delivered and stored at the space allotted by the Buyer for the same. This activity would be performed on a daily basis.

Service Providers must quote a rate per bottle for the requirements mentioned. 

3.1.1. Delivery and Return

  1. Service Provider would provide the ordered quantity of water bottle daily at the Buyer’s premises. This would be approximately equivalent to
  1. The time of delivery would be mutually fixed between 7 A.M to 2 P.M daily, amongst the two stakeholders. The same would attract penalty in case of delay in delivery
  2. Buyer would ensure that the empty bottles are returned to the Service Provider on a daily basis.
  3. Service provider shall not charge any other extra cost for delivery and return.
  4. Service provider is liable to replace bottles if they are found to be damaged, dirty, seal broken or opened or rejected by user department due to visual impurities or other impurities or non-

3.1.2. Water Dispenser

  1. The Service provider is not liable to provide water dispensers
  2. If needed the Buyer can order the same separately through GeM website.

3.1.3. Quality

  1. Service provider shall only supply bottles with ISI marking conforming to IS: 14543 and FSSAI marking.
  2. Service provider shall ensure that bottles supplied are not damaged, reasonably in good condition, not yellowish or faded and seals are not broken or open.
  3. The bottle supplied should be clean and transparent, and one should be able to see the content of the bottle clearly.
  4. The water should be visually clear and free of suspended particles.
  5. Manufacturing date of water bottles supplied should not be older than one week from the date of delivery. In case it is more the Buyer will get the bottle replaced, and if this continues for three instance then he is liable for penalty also.
  6. There should be computerised batch coding mentioning manufacturing date, MRP, Batch No. etc.

3.2. Terms and Conditions

3.2.1. Buyer Obligations

  1. Buyer shall maintain a log for the number of bottles supplied every day.
  2. Buyer shall inspect each lot of Packaged Drinking Bottles supplied at the premises immediately after delivery and shall report in case of broken seal, damage, leak, visual impurities or bottle without proper certification (absence of ISI and FSSAI marking on the supplied bottle) or date of manufacturing being older than one week. In case of any of these above findings bottle should be replaced by the service provider immediately or within the agreed replacement period.
  3. Each issue to be registered in the maintained in the log book and SLA to be applied for the issues found at the time of monthly billing.
  4. Buyer shall check if supplier has provided the agreed quantity as per the order, in case of shortage it should be reported.
  5. Buyer shall report if any delay in delivery of the ordered quantity within the agreed delivery period.
  6. Buyer shall be responsible for cross-verifying the quantity supplied at the buyer premises and the quantity logged by the service provider in the Log sheet in GeM.

3.2.2. Special Terms and Conditions

  1. Service provider shall make arrangements to supply Water bottles at the user locations in the premises of buyer.
  2. If demanded by the buyer service provider shall submit the certificates from packaged drinking water manufacturers stating the quality conforming to IS: 14543, certificate of license from FSSAI as declared by the service provider.
  3. If Service Provider or his OEM using ground water then there should be appropriate NOC certification from Central Ground Water Authority (CGWA)
  4. Authorisation, licence or any certifications required to perform the service shall be the liability of the service provider and he shall be liable to submit these documents at the Buyer department on request.
  5. The service provider shall have a person identified and his details shared with the Buyer department who will act as the point of contact for ordering and resolving any issues related to the order quantity, quality and delivery period of the order.
  6. The service provider shall submit the required bills and documents at the end of every month or week as agreed in the agreement for the payment to process by the Buyer department.
  7. Actual number of days in the contract may vary depending upon the working days in the month and the payment will happen in actual number of days

3.3. Penalty and Termination

#

Service level agreement

Penalties for non-compliance

1

Delay in the delivery of water bottles beyond agreed time per instance

1 to 3 hour: @ (Rs 500 from monthly billed amount per instance)

 

2

Three instances of supply of bottles with manufacturing date older than one week from the date of delivery but not expired use period.

Rs 1000 from monthly billed amount will be applied from third instance onward.

3

Five instances of supply of bottles those are damaged or leaking.

Rs 500 from monthly billed amount

Will be applied from fifth instance onward.

4

Three instances of failure to maintain a minimum stock

Rs 1000 to be deducted from the monthly billed amount

.

5

Any instance of non- conformance to any of the quality parameters defined in 3.1.4   

Penalty of 1% of the monthly billed amount

6

Cumulative Penalty

Cumulative Penalty cannot exceed more than 10% of the total contract value.


  • 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 and Articles of Association of the Participant in case of Company /Limited Liability Partnership Agreement in case of LLP

2

Certificates

Valid Service Tax, VAT, Income Tax and PAN no.

·         Valid Service Tax Registration Certificate

·         VAT Certificate

·         Income Tax Return for the last three Financial years

3

Average Annual Turnover during the last three financial years generated from AMC

The details have to be submitted by the service provider 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

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.

5

ISO Certificate
BIS Certificate

ISO 9001:2008 Certificate,

BIS Certificate

Copy of valid ISO certificates to be uploaded in the GeM website by Service Provider.

 

6

Service Provider  should be an established experienced

The Service Provider must have full cycle implementation experience of providing the specified service in at least one CPSE/ Government Organization in last three years (period ending Bid submission date) having executed

 

Completion certificates from the client or may be uploaded in the website by the service provider.

 


  • Appendix: Declaration

Declaration

(On the letter head of the Service Provider)

  1. This is to certify that I/We before signing the special terms and conditions have read and fully understood all the terms and conditions and instructions contained therein and undertake myself / ourselves abide by the said terms and conditions.
  2. I/We will abide by the Minimum Wages Act Contract Labour Act etc. as applicable from time to time for the workers employed. Bonus, Gratuity, PF and ESI if applicable will have to be borne by us. The number of persons employed will be adequate to provide quick and efficient service.
  3. I/We shall provide quality services to the buyer with amenities as mentioned in the said terms and conditions.
  4. I / We agree that I / We have no objection if enquiries are made to our clients to verify the facts submitted by us.
  5. I hereby certify that the above firm has not been ever blacklisted by any Central / State Government / Public Undertaking / Institute on any account.
  6. I/we also certify that the above information is true and correct in any every respect and in any case at a later date it is found that any details provided by us are incorrect, any contract given to the above firm may be summarily terminated and I / We are liable to be debarred and blacklisted.