CCTNS RFP FOR SI VOL III.pdf - National Crime Records Bureau

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Crime & Criminals Tracking Network and Systems ProjectSikkim Police2.3 Ambiguities within AgreementIn case of ambiguities or discrepancies within this Agreement, the following principles shall apply:(a) as between two Clauses of this Agreement, the provisions of a specific Clauserelevant to the issue under consideration shall prevail over those in a general Clause;(b) as between the provisions of this Agreement and the Schedules, the Agreement shallprevail, save and except as expressly provided otherwise in the Agreement or theSchedules; and(c) as between any value written in numerals and that in words, the value in words shallprevail.2.4 Priority of documentsThis Agreement, including its Schedules, represents the entire agreement between the Parties asnoted in this Clause. If in the event of a dispute as to the interpretation or meaning of thisAgreement it should be necessary for the Parties to refer to documents forming part of thebidding process leading to this Agreement, then such documents shall be relied upon andinterpreted in the following descending order of priority:(a) This Agreement along with the SLA agreement, NDA agreement, Schedules andAnnexure;(b) Request for Proposal and Addendum/ Corrigendum to the Request for Proposal (ifany).For the avoidance of doubt, it is expressly clarified that in the event of a conflict between thisAgreement, Annexure/ Schedules or the contents of the RFP, the terms of this Agreement shallprevail over the Annexure/ Schedules and Annexure/ Schedules shall prevail over the contentsand specifications of the RFP.2.5 Scope of the ProjectThe System Integrator shall be required to follow the scope of work as defined in section 5, ofVolume I of this RFP. In addition to the scope of work, SI will also be required to adhere to theproject timelines and submit the required deliverables as defined in section 6, of Volume I of thisRFP.2.5.1 Terms & Duration of the ProjectThe Client intends to grant to the System Integrator the right to undertake and implement theProject on the terms and conditions set forth below:i. Successful implementation / Go-Live of the project in two Phases (as defined in RFPVolume 1) within the defined period from the date of signing of contract. The Successfulimplementation / Go-Live of a Phase will include:oooSuccessful deployment, commissioning and UAT for the modules in theconcerned phasesSuccessful Data digitization / migration along with verification from the CLIENT,Successful training of the staff members on the modulesVolume III Request for Proposal for Selection of System Integrator Page 12 of 132
Crime & Criminals Tracking Network and Systems ProjectSikkim Policeii.iii.iv.oooProcurement, deployment and commissioning of the hardware required for theconcerned phase at PHQ, Data Center and other Police locations,Procurement, deployment and commissioning of the networking equipments andconnectivity required for that PhaseAcceptance / Sign off from the Client for reaching the stage of successful Go-Live at each phaseOperations and Maintenance of the system for a period of five years from the SuccessfulImplementation / Go-Live of the Complete CCTNS Solution.Hence, the Overall ―Term‖ for the Project will be at least 50 weeks 2 and 5 years.This Agreement shall come into effect on 2011 (hereinafter the ‗Effective Date‘)and shall continue till operation and maintenance completion date which shall be the dateof the completion of the operation and maintenance to the satisfaction of Client or itsnominated agencies.2.6 Conditions Precedent & Effective Date2.6.1 Provisions to take effect upon fulfilment of Conditions PrecedentSubject to express terms to the contrary, the rights and obligations under this Agreement shalltake effect only upon fulfillment of all the Conditions Precedent set out below. However, Client orits nominated agencies may at any time at its sole discretion waive fully or partially any of theConditions Precedent for the System Integrator.2.6.2 Conditions Precedent of the System IntegratorThe System Integrator shall be required to fulfill the Conditions Precedent in which is as follows:(a)(b)to provide a Performance Security/Guarantee and other guarantees/ paymentsas and when required to the Client or its nominated agencies; andto provide the Client or its nominated agencies certified true copies of itsconstitutional documents and board resolutions authorizing the execution,delivery and performance of this Agreement by the System IntegratorFor the avoidance of doubt, it is expressly clarified that the obligations of the Parties except thefinancial obligations of Client or its nominated agencies under this Agreement shall commencefrom the fulfillment of the Conditions Precedent as set forth above.2.6.3 Extension of time for fulfilment of Conditions Precedent(a)(b)The Parties may, by mutual agreement extend the time for fulfilling theConditions Precedent and the Term of this Agreement.For the avoidance of doubt, it is expressly clarified that any such extension oftime shall be subject to imposition of penalties on the System Integrator linked tothe delay in fulfilling the Conditions Precedent.2 This is subject to the receipt of CAS (State) from NCRB, MHA, Government of IndiaVolume III Request for Proposal for Selection of System Integrator Page 13 of 132
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