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

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Crime & Criminals Tracking Network and Systems ProjectSikkim Police2.6.4 Non-fulfilment of the System Integrator’s Conditions Precedent(a)(b)(c)In the event that any of the Conditions Precedent of the System Integrator havenot been fulfilled within 15 days of signing of this Agreement and the same havenot been waived fully or partially by Client or its nominated agencies, thisAgreement shall cease to exist;In the event that the Agreement fails to come into effect on account of nonfulfillment of the System Integrator‘s Conditions Precedent, the Client or itsnominated agencies shall not be liable in any manner whatsoever to the SystemIntegrator and the Client shall forthwith forfeit the Performance Guarantee.In the event that possession of any of the Client or its nominated agenciesfacilities has been delivered to the System Integrator prior to the fulfillment of theConditions Precedent, upon the termination of this Agreement such shallimmediately revert to Client or its nominated agencies, free and clear from anyencumbrances or claims.2.7 Obligations under the SLA2.7.1 The SLA shall be a separate contract in respect of this Agreement and shall be enteredinto concurrently with this Agreement between Client and System Integrator;2.7.2 In relation to any future SLA entered into between the Parties; each of the Parties shallobserve and perform the obligations set out herein.2.7.3 Change of Control(a)(b)(c)(d)In the event of a change of control of the System Integrator during the Term, theSI shall promptly notify Client and/or its nominated agencies of the same in theformat set out as Annexure A of this Agreement.In the event that the net worth of the surviving entity is less than that of SystemIntegrator prior to the change of control, the Client or its nominated agencies maywithin 30 days of becoming aware of such change in control, require areplacement of existing Performance Guarantee furnished by the SI from aguarantor acceptable to the Client or its nominated agencies (which shall not beSystem Integrator or any of its associated entities).If such a guarantee is not furnished within 30 days of the Client or its nominatedagencies requiring the replacement, the Client may exercise its right to terminatethe SLA and/ or this Agreement within a further 30 days by written notice, tobecome effective as specified in such notice.Pursuant to termination, the effects of termination as set out in Clause 2.16.2 ofthis Agreement shall follow.For the avoidance of doubt, it is expressly clarified that the internal reorganization of the SystemIntegrator shall not be deemed an event of a change of control for purposes of this Clause unlessthe surviving entity is of less net worth than the predecessor entity.2.7.4 Final testing and certificationThe Project shall be governed by the mechanism of final acceptance testing and certification tobe put into place by the Client, guided by the following principles:(a)Client reserves the right to nominate a technically competent agency (―FinalVolume III Request for Proposal for Selection of System Integrator Page 14 of 132
Crime & Criminals Tracking Network and Systems ProjectSikkim Police(b)(c)(d)(e)Testing and Certification Agency‖) for conducting final acceptance testing andcertification;Such Final Testing and Certification Agency will lay down a set of guidelinesfollowing internationally accepted norms and standards for testing andcertification for all aspects of project development and implementation coveringsoftware, hardware and networking including the processes relating to thedesign of solution architecture, design of systems and sub- systems, coding,testing, business process description, documentation, version control, changemanagement, security, service oriented architecture, performance in relation tocompliance with SLA metrics, interoperability, scalability, availability andcompliance with all the technical and functional requirements of the RFP and thisAgreement;The Final Testing and Certification Agency will be involved with Project from thedevelopment stage to ensure that the guidelines are being followed and to avoidlarge scale modifications pursuant to testing done after the application is fullydeveloped;The Final Testing and Certification Agency may engage professionalorganizations for conducting specific tests on the software, hardware,networking, security and all other aspects;The Final Testing and Certification Agency will establish appropriate processesfor notifying the System Integrator of any deviations from the norms, standards orguidelines at the earliest instance after taking cognizance of the same to enablethe System Integrator to take corrective action;(f) Such an involvement of and guidance by the Final Testing andCertification Agency shall not, however, absolve the System Integrator of thefundamental responsibility of designing, customizing/ developing, installing,testing and commissioning the various components of the Project to deliver theservices in perfect conformity with this Agreement2.7.5 The Parties shall each ensure that the range of the Services under the SLA shall not bevaried, reduced or increased except with the prior written agreement between the Clientand System Integrator in accordance with the Change Control Schedule set out inSchedule II of this Agreement. Save for the express terms of the Terms of PaymentSchedule set out as Schedule VI of this Agreement, Client or its nominated agencies andits users may purchase any particular category of Services that may become necessaryas per the Change Control Schedule set out in Schedule II of this Agreement, without theneed to go for a separate procurement process.2.8 Representations and Warranties2.8.1 Representations and warranties of the System IntegratorThe System Integrator represents and warrants to the Client or its nominated agencies that:(a)(b)it is duly organized and validly existing under the laws of India, and has full powerand authority to execute and perform its obligations under this Agreement andother agreements and to carry out the transactions contemplated hereby;it is a competent provider of a variety of information technology and businessprocess management services;Volume III Request for Proposal for Selection of System Integrator Page 15 of 132
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CCTNS RFP FOR SI VOL III.pdf - National Crime Records Bureau

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