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

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Crime & Criminals Tracking Network and Systems ProjectSikkim Police3.3.5 Employees(a)(b)(c)Promptly on reasonable request at any time during the exit management period,the System Integrator shall, subject to applicable laws, restraints and regulations(including in particular those relating to privacy) provide to the CLIENT or itsnominated agency a list of all employees (with job titles) of the System Integratordedicated to providing the services at the commencement of the exitmanagement period.Where any national, regional law or regulation relating to the mandatory orautomatic transfer of the contracts of employment from the System Integrator tothe CLIENT or its nominated agency, or a Replacement System Integrator("Transfer Regulation") applies to any or all of the employees of the SystemIntegrator, then the Parties shall comply with their respective obligations undersuch Transfer Regulations.To the extent that any Transfer Regulation does not apply to any employee of theSystem Integrator, department, or its Replacement System Integrator may makean offer of employment or contract for services to such employee of the SystemIntegrator and the System Integrator shall not enforce or impose any contractualprovision that would prevent any such employee from being hired by the SPMUor any Replacement System Integrator.3.3.6 Transfer of Certain AgreementsOn request by the CLIENT or its nominated agency the System Integrator shall effect suchassignments, transfers, licenses and sub-licenses as the Director General of Police may requirethe same in the name of Director General of Police, Sikkim or its Replacement System Integratorin relation to any equipment lease, maintenance or service provision agreement between SystemIntegrator and third party licensor, vendors, and which are related to the services and reasonablynecessary for the carrying out of replacement services by the CLIENT or its nominated agency orits Replacement System Integrator.3.3.7 Rights of Access to Premises(a)(b)At any time during the exit management period, where Assets are located at theSystem Integrator's premises, the System Integrator will be obliged to givereasonable rights of access to (or, in the case of Assets located on a third party'spremises, procure reasonable rights of access to) the CLIENT or its nominatedagency and/or any Replacement System Integrator in order to make an inventoryof the Assets.The System Integrator shall also give the CLIENT or its nominated agency or itsnominated agencies, or any Replacement System Integrator right of reasonableaccess to the System Integrator's premises and shall procure the CLIENT orits nominated agency or its nominated agencies and any Replacement SystemIntegrator rights of access to relevant third party premises during the exitmanagement period and for such period of time following termination or expiry ofthe MSA as is reasonably necessary to migrate the services to the CLIENT or itsnominated agency, or a Replacement System Integrator.Volume III Request for Proposal for Selection of System Integrator Page 46 of 132
Crime & Criminals Tracking Network and Systems ProjectSikkim Police3.3.8 General Obligations of the System Integrator(a)(b)(c)The System Integrator shall provide all such information as may reasonably benecessary to effect as seamless a handover as practicable in the circumstancesto the CLIENT or its nominated agency or its Replacement System Integrator andwhich the System Integrator has in its possession or control at any time duringthe exit management period.For the purposes of this Schedule, anything in the possession or control of anySystem Integrator, associated entity, or consortium/partners is deemed to be inthe possession or control of the System Integrator.The System Integrator shall commit adequate resources to comply with itsobligations under this Exit Management Schedule.3.3.9 Exit Management Plan(a)(b)(c)(d)(e)(f)(g)The System Integrator shall provide the CLIENT or its nominated agency with arecommended exit management plan ("Exit Management Plan") which shall dealwith at least the following aspects of exit management in relation to the MSA as awhole and in relation to the Project Implementation, and the Operation andManagement SLA.i. A detailed program of the transfer process that could be used in conjunction witha Replacement System Integrator including details of the means to be used toensure continuing provision of the services throughout the transfer process oruntil the cessation of the services and of the management structure to be usedduring the transfer;ii. plans for the communication with such of the System Integrator'sconsortium/partners, staff, suppliers, customers and any related third party as arenecessary to avoid any material detrimental impact on the CLIENT‘s operationsas a result of undertaking the transfer;iii.iv.(if applicable) proposed arrangements for the segregation of the SystemIntegrator's networks from the networks employed by CLIENT and identificationof specific security tasks necessary at termination;Plans for provision of contingent support to CLIENT, and Replacement SystemIntegrator for a reasonable period after transfer.The System Integrator shall re-draft the Exit Management Plan annuallythereafter to ensure that it is kept relevant and up to date.Each Exit Management Plan shall be presented by the System Integrator to andapproved by the CLIENT or its nominated agencies.The terms of payment as stated in the Terms of Payment Schedule includes thecosts of the System Integrator complying with its obligations under this Schedule.In the event of termination or expiry of MSA, and Project Implementation, eachParty shall comply with the Exit Management Plan.During the exit management period, the System Integrator shall use its bestefforts to deliver the services.Payments during the Exit Management period shall be made in accordance withthe Terms of Payment Schedule.Volume III Request for Proposal for Selection of System Integrator Page 47 of 132
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