Odisha - CCTNS - RFP - VOL - National Crime Records Bureau

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RFP for Selection of System Integrator of CCTNS(k)(l)(m)(n)(o)(p)representative of such Party or the independent engineer and/or statutory auditor orany other authority, as the case may be, in this behalf and not otherwise.Unless otherwise stated, any reference to any period commencing “from” a specifiedday or date and “till” or “until” a specified day or date shall include either such daysor dates.Unless otherwise specified, any interest to be calculated and payable under thisContract shall accrue on an Annual basis and from the respective due dates as providedfor in this Contract.A reference to an article, clause, section, schedule, annexure or appendix is areference to an article, clause, section, schedule, annexure or appendix to thisContract unless otherwise stated and references to this Contract include any recital,schedule, annexure or appendix to this Contract.A reference to knowledge of a person includes Information that a reasonable person inthe circumstances of that person would have known by reasonable inquiry.In interpreting this Contract no rule of construction applies to the disadvantage of aparty because that party or its legal advisor was responsible for the preparation of thisContract or any part of it.The business hours are 9:00AM - 06:00PM on all working days (Mon-Sat) excluding publicholidays or any other holidays observed by Odisha State Police however for the SIbusiness hours will be as and when the CAS (State) requires their Services.1.3. Measurements and Arithmetic Conventions.All measurements and calculations shall be in metric system and calculations done to 2decimal places, with the third digit of 5 or above being rounded up and below 5 beingrounded down.1.4. Ambiguities and Discrepancies.In case of ambiguities or discrepancies within this Contract, the following shall apply:-(a) Between two Articles of this Contract, the provisions of specific Articles relevant to theissue under consideration shall prevail over those in other Articles.(b) Between the dimension scaled from the design and drawings and its specific writtendimension, the latter shall prevail.(c) Between any value written in numerals and that in words, the latter shall prevail; and(d) Between the provisions of this Contract and any other documents forming part of thisContract, the former shall prevail.Volume IIIContractual and Legal Specifications16
RFP for Selection of System Integrator of CCTNS2. ARTICLE 2: Structure2.1. OverviewThis Contract shall operate as a legally binding contract for the Project specifying the masterterms which apply to the Parties under this Contract, including but not limited to terms inrelation to design, development and management of software, training of the users andsubsequently operate and maintain the System with commitment for delivering the softwareand services specified under this Contract in accordance with roles and responsibilities setherein for maximum total consideration of Rs. inclusive of all taxes, levies, cessand any other statutory dues.(a) There are two distinct stages during which the Contract will be in force. The nature ofwork, the commitment and the interpretation of the Contract will be based on thecontext of these two stages. Both these stages together comprise the Project:-(i) Design and development stage(ii) Maintenance stageThe “Design and Development Stage” will be a stage prior to Go-Live and in which theservices will be executed in a project mode with emphasis on the supply of the ProjectAssets, installing, commissioning and implementing them as per the product/ processspecifications. In this stage services like designing, enhancement, development of the CAS(State), preparing System requirement specifications, conducting System assessment, DataMigration, user testing, delivering and commissioning of hardware at the Police Stationsand Higher Offices etc. will be provided by SI. This stage will stand concluded on thesuccessful Go-Live date.The “Maintenance Stage” will be a stage after the date of Go-Live and will be driven bydefinition of services, the Service Levels, the measurement of Service Levels, penaltiesfor non conformance to services etc. In this stage the SI will be responsible for providingservices like Annual Maintenance Services, handholding, training etc.The above mentioned stages have been discussed in greater detail in the RFP.2.2. Conditions Precedent(a) Conditions Precedent for Design and Development Stage: Subject to express terms tothe contrary, the rights and obligations in respect to the Design and Development Stageunder this Contract shall be effective only upon fulfillment of all the conditions precedentset out in this Article 2.2 (a) (“Conditions Precedent for Design and DevelopmentStage”). The following conditions needs to be fulfilled by the SI:-(i) Provide the “Performance Bank Guarantee” (as defined in Article 2.4 of theContract) to the BUYER as specified in RFP(ii) Provide the BUYER, the certified true copies of its constitutional documents andboard resolutions authorizing the execution, delivery and performance of thisContract with the BUYER.However, the BUYER may at any time at its sole discretion waive fully or partially any of theConditions Precedent for Design and Development Stage.Volume IIIContractual and Legal Specifications17
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Odisha - CCTNS - RFP - VOL - National Crime Records Bureau

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