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

RFP for Selection of System Integrator of CCTNSbeen waived by the BUYER fully or partially, this Contract shall stand terminated asof that date, at the sole option of the BUYER.(ii) Notwithstanding anything contained to the contrary, in the event of termination ofthis Contract, on account of non-fulfillment of the Conditions Precedent for theMaintenance Stage, the BUYER shall not be liable in any manner whatsoever to the SIand the BUYER shall forthwith invoke the Performance Guarantee and forfeit theguaranteed amount. Such termination and forfeiture shall be without prejudice orother rights of the BUYER under law or Agreement.(iii) The possession of any of the Project facilities and/or Project Data delivered to the SIprior to the fulfillment of all of the Conditions Precedent for the Maintenance Stage,upon the termination of this Contract such possession shall immediately revert to theBUYER, free and clear from any encumbrances or claims.(iv) The Project Assets and the licenses which the BUYER intends to take at such dateshall be transferred to the BUYER at the predetermined rates.(v) Instead of terminating this Contract as provided in Article 2.2(d) above, the BUYERmay extend the time for fulfilling the Conditions Precedent for Maintenance Stageand the Milestones set out in this Contract. It is clarified that any extension of timeshall be subject to imposition of agreed liquidated damages on the SI linked to thedelay in achieving the Milestone.2.3. Undertakings by the SI:The SI represents and warrants to the BUYER that the SI shall be bound by the undertakingssubmitted by the SI to SCRB as part of the clarifications to the technical proposal submittedby the SI. The undertakings are listed in the Schedule III.2.4. Continuous Improvement of CAS (State).The SI shall execute enhancements priced up to Rs. and release new versions ofCAS (State). The costs for the enhancements that qualify as Continuous Improvement shall becalculated on the basis of implementation costs and blended person-month rate quoted bythe SI and provided in Schedule VI and estimated blended person-month effort to besubmitted by the SI and mutually agreed upon by the SI and SCRB. The enhancementsproposed by the SI should be based on the collection and collation of end-user feedback; aswell as ideas generated by the SI through their research and other sources. The BUYER mayalso propose enhancements based on user-feedback from Police Stations, various Headquatersand other Stakeholders. Only those enhancements that qualify as significant enhancements,that when implemented will result in a quantum leap in meeting user needs, enhancing theuser experience and acceptance and improve the outcomes in policing, will be considered forContinuous Improvement. Each enhancement will have to go through the Change ControlProcedure as elaborated in the Schedule VIII and blended person-month rate quoted by the SIand provided in Schedule VI will be used to cost the change request. However, the total valueof all the change requests will be limited to Rs. . In case there are no approvedenhancements to the CAS (State) for the next version, this amount will remain unused andwill not be paid to the SI.2.5. Additional work:The BUYER has the option to avail the services of SI for carrying out any extension or changesin scope of work, as a part of the Project, provided the prices for the same has been obtainedalready in the bidding process leading to this Contract and listed in the Schedule VI. All suchVolume IIIContractual and Legal Specifications19