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

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RFP for Selection of System Integrator of CCTNS16. ARTICLE 16: Personnel16.1. Supervision and Management(a) Personnel assigned by SI to implement the Project shall be employees of SI, and under nocircumstances will such personnel be considered employees of the BUYER.(b) SI agrees that no right of any employment with BUYER shall accrue or arise, by virtue ofengagement of employees, agents, contractors, subcontractors etc. by SI, pursuant tothis Contract.(c) All remuneration, claims, wages, dues of such employees, agents, contractors,subcontractors of SI is agreed to be paid by SI alone and the BUYER shall not have anydirect or indirect liability or obligation, to pay any charges, claims or wages of any ofemployee, agents, contractors, and subcontractors of SI.(d) SI has the responsibility for payment of such personnel's entire compensation, includingsalary, withholding of income taxes and other taxes as applicable, worker'scompensation, employee and disability benefits and the like and shall be responsible forall employer obligations under all applicable laws(e) SI shall have the sole responsibility for supervision and control of its personnel andensuring that they carry out their assigned job in a professional manner.(f) SI shall use its best efforts to ensure that sufficient SI personnel are employed to performthe services pursuant to the Project, and also that such personnel have appropriatequalifications to perform the services.(g) The BUYER has the right to seek the replacement of any member of the Project teambeing deployed by SI or the subcontractor, based on the assessment of the BUYER thatthe person in question is incompetent to carry out the tasks expected of him/her orfound that person does not really possess the skills /experience/qualifications asprojected in his/her profile or on the ground of security concerns or breach of ethics.(h) Except as stated in this Article, nothing in this Contract will limit the ability of SI toassign or reassign its employees; provided that SI shall be responsible, at its expense, fortransferring all appropriate knowledge from personnel being replaced to theirreplacements. The BUYER shall have the right to review and approve SI's plan for anysuch knowledge transfer. SI shall maintain the same standards for skills andprofessionalism among replacement personnel as in personnel being replaced.(i)In the event that the BUYER requests that any SI personnel be replaced, the substitutionof such personnel shall be accomplished pursuant to a mutually agreed upon schedule butnot later than 15 Working Days from the date of such requests.(j) The BUYER would like to identify those persons whose profiles were the basis for theevaluation of the competence of SI to carry out the implementation of the Project at theBUYER as the “Key personnel” as listed in Schedule IV. It is the responsibility of SI toVolume IIIContractual and Legal Specifications50
RFP for Selection of System Integrator of CCTNSdeploy these resources either on a full time or part time basis for the activities they havebeen proposed to be deployed during the Project as per the response to the RFPsubmitted by SI.(k) In the event that the BUYER identifies any personnel of SI as “Key Personnel”, then SIshall not remove or replace such personnel without the prior written consent of theBUYER under the applicable section of this Contract.(l) Under exceptional circumstances when the Key Personnel are to be replaced or removed,SI shall put forward the profiles of personnel being proposed as replacements. Theseprofiles should be either equivalent or better than the ones being replaced. Howeverwhether these profiles are better or equivalent to the ones being replaced will bedecided by the BUYER or its authorised representative. The BUYER or its authorisedrepresentative will have the right to accept or reject these substitute profiles.(m) In the event that any Key Personnel is to be replaced for reasons not attributed to theBUYER the substitution of such personnel shall be accomplished pursuant to a mutuallyagreed upon schedule but not later than 7 Working Days from the date of exit of suchpersonnel.(n) In the event that the Key Personnel are to be replaced, it can be done only by followingthe procedure in Schedule IV.(o) Each Party shall be responsible for the performance of all its obligations under thisContract and shall be liable for the acts and omissions of its employees and agents inconnection therewith.(p) SI warrants that its personnel shall at all times comply with security regulations in effectfrom time to time at the BUYER premises and externally for materials belonging to theBUYER.(q) SI will comply with the directions issued from time to time by the BUYER and thestandards related to the security and safety insofar as it applies to the personneloperating out of the BUYER premises.16.2. The Minimum ProficiencyThe BUYER would like to identify certain roles of the Project team being deployed by SIduring the implementation of Project, as key roles as per Schedule IV. These key roles areidentified to be critical to the success of the Project and it is expected that these key roleswill be staffed with personnel with adequate proficiency. The minimum proficiency in termsof expertise, skills and educational qualifications are listed in Schedule IV.16.3. Clearance for Personnel(a) In pursuance of the conditions in the RFP, SI undertakes that all the personnel beingdeployed by SI for the Project are Indian nationals.Volume IIIContractual and Legal Specifications51
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Odisha - CCTNS - RFP - VOL - National Crime Records Bureau

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