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

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RFP for Selection of System Integrator of CCTNS19. ARTICLE 19: Service Levels(a) The BUYER shall sign Service Level Agreement(s) (“SLA”) with SI. These SLAs will prevailfrom the start of the Maintenance Stage. However, SLAs will be subject to beingredefined, to the extent necessitated by SCRB and the SLAs may be reviewed on a biannualbasis as SCRB decides after taking the advice of the SI and other agenciesprovided that the fundamental objectives and principles of the SLA remain intact. All thechanges in terms of addition, alteration or deletion of certain parameters would be madeby SCRB in consultation with the SI. Payments to the SI are linked to the compliance withthe SLA metrics by the SI.(b) The SLA parameters shall be monitored on a monthly basis as per the individual SLAparameter requirements. However, if the performance of the System/services isdegraded significantly at any given point in time during the Contract and if theimmediate measures are not implemented and issues are not rectified to the completesatisfaction of SCRB or an agency designated by them, then SCRB will have the right totake appropriate disciplinary actions including termination of the Contract.(c) A Service Level violation will occur in case of SI‟s failure to meet minimum ServiceLevels, for a particular Service Level. Minimum Service Levels will be measured on a halfyearlybasis. Overall availability and performance measurements will be on amonthly/activity basis for the purpose of Service Level reporting. The Availability andPerformance Report will be provided by the SI on monthly basis in the SCRB suggestedformat and a review shall be conducted based on this report. A monthly Availability andPerformance Report shall be provided to SCRB at the end of every month containing thesummary of all incidents reported and associated SI performance measurement for thatperiod. The monthly Availability and Performance Report will be deemed to be acceptedby the SCRB upon review and signoff by both SI and SCRB. Where required, some of theService Levels will be assessed through audits or reports e.g. utilization reports,measurements reports, etc., as appropriate to be provided by the SI on a monthly basis,in the formats as required by the SCRB. The tools to perform the audit will need to beprovided by the SI. Audits will normally be done on regular basis or as required by SCRBand will be performed by SCRB or SCRB appointed third party agencies.(d) SI shall put in its best efforts in order to achieve the Service Levels in accordance withSchedule II. In case these Service Levels cannot be achieved within the timelines definedin the Schedule II, it shall result in a breach of Contract and invoke the penalty clauselaid down in Schedule II. The penalties will be computed and calculated as per thecomputation explained in the schedule.Volume IIIContractual and Legal Specifications62
RFP for Selection of System Integrator of CCTNS20. ARTICLE 20: Miscellaneous20.1. Entire Agreement(a) This Contract shall constitute the entire agreement amongst the Parties hereto in respectof the subject matter hereof. If there is any aspect of the Project not covered by any ofthe provisions of this Contract, then and only in that event, reference may be made bythe Parties to the bid documents, inter alia including the clauses and materials of all thespecifications, terms and conditions of RFP, issued by the BUYER and also including theaddendums, clarifications given in writing in the pre-bid meetings and the submissions ofSI and the bid submitted by SI but not otherwise. In case of any contradictions in theterms of this Contract and any such other bid documents as referred to above, the termsof this Contract shall prevail.(b) This Contract, including all documents incorporated herein by reference, constitutes thecomplete and final agreement between the BUYER and SI with respect to the subjectmatter hereof, and supersedes all prior or contemporaneous negotiations, written or oralunderstandings and agreements, between the Parties regarding such subject matter.(c) This Contract may be executed in two or more counterparts, each of which will bedeemed an original, but all of which together shall constitute one and the sameinstrument.20.2. Notices(a) Except expressly otherwise provided in this Contract, any notice or other document,which may be given by either Party under the Contract, shall be given in writing inperson or by pre-paid recorded delivery post or by facsimile transmission or by email.(b) All the notices will be initiated by the designated officers of the respective PartiesNOTE: All the notices will be sent to the “principal officers” of both Parties with a copymarked to the designated initiating officers of the other party.(c) In relation to a notice given under the Contract, any such notice or other document shallbe addressed to the other Party's address as set out below:BUYER:Inspector General of Police,Police Computer Wing,State Crime Records Bureau,…………SI:Volume IIIContractual and Legal Specifications63
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Odisha - CCTNS - RFP - VOL - National Crime Records Bureau

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