PREAMBLE:  Comprehensive AMC contracts placed through GeM shall be governed by following set of Terms and Conditions:

1. General terms and conditions for Goods and Services;
2. Service Specific STC of AMC Services – as defined in Service Catalogue which includes SLA for the Service or Service for a product;
3. BID / Reverse Auction specific ATC

Note:

Operation of the above terms and conditions are in reverse order of precedence i.e. ATC supplement Service Specific STC and GTC, however, Service Specific STC prevails or supersede over the GTC.

The above set of conditions along with Scope of supply including price as enumerated in the Contract Document shall be construed to be part of the contract.

This document represents a comprehensive Terms and Conditions governing the contract between the Buyer and Service Provider. The purpose of this document is to outline the scope of work, Stakeholder’s obligation and terms and conditions of all services covered as mutually understood by the stakeholder

Agreement Overview

This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Annual Comprehensive Maintenance Service Provider Agency. This Agreement outlines the Scope of Work, Stakeholder’s Obligation and General Terms and Conditions of Services covered as they are mutually understood by the stakeholders.

Objective and Goals

The objective of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent delivery of maintenance service to buyer by service provider. The goals of this Agreement are to:

Provide clear reference to service ownership, accountability, roles and/or responsibilities.

Present a clear, concise and measurable description of service provision to the customer.
Depict Terms and Conditions for all the involved stakeholders.

To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons.

The agreement will act as a reference document that both the parties have understood the mentioned terms and conditions and have agreed to comply the same.

 Stakeholders

Following are the stakeholders associated with this agreement:

• Annual Maintenance   Service Provider
• Buyer / Consignee

The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses payment terms and penalties in case of non-adherence to the defined terms and conditions. It is assumed that all stakeholders would have read and understood the same before signing  the SLA / before bidding .

Scope of the AMC Services

The contract shall be on comprehensive basis, inclusive of repairs and replacement of spare parts ( excluding consumables ) without any extra payments. The AMC Vendor shall carry out  maintenance Services  as per schedule   indicated in bid document .If nothing indicated Preventive Maitenance Service (PMS) of equipments  may  be done once in at three months during currency of the contract . The scope of Annual Comprehensive Maintenance Service covers upkeep & smooth working of the equipment within the premises of user department as per laid down SLA and other provisions contained in the agreement document.

Service provider should deploy trained, experienced and competent service engineer for carrying out necessary   maintenance services for the equipment as per bench marked maintenance practices / OEM manuals in user's location. Continuous efforts should be made by Service Provider Agency(SPA) to minimise the down time of the equipment as a part of the duties of the service provider agency. The SPA shall ensure that all equipment are maintained at optimum operating levels. All scheduled maintenance required for the upkeep of the equipment will be carried by the Service Providers . For maitenace services all the  necessary & adequate tools / instruments   will be provided by the service provider itself to the engineers responsible for upkeep of equipment at user’s premises.

Comprehensive Annual Maintenance Contract Services for Laptop /  UPS etc

Comprehensive AMC includes all spare parts of the equipment except battery of laptop and UPS etc. Any defective part of the equipment must be repaired /replaced by the Service Provider at his own cost. Parts so replaced should be new and genuine OEM parts or as prescribed by OEM in their Service Manual and depending on the item under contract.

This would include (Depending upon the contract Duration / contractual obligation):

1. Preventive Maintenance Service (PMS) –Monthly / Quarterly as indicated in bid
2. Annual Maintenance Services (AMS)
3. Break Down Services/Repair (BDS)

Buyer Obligations

1. Buyer Department shall ensure that the Service Provider gets the required access to location/ areas/ rooms for providing the services as per installation of equipment.
2. Buyer should mention the correct model numbers of equipment / spare parts cat part id etc to the service provider for effective service rendering. 
3. Buyer should also mention any previous break downs and repairs to the service provider.

4. Price Variation Clause:

   "It is advisable to include Price Variation Clause in the long term contracts to take care of the increase/decrease in prices of various ingredients which majorly affect the overall price of the service. Buyers are therefore advised to include the Price Variation Clause (PVC) in the bid document through ATC for long term contracts. The additional payment, if any, on account of PVC can be done offline till such time online functionality is developed on GeM."

Service Provider Obligations

1. The SPA  would put asset number on each of the system being maintained by them. These should correspond to the number/s of equipments to be maintained in a separate register along with details of rooms/location  where these assets  are installed . If there is shifting of the equipment/s under this AMC, the SPA will have to make changes in record accordingly. Designated Officer in charge (IT Systems) would assist the firm in accomplishing  this task and ensure this to be done under his supervision
2. Service Provider should   deploy technically competent service engineer / engineers at users premises as per deployment details intended in bid document    to ensure proper upkeep of equipment and quick resolution of fault during the AMC period.
3. Complaint can be registered either telephonically or by e-mail or in person at helpdesk setup established  by SPA at user premises  as per condition of bid/contract .   Proper record of the complaints should be maintained by the AMC Vendor/Support Engineer at each consignee location / user premises. SPA should  provide contact point and  structure of escalation matrix to buyer/consignne at time of commecement of services .
4. The Service Provider should use suitable   instruments / tools   to examine and repair the equipment. The AMC Vendor should have the required drivers / software for maintaining the compute devices  and peripherals and for configuring them. If required in bid document, service provider should also do the update / maintenance of operating system, software installation provided by user, installation of patches, configuration of applications (clients side) and updating of drivers etc.
5. “The Service Provider is required to maintain the log sheet which will include number of services provided during the contract period with dates and part of the equipment got repaired or replaced, with its proper model number and necessary details. Bidder shall provide quarterly call logged and resolution data on pdf/excel format.
6. The Service Provider must fulfil the requirement of number of preventive maintenance services  if required as per bid document .
7. The contractor will maintain the confidentiality of data stored of the computer systems. The contractor will be required to take appropriate actions in respect of his personnel to ensure the obligations of non-use and non-disclosure of confidential information. Bidder’s  personnel shall ensure the obligations of non-use and non-disclosure of confidential information.”

Special Terms and Conditions

         The General Terms and Conditions defined in the Terms and Conditions for GeM Products and Services are applicable for this Service as well to the extent applicable.

        The comprehensive maintenance includes preventive maintenance monthly / quarterly as per bid and regular services of the various equipment and/or replacement of any items necessary for keeping the listed equipment active and free from any defects/disturbance and on any unscheduled call for corrective and maintenance services.

        The user Departments shall indicate preferably the Equipment Name, Quantity, Location, date of procurement/vintage  Brief Problem /fault  in  Machines  (if any existing at time of bidding ), make & model to enable the service provider to quote  the best price .Sharing the machines serial nos may be  be considered as baseline.

    All the consumable articles / parts such as material required for cleaning of equipment and machinery, repairs and maintenance will be provided by the service provider at no extra charge to the buyer.The repairs/replacement of  spare parts ( except consumables )  and maintenance will be provided by the service provider at no extra charge to the buyer. Except for out of scope items if any will be indicated by buyer at time of bid creation .

        Immediately on award of the service order, the service provider would give a report regarding taking over of the equipment for maintenance purpose. It shall be the responsibility of the service provider to make the equipment work satisfactorily throughout the contract period, also to hand over the equipment to the department in working condition on expiry of the contract. In case any damage in the equipment is found, penalty would be applied at the time of payment and the amount as per the defined ,  penalty would be deducted.

      In case of delay in attending to problems, breakdown of systems due to improper handling by service provider personnel etc suitable penalties for violation of service level agreements shall be levied as indicated in the Penalty Clauses.

       The annual maintenance shall be carried out during office hours , primarily at the premises as specified in the work order. In case, the Service Provider feels that the equipment cannot be repaired at site, they should carry themselve to their designated workshiand for quick propmpt/repair & deliver the functional  equipment back to user at their own cost and risk after  getting  it repaired promptly.

   In case the Service Provider fails meeting   maintenance requirements in time , then Buyer may  make its own alternative arrangements for the servicing/repair/maitenance  of the equipment  to avoid loss of productivity . Under such circumstances Service Provider would reimburse the cost of such arrangements incurred by the buyer/consignee . Alternatively buyer is free to deduct from scheduled payment of SPA.

       The  Service Provider shall ensure appropriate deployment of the manpower as per requirement indicated in bid document . The parts/components/sub-assemblies used for repair/replacement by the service provider will be of the preferably of same make and functional capability as originally available in the system. Alternatively  OEM authorised parts/components/sub-assemblies may  be used for repair/replacement by the service provider.

            The Vendor will make sure that all the hardware assets are in working conditions in users’ premises. The vendor shall provide service support as and when required during the AMC period without any extra cost to buyer .  Post contract award, Bidder should  provide the structure of escalation matrix and call logging mechanism for prompt response and repair within stipulated time frame .

 Response Time

The response time is subject function of working days during working hours.

1. Ordinarily a complaint must be attended within 4 hours when no change of spare part is involved, however, in case of requirement of change of spare part, the complaint should be resolved within 48 hours of its receipt. Majority of faults should be rectified in the first response itself. However, maximum period allowed for defect rectification shall be 48 hours.

2. In case the system is not repaired, or an alternative system not provided  within the period of 48 hours from the time of failure reported, then the  buyer  may choose to get the same repaired or part replaced by other authorised / suitable service  agency   and the cost / expenditure incurred therein shall be recoverable from the service provider .

System Uptime

The breakdown time will be worked out as under: -

Total Machine’s Days(X) = (NO of equipment under AMC) * No. of working day in a quarter.

Breakdowns (Y) = Cumulative Sum of breakdown duration of all the equipment under AMC   in days during the quarter

 Percentage uptime= (X-Y)/X) *100.

The selected bidder shall ensure minimum 95% uptime.

Payment Terms

The payment will be made to AMC Service provider as indicated in bid document after submission of invoice and Uptime details to user /consignee/buyer . Penalties as per SLA shall be levied, if applicable.

If bid document is silent then Payment will be made on quarterly basis (if the services are satisfactory) on submission of bill by the vendor on completion of each quarter after deducting penalty amount, if any. 

Enhancement or decrease of taxes, duties or prices of components, etc., will not affect the AMC rates during the entire period of AMC.No difference shall be paid or claimed as a result of the above.

Breach of Contract

1. A penalty to be imposed if the resolution / maintenance involving part replacement is delayed above 48Hrs or As per described resolution time in the bid /SOW
2. If the service providers are not able to complete or turn up for the calls, then users can avail the services from any other suitable authorized service centre or SPA  / competent technician and the amount so spent can be deducted from the bill of Service Provider / from his due amount
3. A penalty will be imposed in case of failure to meet the defined System Uptime
4. The cumulative penalty cannot exceed 10% of the contract value . The contract may be terminated by the Buyer once this limit is breached without any prejudice to other contractual remedy.

Penalties