SERVICE LEVEL AGREEMENT (SLA)
FOR OPERATION AND MAINTENANCE (O&M) OF DATA CENTRE ASSETS
1. Preamble
A. All Operation and Maintenance of Data Centre Assets service related contracts placed through GeM shall be governed by the following set of Terms and Conditions:
I. General terms and conditions for Goods and Services. (“GTC”)
II. Service specific terms and conditions (“STC”) contained in this document
III. BID / Reverse Auction specific Additional Terms and Conditions (“ATC”) as specified by the Buyer
B. The above terms and conditions are in reverse order of precedence i.e., ATC supersedes Service specific STC which supersede GTC, whenever there are any conflicting provisions.
C. This document represents the Special Terms and Conditions (STC) and the Service Level Agreement (SLA) 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 stakeholders.
2. Objectives and Goal
The objective of this document is to ensure that all the special terms and conditions are in place to ensure consistent delivery of services to the Buyer by the Service Provider. The goal of this document is to:
⦁ Provide clear reference to service ownership, accountability, roles, and responsibilities of both parties.
⦁ Present a clear, concise, and measurable description of services offered to the Buyer.
⦁ Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified.
⦁ To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons.
This document will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.
3. Stakeholders
The main stakeholders associated are:
1. Buyer: The Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed as per the contractual terms
2. Service Provider: The Service Provider is responsible to provide all the required services in timely manner. The Service Provider may also include seller, supplier/bidder/contractor, any authorized agents, permitted assignees, successors, and nominees as per the context and as described in the document
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses payment terms and deduction in case of non-adherence to the defined terms and conditions.
4. Service Scope
A data centre (DC) is a major infrastructure and facility which contains a high quantity of compute servers, storage, network devices, etc. to provide internet services for many enterprises in the world. The principal components and equipment located in data centre are compute servers, storage devices, network devices including other key systems located are continuous power supply, air conditioning, and physical infrastructure.
In the operation and maintenance (O&M) of data centre assets, it is proposed that the Service Provider shall operate and maintain the data centre for the period of the contract as per contractual agreement. The data centre’s assets must be maintained through comprehensively by Original Equipment Manufacturer or its authorized partners/vendors. The operation and maintenance by the OEM or its authorized vendors should be exclusively for the Buyer’s data centre and should not be combined with any other site of other Buyer.
The list of various DC systems and assets that are required to be operated and maintained by the Service Provider is given below.
A) Data Centre – General Operation and Management (O&M)
1. The Service Provider shall be responsible for 24x7x365 maintenance, operation and management of all existing and newly added Infrastructure, systems, applicationsand theservices during the contract period in accordance with the Service Level Agreement between Buyer and the Service Provider. The scope includes disaster management & business continuity under the system for Buyer along with their other officers/infrastructureacross all over India.The Service Providermust carefully examine the list of various Hardware & Software tools and components used in provisioning, configuring, and monitoring of the infrastructure.
2. The Service Providershall perform all functions and services necessary to accomplish the business objective and requirement of the Buyer.
3. The Service Provider shall maintain the compliances and shall be responsible for audit of ISO 27001 and ISO 20000. Strict compliance to IT Security Policies with respect to IT Infrastructure management to be maintained by the Service Provider.
4. Proactive monitoring of all the applications hosted in the data centre.
5. Overall responsibility for delivery of services as per Scope/ Statement of Work/s (SOW) and Service Level Agreement (SLA).
6. Provide strategic and tactical recommendations in relation to technology related issues and technology improvement.
7. Provide necessary support and information to internal or external auditors or any other agency in carrying out audit of systems/procedures being followed in management of IT infrastructure of the Buyer.
8. Supports the tracking of the current asset inventory status, so that future asset needs can be effectively planned and budgeted in collaboration with Buyer.
9. Review and administer the Project Change Control Procedure with Buyer.
10. All aspects of data centre would follow a continual improvement cyclic process as MeasurementàReportingàImprovementàMeasurement.
11. The Service/Helpdesk team to be deployed by the Service Provider shall resolve/coordinate only DC/DR & Applications support related issues.
12. The Service Provider shall provide "ownership-to-resolution" of all help desk calls, monitor and report on the progress of problem resolution, confirm resolution of the problem with the end user, and log the final resolution via the problem management system.
13. The Service Provider shall record, analyse and report on calls received by the help desk, including:
a. Call volumes and duration
b. Incident & Problem trends
c. Call resolution time
14. The Service Provider shall provide input to the Buyer on end user training requirements based on help desk call tracking and analysis. As part of end user support, the Service Provider will be required to guide, handhold and resolve the support calls. However, for repeated / complex issues requiring training to the end users, the Service Provider will be required to provide inputs / feedback to the Buyer.
15. The escalation matrix is defined based upon nature / severity / other Defined Parameters as mutually agreed by the Buyer and Service Provider. Preferred communication regarding escalation methods shall include e-mail notifications using the Buyer’s mailing system.
B) Data Centre - IT (Hardware, Storage, Network, Software) O&M
1. The Service Provider shall be responsible for installation/re-installation, troubleshooting of server, virtual machines, serverless computing, storage administration and other hardware /network equipment’s in the event of system crash/failures.
2. The Service Provider shall be responsible for operating system administration, including but not limited to management of users, processes, preventive maintenance and management of servers including updates, upgrades and patches to ensure that the system is properly updated.
3. The Service Provider shall be responsible forData Centre Management of Middleware /system software/tools on which business applications are deployed.
4. The Service Provider shall be responsible fornew implementation, Reinstallation, Configuration, Administration, Upgrade/path/new release deployment, performance tuning of all the software components (on existing as well as on new hardware) viz. operating system, database, middleware tools, mailing solutions, enterprise solution, virtualization tools, antivirus services, webservers, portal application servers etc.
5. The Service Provider shall be responsible forimplementation of tools such as EnterpriseManagement System (EMS)/Network MonitoringSystem (NMS) tools and delivery of services must adhere to Standard Operating Procedures (SOPs), IT policy, IT security policy, Cyber Security Policy, Business Continuity Management (BCM) Policy, Information Security Management System (ISMS) standards or any such guidelines/ policies issued by the Buyer from time to time and ensuring continuous improvement of services.
6. The Service Provider shall be responsible fortroubleshoot problems with web services, mail services, applications software, desktop/server relationship issues and overall aspects of a server environment. Problems shall be logged in at the Help Desk and resolved as per the SLAs.
7. The Service Provider shall ensure the O&M of storage administration, IT backend services such as Directory Services, Database Service, and User rights/Policies.
8. The Service Provider shall facilitate software/application migration in coordination with application owners /departments nodal officers.
9. Regular analysis of events and logs generated in all the sub-systems including but not limited to servers, operating systems, security devices etc. to identify vulnerabilities. Necessary action shall be taken by the Service Provider in accordance with the results of the log analysis. The Service Provider are advised to refer the Ministry of Electronics and IT, Government of India /CERT-In guidelines. The Service Provider shall co-ordinate and provide all the support for such requirements during the entire project tenure.
10. The Service provider will be required to use ITIL or equivalent based framework for the delivery of services under the project. Accordingly, the Service Provider needs to submit detailed methodology including organizational setup, project management, configuration of EMS/NMS tools and transition plan which is proposed to be followed by itself for the delivery of services during the contract period using respective ITIL or equivalent framework.
11. Proactive, reactive maintenance, repair, and replacement of defective components which are installed in data centre shall be the exclusive responsibility of the Service Provider. The cost of repair and replacement shall be borne solely by the Service Provider.
12. The Service Provider shall provide and maintain necessary documents on a daily, weekly, fortnightly, and monthly basis, manage various systems. The Service Provider shall ensure timely services, spares & maintenance contract services.
13. Adequate onsite & offsite spare parts/components must be maintained by the Service Provider to ensure that the uptime commitment as per SLA is met to provide the services. It is important for the Service Provider to have a back-to-back arrangement with all OEMs.
14. Providing Tools, tackles, spares, skilled resources, safety & security arrangement, consumables, Fire safety equipment, and maintenance for the entire contract period shall be the responsibility of the Service Provider.
15. Repair and maintenance including periodic, preventive & breakdown maintenance of all kinds of equipment and appliances of all capacities shall be the responsibility of the Service Provider.
16. Day-to-day operations on such as system routine health check-ups, continuous monitoring, cleaning, preventive maintenance, etc.
C) Data Centre – Physical Infrastructure O&M
1. The Service Provider shall be responsible for day-to-day monitoring and upkeep of the Building Management System (BMS) which includes Monitoring of temperature, humidity, run time etc. parameters for
(i) Precision Air Conditioning System including Monitoring of the temperature in different sections of the data centre and automatic switch-over of the different units.
(ii) Comfort Air Conditioning System.
(iii) Chiller System.
(iv) DG Set, Fuel Storage Tank etc.
(v) Electrical System
(vi) UPS system, monitoring of voltages, battery health, etc.
(vii) Safety & security systems such as: -
⦁ Access Control System: Report on intruder alerts, check all Locks work as programmed and re-program when authorised
⦁ Surveillance System: Camera problems, backups, incidents, alerts from sensitive area, etc.
⦁ Conduct Fire drills
⦁ Fire Alarm and Detection System: Monitoring of Detectors, Hooters, False Alarm and take proper action in case of an actual fire. Monitor Gas based suppression system and the refill / pressure of the stand-alone Fire extinguishers.
⦁ Gas Based Fire Suppression System
⦁ Water Leak Detection System
⦁ Smoke Detection
(viii) Other functions of the Service Provider team shall include but not limited to the following: -
⦁ Call logging / allocation / monitoring / follow up and closure of calls
⦁ Call allocation to each vendor in case of any fault or malfunctioning noted in any equipment during monitoring/controlling
⦁ Monitoring of all calls till its closure
⦁ Regular performance analysis and measurement with respect to agreed SLAs
⦁ Monitoring actions planned like Preventive maintenance and its scheduling
⦁ Periodic reporting as defined and mutually agreed
⦁ Monthly call analysis
⦁ Follow formal dress code, shift timings, punctuality
⦁ Report all fault immediately and log the same in a logbook
(ix) Other Responsibilities of the Service Provider team shall include but not limited to the following: -
⦁ The site will be managed for Operation 24 X 7.
⦁ Weekly reporting.
⦁ Programming of Access Card as per approval.
⦁ Access Management: Status & abnormality of Systems, Access cards, Software, in reader, out reader, Push button & Magnetic Lock,
⦁ CCTV: Camera description, abnormality, system status, incidents & remarks of processed area of zone.
⦁ Fire Management: Status & remarks of Detectors, Hooters, Manual Call points, False Alarm.
⦁ Gas Based Suppression System, Daily monitoring of Pressure gauge of Cylinders, Release Actuator, Gas Inhibit Actuator, and Manual release push button status, Alarms & Module.
⦁ Smoke Detection & Water leak system: Daily Monitoring of System & Monthly testing.
⦁ BMS: PAC & Comfort AC–Monitoring of unit Temp with respect to set point, DG Monitoring On/Off time along with consumption & UPS- Battery, Line IN/OUT voltage and Current status.
⦁ Provide duty roster on monthly basis.
⦁ Operator should be Punctual & Well Dressed.
⦁ Maintain the Shift Schedule.
⦁ Weekly Report of all Systems.
⦁ Monthly reports to concerned officer as per the requirement.
5. Terms and Conditions
5.1 Buyer’s Obligations
1. The Buyer shall interface with the Service Provider to provide the required information as desired by the Service Provider along with clarifications, and to resolve any issues as may arise during the execution of the Contract.
2. The Buyer shall provide an adequate level of system authority for all hardware, software and resources installed in the data centre for which the Service Provider has problem resolution responsibility and communications access (such as physical links, modem connections, and analog lines etc).
3. The Buyer shallbe responsible for advising the Service Provider of hardware and software procurements, transfers or terminations which affect warranty and license registrations. The Buyershall also notify the Service Provider of any hardware and software procured by Buyer’s department and of any changes made by Buyer to such hardware and software.
4. The Buyer shall support the Service Provider in defining/ updating the help desk call prioritization guidelines along with problem severity codes and escalation procedures.
5. The Buyer shall provide updated contact list with their roles and responsibilities to the Service Provider on periodic basis for use by help desk personnel in contacting Buyer’s appropriate personnel for assistance/notification pertaining to the data centreoperation and maintenance.
6. The Buyer shallbe responsible for resolving any reconciliation discrepancies with the help of Service Provider.
7. The Buyer shall work with Service Provider to develop and coordinate a schedule to allow Service Provider free and sufficient access to all assets when performing a physical inventory.
8. The Buyer shall ensure that timely approval is provided to the Service Provider as and when required, which may include any document necessary in the fulfilment of this Service.
9. The Buyer has the right to review the project at any stage and if found unsatisfactory would proceed towards taking suitable actions as defined in this SLA.
10. The Buyer reserves the right to inspect by itself or through a Third-Party Agency and monitor/assess the progress/performance/ maintenance of the data centre components at any time during the course of the operation and maintenancecontract, after providing due notice to the Service Provider. The Buyer may demand any document, data, material, or any other information which it may require to enable it to assess the progress of the project.
11. The Buyer shall raise complaints/breakdown calls either telephonically or by e-mail or in person at 24x7 customer support or helpdesk setup established by the Service Provider at Buyer’s premises as per conditions of bid/contract and escalation matrix provided by the Service Provider.
12. The Buyer shall undertake the monthly review meeting and track the progress of the operation and maintenance of data centre.
13. The Buyer shall specify whether the cost of consumables items shall be reimbursed by Service Provider or not. In case consumables are part of the contract, that is, to be included in contract cost, The Buyer must include the details of consumables items in the bid.
5.2 Service Provider’s Obligations
1. The Service Provider shallbe required to operate and manage the data centre facilities. It will be the Service Provider’s responsibility to ensure compliance with the requirements of the data centre and continued operation of the data centre in accordance with guidelines issued by the Buyer.
2. Immediately upon the award of the contract, the Service Provider shallgive a report regarding taking over of the system to the Buyer department.
3. The Service Provider must possess the comprehensive knowledge of the data centre related requirements as stipulated in the bid document including but not limited to environmental, demographic and physical conditions and all criteria required to provide operation and maintenance services to the data centre.
4. This Service Provider shall be responsible for performing asset tracking and includes performing an initial verification of inventory of hardware and software to validate and establish the database management.
5. Reconciliation and acceptance of the initial inventory verification will be performed by the Service Provider.
6. The Service Provider shall ensure IT/Non-IT asset verification at data centre of the Buyer, once in a year or as defined in the Bid document, reconcile with hardware database and report to Buyer as per Buyer’s Standard Operating Procedures/ directions.
7. The Service Provider shall define the process for tracking hardware and software throughout the life cycle from procurement through disposal, including any changes performed during the useful life of the asset.
8. The Service Provider shall record installation of all new machines/equipment, movement within site/between locations, changes in configuration/upgrade of machines/equipment.
9. Regular backups for all databases in accordance with the backup and archive policies of the Buyer. Also conduct recovery/ restoration whenever required with appropriate permissions. Performance monitoring and tuning of the databases on regular basis including, preventive maintenance of the databases.
10. The Service Provider shall be responsible for maintaining the databases to meet performance standards, maximize efficiency and minimize outages, as necessary and proactively reviewing database logs and alerts and taking appropriate actions.
11. Maintaining, updating, and implementing database archive processes and procedures to recover from an outage or corruption in a timely manner, to meet the standards as per the Buyer’s Business Continuity Plan (BCP) and business requirements, shall be exclusive responsibility of the Service Provider.
12. Special tools/instruments if required for the maintenance/ checking the parameters shall be arranged by the Service Provider.
13. All faults that have been identified would need to be isolated and rectified appropriately by the Service Provider. The Root Cause Analysis report prepared by the Service Provider, shall include resolution measures undertaken by the Service Provider and results produced accordingly.
14. The Service Provider shall maintain sufficient spares inventory for maintenance at their own cost.
15. The Service Provider shall adhere to environmental Health and Safety Practices.
16. The Service Provider shall fulfil the shift requirements as specified by the Buyer.
17. The Service Provider shall ensure that the persons deployed have the requisite knowledge/qualification/ experience required for carrying out the job as defined by the Buyer.
18. The Service Provider shall provide all the relevant computing, and communications devices like desktop, Laptop, printer, Mobile, payment/recharge of helpdesk phone etc. to the deputed onsite resources for execute the assigned work.
19. The Service Provider shall supply to the Buyer 7days prior to the effective date of commencement of works/services or kick-off meeting whichever is earlier, a Team organogram showing the proposed organization/manpower to be established by the Service Provider for the execution of the work/facilities including the identities and CurriculumVitae (CV) of the key personnel to be deployed. The Service Provider shall promptly inform the Buyer in writing of any revision or alteration of such team organization charts.
20. The Service Provider will extend full co-operation to Buyer’s representative in the manner required by them for supervision/inspection/observation of the data centre facilities, equipment/material, procedures, performance, reports, and records pertaining to the works.
21. The Service Provider shall have complete charge of its personnel engaged in the performance of the works and to ensure internal discipline, compliance with rules, regulations and safety practices. The Service Provider shall also co-ordinate and co-operate with the other Service Providers / Vendors/Consultants / other agencies of the Buyer working at the Site/offsite for activities related to the said service under this contract.
22. The Service Provider shall be exclusively responsible for the deployment, transportation, accommodation, and other requirements of all its employees required for the execution of the work and for all costs/charges in connection thereof.
23. The Service Provider shall maintain backup personnel and shall promptly provide replacement of respective person of equivalent or higher qualification, if removed from the service.
24. The Service Provider shall not carry and/or transmit any material, information, layouts, diagrams, storage media or any other goods/material in physical or electronic form, which are proprietary to or owned by the Buyer, out of the data centre premises without prior written permission from the Buyer.
25. The Service Provider and their personnel/representative shall not alter / change / replace any hardware component proprietary to the Buyer and/or under warranty etc without the prior consent of the Buyer.
26. The Service Provider and their personnel/representative shall not, without consent of the Buyer, install any hardware or software in the data centre.
27. The Service Provider should maintain a register with the number/s of equipment along with details of rooms/locations where these devices/equipment’s are installed. If there is shifting of the equipment/s under this Contract, the Service Provider will have to make changes in the record accordingly.
28. Proper record of the complaints should be maintained by the Service Provider at each location/site. The Service Provider is required to maintain the log sheet which will include the number of services provided during the contract period with dates and part of the equipment that got repaired or replaced, with its proper model number and necessary details. On request of the Buyer, Service Provider shall provide monthly/quarterly call logged and resolution data in pdf/excel format or as appropriate.
29. The Service Provider shall be exclusively responsible for any injury to their engineer/technician/workmen/other persons engaged in the operation and maintenanceor damage to Buyer’s property/premises which may arise during maintenance/servicing of integrated security and surveillance system.
30. The Service Provider shall provide the identification cards (ID Cards) etc. to the engineer/technician for attending to the operation and maintenance work at Buyers designated sites.
31. The Service Provider shall at all times ensure that the services being provided under this Contract/ Agreement are performed strictly in accordance with all applicable laws, orders, bye-laws, regulations, notifications, guidelines, rules, standards, recommended practices etc, and no liability in this regard will be attached to the Buyer.
32. The Service Provider shall be fully responsible for the acts of their representatives / consultants/ team members/ employees and shall fully indemnify the Buyer for any kind of losses or damages caused by its employees/ team members/ consultants/representatives.
33. The Service Provider shall be liable for any and all losses of any nature whatsoever arisen directly or indirectly by negligence, dishonest, criminal or fraudulent act of any of the representatives and employees of the Service Provider while providing the services and the Buyer shall not be liable on any such account.
34. The Service provider will ensure strict compliance of all labour laws pertaining to the personnel/ staff deployed and the Buyer will not be liable for any kind of levies / penalties etc. by the authorities concerned. In the event of any demand served on the Buyer by any of the authorities in this regard, the Buyer will be entitled to recover any such amounts from the bills / amount payable to the Service Provider or from the performance guarantee or from the assets of the Service Provider available in the Buyer’s premises.
35. The Service Provider shall not be allowed to transfer, assign, pledge or subcontract its rights and liabilities under this Agreement to any other agency or organization by whatever name be called without the prior written consent of the Buyer
36. Protection, Handling, and Storage of Data
a) The Service Provider shall process and store the data as per the instructions of the Buyer (which may be specific instructions or instructions of a general nature).
b) The Service Provider shall comply with all the applicable laws orders, by-laws, regulations, rules, standards, recommended practices, etc with respect to data protection, storage, and handling.
c) The Service provider shall be responsible to ensure compliance with the Information Technology Act, 2000 (as amended from time to time) and the rules framed there under particularly the Information Technology (Reasonable security practices and procedures & sensitive personal data or information) Rules 2011.
d) The Service Provider shall process and store the Data only to the extent, and in such manner as is necessary for the discharge of the service provider’s obligations under the contract or as is required by Law or any Regulatory Body or as per any directions of the Court.
e) The Service Provider shall implement appropriate technical and organizational measures to protect data against unauthorized or unlawful Processing and accidental loss, destruction, damage, alteration, or disclosure
f) The Service Provider shall take reasonable steps to ensure the reliability of its staff and agents who may have access to the Data and enter into necessary Non-Disclosure Agreements with them in order to ensure that the data is adequately protected.
g) The Service Provider shall not cause or permit the Data to be transferred, stored, accessed, viewed, or processed outside of India without the prior written consent of the Buyer. This shall be applicable during the contract period and indefinitely after the expiry of the contract.
h) The Service Provider will treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/ Agreement, in strict confidence, and will not reveal such information to any other party without the prior written approval of the Buyer.
5.3 Standard Terms and Condition
1. Response Time: Ordinarily a complaint must be attended by the Service Provider within 3 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 7 hours of lodging. In case the system is not repaired, or an alternative system is not supplied within the period of 24 hours from the time of failure reported, then the Buyer may choose to get the same repaired by or replaced from any other agency and the cost and expenditure incurred therein shall be recoverable from the Service Provider.
2. System Uptime: Service Provider shall ensure that system is maintained timely and in case of any reported fault, shall be repaired without any delay. The total uptime of the equipment should be 99.99% of the period covered in the O&M.
3. The contract extends only to issues arising out of normal functioning of equipment and the contract does not cover break down arising out of damages caused due to fire, theft, riots, accidents, earthquakes, storm, and other natural calamities.
4. The operation and maintenance/ repair shall be carried out by the Service Provider primarily at the data centre as specified in the contract, during office hours. In case, the Service Provider feels that the equipment cannot be repaired at site, they should carry and deliver the equipment back at their own cost and risk to get it repaired promptly. While taking out the equipment, Gate pass, if applicable, to be obtained from the Buyer.
5. The Service Provider should provide the following self-certification at the start of the Contract. This is to certify that the hardware and software being offered, as part of the Contract, does not contain embedded malicious code that would activate procedures to
⦁ Inhibit the desires and designed function of the equipment.
⦁ Cause physical damage to the user or equipment during the exploitation.
⦁ Tap information resident or transient in the equipment/network.
⦁ The firm will be considered to be in breach of the procurement contract, in case physical damage, loss of information or infringements related to copyright and Intellectual Property Right (IPRs) are caused due to activation of any such malicious code in embedded software.
6. In case of delay in attending to issues in the system or breakdown of systems due to improper handling by Service Provider personnel etc, suitable deductions for violation of SLA shall be levied as indicated in the SLA & Deduction Clauses.
7. Manpower Requirement:
The Service Provider shall be deployed the required manpower at the Buyer site for the O&M of data centre. The Service Provider shall upload the manpower deployment as prescribed by the Buyer.
5.4 Additional Terms and Conditions (ATC)
1. The Operational Support for 2-3 years shall be for the entire components / items / infrastructure of DC under the bid document / Contract including the Support personnel deployed for the project. The Service Provider should ensure that Manpower resources required for Operations and Maintenance of data centre project should comply as per the bid document submitted by the Buyer. In case there are changes in technology, (such as addition or Up-gradation of Hardware, Software, Tools, equipment, active or passive) the Service Provider needs to provide the resources with suitable technical competencies in line with project requirements without any additional charges as and when required.
2. Operational expenses during operation phase (such as Diesel consumption (by DG-Set), etc.) will be paid by the Buyer to the Service Provider as per the actual usage/ consumption as per the prevailing market price. The Service Provider shall integrate the energy meter (for electricity) as well as diesel consumption reading of DG Set with the BMS infrastructure for ensuring automatic information update regarding actual consumption/usage.
3. Asset tagging (Labelling / Bar coding /as defined by the Buyer). The Service Provider shall arrange to print the asset tags in Buyer prescribed format and fix the tags on his own. Format of the Labels will be provided by Buyer. No separate cost will be reimbursed for the same.
4. In the event of shifting/ collocation of Data Centre and/or Disaster Recovery (DR)site by Buyer, the service provider would be required to relocate existing resource or deploy additional resources at the new site as per the requirements. Service provider will also be required to ensure de-installation of all the hardware, supervise packing/ transportation and installation/ commissioning of equipment at new location. No extra cost will be borne by Buyer for the same. However, packing and transportation will be arranged by Buyer separately.
5. If required by the Buyer, employees of the Service Provider may be required to sign a Non-disclosure Agreement/Integrity Pact.
6. Payment Schedule
⦁ The Payment procedure shall be in as specified in the General Terms and Conditions (GTC) of GeM unless any other payment procedure is specified by the Buyer in the bid document/ ATC.
⦁ The Service Provider will quote the cost for entire contract duration with component-wise break-up in the financial upload document uploaded by the Buyer.
7. SLA Breach andDeductions
A. Service Levels-IT Infrastructure
S. No |
Description of default |
Target |
Deductions in case of SLA breach |
1. |
Server and Storage Availability (including the OS and database running on it) |
99.99% |
99.95 to 99.80–0.05% of contract value (Down for >15&<20 Mins, on Monthly measurement Interval based on DC audit report) 99.75 to 99.65–0.1% of contract value(Down for >21&<30 Mins, on Monthly measurement Interval based on DC audit report). 99.60 to 99.55–0.2% of contract value(Down for >31 Mins, on Monthly measurement Interval based on DC audit report) |
2. |
Network equipment Availability |
99.98% |
99.95 to 99.80–0.05% of contract value (Down for >15 &<20 Mins, on Monthly measurement Interval based on DC audit report) 99.75 to 99.65–0.1% of contract value (Down for >21 &<30 Mins, on Monthly measurement Interval based on DC audit report) 99.60 to 99.55–0.15% of contract value (Down for >31 Mins, on Monthly measurement Interval based on DC audit report) |
3. |
Security Infrastructure |
99.95% |
99.92 to 99.80–0.05% of contract value (Down for >15 &<20 Mins, on Monthly measurement Interval based on DC audit report) 99.75 to 99.65–0.1% of contract value (Down for >21 &<30 Mins, on Monthly measurement Interval based on DC audit report) 99.60 to 99.55–0.15% of contract value (Down for >31 Mins, on Monthly measurement Interval based on DC audit report) |
4. |
Power Availability (DG, KVA UPS) |
99.90% |
99.85 to 99.80–0.05% of contract value (Down for >15 &<20 Mins, on Monthly measurement Interval based on DC audit report) 99.75 to 99.65–0.1% of contract value (Down for >21 &<30 Mins, on Monthly measurement Interval based on DC audit report) 99.60 to 99.55–0.15% of contract value (Down for >31 Mins, on Monthly measurement Interval based on DC audit report) |
5. |
Rack Temperature (PAC)
|
Temperature 20 ± 2° Centigrade at all times. |
For each component 23-24 –0.05% of contract value 22-23 –0.1% of contract value 18-17 –0.15% of contract value 17-16 –0.2% of contract value |
6. |
Surveillance System |
99.95% |
99.92 to 99.80–0.05% of contract value (Down for >15 &<20 Mins, on Monthly measurement Interval based on DC audit report) 99.75 to 99.65–0.1% of contract value (Down for >21 &<30 Mins, on Monthly measurement Interval based on DC audit report) 99.60 to 99.55–0.15% of contract value (Down for >31 Mins, on Monthly measurement Interval based on DC audit report) |
7. |
Helpdesk |
Average Resolution time of all calls within 30 minutes. |
If resolution time for each call exceeding 60 min then there will be additional charge of 0.01% on each exceeded call.
|
8. |
Average Resolution Time more than 30 minutes for all types of calls. |
30 min-35 min = 1% of contract value on Monthly measurement Interval based on DC audit report 35 min-40 min = 2% of contract value on Monthly measurement Interval based on DC audit report > 40 min=3% of contract value on Monthly measurement Interval based on DC audit report If resolution time for each call exceeding 60 min then there will be additional charge of 0.01% on each exceeded call. |
|
9. |
Submission of MIS /Reports |
Report for the previous month shall be submitted by the 3rd of the next month |
For a delay of each one day, a penalty of 0.05% shall be charged. |
10. |
Inventory Maintenance |
100% as per the inventory log committed and maintained |
The Service Provider shall be responsible for any mismatch. The Buyer has to define the deductions as per the requirement. |
B. General Service Levels
S. No |
Description of default |
Deductions |
1. |
Delay in commencement of work |
Every week of delay from the schedule date of commencement of work will attract a deduction of 0.05% of Contract value |
2. |
Delay in carrying out Preventive maintenance as per schedule |
To be carried out as per intervals applicable and defined by the Buyer 1st Instance – Deduction of 0.05% of the Contract value 2nd Instance – Deduction of 0.1% of the Contract value 3rd Instance onwards – Deduction of 0.2% of the Contract value |
3. |
Delay in carrying out repairs where no spare part change is involved |
Within 24 hours of reporting or as defined by the buyer, beyond that: 1st Instance – Deduction of 0.05% of the Contract value 2nd Instance – Deduction of 0.1% of the Contract value 3rd Instance onwards – Deduction of 0.2% of the Contract value |
4. |
Delay in carrying out repair where change of spare part is involved |
Should be resolved within 7 hours of reporting or as defined by the buyer, beyond that: 1st Instance – Deduction of 0.05% of the Contract value 2nd Instance – Deduction of 0.1% of the Contract value 3rd Instance onwards – Deduction of 0.2% of the Contract value |
5. |
Breakdown of systems due to improper handling of system |
Should be resolved within 7 hours of reporting or downtime as defined by the Buyer. In case of breach, the deductions shall be defined by the Buyer |
6. |
If the employee/ manpower of the Service Provider is absent or takes leave for more than two (2) days without informing or taking prior approval of the Buyer |
Substitute within 7 days failing which, deduction of 0.05 % per day of the Contract value of the absent resources up to 15 days. Beyond fifteen 15 days, deduction of 0.1% per day of the Contract value |
7. |
If an employee of the Service Provider is found responsible for misconduct/disobedience or has misbehaved in any manner or resorted to any violent behaviour etc. with the employees of Buyer organisation or other employees of Service Provider |
1st Instance – Deduction of 0.05% of the Contract value and replacement of resource 2nd Instance – Deduction of 0.1% of the Contract value and replacement of resource 3rd Instance onwards – Deduction of 0.2% of the Contract value and replacement of resource
|
8. |
Consumables/spare parts supplied for use during the Contract are not as per buyer’s specification (if applicable) |
Apart from immediate replacement of such consumables/spare parts following deduction: 1st Instance – Deduction of 0.05% of the Contract value 2nd Instance – Deduction of 0.1% of the Contract value 3rd Instance onwards – Deduction of 0.15% of the Contract value |
9. |
If cumulative deduction reaches 10% of the Contract value |
Termination of Contract as per the discretion of the Buyer |