SPECIAL TERMS AND CONDITIONS

FOR

HIRING OF AGENCY FOR ISO CERTIFICATION SERVICE

1. Preamble

All the Hiring of agency for ISO Certification Service        contracts   placed through GeM shall be governed by following set of Terms and Conditions:

• General terms and conditions for Goods and Services.
• Service STC contained in this document.
• BID / Reverse Auction specific ATC
• The above terms and conditions are in reverse order of precedence i.e.ATC shall supersede the Service specific STC which shall supersede GTC, in case of any conflicting provisions.
• This document represents 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 contractual terms and conditions are in place to ensure consistent delivery of services to buyer by service provider. The goals of this agreement are 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

The 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 with this agreement are:

  a. Buyer: Buyer is responsible to provide clear instructions,         approvals and timely payments for the services availed

   b. Service Provider: Service provider is responsible to       provide all the required services in timely manner. 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   agreement

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.

4. Service Scope

ISO certification is a seal of approval from a third-party Certifying authority that a company runs as per the international standards developed and published by the International Organization for Standardization (ISO). The ISO are an independent, non-governmental international organization which  brings together experts to share knowledge and develop international standards that support innovation and provide solutions to global challenges. Few of the benefits of ISO standards are increased efficiency, improved customer satisfaction, reduce costs, reduce risks etc.

Under this service, Hiring of Agency for ISO Certification, buyers can hire/bring-on board service providers or agencies to help get certified for different types of ISO certifications.

1. Consulting Services - Refining, improving, and developing systems and processes of the Buyer organization to get ISO certification.
   • Service provider to prepare new guidelines, procedures, policies and other related documents.
   • Gas Assessment of the systems and recommend solutions to address these gapswith regard to ISO standards
   • Reporting and monitoring of the existing systems
   • Process implementation
2. Initial Audit - conducting internal audit for ISO certification – stage 1 and stage 2 audit

• Accreditation for certificate – service provider to support buyer to get the ISO certificate after providing consulting and auditing services

       3. Surveillance Audit – conduct auditinorderto ensure               that ISO quality standards are being maintained by the               buyer organization. It is conducted from time to time                  during  the validity of certification.

The buyer can further detail out the scope of work as per his specific requirements.

5.  Terms and Conditions –

• Buyer’s Obligation

1. The Buyer shall assign an officer who shall coordinate with the service provider to ensure the availability of officers and resources for smooth completion of the assignment / scope of work.
2. 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’s Obligation

1. The service provider shall perform the Services and carry out the obligations with due diligence, efficiency, and economy in accordance with generally acceptedprofessional standards and practices
2. Except as provided the service provider must not disclose, divulge or make public or shall personally, use for his gain any of the materials, processes, accounts, transactions dealings, and information etc. without the prior written consent of the buyer
3. The selected service provider shall not engage in activities that conflict with
   1. interest of the buyer under the assignment and they would not engage in
   2. any contract that would be in conflict of interest with their current obligations.
4. All activities required for certification shall be completed within the time defined by the buyer
5. The Buyer reserves the right to extend the contract for any period from the date of certification and acceptance of the same by the Service Provider.
6. If required by the Buyer, the service provider shall provide suitable office space and other support services such as training hall, LCD projector, Computer, White board etc. as per availability for the team of service providers during the period of service at no extra cost to the Buyer.
7. If required by the buyer, the service provider must provide copies of the CV along with qualification and experience certificates of the consultants, to be deputed for this scope of work and the same should be submitted duly signed by the concerned personnel within 15 days from the placement of buyer for approval.
8. The Service provider shall ensure that there is no loss or damage to the property of the buyer while executing the Contract.In case, it is found that there is any such loss/damage due to direct negligence/non-performance of duty by any personnel, the amount of loss/damage so fixed by buyer shall be recovered from the service Provider
9. Should buyer feel that the conduct/ performance of any of service provider / consultant's personnel is detrimental to buyers’ interest, buyer shall have the right to request for the removal of such personnel for incompetence, unreliability, mis behaviour or security reasons, etc. while on or off the job. The service provider shall comply with any such request to remove such personnel at service provider/consultant's expense unconditionally. The service provider / consultant will be allowed a maximum of 7 working days to replace the personnel by a competent qualified personnel at service provider / consultant’s cost.
10. In case of replacement of any personnel, the service provider should deploy personnel having requisite experience, only after obtaining approval of the buyer. In case performance is not found satisfactory, then the service provider should replace the team member.
11. The buyer will not be liable for any injury or damage to personnel deployed by the service provider and any such happening will be entirely the responsibility of the service provider.
12. . 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, rules, standards, recommended practices etc, and no liability in this regard will be attached to the Buyer.
13. The Service Provider shall be fully responsible for the acts of their representatives / consultants/ team members and shall fully indemnify the Buyer for any kind of losses or damages caused by its team members/ consultants. The Buyer shall not be responsible for any claim from any consultant / team member employed by the Service Provider. The Service Provider shall wholly and fully be responsible for any such claims.

6. Payment Terms

i.The Payment Procedure shall be as specified in the General Terms and Conditions of GeM and the Payment Schedule will be as defined by the buyer.

ii.The payment will be made to the service provider as defined by the buyer on submission of the bill by the service provider and after deducting Liquidated Damages  amount, if any.

7. Formula Used –

Total Price = A

Where,

A = Lump-sum Price Quoted by the service provider for getting ISO certification service (to be quoted by the service provider)

8. Breach of Contract and Deductions

(i) Breach of SLA is defined as performance lower than requisite performance in this agreement.

(ii) Deductions  will be made on the invoices submitted by the service provider, for the violation of Service Level Agreement of the contract as mentioned below:

9. Additional Terms and Conditions

These Additional Terms and Conditions may be applicable on the Service Provider, if the Buyer so informs to the Service Provider

1. Service provider shall be entitled to automatic extension of time for completion of any part of the consultancy scope, if delay, impediment or prevention caused is attributable to the buyer provided the service provider notifies the buyer in writing in this regard within 10 days of occurrence of such impediments and the buyer is satisfied with the request of the consultant/ service provider.
2. The insurance of the person deployed by the service provider shall be the sole responsibility of the service provider. In case of any emergency, the medical facilities available at the site would be provided as immediate relief; however, in case detailed medical attention is required for the team members of the service provider, the same will be the responsibility of the service provider alone.