SERVICE LEVEL AGREEMENT (SLA)
FOR ANNUAL MAINTENANCE CONTRACT (AMC) OF INTEGRATED SECURITY AND SURVEILLANCE

1. Preamble

A. All Annual Maintenance Contract of Integrated Security and Surveillance 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:
I. Provide clear reference to service ownership, accountability, roles, and responsibilities of both parties.
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. 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.
IV. 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:
I. Buyer: The Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed as per the contractual terms
II. 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

The Service Provider shall be fully responsible for Annual Maintenance Contract for Integrated Security and Surveillance system. The Service Provider shall be required to keep all the covered integrated security systems and associated peripherals neat, tidy and under proper working order. 
This will also include all kind of breakdown maintenance and preventive maintenance for the Integrated Security and Surveillance system and all the critical systems covered under this AMC should provide for high availability and minimum downtime. 
The CAMC service will include the following activities: -
I. Maintenance of hardware/software and associated items specified in the Bill of Materials (BoM).
II. The software/license/up gradation etc shall be carried out from time to time.
III. On-site technical support within agreed time frame for hardware and software issue resolution, assisting in generating various reports from the system with 24*7 customer support.
IV. Routine examination and Preventive care as per agreed schedule.
V. Tuning of security surveillance cameras, sensors, fire alarm panels, communication systems etc.
VI. Data Backup and Data Discovery (as when required).
VII. Replacement of any damaged items, expired items including (hardware/software etc.) /end-of-life items and their spare parts as per scope of contract without any additional cost to the Buyer. The service /repair of equipment’s shall be carried out at the Original Equipment Manufacturer (OEM) authorized service centre and servicing related certificate to be issued in the name of Buyer.
VIII. Breakdown maintenance (as when required).
IX. Monthly maintenance/service report with all details to the Purchaser/Buyer.
The Non-comprehensive AMC includes maintenance of hardware/software/associated devices, on-site technical support with 24*7 customer care support, routine examination /preventive care/breakdown maintenance and data backup/data discovery as when required by the Buyer. The Service Provider shall be carried out the tuning of surveillance cameras, sensors, communication system etc. The Service Provider shall submit the monthly maintenance /service report to the Buyer.

5. Terms and Conditions

5.1 Buyer’s Obligations

I. The Buyer to provide equipment details which include make/model number, date of purchase, status of warranty etc and their locations. 
II. The Buyer will use uninterrupted power supply for ensuring stabilized power supply for entire operation of the system network. 
III. The Buyer would ensure that rats, insects etc do not invade the site and damage the systems especially cables etc. In case of any damage to the cables, unless specified by the Buyer as a requirement in the bid document, repair and maintenance related to cable related faults will be undertaken by the Buyer. 
IV. The Buyer shall raise complaints/breakdown calls either telephonically or by e-mail or in person at 24*7 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. 
V. Buyer shall specify whether the cost of consumables items shall be reimbursed by Service Provider or not. In case consumables are part of contract, that is, to be inclusive in contract cost, Buyer must include the details of consumables items in the bid. 
VI. Under Non-comprehensive AMC, the replacement cost of damaged/end of life equipment, defective parts/spare parts under this integrated security system shall be borne by the Buyer. 

VII. Buyer must ensure that the service provider complies with the Rule 144(xi) of General Financial Rules (GFR), 2017 and the product supplied, if any, must also comply with Make In India guidelines of DPIIT".

5.2 Service Provider’s Obligations

I. It shall be the responsibility of the Service Provider to make the system work satisfactorily throughout the AMC period, also to hand over the equipment’s to the Buyer department in working condition on expiry of the contract.
II. The Service Provider must provide escalation matrix of telephone numbers or 24*7 Customer Support for AMC Service Support. The Service Provider must accomplish timely maintenance of the hardware/software/associated devices issues reported.
III. The Service Provider should have adequate resources for providing offsite and onsite support to ensure immediate response and faster issue resolution.
IV. Wherever Service Providers are submitting the bid, OEM authorization certificate for relevant equipment’s as mentioned in the bid document, needs to be mandatorily uploaded by the Service Provider. 
V. The Service Provider is to ensure that only original part of same make-model/brand are used for replacement. In case of replacement of parts are not covered as per the package applicable, Service Provider shall ensure that rates charged are not more than respective item OEM rates.
VI. The Service Provider should maintain a register with number/s of equipment along with details of rooms/location where these devices/equipment’s are installed. If there is shifting of the equipment/s under this AMC, the Service Provider will have to make changes in record accordingly. 
VII. 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 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. On request of the Buyer, Service Provider shall provide monthly/quarterly call logged and resolution data on pdf/excel format.
VIII. The Service Provider shall be responsible for any injury to their engineer/technician/workmen/other persons engage in the AMC or damage to Buyer’s property/premises which may arise during maintenance/servicing of integrated security and surveillance System.
IX. The Service Provider shall not subcontract the contract with other vendor in whole or part to any entity for this AMC service without obtaining written consent of Buyer. 
X. The Service Provider shall be responsible for ensuring that the resources employed for carrying out the maintenance and repair of integrated security system, shall conduct themselves appropriately in the premises of the Buyer department. In case of any misconduct deductions  as indicated in the SLA shall be levied and Service Provider shall be required to terminate the resource with immediate effect.
XI. The Service Provider shall provide the identification cards (ID Cards) etc to the engineer/technician for attending to the AMC work at Buyers designated sites.
XII. 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.
XIII. The Service Provider shall be fully responsible for the acts of their employees/ agents/ representatives / consultants/ team members and shall fully indemnify the Buyer for any kind of losses or damages caused by its employees/ agents/ representatives/ team members/ consultants. The Buyer shall not be responsible for any claim from any employees/ agents/ representatives /consultant / team member employed or engaged by the Service Provider. The Service Provider shall wholly and fully be responsible for any such claims.
XIV. Protection, Handling and Storage of Data

o 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).
o The Service Provider shall comply with all the applicable laws orders, bye-laws, regulations, rules, standards, recommended practices etc with respect to data protection, storage and handling.
o 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.
o 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
o The Service Provider shall implement appropriate technical and organisational measures to protect Data against unauthorized or unlawful Processing and accidental loss, destruction, damage, alteration, or disclosure
o 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 agreements with them in order to ensure that the data is adequately protected.
o 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
o 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

I. Immediately on award of the contract, the Service Provider would give a report regarding taking over of the system to the Buyer department. 
II. Response Time: Ordinarily a complaint must be attended within 24 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 lodging. In case the system is not repaired, or an alternative system is not supplied within the period of 72 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.
III. System Uptime: Service Provider shall ensure that equipment(s) 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% of the period covered in the AMC.
IV. 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.
V. The maintenance/ repair shall be carried out primarily at the premises 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.
VI. 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.
VII. 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 service level agreements shall be levied as indicated in the SLA & Deduction Clauses.

5.4 Additional Terms and Conditions  

Additional Terms and Conditions would only be applicable in the event Buyer specifically notifies the same to the Service Provider.

I. One Time Verification & Correction Charges: The Service Provider shall inspect the one-time verification and correction of all the Hardware /Software/Network/associated peripherals before taking over the contract & submit detailed status, configuration & inspection reports to the Buyer. The respective reports shall be verified by respective site Buyer’s representative/officer.  
II. In case no such report is made available to Buyer’s representative by the Service Provider at the respective sites within a period of 15 days from the issue of contract, it will be presumed that all the Hardware /Software/Network/associated peripherals at the respective sites are working fine and shall deemed to be covered under the scope of the Contract from the date of signing the contract at respective sites. 
III. In case of non-operational Hardware/Software/Network/associated peripherals, identified during the initial inspection at respective sites, the Service Provider shall quote one-time lump-sum maintenance charges as "One Time Maintenance Charges" (OTMC) for making the identified faulty part(s) functional. 
IV. Subsequent to satisfactory repair and acceptance by the Buyer, the repaired part(s) shall be covered for AMC per unit rates agreed under the contract.
V. The Service Provider shall be deployed the required manpower at the Buyer site for the AMC of the integrated security surveillance system. The indicative format for the manpower deployment requirement is as follows:

VI. If required by the Buyer, employees of the Service Provider may be required to sign a Non-disclosure Agreement/Integrity Pact.

6.1 Payment Schedule

I. 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. 
II. The Service Provider will quote the cost for entire contract duration with individual component-wise break-up in the financial upload document uploaded by the Buyer. 
III. Sample format in which the Buyer will need to upload list of equipment’s is provided below. 

Payment Calculation would be as below :

Formula = Cost of the Contract*1

7. Service Level Agreements and Deductions