SPECIAL TERMS AND CONDITIONS (STC) FOR

ANNUAL MAINTENANCE CONTRACT- AMC SERVICE OF EPABX- SYSTEM

All Annual Maintenance Contract (AMC) of EPABX - SYSTEM placed through GeM shall be governed by the following set of Terms and Conditions:

(i)  General terms and conditions for Goods and Services;

(ii) The Special Terms and Conditions (STC) in this document;

(iii)    Product Specific STC of EPABX – SYSTEM as defined in Service Catalogue of the product which includes SLA for the Service for that particular product;

(iv)    BID / Reverse Auction specific ATC. 

2. Stakeholders

The Following are the stakeholders associated with this agreement:

• Annual Maintenance Service Provider
• Buyer / Consignee

The contract shall be on comprehensive basis, inclusive of repairs and replacement of spare without any extra payments. The AMC Service Provider shall carry out preventive maintenance Services (PMS) on quarterly / monthly basis as indicated in bid document and shall plan, as per schedule of quantities, such that maintenance is carried out at users/consignee location for all equipment at least once in once in a month / three months as needed by the buyer. If nothing indicated PMS will be done once in at three months during currency of the contract. A separate logbook should be maintained to record the preventive maintenance carried out for equipment. The AMC Service Provider must submit the preventive maintenance report along with satisfactory service report from the user to designated authority of buyer for record and SLA compliance. The scope of Annual Comprehensive Maintenance Service covers upkeep and 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 benchmarked maintenance practices / OEM manuals and to provide efficient engineering services in the user premises. Continuous efforts should be made by 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 and for this 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 AMC includes all parts of the equipment except battery of endpoint/phone 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)

Note : Buyer may use GeM portal to meet requirement of battery replacement as and when need arise.

 4. BUYER OBLIGATIONS:

4.1  Buyer should mention the correct model numbers of equipment / spare parts cat part id etc to the service provider for effective service rendering. The details shall include the EPABX – SYSTEM and OTHER ASSETS covered under the scope of The AMC service as integral part of the EPABX System .

4.2 Buyer shall nominate a Nodal officer/engineer in-charge from its organization to coordinate with Service Provider to facilitate proper co-ordination.

4.3 Buyer Department shall ensure that the Service Provider or its authorized personnel gets the required access to location/areas/rooms for providing the services as per contract.

4.4 The buyer specific instructions including specific activities/ work requirements related to the AMC of EPABX - SYSTEM shall be provided by the Buyer with approval of competent Authority at the time of bidding.

4.5 If needed complete layout of the site/location/building where EPABX - SYSTEMs are located/installed may be provided by the Buyer to Service Provider after placement of the contract to the successful bidder. 

4.6 Buyer shall make the payments on time as per the agreed time lines to the Service Provider. 

4.7 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."

5. Service Provider Obligations:

5.1. The Firm 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/place where they are placed/ located. If there is shifting of the equipment/s under this AMC, the SP (service provider / firm) will have to make changes in record accordingly. Designated nodal officer would assist the SP in this task and ensure this to be done under his supervision. 

5.2. 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.

5.3. Complaint can be registered either telephonically or by e-mail or in person at helpdesk set by SPA at user premises by the service provider Proper record of the complaints should be maintained by the AMC Service Provider /Support Engineer at each consignee location / user  premises.

5.4. The Service Provider should use suitable instruments / tools to examine and repair the equipment. The AMC Service Provider should have the required drivers / software for maintaining the PCs 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/ software and updating of drivers etc.

5.5. 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.

5.6. The Service Provider must fulfill the requirement of number of preventive maintenance services mention in the contract / e bid documents. 

5.7. 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.

6. Special Terms and Conditions : 

6.1  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.

6.2 The comprehensive maintenance includes preventive maintenance monthly / quarterly 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.

6.3 The user Departments shall indicate preferably the Equipment Name, Quantity, Location, Invoice Date, Brief Problem of Machine (if any), make & model to enable the service provider to prepare the maintenance work.

6.4 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.

6.5 Immediately on award of the service order, the service provider would give a report regarding taking over of the equipment. 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.

6.7 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

6.8 The annual maintenance shall be carried out primarily at the premises as specified in the work order, 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.

6.9 In case the Service Provider fails in adhering to the daily maintenance requirements, and Buyer must make alternative arrangements for the servicing/maintenance, then Service Provider would reimburse the cost of such arrangements.

6.10 The successful Service Provider, as per need and requirement of the Department, shall ensure appropriate deployment of the manpower.

6.11 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.

6.12 Preventive periodic maintenance report from the SP should be submitted to the nodal officer without fail.

6.13 Periodic/ Routine Maintenance shall be as per industry standard/ Maintenance manual of the EPABX - SYSTEMs. The parts/components/sub-assemblies used for repair/replacement by the Service Provider will be of the same make and functional capability as originally available in the system. 

 6.14 In case of delay in attending to problems, breakdown of EPABX - SYSTEMs due to improper handling by the Service Provider's personnel then penalties for violation of Service Level Agreement shall be levied as indicated in the Penalty Clauses.

6.15 After carrying out repair when required certificate regarding equipment working condition should be obtained from concerned Buyer/ Nodal Officer.

6.16 Service provider shall provide minimum warranty of 12 months for the replaced part from date of such replacement /repair.

6.17 The Service Provider will make sure that all the hardware assets are in working conditions in users’ premises. The Service Provider shall provide service support as and when required during the AMC period without any extra cost.  

In case the system is not repaired, or an alternative system not supplied within the period of 48 hours from the time of failure reported, then the first party 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.

 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 95% uptime

a.  The AMC contract is based on Unit rate per EPABX system per Annum (in Rs.)

b.  The payment will be made to AMC Service provider as indicated in bid document. If bid document is silent then Payment will be made on quarterly basis (if the services are satisfactory) on submission of invoice/ bill by the Service Provider on completion of each quarter after deducting penalty amount, if any.

c. 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.

10.  Penalties and Termination:

The Service Provider shall be responsible for faithful   compliance of the terms and conditions of this AMC. In case of noncompliance of Service obligations, penalty per default will be imposed as per SLA. Non delivery of service in time, not starting work in time, violation of existing laws and statutory requirements, committing fraud, etc. will be considered as a major default and the contract will be liable to be terminated immediately without giving any further notice.

Service Provider shall have the right to terminate the contract if the Buyer fails to make the payment on time i.e. payments to be made for the previous quarter before the due of next quarter. 

Penalty to be imposed if the resolution / maintenance involving part replacement is delayed above 48 hours. 

 If the Service Provider is  not able to complete or turn up for the calls, then Buyer   can avail the services from any other local service provider / local technician and the amount so incurred in such repair or replacement  can be deducted from the bill of Service Provider / from his due amount.

The cumulative penalty cannot exceed 10% of the contract value for that period. The AMC may be terminated by the Buyer once this limit is breached without any prejudice to other contractual remedy, if any.

Penalties

10. Service Formula

Rate per EPABX System per Annum (inclusive of all applicable taxes) × Quantity × Contract Period / 365