SERVICE STC

SPECIAL TERMS AND CONDITIONS

FOR INTEGRATED SECURITY SURVEILLANCE SYSTEM SERVICE

  1. Preamble

A. All Integrated Security Surveillance System 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.
II. Service STC contained in this document
III. BID / Reverse Auction specific ATC
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, stakeholders’ obligations and terms and conditions of all services covered as mutually understood by the stakeholders.

  1. 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.

  1. Stakeholders

The main stakeholders associated with this agreement 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 penalties in case of non-adherence to the defined terms and conditions.

  1. Service Scope

Security system integration means simply combining different security equipment to work together, achieving greater efficiency and safety. Commercial security systems must contain various components to be considered complete, such as burglar alarms, CCTV cameras, access control, movement sensors, video storage devices and many more. If these components are integrated to work together, they will communicate and share information with one another. This strengthens the entire system, rather than having each component operate independently, which would be inefficient. The ISSS service shall allow various service providers to provide their services to the buyers at their various sites on Rental basis i.e., a combination of OPEX and CAPEX model. It offers a secure environment for buyers with respect to the confidential documents and access to the premises. The specifications of products required for this service needs to be specified by the buyer in the bid document.

  1. Terms and Conditions

      • 5.1 Buyer’s Obligations
        1. Any equipment data/drawings and necessary work permits to access the buyers’ premises are to be provided by the buyer.
        2. The Officer-In-Charge nominated by the buyer organization shall look after general supervision and direction of the work. 
        3. The buyer is supposed to arrange for the required permissions for the survey that may be required by the service provider to quote the best possible rates.
        4. In the absence of any Standard/ Specification/Code of practice for detailed specifications covering any part of the work covered in this tender, the instructions/directions of the Officer-in- Charge will be binding on the contractor / service provider.
        5. 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."
        6. 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"
        7. In case a dedicated manpower is required, the Buyer must provide the requirement in the following format:

     

    Particulars

     

    (Manager/Shift Supervisor/Agent)

    Min. Qualification / Experience of Personnel

    Minimum Requirement of Manpower (Nos.)

    Specific experience

    Education

    (Graduate, Postgraduate)

    Experience

     

    (Number of Years)

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     Service Provider’s Obligations

      1. Necessary inspection shall be under scope of service provider.
      2. Before commencement of the job, the test and/or calibration procedures may need to be submitted to Officer-In-Charge or competent authority for approval. 
      3. Work shall be planned in such that there is no disruption to any power supply to the critical equipment.
      4. If any special equipment is provided by the buyer organization for performance of any job, the service provider shall be responsible for accounting of the same and returning the same before leaving site.                                                                                                            5.2 Standard Terms and Conditions

 The Service Provider must quote considering the location(s) and other accessories necessary for successful completion of the service.

  1. The Service Provider will be required to survey the workplaces and the office areas and identify strategic locations to place the said equipment / services so as to have maximum coverage of the workplaces and other locations which are required to be monitored. 
  2. The Service Provider shall follow the safety rules of the buyer’s organization. 
  3. The Service provider shall strictly comply with the industry standards for the proposed equipment’s.
  4. Selection of the equipment(s) should be suitable for prevailing environmental conditions at the site where solution is deployed.
  5. Based on the selection of equipment’s, the service provider must be authorised by OEM to provide support services for the products opted by the buyer and shall produce the certificate of authorization issued by the OEM in the name of the service provider.
  6. The Service Provider’s extent of responsibility shall also include carrying out complete application engineering so as to achieve the desired objectives with the stated performance requirement as well as the hardware and latest secured version of software, as necessary, to meet functional requirements of the buyer.
  7. The service provider shall install the agreed number of equipment’s within the agreed number of days of issuance of work order as per specifications. Inability to provide the services within the stipulated time shall attract deductions. The Service provider shall monitor and maintain the stated service levels to provide quality customer service to the buyer.
  8. All the components, which are part of the supplied system, shall be of reputed make with proven track record. The offered bill of material shall include make and model no. of each of the components. The buyer reserves the right to reject a particular make or model for any component.
  9. Service Provider must facilitate at least 4 hours of backup power supplies for all the equipment’s installed in case of power failure at the sites to ensure seamless surveillance.
  10. Service Provider must ensure all wirings are concealed and not accessible to an outsider.
  11. After installation and configuration of every subsystem, integrating various systems and providing various services, tests shall be conducted for system performance.
  12. Service Provider must submit all the test parameters, commitments etc with respect to the solution designed and provided to the buyer along with implementation plan, which shall be approved by the buyer. In the event, the test parameters, commitments are not submitted or not accepted explicitly in writing by the buyer, the Test parameters, commitments etc as decided by the buyer will be final and binding.
  13. Upon Self testing and Commissioning, the system shall be offered for inspection by the buyer.
  14. The Service Provider, along with the buyer shall prepare an inspection and acceptance schedule with details of each activity.
  15. Any financial loss due to mis happening / unwanted event at the site(s) that is not captured/detected, alerted by the solution or no suitable action is taken after alert generation would be passed on to the Service Provider and will be recovered from Service Provider.
  16. Any Delay / loss in transit of any equipment/accessories required for the implementation of the solution will not be the buyer’s responsibility unless otherwise required approvals are taken.
  17. In the event of vandalism, encroachment or law and order problems, the Service Provider will be fully responsible for controlling occurrence of such incidents and bear the deployment of additional manpower during the period of such crisis as the situation warrants.
  18. All the passwords and credentials used for the administrative or management purposes, should be shared and handed over properly to the buyer.
  19. The buyer may shift or renovate its premises during the contract period. In these cases, the Service Provider must shift/re-install the same/new equipment at the new/existing location. Service provider to bear the cost of such shifting and reinstallations. Site and Geography identification for installation of system would be done absolutely at the discretion of the buyer. De-installation / Dismantling of any equipment from the site will be done without any additional cost to the buyer.
  20. Training on the design and functioning, operational aspect and maintenance of the complete system should be imparted to the buyer.
  21. Service Provider should be able to provide 24 * 7* 365 days per year, online support facility.
  22. The selected Service provider should guarantee and ensure monthly uptime of 99% or above, of the facility and allied infrastructure, failing which the selected Service provider is liable for Liquidity Damages for downtime and failure incidents.
  23. Escalation process should be in place for unresolved issues.
  24. Support staff must be well trained to effectively handle queries raised by the Buyer (if any).
  25. If a dedicated manpower is deployer by the service provider, (s)he shall remain fully liable for the acts and omissions of its representatives. In the event that any of the representative(s) performing Services is unacceptable to buyer for any reason, Buyer reserves the right to notify the service provider in which case the service provider shall immediately remove such representative from performing services hereunder and make all efforts to provide qualified replacement at the earliest, ordinarily in about 5 days from the date of such notice. Service Provider shall ensure that such representative is capable of performing the services in accordance with the contract.
  26. The Service Provider shall not, without the Buyer’s prior written consent, make use of any document or information received from the Buyer except for purposes of performing the services and obligations under this Agreement.
  27. Buyer reserves the right to verify the product compliance as per instructions/orders issued by DPIIT vide Government Public Procurement Order No. P-45021/2/2017-BE-II dt. 15.06.2017, as amended from time to time and as applicable on the date of submission of bid or for repair/replacement of the product installed. In case of noncompliance, buyer may take necessary action.
  28. Buyer reserves the right to verify the product compliance as per instructions/orders issued by MHA’s Qualitative requirements specification Surveillance Equipment LIST, as amended from time to time and as applicable on the date of submission of bid or for repair/replacement of the product installed. In case of noncompliance, buyer may take necessary action.
  29. Buyer shall be responsible for ensuring the site readiness at the time of commencing the project. Any delay from buyer’s side shall not be attributed to the Service Provider when evaluating compliance with SLAs.

6. Payment Schedule

  1. The Payment Procedure shall be in as specified in the General Terms and Conditions of GeM.
  2. Payment schedule to be as per payment terms specified in bid document.
  3. Payment to be inclusive of travelling charges for site calibration/testing and boarding and lodging expenses unless specified otherwise by buyer in ATC section.

7. SLAs, Deductions and Termination

 

S No.

SLA

Deduction (in %age of contract value)

1.      

Team Mobilization and commencement of work

Delay beyond 7 calendar days but upto 15 days will attract a penalty of 0.5% of the contract value.

Delay beyond 15 days but upto 30 calendar days will attract a penalty of 0.6% of the contract value.

Delay beyond 30 days will attract a penalty of 0.7% of the contract value per week or may lead to Termination of the contract at the discretion of buyer.

2.      

Go-Live of the services - If Service Provider fails to perform any of the Services of the Contract within the time period specified in the bid, the buyer shall, without prejudice to its other remedies under the bid, deduct from, the pending bills/Performance Security, by way of associated   Liquidated damages

For 1 to 7 days of delay, LD would be levied @ 5% of value of the contract.

For 8 to 14 days of delay, LD would be levied @ 7% of value of the contract

For 15 to 30 days of delay, LD would be levied @ 10% of value of the contract

Beyond 30 days of delay, Security deposit will be forfeited and the buyer would be free to award remaining work to other party  at the cost of service provider.

3.      

Repair / replacement of Infrastructure equipment - Bidder should keep minimum 5% spare at any given point of project execution. Infrastructure equipment should be replaced or repaired after complaint logging from buyer officials.

For resolving a complaint in >1 to <=2 calendar days of logging complaint, Rs. 200 per day for each component

For resolving a complaint in more than 2calendar days of logging complaint, Rs. 500 per day for each component

4.      

If employee of _______ is found disclosing any confidential information document to the Service Provider/ any third parties

Termination of the contract, at the discretion of the Buyer with cancellation charges @ 2% of the order value along with recovery of losses caused (if any) and legal action against the Service Provider depending on the gravity of the act

5.      

If any problem, found with the instrument during contract period

To be calibrated free of cost

6.      

Failure to provide reports as per schedule/specifications

Every day of delay from the schedule date of commencement of work will attract a penalty of 0.1% of total contract value

7.      

Non-compliance to safety systems & procedures in force.

 

In addition to applicable legal penalties, the following will be applicable

1st Instance – 0.5% of the contract value

2nd Instance – 1% of the contract value

3rd Instance onwards – 2% of the contract value

8.      

Service Provider must ensure that the security compliance of the system should be 100% against successful hacking of any active component on the network by any unauthorized user or if any other privacy rule is broken as per Govt. of India guidelines

Any breach in the security shall call for the contract termination at the discretion of the Buyer

9.      

If cumulative penalties reach 10% of the contract value

Termination of contract at the discretion of Buyer