Agreement Overview

This Agreement represents a Service Level Agreement ("SLA" or "Agreement") between the buyer and IT Professional Services provider.

The purpose of this agreement is to facilitate implementation of Measures at the buyer'premises. The service provider would inspect, design, evaluate, implement, and provide training to the buyer for the selected services.

This Agreement outlines the scope of work, Stakeholder's obligation and general terms and conditions of all services covered as they are mutually understood by the stakeholders.

The Agreement remains valid until superseded by a revised agreement mutually endorsed by the stakeholders.

Stakeholders

The main stakeholders associated with this SLA are:

1. Service Provider(s)
2. Buyer
3. Paying Authority
4. Statutory/Compliance Authority

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. It is assumed that all stakeholders would have read and understood the same before signing the SLA.

Objective and Goals

The objective of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent delivery of service to buyer by service provider.

The goals of this Agreement are to:

• Provide clear reference to service ownership, accountability, roles and/or responsibilities
• Present a clear, concise and measurable description of service provision to the customer
• Establish Terms and Conditions for all the involved stakeholders
• To ensure that both the parties are understand the consequences in case of termination of services due to any of the stated reasons

The agreement can also be modified on the mutual agreement of all the involved stakeholders

Thus, the agreement will act as a reference document that both the parties have understood the aforementioned terms and conditions and have agreed to comply by the same.

Service Agreement

Service Scope

1. A Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired by the Buyer. The services shall be rendered on a monthly, quarterly and yearly basis, as per the requirements of the Buyer.
2. The services would be required for all the States and Union Territories of India. The service provider can select the States where he can provide services and in the same way the buyer can select the States where he requires the manpower.
3. Manpower1 would be required to provide their services in the following fields:

The below list of duties is only illustrative and not exhaustive. Buyer may add to the list, duties of similar nature ordinarily performed by officials at this level.

#	Role	Minimum Qualification & Experience
1	Project Manager	B.E/ B.Tech/MCA + MBA/PMP or equivalent certification 8+ Years of Total Experience, 2+ years of experience as a Project Manager,
2	Solution Architect	B.E/ B.Tech/MCA 2+ Years of Experience in Solution Design
3	Sr. Solution Architect	B.E/ B.Tech/MCA 8+ Years of Experience in Solution Design
4	Infrastructure Consultant	B.E/ B.Tech/MCA 5+ Years of Experience as a technical resource, for regular tasks during Design,Configuration, Installation, Setup, O&M of the DC and DR Solutions on a Cloud based platform
5	Network Support Engineer	B.E/ B.Tech/MCA 4+ Years of Experience in Network provisioning, configuration and management
6	Cloud Solution Specialist	B.E/ B.Tech/MCA 5+ Years of Experience in Cloud Solution Implementation, Management and Operations
7	Cyber Security Specialist	Experience Above 5 years Certificate CISSP, CISA, CISM, CRISC,CHFI, Specialized Product/domain certifications Experience previous experience in specialized services
8	Certified Ethical Hacker	Experience between 3 years and 5 years Certificate CEH,ISO 27001LA/LI,CCNA/CCNP, Associate of CISSP, CISA,CISM, Specialized Product certifications Experience Conduct of domain level assessment
9	Technology Consultant	Experience between 3 years and 5 years Certificate CEH,ISO 27001LA/LI,CCNA/CCNP, Associate of CISSP, CISA,CISM, Specialized Product certifications Experience Conduct of domain level assessment
10	Sr. Technology Consultant	Experience between 5 years and 7 years Certificate CEH,ISO 27001LA/LI,CCNA/CCNP, Associate of CISSP, CISA,CISM, Specialized Product certifications Experience Conduct of domain level assessment
11	Server Administrator	B.E/ B.Tech/MCA 4+ Years of Experience in Server Management
12	Sr. Server Administrator	B.E/ B.Tech/MCA 8+ Years of Experience in Server Management
13	B.E/ B.Tech/MCA 8+ Years of Experience in Server Management	B.E. Mechanical / Electrical / Civil 1+ Years of Experience in Data Centre Design and Implementation services
14	Civil works for Data Center	B.E. Mechanical / Electrical / Civil 3+ Years of Experience in Data Centre Design and Implementation services
15	Data Center Operation Manager	B.E. Mechanical / Electrical / Civil 3+ Years of Experience in Data Centre Design and Implementation services
16	Specialist-Power and Electrical for Data Center	Electrical for Data Center B.E. Mechanical / Electrical / Civil 6+ Years of Experience in Data Centre Design and Implementation services
17	Specialist-HVAC for Data Center	B.E. Mechanical / Electrical / Civil 3+ Years of Experience in Data Centre Design and Implementation services
18	Specialist-BMS for Data Center	B.E. Mechanical / Electrical / Civil 3+ Years of Experience in Data Centre Design and Implementation services
19	Network Operator	B.E/ B.Tech/MCA 3+ Years of Experience in Network provisioning, configuration and management
20	Service Desk / Help Desk Operator	Graduate 1+ Years of Experience in related field
21	System Administrator	B.E/ B.Tech/MCA 3+ Years of Experience in Syste Administration
22	Network Administrator	B.E/ B.Tech /MCA 3+ Years of Experience in Network Administration
23	Sr. System Administrator	B.E/ B.Tech/MCA 5+ Years of Experience in System Administration
24	Sr. Network Administrator	B.E/ B.Tech/MCA 5+ Years of Experience in Network Administration
25	Voice & Video Administrator	B.E/ B.Tech/MCA 2+ Years of Experience in the specified filed
26	Software Developer	B.E/ B.Tech/MCA 2+ Years of Experience in the software Development- C/Java/Oracle/Python
27	Sr. Software Developer/Trainer	Developer/Trainer B.E/ B.Tech/MCA 5+ Years of Experience in the software Development - C/Java/Oracle/Python
28	Database Administrator	B.E/ B.Tech/MCA 5+ Years of Experience in the related field
29	Technical Project Manager	B.E/ B.Tech(mandatory) + MBA preferred PMP or equivalent certification 8+ Years of Total Experience, 2+ years of experience as a Project Manager, 1+ in Cloud Services Project
30	Sr. Technical Project Manager	B.E/ B.Tech(mandatory) + MBA 12+ Years of Total Experience, 5+ years of experience as a Project Manager, 2+ in Technical Services Project
31	Quality Assurance Engineer- Hardware	B.E/ B.Tech 5+ Years of Experience in creating and implementing a detailed plan to ensure overall quality of all IT hardware products,services and systems.
32	Quality Assurance Engineer- Software	B.E/ B.Tech 5+ Years of Experience in creating and implementing a detailed plan to ensure overall quality of all IT software products,services and systems.
33	Quality Assurance Manager	B.E/ B.Tech + MBA preferred 10+ Years of Total Experience 3+ years of experience in creating and implementing a detailed plan to ensure overall quality of all IT products, services and system, 2+ as an Assurance Manager
34	Test Engineer	B.E/ B.Tech 2+ Years of Experience in the coordination and execution of test events in accordance with approved test plans, procedures and scripts
35	Sr. Test Engineer	B.E/ B.Tech 5+ Years of Experience in the coordination and execution of test events in accordance with approved test plans, procedures and scripts
36	Test Manager	B.E/ B.Tech+ MBA preferred 10+ Years of Total Experience 5+ Years of Experience in the coordination and execution of test events in accordance with approved test plans, procedures and scripts
37	IT Subject Matter Specialist	Bachelor's Degree 5+ years of experience in advanced technical knowledge and analysis of highly specialized applications and operational environment, high-level functional systems analysis, design, integration,documentation, training, and implementation advice on complex problems
38	Software Application Support	B.E/ B.Tech/MCA 01 Years of Experience in the software Application Development
39	System Software Support	B.E/ B.Tech/MCA 0-1 Years of Experience in the software Development
40	Mobile Application developers	B.E/ B.Tech/MCA 3+ Years of Experience in the Mobile App Development

4. It is the responsibility of the Service Provider to provide manpower for the above listed manpower.
5. The manpower has to be segregated as follows, based on their level of experience:

Experience Required/ Preferred
Minimum 2 Years
Minimum 3 Years
Minimum 4 Years
Minimum 5 Years
Minimum 6 Years
Minimum 8 Years
Minimum 10 Years

Terms and Conditions

Service Provider Obligations
1. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The bio-data, qualification and experience of the said manpower should be certified by the Service Provider.
2. The Service Provider shall ensure the following in respect of his employees-
3. The working hours and days of the outsourced employees will be as per the existing applicable rules of the respective Central/State Government organisations. However, they have to work on holidays, if necessary and required based on demand of work.
4. The attendance of the employees will be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's premises.
5. The Service Provider shall maintain confidentiality of the information received obtained or gathered by them during the process with the customer personnel or Vendors. A specific NonDisclosure agreement has to be signed in this regard.
Special Terms and Conditions
1. This should be read with GTC and Additional GTC of Services
2. In case the employee remains absent or takes leave for more than 2 days, a replacement shall be provided by the Service Provider so that the service is not hampered.
3. The Buyer or its representative shall have the right to inspect and/or to test the services/Solution/Technology to check their conformity to the contract specifications at no extra cost to the Buyer.
4. The Service Provider shall provide documentary proof for the qualifications and experience of the manpower provided by them. The Service Provider shall also certify the bio data, qualifications and experience of the manpower, ensuring they are as per the requirements of the Buyer.
Penalties and Termination

Penalties will be levied on the service provider for the violation of service level agreement of thecontract as mentioned below:

Major penalties:

The following incidents will be considered as major penalties and will attract immediate termination of the services and banning the service provider from participating on GeM port

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#	Major incidents
1	No mandatory valid license/registration of Service Provider with appropriate authority
2	If found transferring/subletting the service, partly of fully, to any other person/firm/ corporation whatsoever.
3	Non-compliance of applicable rules and regulation of Central / State Government
4	Three instances of cancellation of contract / non acceptance of the contract

Other penalties:

#	Service level agreement	Penalties for non-compliance
1	Non deployment of total manpower mentioned in the contract as per the date of joining	It will be treated as absenteeism and the same penaltyas Rs 1000 will be levied on the Service Provider per personnel per day
2	If the employee is found responsible for any theft, loss of material/ articles and damages	Immediate payment in actuals, equivalent to the value of the article theft/lost/damaged or replacement asdecided by the buyer depending on the gravity of the act.
3	If the employee is found responsible for disobedience/misconduct	Warning/counselling/Immediate replacement within 2 days or Rs 1000 fine to be levied as decided by the buyer depending on the gravity of the act
4	If the employee is absent or takes leave for more than 2 days without prior intimation to the Buyer Authority	Rs 1000 will be levied on the Service Provider as penalty per personnel per day
5	Confidentiality Breach or Sensitive Information Leaked	The Service Provider can be terminated from the contract with cancellation charges @ 10% as decided by the buyer depending on the gravity of the act.
6	Cumulative Penalty	Cumulative Penalty cannot exceed more than 10% of the total contract value.

Appendix A. - Appendices

Appendix: Eligibility Criterion for Service Provider

SR No.	Criteria	Basics for evaluation	Supporting Documents Required
1	Legal Entity	Valid Legal Entity	Certificate of Incorporation andArticles of Association of theParticipant in case of Company /Limited Liability Partnership Agreement in case of LLP
2	Certificates	Valid Service Tax, VAT, Income Tax and PAN no.	Valid Service Tax Registration Certificate VAT Certificate Income Tax Return for the last three Financial years
3	Average Annual Turnover during the last three financial years generated from AMC	The details have to be created in the biddable parameters by the GeM authority and the service provider have to fill up while offering the services.	Extract from Audited / Certified financial statements and balance sheets for the last three years as per financial year of participating Service Provider or certificate from Chartered Accountant and authorized signatory.
4	Number of Service Consultants or equivalent working in company	Service engineer experience has to be filled up in the parameters by the GeM authority.	Declaration as per HR head of the Service Provider.
5	Number of support technicians or Equivalent (B.E./B.Tech)/Diploma Certificate) working in the company	The requirements are specified for each service by the GeM authority.	Declaration as per HR head of the Service Provider.
6	Geographical presence of the firm/company	The requirements are specified for each service.	List of the service centers to be uploaded in the registration form in the GeM website by the service provider.
7	ISO Certificate	ISO 9001:2008 Certificate, ISO 27000	Copy of valid ISO certificates to be uploaded in the GeM website by Service Provider.
8	Service Provider should be an established experienced	The Bidder must have full cycle implementation experience of both the required creation & implementation of IT Professional Policy in at least one CPSE/ Government Organization in last three years(period ending Bid submissiondate) having executed: One similar completed work costing not less than the amount equal to 80% of the offered cost. Two similar completed work costing not less than the amount equal to 60% of the offered cost. Three similar completed work costing not less than the amount equal to 40% of the offered cost.	Completion certificates from the client or may be uploaded in the website by the service provider.
9	Location of service centers	While selecting the services,the user Departments may look for the availability of the service centers of the service providers at their location	The service providers have to offer the services where their service centers are available
10	Prior visit to user Department location before starting the service	The service provider may be allowed to visit the premises of user Department with prior appointment before starting the service for studying the locations, service requirements etc.	The service provider may visit the user Departments location for seeking any clarifications or the requirements for preparing various documentation, arranging spare parts or any other details
11	Risk mitigation	All the risk, service level agreements, penalty clauses have to be discussed well in advance before starting the services and to be incorporated in the service order	The service providers have to bring out the risk mitigation plan by bringing out the details of previous experiences so that such risk can be prevented.
12	Banning proceedings pending against the service provider	While creating the registration form for the service provider declarations on the nonexistence of any banning proceedings against the service providers have to be obtained through digitally signed