By Registered Post with Ack due:

TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED

From, To,
The Chief Engineer, M/s SISL Infotech Pvt Ltd.,
Transmission, 81/1, 2nd floor, Aurobindo
APTRANSCO, Vidyut Soudha, Tower, Sri Aurobindo marg,
Gunadala, Adhchini, New Delhi.
Vijayawada-520004

Contract Order P.O.No /CE/Tr/SE/Tr/EE/Tr/DEE-2/Tr/PO-756/2021,

D.No: 186/2021, dt.07.10.2021.
SAP P.O No. 1000002389
Sir,
Sub:-APTRANSCO-Tender Specification TRNS-e-10/2021- Providing of SAP
HANA Cloud Services to APTRANSCO - Detailed Contract Order –
Issued – Reg.
Ref:- 1. Specification No. TRNS-e-10/2021/CE/Transmission
2. Your Bid proposal against the Specification No.TRNS-e-10/2021
submitted on e- procurement platform.
3.LOI Lr.No.CE/tr/SE/Tr/EE/SS/DEE/SS/F.HR.T/D.No.154/21, Dt: 19-08-2021

********

I, acting for and on behalf of and by the order and direction of

the Transmission Corporation of Andhra Pradesh Limited (here in after
called as the APTRANSCO) here by place contract order for “Providing of
SAP HANA Cloud services to APTRANSCO” as per the terms and
conditions of Tender Specification No. TRNS-e-10/2021 and award the
contract for a total value of Rs. 4,66,07,140/- (Rupees Four crore sixty
six lakh seven thousand one hundred and forty only) including GST @
18% as detailed in the schedule of SAP HANA Cloud Services for a
period of Five years subject to the conditions set out in this order. This
order is in confirmation of the Letter of Intent issued vide reference (3).

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1. SCOPE OF CONTRACT:

This contract relates to “Providing of SAP HANA Cloud services

to APTRANSCO through Infrastructure as a Service, providing
Managed Services, ensuring periodic update, upgrade of OS,
Databases, SAP application and maintaining the SAP System for a
period of 5 years after Migration” as per the terms and conditions of
Tender specification No. TRNS-e-10/2021 read with this contract
order. The rates indicated in schedule of HANA Cloud services
appended to this order are for “Providing of HANA Cloud services to
APTRANSCO”. The Cloud Services to be provided by you shall be as
stipulated in the specification TRNS-e-10/2021 and Corrigendum
issued from time to time.

Data Center services are required for below mentioned

environments:

Development (DEV) – Dedicated VMs

Quality (QA) – Dedicated VMs

Production (PROD) – Dedicated VMs

The Scope includes the following:

A. Infrastructure Services

• Cloud Infrastructure Management

• Operating System Management
• Network & Firewall Management
• Hardware Operations
• Storage Management.
• Infrastructure integration
• Backup/Restore Management.

 Service Provider shall perform standard database

backups.
 Service Provider shall monitor backup processes and
performance of scheduled backups, schedule regular

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 testing of backups and ensure adherence to related
retention policies.
 Service Provider shall provide real-time monitoring,
log maintenance and reporting of backup status on
a regular basis to APTRANSCO.
 Backup frequency and retention policy adhered to as
per below Table-1 and backup of the Production and
Non-Production shall be replicated to an alternate
data center in a different location.

Backup frequency and Retention Policy (Table – 1)

System Environment Backup Type Retention Period

Daily full backup and

Production log file backup 30 days
as per SAP
Databas
product standard
e
Weekly full backup and
Non-
log file backup as per 14 days
Production
SAP product standard
Monthly full backup
Production and 2 months
File
SystM daily incremental
S Non- Monthly full backup
2 months
Production and daily incremental

B. SAP HANA Database Management

 Incident Management.
 Patch Management.
 Upgrade if it is required.

C. Core Technical System Operations

• System Setup
• Incident Management
• Event detection and notification ("monitoring")
• Problem Management
• Change Management
• SAP Security Management
• Release Management and SAP Technical Basis
Operations like monitoring, troubleshooting, etc.

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 D. SAP Managed Services

The delivery of MS shall be based on the complete availability

of the SAP HANA system for which MS is provided. The AP
Transco may request the MS Service Provider to deliver MS
via a proactive recurring service plan and/or via an MS
Request, as stipulated Clause No. (7)

2. SCHEDULE OF HANA CLOUD SERVICES AND PRICE:

Basic price
Name of the Offered Total Landed
Sl.No (excluding GST @18%
work Quantity Price
Taxes) in Rs.
in nos. in Rs.
In Rs.
Providing of
SAP HANA
7109563.68/
1 Cloud 1 3,94,97,576/- 4,66,07,140/-
-
services to
APTRANSCO
Total 3,94,97,576.00 7109563.68 4,66,07,140.00

Total contract value = Rs. 4,66,07,140.00 (Rupees Four Crore sixty six lakh
seven thousand one hundred forty only) for five years.

The Cloud Service provider shall deliver the services specified in the
scope of work of specification TRNS-e-10/2021.

3. System Availability:

The following table lists the System Availability applicable to

the Computing Environment. The Service Provider shall track
and report to AP Transco the achieved "System Availability" in
a monthly summary report. AP Transco will notify the Service
Provider of any claims for any Service debits after receipt of
the monthly System Availability report and will be adjusted in
the subsequent payments to the Service Provider.
The Service Provider shall confirm High Availability and
redundancy of data centers & uptime of hardware, databases
and SAP ERP Application.

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 Support Level for SAP cloud Computing Environment at
Primary Site
Environment Support Elements Support

Production SystMS Monthly Availability of SAP SystMS 99.5%

Non-Production 95.0%
Monthly Availability of SAP SystMS
SystMS

In case of non-compliance of the above indicator support

levels penalty as stipulated in Clause No. 21.2 of these
specifications will be levied.
These availability requirements are associated with non-
performance deduction so as to ensure the desired uptime
availability and delivery of service. These availability
requirements shall remain effective during the contract
period. The minimum availability of each VM with respect to
the hardware supplied shall be 99.5% measured on quarterly
basis. Penalty deduction for non-availability during this
period shall be calculated as per details given at Clause 21

Non-Compliance of service availability for four (4) consecutive

months:
In the event of the Service Provider fails to meet the
availability of services for production computing
environment as specified above for four (4) consecutive
months, AP Transco would have the right to terminate the
contract/order by providing Service Provider with 30 days
notice.

4. AP TRANSCO'S SAP ERP SYSTEM LANDSCAPE:

The sizing is enough for current & future requirement if there is

additional then we will process that as additional requirement with
change request and the following are some of the features of SAP
ERP Landscape in AP Transco.

a. SAP Suite on HANA Production, Quality & Development

Servers.
b. SAP ESS Portal & FLM Module for Document Management
System.
c. SAP HEC Solution Manager to be considered for
maintenance optimizer and Early Watch alert (EWA) reports.

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 d. SAP Process Integration with in-house IT Applications of AP
Transco.
e. Dashboard-related SAP BI/BOBJ Reports for MM, PM,
PS, SD, HCM & FICO Modules.

AP Transco's SAP ERP Landscape

Configuration Details
Solution System Type Storage: RAM
OS DB Instance Cores
Reserved Total
Version Version Type allocated
(GB) (GB)
HANA 2.0
SUSE Linux
12 SP4
SP4 HANA 1330 256 32
Development Revision 46
System SUSE Linux
12 SP4
NA ABAP 150 16 4
HANA 2.0
SUSE Linux
12 SP4
SP4 HANA 1338 256 32
Quality System Revision 46
SUSE Linux
12 SP4
NA ABAP 200 32 8
ECC 6.0
EHP8SP13 HANA 2.0
SUSE Linux
12 SP4
SP4 HANA 1330 512 64
Revision 46
HANA 2.0
SUSE Linux
12 SP4
SP4 HANA HA 1330 512 64
Production System Revision 46
SUSE Linux
12 SP4
NA ABAP 200 64 16
SUSE Linux
12 SP4
NA ABAP 200 64 16
HANA 2.0
SUSE Linux
12 SP4
SP4 HANA 450 256 32
Development Revision 46
System SUSE Linux
12 SP4
NA ABAP 100 16 4
HANA 2.0
SUSE Linux
12 SP4
SP4 HANA 450 256 32
Quality System Revision 46
BW(SAP
SUSE Linux
NetWeaver 12 SP4
NA ABAP 100 16 4
7.5 SP7)
HANA 2.0
SUSE Linux
12 SP4
SP4 HANA 520 256 32
Revision 46
HANA 2.0
Production System SUSE Linux
12 SP4
SP4 HANA HA 520 256 32
Revision 46
SUSE Linux
12 SP4
NA ABAP 100 64 16
Development SUSE Linux SAP ASE
System 12 SP4 16.02.06
ABAP 300 32 8
GRC (SAP
SUSE Linux SAP ASE
NetWeaver Quality System 12 SP4 16.02.06
ABAP 300 32 8
7.5 SP2)
SUSE Linux SAP ASE
Production System 12 SP4 16.02.06
ABAP 300 64 16
Development SUSE Linux SAP ASE
System 12 SP4 16.02.06
NetWeaver 300 32 8

SUSE Linux SAP ASE

EP 4.2 SP2 Quality System 12 SP4 16.02.06
NetWeaver 300 32 8

SUSE Linux SAP ASE

Production System 12 SP4 16.02.06
NetWeaver 300 64 16

Content Development SUSE Linux MAX DB

Server System 12 SP4 7.9.08.23
- 200 16 4

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 SUSE Linux MAX DB
Quality System 12 SP4 7.9.08.23
- 200 16 4

SUSE Linux MAX DB

Production System 12 SP4 7.9.08.23
- 200 32 8
Development SUSE Linux SAP ASE
System 12 SP4 16.02.06
- 300 32 8
SUSE Linux SAP ASE
Quality System 12 SP4 16.02.06
- 300 32 8
BOBJ 4.2
SP2 SUSE Linux SAP ASE
12 SP4 16.02.06
App DB 300 64 16
Production System
SUSE Linux
12 SP4
NA App1 40 64 16
Development SUSE Linux SAP ASE
System 12 SP4 16.02.06
NetWeaver 300 32 8
SUSE Linux SAP ASE
PO (SAP Quality System 12 SP4 16.02.06
NetWeaver 300 32 8
NetWeaver
SUSE Linux SAP ASE SYBASE
7.5 SP8)
12 SP4 16.02.06 DB
300 32 8
Production System
SUSE Linux
12 SP4
NA NetWeaver 100 16 4
Solution Production System SUSE Linux SAP ASE ABAP 500 32 8
Manager 12 SP5 16.03.09
7.5
Solution Production System SUSE Linux SAP ASE JAVA 500 32 8
Manager* 12 SP5 16.03.09 NetWeaver
7.5

Note: Existing Solution Manager should upgrade with latest version.

The Cloud services shall conform to the relevant standards and

Volume-I(Scope) of the specification No. TRNS-e-10/2021 and
corrigendum issued from time to time.

5. Initial Reaction Time (IRT)

The following Initial Reaction Time stipulations shall be

abided by for the different Priorities:

Initial Reaction Time Service Level

(IRT)
The incident with
20 minutes and problem determination
Priority Very High
action plan within 4hrs within agreed Service
(only applicable for PROD)
Hours
2 hours for PROD within agreed Service
The incident with
Hours
Priority High 4 hours for NON-PROD within agreed Service
Hours
The incident with Priority
Medium 4 hours within agreed Service Hours
The incident with Priority
Low 1 Business Day within agreed Service Hours

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 All the incidents in each quarter shall be attended properly
as per Initial reaction time (IRT) and closed with apt
solutions. Penalty as stipulated in clause No. 21.3 will be
levied for breach of initial reaction time (IRT).
6. SERVICE LEVELS:

SAP HANA Cloud - Service delivery, Initial Reaction Time for incident
Requests.
a SAP HANA CLOUD – Service Hours
Service Delivery : SystMS with PRD: 24 x 7
: SystMS with NON-PRD: 8.00 AM-6.00 PM
b. Initial Reaction Time for incident request

Incident Priority Initial Reaction Time

Priority Very High (Only applicable for PRD): 20 Min.
Priority High : 2 Hours
Priority Medium : 4 Hours
Priority Low :1Business Day Local
Time

7. SAP Managed Services (MS):

The Service Provider shall provide MS based on the MS

tasks shown below. The delivery of MS shall be based on the
complete availability of the SAP HANA system for which MS
is provided. The AP Transco may request the MS Service
Provider to deliver MS via a proactive recurring service plan
and/or via an MS Request, as described herein.

Proactive Recurring Services and MS Request

Management:

Proactive Recurring Service Plan:

 The Service provider shall provide MS as a proactive recurring
service, AP Transco and the Service provider shall agree on a
pre-defined service plan
 Defining tasks, efforts and frequency of execution.

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  The Service provider shall execute the agreed AP Transco's
specific service plan and provide MS to the AP Transco without
further triggering an MS Request or otherwise, by AP Transco.
Proactive Recurring Services may include but are not limited
to repetitive monitoring activities included in the SAP HANA
Standard Services (Proactive Event Management: monitoring
alerts, categorization of alerts according to criticality and
creation of incident tickets for critical alerts, taking corrective
actions by processing the incident tickets, proactive
adjustment to relevant parameter to avoid further issues and,
Ticket- based documentation and request involvement of
Product Support when necessary).

8. List of SAP Cloud Services items:

 Periodic backup of systMS and management of backup data.

 Includes providing of software licenses of OS (Operating
SystMS).
 Hosting the SAP SystMS within India Data Centres. No
Data or backup data is replicated to outside of India.
 Ensure up-to-date and compatible hardware infrastructure
for SAP Software.
 Ensuring periodic update, upgrade of OS, Databases
and SAP Application.
 Carrying out OS and Database Management including
parameter tuning.
 Carrying out Storage provisioning and Management.
 Ensuring periodic capacity management and performance
review of hosted Servers/SystMS.
 Start/Stop systMS as required by the System or customer.
 Responsible for incident processing and also provide
incident management support 24x7x365.
 Manage and implement security vulnerability and
security audit recommendations.
 Provide support for the system/client copy when
needed by the APTransco.
 Complete Restore & Recovery is the responsibility of the
Service Provider in the event of failure of the computing
environment.
 Generate EWA and take necessary action pertaining to OS,
Database and SAP BASIS.
 Monitor the System and its performance and provide a

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 report to APTransco.

9. GENERAL TERMS AND CONDITIONS

a) The team of the Service Provider should provide 24/7 support as per the
APTRANSCO Rules and Regulations.
b) The supporting team should maintain strict confidentiality of the
Departmental (AP Transco) issues and procedures.
c) The Service Provider does not have any right to the source code for the
developed/ maintained/customized software. The Source Code of all the
software lies strictly with the APTRANSCO.
d) In case of requirement of any technical support/know-how from SAP during
the process of rendering services stipulated in the specification, it shall be
entirely the responsibility of the service provider to obtain the same from SAP.
e) Except where otherwise agreed to in this detailed order, all the terms
and conditions stipulated in the Specification No. TRNS-e-10/2021 and
corrigendum issued from time to time is binding on you and these shall
form part of this contract.

10. STANDARD OF WORK:

The works i.e. providing SAP HANA Cloud services to be provided by

you under the contract shall be carried out in accordance with the Tender
Specification and the latest scientific and technical standards. Where the
work done or any part there of, does not, in the opinion of the concerned
APTRANSCO in-charge (which opinion shall be final), confirm to the
Specification or standards, the APTRANSCO may require the work to be
redone by you at no extra cost to the APTRANSCO or have it redone by
another agency at your cost and risk as per the undertaking given by you.

11. DEPLOYMENT OF HANA CLOUD SERVICES

Providing of the HANA Cloud services will be made available by you

shall be in accordance with the terms specified in the contract.

12. TERMS OF PAYMENT:

The payment will be made through bank under transfer procedure as per
the terms indicated below.

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12.1 APTRANSCO will arrange 100% payment on quarterly basis to the
SAP HANA Cloud service provider within 45 days to the bank account
of the service Provider. The service Provider will have to predefine the
Bank details while entering into contract. The service Provider will have
to predefine the Bank Account details after receipt of LOI and before
entering into contract for electronic transfer of payment.
12.2 The 100% payment mentioned above is subject to submission of
performance security by the service Provider. The bank charges will be
made to the account of the service Provider and charges will be
recovered from the bill amount per each disbursement on LOA raised
by unit offices.
12.3 The SAP HANA Cloud service (HEC) provider should invariably submit
reports and other documents, the APTRANSCO specifies as soon as the
HANA Cloud services are provided so that they can be checked and
approved well in advance.
12.4 The performance guarantee to be executed in accordance with this
specification will be furnished on a stamp paper of value Rs.100/-. The
Bank Guarantee shall be extended if required suitably in accordance
with the provisions of Clause No.16.
12.5 If the SAP HANA Cloud service provider has received any over
payments by mistake or if any amounts are due to the APTRANSCO
due to any other reason, when it is not possible to recover such
amounts under the contract resulting out of this specification, the
APTRANSCO reserves the right to collect the same from any other
amount and / or Bank Guarantees given by the company due to or
with the APTRANSCO.
12.6 When the SAP HANA Cloud service provider does not at any time,
fulfill his obligations in part or whole promptly to the satisfaction of
the APTRANSCO Officers, the APTRANSCO reserves the right not to
accept the bills against subsequent services made by the service
Provider and only the service Provider will be responsible for any
demurrages or damage occurring to the services so provided.

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12.7 The HANA Cloud service provider shall furnish Copies of the invoices
showing Contract No., Service description, quantity, unit price and total
amount in quadruplicate for arranging payment for the Cloud Services.

12.8 The payments against schedule of HANA Cloud Services are subject to
Performance Security with proper validity as on the date of Check
Measurement for proper fulfilment of performance obligations.

i) No payments will be made for the HANA Cloud Services provided prior to
scheduled delivery date or for the days of non-delivery of services out of
indicated against schedule of HANA Cloud services other than the
allowed period as per specification.

ii) For this purpose you shall submit quarterly bills to Chief IT & Data
Officer/APTRANSCO regularly to ensure payments in time.

iii) Bills submitted without supporting details will not be taken into
cognizance.

iv) Payments will be made by cheques / by way of Electronic Fund

Transfer/ RTGS from APTRANSCO. The Cloud Service provider has to
furnish requisite details for establishing RTGS in proforma. Once RTGS
system is established, the bank account details submitted are final and
cannot be changed till completion of the contract. An amount of Rs.
50/- will be recovered from the bill amount for each disbursement on
LOA raised by unit officers towards RTGS. For payments through Bank
the connected Bank charges are to be borne by the Cloud service
provider.

v) Bank account details for payment through RTGS system:

1. Name of the Bank : PUNJAB NATIONAL BANK

2. Name of the Branch : Civil Lines
3. Branch Code : 011500
4. City : DELHI-110006
5. Account No. : 0115008700002499

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 6. MICR No. : 110024009
7. IFSC No. : PUNB0011500
8. Income Tax PAN No. : AAECP4330R
9. GST No. : 07AAECP4330R1Z1
10. Date of GST/VAT Registration : 18/09/2017

13. PRICES

The rates for all the items of SAP HANA Cloud services covered in the
SCHEDULE of HANA Cloud services, shall be ‘Firm’ on all accounts such as
(i) Execution of contract beyond the scheduled completion period for
whatever reasons.

Prices charged by the Cloud provider for the services performed under
the Contract will not vary from the prices quoted by the HANA Cloud service
provider in its bid, with the exception of any price adjustment authorized in
the contract.

14. TAXES AND DUTIES DEDUCTABLE AT SOURCES:

As per provision of taxation act, necessary applicable taxes will be

deducted at source at all stages of payment on the bills and same will be
remitted to the concerned department as per the rules / acts of the State /
Central Government. However the deductions will be as per the rates
prevailing as on the date of billing.

a) The prices indicated in the schedule of HANA Cloud services are firm and
are inclusive of GST @18%.

b) The Cloud service provider shall be entirely responsible for payment of all
taxes, levies, duties, license fees, etc., incurred for providing SAP HANA
Cloud Services to the purchaser. In respect of Providing of SAP HANA
Cloud Services, the Service provider shall pay all types of fees, levies,
taxes, duties etc. required to be paid by any National or State statute,
ordinance or other law or any regulation or bye-law of any local or other
duly constituted authority in relation to the execution of works and by the

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 rules and regulations of all Public bodies and companies whose property
or rights are affected or may be affected in any way of the works.

c) The HANA Cloud service provider shall be in compliance with the above
and keep the Purchaser indemnified against all such penalties and
liability of every kind for breach of any statute, ordinance or law,
regulation or bye-law.

d) Nothing in the contract shall relieve the Cloud service provider from his
responsibility to pay any tax that may be levied by the Government on the
turnover/profits etc., made by him in respect of the contract.

15. INCOME TAX:

Income tax at applicable rates as on the date of release of payment will

be deducted from the gross bills as per the Income Tax Act.

16. PERFORMANCE SECURITY:

It is noted that you have submitted the performance security B.G for an
amount of Rs. 13,98,215.00 (Rupees Thirteen Lakh Ninety eight Thousand
Two Hundred and fifteen Rupees Only) vide BG No 01150ILG007121,
dt.27-08-2021 valid up to 30-11-2026 including claim period for proper
fulfilment of the contract, which will include the satisfactory execution period,
and completion of performance obligations including Warranty obligations.
The Performance Security will cover 60 days beyond the date of completion of
performance obligations including Warranty obligations.

16.1 In the event of any correction of HANA Cloud Services during the period
and the Performance Bank Guarantee for proportionate value shall be
extended 60 days over and above the extended warranty period.

16.2 The proceeds of the performance security will be payable to the

APTRANSCO as compensation or any loss resulting from the Cloud
service provider failure to complete its obligations under the Contract.

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16.3 The performance security will be discharged by the APTRANSCO and
returned to the Cloud service provider not later than sixty (60) days after
the expiry date.

16.4 In case where the performance security is not yet paid, the bid security
will be forfeited and the balance to makeup the performance security
deposit will be deducted from pending payments any due to the bidder
from APTRANSCO on other orders. In addition the company will also
become liable for black listed by APTRANSCO.

17. STATUTORY VARIATION

17.1 It is the responsibility of bidder to consider the correct rates of duties

and taxes leviable on the Work at the time of bidding. After considering
the correct rates of duties and taxes only the bidder shall quote the
percentage on ECV.

17.2 For schedule of the HANA Cloud services any variation up or down in
statutory levy or new levies introduced after Tender Floating date under
this specification will be to the account of APTRANSCO.

17.3 In case of the bought out items statutory variation will be applicable for
the taxes and duties involving direct transaction between the bidder and
APTRANSCO only and not for the taxes and duties between bidder and
his sub-vendors.

17.4 In cases where delivery schedule of HANA Cloud services is not adhered
to by the Cloud service provider and there are upward variation/ revision
after the agreed delivered date the Cloud service provider will bear the
impact of such levies and if there is down ward variation / revision the
APTRANSCO will be given credit to that effect. For the variations beyond
the scheduled completion period the payment of taxes shall be limited to
the tax rates applicable with in the scheduled completion period.

18. EXECUTION OF WORKS NOT COVERED BY THE CONTRACT:

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 In the course of the execution of works against the contract, if it
becomes necessary to execute items of work which are not covered either by
the Tender Specification or your offer or this detailed acceptance letter, such
works shall be carried out by you at the rates arrived as per clauses given
below. All such items of works shall, however, be executed only on the written
directions by this office.

19. SUPPLEMENTAL QUANTITIES / ITEMS:

The quantities indicated in the schedule of HANA Cloud Services and

scope of work defined in specification TRNS-e-10/2021 are only provisional
and are likely to change during actual execution. When quantities of any item
are likely to exceed beyond the scheduled quantity or any new items /
supplemental items arises, the Cloud service provider shall bring the fact to
the notice of competent authority i.e., Chief IT & Data Officer/APTransco well
in advance and take prior orders for going ahead with the work. Without
approval, the Cloud service provider shall not go ahead with the work
wherever there is increase in quantities beyond the scheduled quantities or
any new items/ supplemental items arises.

20. COMPLETION PERIOD:

The completion period of the subject work is as follows.

Sl.No Description Completion Completion

period
1 Providing of SAP HANA Cloud Five Years (60
Services to APTRANSCO. months)

The commencement date of the Project will be reckoned from the date of
handing over of site or from the date of start of contract at APTRANSCO site
whichever is later. Accordingly Chief IT & Data Officer /APTRANSCO who
is implementing the project will declare the date of commencement.

21. PENALTY FOR DELAY IN SERVICE:

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21.1 The completion period mentioned above is the essence of contract.
Penalty will be levied as follows for the delay in executing the works or
providing of HANA Cloud Services.

21.2 PENALTY FOR NON-ADHERENCE OF SYSTEM AVAILABILITY:

a) Violation of Monthly Availability of production SystMS:
2% of monthly Service Fees for each 0.1% below the System
Availability Service Level, not to exceed 5% of Monthly Service Fee.
b) Violation of Monthly Availability of Non-Production System
(Development & Quality):
2%of Monthly Service Fees for each 1% below the System Availability
Service Level, not to exceed 5% of Monthly Service Fees. For logging
calls, the process/ tool provided by the Service Provider shall be used.
21.3 PENALTY FOR NON-ADHERENCE OF IRT:
The timeframe mentioned vide point (XIII) i.e Initial Reaction Time (IRT)
under Scope of Work for each priority incident and solving the incidents
in the contract will be deemed to be the essence of the contract. Subject
to force majeure Clause, if the Successful Service Provider fails to
deliver the services within the period(s) specified in the contract, the
APTRANSCO will, without prejudice to its other remedies under the
contract, will levy penalties as mentioned below. However, all the
penalties indicated are at the discretion of the Chief IT & Data
Officer/Vidyut Soudha/APTransco.
(i) VM availability:

VM Availability target level –99.5%

% Availability of Applicable Penalty Applicable

each VM during Penalty in% on value of
each monthly
Less than99.5&>=99 2 Total Monthly
payment
Less than99 5 Total Monthly
payment

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 21.4 Once the maximum is reached, APTRANSCO may consider
termination of the contract. The right of the APTRANSCO to levy
penalty shall be without prejudice to its rights under the law
including the right to get the balance works executed by other
agencies at the risk and cost of the successful bidder.

This is in addition to the right of the APTRANSCO to recover any

damages from the Cloud service provider and also blacklisting.

21.5 The penalty specified above will be levied and would be adjusted against
subsequent pending bills.

22. PAYING OFFICER & CONSIGNEE:

The consignee will be Chief IT & Data Officer/APTransco. The

Agreement authority is the Chief IT& Data Officer/APTransco and the Paying
officer is the AO/CPR, Vidyut Soudha, Vijayawada.

23. QUALITY OF WORKS:

The HANA Cloud Services engaged under this contract by you shall
provide an IaaS (Infrastructure as a Service) with processing, storage,
networks, and other fundamental computing resources to deploy and run SAP
HANA ERP Solution as per specification TRNS-e-10/2021. You are
responsible for managing and controlling the underlying Cloud Infrastructure
including operating systMS, storage, network, security, etc. The deployed
applications (SAP HANA) and database shall be managed and controlled by
APTRANSCO or its authorized partner. You shall maintain strict
confidentiality of the Departmental issues and procedure.

24. TRANSITIONING/EXIT:

The APTRANSCO will have the right to terminate the SAP HANA cloud
service agreement at any point of time during the contract period with prior
notice of 3 (Three) months.

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 The Service Provider shall not delete any data at the end of the
agreement from the underlying CSP's Cloud environment (for a maximum of
45 days beyond the expiry of the Agreement) without the express approval of
APTRANSCO.
The underlying CSP shall be responsible for providing the tools for
import / export of VMs, associated content, data, etc., and the Managed
Service Provider, in consultation with APTRANSCO, shall be responsible for
preparation of the Exit Management Plan and carrying out the exit
management / transition related activities.
The Service Provider shall provide APTRANSCO or its nominated agency
with a recommended exit management plan ("Exit Management Plan") or
transition plan indicating the nature and scope of the underlying CSP's
transitioning services. The Exit Management Plan shall deal with the following
aspects of the exit management in relation to the Agreement as a whole or the
particular service of the Agreement.

25. AGREEMENT:

25.1 The Chief IT& Data Officer/APTRANSCO shall be the agreement

authority and the Cloud service provider shall attend the office of the
Chief IT & Data Officer/APTRANSCO within 15 days of this detailed
order to enter in to an agreement. The Chief IT & Data Officer
/APTRANSCO shall enter an agreement with the Cloud service provider
duly verifying the following.
i. The PAN card, GST registration, Labour license, to execute works in A.P
ii. Valid Performance Bank Guarantee.
iii. Authorization / power of attorney of the contractor/ Cloud service
provider representative to sign the agreement.

25.2 The following documents shall also be made part of the agreement.
i. The copy of the letter of intent.
ii. The copy of the Purchase order.
iii. The copy of the specification.
iv. Copy of the Performance Bank Guarantee and its approval.

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 v. Authorization/power of attorney of the Agency/ Cloud service
provider representative to sign the agreement.
vi. Copies of the statutory registrations of the Agency/ Cloud service
provider etc.,

26. EARLY WARNING:

The Cloud service provider has to intimate the APTRANSCO at the

earliest opportunity of specific likely future events or circumstances, which
may adversely affect the Project Implementation Schedule. The Cloud service
provider shall cooperate with the officers of APTRANSCO in making and
considering proposals for how the effect of such an event or circumstance can
be avoided or reduced.

27. RESPONSIBILITY OF THE CSP (Cloud service provider):

The successful bidder is responsible for providing the Cloud services

and execution of the works ensuring quality. He should acquaint himself of
the conditions obtaining in regard to providing of the Cloud services. To
mobilize and plan for the cloud services, APTRANSCO shall not be responsible
for any mismatch of work on account of whatever so the reasons and the
successful bidder has to bear the costs towards on account of mismatch of
work if any. To submit the work bills, preferably quarterly, you shall submit
all the required enclosures without fail along with work bill promptly.
APTRANSCO shall not be responsible for any delayed payments whatever so
the reasons.

28. EXTENSION OF THE COMPLETION DATE:

28.1 Delivery of the HANA Cloud services will be made by the Cloud service
provider in accordance with the time schedule prescribed by the
APTRANSCO.

28.2 If at any time during performance of the Contract, the Cloud service
provider should encounter conditions impeding timely delivery of the
Cloud services, the Cloud service provider will promptly notify the

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 APTRANSCO in writing of the fact of the delay, its likely duration and its
cause(s). As soon as practicable after receipt of the service provider’s
notice, the APTRANSCO will evaluate the situation and may at its
discretion extend the Cloud service provider time for performance, with or
without liquidated damages, in which case the extension will be ratified by
the parties by amendment of the Contract.

28.3 Except as provided under force majeure clause a delay by the Cloud
service provider in the performance of its delivery obligations will render
the Cloud service provider liable to the imposition of liquidated damages
unless an extension of time is agreed upon without the application of
liquidated damages. It is the sole discretion of the APTRANSCO to grant
extension of completion period.

29. FORCE MAJEURE:

29.1 The Cloud service provider will not be liable for forfeiture of its
performance security, penalty for late delivery, or termination for default
if and to the extent that it’s delay in performance or other failure to
perform its obligations under the Contract is the result of an event of
Force Majeure.
29.2 For purposes of this clause, "Force Majeure" means an event beyond the
control of the Cloud service provider and not involving the Cloud service
provider’s fault or negligence and not foreseeable. Such events may
include, but are not restricted to, wars or revolutions, fires, floods,
epidemics and freight embargoes.
29.3 If a Force Majeure situation arises, the Cloud service provider will
promptly notify the APTRANSCO within 10 days of such occurrence in
writing of such condition and the cause thereof. Unless otherwise
directed by the APTRANSCO in writing, the Cloud service provider will
continue to perform its obligations under the Contract as far as is
reasonably practice, and will seek all reasonable alternative means for
performance not prevented by the Force Majeure event.

30. DELAYS ORDERED BY THE PURCHASER

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 APTRANSCO reserves the right to suspend and reinstate execution of
whole or any part of the Works without invalidating the provisions of the
contract. Orders for suspension or reinstatement of the Works will be issued
by the Chief IT& Data Office/APTRANSCO to the Cloud service provider in
writing. The time for completion of the works will be extended suitably to
account for duration of the suspension. Any costs incurred by the Cloud
service provider due to increased overheads, idling of labour etc., as a result
of such suspension will not be reimbursed to the Cloud service provider.

31. CLAIMS DUE TO DELAYS BEYOND CONTRACTOR’S CONTROL:

The Cloud service provider shall not be entitled to claim compensation

on account of delays or hindrances to the works for any cause what so ever.
Should the cause of delay or hindrance not be the responsibility of the Cloud
service provider, the Chief IT& Data Officer/APTRANSCO will consider
whether it is possible or not to grant extension of time to compensate for this
delay or hindrance. The Cloud service provider will not, however, be eligible
for any compensation by way of increase in the rates for the works executed
beyond the contract period.

32. RECOVERY OF MONEY FROM CONTRACTOR IN CERTAIN CASES:

In every case in which provision is made for recovery of money from the
Cloud service provider, the APTRANSCO shall be entitled to retain or deduct
the amount there of from any moneys that may be due or may become due to
the Cloud service provider under these present and/or under any other
contract or contracts or any other account what so ever, including Bank
Guarantees, Bid Security/Performance Security etc., held up by the
APTRANSCO.

33. NOTICES

33.1 Any notice given by one party to the other pursuant to this Contract will
be sent to the other party in writing or by fax and confirmed in writing to
the other party’s address.

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33.2 A notice will be effective when delivered or on the notice's effective date,
which ever is later.

34. CORRESPONDENCE:

The officer Chief IT& Data officer/APTRANSCO will be in charge of the

works covered by this contract. All matters relating to work, completion,
handing over and payments shall be referred to them with copies marked to
this office.

35. JURISDICTION:

Any and all disputes or differences arising out of or touching this order
shall be decided by a panel of arbitrators as detailed below.
S.No Value of claim Panel of arbitrators
1 Disputes involving Superintending Engineer of
amounts up to Rs. APTRANSCO other than the
1
10,000/- circle to which the dispute
relates
Disputes involving
amounts of above Rs. Any Chief Engineer of APTRANSCO,
2
10,000/- but less than
Rs. 50,000/-
The parties shall approach the
There shall not be any
competent Civil Courts situated in
reference of disputes, the
3 Vijayawada jurisdiction only, if any
value of which is above
such disputes arise involving more
Rs.50,000 /- to arbitration.
than Rs.50,000/-.

36. TERMINATION FOR DEFAULT

36.1 The APTRANSCO, without prejudice to any other remedy for breach of
Contract, by written notice of default sent to the SAP HANA Cloud service
(HEC) provider, may terminate this Contract in whole or in part:
a) If the service Provider fails to deliver any or all of the services within the
period(s) specified in the Contract, or within any extension thereof granted
by the APTRANSCO.

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b) If the SAP HANA Cloud service (HEC) provider fails to perform any other
obligation(s) under the Contract.

c) If the SAP HANA Cloud service (HEC) provider, in the judgment of the
APTRANSCO has engaged incorrupt or fraudulent practices in competing
for or in executing the Contract.

36.2 In the event the APTRANSCO terminates the Contract in whole or in

part, the APTRANSCO may procure, upon such terms and in such
manner, as it deems appropriate, cloud services similar to those
undelivered, and the SAP HANA Cloud service (HEC) provider will be
liable to the APTRANSCO for any excess costs for such similar services.
However, the Service Provider will continue performance of the Contract
to the extent not terminated.

37. TERMINATION FOR INSOLVENCY

The APTRANSCO may at any time terminate the Contract by giving

written notice to the Cloud Service Provider if the SAP HANA Enterprise Cloud
service (HEC) provider becomes bankrupt or otherwise insolvent. In this
event, termination will be without compensation to the Service Provider,
provided that such termination will not prejudice or not affect any right of
action or remedy, which has accrued or will accrue thereafter to the
APTRANSCO.

38. TERMINATION FOR CONVENIENCE

38.1 The APTRANSCO, by written notice sent to the SAP HANA Cloud service
(HEC) provider, may terminate the Contract, in whole or in part, at any
time for its convenience as per transitioning/exit clause 24. The notice of
termination will specify the termination is for the APTRANSCO's
convenience, the extent to which performance of the Service Provider
under the Contract is terminated, and date upon which termination
becomes effective.

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38.2 However the Services that are complete within thirty (30) days after the
Cloud Service Provider's receipt of notice of termination will be accepted
by the APTRANSCO at the Contract terms and prices.

39. TERMINATION OF CONTRACT

If it is found that Progress of works are not commensurate with the

program of completion or if the HANA Cloud Service Provider does not fulfil
his obligations as per the terms of the specification TRNS-e-10/2021,
APTRANSCO will be entitled to terminate the contract in part or full by giving
15 days’ notice and get the balance works completed through other agencies
at the contractor’s cost and risk.

Warning letters will be issued by Chief IT& Data Officer/APTransco if

the progress is not satisfactory. If the progress continues to be poor even after
the second warning letter, show cause notice / final notice will be issued by
the above authority. If no satisfactory reply is received or the progress of the
works are not improved within 15 days of issue of the final notice / show
cause notice, the Chief IT& Data Officer/APTransco shall terminate the
agreement, which will be followed by stoppage of all payments to the Cloud
Service Provider, encashment of the BGs, and after termination of contract
the balance works shall be completed through alternate agencies at
contractor’s risk and cost. The Cloud Service Provider so penalized shall be
blacklisted for 3 years from the date of termination of contract.

In the event of termination of contract due to delay attributable to the

Cloud Service Provider, APTRANSCO is entitled to get the works done by other
agency/agencies for completion of contract. The Cloud Service Provider shall
have no objection in this regard.

40. ACKNOWLEDGEMENT:

Please acknowledge the receipt of this Order with a confirmation of the

acceptance of its contents by you and the extra copy of the order enclosed

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may please be returned with your signature with date in token of your
acceptance, within 15 days from the date of issue of this letter.

Encl.: (i) Duplicate copy of the contract award

GINEER/TRANSMISSION
(ACTING FOR AND ON BEHALF OF
THE TRANSMISSION CORPORATION
oF A.P. LTD.)

WE ACCEPT THE TERMS AND CONDITIONS OF THIS ORDER.

SIGNATURE OF THE CONTRACTOR

WITH SEAL AND DATE

Copy to:
PS to the Joint.managing Director/APTRANSCO - for perusal
Copies communicated to:
The Chief IT &D ata Offi cerl APTRANSCO / VS / Vij ayawada.
The SAO/Pay & Accounts/APTRANSCO/Vidyut Soudha / Vijayawada.
The Pay Officer/ APTRANSCO /VS / Vij ayawada.
The AO / CPR/APTRANSCO /VS / Vij ayawada.

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