7 Service Level Agreement

The Service Level Agreement (SLA) will be a component of the contract between
Institute and the chosen bidder. SLA outlines the conditions of the chosen bidder's
obligation to guarantee the accuracy and timeliness of the Deliverables based on the
established Performance Indicators, which are described in this section.
Over the duration of this Contract, that is, for the time period specified in the project
timeline of this RFP, the successful bidder must adhere to service level standards to
ensure adherence to Project Timelines, quality, and availability of services. The
chosen bidder must provide the necessary software, hardware, and automated tools
to track and send reports for all the SLAs mentioned in this section.
The following words, along with those defined below, shall have the
following meanings for the purposes of the SLA in addition to those defined in the
Document:
"Total Time" refers to the total number of hours in the quarter (or the relevant
period) that are taken into account for assessing SLA performance.
"Uptime" - The amount of time that the specified services or results are accessible
throughout the time frame that is being taken into account for SLA evaluation.
Calculation formulas for uptime: Uptime (%) is calculated as follows: 1-
[(Downtime)/(Total time - planned maintenance time)] *100.
"Downtime" is the amount of time during the relevant period that the specified
services, components, or results are not available; this does not include downtime
due to Force Majeure or other circumstances beyond the Successful bidder's control.
"Scheduled Maintenance Time" refers to the duration of the scheduled
maintenance activity during which the defined services/components with the
specified technical and service standards are unavailable. The successful bidder
must get Principal Investigator/ Institute center coordinator clearance for any such
action at least 10 days in advance. The planned maintenance should take no longer
than four hours and take place after midnight or during off-peak times. Maximum
four times a year would be allowed for such planned downtime.
"Incident" - Any occurrence or anomaly in the service being provided that might
prevent the end user from receiving regular operations and services.
"Response Time" is the period between when an event is reported to the Helpdesk
through phone or other appropriate method of contact and when a resource is
allocated to resolve it.
"Resolution Time" is the amount of time that passes from the time an event is
reported to Helpdesk, either manually or automatically via a system, and the point at
which the problem is fully addressed, and services are fully restored.

7.1 Measurement of SLA:

1. Performance characteristics such as baseline performance, lower performance,
and breach are specified in the SLA metrics. A quarterly basis will be used for
all SLA computations.
2. In addition, the SLA details the liquidated damages for poor performance and
breach circumstances.

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 3. Payment to the successful bidder is contingent upon meeting the SLA metrics.
4. The aforementioned SLA parameters must be measured using the required SLA
measuring instruments, which must be supplied by the successful bidder, and
authorized and audited by Institute or its designated officer for accuracy and
reliability.
5. Moreover, Institute is free to perform an audit or amendment of the SLA
parameters directly or via any other agency it sees suitable. After contacting the
successful bidder, project management consultants, and other experts.
6. Institute will review the SLAs on a yearly basis. Any amendments would be
made by Institute following consultation with the Successful bidder and might
include adjustments to limit excessive Service Level relaxation or adjustments
to prevent the application of inflated liquidated damages that are discovered
after the project has gone live.
7. The total amount of liquidated damages that can be assessed against the chosen
bidder is 10% of the total contract amount. Nonetheless, Institute would have
right to initiate termination of the Contract in case the entire liquidated damages
equal 10% of whole contract value. 10% of the OPEX value shall be the
maximum amount of liquidated damages that may be assessed during the Post
Implementation period.

7.2 SLA Matrix for Post Implementation:

1. Any fine imposed for failure to meet SLA standards will be withheld from any
future Institute payments due or will be covered by the Performance Bank
Guarantee.
2. The SLA parameters should be measured for each of the sub systems' SLA
parameter needs and measurement methodologies, utilizing suitable SLA
measurement instruments. The chosen bidder shall supply all such necessary
tools. These tools will be subject to an accuracy and dependability examination
by Institute.
3. During each quarter, the maximum penalty would not exceed 10% of the Opex
figure. Institute retains the right to rely on the termination clause in the event
that the computed penalty exceeds 10% of the Opex value in the course of two
further quarters.
7.3 Timeline and Deliverables SLAs:
Key Delay in below Works / Deliverables Penalty per Week
Deliverables Given Timelines of delay per
(If Any) (In INR)
Phase 1 S + 8 Weeks Site Preparation, Civil and 1. Late execution/
Electrical Infrastructure Work integration/making
and Supply, Installation and lab ready will be
Commissioning of charged by 2%
Networking, Hardware/ CCTV penalty per week
and Furniture/ workstations capping to 10%.

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 etc. 2. Any further
delay will lead to
S + 12 Weeks Installation and commissioning
cancellation of
of equipment/ hardware/
work order at the
software and networking
cost of System
towards execution of project
Integrator and
S + 16 Weeks Execution of Phase 1
blacklisting for all
further bidding.

7.3.1 Operational SLA:

S Service Parameter Metric Frequency Penalty per hour of
N delay per classroom
(In INR)
1 Average System Uptime; Per hour of Quarterly INR 10,000 per
System Uptime to include all breakdown Report instance per hour of
hardware installed at Center Submission breakdown for center
of Excellence. of excellence

2 Report of any issue related Per incident Quarterly INR 2500 Per incident
exceeding Report
shoot etc. 24 Hours Submission

7.3.2 SLA for Manpower:

The trained certified master trainers shall be provided for imparting training to the
faculty and students for three academic sessions till 2026-27. The training will be given
on the courses designed and the learning material will be developed by these master
trainers. The qualifications and other credentials of such manpower and the penalty
shall be as follows:
S Service Parameter Qualification& Deliverable Penalty per month
N Experience of delay (In INR)
1 Center Manager Graduate in As 10,000 per month
Engineering and/or mentioned in
preferably ME/MBA Section 6.1.4
2 Master trainers Graduate in As 10,000 per month
Three. (One for Engineering & mentioned in per trainer
each lab.) Technology Section 6.1.4
Certified as master
trainer by respective
Technology Partner/
OEM for imparting
training.

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 7.3.3 SLA for training programs:
Penalty for
Non-
Sr. 2024- 2025- 2026- 2027-
Deliverable Conduction
No. 25 26 27 28
training
Program
1 Training of trainers (faculty INR 5,000 per
& staff) Internal & external training
- 6+45 9+60 12+100
(No. of programs & program
Beneficiary
2 Design of training programs
for advanced skills with - 6 3 3
learning material
3 No. of training programs for
6 8 12
students & beneficiary -
240 300 350
(internal & external)
4 No. of training programs for
- 3 3 3
youth in organized sector &
45 45 60
beneficiary
5 No. of training programs for
- 1 2 3
youth in unorganized sector
15 30 45
& beneficiary

Note:
1. Feedback Mechanism for Training Program
a) Feedback regarding (Regarding outcomes and deliverables) the training program will
be sought after every 3 months in addition to feedback taken from each batch trained
by master trainer/ central manager.
b) If the feedback is in between 75 % to 90 % then penalty to the tune of Rs. 5000/- will
be applicable.
c) If the feedback is below 75% (For Max. 3 times) then System Integrator will replace
master trainer. Training will be conducted again for such batches and the cost will be
borne by the System Integrator.
2. Penalty
Penalties shall not be levied on bidder in following cases
a. The non-compliance to the SLA has been solely due to reasons beyond the
control of the successful bidder.
b. There is a Force Majeure event affecting the SLA, which is beyond the control of
the successful bidder.

7.4 Exit Management

Service Provider will hand over the entire project asset/ documents/ learning
material created during the Implementation for successful handover of the project.
This process will be initiated 3 months before the ending of the project contract. In
order to align both the parties on transition modalities, Service Provider will submit

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 a detailed Exit Management Plan before 6 months of the ending date of the contract.
Exit Management Plan will include following but limited to:
1. Method of Transition including roles and responsibilities of both the parties
to handover and takeover the charge of project regular activities and
support system.
2. Proposal for necessary setup or institution structure required at Institute
level to effectively maintain the project after contract ending.
3. Training and handholding of Institute Staff or designated officers for
maintenance of project after contract ending.
4. Institute will approve this plan after necessary consultation and start
preparation for transition.

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 protection laws and regulations governing the proprietary Data.
2. The successful bidder is required to follow the best practices for the data security
regarding all the data made available to them.
3. The successful Bidder shall not transfer/disclose any Data unless otherwise
authorized by the Institute in this regard.
8.15 Confidentiality
1. Successful bidder will come into possession of confidential public records. Bidder
shall maintain the highest level of secrecy, confidentiality, and privacy with regard
thereto. Bidder would be required to sign a Non-Disclosure Agreement with Institute
prescribed in the RFP.
2. Additionally, the Successful Bidder shall keep confidential all the details and
information regarding the Project, including systems, facilities, operations,
management and maintenance of the systems, during implementation or after
completion of the project.
3. The Successful Bidder shall ensure that all its employees execute individual non-
disclosure agreements, which have been duly approved by Institute with respect to
this Project.
8.16 Notices
Any notice, request or consent required or permitted to be given or made in
this contract shall be in writing. Any such notice/ request shall be deemed to have
been given or made when delivered in person to the authorized representative of the
party to whom the communication is addressed or sent by registered mail or email to
such party.
8.17 Exit management or Transition.
Upon the termination of contract, successful Bidder shall execute the
following responsibilities:
I. Selected Bidder shall start executing the knowledge transfer process to
Institute or any agency nominated by Institute before day of exit. In case the
knowledge transfer is not complete before the date of exit of successful bidder,
Institute shall extend the date of exit and shall exit only after the complete
knowledge transfer is done. Completion of this process shall be approved by
Principal Investigator.
II. Selected Bidder shall document technical and non-technical areas and
handover the same to Institute before the exit.
III. All documents, source codes, data dump or any other deliverables / material
created as a part of the project shall be handed over by the bidder to Institute
before the exit. Bidder to provide Knowledge transfer of entire source code to
Institute post Go-Live and periodically share the source code to Institute with
required knowledge transfer.
IV. Any other knowledge transfer that is required by Institute shall be completed
by the bidder before exit. Institute shall ask the bidder to provide the handover
to any of the newly appointed agencies or any other Institute representatives.
V. Conditions of Exit Management
a) If System Integrator is willing to leave the project before project go-live or

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 01 year from the start of the project, System Integrator has to pay twice the
cost of total project cost and will be entitled for breach of contract/non
completion of the project. System Integrator has to face the legal action for
the breach of contract and his firm will be entitled for black listing.
b) If System Integrator is willing to leave the project after project go-live and
before 02 years from the start of the project, System Integrator has to pay
1.25 times the cost of total project cost and will be entitled for breach of
contract/non completion of the project. System Integrator has to face the
legal action for the breach of contract and his firm will be entitled for
black listing.
c) If System Integrator is willing to leave the project after 02 years from the
start of the project and before the project period (03 years), System
Integrator has to pay the entire cost of total project and will be entitled for
breach of contract/non completion of the project. System Integrator has to
face the legal action for the breach of contract and his firm will be entitled
for black listing.
d) If System Integrator is willing to leave the project before completion of
1/2/3 years and successful completion of the years, System Integrator will
not be entitled to get any of the dues pending towards institute (i.e. 15%
after 1st year, 10% after 2nd year and 5% after 3rd year respectively).
e) After successful completion of the project, System Integrator will have to
submit all documents (like printing material/notes, license, latest up-
stem Integrator will
be entitled for project completion certificate and all the financial dues
towards institute.
f) After go live as project progresses after every year from the start of
project, the System Integrator will have to hand over the all belongings
(tangible and non-tangible) pertaining to the CoE to the institute step by
step.
8.18 Binding Clause
All decisions taken by the DTE regarding the processing of this tender and
award of contract shall be final and binding on all parties concerned.
8.19 Change Orders
The Institute may, at any time, by written order given to Successful bidder make
changes within the scope of the contract in any one or more of the following:
I. Designs, specifications, requirements which service to be provided under the
Contract are to be specifically rendered for the Institute.
II. The Services to be provided by the successful bidder.
8.20 Assignments
The Successful Bidder shall not assign the project to any other agency, in
whole or in part, to perform its obligation under the Contract, without Institute
written consent.

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