Para 9.3.1 — NONCONSULT_MANUAL

9.3.1. Scope of Services 1. The Contractor must perform/ delivery Services of the description, scope/ quantum, performance standards and quality outlined in the contract during the contract Period specified therein. The Services shall conform to performance and quality standards as stipulated in the contract or as per the best standards in the market, where not so specified. The Services shall include all incidental works/ Goods, and such other work-elements not mentioned explicitly in this Contract, but that can be reasonably inferred from the Contract as being required for attaining Completion of the Services. 2. The contractor shall perform the Services and its obligations with all due diligence, efficiency, and economy, observing sound management practices, and employ appropriate advanced technology and safe methods as per the performance standards and quality control parameters stipulated in the contract. For matters where the contract does not specify any Standard, the Services delivered shall conform to National/ International Standards or generally accepted professional techniques and practices.

9.3.2. Performance Standards - Quality Control 1. The Procuring Entity shall monitor the quality of the Services and shall inspect the contractor’s performance according to the Contract. The Procuring Entity shall promptly notify the contractor of any identified defects, requesting the correction of the notified defect within a reasonable time. 2. If the contractor has not corrected notified defect within the time stipulated in the Procuring Entity’s notice, the Procuring Entity shall assess the cost of having the defect corrected. Without prejudice to any of its other remedies under this Contract or applicable law, procuring Entity shall be legally entitled to deduct such cost from the contract’s payments, together with the damages for the shortfall in performance as per clause below. 3. Damages for Shortfall in Performance: Procuring Entity’s shall, without prejudice to other rights and remedies under the contract, recover as damages for the shortfall in performance, but not as a penalty, 0.5% percent (or any other percentage prescribed) of the delivered price (including elements of GST & freight) of the defective Services, without having to prove actual loss incurred.

9.3.3. Service Level Agreement (SLA) 1. A service level agreement (SLA) is an agreement designed to create a common understanding about services, priorities and responsibilities, improve communications, manage expectations, clarify responsibilities and build the foundation for a win-win relationship. It must be specified in the bidding Document and finalised before the Services are started. The objectives of SLA are: a) Identify and define the Procuring Entity’s needs; b) Eliminate unrealistic expectations on either side; c) Provide a framework for understanding between the service provider and the Procuring Entity; d) Reduce areas of conflict and encourage dialog in the event of disputes

2. While drafting the SLAs, care should be taken that they are balanced to both the contracting parties and penalties are proposed on both the sides.

3. SLA has two sets of elements: a) Service elements i) the services to be provided (and perhaps certain services not to be provided, if Procuring Entity might erroneously assume the availability of such services); ii) conditions of service availability; iii) service standards, such as the timeframes within which services will be provided iv) the responsibilities of both parties v) escalation procedures in case of performance deficiencies b) Management elements i) how service effectiveness will be tracked ii) how information about service effectiveness will be reported and addressed iii) how service-related disagreements will be resolved iv) how the parties will review and revise the SLA- Conditions warranting change; Change frequency and Change procedures