Draft Service Level Agreement. for IT consultancy for advice, studies, software development and software maintenance Framework service contract

Transcription

1 Draft Service Level Agreement for IT consultancy for advice, studies, software development and software maintenance Framework service contract Publication Reference: : OJ/25/06/2014-PROC/2014/023 TIME and MEANS SERVICES

2 Table of Contents 1 Introduction Purpose and overview Definitions and acronyms Applicable documents General conditions for the provision of services Service coverage Interfaces, roles and responsibilities Validity and review process Biannual service report Meetings Service Management Definition Service level indicators Risk and problem management Measures in case of underperformance Liquidated Damages... 9 Page 2

3 1 Introduction 1.1 Purpose and overview The Service Level Agreement (SLA) defines the mechanisms used for the management of the framework contract and the performance management of the framework contract. It includes the service definition, coverage, organization, management and the service level requirements. The service level requirements are defined in the service level indicators (3.2). 1.2 Definitions and acronyms CM CR DP FWC OP SC SD SC SLA SI SM Contract Management of ECDC Change Request Delivery Process framework contract Ordering Process specific contract Service Desk Service Level Agreement Service Level Indicator Service Management The Ordering Process covers the period from the sending of the request for services to the signature of a specific contract. The Delivery Process covers the time from the signature of a specific contract to the acceptance of the work. 1.3 Applicable documents framework contract xxx Tender Specifications OJ/25/06 PROC/2014/023. contractor s proposal of xx.xx.xxxx in reply to Call fortenders OJ/25/06 PROC/2014/023.. Page 3

4 2 General conditions for the provision of services 2.1 Service coverage The services are provided on the basis of Time and Means specific contracts which cover a number of days of work for defined consultant profile. The services are performed at ECDC s premises in Stockholm, Sweden. In exceptional circumstances, ECDC may request delivery of services outside of the usual locations of delivery, (see of the tender specifications). The services are performed according to the each specific contract signed implementing the framework contract XXX. 2.2 Interfaces, roles and responsibilities On the Contractor s side The contractor nominates an Account Manager in charge of the framework contract who will be responsible for all contractual relations with ECDC. The Account Manager must be reachable by ECDC during working hours. In case of absence, a back-up person has to be designated. See of the Tender Specifications. On ECDC s side The ECDC s Contract Manager is responsible for the technical and legal follow-up of the framework contract and will act as the contact person for the service level management of the framework contract. 2.3 Validity and review process The SLA will be part of the framework contract. It will be applicable throughout the duration of the framework contract and the following specific contracts- see article I.2. of the FWC. During the life of the framework contract, ECDC may propose changes in the Service Level Agreement. These changes cannot be in contradiction with the framework contract itself. The purpose is to clarify or help the execution of the contract. They will need the agreement of the contractor. After approval, a new version will be incorporated into the framework contract by way of an amendment signed by both parties. 2.4 Biannual service report The contractor provides a biannual service report to the ECDC contract manager. The biannual service report will include: A list of the participation to the reopening and the indication of successful offers for the last 6 months Summary of the specific contracts and amendments from the start of the framework contract The values of the Service Level Indicators Page 4

5 The risks identified and the problems encountered (with the measures taken for the mitigation of risks and for correction of problems, and a follow-up of previous measures) In the biannual service report, the Contractor gives their details on the calculation of the service level indicators (3.3), their values for the half year, from the start of framework contract and for the last 6 months period. ECDC will review the content of the biannual service report. The biannual service report should be submitted within 1 month after the period of measurement (defined in 3.3) 2.5 Meetings Regular meetings between ECDC s Contract Manager and the Account Manager of the contractor will be held. The meetings will take place twice a year and at ECDC s premises (Stockholm, Sweden) unless otherwise agreed by both parties e.g. via Video or Teleconference. When necessary, special meetings on a particular subject related to the execution of a specific contract can be asked by ECDC or the contractor. For these special meetings, teleconference may be considered. The representatives who participate depend on the purpose and the subject of the meeting and will be agreed in advance between the Contract Manager of ECDC and the Account Manager of the contractor. Page 5

6 3 Service Management 3.1 Definition This chapter describes the general organization of the services related to the management of the framework contract and the specific contracts. It concerns both ordering and delivery of the services Ordering process The procedures described in the Tender Specifications 1.12 and 4.7 and I.4.1 of the framework contract will apply. ECDC initiates the process by addressing a request for services to the contractor via . The contractor shall send a confirmation of receipt of the request: by answering to the indicated in the request for services within 2 working days Following the confirmation to ECDC, the contractor sends an offer by to the indicated in the request for services within 10 working days. The offer should include a cover letter for the technical solutions proposal, CV of proposed consultants for the execution of work, and 2 relevant and reliable references per CV Reopening of competition ECDC will evaluate all contractors offers in a fair and equal manner and award the supplier with the best quality/price ratio according to the evaluation criteria defined in the request for services in accordance with 4.7 of the Tender Specifications. Latest 4 weeks after the deadline of the receipt of the offers the notification letter on the result of the reopening shall be sent by ECDC to all participating contractors Specific contract After the signature of a specific contract, the delivery of the service will start. 3.2 Service level indicators The following table gives the measurements, limit values and the related actions when an error occurs. The contractor will include the reporting of the service level indicators in the biannual service reporting (see 2.4) Service level indicator Service level indicator measurement Minimum acceptable value Immediate action / Comments Area OP SI-1. Compliance with Receipt Notification deadline Number of receipt notifications within deadline/ Total number of requests 80% Page 6

7 SI-2. Compliance with proposal deadline Proposal received in within the deadline for the offer 100% SI-3. Ratio of proposals submitted in relation with the requests received Number of proposals submitted / Number of request received 80% SI-4. Availability of the offered consultant when awarded for contract Number of declining 100% consultant after the award / Number of awarded reopening for the supplier SI-5. Delays for signature of the specific contract Number not exceeding 5 90% working days / Total number of specific contracts Area DP SI-6. Initial conformance with the specific contract Number of specific contracts not amended before their start / total number of specific contracts 100% Liquidated damages of at least 10 working days free of charge apply in case of replacement due to unavailability of consultant at the start of the contract. SI-7. Compliance with the starting date Number of specific contracts compliant with the starting date / Total number of specific contracts 90% The contractor needs to justify any delay Liquidated damages of one day free of charge per week of delay. SI-8. Conformance of the invoice delivered Number not exceeding the 80% deadlines defined in I.4.3 of the framework contract/ Total number of invoices submitted Area CM Page 7

8 SI-9. Respect of deadlines for biannual reports Number of reports sent within the deadlines / Total number of reports 100% SI-11. Availability for meetings Number of meetings held / number of ECDC s requests for meetings 80% The measures above are applied in the following conditions: The period of measurement is from the start of the framework contract or on the last 6 months At the end of the application of the measures, a new period of measurement of the quality indicators will be initiated. 3.3 Risk and problem management When any kind of risk is identified, the contractor shall immediately report it to ECDC. Examples of risks are: Lack of staff resources for the execution of the framework or specific contract Lack of knowledge or experience in specific domains Lack of correct infrastructure for the execution of the specific contract Technical constraints preventing to fulfil the deadlines for the submission of offers or biannual service reports e.g. due to failure or errors in system Lack of security Contractual problems with partners or subcontractors Change in the ownership or business activities of the contractor For each risk identified, the contractor must inform ECDC of the strategy, actions or contingency plan that will be put in place. If a service management problem occurs (for example, no response to the requests, incorrect reporting, leaving of staff, delays in invoicing), the contractor must report to ECDC about the measures they will put in place to solve the problem (including the deadlines). ECDC will monitor the progress made by the contractor. 3.4 Measures in case of underperformance In case of underperformance of the contractor according to the service level indicators (3.3), ECDC may decide to take corrective measures in order to ensure that contractors are complying with the above service parameters. For this purpose, ECDC may at any time activate the control mechanism described hereunder. Should this be the case, ECDC will communicate to the contractor the start of activation of this mechanism in due time. The relevant checks will be performed every 6 months counting from the date of activation. Page 8

9 ECDC may apply of this measure at any time: Without prejudice to the framework contract and other SLA provisions, if during a 6 month period, the contractor has failed in one or more service level indicators, ECDC may exclude the contractor in the reopening of competition mechanism for maximum next 4 reopenings for the first breach, 8 reopenings for the second and successive breaches. The exclusion from the reopening means that the contractor will be prevented from receiving any new request for services for all profiles during the period concerned. The new requests for services will be addressed to the other contractors in the reopening of competition. This period of exclusion is limited to new requests. The contractor excluded from the reopening could still receive requests for extensions of on-going specific contracts or for replacements of staff under a given specific contract. 3.5 Liquidated Damages In addition to the immediate measures indicated in 3.6, if a serious fault occurs (e.g. candidate chosen on the basis of false information in the Curriculum Vitae, no working contract conform with the legislation at the contract signature or serious misconduct of the consultant) ECDC can impose damages up to 100% of the days performed by the concerned consultant on the specific contract in accordance with II.12 of the framework contract. Page 9