Service: Contract Management (Software as a Service) 1. Description: An overview of the G-Cloud Service (functional, non-functional) econtract Management allows for the management of a contract after award, including sharing contract documentation with suppliers, agreeing and finalising the contract, alerts, management of a contract master list, allowing supplier performance management and suppliers to update KPI s, searching and filtering contracts, stake holder surveys and contract change management with suppliers, Detailed Functionality: Contract Register Category management Assigning additional configurable fields against contracts and filtering/searching and export to excel Contract Alerts Workflow to finalise and agree contracts Document management including version control Approval Workflows Managing min competitions under a framework Selection and invitation of Suppliers to online quotes Online Supplier Registration Audit Logs including event logs Online Secure messaging including broadcasts Supplier KPI management Collaboration with Suppliers Stakeholder feedback IL0 2. Information assurance Impact Level (IL) at which the G-Cloud Service is accredited to hold and process information 3. Details of the level of backup/restore and disaster recovery that will be provided
Daily Back Ups available with a mirrored Disaster recover site, 10km away, connected via a secure fibre optic cable link, allowing for not more than one hour down time in the event of a major disaster at the main site. Data Retention: All data is retained during the life of the contract with an option to access the data after contract termination with a read only licence. 4. On-boarding and Off-boarding processes/scope etc. On Boarding: Authority makes a request to join the system via contacting EU Supply (phone or via email) and completes a simple initialisation form with the Authority details and buyer details. Upon receipt of a Purchase Order, the Authority is set up in the system both on the live production site and a demo/training site. Standard procurement templates are loaded for the Authority. The secure log in is sent to the Administrator of the Authority. The Administrator of the Authority can access guidance and training material and create additional users as per the Purchase Order. Authority can go live and start publishing tenders within one day of receipt of online form and the PO. There is a minimum set up and implementation fee of 2,500 to configure the system based on a standard configuration. Additional configurations and extra support are chargeable Offboarding Authority has to give written notice of termination and then can either download all Authority data using print pdf and download document facility or purchase a read only/viewer licence to access old tender data. 5. Pricing (including unit prices, volume discounts (if any), data extraction etc.) User based pricing model: 10 per user per month (invoicing is upfront for every event) Minimum term: One Month Further discounts available for large number of events. Optional read only access licence after termination of contract 6. Service management details The etendering system is delivered Software as a Service (SaaS). Users both suppliers and buyers only require browser and internet connection to use the service.
7. Service constraints (e.g. maintenance windows, level of customisation permitted, schedule for deprecation of functionality/features etc.) The etendering system is a best of breed off the shelf solution but highly configurable: a. Procurement Templates can be configured via the Administrator interface b. Secure workspaces can be set up c. OJEU templates and invitation letters can be configured d. Online questionnaire template libraries can be set up e. Document Libraries can be set up f. Additional users can be set up and access rights (read only, editor etc.) can be set up by the Authority (subject to the Purchase Order licence requirements) g. A branded page can be set up h. New releases and upgrades are included in the user licence fee i. Support is available during office hours only (09.00-17:00 GMT Monday to Friday excluding bank holidays) j. Support help desk is available to all suppliers and trained Buyers only k. Maximum 10GB of data per Authority l. Only licenced users of the Authority can access the system. No shared log ins allowed because of Security restrictions as per IL0 8. Service Levels (e.g. performance, availability, support hours, severity definitions etc.) The availability of the Services, excluding scheduled unavailability, shall be: 99.5% during Working Hours; and 99.0% outside Working Hours in cases where the Service Provider has agreed to provide extended hours under Additional Services. The recording of Downtime shall commence during Working Hours from the time the relevant Service Case is logged by the Service Provider s help desk. Downtime shall end when a resolution has occurred or when a work-around is provided and implemented to the satisfaction of the Customer. Where a work-around has been provided, the relevant Service Case as logged by the help desk shall remain open until the affected Services are restored in accordance with their applicable Service Levels. Work-around shall be reviewed by the parties at the Service Review Meetings. For the avoidance of doubt, the provision of a satisfactory work-around shall constitute resolution of the relevant Service Case for Service Level and Service Credit calculation purposes. Downtime attributable to any of the following causes shall be disregarded: failure by the Customer to take any specified avoidance action previously agreed between the Customer and the Service Provider; and/or failure of the Customer s infrastructure. The Service availability percentage shall be calculated as the following fraction expressed as a percentage:
( ((Total Users x service hours in the Quarter) - (Downtime hours x affected Users)) ) Total Users x service hours in the Quarter x 100 The Service Provider shall provide the esourcing Service so that Users shall experience response times (assuming a broadband connection) at least as fast as those achieved by leading ecommerce sites. This should be achieved for at least 99.5% of the time the Service is available during Working Hours. 9. Financial recompense model for not meeting service levels See the Supplier Terms and Conditions, relevant section copied below: Service Level Rebate If the Client determines that the Licensed Software has failed to meet a Critical Service Level, the Client is entitled to deduct from its next payment to Cloud Pegusus a Service Level Rebate calculated in accordance with the following: Failure If under section 4.1 the Project Build is Service Level Rebate n/a unsuccessful. If under section 4.2 the Minimum Service Level of one or more Availability Periods is not met in a calendar month. 0.5% of the support and maintenance fee payable for a one-month period for each 0.1% that the Percentage Availability is under the Minimum Service Level. The Rebate is calculated for each of the Availability Periods under section 4.2. If one or more Critical Service Levels (section 4.4) are not met in a calendar month. 5% of the support and maintenance fee payable for a one-month period for each of the two Critical Service Levels (a) and (b) in section 4.4,
which is not met. If under section 4.5, one or more Severity Level 1 or Severity Level 2 Service Problems or 20% of the support and maintenance fee payable for a one-month period. Support Requests attributable to the Licensed Software are escalated to Level 3 Escalation (as set out in section 4.6) during a calendar month. Irrespective of anything else said in this section 2, any Service Level Rebate in aggregate shall be limited to 20% of the monthly licence, support and maintenance fee. Service Level Rebate is calculated for each calendar month and accumulated over the entire license period indicated in clause 2 of the Amendment. The license, support and maintenance fee payable for a one-month period is calculated as 1/12 of the annual fee. 10. Training One day training for the user (up to 8 users per session) and one extra day training for the Administrator (up to 8 users per session) recommended at 1200 per day on the client premises. 11. Ordering and invoicing process Ordering: On receipt of the call off order. Invoice is on receipt of the Purchase order and yearly in advance with 30 days payment terms. 12. Termination terms a. By consumers (i.e. consumption) 12 months notice or expiry of the contract. b. By the Supplier (removal of the G-Cloud Service) 12 months notice or expiry of the G Cloud framework contract. 13. Data restoration / service migration N/A as customer may themselves download/extract old tenders if required (cf. Off boarding under section 4 above) 14. Consumer responsibilities Compliance to the IL0 security requirements e.g. no shared log in s 15. Technical requirements (service dependencies and detailed technical interfaces, e.g. client side requirements, bandwidth/latency requirements etc.)
Client only requires browser and internet connection 16. Details of any trial service available. One month free trial
Order Form: CLOUD PEGASUS FORM FOR E-SOURCING SERVICES FROM Customer/Authority Service Address Invoice Address Contact Ref: Order Number Order Date TO Service Provider Cloud Pegasus (referred to as Cloud Pegasus and Contractor ) Service Provider s Address Account Manager 46 St Helens Road Solihull West Midlands B91 2DA Name: Sid Bains Phone: 07789 260 680 E-mail: sid.bains@cloudpegasus.com PART 1. SERVICES REQUIREMENTS (1.1) Services Scope and Specification: Specification of Modules included in license: [etendering, eevaluation, econtract Mgt, esupplier/vendor Mgt, eauction] as per proposal [ ] No of User Licences [xxx restricted to the Customer/Authority own procurement] Duration: [ ] years Optional Extension [ ] years
License under this Order shall be granted ONLY to the above mentioned Beneficiaries, and no rights shall hereby be granted to any other Beneficiaries under this Order. No Third Party Beneficiaries are added to any schedule detailing such, nor will such be added for the duration of the Contract without the written approval of the Contractor. (1.2) Commencement Date: [ ] (1.3) Charges Payable/Contract Price by Customer: [ ] Annum commencing when access to the branded live log-in site is made available to the Customer., [ ] for implementation and Training (1.4) Contractual Terms and Security Requirements: Cross/Tick one to apply: G Cloud Framework NHS conditions of contract for the supply of services, September 2010 with the following exceptions, amendments and clarifications: As permitted under clauses 19, the Parties hereby agree that their liability to each other under or in connection with the Contract shall not exceed the Contract Price. To maintain IL3 security accreditation, and to comply with clause 35 (Confidentiality) and similar clauses in respect of other authorities and clients data under similar agreements in the UK, any access and use of machinery, equipment and materials under clause 3.16 shall be restricted to not include access to the EUS Holdings Ltd e-sourcing information assets. Such rights shall never be granted to any one Authority or third party, however, under the stated pre-conditions of clause 3.16, the Authority shall be granted access to and unrestricted use of information relating to the Services under the Contract. Clause 31.1 shall apply to costs, claims, proceedings, expenses or demands only if the Contractor has been notified without delay of any such claims, proceedings or demands, and that the Contractor has been granted the right to sole control of the defense or settlement of any such claims, proceedings or demands. The ownership of the intellectual property rights regarding the software used to provide the Services, including without limitation any improvements in functionality however they arise (e.g. without limitation under clause 23.1), and however they are financed, remains at all times with the Contractor. PART 4. PERFORMANCE OF THE SERVICES AND DELIVERABLES (4.1) Key Personnel of the Service Provider to be involved in the Services and Deliverables:
(4.2) Sub-Contractors to be involved in the Services and Deliverables: (4.3) Quality Standards and Quality Measures BY SIGNING AND RETURNING THIS ORDER FORM THE PROVIDER AGREES to enter a legally binding contract with the Customer to provide to the Customer the Services specified in the Service Order Requirements set out in this Order [ ] 20[ ]. For and on behalf of the Customer/Authority: Name and Title Signature Date For and on behalf of the Service Provider: Name and Title Sid Bains UK MD Signature Date