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Project Requirements - Archaeological Survey of India

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Request for Proposal for establishing e-Governance Systems<br />

16.2. The Minimum Pr<strong>of</strong>iciency. The BUYER would like to identify as “Key Roles”, certain<br />

roles <strong>of</strong> the <strong>Project</strong> team being deployed by SI during the implementation <strong>of</strong> <strong>Project</strong><br />

as per Schedule VIII. These key roles are identified to be critical to the success <strong>of</strong> the<br />

<strong>Project</strong> and it is expected that these key roles will be staffed with personnel with<br />

adequate pr<strong>of</strong>iciency. The minimum pr<strong>of</strong>iciency in terms <strong>of</strong> expertise, skills and<br />

educational qualifications are listed in Schedule VIII.<br />

16.3. Clearance for Personnel.<br />

(1) In pursuance <strong>of</strong> the conditions in the the RFP, SI undertakes that all the personnel being<br />

deployed by SI for the <strong>Project</strong> are <strong>India</strong>n nationals.<br />

(2) It is the responsibility <strong>of</strong> SI to ensure that all the personnel deployed by SI for the <strong>Project</strong><br />

are not involved in any criminal or antinational activities.<br />

(3) SI should submit the police verification records <strong>of</strong> any <strong>of</strong> the personnel <strong>of</strong> SI/ Sub<br />

Contractors/ OEMs, if demanded by BUYER.<br />

16.4. Sub Contract Liabilities.Any sub contracting by SI shall be as per the terms <strong>of</strong> the<br />

Contract. It is understood by the Parties that SI shall be liable for any such<br />

subcontracting and further SI shall be the principal employer for all claims arising<br />

from the liabilities, statutory or otherwise, concerning the sub-contractors. SI<br />

undertakes to indemnify the BUYER or its nominated agencies from any claims on the<br />

grounds stated hereinabove.<br />

16.5. The OEM Personnel.<br />

(1) In pursuance <strong>of</strong> the commitment made in the RFP, SI undertakes to take the services <strong>of</strong><br />

experts from the OEM for the specific activities as listed in Schedule III.<br />

(2) The OEM personnel and the services rendered by them will be paid by SI<br />

(3) The OEM personnel will report directly to the BUYER on their work, observations and<br />

audit findings<br />

(4) Within the framework <strong>of</strong> this Contract, the BUYER will seek the deployment <strong>of</strong> the OEM<br />

personnel through SI.<br />

16.6. Liability for Actions <strong>of</strong> the Personnel.<br />

(1) SI agrees to be responsible for managing the activities <strong>of</strong> its personnel (including OEMs)<br />

and shall be accountable for both.<br />

(2) The SI agrees and shall be vicariously liable for any acts, deeds or things done by their<br />

employees, agents, contractors, subcontractors, etc., which is outside the scope <strong>of</strong><br />

power vested or instructions issued by the BUYER.<br />

RFP Volume 3: Draft Legal Contract Page 43

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