File No. T-11014/61/2013-Tech (Vol. IX) Government of India Ministry of Electronics @ IT Unique Identification Authority of India (UIDAl) (Tech -II Division) 7th Floor, Aadhaar Building, Bangla Sahib Road, Behind Kali Mandir, New Delhi-110001 Dated || .10.2019, M/S HCL Infosysteme Ltd. 806, Siddharth 96, Nehru Place ‘New Dethi-110019 Subject: Base values for calculating Quarterly Liquidated Damages (Clause 9 (ix) of Section III-A ~ Service Level Agreements) -reg. Reference: 1. UIDAI RFP No. T-11014/05/2010 2. M/S HCL Infosystems Ltd. Bid dated 16.05.2011 3. MSP Agreement signed between UIDAI and M/S HCL Infosystems on 07.08. 2012 Reference is invited to the above mentioned documents, sir, MSP Contract signed between UIDAI and HCLI defines a total of 94 SLAs. MSP Performance is measured against the Key Performance Indicators (KPls) defined in SLAs (Annexure B of MSP Contract). The application of LD for breach of SLA is governed by Clause 9 of Annexure B of MSP contract. 2, Clause 9 (ix) of Section III-A - Service Level Agreements reads as “Cumulative liquidated damages for each quarter shall under no circumstance exceed 20% of the fee Payable for that quarter which will be the sum of amortized cost of cell payable in that quarter and the cost of managed services of that quarter’, Accordingly LD is to be levied on Amortised cost of Cell Components and cost of managed services payable in a quarter. As Per MSP Contract, the cost of managed services also includes payments for components B2 {AMC of cell components) and B3 (AMC of non cell components) in addition to other components. It is therefore intimated that quarterly LD for all quarters is to be levied on Payments for components B2 and B3 in addition to components already being considered for LD calculation. The same has been communicated to HCLI earlier including during Good Faith Negotiation. 3.__ In view of the above mentioned facts and in keeping with provisions of Clause 11 & 47 of Annexure A, General Conditions of Contract LD, HCLI is called upon to refund the excess amount received by it on account of LD on components B2 and B3 for previous quarters where no recovcries on these amounts has been made, s \ Loe be ? iy (K § Bhatia) Deputy Director (Tech- II) Copy to. ADG (Tech - 1)