Annex XVIII: Lot 1: Service Level Agreement and Key Performance Indicators (KPIs) Objective The tenderer has to provide a Service Level Agreement (SLA) that describes its proposal to deliver the required services in the tender specifications. The proposed SLA will be assessed in the technical evaluation of the tenderer’s offer. The tenderer’s proposal for a SLA is considered as a formal commitment to provide the services in accordance with it. In case of contract award, the SLA proposed by the tenderer will become part of Annex II to the FWC to be signed. The SLA is to be used by the Project Officer and the Contractor for the management of the service. Although these two parties are the main players involved in this SLA, the terms of the present SLA also apply to all sub-contractors to the Contractor involved in the service. Key Performance Indicators (KPIs) This draft Service Level Agreement describes the minimum expected level of service and set of key performance indicators to be followed by the contractor during the contract implementation. The tenderer is expected to propose a SLA containing at least the suggested indicators and targets confirming or exceeding the minimum levels. The tenderer may propose additional indicators when applicable. For each of these indicators, a level of performance is defined, representing the minimum level of service to be provided. The means of measuring these performances are also defined, as for the appropriate methods for calculating and levying financial liquidated damages for any possible failure to achieve the minimum levels. All KPIs will have the following attributes: KPI Attribute KPI Attribute Description KPI Id: Represents the KPI Identifier Indicator Name of the KPI Definition Describes the context and requirements of the KPI Calculation Describes how the data is collected to compute the value of the KPI and the calculation formula Threshold Value of the KPI calculation to be matched Damage points Number of KPI damage points applied for deviations from the threshold Reporting on the SLA implementation Poor performance of the Contractor shall be recorded on a monthly basis. Within the scope of each specific contract/order, the contractor is required to present in a SLA implementation report the concrete figures of his activities for each relevant performance indicator for the reference period (e.g. Interim Progress Report or Final Report), summarised sector and global total points, the state of the applicable threshold and the final result of points against the threshold. The sum of KPI damage points defines the performance of the contractor under the SLA. The template of the SLA implementation report will have to be agreed with the Contracting authority. Application of liquidated damages for poor performance For each case of poor performance the contractor shall be attributed with the corresponding number of points as defined in the SLA. Should damage points be incurred by the contractor during the reference period, they will be used to calculate the relevant liquidated damages in accordance with the formula defined below. By derogation from Article II.12, for each reference period the number of KPI damage points incurred by the contractor under the SLA will be used to calculate the value of the possible liquidated damages. Should the number of KPI damage points be two hundred (200) or more for the reference period, the liquidated damages shall be applied in accordance with the following formula: Liquidated damages = KDP 200 x Invoiced amount 200 Where: Liquidated damages are the liquidated damages calculated for the reference period; KDP are the total number of KPI damage points incurred by the contractor under the SLA in relation with the concerned invoice (interim or balance payment); Invoiced amount is the amount invoiced in the concerned period (interim or balance payment). The liquidated damages may not exceed twenty per cent (20 %) of the total value of the service as indicated in the order/specific contract. The amounts of the liquidated damages applied by the contracting authority shall be directly deductible from the respective payment invoiced by the Contractor. The Contractor will issue a credit note for the corresponding sum. Overall Performance and Quality KPIs ID Indicator Definition Calculation Damage points 0 working days Minimum 10 per working day KPI-1 Punctuality of reports/deliverables1 Every report/deliverable will have an agreed deadline, which may be extended in duly justified circumstances. A deliverable is on time if its delivery date matches its due date. Delays are counted in whole days, irrespective of time of the day. No delays are tolerated. KPI-2 Quality of reports/deliverables2 All reports/deliverables are subject to acceptance (with or without Count of rejections per reservations) or rejection by the contracting authority, within the report/deliverable specified deadlines. Only one rejection3 is possible before the KPI or threshold is exceeded. Measured by Project Officer 1 rejection Minimum 100 per rejection KPI-3 Provision of the takeover report 10 working days before the end of the takeover period. This KPI Retro-planning: is only measured once, at the end of takeover. comparison of delivery date against due date Take-over plan Clean acceptance of the takeover Minimum 1 000 per each rejection KPI-4 Provision of the handover report 5 working days following the end of the handover period. This Retro-planning: KPI is only measured once, at the end of the Framework Contract. comparison of delivery date against due date Hand-over plan Clean acceptance of the handover Minimum 1 000 per each rejection 1 Retro-planning: Comparison of delivery date against due date Threshold This KPI applies to all specific orders/contracts to be signed during the implementation of the FWC See footnote 1 3 Rejection of a report/deliverable will be applicable if significant modifications are required. Number of comments and minor modifications are not to be considered as rejection. 2 Hosting KPIs4 ID Indicator Definition Calculation Threshold Damage points Availability refers to the percentage of time that a service is available to its users for the duration of the reference period. A service is considered as “available” at a given moment in time when the user is provided with access to those services within a threshold of 20 seconds and the services and applications have the expected behaviour. A service is considered as “unavailable” at a given moment in time when any such event takes place: o Connection refused o Any server failure (5xx or similar message) o Expected behaviour not met (includes 4xx messages) o More than 1 consecutive Socket timeout (20 sec) If an event listed under bullet points 1-3 is encountered just before or after a socket timeout then also the first socket timeout is counted as NOT OK. Availability will be expressed in percentage of time the service is available within the reference period ( 1 month) 99.5 % availability of the service during working hours Minimum 100 per 0.01% below target Response time refers to the time the system takes to deliver a response to a request. Response time shall be less than two (2), (4), (8) seconds to display a random page. Cacheable pages: expected level of performance 2 sec Non-cacheable pages: expected level of performance 4 sec Transactional services: expected level of performance 8 sec Performance will be expressed in percentage of values "response time ok" within the reference period (1 month) Hosting Service –H - Production System This includes any system supporting production services KPI-H-1 KPI-H-2 4 Availability of service Performance of systems The KPIs apply to specific contracts/orders covering the hosting services for the website To be measured in the Monthly Hosting Report. 98.9% availability of the service outside working hours 95 % of responses within maximum response time Minimum 50 per 0.1% below target Monthly Hosting The response time will be regularly checked. Only samples within Report the maximum response time will be considered "ok". Samples above the maximum response time will be considered "not ok". Web Maintenance KPIs5 ID Indicator KPIWM-1 Corrective maintenance Definition Timeliness on resolving anomalies through Corrective maintenance requested by the contracting authority or detected by the contractor. Within a reference period of one month, the percentage of corrective maintenance requests handled within the agreed time period is calculated. Calculation Incident management tool: comparison of delivery date against due date The performance targets will depend on the priority of the call initially set Web maintenance by the contractor/contracting authority. The priorities are: Urgent: for anomalies preventing end-users from doing their work monthly report and related to the Critical and Major service classes. Normal: for anomalies causing deterioration of service quality for end-users and related to the Critical and Major services or preventing end-users from doing their work and related to other service classes. Low: all others Threshold Damage points Urgent priority anomalies: 80% resolved or bypassed within one (1) working day Minimum 400 per working day Normal priority anomalies: 80% resolved or bypassed within three (3) working days Low priority anomalies: 80% resolved 5 The KPIs apply to specific contracts/orders covering web maintenance services Minimum 200 per working day Minimum 100 per or bypassed within fifteen (15) working days KPIWM-2 Incident management response time The contractor must respond promptly to all issues assigned to them in the incident management tool. For each issue, the contractor must acknowledge reception and initiate assessment by confirming the due date or proposing a new due date. Incident Management tool: hours between assignment of new issue and update of issue status working day 2 working hours Minimum 5 per extra working hour 0 Minimum 1 000 per data loss incident Web maintenance monthly report KPIWM-3 Data loss A data loss incident is identified as a specific case for which data has been lost and cannot be recovered by any means. Data loss is measured by the number of data loss incidents. An incident is considered as a data loss incident when: Data cannot be restored without assistance of another party; Data which was received outside the rolling forward backup window of 15 minutes cannot be restored. Individual incident report to the Project Officer