Contract Appendix 7 – Operation, Support and Maintenance Services
[Instructions for the Supplier when submitting a tender
This Appendix includes UCN's requirements for the Supplier's Operation, Support and Maintenance Services.
As documentation, the Supplier is asked to enclose the back-up routines applied as Contract Appendix 7a. Apart from this, the Appendix does not require filling in.]
1.1 General information
The Supplier shall undertake maintenance, support and operation of the LMS from Handover Day. These services are included in the Operations Fee, cf. Contract Appendix 3.
1.2 Operation
The Supplier shall ensure normal operation of the LMS.
The LMS must be hosted by the Supplier (or sub-supplier).
The Supplier must – in compliance with good IT practice – take the measures required to keep the LMS in a good and reliable condition to ensure that the LMS meets the requirements stated in Appendix 1 – Contract as a whole.
The Supplier is responsible for operating interfaces to external systems.
Through planning, monitoring, optimisation and scaling, the Supplier ensures that the operating environment has sufficient storage space and capacity and that it provides a performance for the LMS in respect of the Service Levels agreed in Contract Appendix 10.
The Supplier has prepared a fall-back plan on establishment of the LMS. The plan must be presented to UCN before establishment, including on implementation of changes in the LMS.
The Supplier must make backup copies of the LMS and the LMS information to enable the individual components to be recreated. As documentation for the backup-routines applied, the Supplier is requested to enclose a description of the backup routines that will be used. The description is to be enclosed as a sub-appendix (7a) to this Contract Appendix.
The Supplier must store backup copies safely at the Supplier's premises, protected from damage, theft and destruction.
The Supplier must ensure that deployment takes place to the least possible inconvenience to LMS users.
The Supplier must implement software updates in the form of patches, service packs and security updates, if this is necessary in order to perform the Contract. The specific implementation is to be agreed with UCN.
1.3 Maintenance
The Supplier must – in compliance with good IT practice – maintain the LMS to ensure that the LMS meets the requirements stated in the Contract as a whole. Maintenance includes all necessary maintenance, updates, versioning and releases to ensure that the LMS meets the requirements stated in the Contract for the duration of the contract.
New versions and releases of the system offered, including costs of establishment, testing and deployment, are included in the Operations Fee, cf. Contract Appendix 3. The Supplier shall upgrade the LMS to newer versions or newer releases.
A new version means a version that includes a significantly changed functionality. Usually, a new version is characterised by a change in the main number of the version (e.g. from 5.1 to 6.0).
A new release means a minor update of the software, including error corrections, which may be characterised by a change in the version number for the software by a decimal (e.g. from 5.0 to 5.1).
Upgrades of the LMS to new versions of the LMS may not deteriorate, disturb and/or remove the functionality of implemented adaptations nor reduce the functionality of the LMS in any way. Notice of new releases must be given not later than 14 days before their deployment.
The Supplier's maintenance of the LMS must comprise ongoing adaptation of the LMS in pace with changes in legislation or other sets of rules and guidelines of significance to the implementation of UCN's assignments, ensuring that UCN complies with current legislation applicable to the field at all times.
1.4 Service window
A service window is defined as an agreed time at which the Supplier may perform any form of preventive maintenance on the LMS. Notice of the Supplier's planned maintenance must be given to UCN at least
Operating Hours. In cases of major changes to the service window, the Supplier shall give UCN notice seven days in advance.
The Agreed Operating Hours are defined as Monday to Friday, both days inclusive, 8.00–17.00 (Danish time/CET) on all Work Days. If the Supplier spends time on maintenance within the Agreed Operating Hours, this situation is allowed for in the operating efficiency, cf. Contract Appendix 10.
1.5 Support organisation
The Supplier's support organisation/help desk must be available from Monday to Thursday, both days inclusive, 8.00–17.00 (Danish time/CET) and Friday 8.00–14.00 (Danish time/CET) – notwithstanding that it must be possible to use the LMS at all hours all year round. The Support organisation must be staffed in such a way that qualified assistance can be provided to UCN's superusers and IT consultants.
1.6 Procedure for incident management, etc.
The Supplier's procedure for incident management must be based on incident categories A, B, C and D, as stated in Contract Appendix 10.
1.7 UCN's reporting of incidents
If UCN identifies incidents or errors that are seemingly due to defects in the LMS, these shall be reported to the Supplier, who must provide assistance in diagnosing and remedying the reported incident. It must be possible to report incidents during help desk opening hours.
The Supplier must make a digital reporting system available in which UCN can report incidents. All reported incidents shall be provided with a unique ID by the Supplier.
In the reporting of incidents, UCN must fill in a sufficient defect report, including as a minimum the below items a–e:
a. Name of software
b. UCN's description of the incident, including action performed and resulting reaction c. Precise time when UCN observed the incident
d. Precise time of reporting the incident to the Supplier e. Suggestion for incident category (A, B, C or D) f. UCN's contact person
The Supplier's service report on rectification of incidents must, further, as a minimum include information on:
Precise time of the Supplier's registration of the incident report Time of the Supplier's commenced incident rectification Current status
Time of the Supplier's conclusion of incident rectification Cause of the incident
Solution to the incident
The Supplier must always submit a service report which must be signed by UCN.
Defects are categorised jointly by the Parties in connection with UCN's reporting. In case of disagreement on the categorisation, either Party may refer the categorisation to UCN's and the Supplier's project managers, who will jointly decide on this disagreement. If the project managers of the Parties fail to agree, reference is made to Contract Appendix 10 on the handling of disagreement on incident categorisation.
Until the expert has decided on the matter of categorisation of the reported defect, the Supplier must remedy the incident according to UCN's categorisation. If, through common recognition or the expert's decision, it is subsequently established that the defect should have been categorised as stated by the Supplier, the Supplier shall be entitled to require substantiated additional costs, including in connection with required overtime work as a result of UCN's erroneous categorisation to be paid by UCN.
If UCN erroneously reports a situation as being a defect and it subsequently turns out that UCN's reporting is based on a lack of training, incorrect use or similar which cannot be attributed to the Supplier, the Supplier shall be entitled to claim reasonable remuneration for addressing UCN's request. The right of remuneration shall not, however, become effective until the time when the Supplier makes UCN aware that the matter is not covered by the Supplier's maintenance obligations, and after such notification, the right of remuneration shall only apply on the condition that UCN accepts that the Supplier continues the work.
1.8 The Supplier's handling of incidents
For categories A and B the following shall apply:
The Supplier must submit a written action plan with an expected time schedule, persons responsible and activities with a view to resolving the reported incident.
For categories C and D the following shall apply:
The Supplier must submit a written action plan with expected time schedule, persons responsible and activities with a view to resolving the reported incident.
The Supplier must report on progress of the above plan.
If an incident is not due to the LMS, but is attributable to UCN or a third-party LMS, it is the Supplier's duty to substantiate this.
