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APPENDIX D – SERVICE LEVEL AGREEMENTS
The selected Offeror shall adhere to a set of minimum service levels and shall agree to incur service-level damages, including liquidated damages, if Service Level Requirements are not fulfilled. The selected Offeror and the Commonwealth agree that if a service level is not met, the failure may interfere with the operation of the Commonwealth’s program, to the extent of loss and damage to the Commonwealth. Where that damage is not otherwise clearly calculable (overpayment of a resources hours) and able to be reimbursed as a direct or consequential damage, it is otherwise impractical and extremely difficult to fix the actual damage sustained. The Commonwealth and the selected Offeror therefore presume in the event of any failure to meet a service level, the amount of damage which will be sustained from the failure will be the amount listed as liquidated damages as outlined in the chart below, and that the selected Offeror shall pay such amount as liquidated damages and not as a penalty.
The Commonwealth will allow a 30-day grace period after the implementation phase of the Contract, without tracking and assessing the SLAs. After the grace period has ended, the selected Offeror is responsible for tracking each of the SLAs. The selected Offeror will provide a monthly report to the Contract Administrator detailing its ability to meet the SLA’s. For any missed SLA, the selected Offeror must submit a corrective action plan to the Contract Administrator within 15 days after the end of the review period (i.e. Frequency of Review). The first report shall be due to the Contract Administrator one (1) month after the grace period ends. The plan is subject to Commonwealth approval. The selected Offeror shall execute the corrective action plan upon Commonwealth approval.
The Commonwealth, at its option, for amounts due the Commonwealth as service-level damages, may deduct the amounts from any money payable to the selected Offeror, or may bill the selected Offeror as a separate item. The Commonwealth shall notify the selected Offeror in writing before deducting such sums from money payable to the selected Offeror. Delivery to the Commonwealth of a product or service that is rejected by the Commonwealth shall not toll the running of the days for purposes of determining the amount of liquidated damages.
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| Performance Metric |
| Performance Target |
| Description |
| Calculation |
| Frequency of Review |
| Liquidated Damages |
| 1 |
| Listing of employees |
| 100% |
| Current list requirement includes but is not limited to employee’s full names, social security numbers dates of birth, listing all required certifications with dates of expiration, physical copies of required certifications, required background and reliability checks. The list shall be validated and signed by a company management official and provided to the PM or designated representative. Updated listings shall be provided when any employee’s status or information changes or prior to a new employee starting work or training on site |
| Quarterly |
| If the list of employees is late, $500 per week will be assessed until the list is received. And if there is any incorrect information on the list of employees a $500 per week will be assessed until corrected. |
| 2 |
| FTIG Police Fill In |
| 100% |
| When FTIG police are required to fill for the contractor in excess of 2 hours. |
| Per incident |
| $200 per incident will be assessed for each FTIG police officer that is required to fill in for the contractor’s employees in excess of 2 hours. |
| 3 |
| Staffing Shortages |
| 100% |
| The FTIG Police Department Communications Desk shall be notified with 30 minutes of any staffing shortages at contracted locations and the contractor’s remedy for the shortages. |
| Per incident |
| $500 per incident will be assessed each time notification is not received within 30 minutes. |
| 4 |
| Employee Schedule |
| 100% |
| A biweekly work schedule shall be provided to the PM or designated representative with employee names and work location prior to those employees reporting for duty. The PM or designated representative shall be provided with updated schedules if employee staffing or locations change. (week prior to start of schedule) |
| Biweekly |
| $100 per day will be assessed until the work schedule is received by the PM or designated representative |
| 5 |
| Accurate payroll records |
| 100% |
| Accurate, legible, and easily verifiable payroll records shall be provided to the PM or designated representative within 7 days of the month end payroll to verify hours and locations staffed for accurate billing and invoice payment. |
| Monthly |
| $1000 per month will be assessed any time the PM or designated representative requires a correction to be made |
| 6 |
| Incident Reporting |
| 100% |
| Contracted employees shall report all incidents within 5 minutes of occurrence to the FTIG Police and PM, or designated representative as outlined in the performance specifications. Reportable incidents include, but are not limited to, weapons discharge, breach of security, accidents, procedural violations, and injury to persons or property |
| Per incident |
| $500 incident |
| 7 |
| Loss/theft/damages |
| 100% |
| Government furnished equipment includes but is not limited to government issued badges or radios |
| Per item |
| Replacement cost of item |