Exhibit 99.1
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
CONTRACT
TELEMATIC
MONITORING SERVICES FOR OFFENDERS
TRACK
GROUP CHILE S.P.A
&
GENDARMERÍA
OF CHILE
In
Santiago of Chile, on the 29 of July 2020, on the one hand,
Christian Arnaldo Alveal Gutiérrez, Chilean, national identity
card No. 11,351,205-9, in his capacity as National Director of the
Gendarmerie of Chile, according to will accredit, a public service
dependent on the Ministry of Justice and Human Rights, domiciled at
Rosas street #. 1264, commune of Santiago, Metropolitan Region,
hereinafter "the Service" or "the Institution" and, on the other
hand, Diego Peralta Valenzuela, Chilean, national identity card No.
5,009,310-7,and Vesca Paola Camelio Ursic, Chilean, identity card
No. 8.322.805-9, representing, as will be accredited the company
Track Group Chile S.p.A. RUT: 76,321,923-2, with address at Enrique
Foster Sur Street #. 29, floor 5, commune of Las Condes,
Metropolitan Region, hereinafter “the supplier”, who
state that they have agreed to the following contract, according to
the clauses that are expressed below:
FIRST:
PURPOSE OF THE CONTRACT.
Through
this contract, the provider agrees to provide the telematics
monitoring service for offenders, in accordance with the
requirements established by the Institution through the bidding
process ID 634-35-LR17, which constitutes the main object of the
contract, and from which a series of obligations
originate.
The
service that is contracted must faithfully comply with the
conditions established in the administrative and technical bases,
and what is required in its annexes, and must correspond, exactly,
in terms of said characteristics, to those that the supplier
detailed in its offer.
In
accordance with the foregoing, the service to be provided must
include, among other aspects, the provision of monitoring software;
provision, installation, replacement and removal of monitoring
devices; training of Gendarmerie personnel; the enablement,
start-up and maintenance of the comprehensive monitoring and
management system, in its entirety, of the National Monitoring
Center and the Regional Center for Simultaneous Monitoring, all in
accordance with the provisions of the technical bases and the offer
by the provider.
SECOND:
IMPLEMENTATION.
1.
Planning.
a)
MILESTONE No. 1 “Activities necessary for commissioning:
Migration process, data reception, system configuration and
infrastructure enablement”:
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
The
supplier must comply with all the activities contemplated in
Milestone No. 1 within 120 calendar days, as provided in section
number X, of the technical bases, its annexes and other aspects of
its offer.
In the
development of milestone No. 1, the supplier will be guided by the
deadlines set out in the Gantt letter that accompanied the
technical annex No. 18 of its offer, regarding the duration, start
and end of the detailed activities for the projects of
authorization of the National Monitoring Center, Regional Center of
Simultaneous Monitoring, and the provisional authorization of the
Monitoring Center. The provider will keep the Institution's
Technical Counterparty informed of the progress of the activities
contemplated in the Gantt letter.
For
these purposes, the Institution must formally deliver the
dependencies, drawing up the corresponding minutes and inventory,
from which time the terms will begin to count.
The
activities that the supplier must carry out, considered within
Milestone No. 1, are the following:
a.1)
Habilitation of the National Monitoring Center and the Regional
Simultaneous Monitoring Center.
a.2)
Provisional habilitation of a monitoring center, of modular
architecture, in order to ensure the continuity of the service for
a period of at least 180 days, while carrying out the own
infrastructure habilitation works. For these purposes, you must
appoint a project manager, with whom the technical counterpart will
interact.
a.3)
Installation of all the necessary hardware, software and
telecommunication links in the communications room, and enabling of
backup, in virtual cloud.
a.4)
Installation of the monitoring system, considering all the
hardware, software, local data network cabling, power backup and
necessary telecommunications links, including remote connectivity
activities with the Social Reintegration Centers, through from the
Gendarmerie of Chile backbone.
a.5)
Training and delivery of proposed training manuals for the use of
required computer applications, and related hardware elements,
including those related to power backup equipment, anti-fire
system, etc.
a.6)
Delivery of acceptance test protocol, which must include, at least,
the verification of the functionalities indicated in letter b) of
number X of the technical bases, which must be approved by the
Institution.
a.7)
Compliance with the Gantt Letter delivered under the previous
contract, which contains the general migration planning, and which
will begin the last six months before the end of the respective
contract.
The
minimum processes that planning must ensure during migration
are:
1. -
Backup of historical information in the database.
2. -
Backup of the database configuration files.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
3. -
Backup of the configuration files of parameters defined in the
processing servers. The supplier must submit a document detailing
the model or structure of the database.
4. -
Device change process in case of parallel operation between
companies.
In
accordance with said processes and the information provided, the
provider must initiate the data migration process towards the
offered system, trying to configure it, so that it meets the
objective of maintaining it for at least six months counted from
the end of the previous contract, the continuity of the current
telematics monitoring service of offenders, with the monitoring
devices provided under the previous contract.
Once
the supplier notifies the technical counterpart of the Gendarmerie,
which is in a position to start the commissioning of the project,
or once the term of 120 calendar days contemplated for its
execution has expired, it will proceed to receive Milestone No.
1.
Said
reception will have a term of 10 working days, period in which, the
Institution will proceed to the verification of the fulfillment of
each one of the programmed activities, determining, definitively,
if the project is or not, in conditions to start the commissioning.
In service. For these purposes, the Gendarmerie may require
technical reports, both from Service officials and external
professionals.
In case
of non-compliance in the delivery of this Milestone, for reasons
attributable to the supplier, Gendarmerie will be empowered to
start the procedure for collecting the corresponding
fine.
Any
circumstance that may imply the concurrence of causes not
attributable to the supplier, such as fortuitous event or force
majeure, must be informed, in writing, to the Gendarmerie, within
48 hours after its verification, for the purposes of its evaluation
and subsequent resolution.
b)
MILESTONE N ° 2 “White March” (pre-opening trying
period): The objective of the white march is to refine the
configurations and make the necessary adjustments for the
commissioning of the contracted service. For this, the provider
will have a period of 60 calendar days, counted from the reception
in accordance with Milestone No. 1, during which all the
functionalities of the offered system must be tested, that is,
those required in the technical bases and its annexes, as well as
those differentiating and value-added elements considered in the
awarded offer.
The
white march will have, as a minimum, the verification of the
following functionalities:
b.1)
Detect and identify in real time, the place where the offenders is,
establishing the appropriate warning mechanisms to prevent the
limits established by the judicial authority from being
crossed.
b.2)
Provide, continuously and reliably, precise information on the
location, in coordinates, within the Chilean geography, where the
offenders is, continuously, in the case of intensive probation, or
partially, in the case of night confinement.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
b.3)
Have the necessary mechanisms to detect and report any fraud or
falsification of the aforementioned information.
b.4)
Warn when the offender is outside an inclusion zone, or is close to
an exclusion zone, judicially established.
b.5)
Communicate timely incidents that occur in accordance
with the previous letters, as well as communicating warnings to
staff
b.6)
Accessibility via website, allowing remote users to access the
location information of the offenders.
b.7)
Generation of reports.
b.8)
Review of the operation of the monitoring and administrative
management system, allowing the review of alarm drops, map traces,
alarm management, etc.
Access
and operation from the outside to the IFT module (technical
feasibility report) will be tested. This process must be done
through interconnection, so the provider must have a web
service.
These
tests will be carried out with the participation of "friendly
users" designated by the Gendarmerie, and must comply with the
"Acceptance Testing Protocol", required in Milestone No. 1, and
approved by the Institution. The Gendarmerie technical counterpart
will witness and direct, at all times, the development of the White
March.
After
the tests, the supplier must deliver to the Gendarmerie a written
report that accounts for the results obtained, the criteria used in
this analysis and the instruments used for the measurements. This
report will be countered with the results report prepared by the
technical counterpart.
Once
the deadline for its execution has been met, the Gendarmerie will
proceed to Reception of Milestone No. 2, within 10 business days, a
period intended to certify the correct operation of the project,
which will be done using the “Protocol of acceptance”,
previously indicated. For these purposes, the Gendarmerie may count
on the support of Service officials or external
professionals.
In the
event of non-compliance in the delivery of this milestone, for
reasons attributable to the supplier, the Gendarmerie will be
empowered to start the procedure for collecting the corresponding
fine in accordance with articles No. 49 and 56 of the
administrative bases.
Any
circumstance that may imply the concurrence of causes not
attributable to the supplier, such as fortuitous event or force
majeure, must be informed in writing to the Gendarmerie, within 48
hours after its verification, for the purposes of its evaluation
and subsequent resolution.
If this
milestone is concluded, it is verified that the system does not
comply with the technical requirements established in the bases,
and the supplier does not rectify them within the maximum term
established for it in accordance with the technical bases, the
system will not be received, and it will proceed to apply fines,
being able to resolve the early termination of the
contract.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
If the
supplier satisfactorily complies with all the requirements, the
“Commissioning” can begin.
a)
MILESTONE N ° 3 "Commissioning": Corresponds to the start of
operation of the project itself, with all its functionalities, in
accordance with what is offered by the supplier, with what is
required in the administrative and technical bases, and its
annexes. This stage will begin once certified by the technical
counterpart, the acceptance of Milestones No. 1 and 2.
This
milestone will contemplate an initial stage of six months, during
which the device replacement process must be carried out with the
outgoing company, from those that were installed before the new
supplier came into operation, as appropriate.
Throughout
the process, the provider must ensure continuity in the operation
of the service.
If the
supplier satisfactorily complies with all the requirements, the
“commissioning " may begin.
2.
Deliverables.
Once
the project has been accepted and the commissioning has started,
the supplier must deliver the following to the
Gendarmerie:
a.
Database model
b. Data
Dictionary
c.
Necessary technical manuals for all installed hardware and
software, including those related to power backup equipment,
firefighting systems, etc.
d.
Procedures protocols for all activities necessary for the operation
of the monitoring system, including those related to energy backup
equipment, anti-fire system, etc.
e.
Architecture of the proposed platform.
This
information must be kept updated throughout the term of the
contract.
THIRD:
PRICE AND METHOD OF PAYMENT.
The
total price of the provision of services will be [***], for the
entire period of the contract.
All
costs, expenses and eventual taxes that the execution of the
contract and the faithful fulfillment of the contractual
obligations are considered included within the economic
offer.
Payments
will be made monthly, according to the number of monitored devices,
installations and uninstalls executed, in the corresponding period,
multiplied by the price offered by the provider, as
appropriate.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
The
Institution is empowered to deduct the fines that are paid from the
statements of pending payments.
The
payment, according to the supplier's offer, will be calculated
according to the following detail:
Daily
monitoring price per item
|
Offer
(net values)
|
Offer
(gross values)
|
[***]
|
[***]
|
[***]
|
[***]
|
[***]
|
[***]
|
[***]
|
[***]
|
[***]
|
[***]
|
[***]
|
[***]
|
These
values are not subject to adjustments.
To
proceed with the payment, the Technical Counterpart, regulated in
the seventh clause of this contract, must previously carry out the
approval and certification of the services. For this, the supplier
must deliver a monthly report of income and expenses related to the
continuous monitoring service and domicile, as well as the
installations and uninstallations carried out.
This
report can be made in written or digitized form, and must be
delivered to the Institution, through the computerized management
system provided by the provider, which must also allow, in real
time, to view the respective supporting records that justify the
monthly collection amount.
The
report must be delivered in a timely manner, and must contain, at
least, the following information:
a)
Installed, replaced and uninstalled devices;
b)
Devices active and monitored daily, according to the type of
technology used;
c)
Monthly payment, according to what is stated in the supplier's
offer;
d)
Fines paid in the previous month;
f)
Minutes of unavailability of the system;
g)
Everything else that has been entrusted by the Institution, related
to the correct and efficient execution of the
contract.
During
the term of the contract, the contents required in this report may
be modified according to the requirements made by the
Institution.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
Payments
will be made within the term of thirty calendar days, counted from
the presentation of the respective invoice, prior approval and
certification of the technical counterpart of the Institution, and
always, provided that the provider does not record unpaid balances
of remuneration and / or o security contributions with their
current workers or contracted workers, in the last two years, with
a maximum of 6 months, within the framework of the subsidiary
responsibility derived from said labor and social security
obligations, established in article 183-D, of the Code of Labor,
which must be accredited with the corresponding certificates,
attesting to the amount and status of compliance with such
obligations, issued by the respective Labor Inspectorate, or by
suitable means that guarantee the veracity of the status of
compliance.
In case
of registering debts of this nature, with their current workers or
with workers hired in the last two years, the first payment
statements will be destined to the payment of said obligations, and
the provider must prove that all the obligations are settled, upon
completion of the half of the contract execution period, with a
maximum of six months.
The
institution will require the supplier to comply with said payments,
for this it must present, in the middle of the period of execution
of the contract, the vouchers and forms that demonstrate full
compliance with the obligations or the certificate of labor and
social security record No. 30, granted by the Labor Directorate, a
document that cannot be more than 30 days old from its
delivery.
The
breach of these obligations by the provider will be considered
serious and will empower the Institution to terminate the contract
early.
It is
expressly stated that it does not constitute an obligation of the
Gendarmerie, nor does it assume responsibilities of any kind, if
the number of offenders to whom the telematics monitoring service
is applied is not met, based on the information provided in the
process bidding, without prejudice to the rules established for
payment in this article.
FOURTH:
TERM AND EXECUTION OF THE CONTRACT.
The
contract will have a duration of forty-one months, including the
implementation stage, and will come into effect from the date the
administrative act that approves it is fully processed, which will
be published on the website. The total processing of the act
supposes its notification, which according to the general rules,
will be understood as practiced, after twenty-four hours counted
from its publication on the portal
www.mercadopublico.cl.
However,
the extension of its validity beyond each annual budgetary year
will be subject to the existence of sufficient resources for this
purpose, in the Institution's annual ordinary budget. Therefore,
the Gendarmerie of Chile is, since now, empowered to terminate the
contract, before the original term indicated, invoking as a basis
the lack of sufficient resources in the budget year in question.
Said unilateral decision by the Gendarmerie will not imply the
payment of any sum for any concept other than the payment of the
services actually provided by the provider, until the date
indicated in the corresponding notification that the Institution
practices to make known the circumstance indicated.
Considering
the nature of the contracting and the functions of the Gendarmerie
as a public service, the provider undertakes to continue monitoring
services that
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
are
operational at the time this contract comes into effect. In
relation to this, in accordance with the provisions of the
technical bases, the provider must execute all the actions foreseen
in the implementation stage, including all the previous activities
necessary for the Commissioning of the monitoring service for the
time stipulated in the bases, and in accordance with the provisions
of the offer, especially in technical annex N ° 18 containing
the Gantt letter delivered by the supplier.
The
provider must deliver the telematics monitoring service, working
and implemented 100%, within the stipulated and offered deadlines,
complying with all that is stated in the technical bases, regarding
the implementation and Commissioning of the project. For these
effects, the system must function loosely to monitor all the
offenders in force and those who enter the system.
FIFTH:
THE ESSENTIAL OBLIGATIONS OF THE CONTRACT.
The
provider must comply with all the obligations included in the
provision of the contracted service, in accordance with the
provisions of its technical offer and the requirements of the
administrative and technical bases. Understanding as essential
obligations the following are detailed:
1. -
TELEMATIC MONITORING SERVICE.
1.1.
Monitoring system.
The
provider must provide a computer system that allows managing and
controlling the monitoring of offenders and that also has functions
that allow for administrative management control.
The
monitoring and administrative management system must have a user
maintainer, which allows managing accounts and accesses, as the
technical counterpart deems appropriate.
The
supplier undertakes to improve or update the system, in accordance
with the provisions of point 3.7, section number IX of the
technical bases.
The
system must comply with all the conditions described in the
technical bases and the supplier's offer, especially in that
described in technical annex No. 1. In this sense, the system must
comply with the following, as a minimum:
a) Be
able to identify, in real time, the place where the offender and /
or the victim is, establishing the appropriate warning mechanisms,
which allow detecting the transfer or breach of the limits
established by the judicial authority and / or those incidents that
affect the control of the offender or the protection of the
victim.
For
these effects, “real time” shall be understood as the
period of time in which the system is configured to produce the
visualization effect of the subject's displacement, understanding
that when using communication networks, technologies always carry a
certain degree of latency or intermediate time of seconds, in which
the signal is transmitted, travels, enters the software, is
processed and manifests itself on the monitoring map.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
In
accordance with what is offered in technical annex No. 1, the
system must reflect a follow-up, in real time, of less than one
minute.
b)
Provide, in a continuous and reliable way, precise information on
the location, in coordinates (GPS), within the Chilean geography,
to determine, with a tolerable margin of error, of a maximum of 24
meters, regarding mixed penalties, freedom intensive surveillance
and home confinement.
c) Have
the necessary mechanisms to detect and notify any type of attempts
to defraud or falsify the information previously
indicated.
d)
Allow the generation of exclusion, pre-exclusion and inclusion
zones; victim protection radios; and, halo of non-approach of
offender and victim, activating the respective alarms for
non-entry, exit or proximity.
It must
generate warnings, warning when the offender is about to cross an
inclusion zone, or enter an exclusion zone, or approach the victim,
crossing the protection halo, judicially established.
e)
Allow immediate communication of incidents that, in the sense
indicated in the previous letters, occur, as well as communicating
alarms and warnings to competent personnel, for the control of the
offenders that the institution will assign, as to all the people
who deem appropriate, by any means of communication.
The
alarms and warnings must be reflected in the system, after the
following lapses of time, counted from the display of the violation
in the system, as follows:
e.1.
Inclusion zone violation alarm: less than 1 minute.
e.2.
Notice of transfer to a pre-exclusion zone: less than 1
minute.
e.3.
Exclusion zone transfer alarm: in 30 seconds.
e.4.
Proximity warning of the victim to the offender: when the approach
halo set for the offender makes contact with the protection halo
for the victim, in 30 seconds.
e.5.
Approach alarm to the victim: when the offender passes a protection
radio zone to the victim, in 30 seconds.
f) The
system offered by the provider must be in a web environment,
allowing remote users, authorized by the Gendarmerie, to access the
information of the offender, their location or that of the victim.
The supplier shall provide a test environment to manage the updates
that are necessary, without generating stops or interruptions in
the normal functions of the system.
g) The
provider must document the network architecture of the
comprehensive telematics monitoring system and, in particular,
detail the connectivity parameters at the network level, the
different stages that make up the solution, and the aspects of
computer security, such as, for example, access rules and filters
at the firewall level, which will protect the system from intruders
and attacks. In addition,
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
it must
document the way in which the information will be backed up and
recovered, in the event of incidents, ensuring zero loss of
information.
h) The
proposed solution must allow uninterrupted operation 24 hours a
day, every day of the year. Mechanisms that ensure the operational
continuity of the service will be considered, according to the
offer presented. To achieve this availability, redundant elements,
power supplies, fans, mirrored disk arrangements, data links, etc.
will be used. The provider must have Tier III Hosting, in addition
to infrastructure with application backup systems and redundant
databases, as indicated in its technical offer.
i) The
system must function loosely to monitor all the offenders who enter
the system. If the number of monitored people generates
difficulties that affect the expected functionalities of the
integral system, the supplier must adopt the pertinent measures
that ensure the normal operational continuity of the system. The
proposed computer solution will allow simultaneous monitoring from
the National Monitoring Center, the Regional Simultaneous
Monitoring Center, or other places that the Service requires, with
prior authorization and access controls by the
Institution.
j) The
software must be configurable to the needs of the Institution
during the term of the contract, and must allow the following
functionalities:
j.1.
Modify the state of the warnings generated by the
devices.
j.2.
Identify and allow the use of visible and distinctive elements of
the warnings generated by the devices (colors, icons,
etc.).
j.3.
You must submit the automatic calculation of the sentence
expiration date, and allow manual modifications.
j.4. It
must allow the automatic activation of offenders who has been
suspended, either by court order or by calendar.
j.5.
It must allow to be able to program suspensions, for a determined
period of time, which must deactivate alarm drops, such as charging
for the service.
j.6.
You must generate automatic notices and alerts for offender cases
that meet some of the following conditions: suspension, end of the
control period, activations or other indication from the competent
court. In these cases, the system must have a tool that allows
reporting, through automatic reporting and sending of email, to a
group of users defined by the Institution or via
interconnection.
j.7.
The traces generated by the system must be able to distinguish
distinctively, when the elapsed time exceeds one minute, between
the last trace and the next one; and, you must discriminate between
those traces, depending on the GPS signal, cellular triangulation,
recovery of traces due to signal loss, and those that indicate
signal loss.
k) The
software system interface must be in Spanish.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
l) The
software applications must allow the hierarchy of user and
management levels through, at least, the following
profiles:
●
Viewer user
●
Operator user
●
Super administrator user
m) Must
generate work orders, manage and schedule installations,
uninstalls, technical supports, etc., in order to keep in mind and
coordinate the execution of said activities, among the different
participants in the process.
n) It
must register all the events and incidents that occur, in order to
carry out a control over them, and provide systematized
information, according to the requirements that are formulated, and
have statistics on the information generated in the
systems.
o)
The system must give full support to all the functions that emerge
from the process diagrams, according to technical annexes No. 11 to
17.
* The
functions indicated in letters m), n) and o) above must be able to
be operated by both Monitoring Centers and by the Social
Reintegration Centers of the country.
p) The
records must consider the following minimum
information:
p.1.
Individualization of the offenders: full name, RUT, sex, date of
birth;
p.2.
Individualization of the cause: substitute penalty subject to
control; court; court region; RUC; RIT; crime, according to the
crime table provided by the institution; and, data of the
victim;
p.3.
Monitoring data: Social Reintegration Center where it is
controlled; inclusion and / or exclusion zones; compliance
schedule; technical feasibility requests, indicating the result of
the report and the reasons for the non-feasibility, as appropriate;
copy of the entered sentence; installation schedules; installations
carried out; judicial decisions entered; technical supports made;
non-compliance reports; effective days of control and the days that
control was breached; uninstalls performed, indicating the reasons
for the uninstallation.
q) The
system must contain, within its functions, the creation of dynamic
reports and statistical tables, according to institutional needs,
and as established in the technical bases and as offered in
technical annex No. 1.
It
should allow the automated extraction of filtered data, according
to institutional requirements, from the different components of the
comprehensive monitoring and administrative management system, thus
classifying itself, according to its functionalities.
q.1.
Reports and statistical tables of the monitoring system. It must be
carried out based on the data of the monitoring system, the
incidents it registers, and the offender monitored, in accordance
with the following minimum requirements:
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
●
List of technical feasibility requests, having to detail the
processing status, if it is pending, rejected, approved or
sent.
●
Event log: summary report with what happened during the previous
night, indicating the warnings (pre-alarms and alarms) produced.
All this must be indicated with the time of occurrence, operator,
offenders and victim involved (if applicable).
●
Summary of offenders who registered warnings, separated by type of
sentence (partial confinement or intensive probation).
●
Offenders in a valid state in the system.
●
Offenders who registered alerts.
●
Individual report of offenders subject to night confinement, which
must detail the time of entry, time of departure and
alerts.
●
Individual report of offenders subject to night confinement, mixed
sentence and intensive probation, which must detail time of entry,
time of departure and alerts.
q.2)
Reports and statistical tables of the administrative management
system
The
system must be in a WEB environment, allowing users from regions
and local monitoring coordinators (CLM), to connect and generate
administrative management, regarding installations, uninstalls and
technical support.
The
system must allow obtaining management control data from local
coordinators, which allow measuring the workload, the states of
their processes, the reports generated by administrative tasks,
among others.
Among
the reports that may be requested are:
a) List
of installations carried out.
b) List
of uninstalls performed.
c) List
of monthly preventive and corrective maintenance visits made to the
Monitoring Center.
d) List
of relevant alarms for a given period.
e) List
of training services developed.
f) List
of other relevant activities not contained in the above and that
are part of the contractual obligations.
g)
Offenders in force in the system.
All
reports described in letter q) must include bar, line and pie
charts, with individual and aggregated data, and must be able to be
exported to standard formats, such as Excel, PDF, Word, etc., and
must indicate :
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
●
Individualization of the Offenders;
●
Details of the cause;
●
The own records of the report generated, including dates,
descriptions and / or definitions of the report's
activity.
r)
Requests for technical feasibility reports
An
administrative management, technical feasibility and statistical
reporting system must be provided, in accordance with what is
offered by the supplier and with what is established in the
technical bases, the purpose of which is to validate and submit
requests for evaluation of the monitoring; keep an individual
record of the main actions carried out by offenders; and, to be
able to extract general statistics on the operation of the system,
due to the requirements formulated by the Institution.
This
system must contemplate in its design, at least the
following:
r.1.
The provision of a WEB platform, in which the authorized subjects
will be able to formulate their technical feasibility requests to
the Institution, remotely.
r.2.
The provision of tools to carry out a prior process of validation
of the applicants, and another of evaluation regarding the
sufficiency and relevance of the information provided in the
request, for the provider to carry out the technical feasibility
monitoring examination.
According
to the merit of the validation and review that is carried out, you
can:
a) Do
not validate the application and automatically return it to the
applicant. This, in case the information provided is incomplete and
/ or inconsistent.
b)
Validate the request and send it to the provider, in order for it
to rule on the feasibility or not of monitoring specific addresses
and / or sites, based on objective technical parameters, within 24
hours of the request being made.
c)
Carry out, prior to validation, a detailed background check and
face-to-face verification, if requested, which must be submitted
within 72 hours, if necessary, as it is deemed necessary, greater
degree of precision and detail, that it is necessary to know
certain characteristics of addresses, and / or to ensure with
certainty the geographical location of the same.
A
background verification process may be required, through the
following actions:
c.1.
Attend the address in person, in order to assess physical
characteristics.
c.2.
Attach a map or photographic record, for which the technical
feasibility report is requested.
c.3.
Expressly indicate the percentage of cellular coverage insured at
the respective address.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
c.4.
Indication of particular aspects to keep in mind when ensuring
monitoring, be they geographic, housing, infrastructure,
connectivity, among others.
Once
the report has been evacuated, the Institution will proceed to
evaluate the final validation of the request for the technical
feasibility report, and must rule on it within 24
hours.
The
feasibility report may be "positive", "negative" or "not
recommended", the latter when, due to the revision referred to in
point c.3., Above, the presence of some technical circumstance that
make the inconvenience of proceeding to the monitoring, even when
you have enough cellular coverage to carry it out.
The
system must also be able to automatically evacuate the response, by
sending an email to the respective registered account.
1.2. -
COVERAGE OF THE SERVICE.
It
corresponds to the percentage of the national territory covered by
the cellular mobile data network, with mapping of maps, at the
level of street names and numbering of addresses.
The
coverage must correspond to the detail offered by the supplier in
technical annex No. 1, and in the lists and maps required in the
technical bases, and, regardless of the percentage, must cover all
the communes in the country.
National
cellular coverage must be available from the companies Movistar,
Claro and Entel, reaching a level of at least 99.4% of all the
antennas published in the country, depending on coverage,
availability and saturation. .
1.3. -
MAPS SYSTEM.
The
supplier must present a solution of maps with cartographic survey,
at the level of numbering and street names that allow the accurate
identification of private homes and specific public sites, in
accordance with what is offered in technical annex No.
1.
The
system must also include a distinctive sign that allows
identifying, at least, the following relevant places:
●
All the Gendarmerie units.
●
All current educational establishments, in the registry of the
competent public body.
●
All current health facilities, in the registry of the competent
public body.
●
All police stations and police stations and police
stations.
●
All Courts of Justice, Courts, and dependencies of the Public
Ministry.
●
Shopping centers, supermarkets, stadiums, churches, squares and
parks.
●
Other relevant public bodies.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
Maps
must be able to be customized, specifying the layers that can be
superimposed on those offered, that identify certain
places.
The
supplier must update the maps provided with the frequency offered
in technical annex No. 1, and according to the following
criteria:
a)
Ex officio, with a periodicity of four months.
b)
At the request of the party, according to the specific requirements
of the Telematics Monitoring Department, every two months or less,
in the face of the discovery of new areas and / or sites not
covered by the mapping system, with the required degree of
detail.
c)
Additionally, three requests per year are contemplated, with no
less than five points of interest in each of them.
The
updates should specifically consider the cartographic survey at the
level of numbering and street names, and of those communes that do
not yet have that level of detail, aiming to cover all the communes
of the national territory, and update, with the committed
frequency, the information on the layers mentioned
above.
This
obligation will be verified, through a procedure determined by the
Institution, respecting the general rules established in the bases,
in accordance with the provisions of article No.43 of the
administrative bases.
1.4.
– SERVICE LEVEL AGREEMENT FOR THE AVAILABILITY OF THE
MONITORING SYSTEM.
It
corresponds to the percentage of available minutes per year of the
offered system, that is, the state in which the system is capable
of monitoring, with all the hardware and software functions
installed, including the telecommunications necessary for
it.
The
supplier must comply with the availability offered, which must
guarantee an availability level of, at least, 99.93% of the
available minutes per year, on the monitoring control and display
in real time, with drop controls by alerts, and permanent
monitoring of the link network and devices, and their transmission,
which is equivalent to a maximum average of 30 minutes of monthly
unavailability.
The
system must remain 100% available during the entire term of the
contract, except for the exceptions expressly contemplated in this
contract.
The
provider shall provide access to monthly communication link
availability reports, and to all the active and available services
of the monitoring and administrative management
system.
You
must report, on line, communication drops or latencies in control,
through an external application that allows you to collect a
history of these failures, equivalent to 0.3%
tolerance.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
The
requirements, in relation to the service levels agreement to the
availability of the system, include the monitoring system itself
and the telephone service.
Each
scheduled preventive or corrective maintenance job must be
requested and authorized by the technical counterpart. The request
must be made in writing, 48 hours in advance, and may not generate
unavailability of the system, under any circumstances.
The
request for scheduled jobs must contain, at least, the following
information:
a.
Name, national identity card or passport, position, company,
contact telephone number and email of the engineers and / or
technicians responsible for the scheduled work.
b.
Purpose of scheduled work.
c.
Scope of scheduled work, indicating what stage of the entire system
it affects.
d.
Start and end time of scheduled work.
e.
Rollback actions.
It is
the provider's responsibility to coordinate such information with
subcontractor companies, so that the Gendarmerie of Chile is duly
informed regarding the scheduled work.
Failure
to comply with the service level of the monitoring system offered
implies the collection of fines, in accordance with the provisions
of clause eight of this contract and the provisions of the
administrative and technical bases, which will be measured in
accordance with the provisions of article No. 43 of the
administrative bases, in accordance with point 3.9 of the technical
bases.
1.5-
DATA CENTER.
The
bidder must have a TIER III Data Center, certified by the Uptime
Institute, which must be in the national territory, and comply with
all the other characteristics and certifications offered by the
provider, described in technical annex No. 1.
All
costs associated with the enabling or contracting of services must
be borne by the provider.
The
Data Center must save all the active equipment, servers, databases,
systems that comprise the telematics monitoring solution. The
updating of the Hardware must be ensured, maximum every two
years.
The
Data Center must provide the following functions and
characteristics:
a)
Monitoring servers with their respective licenses, exclusively
dedicated to the bidding system. Sharing of servers with third
parties is not allowed.
b)
Software with the monitoring server applications and their
respective licenses.
c)
Database engine software with their respective
licenses.
d)
Standard database system with mirrored disk arrays.
e)
Hardware necessary for data connectivity with redundant links,
which allow access to the Gendarmerie data processing, database and
backbone servers. The
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
configuration
services of routers and connectivity, as well as the enabling and
laying of cabling, fibers, connectors, etc., will be the
responsibility of the provider, as offered, ensuring autonomous
sources of energy, for a period of 8 hours or more.
f)
Firewall hardware and software that allow defining a safe area
through security policies. It must provide a physical and hardware
firewall for the servers, with support for up to 80 million packets
per second, constantly updated servers, and the latest version of
the antivirus. Protection at the data center level against
malicious attacks, in addition to a high capacity and availability
network.
1.5.1.
- COMMUNICATION ROOM WITH DATA CENTER.
The
provider must set up a communications room in the National
Monitoring Center and in the Regional Simultaneous Monitoring
Center, in accordance with what is offered in technical annex No.
1, and what is established in the technical bases.
Without
prejudice to complying with the additional elements offered by the
supplier, the minimum elements that the proposed architecture for
the equipment of processing racks and database of the room must
have are the following:
a)
Monitoring servers with their respective licenses, with exclusive
dedication to the contracted system.
b)
Monitoring server application software and their respective
licenses.
c)
Database engine software with their respective
licenses.
d)
Hardware necessary for data connectivity with redundant links that
allow access to the Institution's data servers, databases and
backbone. The configuration services of routers and connectivity,
as well as the enabling and laying of cabling, fibers, connectors,
and others, will be the responsibility of the
provider.
e)
Hardware and firewall software that allow defining a safe area
using security policies.
The
architecture must comply with the proposal, and contain as many
redundant elements as necessary, to ensure high availability, at
the software and hardware level.
The
supplier must replace, if necessary, due to failure or
obsolescence, the hardware equipment installed in the
communications room, to guarantee the operational continuity of the
contracted service, a situation that will not represent any cost to
the Gendarmerie of Chile.
1.6. -
ENCRYPTION OF THE INFORMATION.
The
provider must comply with the levels of encryption proposed in its
solution, between the devices and the monitoring system, ensuring
the highest percentage of data protection.
1.7.
– BACKUPS.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
It will
be the provider's obligation to always keep backups of the
database, with access available in permanent reading form, and with
online backup.
2. -
CHARACTERISTICS OF THE DEVICES AND IN RELATION WITH THE TELEMATIC
MONITORING SYSTEM.
The
devices used for telematics monitoring and those for victim
protection must comply with what is offered and the technical
requirements demanded by the Institution.
From
the beginning of the execution phase, each installation carried out
must be with new devices, which have the respective manufacturer's
certification, which must be presented by the installation
technician. This obligation will extend throughout the first year
of service execution.
2.1.
CHARACTERISTICS OF OFFENDER AND VICTIM MONITORING
DEVICES.
The
devices must comply with the technology and characteristics offered
by the provider and, in accordance with the technical bases, must
meet the following characteristics:
a)
Unambiguous identification. The device must enable the offender and
the victim to be identified unequivocally in the monitoring
system.
b)
Positioning of the monitoring. The device must reflect the position
of the offender and / or victim, either in the form of coordinates
or in the form of presence or absence, within a given geographical
area, according to the configurations formulated in the offered map
system. There will be areas of inclusion that will restrict the
displacement and permanence of offenders at his home, during
judicially predefined times, in the case of the penalty of partial
imprisonment.
c)
Installation of the device and manipulations. The monitoring
devices must be easy to install and adjust, and be equipped with a
tamper detection mechanism that is capable of detecting this type
of event and transmitting it to the Monitoring
Centers.
“Tampering”
is considered any attempt of improper administration, attempt to
dispose of it, opening the box containing the receiver, physical
damage to the equipment, and improper removal from the tracking
device or unit, which does not allow the optimal operation of the
service of telematics monitoring.
For
this, and without prejudice to the tampering alarm, the device must
contain, at least, a physical / material security mechanism that,
if corrupted, allows to leave irrefutable empirical evidence of its
malicious manipulation, being able to verify, visually, improper
manipulation by offenders
d)
Transmission of data. The data transmitted by the solution must, in
turn, be able to be transferred to the Monitoring Centers, through
a communication system, allowing this transfer in an autonomous
way, at least every 1 minute, and can be configured remotely so
that this transfer can be done in a longer or shorter time,
according to the needs of the Gendarmerie.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
e)
Establishment of inclusion areas. The solution must be capable of
configuring an inclusion parameter or zone, which will establish
the maximum distance or the measured radius from the location of
the tracking and reception device or unit, up to which the offender
may move away. This value must be able to be configured through the
programming carried out from the Monitoring Center.
For
GPS-based solutions, the margin of measurement error, between the
actual location of the offender and / or victim, monitored, and the
coordinates sent by the device, must be less than 24
meters.
f)
Approximate location of monitoring for eventual signal loss. In the
event that the device loses or decreases its satellite signal, a
communication system must be provided that, using assisted
geo-referencing, is capable of connecting to the mobile telephone
network, in order to allow it to identify, on a map, the
approximate location of the subject, even when the device is not
facing the sky or is in underground locations. For such purposes,
the solution must consider the use of cellular triangulation and
GPS technologies.
The
system must also include an audit and control tool for the CELL-ID
information or identifier of the cell phone base station, to which
the offender is connected, so that the system can detect the user's
location in a specific moment, even if retroactively
g)
Device characteristics. Those devices that are in permanent contact
with the body of the offender, must be hypoallergenic and resistant
to water, high operational temperatures, temperature changes,
humidity and extreme conditions. These characteristics must be
certified by recognized bodies in the field.
h)
Electric field levels. The transmitting device must comply with the
maximum electric field levels allowed by the Undersecretary of
Telecommunications (SUBTEL) so as not to generate relevant
interference with other electronic and / or telecommunications
devices. In the event that a direct connection to electrical
current is required, this should not cause excessive overheating of
the device, which may cause harm to users. These characteristics
must be certified by recognized bodies in the field.
i)
Alarms, warnings and warnings. The device, together with the
monitoring system, must be able to self-generate different levels
of warnings, within the latency margins established in the
technical bases (IX 1.1. Letter e), both for entry into exclusion
zones and for exits of inclusion zones, as well as, the zones of
pre-exclusion, and the one of approach to the victim, that allow
generating pre-alarms, which should, if necessary, be able to be
determined remotely.
The
device, together with the monitoring system, must be able to detect
anomalous circumstances in the signal transmission, which
unexpectedly reflect movements in unrealistic speeds and distances,
in terms of their actual occurrence, such as alarm jumps, and must
discriminate this circumstance anomalous of other types of
displacements and alarms that are produced by the true monitoring
action.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
j) Need
for two-way communication. The devices for those offender to
intensive probation and those for the protection of the victim must
also allow two-way communication between the offender and / or the
victim and the Monitoring Centers, through the device itself and /
or an additional device, which the offender must necessarily carry
constantly. This communication channel will be used to transmit
warnings from the Monitoring Centers and, where appropriate, to
warn the victim of the proximity to the offender, activating the
respective protocols.
k)
Storage of information on the device. The device, together with the
monitoring system, must include a mechanism for the conservation
and recovery of information. This mechanism should be able to
retrieve information retroactively in the event of faults, signal
losses, complete battery discharge and shutdown of the same, in
such a way that they reflect, with a lag, in the system, the
displacements it made during these periods and possible alarms, in
case of having violated the conditions imposed by the court,
everything, as soon as the system manages to recover communication
with the device.
l)
Battery charge level. The device must have an autonomous power
supply system, information on the state of charge of the battery
and an alert to the Monitoring Centers, when the state of charge of
the battery is low.
m)
Alarms. The device, together with the monitoring system, must
transmit alerts and alarms to the Monitoring Centers, when the
offenders exceeds the limits established in the respective
resolution, for their movement, or those limits established in the
action protocols of Gendarmerie, aimed at avoiding a potential
failure to comply with the sentence or those circumstances that
affect the control of the sentence, through telematics
monitoring.
n)
Detection of fraud attempts. The device must detect and report to
the system, attempts from external sources that produce illegal
interference (Jamming) or malicious blocking (shielding) of the GPS
signal, trying to defraud the functionality of the
device.
ñ)
Sanitation processes. The device must be capable of undergoing a
sanitization process, after each uninstallation, in order to be
able to be reused, in accordance with the reuse parameters
established in the technical bases.
o)
Characteristics of the clamping mechanism. The clamping mechanism
or, where appropriate, the strap that the device has, must be, at
least, plastic, hypoallergenic, industrial grade, lined, whose
material composition does not allow easy deterioration or breakage
with simple cutting tools of common use and nature, according to
the technical description of the products, offered in the technical
offer, accessories catalog and home device.
p)
Weight. They may not weigh more than 200 grams, for which their
accessories will not count. Likewise, the size must allow its easy
concealment in any of the extremities that is
installed.
q)
Certifications and backup cellular coverage on the device. There
must be homologation certificates, issued by entities validated by
the competent authority (SUBTEL), which certify that the device has
a multi-frequency band with commercial bands, from the different
telephone service provider companies in
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
the
country (OMR), that have their own network and that offer telephony
services through it.
The
monitoring device for intensive probation and victim protection
must have at least one cellular signal chip. Notwithstanding this,
the devices may have more than one cellular signal chip from
different companies, in order to ensure cellular coverage of the
service.
r)
Useful life and reuse. The devices must have the useful life
offered, however, one year after their first installation, they
must be replaced by a new one, when the first technical support
occurs as a result of failures, which relate to causes of signal
loss or failure in voice communications or data
transmission.
If,
after a year of use, there are evidences of failures that motivate
the realization of 3 technical supports, as a result of signal
losses or shortcomings in voice communications or data
transmission, the device must be decommissioned and replaced by a
new one.
The
technical counterpart may require the provider, covered by
qualified reasons to ensure good service and avoid incidents of
public connotation, the installation of a new device, mainly in
cases of intensive probation and protection of the
victim.
s)
Device identification code. Each device must have a unique
distinctive registration code, serial number or enrollment, for the
purposes of its individualization and monitoring of its usage
history.
t)
Recharge time and operating autonomy. The recharge may not extend
for more than one continuous hour, and must ensure 48 running hours
of autonomy of the device.
The
recharge of the device intended for monitoring partial seclusion
may not be extended for more than 2 continuous hours, ensuring at
least 72 running hours of autonomy of the device.
2.2. -
SPECIFIC CHARACTERISTICS OF THE DEVICE FOR THE VICTIM.
In
addition to the characteristics mentioned above, the device for the
victim must consider, in accordance with article 23 bis of Law No.
18,216, the following minimum technical requirements:
a.
Allow in the monitoring system, unequivocally, the knowledge of the
victim's location, visually distinguishing on the map the victim's
last position. The system must reflect, at all times, its location,
and generate a halo around it, adjustable in meters.
b. The
device, together with the monitoring system, must warn the
proximity to the offender, in accordance with pre-established
parameters with the Institution.
c. The
device, together with the monitoring system, must allow the
knowledge and visualization of the exact location of the victim
within the national territory, and the communication of their
position to the Monitoring Center, through some technological means
other than voice, such as text messages with location map sending,
their combination, or any other development that improves their
functionality.
d.
Allow two-way communication between the victim and the Monitoring
Centers.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
e.
Allow the system to emit a noticeable signal at the Monitoring
Centers, in the event of proximity between the offender and the
victim (S.O.S. alarm)
*
Certifications common to all devices:
The
devices to be installed in the home of the offender, the body of
the offender or the victim, must use a wireless data transport
network to communicate with the Monitoring Centers. In case of
using the GPRS cellular data network, a dedicated APN must be
created in the Core MPBN of the mobile operator associated with the
offeror, and have at least one level of data encryption, either at
the device level, and / or on the communication channel, and / or
end-to-end encryption, etc. The provider must detail their security
levels throughout the communication section.
The
resistance of the devices must be internationally certified,
according to degrees of protection, through the ANSI / IEC
60529-2004 Degrees of protection standard, DIN 40050-9 standard or
its equivalents.
2.3. -
INSTALLATION, SUPPORT AND REMOVAL OF DEVICES.
A
comprehensive solution must be provided to achieve the proposed
objectives, considering performing the technical feasibility
certification, installation, technical support and removal of the
monitoring devices, together with the Gendarmerie, throughout the
national territory. This service must consider, at
least:
a. -
The “technical feasibility certification”, which will
consist of the issuance of a document, called the “technical
feasibility certificate”, indicating the possibility of
supervision of the offender, through the contracted telematics
monitoring system. In case the result is negative, said certificate
must be founded.
b. -
The supply, installation and removal of the required devices, for
the implementation of the system, in a timely manner, in accordance
with what is required in the bidding conditions and what is
offered.
c. -
Provide permanent technical support, remotely, through professional
support, in the event of failures that arise in the handling of the
devices. If the solution of the damage is not possible, the
supplier must proceed to make the repairs in situ.
For the
device installation process, the provider will be accompanied by an
official designated by the Institution. In the event that the
technology offered requires an installation to be carried out at
the offender´s home, the provider must provide the necessary
transportation to mobilize his or her staff together with the
Gendarmerie official, from the respective Social Reintegration
Center to the home of the offender, and from the latter to the
Center for Social Reintegration. The costs associated with this
transport will be borne by the provider.
For the
installation of each device, the following instructions must be
considered:
1. -
See Technical Annex N ° 12, attached to the bases
“Application process and technical feasibility analysis for
the installation of a telematics monitoring
device”.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
2. -
See Technical Annex N ° 13, attached to the bases
“Process for the installation of a telematics monitoring
device in the offender´s home”.
3. -
See Technical Annex No. 14, attached to the bases
“Installation Process of a telematics monitoring device for
the victim”.
To
control compliance with the sentence, the following instructions
must be considered:
1. -
See Technical Annex No. 15, attached to the bases “Process
for controlling the penalty of partial
imprisonment”.
2. -
See Technical Annex No. 16, attached to the bases “Process of
control of the sentence of intensive probation”.
3.-See
Technical Annex Nº 17, attached to the bases “Process
for controlling the end of the monitoring and removal of
devices”.
2.4. -
Maximum response time for assists.
The
provider undertakes to maintain a remote assistance response time,
between 2 to 2.5 hours, and face-to-face assistance, between 12 to
23.5 business hours, a period that will count from the time the
formal request is made, in any part of Chile, to provide technical
assistance, such as installation, uninstallation, replacement of
devices and technical support in case of failure, among
others.
Technical
feasibility reports must be delivered between 12 and 23.5 business
hours, since the request is made.
The
installations, replacements and withdrawals of devices must be made
between 24 and 47.5 business hours from the request is
made.
Business
hours shall be understood as the corresponding business days, in
accordance with the provisions of Law No. 19,880 of
2003.
3. -
Authorization of the National Monitoring Center and the Regional
Simultaneous Monitoring Center:
The
supplier must enable the National Monitoring Center and the
Regional Simultaneous Monitoring Center, in accordance with the
provisions of technical annex N ° 6, with all the technical
requirements established in the technical bases and its annexes,
and complying with all other contemplated characteristics in your
offer.
This
obligation must be fulfilled from the delivery of the units
provided by the Gendarmerie.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
The
National Monitoring Center will be located on Rosas Street No.
1,274, second floor, Santiago commune, Metropolitan Region, and the
Simultaneous Monitoring Regional Center, at Panamericana Norte
Kilometer No. 40, former prison of Puerto Montt, commune of Puerto
Montt, Los Lagos Region.
The
latter center will operate continuously and simultaneously with the
National Center, focusing on the monitoring of offenders from a
reduced number of regions, in accordance with the guidelines issued
by the technical counterpart.
This
operation may change to national coverage, 100% of the continental
territory, in the event of catastrophes or other circumstances
qualified by the Institution, which affect, hinder or impede the
normal operation of the National Center. For these purposes, an
action protocol will be signed, and the provider must arbitrate all
means for the normal maintenance of operations.
The
authorization of these centers must comply with the design proposed
in the technical offer and that required in technical annex No. 6,
regarding the uses of spaces and furniture, which will be supplied
by the supplier.
3.1. -
Number and characteristics of Hardware and software of the National
Monitoring Center, Regional Center of Simultaneous Monitoring and
Social Reintegration Centers.
The
provider must permanently maintain the necessary technology and
physical support, equipment, licenses and data link to perform the
functions of telematics monitoring of offenders and
victims.
You
must implement the National Monitoring Center, for 30 operators and
5 supervisors; the Regional Center for Simultaneous Monitoring, for
18 operators; and, enable an individual PC for each of the 38
Social Reintegration Centers, all in accordance with the
requirements described below:
Operator
Computers
In
order to efficiently administer and operate the system, the
following equipment must be provided and kept in permanent
operation, which must comply with all the specifications offered by
the supplier in technical annex No. 1:
●
38 personal computers (PCs) with 27-inch screens, for the National
Monitoring Center;
●
18 personal computers, with 27-inch screens for the Regional Center
for Simultaneous Monitoring;
●
40 personal computers (PCs), with 27-inch screens, for each of the
Social Reintegration Centers;
●
3 tablet with monitoring application for remote supervision
(Samsung 7”), for the National Monitoring
Center.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
All
computers must have access to mobile internet or fixed network at
least 2GB speed.
If the
creation of new Social Reintegration Centers is arranged by the
competent authority, the provider must deliver a personal PC for
each one of them, with a maximum of 6 additional teams to the
indicated amounts.
They
must include all the hardware facilities that are deemed
convenient, to make the task of the operators more efficient and
effective, considering, for this, not only functional aspects, but
also ergonomic aspects (example: physical arrangement of the
equipment on the work stations). Work, seat comfort, etc.), due to
the levels of concentration and time that operators must dedicate
to this work, having to endure the requirements that the
Institution makes in this matter during the term of the
contract.
Operators'
computers must have the necessary slack in their hardware,
incorporate Windows operating system, Microsoft desktop software
(text editor, spreadsheet and email), and include upgradeable
anti-virus software. All these software’s must be installed
with their respective license.
Software.
The
software must comply with all the specifications detailed in the
offer, be of a professional level or higher, have up-to-date
licenses, and consider the Office 365 alternative with
SharePoint.
All
licensing must be delivered in the period of migration and
infrastructure enablement.
Printers.
The
supplier must deliver to each Monitoring Center, at least one
monochromatic multifunction printer, with network connectivity of
at least 45 pages per minute, with a minimum scanner of 80 pages
per minute, which allows the digitization of sheets, in letter and
legal format, and must be able to scan emails in PDF format. In
addition, a 23 pages per minute color LED laser printer, up to
2,400 X 600 pixels.
The
delivery of necessary supplies and toner must be considered, for
the multifunctional, minimum, the equivalent of 10,000 pages, in a
month; and, for the printer, a minimum of 2,000 pages, in a month,
in addition, to include maintenance, support, replacement of parts,
and even change of machines, if necessary.
3.2. -
GENERAL VISUALIZATION SYSTEM OF THE CENTERS.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
The
supplier must supply, install, configure and maintain permanently
operational, for the National Monitoring Center, 2 65-inch, 4K
televisions, equivalent to 4 full HD, and one 85-inch, 4K, full HD,
with input for PC, HDMI input, component video input and USB
connection.
According
to what is offered, they must have a content transmission system
via connect Pro, which allows projecting any PC of the Monitoring
Center by network on televisions, video Walls and
projectors.
You
should consider that these monitors will be on 24 hours, every day
of the year.
In all
televisions, a connection must be provided that allows the
projection of the image to at least one computer equipment per
television, in addition to hiring a TV service. Cable with at least
a basic channel grill, for the entire duration of the
contract.
For the
Regional Center, at least one television with similar
characteristics to those previously indicated (65 inches, 4K,
equivalent to 4 full HD), content transmission system via Connect
Pro, brand Kramer, must be supplied.
In
addition, the supplier must supply, install and configure a
multimedia projector and a curtain for each of the centers. Each
projector and curtain must meet the following minimum
requirements:
a)
Multimedia projector that supports a resolution of at least
1920x1080 pixels of 3,000 lumens Full HD Epson and two 2.40 X 1.80
meter electric backdrops. It must allow an image to be projected at
least 180 cm wide, with clarity, with video input ports (RCA
connector), RGB port (15-pin mini sub). The projector must be
configured to project the visualization from any PC of choice, from
the operator room.
b)
Minimum projector lamp life of 3,000 hours, with their respective
replacement lamps.
c) The
projector must be installed, for which the supply of the support
structure and its installation must be considered.
d)
Seamless opaque white wall curtain, which should be located in the
center of the wall where the images will be projected.
3.3. -
TELEPHONE CENTER.
The
provider must provide and maintain a telephony service for both
Monitoring Centers in accordance with the specifications
established in the bidding rules and in its technical offer, which
has at least 35 telephone equipment for the National Monitoring
Center, and 18 equipment for the Regional Center for
Simultaneous
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
Monitoring,
and that allows operators to carry out national internal
communications to fixed and mobile networks.
You
must have two telephone annexes for communication with Carabiners
of Chile, as part of the service and the network.
The
service must have, at least, everything established in point 3.3 of
section number IX, of the technical bases.
In the
event of a power cut, the telephone service must have a minimum
autonomy of 15 minutes through UPS; the system and all its
components must be connected to the backup electrical network
provided by the generator.
3.4. -
CALL RECORDING SYSTEM.
The
system must comply with the requirements of the technical bases,
and other additional characteristics contemplated by the supplier
in its offer.
For
voice communications, the system must record all the communications
established in the Monitoring Center, for which the provision and
installation of an audio recording, editing, reproduction and
administration system that complies with the functions and
characteristics indicated in point 3.4 of section number IX, of the
technical bases.
The
storage period of the backed up audio files will be the duration of
the contract. Before the end, the Institution will be able to
migrate the stored audio files and extract them to the format that
the system must have, allowing and facilitating said
procedure.
3.5. -
SATELLITE TELEPHONY SYSTEM.
According
to what is offered, the supplier must deliver a total of seven
satellite telephones, which comply with all the characteristics and
specifications indicated in the bidding conditions and technical
offer of the supplier, with an active balance of 12 continuous
hours in each device, to be used in emergency or disaster calls. A
satellite phone will be delivered to Carabiners of Chile, in order
to ensure communication through it with CENCO.
Additionally,
coaxial cable installations and base stations are added to allow
coverage while inside the Centers and / or in the buildings they
operate.
The
cost of maintaining the satellite telephone service will be borne
by the provider, during the term of the contract. The balance must
be available again at the end of the emergency.
The
satellite phone system must comply with the technical
characteristics offered by the provider, without prejudice to the
minimum specifications and accessories indicated in point 3.5 of
section number IX, of the technical bases.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
3.6. -
RENEWAL OF THE HARDWARE EQUIPMENT INSTALLED IN THE MONITORING
CENTERS.
The
supplier must replace, if necessary, due to failure or
obsolescence, the equipment, to guarantee the operational
continuity of the contracted service, a situation that will not
represent any cost for Gendarmerie of Chile.
3.7. -
SYSTEM UPDATES.
The
provider must have developers to update the system. Updates of the
monitoring and administrative management systems must be carried
out for a minimum of 600 hours, in the first year of the
contract.
The
following years, updates will be made if requested by the provider,
tending to be the minimum, or when the Institution requires it, if
necessary and as available.
3.8. -
MEASUREMENT IN FAULT OF TIMELY TRANSMISSION OF DATA (OFFLINE
DATA).
The
provider must provide a timely measurement of data, for each
device, during the respective measurement period, through an
application or system that allows reporting the amount of data
online and offline, recording the time lag with which they were
received. , distinguishing from each other, in different
colors.
The
report must contain filters, serial numbers of the devices, names
of the offender, and must be issued in a period of time convenient
for the Institution.
3.9. -
REQUIREMENTS FOR THE APPROPRIATE AUDIT IN ACCORDANCE WITH SERVICE
LEVELS.
The
Institution will have procedures and / or tools for the inspection
of the services provided, in accordance with the provisions of the
administrative bases, distinguishing with respect to the following
levels of service, as regulated in point No. 3.9 of the technical
bases:
a)
Availability of the service;
b)
Measurement of the timely transmission of data from the telematics
monitoring service (offline data);
c)
Pre-billing for installation, uninstallation and monitoring
days;
d)
Manuals;
e)
Training;
f)
Regional Center for Simultaneous Monitoring;
g) Map
update;
h)
Technical feasibility reports;
i)
Maintenance of equipment;
j)
Satellite phones;
k)
Labor obligations;
4. -
REQUESTED SERVICE LEVELS (SLA).
Every
time a request is made, from any session, that requires a service
from the
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
provider,
it will be registered in a project management control system, which
must contain an incident monitoring service.
For
each item of the service, it will be necessary to generate a
project to support the device, unavailability of the system,
maintenance, the telephone exchange, the security cameras, and the
biometric registry of access doors.
In the
event of an incident, the provider must have a call center, every
day of the year, where incidents will be recorded. It will be the
supplier's responsibility to register the ticket, and then inform,
by email, a detail of what is registered with all their data, and
in the manner indicated in point No. 4 of item number IX, of the
technical bases.
The
incident registration system must be in a web environment, being
possible to access it, from inside or outside the
Institution.
The
application must be provided, installed and configured by the
provider, on a server arranged by him, giving himself the necessary
accesses to be able to obtain reportability and follow-up of
incidents.
4.1. -
Support and assistance on site.
The
provider must provide support and assistance, available
permanently, 24 hours a day, every day of the year. The support
must be oriented to:
a)
Support of the monitoring system, device, telephone service,
security cameras and biometric registration of access
doors.
b)
Support to the operators and supervisors of the Monitoring Center
and, in general, to Gendarmerie personnel who require
it.
c)
Programming and supervision of preventive and corrective
maintenance activities.
d)
Other functions to be defined during the operation of the
Monitoring Center.
For
these functions, regardless of the support and assistance system
that is designed, there must be a professional official from the
provider, preferably a computer engineer, who is available 24 hours
a day in the Monitoring Center, and who has the capabilities to
resolve any event of the agreed upon levels of service, in addition
to dealing with eventual failures of an urgent nature or other
similar requirements.
4.2. -
Repair and replacement of equipment in the event of
failure.
The
bidder shall repair and replace, by original and new parts and
pieces, the equipment and accessories delivered as part of this
service, when necessary.
4.3. -
Terms for the installation, replacement, removal and technical
support of the devices.
a.
Gendarmerie will inform the supplier of the requests for
installation and / or removal or replacement of the devices at
least 48 hours before their execution. This implies that you must
be prepared, within said period, to be able to attend where the
Gendarmerie requests within the period offered for
face-to-face
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
assistance,
that is, within a period between 24 and 47.5 business hours. In
case of no-show, the corresponding fines will be
applied.
b. In
the event that the device requires technical support, the provider
will have a maximum period of 2.5 hours to solve the problem
remotely, counted from when the Gendarmerie or the same provider
notifies the problem. Weekends and legal holidays are excluded. In
the event that the remote support does not solve the problem,
within the indicated period, the provider must inform the
Gendarmerie and the corresponding fines will be
applied.
c.
Regarding the request for the technical feasibility report for the
installation of a telematics monitoring device at the domicile of
the offender, the supplier must review and validate if there is
technical feasibility, reporting the response online, through the
WEB portal, within a maximum period 23.5 business hours. Since the
consultation on the portal has been made, delivering the respective
feasibility report.
If
prior to validation, review and verification actions are required,
the provider will have a period of 72 hours to report on the result
of its review process.
d. In
the case of telephone services, the response time to solve the
problem, remotely, will be a maximum of one hour, counted from when
the Institution or the provider has notified the problem. If the
remote report does not solve the problem within the deadline, you
must go to the field and give a solution in the maximum time of two
hours.
e. If
the services of security cameras or biometric reader in security
doors have problems, the time to evaluate remotely will be 3 hours,
if you do not solve the problem within the next 2 hours, you must
go to the field and solve the incident.
4.4. -
Preventive and corrective maintenance service.
The
maintenance service must be carried out monthly or every two
months, according to what is offered by the supplier in technical
annex No. 9.
The
provider shall deliver to the technical counterpart of the
Institution, the planning of the preventive maintenance services
and a monthly report of the preventive and corrective maintenance
services carried out the previous month, on the first business day
of each month. Strict compliance with the dates planned by the
contractor will be required.
In the
case of equipment installed in the communications room of the
Monitoring Center, a schedule of maintenance services must be
delivered on the first business day of each month.
Any
modification of these schedules must be informed and justified to
the technical counterpart for their authorization.
Preventive
Maintenance.
Each
technician participating in the maintenance procedures must sign a
confidentiality commitment, which must be delivered by the provider
to the Institution's technical counterpart.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
The
supplier must prepare forms for carrying out preventive maintenance
services in each system. Once the maintenance work is completed,
the corresponding tests must be carried out to ensure the
continuity of the service.
The
forms must contain, at least, the following
information:
●
Name of the technician who performs the maintenance
service;
●
Date and time of entry or start of maintenance work;
●
Date and time of completion of maintenance work;
●
List of all the tasks carried out, indicating the status before
maintenance and the final status after maintenance, and the
respective observations of each task.
If
maintenance considers the task of measuring values, for example,
percentage of use of the File System, they must be recorded in the
form, which must also contain the range of values
allowed for each of them.
If
there are forms delivered by third parties, the provider must
complete them, attaching the report of the external third party
that performs the maintenance, to the maintenance report that will
be submitted to the Institution.
Gendarmerie
reserves the right to attend preventive maintenance services
carried out in the field.
The
provider will be responsible for updating the topology diagrams of
each system, if modifications are made to them. These updates must
be delivered no later than one day after the changes have been
made.
Any
maintenance work that is required to be carried out and that
involves a subcontractor must be supervised continuously and in
person by technical personnel authorized by the supplier. The
authorization to enter the Monitoring Center that is being subject
to the maintenance of subcontractor personnel must be previously
requested from the Gendarmerie.
The
Gendarmerie will have the right to withdraw the entry permit of a
supplier's worker or any subcontractor, in which case they must
substantiate their decision, without prejudice to the provisions of
article No. 44 of the administrative bases regarding the right of
veto. Likewise, you will have the right to request the replacement
of the personnel. This will be applicable when you are not
satisfied with the service provided by a provider
worker.
The
provider may not connect remotely to any of the data networks of
the Monitoring Centers, without prior authorization granted by the
Gendarmerie.
All
access to reading, operation or modification of any system or
database of the Monitoring Center or equipment installed in the
communication room, must be previously authorized by the
Gendarmerie.
Preventive
maintenance report.
The
general maintenance of the system must comply with what is offered
by the supplier, and as a minimum, with the aspects indicated in
technical annex N ° 9, attached to the bases “general
requirements for the execution of maintenance services” and
technical annex N ° 19 “preventive maintenance procedure
of the communications room and monitoring
centers”.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
For the
specific maintenance of computer systems, you should take as an
example of a report, technical annex N ° 10, attached to the
bases “monthly report of alarms and performance of the
hardware and software of the monitoring
platform.”
Corrective
maintenance report.
All
equipment repairs should be carried out according to the original
manufacturer specifications.
The
supplier must generate a corrective maintenance report every time
an action of this nature is carried out. This report must be
submitted no later than 48 hours after the failure, which must
contain, at least, the following information:
●
Place, date and time;
●
Responsible for the repair procedure;
●
Fault description;
●
Cause of malfunction;
●
Technical solutions adopted (repair, replacement,
etc.);
●
Post-repair system performance level.
Gendarmerie
reserves the right to attend corrective maintenance services
carried out in the field.
4.5. -
Updating and / or modifying the system.
When
requesting an update or change in the system, the supplier must
comply with the procedure and deadlines stipulated in point N
° 4.5 of section number IX, of the technical
bases.
5. -
Technical feasibility management report procedure.
The
provider must have a WEB system, which can be the same as the
monitoring system that allows administrative management as
indicated in the technical bases. This system must be operational
at all times, every day of the year, and must allow the
registration of everyone, to generate requests for technical
feasibility reports.
Requests
must be answered by the provider, through the system, within 23.5
business hours from the validation of the request.
The
general procedure for managing requests for technical feasibility
reports will be that regulated in point No. 5, section number IX,
of the technical bases, and the forms described in said numeral
must be used.
6. -
Training and manuals:
It will
be the sole responsibility of the provider to guarantee specialized
training to the personnel of the Telematics Monitoring Department
of the National Monitoring Center, the Regional Center of
Simultaneous Monitoring and the local monitoring coordinators (CLM
in Spanish) of the Social Reintegration Centers (CRS in Spanish) of
the country, from the start and continuously throughout
the
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
provision
of the service, always in collaboration and under the supervision
of the corresponding Department.
The
provider undertakes to carry out unlimited training for the CM in
Santiago, when required by the Gendarmerie, and to agree for the
CMRS (Regional Center of Simultaneous Monitoring) in Puerto Montt.
In turn, it undertakes to provide all the on-line (remote) training
that is required of it, for all personnel that perform functions at
the national level in the electronic monitoring of offenders. The
trainings will be carried out after coordinating activities with
the Head of the Telematics Monitoring Department.
The
technical counterpart, when there are well-founded reasons for good
service that warrant it, may extend the training to the personnel
of other entities dependent on the Institution, as well as other
public institutions that by their nature are related to the
Telematics Monitoring Department in these matters.
100% of
the staff of the Telematics Monitoring Department must be trained
at the initial moment of the provision of services. This training
may not last less than 40 hours, owing 30% of the total hours, to
be devoted to the subjects indicated in point 6.3 of section IX of
the technical bases. For these purposes, it is estimated that the
Telematics Monitoring Department will have a staff of approximately
150 officials to train.
In
addition, in order to maintain an adequate provision of the
service, initial training must be provided, in the terms indicated
in the preceding paragraph, to new officials who serve in the
Department.
All
costs associated with the training activities, including travel
costs to regions to carry out training in the CRS, will be borne by
the provider, except for those related to the transfer and
residence of the officials to be trained
6.1. -
Subjects to train.
Gendarmerie
personnel must be trained in the following specified
matters:
a.
Training of operators regarding the platform and monitoring
system.
b.
Training for local monitoring coordinators regarding the
installation / uninstallation of mobile devices.
c.
Training regarding the administrative management system, technical
feasibility and statistical reporting.
d.
Training regarding the computerized system for registering and
automatically storing information regarding the operational and
administrative management of the contract.
e.
Descriptive training on the procedures for using the following
elements:
●
Telephone exchange and satellite telephones.
●
Administration of the access control system.
●
Air conditioning and climate system.
●
Anti-fire system.
●
Generator set and backup batteries.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
Training, operation
and problem solving manuals must be delivered for each of the
topics specified in the previous paragraph, in accordance with the
provisions of technical annex No. 7 of the bidding
conditions.
The
delivery of the manuals must be carried out within the period
established in the Gantt Letter presented by the
supplier.
6.2. -
Training agenda.
The
supplier must prepare the training as offered and in accordance
with the provisions of technical annex N ° 7, “proposed
agenda for training and deliverable manuals for operators of the
monitoring platform”, and technical annex N ° 8, which
establishes the “proposed agenda for training and manuals for
installers of mobile and fixed devices”, both attached to the
bases. In addition, you should consider training software tools or
statistical, administration and job management
modules.
You
must deliver a printed manual, of each chapter, to each one of the
participating students and its corresponding electronic version
(PDF, WORD, or other, on 5 replicated CDs and a pendrive), being
able to add more topics, if you deem it necessary. In addition, you
should consider training in the statistical, administration, and
job management modules.
6.3. -
Other matters to consider.
Communicative
skills.
In
order to achieve an efficient and persuasive domain in the handling
of verbal expression techniques, a diction and communication course
should be considered for the operators and supervisors of the
Monitoring Centers.
Conflict
and crisis management.
The
training plan should consider the training of the operators and
supervisors of the monitoring system, aimed at acquiring knowledge,
techniques and strategies, which allow it to minimize the impact of
any contingency, generated by emergency situations and / or crises.
This training must provide competencies and skills that allow
operators to respond, promptly and professionally, to emergencies
that arise due to their function.
The
agenda of communication skills training, conflict and crisis
management, will be agreed between the provider and the
Gendarmerie.
6.4. -
Language of training and manuals.
The
training and manuals must be delivered in Spanish. The use of
technical initials and acronyms in English is allowed, which must
be explained in a glossary of technical terms.
In
addition to the manuals delivered to each student in each course, 2
copies of quick reference manuals for troubleshooting
(troubleshooting) must be delivered for each of the subjects to be
trained. Likewise, the set of backups must be delivered in
electronic format (PDF, WORD, or other) on 5 replicated CDs and on
a USB stick.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
6.4. -
Place of training.
The
trainings will be carried out in dependencies provided by the
provider, without prejudice to the fact that they may also take
place in authorized spaces of the Institution.
You
must have all the materials and laboratories necessary to carry out
the required training, and consider a 20-minute coffee break (tea,
coffee, mineral water, juice and cookies), mid-morning and
mid-afternoon, during each day of the training
provided.
6.5. -
Evaluation of the training teacher.
The
training teacher will be evaluated, at the end of the course, by
his students, through a survey, which will measure:
a. Ease
of explaining concepts;
b. Use
of practical examples;
c.
Level of handling of the subjects that it exposes;
d.
Level of motivation for students to actively participate in
classes.
In case
the teacher evaluation survey shows less than 70% satisfaction, the
provider must repeat the course and assign a new
trainer.
6.6. -
Training certificate.
A
certificate of participation must be delivered, in each of the
trainings, when the student registers an attendance greater than or
equal to 80%.
SIXTH:
FAITHFUL GUARANTEE AND TIMELY COMPLIANCE WITH THE
CONTRACT.
In
order to confirm the faithful and timely fulfillment of this
contract, the supplier has delivered the following guarantee
documents:
1.-
[***].
2.-
[***].
If as a
result of the time elapsed during the processing of this contract
before the Comptroller General of the Republic, the guarantees
provided lose the minimum validity required in the bases, these
must be renewed, extended, or new guarantees must be delivered,
which comply with all the established conditions. in article 33 of
the administrative bases, and that contemplate the minimum term of
validity required, that is, equivalent to the term of the contract,
increased by 180 calendar days, which must be verified within 30
days from the date publication of the resolution approving this
contract fully processed.
The
guarantees will be returned once their respective terms of validity
have expired, provided that the technical counterpart has certified
their total conformity with the provision of the contracted
service, and the fulfillment of the labor and social security
obligations of the supplier's workers is duly
accredited.
The
guarantees may be presented for collection, without distinction,
when the supplier does not comply with the obligations indicated in
this contract, which
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
contains
those established in the administrative and technical bidding
conditions and the conditions offered by the supplier.
In the
event that companies or any of the guarantees of faithful and
timely fulfillment of the contract are collected, due to the
application of one or more fines, the supplier must renew said
guarantee or deliver a new one, in order to keep the original
amounts indicated in this clause, which always requires a
correspondent at least 15% of the total value of the contract,
including taxes.
The
deadline to comply with this obligation will be five business days,
counted from the time the provider receives the payment for the
original document or documents.
SEVENTH:
COORDINATOR OF THE CONTRACT AND TECHNICAL
COUNTERPARTY.
The
provider names [***], as the coordinator of the contract, who will
act as a valid interlocutor with the Institution's technical
counterpart.
In
carrying out his task, the contract coordinator must, at least,
carry out the following actions:
a)
Represent the supplier in matters related to the execution of the
contract.
b)
Coordinate the actions that are pertinent to the operation and
fulfillment of the obligations of the contract.
c)
Report all situations that could affect the proper operation of the
contracted service, within 24 hours after they occur, without
prejudice to the responsibilities that the provider may
incur.
d) Has
a cell phone destined for this purpose, and be available
twenty-four hours a day, from Monday to Sunday.
Any
change regarding the contract coordinator must be informed by a
legal representative of the supplier, in writing, at least five
days before the change is made. The information should be directed
to the Gendarmerie technical counterpart. The Institution will
formalize the change, through the corresponding administrative
act.
The
technical counterpart of Gendarmerie of Chile will be made up of a
collegiate entity, called the “Technical Counterpart
Commission”, which will be in charge of relating to the
supplier for the faithful and timely fulfillment of the
contract.
The
Technical Counterpart Commission will be made up of the Head of the
Telematics Monitoring Department, who will chair it, and a
technical commission of officials. In case of absence or
impediment, the President will be subrogated by whoever
corresponds.
The
technical commission will be made up of the following Chilean
Gendarmerie officials:
1. - A
representative of the National Director;
2. -
The Deputy Director of Administration and Finance, or whoever he
designates on his behalf;
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
3. -
The Deputy Director of Social Reintegration, or whoever he
designates in his representation;
4. -
The Operational Deputy Director, or whoever he designates on his
behalf;
5. -
The Head of the Prosecution Unit, or whoever he designates on his
behalf;
6. -
The Head of the IT Department, or whoever he designates on his
behalf;
7. -
The Head of the Department of Technovigilance and
Radiocommunications, or whoever he designates on his
behalf;
The
Technical Counterpart Commission will have the following
functions:
a)
Decide on the correct execution of the service, each time it is
called by the relevant authorities;
b) To
pronounce on the origin of the application of fines, within the
framework of the procedure established in chapter X, of the
administrative bases, and what is regulated in clause eight of this
contract;
c)
Decide on the early termination of the contract, in accordance with
the provisions of chapter XV of the administrative bases, and the
provisions of clause ninth of this contract;
d) The
others entrusted by the bidding rules.
The
president of the technical commission will have the following
functions:
a)
Supervise, coordinate and supervise the proper fulfillment of the
contract and all the aspects considered in the bases, ensuring the
faithful, complete and timely fulfillment thereof;
b)
Communicate, by any means, with the contract coordinator, giving
him formal and substantive observations regarding the development
of the service provided;
c) To
inspect that the execution of the service strictly adheres to what
is indicated in the administrative and technical bases, to what is
offered by the provider, and the other antecedents that govern the
contracting;
d) To
ensure the correct development of the contract, informing, by
letter, the Logistics Department and the Accounting and Budget
Department, in case fines should be applied, for their discount of
the respective payment statements or of the guarantee of faithful
compliance , as appropriate;
e) Give
approval and reception according to the services, processing
payments, as appropriate;
f)
Maintain permanent control over the execution of the services,
through any means or form that is suitable for these
purposes;
g)
Authorize in writing, adjustments to the project;
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
h)
Address and resolve relevant or emerging situations, not considered
in the contract or in the administrative and technical
bases;
i)
Exercise the right to veto established in clause No. 16 of this
contract;
j) The
others entrusted by the administrative and technical
bases.
In
relation to the provisions of letter e) above, it will correspond
to permanently endorse the execution of the service and,
consequently, request payment thereof, in accordance with the
provisions of the third clause of this contract.
The
supplier must grant all the facilities intended for the execution
of the control and supervision functions of the technical
counterpart of the Gendarmerie of Chile.
EIGHTH:
FINE FOR NON-COMPLIANCE.
When
the technical counterpart detects a fact constituting
non-compliance, which leads to the application of a fine, it will
promptly communicate said situation to the supplier, in writing,
who will have a period of five days to prepare a technical report
of the incident and, where appropriate make your
discharges.
The
aforementioned report should be addressed to the Head of the
Telematics Monitoring Department, in his capacity as president of
the Technical Counterpart Commission, and delivered materially to
the said Department's secretariat.
In
these discharges, the supplier may assert all the rights that Law
No. 19,880, of 2003, recognizes as an interested party in an
administrative procedure, being able, by way of example, to propose
the actions or measures that it deems necessary, as well as,
request or accompany the means of evidence that it deems
appropriate.
The
technical counterpart will have the quality of instructor in the
administrative sanctioning procedure that is developed, and by
virtue of its executive and decision-making powers, may proceed
to:
a)
Formally establish, in accordance with the provisions of article
No. 43 of the administrative bases, a verification procedure that
assures the participants the protection of the principles of
audience bilaterality, contradictory and impartiality.
b) Form
evaluation commissions, calls to know and suggest the final
resolution of the procedure, to the technical
counterpart.
c)
Order the opening of a trial period, in order to carry out the
evidentiary proceedings it deems appropriate.
d)
Require, from the supplier, the display of the background that is
necessary to determine the degree of compliance with the
obligation.
e)
Appreciate the evidentiary means that are accompanied, in
conscience, looking after institutional interests and contractual
good faith.
During
the instruction of the procedure, the supplier must make available
to the technical counterpart, within the previously granted term,
all the documents, antecedents and technological or related means
that are requested, in order to facilitate the accreditation or
dismissal of the facts procedural matter.
In case
of not complying with the above in a timely manner, a fine may be
applied for delays in the delivery of information.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
Once
the instruction of the procedure has concluded, or the expiration
of the period for receiving the releases, without having been
presented, a report will be issued by the president of the
Technical Counterpart Commission, in which the National Director
may be proposed to Gendarmerie of Chile, the application or not of
a certain sanction, which will be specified through a founded
resolution.
The
sanction will be notified personally to the provider's legal
representative, or through a registered letter, addressed to the
provider's address. The notification by registered letter, will be
understood as practiced on the third day after entering the
corresponding Post office.
The
corresponding fines will be administratively processed, without
form of judgment, and will be deducted from the payment status or
from the guarantee of faithful and timely fulfillment of the
contract, if those were not sufficient, in that order of
priority.
In all
cases, the application of fines may not exceed 10% of the total
amount of the V.A.T included. If it exceeds said limit, the
Institution may terminate the contract early.
The
supplier may claim this act, using the resources and within the
terms established by current legislation.
In
addition, if the breach will cause damage to the Gendarmerie of
Chile, the appropriate legal actions must be initiated, through the
competent bodies, without prejudice to giving the corresponding
notices to the Directorate of Public Procurement and
Contracting.
INFRACTIONAL
BEHAVIORS AND FINES
1. -
Fines related to levels of service availability.
1.1. -
Unscheduled unavailability of the telematics monitoring
service:
In the
event that the supplier presents a breach in the total available
minutes of the contracted monitoring system, in the times indicated
in each case, according to the level of availability of the service
indicated in numeral 1.4 of section number IX, of the technical
bases, a fine equivalent to:
a)
[***], if the breach occurs for the period of 1 minute to 60
minutes inclusive, within a calendar month.
b)
[***], if the default is greater than 61 minutes and less than or
equal to 120 minutes, within a calendar month.
c)
[***], if the default is greater than 121 minutes and less than or
equal to 150 minutes, within a calendar month.
d) If
the breach exceeds 2 hours and thirty minutes of unavailability of
the system, the contract will be terminated early, within a
calendar month.
1.2. -
Non-compliance in response times for access to
information:
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
a)
[***] if there are delays, in a month, greater than 20 seconds, in
the response time, from 1 to 100 times.
b)
[***] if there are delays, in a month, greater than 20 seconds, in
the response time, from 101 to 200 times.
c)
[***] if there are delays, in a month, greater than 20 seconds, in
the response time, on more than 200 times.
The
measurement of these times will be applied in accordance with the
tools of the telematics monitoring system for offenders, therefore,
it is applicable to sentence control operating systems, such as
alarm systems, maps, technical feasibility, and others related to
matter.
The
reporting system or others of an administrative nature that are not
related to the penalty control operating systems are excluded from
this measurement.
1.2. -
Non-compliance in response times for access to
information:
a)
[***] if there are delays, in a month, greater than 20 seconds, in
the response time, from 1 to 100 times.
b)
[***] if there are delays, in a month, greater than 20 seconds, in
the response time, from 101 to 200 times.
c)
[***] if there are delays, in a month, greater than 20 seconds, in
the response time, on more than 200 occasions.
The
measurement of these times will be applied in accordance with the
tools of the telematics monitoring system for offenders, therefore,
it is applicable to sentence control operating systems, such as
alarm systems, maps, technical feasibility, and others related to
matter.
The
reporting system or others of an administrative nature that are not
related to the penalty control operating systems are excluded from
this measurement.
1.3. -
Unavailability of the system due to supplier work:
The
provider must schedule and report periodic system maintenance jobs,
in writing, to the Head of the Telematics Monitoring Department, at
least one month in advance, indicating the specific time that such
jobs will take. The Head of the Department may accept or reject the
request.
In case
of accepting, the supplier must adopt the necessary technical
measures so that, during the execution of the works, the system is,
at all times, operational and available, providing the
functionalities inherent to the service for which it was
contracted.
The
fines indicated in point 1.1., above, will be applied for the same
time ranges and amounts, in the event of unavailability of the
system during the performance of the work that has been
reported.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
To
determine the circumstance of having verified an unavailability of
the system, you must follow the procedures for verifying
contractual obligations, which the Institution will prepare in
accordance with the provisions of article No. 43 of the
administrative bases, without prejudice to the rules established in
section IX. , of the technical bases, referring to the requirements
of the technical offer.
2. -
Fines related to the lack of timely transmission of data from the
telematics monitoring service (Offline data).
These
fines will be applied in the event that the supplier presents a
breach in the number of data "online" (data registered in the
system in due course) during a period of specific control of a
subject, received in the monitoring system.
These
breaches will be considered "offline" data, and is data that was
not viewed, recorded and transmitted in a timely manner in the
system.
The
data offline, will be determined daily, according to numeral 3.8
and 3.9 of section IX of the technical bases, referred to the
requirements of the technical offer, and will be subject to the
following fines, according to the recorded times of data offline,
for each monitored device.
a)
[***], between 16 and 30 minutes, inclusive, for each episode of
signal loss.
b)
[***], between 31 and 45 minutes, inclusive, for each episode of
signal loss.
c)
[***], between 46 and 60 minutes, both inclusive, for each episode
of signal loss.
d)
[***], if the time exceeds 60 continuous minutes of signal
loss.
Loss of
signal (offline) will not be considered those events in which the
offender has malicious intervention, such as manipulation and
cutting of the strap, concealment of the device by means that block
the signal, including failure to charge the device.
3. -
Fines related to the installation, uninstallation, replacement or
technical support, on site, of the telematics monitoring
devices.
In the
event that the supplier presents a breach on the day and / or at
the time notified by the Gendarmerie to carry out the installation,
uninstallation, replacement or technical support, on site, of any
of the telematics monitoring devices, which includes the contracted
service, in the terms indicated in its offer and in section 4.3 of
number IX, of the technical bases, a fine will be applied, for each
device involved in the breach, equivalent to:
a)
[***], if the breach is more than 30 minutes and less than 60
minutes, to appear at the place determined in the notification made
by the Gendarmerie to the supplier.
b)
[***], if the breach is equal to 60 minutes, to appear at the place
determined in the notification made by the Gendarmerie to the
supplier.
c)
[***], if the breach is greater than 60 minutes or equal to 120
minutes, to appear at the place determined in the notification made
by the Gendarmerie to the supplier.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
d)
[***], if the breach exceeds 120 minutes, to appear at the place
determined in the notification made by the Gendarmerie to the
supplier. In this case, the respective installation,
uninstallation, replacement or technical support will be considered
as failed.
This
fine will be applicable to the installation, uninstallation and
replacement of beacon or technical support of any other
technological means complementary to the offered system that must
be installed in the offender, victims or their homes.
The
Gendarmerie will determine the day and time of these activities, in
relation to the technical offer presented by the supplier, relative
to its logistical capacity, as established in the section indicated
above in the technical bases.
For the
purposes of determining the scheduled hours, the presentation of
the technician, and in which the procedure was carried out, it will
be as stamped in the act that the local coordinator of monitoring
of the Institution will prepare, which will be uploaded to the
administrative management system.
4. -
Fines related to technical feasibility reports.
In the
event that the supplier is in delay in sending the technical
feasibility report, requested by the Gendarmerie, in the terms
indicated in its offer and in section 4.3. of number IX, of the
technical bases, or in case of inaccuracies in the information
contained therein, a fine equivalent to [***] will be applied,
after 24 hours have elapsed, counted from the validation and
request made by the Gendarmerie , sum that will be applicable for
each following day of delay.
If
there is a delay in relation to the 72 hours that the provider has
to report on the result of its review process, when prior to the
validation of the request, it is required by the Institution, to
carry out actions of review and verification, in the terms provided
in point No. 5 of the technical bases, a fine equivalent to [***]
will be applied, for each day of delay.
In the
event that the provider has positively informed a request for a
technical feasibility report, ensuring the existence of sufficient
cellular coverage in a specific area and / or home, to carry out
telematics monitoring, and it is verified that said coverage is not
such, has been lost or is insufficient to carry out the monitoring,
due to signal loss, a fine of [***] will be applied for each
erroneous technical feasibility report.
Without
prejudice to the provisions of article 43 of the administrative
bases, for the purposes of verifying the aforementioned
circumstance, the technical reports prepared by the Telematics
Monitoring Department, the respective Social Reintegration Center,
and the response that, in this regard, will be followed. , evacuate
the provider.
5. -
Fines related to maintenance of the equipment involved in the
service.
In the
event that the supplier presents a breach in the execution of the
maintenance of the equipment involved in the service, in the terms
indicated in numeral 4 of section number IX, of the technical
bases, a fine equivalent to:
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
a)
[***], for each day of delay in the execution of corrective
maintenance on the equipment involved in the service.
b)
[***], for each day of delay in the execution of preventive
maintenance on the equipment involved in the service.
6. -
Fines related to remote technical support and assistance on
site.
In the
event that the supplier does not meet the technical requirement,
does not provide a solution to the problem posed, in the maximum
time offered to provide remote technical support in the event of
failures in the system and / or devices, or does not inform the
Gendarmerie of the impossibility of providing a solution remote
within the term indicated in the terms indicated in numerals 4.1
and 4.3 of section number IX "Requirements of the technical offer",
of the technical bases, a fine equivalent to [***] will be applied,
each time technical support is attended or not performed, the
impossibility of remote solution is not reported, or the support
officer is not available in the active monitoring center, without
prior approval from the head of the monitoring center.
7. -
Fines related to delivery and implementation of the
project.
In the
event that the supplier presents a breach in the delivery of the
project to the Gendarmerie, in the terms indicated in its offer and
in section number X "Project Implementation", of the technical
bases, a fine equivalent to [***], for each day of
delay.
Likewise, in the
event of specific breaches, in relation to the conditions, terms
and deadlines, committed in the Gantt Letter of implementation and
operation of the service, referred to in article 15, letter e) of
the administrative bases, affecting the migration process referred
to in point number X, letter a.6, of the technical bases, a fine of
[***] will be applied.
8. -
Fines related to training.
In the
event that the supplier presents a breach in the execution of the
training planning in the service, in the terms indicated in numeral
6 of section number IX "Requirements of the technical offer", of
the technical bases, a fine will be applied equivalent [***], for
each day of delay in its execution.
9. -
Fines related to updating maps.
In the
event that the supplier presents a breach in updating the maps
provided, in their relevant aspects, in the terms indicated in
numeral 1.3 of section number IX, of the technical bases, a fine
equivalent to [***] for the official update, and [***] for the
update at the request of the Institution, both for each day of
delay in the execution of the required update.
10. -
Fines related to delivery of manuals.
In the
event that the supplier presents a breach in the delivery of
manuals, in the terms indicated in its offer and in number 6 of
section number IX, of the technical bases, a fine equivalent to
[***] will be applied. ), for each day of delay with respect to the
delivery date indicated in the Gantt letter, of the supplier's
offer.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
11. -
Fines related to the Regional Simultaneous Monitoring
Center.
In the
event that the supplier presents a breach in the operational
delivery of the Regional Center for Simultaneous Monitoring, in the
terms indicated in section number VIII and number 3 of section
number IX, of the technical bases, a fine equivalent to [***], for
each day of delay.
12. -
Fines related to support the call registration system.
In the
event that the provider presents a breach in the storage of backup
files of the call log system, in the terms indicated in number 3.4
of section number IX, of the technical bases, a fine equivalent to
[***] will be applied [***], for each unsupported
registration.
13.
– Fines related to satellite phones.
In the
event that the provider has a fault or malfunction in the satellite
phones, that communication has no problems in up to 3 consecutive
failed communication attempts, or there is no available balance in
the terms indicated in number 3.5 of section number IX From the
technical bases, a fine equivalent to [***] [***] will be applied,
for each team that fails or does not have an available
balance.
14. -
Fines related to last year of service operation.
In the
event that the supplier presents a breach in the delivery of the
planning for the last year of operation, in the terms indicated in
section number XI "Termination of the Service and migration of the
operation of the telematics monitoring system to the new winning
company, prior to the contract term”, of the technical bases,
a fine equivalent to [***] will be applied, for each day of
delay.
In
addition, in the event that the supplier presents a breach in the
execution of the migration processes, in the terms indicated in
said section of the technical bases, a fine equivalent to [***]
will be applied. ), for each day of delay.
15. -
Fines related to breach of labor and social security
obligations.
In the
event that the supplier is in breach of its labor and social
security obligations, during the period of execution of the
contract, a fine equivalent to 10% of the invoiced amount will be
applied, in the respective payment status.
This
fine may be issued with a limit of six opportunities. In such case,
once a new breach by the supplier is verified, an early termination
of the contract must be made in accordance with the provisions of
article 74 No. 6 of the administrative bases.
The
status of compliance with the provider's labor and social security
obligations will be accredited in accordance with the provisions of
article 67 of the administrative bases
16. -
Fines related to breaches of the technical functionalities
compromised for the telematics monitoring system.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
In the
event that the supplier presents non-compliances, in relation to
the technical standards it undertakes, with respect to the various
functionalities of the system, a fine equivalent to:
a)
[***], in the event of noncompliance with the level of coverage
committed, in accordance with the provisions of point 1.2, section
IX, of the technical bases.
b)
[***], in case of non-compliance in relation to the times committed
by the offeror for the instant communication of alarms and
warnings, in accordance with the provisions of point 1.1. Letter e)
of section number IX of the technical bases.
c)
[***], in case of non-compliance in relation to the committed times
for the “real-time identification” of the monitored, in
accordance with the provisions of point 1.1. Letter a), of section
number IX, of the technical bases.
d)
[***], in the event of non-compliance in relation to the distances
compromised as a tolerated margin of error, to determine the
positioning of the monitored, in accordance with the provisions of
point 1.1. Letter b) of section number IX of the technical
bases.
e)
[***], for each day of delay in the delivery of system update or
modification, categorized as “low” complexity, in
accordance with the provisions of point 4 “requested service
levels”, and 4.5 “updating and / or modification of the
system”, of the technical bases.
f)
[***], for each day of delay in the delivery of updating or
modifying the system, categorized as “medium”
complexity, in accordance with the provisions of point 4
“requested service levels” , and 4.5 "updating and / or
modification of the system", of the technical bases.
g)
[***], for each day of delay in the delivery of system update or
modification, categorized as "high" complexity, in accordance with
the provisions of point 4 "requested service levels", and 4.5
“updating and / or modification of the system”, of the
technical bases.
For the
purposes of evaluating the functionalities of the system described
here, and in accordance with the control powers established in
article 43 of the administrative bases, the Institution will carry
out quarterly measurement tests, according to the "procedures for
verifying compliance with contractual obligations", which are
established.
17. -
Fines related to delays in the delivery of
information.
In the
event that the supplier presents delays in the delivery of
information regarding the execution of the contract, which has been
formally required by the Institution, a fine of [***] will be
applied, for each day of unjustified delay, in relation to the term
that is expressly and formally agreed.
NINTH:
EARLY TERM OF THE CONTRACT.
The
contract may be terminated early if any of the causes or
circumstances provided for in article 13 of the public procurement
law or article 77 of its regulations are verified,
namely:
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
1.
Reconciliation or mutual agreement of the contractors.
2.
Serious breach of the obligations contracted by the supplier. The
following shall be considered as such:
a)
Complete unavailability of the system for more than twelve
continuous hours, more than six times in a semester (each six
month), not attributable to fortuitous cases or natural
catastrophes.
b)
Unavailability to view more than 30% of those offenders, for more
than twenty-four hours, more than six times in a calendar year, not
attributable to fortuitous cases or natural
catastrophes.
c)
Unavailability of the system to view a offenders for more than
twenty-four hours, continuously, for more than thirty-six times in
a semester (each six month), not attributable to fortuitous cases,
natural disasters or improper manipulation by the offender of the
monitoring device .
3.
Failure to comply with 100% of the functionalities of the Service,
that is, both those required in the bidding rules and those offered
during the bidding process, within the terms contemplated in
section number X, of the technical bases, called "Project
implementation".
4.
State of notorious insolvency or bankruptcy of the provider, unless
the guarantees provided or the existing ones are improved to
guarantee compliance with the contract.
5. by
requiring the public interest or national security.
6. For
registering unpaid balances of wages or social security
contributions, with their current workers, or with workers hired in
the last two years, without having proven that all the obligations
are settled, in the middle of the period of execution of the
contract, with a maximum of six months; or, in case of registering
repeated non-compliance, in the terms established in article 64 of
the bases.
7. For
verified repeated breaches of a contractual obligation that has
been subject to an administrative fine. “Repeated
non-compliance” shall be understood as the occurrence of
three non-compliances subject to fines, within a semester (each six
month).
8. The
others that are established in the bidding conditions.
In all
cases, except Numbers 1 and 5, the Institution will proceed to
collect the guarantee documents of faithful and timely fulfillment
of the contract.
When
the president of the Technical Counterparty Commission detects a
fact constituting an infringement, which leads to the early
termination of the convention, he will promptly communicate said
situation to the supplier, in writing, who will have a period of 5
days to carry out your releases.
In
these releases, you can assert all the rights that Law No. 19,880,
of 2003, recognizes as an interested party in an administrative
procedure, being able, by way of example, to propose the actions or
measures that you deem necessary,
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
as well
as, request or accompany the means of evidence that it deems
appropriate.
The
president of the Technical Counterparty Commission will have the
quality of instructor, in the administrative procedure that is
developed, being able to order the opening of a trial period, in
order to carry out the evidentiary proceedings that he deems
pertinent.
Once
the instruction of the procedure has concluded, or the term to
receive the releases has expired, without having been sent, a
report will be issued by the president of the commission, in which
a proposal may be made to the National Director of the Gendarmerie
of Chile the anticipated term of the contract, which must be
specified by means of a founded resolution, which will be notified
by registered letter, addressed to the address of the supplier,
without the need for a court order. The notification shall be
deemed to have been made on the third day following the receipt of
the respective letter, at the Chilean Post Office corresponding to
the provider's address.
The
supplier may claim this act, through the resources, and within the
terms established by current legislation.
In the
event of an early termination of the contract, this will be
understood to be completed within the period indicated by the
administrative act that puts an end to it, a term that will be
counted from the notification to the supplier. As long as you are
not notified, all the obligations that correspond to the provider
will remain in force.
If the
termination of the contract causes damage to the Gendarmerie of
Chile, it may exercise the corresponding compensatory actions,
without prejudice to the collection of the guarantee of faithful
and timely fulfillment of the contract, if applicable.
The
contractual and non-contractual responsibility of the supplier will
be governed, in everything not established in this clause, by the
rules of the Civil Code. The procedure indicated for the case of
early termination does not apply to the reconciliation or mutual
agreement of the parties.
TENTH:
INTELLECTUAL PROPERTY.
The
product of the work carried out by the supplier or its dependents,
on the occasion of the contract, such as products, diagnoses,
designs, reports, manuals and, in general, any work that is carried
out, in compliance with this contract, will be the property of
Gendarmerie of Chile, who reserves the right to dispose of them
freely, without limitations of any kind, and the provider may not
carry out any act with respect to them, which is alien to the
contract, without prior and express authorization from the
Institution.
ELEVENTH:
OBLIGATION OF CONFIDENTIALITY
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
The
supplier must keep confidential all the information and background
that it knows about the execution of the contract, and may not make
use of these, for purposes other than the contract.
All the
information that the provider manipulates, because of the execution
of the contract, is the property of the Institution, under no
circumstances may, by any title or means, reveal, disseminate,
publish, sell, transfer, copy, reproduce, interfere, intercept ,
alter, modify, damage, disable, destroy, in whole or in part, this
information, during the term of the contract or after its
termination.
This
prohibition will affect the supplier, its direct and indirect
personnel, its consultants, subcontractors and their personnel, in
whatever capacity, who are linked to the contract, in any of its
stages, and their responsibility will be joint and several, even
after termination.
In case
of breach of this clause, Gendarmerie may terminate the contract in
advance, in accordance with the provisions of chapter XV of the
administrative bases and in accordance with clause ninth of this
contract, being empowered to collect the guarantee slip of faithful
compliance of the contract, without prejudice to initiating the
corresponding legal actions for violation of the pertinent
legislation.
TWELFTH:
MODIFICATION OF THE CONTRACT.
In
order to incorporate the advances that functionality and technology
make advisable, due to regulatory requirements, force majeure
reasons or situations imposed by the market, the Institution may
request to introduce changes during the development of the
contract.
Gendarmerie
reserves the right, for reasons of convenience, during the
execution of the service, to make increases or decreases in the
activities involved as long as they are duly
justified.
In the
indicated cases, if applicable, the supplier must complement or
deliver a new guarantee of faithful compliance with the contract,
as appropriate.
The
modifications agreed upon may not alter the total price of the
contract by more than 30% (thirty percent). Said modifications must
be approved through the founded administrative act, and the
supplier will be obliged to maintain the unit prices per item,
established in its offer.
THIRTEENTH: OF THE
SYSTEM AND EQUIPMENT.
All the
components of licenses and software of the system that the provider
develops specifically for the service of telematics monitoring of
offenders, object of this contract, will be property of Gendarmerie
of Chile, from the entry into force of the contract, and the
contractor will not be able to use them in other context that is
not the execution of the contract, nor make them available or
transfer them to third parties, without their
authorization.
All the
enabling equipment of the National Monitoring Center and the
Regional Simultaneous Monitoring Center, including, among others,
the wiring of local networks, gutters, as well as all the
documentation, tapes and other magnetic storage and / or backup
media, which generated, during the term of the contract,
will
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
be the
property of the Gendarmerie, from the entry into force of the
contract, being able to have free access to them, in the terms
indicated in the first article of the administrative
bases.
It is
forbidden for the provider, under all circumstances and forms, to
seize, extract or retain any type of information related to the
services tendered and contracted, including the information
systems, documentation and data.
FOURTEENTH: ON
SUBCONTRACTING.
The
provider must provide the services indicated in the technical bases
with its own personnel. However, with respect to those services
that due to the nature of the services required by the Gendarmerie,
must be subcontracted, and provided that the providers of said
services are individualized in the technical offer, they may be
subcontracted, under the terms provided in the offer, with such
providers.
Notwithstanding the
foregoing, any change in said providers must have prior, express
and written authorization from the Gendarmerie, through its
technical counterpart.
In any
case, the contractor, or its legal continuator, will be solely
responsible to the Institution for the full and timely fulfillment
of the contracted services.
The
provider assumes full responsibility for the contracts and
subcontracts that it acquires for the execution of the contracted
services, totally freeing the Chilean Gendarmerie from any
responsibility in this regard.
In
addition, at any time, during the term of the contract, in
accordance with the provisions of article 183-C, of the Labor Code,
the supplier will be required to provide a certificate accrediting
the amount and status of compliance with labor and social security
obligations, issued by the respective Labor Inspection, or by
suitable means that guarantee the veracity of said amount and
compliance status, with respect to its workers, as well as the same
type of obligations that the subcontractors have with their
workers, moreover, with the purpose of making effective the rights
that assist Gendarmerie, to be informed, and the right of
retention, enshrined in paragraphs 2 and 3, of the aforementioned
legal norm, within the framework of derived subsidiary
responsibility of said labor and social security obligations, to
which article 183-D of the Labor Code refers.
FIFTEENTH:
SUPERVISION AND AUDITING.
During
the term of the contract, on the dates and in the forms it deems
appropriate, the Institution shall be empowered to carry out,
directly or through third parties, its supervision, control and
comprehensive audit.
The
supplier and its subcontractors must grant all the facilities
intended for the execution of said supervision, control and
audit.
In the
event that a supplier or subcontractor obstructs or does not
cooperate when faced with a requirement, so that the Institution
may have expedited access to the required information, within the
framework of supervision; or does not comply, in any way, with the
obligations stipulated in paragraph 5 of article one of the
administrative bases; or, in violation of letter q) of point 1.1,
of section number IX,
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
of
the technical bases, will be subject to the respective fine in
accordance with the eighth clause of this contract.
The
supervisions, controls, tests, requests for reports and / or
tables, and the carrying out of audits, may be extended to those
areas related to the scope of
the
contract, and to those that without being it, are necessary to
properly satisfy the former, all, without prejudice of the legal
powers that the General Comptroller of the Republic has in this
regard.
For the
purposes of controlling and supervising the actual status of
contractual obligations, the Institution shall establish procedures
for verifying compliance with contractual obligations, in
accordance with the provisions of the final paragraph of article 43
of the administrative bases.
This
procedure must be established by reasoned resolution and the
supplier must be notified before reception in accordance with
Milestone No. 2.
SIXTEENTH: RIGHT TO
VETO.
The
Gendarmerie will have the right to veto the supplier's staff and
its subcontractors, with just cause, or when the intervention of
said people hinders or hamper the execution of the
project.
In
these cases, the supplier must replace the vetoed personnel or
subcontractor, within 5 business days after the notification of the
veto, made by the president of the Technical Counterpart
Commission.
Gendarmerie
reserves the right to request the supplier, when it deems it
appropriate, taking into account the nature of the contracted
service, information from its own staff or from its subcontractors
regarding: full name, identity card number, and written
authorization from the employee, to check your
background.
Failure
to deliver the requested information, within the 72 hours required,
will entitle the Gendarmerie to exercise, without expression of
cause, the right of veto referred to in this article with respect
to the personnel whose data was not provided.
SEVENTEENH:
INSURANCE.
It will
be the responsibility of the supplier, during the entire term of
the contract, to contract at its cost, the insurance intended to
cover the risks that may affect the equipment and devices included
in the service provided. Insurance must protect against all covered
risks, including natural catastrophes, and malicious or terrorist
acts.
The
provider must submit the insurance contracts to the Gendarmerie for
consideration before their conclusion. Gendarmerie will be
empowered to reject insurance and demand another contract, if it
considers that the conditions presented do not provide complete
coverage, in the terms indicated here.
Also,
during the service implementation stage, the provider must have all
the necessary insurance to protect the Gendarmerie goods against
damage that may occur to them and to people, as a result of the
installation of the system.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
The
provider must prove compliance with this obligation, by means of a
certificate from the insurer, stating the contracted insurance, and
an authorized copy of the policies, before the start of the
operation of the contracted service, for the purposes of its
reception. Likewise, during the term of the contract, it must
accompany said certification, in case the renewal or extension of
the contracted policies is necessary.
In the
event that the provider does not take these insurances, or does not
renew them, or does not extend them in a timely manner, the
Institution may do so, on behalf of the provider, without any
responsibility for the Service, if it does not do so.
The
Gendarmerie will be empowered to deduct from the amount of any of
the payment statements, the price of the premiums that it has paid,
duly adjusted, if appropriate, thus reimbursing its value, and the
corresponding adjustments.
EIGHTEENTH:
ASSURANCE OF ASSETS.
The
supplier, in this act, declares and guarantees that all the goods
subject to this tender are new and unused, with a manufacture of no
more than 1 year, that they are free of defects attributable to the
design, manufacture, materials, preparation, or any act or omission
of the manufacturer, which may appear during its normal use, under
the conditions in which they are normally used.
In case
of discontinuance of any of the goods offered, to fulfill the
object of the contracted service, and during the term of the
contract, you must provide goods of similar characteristics, which
will be subject to the same guarantee established in the preceding
paragraph and must be compatible with the service offered, and duly
authorized by the Gendarmerie technical counterpart.
The
guarantee will consider the immediate change or repair of the
goods, in the place where they are located, and will operate for
the entire duration of the contract.
NINETEENTH:
LICENSES AND SOFTWARE UPDATE.
All the
programs and software delivered by the provider must have valid
licenses for their use, which will be their sole responsibility, as
described in their offer.
If
necessary, the provider must add the corresponding licenses at his
own expense, to ensure the normal operation of the
systems.
All
software updates and / or replacements must be made with the
approval of the Gendarmerie.
TWENTY:
DISCLAIMER OF LIABILITY.
Gendarmerie of
Chile will not have any labor or legal relationship with the
employees who work for the supplier and subcontractors.
Consequently, it will not be responsible for remuneration, taxes,
social security taxes, insurance against accidents at work or
damages to third parties, all of which will be the sole
responsibility and responsibility of the supplier and
subcontractors.
TWENTY-FIRST:
PROHIBITION OF ASSIGNMENT.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
The
provider may not assign or transfer, in any way, totally or
partially, the rights and obligations arising from this contract,
except in the case of merger, absorption or division of the
company, the obligations will be transferred to its legal
continuator , in the same conditions established in the
contract.
In
these cases, the supplier must inform the Gendarmerie, with respect
to the merger, absorption or division decision, at least 3 months
in advance of its formalization.
The
foregoing is without prejudice to the fact that the supporting
documents for the credits, which emanate from these contracts, can
be transferred, in accordance with the rules of common
law.
TWENTY-SECOND:
TERMINATION OF SERVICE AND MIGRATION.
The
Gendarmerie will have a period of six months after the end of the
contract, to return to the supplier all the monitoring devices that
were installed before the new winner entered into
operation.
1. -
Gantt chart of the migration process.
In the
third month of the last year of service, the provider must deliver
a Gantt letter with a general migration planning, which will begin
the last 6 months, before the end of the contract.
For
these purposes, the last year of service shall be understood as the
last twelve months of the contract's validity.
The
minimum processes that must be ensured during migration
are:
1.
Backup of historical information, in databases.
2.
Backup of database configuration files.
3.
Backup of the configuration files and parameters defined in the
processing servers. The supplier must submit a document detailing
the model or structure of the database.
4.
Device change process, in case the new winning company is in
operation, in parallel.
5.
Enabling a dependency to generate parallel migration. The supplier
must provide all the necessary conditions for the authorization of
a new site, since the monitoring center must be remodeled by the
new winner.
6.
Appointment of a project manager, by the supplier, who will be
related to the technical counterpart of the Institution. The Head
of the Infrastructure Department and the Head of the Telematics
Monitoring Department will act as a technical
counterpart.
2. -
Obligations at the end of the contract.
2.1.-Availability
to develop the migration process.
In
order to guarantee the full operation and continuity of the
service, regardless of which company supports it in the future, the
provider must make available to the Gendarmerie, the technical
documentation detailing the format and order in which
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
the
Devices send the coordinate data, or any other relevant
information, in order to guarantee the recognition of the new
location devices by the system software. For example, indicate if
TCP or UDP is used, the socket ports used, the order in which it
sends the coordinates and other parameters, the encryption of said
data, etc.
2.2. -
Uninstallation of infrastructure.
Both
the furniture and infrastructure installed in the National
Monitoring Center and the Regional Simultaneous Monitoring Center
will become the property of the Gendarmerie, so the supplier will
not be able to remove them, unless the Gendarmerie explicitly
requests it. In the latter case, the uninstallation will be at the
provider's expense.
3. - To
guarantee the optimal migration, after the process is finished, the
provider may continue to provide services in parallel, until all
the devices owned by him are finished replacing.
TWENTY-THIRD:
JURISDICTION.
Any
controversy that arises from the signing of the contract and during
its validity, until its completion and complete settlement, will be
known by the Ordinary Courts of Justice of the commune of Santiago,
without prejudice to the powers that correspond to the General
Comptroller of the Republic.
TWENTY-FOURTH:
DOCUMENTS AND BACKGROUND
The
following documents and official history of the service are an
integral part of this contract, which are expressly
reproduced.
a) The
administrative and technical bases, approved by Resolution
Procedure No. 1,175, dated December 28, 2016, of the National
Director of the Gendarmerie of Chile, with all its annexes,
questions, clarifications and responses.
b) The
supplier's administrative, technical and economic
offer.
c) Act
No. 5, of the Evaluation Commission of Purchases of the Service,
dated February 12, 2020.
d)
Exempt Resolution No. 1,908, dated March 10, 2020, from the
National Director of the Gendarmerie of Chile, which declares the
offer that it indicates inadmissible, and awards public proposal ID
634-35-LR17, for the contracting of the monitoring service
telematics of offenders, due to the evaluation criteria
indicated.
e)
Exempt Resolution No. 3.601, dated June 26, 2020, from the National
Director of the Gendarmerie of Chile, which nullifies the award of
the public tender for the contracting of the telematics monitoring
service for offender (ID 634-35-LR17) ordered by Exempt Resolution
No. 1,908, of March 10, 2020, of this origin, for the reasons it
indicates and re-adjudicates the bidder it indicates.
f) All
other antecedents and documents that have been issued as a result
of the public tender procedure ID 634-35-LR17, re-adjudicated under
ID 634-35-R120.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT
BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD BE
COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. REDACTED MATERIAL IS
MARKED WITH A [***].
These
antecedents will form an integrated whole and will complement each
other, considering themselves part of the contract, applying, for
these purposes, the preeminence principle of the bases and its
annexes as the basic framework for contracting.
TWENTY-FIFTH:
DEFINED TERMS.
In case
of doubt, the special terms used in this contract will have the
meaning given to them in the administrative and technical bases,
and their annexes.
TWENTY-SIXTH:
APPLICABLE RULES.
The
provisions of Law No. 19,886, of 2003, of Bases on Administrative
Contracts for the Supply and Provision of Services, and its
respective Regulations, contained in Supreme Decree No. 250, of
2004, as well as the provisions in Law No. 19,880 of 2003, which
establishes the Bases for Administrative Procedures governing the
Acts of the Bodies of the State Administration
TWENTY-SEVENTH:
OF PERSONNELS.
The
status of Christian Arnaldo Alveal Gutiérrez, to represent the
Gendarmerie of Chile, is contained in Supreme Decree No. 34 of
January 10, 2019, of the Ministry of Justice and Human Rights,
while the status of Diego Almicar Peralta Valenzuela and Vesna
Paola Camelio Ursic, to act on behalf and representation of Track
Group Chile SpA., is recorded in a public deed issued before the
Notary Public Head of the Forty-Eighth Notary Public of Santiago,
Don José Musalem Saffie, dated July 12, 2013, Repertory N
° 8.354-2013, modified by public deed dated September 29,
2014, issued before the same Notary Public, Repertoire N °
12.087-2014, documents that are not inserted because they are known
by the parties.
CHRISTIAN ALVEAL GUTIÉRREZ
NATIONAL DIRECTOR
GENDARMERIE OF CHILE
|
DIEGO PERALTA VALENZUELA
LEGAL REPRESENTATIVE
TRACK GROUP CHILE SPA.
|
VESNA CAMELIO URSIC
REPRESENTANTE LEGAL
TRACK GROUP CHILE SPA.