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SOLICITATION # CH16012 <br />5.5.4 Offeror, as part of its proposal, must provide a sample of its Service Level Agreement, which should <br />define the performance and other operating parameters within which the infrastructure must operate to <br />meet IT System and Purchasing Entity's requirements. <br />SERVICE LEVEL FRAMEWORK <br />The service levels ("Service Levels") applicable to the Services specified in Sections 1 and 2 are set forth in <br />Schedule B to this SD ("Service Levels for Cloud Platform Services"). The framework that governs all Service Levels <br />is set forth in this Section. <br />Commencement of Service Levels <br />Commencing thirty (30) days from the Service Start Date (as set forth in the applicable Order Form), Virtustream's <br />performance of the Services will meet each applicable Service Level. If Virtustream's performance of the Services <br />does not meet the applicable Service Level, then Virtustream will use commercially reasonable efforts to restore its <br />performance to meet such Service Level. <br />Service Level Reports <br />Service Levels will be calculated and measured monthly by Virtustream on a calendar month basis and reported <br />each month for the previous month. The reports will be provided to Customer by the tenth (10th) working day of the <br />month following that to which such report relates, commencing on the second (2nd) month following the Service Start <br />Date and each month thereafter. The monthly service level report will contain at least the following items: (i) Uptime <br />statistics for the month concerned; (ii) an analysis of reported incidents over the previous month, broken down by <br />type for discussion; (iii) action plans for items giving rise to concern; (iv) comments and observations on any issues <br />arising from Virtustream's performance monitoring activities; (v) recommendations on service delivery strategies to <br />maintain or enhance the service level; and (vi) review of general business requirements ("Service Level Report"). <br />Cloud Platform Services (CPS) has its own specific service levels as described in this document. Cloud Cover <br />Services (CCS) has service levels that pertain to the CCS offerings and are reported separately. Not all Virtustream <br />customers have CCS but all Virtustream customers use CPS. <br />Service Level Review Meetings <br />Monthly Service Level review meetings will be conducted by Virtustream with Customer where the monthly Service <br />Level report specified above will be discussed. If any of the Service Levels measured over the previous calendar <br />month period is not achieved in that month, then Virtustream will include the steps taken to rectify the problem in the <br />next monthly Service Level Report. In addition, the issue shall be an agenda topic for discussion at the next monthly <br />service review meeting. Additionally, after restoring service or otherwise resolving any immediate problem as <br />specified in this SD, if Virtustream fails to provide Services in accordance with the Service Levels, Virtustream shall: <br />a. Promptly investigate and report on the causes of such problem; <br />b. Provide a Root Cause Analysis of such failure as soon as practical after such failure or at Customer's request; <br />c. Correct such problem that is Virtustream's fault or responsibility, as soon as reasonably practicable and coordinate <br />the correction of such problem if Virtustream does not have responsibility for the cause of such problem. <br />d. Advise Customer of the status of remedial efforts being undertaken with respect to such problem; <br />e. Demonstrate to Customer's reasonable satisfaction that the causes of such problem (that is Virtustream's fault or <br />responsibility) have been or shall be corrected on a permanent basis; and <br />f. Take corrective actions to prevent any recurrence of such problem (that is Virtustream's fault or responsibility). <br />Root Cause Analysis <br />Promptly following Virtustream's failure to meet a Service Level, Virtustream will perform a root cause analysis to <br />determine the reason for that failure. Upon Virtustream's determination of the cause of such failure, it will provide to <br />Customer a preliminary report citing the cause of such failure. If Virtustream determines that the failure was due to <br />Virtustream, an additional report will be provided that details the root causes of the failure, and which details any <br />measures that should be taken to minimize the possibility that such failures will re -occur. Virtustream will correct the <br />problem and use reasonable commercial efforts to minimize the re -occurrence of such failures. <br />Service Level Exceptions <br />Virtustream shall not be liable for any failure to meet the Service Levels, to the extent such failure was caused by one <br />or more of the following: <br />a. A failure of Customer or any of its employees, agents or contractors (including any of Customer's third party <br />service providers) to perform any of its responsibilities under this SD; <br />carahsoft <br />10 <br />carahsoft <br />