Service Description
IBM Emptoris Sourcing on Cloud
This Service Description describes the Cloud Service IBM provides to Client. Client means the company and its
authorized users and recipients of the Cloud Service. The applicable Quotation and Proof of Entitlement (PoE)
are provided as separate Transaction Documents
1.
Cloud Service
IBM Emptoris Sourcing on Cloud is a system where Clients can manage sourcing events including:
request for information (RFI), request for quotes (RFQ), request for proposals (RFP), buyer surveys,
reverse English auctions, and forward auctions. The system allows Clients to create, run, monitor, report
(using standard reports), and award bids and responses submitted from suppliers.
The infrastructure for the Cloud Service has been configured to support:
300 Concurrent Users running RFP, RFI, RFQ or buyer survey events or;
270 Concurrent Users running English reverse and English forward auctions; or
60 Concurrent Users running Japanese or Dutch reverse or forward auctions.
Concurrent Users are defined as users who are logged onto and active in the system concurrently. The
system may be configured to process additional volume of Concurrent Users depending upon various
factors. Additional infrastructure resources may be required to support larger usage volumes.
The base features allow Client to:
●
create and run RFIs, RFQs, RFPs, buyer surveys, reverse English auctions, and forward
auctions;
●
create templates of the above event types;
●
leverage the smart data framework and library functions to help create events;
●
report on data events using a set of standard reports; and
●
set up one buying organization.
The advanced features provide Client:
1.1
●
sourcing desktop intelligence (SDI) to export bid data and access capabilities in Microsoft
Excel to perform a number of analytical tasks;
●
scenario analysis to create constraints to meet Client’s unique sourcing requirements and
business preferences with pre-built sourcing optimization functionality;
●
optimized auctions to create constraints that will enable a buyer to run optimization throughout
the event so cost will not be the only factor for ranking a supplier in an auction;
●
flexible bidding to allow bundle bidding, business volume bidding and volume business
discounts;
●
supplier decision support and collaboration which provides feedback to suppliers on their bids,
allowing them to offer innovative solutions, emphasize their competitive advantage and
optimize their bids; and
●
one and two envelope bidding that allows a buyer to configure an RFP as a one envelope or
two envelope structure.
Base Subscriptions
The following describes the Cloud Service subscription options (each a “Base Subscription”) that are
available as the applicable Cloud Service. The Transaction Document identifies which Base
Subscription(s) have been purchased. References to the Cloud Service in this document apply to the
Base Subscription(s) purchased.
1.1.1
IBM Emptoris Sourcing Premium on Cloud
This Cloud Service includes the base features and advanced features.
1.1.2
IBM Emptoris Sourcing on Cloud
This Cloud Service includes the base features only.
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1.2
Optional Features
1.2.1
IBM Emptoris Sourcing on Cloud Advanced Add-on
This Cloud Service adds the advanced features to IBM Emptoris Sourcing on Cloud. Client must have an
existing IBM Emptoris Sourcing on Cloud subscription to purchase this option.
1.2.2
IBM Emptoris Sourcing on Cloud Burst Option for EchOSTM
This Cloud Service offering provides the capability to increase capacity needs higher than the standard
server configuration by adding additional servers to the configuration.
1.2.3
IBM Emptoris Sourcing on Cloud Event Monitoring
This Cloud Service offering is an on-demand service that will coordinate with Client to run and monitor
events as well as train suppliers and support them throughout the lifecycle of the event.
1.2.4
IBM Emptoris Sourcing on Cloud Read Only
The Client is permitted to view, monitor, search, run reports and score the Events to which they have
been invited.
1.2.5
IBM Emptoris Sourcing on Cloud for Non-Production Environment
This Cloud Service can be used as part of the Client’s non-production activities, including but not limited
to testing, performance tuning, fault diagnosis, benchmarking, staging, quality assurance activity and/or
developing internally used additions or extensions to the Cloud Service using published application
programming interfaces.
1.3
Premium Support Offerings
1.3.1
IBM Emptoris Sourcing on Cloud Essential Premium Support
This offering includes up to four database refreshes per quarter, an improved target Service Level
Agreement (SLA) of 99.7%, and the scheduling of upgrades over a weekend instead of during business
hours.
IBM Emptoris Sourcing on Cloud Essential Premium Support also provides an Accelerated Value Leader
(AVL). The AVL may be an IBM employee or IBM subcontractor and will perform the following tasks:
●
Problem Management - IBM will provide regular status updates, facilitate communications between
Client and IBM regarding problems, drive resolution of open issues, and provide monthly
management reports on activity.
●
Proactive Support - IBM will provide the named contact who will provide guidance and assistance
with the Cloud Service to help reduce or prevent problems from occurring in the Cloud Service.
These activities may include, but not be limited to, alerting Client to authorized program analysis
reports (called APARs) experienced by other Clients, assisting with development of risk mitigation
plans when changes such as upgrades are proposed for Client’s environment, participating in
product-life cycle and maintenance planning, and providing periodic reporting.
●
Skills Sharing - IBM will facilitate Client skills development related to the Cloud Service by providing
invitations to briefings by senior technical specialists and via early access to technical information.
Client will:
1.3.2
●
designate a Primary Contact responsible for the receipt and dissemination of support ticket
information, updates, fixes, and the prioritization of outstanding support tickets as well as reviewing
Incident status reports before contacting IBM to request assistance;
●
communicate contact details of the Primary Contact at commencement of the Cloud Service and
communicate any changes of Primary Contact in writing to IBM with 30 days advance notice via the
AVL; and
●
participate in conference calls hosted by the AVL.
IBM Emptoris Sourcing on Cloud Premier Premium Support
This offering includes all of the characteristics of IBM Emptoris Sourcing on Cloud Essential Premium
Support and the following:
●
Annual Health Check Remotely Delivered Service - IBM will provide a health check assessment of
the Client configuration, deployment, and usage of the Cloud Service. The assessment will include
findings and recommendations for improvement for use of the Cloud Service. As part of this service
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IBM will review original documentation for Client's implementation, review open APARs, interview
end users, review Client’s configuration of the Cloud Service, provide an assessment of integrations
and customs for each module, and deliver an analysis report, with findings, observations and
recommendations for improvement.
1.4
●
Upgrade Remotely Delivered Service – IBM will provide upgrade services for Client using version
10.0 or higher of the Cloud Service to upgrade to a later release in the same version. Client must
subscribe to a non-production environment Cloud Service, read all new release documentation,
create and own the upgrade project plan and submit the appropriate support tickets for the Cloud
Service to be upgraded. IBM will provide guidance for the Client project and user enablement plans,
review and control of Cloud Service configuration files, review of new features, and guidance to
Client for testing of the upgrade.
●
Custom Code Installation – IBM will provide for the installation of custom code created by IBM
Professional Services (pursuant to a separate agreement between the parties) as part of the Cloud
Service.
●
Quarterly Business Reviews – IBM will engage with the Client to review the Client’s Cloud Service,
including Client adoption, current actions, issues, and future plans.
●
Priority scheduling for Weekend Upgrades – Client will receive preference for scheduling weekend
upgrades with times reserved for Client and other Clients that purchase IBM Emptoris Sourcing on
Cloud Premier Premium Support.
●
External Code – Client must subscribe to IBM Emptoris Sourcing on Cloud Premier Premium
Support in order to have custom artifacts installed in the Cloud Service such as user exits, adapters,
or other external processes.
Remotely Delivered Services
In order for IBM to deliver the Service Engagement, Client will:
1.4.1
●
designate a Client point of contact to whom all communications relative to the Cloud Service will be
addressed, and who will have the authority to act on Client’s behalf in all matters regarding the
Cloud Service; serve as the interface between IBM and all Client departments participating in the
Cloud Service; participate in project status meetings, obtain and provide information, data, and
decisions within three (3) working days of IBM's request; help resolve and escalate Cloud Service
issues within Client’s organization as needed;
●
provide IBM access to the Client’s Cloud Services;
●
cooperate towards completing Client tasks and activities;
●
acknowledge and agree that these services are designed to support one business area
implementing the software, with one set of requirements. The Cloud Service supports deployments
for multiple business areas, but additional areas may require additional Service Engagements;
●
provide Client’s business requirements relative to the Service Engagements purchased;
●
be responsible for the development and implementation of test plans, corresponding test scripts,
and associated data; and
●
be responsible for development of end user business procedures and development and delivery of
enablement services to the end users, and
●
consult with IBM prior to engaging third parties whose work may affect IBM’s ability to provide the
Services, and be responsible for the management and performance of the third parties.
Service Engagements
a.
IBM Emptoris Sourcing RFx Implementation Service Engagement
IBM will provide services to implement the Cloud Service to allow the Client to run eRFX and eAuction
events in support of a procurement transformation activity. IBM will conduct two 4-hour design workshops
for the Cloud Service. One workshop will address the administrative setup of the Cloud Service such as
organization, users and assignment to sourcing roles, supplier approach, and categories for linking with
sourcing events. The other workshop will focus on content configuration associate with eRFx, such as
notifications, smart data library, contract templates, configuration options, and the functions for importing
and exporting sourcing event details. IBM will provide up to 24 hours of enablement for configuration of
eRFx events, including eAuction events. IBM will configure a small number of representative
configuration, such as up to three notifications, five smart data library entries, and one RFx template. IBM
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will provide consultative support to Client for software usage, Client validation process, Client business
procedure development, and Client end user enablement. The IBM Emptoris Strategic Supply
Management Master File Implementation Service Engagement must be purchased and completed
concurrently with this service or completed before this service is delivered.
b.
IBM Emptoris Sourcing Administrator Enablement Service Engagement
IBM will provide enablement services to Client administrators of the Cloud Service. This will include
functional reviews of the administrative functions, best practice discussions, hands on experience
performing the admin functions on a test site, and responding to specific Client questions during the
course of the enablement session. IBM will conduct an enablement workshop for the Cloud Service
functions within the IBM Emptoris Strategic Supply Management module. Topics of the workshop include
overview of eRFx events, categories, internal organizations, user roles, configuration properties,
notifications, templates, reporting, and supplier onboarding relative to sourcing, import/export functions,
eRFx evaluation tools, and terms of use functions. The workshop will include a functional overview and
Client user hands-on exercises for familiarization of the Cloud Service. The IBM Emptoris Sourcing RFx
Implementation Service Engagement must be purchased and completed concurrently with this service or
completed before this service is delivered.
c.
IBM Emptoris Sourcing RFx Design & Implementation Service Engagement
IBM will provide sourcing event design services to support a Client sourcing event project. These services
will include sourcing strategy, configuration of the sourcing event in the Cloud Service, event level support
during the open time of the sourcing event, evaluation strategy and evaluation of the supplier responses.
These services are provided on a per-event basis. Note that one sourcing event may involve use of
several of the eRFx types available in the software module, such as RFI, RFP, or eAuction. IBM will
conduct an Event requirements workshop to obtain the goals and requirements details from the Client.
IBM will develop an event strategy, including configuration of the event, and an evaluation approach. IBM
will configure the event in the Cloud Service. IBM will enable the invited suppliers for participation in the
bidding activities for the event. IBM will provide evaluation results once the event has closed, based on
tools in the software and the evaluation approach. IBM will provide event management services during
the open period of the event. The IBM Emptoris Sourcing RFx Implementation Service Engagement must
be purchased and completed concurrently with this service or completed before this service is delivered.
d.
IBM Emptoris Sourcing RFx Advanced Sourcing Implementation Service Engagement
IBM will provide enablement and implementation services to Client for the advanced features of the Cloud
Service. This includes use of the decision support functions, use of Client defined item fields and bid
fields, and use of bid field formulas. Also included is a review of the eAuction methods available in the
system. IBM will conduct a two day enablement workshop for the advanced features of the Cloud Service
including Client defined item fields, bid fields, and formula fields, use of multi round function, use of
targeted invite to the sourcing event, review and use of decision support analysis and reporting tools. The
workshop will include a functional overview and Client user hands-on exercises for familiarization of the
Cloud Service. The IBM Emptoris Sourcing RFx Implementation Service Engagement must be purchased
and completed concurrently with this service or completed before this service is delivered.
2.
Security Description
This Cloud Service follows IBM’s data security and privacy principles for IBM SaaS which are available at
www.ibm.com/cloud/data-security and any additional terms provided in this section. Any change to
IBM’s data security policies will not degrade the security of the Cloud Service.
The Cloud Service will enable Client to input and manage content containing information which may be
considered personal information (PI) under applicable privacy laws including contact information (name,
address, email, phone number, staff ID, cost center) and technical identifiers (username, password, IP
addresses, MAC addresses). IBM will comply with requests from Client, its employees, or Guest Users to
access, update, correct or delete such personal information.
This Cloud Service is not designed to any specific security requirements for sensitive personal
information, protected health information, or other regulated content. Client is responsible to determine if
this Cloud Service meets Clients needs with regard to the type of content Client uses in connection with
the Cloud Service. Under no circumstances may Client use this Cloud Service to collect, process or store
protected health information.
The Cloud Service does encrypt content during data transmission between the IBM network and the
network access point or end user machine. The Cloud Service does encrypt content when at rest awaiting
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data transmission if the Client is using version 10.1.1 or higher of the Cloud Service otherwise, Client is
responsible to encrypt content prior to adding to the Cloud Service.
3.
Service Level Agreement
IBM provides the following availability service level agreement (“SLA”) for the Cloud Service as specified
in a PoE. The SLA is not a warranty. The SLA is available only to Client and applies only to use in
production environments.
3.1
Availability Credits
A support ticket claim for failure to meet an SLA must be submitted within thirty business days after the
event that has impacted the Cloud Service availability. Compensation for a valid SLA claim will be a credit
against a future invoice for the Cloud Service based on the duration of time during which production
system processing for the Cloud Service is not available (“Downtime”). Downtime is measured from the
time Client reports the event until the time the Cloud Service is restored and does not include time related
to a scheduled or announced maintenance outage; causes beyond IBM’s control; problems with Client or
third party content or technology, designs or instructions; unsupported system configurations and
platforms or other Client errors; or Client-caused security incident or Client security testing. IBM will apply
the highest applicable compensation based on the cumulative availability of the Cloud Service during
each contracted month, as shown in the table below. The total compensation with respect to any
contracted month cannot exceed 10 percent of one twelfth (1/12th) of the annual charge for the Cloud
Service.
For bundled Cloud Services (individual Cloud Service offerings packaged and sold together as a single
offering for a single combined price), the compensation will be calculated based on the single combined
monthly price for the bundled Cloud Service, and not the monthly subscription fee for each individual
Cloud Service. Client may only submit claims relating to one individual Cloud Service in a bundle at a
given time.
3.2
Service Levels
Availability of the Cloud Service during a contracted month
Availability during a contracted month
Compensation
(% of monthly subscription fee* for contracted
month that is the subject of a claim)
<99.7% for Clients that purchase Premium Support
2%
<99.0 if Premium Support is not purchased
2%
<97.0
5%
<95.0
10%
* If the Cloud Service was acquired from an IBM Business Partner, the monthly subscription fee will be
calculated on the then-current list price for the Cloud Service in effect for the contracted month which is
the subject of a claim, discounted at a rate of 50%.
Availability, expressed as a percentage, is calculated as the total number of minutes in a contracted
month minus the total number of minutes of Downtime in a contracted month divided by the total number
of minutes in the contracted month.
Example: 500 minutes total Downtime during contracted month
43,200 total minutes in a 30 day Contracted Month
-- 500 minutes Downtime
= 42,700 minutes
_________________________________________
= 2% Availability Credit for 98.8%
availability during the contracted month
43,200 total minutes
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4.
Technical Support
IBM will make available the IBM Software as a Service Support Handbook which provides technical
support contact information and other information and processes. Technical support is offered with the
Cloud Service and is not available as a separate offering.
Severity
1
Severity Definition
Critical business impact/service down:
Business critical functionality is inoperable or
critical interface has failed. This usually applies to
a production environment and indicates an
inability to access services resulting in a critical
impact on operations. This condition requires an
immediate solution.
Note: We will work with you 24X7 to resolve
critical problems providing you have a technical
resource available to work during those hours.
Significant business impact:
A service business feature or function of the
service is severely restricted in its use or you are
in jeopardy of missing business deadlines.
Minor business impact:
Indicates the service or functionality is usable
and it is not a critical impact on operations.
Minimal business impact:
An inquiry or non-technical request
2
3
4
5.
Entitlement and Billing Information
5.1
Charge Metrics
Response Time
Objectives
Within 1 hour
Response Time
Coverage
24X7
Within 2 business
hours
M-F business hours
Within 4 business
hours
M-F business hours
Within 1 business
day
M-F business hours
The Cloud Service offerings are sold in accordance with the following metric(s):
a.
Authorized User is a unit of measure by which the Cloud Service can be obtained. Client must
obtain separate, dedicated entitlements for each unique Authorized User given access to the Cloud
Service in any manner directly or indirectly (for example: via a multiplexing program, device, or
application server) through any means. Sufficient entitlements must be obtained to cover the
number of Authorized Users given access to the Cloud Service during the measurement period
specified in Client's Proof of Entitlement (PoE) or Transaction Document.
b.
Engagement is a unit of measure by which the services can be obtained. An Engagement consists
of professional and/or training services related to the Cloud Service. Sufficient entitlements must be
obtained to cover each Engagement.
c.
Event is a unit of measure by which the Cloud Service can be obtained. Event entitlements are
based on the number of occurrences of a specific event related to the use of the Cloud Service.
Event entitlements are specific to the Cloud Service and the type of event may not be exchanged,
interchanged, or aggregated with other Event entitlements of another Cloud Service or type of
event. Sufficient entitlements must be obtained to cover every event that occurs during the
measurement period specified in a Proof of Entitlement (PoE) or Transaction Document.
For purposes of this Cloud Service, an Event is a unique report generated from the processing of an
email, email list, html code, domain or IP address by the Cloud Service.
d.
5.2
Instance is a unit of measure by which the Cloud Service can be obtained. An Instance is access to
a specific configuration of the Cloud Service. Sufficient entitlements must be obtained for each
Instance of the Cloud Service made available to access and use during the measurement period
specified in Client’s PoE or Transaction Document.
Partial Month Charges
A partial month charge as specified in the Transaction Document may be assessed on a pro-rated basis.
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5.3
On Demand Charges
On-Demand options will be invoiced in the month the on-demand option is ordered by Client at the rate
set forth in the Transaction Document.
5.4
Remote Service Charges
Remote Services and Maintenance Subscriptions are delivered either remotely or at an IBM location.
Project plans, and project documentation are delivered as IBM owned documents with unlimited right for
the Client to copy and re-use for its business activities. IBM will assign delivery resources within 20
business days of order receipt and will provide weekly project status reports. Remotely Delivered Service
Engagements are expected to be complete within 150 days of start of the service activity.
5.5
Verification
Client will i) maintain, and provide upon request, records, system tools output, and access to Client’s
premises, as reasonably necessary for IBM and its independent auditor to verify Client’s compliance with
the Agreement, and ii) promptly order and pay for required entitlements at IBM’s then current rates and
for other charges and liabilities determined as a result of such verification, as IBM specifies in an invoice.
These compliance verification obligations remain in effect during the term of the Cloud Service and for
two years thereafter.
6.
Term and Renewal Options
The term of the Cloud Service begins on the date IBM notifies Client of their access to the Cloud Service,
as documented in the PoE. The PoE will specify whether the Cloud Service renews automatically,
proceeds on a continuous use basis, or terminates at the end of the term.
For automatic renewal, unless Client provides written notice not to renew at least 90 days prior to the
term expiration date, the Cloud Service will automatically renew for the term specified in the PoE.
For continuous use, the Cloud Service will continue to be available on a month to month basis until Client
provides 90 days written notice of termination. The Cloud Service will remain available to the end of the
calendar month after such 90 day period.
7.
Enabling Software
This Cloud Service includes enabling software, which may be used only in connection with Client’s use of
the Cloud Service and only for the Cloud Service term.
8.
Additional Terms
8.1
General
Client agrees IBM may publicly refer to Client as a subscriber to the Cloud Services in a publicity or
marketing communication.
8.2
Backup
Backups are performed daily for production Instances and weekly for non-production Instances. IBM will
retain a backup copy of Client’s data for a maximum period of 90 days for production Instances and up to
seven days for non-production Instances. Client is responsible for configuring the Cloud Service security
to prohibit individual users from deleting data, and once the data is deleted Client acknowledges and
agrees IBM is not obligated to recover the deleted data and, if available, may charge for such effort.
8.3
Cloud Service Expiration
Before expiration or termination of the Cloud Service Client can use any of the provided reporting or
export features of the Cloud Service to extract data. Custom data extraction services are available under
a separate agreement. Upon receiving a support request from Client within 30 days of the Cloud Service
expiration or termination date, IBM will return to Client an electronic copy of Client’s content in the native
application format.
8.4
Cloud Service Upgrades
IBM will install and configure software upgrades to the production or non-production environments at a
mutually agreed time, subject to scheduling availability during business hours in the Client’s time zone.
Clients that subscribe to Essential or Premier Premium Support can request scheduling during weekends
based on scheduling availability. Premier Premium Support Clients receive priority for scheduling during
weekend upgrade scheduling.
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IBM will provide notice 12 months prior to the termination of support for the version of the IBM software
provided as part of the Cloud Service. IBM will work with Client to migrate each of Client’s Instances of
the Cloud Service to a supported version of the software prior to the termination of support date. Client
will be responsible for the migration costs. If the migration to a supported version of the software is not
completed within the notice period, other than as a result delays caused solely by IBM or its
subcontractors, IBM may terminate this agreement upon 30 days written notice to Client.
8.5
Database Refreshes
IBM will replicate production database contents to Client’s non-production environment once per quarter
(or up to four times per quarter for Premium Support), for each non-production system purchased.
Refresh services will be performed at a mutually agreed time, subject to scheduling availability
8.6
Client Provided Certificates
The Cloud Service will be configured to use an IBM provided internet uniform resource unless Client
requests specifically to use Client’s own internet uniform resource locator. If Client chooses to use its own
internet uniform resource locator for the Cloud Service then Client will bear all responsibility, maintenance
and costs for the renewal of the uniform resource locator and any required certificates. Client must deliver
the required certificates and setup information to IBM before the provisioning of Client’s Cloud Service is
completed.
8.7
Disaster Recovery
To the extent Client is running on a current, supported version of the Cloud Service, if Client has
purchased at least one non production environment, in the event of a major system disruption caused by
a natural disaster (e.g. fire, earthquake, flood, etc.), disaster recovery will be accomplished by using
commercially reasonable efforts to restore Client’s production data to one of Client’s non-production
environments with a recovery objective of 72 hours. This is not a warranty and no service level agreement
is available.
8.8
Cumulative Entitlements Requirement
Clients must obtain an Instance entitlement, as well as sufficient Authorized User entitlements to cover
the Cloud Service Users of IBM Emptoris Sourcing on Cloud and IBM Emptoris Sourcing Premium on
Cloud.
8.9
Entitlements Not Required
Administrative users are included in the Cloud Service offering. Client is not required to obtain Authorized
User entitlements for administrative users of the Cloud Service.
An administrative user is authorized to create the following: internal or external users, internal or external
organizations, currency tables, system level templates, categories, data sources, groups, roles and
workflows. An administrative user may also manage the following: notifications, system level
configurations, categories and master supplier records.
Any external user (users associated with external third parties with whom Client is engaged) may be
provided access to the Cloud Service and are considered Guest Users. Client is not required to obtain
Authorized User entitlements for Guest Users of the Cloud Service. Guest Users are Client’s
responsibility, including but not limited to a) any claims made by the Guest Users relating to the Cloud
Service; b) charges incurred by the Guest User; or c) any misuses of the Cloud Service by these Guest
Users. Guest Users are provided support for the following items only:
●
Password and login issues
●
Navigation
●
Browser issues
●
Product functional questions
Please contact IBM for support in languages other than English.
8.10
OJEU Requirements
If a Client utilizes the OJEU feature where the sourcing system transmits data to the Tenders Electronic
Daily (TED) site, the Client is responsible for applying to the OJEU and passing the GAMMA testing. The
data transmission is solely between the Client and this third party site. IBM makes no warranties or
representations about such third party sites or services and shall have no liability for such third party sites
or services.
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