Capricorn Bacillus-19 Vaccination App Development 2020 PDF

GENERAL INFORMATION Capricorn is a developing country located in Asia, with a Parliamentary form of government. The government is created by the Constitution of Capricorn as the legislative, executive and judicial authority to govern the union of 25...

GENERAL INFORMATION Capricorn is a developing country located in Asia, with a Parliamentary form of government. The government is created by the Constitution of Capricorn as the legislative, executive and judicial authority to govern the union of 25 (twenty-five) states. On March 20, 2010 vide extraordinary Gazette notification, the Government of Capricorn has set up a ‘Ministry of Health’ (‘Ministry’). The said ministry will be responsible for public health, quality of life and social work. Since its incorporation, the Ministry has been in public eye due to varied reasons. In January 2019, a viral disease called Bacillus-19 broke out in various parts of the world. The effects of the disease ranged from fever, dry cough and tiredness and may in serious cases result in difficulty in breathing and even death. The research team across countries had engaged in the discovery of a vaccine for Bacillus -19, since the outbreak in January. Finally in 2020, the research team had found the vaccine named 'Cure-All' and that after several clinical trials, it has been proven to be safe to be administered. Pursuant to the same, the Ministry launched the vaccination drive against Bacillus -19. In order to manage the inoculation drive and to help people in getting information about the availability of slots in their locality, the Ministry had developed a mobile application named ‘Safe-all’ (‘App’). Eventually it turned out that the App has posed a significant hurdle in the mass inoculation of Indians against Bacillus -19. Further, there were reports published of an alleged breach of data related to the vaccination status. However, the Ministry rejected the claims made in the report and further added that the allegations regarding privacy breach has no concrete basis or truth associated with it whatsoever. Even though the claims were rejected by the Ministry, it decided to put forth better safeguards to ensure protection of citizen’s sensitive personal data. Resultantly, the Ministry decided to develop a new app that suited and fulfilled the current demands for Bacillus -19 vaccination, with added features of security, user authentication and vaccine delivery modules. In order to ensure best deal for themselves with quality standards, the Ministry issued a Request for Proposal (“RFP”) for inviting bids from qualified IT personnel. Under the scope of work of the RFP, it was mentioned that the IT personnel will be required to design and develop an app as required by the officials. Further, it was mentioned that the purpose and complete information with respect to app requirement shall be disclosed only to the selected bidder. The Ministry evaluated the bid submitted by all 18 (Eighteen) contractors and finally on June 1, 2020, the Ministry issued letter of award to M/s RC Ltd. (“Contractor”) for development of app that suited and fulfilled the current demands for Bacillus -19 vaccination. Subsequently, an Agreement was executed by and between the Ministry and the Contractor(‘Parties’) which specifically stated the following clauses: 1. The Contractor shall be responsible for developing an app that can be replaced with ‘Safe-all’. Further, it categorically stated that the same shall be designed keeping in mind the highest safety standards ensuring that all the sensitive personal data pertaining to the health information of various individuals is secured. 2. In case the Contractor wishes to outsource any part of the work, the Contractor shall be required to take prior written approval from the Ministry and the Contractor shall be solely responsible and liable for all the acts/omissions of the sub-contractors. 3. Contractor is bound to not disclose any kind of information being provided or shared by them to any other party. Further, Contractors and its employees shall not share any information/particulars with respect to the developed app with any other party. This clause shall survive termination. 4. The app shall be accessible only by national, state and district-level administrators. The general public can only register themselves for vaccination. 5. The Contractor shall be paid the total sum in following 2 instalments: 1st instalment: INR 30,00,000/- On submission of design and particulars of the app to the Ministry 2nd instalment: INR 70,00,000/- On successful completion of the project. The Contractors shall commence the work on the app with effect from June 15, 2020 and shall complete the app in all respect latest by August 1, 2020. Accordingly, after taking prior written consent from the Ministry, the Contractor appointed 4 other sub-contractors (‘Sub-Contractors’). Notably, the amount shall be paid by the Ministry to the Contractor and subsequently the Contractor shall be disbursing the amount to the Sub-Contractors in accordance with the agreement executed between them. Pursuant to this, the Contractor and the Sub-Contractors started working on the app and named the app as ‘ENG’. Thereafter, the work was going on smoothly and the Contractor and subcontractor had mentioned to the authorities that they will be able to develop the app before the due date. However, on July 09, 2021, Times of Capricorn had an article with the headline “Is Ministry of Health on its path to develop a new and better Safe-All?”. The article categorically stated that one of the reasons for development of new app might be the safety concerns raised by public. After reading the same, people started to believe that the reports which were published earlier in February 2020 with respect to alleged breach of data was true. Consequently, people started raising questions on the authority, Twitter was flooded with backlash and various RTI’s were filed by the public to get more information and insights on the mobile application ‘Safe-all’. As a result of this, the Ministry contacted the Contractor to inquire if this spread of information has been done from their end as apart from the Ministry officials, Contractor and Sub- Contractor, no other individual had any knowledge with respect to the particulars of the app. The Contractor and its team affirmed that they are not behind the leakage of this information. On further enquiry, the Ministry gets to know that the father of one of the Contractor is into journalism. Without any further delay and enquiry, the Ministry called out the contract and refused to pay any sum due towards the 2nd instalment. When asked for reason for termination, the officials of the Ministry stated that confidentiality was one of the key clauses of the Agreement executed between the parties and the Contractor has failed to honour the same. The Contactor reiterated that it was not from their end that the information was leaked. Further the Contractor stated that, the Ministry cannot terminate the Agreement as it has no valid proof that the said breach was committed by them. Additionally, the Contractor mentioned that they will have to bear heavy losses on termination of contract as ultimately it is the Contractor who will have to pay hefty amounts to the SubContractor. However, no response was provided by the Ministry on the same. Aggrieved by the decision of the Ministry, the Contractor invoked Clause 14.1 of the General Conditions of the Contract (‘GCC’) and decided to resolve the dispute via arbitration. However, the Ministry highlighted the first part of Clause 14.1 of the GCC to the Contractor which stated that “Any dispute shall be settled amicably between the parties by mediation through first attempt. If the dispute remains unresolved, it shall be resolved as per Arbitration and Conciliation Act, 1996.” Now, in accordance to this Clause 14.1 of the GCC, the parties have decided to amicably settle the dispute.