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Showing contexts for: cloud computing services in Thoughtsol Infotech Private Limited vs Union Of India And 2 Others on 10 March, 2025Matching Fragments
10. Essentially the cloud contract envisages following functions to be performed under the contract:-
"A. Compute Services, Storage - Attached with VMs/VDIs, Data Transfer/ Data Out charges, Database & Analytics, Security/Other Component B. Storage - Blob/Object/Hot/Archive for E&P Class of Data and CDN Services C. Support Services D. Migration One time"
11. Services included in Clauses 'A' & 'B' broadly consists of compute services and storage. These services are to be provided by CSP. Remaining part of the cloud contract included in Clauses 'C' & 'D' consists of support services and migration of existing data to be performed by MSP on the propriety software of CSP.
82. Based upon the services provided by CSP viz-a-viz MSP and their respective shares in performing contract in monetary terms it can be safely concluded that CSP is the dominant partner in the cloud contract which not only performs major part of the contract consisting of compute services and its storage but also provides software licenses, processes and documents on behalf of MSP to DGH for the contract period. The MSP is the subservient partner in the cloud contract which only plays a supporting role in offering support services etc. for which it gets less than 3% outlay of the contract value.
83. Learned counsel for the parties otherwise acknowledge at the bar that providing of cloud compute services as well as storage of data etc. are highly skilled services which are currently limited to few multinational corporations like Amazon Web Services, Microsoft, Google etc. On behalf of the two bidders i.e. petitioner and the third respondent the cloud services are to be provided either by Amazon Web Services or by M/s Microsoft International as CSP. The MSP i.e. the petitioner or third respondent do not have the technical wherewithal to provide cloud compute services or storage etc. which is the dominant part of the contract. Their role in the cloud contract is limited to providing of support services and migrating data on the proprietary software of CSP.