Clarifications
There are 141 clarifications for this DPS
41. We are aware that the Core Terms are non-negotiable but wondered if it would be possible for you to clarify the below three points for us please as an academic institution. These have arisen after our contracts office have reviewed all the terms and related policy documents. (with thanks in advance for your response)
(1)Research and teaching licence - Clause 9.2: We would request the licence to be extended to non-commercial research, teaching, and publication. This is required by our charitable guidelines.
(2)Liability cap - Clause 11.2 We would seek to cap our liabilities and 150% of the relevant call-off contract price would be acceptable.
(3)Publication - As a University we would seek to publish our Results as without the same the work cannot be classed as research in accordance with our charitable guidelines.
As you rightly mention, the core terms are non-negotiable, however these areas are able to be discussed at call off level with each Buyer/Customer.
For example, should you receive an invitation to bid on a new requirement, you can use the clarification period to request amendments to this as special terms to be included in the Order Form (DPS Schedule 6).
The Buyer/Customer can then confirm whether they would be happy with these changes, allowing you to choose to continue with your bid or not.
Answered
06/01/2022 12:16
40. What should we enter if we don't have a company number as we are a third sector organisation.
00000000 is acceptable to get you through your application.
Answered
16/03/2022 13:28
39. DPS Schedule 5 does not state what the Management Levy amount/percentage is. Please could you confirm the amount/percentage of fee due as the Management Levy?
Please see section 13 of the RM6126 DPS Appointment Form (which summarises the contract between CCS and the Supplier) this section confirms 1% levy charge.
Answered
18/03/2022 08:10
38. Supply chain visibility schedule: this states that the supplier shall "advertise on Contracts Finder all Sub-Contract opportunities arising from or in connection with the provision of the Deliverables above a minimum threshold of £25,000 that arise during the Contract Period". Are we correct in interpreting this to mean that if we name specific sub-contractors in a tender submission for work under the framework then we do not need to advertise on Contracts Finder?
The definition of Effective Date may be found within Joint Schedule 1 - Definitions. The Clause in question is to enable the meeting of PPN 01/18 (Supply Chain Visibility) and the obligations within
Answered
06/01/2022 12:19
37. Is there an option to view all the questions in the 2nd stage of the RM6126 _Research & Insights and once complete download all our responses.
If you see Attachment 7 within the bid pack on SRS you will be able to view all questions on the SQ and DPSQ.
Answered
16/03/2022 15:33
36. Question 56 of the Research Insights questionnaire - does the contract need to have been completed? For example, if we wanted to use a 2-3 year contract for which most of the outputs have been delivered, could this be used as an example in this section?
No, the contract does not need to have been completed. You are welcome to use an example of work that is still currently underway.
Answered
06/01/2022 12:20
35. We are tying up our application for the Research & Insights framework, however many of our clients are unwilling to sign the Attachment 1 due to the what appears to be quasi-contractually binding commitments between the two parties. We often work with high profile clients on commercially sensitive subjects, so it is understandable that this would be problematic for them.
While not in the same format, would a signed letter from the client confirming satisfaction with the work done suffice, alongside the contact details which the CCS can use to verify its statement?
We can confirm a signed letter from the customer confirming satisfaction with the work done will suffice.
Answered
05/01/2022 16:45
34. As a follow up to Clarification Q16 we submitted: we note that under the Frequently Asked Questions PPN 06/21: Taking Account of Carbon Reduction Plans in the procurement of major government contracts it states - In-Scope Organisations should take action to apply PPN 06/21 when procuring goods and/or services and/or works which are subject to the Public Contracts Regulations 2015, where there is an anticipated contract value of £5 million per annum and above (excluding VAT) unless it is not related and proportionate to the contract. PPN 06/21 applies to the procurement of framework agreements and dynamic purchasing systems only where it is related and proportionate, and where it is anticipated that the individual value of any contract to be awarded under the framework agreement or dynamic purchasing system is £5 million per annum and above (ex VAT). ... Does PPN 06/21 applied to call offs from frameworks or Dynamic Purchasing Systems? PPN 06/21 applies to the procurement of framework agreements and dynamic purchasing systems only where it is related and proportionate, and where it is anticipated that the individual value of any contract to be awarded under the framework agreement or dynamic purchasing system is £5 million per annum and above (ex VAT). Where a call off is being made from a framework agreement or dynamic purchasing system which included PPN 06/21, the contracting authority may verify that the supplier continues to meet the Carbon Reduction Plan requirements prior to entering into contract.
Therefore as a social research organisation we have never bid for a contract that is more than £5 million per annum and believe that PPN06/21 does not apply as the contracts we would be bidding for would not be related or proportionate. Therefore we are confused that our access to those contracts via the R&I DPS is being blocked through the necessity of having a CAP in place as part of the application.
Please see response to Question 9.
Further to this, it is a requirement for all supplier organisations to have a Carbon Reduction Plan in place in order to obtain a place on the RM6126 Research & Insights DPS agreement.
If however, you are currently creating your Carbon Reduction Plan, please note, that an acceptable interim measure would be to submit an early draft Carbon Reduction Plan if you have also signed up to the Market Research Society (MRS) Carbon Net Zero Pledge, if you can confirm that you are on that list of signees (found here) then we can accept your final Carbon Reduction Plan at a later date.
If you would like assistance with creating your Carbon Reduction Plan, Crown Commercial Service will be holding a series of online training sessions on producing Carbon Reduction Plans, to help suppliers meet compliance of procurement policy, PPN 06/21.
You are able to sign up for the training, free of charge, at this link.
Answered
06/01/2022 12:24
33. We note the answer to Clarification question 8 regarding the requirement for a Carbon Reduction plan to be produced on contracts over £5 million. However can you confirm whether a supplier is required to have a Carbon Reduction Plan in place to be accepted onto the Research and Insights DPS and if they answer no to Q51 on carbon net zero that this will be an automatic fail on their application to the DPS
Please see response to Question 9
Answered
06/01/2022 12:25
32. Q168: Is it compulsory to provide this letter outlining the company's current cash and credit position?
Not compulsory.
Answered
26/01/2022 16:22
31. Q166: According to section 476 of the Companies Act 2006 we are lawfully entitled to claim exemption from having our annual accounts externally audited. Do we still need to provide audited accounts for the last 2 years?
If you are a small company you are exempt of having accounts audited but in order for us to assess them we would still need your unaudited accounts for the last 2 years (assuming you fall below the threshold and need an assessment).
Answered
26/01/2022 16:23
30. Q154: Does this question refer to all sub-contractors that we might potentially use throughout the life of this framework or is it any sub-contractor relating to the examples given in Q150 to 152?
CCS can confirm that only Sub-contractors directly responsible for delivery of the services under this DPS are required.
Answered
16/12/2021 15:17
29. Q150: Can you please confirm if this refers to all contracts in the last 3 years or just the contracts which were procured through the current DPS Framework.
Please refer to the Response Guidance for Confirmation of Works document within the Bid Pack which details response requirements.
Answered
16/12/2021 15:16
28. Q144: Is the response to the question a pass/ fail? In the procurement notice it states: 'Public procurement of contracts with a full life value of £10 million and above and duration of 12 months and above should be used to support skills development and delivery of the apprenticeship commitment.' We don't anticipate bidding for any individual projects with a full life value of £10 million and above or does this refer to the framework in its entirety?
We can confirm, this is not a pass/fail question.
Answered
18/03/2022 08:15
27. Q51: The procurement notice outlines that Carbon Reduction Plans are only required if suppliers are tendering for projects with a minimum value of £5million. We would not be tendering for projects of that size and would like confirmation if it is required to submit a Carbon Reduction Plan for appointment on to the framework?
Please see response to Question 9
Answered
06/01/2022 12:08
26. -Clause 14.3 of the DPS Core Terms: we've not had a contract condition to send the buyer copies of government data every 6 months and this seems to us to be unnecessary and actually not good practice. What is meant by this clause? Is the spirit of this more about sending copies upon request? If so, can this clause be changed?
-Supply chain visibility schedule: this states that the supplier shall "advertise on Contracts Finder all Sub-Contract opportunities arising from or in connection with the provision of the Deliverables above a minimum threshold of £25,000 that arise during the Contract Period" with a further clause that this only applies "after the Effective Date". The term "Effective Date" is unclear to us. Are we correct in interpreting this to mean that if we name specific sub-contractors in a tender submission for work under the framework then we do not need to advertise on Contracts Finder?
- DPS Schedule 5 does not state what the Management Levy amount/percentage is. Please could you confirm the amount/percentage of fee due as the Management Levy?
The definition of Government Data can be found within Joint Schedule 1- Definitions; The terms in question are as written and will not be changed. If further understanding is required please seek own legal advice
The definition of Effective Date may be found within Joint Schedule 1 - Definitions. The Clause in question is to enable the meeting of PPN 01/18 (Supply Chain Visibility) and the obligations within
Answered
13/12/2021 16:03
25. Attachment 1a Letter of Confirmation Template is drafted on the assumption that the customer organisation is a corporate body. Public Sector customers are not generally corporate bodies. Can we modify the template for a non-corporate customer organisation?
When providing a response please confirm in the document the status of the customer organisation without amending the template.
CCS can confirm that the template should not be modified in any way beyond providing the information requested in relevant fields
Answered
16/12/2021 15:16
24. Could you please provide clarification on what evidence needs to be included in the 'bank letter outlining current cash and credit positions'? We have requested this from our bank, however they were unclear on what exactly was required.
Similarly, we assume most of the financial requirements (i.e. profit and loss, assets and liabilities etc.) are covered by the information in our audited accounts, unless CCS requires more detail. Please could you clarify if other evidence is required, or if the relevant extracts from our accounts would be sufficient?
Usually the bank letter would state the current cash balances of a company. However this is not needed as we get the information we need from your financial accounts. We need the accounts for the last 2 years to run an assessment.
Answered
26/01/2022 16:24
23. Good morning,
Can you clarify what is required as 'certificates' for our major projects?
Please refer to the DPS Needs document in the Bid Pack, specifically paragraph 72 Certificates.
Answered
16/12/2021 15:15
22. We have noticed that the framework is already in use. We are currently unable to finalise our application due to completing the Carbon Reduction Plan (CRP). We have not previously been required to have a CRP as we do not bid for opportunities over £5million. Is there any way that we can submit our application with the agreement that the CRP will be updated within two weeks of this date? This should be before the submission of any bids and before award.
Please see response to Question 9
Answered
06/01/2022 12:06