Clarifications

32. The 'register' questionnaire ends at 81/83, with page 81 stating "93% through this questionnaire". Please could the DPS review all documents and re-release a definitive bid pack.

31. Within the Selection Questionnaire, the pages seem to skip from page 123 > 136 > 143 (PDF page count is 123, 124 & 125). It then returns to a "normal" count. Please advise, if the document is missing content ASAP.

30. Attachment 6 Selection Questionnaire Page 137 Does the scope of the "similar service" extend beyond Certified Professionals? We note that qualifications from different bodies are already referenced in the Certified Consultancy application.

29. Attachment 6 Selection Questionnaire Page 137 Can the authority confirm that the term "assured" as in assured cyber services should be interpreted as certified as per the NCSC website? (See https://www.ncsc.gov.uk/section/products-services/ncsc-certification)

28. Please could the Framework confirm which bid pack(s) are correct?: There is a disparity between those on the 'contracts finder' site and the DPS site. Contracts finder has individiual folders (7, 7A, 7B and 7C) but none included the Selection Questionnaire. The DPS site has one overall folder, with all folders (7, 7a and 7b) apart from folder 7C. It does include the Selection Quesionnaire (215 pages). Is the DPS one correct and does it supercede the documents & folders on the contracts finder site? Thank you.

27. Hi, In reference to the document "READ FIRST RM3764iii Cyber Services DPS Needs v1.PDF". Paragraph 4.35 states various questions which are NOT required for submission. For Paragraph 4.36, can you please clarify if the questions numbers listed (i.e. Q166 - Q172, Q174, Q176, Q179 - Q185) are Required or NOT-Required for submission? Many thanks

26. General Also, please note that in a number of DPS Order schedules, the language has errors such as 'provided that the operation of this paragraph Error! Reference source not found.' Please could this be corrected?

25. Joint Schedule 6 Key Subcontractors 1.6.2 of this Schedule requires that we flowdown to our subcontractors a right 'under CRTPA for CCS and the Buyer to enforce any provisions under the Key Sub-Contract which confer a benefit upon CCS and the Buyer respectively'. The contract is with the Supplier and it is for the Suppler to manage Subcontractors. Please provide an example of this in practice. We would respectively request that this clause (1.6) is removed in its entirety.

24. Schedule 8 Schedule 8 describes the requirements of a Guarantee but does not obligate a Supplier at this point. In what specific circumstances would a Guarantee typically be required? If the Supplier is able to demonstrate financial standing/viability by other means (i.e sharing previous years' account history), would any Guarantee still be a necessity?

23. 14.3 Core Terms In consideration of the protection GDPR provides, why is it necessary that 'the Supplier must make accessible back-ups of all Government Data, stored in an agreed off-site location and must send to the Buyer copies every 6 Months'.

22. 11.5 Core Terms We note that the Supplier's liability relating to data protection, as per Article 11.5 of the Core terms are uncapped, thereby subjecting potential supplier's to a disproportionate amount of risk for this opportunity. This would appear to be out of step with the accepted normal contracting practice in the industry and may potentially require supplier's to account for contingency measures which could further increase cost in later opportunities. We would request that this be reconsidered as capped. 11.5 Core Terms Further, it is also stated that liability is uncapped for claims regarding an act or omission of the Supplier, any wilful misconduct and any Default by the Supplier relating to any applicable Law to do with the Contract. It further removes a cap for any non-payment of tax and Supplier transfer. The inclusion of such broad terms effectively negates the limit of liability for Suppliers as denoted in 11.2 and therefore again introduces added risk. We would request that these items are limited inside the stipulated cap.

21. 10.5.2 Core Terms 10.5.2 stipulates that when the contract ends, the Buyer's payment obligations under the terminated Contract stop immediately. Could you please clarify if that applies to obligations completed by the Supplier for which payment is due?

20. 10.7 Core Terms It is understood that within the public sector, consent with regards to Key Subcontractors is often a requirement. However, the contract stipulates 'at the Buyer's request, the Supplier must terminate any Subcontracts if there is a Change of Control of a Subcontractor which isn't pre-approved by the Relevant Authority in writing. What specific circumstances would cause a Buyer to request such termination?

19. 4.8 Core Terms 4.8 stipulates that if CCS or the Buyer can get more favourable commercial terms for the supply at cost of any materials, goods or services used by the Supplier to provide the Deliverables and that cost is reimbursable by the Buyer, then CCS or the Buyer may either require the Supplier to replace its existing commercial terms with the more favourable terms offered for the relevant item or enter into a direct agreement with the Subcontractor or third party for the relevant item. This clause seems conditional upon being 'reimbursable by the Buyer', in what circumstances would that arise? Additionally this does not factor into account all variables of the commercial terms a Buyer might achieve Vs what we as a Supplier achieve. All opportunities are won in competition so this does not accurately represent a 'level playing field'.

18. General Are all of the terms and schedules provided non-negotiable? Are terms negotiable at the order Form stage?

17. There are two Questionaires to fill in; Attachment 6 referred to in a previous questions is the SQ with no DPS specific questions. Where can you get digital access to the DPS SQ?

16. We have just registered and been approved as a supplier to the DPS. However - within the questionnaire, there is no-where for us to specify, that we are NCSC approved for Data Destruction services? All those listed for CESG services, do not relate to Data Destruction? We are a CAS-S supplier and can therefore destroy data, to secret level, but there was no where within the questionnaire to specify this service? Also when completing the questionnaire, under "CESG approved services" data destruction was greyed out? Who should I speak to about this please? I obviously want to ensure we are listed, for the services we can provide?

15. For question 130 and 131 in Part 3: Economic and Financial Standing of the Standard Questionnaire, we have responded with "no" as we do not have an ultimate parent company. In this case, is that what you would expect as the response?

14. Hi, In reference to the document "READ FIRST RM3764iii Cyber Services DPS Needs v1.PDF": - Paragraph 4.35 states various questions which are NOT required for submission. - For Paragraph 4.36, can you please clarify if the questions numbers listed (i.e. Q166 - Q172, Q174, Q176, Q179 - Q185) are Required or NOT-Required for submission? Many thanks

13. Referring to the "Read First" document, page 15 and 16 - Selection Questionnaire - Not Applicable questions: 4.36 Evidence submission stage for the following questions • Q166 - Q172; • Q174; • Q176; and • Q179 - Q185 Can you please clarify if we are required to submit evidence against these questions? If we do not need to provide evidence here, can you please advise on how we can proceed through the questionnaire as there is no N/A option?