Clarifications
There are 140 clarifications for this DPS
131. Q14 states: Does any individual have significant control (greater than 25% share capital) over the organisation i.e. a Person of Significant Control (PSC)?
If the PSC is a company, not an individual person, how should we answer question 14, as Q15 does not allow us to enter company details as a PSC.
The response does need to include the details of a person of significant control, rather than a company
Answered
21/04/2023 13:16
130. Good Morning - we raised the following question on 24th Mch but do not appear to have received a response?
We are in the process of applying under the SPARK DPS and wanted to clarify what you deem to be 'equivalent' for the following requirements:
BS EN ISO 9001 "Quality Management System" standard or equivalent.
BS EN ISO 14001 Environmental Management System standard or equivalent.
ISO 27001 Information Security Management standard or equivalent.
If you don't have these specific requirements then the best bet would be to get in touch to discuss what you do have ahead of applying and we can decide if they are equivalent not. info@crowncommercial.gov.uk
Answered
06/04/2023 15:56
129. Can you clarify what the deadline date is for applying to join SPARK, we understood the contract was until April 2025 and therefore could apply anytime up to that point?
Suppliers can join up to the point where the agreement closes. The agreement closes 15/04/2025
Answered
27/03/2023 13:47
127. Our organisation doesn't have cyber essentials or cyber essentials plus and we don't have any plans to apply as we already have SOC2 controls in place. We have a document that maps the Cyber Essential controls to our organisations SOC2 controls that we're happy to share. It states our application for Spark will be rejected if we don't state we're going to be onboarding CE or CEP, how should we respond if we already have strong security measures in place?
It is a requirement for all suppliers to have Cyber Essentials in place before they enter into their first call-off contract under Spark. There is no provision for alternatives to be offered.
Answered
13/03/2023 16:08
126. Good Morning. We are planning to supply an AI medical technology consisting of an AI software supporting lung endoscopic navigation, which is placed on the market together with its dedicated hardware. The software and the hardware are non-separable (i.e. shall be provided as a system) since the hardware is part of the Regulatory Approval (CE marking) of the system. The hardware is the PC running the software and providing for the data connection with the other Operating Room imaging equipment that provides real-time images that are processed by the AI software to provide support to the Healthcare professional in catheter/device navigation during pulmonary procedures.
Does the SPARK DPS apply to the system?
Yes that will be fine, as long the correct filters are selected
Answered
23/02/2023 16:43
125. Question 75 requests us to tick our security classification either Offical or Above Official. Our contracts do not require this level of security so we have not applied for this level of security clearance.
How do I answer this question to move on to the remaining questions when the system requires a box to be ticked?
If you are not Above Official you are Official. If you click Official you will be able to move on
Answered
27/01/2023 11:39
124. Is there a deadline for submission to be awarded onto the framework?
Suppliers can join up to the point where the agreement closes. The agreement closes 15/04/2023
Answered
06/09/2022 11:53
123. Hi,we are expert provider of emerging technology advsiroy/discovery services for procurement and supply chain capability? can we fit in to SPARK DPS? or you must have a technology to sale?
Spark is designed to support public sector customers with delivering innovative technology solutions to support their requirements. As the supplier you would need to be able to provide the technology solution which falls under one of sparks areas of innovation.
Answered
13/07/2022 10:37
122. Are buyers able to Direct Award to a Supplier on the SPARKS DPS?
Buyers are unable to direct award through the SPARK DPS. The route to market would be through further competition only
Answered
18/05/2022 09:18
121. As a US based company do we require to have a UK Company Registration Number to complete an application to join Spark DPS?
CCS can confirm, if you do not have a Company Registration Number, you can use zeros for completing this question. Any further issues, please refer to support@nqc.com
Answered
22/04/2022 13:38
120. F02: Contract notice
Notice reference: 2022/S 000-007068
Published 15 March 2022, 10:45pm
Dear Sir or Madam,
Could you please clarify if suppliers which are currently listed on SPARK RM6094, must (re-)submit their (previous) tender by 15/04/2022 if they wish to stay listed on SPARK beyond its current expiry date 15/04/2023?
Thank you.
I look forward to hearing from you.
Yours sincerely
CCS can confirm that suppliers will not be required to resubmit there DPS Application, instead the DPS will remain open for the extended time frame. Bidders are able to submit new or amend previously submitted DPS applications as normal, via the Supplier Registration System dashboard.
Answered
21/03/2022 09:24
119. In the call-of-contract (schedule 4 of the bid pack), section 35.6.1 indicates that supplier is always a processor, which can't always be the case. Should it say for "personal data provided by the Authority"? The definition for the "Customer's Confidential Information" says "all Personal Data". However, we do not understand how this can be the case if the personal data is the Supplier's.
The clause is worded correctly. However in a situation where the processor/controller are different the customer could use additional terms to support this.
Answered
09/09/2021 14:23
118. In the call-of-contract (schedule 4 of the bid pack) in relation to section 34.10 (Escrow). What happens if there is no source code to be provided as part of the service? This section doesn't seem to clarify that it only applies where relevant. Please clarify.
Whether there is IPR to be subject to escrow can be decided between the customer and supplier when the call-off is signed.
Answered
09/09/2021 14:24
117. In the DPS Agreement, the definition for "Sub-Contract" includes "provides facilities or services necessary for the provision of the Goods and/or Services." If the Supplier uses cloud computing resources such as AWS can you clarify whether that would not constitute a Sub-Contract situation?
Yes, that would qualify as a sub-contract and should be declared as such.
Answered
09/09/2021 14:24
116. In the DPS Agreement, section 25.2.2 says "Process Cyber Essentials Data", can you explain what that means?
This would include data that is usually covered by the Cyber Essentials scheme. Further information can be found in this PPN: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/526200/ppn_update_cyber_essentials_0914.pdf
Answered
09/09/2021 14:24
115. In the DPS Agreement, please clarify whether 27.4 in general only applies to situations where the Supplier are a data processor on behalf of the CCS, i.e. not where the Supplier are a controller in their right.
This is correct.
Answered
09/09/2021 14:25
114. In the DPS Agreement, section 27.4.1 says that the only processing the Supplier is authorised to do is listed in Schedule 22. Could you provide a version of Schedule 22 populated as it will be for the version that will be signed such that we can review it?
At a DPS agreement level it is unlikely the supplier will actually process data on behalf of the Authority and so completing Schedule 22 prior to signing the agreement is unnecessary.
Answered
09/09/2021 14:25
113. In the DPS Agreement, schedule 2, section 3.2 (Standards) lists a number of ISO Standards. Can you clarify if it is a requirement for the Supplier to have certifications under those standards to a) enter the spark scheme b) at the point which the Supplier is awarded a call-off-contract c) never?
The standards listed in section 3.2 are required to enter the Spark Scheme.
Answered
09/09/2021 14:26
112. We are a start up and as such, do not have a current contract. However, we do have a completed project funded through Innovate UK and signed off. Will this suffice for the contract example - otherwise how can a start up that fits with disruptive technology actually be able to participate?
Yes, a completed project with Innovate UK does qualify as a contract example.
Answered
09/09/2021 14:28
111. Good Morning.
Please can you advise how long (typically) the timeframe is between a bidder submitting an application, having their application reviewed/accepted and then appointed to the DPS?
As per the DPS Needs document located within the associated bid pack, CCS will assess a bidders application within 10 working days, extended to 15 working days in the event additional information is required.
Answered
09/09/2021 14:31