Clarifications
There are 275 clarifications for this DPS
247. Re: Attach 12, Clause 8 Could the Authority please clarify how this clause would be triggered?
There is no attachment 12 in the Bid Pack. Please clarify exactly the document and clauses you are referring to.
Answered
14/12/2022 10:40
246. Re: Attach 7, Schedule 8 Please could the Authority clarify the use of Clause 23, Schedule 7 and Schedule 8? Is the option to use the Joint Controller relationship used by each Customer upon which varying terms in the Call Off to confirm which clauses the relationship is subject to?
Schedule 8 would only be used where a Contract would be beholden to a Joint Controller relationship as identified within Schedule 7 by a Customer. Customers would determine the nature of the data processing relationship based on the specifics of their Call-Off.
Answered
14/12/2022 11:03
245. Re: Attachment 7, Schedule 4, 3.2.4 Could the Authority please clarify whether there is a standard ICT Policy expected for compliance or is the Supplier required to ensure its infrastructure has the ability to meet multiple different Policies?
As per Schedule 1 Definitions; ICT Policy would be "means the Customer's policy in respect of information and communications technology, referred to in the Contract Order Form, which is in force as at the Contract Commencement Date (a copy of which has been supplied to the Supplier), as updated from time to time."
Answered
14/12/2022 11:04
244. Re: Attachment 7, Schedule 3 Annex 2 Could the Authority please confirm which terms take precedent as the detail of this Annex 2 is in contrast with Paragraphs 3,5 and 6 in Schedule 3?
Annex 2 relates to Clause 4 of Schedule 3 (Attachment 7). The majority of the funding will be drawn down from the ESFA on a monthly basis. Where invoices are raised for any additional services which are being paid for commercially by the customers Clauses 3 and 5 apply.
Clause 6 of Contract Schedule 3 is applicable as this relates to the adjustment of contract charges which is not covered in Annex 2. Please read in conjunction with the Dynamic Marketplace Agreement Schedule 3 Part A.
Answered
14/12/2022 11:04
243. Re: Attach 7, Schedule 3, 5.0 Could the Authority please confirm that this clause is "not used" for the majority of Apprenticeship Services where funding is drawn down through an automatic levy account and not invoiced directly?
Please read in conjunction with Annex 2 of Attachment 7.
Answered
14/12/2022 10:42
242. Re: Attachment 7, Annex 3, SLA Could the Authority please clarify if this is Degree Certificate or Apprenticeship Certificate, as the Apprenticeship Certificate is not supplied by the Supplier, but the ESFA directly?
This relates to certificates which the supplier is responsible for supplying or arranging the supply of.
Answered
14/12/2022 10:43
241. Re: Attachment 7, 23.23 Can the Authority please clarify how a Supplier would be able to meet their statutory responsibilities under the FOIA of which they would also be subject to?
CCS believes 23.23 provides the needed clarity. We would recommend taking your own legal advice if required.
Answered
14/12/2022 11:04
240. Re: Attachment 7, 23.16 Can the Authority please clarify the reasons to which a Customer may need to share a Supplier's Confidential Information under this clause?
CCS believes 23.16 provides the needed clarity. We would recommend taking your own legal advice if required.
Answered
14/12/2022 11:04
239. Re: Attachment 7, 23.6 Can the Authority please clarify if back-ups is hard copy or electronic?
This would be determined by Customers as part of their Call-Off requirements. As such CCS is unable to comment.
Answered
14/12/2022 11:05
238. Re: Attachment 7, Clause 22.8 Can the Authority please clarify the reasons to why a Customer would want/need to sub-license Background IP of a Supplier for circumstances not related to the delivery of an Apprenticeship?
The clause in question is a standard government clause in relation to IPR. The clause shall remain as drafted. The nature of use is dependent upon the Customers Call-Off and as such CCS is unable to comment.
Answered
14/12/2022 11:05
237. Re: Attachment 7, Clause 22.5 Can the Authority please clarify the reasons to why a Customer or Government Body would want to use Background IP of a Supplier for circumstances not related to the delivery of an Apprenticeship?
The clause in question is a standard government clause in relation to IPR. The nature of use is dependent upon the Customers Call-Off and as such CCS is unable to comment.
Answered
14/12/2022 11:05
236. Re: Attachment 7, Clause 18.9 Can the Authority please clarify what "benefit" they would expect a Customer to be able to receive from a Key Sub-Contract?
The clause in question is a standard government clause in relation to IPR. The clause shall remain as drafted. The nature of use is dependent upon the Customers Call-Off and as such CCS is unable to comment.
Answered
14/12/2022 11:06
235. Re: Attachment 7, Clause 18. Can the Authority please clarify if these clauses relate to Subcontractors that the University look to use after/in addition to those that we declared as part of our original submission of Apprenticeship provision?
CCS believe clause 18 is clear in it's requirements; if there are specific concerns please highlight the specific elements.
Answered
14/12/2022 11:06
234. Re: Attachment 7, Clause 16.2. Can the Authority please consider a collaborative approach to this scenario; as a Supplier would expect discussion and involvement around concerns over Personnel rather than a direct request for removal?
CCS is unable to accept the ammendment. The Clause shall remain as drafted
Answered
14/12/2022 11:06
233. Re: Attachment 7,Clause 16. Can the Authority please clarify what they would foresee and/or expect a Customer to make requests on a Supplier Personnel?
CCS believe clause 16 is clear in it's requirements; if there are specific concerns please highlight the specific elements.
Answered
14/12/2022 11:06
232. Re: Attach 7, Clause 16. Can the Authority please clarify whether the Security Policy and Standards are applicable as a default? If not, when would you expect them to become applicable?
This would be determined by Customers as part of their Call-Off requirements. As such CCS is unable to comment.
Answered
14/12/2022 11:07
231. Re: Attachment 7, Clause 7.3. Can the Authority please clarify what Clause part (d) references to?
This should read 7.3a to 7.3c
Answered
14/12/2022 11:07
230. Attachment 2. Can the Authority please clarify the use of this Attachment as the bulk of Apprenticeship Funds are paid via the ESFA Digital Account and not invoiced - Is this to present funds that are invoiced outside of the Digital Account?
Attachment 2 is to be used to report contracts awarded and in the invoices tab to report funds drawn down from the ESFA in the reporting month as well as any invoices raised for the provision of additional requirements for which a customer is paying commercially.
Answered
14/12/2022 10:45
229. Hello, in regard to question number 5, we are a Further Education Technical College and as an exempt charity do not have a company number. The field requires a numerical response, can you please advise how to proceed?
As you do not have a company number, please input a dummy number (e.g. 00000007). Once you've submitted all your responses, our onboarding team will ask about the company number and you can explain your circumstances.
Answered
03/10/2022 15:15
227. How can my organisation join this particular apprenticeship training dynamic marketplace, please? We are crown commercial and supplier registration service registered - I have also ticked the link box to say that we wish to join this markeplace DPS, but all links onscreens and in the bid pack are just sending me round in circles, not actually taking me to a registration point to complete the necessary documents for this opportunity (RM6102). Crown Commercial is not showing me this RM6102 opportunity, either as a PQQ or ITT (or as open to all suppliers or open just to my organisation). Help appreciated please.
Go to the DPS Marketplace page: https://supplierregistration.cabinetoffice.gov.uk/dps#apprenticeshiptraining
Click on 'Access as a supplier' and proceed to register/sign in and complete the questionnaires. For guidance, see the 'Quick supplier guide' in the bid pack. If you need technical support, you can call NQC on 0161 413 7982 or via email on Support@nqc.com .
Answered
13/05/2022 11:13
