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Clarifications

There are 33 clarifications for this DPS

I am already a DOS5 supplier . I wish to be a supplier for AI technology and platform . Can I check how do I get registered as a supplier ?
The Artificial Intelligence DPS can be applied for by clicking the "Access as a Supplier" option within the DPS landing page. https://supplierregistration.cabinetoffice.gov.uk/dps#technology
Answered
08/04/2021 12:33
Hi, Please can we have an expected date of decision for the Award. Thanks
This was answered via Salesforce on case reference 00888115 on 23/03/2021 asking for clarity on the question asked.
Answered
25/03/2021 13:25
What equivalent certifications are there to Cyber Essentials / Plus? Is ISO:27001 certification an suitable alternative?
Cyber Essentials has five requirements: - Configure and deploy a firewall - Make use of secure configurations for devices and software - Make use of access control to prevent unauthorized access to data and services - Protect yourself against malware such as viruses - Keep devices and software updated A certification is equivalent if it demonstrates explicitly that you have met the five requirements to the same or higher standard as would be required by the Cyber Essentials scheme. ISO:27001 consists of 14 controls, but these are not as specific as the Cyber Essentials requirements. For example, one of the controls is """"""""Make use of secure configurations for network infrastructure"""""""". This does not necessarily require you to configure and deploy a firewall, although most of the time you would expect that's part of what an organisation would do for that control, it's not explicitly required. So the question is whether your ISO:27001 certification from a trusted third-party explicitly demonstrates that you meet all five of the requirements under the Cyber Essentials scheme. It's not enough that you probably meet the requirements, or that typically your IT support team would meet the control by doing a specific thing, the certification would need to show that you do in fact meet the requirements.
Answered
15/03/2021 13:33
Please confirm if the Supplier's liability under Joint Schedule 11 (Processing Data) is captured by either clause 11.4 or 11.6 of the Core Terms.
Supplier is advised to seek their own legal advice if necessary.
Answered
24/02/2021 14:33
Please confirm if the capitalised terms "Data Loss Event" "Data Protection Law", "Data Subject Request" and "Data Sharing Agreement/Joint Control Memorandum of Understanding" as used in Joint Schedule 11, (for example at paragraph 5(b), Annex 2, 1.1 and 2.1 respectively) are defined terms/correct and if not what these should be (Personal Data Breach, Data Protection Legislation, Data Subject Access Request and Joint Controller Agreement respectively?).
Data Loss Event should refer to the definition "Personal Data Breach" within Joint Schedule 1 Data Protection Law should refer to the definition "Data Protection Legislation" within Joint Schedule 1 Data Subject Request should refer to the definition "Data Subject Access Request" within Joint Schedule 1
Answered
24/02/2021 14:30
We note that there are no licence rights for third party IPR in clause 9 of the DPS Core Terms. Please confirm that any IPR belonging to third parties will be subject to licence agreements contained in a relevant Order and will not be considered New IPR (in the same way that Supplier's Existing IPR is excluded from the definition of New IPR in the DPS Joint Schedule 1).
Supplier is advised to refer to Call-off Schedule 6 (ICT Services) as well and seek their own legal advice if necessary.
Answered
24/02/2021 14:24
Can you clarify the working hours requirement in the CSR Annex and confirm whether they apply to DPS projects only, or all projects by the supplier/firm?
Supplier is advised to seek their own legal advice if necessary.
Answered
24/02/2021 14:17
As per the UK Working Time Directive, the 60 hours working time cap only applies on a rolling 3 month basis. Can you confirm this also applies to conditions as set out by the CCS?
Supplier is advised to seek their own legal advice if necessary.
Answered
24/02/2021 14:16
Please could you confirm whether when clause 9.1.2, within the ICT Services document, states "The Buyer shall own the IPR" this means that the buyer shall own any New IPR (and not existing IPR)?
Supplier is advised to seek their own legal advice if necessary.
Answered
24/02/2021 14:16
We are an EU startup not based in the UK. - Question 5 in SQ DPS - Can we provide a Cyber Essentials Certification issued from the EU country where we are based? - Question 51 in SQ DPS Please provide your Companies House registered company number. As a non-UK company, shall we provide the company registration number in the EU country?
You are required to confirm as part of your DPS submission, that you have Cyber Essentials basic certification in place, as a minimum. If you select 'No' to Question 155 of the SQ and confirm this response at Question 5 of the DPSQ by selecting 'Yes' that you do not hold a valid Cyber Essentials basic certificate this will be classed as a 'Fail' and your application will be rejected until you have a valid Cyber Essentials basic certificate. Any other certification you provide will be classed as in addition to Cyber Certification and not instead of. With regards to your company registration please provide the same details you used to register as a supplier on the Supplier Registration website.
Answered
22/12/2020 14:06
We have completed the SQ Supplier Response and submission is highlighted as complete. I am now at the Evidence Submission stage. Can you advise how I can amend the SQ Supplier Response please?
The Selection Questionnaire is split into two (2) distinct sections. The first is a standard Selection Questionnaire (SQ) and this must be completed and submitted via the Supplier Registration Service to progress to the next section of the SQ process, referred to as the DPSQ (these are DPS specific questions, and also contain the Service filters that buyers will also select when running Competition procedures). When you have completed the SQ you need to select either 'Save and Continue' at the end of the questionnaire, or, you can select 'Save and view answers' to review your responses, allowing you to make any changes prior to submitting the SQ, once done this will direct you to the DPSQ. Please note - you cannot amend your responses to any of the standard Selection Questionnaire responses once you have progressed on to the DPSQ. If you require further guidance please contact NQC using the 'contact us' tab at the foot of the Supplier Registration Service (SRS) home page or call them on 0161 413 7982.
Answered
16/12/2020 11:15
With regard to question 127 of the Selection Questionnaire- We had exemption from audit and hence only have unaudited accounts, will that impact our position?
We will undertake an assessment of your economic and financial standing using the DUNS number (as provided by Dun and Bradstreet) for your organisation which you input when registering on the SRS registration system. The report provided by the credit reference agency (Dun and Bradstreet) will be used to determine the level of financial risk you represent. If the score provided by the credit reference agency is 35 or more, then your Request to participate will continue to proceed in the DPS Selection process. If the score is less than 35 our Commercial Finance Team will request sight of you last 2 years accounts to carry out a further assessment.
Answered
16/12/2020 11:09
Question 129. Do you meet the minimum level of economic and financial standing and/or minimum financial threshold specified within the evaluation criteria for this procurement? As we do not know our score provided by the credit reference agency, how can we confirm if we meet the minimum financial threshold, which we understand is the score 35 or more? Also, is the level of economic and financial standing different from the financial threshold?
CCS can confirm that suppliers are not obliged to provide a response to this question. In the event your financial failure score, provided by Dunn and Bradstreet, falls below the indicated threshold, you will be contacted directly by CCS in order to gather the relevent financial evidencees for further assessment. Dun and Bradstreet (D&B) will be able to confirm your current financial score at https://www.dnb.co.uk/
Answered
16/12/2020 11:06
Is it mandatory for suppliers to provide, as part of our application, the evidence requested in Questions 179 and 180, relating to contracts for goods/services in the last three years, if we have already provided case studies for Questions 133, 134 and 135? We notice that answers to Questions 179 and 180 have not been required for other recent CCS DPS questionnaires (for example, the Robotic Automation Process DPS).
Please refer to the Bid Pack, there are questions in the selection Questionnaire that are not applicable for this RM6200 Artificial Intelligence procurement, therefore please note, a response is NOT required to the questions as detailed below: Part 1: (Contract Example 1) - Q133 Part 1: (Contract Example 2) - Q134 Part 1: (Contract Example 3) - Q135 Part 3: (Steel) Q147 - Q149 Part 3: (Supply Chain) Q150 - Q154 Part 3: (NHS Questions) Q157 - Q161 If you have any further issues my colleagues at NQC will be able to assist you. Please use the 'contact us' tab at the foot of the Supplier Registration Service (SRS) home page or call them on 0161 413 7982.
Answered
16/12/2020 11:05
We have asked a CQ a month ago, and haven't received the response yet. We have a team waiting to hear if we qualify to tender or not, so could you please respond. The question was: We are an NHS Foundation Trust and do not have the Cyber Essentials certificate, however, we ae compliant with the ICO's Data Security & Protection Toolkit, which includes the same requirements as Cyber Essentials. Would this be acceptable, or would we be excluded from the process as we do not have a Cyber Essentials certificate.
You are required to confirm as part of your DPS submission, that you have Cyber Essentials basic certification in place, as a minimum, at Question 155 of the SQ. If you have Cyber Essentials Plus you can select this option at Question 156 of the SQ. A 'Yes' response to either of these questions is acceptable. If you select 'No' to Question 155 of the SQ and confirm this response at Question 5 of the DPSQ by selecting 'Yes' that you do not hold a valid Cyber Essentials basic certificate this will be classed as a 'Fail' and your application will be rejected until you have a valid Cyber Essentials basic certificate. Please note that Cyber Essentials was developed because neither ISO27001 nor other considered standards were sufficiently prescriptive to defeat common internet based threats as per the PPN.
Answered
16/12/2020 11:04
Good afternoon, On both the AI DPS Questionnaires there are questions about the use of subcontractors and supply chains. For any opportunity that we may bid for on the Framework, we may use subcontractors to work with us in delivering the work, but at this stage we do not know which companies they would be, as it would depend on the requirements of the opportunity. Therefore, we are unsure whether to answer yes or no to these questions. If we answer 'yes' to question 21, we would be required for names and details of subcontractors. Please could you advise the best way for us to proceed? Thank you, Rachel Welby, Bid Manager, Fujitsu
We do not require all Subcontractors to be disclosed. You need only disclose those Subcontractors who directly contribute to your ability to meet your obligations under the DPS Appointment Form (including under any Contract Agreement following a Competition Procedure). There is no need to specify Subcontractors providing general services to the Supplier (such as window cleaners etc.) that indirectly enable the Supplier to perform the DPS Appointment Form. Please read the definition of Subcontractor in the DPS Appointment Form. If you are successfully appointed to the DPS and are awarded a RM6200 Artificial Intelligence DPS Appointment, any changes to arrangements in relation to Subcontracting and Group of Economic Operators arrangements which are made following the award will be dealt with in accordance with DPS Schedule 6 (Key Subcontractors) of the DPS Appointment Form. After being appointed to the DPS any additional Subcontractors can be disclosed at that time.
Answered
16/12/2020 11:00
Hi, it says in the bid pack that questions 157-161 you are not required to answer. However, it won't let me progress without answering them. Can you please clarify? Thank you
There are questions in the Selection Questionnaire that are not applicable for this RM6200 Artificial Intelligence procurement, therefore please note, a response is NOT required to the questions as detailed below: Part 1: (Contract Example 1) - Q133 Part 1: (Contract Example 2) - Q134 Part 1: (Contract Example 3) - Q135 Part 3: (Steel) Q147 - Q149 Part 3: (Supply Chain) Q150 - Q154 Part 3: (NHS Questions) Q157 - Q161 Please check your previous responses as you may have responded to a question which has opened up a response to these questions. If you have any persisting issue my colleagues at NQC will be happy to assist you. Please use the 'contact us' tab at the foot of the Supplier Registration Service (SRS) homepage or call them on 0161 413 7982.
Answered
16/12/2020 10:59
Could you clarify the situation regarding subcontractors please? We do not subcontract directly, but elements of connectivity would be installed by the underlying fibre provider - would these be classed as subcontractors for the purposes of answering SQ21
We do not require all Subcontractors to be disclosed. You need only disclose those Subcontractors who directly contribute to your ability to meet your obligations under the DPS Appointment Form (including under any Contract Agreement following a Competition Procedure). There is no need to specify Subcontractors providing general services to the Supplier (such as window cleaners etc.) that indirectly enable the Supplier to perform the DPS Appointment Form. Please read the definition of Subcontractor in the DPS Appointment Form. If you are successfully appointed to the DPS and are awarded a RM6200 Artificial Intelligence DPS Appointment, any changes to arrangements in relation to Subcontracting and Group of Economic Operators arrangements which are made following the award will be dealt with in accordance with DPS Schedule 6 (Key Subcontractors) of the DPS Appointment Form. After being appointed to the DPS any additional Subcontractors can be disclosed at that time.
Answered
16/12/2020 10:58
Appreciate if we can get a response to the CQ below so we can proceed with Accepting the terms and conditions please - The Performance Indicator (PI) # 9 of the document - DPS Schedule 4 (DPS Management) states that, the supplier's Responsiveness to Invitation to Tenders should be ≥ 95% per Quarter. Please can the CCS kindly clarify if this implies that Suppliers are obliged to bid for deals ≥ 95% of the times on the call offs coming out of the framework per quarter or the expectation is to just the supplier acknowledges back to the authority with a YES / NO citing the intention to respond to the individual call off tender. Please clarify.
Suppliers should participate in further competitions when identified by appropriate filters using the Platform. A repeated failure to bid on further competitions without an acceptable reason may result in the Supplier being suspended from the DPS, in accordance with Clause 10.8 (Partially ending and suspending the contract), for a period as decided by CCS. Please refer to the DPS Schedules held within the CCS Website in particular Schedule 4.
Answered
16/12/2020 10:57
Further to `our clarification question submitted on 27th October regarding the Performance Indicator in DPS Schedule 4 (DPS Management) set at ≥ 95% in respect to Suppers 'Responsiveness to Invitation to Tenders', we note the response you provided by email on 4th November and we are seeking further clarity. Clause 10.4.1 of the Core Terms provide that where there's a consistent repeated failure to meet the Performance Indicators in DPS Schedule 4 (DPS Management) that CCS or the buyer may terminate the contract. For those Suppliers who already provide services under multiple CCS Frameworks and have to consider more globally the availability of their resources in order to be able to bid, then the consequences of this obligation, should it not be met, are significant. Additionally, Suppliers may prefer not to answer to the bid because they consider they have concerns about the technical or legal feasibility or commercial viability of the services (e.g. outside their normal line of business, not aligned with their code of business ethics, not financially reasonable). Therefore please can you advise that Suppliers are able on a case by case basis to solely determine if they wish to participate in a procurement and that, should they decide not to that they will provide CCS with a justified reason for not bidding, but they would not be at risk of the framework being terminated (only Suppliers who would not have provided the Authority with a legitimate concern to avoid bidding, would incur such a termination risk).
Suppliers should participate in further competitions when identified by appropriate filters using the Platform. A repeated failure to bid on further competitions without an acceptable reason may result in the Supplier being suspended from the DPS, in accordance with Clause 10.8 (Partially ending and suspending the contract), for a period as decided by CCS. Please refer to the DPS Schedules held within the CCS Website in particular Schedule 4
Answered
16/12/2020 10:56
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