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Clarifications

There are 58 clarifications for this DPS

With regards to Joint Schedule 4 (Commercially Sensitive Information) which applies to both a call off/and the framework contract. Could you confirm if suppliers are required to complete the order form template at this stage?
The order form template forms the contract between the customer (buying organisation) and you as the supplier and therefore does not need to be completed until you have tendered for and are awarded work under a call-off.
Answered
Apr-02-2020 08:22
How long does it take to get registered as a supplier after completing the SQ?
CCS can confirm, that if an organisation successfully meets all of the selection criteria for the RM3764.iii DPS, then 'Appointed' DPS status can be confirmed the same day that an organisation submits their DPS application. However, in the event that an organisation negatively answers one or more of the selection questions and enters 'assessing' stage or 'disabled' stage, as per the information provided in the READ First DPS Needs document which forms part of the RM3764.iii bid pack, CCS have 15 working days to process your DPS application in accordance with the PCR2015. Kind regards CCS
Answered
Mar-13-2020 13:44
Would you please let us know the required limit for professional indemnity insurance?
As per DPS Joint Schedule 3 - Insurance Requirements, suppliers must have professional indemnity insurance with cover of not less than £1,000,000.
Answered
Mar-06-2020 08:03
Can the example contracts in Q133 be for the Private sector?
The example contracts can be for Public or Private sector, providing they demonstrate that your organisation meets the requirements asked in the question.
Answered
Mar-06-2020 08:03
Hello Can you please confirm if there is a rebate for Cyber Services 3 DPS? Many thanks
If by rebate you are referring to the levy then as per the DPS Appointment Form (13- Management Levy), the Supplier will pay, excluding VAT, 1% of all the charges for the deliverables invoiced to the Buyer under all Order Contracts.
Answered
Mar-06-2020 08:02
Noting the recent amendment to include a liability cap for the indemnity provided at Core Terms 14.8, the Core Terms still provide an unlimited liability for IP and all "Applicable Laws" through clause 9.5 and 12.2. Does CCS have an appetite to provide a reasonable cap for these categories?
CCS has no plans to change the terms for IPR liability, which will remain as drafted.
Answered
Feb-19-2020 15:42
For the purpose of the SQ and DPS submission do we need to complete the Financial Assessment Document? We are aware the Subcontractors and Economic attachments should be completed based on the answer in response to this. Could you also confirm where we would upload the document if this is required?
CCS can confirm that attachement 3 Financial Assessment in the Bid Pack is for information only and will be used by CCS Commercial Finance Team in the event that a supplier fails to meet the financial threashold score of 40 as detailed in section 14.3 of the READ FIRST DPS Needs document. Further information in relation to financial criteria for this DPS can be loacted in section 4.11 to 4.20 (Economic and Financil Standing) of the READ FIRST DPS Needs document.
Answered
Feb-19-2020 13:15
Hi Team: Thanks for the response to the clarification question on "unlimited liability for breaches of, inter alia, data, laws and IP". However, we are not able to locate in the DPS Bid Pack for the amended DPS Appointment Form V2.0, to see the updated Special Term (7), that removes the unlimited liability on Suppliers for GDPR breach and replaces it with a £10m cap. Please let us know once the new version of the DPS Appointment Form is uploaded in bid pack.
Please refer to the Bid Pack link in SRS where DPS Appointment Form version 2 containing Special Term 7 can be located.
Answered
Feb-19-2020 13:13
Currently there when clicking on "view suppliers" none are listed. When will this go live please?
CCS can confirm that the if you click on the 'view Suppliers' link they should all now be visible
Answered
Feb-18-2020 12:55
Your emailed response to a Cyber Services 3 DPS clarification question today did not indicate which framework this was for, which is confusing for anone registered on more than one. Please can you include the relevant reference in future?
Thank you for your feedback
Answered
Feb-18-2020 12:54
Please could you confirm what the value or percentage of the management fee will be?
As per the DPS Appointment Form (13- Management Levy), the Supplier will pay, excluding VAT, 1% of all the Charges for the Deliverables invoiced to the Buyer under all Order Contracts.
Answered
Feb-18-2020 10:10
We note that the definition of "Management Levy" states "the sum specified on the Platform payable by the Supplier to CCS in accordance with DPS Schedule 5 (Management Levy and Information)" however this schedule nor definition specifies the percentage value for the Levy, please can you confirm the expected value of the Levy?
As per the DPS Appointment Form (13- Management Levy), the Supplier will pay, excluding VAT, 1% of all the Charges for the Deliverables invoiced to the Buyer under all Order Contracts.
Answered
Feb-18-2020 10:10
Within Attachment 1 - Cyber Services 3 Filter Matrix v1 you have MPPV (1, 2, 3) standard listed in Filter 3 tab. Please can you confirm that this relates to the NPPV scheme run by Warwickshire police?
We can confirm that it is NPPV (Non-Police Personnel Vetting). CCS is currently correcting the sub filter and will notify all suppliers once the DPS and he bid pack documents have been amended.
Answered
Feb-18-2020 10:09
In relation to Core Term 14.3 - can you confirm that this is only related to engagements where we (the Supplier) would be the only holder of the data such as a managed service.
Please refer to the definition of Government Data in Joint Schedule 1. The Supplier is required to securely hold any Government Data it receives from the Buyer through the course of the Order Contract as specified in this Clause.
Answered
Feb-13-2020 11:21
In relation to Clause 10.5.2 - where it states that payment obligations stop immediately on termination save for any accumulated rights. Can you confirm that the Buyer is still liable for payment of work performed up until termination?
The Buyer is obliged to pay invoices for all undisputed Goods and Services delivered up to the point of termination in accordance with Clause 4.4.
Answered
Feb-13-2020 11:20
With regards to Joint schedule 3 (Insurance), Clause 7.2 - Except where the Relevant Authority is the claimant party, the Supplier shall give the Relevant Authority notice within twenty (20) Working Days after any insurance claim in excess of 10% of the sum required to be insured pursuant to Paragraph 5.1 relating to or arising out of the provision of the Deliverables or this Contract on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the Relevant Authority) full details of the incident giving rise to the claim. Can you please clarify that this notification is only applicable to third party claims which would have the effect of reducing the level of minimum cover available for any claims under a Contract?
Yes, that is correct. CCS can confirm this notification is only applicable to third party claims which would have the effect of reducing the level of minimum cover available for any claims under a Contract
Answered
Feb-13-2020 11:17
Good afternoon, Clause 14.8 of the DPS Core Terms v1.0 indemnifies CCS and each Buyer against any and all Losses incurred if the Supplier breaches Clause 14 and any Data Protection Legislation. Clause 11.5 states that this would be on an uncapped basis. Can you please confirm this is correct or can the indemnity be made subject to a liability capping formula?
CCS can confirm that following further review of the clarification questions received in relation to the liability clauses within the Core Terms of the Terms and Conditions, a Special Term (7) has now been included in the DPS Appointment Form. The DPS Appointment Form is electronically signed by the Supplier in the DPS Agreeing stage, to enable a Supplier to become 'Appointed' to the DPS (as detailed in Section 6 of the READ First DPS Needs document within the bid pack). This special term (7) removes the unlimited liability on Suppliers for GDPR breach and replaces it with a £10m cap. CCS consider this a reduction in exposure which should reduce Suppliers' perceived risk. Please refer to Attachment 7 - Part 2, in the DPS Bid Pack to locate the amended DPS Appointment Form V2.0 for information.
Answered
Feb-13-2020 11:15
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.
CCS can confirm that following further review of the clarification questions received in relation to the liability clauses within the Core Terms of the Terms and Conditions, a Special Term (7) has now been included in the DPS Appointment Form. The DPS Appointment Form is electronically signed by the Supplier in the DPS Agreeing stage, to enable a Supplier to become 'Appointed' to the DPS (as detailed in Section 6 of the READ First DPS Needs document within the bid pack). This special term (7) removes the unlimited liability on Suppliers for GDPR breach and replaces it with a £10m cap. CCS consider this a reduction in exposure which should reduce Suppliers' perceived risk. Please refer to Attachment 7 - Part 2, in the DPS Bid Pack to locate the amended DPS Appointment Form V2.0 for information.
Answered
Feb-13-2020 11:12
RM3764iii Cyber Services 3 - Dynamic Purchasing Systems Agreement. Selection Questionnaire: Question 1. Question 0.1 Asks, do you want to submit a completed EU ESPD in response to questions 21 through to 103.60 (Sub-Contractor questions) and questions 105 through to 126 (Exclusion Grounds) of this Selection questionnaire? We are not listing or using any Sub-Contractors, therefore not providing a response to questions 21 through to 103.60, but are we still required to provide a response to questions 105 through to 126 (Exclusion Grounds). Question 2. Part 3: For the Relevant Experience Questions 133, 134, and 135 we have responded no, as in Section 4.35 of the Dynamic Purchasing System Agreement, page 15, it states that Part 1, Example 1, 2 and 3, questions Q133, Q134 and Q135, are not applicable to this RM376iii - Cyber Services 3 procurement. Can you please confirm that this is correct
Q1 - Yes you are required to provide a response to all mandatory questions including questions 105 to 126. Q2 part 3 - That is correct, questions 133 - 135 are not applicable as detailed in the READ FIRST DPS Needs document
Answered
Feb-12-2020 13:01
Hi Team: Core Terms provide for unlimited liability for breaches of, inter alia, data, laws and IP (Core Terms 11.5)). This isn't industry standard for the type of services requested by the ITT and may prevent Tier 1 suppliers from bidding on this framework or subsequent call-off engagements. This further contradicts guidance in the Outsourcing Playbook published by the Government Commercial Function advising government entities not to ask suppliers to accept unlimited liability or to assume unreasonable/ un-quantifiable risk. Please advise whether CCS would consider introducing a reasonable liability cap for these categories or include within the general damages cap on both framework and call-off levels.
CCS can confirm that following further review of the clarification questions received in relation to the liability clauses within the Core Terms of the Terms and Conditions, a Special Term (7) has now been included in the DPS Appointment Form. The DPS Appointment Form is electronically signed by the Supplier in the DPS Agreeing stage, to enable a Supplier to become 'Appointed' to the DPS (as detailed in Section 6 of the READ First DPS Needs document within the bid pack). This special term (7) removes the unlimited liability on Suppliers for GDPR breach and replaces it with a £10m cap. CCS consider this a reduction in exposure which should reduce Suppliers' perceived risk. Please refer to Attachment 7 - Part 2, in the DPS Bid Pack to locate the amended DPS Appointment Form V2.0 for information.
Answered
Feb-12-2020 12:58
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