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There are 120 clarifications for this DPS

1. For clarification to DPS agreement - Clause 20 - Management Levy - How is the management Levy calculated and payment frequency? Is it a percentage of the awarded contract value (charges made by supplier to the contract authority) divided by the number of remaining months or is it the percentage of the awarded contract value paid per month for the duration of the DPS. Please clarify and confirm.
Management Levy is 1%. The levy is calculated from the invoices issued from the supplier, therefore the frequency is dependant on the supplier as is the value.
Answered
31/08/2021 14:53
2. Q.20 page 14/162 - Do the sub consultants mentioned in a lead bidders response have to fill in the Selection Questionnaire on the portal?
No they do not have to fill in the selection questionnaire on the portal.
Answered
30/06/2021 17:19
3. DPS Agreement. Schedule 14 Insurance Requirements, Annex 1, Part B Professional Indemnity Insurance, Clause 8.1 stipulates a Maximum deductible threshold - "to be agreed with Supplier". The level of our excess on PI Insurance is confidential, and therefore cannot be disclosed. Can CCS please confirm this is acceptable.
CCS can confirm that appointed suppliers to the RM3824 HELGA DPS, may be required to confirm their maximum deductible threshold if requested by CCS at any point during the lifetime of the DPS Agreement.
Answered
30/06/2021 15:00
4. Please confirm if you wish for us to select all additional CPV Codes listed on OJEU for Lots 1 & 5 or simply select the main CPV Code 09300000 as stated in 1.2 of the OJEU Notice? Because if we select sub-codes it won't let us unselect/deselect the ones we wish to use - this means we are unable to provide the exact list of CPV Codes (listed section II.2.2).
T&T need to select the CPV codes that are applicable to the trading business of T&T. DPS T&T have selected lots 1 and 5, they cannot select 5 and not have selected 2, 3 & 4.
Answered
30/06/2021 14:16
5. Please can you urgently advise on our clarification sent last week regarding the selection options of the CPV codes in relation to the HELGA supplier questionnaire (Lot 5), thank you.
If you select the main CPV 09300000 that will be fine. You are able to select your offerings within the filters which is what the customers will use and match with their offering.
Answered
08/12/2020 12:34
6. In regards to the Product Liability Insurance, this is not applicable to all types of businesses. Can this be looked at and removed where it is not applicable to a business?
Due to the electronic nature of a DPS, Supplier's individual DPS Agreements are not tailored to each Supplier. Therefore the DPS Agreement you are presented with following appointment to RM3824 DPS, will include references not relevant to your organisation. However as you have noted this is not applicable to your organisation. CCS will therefore retain your response for audit purposes.
Answered
15/09/2020 15:26
7. Please can you provide examples of what evidence you expect to see for this question? 180. Upload documentary evidence for a certificate for each principal contract for goods and/or services provided in the last three years.
CCS can confirm that you are not required to provide a response to the evidence request at Q.180.
Answered
07/09/2020 14:11
8. There is a clarification that details evidences 177-180 are not mandatory and do not need to be included within our submission, can you please confirm this is accurate? And if so how we then submit our application (given that a mandatory attachment must be provided on the portal questionairre). Thank you.
Dear Bidder, please refer to the DPS Needs document which forms part of the bid pack for RM3824 HELGA DPS. There are questions in the Selection Questionnaire that are not applicable for this RM3824 - Heat Networks and Electricity Generation Assets (HELGA) procurement. This document contains full instructions to assist organisations with their Selection Questionnaire submission. Questions 179 and 180 are not applicable as these questions are linked to Part 3: (Past Performance) Q150 - Q154. No response was required for question 150 to 154. Therefore, these questions can be disregarded.
Answered
07/09/2020 14:10
9. We have now been appointed to this DPS. Thank you. We would like to evangelise its benefits to potential customers and with this in mind, are you able to provide me with: a) A brochure that explains the benefits of this DPS? b) a buyers guide explaining the process that potential buyers must follow? Many thanks.
Dear Bidder, the information you require will be found in the Bid Pack for this DPS. If you require further information, please contact NQC
Answered
01/07/2020 10:24
10. Good Morning, Can I check with of the following services can be sold via this DPS: • Energy consultancy, • Energy Brokerage, • utilities procurement, • carbon solutions including carbon compliance services. • bureau services/ bill checking • and energy solutions including , Meter Operator (MOP) and Automatic Meter Readers (AMR) contracts to assist with data collection
CCS confirm that most of these services can be offered via HELGA, however some are more direct than others. Suppliers should refer to the filter options. • Energy Consultancy - YES via Service 1. • Energy Brokerage - NO • Utilities Procurement - Direct procurement NO, but renewable generation is covered in Service 2 and Energy Purchase Agreements are covered in Service 3 • Carbon Solutions including carbon compliance services - YES via Service 1 • Bureau Services/ Bill Checking - YES, via Service 1 • Energy Solutions including , Meter Operator (MOP) and Automatic Meter Readers (AMR) contracts to assist with data collection YES, via Service 1
Answered
09/06/2020 11:55
11. "Could you please clarify if my interpretation on the Management Levy is correct. Clause 20, page 18: This means that the supplier only pays a levy of 1% / month currently where they have had business that month and not a rolling 12 month levy payment. "Management Levy" means the sum payable by the Supplier to the Authority being an amount equal to (1%) of all Charges for the Goods and/or Services invoiced to the Contracting Authorities by the Supplier (net of VAT) in each Month throughout the Dynamic Purchasing System Period and thereafter until the expiry or earlier termination of all Contracts entered pursuant to this Dynamic Purchasing System Agreement;"
CCS can confirm that the 'Management Levy' is a defined term and detailed in DPS Schedule 1 - Definitions, which confirms it is '1% of all Charges for the Goods and/or Services invoiced to the Contracting Authorities by the Supplier (net of VAT) in each month throughout the DPS period.'
Answered
28/04/2020 15:26
12. When it comes to providing evidence can we use this from proposed subcontractors if they will be the ones completing the works?
Can you please provide further information on the evidence you are referring to specifically?
Answered
25/11/2019 08:26
13. We are looking to access the Helga DPS. On registering through the SRS and completing our SQ, can you please advise how we associate the SQ to the DPS? We have attempted to watch the supporting video but there is no sound.
Please go to below link which has the corrected volume option https://www.youtube.com/watch?v=1gMaIEIqEyY&authuser=0
Answered
14/11/2019 11:26
14. With regard to Annex 2 - The Goods, Please delete and mark as "Not Used".
This is a standard clause and will remain unchanged. Please note Contract Terms will be developed with the Customer at Competition stage meaning any non applicable references will be removed as part of this process.
Answered
05/08/2019 11:59
15. With regard to Contract Schedule 1 Definitions - Goods, Proposed Amendment - Please delete this definition. Note that Goods are not relevant to our contract and should be deleted throughout as per our comments on the DPS.
This is a standard clause and will remain unchanged. Please note Contract Terms will be developed with the Customer at Competition stage meaning any non applicable references will be removed as part of this process.
Answered
05/08/2019 11:58
16. In regards to Part 2 Contract Terms clause 41.1 Customer Termination Rights, Proposed Amendment - Please delete this clause and mark as "Not Used" This is a consequential amendment due to deletion of guarantee provision.
This is a standard clause and will remain unchanged. Please note Contract Terms will be developed with the Customer at Competition stage meaning any non applicable references will be removed as part of this process.
Answered
05/08/2019 11:57
17. With regard to Part 2 Contract Terms clause 37.5 Insurance, Proposed Amendment - Delete the words "copies of all insurance policies referred to in clause 37 or" in the first and second lines after the words "on request". Delete the words "together with receipts or other evidence of payment of the latest premiums due under those policies" at the end of the clause. As a supplier we are only able to provide broker's certificates as evidence of our insurances as our insurance policies are commercially confidential as between us and our insurers. Additionally, evidence of premium payment should not be separately required, as the brokers would not issue the certificates if premiums had not been paid. Therefore, receipt of a broker's certificate is, in itself, evidence of payment.
CCS can confirm that these are standard Clauses and will remain unchanged.
Answered
05/08/2019 11:55
18. With regard to Part 2 Contract Terms clause 36.2.1 Liability, Proposed Amendment - Please delete all text and subclauses below the word "liability:" at the end of the second line and add the words "[one] million pounds (£[1],000,000) in the aggregate" As a supplier we need some clarity as to the values of the Contracts in order to assess our liability under each Contract. We would anticipate this should be agreed on a case by case basis. Additionally, we do not believe it is value for money for the client to impose an annual cap on liability and therefore our proposal is for an aggregate cap. As noted above, we also do not consider that Service Credits or Compensation for Critical Service Level Failure should apply to these types of services.
This is a standard clause and will remain unchanged. Please note Contract Terms will be developed with the Customer at Competition stage meaning any non applicable references will be removed as part of this process.
Answered
05/08/2019 11:53
19. In regards to Part 2 Contract Terms clause 29.1 Appointment of Sub-Contractors, Proposed Amendment - Please delete the word "due" in the first line of 29.1.1 and replace with "reasonable" This is the industry standard duty of care.
CCS can confirm that these are standard Clauses and will remain unchanged.
Answered
05/08/2019 11:51
20. In regards to Part 2 Contract Terms clause 23.3.1 Retention and Set Off, Proposed Amendment - Please delete the words "or under any other agreement between the Supplier and the Customer". We as a supplier cannot accept cross contract set-off, as this is too onerous to manage and performance under one contract should not penalise another.
CCS can confirm that these are standard Clauses and will remain unchanged.
Answered
05/08/2019 11:51

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