Clarifications
There are 212 clarifications for this DPS
93. For the Standard Selection Questionnaire, can you please confirm for questions 4 and 104, if the address you require is our registered office address, or our trading address?
CCS can confirm that your registered office address is required at questions 4 and 104
Answered
16/09/2021 16:21
92. It appears that the liability caps do not apply to any of the indemnities (other than a specific data protection liability cap). We would not usually accept uncapped liability as that would put the Agency at risk for unlimited amounts. Please could a liability cap be included, in the 'Core Terms RM6124' document, in respect of the indemnities. Many thanks
Please see clause 11 for more information on liability caps
Answered
22/09/2021 12:17
91. We understand that any New IP created under a Contract will be owned by CCA/Client, however we would usually expect this to be subject to CCS/Client making payment for the services under the agreement. This does not appear to be the case here so please could some wording be included in the 'Core Terms RM6124' document to reflect this. Many thanks.
Please refer to clauses 4.4, specifically 4.4 (b)
Answered
22/09/2021 12:16
90. 2.In respect of termination provisions in the 'Core Terms RM6124' document, please could you provide clarification as to: (i) whether the Agency would have to repay any and all charges CCS/Client have paid in advance for the goods/services (not provided by the Agency) if CCS/client terminates 'for convenience'; and (ii) whether CCS can suspend an agreement 'for convenience' and then provide goods/services itself or buy them from a third party. Many thanks.
Please refer to clauses 10.4, 10.5 and 10.6
Answered
22/09/2021 12:13
89. There are various obligations which could spill into other areas of the Agency business. Please could you provide clarification that the rights and obligations of the Agency as a party to the agreement (and its liability to CCS/Client) does not extend beyond the name that the Agency is trading as (as identified in the DPS Appointment Form) unless explicitly and separately identified.
CCS can confirm that the obligations are only relevant for services provided to clients through this agreement and in line with the terms and conditions of this DPS
Answered
22/09/2021 11:08
88. Would we fail if we were to answer no to this question: Do you have a process in place to ensure that your supply chain supports skills, development and apprenticeships in line with PPN 14/15 and can provide evidence if requested?
Apologies for the delay in responding to your question.
CCS can confirm that responding 'No' to this question will not result in your application being rejected
Answered
07/10/2021 13:12
87. We are a B2B agency looking to break into the public sector. We believe that we can apply to join the DPS at any time and would like to evaluate the opportunities before applying. Where can they be viewed?
Organisations that can supply the services of the Communications Marketplace DPS can register as such on the supplier registration system.
The DPS was created to provide central government and wider public sector organisations a route to procure against a wide range of marketping and communication services. You will find a full list on page 202 of attachment 6 in the Communications Marketplace bidpack found here;
https://supplierregistration.cabinetoffice.gov.uk/dps#research
As the DPS is a route to procure, CCS do not manage all tenders on the platform, and are at the discretion of buying organisations who choose to use the DPS.
To learn more please read RM6124 Communications Marketplace Buyer Needs_v1.0.pdf in the bidpack.
Answered
14/09/2021 09:19
86. Question 54 asks us to provide details of an example contract with a client that is relevant to this tender application. Where we work with a client across multiple projects, are we able to provide a description of our full remit and the capabilities we provide for them, or do we have to focus on a single project we have delivered for them?
CCS can confirm that you should provide evidence for a single contract that you have delivered that is relevant to the scope and scale of this DPS
Answered
16/09/2021 16:30
85. The contract examples we wish to use are ongoing. What would you recommend we put for 'Contract Completion Date'?
CCS can confirm that the works described in the contract example must have concluded and have an end date in order to be considered
Answered
16/09/2021 16:31
84. We have a few clarifications in relation to the core terms of this Marketplace:
- In Section 8 part 8.3 (a) please can you explain what is meant by 'wilful misconduct of the Agency, Subcontractor and Supplier Staff that impacts the Contract; ' and give as an example of what this could be?
- In section 10 part 10.6.1 (a) "(a)The Client's payment obligations under the terminated Contract stop immediately" can we clarify that the agency will be paid for work already done in accordance with the contract in the event of any termination by either party.
- In section 10 part 10.6.2 "10.6.1In addition to the consequences of termination listed in Clause 10.6.1, where the Relevant Authority terminates a Contract under Clause 10.4.1 the Agency is also responsible for the Relevant Authority's reasonable costs of procuring Replacement Goods or Services for the rest of the Contract Period." Can we clarify if this means the cost of the procurement exercise?
We have answered your 3 clarification questions below:
1. There are numerous definitions of wilful misconduct but we effectively are referring to the deliberate act or omission of what is expected of an agency in fulfilling their contractual obligations. Please also seek your own legal advice on this.
2. It depends on the reason for the termination as to whether or not the agency will be paid for work already undertaken - please seek your own legal advice.
3. It could include the Relevant Authorities procurement costs to procure the services needed due to termination - it depends on the circumstances of the termination - we suggest you seek your own legal advice.
Answered
14/09/2021 09:13
83. If we submit our response on 17th September, how soon would we know if we were included on the DPS?
If your application meets all requirements then you will automatically enter the agreeing stage where you will be notified to login and accept the terms and conditions of the DPS agreement. If there are any issues with your application then it will enter the Assessing stage where CCS will contact you to resolve.
Answered
15/09/2021 10:11
82. For both questions 4 and 104, please can you clarify if you require the registered office address or the trading address?
CCS can confirm that your regitered office address is required at questions 4 and 104
Answered
16/09/2021 16:32
81. In a previous answer, it was stated that: 'CCS is in the process of updating the DPS Questionnaire to reflect the fact that we will accept ISO27001.' - we could not see any reference to this in the DPS questionnaire that we completed. Please confirm what will happen, or if we should await contact to then provide that evidence?
If you do not have Cyber Essentials basic or plus and instead intend to use ISO27001 as an alternative, please answer No to the Cyber questions and at the assessment stage you will be contacted to provide proof of ISO27001 instead.
Answered
14/09/2021 09:17
80. Is it possible to have two different business profiles setup on the Marketplace if we share the same DUNS number? The reason is that we are part of a Group that is ultimately one business entity under one DUNS number, but we have different offers within our Group and would like to setup two different profiles in order to reflect the respective specialisms we offer.
A single entity, ie, a single DUNs number, cannot be assigned to multiple accounts on the Marketplace
Answered
16/09/2021 16:33
79. If the contract is ongoing (without a completion date) what date do we enter in response to Q 54 please?
CCS can confirm that the works described in the contract example must have concluded and have an end date in order to be considered
Answered
16/09/2021 16:35
78. In Cyber Security Q6 it asks for suppliers to confirm they have Cyber Essentials at Q155 Yes/No. It states that a Yes is mandatory, however as we have Cyber Essentials Plus the correct response would be 'No'. Should there be an alternative option like at Q7 i.e. Not Applicable - I have Cyber Essentials Plus?
Thank you for raising this.
Please select Yes to question 155 and then Yes to 156 as you have Cyber Essentials Plus.
Answered
16/09/2021 16:36
77. Hi, we work on a retained basis to provide PR. This means our contracts are ongoing with a defined notice period but no end date. Is the communications market place appropriate for this?
Yes. There are different types of contracts that can be procured through the Marketplace: a fixed term agreement, standby agreement or a retainer agreement.
Answered
14/09/2021 09:15
76. Hi there, we have submitted our SQ & DPSQ, and the status on the DPSQ is now 'Appointed'. Is that the end of the process? Are we now able to apply/available to invite to competitions in the marketplace?
What is the next stage in the process? Will we be notified of new competitions we are now eligible for via Bravo or do we have to proactively look for them?
Many thanks.
We confirm your organisation is now appointed on the DPS and two users on your bravo account have been added to the template that buyers can choose to use.
You have completed all requirements to register on the DPS and you must continue to monitor your profile to ensure the address, contact details and services you provide are up to date.
Where the services you selected in your profile match those exported by the buying organisation, the users accounts you have on the Bravo template will be notified.
For clarity as to how you will be notified from Bravo please view the help documents on the login page here https://crowncommercialservice.bravosolution.co.uk/web/login.html or contact eEnablement@crowncommercial.gov.uk
Buyers may choose to publish advance notice that they will be using the DPS for a tender on the Contracts Finder platform https://www.contractsfinder.service.gov.uk/Search
Answered
10/09/2021 16:41
75. I have just completed the SQ but have not been prompted to complete the DPSQ as per the webinar instructions. Where can I find it?
Your application is currently in Registered 2 stage. For help completing it please see the Help link in the top right corner of the supplier registration website. Here you will find guidance and a Contact us option to speak directly with the service providers or email support@NQC.com for further assistance.
Answered
10/09/2021 16:39
74. In regards to SSQ question 21 regarding the use of sub-contractors, we will use sub-contractors to support some aspects of event delivery including audio visual suppliers. However, the sub-contractors we will use will be subject to the specific requirements of each brief. Therefore at this stage, it is difficult to name our sub-contractors. We are aware of the definition for Key Subcontractors as noted in the clarification responses however Q21 only refers to sub-contractors. Please could you advise on whether we should declare Yes to Q21 but not define the number and details of sub contractors at this stage?
CCS can confirm that where a supplier intends to use key subcontractors, suppliers should answer Yes to question 21 and provide details of any key subcontractors (that meet the definition within Joint Schedules 5 and 6) that it is known will or would likely be used to deliver the services.
Suppliers can update the list of Key subcontractors accordingly through the life of the DPS. Please se paragraphs 1.3 onwards of Joint Schedule 6 (Key Subcontractors) for details of the process.
Answered
09/09/2021 14:21
