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Clarifications

There are 115 clarifications for this DPS

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
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
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
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
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
"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
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
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
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
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
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
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
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
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
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
With regard to Part 2 Contract Terms clause 14 Critical Service Level Failure, Proposed Amendment - Please delete this clause in its entirety and corresponding clauses in the rest of the contract. As a supplier we do not wish to accept this critical level of service failure, unless the Authority can provide some examples of what you consider this type of failure may be and how it may arise. However, if this aspect of service management is necessary for the Authority, we would be prepared to discuss potential examples and how this risk may be mitigated.
CCS can confirm that these are standard Clauses and will remain unchanged.
Answered
05/08/2019 11:49
With regard to Part 2 Contract Terms clause 13 Service Levels and Service Credits, Proposed Amendment - Please delete all references to Service Credits in this clause and the rest of the contract. As a supplier we cannot accept service credits, as these are another form of damages. Given the uncertainty as to what Service Levels may be and what Service Credits may apply (including their quantum), we cannot accept them. We consider these are more appropriate for a facilities management type service provision, not a professional services contract. However, if this aspect of service management is necessary for the Authority, we would be prepared to discuss the mechanism, what they are likely to cover and how service credits will be capped.
CCS can confirm that these are standard Clauses and will remain unchanged.
Answered
05/08/2019 11:47
In regards to Part 2 Contract Terms clauses 9 and 10 Goods and Installation Works, Proposed Amendment - Please delete both of these clauses and mark as "Not Used". As noted above, we as a supplier do not believe that Goods or Installation are relevant to the services we are providing and therefore these clauses should be deleted.
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 11:46
With regard to Part 2 Contract Terms clause 8.2 Time of Delivery of the Services, Proposed Amendment - Please add the words "Subject to clause 7.1.3" at the start of the clause. This should again be specifically subject to our overriding duty of care to the client.
CCS can confirm that these are standard Clauses and will remain unchanged.
Answered
05/08/2019 11:45
With regard to Part 2 Contract Terms clause 7.1.4(c) Provision of the Services, Proposed Amendment - Please add the words "Subject to clause 7.1.3" at the start of the clause. As a supplier our obligation to provide the Services to meet the requirements of the customer is quite subjective and making this subject to the duty of care obligations in 7.1.3 gives more clarity to this.
CCS can confirm that these are standard Clauses and will remain unchanged.
Answered
05/08/2019 11:44
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