Clarifications
There are 240 clarifications for this DPS
253. DYNAMIC MARKETPLACE AGREEMENT, Clause 16
Could the Authority please clarify what they would expect to be reasonable instructions to a specific employee of a Supplier?
CCS is unable to align the question to the reference Clause in relation to the Dynamic Marketplace Agreement.CCS has answerd this question in relation to Clause 16.1 of Attacment 7.
CCS is unable to comment on Customer requirements as these would be determined at the Call-Off Contract. We recommend you take your own legal advice
Answered
23/12/2022 12:18
252. Re: DYNAMIC MARKETPLACE AGREEMENT, Clause 27 & Schedule 22
Could the Authority please consider a Controller to Controller relationship so that a Supplier is able to meet it's statutory responsibilities and requirements around their awarding powers and statutory reporting?
CCS does not agree to the amendment and believes the relationship is correct for the relationship that would exist between CCS(the Authority) and the Supplier. The Clauses shall remain as drafted
Answered
16/01/2023 08:39
251. Re: DYNAMIC MARKETPLACE AGREEMENT, Clause 8
Could the Authority please clarify how this clause would be triggered?
Clause 8.1 is where the Authority has notifed the Supplier that the award of the DMP Agreement is conditional on a DMP Guarantee.
Clause 8.2 is where a Contracting Authority has notief the Supplier where the award of a Contract Agreement is conditional upon a valid Contract Guarantee
Answered
23/12/2022 12:19
249. Re: Attachment 12, Clause 16
Could the Authority please clarify what they would expect to be reasonable instructions to a specific employee of a Supplier?
there is no attachment 12 in the Bid Pack. Please clarify exactly the document and clauses you are referring to.
Answered
14/12/2022 10:39
248. Re: Attachment 12, Clause 27 & Schedule 22
Could the Authority please consider a Controller to Controller relationship so that a Supplier is able to meet it's statutory responsibilities and requirements around their awarding powers and statutory reporting?
there is no attachment 12 in the Bid Pack. Please clarify exactly the document and clauses you are referring to.
Answered
14/12/2022 10:39
247. Re: Attach 12, Clause 8
Could the Authority please clarify how this clause would be triggered?
There is no attachment 12 in the Bid Pack. Please clarify exactly the document and clauses you are referring to.
Answered
14/12/2022 10:40
246. Re: Attach 7, Schedule 8
Please could the Authority clarify the use of Clause 23, Schedule 7 and Schedule 8? Is the option to use the Joint Controller relationship used by each Customer upon which varying terms in the Call Off to confirm which clauses the relationship is subject to?
Schedule 8 would only be used where a Contract would be beholden to a Joint Controller relationship as identified within Schedule 7 by a Customer. Customers would determine the nature of the data processing relationship based on the specifics of their Call-Off.
Answered
14/12/2022 11:03
245. Re: Attachment 7, Schedule 4, 3.2.4
Could the Authority please clarify whether there is a standard ICT Policy expected for compliance or is the Supplier required to ensure its infrastructure has the ability to meet multiple different Policies?
As per Schedule 1 Definitions; ICT Policy would be "means the Customer's policy in respect of information and communications technology, referred to in the Contract Order Form, which is in force as at the Contract Commencement Date (a copy of which has been supplied to the Supplier), as updated from time to time."
Answered
14/12/2022 11:04
244. Re: Attachment 7, Schedule 3 Annex 2
Could the Authority please confirm which terms take precedent as the detail of this Annex 2 is in contrast with Paragraphs 3,5 and 6 in Schedule 3?
Annex 2 relates to Clause 4 of Schedule 3 (Attachment 7). The majority of the funding will be drawn down from the ESFA on a monthly basis. Where invoices are raised for any additional services which are being paid for commercially by the customers Clauses 3 and 5 apply.
Clause 6 of Contract Schedule 3 is applicable as this relates to the adjustment of contract charges which is not covered in Annex 2. Please read in conjunction with the Dynamic Marketplace Agreement Schedule 3 Part A.
Answered
14/12/2022 11:04
243. Re: Attach 7, Schedule 3, 5.0
Could the Authority please confirm that this clause is "not used" for the majority of Apprenticeship Services where funding is drawn down through an automatic levy account and not invoiced directly?
Please read in conjunction with Annex 2 of Attachment 7.
Answered
14/12/2022 10:42
242. Re: Attachment 7, Annex 3, SLA
Could the Authority please clarify if this is Degree Certificate or Apprenticeship Certificate, as the Apprenticeship Certificate is not supplied by the Supplier, but the ESFA directly?
This relates to certificates which the supplier is responsible for supplying or arranging the supply of.
Answered
14/12/2022 10:43
241. Re: Attachment 7, 23.23
Can the Authority please clarify how a Supplier would be able to meet their statutory responsibilities under the FOIA of which they would also be subject to?
CCS believes 23.23 provides the needed clarity. We would recommend taking your own legal advice if required.
Answered
14/12/2022 11:04
240. Re: Attachment 7, 23.16
Can the Authority please clarify the reasons to which a Customer may need to share a Supplier's Confidential Information under this clause?
CCS believes 23.16 provides the needed clarity. We would recommend taking your own legal advice if required.
Answered
14/12/2022 11:04
239. Re: Attachment 7, 23.6
Can the Authority please clarify if back-ups is hard copy or electronic?
This would be determined by Customers as part of their Call-Off requirements. As such CCS is unable to comment.
Answered
14/12/2022 11:05
238. Re: Attachment 7, Clause 22.8
Can the Authority please clarify the reasons to why a Customer would want/need to sub-license Background IP of a Supplier for circumstances not related to the delivery of an Apprenticeship?
The clause in question is a standard government clause in relation to IPR. The clause shall remain as drafted. The nature of use is dependent upon the Customers Call-Off and as such CCS is unable to comment.
Answered
14/12/2022 11:05
237. Re: Attachment 7, Clause 22.5
Can the Authority please clarify the reasons to why a Customer or Government Body would want to use Background IP of a Supplier for circumstances not related to the delivery of an Apprenticeship?
The clause in question is a standard government clause in relation to IPR. The nature of use is dependent upon the Customers Call-Off and as such CCS is unable to comment.
Answered
14/12/2022 11:05
236. Re: Attachment 7, Clause 18.9
Can the Authority please clarify what "benefit" they would expect a Customer to be able to receive from a Key Sub-Contract?
The clause in question is a standard government clause in relation to IPR. The clause shall remain as drafted. The nature of use is dependent upon the Customers Call-Off and as such CCS is unable to comment.
Answered
14/12/2022 11:06
235. Re: Attachment 7, Clause 18.
Can the Authority please clarify if these clauses relate to Subcontractors that the University look to use after/in addition to those that we declared as part of our original submission of Apprenticeship provision?
CCS believe clause 18 is clear in it's requirements; if there are specific concerns please highlight the specific elements.
Answered
14/12/2022 11:06
234. Re: Attachment 7, Clause 16.2.
Can the Authority please consider a collaborative approach to this scenario; as a Supplier would expect discussion and involvement around concerns over Personnel rather than a direct request for removal?
CCS is unable to accept the ammendment. The Clause shall remain as drafted
Answered
14/12/2022 11:06
233. Re: Attachment 7,Clause 16.
Can the Authority please clarify what they would foresee and/or expect a Customer to make requests on a Supplier Personnel?
CCS believe clause 16 is clear in it's requirements; if there are specific concerns please highlight the specific elements.
Answered
14/12/2022 11:06
