Clarifications
There are 251 clarifications for this DPS
269. Good afternoon. Q129 of the SQQ asks "Do you meet the minimum level of economic and financial standing and/or minimum financial threshold specified within the evaluation criteria for this procurement?" - we are expected to give a yes or no answer to this but are not made aware of what these "minimum levels/ financial thresholds" are; can you please advise how we are expected to answer this question or should we just leave blank? Thank you.
As per paragraph 53 of the READ FIRST RM6219 - DPS Needs document contained in the bid pack, we will undertake an assessment of your economic and financial standing using the DUNS number (as provided by Dun and Bradstreet) for your organisation which you input when registering on the SRS registration system and the threshold score is 50+. If you do not meet the threshold, our Commercial Finance team will contact you to provide additional evidence of your financial standing.
Answered
20/06/2024 08:51
267. Good afternoon, Thank you for the guidance you have sent from the NQC Team. Are you able to respond to our CQ raised on 12/4/24 please: Row 175 of the CQ log states: "Q: We have completed the DPS Registration 2 section and named the apprenticeship standards and frameworks that we wish to offer. We have, since then, reviewed this and wish now to make some changes. Can you please advise how we go about this? It is not clear whether and how we are able to edit previously submitted responses. A: CCS can confirm that you will need to add some information in any outstanding fields which will progress your submission to 'Agreeing' stage. Once you have entered 'Agreeing' stage and accepted the CCS Terms and Conditions to become 'Appointed' as detailed in section 5 of the READ First DPS Needs document which forms part of the bid pack. CCS can then temporarily reject your submission which will then enable you to be redirected to the DPSQ where you will be able to update your service offerings; resubmit your questionnaire and become reappointed to the DMP." Can the authority please confirm/specify what they mean by "you will need to add some information in any outstanding fields"? For example, would it be acceptable to add "To be confirmed" for each outstanding field related to apprenticeship standards that we do not wish to offer, so that once CCS rejects our submission, we can amend the DPSQ updating our service offerings and e.g. our Ofsted grade if it has changed in the meantime? Many thanks in advance.
NQC to answer on the technical process
Answered
04/06/2024 10:53
266. Hi there. Ixion need to update some of the information given in our Selection Questionnaire submitted in November 2022. Are you able to provide guidance on how we can do this please? Once Ixion have updated the information what is the timescale for moving us back to the 'Qualified' status? Could the commissioner confirm if it would be quicker to gain qualified status by completing a new selection questionnaire or updating our existing qualified questionnaire with changes.
NQC to answer on the technical process
Answered
04/06/2024 10:53
265. Hi there. Would the commissioner please advise if there are any requirements on a minimum cohort of 8 apprentices. Can we wait to get the minimum 8 apprentices on the standard before we commence delivery?
There are no minimum numbers of apprentices at the DMP level. This will be determined by customers at the Call-Off stage.
Answered
24/04/2024 09:28
264. Would the commissioner please consider deleting clause 25.4? There are many other ways to ensure that the Supplier is providing value for money and reasonable commercial terms to the Authority/contracting Authority. This can be done by monitoring price uplifts for fixed periods, only having contracts in place for 18 months, always using the Standard procurement procedure, and benchmarking commercial terms among the many mechanisms that the Authority can ensure they are getting value for money. To have the Authority enter into a contract with the Supplier and put undue pressure on the Supplier, that the contract can be taken away at any time because the Authority has found commercial terms more beneficial to the Authority is unreasonable as the Supplier will have amended their business practices to ensure they can deliver the contract based on particular commercial terms. The DMP agreement goes even further in that the Authority can terminate the contract for convenience on three months' notice, so having the Competitive terms clause is redundant and doesn't benefit either party.
CCS is unable to accept the amendment. The Clause shall remain as drafted
Answered
24/04/2024 09:26
263. Would the commissioner please advise if the supplier is allowed to reject a Rapid Award as under Schedule 5 Call for Competition procedure - there is no option to reject a Rapid Award, however is one available for the Standard procedure under clause 2.5.1. KPI 1.6 mentioned in Schedule 2 implies that we do have the right to reject a Rapid Award, and the drafting of the KPI also implies there is a closed list of reasons/grounds for why the Supplier may reject a Rapid Award. As the KPI 1.6 mentioned in Schedule 2 states "participate in Further Competitions and Request for Quotes for reasons other than 'Conflict(s) of Interest' or 'Lack of availability of Resource' must remain as six (6) or fewer occurrences in any rolling twelve (12) month period". In addition clause 33.2 states Termination on Material Default 33.2.1 The Authority may terminate this Dynamic Marketplace Agreement for material Default by issuing a Termination Notice to the Supplier where: (a) the Supplier fails to accept a Contract pursuant to paragraph 8.2 of DMP Schedule 5 (Call for Competition Procedure); Please can the commissioner confirm how schedule 5 - 8.2, clause 33.2.1 of the main agreement and the KPI 1.6 of Schedule 2 are to work together. As there may be legitimate scenarios where a Supplier just cannot take the contract on if it's a Rapid Award.
Schedule 5 Clause 8.2 and Clause 33.2.1 (a) of the DMP Agreement relate to Standard Award.
Answered
24/04/2024 09:28
261. Would the commissioner please advise if the supplier is allowed to reject a Rapid Award as under Schedule 5 Call for Competition procedure - there is no option to reject a Rapid Award, however one is available for the Standard procedure under clause 2.5.1. KPI 1.6 mentioned in Schedule 2 implies that we do have the right to reject a Rapid Award, and the drafting of the KPI also implies there is a closed list of reasons/grounds for why the Supplier may reject a Rapid Award. As the KPI 1.6 mentioned in Schedule 2 states "participate in Further Competitions and Request for Quotes for reasons other than 'Conflict(s) of Interest' or 'Lack of availability of Resource' must remain as six (6) or fewer occurrences in any rolling twelve (12) month period".
CCS can confirm that a Rapid Award may be rejected
Answered
18/04/2024 11:38
260. Would the commissioner consider amending clause 26 to allow for the indemnity to fall under the indemnity financial cap under clause 30 of the agreement?
CCS is unable to accept the ammendment. The Clause shall remain as drafted
Answered
18/04/2024 11:38
259. Hi there. As the DMP will end on the 29/04/2025 could the Authority please confirm if a supplier would be able to be appointed e.g. in April 2024 and be e.g. directly awarded a standard which has a completion period of 18 months?
A Buyer can place a Call-Off Contract up to and including the DMP expiry date.
Answered
24/04/2024 09:23
255. Hi Team, We are on supplier list and Appointed as RM6102 Apprenticeship training service provider. is it necessary for us to re-submit the questionnaires? also, if we are already appointed then as per our understanding we have to wait for BoE requirement to be published on CCS e-sourcing portal. is it correct? Please clarify.
CCS can confirm that you are an appointed supplier therefore do not need to resubmit the DPS questionnaires. The Bank of England can choose to use either their own esourcing portal or use the CCS platform on a self-serve basis. Please ensure contact details on the DMP and the esourcing suite are up to date.
Answered
28/09/2023 16:49
254. Good morning, We hope you are well We see our name on the suppliers list, but once we checked the workflow on our portal it states that the final stage is: 'Confirm Rejection: Assigned to DPS Category Owner' Does this mean we have been rejected on the framework? Are there any outstanding tasks we need to complete to ensure we have view of CCS Apprenticeship tenders going forward? Kind regards Bid Team
No, I can confirm you are listed as an Appointed supplier on the DMP.
Answered
31/07/2023 14:36
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
