Clarifications

169. Please could CCS confirm if our below understanding of the Exit Management provisions is correct and what specific assets, if any, CCS envisages that potential suppliers of End Point Assessment Services as EPAOs might, in practice, potentially be required to sell, permit the use of and/or assign on termination or expiry of a contract. The exit management provisions set out under schedule 10, and in particular paragraph 9, of the Call off Contract Terms, suggest that in the case of each contract, a contracting authority would: • have a right to require that the potential supplier sell any of its assets, capable of legal transfer, which the potential supplier, or any key-subcontractor has used exclusively in the provision of its services to the contracting authority and to do so at net book value; • have a right to require that the potential supplier, permit the continued use of any of its, or a key-subcontractor's assets which were not used exclusively to provide the services, but instead used for provision of its services to the contracting authority as well as other purposes; and • have a right to require that the potential supplier, assign or novate any of its sub-contracts, licences for third party intellectual property rights and/or that potential supplier, grant licences for use of its own intellectual property rights; in order for either a contracting authority or a replacement supplier to the approved supplier to provide either the same or substantially similar services.

168. Please could CCS clarify what a Customer's total aggregate liability might be to a potential supplier in respect of losses resulting from customer causes occurring after the end of the first contract year? We note, pursuant to clause 25.4(a), that a sum equal to contract charges shall be a Customer's total aggregate liability in respect of all losses arising as a result of customer causes occurring during the first contract year.

167. Please could CCS clarify to what extent a potential supplier shall have a right to remedy any default, including in performance of the Services, under the DMP Agreement and/or a Contract, prior to CCS and/or any Customer having a right to suspend or terminate the DMP Agreement and/or a Contract?

166. We note that CCS shall have a right to terminate the DMP Agreement without cause at any time following 6 months and that a contracting authority/ Customer shall have a right to terminate a Contract without cause at any time. Please can CCS confirm whether there is any scope for potential suppliers to agree for the inclusion of an initial minimum term, prior to its entering into any Contract?

165. We no longer wants to submit prospectus/pricing information for frameworks. But still wishes to submit for standards. As we ticked earlier in the process that we do want to submit for frameworks can you advise how we amend this? As we do not appear to be able to go far enough back in the submission to amend this.

164. Can you clarify the documentary evidence you expect us to provide for the following questions in the Registered 2 stage form: 179. Upload documentary evidence for a list of relevant principal contracts for goods and/or services provided in the last three years 180. Upload documentary evidence for a certificate for each principal contract for goods and/or services provided in the last three years Thanks Matt.

163. Hello, I'm wondering if you can help at all? We are currently experiencing an issue with the DPS. Clients are requesting evidence and we are not receiving these requests. Please can you confirm the process for requesting evidence and why we may be experiencing this issue? Thank you,

162. With reference to Attachment 7 DMP Schedule 4 Annexes 1 and 2 Template Contract Order Form and Template Contract Terms V1, Clause 25.3 Financial Limits, Can the following be amended from: "....reference of all Losses incurred by the Customer under or in connection with this Contract as a result of Defaults by the Supplier shall in no event exceed: the higher of five million pounds (£5,000,000) or a sum equal to one hundred and fifty per cent (150%) of the Contract Charges" To "....reference of all Losses incurred by the Customer under or in connection with this Contract as a result of Defaults by the Supplier shall in no event exceed: the lower of five million pounds (£5,000,000) or a sum equal to one hundred and fifty per cent (150%) of the Contract Charges"?

161. With reference to Attachment 7 DMP Schedule 4 Annexes 1 and 2 Template Contract Order Form and Template Contract Terms V1, Clause 25.3 Financial Limits, Please can you confirm we can agree limit of liability in line with the contract value, both under: a. Rapid Award; and b. Standard Award. For example: I. Clause 25.3 limit of liability '.........'. For low value contracts, the £5M liability appears high; II. PI cover on an any claim basis, rather than an in aggregate limit?

160. With reference to DMP Schedule 5 Direct Award Contract, how will the Supplier receive the Attachment 8 - Contract Order Form?

159. With reference to DMP Schedule 5 Direct Award Contract and Standard Award Contract, is the Supplier entitled to negotiate and/or reject the Attachment 8 - Contract Order Form and/or Attachment 7 DMP Schedule 4 Annexes 1 and 2 Template Contract Order Form and Template Contract Terms V1 with each Contracting Authority?

158. With reference to DMP Schedule 5 para 2.4.6, please can you send us the Regulations and Guidance? Would this apply both to Rapid Award Contracts and Standard Award Contracts?

157. With reference to Clauses 8.2 and 33.1.2 of the Framework Agreement. Given that we are unable to refuse to enter into individual Call Off Contracts and the provision of Contract Guarantees would require our internal approval prior to entering into the Call Off Contract, we would appreciate it if you could: • provide clarity on where in the Contract Order Form a Contract Guarantee can be requested; • and provide the CCS Guidance (for Contracting Authorities) on when a Contract Guarantee should be requested. Alternatively, if Contract Guarantees will not be required from bidders where a DMP Guarantee was not provided, could Clauses 8.2 and 33.1.2 in the Framework be amended to state 'Not Used'?

156. With reference to Clauses 8 and 33 of the Framework Agreement. Will clauses 8.1 and 33.1.1 be amended to state 'Not Used' for bidders that have passed the economic & financial standing financial threshold score of 35?

154. With reference to Sch 5 para 2.4.6, please can you make available the Regulations and Guidance? Please clarify whether this would apply to both Rapid Award Contracts and Standard Award Contracts?

153. With reference to a DMP Schedule 5 Direct Award Contract and Standard Award Contract, is the Supplier entitled to negotiate and/or reject the Attachment 8 - Contract Order Form and/or Attachment 7 DMP Schedule 4 Annexes 1 and 2 Template Contract Order Form and Template Contract Terms V1 with each Contracting Authority?

152. With reference to a DMP Schedule 5 Direct Award Contract, how will the Supplier receive the Attachment 8 - Contract Order Form?

151. With reference to Attachment 7 DMP Schedule 4 Annexes 1 and 2 Template Contract Order Form and Template Contract Terms V1, Clause 25.3 Financial Limits, Please can you can confirm we can agree limit of liability in line with the contract value, both under a. Rapid Award; and b. Standard Award. i.e. i) Clause 25.3 limit of liability '.........'. For low value contracts, the £5M liability appears high; also ii) PI cover on an any claim basis, rather than an in aggregate limit.

150. With reference to Attachment 7 DMP Schedule 4 Annexes 1 and 2 Template Contract Order Form and Template Contract Terms V1, Clause 25.3 Financial Limits, Can the following be amended from "....reference of all Losses incurred by the Customer under or in connection with this Contract as a result of Defaults by the Supplier shall in no event exceed: the higher of five million pounds (£5,000,000) or a sum equal to one hundred and fifty per cent (150%) of the Contract Charges" to "....reference of all Losses incurred by the Customer under or in connection with this Contract as a result of Defaults by the Supplier shall in no event exceed: the lower of five million pounds (£5,000,000) or a sum equal to one hundred and fifty per cent (150%) of the Contract Charges"?

148. Where a training provider has not been subject to Ofsted inspection/monitoring, how should Q86 of the Generic Apprenticeship Prospectus Template be answered.