Clarifications

We will insert a new clause 35.1.3(d)(C) in the HSCN call off contract as follows: 35.1.3(d)(C) - the Customer shall not be entitled to payment of the Charges for Critical Service Level Failure pursuant to clause 10.1 (Critical Service Level Failure).

The definition necessarily differs between the two documents due to the context and purpose of each. It is right that the Customer should rely upon the Supplier to be fully aware of and manage the delivery of all Services under a Call Off Contract (which it also has full responsibility for as per Call Off Clause 25.2.1) and not simply those it delivers directly. The definitions will remain as drafted.

"You are correct - the current cross reference to DPS Agreement Clause 7.2.8 is incorrect and it should be to Call Off Clause 3.2.7, as per below. This change will be applied to the Call Off Contract. "(a) the warranty given by the Supplier pursuant to Clause 3.2.7 of this Call Off Contract is materially untrue; or "

Under Call Off Clause 6.1.4(c)(E) the Supplier is obliged to ensure that the Services it provides are compatible with those listed elements that are required for the delivery of the Services. The Order Form caters for instances where the Customer requires a specific assessment to evidence this compatibility.

Correct - where Delay Payments were not included in an Implementation Plan (which is the Customer's decision) and a Milestone had not been Achieved any payments associated with Achieving that Milestone, and any dependencies upon it would not become payable until such time as it had been Achieved. As per Clause 6.4.2 the Customer may also classify such failure as a material Default and exercise its other rights in that eventuality.

Correct - Acknowledging and excepting the exclusions under Call Off Clause 5.5.1(b) where a Customer has specified that Delay Payments are applicable these are the exclusive financial remedies available to the Customer in the event of non-Achievement of a Milestone.

Correct - Delay Payments could continue to accrue beyond 100 days but it is anticipated that a Customer would exercise (or have exercised) another of its rights at or close to this time to extinguish the ongoing Delay Payments, most likely termination for material Default.

Correct - the context of the entirety of Call Off Clause 5.5 is Delay Payments.

The Customer has a default right to extend the Call Off Period, provided this does not cause the Call Off Period to exceed 60 Months, and does not need to express the intention in the Order Form. If the Customer requests the full 60 month term, then the notification six months prior to the end of the call off alerts the customer to the need to replace the contract. The Call Off Contract Initial Period appears in Section B of the Order Form.

The recitals to the Deed of Guarantee make it clear that the Guarantor will guarantee all of the Supplier's obligations under the relevant agreement. Guaranteed Obligations are defined to mean "all obligations and liabilities of the Supplier to the Beneficiary that are supplemental to, incurred under, ancillary to or calculated by reference to the Guaranteed Agreement". The drafting makes it clear that the Supplier's liability is as stated in the DPS agreement and the Guarantor's obligations and liability as provided for in the standard government deed of guarantee template agreement are limited to those of the Supplier under the Guaranteed Agreement.

The suite of contractual documents have been developed and refined between CCS and NHS Digital, factoring feedback and input from customer and supplier organisations. The few adjustments which have been applied to the most recently shared document set have been made to simplify and streamline the procurement process for HSCN connectivity services under the DPS. No extension to the clarification period is considered necessary as bidders can apply to join the DPS at any point during its validity. Please refer to the timelines published in the DPS needs document. Please ensure that questions are submitted throughout the period prior to the deadline, and preferably not in bulk on the final day of the deadline. With specific reference to the Implementation Period: The removal of this concept allows the Supplier and Customer to agree the Go-Live Date and Service Instance Period for each Service Instance. Careful planning of these within the Call-Off Contract Period should mitigate the risk. Bidders should familiarise themselves with the concept of Service Instances (i.e. which have their own specific Implementation Plan) and the relevant definitions. The HSCN Authority requires, as a minimum, that a standard Exit Plan is in place for all Call Off Contacts. The updated terms requires a supplier to comply with the provisions of Schedule 9 and its standard Exit Plan from the SQ Response. Where a consumer requires any additional support outside of these provisions, such support would be chargeable (clause 5.1.3, Schedule 9 Exit Management refers). Please also review the responses to all other clarification questions.

To ensure we are able to respond to your questions as close to this date as possible, the deadline for receipt of questions will be 11:00 am on 6th November. Any questions we receive after this time will be responded to once the DPS has been established.

Bidders must submit requests to participate in this procurement to establish the RM3825 HSCN Access Services Dynamic Purchasing System via the Sid4Gov Supplier Registration/Selection route. Please see the Welcome section (paragraphs 1 - 43) of the DPS Needs document for details on how to submit a request to participate. The DPS Needs can be downloaded with the rest of the bid pack from: https://supplierregistration.cabinetoffice.gov.uk/dps#technology

Please visit the HSCN supplier information webpage to determine whether HSCN compliance is required. https://digital.nhs.uk/health-social-care-network/suppliers Contact the HSCN team for more information about your specific circumstances enquiries@nhsdigital.nhs.uk

Yes, all information will be distributed to attendees following the webinar and will be available to download from the CCS webpage at http://ccs-agreements.cabinetoffice.gov.uk/node/6903

No, the sub-contractor questions in the HSCN specific questionnaire will only appear if you have confirmed in your standard selection questionnaire that you use sub-contractors. If suppliers are capable of delivering all services directly then these questions do not require an answer.

The information on HSCN Compliance is available on the HSCN website, and links to the information are available in our Customer Needs document which is available in the Bid Pack.

The questionnaire is self certifying. If you provide PSN services via a sub-contractor, suppliers are able to answer 'yes' and in the proposal to the customer they will detail which sub-contractor is PSN-compliant. This will then be used to certify PSN-compliance.

The provisions are not contradictory - the Clause states that electronic submission of correspondence is acceptable and Clause 38.3 stipulates the Notices which must be provided as soft copy documents attached to an email. In all other circumstances correspondence in the body text of an email will be considered sufficient. Clause 38.5 merely provides the postal address of the Authority which is required in the widely accepted correct format for formal written correspondence. It should also be noted that although this Clause recognises and accepts electronic submission of notices it does not preclude the use of the postal system for hard copy correspondence.

The Management Levy is calculated based on the declared spend reported back to the Authority in the Supplier's Management Information. Experience shows that under payment of the Management Levy is far more frequent than over payment. Where an audit identified any over payment of the Management Levy then the recovery of any such amount to the Supplier would be agreed between the Parties, most likely by a credit applied to the next Management Levy due to the Authority.