Clarifications
There are 131 clarifications for this DPS
11. Schedule 9 / Paragraph 4 - Suppliers should not be expected to determine whether a customer has followed a 'legitimately tendered procurement route' or whether the customer has followed an 'Authority mandated process'. Suppliers will rightly not have full knowledge of a customer's actions and omissions, it is inappropriate to require suppliers to confirm outcomes which they cannot fully control. Can you please clarify why the approach adopted in RM1045 has not been replicated for the RM3825 agreement (i.e. Clause 14.5 of RM1045 requires a self-audit sample such that the Authority can then determine that an appropriate and legitimately tendered procurement route has been used)?
These are standard reporting requirements (as are consistent with other recent procurements) which CCS considers are reasonable and proportionate to assure the Supplier's compliance with its obligations under the DPS Agreement.
The clauses will remain as drafted.
Answered
26/10/2017 10:50
10. Clause 17.6 requires suppliers to use best endeavours to implement a system, any best endeavours obligations can be considered an onerous commitment for a contracting party, but in this instance the scope of the obligation is unknown making the commitment particularly onerous. Suppliers cannot predict the costs they might face in the implementation of an unknown system. Furthermore, suppliers cannot predict the scope or feasibility of work that will be required in order to implement an unknown system with unspecified interface requirements, yet the current drafting would commitment them to implement it whatever the specific requirements might be. This clause requires one party to commit to an obligation of unknown scope and as such is, in our opinion, unreasonable. Could you please clarify the contractual requirement such that Suppliers can assess and cost compliance with the obligation, i.e. by confirming the system, related interface requirements, etc. When clarified, any obligation to implement should be on a reasonable endeavours basis.
The Authority is looking to replace the current system to provide an improved user experience and increase supplier access to information and online help. Additional options for the format of MI Reporting Templates will be enabled including an option to interface directly to the new system. It is anticipated that this work will commence during financial year 2018/2019. Suppliers to established agreements will be able to continue to use that same format for MI Reporting Templates as set out in the relevant agreement.
Answered
26/10/2017 10:48
9. When in the application process do suppliers formally agree to the DPS terms and conditions?
The stages for DPS Agreement sign-off are described in paragraphs 68 to 71 (The DPS Agreement sign-off) of the DPS Need document which can be found in the bid pack.
Answered
23/10/2017 16:21
8. In Paragraph 12 of the DPS Customer Needs document, it states that any Material Sub-Contractor must achieve HSCN Compliance.
A Material Sub-Contractor is defined in the HSCN Deed as a sub-contractor that, in the opinion of the HSCN Authority, performs a substantive role in the provision of all or any part of the HSCN Connectivity Service.
In the provision of service, it is likely that tail circuit providers would be used. Does the HSCN Authority consider a tail circuit provider as being a material sub-contractor, sub-contractor or a Supplier?
HSCN Obligation OPCERT3 states that the supplier must declare any Material Sub-contractors utilised in delivering the service to the HSCN Consumer and HSCN Authority and will be responsible for ensuring that those Material Sub-contractors comply with all of the requirements stated in the HSCN Obligations Framework. The HSCN Authority requires suppliers to declare all sub-contractors who are engaged in any technical, service management or commercial delivery attributes at HSCN Stage 1 Compliance. Where your sub-contractor is the entity connecting to the Peering Exchange the HSCN Authority requires that sub-contractor to achieve HSCN Compliance and be declared as a Material Sub-contractor. You can contact the HSCN team for more information about your specific circumstances at enquiries@nhsdigital.nhs.uk
Answered
27/10/2017 15:05
7. With regard to para 30.7.3 (Protection of Personal Data) of the DPS Call Off Terms, it states that if the Supplier wishes to Process or transfer Personal Data to a Restricted Country, then the Supplier should set out a Variation Request to be agreed by the Customer in order to do so.
If the Supplier only processes Personal Data in a Restricted Country, then then the Supplier would be asked to sign a call off contract with the Customer, for which they would be non-compliant, before requesting a Variantion Request.
Would the Authority consider changing the provision to allow the Customer to expressly agree to Personal Data being off-shored prior to contract?
Where a Customer (having considered any risks involved and any protocols/guidance applicable to the type of data being processed) actively chooses to agree to Personal Data being processed in a Restricted Country this can be stated by the Customer in their Statement of Requirements. Customers will be informed of this option by inclusion in the guidance documents.
Answered
27/10/2017 15:04
6. In the course of the Pre Market Engagement, it was stated that CCS would be providing a document stating the differences in the Terms of RM3825 to the Terms of RM1045.
Is this delta document going to be made available?
Comparisons of the Agreement Terms and Call Off Terms documents for RM1045 and RM3825 are now available to download from the CCS webpage at http://ccs-agreements.cabinetoffice.gov.uk/node/6903
Answered
24/10/2017 10:41
5. Please can the terms documents be made available to bidders to download as Microsoft Word documents.
Yes, Microsoft Word versions of the terms documents are now available to download from the CCS webpage at http://ccs-agreements.cabinetoffice.gov.uk/node/6903
Answered
20/10/2017 14:58
4. Can you tell us what changes were made to the documents in the Bid Pack on 17/10/2017.
Two documents, RM3825_DPS Agreement.pdf and RM3825_OJEU Contract Notice.pdf were updated by CCS on 17/10/2017 to include the OJEU reference. number.
Answered
20/10/2017 14:57
3. Please can you indicate the method for sending clarifications
"There are two routes for Potential Suppliers to put forward questions / requests for clarification. These are detailed below:
1. via the 'Ask a clarification question' link: (https://supplierregistration.cabinetoffice.gov.uk/dashboard/clarification/ask?qid=%40jJNT08%3DTUZsVVRRPT0%3DN)
2. Email to: hscndps@crowncommercial.gov.uk"
Answered
20/10/2017 12:09
2. "As a specialist database management and software development company could you confirm which framework we should register on under the new DPS.
Initially we thought it would be the HSCN framework as that one is labelled as "Technology", but reviewing the bid pack shows that the CPV codes cover mainly hardware and communications."
The recently launched procurement to establish the DPS reference RM3825 HSCN Access Services is for the provision of network connectivity services to the Health and Social Care Network by HSCN compliant suppliers. If you are able to provide network connectivity services and interested in joining this DPS you will need to obtain HSCN Stage 1 Compliance (https://digital.nhs.uk/health-social-care-network/suppliers#HSCN) prior to submitting your request to participate.
Answered
20/10/2017 10:43
1. We have downloaded the DPS bid pack and was wondering whether there are any changes to the draft documents such as the Agreement before we begin a full review of the documents.
We do not anticipate any changes to documentation. However, if any amendments do arise we will advise bidders by close on 06/11/2017 as shown in the timelines for the request to participate. You can see these timelines in the DPS Needs document available in the bid pack.
Answered
20/10/2017 10:39
