Clarifications
There are 119 clarifications for this DPS
26. Good afternoon,
On both the AI DPS Questionnaires there are questions about the use of subcontractors and supply chains. For any opportunity that we may bid for on the Framework, we may use subcontractors to work with us in delivering the work, but at this stage we do not know which companies they would be, as it would depend on the requirements of the opportunity. Therefore, we are unsure whether to answer yes or no to these questions. If we answer 'yes' to question 21, we would be required for names and details of subcontractors.
Please could you advise the best way for us to proceed?
Thank you,
Rachel Welby, Bid Manager, Fujitsu
We do not require all Subcontractors to be disclosed. You need only disclose those Subcontractors who directly contribute to your ability to meet your obligations under the DPS Appointment Form (including under any Contract Agreement following a Competition Procedure). There is no need to specify Subcontractors providing general services to the Supplier (such as window cleaners etc.) that indirectly enable the Supplier to perform the DPS Appointment Form. Please read the definition of Subcontractor in the DPS Appointment Form.
If you are successfully appointed to the DPS and are awarded a RM6200 Artificial Intelligence DPS Appointment, any changes to arrangements in relation to Subcontracting and Group of Economic Operators arrangements which are made following the award will be dealt with in accordance with DPS Schedule 6 (Key Subcontractors) of the DPS Appointment Form.
After being appointed to the DPS any additional Subcontractors can be disclosed at that time.
Answered
16/12/2020 11:00
23. We have asked a CQ a month ago, and haven't received the response yet.
We have a team waiting to hear if we qualify to tender or not, so could you please respond.
The question was:
We are an NHS Foundation Trust and do not have the Cyber Essentials certificate, however, we ae compliant with the ICO's Data Security & Protection Toolkit, which includes the same requirements as Cyber Essentials. Would this be acceptable, or would we be excluded from the process as we do not have a Cyber Essentials certificate.
You are required to confirm as part of your DPS submission, that you have Cyber Essentials basic certification in place, as a minimum, at Question 155 of the SQ. If you have Cyber Essentials Plus you can select this option at Question 156 of the SQ. A 'Yes' response to either of these questions is acceptable. If you select 'No' to Question 155 of the SQ and confirm this response at Question 5 of the DPSQ by selecting 'Yes' that you do not hold a valid Cyber Essentials basic certificate this will be classed as a 'Fail' and your application will be rejected until you have a valid Cyber Essentials basic certificate.
Please note that Cyber Essentials was developed because neither ISO27001 nor other considered standards were sufficiently prescriptive to defeat common internet based threats as per the PPN.
Answered
16/12/2020 11:04
22. What equivalent certifications are there to Cyber Essentials / Plus? Is ISO:27001 certification an suitable alternative?
Cyber Essentials has five requirements:
- Configure and deploy a firewall
- Make use of secure configurations for devices and software
- Make use of access control to prevent unauthorized access to data and services
- Protect yourself against malware such as viruses
- Keep devices and software updated
A certification is equivalent if it demonstrates explicitly that you have met the five requirements to the same or higher standard as would be required by the Cyber Essentials scheme.
ISO:27001 consists of 14 controls, but these are not as specific as the Cyber Essentials requirements. For example, one of the controls is """"""""Make use of secure configurations for network infrastructure"""""""". This does not necessarily require you to configure and deploy a firewall, although most of the time you would expect that's part of what an organisation would do for that control, it's not explicitly required.
So the question is whether your ISO:27001 certification from a trusted third-party explicitly demonstrates that you meet all five of the requirements under the Cyber Essentials scheme. It's not enough that you probably meet the requirements, or that typically your IT support team would meet the control by doing a specific thing, the certification would need to show that you do in fact meet the requirements.
Answered
15/03/2021 13:33
21. Is it mandatory for suppliers to provide, as part of our application, the evidence requested in Questions 179 and 180, relating to contracts for goods/services in the last three years, if we have already provided case studies for Questions 133, 134 and 135? We notice that answers to Questions 179 and 180 have not been required for other recent CCS DPS questionnaires (for example, the Robotic Automation Process DPS).
Please refer to the Bid Pack, there are questions in the selection Questionnaire that are not applicable for this RM6200 Artificial Intelligence procurement, therefore please note, a
response is NOT required to the questions as detailed below:
Part 1: (Contract Example 1) - Q133
Part 1: (Contract Example 2) - Q134
Part 1: (Contract Example 3) - Q135
Part 3: (Steel) Q147 - Q149
Part 3: (Supply Chain) Q150 - Q154
Part 3: (NHS Questions) Q157 - Q161
If you have any further issues my colleagues at NQC will be able to assist you. Please use the 'contact us' tab at the foot of the Supplier Registration Service (SRS) home page or call them on 0161 413 7982.
Answered
16/12/2020 11:05
20. We are an EU startup not based in the UK.
- Question 5 in SQ DPS - Can we provide a Cyber Essentials Certification issued from the EU country where we are based?
- Question 51 in SQ DPS Please provide your Companies House registered company number.
As a non-UK company, shall we provide the company registration number in the EU country?
You are required to confirm as part of your DPS submission, that you have Cyber Essentials basic certification in place, as a minimum. If you select 'No' to Question 155 of the SQ and confirm this response at Question 5 of the DPSQ by selecting 'Yes' that you do not hold a valid Cyber Essentials basic certificate this will be classed as a 'Fail' and your application will be rejected until you have a valid Cyber Essentials basic certificate. Any other certification you provide will be classed as in addition to Cyber Certification and not instead of.
With regards to your company registration please provide the same details you used to register as a supplier on the Supplier Registration website.
Answered
22/12/2020 14:06
19. Question 129. Do you meet the minimum level of economic and financial standing and/or minimum financial threshold specified within the evaluation criteria for this procurement?
As we do not know our score provided by the credit reference agency, how can we confirm if we meet the minimum financial threshold, which we understand is the score 35 or more?
Also, is the level of economic and financial standing different from the financial threshold?
CCS can confirm that suppliers are not obliged to provide a response to this question. In the event your financial failure score, provided by Dunn and Bradstreet, falls below the indicated threshold, you will be contacted directly by CCS in order to gather the relevent financial evidencees for further assessment.
Dun and
Bradstreet (D&B) will be able to confirm your current financial score at https://www.dnb.co.uk/
Answered
16/12/2020 11:06
18. With regard to question 127 of the Selection Questionnaire- We had exemption from audit and hence only have unaudited accounts, will that impact our position?
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. The report provided by the credit reference agency (Dun and Bradstreet) will
be used to determine the level of financial risk you represent. If the score provided by the credit reference agency is 35 or more, then your Request to participate will continue to proceed in the DPS Selection process. If the score is less than 35 our Commercial Finance Team will request sight of you last 2 years accounts to carry out a further assessment.
Answered
16/12/2020 11:09
16. We have completed the SQ Supplier Response and submission is highlighted as complete. I am now at the Evidence Submission stage.
Can you advise how I can amend the SQ Supplier Response please?
The Selection Questionnaire is split into two (2) distinct sections. The first is a standard Selection Questionnaire (SQ) and this must be completed and submitted via the Supplier Registration Service to progress to the next section of the SQ process, referred to as the DPSQ (these are DPS specific questions, and also contain the Service filters that buyers will also select when running Competition procedures). When you have completed the SQ you need to select either 'Save and Continue' at the end of the questionnaire, or, you can select 'Save and view answers' to review your responses, allowing you to make any changes prior to submitting the SQ, once done this will direct you to the DPSQ.
Please note - you cannot amend your responses to any of the standard Selection Questionnaire responses once you have progressed on to the DPSQ. If you require further guidance please contact NQC using the 'contact us' tab at the foot of the Supplier Registration Service (SRS) home page or call them on 0161 413 7982.
Answered
16/12/2020 11:15
15. We are an NHS Foundation Trust and do not have the Cyber Essentials certificate, however, we are compliant with the ICO's Data Security & Protection Toolkit, which includes the same requirements as Cyber Essentials. Would this be acceptable, or would we be excluded from the process as we do not have a Cyber Essentials certificate"?
PPN 09/14, Annex C, FAQ states:
According to EU Law a supplier is not obliged to use Cyber Essentials. A supplier need only demonstrate to the satisfaction of the contracting authority that they meet Cyber Essentials requirements. Normally this should be verified by a technically competent and independent 3rd party. To demonstrate that Cyber Essentials Plus requirements have been met it is required in all cases that verification is provided by a technically competent and independent 3rd party.
Gaining the Cyber Essentials certificate is the easiest way to demonstrate that the requirements have been met; however other forms of evidence are acceptable. Aside from a supplier falling under one or more of the stated exemptions Cyber Essentials certification is likely to be the cheapest way to achieve this.
Answered
24/09/2020 10:13
14. Could you please clarify whether it is mandatory to report on a monthly basis if you are not under contract with any buyers.
In accordance with clause 2.1 of DPS Schedule 5 Management Information, 'MI Reports must be completed and returned to CCS by the fifth Working Day of every month during the DPS Contract Period and thereafter; if at any point there is a period of a month where no reportable transactions occur, then a declaration must be made confirming no business has been conducted, in place of data submission'.
You can do this electronically by submitting a 'no business' in Report MI, if no contract has been awarded.
Answered
24/09/2020 10:13
13. Could you please confirm a timeline for applying to be a supplier to RM6200? e.g., what is the deadline for applications to join as a supplier?
A Dynamic Purchasing System is open for suppliers to apply at any point during its lifespan, for Artificial Intelligence this is initially until 04/03/2022. There are no deadlines for a supplier to join, however a supplier must be appointed to the DPS to be included in any calls for further competition by the buying organisation which may take place at any point in time.
Answered
27/08/2020 13:13
12. Please confirm if the Supplier's liability under Joint Schedule 11 (Processing Data) is captured by either clause 11.4 or 11.6 of the Core Terms.
Supplier is advised to seek their own legal advice if necessary.
Answered
24/02/2021 14:33
11. Please confirm if the capitalised terms "Data Loss Event" "Data Protection Law", "Data Subject Request" and "Data Sharing Agreement/Joint Control Memorandum of Understanding" as used in Joint Schedule 11, (for example at paragraph 5(b), Annex 2, 1.1 and 2.1 respectively) are defined terms/correct and if not what these should be (Personal Data Breach, Data Protection Legislation, Data Subject Access Request and Joint Controller Agreement respectively?).
Data Loss Event should refer to the definition "Personal Data Breach" within Joint Schedule 1
Data Protection Law should refer to the definition "Data Protection Legislation" within Joint Schedule 1
Data Subject Request should refer to the definition "Data Subject Access Request" within Joint Schedule 1
Answered
24/02/2021 14:30
10. Please confirm that the reference to" tort" in clause 11.2 of the DPS Core Terms includes negligence ("whether in tort (including negligence), contract or otherwise...")
CCS can confirm that Tort does include negligence.
Answered
10/09/2020 14:16
9. We note that there are no licence rights for third party IPR in clause 9 of the DPS Core Terms. Please confirm that any IPR belonging to third parties will be subject to licence agreements contained in a relevant Order and will not be considered New IPR (in the same way that Supplier's Existing IPR is excluded from the definition of New IPR in the DPS Joint Schedule 1).
Supplier is advised to refer to Call-off Schedule 6 (ICT Services) as well and seek their own legal advice if necessary.
Answered
24/02/2021 14:24
5. We note that a financial standing assessment is required, can you please provide guidance on how a new company with no trading history should respond to this and how they will be assessed?
CCS will carry out a financial assessment in the event a suppliers Dunn&Bradstreet score does not meet the required threshold.
A selection of evidence can be provided in lieu of accounts in the event a supplier has limited trading history, and can be found in the selection questionnaire within the Bid Pack (Question 128). CCS requires suppliers to upload evidence using the Evidence Submission section of the questionnaire.
Answered
21/08/2020 12:26
4. Looking to apply to this DPS and was wondering if there was an invitation code to use or if we started a new questionnaire.
The Artificial Intelligence DPS can be applied for by clicking the "Access as a Supplier" option within the DPS landing page. https://supplierregistration.cabinetoffice.gov.uk/dps#technology
Answered
10/09/2020 13:57
3. Please confirm whether question 137 of the Selection Questionnaire needs completing because in the DPS Needs v1.0 document, the instructions state in paragraph 70 that there is no requirement to complete questions 133, 134 and 135 by providing contract examples? Question 137 seems associated with questions 133, 134 and 135 because it states "If you cannot provide at least one example customer
contract, in no more than 500 words please provide an explanation for this ..."
In this instance CCS will require a response to Q137 only in the event you are unable provide contract examples (as per responses to either Q133, Q134, Q135) and as such these questions are non-mandatory.
Answered
20/08/2020 06:59
2. Hi, we have reviewed the bid pack and cannot see Attachment 6 - SQ PDF which is listed in the 'Read First RM6200' document. Please can you advise where we can find this? Thank you
CCS can confirm Attachment 6 has now been uploaded and can be found within the main section of the Bid Pack for Artificial Intelligence.
Answered
20/08/2020 06:57