Clarifications
There are 84 clarifications for this DPS
77. Please confirm how suppliers can make changes to the DPS prospectus and pricing once published? Will all changes need to be requested via a variation form?
In line with guidance that can be found in the Read First document in the bid pack:
22. You are able to update your responses and Prospectus(es) and/or Pricing Matrix' if applicable by selecting the 'Respond' option which is located on 'Your Dashboard'. CCS will monitor changes to submissions to ensure an effective audit trail. You will remain as an appointed Supplier on the DPS while you complete the update.
23. You will be presented with an overview of your answer sheet, where you are required to select 'Update [insert procurement name] DPSQ' from the 'Options' section on the right hand side of the screen.
24. All your previous answers will be pre-populated and you can navigate through the DPSQ, where you can amend your response(s) as appropriate and re-submit your submission to us.
25. Once you have completed the update answers process, we will contact you by email from info@crowncommercial.gov.uk to confirm approval of the requested change and to advise that your status is in the 'Agreeing' stage. If there is an issue with your proposed change(s) which cannot be rectified within fifteen (15) working days, we will 'reject' your DPS updated submission as an interim measure whilst any necessary further actions are undertaken. Once any issues have been resolved you are then required to complete an electronic sign off within the SRS portal as directed.
26. Following completion of the above, your most recent updated responses will be reflected on the system and your status will revert to 'Appointed'.
Answered
20/05/2025 12:39
76. With the pricing schedules, please confirm if supplier personnel relates to a number or a profession?
Supplier personnel refers to profession. Where a voucher is being supplied please specify in the pricing schedule if this is N/A with commentary for buyer clarity
Answered
29/05/2025 15:55
75. With the pricing schedules, please confirm if the Quantity (number of treatments) in Table 1 relates to treatments per year, per contract lifetime, or per buyer order?
We would expect for eye care vouchers this to be per buyer order, however please specify which method you are using when completing the table for buyer clarity.
Answered
29/05/2025 15:55
74. We are completing the pricing schedules. In the DSE Eyesight Tests schedule, Table 2 is listed as mandatory but asks for a breakdown of "costs directly related to the training provision". No training provision is offered with eyesight tests so please advise how we should fill this out?
This is an error and should read "costs directly related to the treatment/service provision"
Answered
29/05/2025 15:54
73. Schedule 9 refers to an "initial Security Management Plan set out in Annex 2", but Annex 2 is blank. Please could this be shared?
Supplier is to provide their Security Plan in Annex 2 as stated in Schedule 9: the Supplier's security management plan prepared pursuant to this Schedule, a draft of which has been provided by the Supplier to the Buyer and as updated from time to time
Answered
20/05/2025 12:17
72. Please confirm if the timeframes given in Schedule 9, Security, will be negotiable with each Buyer?
DPS Schedule 9 - Security is an optional schedule for the Contracting Authority to use.
The security management plan and subsequent timescales are to be agreed between buyer and supplier.
Answered
29/05/2025 15:54
70. Please could the CCS confirm when Schedule 6 ICT Services would be applicable? We cannot see that it would be required for suppliers providing eyecare evoucher solutions only.
Schedule 6 ICT Services are part of the Terms and Conditions. However, it is for the Contracting Authority to remove any optional schedules that are highlighted in yellow in the order form which Schedule 6 ICT Services is included in, depending on their own requirements.
Answered
20/05/2025 12:13
69. Please confirm that any CCS enquiries under clause 31,4/clause 31 generally shall go direct through Supplier Tax Team first rather than directly to individual Supplier Staff/ workers and that it shall be for the Supplier to disclose any potential errors/underpayments of tax directly to HMRC, rather than the CCS.
CCS would make initial contact via the usual point of contact within the supplier organisation to understand the appropriate person and contact details for the relevant person. Any errors or underpayments would need to be reported directly to HMRC, but CCS would also expect to be informed.
Answered
29/05/2025 15:53
68. We only intend to offer eyecare vouchers under this contract. With regard to the DPS Core Terms, as throughout the bid pack, please confirm that the definition/scope of supplier staff is limited to only those managers and staff involved in the sale of eyecare vouchers/involved in managing this DPS contract?
Supplier staff will relate to an individual who is employed or engaged in any part of the provision of the deliverables of the contract.
Answered
14/05/2025 16:09
66. The Core Terms section 4, Pricing, states that all charges are VAT exclusive, but this would not apply where suppliers are only providing e-vouchers for eyecare services. In this case, suppliers charge a price for the voucher and there is no VAT on the invoice raised. When the voucher is redeemed, the employee can request the receipt which will show any VAT element on the goods and services, and this is what the Buyer will need to use to reclaim any VAT. No VAT is charged in excess of the prices paid when the Buyer orders the EVoucher. Please confirm this clarification is acceptable where VAT exclusive is stated.
This is acceptable.
If VAT is not applicable, this will need to be made clear in your pricing and to buyers
Answered
20/05/2025 12:32
65. Please confirm the following special term can be agreed for any Call Off: "Supplier agrees to grants to the Buyer a license to use/make use of the Deliverables as long as such use consists of private use by the Buyer's employees . Supplier agrees for the Buyer owning any New IPR created under a Contract as long as this is limited to the Goods (which is defined as the e-vouchers). If there is an IPR Claim, Supplier is fine to proceed in accordance with clauses 9.5 and 9.6 of the Core Terms, provided that the IPR Claim does not originate in any Existing IPR of CCS and/or the Buyer."
Standard terms and conditions of the Public Sector Contract apply and are not to be changed at DPS level. If a customer agrees to changes at call off stage, that is to be agreed between supplier and buyer.
Answered
29/05/2025 15:52
64. With regard to the DPS Order Schedule 18, please confirm that the definition/scope of key staff is limited to only those managers and staff involved in the sale of the vouchers/involved in managing this contract
Supplier staff will relate to an individual who is employed or engaged in any part of the provision of the deliverables of the contract.
Answered
14/05/2025 16:08
63. With regard to Schedule 18, please could a definition of "inappropriate record" be provided?
"Inappropriate record" may include criminal activity, a criminal record, etc where a conviction or sentence may not have occurred. This will relate to any "relevant conviction" listed by the buyer. This schedule is optional for buyers to include.
Answered
14/05/2025 16:07
62. With regard to Schedule 18, please could a definition of "Relevant Conviction" be provided?
"Relevant conviction" will be determined by the customer, depending on organisation/sector type as applicable. This schedule is optional for buyers to include.
Answered
14/05/2025 16:06
61. The DPS Needs documents states that TUPE may apply. Could the CCS please confirm why the Government considers TUPE may apply in this scenario?
Please refer to point 85. in 'RM6296- DPS NEEDS'
85. It is your responsibility to take your own advice and consider whether TUPE is likely to apply in the particular circumstances of the contract and to act accordingly, you are therefore encouraged to carry out your own due diligence exercise.
Answered
20/05/2025 12:11
60. With regard to Schedule 5, Paragraph 3.1.8, please confirm if our organisational annual modern slavery report will suffice here, or would a separate specific report be expected?
An annual modern slavery report will suffice, provided the report has been reviewed and updated annually, and the review date visible to confirm that it has been reviewed/updated as applicable.
Answered
14/05/2025 16:06
59. We are trying to join RM6296 OH DPS, and have registered on the SRS. However, we cannot seem to access the SQ or DPSQ. Lastly, the Bid Pack 1 does not appear to have the Quick Guide.
The SQ and DPSQ are completed through the system. If you are having issues accessing any part of the application or any other technical issues, please contact support@nqc.com. If you are unable to see the quick guide, this is also available through our website: https://www.crowncommercial.gov.uk/agreements/RM6296
Answered
14/05/2025 16:05
58. We would view ourselves as a data processor when issuing eyecare vouchers, rather than joint controller. Please confirm that this is acceptable to the CCS.
Please refer to DPS Joint Schedule 11 - Processing Data. This is for the Contracting Authority to decide at call off which option of processing data will best suit their requirements. There is an option for Data Processor, Data Controller, Joint Controller and also independent Controller but this is for the Contracting Authority to discuss with the supplier, however the final decision shall be with the Relevant Authority at its absolute discretion.
Answered
20/05/2025 12:10
57. With regard to the Core Terms schedule, Clause 9, please advise who our existing IPR would be sub-licensed to? We do not believe the license should be perpetual. How does the CCS envisage the licence ending when it is irrevocable and perpetual?
Standard terms and conditions under the DPS are part of the Public Sector Contract, this won't be amended at agreement level.
As stated in DPS Core Terms:
Each Party keeps ownership of its own Existing IPRs. The Supplier gives the Buyer a non-exclusive,
perpetual, royalty-free, irrevocable, transferable worldwide licence to use, change and sub-license the
Supplier's Existing IPR to enable it to both:
(a) receive and use the Deliverables; and
(b) make use of the deliverables provided by a Replacement Supplier
Therefore, this is agreed between the Supplier and Contracting Authority.
Answered
29/05/2025 15:51
56. In relation to Schedule 10 (Exit Management) please confirm the following can be agreed at call-off between the Buyer and Supplier: • In relation to procuring that all licences for Third Party IPR and all Sub-Contracts shall be assignable and/or would be capable of novation at the CCS' request to the CCS and/or any replacement supplier it is acknowledged that bidder is unable to grant the Customer a better right than it has itself and that it will not be possible to gain agreement to the Open Sourcing or open publication of technology relating to commercially used software packages (e.g. Microsoft). • That disclosure of any of bidder's confidential information by the CCS to an actual or prospective replacement supplier or third party would require bidder's prior express consent. • That bidder is unable to confirm proposals in an Exit Plan for the assignment of all services utilised by the bidder in connection with the supply of the Goods and/or Services • That the following would not require CCS' consent: (i) bidder's termination, entering or variation of any subcontract or software licence (ii) bidder's modification or disposal of any existing assets or acquisition of new ones • That bidder's prior consent would be required in relation to any Transferable Contracts and/or Assets that were requested to be transferred, assigned or novated by the CCS to it and/or any replacement supplier. • That bidder's sale of any Transferring Assets to the CCS and/or replacement supplier shall be at bidder's discretion. • That bidder maybe unable to confirm: (i) Procurement of licences and/or sublicenses for the CCS and/or replacement supplier for continued use of any Exclusive Assets that are not Transferable Assets or any Non-Exclusive Assets; and/or (ii) assignment or procurement or the novation of the Transferring Contracts to the CCS and/or replacement supplier and/or hold them on trust for the CCS.
Any contract that is called off from the DPS is contractually between the end customer and supplier - CCS is not part of the end contract.
the template of the call off contract is a standard document which may be amended with customer agreement at the point of call off - documents and schedules are standardised and as such won't be changed at agreement level. Any changes will be for the customer to decide if they are happy to agree to
Answered
29/05/2025 15:51
