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Clarifications

There are 164 clarifications for this DPS

As a training provider would this be proof of our ROATP register for 179/180 below? We were wondering around what documentary evidence is sufficient alongside what certificates? Any additional clarification here would be really helpful. 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 How necessary is it to upload this document? Who will have access to this? just as our cash flow is not in the public domain we want to double check the importance of uploading this document to move forward with our application? Are there ever other documents that can be uploaded as an alternative? 185. Upload documentary evidence for cash flow for the most recent year of trading for the organisation
Following a review of the DPS Needs v4.0 in the RM6102 Dynamic Marketplace Needs bidpack, there are questions in the Selection Questionnaire that are not applicable for this RM6102- Apprenticeship Training Marketplace procurement. Questions 179 and 180 are not applicable as these questions are linked to Part 3: (Past Performance). Q150 - Q154. No response was required for question 150 to 154. Therefore, these questions can be disregarded.
Answered
Dec-12-2019 10:07
Good afternoon Is there a word limit for the generic prospectuses and the individual prospectuses?
I can confirm that within the Generic Prospectus section there is a word count of either 500 or 300 words, depending on the specific question. Within the individual prospectus questions for each standard/framework, there is a 300 word count available for users to include programme details and a 100 word limit for the 'state of readiness'. Under each question where there is a text box provided and a required answer, there will be a word count visible to users showing how many words are available when answering.
Answered
Dec-06-2019 10:30
We are potentially looking at using the apprenticeship framework, however all suppliers for the Cyber Security Technologist apprenticeship are registered as not providing End Point Assessments - Does this mean that they don't offer this service or they can't offer this service?
CCS can confirm that currently there are currently no suppliers providing Cyber security technologist - ST0124 - Level 4 end - point on the RM6102 DPS.
Answered
Dec-04-2019 11:39
Please can you clarify the following two points with regard to the CCS- Cabinet Office Supplier Registration Portal (for Digital Apprenticeship). 1. Do we need to complete the sections on End Point Assessments if we only provide these as part of our own integrated Degree Apprenticeships - ie we are not offering an EPA service for other delivery organisations? 2. There is an associated pricing matrix to complete for End Point Assessments. Again, is this required when the EPA is included as an element of our own Integrated Degree Apprenticeship?
Bidders are only required to complete the EPA requirements if you are offering these services to public sector buying organisations.
Answered
Dec-02-2019 09:52
Please can you confirm that "Attachment 7 DMP Schedule 4 Annexes 1 and 2 .v2.pdf" are the final terms that buyers should use to form a call off agreement with a supplier from the marketplace, and that this is the legally binding terms to be used between a buyer and the suppliers. The watermark "DRAFT" implies that this is not the final agreement.
The watermarked Attachment 7 DMP Schedule 4 Annexes 1 and 2 .v2.pdf" is for the purpose of the bid pack. For those suppliers who meet the selection criteria and become appointed to the DPS, they will accept the Terms and Conditions as part of the DPS Agreement sign off. Following which and as part of a buyer compeition, buyers will use 'Attachment 7 DMP Schedule 4 Annexes 1 and 2 .v2.pdf" non watermarked as part of the competitio/ award process, which wil become the legally binding agreement between the buyer and the supplier.
Answered
Dec-02-2019 09:33
Please can you confirm that "Dynamic Market Place Agreement V1 WATERMARKED.pdf" are the final terms that suppliers have agreed to join this marketplace and that this is the legally binding terms between CCS and the suppliers. The watermark "SAMPLE" implies that this is not the final agreement.
The Watermarked DPS Agreement is for information only. As part of the appointment process to the DPS for those suppliers who have successfully met the selection criteria and accepted the CCS Terms and Conditions, they will be presented with a non watermarked DPS Agreement which the supplier(s) should download and retain. This will be the legally binding contract between CCS and the supplier.
Answered
Dec-02-2019 09:32
Our legal advisor has asked the following clarification questions: Third Party IPR: As per clause 22.14 of the Call Off Terms, the Supplier shall procure that the Customer is granted a direct license in respect of any Third Party IPR on terms at least equivalent to those under which Supplier licenses its Background IP (including the right to assign/novate licences). If the Supplier cannot obtain for the Customer a Third Party IPR licence materially in accordance with the licence terms applying to its Background IPR, the Supplier shall: (a) notify the Customer in writing giving details of what licence terms can be obtained from the relevant third party and whether there are alternative providers which the Supplier could seek to use; and (b) only use such Third Party IPR if the Customer Approves the terms of the licence from the relevant third party. Questions: - What assurance do we have that CCS/Call Off Customer will approve the Third Party IPR license terms? - Is it possible for CCS to pre-agree these terms as part of the Framework submission? - Suppliers' operations are generally dependent on using some elements of Third Party IPR. If, at the stage of a direct award of a Call Off Contract, the Customer does not approve the Third Party IPR license terms, will the Supplier be deemed to be in breach of the Call Off Contract and/or Framework Agreement giving the right to the Customer to terminate?
CCS is not able to give any assurances as to the actions or behaviour of any Customer. CCS is not able to make any agreement on behalf of any Customer. CCS are not able to give advice on the legal effect of any clauses. You should take your own legal advice on the effect of the clause."
Answered
Dec-02-2019 09:28
Our legal advisor has asked the following clarification question: 1) Supplier Background IPR: As per clause 22.5 of the Call Off Terms, the Supplier grants to the Customer a perpetual, royalty-free and non-exclusive licence to use the Supplier Background IPR for any purpose relating to the Goods and/or Services (or substantially equivalent goods and/or services) or for any purpose relating to the exercise of the Customer's (or, if the Customer is a Central Government Body, any other Central Government Body's) business or function. Furthermore, according to clause 22.9 (a) of the Call Off Terms the Customer has the right to sublicense the above license to a third party (including a Replacement Supplier) for the same as above purposes. Finally, as per clause 22.11 of the Call Off Terms, the Customer may assign, novate or otherwise transfer its rights and obligations under the licence granted above to: a) a Central Government Body; or b) to any body (including any private sector body) which performs or carries on any of the functions and/or activities that previously had been performed and/or carried on by the Customer. Supplier Background IPR is defined in Contract Schedule 1 (Definitions) as the IPRs owned by the Supplier before the Contract Commencement Date and/or created by the Supplier independently of the Call Off Contract. Question: As the above provisions are currently drafted, the Supplier shall have to provide a perpetual, royalty free license to all its IP created before or independently of the applicable Call Off Contract, including the Supplier's software (even if such IP is irrelevant to the Project Specific IPR) to the Customer, any Central Government or private sector body and/or a Replacement Supplier (who may well be a competitor of the Supplier) for purposes which in a particular case may be irrelevant to the use of the Project Specific IPR (i.e. for any purpose relating to the exercise of the Customer's business or function). Please confirm if this is the intent of the said provisions and, if not, whether the said provisions will be amended to provide a more balanced approach to the protection of both parties' interests?
CCS is not able to give advice on the legal effect of any clauses. You should take your own legal advice on the effect of the clause. This DPS went live on 30 April 2019 and suppliers have already entered into the DPS Agreement on the published terms. As a result, CCS is not able to make substantial changes to the DPS Agreement."
Answered
Dec-02-2019 09:27
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.
CCS have contacted NQC support team and have asked them to contact you directly to assist you in moving forward with this query.
Answered
Nov-22-2019 14:58
I refer to answers given on 23 October to the question regarding Sch 5 para 2.4.6, reference to the Regulations and Guidance. the answers given are blank. Can you please clarify your response? In particular, can you make available the Regulations and Guidance or delete the reference to them in the framework agreement? Thank you.
The Regulations relates to the Public Contract Regulations 2015 and Guidance is defined at Clause 1.1 of DMP Schedule 5 and states ' any guidance issued or updated by the Authority from time to time in relation to the Regulations'.
Answered
Nov-22-2019 14:41
Previously, we asked two clarification questions with reference to Sch 5 para 2.4.6, asking that you make available the Regulations and Guidance and to clarify whether this would apply to both Rapid Award Contracts and Standard Award Contracts. Your responses to both questions are a single full stop, date stamped respectively as "Answered Oct-23-2019 16:17" and Answered Oct-23-2019 15:54 Can you please review your responses and provide us with the complete answers to our questions?
Apologies relating to the error with the answer appearing as a fullstop. This has been rectified and the answer to the question is:- The Regulations relates to the Public Contract Regulations 2015 and Guidance is defined at Clause 1.1 of DMP Schedule 5 and states ' any guidance issued or updated by the Authority from time to time in relation to the Regulations'.
Answered
Nov-22-2019 14:39
Hello, Please could you clarify the following points: 1. Attachment 2 Management Information (MI) Reporting Template - Do we need to complete this as part of the submission? 2. Attachment 3 Financial Assessment Template - We have provided our audited accounts for the last two years. Does this mean we are exempt from completing the financial assessment template? 3. SQ Evidence Submission Queries - Do we need to provide the attachments for sections below for our submission to be compliant? o 177. Upload documentary evidence to support your commitment to developing and investing in skills, development and apprenticeships o 178. Upload documentary evidence to demonstrate the process that ensures your supply chain supports skills, development and apprenticeships in line with PPN 14/15 o 179. Upload documentary evidence for a list of relevant principal contracts for goods and/or services provided in the last three years o 180. Upload documentary evidence for a certificate for each principal contract for goods and/or services provided in the last three years Thank You.
"1) Attachment 2 - Management Information (MI) Reporting template is not required to be completed as part of the DPS application. This is the template that will be used by Appointed Suppliers to return to CCS on a monthly basis as stated in DPS Schedule 8 - DMP Management of the Dynamic Marketplace Agreement. 2) Attachment 3 - the Financial Assessment Template is for information only, as this is what will be used by CCS to conduct further enquiries if you fall below the required minimum financial threshold of 35 as stated in section 8 - Part 3 - Economic and Financial Standing of the 'READ FIRST RM6102 Dynamic Marketplace Needs v4.0'. 3) The evidence submission questions do not need to be completed at point of submission to be compliant, with the exception of Q Question 177 - xxxx Question 178 - xxxxx Question 179 - is a not required question, so you do not need to upload any supporting evidence to this question. Question 180 - is a not required question, so you do not need to upload any supporting evidence to this question."
Answered
Nov-20-2019 08:28
Hello, I hope you are doing well. Please can you clarify what type of quality assurance report is required to be uploaded as part of the answer for question 86 of the Generic Apprenticeship Prospectus Template?
These are reviews conducted by the Quality Assurance Agency https://www.qaa.ac.uk/ and relate to those providers delivering Higher Education only.
Answered
Nov-04-2019 13:14
3.2.2 / 4.4 Where we have a large client base, we need to organise audit requirements accordingly. Please allow for prior notice period of at least 10 days.
CCS can confirm this is a standard clause and will remain unchanged.
Answered
Oct-24-2019 14:14
18.5 (b) Key Sub-Contract "Our IT Service providers (suppliers) can fall under the definition of Key Sub Contractors. As we have a large client base, we propose changing this to notification (rather than consent) with an opportunity to object within 30 days. Working on individual consent is not always practical."
CCS can confirm this is a standard clause and will remain unchanged.
Answered
Oct-24-2019 14:13
"We note that the 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. Is the CCS able to confirm whether there is any scope for Gen2 to agree for the inclusion of an initial minimum term, prior to its entering into any Contract? We are concerned about Gen2 in future diverting and ring-fencing its resources for a particular Contract, to the potential detriment of its other business, only for the Contract to then be terminated by a Customer early due to no fault of Gen2's. "
CCS can confirm this is a standard clause and will remain unchanged.
Answered
Oct-24-2019 14:07
"Is the CCS able to clarify to what extent a 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. "
Can you please confirm the exact clause for which you are referencing to enable CCS to further review.
Answered
Oct-24-2019 14:06
"Noting that suppliers shall be given the opportunity to notify a Customer of their unwillingness to tender for a Contract on receipt of an invitation to tender using the "Standard Award Procedure, is the CCS able to clarify whether, under Schedule 5 to the DMP Agreement, suppliers will be able to refuse any Contract awarded to them by a Customer (i.e. on receiving a signed order form from the Customer) under the "Rapid Award Procedure", or whether they shall be bound to accept such Contract under the DMP Agreement.
You are referred to the answer provided on 27 June and the CCS view on the scope of the data protection obligations. It is CCS' view that there is a discretion within the Contract terms for the parties to draw up a data controller / data processor or joint controller agreement. you should take your own advice on the nature of any such agreement.
Answered
Oct-24-2019 14:04
I can find no mention of a minimum level of economic and financial standing and/or minimum financial threshold specified within the evaluation criteria for this procurement to be able to answer question 129 - can I leave this unanswered?
You are referred to a previously answered question (63) - The financial threshold score for the RM6102 Apprenticeships Training Dynamic Marketplace is 35. Please refer to (section 8 - Economic and Financial Standing) of the DPS Needs document within the bid pack for further information regarding financial requirements/ guidance to support the RM6018 Apprenticeships Training Dynamic Marketplace.
Answered
Oct-24-2019 14:03
Is Cyber Essentials essential? We don't currently hold it, but will be working towards it in the not too distant future.
You are referred to a previously answered question (11) - CCS can confirm that suppliers will fail the SQ in the event that they are unable to provide a copy of their cyber certificate as detailed in the DMP Agreement (Clause 9). In the event suppliers do not have cyber certification, they are able to join the DPS at any time once the appropriate cyber certification has been achieved and can be evidenced.
Answered
Oct-24-2019 14:02
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