Clarifications
There are 217 clarifications for this DPS
98. Hi, we submitted questions 80-83 on Monday of this week, do you know when we might receive a reply? we're keen to progress but just need further clarification on these points first. Many thanks.
Assuming you mean questions 90 - 93, these are currently being considered and we will provide answer in due course
Answered
16/09/2021 16:43
97. I'm aware that there are a few questions in the SQ that are not applicable. Is it possible to summarise all those Qs that are not applicable? Are Qs 144-147 applicable to the Communications Marketplace SQ?
Please refer to paragraph 72 of the DPS needs document in the bid pack for a list of the not applicable questions
Answered
24/09/2021 14:35
96. Please can you clarify what type of information you require for the two contract examples. Is it simply what we do for nominated clients or should we provide a campaign example?
CCS requires you to only submit two contract examples. You do not need to address all of the services you are registering for within the contract example. In response to questions 55 and 58 you are required to describe how the performance of the contract example you have provided demonstrates one or more of the services within the Communications Marketplace Agreement.
Answered
16/09/2021 16:38
95. Hi. I think that I've completed the SQ but I cannot see anywhere whether this has been successful in terms of our registration as a supplier. Can you please confirm and, if not yet successful, tell me what I need to do in order to complete it. I can't can find any help documents to assist me. Many thanks.
CCS can confirm that you have not yet completed your application to the DPS. You are able to access it from the 'profiles tab' on your supplier registration service dashboard.
Should you have further questions regarding the completion of your application, please contact the system service providers NQC for support. You can reach them via 'Contact Us' found in help at the top right corner of the system or emailing support@NQC.com
Answered
21/09/2021 11:18
94. For the DPSQ questions 115-121, do you require the registered office address or the trading address please?
Please provide your registered address as per companies house
Answered
22/09/2021 11:10
93. For the Standard Selection Questionnaire, can you please confirm for questions 4 and 104, if the address you require is our registered office address, or our trading address?
CCS can confirm that your registered office address is required at questions 4 and 104
Answered
16/09/2021 16:21
92. It appears that the liability caps do not apply to any of the indemnities (other than a specific data protection liability cap). We would not usually accept uncapped liability as that would put the Agency at risk for unlimited amounts. Please could a liability cap be included, in the 'Core Terms RM6124' document, in respect of the indemnities. Many thanks
Please see clause 11 for more information on liability caps
Answered
22/09/2021 12:17
91. We understand that any New IP created under a Contract will be owned by CCA/Client, however we would usually expect this to be subject to CCS/Client making payment for the services under the agreement. This does not appear to be the case here so please could some wording be included in the 'Core Terms RM6124' document to reflect this. Many thanks.
Please refer to clauses 4.4, specifically 4.4 (b)
Answered
22/09/2021 12:16
90. 2.In respect of termination provisions in the 'Core Terms RM6124' document, please could you provide clarification as to: (i) whether the Agency would have to repay any and all charges CCS/Client have paid in advance for the goods/services (not provided by the Agency) if CCS/client terminates 'for convenience'; and (ii) whether CCS can suspend an agreement 'for convenience' and then provide goods/services itself or buy them from a third party. Many thanks.
Please refer to clauses 10.4, 10.5 and 10.6
Answered
22/09/2021 12:13
89. There are various obligations which could spill into other areas of the Agency business. Please could you provide clarification that the rights and obligations of the Agency as a party to the agreement (and its liability to CCS/Client) does not extend beyond the name that the Agency is trading as (as identified in the DPS Appointment Form) unless explicitly and separately identified.
CCS can confirm that the obligations are only relevant for services provided to clients through this agreement and in line with the terms and conditions of this DPS
Answered
22/09/2021 11:08
88. Would we fail if we were to answer no to this question: Do you have a process in place to ensure that your supply chain supports skills, development and apprenticeships in line with PPN 14/15 and can provide evidence if requested?
Apologies for the delay in responding to your question.
CCS can confirm that responding 'No' to this question will not result in your application being rejected
Answered
07/10/2021 13:12
87. We are a B2B agency looking to break into the public sector. We believe that we can apply to join the DPS at any time and would like to evaluate the opportunities before applying. Where can they be viewed?
Organisations that can supply the services of the Communications Marketplace DPS can register as such on the supplier registration system.
The DPS was created to provide central government and wider public sector organisations a route to procure against a wide range of marketping and communication services. You will find a full list on page 202 of attachment 6 in the Communications Marketplace bidpack found here;
https://supplierregistration.cabinetoffice.gov.uk/dps#research
As the DPS is a route to procure, CCS do not manage all tenders on the platform, and are at the discretion of buying organisations who choose to use the DPS.
To learn more please read RM6124 Communications Marketplace Buyer Needs_v1.0.pdf in the bidpack.
Answered
14/09/2021 09:19
86. Question 54 asks us to provide details of an example contract with a client that is relevant to this tender application. Where we work with a client across multiple projects, are we able to provide a description of our full remit and the capabilities we provide for them, or do we have to focus on a single project we have delivered for them?
CCS can confirm that you should provide evidence for a single contract that you have delivered that is relevant to the scope and scale of this DPS
Answered
16/09/2021 16:30
85. The contract examples we wish to use are ongoing. What would you recommend we put for 'Contract Completion Date'?
CCS can confirm that the works described in the contract example must have concluded and have an end date in order to be considered
Answered
16/09/2021 16:31
84. We have a few clarifications in relation to the core terms of this Marketplace:
- In Section 8 part 8.3 (a) please can you explain what is meant by 'wilful misconduct of the Agency, Subcontractor and Supplier Staff that impacts the Contract; ' and give as an example of what this could be?
- In section 10 part 10.6.1 (a) "(a)The Client's payment obligations under the terminated Contract stop immediately" can we clarify that the agency will be paid for work already done in accordance with the contract in the event of any termination by either party.
- In section 10 part 10.6.2 "10.6.1In addition to the consequences of termination listed in Clause 10.6.1, where the Relevant Authority terminates a Contract under Clause 10.4.1 the Agency is also responsible for the Relevant Authority's reasonable costs of procuring Replacement Goods or Services for the rest of the Contract Period." Can we clarify if this means the cost of the procurement exercise?
We have answered your 3 clarification questions below:
1. There are numerous definitions of wilful misconduct but we effectively are referring to the deliberate act or omission of what is expected of an agency in fulfilling their contractual obligations. Please also seek your own legal advice on this.
2. It depends on the reason for the termination as to whether or not the agency will be paid for work already undertaken - please seek your own legal advice.
3. It could include the Relevant Authorities procurement costs to procure the services needed due to termination - it depends on the circumstances of the termination - we suggest you seek your own legal advice.
Answered
14/09/2021 09:13
83. If we submit our response on 17th September, how soon would we know if we were included on the DPS?
If your application meets all requirements then you will automatically enter the agreeing stage where you will be notified to login and accept the terms and conditions of the DPS agreement. If there are any issues with your application then it will enter the Assessing stage where CCS will contact you to resolve.
Answered
15/09/2021 10:11
82. For both questions 4 and 104, please can you clarify if you require the registered office address or the trading address?
CCS can confirm that your regitered office address is required at questions 4 and 104
Answered
16/09/2021 16:32
81. In a previous answer, it was stated that: 'CCS is in the process of updating the DPS Questionnaire to reflect the fact that we will accept ISO27001.' - we could not see any reference to this in the DPS questionnaire that we completed. Please confirm what will happen, or if we should await contact to then provide that evidence?
If you do not have Cyber Essentials basic or plus and instead intend to use ISO27001 as an alternative, please answer No to the Cyber questions and at the assessment stage you will be contacted to provide proof of ISO27001 instead.
Answered
14/09/2021 09:17
80. Is it possible to have two different business profiles setup on the Marketplace if we share the same DUNS number? The reason is that we are part of a Group that is ultimately one business entity under one DUNS number, but we have different offers within our Group and would like to setup two different profiles in order to reflect the respective specialisms we offer.
A single entity, ie, a single DUNs number, cannot be assigned to multiple accounts on the Marketplace
Answered
16/09/2021 16:33
79. If the contract is ongoing (without a completion date) what date do we enter in response to Q 54 please?
CCS can confirm that the works described in the contract example must have concluded and have an end date in order to be considered
Answered
16/09/2021 16:35
