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Clarifications

There are 197 clarifications for this DPS

I'm completing the Selection Questionnaire - Services Provided, Q6a. If we need to edit the areas selected here to add to the selections, will we be able to do so at a future point? Thanks,
Please refer to the DPS Needs document, section referenced 'Updating Answers in the Selection Questionnaire' for full details of how to update your service offerings during and following appointment to the RM6018 Research Marketplace DPS.
Answered
Nov-13-2018 12:47
Could you possibly give us some comfort that concerns relating to the RM6018 Research Marketplace DPS could be agreed by the Customer and Supplier on a project-by-project basis?
CCS can confirm that customers project requirements will be determined by the customer at competition stage and will not include any material changes to the Contract terms in accordance with PCR2015.
Answered
Nov-08-2018 10:39
Can DPS Agreement and Contract Terms Intellectual Property Rights (IPR) Clauses be amended?
CCS can confirm that DPS Agreement and Contract Terms IPR clauses are standard term and will remain unchanged.
Answered
Nov-08-2018 10:38
Possible need for a Cyber Essentials Certificate / accredited system for carrying out the project (may involve cost/time).
In accordance with clause 7.55 - 7.57 of the DPS Agreement, suppliers are required to have in place cyber essentials basic certification by the award of their first contract under the DPS Agreement. Please refer to the link below for further information re obtgaining cyber essentials certification: https://www.cyberessentials.ncsc.gov.uk/getting-certified/ Customers will request copies of suppliers certificates prior to award of a contract under the DPS and in accordance with the obligations as set out in the DPS Agreement. If a supplier fails to provide the required certification, this may be deemed as a breach of contract and may result in a contract not being awarded.
Answered
Nov-08-2018 10:36
How the 1% management levy works in practice.
For further information in respect of 'Management Levy' Please refer to clause 6.1 - 6.9 of the DPS Agreement.
Answered
Nov-08-2018 10:35
We have now been asked to provide 2 customer referees so we need to choose relevant contracts/customers and seek permissions?
CCS can confirm the all bidders requesting to participate in the RM6018 Research Marketplace DPS, must complete Attachment 1a and 1b - Letter of Confirmation of Works to support the contract examples they provide as part of their Selection Questionnaire submission. CCS can confirm that this is a mandatory requirement for all bidders in accordance with the selection criteria for RM6018 Research Marketplace DPS.
Answered
Nov-08-2018 10:33
I know the question regarding the 'Cyber Essentials' has been asked before but we are still not clear on this. We fully understand that this certificate is essential to the process and it is needed in order to pitch for projects. But... if we do not posses one as yet but are in in the process of getting one .... can we answer 'no' to question 155 and still get through the process and be awarded a DPS agreement or will this hinder our chances of getting through the process? Thank you
CCS can confirm that your organisations application will not be rejected if you answer 'NO' to question 155. In accordance with clause 7.55 - 7.57 of the DPS Agreement, suppliers are required to have in place cyber essentials basic certification by the award of their first contract under the DPS Agreement. Please refer to the link below for further information re obtaining cyber essentials certification: https://www.cyberessentials.ncsc.gov.uk/getting-certified/ Customers will request copies of suppliers certificates prior to award of a contract under the DPS and in accordance with the obligations as set out in the DPS Agreement. If a supplier fails to provide the required certification, this may be deemed as a breach of contract and may result in a contract not being awarded.
Answered
Oct-26-2018 07:43
could you please clarify the selection of the CPV codes at question 3. are there standard ones to select for this questionnaire?
CCS can confirm there are no Research Marketplace DPS specific CPV codes, therefore suppliers should select the CPV codes relevant to their Organisations services/products.
Answered
Oct-25-2018 21:01
The DPS contract terms (Research) is essentially a service contract and the terms are not typical for University research collaborations. For instance, under the DPS Terms, any project intellectual property would be owned by the Customer, and the University would not be permitted to use results for further academic teaching and research purposes nor would the academic have the right to publicise the research. Other issues to be addressed when faced with Service contract terms include costing, indemnities and liabilities. Crown customers we have spoken to are seeking more typical research collaborations. Can alternative contract terms be used where the Customer requires a typical research collaboration?
CCS can confirm the Contract Terms contained within the bid pack for RM6018 Research Marketplace DPS, set out the approach for all government departments. The terms and conditions should therefore remain unchanged and/ or should not be replaced. Both suppliers and customers provide a legally binding electronic signature as part of the sign up process for the RM6018 Research Marketplace DPS, which includes compliance with the contract terms. Therefore, any such changes and/or replacement of the contract terms may be deemed as a breach of the terms and conditions and failure to comply with the Public Contract Regulations 2015.
Answered
Oct-15-2018 12:17
CCS may terminate this DPS Agreement for material Default at any time if; 1) A Customer terminates a Contract for the Supplier's breach of that Contract, 2) The Supplier is in breach of Clauses 7.55 - 7.57 (Cyber Essentials Scheme Condition), 3) Where the Parties fail to agree a variation in accordance with Clause 11.2 (Variation to the DPS), 4) Where an Management Levy default occurs when the Supplier is invoicing Customer and not reporting Management Levy. Please can you confirm whether a supplier would have a reasonable period of time in which to remedy any material breach before CCS terminate the agreement?
Please refer to clause 9.12.5 for reasonable time periods to remedy material defaults, which states if the Supplier commits a Default, including a material Default, which in the opinion of CCS is capable of remedy not remedied such Default to the satisfaction of CCS within twenty (20) Working Days (or such other period as may be specified by CCS) from the date CCS sent a written notice of Default to the Supplier.
Answered
Sep-13-2018 10:03
Termination for Financial Standing & Termination on Change of Control - CCS may terminate this DPR Agreement if in its opinion. Would we be able to amend this to, 'reasonable opinion'?
CCS can confirm that this is a standard term and will remain unchanged.
Answered
Sep-12-2018 14:44
CCS reserves the right to increase the Management Levy at any time after the first Contract Year. The Management Level will not increase by; 1) more than 0.5% in any one Contract Year, 2) more than 1.5% in total over the DPS period. Please could you confirm the level of Management Services which the supplier will receive in return for the Management Levy? Please can you confirm whether a supplier with a total FTE of c.40 would receive the same level of service, prominence and publicity of other suppliers in the framework?
CCS can confirm the management levy is only payable by suppliers on any work invoiced to customers during the life time of the DPS. Suppliers who are successfully awarded a DPS Agreement will be accessible to Government Departments via the DPS portal for selection based on their individual service requirements and will be invited to a competition.
Answered
Sep-12-2018 14:43
The Supplier agrees to pay CCS the 1% Management Levy on all Charges invoices to Customers throughout the duration of this DPS agreement. Please can you confirm that this levy would be chargeable on the retained revenue to the supplier, net of any of our third party costs?
CCS can confirm 1% levy is payable by the supplier on all Charges invoiced to Customers throughout the duration of this DPS Agreement.
Answered
Sep-12-2018 14:42
CCS (Crown Commercial Services) may decrease the duration of the DPS agreement at any time by giving the Supplier no less than three months written notice. Would this decision be taken unilaterally and completely at CCS's discretion? Would the circumstances of decreasing the duration of the DPS agreement only be in the situation when the supplier breaches the contract or enters insolvency?
CCS can confirm that any termination of a DPS Agreement would be undertaken in accordance with clause 9 - DPS Agreement Termination and Suspension of the DPS Agreement.
Answered
Sep-12-2018 14:42
Do I need Cyber Essentials Plus?
In accordance with clause 7.55 - 7.57 of the DPS Agreement, suppliers are required to have in place cyber essentials basic certification by the award of their first contract under the DPS Agreement. Please refer to the link below for further information re obtgaining cyber essentials certification: https://www.cyberessentials.ncsc.gov.uk/getting-certified/ Customers will request copies of suppliers certificates prior to award of a contract under the DPS and in accordance with the obligations as set out in the DPS Agreement. If a supplier fails to provide the required certification, this may be deemed as a breach of contract and may result in a contract not being awarded. Cyber Essentials plus is not required at this stage, however as part of a call for competition, customers may request for suppliers to have cyber essentials plus, which will be specified in the customers project Statement of Works.
Answered
Sep-11-2018 16:28
Is Employers Liability is required for a Limited Company with only one Director/employee who owns over 50% of shares?
CCS can confiirm that if you are a director of a limited company, own at least 50% of the shares, and have no other employees then you are not legally required to purchase employers liability cover. However if others are employed, including some sub contractors (typically labour only) then Employers Liability insurance is needed.
Answered
Sep-11-2018 16:28
Hi, I am trying to urgently register as a supplier on the RM portal, having already been registered on the CCS site for some time. Before going any further, I am being asked to accept the following: 5) Payment of Management Levy Confirm that you understand and will meet all of the obligations set out for the provision of Payment of Management Levy to CCS. However, I am unable to find any moer information on this levy either on the site or within the bid pack. Can you explain the obligation please which I am being requested to accept? The tele service operator on dialling the phone number was unable to help and suggested I contact yourselves. I would appreciate your assistance as soon as possible to enable my registration as we wish this to be complete by 7th August. With thanks and best wishes,
Good afternoon, for details on the management levy please refer to Paragraph 6 of document 'RM6018 - Research Marketplace DPS Agreement v1.0' within the bid pack.
Answered
Aug-03-2018 14:23
Can I confirm that the Selection Questionnaire just needs to be filled out once by the supplier and held on the system, or at every opportunity bid for by the supplier?
Good afternoon, CCS can confirm that the Selection Questionnaire for RM6018 Research Marketplace is required to be completed once and will be held on Supplier Registration Marketplace for the life time of the Research Marketplace DPS .
Answered
Aug-03-2018 13:58
Under the Contract, you indicate that we will be required to nominate a DPS Manager with overall responsibility for delivering the Services within the DPS Agreement. Given our structure and the range of activities carried out, we would not be able to identify any one person on an institutional level who would be in a position to assume overall DPS management responsibility. Would it be acceptable to you for the DPS Manager to be either a key contact working on specific projects, or more than one person, so that all areas can be covered?
CCS can confirm that suppliers are required to 'nominate a DPS Manager or an equivalent person with overall responsibility for delivering the services within the DPS agreement to ensure a single point of contact for DPS Agreement contract management purposes. The DPS Manager shall liaise with other key contacts within their supplier organisation to ensure visibility of all DPS related projects which will be captured as part of the Supplier Review Meetings in accordance with clause 2.4 of the DPS Agreement.
Answered
Jun-22-2018 10:06
Thanks for your response re my question "In the document Contract Terms Research Marketplace Dynamic Purchasing Systems, clause 23 Supplier Rights to Terminate, there doesn't appear to be any notice period given. Could you please advise what notice would need to be given." However, your reply refers to the notice which the Customer needs to give. We would like to know what notice the Supplier needs to provide, since this is not specified in the section which deals with Supplier termination. If this is the same 3 month period as the Customer, should this be included in the T&Cs at the relevant point?
CCS can confirm that the Supplier Rights to Terminate clause (23.7.7 of the Contract Terms) will be amended to include the following narrative and additional clause: 23.7.9 continued "this Contract shall then terminate on the date specified in the Termination Notice (which shall not be less than twenty (20) Working Days from the date of the issue of the Termination Notice), save that such right of termination shall not apply where the failure to pay is due to the Customer exercising its rights under this Contract including Clause 30 (Retention and Set off). 23.7.10 The Supplier shall not suspend the supply of the Goods and/or Services for failure of the Customer to pay undisputed sums of money (whether in whole or in part)." All appointed suppliers will be contacted by CCS and asked to insert the additional narrative and clause into their RM6018 - Contract Terms. The document entitled RM6018 Contract Terms will be amended and uploaded to the Bid Pack in the Supplier Registration Service (SRS) for the RM6018 Research Marketplace DPS.
Answered
Jun-20-2018 11:33
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