Clarifications
There are 77 clarifications for this DPS
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
55. With regard to the DPS Order Schedule 7 - Key Supplier Staff, 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?
Key supplier staff will relate to an individual who is employed or engaged in any part of the provision of the deliverables of the contract. As per Order Schedule 7, a buyer may identify further key roles throughout the life of the contract, but these will need to be agreed between the buyer and supplier before adding to the list of key staff.
Answered
20/05/2025 12:32
54. With regard to the documents "DPS Core Terms" and "Schedule 1, Definitions", please confirm that the definition of Goods and Services to be provided under the [agreement/s] will mean the provision by the bidder of eyecare vouchers through a portal to be redeemed for eyecare goods and services in the bidder's locations.
Please refer to DPS Schedule 1 - Specification to view the range of goods and services that can be procured through RM6296. Specifically for eyecare, please refer to 4.3.2.
Answered
20/05/2025 12:04
53. Please confirm whether the supplier and buyer will have flexibility to define their own requirements of Goods and Services at Call off stage, as long as this is within scope of the specification?
This would be down to the Contracting Authorities needs and any requirements specification is provided separate to the contract terms and order form. As long as all the information is provided to suppliers and the location of the requirements is communicated these will be added to Order Schedule 20 - Order Specification. This is normally populated when the Contracting Authority is finalising the contract terms. There is a section in the DPS Schedule 6 (Order Form Template and Order Schedules) which requires the buyer to complete if there are any deliverables outlined in Order Schedule.
Answered
20/05/2025 12:01
52. We note that the document entitled "DPS Schedule 1 (Specification) states that: "The Service shall provide a compliant route for the Buyers to procure an eyesight testing Service for Visual Display Unit (VDU) users that meets the Health and Safety (Display Screen Equipment) Regulations 1992 (as amended in 2002) and the provision of safety eye care Services for all of the Buyers' Personnel."
The service we would provide under the DPS is the supply of eyecare e-vouchers. Please can you clarify in relation to eyecare services that the following wording is acceptable for the DPS framework and all call off orders under it:
The definition of Goods and Services to be provided under the [agreement/s] shall mean the provision by the bidder of eyecare vouchers through a portal to be redeemed for eyecare goods and services in the bidder's locations.
Any wording you wish to have added or amended in DPS Schedule 1 should be agreed with buyers on an individual contract basis
Answered
20/05/2025 12:02
51. With regard to Joint Schedule 3 - Insurance Requirements, please confirm that "1.2.4 maintained for at least six (6) years after the End Date" refers only to professional indemnity?
This will include all insurance listed in the "Annex: Required Insurances" section of the schedule, along with any other required insurances requested by and agreed with the buyer.
Answered
14/05/2025 16:05
50. With regard to Joint Schedule 5 - Corporate Social Responsibility, please could the CCS clarify which buying standards within the shared link suppliers are asked to comply with: https://www.gov.uk/government/collections/sustainable-procurement-the-government-buying-standards-gbs
Buyers will determine which, if any, of the standards within the link are applicable to the contract and the deliverables under said contract and agree this with suppliers.
Answered
29/05/2025 15:50
49. Please could the CCS clarify when Schedule 24 would apply?
This schedule is optional and is for customers to determine if it is relevant to be included.
Answered
14/05/2025 16:04
