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Spark DPS

Clarifications

There are 129 clarifications for this DPS

119. In the call-of-contract (schedule 4 of the bid pack), section 35.6.1 indicates that supplier is always a processor, which can't always be the case. Should it say for "personal data provided by the Authority"? The definition for the "Customer's Confidential Information" says "all Personal Data". However, we do not understand how this can be the case if the personal data is the Supplier's.
The clause is worded correctly. However in a situation where the processor/controller are different the customer could use additional terms to support this.
Answered
09/09/2021 14:23
118. In the call-of-contract (schedule 4 of the bid pack) in relation to section 34.10 (Escrow). What happens if there is no source code to be provided as part of the service? This section doesn't seem to clarify that it only applies where relevant. Please clarify.
Whether there is IPR to be subject to escrow can be decided between the customer and supplier when the call-off is signed.
Answered
09/09/2021 14:24
117. In the DPS Agreement, the definition for "Sub-Contract" includes "provides facilities or services necessary for the provision of the Goods and/or Services." If the Supplier uses cloud computing resources such as AWS can you clarify whether that would not constitute a Sub-Contract situation?
Yes, that would qualify as a sub-contract and should be declared as such.
Answered
09/09/2021 14:24
116. In the DPS Agreement, section 25.2.2 says "Process Cyber Essentials Data", can you explain what that means?
This would include data that is usually covered by the Cyber Essentials scheme. Further information can be found in this PPN: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/526200/ppn_update_cyber_essentials_0914.pdf
Answered
09/09/2021 14:24
115. In the DPS Agreement, please clarify whether 27.4 in general only applies to situations where the Supplier are a data processor on behalf of the CCS, i.e. not where the Supplier are a controller in their right.
This is correct.
Answered
09/09/2021 14:25
114. In the DPS Agreement, section 27.4.1 says that the only processing the Supplier is authorised to do is listed in Schedule 22. Could you provide a version of Schedule 22 populated as it will be for the version that will be signed such that we can review it?
At a DPS agreement level it is unlikely the supplier will actually process data on behalf of the Authority and so completing Schedule 22 prior to signing the agreement is unnecessary.
Answered
09/09/2021 14:25
113. In the DPS Agreement, schedule 2, section 3.2 (Standards) lists a number of ISO Standards. Can you clarify if it is a requirement for the Supplier to have certifications under those standards to a) enter the spark scheme b) at the point which the Supplier is awarded a call-off-contract c) never?
The standards listed in section 3.2 are required to enter the Spark Scheme.
Answered
09/09/2021 14:26
112. We are a start up and as such, do not have a current contract. However, we do have a completed project funded through Innovate UK and signed off. Will this suffice for the contract example - otherwise how can a start up that fits with disruptive technology actually be able to participate?
Yes, a completed project with Innovate UK does qualify as a contract example.
Answered
09/09/2021 14:28
111. Good Morning. Please can you advise how long (typically) the timeframe is between a bidder submitting an application, having their application reviewed/accepted and then appointed to the DPS?
As per the DPS Needs document located within the associated bid pack, CCS will assess a bidders application within 10 working days, extended to 15 working days in the event additional information is required.
Answered
09/09/2021 14:31
110. Good Morning, Can you confirm that if a bidder applies to be appointed onto the DPS and for whatever reason, that application is declined, the bidder can re-apply if they are able to remedy the reasons for the initial rejection?
The DPS will remain open at all times, and bidders are free to reapply at their own convenience. In the event an application is rejected, further information as to why and instructions for remedial action will be provided.
Answered
09/09/2021 14:33
109. Relating to questions 179 and 180, what is meant by a "relevant principal contract" and what documentary evidence/certificates are required for each?
In order to successfully supply to Spark you need to provide evidence of an existing contract with a customer in the last 18 months. This is the "Relevant Principle Contract". This will also need a supporting statement from the customer demonstrating successful delivery of the contract.
Answered
09/09/2021 14:34
108. We are in the process of applying for the SPARK DPS. Showing under the first submittal there is now a stage called SQ Evidence Submission which is asking for financial information. I used the Live Chat function to obtain some guidance as we can provided accounts for the last two years but there is nowhere to submit this information on the SQ Evidence Submission provided. I've also been told during the Live Chat session that we don't need to submit this information which I'm not sure is correct from reading the DPS requirements. Can you confirm if the financial information is required at this stage and how we can provide the required information.
CCS can confirm the Evidence Submission Section is non mandatory, however bidders are encouraged to upload to the relevant sub sections where possible. Financial information will only be required in the event the financial threshold, as set out in the DPS Needs document contained within the associated bid pack, has not been met at the time of submission.
Answered
09/09/2021 14:36
107. Q. 130-131 refer to the parent company (specifically accounts and providing guarantees). If we do not have a parent company, does this then refer to the organisation applying or is the question non-applicable and we answer no?
CCS can confirm that, in the event the bidding organisation does not fall underneath a parent or ultimate parent company, this question is not applicable and bidders are advised to select "no".
Answered
09/09/2021 14:39
106. What is the minimum level of economic and financial standing and/or minimum financial threshold for the Spark DPS? Is it the DUNS financial threshold score of 60? If so, how do we find out if we meet this?
CCS can confirm that, as per the DPS Needs document contained within the associated bid pack, the threshold score of 60 is provided by Dunn and Bradstreet. Bidders will be notified by CCS in the event they fall below this threshold, and no action is required until this point.
Answered
09/09/2021 14:39
105. We intend to be the lead submitter of a Group of Economic Operators so for questions in the SQ such as 'Please indicate if, within the past five years you, your organisation or any other person who has powers of representation, decision or control in the organisation has been convicted anywhere in the world of: Participation in a criminal organisation', should the response be on behalf of lead submitter alone or all members of the Group?
This should be for all members of the Group.
Answered
09/09/2021 14:40
104. Please can you advise how if its possible to get hold of a work version of the contract terms and condition for a research procurement? Many thanks
This is not something that we make available.
Answered
09/09/2021 15:03
102. A potential new suppler and I've completed the CCS questionnaire before reading the Needs document and answered a question incorrectly. When going to the SPARK questionnaire I'm unable to go back and edit the Answers in the general CCS submitted questionnaire . Help appreciated.
CCS can confirm that once an application has been assessed, bidders are able to amend their application via the SRS Dashboard and submit for re-evaluation at any point.
Answered
09/09/2021 15:04
101. We have a question regarding question 140 on the Selection Questionnaire for Spark. We are a French limited (SAS) company and our level of Employers Liability cover is 2m euros per year (correct & appropriate under French law), the rest is covered by individual insurance and social security. Therefore, our overall level is probably equivalent or perhaps above the UK 5m pounds required level. How do we assimilate this in question 140? Or do we have to raise our cover to meet 5m pounds UK threshold ? Thanks
If the supplier is based abroad and the employees work in that country, then the mandatory Employers Liability Insurance that CCS asks for is not required. However they will require the equivalent legal cover from their home country.
Answered
09/09/2021 15:05
100. Is the SPARK DPS open for new submissions?
The Spark DPS remains open for bidders to apply at all times.
Answered
09/09/2021 15:06
98. Hi - my DPS supplier questionnaire has completed but I didn't finalise the supporting information for the Contract Example? It won't let me edit my response now. Please can you help?
CCS can confirm that once an application has been assessed, bidders are able to amend their application via the SRS Dashboard and submit for re-evaluation.
Answered
09/09/2021 15:08

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