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Gigabit Capable Connectivity DPS

Clarifications

There are 45 clarifications for this DPS

6. We note that Suppliers are asked to confirm acceptance of the Terms and Conditions unreservedly and without amendment. Having examined the Terms and Conditions in Attachment 7 associated with the RM6095 framework, some of the requirements seem incompatible with the supply of major passive infrastructure projects it is designed to address. Is there scope within the RM6095 framework mechanism to amend the Terms and Conditions with individual buyers where dark fibre is the requirement? Alternatively, would CCS consider altering the terms in Attachment 7 based on feedback you receive from prospective Suppliers? We applaud the introduction of the Framework but there are different implications for Buyers and Suppliers under an order for 10 active circuits compared to a procurement for 500 dark fibre circuits. As a practical example, clause 10.3.12 states that 'Each Buyer has the right to terminate their Order Contract at any time without reason or liability by giving the Supplier not less than 90 days' written notice'. This might be an acceptable risk for a small value contract but where there has significant capital deployed for an extensive dark fibre rollout a Supplier might incur millions of pounds of costs only for a Buyer to terminate on 90 days' notice without needing to pay the Supplier for the remainder of the contract.
CCS will not enter into a process of commercial negotiation/dialogue with prospective suppliers seeking changes to the published DPS Agreement terms. While we will of course correct any obvious errors Suppliers are otherwise expected to accept the published terms as a precondition of entering into a DPS Agreement. With regard to the specific example raised, you should refer to Special Term 6 at Section 9 of the DPS Appointment Form. This amends Clause 10.3.2 of the Core Terms such that i) the minimum period of notice for no-fault termination can be set on a contract by contract basis, and ii) that Buyers will be liable for the Supplier's unavoidable losses arising.
Answered
04/10/2019 14:28
5. Will there be any supplier webinars around the application process?
We are holding a supplier webinar on Friday 11th October at 1.30pm. Please register at the link below https://crowncommercial.webex.com/crowncommercial/j.php?RGID=r41e2093da421d43deddc7a5a897dad8f
Answered
03/10/2019 14:28
4. Do you enter a catalogue entry? Is there a standstill period? Do buyers have the opportunity to direct award, or is it solely by further competition? With regards to the management charge- how much will the levy be?
1) CCS can confirm a catalogue does not apply to this DPS. 2) There is no standstill period for a DPS. A standstill period however may be implemented as part of a buyer competition derived from this DPS. 3) Direct Award is not permissable for a DPS, in accrodance with PCR2015. 4) As detailed in the 'Appointment Form' which can be accessed in the bid pack for RM6095, Attachment 7 - Part 2 Terms and Conditions - The Supplier will pay, excluding VAT, 1 % of all the Charges for the Deliverables invoiced to the Buyer relating to ongoing services (those services for which there is a recurring charge) and 0.25% for all Charges relating to the one-off installation of the fibre infrastructure.
Answered
27/09/2019 15:06
2. What is the final date for completion of the application?
CCS can confirm that the RM6095 DPS opportunity is open for its 48 month life time, meaning bidders can apply at any time during this period as detailed in the OJEU Contract Notice. Please refer to the DPS bid pack for further information to support this DPS and to assit your with the submission process should your organisation choose to apply.
Answered
26/09/2019 22:19
1. Good morning Could you please confirm if its a mandatory that suppliers are required to hold Cyber Essentials Plus. Thank you
CCS can confirm that it is a mandatory requirement to hold Cyber Essentials Basic certification, not Cyber Essentials Plus.
Answered
25/09/2019 11:49

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