GOV.UK Clarifications
There are 129 clarifications for this DPS
91. In regards to Schedule 14 Insurance Requirements Annex 1 Part A, Proposed Amendment - Delete the words '& products' in the first line.
As a supplier we are providing services, so products liability insurance isn't relevant.
Due to the electronic nature of a DPS, Suppliers individual DPS Agreements are not tailored to each Supplier. Therefore the DPS Agreement you are presented with following appointment to RM3824 DPS, will include references not relevant to your organisation. However as you have noted this is not applicable to your organisation. CCS will therefore retain your response for audit purposes.
Answered
05/08/2019 11:28
90. With regard to Schedule 14 Insurance Requirements paragraph 5, Proposed Amendment - Delete this paragraph in its entirety and mark as "not used"
As a supplier we are unable to bind our insurers to the obligations in this clause where we are dealing with claims unrelated to this project.
CCS can confirm that these are standard Clauses and will remain unchanged.
Answered
05/08/2019 11:27
89. In regards to Schedule 14 Insurance Requirements paragraph 4.1 , Proposed Amendment - Delete the words "satisfactory to the Authority" in the second and third lines and replace with "of a broker's certificate".
Delete the final sentence.
As a supplier we are only able to provide broker's certificates as evidence of our insurances.
CCS can confirm that these are standard Clauses and will remain unchanged.
Answered
05/08/2019 11:25
88. In regards to Schedule 14 Insurance Requirements paragraph 1.4, Proposed Amendment - Remove the words "and products" in the first line.
As a supplier we are providing services, so products liability insurance isn't relevant.
Due to the electronic nature of a DPS, Suppliers individual DPS Agreements are not tailored to each Supplier. Therefore the DPS Agreement you are presented with following appointment to RM3824 DPS, will include references not relevant to your organisation. However as you have noted this is not applicable to your organisation. CCS will therefore retain your response for audit purposes.
Answered
05/08/2019 11:23
87. With regard to Schedule 13 Guarantee clause 16.1, Proposed Amendment - This should be amended to reflect the assignment provisions in the DPS.
The guarantor will not accept wider assignment provisions than those under the DPS.
CCS can confirm that these are standard Clauses and will remain unchanged.
Answered
05/08/2019 11:22
86. With regard to Schedule 13 Guarantee, Proposed Amendment - This schedule will require discussion as to the form if a PCG is required and particularly the primary obligor requirements.
We would welcome a discussion on the form of PCG if you consider it is required, as we will need sign off from our parent company as to the form, who do not accept primary obligor obligations.
CCS can confirm that these are standard Clauses and will remain unchanged.
Answered
05/08/2019 11:21
85. In regards to Schedule 2 - Goods and/or Services paragraph 4.7.6, 4.7.7 and 4.7.11, Proposed Amendment - Please delete these paragraphs and mark as 'not used'
We do not believe these are relevant to the services that we would provide as a supplier.
Due to the electronic nature of a DPS, Suppliers individual DPS Agreements are not tailored to each Supplier. Therefore the DPS Agreement you are presented with following appointment to RM3824 DPS, will include references not relevant to your organisation. However as you have noted this is not applicable to your organisation. CCS will therefore retain your response for audit purposes.
Answered
05/08/2019 11:19
84. In regards to Schedule 2 - Goods and/or Services paragraph 3.1.2, Proposed Amendment - Please delete Service 2, Service 3 and Service 4.
As a supplier we do not believe these are relevant to our bid.
Due to the electronic nature of a DPS, Suppliers individual DPS Agreements are not tailored to each Supplier. Therefore the DPS Agreement you are presented with following appointment to RM3824 DPS, will include reference to Service 2, Service 3 and Service 4. however as you have noted this is not applicable to your organisation. CCS will therefore retain your response for audit purposes.
Answered
05/08/2019 11:18
83. With Regard to Schedule 1 - Definitions Losses, Proposed Amendment - Please insert the words "direct and proven" before the word 'losses' in the first line.
We as a supplier wish to clarify that losses are only direct and only those that have been proven as valid.
CCS can confirm that these are standard Clauses and will remain unchanged.
Answered
05/08/2019 11:16
82. In regards to Schedule 1 - Definitions Sub-Contract and Sub-Contractor, Proposed Amendment - Please delete these definitions.
These appear to be duplicate definitions as Sub-Contract and Sub-Contractor are separately defined in more detail on page 62.
CCS can confirm that the error that you have identified will be amended and a new version will be uploaded in due course in the Bid Pack.
Answered
05/08/2019 11:15
81. In regards to Schedule 1 - Definitions Goods, Proposed Amendment - Please Delete Definition. Goods are not relevant to this contract.
The references to Goods throughout the DPS Agreeement and Contract Terms is reflective of the filter options for RM3824 which includes Goods and Services. Therefore such references will remain unchanged. Please note Contract Terms will be developed with the Customer at Competition stage meaning any non applicable references will be removed as part of this process.
Answered
05/08/2019 11:13
80. In regards to Schedule 1 - Definitions Dynamic Purchasing System, Proposed Amendment - Delete "Goods" and replace with "Services"
Typographical error.
The references to Goods throughout the DPS Agreeement and Contract Terms is reflective of the filter options for RM3824 which includes Goods and Services. Therefore such references will remain unchanged. Please note Contract Terms will be developed with the Customer at Competition stage meaning any non applicable references will be removed as part of this process.
Answered
05/08/2019 11:04
79. In regards to Schedule 1 - Definitions Good Industry Practice, Proposed Amendment - Please delete the words "prudence and foresight" from the third line of the definition and insert the word "reasonable" after 'degree' on the second line.
As a supplier we believe that the English law requirement for duty of care to be reasonable skill, care and diligence is more appropriate for this contract.
CCS can confirm that these are standard Clauses and will remain unchanged.
Answered
05/08/2019 11:03
78. In regards to Schedule 1 - Definitions Contract, Proposed Amendment - Please delete 'whether by (i) purchase of the goods or (ii) hire pursuant to a Rental Agreement.
Also remove all references to Rental Agreement
As goods and the rental agreement do not appear to be relevant to a services contract, we believe these should be deleted.
Due to the electronic nature of a DPS, Suppliers individual DPS Agreements are not tailored to each Supplier. Therefore the DPS Agreement you are presented with following appointment to RM3824 DPS, will include reference to 'whether by (i) purchase of the goods or (ii) hire pursuant to a Rental Agreement', however as you have noted this is not applicable to your organisation. CCS will therefore retain your response for audit purposes.
Answered
05/08/2019 11:01
77. In regards to Clause 33.2.1 paragraphs (j) - (p) and (s) to (cc), Proposed Amendment - These paragraphs should be further indented as subordinate to the clauses above.
Limbs (j) to (p) appear to be sub-clauses to limb (i) and likewise, limbs (s) to (cc) (current labelling) should be sub-clauses to limb (r). Without this further indentation the purpose of the clause does not work.
CCS can confirm that the formatting error that you have identified will be amended and a new version will be uploaded in due course in the Bid Pack.
Answered
05/08/2019 10:58
76. In regards to Clause 33.2.1(f) Termination on Material Default, Proposed Amendment - There is an 'Error! Reference Source not found' in this clause.
Please can you clarify the clause cross reference. Please also note, there are a number of other cross references in the document with this error message and it would be helpful to understand the correct clause references.
CCS can confirm that amendment to this clause will be implemented in due course and the amendment will state "the Authority conducts an assessment pursuant to
Clause 14. 2 and concludes that the Supplier has not demonstrated that it meets the Minimum Standards of Reliability;"
Answered
05/08/2019 10:57
75. In regards to Clause 31 and Schedule 14 Insurance, "Proposed Amendment - The minimum levels of insurances required need to be inserted.
As a supplier we have reviewed both the DPS and Contract and have been unable to locate the levels of insurance that you require for either the DPS or any Contract.
We note that there is a reference to Attachment 8 for levels of cover, but we have not seen this. "
The DPS Agreement levels of Insurance can be accessed in Attachment 7 Insurance Requirements of the Bid Pack. CCS are aware that Schedule 14 of the DPS Agreement incorrectly refers to Attachment 8 for levels of Insurance and will therefore be making appropriate amendments.
Answered
05/08/2019 10:54
74. In regards to Clause 27.4.4 Protection of Personal Data, as a supplier we may be utilising our complementary resource centre in India, which may require export of data outside of the EU. We would therefore like to discuss how the DPS can be amended to reflect approval for this.
Following appointment to the DPS Suppliers will be required to write to CCS at info@crowncommercial.gov.uk to obtain written approval in accordance with Clause 27.4.4 (d) in respect of exporting data outside of the EU.
Answered
05/08/2019 10:51
73. With regard to Clause 14.1 Minimum Standards of Reliability, Proposed Amendment - Please delete "Call Off Agreement" in the first line and in the third/fourth line and replace with "Contract"
We believe this is a typo as the call-off arrangements are classed as 'Contracts' under the framework, so this is just a consistency point.
CCS have noted your comment and will amend the DPS Agreement in due course and will re-upload the amended version to the Bid Pack.
Answered
05/08/2019 10:49
72. In regards to Clause 8 Guarantee, Proposed Amendment - Please delete this clause and mark as not used.
We are a large multi-national company, with a strong financial covenant. Therefore, we do not believe a parent company guarantee is required either for the DPS or any of the Contracts under it.
Subsequent amendments to the agreement will be required to remove references to Guarantor/ Guarantee.
Due to the electronic nature of a DPS, Suppliers individual DPS Agreements are not tailored to each Supplier. Therefore the DPS Agreement you are presented with following appointment to RM3824 DPS, will include reference to Clause 8 Guarantee, however as you have noted this is not applicable to your organisation. CCS will therefore retain your response for audit purposes.
Answered
05/08/2019 10:47
