GOV.UK Clarifications
There are 34 clarifications for this DPS
34. Clause 3.2 of DPS PSC Order Schedule 10 - Exit Management v1.0 states "The Supplier acknowledges that the Buyer may disclose the Supplier's Confidential Information (excluding the Supplier's or its Subcontractors' prices or costs) to an actual or prospective Replacement Supplier to the extent that such disclosure is necessary in connection with such engagement". Could the CCS please expand on this, for example, what happens if the prospective Replacement Supplier is a competitor, how is this provision managed in those instances especially with regards to sensitive commercial and proprietary information?
This would have to be agreed and managed by the customer and supplier. The extent of information should only relate to the continuation of service and relevant to the specific contract itself.
Answered
11/04/2024 16:18
33. We note reference to "Open Book Data", could you please clarify what, if any, obligations exist in this regard?
Information around Open Book Data can be found in the 'Open Book Data' section in 'DPS Joint Schedule 1 - Definitions'
Answered
11/04/2024 16:17
32. Could the CCS please clarify and provide more information/detail on the Management Levy and what this relates to?
Information around the management levy is found in 'DPS Schedule 5 - Management Levy'.
Answered
11/04/2024 16:17
31. Could the CCS please clarify the liability under clause 11 of the DPS Core Terms v1.0.3 which presents uncapped liability whereas DPS PSC Schedule 6 - Order form template and order schedules v1.0 states Unlimited liability is not permitted? Can you clarify, in particular, if the uncapped element from clause 11 are required in all Order Contracts or can these be negotiated and subjected to an aggregate cap?
The cap is standardised in the core terms, its possible for a customer and supplier to agree a change in liability, which can be issued as a special term, at contract negotiation. Any change to the liability is at the risk of the customer and supplier, and these should be agreed before the contract is issued.
Answered
11/04/2024 16:16
30. Good Afternoon. Please can you clarify, if applying for all 3 of the services, can 3 COPTA's be submitted for the same customer? Or do they need to be examples of different customers per service?
Kind Regards
Yes, the same customer can be used, however, an individual COPTA must be obtained for each service. The same customer could, in theory, be the user for 3 COPTAs.
Answered
11/04/2024 16:15
29. We understand that the CCS's contractual documents are non-negotiable, but we have a number of product specific requirements in our usual contractual documentation with merchants that it would make sense to include in the CCS's contractual documentation with Buyers. Please could you confirm whether we are correct in the understanding that it would not be possible for us to amend the CCS's contractual documents to tailor for product specific requirements.
You cannot amend any CCS terms and conditions. There may be instances where look to include regulatory terms, which can be included in DPS Order Schedule 25, for a specific customer requirement. There may also be extreme instances where additional terms can be added as special terms, if agreed with the customer at ITT level, however these additional terms would be between the customer and the supplier and have to be agreed before award. Special terms are not agreed by CCS, so at the risk of buyers and suppliers. At face value though, joining the DPS requires supplier conformance to all T&CS.
Answered
24/01/2024 13:38
28. Under the Direct Debit Payment Scheme Rules, there are a number of mandatory obligations conferred on direct debit providers for example, in relation to the processing of chargebacks and refunds. Please could you confirm whether and if so where, this is accounted for in the CCS's pack of contractual documents.
DPS Order Schedule 25 - Additional Regulatory Terms' - can be utilised for any terms which cover regulatory requirements. These will be utilised by customers at contract level, and, should there be any regulatory requirements, should be included by suppliers as part of their bid for customer conformance at the subsequent contract.
Answered
24/01/2024 13:37
27. The provision of direct debit services is governed by the Payment Services Regulations that confers a number of mandatory provisions, for example, in relation to incorrectly executed payment orders and unauthorised payment orders. Please could you confirm whether and if so where, this is accounted for in the CCS's pack of contractual documents.
DPS Order Schedule 25 - Additional Regulatory Terms' - can be utilised for any terms which cover regulatory requirements. These will be utilised by customers at contract level, and, should there be any regulatory requirements, should be included by suppliers as part of their bid for customer conformance at the subsequent contract.
Answered
24/01/2024 13:36
26. Are we correct in the understanding that the Suppliers liability for all of its indemnity obligations to the CCS and each Buyer is unlimited?
Liability is covered within the DPS Core Terms. These can be found in the bid pack - 'Attachment 7 - bid pack part 2'.
Answered
24/01/2024 13:36
25. 1)Are we correct in the understanding that the general liability cap for Suppliers in each Order Contract with Buyers is the greater of £5 million or 150% of the Estimated Yearly Charges and £10 million for data protection breaches?
Liability is covered within the DPS Core Terms. These can be found in the bid pack - 'Attachment 7 - bid pack part 2'.
Answered
24/01/2024 13:35
24. 3.12.2 - Please can CCS clarify what you mean by a 'past performance certificate'?
This question is not in the Open Banking SQ. Please ensure you are accessing the correct questionnaire by accessing the DPS marketplace, scrolling to 'Open Banking' and selecting 'access as a supplier'.
Answered
24/01/2024 13:34
23. There have been a few questions posed by suppliers that suggest certain questions are not part of the Open Banking questionnaire. Can we please double check that CCS have uploaded the correct Open Banking questionnaire for completion as we can see questions that CCS advise are not part of the questionnaire?
Yes, the correct questionnaire has been uploaded. Suppliers need to follow the guidance provided to access the correct questionnaire - access the DPS marketplace, scroll to 'Open Banking DPS' and select 'access as a supplier'. This will take you to the Open Banking questionnaire.
Answered
24/01/2024 13:34
22. Please can you re-circulate the Carbon Reduction Plan. We appear to have an error message 'The file appears to be corrupted'.
All templates required for your application can be found in the bid pack. If you experience problems downloading any template from the questionnaire, please use the copy provided in the bid pack. The Carbon Reduction Plan template referred to in your Clarification Question is Attachment 7 in the bid pack part 1 (general) folder.
Answered
17/01/2024 08:40
21. With regards to clarification question 9, from review of the documentation supplied by CCS, there is no additional information relating to our clarification question - is there an expectation to build and manage a new platform for the technical provision of back end solutions? If the provision of a specific platform is not on offer, are suppliers excluded from the wider payments in opportunity? Please advise.
This will vary depending on the requirements of the customer. It may be that they simply wish to use a suppliers own platform to manage this, or it may be that they wish to have a whole new bespoke platform for their requirements. Suppliers can select this service provided they have their own platform to offer as a minimum, and view each requirement from customers to take a view on the best way to proceed. If suppliers don't have capacity or supply chain to build a new platform, and can't offer their own pre-built platform, they should not select this option.
Answered
15/01/2024 16:40
20. In 'Attachment 3a - FVRA - RM6301 Open Banking DPS v1.0', tab 'RAG Thresholds', cell D26 reads "Approximate Annual Contract Value (£000s)". Cell D27 below was pre-filled with the figure "200". D27 is highlighted in yellow, suggesting it requires us to enter data.
We cannot find an explanation or guidance on what D26 is asking, or where the figure in D27 comes from.
Please can you clarify what is being asked, and if we should be updating the figure in D27.
The RAG thresholds tab is pre-populated with the thresholds which all the FVRA information submitted is assessed against. This tab should not be used by suppliers. Information on which tabs need to be completed is within the 'bidder instructions' tab of the FVRA tool itself and in the supporting FVRA documentation found in the bid pack.
Answered
15/01/2024 16:39
19. For the avoidance of doubt, please can you clarify if suppliers are allowed to negotiate with CCS on the legal documents in the bid pack.
No, there is no negotiation permitted regarding the legal documents in the pack.
Answered
15/01/2024 08:38
18. 3.10.1 - 1) Whilst as BAU we will support apprenticeships and skills development whilst performing the contract, it's not done explicitly 'through' the contract? Please can you clarify?
This question is not in the Open Banking SQ. Please ensure you are accessing the correct questionnaire by accessing the DPS marketplace, scrolling to 'Open Banking' and selecting 'access as a supplier'.
Answered
15/01/2024 08:37
17. 3.11.2 - 1) "Steel in Major Projects" - Are these questions related to suppliers intending to bid for major infrastructure projects?
This question is not in the Open Banking SQ. Please ensure you are accessing the correct questionnaire by accessing the DPS marketplace, scrolling to 'Open Banking' and selecting 'access as a supplier'.
Answered
15/01/2024 08:37
16. 3.9.2 - 1) Please confirm whether CCS are expecting our CRP to a) include client and supply chain data and b) what data are CCS specifically seeking for scope 3? 2) "Indicate the environmental management measures that you will apply when performing the contract?" - We assume this means we are taking actions from an environmental perspective to achieve our strategy whilst this contract is in place?
Further information on the carbon reduction plan (CRP)
can be found in the bid pack, along with a CRP template.
This information is in 'bid pack part 1 (general)'
Answered
15/01/2024 08:36
15. Can CCS provide the security policy referred to in DPS Order Schedule 9 - Security.
No, this is an order schedule. This will be included by buyer / supplier as part of their contract.
Answered
11/01/2024 08:22
