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PSN Services Framework Customer guidance on completing the Call-off Form

PSN Services Framework Customer guidance on completing the Call-off Form.

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PSN Services Framework Customer guidance on completing the Call-off Form

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  1. PSN Services Framework Customer guidance on completing the Call-off Form This document seeks to articulate to Customers those sections in the Call-off Form which need to be completed by the Customer Authority along with advice on how and when the other sections of the form should be completed. Customers are asked to provide feedback on how helpful the document has been, suggestions for improvements, or any comments on errors to network.services@gps.gsi.gov.uk

  2. General • This guidance has been provided to assist you in completion of the Call-Off Form for competitions run under the PSN Services framework. More information is available in the PSN Customer Guidance document, which we strongly recommend you consult. The Call-Off form should be partially completed by you and published as part of further competition documentation. Contractors invited to bid will subsequently complete some sections of the Call-Off form as part of their responses. Remaining sections of the Call-Off form will be completed jointly by you and the winning Supplier following Award. Where square brackets and bold text indicate, one or more parties involved need to enter text as appropriate. The Call-Off form refers to the Call-Off Terms and Conditions which are a separate set of documents, and you are advised to ensure you use these documents to assist you during completion of the Call-Off form. • In the following pages you will find additional information (orange), input advice for you in green, and information about the inputs you can expect from bidders are in blue. If your requirement is for mobiles and you are considering Direct Award under PSN Services Lot 6, a partially completed Call-Off Form has been agreed with the contractors, some of whom may indeed provide their own concise version. Direct Award only advice is given in purple. Where there is no specific guidance for Direct Award please follow the advice given for further competitions. When should customers complete the call-off form? You should issue a nearly-complete call-off form prior to asking bidders for prices. This means it must be issued at the start of the competition for a single stage competitions, or after the final down-select for a two - or multi-stage competition, but the earlier it is issued, the better. Some elements of the call-off form, as set out below, are completed by the contractor as part of the bid. In practice, for complex procurements, you will want to negotiate all elements of the form with potential suppliers prior to the final stage of the competition, developing the contents of the call-off form in several stages. If the requirement is very small, you should consider whether you really need all of the documents that the call-off form asks for. You may not, for example, need a security plan, an exit plan, a sustainability plan and a disaster recovery plan if all you are buying is a LAN or mobiles. You may mark these sections of the call-off form “N/A”, although of course this negates the protections that they offer.

  3. Complete after Award – this is the date the completed Call-Off form is submitted to the winning contractor for signature Remove square brackets – the call-off will become the contract following award and sign-off Enter RM1498 for PSN Services framework. Replace text in square brackets with your own organisation’s official name Enter your own reference for this procurement Replace text in square brackets with your own official address Bidder will complete with their own registered name, registration number and address Complete with the date the further competition opens/opened, when known. Leave blank until after the further competition – subsequently enter Award date once known. Direct Award under Lot 6 & 7 - this is the date when you evaluated the pricing catalogues. Direct Award under Lot 6 & 7 - this is the date when you evaluated the pricing catalogues.

  4. Replace with the term required in years/months or the date the contract will run until. Maximum term is 5 years (3 years for Lot 6). Replace with the date when the service is expected to start. See below for additional notes. Direct Award under Lot 6 & 7 – Maximum term is 3 years. Additional Note - Commencement Date: This is the date when you want the services to start. Often this will be the same as the date the call-off is signed by both parties (the Effective Date), because it is the date the order is signed by both parties that initiates the beginning of the term....not this commencement date. You need to factor into your term any duration of service subject to a delayed commencement date. So, if you need a full 5 year term (3 years for Lot 6) then the commencement date must be the same as the effective date (signed by both parties). Thus this would need to be agreed with the winning contractor in advance so that signing coincides with the commencement date.

  5. Additional Note – Co-operation Agreement: Customers can require other contractors on the same PSN framework to sign a co-operation agreement whereby contractors are required to develop a plan to work together, and to jointly resolve problems regardless of their cause. If this is required the form for the co-operation agreement is set out in Schedule 6.7 . It is not anticipated that customers could use this co-operation agreement to require non-PSN contractors to work together. Strike through either “requires” or “does not require” as appropriate. Direct Award under Lot 6 & 7 - Strike through “requires”. Strike through if a Co-operation Agreement is not required. If required, you should remove the square brackets.

  6. Additional Note – PSN Code of Connection/Compliance Certificate: Whether or not a service (supplied under the PSN Services contract) is a ‘PSN Service’ is a key decision that customers will need to take. More guidance on what is, and is not, a PSN Service is available from the Cabinet Office website - http://www.cabinetoffice.gov.uk/sites/default/files/resources/What-is-a-PSN-Service-v4-5.pdf. If the customer requires a PSN service, suppliers cannot deliver service until both the customer environment and the supplier’s service have been accredited. Services do not need to be certified as PSN compliant if they operate entirely outside the walls, or if they operate entirely inside a ‘walled garden’ that is not directly exposed to PSN; or if they are carried within a PSN-compliant ‘vehicle’ such as voicemail within a telephony service. Direct Award under Lot 6 & 7 – Strike through or Enter “N/A” If a “PSN Service” is not required strike through Section 4 or enter “N/A”. Enter the date of the PSN Compliance Certificate if already available, if not leave blank Enter the date of the PSN Code of Connection if already available, if not leave blank You should only request Guarantees for the most complex requirements, as suppliers find them very difficult to obtain. Default is therefore that you strike through “requires”. This can be struck through if no Guarantee is required at 5.1 above. Direct Award under Lot 6 & 7 – Strike through or Enter “N/A”

  7. Additional Note – Governing Law: The default is English Law - this section only needs to be amended if you do not want English Law to govern. Amend as appropriate, or delete this para if happy wtth English Law Additional Note – Indirect Customers: Indirect Customers are defined as “third parties to whom the Services are provided from time to time, as set out in Appendix 1 of the Call-off form”. This relates to any dependency a customer may have – for instance, a trading fund /executive agency whose parent department is procuring on behalf of themselves and the trading fund, or a school where the local authority is procuring services on behalf of themselves and their schools. If you require services for any indirect customers you should enter the names of the indirect customers here.

  8. Additional Note – Representatives and Key Personnel: The framework allows for a large number of different people to be involved in a variety of aspects in the management of the contract and service. Depending on the type of service you are procuring you may wish to nominate a number of people or a single person who would be responsible for all aspects. Additional Note – Clause 20.1: This clause relates to representatives for Contract Governance. Enter the name of the person (s) who will act on your behalf Clause 7 – Delays to Milestones due to Customer Authority Cause Clause 32 – Protection of Personal Data If you want to add other responsibilities, please add them here.

  9. Additional Note – Clause 20.1: This clause relates to representatives for Customer and Contractor regarding Contract Governance. Additional Note: It is suggested that you ask bidders to complete this section as part of their responses during further competitions. The contractor should enter the name of the relevant contact(s). Added by agreement between you and the Contractor.

  10. Additional Note – Clause 26.5: This clause relates to Key Contractor Personnel. Simple contracts are unlikely to need named Key Personnel, in which case this section can be marked “N/A” The Contractor to enter the name of the person who must fill this role from the Contractor’s organisation Added by agreement between you and the Contractor.

  11. Additional Note – Representatives and Key Personnel: this section allows you to allocate roles to named individuals in your organisation. This is optional, and may not be needed for simple contracts Enter the names of any personnel you want to have the responsibilities listed.

  12. Additional Note – Clauses 22.2 & 22.6: Clause 22.2 relates to the approval process needed for material (not all) sub-contractors to be added to (or removed from) the Framework Agreement Schedule. Clause 22.6 relates to the need for the Customer to approve the engagement of the sub-contractors. The contractor should enter the name, registered office address, Registration No, Services Description and Delivery Role for each sub-contractor involved with this Call-Off.

  13. Additional Note – FOIA Section 43: (1) Information is exempt information if it constitutes a trade secret. (2) Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it). (3) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice the interests mentioned in subsection (2). The contractor should complete where relevant

  14. Additional Note – Clause 42.2.2: Section 42 relates to Limitations on Liability. Clause 42.2.2 relates to the limit of £1m for any loss or damage to the Customer’s premises, property or assets. Enter the amount if different from the default, or delete the paragraph. Additional Note – Clause 42.2.3: This Clause relates to the Contractor’s limit (default is 50%) of the aggregate annual charges paid or due for the 12 months preceding for any loss or damage to the Customer’s data. Enter the percentage if different from the default, or delete the paragraph. Direct Award under Lot 6 & 7 – limitations on liability cannot be varied under Direct Award - strike through or delete. Enter the percentage if different from the default, or delete the paragraph. Additional Note – Clause 42.2.4: This Clause relates to the Contractor’s limit (default is 25%) for Delay Payments and Service Credits in each Contract Year. Additional Note – Clause 42.2.5: This Clause relates to the Contractor’s limit (default is 125%) of the aggregate annual charges paid or due in the preceding 12 months, for all other claims, losses or damages.

  15. Additional Note – Clause 42.3.1: This Clause relates to the Customer’s total aggregate liability (default is £750K) for loss or damage to property or assets of the Contractor. Enter the amount if different from the default, or delete the paragraph. Additional Note – Clause 42.3.2: This Clause relates to the Customer’s total aggregate liability (default is 35% of the aggregate annual charges paid or due in the preceding 12 months) for compensation payments to the Contractor. Additional Note – Clause 42.3.3: This Clause relates to the Customer’s total aggregate liability (default is 100% of the aggregate annual charges paid or due in the preceding 12 months) for termination payments to the Contractor. Additional Note – Clause 42.3.4: This Clause relates to the Customer’s total aggregate liability (default is 100% of the aggregate annual charges paid or due in the preceding 12 months) for all other defaults to the Contractor. Additional Note – Clause 49.1.5: This Clause relates to the Customer’s right to take action if Service Credits are accrued in excess of (default is 15% of the charges payable over the period of 6 months) in that period. Enter the amount required.

  16. Additional Note – Clause 53.4 (call-off form incorrectly refers to Clause 52.4): This Clause relates to whether the Direct Customer wants any of the Indirect Customers listed in Appendix 2 to be able to enforce the Call-Off for their own services. Enter name(s) of any Indirect Customers, or “N/A” Additional Note ; Clause 1.7: Clause 1.7 relates to the appointment of any agents the Customer wants to act on their behalf in relation to this Call-Off, such as a Service Integrator or SIAM tower Enter the name(s) of any agents you want to act on your behalf. You should also include any documents which are relevant, for instance invoices where the agent would process invoices on your behalf. N/A if no agents are required. Additional Note ; Clause 59.4 (call-off form incorrectly refers to Clause 58.4): This clause relates to the address(es) to be used for important communications which need to be actioned promptly. Enter the address/contact details for service of notices. The contractor to enter the address(es) to be used for notices. Additional Note ; Clause 32.2.14: This clause relates to data protection and where customer data could be processed within the EU. Enter any territories within the EU where you do not want your data processed. Direct Award under Lot 6 & 7 – no geographical limitations are expected under Direct Award - strike through or leave blank.

  17. Enter the service requirements. If you have a separate document refer to it here, there is no need to copy and paste a large document into here. Direct Award under Lot 6 & 7 – Service Description is described in the Contractor’s Service Catalogue –- the Contractor will reference this. The contractor to enter their service description(s).

  18. Additional Note – Clause 10.5.1: This Clause relates to the aggregate number of Service Failures (default is “exceeds four in any one measurement period”) which would trigger Service Credits. Enter the number of Service Failures in the measurement period if different from the default. Direct Award under Lot 6 & 7 – service levels are described in Contractor’s Service Catalogue – you cannot specify anything different under Direct Award - strike through or Enter “N/A” Additional Note – Clause 10.8.3: This Clause relates to the aggregate number of Service Failures (default is “four in any one measurement period”) which would trigger Warning Notices/increased monitoring. Additional Note – Clause 10.8.4: This Clause relates to the aggregate number of events which give rise to Service Credits and/or Delay Payments (default is “five in any one measurement period”) which would trigger Warning Notices/increased monitoring. Enter the number of events in the measurement period if different from the default. Additional Note – it is up to you to specify the service measures, service levels and service credit regime that you need, remembering that this is one of the main drivers of the costs of the service Complete any SLA targets, criteria and thresholds required.

  19. Enter any additional standards which you want to apply. Direct Award under Lot 6 & 7 – there are no additional standards associated with Direct Award – strike through or Enter “None” The contractor to enter their draft Security Plan. Direct Award under Lot 6 & 7 – there is no security plan associated with Direct Award - strike through or Enter “None”

  20. Additional Note – Clause 14.4: This Clause relates to any Customer equipment which the Contractor will be expected to take ownership of. Enter any equipment to be transferred, whether ownership will transfer and any price to be paid. Direct Award under Lot 6 & 7 – no equipment is to be transferred to, or be provided by, the Contractor under Direct Award - strike through or Enter “None”. Additional Note – Exclusive Equipment: Exclusive Equipment is defined as “Equipment which is to be used only or providing the Services (excluding Standard Services) including on-site Equipment listed in Appendix 3 of the Call-Off Form and any other Equipment listed in Appendix 7 of the Call-Off Form”. The contractor to enter any of their equipment which can be described as Exclusive Equipment. Enter any of your equipment which can be described as Exclusive Equipment

  21. Additional Note – Clause 14.8: This Clause refers to the treatment of assets under the Call-Off. These assets remain the property of the Contractor unless the Customer wishes to acquire them. The contractor to enter relevant assets, encumbrances and prices.

  22. Additional Note – Schedule 4.1: The purpose of this Schedule is to define a process for the preparation and implementation of Outline and Detailed Implementation Plans. Leave blank if no Implementation Plan is required. If a Plan is required, you need to ask the bidder to draft a Plan as part of their bid submission. If required the Contractor to enter their draft Implementation Plan. Direct Award under Lot 6 & 7 – there will be no implementation plan for services under Direct Award - strike through or Enter “None”

  23. Additional Note – Testing Procedures: This Schedule sets out the approach to testing and its activities, and the extent to which testing applies to some of those activity deliverables. The Customer may need to seek assistance from the Contractor to finalise these.. In some (very rare) cases, the Framework Authority (GPS) may ask for some additional tests before first implementation. Direct Award under Lot 6 & 7 – no testing procedures are expected under Direct Award - strike through or Enter “None” If testing is not required, you should enter “N/A”. If testing is required, you should enter activities required. If testing is not required, you should enter “N/A”. If testing is required, you should enter criteria required. If testing is not required, you should enter “N/A”. If testing is required, you should enter severity levels required.

  24. Additional Note – Schedule 5.1: This Schedule sets out the method by which the Contractor will raise invoices to the Customer for payment requirements and payment terms. Customers should note that management charges will be applied as follows: PSN Management Charge: 0.95% GPS Management Charge: 0.7% (1% on Lot 6) If milestone payments are not required, you should enter “N/A”. If milestone payments are required, you should enter the details here. The Contractor to enter their charges for the requirement. The Contractor to enter details of the Management Charges and how they relate to the Contractor’s charges above. Direct Award under Lot 6 & 7 – no milestone payments are applicable for Direct Award - strike through or Enter “None”.

  25. Additional Note – Schedule 5.1: This Schedule sets out the method by which the Contractor will raise invoices to the Customer for payment requirements and payment terms. Additional Note – Paragraph 5: This paragraph relates to delay payments to be paid if milestones where delay payments apply are not achieved. Enter any Milestone Ref where Delay Payments will apply and the Delay Payment that applies. Enter N/A if there are no relevant Milestones. Additional Note – Base Case Financial Model: Schedule 5.4 details the requirements for the Financial Model to be supplied by the Contractor so the Customer can identify how the Contractor calculates its charges. Only normally needed for large complex requirements or where “Open Book” is required. Review Schedule 5.4 and enter details if required, or “N/A” if not. Enter the address to which invoices should be sent. Direct Award under Lot 6 & 7 – no expenses or financial models are applicable for Direct Award - strike through or Enter “None”.

  26. Additional Note – Paragraph 4.1: This paragraph describes what should be included in the Benchmark Plan, who and when it should provided. We anticipate that relatively few customers will benefit from including benchmarking provisions, and most will mark this section “N/A”. If benchmarking is not required, you should enter “N/A”. If required you should enter the names and addresses of relevant Benchmarking organisations. If Benchmarking is required, you should enter “Average Price” or “Upper Quartile” as required. If Benchmarking is not required, you should enter “N/A”. If Benchmarking is required, you should enter “mean” or “median” as required. If Benchmarking is not required, you should enter “N/A”. Direct Award under Lot 6 & 7 –benchmarking is not expected to apply under Direct Award - strike through or Enter “None”.

  27. Additional Note – Schedule 6.1 This Schedule describes procedures to be used to manage the relationship between the Customer and the Contractor. If a Services Board is not required, enter “N/A”. If a Services Board is required, enter details required. If a Services Board is required, the Contractor to enter appropriate details. Direct Award under Lot 6 & 7 – for the management of commoditised items, you may not consider a Service Board necessary, so if not required please leave blank or enter “N/A” above. If a Services Board is required, enter appropriate details. If a Services Board is required, enter appropriate details. If a Services Board is required, enter appropriate details. Additional Note – Appendix 12: If Boards are not required for this requirement, the customer should strike through this Appendix.

  28. If a Services Board is required, enter details required. If a Contractor Board is required, the Contractor to enter appropriate details. Direct Award under Lot 6 & 7 – for the management of commoditised items, you may not consider this necessary, so if not required please leave blank. If a BCDR Plan is required, the Contractor to enter the Plan here. Direct Award under Lot 6 & 7 – there is no BCDR plan associated with Direct Award - strike through or Enter “N/A” If a Sustainability Plan is required, the Contractor to enter the Plan here. Direct Award under Lot 6 & 7 – it is not expected that under Direct Award the sustainability plan submitted by suppliers will be varied - strike through or Enter “None” Additional Note – Appendices 13 & 14 Customers with relatively simple requirements can delete either or both Appendices.

  29. Additional Note – Schedule 7.1 This Schedule sets out the Parties respective rights and obligations for the application of Employment Regulations and pensions, where relevant. It is the Customer’s responsibility to ensure that TUPE regulations are complied with where necessary. If TUPE applies to this requirement, enter which Parts of Schedule 7.1 apply. Enter ‘A’ if no TUPE will apply, ‘B’ if employees of the outgoing contractor will transfer, ‘C’ if your employees will transfer , or ‘B+C’ . Direct Award under Lot 6 & 7 – under Direct Award no staff are likely to transfer so please enter “A”. If TUPE applies to this requirement, enter the names of employees who will transfer from you to the Contractor under this Call-Off. If TUPE applies to this requirement, enter the names of employees who will transfer from the incumbent service provider to the Contractor under this Call-Off. If TUPE applies to this requirement, enter the appropriate sections of Appendix 1 of Schedule 7.1. Additional Note – Schedule 7.1 If TUPE does not apply to this requirement, the customer should strike through this Appendix.

  30. Additional Note – Appendix 16: The Customer should enter any Special Terms that are needed to apply to this requirement.. If Special Terms applies to this requirement, enter the appropriate details here. Leave blank pending completion of the further competition. Signature of this by both parties makes the contract legal.

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