6 3 April 1, If requirement is not met The requirement shall be complied 2017 requirement 13 today, when would be the with from the date on which the a) earliest date you will need Cloud Services are to be delivered, full availability of this i.e. on the date of Contract requirement? signature. 7 3 April Annex 1, What are you looking to The Ministry of Taxation is 2017 requirement 13 achieve as the [bidder’s] looking to achieve backups for b) object storage is delivered additional redundancy outside the encrypted and with high cloud, cf. requirement 13 b) of security by design, so no Annex 1. additional backup is required to obtain off site mirroring or backup. 8 4 April Contract, Clause In the first paragraph of The intent of the Ministry of 2017 3, first paragraph clause 3 it is set out that the Taxation with the wording of provide the Contract Clause 3 is to take into “Supplier Cloud Services in consideration that the of the accordance with this Cloud services is very much Contract and in particular dependent on the Customer’s the Standard Terms, cf. actual usage of the respective Annex 5, and as requested services. and used by the Customer at If as an example a new service is any time during the introduced by the Supplier, this Contract.” new service is covered by the [Bidder] assumes that the Contract, but will not be subject supplier is only obliged to to invoicing, before the Customer provide the Services as actively requests and uses the said agreed to and not as service. unilaterally determined by The Ministry of Taxation’s the customer at any time. requests and usage of the various Does Skatteministeriet agree services will at all times be in with this assumption and, if accordance with the Contract. so, would Skatteministeriet The Ministry of Taxation finds agree to the following that the current formulation clarification of the clause: reflects this appropriately and provide the therefore maintains the wording of “Supplier Cloud Services in the first paragraph of Contract accordance with this Clause 3. Contract and in particular the Standard Terms, cf. Annex 5, and as agreed to by
6 3 April 2017 1, requirement 13 a) If requirement is not met today, when would be the earliest date you will need full availability of this requirement? The requirement shall be complied with from the date on which the Cloud Services are to be delivered, i.e. on the date of Contract signature. 7 3 April 2017 Annex 1, requirement 13 b) What are you looking to achieve as the [bidder’s] object storage is delivered encrypted and with high security by design, so no additional backup is required to obtain off site mirroring or backup. The Ministry of Taxation is looking to achieve backups for additional redundancy outside the cloud, cf. requirement 13 b) of Annex 1. 8 4 April 2017 Contract, Clause 3, first paragraph In the first paragraph of clause 3 it is set out that the “Supplier provide the Cloud Services in accordance with this Contract and in particular the Standard Terms, cf. Annex 5, and as requested and used by the Customer at any time during the Contract.” [Bidder] assumes that the supplier is only obliged to provide the Services as agreed to and not as unilaterally determined by the customer at any time. Does Skatteministeriet agree with this assumption and, if so, would Skatteministeriet agree to the following clarification of the clause: “Supplier provide the Cloud Services in accordance with this Contract and in particular the Standard Terms, cf. Annex 5, and as agreed to by The intent of the Ministry of Taxation with the wording of Contract Clause 3 is to take into consideration that the of the Cloud services is very much dependent on the Customer’s actual usage of the respective services. If as an example a new service is introduced by the Supplier, this new service is covered by the Contract, but will not be subject to invoicing, before the Customer actively requests and uses the said service. The Ministry of Taxation’s requests and usage of the various services will at all times be in accordance with the Contract. The Ministry of Taxation finds that the current formulation reflects this appropriately and therefore maintains the wording of the first paragraph of Contract Clause 3.
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