Community Based Dermatology Service
NHS Sefton
Memorandum of Information (MOI)
Date February 2010
Page 1 of 18
CONTENTS
1 PURPOSE, STRUCTURE AND NEXT STEPS FOR BIDDERS............................................................4
1.1 ...
1 PURPOSE, STRUCTURE AND NEXT STEPS FOR BIDDERS
1.1 Purpose of this document
This Memorandum of Information (MOI) provides...
2 INTRODUCTION AND OVERVIEW
2.1 Introduction
NHS Sefton is looking for a single provider who can deliver a safe, effective...
• It is estimated that only 19.5% of people eat five or more portions of fruit and vegetables per day, lower than the
regi...
2.4.2 Patient Outcomes
The expected outcomes that relate to the quality of patient care are:-
• Improved quality of care w...
2.7 Bidder Pool
The Service Procurement seeks to ensure responses are received by NHS Sefton to the Pre-Qualification
Ques...
4 PROCUREMENT PROCESS
4.1 Advert
An advert has been placed on the Supply2Health website. The advert has also been posted o...
The PQQ evaluation will result in a short-listing process and potential Bidders will be told whether or not they have
been...
It should be noted that the dates are the anticipated dates at the time of issuing this advert and may be subject to
chang...
5.3 Pensions
Potential Bidders who are non-NHS organisations should assume that their staff will not be able to participat...
Copies of the Bidder’s current Employers Liability and Public Liability Insurance certificates will also be requested
at t...
The services to which this MOI relates fall within Part B of Schedule 3 to the Public Contracts Regulations 2006
(“the Reg...
confer an unfair competitive advantage on one or more potential Bidder(s), or otherwise to undermine a fair and
competitiv...
Potential Bidders should therefore note that the receipt by NHS Sefton of any information marked “confidential” or
equival...
In this section, references to this MOI include all information contained in it and any other information (whether
written...
MOI; This Memorandum of Information setting out the details of the Scheme and the requirements of the
Procurement
NHS Nati...
Appendix A
Page 18 of 18
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Memorandum of Intention

  1. 1. Community Based Dermatology Service NHS Sefton Memorandum of Information (MOI) Date February 2010 Page 1 of 18
  2. 2. CONTENTS 1 PURPOSE, STRUCTURE AND NEXT STEPS FOR BIDDERS............................................................4 1.1 Purpose of this document ...........................................................................................................4 1.2 Organisation of this document....................................................................................................4 1.3 Next Steps for Bidders.................................................................................................................4 2 INTRODUCTION AND OVERVIEW ......................................................................................................5 2.1 Introduction..................................................................................................................................5 2.2 Aims of this Service .....................................................................................................................5 2.3 General Overview .........................................................................................................................5 2.4 Expected Outcomes of the Service.............................................................................................5 2.4.1 Service Outcomes.................................................................................................................5 2.4.2 Patient Outcomes..................................................................................................................6 2.5 Scope of the Service ....................................................................................................................6 2.6 Activity Data.................................................................................................................................6 2.7 Bidder Pool ..................................................................................................................................7 2.8 Critical Success Factors (CSFs) .................................................................................................7 3 COMMISSIONING PCT.........................................................................................................................8 4 PROCUREMENT PROCESS................................................................................................................8 4.1 Advert ...........................................................................................................................................8 4.2 Memorandum of Information .......................................................................................................8 4.3 Expression of Interest..................................................................................................................9 4.4 Pre-Qualification Questionnaire (PQQ).......................................................................................9 4.5 Invitation to Tender ......................................................................................................................9 4.6 Contract Award............................................................................................................................9 4.7 Service Commencement ............................................................................................................10 4.8 Procurement Timeline................................................................................................................10 5 COMMERCIAL FRAMEWORK............................................................................................................11 5.1 Contract......................................................................................................................................11 5.2 Workforce...................................................................................................................................11 5.3 Pensions.....................................................................................................................................11 5.4 Staff Transfers (TUPE) ...............................................................................................................11 5.5 Premises, Facilities Management, Equipment and Information Management and Technology ...........................................................................................................................................12 5.6 Financial Standing......................................................................................................................12 5.7 Performance Security.................................................................................................................12 5.8 Insurance....................................................................................................................................12 6 GOVERNANCE AND ADMINISTRATION...........................................................................................13 6.1 Procurement Costs.....................................................................................................................13 6.2 Consultation.................................................................................. Error! Bookmark not defined. 6.3 The Public Contract Regulations 2006 .....................................................................................13 6.4 Conflicts of interest....................................................................................................................13 6.5 Non-collusion and Canvassing .................................................................................................14 6.6 Freedom of Information .............................................................................................................14 6.7 Disclaimer ..................................................................................................................................14 7 GLOSSARY OF TERMS......................................................................................................................15 Page 2 of 18
  3. 3. 1 PURPOSE, STRUCTURE AND NEXT STEPS FOR BIDDERS 1.1 Purpose of this document This Memorandum of Information (MOI) provides an overview of the Community Dermatology Service Procurement by NHS Sefton. It contains information regarding: • The procurement and its objectives; • Service requirements; • The procurement process; • Procurement commercial framework; and • Procurement governance and administration requirements. The purpose of this MOI is to provide potential Bidders with sufficient information on this Community Dermatology Services Procurement (hereafter referred to as the Service Procurement) to enable them: • To make an informed decision about whether they wish to participate; and • To submit an Expression of Interest (EOI) and complete a Pre Qualification Questionnaire (PQQ) 1.2 Organisation of this document This MOI is organised into the following sections: • Section 1: Purpose, Structure and Next Steps for Bidders -Detailing the purpose and organisation of the MOI and the next steps for potential Bidders. • Section 2: Introduction and Overview -Detailing the background and objectives to the Service Procurement, the scope of services to be procured, the bidder pool and the factors critical to the success of the Service. • Section 3: Commissioning PCT -Details of the Commissioning PCT. • Section 4: Procurement Process Overview -Detailing the steps involved in the Service Procurement. • Section 5: Commercial Framework -Detailing the key commercial terms and other legal and contractual arrangements for the Service Procurement. • Section 6: Governance and Administration - Detailing key governance and administration requirements of the Service Procurement. • Section 7: Glossary Of Terms -Terms and abbreviations used in this document 1.3 Next Steps for Bidders Interested parties wishing to participate in the Service Procurement must complete a Pre Qualification Questionnaire and submit no later than noon on 31st March 2010. Any potential Bidder who does not meet the deadline will not be considered. Page 3 of 18
  4. 4. 2 INTRODUCTION AND OVERVIEW 2.1 Introduction NHS Sefton is looking for a single provider who can deliver a safe, effective, personalised and fair service to patients with dermatological conditions in Sefton The Sefton-wide Community Dermatology Service will provide a local, more accessible and cost effective service to patients in line with the white paper “Our Health, Our Care Our Say; A New Direction for Community Services. (1) (DH, January 2006). 2.2 Aims of this Service The aims of the Community Dermatology Service are to:- • Diagnose, treat and manage patients with dermatological conditions • Improve access to care and ensure patients are seen and treated in an environment most appropriate to their needs. • Deliver an integrated Dermatology pathway across primary and secondary care, working in partnership with GPs and with access to Consultant Dermatologists • To provide dermatology education and advice to primary care, patients and the public to enable patients to be managed appropriately at the lowest service level for their condition. 2.3 General Overview NHS Sefton serves a population of 280,000 with 280,889 patients registered with Sefton GPs. Overall the indicators of health for people living in Sefton are worse than average when compared with England, For Sefton, six out of 25 Health Indicators are better than the national average and 16 are better than the regional average. 18 indicators are worse than the national average. • Men can expect to live 75.6 years in Sefton and women 80.2 years, more than the regional but less than the national average. There is a gap in life expectancy of six years between the poorest and the most affluent areas of Sefton, the largest gap nationally being 10.1 years and the smallest 2.7 years. • Alcohol misuse is a significant problem in the North West. It is estimated that 23.4% of adults in Sefton binge drink, which is close to the regional but more than the national average. Similarly, admissions to hospital for alcohol related conditions are close to the regional but more than the national average.  Best & worst health indicators (in addition to life expectancy and alcohol) • There are fewer teenage pregnancies than average and GCSE achievement is good. • There is less violent crime than the regional and national average. • 63.9% of local authority properties do not achieve the “decent homes standard”. This figure is much worse than the national average but is in comparison to similar local authorities. Page 4 of 18
  5. 5. • It is estimated that only 19.5% of people eat five or more portions of fruit and vegetables per day, lower than the regional and national average. • The number of drug users aged 15-44 in contact with treatment services is higher than the national average. Access to a car or van (31%) is better than regional (30.2%)and England averages (26.8%)² Dermatology Services Dermatology services in total cost £1.8m in 2008-09 of which 75% were referrals by GPs. There were 5361 new referrals to Acute care (first appointments) by GPs of which 4028 were attended, and there were 7121 attended follow-up appointments. Recent data states that there are approximately 25% DNAs on first appointments. With a faster and more affective service it is expected that more patients will be accessing the service hence this needs to be taken into account when predicting activity. Atopic eczema is increasing and is estimated to affect 15-20% of the population In 2005 there were 2580 births in Sefton, it would be expected that 387-516 of these babies will develop childhood eczema. There is also significant acne in 14% of the 15-24 year olds. The existing ‘medical’ community service works out of 4 community settings with 3 in the North of the borough seeing 50% of total patients and 1 in the South seeing the remaining 50%. The current medical dermatology service provider has given notice to cease provision from November 1st 2010. There are 5 GP Minor Surgeons who provide surgical services as independent contractors over and above those provided by 35 GP’s performing minor surgery under the Minor Surgery DES. It is envisaged that the provider will continue to make use of the 5 existing GP contractors within the procured service, subject to negotiation. The 35 DES providers will remain contracted to NHS Sefton Primary Care. 2.4 Expected Outcomes of the Service 2.4.1 Service Outcomes The expected outcomes that relate to access and performance are:- • Ability demonstrate equitable access for all Sefton residents for treatment of dermatology conditions • A reduction in referrals to secondary care services by 60% and a reduction in the number of follow ups across all levels of care • High patient satisfaction with Dermatology services • Services delivered closer to patients’ homes • Improved communication between specialist clinicians and GP’s http://www.apho.org.uk/resource/item.aspx?RID=51813 ² Census 2001, www.neighbourhood.statistics.gov.uk Page 5 of 18
  6. 6. 2.4.2 Patient Outcomes The expected outcomes that relate to the quality of patient care are:- • Improved quality of care within primary and community settings • Increased patient choice • Services closer to patients’ homes • Improved access to advice and information and increased knowledge and awareness of the management of Dermatology within Sefton • High patient satisfaction with Dermatology services 2.5 Scope of the Service The key elements of the Community Dermatology Service will be as follows:- • The service will be community based • The service will deliver assessment, investigation and treatment to patients suffering with skin diseases • The service will deliver education and training to GPs and other relevant professionals delivering healthcare to Sefton residents • The assessment and management of patients with skin diseases shall be performed by a multidisciplinary team. This may comprise of Dermatology Specialists, GPs with recognised dermatology diplomas, Specialist Nurses, Health Care Assistants and Pharmacists The service will treat all ages and expects that children under the age of 16 must be referred to secondary care for any surgical procedures. Any complex cases requiring specialist treatments or skin cancers will continue to be referred to NHS Sefton Secondary Care Providers. The Provider will operate from NHS Sefton’s existing premises with an option to expand provision as required. Costs will be included in the ITT. 2.6 Activity Data The 2009/10 forecast activity for a Community Dermatology Service based on a 60% shift of new patients and 40% shift in Follow ups from Acute care is as follows: New patients; 3715 Fu patients; 5603 This does not include DNAs and cancelled patients However, it should be noted that as this data is only a forecast, NHS Sefton is making no guarantee as to future volumes. Page 6 of 18
  7. 7. 2.7 Bidder Pool The Service Procurement seeks to ensure responses are received by NHS Sefton to the Pre-Qualification Questionnaire (PQQ) from suitably qualified and experienced healthcare providers with the necessary capacity and capability (or a demonstrable ability to provide the necessary capacity and capability) to provide the range of Community Dermatology Services as outlined in this document, in a safe and effective manner and to meet the critical success factors below. 2.8 Critical Success Factors (CSFs) Specific evaluation criteria will be included in the ITT. NHS Sefton has determined the following critical success factors for this service: • The Service is easily accessible and well known to patients; • There is demonstrable efficient provision of skilled assessment, treatment and advice to the local population of the Area(s); • The service provided is safe, patient-centred and delivered to the highest quality and standards; • The Provider can demonstrate robust governance, clinical leadership and continuous learning and self- improvement processes; • The Provider demonstrates implementation of all appropriate guidance and legislation e.g. NICE and NSFs, Care Quality Commission; • Reduction in referrals to secondary care services and a reduction in the number of follow ups across all levels of care; • The local elements of the Service are integrated into primary and secondary care services as appropriate; • There is timely, accurate, and comprehensive regular performance reporting in line with NHS Sefton’s requirements; • A high level of Patient satisfaction with the Service; and • Demonstrable value for money. NHS Sefton will require the Provider to meet the CSFs throughout the life of the Contract. COMMISSIONING PCT The commissioning PCT for the procurement of Community Based Dermatology Service is: Commissioning PCT NHS Sefton SHA NHS North West A map outlining the geographical location of the Commissioning PCT (NHS Sefton) is provided in Appendix A Page 7 of 18
  8. 8. 4 PROCUREMENT PROCESS 4.1 Advert An advert has been placed on the Supply2Health website. The advert has also been posted on the website of NHS Sefton and NWCCA. Potential Bidders must register their interest by completing a PQQ and submitting in accordance with the requirements contained within this document. 4.2 Memorandum of Information This MOI provides details of the Service Procurement. The MOI should provide potential Bidders with sufficient information on the Community Dermatology Procurement process to enable them to make an informed decision about whether they wish to register their interest in the Service Procurement. Interest must be registered by submitting a completed PQQ in accordance with the requirements detailed within this MOI. 4.3 Expression of Interest Interested parties wishing to participate in the Service Procurement must submit a PQQ via Bravosolutions before noon on 31st March 2010 Late responses will not be considered. 4.4 Pre-Qualification Questionnaire (PQQ) The PQQ provides detailed information on the PQQ process, guidance on how to complete the PQQ and a series of questions for potential Bidders to answer. The PQQ will be available on Bravosolutions for all interested Bidders to download. All potential Bidders wishing to bid for the Community Dermatology Service must respond to the PQQ before the deadline stated in the PQQ. The co-ordinating commissioner reserves the right not to consider any PQQ submission received after that deadline. A clarification question and answer process will operate during the PQQ stage and will be explained in the PQQ documentation. The PQQ is designed to evaluate the potential Bidders capacity, capability and eligibility to provide the services subject to the Service Procurement. Page 8 of 18
  9. 9. The PQQ evaluation will result in a short-listing process and potential Bidders will be told whether or not they have been short-listed. Further details of the PQQ process and evaluation will be set out in the PQQ. PQQs must arrive before Noon on 31st March 2010 Late or incomplete PQQ’s will not be considered. 4.5 Invitation to Tender Shortlisted bidders will be invited to proceed to the ITT stage for the Service Procurement and will be issued with the Community Dermatology Services ITT. The detailed requirements of the Community Dermatology Services ITT, the information required from Bidders and the timescales for submission of bids will be included in the ITT. Further details of the ITT process and evaluation will be set out in the Community Dermatology Services ITT. 4.6 Contract Award Based on the outcome of the Community Dermatology Services ITT evaluation, a recommendation for a preferred bidder will be made to NHS Sefton’s Board for consideration. Following Board approval, NHS Sefton and the recommended Bidder(s) may enter into the contracts. 4.7 Service Commencement Following contract award and in accordance with the Provider’s mobilisation plan, NHS Sefton and the Provider will work together towards service commencement at the contractually agreed date. 4.8 Procurement Timeline The timeline for Community Dermatology Procurement is set out in the table below. Milestones Date Advert published and MOI / PQQ available 1st March 2010 Deadline for receipt of potential clarification questions COP 17th March 2010 Deadline for receipt of PQQ submissions 12 Noon 31st March 2010 Invitation to Tender (ITT) issued to Bidders COP 26 April 2010 Deadline for receipt of tender clarification questions COP 14May 2010 Deadline for receipt of ITT bids 12 Noon 28 May 2010 PCT Board to ratify award decision July 2010 10 day “cooling down” period TBA Contract award 02 August 2010 Contract finalisation, mobilisation period etc TBA August-October 2010 Service commencement 1st November 2010 Page 9 of 18
  10. 10. It should be noted that the dates are the anticipated dates at the time of issuing this advert and may be subject to change. Timelines following receipt of ITT will be confirmed at PQQ stage. 5 COMMERCIAL FRAMEWORK Potential Bidders’ attention is drawn to the following commercial information: 5.1 Contract The contract to be entered into by NHS Sefton and the selected Provider will be based on the NHS Contract for Community Services and will comply with the mandatory requirements of this framework contract and all Legislation, as may apply. Within this framework, the contract will be adapted as necessary to reflect the requirements of NHS Sefton Scheme (the Contract). The Contract will be separate to and independent of any existing contract currently in place between a Provider and NHS Sefton. Draft copies of the contract will be shared with bidders at ITT stage. 5.2 Workforce Policies and Strategies Bidders will be required to provide evidence that all proposed workforce policies, strategies, processes and practices comply with all relevant employment legislation applicable in the UK and in addition comply with the provisions outlined in: • Safer Recruitment – A Guide for NHS Employers (May 2005); • The Code of Practice for the International Recruitment of Healthcare Professionals (December 2004) (the Code of Practice); and • Delivering Standards for Better Health (April 2006). At PQQ Stage, potential Bidders will be required to provide executive summary information on the following, with full copies of policies and other documentation being required at ITT stage: • Recruitment, Diversity, Health & Safety and other relevant policies including those on environmental protection; • Procedures for ensuring compliance that all clinical staff and health professionals are registered with the relevant UK professional and regulatory bodies; • Policy for ensuring clinical staff meet the CPD requirements of their professional and regulatory bodies; and • Staff handbook setting out terms and conditions of employment for staff. Page 10 of 18
  11. 11. 5.3 Pensions Potential Bidders who are non-NHS organisations should assume that their staff will not be able to participate in NHS pension and injury benefit arrangements. 5.4 Staff Transfers (TUPE) Some staff transfers from the existing provider to new provider may occur and where this involves significant staff numbers representing a material proportion of an undertaking, there may be staff transfers under TUPE. Where TUPE applies, the Code of Practice on Workforce Matters in Public Sector Service Contracts Guidance (Cabinet Office, March 2005) will apply. This means that staff transferring under TUPE should receive access to a pension scheme that is certified as “broadly comparable” with the NHS Pension Scheme by the Government Actuary’s Department (GAD). Whilst NHS Sefton anticipates that TUPE may apply, it is for the Bidders to establish to their own satisfaction whether TUPE applies or not. TUPE information provided by the current provider will be made available at the ITT stage. NHS Sefton gives no warranty as to the accuracy of any information provided. 5.5 Premises, Facilities Management, Equipment and Information Management and Technology Further details regarding the treatment and potential availability of premises, facilities management and equipment will be provided in the ITT. The Provider will be required to use a range of information systems and technology that integrates with existing and proposed systems operated by NHS Sefton. NHS SEFTON aims to implement EMIS web in the near future. Further details regarding the information management and technology aspects relating to this Service will be provided in the ITT. 5.6 Financial Standing At PQQ stage, Bidders will be requested to provide audited financial statements (Profit & Loss Account, Balance Sheet and Directors Report). Where audited financial statements are not available, Bidders will be requested to provide either unaudited financial statements or management accounts, containing as a minimum: profit and loss account; balance sheet; a management commentary including details of any significant contract wins; full details of any banking facilities agreed and available; and any other significant items that could impact on the Bidder’s profitability, liquidity or financial stability. At the ITT stage, Bidders may be required to provide additional financial information to assist in evaluation. NHS Sefton will also verify and analyse company status and performance by means of third party credit checks. Page 11 of 18
  12. 12. Copies of the Bidder’s current Employers Liability and Public Liability Insurance certificates will also be requested at this stage. 5.7 Performance Security It is expected that no performance security will be required from Providers for the Service Procurement. If this is required, details will be set out in the ITT. 5.8 Insurance A comprehensive and appropriate schedule of insurances that the Provider(s) will be required to hold in respect of the Service Procurement will be set out in the ITT. This will typically include public liability, corporate medical and malpractice and certain property cover. The insurance requirements will also require Providers to ensure that: • NHS Sefton’s interests are fully protected; • Members of the public utilising the services are fully protected to the extent that they have a valid claim against the Provider and / or NHS Sefton; and • The Provider maintains insurance which meets at least the minimum statutory requirements. Providers will be required to indemnify NHS Sefton against any claims that may be made against them arising from the provision of the services by the Provider. The Provider will be required to provide evidence that they have sourced appropriate (and sufficient) insurance or other arrangements. For the avoidance of doubt, this will include provisions for clinical negligence insurance covering all staff and operational risk in the facilities from which the Provider’s services are to be provided. 6 GOVERNANCE AND ADMINISTRATION 6.1 Procurement Costs Each Bidder will be responsible for its own costs incurred throughout each stage of the Community Dermatology Procurement process. NHS Sefton, NWCCA, the SHA and DH will not be responsible for any costs incurred by any Bidder or any other person through this process and has no liability. 6.2 Involvement NHS Sefton will lead on all local stakeholder engagement under the NHS Act 2006. 6.3 The Public Contract Regulations 2006 Page 12 of 18
  13. 13. The services to which this MOI relates fall within Part B of Schedule 3 to the Public Contracts Regulations 2006 (“the Regulations”) and Annex II B to Council Directive 2004/18/EC. Neither the inclusion of a Bidder selection stage nor the use of the term “Pre-Qualification Questionnaire" nor any other indication shall be taken to mean that NHS Sefton intends to hold themselves bound by any of the Regulations, save those applicable to Part B services. 6.4 Conflicts of interest In order to ensure a fair and competitive procurement process, all potential bidders are required to identify all actual or potential conflicts of interest that they may have, and that these are identified and resolved to the satisfaction of NHS Sefton. Potential Bidders should notify NHS Sefton, of any actual or potential conflicts of interest in their response to the PQQ. If the potential Bidder becomes aware of an actual or potential conflict of interest following submission of the PQQ it should immediately notify NHS Sefton via Bravosolutions. Such notifications should provide details of the actual or potential conflict of interest. If, following consultation with the potential Bidder or Bidders, such actual or potential conflict(s) are not resolved to the satisfaction of NHS Sefton, then NHS Sefton reserves the right to exclude at any time any potential Bidder or Bidders from the Service Procurement process should any actual or potential conflict(s) of interest be found to Page 13 of 18
  14. 14. confer an unfair competitive advantage on one or more potential Bidder(s), or otherwise to undermine a fair and competitive procurement process. 6.5 Non-collusion and Canvassing Each potential Bidder must neither disclose to, nor discuss with any other potential Bidder, or Bidders (whether directly or indirectly), any aspect of any response to any Service Procurement documents (including the PQQ and ITT). Each potential Bidder must not canvass or solicit or offer any gift or consideration whatsoever as an inducement or reward to any officer or employee of, or person acting as an adviser to, either the NHS or the DH in connection with the selection of Bidders or the Provider in relation to the Service Procurement. 6.6 Freedom of Information NHS Sefton is committed to open government and meeting their legal responsibilities under the Freedom of Information Act (FOIA). Accordingly, any information created by or submitted to NHS Sefton (including, but not limited to, the information contained in the MOI, PQQ or Scheme ITT and the submissions, bids and clarification answers received from potential Bidders) may need to be disclosed by NHS Sefton in response to a request for information. In making a submission or bid or corresponding with NHS Sefton at any stage of the Service Procurement, each potential Bidder and each Relevant Organisation acknowledges and accepts that NHS Sefton may be obliged under the FOIA to disclose any information provided to it: • Without consulting the potential Bidder or Bidders; or • Following consultation with the potential Bidder or Bidders and having taken its views into account. Potential Bidders must clearly identify any information supplied in response to the Community Dermatology PQQ or the ITT that they consider to be confidential or commercially sensitive and attach a brief statement of the reasons why such information should be so treated and for what period. Where it is considered that disclosing information in response to a FOIA request could cause a risk to the procurement process or prejudice the commercial interests of any potential Bidder or Bidders, NHS Sefton may wish to withhold such information under the relevant FOIA exemption. However, potential Bidders should be aware that NHS Sefton are responsible for determining at its absolute discretion whether the information requested falls within an exemption to disclosure, or whether it must be disclosed. Page 14 of 18
  15. 15. Potential Bidders should therefore note that the receipt by NHS Sefton of any information marked “confidential” or equivalent does not mean that they accept any duty of confidence by virtue of that marking, and that NHS Sefton has the final decision regarding the disclosure of any such information in response to a request for information. 6.7 Disclaimer The information contained in this MOI is presented in good faith and does not purport to be comprehensive or to have been independently verified. Neither NHS Sefton, NWCCA, the DH, nor any of their advisers accept any responsibility or liability in relation to its accuracy or completeness or any other information which has been, or which is subsequently, made available to any potential Bidder, Provider, Bidder Member, Clinical Services Supplier, financiers or any of their advisers, orally or in writing or in whatever media. Interested parties and their advisers must therefore take their own steps to verify the accuracy of any information that they consider relevant. They must not, and are not entitled to, rely on any statement or representation made by NHS Sefton, the DH or any of their advisers. This MOI is intended only as a preliminary background explanation of NHS Sefton’s activities and plans and is not intended to form the basis of any decision on the terms upon which they will enter into any contractual relationship. NHS Sefton reserves the right to change the basis of, or the procedures (including the timetable) relating to, the Service Procurement process, to reject any, or all, of the PQQ submissions and ITT bids, not to invite a potential Bidder to proceed further, not to furnish a potential Bidder with additional information nor otherwise to negotiate with a potential Bidder in respect of the Service Procurement. NHS Sefton shall not be obliged to appoint any of the Bidders and reserves the right not to proceed with the Service Procurement, or any part thereof, at any time. Nothing in this MOI is, nor shall be relied upon as, a promise or representation as to any decision by NHS Sefton in relation to this Service Procurement. No person has been authorised by NHS Sefton or their advisers or consultants to give any information or make any representation not contained in this MOI and, if given or made, any such information or representation shall not be relied upon as having been so authorised. Nothing in this MOI or any other pre-contractual documentation shall constitute the basis of an express or implied contract that may be concluded in relation to the Service Procurement, nor shall such documentation/information be used in construing any such contract. Each Bidder must rely on the terms and conditions contained in any contract when, and if, finally executed, subject to such limitations and restrictions that may be specified in such contract. No such contract will contain any representation or warranty in respect of the MOI or other pre-contract documentation. Page 15 of 18
  16. 16. In this section, references to this MOI include all information contained in it and any other information (whether written, oral or in machine-readable form) or opinions made available by or on behalf of NHS Sefton, the DH or any of their advisers or consultants in connection with this MOI or any other pre-contract documentation. GLOSSARY OF TERMS Term Description Bidder ; A single operating organisation/person that has been short-listed through the PQQ evaluation process and been invited to participate in the ITT stage and is bidding for one or more PCT Schemes Bidder Guarantor ;An organisation providing a guarantee, indemnity or other undertaking in respect of a Bidder’s or a Bidder Member’s obligations Bidder Member; A shareholder or member or proposed shareholder or member in, or controlling entity of, the Bidder and / or that shareholder’s or member’s or proposed shareholder’s or member’s ultimate holding company or controlling entity CPD; Continuing Professional Development Clinical Services Supplier; All suppliers providing clinical services which are the subject of the Contract including, but not limited to, primary medical care services Contract; A form of contract, as detailed further in paragraph 5, to be entered into between NHS Sefton and the Recommended Bidder for the provision of community based dermatology services DH; Department of Health EOI; Expression of Interest FOIA ;/ Freedom of Information Act The Freedom of Information Act 2000 and any subordinate legislation made under that Act from time to time, together with any guidance and / or codes of practice issued by the Information Commissioner, the Department of Constitutional Affairs, the Office of Government Commerce and the NHS in relation to such legislation or relevant codes of practice to which the DH and Sefton PCT is subject IM&T; Information Management and Technology ITT; Invitation to Tender Page 16 of 18
  17. 17. MOI; This Memorandum of Information setting out the details of the Scheme and the requirements of the Procurement NHS National Health Service PCT Scheme; The primary medical care services to be procured by a PCT, as detailed (by PCT Scheme) in paragraph 2 NWCCA; North West Collaborative Commercial Agency Sefton PCT Scheme ITT; An ITT that is specific to those primary medical care services set out in one or more PCT Schemes that a PCT wishes to procure and is sent to potential Bidders who have been short-listed following the PQQ stage Potential Bidder; A single operating organisation or person that is participating in the Procurement, but that has not at the relevant time been invited to respond to an ITT PQQ; Pre-Qualification Questionnaire Provider; The successful Bidder who has entered into a Contract with a PCT to provide the primary medical care services specified in the relevant PCT Scheme Relevant Organisation; An organisation(s) or person connected with a response to a PQQ and / or connected with a bid submission including (without limitation): ( i ) the potential Bidder; ( i i ) the Bidder; ( i i i ) the Provider; ( i v ) each Bidder Member; ( v ) each Bidder Guarantor; and ( v i ) each Clinical Services Supplier SHA; Strategic Health Authority Page 17 of 18
  18. 18. Appendix A Page 18 of 18

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