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Commercial Update
May 2016
Contents
Page Contents
3 Introduction
4 Commercial Update
16 Commissioner Updates
20 Provider Updates
24 Procurement & Contract Management
38 Contract Notices
41 Our Insights
45 Further Publications of Interest
Commercial Update – Introduction
Welcome to the second edition of the commercial update 2016 and the first edition in the
new financial year.
This edition contains updates and information including in relation to the various
programmes of work and policy changes including; sustainable transformation partnerships,
Vanguards, the Five Year Forward View, Better Care Fund, technology and innovation.
There is an important update in relation to the changes to the procurement regulations
which were fully implemented from April 2016. We also include an update on the Standard
NHS contract for 2016/17.
We have made the contract advert and notice section a regular feature and we are
launching another new feature: ‘Our Insights’ which we hope will be of interest to you; this
months articles focus upon the myths around competitive dialogue process, advice for
mobilising contracts and submitting compliant tenders.
Chris Walker
Director
Click to return to Contents Page
Commercial Update
The Government is investing £10billion into the NHS by 2020, endorsing the NHS
improvement plan and improving access to a free high quality health service.
The role of the Department Of Health (DOH) will be to set the direction and co-ordinate
action across the health and care system. Working with key partners namely Public Health,
the NHS and Adult Social Care to ensure that everyone has access to the health and care that
they need and supporting people to live their lives as independently as possible.
The DOH have made various commitments to providing the highest quality and most
compassionate health and care service in world; championing the power of patients and
public through a focus on safety, compassionate care and transparency.
The overall plan across the system is the integration of health and social care services by
2020 will embed more joined up care. Focusing upon prevention of poor health in addition
to treatment and continuing to pioneer and innovate to ensure that the NHS is world
leading.
https://www.gov.uk/government/publications/department-of-health-shared-delivery-plan-2015-to-2020/shared-delivery-plan-2015-to-2020
Department Of Health
Shared Delivery Plan 2015 to 2020
The achieve the ambitions set out in the plan, the health system must be a well led services
with reduced waste and assurance that public funds are being spent wisely. The plan
focuses on 10 key areas of delivery over the five year period:
1. Improving out-of-hospital care
2. Creating the safest, highest quality healthcare services
3. Maintaining and improving performance against core standards while achieving
financial balance
4. Improving efficiency and productivity of health and care system
5. Preventing ill health and supporting people to live healthier lives
6. Supporting research innovation and growth
7. Enabling people and communities to make decisions about their own health and care
8. Building and developing workforce
9. Improving services through the use of digital technology, information and transparency
10. Delivering efficiently: Supporting the system more effectively
https://www.gov.uk/government/publications/department-of-health-shared-delivery-plan-2015-to-2020/shared-delivery-plan-2015-to-2020
Department Of Health
Shared Delivery Plan 2015 to 2020
Sustainability and Transformation Plans
Outlined within the 2016/17 – 20/21 NHS shared
planning guidance is a new approach to helping
ensure that health and care services are planned by
location rather than individual institutions.
Therefore, in addition to the individual operating
plans for 2016/17, every health and care system will
work together to produce a Sustainability and
Transformation Plan (STP).
The plan will outline how local services will evolve and
become sustainable over the next five years thus
delivering the vision out lined within the Five Year
Forward View.
In order to achieve this, local health and care systems
will come together in STP footprints to reduce the
gaps in the quality of care, the health and well being
of their population and NHS finances.
Sustainability and Transformation Plans
44 STP footprints were announced in March 2016 along with the senior figures who will be
leading on the STP work within their footprint areas.
It was reported within a press statement on 30th March 2016, that the leaders are from a
mix of backgrounds and include; provider chief executives, CCG accountable officers, local
authority senior leaders and clinicians who all recognise the need for local systems to work
in partnership.
A letter has been issued to national health and care systems outlining;
• Additional information about the purpose of the STPs;
• An early indication of the support package for developing the plans;
• A timeline for the STP process, including key dates when STP footprints will be asked to
feedback ahead of full consideration plans in June/July 2016.
Further information in relation to STPS, the footprints and leading figures can be found via
the link below:
https://www.england.nhs.uk/ourwork/futurenhs/deliver-forward-view/stp/
Putting Vanguard Plans Into Practice
As part of the vanguard dissemination programme of work, a number learning
opportunities will be shared through podcasts, films and blogs. The first of the podcasts is
an extract which was recorded in 2015 at the NHS Providers annual conference and
exhibition: Putting Vanguard plans into practice.
The conversation was facilitated by the NHS Providers director of policy and strategy, with
the speakers being Chief Executives of Lancashire Care NHS Foundation Trust and
Morecambe Bay NHS Trust. The podcast outlines the Trusts views on the motivations and
challenges in relation to establishing new approaches to the delivery of care and the
changes that are required to implement real improvements for communities.
Both Trusts are involved in the Better Care Together vanguard which is one of nine
integrated primary and acute care systems that are being piloted in England.
https://www.nhsproviders.org/news-blogs/news/putting-vanguard-plans-into-practice
Putting Vanguard Plans Into
Practice – Podcasts
The second of the podcasts shares the learning and challenges in delivering the Solihull
Together for Better Lives urgent and emergency care vanguard. The vanguard aims to
improve services by creating a whole system approach to care and support with a co-
production approach that involves the people using services in addition to their families
and careres.
The resources were launched in February 2016 and are aimed at health and care staff,
patients and the public. The fact sheets explore the five types of care models the
vanguards fall under and also showcase some of the innovative work that is taking place
across the country and therefore making a difference to peoples lives.
http://www.nhsconfed.org/news/2016/02/vanguards-summed-up-and-explained
https://www.nhsproviders.org/news-blogs/news/delivering-urgent-and-emergency-care-vanguards
In addition to the podcasts and with March 2016 marking a year
since the first wave of vanguards were announced, a suite of
factsheets and an animation in relation to what the sites are
working on and what patient communities across the country
can expect.
Better Care Fund: How it will work in
2016/17
Published by the Department Of Health on 8th January 2016, The Better Care Fund: How it
will work in 2016/2017 document sets out how the Better Care Fund will be implemented
during 2016/2017.
The document focuses upon the following issues:
• The legal and financial basis of the fund
• Conditions of access to the fund
• National Performance metrics
• The assurance and approval process
The document should not be read in isolation but read alongside:
https://www.gov.uk/government/publications/better-care-fund-how-it-will-work-in-2016-to-2017
The Governments mandate to NHS England for 2016/17
https://www.gov.uk/government/publications/nhs-
mandate-2016-to-2017
Better Care Fund Planning Guidance
https://www.england.nhs.uk/ourwork/part-
rel/transformation-fund/bcf-plan/
Capitation: Supporting New Models
of Care
During a conference in Leeds in January 2016 Monitor (now part of NHS Improvement) in
collaboration with NHS England outlined the work being undertaken nationally to develop a
standard process for creating capitated payments / budgets for the new care models.
Outlined below is a brief synopsis from the event:
• There is an expectation that vanguards implement whole population budgets from April
2017 and this will be based upon the registered practice list;
• During 2016/17 there is the expectation to implement shadow capitated budgets;
• A forecasting tool will be made available from NHS England to develop the capitated
budget;
• The expected time line from NHS England is as follows:
• 01-2016 - Put in place enablers and calculate shadow budget
• 04-2016 - Monitoring to understand spend against shadow budget
• 09-2016 - Commissioning intentions issued to providers
• 09-2016 - Full shadow testing
• 04-2017 - ‘Go live’ contract in place using whole population budget.
The Digital Revolution
Examples of innovative technology that are being used within the NHS has been
explored by the King’s Fund. The article published in January 2016 explores the
technologies that most likely to change health and care over the coming years, some of
which are already available within surgeries and hospitals and others are on the
horizon.
The article explores eight technologies with each of the technologies explored having
the potential to represent an opportunity to achieve better outcomes and more
efficient care for patients:
The smart phone
At Home or
portable diagnostics
Digital Therapeutics
Smart or
implantable drug
delivery mechanisms
Genome Sequencing
The Digital Revolution
http://www.kingsfund.org.uk/publications/articles/eight-technologies-will-change-health-and-care
Machine learning Blockchains
Connected Community
The report concludes that with the development of new technologies there will be
opportunities for the health and care system with new ways to prevent, predict, detect and
treat illnesses.
There is an acknowledgement within the report that such opportunities will also present
challenges and more evidence is required in relation to the cost and benefits of delivery.
A digital health and care conference will be hosted by the King’s Fund on 5th and 6th
July 201 , in London:
http://www.kingsfund.org.uk/events/digital-health-and-care-congress-2016
At the Heart Of Health
Within the report are three dimensions that demonstrate the benefits of such an approach:
http://www.nesta.org.uk/publications/heart-health-realising-value-people-and-communities
Mental and physical
health and wellbeing
NHS Sustainability
Wider Social
Outcomes
It intended that the report will be a practical resource to support the work being
undertaken by commissioners, providers, communities and those seeking to empower
individuals and communities in their health and care.
A report written by the Health Foundation and Nesta explores, the value
of people and communities at the heart of health in response to the Five
Year Forward View.
The key findings of the report highlight that person and community
centered approaches for health and wellbeing have significant
potential to improve outcomes for individuals, support development of
strong resilient communities and assist with the reduction of demand
on health and social care services.
Commissioner Updates
Delivering a Healthier Future
Published in January 2016, the Delivering a Healthier Future report identifies how CCGs
are leading the way on prevention and early diagnosis.
The report which follows on from the Taking the lead and Leading local Partnerships
report demonstrates that CCGs are increasingly driving change across their local health
care economies.
The case studies included within the report focus upon prevention and early diagnosis
and outline that even in challenging times CCGs are bringing together all key
stakeholders within their jurisdiction to establish what their local populations require
and how it can be achieved.
The studies focus outline how CCGs are:
• Taking the lead in preventing illness and the cause of ill health – and working to keep
people out of hospital where possible;
• Helping to ensure that people are diagnosed earlier and given the support that they
need
• Working across boundaries to build on what people want and need to
help then lead longer healthier lives
Delivering a Healthier Future
The projects outlined within the report are not isolated examples and there is vast
amount of work being undertaken across the country, however, the authors of the
report believe that the case studies demonstrate the value of clinically led
commissioning and show how CCGs are building relationships, reshaping service
provision and making a difference for local communities.
Some of the programmes included within the report include:
Helping people who do not normally access
healthcare services to receive care for example
flu vaccinations
The use of social prescribing to build on patients
strengths to improve health and wellbeing
Prevention of premature mortality Diabetes prevention and support
Peer educators to improve cancer awareness Prevention of hospital admissions for people
with COPD
Earlier diagnosis and prevention of HIV and AIDS Focus on atrial fibrillation in stroke prevention
Building resilient communities to live longer and
healthier lives
Reduction in A&E Attendance and admissions
http://www.nhscc.org/latest-news/delivering-a-healthier-future/
Commitment to Transformation of
Mental Health Care
There has been a commitment from the NHS in England to the biggest transformation of
mental health care across the NHS in a generation with a pledge to help more than a
million additional people with an investment of more than a billion pounds a year by
2020/21.
The commitment is following the publication of the final report on an independent
taskforce which is chaired by the Chief Executive of mind, set up as part of the five year
forward view.
The report provides an assessment of the state of the current mental health care across the
NHS. It highlights that one in four people will experience a mental health problem in
their lifetime and the cost of mental ill health is £105 billion a year.
Within the wide ranging suite of recommendations a three
pronged approach to improving care through; prevention, expansion of
Care, such as, seven day a access in a crisis; and integrated physical and mental health care
is outlined.
https://www.england.nhs.uk/2016/02/fyfv-mh/
Provider Updates
Operational Productivity and Performance
in English NHS Acute Hospitals
The final report written by Lord Carter of Coles sets out how non-specialist acute hospital
trusts can reduce unwarranted variation in productivity and efficiency to save the NHS £5
billion each year by 2020/2021.
The review undertaken by Lord Carter examined productivity within hospitals using a series
of metrics and benchmarks to enable comparison. The report which builds on the findings
of the interim report published in June 2015 concludes that there are significant
unwarranted variation across the main resource areas and that even though there are many
areas and examples of good practice there is not a single hospital that is good at everything.
https://www.gov.uk/government/publications/productivity-in-nhs-hospitals
The report outlines that the variation is worth £5 billion in terms of
efficiency opportunity which equates to a potential contribution of
at least 9% on the £55.6 billion that is spent by the acute hospitals.
There are 15 recommendations within the report that are designed
to tackle the variation and to help the trusts to improve their
performance.
Implementing The Forward View –
Supporting Providers To Deliver
The report published in collaboration by Monitor, TDA, NHS England, Public Health and the
Care Quality Commission outlines the key priorities for NHS provider organisation in delivering
high quality health and care during 2016 and beyond.
Targeted at NHS provider organisations the report forms part of a series of planned roadmaps
that draw on messages from the NHS shared planning guidance, setting out key priorities for
the organisations responsible for the delivery of high quality health and care this year and
beyond.
The roadmaps reflect a shared vision about the challenges ahead for the
health and care sector as outlined within the Five Year Forward View.
Also outlining the choices that are faced in relation to the types of health
and care services that will be required in 2020.
The report focuses upon; the challenges and changes ahead, a description
of coherent sets of activities or NHS providers in the coming years, showcasing how providers
across the country are beginning to deliver the activities and outlining the support that
providers can expect from NHS Improvement.
https://www.gov.uk/government/publications/implementing-the-forward-view-supporting-providers-to-deliver
NHS England Review Of Uniting
Care Contract
In January 2016 NHS England commissioned an initial independent review to establish the
circumstances which led up to the termination of the contract between Cambridgeshire and
Peterborough Clinical Commissioning Group and Uniting Care Partnership (UCP) LLP.
The review in relation to the contract which was in place from 01 April 2015 to 03 December
2015 was conducted from a commissioning perspective, with the scope of the work including
a review of any relevant documentation and discussions with key members of staff thus
assisting with the identification of the contributory factors and root causes that led to the
contract being terminated.
The report which was published April 2016 identifies specific and also wider lessons learned
with recommendations for further action to be taken by NHS England and Clinical
Commissioning Groups (CCGs).
NHS England will be commissioning a further review to investigate specific areas including;
the role of external advisors, the gateway review process and the role of the CCG executive
leadership and Governing Body throughout the both the procurement process and
contract period.
https://www.england.nhs.uk/mids-east/our-work/uniting-care/
Procurement & Contract Management
NHS Standard Contract
The following documentation has now been published in relation to
the NHS Standard Contract for 2016/2017:
• NHS Standard Contract 2016/17, comprising Particulars, Service Conditions, General
Conditions
• Template Service Development and Improvement Plan in relation to Provider
performance against Sustainability and Transformation Fund performance trajectories
and assurance statements
• NHS Standard Contract 2016/17 Technical Guidance (the executive summary of this
provides an overview of the key changes which have been made in response to
consultation feedback)
• Sanctions reporting template
• NHS shorter-form Contract 2016/17, comprising Particulars, Service Conditions, General
Conditions
• NHS Standard Contracts 2016/17 equality impact analysis
https://www.england.nhs.uk/nhs-standard-contract/
NHS Standard Contract
A number of additional documents will be published shortly including:
• NHS shorter-form Contract 2016/17 user guide
• NHS Standard Contract 2016/17 Delta View comparison documents
• Guidance on national variations to existing 2013/14, 2014/15, 2015/16 contracts and
national variation agreement
• Guidance on the variations process and contract variation agreement
• Pro forma contract management forms and change in control notification
The following documentation has also been published and can be located by following the
link provided:
ttps://www.england.nhs.uk/nhs-standard-contract/16-17/ 016/17 webpage
CQUIN Guidance https://www.england.nhs.uk/nhs-standard-contract/cquin/
Dispute Resolution
Guidance
https://www.england.nhs.uk/ourwork/futurenhs/deliver-
forward-view/
2016/17 National Tariff https://www.gov.uk/government/publications/nhs-national-
tariff-payment-system-201617
Public Contracts Regulations 2015
Overview
On the 18th April 2016 services procured by NHS England or CCGs covered by the
Procurement, Patients Choice & Competition (No2) (Regulations) became bound to comply
with the revised Public Contracts Regulations which were implemented on 26th February
2015. Outlined within the following slides are some of the changes that will apply to such
procurements.
Under the Public Contract Regulations (PCR) 2015 the following processes can be used:
Within the 2015 regulations, service procurements will be will be undertaken via a “light
touch” or “non light touch” regime.
Open
(Regulation 27)
Restricted
(Regulation 28)
Competitive
Procedure With
Negotiation
(Regulation 29)
Competitive
Dialogue
(Regulation 30)
Innovation
Partnership
(Regulation 31)
Negotiated
procedure without
Prior Publication
(Regulation 32)
Framework
Agreements
(Regulation 33)
Public Contracts Regulations 2015
The Light Touch Regime
The Light Touch Regime replaces Part B Services (Public Contract Regulations 2006) and the
threshold has increased to £589,148 (total contract value). Where a light touch process is
undertaken the 2015 Regulations simply state that all time limits imposed on bidders must be
reasonable.
When undertaking a process in line with the light touch regime there are limited obligations in
relation to the award of the contract. The obligations include:
• The publication of a contract notice or prior information notice (PIN)
• An award procedure that is compliant with the principles of equal treatment and transparency
• A contract awarded in line with the advertised procedure
• Time lines that are reasonable and proportionate
Commissioners are also able to choose to follow the specific procedures set out in the new
Regulations, or use variations.
There is also a discretion for Commissioners to design their own appropriate procurement
procedures as long as these are in keeping with EU principles such as: transparency,
proportionality and equal treatment of suppliers.
Public Contracts Regulations 2015
Above Threshold / Non Light Touch Regime
Where the services being procured are above the threshold (non “light
touch”) there is now a mandatory requirement to publish Contract
Notices via the Official Journal of European Union (OJEU).
Prior to the implementation of the 2015 regulations Contracting
Authorities were permitted to publish on Contracts Finder only.
Therefore the requirement to publish via OJEU is a fundamental change in practice for
Commissioning Organisations.
In addition to the requirement to publish the Contract Notice via
OJEU, there has been a change to the timelines for the procedures,
the revised timelines are outlined on the following page of this
commercial update.
Public Contracts Regulations 2015
Normal Minimum Time
If Electronic Tendering is used as part of
the Procurement Process
Where PIN is published (Sent for
publication between 35 days and 12
months before Contact Notice is Sent)
Open Procedure – Minimum time limit for
receipt of tenders 35 days
Open Procedure – Minimum time limit for
receipt of tenders in 30 days
Open Procedure - Minimum time limit for
receipt of tenders is 15 days
Restricted Procedure – Minimum time limit
for Request to participate 30 days _
Restricted Procedure – Minimum time limit
for Request to participate 30 days
Restricted Procedure – Minimum time limit
for receipt of tenders 30 days
Restricted Procedure – Minimum time limit
for receipt of tenders 25 days
Restricted Procedure – Minimum time limit
for receipt of tenders 10 days
Competitive Procedure with Negotiation
and Innovation Partnerships - Minimum
time limit for request to participate 30 days _
Competitive Procedure with Negotiation
and Innovation Partnerships - Minimum
time limit for request to participate 30 days
Competitive Procedure with Negotiation
and Innovation Partnerships - Minimum
time limit for receipt of initial tenders 30
days
Competitive Procedure with Negotiation
and Innovation Partnerships - Minimum
time limit for receipt of initial tenders 25
days
Competitive Procedure with Negotiation
and Innovation Partnerships - Minimum
time limit for receipt of initial tenders 10
days
Competitive Dialogue – Minimum time
limit for requests to participate 30 days
_ _
No explicit time limits for submission of
initial/subsequent tenders
_ _
Timelines (Non Light Touch)
Public Contracts Regulations 2015
Electronic Procurement
The 2015 regulations state the all documents must be transmitted in electronic form and all
correspondence with the organisations bidding within the tender process must be
undertaken electronically.
All procurement documents must be made fully available through an restricted and direct
mechanism with no cost to bidders to access. The documents must also be available from
either the date the OJEU notice or invitation to confirm interest is published.
The documents to be published will include the Service Specification, Contract Terms &
Conditions, Evaluation Criteria and draft ITT which will therefore require
more preparation time to be built into the tender timetable.
It will also be a requirement from 2017 or 2018 (this is still to be
determined), Contracting Authorities will be required to use e-Certis
(an online certificates database) when running the selection process,
as well as a new European Single Procurement Document which will evidence that there
are no grounds for excluding a supplier.
Public Contracts Regulations 2015
Reporting and Retention Requirements
Under the 2015 Regulation the reporting and recording obligations for Contracting
Authorities are more extensive, with the new requirements including:
• A written report including all of the key information in relation to the process for all
contract and framework awards;
• The report must be retained on file and may be requested in its entirety or in part by
the European Commission and/or the Cabinet Office;
• The report must include the following information:
• Name & Address of Contracting Authority
• Subject matter of the contract
• Contract value
• Names of bidders rejected at PQQ stage
• Reasons for each bidder being rejected
• Name(s) of selected bidder(s)
• Reasons why successful tender(s) was successful
Public Contracts Regulations 2015
Reporting and Retention Requirements
• Share of any contract intended to be sub-contracted to third parties
• Conflicts of interest identified
• How any Conflicts of interest were resolved
There is also a requirement to retain all concluded contracts where the contract value
exceeds €1 million (supplies or services) and in order to grant access to these the Cabinet
Office has reserved itself a right to request information beyond the scope of that listed in
the Regulation contracts if requested subject data protection rules.
Public Contracts Regulations 2015
There are many more updates in relations to the regulations and the full regulations
plus any amendments since their publication in February 2015 can be located via the
following links:
The full Public Contract Regulations 2015
can be accessed via the following link:
http://www.legislation.gov.uk/uksi/2015/102/contents/made
In March 2016, amendments were made to
the regulations by Parliament , therefore
the full regulations should now be read in
conjunction with the amendments as
outlined within the: The Public
Procurement (Amendments, Repeals and
Revocations) Regulations 2016:
http://www.legislation.gov.uk/uksi/2016/275/made
Procurement Policy Guidance Notes
& Reports
Title Synopsis Link
29/10/2015 to 26/01/2016
Negotiating for the public
Sector
A six part series by Public Spend Matters on the role of
negotiation in public procurement and contract
management
http://public.spendma
tters.eu/2015/10/29/n
egotiation-for-the-
public-sector-part-1-
why-does-it-matter/
01/2016
Complying with international
obligations
This PPN sets out contracting authorities’ international
obligations when letting public contracts. It makes clear
that boycotts in public procurement are inappropriate,
outside where formal legal sanctions, embargoes and
restrictions have been put in place by the UK
Government.
https://www.gov.uk/g
overnment/publication
s/procurement-policy-
note-0116-complying-
with-international-
obligations
05-06/01/2016
Are Frameworks doing their
Job?
The Spend matters article considers the pros and cons of
pubic sector frameworks
http://spendmatters.c
om/uk/are-
frameworks-doing-
their-job-part-1-
comensura-for-jan/
Procurement Policy Guidance Notes
& Reports
Title Synopsis Link
06/01/2016
Commission further simplifies
procurement across the EU
The European commission has adopted the European
single procurement document that will reduce the
administration burden for companies in particular SME’s.
http://ec.europa.eu/gr
owth/tools-
databases/newsroom/
cf/itemdetail.cfm?item
_id=8611&lang=en
07 / 01/2016
Public procures learn how to
spot bid rigging
A new learning package is being launched will enable
pubic procurers to spot and prevent bid-rigging and save
taxpayer money.
https://www.gov.uk/g
overnment/news/publi
c-procurers-learn-how-
to-spot-bid-rigging
08 /02/2016
Public Accounts Committee:
Follow-up on Transforming
contract management inquiry
A session was held on 8th February 2016 by the Public
Accounts Committee following their inquiry into
transforming contract management
http://www.parliamen
t.uk/business/committ
ees/committees-a-
z/commons-
select/public-accounts-
committee/inquiries/p
arliament-2015/follow-
up-contract-
management-15-16/
Procurement Policy Guidance Notes
& Reports
Title Synopsis Link
09/02/2016
NAO Report: Investigation into
the acceptance of gifts and
hospitality
A report by the National Audit Office in relation to the
acceptance of gifts / hospitality in UK central government
https://www.nao.org.u
k/report/investigation-
into-the-acceptance-
of-gifts-and-
hospitality/
09-11/02/2016
Suppliers Who Fail to Deliver –
A public procurement dilemma
Tips on avoiding and mitigating risks around poor
contract performance by inexperienced suppliers by
Public Spend matters
http://public.spendma
tters.eu/2016/02/09/s
uppliers-who-fail-to-
deliver-a-public-
procurement-
dilemma/
11/02/2016
Benchmarking Public
Procurement 2016
Benchmarking Public Procurement 2016: Assessing Public
Procurement Systems in 77 Economies is a report that
has been released by the world bank which assesses
worldwide public procurement.
https://openknowledg
e.worldbank.org/handl
e/10986/22649
Contract Notices
Organisation Service(s) Approach Status
West London
Clinical
Commissioning
Group (CCG)
Community MSK Services
Contract value £8.0m – £12m
Open procedure used. Available to all
suppliers
Currently being
evaluated
Surrey and
Borders
Partnership NHS
Trust
Diagnostic Imaging,
Radiotherapy and Cardiology,
and consultancy services
Contract value £100k – £500m
Restricted procedure used to establish
a Framework agreement. Pre
Qualification Questionnaire (PQQ) open
to all suppliers and Invitation to Tender
(ITT) documents released to qualified
suppliers.
PQQ being
evaluated
Staffordshire
County Council
The Mental Health Social
Inclusion and recovery contract
will be for the delivery of a
range of mental health services
to Adults within the Contract
Area based on the recovery
approach, co-production and
social inclusion principles taking
a whole systems approach
within the community.
Contract value £5.0m – £5.7m
Open procedure used to establish a
Framework agreement. Invitation to
Tender (ITT) documents released to
suppliers with a closing date of 20th
April
Currently still
live
Contract Notices
Organisation Service(s) Approach & Contract Access Award Date, Value and
Length
Tower Hamlets CCG Health and social work
services:-
Teledermatology and 1
Stop Assessment and
Treatment Services
(OATS)
This was an Open Procedure led by
North and East London Commissioning
Support Unit (CSU) on behalf of Tower
Hamlets CCG, it is a direct contract.
This contract was awarded to DMC
Healthcare Ltd
Award Date:
01/04/2016
Value: £847m
NHS Northern
Eastern and
Western Devon CCG
and South Devon
and Torbay CCG
Non Emergency Patient
Transport Service
This was a restricted Procedure, It is a
direct contract. This contract was
awarded to First Care Ambulance Ltd
Award Date:
08/03/2016
Value: £13m
Contract Length: 3
years
Stoke-on-Trent City
Council
Integrated Sexual Health
Services
HIV and Sexual health
level 2 and 3 and
support the
development and
delivery of level 1 and 2
services within general
practice
This will be a service contract and
tendered under an open procedure
through OJEU. This is a direct contract.
This contract was awarded to
Staffordshire and Stoke-on-Trent
Partnership NHS Trust
Award Date:
28/01/2016
Value: £59m
Contract Length: 6
Years
Contract Award Notices
Our Insights
Competitive Dialogue – Myth Busting
NHS procurement remains and enabler to achieve excellence, value for money and
improvement for commissioned services, particularly using creative approaches.
Competitive dialogue is a formal procurement procedure which allows a buying
organisation to enter into dialogue with multiple bidders following a contract notice and
selection process to develop one or more suitable solutions for its requirements and to
determine which chosen bidder(s) will be invited to tender.
The article written by the Attain Commercial Team examines four myths that exist around
the competitive dialogue process:
• Myth #1 Competitive Dialogue is a slow and cumbersome process
• Myth #2 Isn’t dialogue just about negotiating price?
• Myth #3 The market does not understand Competitive Dialogue
• Myth #4 The Public Contract Regulations 2015 are too unwieldly and afford no
flexibility
The full article can be accessed via the link below:
http://www.attain.co.uk/competitive-dialogue-myth-busting/
Contract Mobilisation
As an organisation you may have undertake a procurement process or a collaborative
piece of work to agree a new model of care and have reached the point where it is
time to bring the model to life and start delivering outcomes for the people accessing
the services.
This mobilisation period is a critical period with the successful implementation of a
new service setting the tone for effective, long standing relationship. The contract
mobilisation article provides insight into the following key areas:
• What is mobilisation
• The fundamentals of mobilisation
• Top tips for mobilisation
• The next challenge
The article also includes a mobilisation case study and can be accessed via the link below:
http://www.attain.co.uk/complex-service-mobilisation-and-the-key-steps-to-success/
Tips On Writing A
Comprehensive Tender
You have found a great opportunity for your business and your instinct is that your
organisation can deliver what the commissioner needs, however there are many hurdles
before you are able to secure the contract.
The article published by Attain providers some aspects to consider when applying to
provide services which help organisations stand out. The link to the full article is
included below however the key elements covered include:
• Being prepared
• Understanding the requirements
• Creating a compelling response
• The commercial offer
• Polishing the response
• Insights to evaluations
• Learning from the opportunity (if successful or not)
http://www.attain.co.uk/tips-for-writing-a-comprehensive-tender-response/
Further Publications Of Interest
Further Publications of Interest –
CCGs
Title Synopsis Link
Delivering a healthier
future: how CCGs are
leading the way on
prevention and early
diagnosis
A report that outlines a range of case studies from across the
Country . The case studies identify the difference clinically led
commissioning is making with the projects focusing upon
prevention and early diagnosis.
http://www.nhscc.org/latest-
news/delivering-a-healthier-future/
Collaborative
Healthcare
Published by Inclusive change the guide sets out examples
which illustrate how CCGs and Health and wellbeing boards
can commission intervention supporting the principles of
collaborative care, individual choice and control and patient an
public participation.
http://www.thinklocalactpersonal.org.uk/_lib
rary/Reports/Collaborative_healthcare_-
IC_final_1.pdf
CCG Commissioning
for Value packs
The CCG Commissioning for value packs have been refreshed
by NHS England and Public Health England. The information
contained in the packs and an online tool is presonalised for
each of the CCGs.
The pack will enable the CCGs to focus upon the opportunities
which have the potential to provide the biggest improvements
in health outcomes, resource allocation and reducing
Inequalities.
https://www.england.nhs.uk/resources/resou
rces-for-ccgs/comm-for-value/
Further Publications of Interest –
Acute Hospitals
Title Synopsis Link
A zero Cost way to
reduce missed
hospital appointments
The Department of Heath has published the outcome of a trial
designed to test the effectiveness of the reminder message
sent to outpatients.
The report examines sending patients a standard message
regarding their appointment and messages that detail the cost
implications of the missed appointment.
https://www.gov.uk/government/publication
s/reducing-missed-hospital-appointments-
using-text-messages/a-zero-cost-way-to-
reduce-missed-hospital-appointments
Acute Hospital
Productivity
The Health Foundation has published the Acute Hospital
productivity briefing. The report is an analysis of acute
hospital productivity between 2009/10 and 2014/15.
http://www.health.org.uk/publication/acute-
hospital-productivity
Winter Pressures:
what is going on
behind the scenes
Quality watchdog is a joint Nuffield Trust and Health
foundation research programme. In the latest analysis
undertaken by the programme they track performance across
29 different indicators over the past five years, shining the light
on the pressure hospital services experience during the winter.
http://www.nuffieldtrust.org.uk/publications
/winter-pressures-whats-going-behind-scenes
Further Publications of Interest –
Primary Care & Pharmacy
Title Synopsis Link
General Practice
Nursing in the 21st
Century: A time of
opportunity
The Queens Nursing Institute launched in January 2016 a new
report in relation t o the General Practice Nursing profession.
The report is based on the outcome of survey that was
undertaken and completed by 3,400 general practice nurses
during 2015 and summarizes the key challenges affecting the
profession.
http://www.qni.org.uk/news/235
Community Pharmacy
2016/2017 and
beyond
The Department of Health has published the document in
addition to the letter published in December 2015.
The document provides further detail in relation to the
ongoing consultation process and sets out the proposals
information on better integration n of community pharmacy
into primary care.
https://www.gov.uk/government/publication
s/putting-community-pharmacy-at-the-heart-
of-the-nhs
Reducing Antibiotic
prescribing
A trial which involved over 1,500 GP practices found that
writing to GPs concluded that by writing to GPs in relation to
their prescribing resulted in a 3/3% reduction in prescriptions
over a 6 month period.
The trial is also part of the governments plans to slow the
growth of antimicrobial resistance to antibiotics.
https://www.gov.uk/government/news/unne
cessary-antibiotics-prescriptions-reduced-in-
new-trial
Further Publications of Interest –
NHS & Public Health
Title Synopsis Link
How is the NHS
performing?
The report published by the Kind’s Fund in February 2016 outlines the latest
quarterly monitoring report.
http://www.kingsfund.org.
uk/publications/articles/h
ow-nhs-performing-
february-2016
Public Health
Transformation
The Local Government Association has published Public Health Transformation
Three ears on: extending influence to promote health and wellbeing.
The document contains case studies that outline how Local authorities continue to
make progress in relation to the improvement of health and wellbeing and
tackling health inequalities since public health was formally transferred from the
NHS in April 2013.
http://www.local.gov.uk/
web/guest/publications/-
/journal_content/56/1018
0/7660767/PUBLICATION
Screening programme
improvements
Following its last meeting the e UK National Screening Committee has published
eleven recommendations which include improvements to the existing
programmes.
https://www.gov.uk/gover
nment/news/uk-nsc-
recommendations-include-
new-bowel-cancer-
screening-test
Further Publications of Interest –
Specialties
Title Synopsis Link
Cardiovascular Health
Check
Published in January 2016,; “The NHS Healthcheck in England: and evaluation of
the first 4 years” outlines the outcome of a study of the introduction of routine
structured cardiovascular check with support for changes in behavior for those
patients that are high risk, treatment of risk factors and comorbidity that is newly
identified.
http://bmjopen.bmj.com/c
ontent/6/1/e008840.full
Obesity Prevention Two documents have been released:
Ending childhood obesity – makes recommendations for governments aimed at
reducing the rising trend of children aged under 5 years becoming over weight and
obese.
Tipping the Scales: why preventing obesity makes economic sense is a report by
the UL Health Forum and Cancer Research UK. The report focusing on prevention
trough taxation of sugary drinks and changes to advertising
http://www.who.int/end-
childhood-
obesity/news/launch-final-
report/en/
http://www.ukhealthforu
m.org.uk/who-we-are/our-
work/ukhf-whats-
new/?entryid70=54573
Learning Disabilities
Transforming Care
Time For Change: the challenge ahead has been published by Sir Stephen Bubb
who has undertaken a review of care for people with learning disabilities.
The prime recommendation within the report is for the Government is appoint a
Learning Disabilities commissioner to champion and protect rights and reform.
https://www.acevo.org.uk
/news/winterbourne-view-
time-change-report-launch
For Further Information, please contact:
Chris Walker - Director
Email : chris.walker@attain.co.uk
Mobile: 07931 441 766

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Commercial update May 2016 final

  • 2. Contents Page Contents 3 Introduction 4 Commercial Update 16 Commissioner Updates 20 Provider Updates 24 Procurement & Contract Management 38 Contract Notices 41 Our Insights 45 Further Publications of Interest
  • 3. Commercial Update – Introduction Welcome to the second edition of the commercial update 2016 and the first edition in the new financial year. This edition contains updates and information including in relation to the various programmes of work and policy changes including; sustainable transformation partnerships, Vanguards, the Five Year Forward View, Better Care Fund, technology and innovation. There is an important update in relation to the changes to the procurement regulations which were fully implemented from April 2016. We also include an update on the Standard NHS contract for 2016/17. We have made the contract advert and notice section a regular feature and we are launching another new feature: ‘Our Insights’ which we hope will be of interest to you; this months articles focus upon the myths around competitive dialogue process, advice for mobilising contracts and submitting compliant tenders. Chris Walker Director Click to return to Contents Page
  • 5. The Government is investing £10billion into the NHS by 2020, endorsing the NHS improvement plan and improving access to a free high quality health service. The role of the Department Of Health (DOH) will be to set the direction and co-ordinate action across the health and care system. Working with key partners namely Public Health, the NHS and Adult Social Care to ensure that everyone has access to the health and care that they need and supporting people to live their lives as independently as possible. The DOH have made various commitments to providing the highest quality and most compassionate health and care service in world; championing the power of patients and public through a focus on safety, compassionate care and transparency. The overall plan across the system is the integration of health and social care services by 2020 will embed more joined up care. Focusing upon prevention of poor health in addition to treatment and continuing to pioneer and innovate to ensure that the NHS is world leading. https://www.gov.uk/government/publications/department-of-health-shared-delivery-plan-2015-to-2020/shared-delivery-plan-2015-to-2020 Department Of Health Shared Delivery Plan 2015 to 2020
  • 6. The achieve the ambitions set out in the plan, the health system must be a well led services with reduced waste and assurance that public funds are being spent wisely. The plan focuses on 10 key areas of delivery over the five year period: 1. Improving out-of-hospital care 2. Creating the safest, highest quality healthcare services 3. Maintaining and improving performance against core standards while achieving financial balance 4. Improving efficiency and productivity of health and care system 5. Preventing ill health and supporting people to live healthier lives 6. Supporting research innovation and growth 7. Enabling people and communities to make decisions about their own health and care 8. Building and developing workforce 9. Improving services through the use of digital technology, information and transparency 10. Delivering efficiently: Supporting the system more effectively https://www.gov.uk/government/publications/department-of-health-shared-delivery-plan-2015-to-2020/shared-delivery-plan-2015-to-2020 Department Of Health Shared Delivery Plan 2015 to 2020
  • 7. Sustainability and Transformation Plans Outlined within the 2016/17 – 20/21 NHS shared planning guidance is a new approach to helping ensure that health and care services are planned by location rather than individual institutions. Therefore, in addition to the individual operating plans for 2016/17, every health and care system will work together to produce a Sustainability and Transformation Plan (STP). The plan will outline how local services will evolve and become sustainable over the next five years thus delivering the vision out lined within the Five Year Forward View. In order to achieve this, local health and care systems will come together in STP footprints to reduce the gaps in the quality of care, the health and well being of their population and NHS finances.
  • 8. Sustainability and Transformation Plans 44 STP footprints were announced in March 2016 along with the senior figures who will be leading on the STP work within their footprint areas. It was reported within a press statement on 30th March 2016, that the leaders are from a mix of backgrounds and include; provider chief executives, CCG accountable officers, local authority senior leaders and clinicians who all recognise the need for local systems to work in partnership. A letter has been issued to national health and care systems outlining; • Additional information about the purpose of the STPs; • An early indication of the support package for developing the plans; • A timeline for the STP process, including key dates when STP footprints will be asked to feedback ahead of full consideration plans in June/July 2016. Further information in relation to STPS, the footprints and leading figures can be found via the link below: https://www.england.nhs.uk/ourwork/futurenhs/deliver-forward-view/stp/
  • 9. Putting Vanguard Plans Into Practice As part of the vanguard dissemination programme of work, a number learning opportunities will be shared through podcasts, films and blogs. The first of the podcasts is an extract which was recorded in 2015 at the NHS Providers annual conference and exhibition: Putting Vanguard plans into practice. The conversation was facilitated by the NHS Providers director of policy and strategy, with the speakers being Chief Executives of Lancashire Care NHS Foundation Trust and Morecambe Bay NHS Trust. The podcast outlines the Trusts views on the motivations and challenges in relation to establishing new approaches to the delivery of care and the changes that are required to implement real improvements for communities. Both Trusts are involved in the Better Care Together vanguard which is one of nine integrated primary and acute care systems that are being piloted in England. https://www.nhsproviders.org/news-blogs/news/putting-vanguard-plans-into-practice
  • 10. Putting Vanguard Plans Into Practice – Podcasts The second of the podcasts shares the learning and challenges in delivering the Solihull Together for Better Lives urgent and emergency care vanguard. The vanguard aims to improve services by creating a whole system approach to care and support with a co- production approach that involves the people using services in addition to their families and careres. The resources were launched in February 2016 and are aimed at health and care staff, patients and the public. The fact sheets explore the five types of care models the vanguards fall under and also showcase some of the innovative work that is taking place across the country and therefore making a difference to peoples lives. http://www.nhsconfed.org/news/2016/02/vanguards-summed-up-and-explained https://www.nhsproviders.org/news-blogs/news/delivering-urgent-and-emergency-care-vanguards In addition to the podcasts and with March 2016 marking a year since the first wave of vanguards were announced, a suite of factsheets and an animation in relation to what the sites are working on and what patient communities across the country can expect.
  • 11. Better Care Fund: How it will work in 2016/17 Published by the Department Of Health on 8th January 2016, The Better Care Fund: How it will work in 2016/2017 document sets out how the Better Care Fund will be implemented during 2016/2017. The document focuses upon the following issues: • The legal and financial basis of the fund • Conditions of access to the fund • National Performance metrics • The assurance and approval process The document should not be read in isolation but read alongside: https://www.gov.uk/government/publications/better-care-fund-how-it-will-work-in-2016-to-2017 The Governments mandate to NHS England for 2016/17 https://www.gov.uk/government/publications/nhs- mandate-2016-to-2017 Better Care Fund Planning Guidance https://www.england.nhs.uk/ourwork/part- rel/transformation-fund/bcf-plan/
  • 12. Capitation: Supporting New Models of Care During a conference in Leeds in January 2016 Monitor (now part of NHS Improvement) in collaboration with NHS England outlined the work being undertaken nationally to develop a standard process for creating capitated payments / budgets for the new care models. Outlined below is a brief synopsis from the event: • There is an expectation that vanguards implement whole population budgets from April 2017 and this will be based upon the registered practice list; • During 2016/17 there is the expectation to implement shadow capitated budgets; • A forecasting tool will be made available from NHS England to develop the capitated budget; • The expected time line from NHS England is as follows: • 01-2016 - Put in place enablers and calculate shadow budget • 04-2016 - Monitoring to understand spend against shadow budget • 09-2016 - Commissioning intentions issued to providers • 09-2016 - Full shadow testing • 04-2017 - ‘Go live’ contract in place using whole population budget.
  • 13. The Digital Revolution Examples of innovative technology that are being used within the NHS has been explored by the King’s Fund. The article published in January 2016 explores the technologies that most likely to change health and care over the coming years, some of which are already available within surgeries and hospitals and others are on the horizon. The article explores eight technologies with each of the technologies explored having the potential to represent an opportunity to achieve better outcomes and more efficient care for patients: The smart phone At Home or portable diagnostics Digital Therapeutics Smart or implantable drug delivery mechanisms Genome Sequencing
  • 14. The Digital Revolution http://www.kingsfund.org.uk/publications/articles/eight-technologies-will-change-health-and-care Machine learning Blockchains Connected Community The report concludes that with the development of new technologies there will be opportunities for the health and care system with new ways to prevent, predict, detect and treat illnesses. There is an acknowledgement within the report that such opportunities will also present challenges and more evidence is required in relation to the cost and benefits of delivery. A digital health and care conference will be hosted by the King’s Fund on 5th and 6th July 201 , in London: http://www.kingsfund.org.uk/events/digital-health-and-care-congress-2016
  • 15. At the Heart Of Health Within the report are three dimensions that demonstrate the benefits of such an approach: http://www.nesta.org.uk/publications/heart-health-realising-value-people-and-communities Mental and physical health and wellbeing NHS Sustainability Wider Social Outcomes It intended that the report will be a practical resource to support the work being undertaken by commissioners, providers, communities and those seeking to empower individuals and communities in their health and care. A report written by the Health Foundation and Nesta explores, the value of people and communities at the heart of health in response to the Five Year Forward View. The key findings of the report highlight that person and community centered approaches for health and wellbeing have significant potential to improve outcomes for individuals, support development of strong resilient communities and assist with the reduction of demand on health and social care services.
  • 17. Delivering a Healthier Future Published in January 2016, the Delivering a Healthier Future report identifies how CCGs are leading the way on prevention and early diagnosis. The report which follows on from the Taking the lead and Leading local Partnerships report demonstrates that CCGs are increasingly driving change across their local health care economies. The case studies included within the report focus upon prevention and early diagnosis and outline that even in challenging times CCGs are bringing together all key stakeholders within their jurisdiction to establish what their local populations require and how it can be achieved. The studies focus outline how CCGs are: • Taking the lead in preventing illness and the cause of ill health – and working to keep people out of hospital where possible; • Helping to ensure that people are diagnosed earlier and given the support that they need • Working across boundaries to build on what people want and need to help then lead longer healthier lives
  • 18. Delivering a Healthier Future The projects outlined within the report are not isolated examples and there is vast amount of work being undertaken across the country, however, the authors of the report believe that the case studies demonstrate the value of clinically led commissioning and show how CCGs are building relationships, reshaping service provision and making a difference for local communities. Some of the programmes included within the report include: Helping people who do not normally access healthcare services to receive care for example flu vaccinations The use of social prescribing to build on patients strengths to improve health and wellbeing Prevention of premature mortality Diabetes prevention and support Peer educators to improve cancer awareness Prevention of hospital admissions for people with COPD Earlier diagnosis and prevention of HIV and AIDS Focus on atrial fibrillation in stroke prevention Building resilient communities to live longer and healthier lives Reduction in A&E Attendance and admissions http://www.nhscc.org/latest-news/delivering-a-healthier-future/
  • 19. Commitment to Transformation of Mental Health Care There has been a commitment from the NHS in England to the biggest transformation of mental health care across the NHS in a generation with a pledge to help more than a million additional people with an investment of more than a billion pounds a year by 2020/21. The commitment is following the publication of the final report on an independent taskforce which is chaired by the Chief Executive of mind, set up as part of the five year forward view. The report provides an assessment of the state of the current mental health care across the NHS. It highlights that one in four people will experience a mental health problem in their lifetime and the cost of mental ill health is £105 billion a year. Within the wide ranging suite of recommendations a three pronged approach to improving care through; prevention, expansion of Care, such as, seven day a access in a crisis; and integrated physical and mental health care is outlined. https://www.england.nhs.uk/2016/02/fyfv-mh/
  • 21. Operational Productivity and Performance in English NHS Acute Hospitals The final report written by Lord Carter of Coles sets out how non-specialist acute hospital trusts can reduce unwarranted variation in productivity and efficiency to save the NHS £5 billion each year by 2020/2021. The review undertaken by Lord Carter examined productivity within hospitals using a series of metrics and benchmarks to enable comparison. The report which builds on the findings of the interim report published in June 2015 concludes that there are significant unwarranted variation across the main resource areas and that even though there are many areas and examples of good practice there is not a single hospital that is good at everything. https://www.gov.uk/government/publications/productivity-in-nhs-hospitals The report outlines that the variation is worth £5 billion in terms of efficiency opportunity which equates to a potential contribution of at least 9% on the £55.6 billion that is spent by the acute hospitals. There are 15 recommendations within the report that are designed to tackle the variation and to help the trusts to improve their performance.
  • 22. Implementing The Forward View – Supporting Providers To Deliver The report published in collaboration by Monitor, TDA, NHS England, Public Health and the Care Quality Commission outlines the key priorities for NHS provider organisation in delivering high quality health and care during 2016 and beyond. Targeted at NHS provider organisations the report forms part of a series of planned roadmaps that draw on messages from the NHS shared planning guidance, setting out key priorities for the organisations responsible for the delivery of high quality health and care this year and beyond. The roadmaps reflect a shared vision about the challenges ahead for the health and care sector as outlined within the Five Year Forward View. Also outlining the choices that are faced in relation to the types of health and care services that will be required in 2020. The report focuses upon; the challenges and changes ahead, a description of coherent sets of activities or NHS providers in the coming years, showcasing how providers across the country are beginning to deliver the activities and outlining the support that providers can expect from NHS Improvement. https://www.gov.uk/government/publications/implementing-the-forward-view-supporting-providers-to-deliver
  • 23. NHS England Review Of Uniting Care Contract In January 2016 NHS England commissioned an initial independent review to establish the circumstances which led up to the termination of the contract between Cambridgeshire and Peterborough Clinical Commissioning Group and Uniting Care Partnership (UCP) LLP. The review in relation to the contract which was in place from 01 April 2015 to 03 December 2015 was conducted from a commissioning perspective, with the scope of the work including a review of any relevant documentation and discussions with key members of staff thus assisting with the identification of the contributory factors and root causes that led to the contract being terminated. The report which was published April 2016 identifies specific and also wider lessons learned with recommendations for further action to be taken by NHS England and Clinical Commissioning Groups (CCGs). NHS England will be commissioning a further review to investigate specific areas including; the role of external advisors, the gateway review process and the role of the CCG executive leadership and Governing Body throughout the both the procurement process and contract period. https://www.england.nhs.uk/mids-east/our-work/uniting-care/
  • 25. NHS Standard Contract The following documentation has now been published in relation to the NHS Standard Contract for 2016/2017: • NHS Standard Contract 2016/17, comprising Particulars, Service Conditions, General Conditions • Template Service Development and Improvement Plan in relation to Provider performance against Sustainability and Transformation Fund performance trajectories and assurance statements • NHS Standard Contract 2016/17 Technical Guidance (the executive summary of this provides an overview of the key changes which have been made in response to consultation feedback) • Sanctions reporting template • NHS shorter-form Contract 2016/17, comprising Particulars, Service Conditions, General Conditions • NHS Standard Contracts 2016/17 equality impact analysis https://www.england.nhs.uk/nhs-standard-contract/
  • 26. NHS Standard Contract A number of additional documents will be published shortly including: • NHS shorter-form Contract 2016/17 user guide • NHS Standard Contract 2016/17 Delta View comparison documents • Guidance on national variations to existing 2013/14, 2014/15, 2015/16 contracts and national variation agreement • Guidance on the variations process and contract variation agreement • Pro forma contract management forms and change in control notification The following documentation has also been published and can be located by following the link provided: ttps://www.england.nhs.uk/nhs-standard-contract/16-17/ 016/17 webpage CQUIN Guidance https://www.england.nhs.uk/nhs-standard-contract/cquin/ Dispute Resolution Guidance https://www.england.nhs.uk/ourwork/futurenhs/deliver- forward-view/ 2016/17 National Tariff https://www.gov.uk/government/publications/nhs-national- tariff-payment-system-201617
  • 27. Public Contracts Regulations 2015 Overview On the 18th April 2016 services procured by NHS England or CCGs covered by the Procurement, Patients Choice & Competition (No2) (Regulations) became bound to comply with the revised Public Contracts Regulations which were implemented on 26th February 2015. Outlined within the following slides are some of the changes that will apply to such procurements. Under the Public Contract Regulations (PCR) 2015 the following processes can be used: Within the 2015 regulations, service procurements will be will be undertaken via a “light touch” or “non light touch” regime. Open (Regulation 27) Restricted (Regulation 28) Competitive Procedure With Negotiation (Regulation 29) Competitive Dialogue (Regulation 30) Innovation Partnership (Regulation 31) Negotiated procedure without Prior Publication (Regulation 32) Framework Agreements (Regulation 33)
  • 28. Public Contracts Regulations 2015 The Light Touch Regime The Light Touch Regime replaces Part B Services (Public Contract Regulations 2006) and the threshold has increased to £589,148 (total contract value). Where a light touch process is undertaken the 2015 Regulations simply state that all time limits imposed on bidders must be reasonable. When undertaking a process in line with the light touch regime there are limited obligations in relation to the award of the contract. The obligations include: • The publication of a contract notice or prior information notice (PIN) • An award procedure that is compliant with the principles of equal treatment and transparency • A contract awarded in line with the advertised procedure • Time lines that are reasonable and proportionate Commissioners are also able to choose to follow the specific procedures set out in the new Regulations, or use variations. There is also a discretion for Commissioners to design their own appropriate procurement procedures as long as these are in keeping with EU principles such as: transparency, proportionality and equal treatment of suppliers.
  • 29. Public Contracts Regulations 2015 Above Threshold / Non Light Touch Regime Where the services being procured are above the threshold (non “light touch”) there is now a mandatory requirement to publish Contract Notices via the Official Journal of European Union (OJEU). Prior to the implementation of the 2015 regulations Contracting Authorities were permitted to publish on Contracts Finder only. Therefore the requirement to publish via OJEU is a fundamental change in practice for Commissioning Organisations. In addition to the requirement to publish the Contract Notice via OJEU, there has been a change to the timelines for the procedures, the revised timelines are outlined on the following page of this commercial update.
  • 30. Public Contracts Regulations 2015 Normal Minimum Time If Electronic Tendering is used as part of the Procurement Process Where PIN is published (Sent for publication between 35 days and 12 months before Contact Notice is Sent) Open Procedure – Minimum time limit for receipt of tenders 35 days Open Procedure – Minimum time limit for receipt of tenders in 30 days Open Procedure - Minimum time limit for receipt of tenders is 15 days Restricted Procedure – Minimum time limit for Request to participate 30 days _ Restricted Procedure – Minimum time limit for Request to participate 30 days Restricted Procedure – Minimum time limit for receipt of tenders 30 days Restricted Procedure – Minimum time limit for receipt of tenders 25 days Restricted Procedure – Minimum time limit for receipt of tenders 10 days Competitive Procedure with Negotiation and Innovation Partnerships - Minimum time limit for request to participate 30 days _ Competitive Procedure with Negotiation and Innovation Partnerships - Minimum time limit for request to participate 30 days Competitive Procedure with Negotiation and Innovation Partnerships - Minimum time limit for receipt of initial tenders 30 days Competitive Procedure with Negotiation and Innovation Partnerships - Minimum time limit for receipt of initial tenders 25 days Competitive Procedure with Negotiation and Innovation Partnerships - Minimum time limit for receipt of initial tenders 10 days Competitive Dialogue – Minimum time limit for requests to participate 30 days _ _ No explicit time limits for submission of initial/subsequent tenders _ _ Timelines (Non Light Touch)
  • 31. Public Contracts Regulations 2015 Electronic Procurement The 2015 regulations state the all documents must be transmitted in electronic form and all correspondence with the organisations bidding within the tender process must be undertaken electronically. All procurement documents must be made fully available through an restricted and direct mechanism with no cost to bidders to access. The documents must also be available from either the date the OJEU notice or invitation to confirm interest is published. The documents to be published will include the Service Specification, Contract Terms & Conditions, Evaluation Criteria and draft ITT which will therefore require more preparation time to be built into the tender timetable. It will also be a requirement from 2017 or 2018 (this is still to be determined), Contracting Authorities will be required to use e-Certis (an online certificates database) when running the selection process, as well as a new European Single Procurement Document which will evidence that there are no grounds for excluding a supplier.
  • 32. Public Contracts Regulations 2015 Reporting and Retention Requirements Under the 2015 Regulation the reporting and recording obligations for Contracting Authorities are more extensive, with the new requirements including: • A written report including all of the key information in relation to the process for all contract and framework awards; • The report must be retained on file and may be requested in its entirety or in part by the European Commission and/or the Cabinet Office; • The report must include the following information: • Name & Address of Contracting Authority • Subject matter of the contract • Contract value • Names of bidders rejected at PQQ stage • Reasons for each bidder being rejected • Name(s) of selected bidder(s) • Reasons why successful tender(s) was successful
  • 33. Public Contracts Regulations 2015 Reporting and Retention Requirements • Share of any contract intended to be sub-contracted to third parties • Conflicts of interest identified • How any Conflicts of interest were resolved There is also a requirement to retain all concluded contracts where the contract value exceeds €1 million (supplies or services) and in order to grant access to these the Cabinet Office has reserved itself a right to request information beyond the scope of that listed in the Regulation contracts if requested subject data protection rules.
  • 34. Public Contracts Regulations 2015 There are many more updates in relations to the regulations and the full regulations plus any amendments since their publication in February 2015 can be located via the following links: The full Public Contract Regulations 2015 can be accessed via the following link: http://www.legislation.gov.uk/uksi/2015/102/contents/made In March 2016, amendments were made to the regulations by Parliament , therefore the full regulations should now be read in conjunction with the amendments as outlined within the: The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016: http://www.legislation.gov.uk/uksi/2016/275/made
  • 35. Procurement Policy Guidance Notes & Reports Title Synopsis Link 29/10/2015 to 26/01/2016 Negotiating for the public Sector A six part series by Public Spend Matters on the role of negotiation in public procurement and contract management http://public.spendma tters.eu/2015/10/29/n egotiation-for-the- public-sector-part-1- why-does-it-matter/ 01/2016 Complying with international obligations This PPN sets out contracting authorities’ international obligations when letting public contracts. It makes clear that boycotts in public procurement are inappropriate, outside where formal legal sanctions, embargoes and restrictions have been put in place by the UK Government. https://www.gov.uk/g overnment/publication s/procurement-policy- note-0116-complying- with-international- obligations 05-06/01/2016 Are Frameworks doing their Job? The Spend matters article considers the pros and cons of pubic sector frameworks http://spendmatters.c om/uk/are- frameworks-doing- their-job-part-1- comensura-for-jan/
  • 36. Procurement Policy Guidance Notes & Reports Title Synopsis Link 06/01/2016 Commission further simplifies procurement across the EU The European commission has adopted the European single procurement document that will reduce the administration burden for companies in particular SME’s. http://ec.europa.eu/gr owth/tools- databases/newsroom/ cf/itemdetail.cfm?item _id=8611&lang=en 07 / 01/2016 Public procures learn how to spot bid rigging A new learning package is being launched will enable pubic procurers to spot and prevent bid-rigging and save taxpayer money. https://www.gov.uk/g overnment/news/publi c-procurers-learn-how- to-spot-bid-rigging 08 /02/2016 Public Accounts Committee: Follow-up on Transforming contract management inquiry A session was held on 8th February 2016 by the Public Accounts Committee following their inquiry into transforming contract management http://www.parliamen t.uk/business/committ ees/committees-a- z/commons- select/public-accounts- committee/inquiries/p arliament-2015/follow- up-contract- management-15-16/
  • 37. Procurement Policy Guidance Notes & Reports Title Synopsis Link 09/02/2016 NAO Report: Investigation into the acceptance of gifts and hospitality A report by the National Audit Office in relation to the acceptance of gifts / hospitality in UK central government https://www.nao.org.u k/report/investigation- into-the-acceptance- of-gifts-and- hospitality/ 09-11/02/2016 Suppliers Who Fail to Deliver – A public procurement dilemma Tips on avoiding and mitigating risks around poor contract performance by inexperienced suppliers by Public Spend matters http://public.spendma tters.eu/2016/02/09/s uppliers-who-fail-to- deliver-a-public- procurement- dilemma/ 11/02/2016 Benchmarking Public Procurement 2016 Benchmarking Public Procurement 2016: Assessing Public Procurement Systems in 77 Economies is a report that has been released by the world bank which assesses worldwide public procurement. https://openknowledg e.worldbank.org/handl e/10986/22649
  • 39. Organisation Service(s) Approach Status West London Clinical Commissioning Group (CCG) Community MSK Services Contract value £8.0m – £12m Open procedure used. Available to all suppliers Currently being evaluated Surrey and Borders Partnership NHS Trust Diagnostic Imaging, Radiotherapy and Cardiology, and consultancy services Contract value £100k – £500m Restricted procedure used to establish a Framework agreement. Pre Qualification Questionnaire (PQQ) open to all suppliers and Invitation to Tender (ITT) documents released to qualified suppliers. PQQ being evaluated Staffordshire County Council The Mental Health Social Inclusion and recovery contract will be for the delivery of a range of mental health services to Adults within the Contract Area based on the recovery approach, co-production and social inclusion principles taking a whole systems approach within the community. Contract value £5.0m – £5.7m Open procedure used to establish a Framework agreement. Invitation to Tender (ITT) documents released to suppliers with a closing date of 20th April Currently still live Contract Notices
  • 40. Organisation Service(s) Approach & Contract Access Award Date, Value and Length Tower Hamlets CCG Health and social work services:- Teledermatology and 1 Stop Assessment and Treatment Services (OATS) This was an Open Procedure led by North and East London Commissioning Support Unit (CSU) on behalf of Tower Hamlets CCG, it is a direct contract. This contract was awarded to DMC Healthcare Ltd Award Date: 01/04/2016 Value: £847m NHS Northern Eastern and Western Devon CCG and South Devon and Torbay CCG Non Emergency Patient Transport Service This was a restricted Procedure, It is a direct contract. This contract was awarded to First Care Ambulance Ltd Award Date: 08/03/2016 Value: £13m Contract Length: 3 years Stoke-on-Trent City Council Integrated Sexual Health Services HIV and Sexual health level 2 and 3 and support the development and delivery of level 1 and 2 services within general practice This will be a service contract and tendered under an open procedure through OJEU. This is a direct contract. This contract was awarded to Staffordshire and Stoke-on-Trent Partnership NHS Trust Award Date: 28/01/2016 Value: £59m Contract Length: 6 Years Contract Award Notices
  • 42. Competitive Dialogue – Myth Busting NHS procurement remains and enabler to achieve excellence, value for money and improvement for commissioned services, particularly using creative approaches. Competitive dialogue is a formal procurement procedure which allows a buying organisation to enter into dialogue with multiple bidders following a contract notice and selection process to develop one or more suitable solutions for its requirements and to determine which chosen bidder(s) will be invited to tender. The article written by the Attain Commercial Team examines four myths that exist around the competitive dialogue process: • Myth #1 Competitive Dialogue is a slow and cumbersome process • Myth #2 Isn’t dialogue just about negotiating price? • Myth #3 The market does not understand Competitive Dialogue • Myth #4 The Public Contract Regulations 2015 are too unwieldly and afford no flexibility The full article can be accessed via the link below: http://www.attain.co.uk/competitive-dialogue-myth-busting/
  • 43. Contract Mobilisation As an organisation you may have undertake a procurement process or a collaborative piece of work to agree a new model of care and have reached the point where it is time to bring the model to life and start delivering outcomes for the people accessing the services. This mobilisation period is a critical period with the successful implementation of a new service setting the tone for effective, long standing relationship. The contract mobilisation article provides insight into the following key areas: • What is mobilisation • The fundamentals of mobilisation • Top tips for mobilisation • The next challenge The article also includes a mobilisation case study and can be accessed via the link below: http://www.attain.co.uk/complex-service-mobilisation-and-the-key-steps-to-success/
  • 44. Tips On Writing A Comprehensive Tender You have found a great opportunity for your business and your instinct is that your organisation can deliver what the commissioner needs, however there are many hurdles before you are able to secure the contract. The article published by Attain providers some aspects to consider when applying to provide services which help organisations stand out. The link to the full article is included below however the key elements covered include: • Being prepared • Understanding the requirements • Creating a compelling response • The commercial offer • Polishing the response • Insights to evaluations • Learning from the opportunity (if successful or not) http://www.attain.co.uk/tips-for-writing-a-comprehensive-tender-response/
  • 46. Further Publications of Interest – CCGs Title Synopsis Link Delivering a healthier future: how CCGs are leading the way on prevention and early diagnosis A report that outlines a range of case studies from across the Country . The case studies identify the difference clinically led commissioning is making with the projects focusing upon prevention and early diagnosis. http://www.nhscc.org/latest- news/delivering-a-healthier-future/ Collaborative Healthcare Published by Inclusive change the guide sets out examples which illustrate how CCGs and Health and wellbeing boards can commission intervention supporting the principles of collaborative care, individual choice and control and patient an public participation. http://www.thinklocalactpersonal.org.uk/_lib rary/Reports/Collaborative_healthcare_- IC_final_1.pdf CCG Commissioning for Value packs The CCG Commissioning for value packs have been refreshed by NHS England and Public Health England. The information contained in the packs and an online tool is presonalised for each of the CCGs. The pack will enable the CCGs to focus upon the opportunities which have the potential to provide the biggest improvements in health outcomes, resource allocation and reducing Inequalities. https://www.england.nhs.uk/resources/resou rces-for-ccgs/comm-for-value/
  • 47. Further Publications of Interest – Acute Hospitals Title Synopsis Link A zero Cost way to reduce missed hospital appointments The Department of Heath has published the outcome of a trial designed to test the effectiveness of the reminder message sent to outpatients. The report examines sending patients a standard message regarding their appointment and messages that detail the cost implications of the missed appointment. https://www.gov.uk/government/publication s/reducing-missed-hospital-appointments- using-text-messages/a-zero-cost-way-to- reduce-missed-hospital-appointments Acute Hospital Productivity The Health Foundation has published the Acute Hospital productivity briefing. The report is an analysis of acute hospital productivity between 2009/10 and 2014/15. http://www.health.org.uk/publication/acute- hospital-productivity Winter Pressures: what is going on behind the scenes Quality watchdog is a joint Nuffield Trust and Health foundation research programme. In the latest analysis undertaken by the programme they track performance across 29 different indicators over the past five years, shining the light on the pressure hospital services experience during the winter. http://www.nuffieldtrust.org.uk/publications /winter-pressures-whats-going-behind-scenes
  • 48. Further Publications of Interest – Primary Care & Pharmacy Title Synopsis Link General Practice Nursing in the 21st Century: A time of opportunity The Queens Nursing Institute launched in January 2016 a new report in relation t o the General Practice Nursing profession. The report is based on the outcome of survey that was undertaken and completed by 3,400 general practice nurses during 2015 and summarizes the key challenges affecting the profession. http://www.qni.org.uk/news/235 Community Pharmacy 2016/2017 and beyond The Department of Health has published the document in addition to the letter published in December 2015. The document provides further detail in relation to the ongoing consultation process and sets out the proposals information on better integration n of community pharmacy into primary care. https://www.gov.uk/government/publication s/putting-community-pharmacy-at-the-heart- of-the-nhs Reducing Antibiotic prescribing A trial which involved over 1,500 GP practices found that writing to GPs concluded that by writing to GPs in relation to their prescribing resulted in a 3/3% reduction in prescriptions over a 6 month period. The trial is also part of the governments plans to slow the growth of antimicrobial resistance to antibiotics. https://www.gov.uk/government/news/unne cessary-antibiotics-prescriptions-reduced-in- new-trial
  • 49. Further Publications of Interest – NHS & Public Health Title Synopsis Link How is the NHS performing? The report published by the Kind’s Fund in February 2016 outlines the latest quarterly monitoring report. http://www.kingsfund.org. uk/publications/articles/h ow-nhs-performing- february-2016 Public Health Transformation The Local Government Association has published Public Health Transformation Three ears on: extending influence to promote health and wellbeing. The document contains case studies that outline how Local authorities continue to make progress in relation to the improvement of health and wellbeing and tackling health inequalities since public health was formally transferred from the NHS in April 2013. http://www.local.gov.uk/ web/guest/publications/- /journal_content/56/1018 0/7660767/PUBLICATION Screening programme improvements Following its last meeting the e UK National Screening Committee has published eleven recommendations which include improvements to the existing programmes. https://www.gov.uk/gover nment/news/uk-nsc- recommendations-include- new-bowel-cancer- screening-test
  • 50. Further Publications of Interest – Specialties Title Synopsis Link Cardiovascular Health Check Published in January 2016,; “The NHS Healthcheck in England: and evaluation of the first 4 years” outlines the outcome of a study of the introduction of routine structured cardiovascular check with support for changes in behavior for those patients that are high risk, treatment of risk factors and comorbidity that is newly identified. http://bmjopen.bmj.com/c ontent/6/1/e008840.full Obesity Prevention Two documents have been released: Ending childhood obesity – makes recommendations for governments aimed at reducing the rising trend of children aged under 5 years becoming over weight and obese. Tipping the Scales: why preventing obesity makes economic sense is a report by the UL Health Forum and Cancer Research UK. The report focusing on prevention trough taxation of sugary drinks and changes to advertising http://www.who.int/end- childhood- obesity/news/launch-final- report/en/ http://www.ukhealthforu m.org.uk/who-we-are/our- work/ukhf-whats- new/?entryid70=54573 Learning Disabilities Transforming Care Time For Change: the challenge ahead has been published by Sir Stephen Bubb who has undertaken a review of care for people with learning disabilities. The prime recommendation within the report is for the Government is appoint a Learning Disabilities commissioner to champion and protect rights and reform. https://www.acevo.org.uk /news/winterbourne-view- time-change-report-launch
  • 51. For Further Information, please contact: Chris Walker - Director Email : chris.walker@attain.co.uk Mobile: 07931 441 766