Cheshire & Merseyside Acute Elective Surgery

Cheshire & Merseyside Acute Elective Surgery

Any Qualified Provider

Reference: CMCSU 14/001/A

Memorandum of Information (MOI)

Issue Date20th June, 2014

Table of Contents

1 PURPOSE, STRUCTURE AND NEXT STEPS FOR PROVIDERS

1.1Purpose of this document

1.2Organisation of this document

1.3Next Steps for Applicants

2 INTRODUCTION AND OVERVIEW

2.1Background and Context to the AQP Process for Cheshire & Merseyside Acute Elective Surgery

2.2Objectives of the AQP Process

2.3Scope of Services

2.4Bidder Pool

2.5Existing Providers

2.6Annual Window

2.7Tariff

2.8NHS Standard Contract for Ambulance, Community and Mental Health and Learning Disability Services

3 ANY QUALIFIED PROVIDER PROCESS – OVERVIEW

3.1Timeline

3.2Advert and Memorandum of Information

3.3Qualification Questionnaire

3.4Service Commencement

4 COMMERCIAL FRAMEWORK

4.1Contract

4.2Contract Duration

4.3Capacity

4.4Subcontracting of Services

4.5Payment Mechanism

4.6Financial Standing

4.7Insurance

5 GOVERNANCE AND ADMINISTRATION

5.1Costs

5.2Conflicts of interest

5.3Non-collusion and Canvassing

5.4Freedom of Information...... 15

5.5Authorised Representative...... 15

5.6Availability of Information...... 16

5.7Disqualification...... 16

5.8Publicity...... 16

5.9Right to Reject Submissions...... 16

5.10Right to Cancel or Vary the Process...... 17

5.11Provision of Further Information Prior to Submission...... 17

5.12Disclaimer...... 17

5.13Governing Law...... 18

6 GLOSSARY OF TERMS AND ABBREVIATIONS

APPENDIX A – BACKGROUND CCG INFORMATION

Appendix B – SAMPLE SPECIFICATION FOR ACUTE ELECTIVE SURGERY

Appendix C – ILCP Policies

PURPOSE, STRUCTURE AND NEXT STEPS FOR PROVIDERS

1.1Purpose of this document

This Memorandum of Information (MOI) provides an overview of the Cheshire and Merseyside Clinical Support Unit (CMCSU)Any Qualified Provider (AQP) procurement for Cheshire & MerseysideAcute Elective Surgery and details of the:

Objectives of the AQP Process;
The AQP Process ;
AQP Process commercial framework; and
AQP Process governanceand administration requirements.

The purpose of this MOI is to provide potential Providers with sufficient information on the AQP Process for Cheshire & MerseysideAcute Elective Surgery to enable them to make an informed decision about whether they wish to participate.

TheAQP Process is being managed by the CMCSU, acting on behalf of NHS South Cheshire and NHS Vale Royal CCG, Halton CCG, Warrington CCG, Eastern Cheshire CCG, South Sefton CCG, Southport and Formby CCG and Liverpool CCG(the Contracting Authorities).

1.2Organisation of this document

This MOI is organised into the following sections:

Section 1: Purpose, Structure and Next Steps for Applicants

Detailing the purpose and organisation of the MOI and the next steps for potential Providers.

Section 2: Introduction and Overview

Detailing the background and objectives to the AQP Process, the scope of services to beprocured, the bidder pool and the factors critical to the success of the AQP Process.

Section 3: AQP Process Overview

Detailing the steps involved in the AQP Process.

Section 4: Commercial Framework

Detailing the key commercial terms and other legal and contractual arrangements for the AQP Process.

Section 5:Governance and Administration

Detailing the key governance and administration requirements of the AQP Process.

Section 6: Glossary of Terms and Abbreviations

Detailing the terms and Abbreviations used throughout the document.

Appendices: Appendix A

BackgroundCCG information for the AQP Process.

Appendix B

Sample Specification for Acute Elective Surgery.

Appendix C

Interventions of Limited Clinical Priority (ILCP) or similar documents that shall be embedded within the Contract

1.3Next Steps for Applicants

Interested parties wishing to participate in the AQP Process mustregister on theBiP Delta electronic tendering portal: to access and submit a response to the Qualification Questionnaire.

2INTRODUCTION AND OVERVIEW

2.1Background and Context to the AQP Process for Cheshire and MerseysideAcute Elective Surgery

The Cheshire and Merseyside Clinical Support Unit (CMCSU) is acting on behalf of NHS South Cheshire and NHS Vale Royal CCG, Halton CCG, Warrington CCG, Eastern Cheshire CCG, South Sefton CCG, Southport and Formby CCG and Liverpool CCG(the Contracting Authorities) which are seeking to qualify suitably experienced Providers to deliver the Acute Elective Surgery detailed in Appendix B from 1st October, 2014.

This is anAny Qualified Provider(AQP)procurement and the CMCSU will seek to qualifymultiple Providers on behalf of the Contracting Authorities to deliver the services and offers no guaranteed level of activity or payment to any one of these Providers. All Providers who wish to provide these services areinvited to apply and must be able to demonstrate compliance with the qualification criteria.

Any Qualified Provider was previously known as Any Willing Provider however the process remains the same.

An Any Willing Provider accreditation process was carried out between November 2010 and February 2011 for the provision of the North West Elective Activity for 2011-2012 and a number of Providers were accredited under this process for specified Activities.

The Co-ordinating Commissioner will contact existing Providers who have been accredited under the Any Willing Provider process for 2011-2012 for the specified Activities, asking them to confirm that they can still meet the requirements of the original AWP process held between November 2010 and February 2011 and asking them to confirm that they wish to enter into a Contract for 2014-2015. Activities are those that the Provider site holds a current registration to undertake by the Care Quality Commission.

Where an existing Provider is seeking to undertake more than those they wereaccredited for previously, then they are required to complete the AQP Qualification Questionnaire.

New Providers’who have not previously been qualified under the AWP process for the Cheshire and Merseyside Acute Elective Services/Surgery, will need to complete the full AQP Qualification Questionnaire in order to be considered as a Qualified Provider for the Cheshire and Merseyside Acute Elective Surgery.

There shall be an annual window that shall give new Providers the opportunity to qualify as a Provider for Acute Elective Surgery for Cheshire and Merseyside.

The qualifiedProvider(s) will be invited to sign the NHS Standard Contract for Ambulance, Community and Mental Health and Learning Disability Services for the service, accepting all standards and (where applicable) negotiated terms and conditions. Once this contract has been executed,AQP Providers willbe permitted to list on Choose and Book.

In securing services from Providers wishing to participate in the AQP Process, the Contracting Authorities need assurance of competence, quality and safety standards.
Any Provider, including new entrants to the market,will be eligible to obtainAQPqualificationsubject to demonstrating competency against the specified criteria.

2.2Objectives of the AQP Process

The key objectives of the AQP Process:

To ensure the provision of safe and effective Acute Elective Surgery to NHS Patients.
To continually improve the quality and value of care for NHS Patients in line with current Good Clinical Practice.
To achieve the agreed national referral to treat waiting times.
To achieve and wherever possible, improve upon Elective Care Services clinical pathways.
To maintain appropriate levels of capacity for the provision of Acute Elective Surgery to NHS Patients.
To provide a patient focused service that is accessible and responsive to patient needs.
To offer choice, plurality and quality.
To ensure high levels of NHS Patient satisfaction
To provide high quality treatment in line with best practice
For all services to be provided at the 2014/2015 mandatory National Tariffor, where onedoes not exist,a locally agreed tariff
For all Providers to be subject to the NHS Standard Contract for Ambulance, Community and Mental Health and Learning Disability Services

2.3Scope of Services

Background CCG information for the AQP Process is available on the respective CCG’s websites. Website addresses are set out in Appendix A.

A Specification for Acute Elective Surgeryand Policies relating toInterventions of Limited Clinical Priority (ILCP) or similar /areattached in Appendix B and Appendix C. The Contracting Authorities are developing pathways for Acute Elective Surgeryand will develop them further with all AQP Providers. Once finalised these specifications and ILCP Policies will (as applicable) form part of the Contract to be signed by the Contracting Authorities and AQP Provider.

Potential Providers will be required to confirm the specific Acute Elective Surgery and capacity by the site(s)for which they wish to be qualified in their response to the Qualification Questionnaire. The CMCSU does not expect potential Providers to be able to undertake all the Acute Elective Surgery.

2.4Bidder Pool

The CMCSU wishes to receive responses to the Qualification Questionnaire from suitableProviders who can demonstrate competency against the CMCSU specified criteria to provide the Acute Elective Surgery as set out in the Adverts.

2.5Existing Providers

The Co-ordinating Commissioner will contact existing Providers who have been qualified under the Any Willing Provider process for 2011-2012 for the specified Activities, asking them to confirm that they can still meet the requirements of the original AWP process held between November 2010 and February 2011 and asking them to confirm that they wish to enter into a Contract for 2014-2015. Activities are those that the Provider site holds a current registration to undertake by the Care Quality Commission.

Where an existing Provider is seeking to undertake more than those they were qualified for previously, then they are required to complete the AQP Qualification Questionnaire.

2.6Annual Window

There shall be an annual window that shall give new Providers the opportunity to qualify as a Provider for Acute Elective Surgery for Cheshire and Merseyside.

2.7Tariff

The current tariffs forAcute Elective Surgery which have a National Tariff can be found onthe NHS England Website.

2.8NHS Standard Contract for Ambulance, Community and Mental Health and Learning Disability Services

The NHS Standard Contract for Ambulance, Community and Mental Health and Learning Disability Services for 2014-2015,is attached in Annex C of the uploaded documents.

3ANY QUALIFIED PROVIDER PROCESS – OVERVIEW

The anticipated timeline for the AQP Process is summarised in paragraph 3.1 and further detailed in paragraphs 3.2 to 3.4 below.

3.1Timeline

The anticipated timeline for the AQP Process is set out in Table 1 below. It should be noted that the dates are expected dates at the time of issuing this MOI and may be subject to change.

Milestones / Date
Contracts Finder Advertisement published / Fri 20th June, 2014
Application and Qualification Questionnaire Published (web based) / Fri 20th June, 2014
Deadline for receipt of Conflict of Interest Declaration / Fri 27th June, 2014
Deadline for receipt of Potential Provider Clarification Questions / Fri 11th July, 2014
Deadline for receipt of Qualification Questionnaire Applications / Fri 18th July, 2014
Qualification Questionnaire Evaluation Period / Mon 21st July-Mon 11thAug, 2014
Notifications of outcome of the AQP Process to Applicants / Thu 4th Sept, 2014 (Dependent on Board availability for sign-offs)
Alcatel (Stand still) period / Thu 4th Sept-Mon 15th Sept, 2014 (Dependent on Board availability for sign-offs)
Contract Award and Mobilisation / 1st October, 2014
Service Commencement / Providers will be given a 3 month window in which to commence service ie by 1st January, 2015

Table 1: AQPAcute Elective Surgery Process Timeline

3.2Advert and Memorandum of Information

An advert has been placed on Contracts Finder describing, in general termsthe services being procured by CMCSU on behalf of the Contracting Authorities under the AQP Process.

Memorandum of Information

This MOI provides further detail of the AQP Process.

This MOI is intended to provide potential Providers with additional information on the AQP Process to enable them to make an informed decision about whether they wish to submit an application.The MOI shall not constitute a recommendation or inducement in any way for any Provider to participate in this process.

3.3Qualification Questionnaire

The Qualification Questionnaire provides detailed information on the qualificationprocess, guidance on how to complete the Qualification Questionnaire and a series of questions for potential Providers to answer.

The Qualification Questionnaire is available on the CMCSU e-Procurement portal to all potential Providers. All new potential Providers wishing to apply for the AQP Process must respond to the Qualification Questionnaire before the deadline stated in the Qualification Questionnaire. CMCSU reserves the right not to consider any Qualification Questionnaire submission received after that deadline.

AQP ITT Clarification Questions and Answers

A clarification question and answer process will operate during the ITT stage as explained below. The objective of the ITT clarification process is to give Potential Bidders the opportunity to submit questions to Cheshire & Merseyside Commissioning Support Unit where they require clarification on the information contained in the ITT.

Potential Bidders should submit clarification questions via the Delta eSourcing Portal

Clarification questions received by any other method will not receive a response.

The Qualification Questionnaire isdesigned to evaluate the capacity, capability and eligibility of potential Providers to obtain qualification under theAQP Process.

The Qualification Questionnaire evaluation process will evaluate the Applications submitted following which potential Providers will be informed whether or not they have been successful. It will qualify appropriate Providers for specific services. Qualified Providers will then be invited to sign a contract to enable them to provide those services to the Contracting Authorities, if NHS Patients request them, under the Choose and Book system.

The Qualification Questionnaire will provide further details about the process and evaluation.

3.4Service Commencement

The Contracting Authorities will seek to finalise with qualified providers the NHS Standard Contract for Ambulance, Community and Mental Health and Learning Disability Services. The representatives of the Contracting Authorities will be identified to qualified providers. Agreement between the Contracting Authority and the qualified providers will be reached via the most appropriate route eg face to face discussions, email correspondence. The Contracting Authority will require qualified providers to complete the appropriate schedules for the services offered within the standard contract and agree service specifications.

4COMMERCIAL FRAMEWORK

Potential Providers’ attention is drawn to the following commercial information:

4.1Contract

Qualified Providers will be required to accept the standard and non-standard terms of the NHS Standard Contract for Ambulance, Community and Mental Health and Learning Disability Services for 2014-2015 before they will be able to offer to provide the Acute Elective Surgeries specified in the Contract.

4.2Contract Duration

This NHS AQP Contract will be for a period of 3 years, however, the provider will receive

an annual deed of variation every 12 months to agree and sign in line with national

guidelines.

4.3Capacity

CMCSUand the Contracting Authorities arelooking for providers with the necessary capacity and capability (or a demonstrable ability to provide the necessary capacity and capability) to deliver high quality, customer-centred and VfM service, delivered in an effective manner. This will be evaluated in line with the QualificationQuestionnaire and the evaluation plan.

4.4Subcontracting of Services

Providers will only be permitted to subcontract provision of the service to other parties, if the subcontract arrangements are fully detailed as a part of the Providers Application and expressly agreed by CMCSU and the Contracting Authorities under the Contract. Providers will not otherwise be permitted to subcontract provision of the service to other parties.

4.5Payment Mechanism

It should be noted that under the AQP model, there will be no guarantees of volume or payment in the contracts awarded.

4.6Financial Standing

Financial standing requirements for the CMCSU AQP Process will be limited to confirmation of the Provider's identity, solvency, proposed business structure and that they are able to meet their liabilities and deliver the services for the term of the NHS Standard Contract for Ambulance, Community and Mental Health and Learning Disability Services. Financial reports and credit ratings of potential Providers may be obtained and reviewed as part of the qualificationprocess. CMCSU reserves the right to re-assess the financial strength of the Providers at any time during the process.

4.7Insurance

The insurance requirements arespecified in the NHS Standard Contract for Ambulance, Community and Mental Health and Learning Disability Services and all Providers must meet these requirements in order to provide Acute Elective Surgery under the AQP Process.

Providers will be required to indemnify the Contracting Authoritiesagainst any claims that may be made against the Contracting Authorities (or any of them) arising from the provision of the service by the Provider. Providers may be requested to offer evidence that they have sourced appropriate (and sufficient) insurance or other arrangements.

5GOVERNANCE AND ADMINISTRATION

5.1Costs

Each Relevant Organisation will be responsible for its own costs incurred throughout the AQP Process. The CMCSUwill not be responsible for any costs incurred by any Relevant Organisation or any other person or entity through this process.

5.2Conflicts of interest

In order to ensure a fair AQP Process, CMCSU requires that all actual or potential conflicts of interest that a potential Provider may have areidentified and resolved to the satisfaction of CMCSU.

Potential Providers should notify CMCSU of any actual or potential conflicts of interest in their response to the Qualification Questionnaire. If a potential Provider becomes aware of an actual or potential conflict of interest following submission of the Qualification Questionnaire it should immediately notify CMCSU via the messaging tool on the e-tendering portal Such notifications should provide details of the actual or potential conflict of interest.

If, following consultation with the potential Providers, such actual or potential conflict(s) are not resolved to the satisfaction of CMCSU, then CMCSU reserves the right to exclude at any time any such potential Providers from the AQP Process should any actual or potential conflict(s) of interest be found by CMCSU to confer an unfair competitive advantage on one or more potential Providers, or otherwise to undermine a fair AQP Process.