nhs wirral procurement of healthcare services valerie attwood

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NHS Wirral Procurement of Healthcare Services Valerie Attwood Divisional Head of Procurement and Contracting

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Page 1: NHS Wirral Procurement of Healthcare Services Valerie Attwood

NHS Wirral

Procurement of Healthcare Services

Valerie AttwoodDivisional Head of Procurement and Contracting

Page 2: NHS Wirral Procurement of Healthcare Services Valerie Attwood

Background• The purchase of ALL goods and services in the public

sector is subject to EU regulations (2004) and UK law (2006) - Different requirements apply to different products and services.

• Key competency for World Class Commissioning

• DoH PCT Procurement Guide (Summer 2008)

• PRCC Dec 07/updated Dec 08

• Supply 2 Health web portal launched Sep 08

Page 3: NHS Wirral Procurement of Healthcare Services Valerie Attwood

Different classification of servicesPart A Services (full regime) Part B Services (partial regime)

Accounting, auditing, book-keepng Catering

Market research and opinion polling Legal

Management consultancy Security

Architectural, engineering, urban planning, landscaping and related technical services

Educational

Advertising Health and Social

Building cleaning and property management

Recreational, cultural and sporting

Sewerage and refuse disposal Other Services

IT Services

Financial services

Transport and courier services

Maintenance and repair of vehicles and equipment

Page 4: NHS Wirral Procurement of Healthcare Services Valerie Attwood

Regulations and thresholds

EU legal requirements to tender• £ 101,323 for supplies and Part A and services• £156,442 for Part B services• £3,927,260 for works / building projects

Local PCT requirements – example of local SFI’s• £10k and up to £90k - three written competitive quotes for goods

and part A services• Full compliance with the EU procurement directives for supplies

purchases over £90,319• Full compliance with the EU procurement directives for works

projects over £3,497,313 – however local tender req. over £125k• Healthcare contracts, subject to the PCT Healthcare Procurement

Strategy not SFI’s (Part B service)

Values are aggregated

Page 5: NHS Wirral Procurement of Healthcare Services Valerie Attwood

Decisions on services you decide not to

market test need to be recorded and

notified to the SHA

Assessment criteria to consider

Government policy on

protected services

Estimated value of the contract

Level of market interest

Is there a reason that competition is not appropriate in this circumstance

Assessment Criteria

Page 6: NHS Wirral Procurement of Healthcare Services Valerie Attwood

Other possible options• Commission / purchase more of the same activity

from existing providers

• Use existing contracts to deliver a service improvement

• ‘Flex’ existing contracts

• Utilise the extended choice / free choice network

• New formal contract

• AWP / Tender

Page 7: NHS Wirral Procurement of Healthcare Services Valerie Attwood

Scenario examples

• Each table has a scenario

• 5 minutes to discuss what you might do.

Page 8: NHS Wirral Procurement of Healthcare Services Valerie Attwood

OH NO… WE NEED TO TENDER !!!!

Page 9: NHS Wirral Procurement of Healthcare Services Valerie Attwood

If you decide to go to competition

• AWP exercise : 8 – 10 weeks• EU tender minimum 4 months start to finish,

bigger contracts 6 – 12 months – need detailed specification

• Framework contracts – do it once, then just mini comp exercises for next 3 years

Page 10: NHS Wirral Procurement of Healthcare Services Valerie Attwood

New formal contract via competition

• Any Willing Provider• Intended to provide plurality of providers• Can be an ‘open’ or ‘managed’ process• No guarantee of activity or finance• Can be undertaken in 8 - 10 weeks• Template for accreditation included

Page 11: NHS Wirral Procurement of Healthcare Services Valerie Attwood

Approach from third party to provide a local service

Assess strategic fit of Initial proposal and service spec

If approved – undertake accreditation with provider

Final proposal + summary accreditation to approvals

committee

Produce final contract based on one of the DH templates

PCT identifies an unmet need for a distinct service and produces a specification

Once spec approved advertise service on ‘Supply 2 Health’

Undertake accreditation with interested providers and

confirm compliance with spec.

Confirmation of compliance and summary accreditation

submitted to approvals committee

Ongoing management and re-accreditation (min every 3 yrs)

Open Managed

Ongoing management and re-accreditation (min every 3 yrs)

Produce final contract based on one of the DH templates

Page 12: NHS Wirral Procurement of Healthcare Services Valerie Attwood

New formal contract via competition

Tender exercise• Can result in sole or multiple providers• May be a minimum contract guarantee or framework• Average duration between 6 and 12 months

Page 13: NHS Wirral Procurement of Healthcare Services Valerie Attwood

2-4 wks

Gain approval for competitive tender

Establish the team and project plan

Place advert S2H or OJEU

Complete specification

PQQ with interested providers

Evaluate PQQs and shortlist

Representatives Clinical, Finance, Procurement, HR,

E+D, Estates

Typical tender process

40 days

Page 14: NHS Wirral Procurement of Healthcare Services Valerie Attwood

Undertake bidder presentation day

Issue ITT to shortlisted providers

Tender Clarification

Evaluate offers

Undertake bidder presentations

Award contract10 day standstill

Involve procurement

team40 days

10 days

20 days

Plan around board / committees

Page 15: NHS Wirral Procurement of Healthcare Services Valerie Attwood

Governance of process

• Need standard policy on membership required for independent committees / evaluation teams for AWP and tender exercises

• Need clear conflict of interest policy to avoid or manage risk of challenge

Page 16: NHS Wirral Procurement of Healthcare Services Valerie Attwood

Mobilisation

• Ask for a clear project plan for implementation from the provider – make sure you agree

• Define roles and responsibilities for key tasks• Consider the ‘critical path’• Have regular progress reviews with the provider• Plan a contract / provider launch• Monitor performance against KPI’s and take

corrective action where necessary

Page 17: NHS Wirral Procurement of Healthcare Services Valerie Attwood

Risks of getting it wrong

• Increasing risk of legal challenge • Local council and children’s playgrounds

• Focus of Co-operation and Competition panel• Restricted tenders for NHS in South East

• Introduction of EU Remedies Directive in Dec 2009• Requirement to weight award criteria• Disclose scores to all bidders• Publish award notice early – ideally within standstill period• Can now stop contracts upto 6 months after award

Page 18: NHS Wirral Procurement of Healthcare Services Valerie Attwood

Other key skills

• Contracting – Carole Hodgkinson this afternoon

• Be clear and concise

• Don’t allow ‘wriggle room’

• Negotiation

Page 19: NHS Wirral Procurement of Healthcare Services Valerie Attwood

Phases in Negotiation

• Preparation• info gathering, know the market, supply/demand, BATNA

• Opening• Each party presents their starting position

• Bargaining• Clarify information, present counter arguments

• Close• Agree a final position

Page 20: NHS Wirral Procurement of Healthcare Services Valerie Attwood

Car negotiation exercise

• Sellers have a brief • Buyers have a brief

2 minutes to read brief then 5 minutes to conclude a sale / purchase – we will then see if buyers and sellers are still happy with the deal !!

Page 21: NHS Wirral Procurement of Healthcare Services Valerie Attwood

Sale positions

• Seller

• Desperate to sell

• Well serviced

• Will include tax

• Target price £2,750

• Will sell for £2,000

• Buyer

• Desperate to buy

• Only car out of 4 in Autotrader you would buy

• Had £2,900 cash with them

Page 22: NHS Wirral Procurement of Healthcare Services Valerie Attwood

Key messages

• Consider all the options / arguments• Ensure a fair and transparent process• Be clear and concise with providers• Adopt a team approach to utilise specialist skills• Fail to prepare – prepare to fail• Remember – It’s not rocket science!!!

Page 23: NHS Wirral Procurement of Healthcare Services Valerie Attwood

Further help and guidance

PCT procurement guide - DHhttp://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_084778

PRCC - DHhttp://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_081098

EU Directives and UK Procurement Law - OGChttp://www.ogc.gov.uk/

publications_and_training_training_module_on_the_new_public_procurement_directives.asp

Page 24: NHS Wirral Procurement of Healthcare Services Valerie Attwood

THANK YOU FOR LISTENING

ANY QUESTIONS?

Valerie Attwood

Tel: 0151 651 3944

Email: [email protected]