Framework Agreement to Support the Assessment of Clinical Service Delivery and the Financial Viability of Healthcare Providers.
Contract notice
Services
Section I: Contracting authority
Monitor
4 Matthew Parker Street
Contact point(s): Department of Health - Procurement Centre of Expertise (PCOE)
SW1H 9NP London
UNITED KINGDOM
E-mail:
Internet address(es):
General address of the contracting authority: http://www.monitor-nhsft.gov.uk/
Address of the buyer profile: http://www.dh.gov.uk/health/about-us/bms/index.htm
Electronic access to information: http://www.dh.gov.uk/health/about-us/bms-dh-e-tendering-portal
Electronic submission of tenders and requests to participate: http://www.dh.gov.uk/health/about-us/bms-dh-e-tendering-portal
Further information can be obtained from: The above mentioned contact point(s)
Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)
Tenders or requests to participate must be sent to: The above mentioned contact point(s)
The contracting authority is purchasing on behalf of other contracting authorities: yes
The Department of Health
Richmond House, 79 Whitehall, London
SW1A 2NS London
UNITED KINGDOM
NHS Trust Development Authority (NTDA)
9th Floor, 105 Victoria House
SW1E 6QT London
UNITED KINGDOM
Section II: Object of the contract
Service category No 11: Management consulting services [6] and related services
Main site or location of works, place of delivery or of performance: UK.
NUTS code UK
maximum number of participants to the framework agreement envisaged: 20
Duration of the framework agreement
Duration in years: 4Estimated total value of purchases for the entire duration of the framework agreement
Estimated value excluding VAT:Range: between 1 and 210 000 000 GBP
The objective of this framework agreement is for contractors to develop strategic options assessing financial viability of clinical services, when a healthcare Provider falls into financial distress/failure. In the event of this happening, Monitor/NTDA will appoint a Trust Special Administrator (TSA) or Monitor alone may appoint a Health Special Administrator (HSA).
There are two separate routes to appointing TSA's, one for NHS Foundation Trusts and the other for NHS Trusts. A Health Special Administrator may also be appointed in the case of an independent sector provider entering administration. Details of the different routes and powers are provided in the ITT document.
Essentially, the appointed specialist will act as an advisor to Monitor/NTDA overseeing the delivery of the provider's services whilst a longer term solution is found. As such, parties to this framework agreement may be required to run healthcare providers - of all sizes - as a going concern in the interim. We anticipate that successful contractors will have expertise in running large companies, other public sector organisations or health organisations whilst they are in administration.
Further information about Monitor can be found at: http://www.monitor-nhsft.gov.uk/ Further Information about the NTDA can be found at: http://www.ntda.nhs.uk/
This Framework Agreement is subsequently divided into two lots: Lot 1: Strategic Recommendations, and Lot 2: Implementation of Strategic Recommendations.Lot 1 (Strategic Recommendations)
The Contractor may be required to deploy up to two teams to the Provider's location - a Contingency Planning Team (CPT) and/or a Special Administration Team (SAT).
A CPT would identify options for restructuring, including identifying those specific services to be protected at the Provider. A troubled provider might not proceed to special administration where it is possible to secure a solvent restructuring.
Example duties of the Contingency Planning Team (CPT)
- To Support Commissioners to identify Protected Services (PS)
- To support the development of plans to ensure that PS are continued throughout an administration if a provider were to be placed in administration..
- To develop recommendations for non-protected services
- Communication / stakeholder management.
In the event that a Special Administration Team (SAT) is required, the SAT will then have an Interim Report on which he or she is required by the Health and Social Care Act 2012 to consult. The Administrator may choose to either consult on the Interim Report immediately or to develop it further, prior to the consultation process required by the Act. In either case, whilst the Report is being developed, consulted upon and discussed with the Secretary of State, the Administrator, once appointed, is required to run the Provider as a going concern as would normally be expected in an administration process.
Example duties of the Special Administration Team (SAT)
Please note that these are example duties only and some may not be applicable in any particular special administration. The duration and precise nature of the duties required of a Contractor will be specified in greater detail at mini-competition stage.
- Strategy development;
- Stakeholder engagement - including managing the consultation process;
- Responding to creditors (as appropriate to Health Special Administration or Trust Special Administration);
- Trading matters;
- Patient Safety;
- Employee relations and management;
- Compliance and Statutory Matters;
- Communications Matters.
Further details of the tasks required are contained within the ITT document. The output of Lot 1 will be a strategic report providing details of the consultation.
CPT stage and SAT stage may be subject to individual mini-competitions however a direct award may be permissible under emergency situations. Details of this mechanism are provided in the ITT document. We would expect the direct award of contracts to Contractor's to be the exception, rather than the norm.
Lot 2 (Implementation of Strategic Recommendations)
Following the consultation and a process of acceptance of the final Report by Monitor and/or the Secretary of State as appropriate to the type of special administration, a new Contractor may be appointed
Typical activities that may be expected of a Contractor (whether acting as the TSA or as support to the TSA) at this stage mirror those that may be required in a corporate insolvency. These may include but are not limited to:
- Facilitation of contract renegotiations with suppliers and third parties;
- Reconfiguration and rationalisation of property held by the Provider;
- Reconfiguration of clinical service lines offered at the Provider's location;
- The development of new clinical service lines as recommended in the Report;
- The assessment of staffing and managerial levels and the facilitation of contractual negotiations, in accordance with the Transfer of Undertakings (Protection of Employment) Regulations where appropriate;
- The preparation of the Provider for a merger with another NHS Foundation Trust or for the transfer of its assets and liabilities to another NHS Foundation Trust or the Secretary of State or between another NHS Foundation Trust and the Secretary of State.
A mini competition will be held in most cases however the Authority does have the option to use a direct award mechanism however this option will only be used as a last resort.
The Contracting Authority reserves the right to discontinue the tendering process at any time and not award the contract.
The Contracting Authority considers that this contract may be suitable for economic operators that are small or medium enterprises (SMEs). For the avoidance of doubt, the contracting authority points out that no weight will be attached to whether or not the economic operator is an SME in selecting economic operators to submit tenders or in assessing the most economically advantageous tender.
The Authority wishes to allow a maximum of 20 suppliers onto the framework agreement (Therefore a maximum of up to 10 suppliers per lot).
79400000, 66171000, 79212100, 72221000, 79411000, 79414000, 72224000, 79411100, 79996000, 66170000, 73210000, 72246000, 66121000, 79221000, 66519600, 66600000, 79412000, 71241000, 79311400, 79330000, 79212200, 79313000, 79100000, 79110000, 79140000, 79200000, 79418000, 79990000, 79000000, 79212000, 72225000, 79311410, 79416100, 90714200, 79212300, 79111000, 79421000, 85100000
Tenders may be submitted for one or more lots
Precise quantities are unknown and will also depend on the number of suppliers appointed but the estimated value over the life of the framework agreement is 210 000 000.00 GPB.
The Authority wishes to allow a maximum of 20 suppliers onto the framework agreement (Therefore a maximum of up to 10 suppliers per lot).
Description of these options: Up to 12 months.
Provisional timetable for recourse to these options:
in months: 36 (from the award of the contract)
Number of possible renewals: 1
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 48 (from the award of the contract)
Information about lots
Lot No: 1 Lot title: Strategic RecommendationsA CPT would identify options for restructuring, including identifying those specific services to be protected at the Provider. A troubled provider might not proceed to special administration where it is possible to secure a solvent restructuring.
Example duties of the Contingency Planning Team (CPT):
- To Support Commissioners to identify Protected Services (PS);
- To support the development of plans to ensure that PS are continued throughout an administration if a provider were to be placed in administration;
- To develop recommendations for non-protected services;
- Communication / stakeholder management.
In the event that a Special Administration Team (SAT) is required, the SAT will then have an Interim Report on which he or she is required by the Health and Social Care Act 2012 to consult. The Administrator may choose to either consult on the Interim Report immediately or to develop it further, prior to the consultation process required by the Act. In either case, whilst the Report is being developed, consulted upon and discussed with the Secretary of State, the Administrator, once appointed, is required to run the Provider as a going concern as would normally be expected in an administration process.
Example duties of the Special Administration Team (SAT)
Please note that these are example duties only and some may not be applicable in any particular special administration. The duration and precise nature of the duties required of a Contractor will be specified in greater detail at mini-competition stage.
- Strategy development;
- Stakeholder engagement - including managing the consultation process;
- Responding to creditors (as appropriate to Health Special Administration or Trust Special Administration);
- Trading matters;
- Patient Safety;
- Employee relations and management;
- Compliance and Statutory Matters;
- Communications Matters.
Further details of the tasks required are contained within the ITT document. The output of Lot 1 will be a strategic report providing details of the consultation.
CPT stage and SAT stage may be subject to individual mini-competitions however a direct award may be permissible under emergency situations. Details of this mechanism are provided in the ITT document. We would expect the direct award of contracts to Contractor's to be the exception, rather than the norm.
79400000, 66171000, 72221000, 79411000, 79414000, 72224000, 79411100, 79996000, 66170000, 73210000, 79421000, 66121000, 79221000, 66519600, 66600000, 79412000, 79212200, 90714200, 79313000, 72225000, 79212300, 79100000, 79110000, 79111000, 79140000, 79200000, 79418000, 85100000
Estimated value excluding VAT:
Range: between 1 and 71 000 000 GBP
For Lot 2 (Implementation of Strategic Recommendations) please use ITT number 58781.
Suppliers will need to complete a seperate ITT document for each Lot and upload it to the corresponding ITT number on BMS.
The Authority wishes to allow a maximum of 20 suppliers onto the framework agreement (Therefore a maximum of up to 10 suppliers per lot).
Typical activities that may be expected of a Contractor (whether acting as the TSA or as a support to the TSA) at this stage mirror those that may be required in a corporate insolvency. These may include but are not limited to:
- Facilitation of contract renegotiations with suppliers and third parties;
- Reconfiguration and rationalisation of estates held by the Provider;
- Reconfiguration of clinical service lines offered at the Provider's location;
- The development of new clinical service lines as recommended in the Report;
- The assessment of staffing and managerial levels and the facilitation of contractual negotiations, in accordance with the Transfer of Undertakings (Protection of Employment) Regulations where appropriate;
- The preparation of the Provider for a merger with another NHS Foundation Trust or for the transfer of its assets and liabilities to another NHS Foundation Trust or the Secretary of State or between another NHS Foundation Trust and the Secretary of State.
79996000, 79421000, 79200000, 66121000, 79990000, 66171000, 79414000, 79100000, 79000000, 79418000, 79410000, 79212000, 72225000, 79311410, 79416100, 85100000
Estimated value excluding VAT:
Range: between 1 and 139 000 000 GBP
Suppliers will need to complete a seperate ITT document for each Lot and upload it to the corresponding ITT number on BMS.
The Authority wishes to allow a maximum of 20 suppliers onto the framework agreement (Therefore a maximum of up to 10 suppliers per lot).
Section III: Legal, economic, financial and technical information
See the invitation to tender for further details.
Minimum level(s) of standards possibly required:
See the invitation to tender for further details.
Section IV: Procedure
Prior information notice
Notice number in the OJEU: 2012/S 236-388798 of 7.12.2012
Place:
PCOE, 4th Floor, Department of Health, Skipton House, London, SE1 6LH.
Persons authorised to be present at the opening of tenders: yesAdditional information about authorised persons and opening procedure: PCOE Procurement Staff.
Section VI: Complementary information
The Department of Health/Monitor reserves the right to discontinue the tendering process and not to award the contract.
Transparency:
Potential suppliers should note that, in accordance with the Government's policies on transparency, DH intends to publish the Invitation to Tender (ITT) document, and the text of any Framework Agreement/Contract awarded, subject to possible redactions at the discretion of DH/Monitor/NTDA. The terms of the proposed Framework Agreement will also permit a public sector contracting authority, awarding a contract under this Framework Agreement to publish the text of that contract, subject to possible redactions at the discretion of the contracting authority. Further information on transparency can be found at:
http://www/cabinetoffice.gov.uk/resource-library/guidance-transparency
This procurement exercise will be completed via the DH eTendering portal (BMS) and candidates wishing to be considered for this (or any other) DH contract must submit their response via BMS. The BMS reference number for this exercise is Lot 1 - Strategic Recommendations: 58777, Lot 2: Implementation of Strategic Recommendations: 58781. Please note if suppliers wish to bid for both lots, Suppliers will need to complete a seperate ITT document for each Lot and upload it to the corresponding ITT number on BMS.Suppliers should visit http://www.dh.gov.uk/en/Aboutus/Procurementandproposals/BMS/index.htm to register and download instructions on how to respond.
If you require assistance, please contact the Supplier Helpdesk on 0113 254 5777 or
This helpdesk is availabile 10,00 am to 4,00 pm, Monday to Friday excluding Bank Holidays.The Authority wishes to allow a maximum of 20 suppliers onto the framework agreement (Therefore a maximum of up to 10 suppliers per lot).
The Public Contracts Regulations 2006 (SI2006 No 5) provide for aggrieved parties who have been harmed or are at risk of harm by breach of the rules to take action in the High Court.
Royal Courts of Justice
Strand
WC2A 2LL London
UNITED KINGDOM
Telephone: +44 2079477726