Contract Management Framework

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1 Contract Management Framework

2 Contents Purpose and Scope... 2 The Contract... 2 The importance of the Contract... 2 Contract Management... 3 The Toolkits... 4 Outline of establishing a Contract Management Process... 5 Toolkit 1 Tier 1 Strategically Important contracts... 7 Development the Service Level Agreement:... 7 Data Collection... 7 Financial performance... 7 Contract Meetings... 8 Terminating the Contract... 8 Toolkit 2 Tier 2a Operationally Essential Contracts Back to Back Sub Contracts Toolkit 3 Tier 2B Operationally Essential Contracts Development the Service Level Agreement: Data Collection Financial performance Contract Meetings Terminating the Contract Toolkit 4 Tier 3 Operational Contracts Financial Compliance Notice and Termination Dispute Resolution Process 1 Open Tender Procedure Process 2 Restricted Tender Procedure

3 Purpose and Scope This document is provided as a guide to managing contracts in which we, the Trust, are the Purchaser and Provider of goods or services. It aims to give a toolkit for each category of contract; these toolkits will enable departments to take ownership of those contracts that are individual to their department. It is important to remember that contracts are inextricably linked to Procurement and to establish a good contract the person who will act as Contract Manager needs to be involved in the procurement process. Tier 2a specifically provides guidance on Back to Back or Sub-Contracts for the provision of Clinical Services. The Contract The foundations for effective contract management are laid in the stages before the contract is awarded. Preparation of a well-executed contract forms the basis around which a good relationship can grow and will have a significant impact on achieving a successful outcome. If the specification and subsequent contract is poorly constructed, it will be much more difficult to make the relationship a success or resolve disputes that arise. A good contract clearly identifies the obligations of the provider and the Trust. The obligations should be clearly defined and established as part of the tendering or service commissioning procedure and the contract. Written evidence of these obligations (as well as identified need, contract outcomes, delivery options, tender evaluation and contractor selection) must be retained as it forms part of the contract. This file development also supports Internal Audit requirements for proof of why decisions have been made and the basis we have entered into any agreement. NHS Standard Terms & Conditions of Contract MUST be used to form the basis of contract relationships, unless it is for a clinical service that we are subcontracting in order to deliver our national acute contract or NHS England contract In which case the national sub-contracting format must be used. Contracts for building works will sometimes be let using other relevant formal contract documents. The contract should be the central reference throughout the duration of the agreement and all other information (specification, Service Levels, Key Performance Indicators and Change Notices) will be attached to the contract as schedules. If you are preparing a contract on behalf of the Trust you should ensure that our interests are protected, seeking advice from the Head of Contract Management. In the case of a subcontract that flows from the acute or NHS England contracts, the Commissioning Team can support you. There may be exceptional circumstances where a third party provides the contract form; here it is important to check that it does not contain any clauses which are unacceptable to the Trust. Likewise if any aspect of the contract documentation causes concern specialist advice should be sought before proceeding. The importance of the Contract A contract is a written or verbal agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valued benefit that is intended to be enforceable by law. A contact also provides the tools with which to measure performance, value and effectiveness of the goods or services provided. Contracts are pivotal to the Trusts business dealings they help to identify where responsibility for goods and services that we use to deliver care to patients lies, and help us to take action when our providers are not meeting our quality expectations. 2

4 A contract is a legally enforceable agreement, therefore it is vital, when entering into a contract on behalf of the Trust, to ensure that: The correct procurement process has been followed The highest standards of probity in all dealings have been maintained The interests of the Trust are protected The rights and obligations are clear to all and the contractual relationships are clearly defined, deliverable and documented The relevant NHS Terms & Conditions of Contract shall apply Verbal agreements are avoided It is important to remember that a contract can be created without written documentation particularly where a service commences and payment is made in consideration of such service. Sending an to confirm agreement or a simple phone call can tie the Trust into a contract. Verbal or contracts are not appropriate business practice and must be avoided. If in doubt, please contact the Head of Contract Management in advance for guidance. Contract Management Contracts should be actively managed. Put simply, consider contractors like an additional Trust staff resource, proactive management and monitoring of contracts is as vital as staff management. Ensure that there is a common understanding on contract expectations and that any issues that arise are addressed quickly. Good communication and a program of regular performance review meetings should be in place. These meetings should be documented with actions allocated and timescales clearly set out for future reference. Do we buy in the goods or service or do we get paid to provide the service? Buy In Goods/Services Trust paid to provide service becomes Tier 2a Approach procurement to determine the value, impact on trust and potential length of contact. Approach the Commissioning Team for support Tier 1 Tier 2b Tier 3 3

5 The Toolkits This section details toolkits that have been developed to assist staff in managing contracts. Each toolkit has been developed to provide guidance based on the strategic importance of a contract; the toolkits are categorized as: Tier 1 Strategically Important Contracts - (assessed by: High Value, High Risk, Longevity) Tier 2a - Operationally Essential Contracts Back to Back Sub Contracts Tier 2b Operationally Essential Contracts - (assessed by: Medium Value, Medium Risk, Medium Term Tier 3 - Operational Contracts (assessed by: Low Value, Low Risk, Short Term) To determine in which category a contract sits, some analysis has been conducted on the spend and nature of the contract. Following this each new contract entered into by the Trust must be sent to the Head of Contract Management so that a Contracts Database can be kept, analysis of the contract will then be undertaken to determine where the contract will sit and how much management the contract will require to ensure efficient running. The placement of a contract in a tier is not determined by the spend level, but how the contract needs to be managed, and its impact on our ability to carry out our business. This is because a low value contract may be strategically important; for example a software maintenance contract that may cost approximately 17,000 per year over a 5 year period will not amount to the m s spent on capital projects. However the software that is being maintained may relate to critical systems (e.g. Theatre Management that ensures the surgical procedures are scheduled appropriately). If the software fails for any reason, the Trust must be confident that the contract has measures in place to drive the providing company to reinstate the systems, or develop a fix to have the system back up and running. The flow chart below gives an outline of how the contract will be managed. It is intended that all contracts regardless of the tier they sit in will be actively managed either by the Head of Contract Management; the Commissioning Team or within the service. 4

6 Outline of establishing a Contract Management Process Develop Specification in conjunction with procurement Tender requirement (procurement to advise route and support the process Is Training required? Y/N. If Yes, organise Training session Identify Contract Management Service Lead Contract Award Develop the Service Level Agreement and Key Performance Indicators Create a contract Commentary to sit with contract file and aid future management Create a Contract Management Schedule to include: Meeting dates Agenda Items Attendees Data Collection Schedules Data Analysis guidance Commence Contract Management 5

7 TOOLKIT 1 STRATEGICALLY IMPORTANT CONTRACTS 6

8 Toolkit 1 Tier 1 Strategically Important contracts Contracts in this category must be managed with a hands on approach and this toolkit provides a guide to how that type of contract management will be undertaken. Examples of Tier 1 contracts would be the Managed Service provision for Locum staff or Serco services When constructing a Contract Management plan for a contract that is rated as Tier 1, the Head of Contract Management will consider the following points. By considering each point and creating a plan around them the contract has a high chance of succeeding. Performance of the contract (Key Performance Indicators) Meeting schedules (to include Service Management; Planning and future Planning) Financial Compliance Exit Strategy (In House) Notice and Termination Transition (out of the contract) Mobilisation (set up of contract and service) Dispute Resolution Development the Service Level Agreement: The development of the Service Level Agreement will fall from the specification issued and the suppliers response to that specification. It will also be developed in conjunction with the supplier to ensure that the requirements can be met. Once the Service Level Agreement has been completed, the Key Performance Indicators can be addressed; again these need to be developed in conjunction with the supplier to ensure success. The Service Level Agreement and Key Performance Indicators will also be used to monitor and manage any penalties that have been built in for non-performance within the contract. These penalties and measurements can be used, if necessary to evidence termination of the contract for breach. Within the development of the SLA, the escalation procedure must be established and clearly stated. Data Collection Once the details of SLA and KPI s are set, the Contract Manager in conjunction with the supplier must then set the protocol for collation of the required data. This must be done together with the supplier to ensure that there is a consistency of data and data sharing. If the KPI s are to be effective, neither party wants get caught up in disputes over the data being presented or how it is presented. Financial performance Financial performance against contracted prices and savings stated must be checked and verified, if there is a discrepancy, this needs to be addressed early on before it becomes standard in the contract performance. Alongside financial performance, efficiency performance must also be measured. This will be against the KPI s and stated aims of the contract. The efficiency performance will not only 7

9 relate to suppliers, but also to internal stakeholders; e.g. is CHUFT adhering to the specification? Contract Meetings For contracts that fall into this Toolkit, the meetings must be held monthly. It is also best practice to ensure that there is a standing agenda with agreed and consistent items and a robust minuted and minute sharing protocol. When setting the meeting schedules the Contract Manager must also set the dates for when contract data is due and how that data is to be presented. This is to ensure consistency of data and sufficient time to analyse data ahead of the meeting. The contract meeting is also the forum to raise concerns regarding the contract performance and how best to mitigate any issues before they potentially become breaches. Terminating the Contract It may seem strange to be planning an exit before you have even started, but effective management of ending or terminating contracts is an important part of the contract management process. Termination clauses have grown in length and in terms of what they require. Even if no termination clause is included, there is a right in common law to terminate for fundamental breach of contract. There are several reasons why the Trust may want to exit a contract: termination for convenience; termination for cause (breach); or the contract could have come to a natural conclusion at the end of its term. A good contract will have clear and robust arrangements for termination. It should map out the process for termination and include any relevant notice periods, to enable an orderly transition of the relevant services to a replacement supplier. It is vital to the Trust s business continuity. There are three parts to drafting termination clauses: Planning for exit When exit occurs Post-exit 8

10 TOOLKIT 2 TIER 2a OPERATIONALLY ESSENTIAL CONTRACTS BACK TO BACK SUB CONTRACTS 9

11 Toolkit 2 Tier 2a Operationally Essential Contracts Back to Back Sub Contracts A contract will be part of this tier when: It relates to a service that the Trust (the Head Provider ) is commissioned to provide under an NHS standard contract, and Delivery of that commissioned service is being outsourced to or bought in from a third party (the Provider ) These contracts are sub-contracts to our main NHS contracts, and those sub-contracts need to carry through any obligations that we have to our commissioners, quality standards, requirements for information or reporting, and so on. Contracts that fall into Tier 2a would for example be; Renal Services or Endoscopy Where a sub-contract is new, or being renewed, there will also be a requirement for support from the Procurement team, to ensure that the right procurement process is followed, and that the contract is registered in the Trust contract management system, as for all other contracts. There is a national template for NHS sub-contract terms and conditions, designed to support exactly these sorts of arrangements and to protect the Trust by mirroring the NHS standard contracts. You can find a base template for these terms and conditions that has already been adjusted for our Trust with key standard inclusions on the commissioning intranet page and some guidance on what you need to do for each section, in the Documents box on the righthand side, here: ntract.php This template is updated from time-to-time to include any changes that flow from our commissioning contracts. Where there is a significant change that you will need to be aware of or vary into your existing arrangements, the commissioning team will get in touch with you. The sub-contract can be complex, but the key things that you need to remember are: Include the documents that flow from our acute contract you can find these on the intranet page The service specification is critical if it s not in the specification you haven t asked the provider to do it as part of their service delivery If you need something unusual from them, get it agreed and then add it to the contract. The commissioning team can help if you need it Make sure that the price you are paying is covered by the income that we get from our commissioners. If there are costs that we are incurring in sub-contracting the service, it may be that these are recoverable. For example, if a Provider is using our clinical treatment rooms we might need a license to occupy, through which we charge them for the use of that space, any equipment in it, and so on, or we might rent them some storage space on our server to store images, and so on Usually, you should expect to vary your sub-contract once per year to account for any new developments in the way that we are commissioned. Any standard variations like these will be supported by the Commissioning Team. There may be other aspects of the service that you agree to vary over the life of the sub-contract, and a blank contract variation template is also available in that Documents box if you need it. In the same Documents box you will find the current KPI schedule, our service development plan and data quality plan. All of these are expected to be appended to your sub-contract in order to ensure that the Provider is able to support us to meet our commissioned obligations. 10

12 You can also find all the sub-contracts that are registered with the commissioning team towards the bottom of this page. The list of contracts there are all those sub-contracts of which the team are aware. If you think you have a contract that meets the criteria above and it doesn t appear on this page, get in touch with the commissioning team. The risks associated to these contracts are all managed through DATIX and your sub-contracts will appear in your divisional risk register. If you need any other support to develop or manage your commissioning sub-contract, contact the commissioning team. 11

13 TOOLKIT 3 TIER 2B OPERATIONALLY ESSENTIAL CONTRACTS 12

14 Toolkit 3 Tier 2B Operationally Essential Contracts In Tier 2b the contract management needs to be actively managed but not with the same detail as contracts that fall into Tier 1. Contract meetings should be held quarterly and the Head of Contract Management will only need to attend half yearly meetings. Contracts that might fall into this area would be stationery/multi-function Devices The following points all need to be considered when creating a Contract Management Plan for contracts that fall into Tier 2. By considering each point and creating a plan around them the contract has a high chance of succeeding and not escalating to the detailed Contract Management required for contracts in Tier 1. Performance of the contract (Key Performance Indicators) Meeting schedules (to include Service Management; Planning and future Planning) Financial Compliance Notice and Termination to also include an Exit strategy Mobilisation (set up of contract and service) Dispute Resolution After considering the points above the Contract Management Plan can be developed. For contracts that fall into this toolkit, the plan must be developed in conjunction with the supplier to ensure success. Development the Service Level Agreement: The development of the Service Level Agreement will fall from the specification issued and the suppliers response to that specification. It will also be developed in conjunction with the supplier to ensure that the requirements can be met. Once the Service Level Agreement has been completed, the Key Performance Indicators to be addressed; again these need to be developed in conjunction with the supplier to ensure success. Within the development of the SLA, the escalation procedure must be established and clearly stated. Data Collection Once the details of SLA and KPI s are set, the Contract Manager in conjunction with the supplier must then set the protocol for collation of the required data. This must be done together with the supplier to ensure that there is a consistency of data and data sharing. If the KPI s are to be effective, neither party wants get caught up in disputes over the data being presented or how it is presented. Financial performance Financial performance against contracted prices and savings stated must be checked and verified, if there is a discrepancy, this needs to be addressed early on before it becomes standard in the contract performance. Alongside financial performance, efficiency performance must also be measured. This will be against the KPI s and stated aims of the contract. The efficiency performance will not only relate to suppliers, but also to internal stakeholders; e.g. is CHUFT adhering to the specification? 13

15 Contract Meetings For contracts that fall into this Toolkit, the meetings must be held quarterly, although the service may meet the supplier more frequently if they feel it would be beneficial. It is also best practice to ensure that there is a standing agenda with agreed and consistent items and a robust minuted and minute sharing protocol. When setting the meeting schedules the service lead must also set the dates for when contract data is due and how that data is to be presented. This is to ensure consistency of data and sufficient time to analyse data ahead of the meeting. The contract meeting is also the forum to raise concerns regarding the contract performance and how best to mitigate any issues before they potentially become breaches. Terminating the Contract It may seem strange to be planning an exit before you have even started, but effective management of ending or terminating contracts is an important part of the contract management process. A good contract will have clear and robust arrangements for termination. It should map out the process for termination and include any relevant notice periods, to enable an orderly transition of the relevant services to a replacement supplier. It is vital to the Trust s business continuity. There are three parts to drafting termination clauses: Planning for exit When exit occurs Post-exit 14

16 TOOLKIT 4 TIER 3 OPERATIONAL CONTRACTS 15

17 Toolkit 4 Tier 3 Operational Contracts Non-strategic contracts do not need to be actively managed by the Contract Management team and can be managed by the service area. As a guide (and to ensure that contract issues do not escalate into issues that require hands on management or even litigation), it is advisable to retain contact with the relevant person in the contracting organisaiton and to review invoices on a monthly basis. Whilst the need for direct Contract Management of these services is not great, the following points must still be considered when reviewing the contract to assess effectiveness. Performance of the contract against the specification or requirements Financial Compliance Notice and Termination Dispute Resolution Performance of the contract against the specification or requirements Is the supplier delivering what is expected of them and in accordance with the specification issued when they were engaged? Financial Compliance Are the invoices correct? Is the service being delivered in an efficient and effective manner? Notice and Termination Ensure that the notice periods is diariesed that where appropriate the termination or end date is adhered to. Often low value, Strategically less important contracts are forgotten about and the termination date is missed, leading to tying into a further year of service. Dispute Resolution Ensure that the Service user is clear on the process for dispute resolution, including the escalation procedures. 16

18 APPENDIX A Contract Management Checklist If you manage a contract, regardless of the Tier in which it sits, the following points need to be considered when developing the specification. Preparation What you need to do Points to consider Be prepared to manage all aspects of the contract Put the right people in place to manage the contract Assign adequate resources to manage the contract Ensure there is mechanism for feedback on performance Service delivery management Relationship management Contract administration Supplier performance Payments to the supplier via Finance Involve key staff in specification and contract development. For major contracts develop a contract guide or commentary explaining why the contract was developed The individual or team responsible for contract management must have adequate knowledge to understand both sides of the arrangement. Consider the training needs of contract management staff The skills and experience required to manage the relationship may be different from those required to manage service delivery There will be an in house resource to manage the contract this needs to be identified at an early stage Feedback from suppliers (as well as the Trust s perspective on the supplier s performance) increases the likelihood of problems and issues being promptly identified and resolve Managing Service Delivery What you need to do Points to consider Establish what levels of service are required, and ensure they are maintained During this phase risks should be managed and business continuity plans should be in place should service failure or interruption occur. In many situations an alternative supply will always be available and sole suppliers are rare There should be a detailed agreement of the required service levels and thus expected performance and quality of service to be delivered Where specific service levels have been set, it may sometimes be appropriate to take a flexible approach to enforcement, particularly in the early stages of contract performance. Measure quality as well as Quality measures might include assessing aspects such 17

19 quantity as completeness, availability, capacity, reliability, flexibility and timeliness, among others Some aspects of a service may be measurable by numerical means; others may require subjective assessment Ensuring value Carefully consider all the benefits that the contract provides in relation to the ongoing investment it requires All costs associated with the contract must be taken into consideration, including: set up costs, recurring costs, fixed costs, unit costs, disposal costs and the organisation s own overheads in managing the contract Monitoring equality & diversity Benchmark and learn from others Where equality and diversity monitoring is deemed relevant to the contract (e.g. in respect of contractor workforce profile, customer access, satisfaction and complaints, etc) then monitoring and reporting requirements will be defined in the contract, and enforced through contract management arrangements Compare the value you are getting with what other organisations are getting Compare the way you manage contracts with the way other organisations manage similar contracts Post contract review Manage risks Managing risk means identifying and controlling factors that may have an impact on fulfilment of the contract Risks can relate to many aspects of the contract, including fluctuation in demand, lack of provider capacity, change in requirement and transfer of skilled staff (on either side) All risks must be identified and managed Risks should be placed with the party best placed to manage them Business risk cannot be transferred to the provider. The final responsibility for achieving outcomes remains with the Trust Ensure service continuity Consider service continuity what will happen if service fails or is interrupted Barring force majeure (an act of God or unforeseen circumstance), it will normally be the provider s responsibility to manage service continuity, and this will be stipulated in the contract but it will need to be taken into account in the organisation s wider business continuity plan Where contracts are interrupted due to force majeure, such as natural disasters of terrorist attacks, contract managers should work with the provider to identify the best way to enable the services to resume Those aspects of a service identified as critical require careful consideration and the creation of a business continuity plan The risks associated with service interruption or failure 18

20 Managing the Relationship What you need to do The relationship must be managed as well as the more formal aspects of the contract. should be identified, formally recorded in a risk register, assigned to an individual owner and actively managed in accordance with good risk management practice Points to consider It is in the organisation s interest to make the relationship work The three key factors for success are: Mutual trust and understanding Openness and excellent communications A joint approach to managing delivery Communication is crucial Good communications are always the make or break in managing a relationship The routes and media through which information will flow during the contract should be defined and ideally tested before the contract commences There are three levels of communication in a contractual arrangement: strategic (senior management/board of directors); business (contract managers on both sides); and operational (technical and frontline staff) Communication between supplier and client should be peer to peer; that is operational problems are resolved by staff at the operational level, not discussed with business managers Culture, attitude and behaviour are as important as the terms of the contract There will always be some tensions between the different perspectives of customer and provider. Contract management is about resolving or easing such tensions The right attitudes will engender the right behaviours. Both sides objectives must be shared and understood, the arrangement directed to achieving them Adversarial approaches will increase the distance between customer and provider leading to poor value and service Deal with problems promptly Contract Administration What you need to do Problems may occur even in the best contract relationships The contract managers should ensure that the provider has problem management procedures in place, including escalation procedures within the providers organisation and that these are used when needed These procedures should seek to prevent problems as well as resolve them The contract must define the procedures for undertaking corrective action if, for example, target performance levels are not being achieved If a dispute cannot be managed at the level at which it arises it will be necessary to escalate to a higher level of authority. This escalation process needs to be managed but should not be the first course of action when a problem arises. Points to Consider 19

21 Administration of the contract is important Maintain the contract documentation Changes must be controlled Clear administrative procedures ensure that all parties to the contract understand who does what, when and how The elements that need managing are likely to include: Contract maintenance and change control Notice periods, contract closure or termination Charges and cost monitoring Ordering procedures Payment procedures Budget procedures Resource management and planning Management reporting The contract will have to evolve to reflect changes in arrangements Contract maintenance means keeping the documentation up to date and relevant to what is happening on the ground Establish procedures to keep contract documentation up to date and ensure that all documents relating to the contract are consistent and that all parties have the correct version The specification and administration of change control is an important area of contract administration Appropriate structures need to be in place with representatives of both customer and provider management for reviewing and authorising change requests Be careful that changes do not fall outside the scope of the original OJEU advertisement and conflict with procurement regulations seek advice if you re unsure It is particularly important that additional demands on the service provider should be carefully controlled Formal authorisation procedures will be required to ensure that only those new requirements that can be justified in business terms are added to the contract A single change control procedure should apply to all changes Make sure Divisional Management understands what is happening and escalate any relevant issues through the Trusts reporting structure Seeking Improvements What you need to do Management reporting procedures ensure that information about problems with a contract reaches those with power to act as soon as it is possible Requirements for service performance reports and management information should be built into the contract and confirmed at the tender stage Where possible, use should be made of the provider s own management information and performance measurement systems For Divisional Managers a summary of the service they have received along with a note of exceptions is normally sufficient Information requirements may change over the life of a contract Points to consider 20

22 Give suppliers reasons to improve The aim of incentives is to motivate the provider to improve by offering increased profit, or some other desirable benefit, as a reward for improved performance or added value Types of incentive include guaranteed levels of capacity and volume, revenue sharing and commercial opportunities Incentives to improve are sometimes built into contract terms It is important that incentives are balanced. They should not emphasise one aspect of performance at the expense of other, perhaps less visible, aspects Any financial incentives should offer rewards to both parties that fairly reflect any investment they have to make to achieve the saving in the first place Seek to bring down costs, not margins, to allow a supplier a reasonable return to cover such items as training and development A requirement for continuous improvement can be built into the contract, for example through a price decreasing year on year It is important that continuous improvement is seen as being desirable and beneficial to both parties rather than as a means to drive down prices 21

23 Appendix B Categorisation of Colchester Hospital University NHS Foundation Trust top contracts The top suppliers have been determined by spend over the following financial years: The cut off point for spend was 100,000, with only suppliers appearing in all three years or if they appeared only once, only those that appeared in were included. Pharmacy suppliers, NHS organistions (including PCT/CCG), Councils and Educational establishments were filtered out. Further analysis of the spend data described will be completed to determine the nature and subsequently the tiering of the contracts. 22

24 Appendix C End of Contract and Exit Planning process Exit planning will be individual to each contract and will be dependent upon which tier the contract sits in; however as a guide, all service managers and contract managers/leads will need to consider the following: Review performance of whole contract. Is the contract still relevant? Is the specification still relevant? What is the future plans of the trust? What needs updating? Has the contract performed well, if not why not? Discuss with the procurement options open to the Trust This is to ensure that all options are considered, e.g. use of a framework, regional collaboration or a standalone tender Procurement will work with the service to create a timetable for re-procurement to include: Notice period Time to re-tender (including potential protracted evaluations); In some cases this can take up to 12 months. Further details on tendering timetables can be found in Appendix D Hand over period 23

25 Appendix D Indicative Timetables for re- Procurement The timetables given below are dependent on the route taken, the total value of the goods, services or works and whether or not the Trust choses to use an existing framework (please see the procurement policy for more detail on these). These timetables are only meant to be used as guide for the exit planning and retendering. Before a tender can be advertised the following documents must completed: Specification Document Tender documents Pre-Qualification Questionnaire (if required) Evaluation criteria, model and notes for the evaluation team Process 1 Open Tender Procedure This is where an advert is placed and all interested parties will receive a tender document. This should be used where the market is narrow or the requirement is low risk. It should not be used if the there are lots of organisations in the market as you will have an obligation to send tenders to all applicants and evaluate all responses. Action Advertise for Expressions of Interest for this requirement Evaluation of the responses Award Formal award Timescale The advert must remain open for a minimum of 35 days. During this time, interested parties must request tender documents and return them by the closing date. The evaluations must be thorough and fair, the timescale here will depend on the availability of the key service users and evaluation team. As a guide, the evaluations will take a minimum of 2 weeks to complete. When a decision has been made regarding the successful bidder, internal procedures must be followed and dependent on the value of the contract, presentation at committees or boards may be required. This can take 4 weeks depending on where in the cycle of the meetings the evaluations are completed. Once all of the internal processes have been followed and an agreement is reached on the successful bidder a formal award can be made. Following the formal award a 10 day standstill period must be entered into. This is time where unsuccessful bidders can take the opportunity to challenge the award. It is a legal requirement and during this stage the Trust must not engage with the successful. 24

26 Process 2 Restricted Tender Procedure This is where an advert is placed and all interested parties will receive a Pre-Qualification Questionnaire. After this stage, the evaluation team will shortlist the applicants to a minimum of 3 and a maximum of 6 bidders; these bidders will be sent a tender document. This should be used where the market is wide and where competition is high. Or where the requirement is high risk and the Trust needs to be sure the successful bidder can provide the goods or services required to particular standard. Action Advertise for Expressions of Interest for this requirement Evaluation of the Pre-Qualification Questionnaire responses Issue tenders to shortlisted bidders Evaluation of the Tender responses Award Formal award Timescale The advert must remain open for a minimum of 30 days. During this time, interested parties must request a Pre-Qualification Questionnaire and return them by the closing date. The evaluations must be thorough and fair, the timescale here will depend on the availability of the key service users and evaluation team. As a guide, the evaluations will take a minimum of 2 weeks to complete. The shortlist should be made up of a minimum of 3 bidders and a maximum of 6 The bidders will have a minimum of 30 days to respond to the Invitation to Tender. However if there is a requirement for site visits and/or presentations these need to be factored into this timetable. Ideally a tender should be issued for a minimum of 6 weeks to allow for thorough due diligence by both parties. The evaluations must be thorough and fair, the timescale here will depend on the availability of the key service users and evaluation team. As a guide, the evaluations will take a minimum of 2 weeks to complete. When a decision has been made regarding the successful bidder, internal procedures must be followed and dependent on the value of the contract, presentation at committees or boards may be required. This can take 4 weeks depending on where in the cycle of the meetings the evaluations are completed. Once all of the internal processes have been followed and an agreement is reached on the successful bidder a formal award can be made. Following the formal award a 10 day standstill period must be entered into. This is time where unsuccessful bidders can take the opportunity to challenge the award. It is a legal requirement and during this stage the Trust must not engage with the successful. 25

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