Terms of Reference Clinical Procurement Committee

Transcription

1 Terms of Reference Clinical Procurement Committee AI 4.2 The Procurement Committee is a subcommittee of the Governing Body and is established in accordance with NHS Bury s Clinical Commissioning Group s constitution, standing orders and scheme of delegation. These terms of reference set out the membership, remit, responsibilities and reporting arrangements of the Procurement Committee and shall have effect as if incorporated into the clinical commissioning group s constitution and standing orders. Terms of Reference Introduction This paper sets out the context for the establishment of the Committee as a sub-committee of the Governing Body. The Clinical Procurement Committee activities will support the Vision and Values of the NHS Bury Clinical Commissioning Group. Role of the Committee The role of the Clinical Procurement Committee (CPC) is to be accountable to the Governing Body for implementation of the CCG Procurement Strategy ensuring that the CCG follows agreed principles and methods in: Procurement planning - using information on population, priorities and providers to ensure good local procurement decision making Procurement process - following an agreed local process in undertaking a procurement Publishing procurement information ensuring that the CCG meets its obligation of transparency This committee will establish and implement the processes Bury CCG will follow in procuring clinical services. It will set out the principles that will underpin all of Bury CCG s procurements. It will also detail how decisions on the procurement route will be made including open tenders, any qualified provider, contract management etc. Bury Clinical Commissioning Group will conduct all of its clinical procurements in accordance with The National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations It will be guided by the following: Transparency - All communications with providers will be transparent so that commissioning intentions, decisions (or not) to tender, advertising of opportunities, procurement evaluation criteria, publication of decisions and mechanisms for feedback will be clear and unambiguous. Efficiency - The procurement process will be as efficient and time effective as possible for both commissioners and for providers. As an outcome, all procurements will aim to improve productivity, efficiency and effectiveness of services without compromising clinical quality.

2 Quality - Services will be procured that meet patient needs to the highest possible quality standard, and use appropriate measurable performance indicators to monitor provider performance. The procurement process and content will support the encouragement of providers to deliver continual improvement in the quality of services they are commissioned to provide. Continuity - Commissioners will continue to work in partnership with key providers of NHS services but may be supported by other teams including Local Authority partners when required, to continually test these services to ensure that the current providers deliver the best value for money. Equality - All sectors and providers (NHS and non-nhs) will be treated equitably in terms of procurement rules, access to information, timescales, financial and quality assurance checks, pricing and payment regimes. Proportionality - Procurement processes will be followed that are proportionate to the value, complexity and risk/benefit to patients of services procured. Different procurement routes for different types of services will enable this. Potential costs to bidders will also be considered when assessing which procurement routes to follow. This will be outlined further within the Bury CCG Clinical Procurement Policy. Consistency - Local and national principles and rules will be applied consistently across Bury and over time. Professional Conduct - All procurement personnel will be subject to the Professional Code of conduct as published by the Chartered Institute of Purchasing and Supply. Membership The membership of the Clinical Procurement Committee will represent a balance of skills, knowledge, experience and interests to ensure that it can discharge its delegated duties. Members Advisors Non-Executive Director (Chair) Clinical Director (Deputy Chair) Head of Commissioning / Executive Lead CCG Finance Lead Quality Lead IM&T Lead Procurement Advice CSU Contract Advice CSU Communication / Engagement Advice CSU The Procurement Committee may at its discretion invite attendees to its meetings to support it in discharging its duties and purpose. By agreement with the Governing Body the Clinical Procurement Committee may co-opt additional members as a means of managing potential conflicts of interest. 2

3 Quorum The quorum will be: Four members of the membership to either approve decisions or make recommendations to the Governing Body Frequency and notice of meetings The Clinical Procurement Committee will meet on a monthly basis Terms of Reference, frequency of meetings and membership will be reviewed on an annual basis, or as required by changes in organisational requirements Agenda and supporting papers will be circulated at least 5 days prior to the meeting. The meeting will be services by the CCG administration team. Minutes of all meetings will be recorded and minutes circulated to CCG Governing Body. Remit and responsibilities of the Procurement Committee Bury Clinical Commissioning Group will conduct all of its procurements in accordance with The National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations It will be guided by the following: Transparency - All communications with providers will be transparent so that commissioning intentions, decisions (or not) to tender, advertising of opportunities, procurement evaluation criteria, publication of decisions and mechanisms for feedback will be clear and unambiguous. Efficiency - The procurement process will be as efficient and time effective as possible for both commissioners and for providers. As an outcome, all procurements will aim to improve productivity, efficiency and effectiveness of services without compromising clinical quality. Quality - Services will be procured that meet patient needs to the highest possible quality standard, and use appropriate measurable performance indicators to monitor provider performance. The procurement process and content will support the encouragement of providers to deliver continual improvement in the quality of services they are commissioned to provide. Continuity - Commissioners will continue to work in partnership with key providers of NHS services but may be supported by other teams including Local Authority partners when required, to continually test these services to ensure that the current providers deliver the best value for money. Equality - All sectors and providers (NHS and non-nhs) will be treated equitably in terms of procurement rules, access to information, timescales, financial and quality assurance checks, pricing and payment regimes. Proportionality - Procurement processes will be followed that are proportionate to the value, complexity and risk/benefit to patients of services procured. Different procurement routes for different types of services will enable this. Potential costs to bidders will also be considered when assessing which procurement routes to follow. This will be outlined further within the Bury CCG Procurement Policy. Consistency - Local and national principles and rules will be applied consistently across Bury and over time. Professional Conduct - All procurement personnel will be subject to the Professional Code of conduct as published by the Chartered Institute of Purchasing and Supply

4 Provider Engagement & Market Management:- Ongoing provider engagement is part of Bury CCG s commissioning cycle. Engagement activities such as information events will be taken where they relate to individual procurement, but an ongoing dialogue with providers will be followed in order to involve providers in the shaping of Bury CCG s commissioning intentions and for providers to be clear about the shape and quality of service provision those commissioning intentions require. Equality and Non-Discrimination:- Bury CCG has a responsibility not to discriminate, promote equality of opportunity and pay particular attention to groups or sections of society where improvements in health and life expectancy are not keeping pace with the rest of the population. As part of these legal requirements and principles of the NHS Constitution 3, Bury CCG will carry out equality impact assessments to take account of its diverse population and to ensure that no groups are adversely affected. Bury CCG will also ensure that easily accessible information is available to all. Member, Patient and Public Engagement:- Bury CCG has a duty to involve members, patients and the public, whether by consulting or by other means in developing and improving services and any proposals for change. Member practices will be involved in the development of service specifications through the sector groups. Where there are no potential conflicts of interest, member practices will be invited to participate in tender evaluations. Bury CCG must consult the local Health Overview and Scrutiny Committee, Healthwatch and the Health and Wellbeing Board. Bury CCG is committed to actively engaging with Bury s patients and local population. In particular this will assist in identifying areas where health needs are not being adequately met and where there is scope for improvement of services. This will include commissioners undertaking public and patient engagement or consultations before a procurement process begins and engaging patient and public representatives where possible in procurement project steering groups. Service users should also inform the shape of planned changes to provision. Engagement will be ongoing through stakeholder events. Sustainable Procurement:- Bury CCG recognises the responsibility and role it plays in reducing the impact it has as an organisation on the environment, and wishes to encourage health providers to do the same through reducing use of natural resources and in particular carbon emissions. Bury CCG will utilise e-procurement methods as far as possible, and include tender questions and performance measures relating to environmental considerations in the contracts tendered. Bury CCG will encourage providers and potential providers to be innovative in reducing their environmental impact whilst maintaining excellent clinical quality standards and improved outcomes. Responsibilities:- The Clinical Procurement Committee will be responsible for: a. Planning Ensuring compliance with CCG Standing Orders and Standing Financial Instructions and legal obligations in respect of tendering and contract procedures The CCG annual procurement work programme and monitor on an on-going basis reshaping and/or refocusing as required to take account of emerging and changing 3 4

5 factors Developing new skills within the CCG around the functions and processes of procurement, including a CCG procurement training programme, procurement guide and lessons learnt review document Ensuring a procurement policy and a service review process to inform the commissioning and decommissioning of services. Maintain effective relations with key stakeholders and ensure effective communication within and outside the CCG, taking steps as necessary to ensure widespread engagement and understanding of the Bury CCG Procurement Programme. Ensure all relevant inputs have been prepared by the lead clinician and service redesign manager to enable a robust decision making process on whether, and how, to procure any specific service. b. Process Review and oversee the progress of all Bury CCG procurements, ensuring compliance with the NHS Procurement, Patient Choice and Competition Regulations and in particular to: Recommend the procurement route to be used for individual procurements e.g. Single Tender Action, Formal Competitive Tender or Any Qualified Provider (AQP) ensuring that there is sufficient evidence to support the decision and that advice has been sought from the expert procurement team (CSU) for the decision of Management Team Approve the advertising of procurements Approve the issue of tender documentation Approve the evaluation strategies to be used by procurement project teams Recommend the award of tenders to the Governing Body in accordance with the CCGs Scheme of Delegation Endorse the inclusion of contractors onto a Any Qualified Provider list where required. Manage conflict of interest between commissioners and providers and ensure that any conflicts identified are appropriately addressed c. Publishing Ensure all CCG procurement contract adverts, expressions of interest and contract awards are published on Supply 2 Health and on the CCG website Maintain a record of all CCG awarded contracts and will ensure that this is accessible to patients and the public via the CCG website Maintain a website page specifically on procurement that provides patients and the public with transparent and timely information on the CCG s procurement process and activities. Service Redesign and/or Clinical Leads involved in service reviews will be required to attend to: Seek advice on procurement method to be used Submit and present monthly progress reports once the procurement method has been agreed until such time as the contract has been awarded and published 5

6 Minutes of Meeting Minutes of all meetings will be recorded and minutes circulated to CCG Governing Body Other Matters These Terms of Reference, membership and performance will be reviewed on an annual basis and will require approval by the Governing Body if any changes are made. Conflict of Interest All Clinical Procurement Committee members will declare any potential conflict of interest regarding individual procurements. Where a member has a material interest, they should either be excluded from relevant parts of the meeting, or join in the discussion but not participate in the decision-making itself. Where it is likely that GPs will be involved in bidding for and providing services the NHS Commissioning Board document Code of Conduct: Managing Conflict of Interests where GPs are Potential Providers of CCG Commissioned Services should be adhered to and the template questionnaire completed for each relevant procurement. The Clinical Procurement Committee will: Ensure that all Procurement Evaluators complete a Conflict of Interest Declaration Ensure the Declaration is entered onto the CCG register of interests Reference to key policies: NHS Bury Clinical Commissioning Group Conflicts of Interest Policy NHS Bury Clinical Commissioning Group Standards of Business Conduct Relationship with the Governing Body The Clinical Procurement Committee is a subcommittee of NHS Bury Clinical Commissioning Group governing body. The Clinical Procurement Committee maintains links with the Audit Committee, Clinical Cabinet, Patient Cabinet and Quality and Risk Committee. NHS Bury CCG Governing Body approved: [Insert Date] 6