Milton Keynes CCG authorisation process- procurement strategy. NHS Milton Keynes CCG Shadow Board. Matthew Webb, Chief Financial Officer

Transcription

1 Subject: Meeting: Milton Keynes CCG authorisation process- procurement strategy NHS Milton Keynes CCG Shadow Board Date of Meeting: 7 August 2012 Report of: Matthew Webb, Chief Financial Officer Introduction Milton Keynes CCG is undertaking a programme of work in support of its application for authorised status. As part of that programme of work the CCG needs to ensure that it has a procurement strategy and policy in place that ensures appropriate levels of control and maximises value for money. The strategy will also ensure that the CCG will meet its obligations under the Public procurement regulations 2006 and all key EU requirements. Purpose of this strategy This procurement Strategy sets out how the CCG will develop its procurement activities. It does not set out detailed procurement processes or approval routes as these will be covered by the CCG s Governance, Standing Financial Instructions and Scheme of Delegation. Recommendation The Board is asked to approve the procurement strategy. Page 1 of 11

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3 NHS Milton Keynes Clinical Commissioning Group Procurement Strategy Page 3 of 11

4 Table of Contents 1 Purpose 2 Aims 3 Principles 4 Objectives 5 Approach 6 Procurement Process 7 Accountability and Authorisation 8 Complaints and Dispute Resolution 9 Sustainability and Environmental Issues 10 Guidance Appendix 1 EU Directive procedures Appendix 2 Glossary of Terms Page 4 of 11

5 1.0 Purpose 1.1 This procurement Strategy sets out how the CCG will develop its procurement activities. It does not set out the detailed procurement processes or approval routes as these will be covered by the CCG s Governance, Standing Financial Instructions and Procurement Policies and Procedures. 1.2 This Procurement strategy has been designed to support the CCG through the authorisation process by showing an understanding of the current requirements and guidance for Procurement Activities of NHS Bodies. 1.3 The strategy will also ensure that the CCG meets its legal duty with regard to compliance with the Public Procurement Regulations Aims 2.1 This strategy has a number of specific aims : To ensure engagement with all stakeholders and relevant parties when a procurement is undertaken To ensure quality of services are achieved and maintained To enable greater choice for patients by expanding the number of qualified providers To ensure the CCG achieves value for money in its procurement activities To ensure the CCG makes the appropriate decision whether a procurement is necessary To avoid possible conflicts of interest where the CCG may be a Potential Provider 3.0 Principles 3.1 The following principles will guide the CCG as it develops : Commissioning and procurement shall be open, fair, transparent and nondiscriminatory Services are sourced with the active involvement of stakeholders The CCG will use providers best placed to meet patient needs. Services and Goods are sourced competitively where appropriate Achieves value for money Any Complaints regarding the procurement process are handled correctly via a dispute resolution process Page 5 of 11

6 4.0 Objectives 4.1 The objectives are to: To enable the CCG to secure its strategic objectives to commission efficiently and effectively to represent best value for the local population when purchasing clinical and non clinical services and goods. To enable the CCG to develop a supply base that ensures local access to a continuing, and expanding range of services that are required to meet the needs of the local population. To ensure all CCG employees, service providers and members of the public are aware of the agreed approach to the CCGs procurement activities. To set out a clear framework for deciding when competitive procurement is necessary; and when existing contracts can be maintained and improved using alternative means. To demonstrate compliance with the EU Principles, Public Procurement Directive and the principles of the PRCC. 5.0 Approach 5.1 The CCG recognises that effective engagement with stakeholders is a requirement of NHS organisations and will also offer substantial benefits to the generation of outcome-based service specifications. 5.2 Stakeholder engagement with new and existing providers, members of the public, clinicians and other service users will occur at key points in the service review and procurement processes. Where possible the input from these groups will be used to ensure the views of patients are included in the services being commissioned. 5.3 This will enable the CCG to decide whether these needs are best met through a competitive tendering exercise or if the service can be commissioned by another means. 5.4 When making this decision the CCG will comply with the EU Principles, the Public Contract Regulations and the guidance contained within the PCT Procurement Guide. Lower value contracts may be procured using alternative routes having taken into account the type of service and risk associated with commissioning them without reducing the quality requirements of the service. 5.5 Guidance in relation to the EU principles and how they apply to a specific case may be required and will be sought from a CSU, who will able to provide access to appropriate legal or other specialist advice on these issues, if considered necessary. Page 6 of 11

7 5.6 Any decision taken not to competitively tender will be clearly justified by the CCG and documented. 6.0 Procurement Process 6.1 The CCG will apply the Principles and Rules set out in the EU Procurement Directives and the Pubic Contracts Regulations 2006, which detail the rules that Public Bodies must follow for the procurement of Goods and Services The general principles of the EU Procurement Directive are:- Transparency Opportunities will be advertised on Supply2health and OJEU Evaluation processes, award criteria and decisions regarding procurement will be published Any conflicts of interest will be declared and managed Equal treatment Evaluation criteria will be objective, non-discriminatory and carried out in accordance with the published criteria All parties will have the opportunity to apply for any opportunity the CCG wishes to tender Proportionate The Procurement process will not be onerous and will be applied with consideration as to the complexity, risk and value of the service being commissioned Non-Discriminatory All bidders will be treated equally and information will be passed to all at the same time 6.2 The EU Procurement Directive has two different service types:- Part A Services to which the full EU Directive applies. Part B Services which includes healthcare and social services. The full EU Directive does not apply to these but the general principles of transparency, equal treatment, objectivity and non-discrimination apply Page 7 of 11

8 6.3 The Procurement of Goods is also subject to the full EU Directive 6.4 The CCG will adopt the principles which apply to Goods and Part A Services for its tendering exercises for Part B Services. This will minimise the risk to the CCG of any challenge during the Procurement Process. 6.5 These principles will also be adopted for the Any Qualified Provider process which may be used as a means of Commissioning Services on behalf of the CCG. 6.6 The EU Directive Timescales and stages for all procedures are shown in Appendix Accountability & Authorisation 7.1 At each stage of the procurement the CCG will ensure that the project is authorised in accordance with the CCG s Governance arrangements and Standard Financial instructions. 7.2 Where the CCG has used a CSU to provide the Procurement services the final decision as to the appointment of the contractor will be made by the CCG. 8.0 Complaints and Dispute Resolution 8.1 The CCG will have in place a Competition Dispute Resolution process to hear any complaints from organisations who consider that the CCG has not complied with this Strategy, the Rules for Co-Operation and Competition or any of its Policies and Procedures. 9.0 Environmental and Sustainability Issues 9.1 The CCG recognises that it as an organisation is responsible for environmental and sustainability issues and will produce policies for these which will consider the impact of procurement activities on both the social and economic environment. This will enable goods and services to be sourced in a sustainable and environmentally friendly way Guidance 10.1 The CCG has based this strategy on the following guidance:- Procurement Guide for Commissioners of NHS Funded Services Principles and Rules for Co-Operation and Competition Protecting and Promoting Patients Interests: the Role of Sector Regulation Page 8 of 11

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10 Appendix 1 EU Directive Procedures Page 10 of 11

11 Appendix 2 Glossary of Terms CCG CSU OJEU PRCC Clinical Commissioning Group Commissioning Support Unit Official Journal of the European Union Principles and Rules for Co-operation and Competition Page 11 of 11