Invitation to Tender Documentation. Health Education North East. Lead Employer Arrangement. Master Index of Tender Document

Transcription

1 Invitation to Tender Documentation for Health Education North East Lead Employer Arrangement HENE Project Ref. (0001) Master Index of Tender Document 15 August 2013 CLOSING DATE AND TIME FOR RETURNS: 11 OCTOBER 2013 at 12:00 1

2 MASTER INDEX OF TENDER DOCUMENTS TENDER FOR THE PROVISION OF LEAD EMPLOYER ARRANGEMENT 2

3 MASTER INDEX OF TENDER DOCUMENT Section A Background to HENE 4 Section B Invitation to Tender 8 Page Section C Conditions of Tender 12 Section D Specification 24 Section E Proposed Contract 30 Section F Price Schedule 69 (for mandatory completion and return) Section G Form of Offer 71 (for mandatory completion and return) Section H Tender Response 73 (for mandatory completion and return) Section I Certificate of Non-Canvassing 79 and Non-Collusion (for mandatory completion and return) Section J Pre-Printed Address label 81 3

4 SECTION A BACKGROUND TO HENE 4

5 BACKGROUND TO HENE Health Education North East is the regional Local Education and Training Board (LETB) of Health Education England which is the national leadership organisation responsible for ensuring that education, training and workforce development drives the highest quality public health and patient outcome. Health Education England (HEE) was established as a special health authority in June 2012 and assumed their full operational responsibilities from April HEE will provide leadership for the new education and training system and ensure that the shape and skills of the future health and public health workforce evolve to sustain high quality outcomes for patients in the demographic and technological change. HEE will ensure that the workforce has the right skills, behaviours and training, and is available in the right numbers, to support the delivery of excellent healthcare and drive improvements. HEE has 13 LETBs that are responsible for the training and education of NHS staff, both clinical and non-clinical, within their area. LETB boards are authorised committees of HEE and are made up of representatives from local providers of NHS services. HENEs mission, vision and key functions are: Mission To ensure security of supply of a competent, compassionate and caring workforce to provide excellent quality health and patient care. Vision Excellence in education and training for safe and effective healthcare. Key Functions: To secure an appropriate, high quality workforce for the north east leading to the best possible outcomes for patients and service users; Commissioning education and training on behalf of the local health community in the interests of sustainable service provision and within the parameters set by HEE; Identifying local priorities for education and training based on sound workforce planning that is aligned to service plans; Ensuring that the quality of educational provision is effectively monitored with intervention where appropriate; Securing value for money in respect of the commissioning and provision of education and training; Providing a forum for collaboration in workforce development between providers of NHS services. HENE is conducting this procurement using a process akin to the open procedure in accordance with the requirements of the Public Contracts Regulations 2006 for the purpose of procuring the requirements set out in the Specification Process Timetable Task Date Issue of tender documents 15 August 2013 Last date for Tenderers questions 27 September 2013 HENE Response to questions 03 October 2013 Tender return date 11 October 2013 Award of contract 1 December 2013 Contract Commencement 1 April

6 Background to requirement HENE would like to invite qualified service providers to respond to the ITT for the provision of the Lead Employer arrangement as set out in the service specification. This document sets out the requirements and the evaluation criteria to be used in the evaluation and provides information regarding how the Tender process will be managed. The purpose of this ITT is to solicit professional, properly defined and costed propositions and solutions. The information provided in the specification will help Bidders to evaluate their suitability and assess if the Bidder meets HENEs specific requirements. Service Overview One of the responsibilities of HENE is the organisation, management and quality assurance of postgraduate training to doctors and dentists in regulatory (General Medical Council or General Dental Council) approved training posts within the north east and north Cumbria. HENE is responsible for approximately 3,000 medical and dental trainees as detailed below: Foundation Programme this is a two year medical programme which has approximately 800 trainees. Trainees are predominantly based in one trust within the region for their two year period with one or two placements in a community setting (e.g. GP practice or mental health trust). General Practice (GP) this is a three year programme which has approximately 480 trainees. Trainees usually spend approximately 50% of their time in a general practice placement and 50% of their time in an acute or mental health placement; each placement usually lasts six months. Specialty There are 62 specialties which are grouped into 11 Schools which have approximately 1,900 trainees. The specialty programmes range from two to eight years; during the training programme trainees would rotate to different acute or mental health trusts, the frequency of the rotation is determined by the specific needs of that specialty and determined by clinicians with expertise in that specialty who undertake a training programme director role on behalf of HENE. Dentistry There are a variety of dental programmes which range between 1 and 5 years which include approximately 130 trainees. Depending on the training programme placements range between dental practices, local trusts and primary care dental services organisations. When trainees are appointed to training programme either through a national application and appointment process or local recruitment exercise, they need to be employed to undertake their role. Since 1996 the north east region has operated a lead employer model to remove the need for a trainee to change employer and alleviate the duplication of additional employment checks being required by each new employer. The contract will be awarded 1 December 2013, with a commencement date of 1 April 2014, and the length of the contract will be 4 years, with the potential of extending the contract up to 2 years (4+1+1). The key responsibilities of the Lead Employer would be: Recruitment involvement in national recruitment processes or managing local recruitment events to fill agreed training posts Employment checks to undertake the necessary employment checks required to meet legal requirements, NHS employers guidelines and any specific local requirements 6

7 Contractual - issuing appropriate and managing contracts to meet the requirements of employment legislation. Employment Issues the day to day management of employment issues (e.g. statutory leave, employee health and wellbeing, performance and disciplinary issues this is not an exhaustive list) Payroll and recharge management of the recharging arrangements to each host training organisation and subsequent management of the payroll function for the employees of the Lead Employer The immediate scope of this service is to provide the above services in relation to: - Specialty Trainees (approximately 1,900) these are in approved training posts within acute trusts, mental health or hospices - Dental Trainees (approximately 35) these are dental trainees in approved trainee programmes in acute trusts or primary care dental services organisations. The service will also include the management of the managers and administration support team who are based within HENE at Waterfront 4, the details of which are as follows: 1 x AFC 8b 1 x AFC 8a 1 x AFC Band x AFC Band 6 9 x AFC Band x AFC Band 4 1 x AFC Band 3 2 x AFC Band 2 We expect that the successful provider will also develop the service to potentially incorporate General Practice trainees (approximately 480) within 12 months of the contract being awarded, and be open to the potential of expanding the arrangement to cover other trainee groups as required. Health Education North East will provide the successful provider with a budget allocation of approximately 1,000,000 for year 1, subject to contract negotiation for the provision of the services listed within this ITT. The budget comprises of management fee, staff and salary costs and other incidentals. The budget allocation may increase up to 1.3m, during the term of the contract, following negotiation to provide services for additional groups of trainees, such as GP. The successful organisation will be required to demonstrate that they will implement a cost improvement strategy, year on year, for the duration of the contract. It is expected that the successful organisation will work with HENE and the existing Lead Employer Trust following the award of the contract until the contract commencement date, at the bidders expense, to ensure an effective transition from one organisation to the other. 7

8 SECTION B INVITATION TO TENDER 8

9 INVITATION TO TENDER Bidders/Tenderers In this ITT the terms Bidder(s). Provider and Tenderer(s) are used interchangeably to indicate an organisation that is participating in this tender process. The terms bid and tender are similarly used interchangeably. Contracting Authority Heath Education North East ( HENE ). Invitation to Tender Each Bidder is invited to submit a bid to provide the requirement set out in the Specification at Section D to be provided in accordance with the terms of the Contract set out at Section E. Each Bidder participating in this tender process must observe all the rules of this process as set out in this ITT, including but not limited to the Conditions of Tender set out at Section C. Each Bidder must provide: A completed Price Schedule as set out in Section F A completed Tender Response as set out in Section H the Form of Offer as set out in Section G the Certificate of Non-Canvassing and Non-Collusion as set out in Section I confirmation that any information previously supplied to HENE in connection with this process is still accurate and is incorporated by reference into the bid. Acceptance of bids HENE does not bind itself to accept the lowest or any offer. Tenderers are advised to read this Invitation to Tender and all supporting documentation very carefully to ensure they are familiar with both how to submit a bid and the nature and extent of the obligations to be accepted by them if their Tender is successful. Clarification Questions from Bidders Any questions which the Bidder wishes to raise in relation to this tender should be made via to susan.mcintyre@ne.hee.nhs.uk. Questions provided in other formats will not be considered or answered by HENE. The last date for the submission of Clarification Questions is 27 September HENE is under no obligation to respond to any question received after this time and date. However, HENE reserves the right to respond to any questions received after this deadline at its absolute discretion Clarification questions received by any other method may constitute canvassing as defined in this ITT. Organisations participating in a bid submission are therefore strongly advised to ensure that any communication with HENE about or related to this procurement process is submitted through 9

10 the methodology set out above as failure to do so may result in their bid submission being disqualified. Bidders are reminded that their questions, and HENE s response, will normally be circulated to all Bidders in an anonymous form, in order to treat all Bidders fairly. This information will be provided in digest form, periodically updated and uploaded to the relevant procurement portal for all Potential Bidders to view who have registered for the procurement. Provision will be made for potential Bidders to request clarification in confidence, but in responding to such requests HENE will reserve the right to act in what it considers a fair manner and in the best interests of the procurement, which may include uploading the response to the procurement portal and/or circulating the response to all Potential Bidders. Bidders are advised not to rely on communications from HENE in respect of any aspect of the Services or this ITT unless such communications are made in accordance with these instructions. a) Clarification Questions from HENE HENE reserves the right (but shall not be obliged) to require Bidders to clarify their bid submissions. Any such request will be made via from susan.mcintyre@ne.hee.nhs.uk to the Bidder s nominated representative. HENE retains a general discretion in relation to this procurement process, at any stage of this procurement process, to seek clarification from any Bidder in relation to any aspect of the bid submission. It is likely that any response to a clarification question will be required within two working days of request. Failure to respond adequately or in a timely manner to clarification questions may result in a potential Bidder not being considered further in the procurement. b) HENE may contact (or may require the Bidder to contact on its behalf) any of the customers, subcontractors or consortium members to whom information relates in a bid, to ask that they testify that information supplied is accurate and true. c) HENE reserves the right to seek third party independent advice or assistance to validate information submitted by a Bidder and/or to assist in the bid evaluation process. d) HENE reserves the right to conduct site visits and/or audits at any time during this procurement process. Return of Bids HENE require 3 paper copies of the bid, and a disc containing electronic copies. It is the sole responsibility of the Tenderer to ensure their offer is received in due time and date. Tenders received after the due date cannot normally be accepted. Tenderers must return bids via post, and submitted in a plain sealed package or envelope bearing a pre-printed label supplied by HENE (Section J) (or the word "tender" followed by the subject to which it related) and the latest date and time for the receipt of such tender, addressed to Alex Glover Head of Finance. The address is: Health Education North East Waterfront 4 Goldcrest Way Newburn Riverside Newcastle Upon Tyne NE15 8NY 10

11 Tender envelopes/ packages shall not bear any names or marks indicating the sender. The use of courier/postal services must not identify the sender on the envelope or on any receipt so required by the deliverer. HENE may, at its own discretion, extend generally the closing date and time specified. HENE intends to award the Contract to the Bidder(s) who submit(s) the most economically advantageous bid(s) as determined by applying the evaluation criteria set out in this ITT. However, HENE reserves the right not to award all or any of the business to most economically advantageous bid(s) or to any Bidder. Failure to return a completed ITT (i.e. this document and all of the other documents referred to within it as being mandatory ) by the closing date specified will entitle HENE to disqualify the relevant Bidder from participating in this procurement. 11

12 SECTION C CONDITIONS OF TENDER 12

13 1. Information and Confidentiality CONDITIONS OF TENDER 1.1 This ITT, all of the information contained within it, and all material produced, provided or created by HENE in connection with or for the purpose of this procurement is intended for the Bidder s exclusive use and is provided on the express understanding that it will be regarded and treated as strictly confidential. 1.2 This ITT, all of the information contained within it, and all material produced, provided or created by HENE in connection with or for the purpose of this procurement may not be reproduced, copied or distributed in whole or in part nor disclosed to any person or body other than to the Bidder, save for the purpose of: taking legal or other professional advice in connection with completing this ITT; and/or obtaining input from any organisation that is jointly submitting a response to this ITT with the Bidder (whether as a consortium member, sub-contractor or otherwise); and/or subject always to HENE s prior written consent to such disclosure (which it may withhold in its absolute discretion), obtaining input from any other parties which a Bidder demonstrates will provide information relevant to its ITT response. 1.3 Where disclosure has been provided in accordance with paragraph 1.2, above, the Bidder agrees to obtain confidentiality undertakings of identical strength to those set out above from any such parties prior to disclosure. Each such confidentiality undertaking shall name HENE (using its full legal title) as a third party and shall expressly provide that HENE may enforce the confidentiality undertakings contained within it as a third party right by virtue of the Contracts (Rights of Third Parties) Act Upon written request from HENE, a Bidder shall promptly provide evidence to HENE that confidentiality undertakings as described at paragraph 1.3, above, have been provided to the Bidder by all recipients of information to whom disclosure has been made pursuant to paragraph 1.2, above. 1.5 The Bidder must ensure that, to the best of its knowledge and belief, the information contained in its completed ITT is accurate and contains no material misrepresentation. 1.6 This invitation and its accompanying documents shall remain the property of HENE and must be returned on demand. 1.7 Any notice to a Tenderer required under these Conditions to be given in writing, shall be deemed to be duly served at the time of actual delivery if delivered to a physical address, or at the time of posting on the procurement portal if communicated via the procurement portal to the Bidder s nominated representative, or at the time of delivery in ordinary course of post if posted in a prepaid envelope addressed to the Tenderer by name, to the Tenderer's last known place of abode or business or, in the case of a company, the registered office of the company. 1.8 Estimated quantities, where inserted in the Invitation to Tender document, shall indicate only the probable requirements for the period referred to and HENE shall not be bound to order such quantities. 13

14 2. Freedom of Information and other information disclosures 2.1 HENE is committed to open government and meeting its legal responsibilities under the Freedom of Information Act 2000 (FOIA). Accordingly, any information created by or submitted to HENE (the submissions received from Bidders in response and relevant third party information) may need to be disclosed by HENE in response to a request for information. 2.2 HENE may also decide to include certain information in its relevant publication scheme maintained under the FOIA. In making a submission, each Bidder therefore acknowledges and accepts that the information contained therein may be disclosed under the FOIA. 2.3 Bidders must clearly identify any information supplied in response to this ITT, which they consider to be confidential or commercially sensitive and attach a brief statement of reasons why such information should be so treated and for what time period. 2.4 However, Bidders should be aware that even where a Bidder has indicated that information is commercially sensitive, HENE is responsible for determining at its absolute discretion whether such information is exempt from disclosure under the FOIA, or must be disclosed in response to a request for information. 2.6 Bidders should also note that the receipt by HENE of any information marked confidential or equivalent does not mean that HENE accepts any duty of confidence by virtue of that marking, and HENE has the final decision regarding the disclosure of any such information in response to a request for information. 2.7 In making a submission in response to this ITT, each Bidder acknowledges that HENE may be obliged under the FOIA to disclose any information provided to it: Without consulting the Bidder; or Following consultation with the Bidder and having taken its views into account. 2.8 Bidders acknowledge that HENE may be subject to the Environmental Information Regulations 2004 (EIR) and shall assist and co-operate with HENE (at the Bidder s expense) to enable HENE to comply with its information disclosure requirements contained in this legislation. 2.9 Bidders should be aware of HENE s obligations and responsibilities under the EIR to disclose, on request, recorded information held by HENE. Information provided by Bidders in connection with this procurement process, or any contract that may be awarded as a result of this process, may therefore have to be disclosed by HENE in response to such a request, unless HENE decides that one of the statutory exemptions under the EIR applies. HENE shall be responsible for determining, at its absolute discretion, whether the information submitted by a Bidder is exempt from disclosure in accordance with the provisions of the EIR. 3. Government Public Sector Transparency Requirements 3.1 Bidders acknowledge that HENE may be subject to the Government s public sector purchasing transparency requirements and that HENE may be required to publish on a Government on line portal or otherwise details of this procurement process, including but not limited to the process documentation and the contract awarded. 4. Environmental Considerations 14

15 4.1 On request, the Bidder shall provide documentary evidence to demonstrate compliance with the requirements of the Packaging (Essential Requirements) Regulations 2003 (as amended) which implements the EU Directive on Packaging and Packaging Waste (94/62/EC) (as amended) in the UK, and which requires packaging to be minimised, recoverable, and not to exceed by weight specified concentrations of heavy metals. 4.2 On request, the Bidder shall provide such packaging data as is required to discharge its statutory duties under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (as amended). 4.3 Further guidance can be found on the Department of Trade and Industry s web site at The Bidder shall provide, on request, information on the proportion by weight of postconsumer recycled material in the product and in the packaging. 4.5 The Bidder shall provide, on request, information on the weight and volume of product packaging applied to products and received by NHS bodies and/or other relevant bodies. 4.5 The Bidder shall provide information on the management of the product at end-of-life, including (but not restricted to) opportunities for re-use and recycling. 5. Consortia/Sub Contractors 5.1 If a bidder proposes to provide the services as part of a consortium, then the information requested in this ITT must be provided for all the consortia members and the response to this ITT must describe how the consortia will provide the services together with details of any proposed consortia structure, explaining equity participation and other roles. Information should be provided about the extent to which the bidder will call upon the resources and expertise of its members to provide the service. 5.2 If a bidder proposes to sub-contract elements of the service, then the information requested in this ITT must be provided for all sub-contractors as well as the prime contractor. The response to the ITT should set out how the prime and sub contractor will provide the services providing information in relation to the proportion of any contract awarded that the bidder proposes to sub-contract. 5.3 Bidders are reminded that any future change in relation to the consortia and sub contracting must be promptly notified to HENE so that it can make a further assessment by applying the selection criteria to the new information provided. 6. Prices 6.1 Prices must be stated in the Price Schedule and must remain open for acceptance until 120 days from the closing date for the receipt of Tenders. 6.2 The Price Schedule Template must not be altered or amended by any Bidder. 6.3 Prices must be firm (i.e. not subject to variation) for the period of the Contract (subject only to any variation provisions contained in the contract documents). 7. Tender Documentation and Submission 15

16 7.1 Tenders must be for the supply of the whole of the Services upon the terms and Conditions of the Contract. Tenders for part or parts only of the Services or for different standards or frequencies of Services or made subject to alternative terms or conditions may be rejected. 7.2 The Services offered should be strictly in accordance with the Specification. 7.3 Tenders must comprise: A completed Price Schedule as set out in Section F A completed Tender Response as set out in Section H the Form of Offer as set out in Section G the Certificate of Non-Canvassing and Non-Collusion as set out in Section I confirmation of acceptance of this section of the ITT (Conditions of Tender) details of that Bidder s ability, if any, to trade electronically confirmation that any information previously supplied to HENE in connection with this process is still accurate and is incorporated by reference into the bid. 7.4 The Form of Offer must be signed by an authorised signatory: In the case of a partnership, by a partner for and on behalf of the firm; in the case of a limited company, by an officer duly authorised, the designation of the officer being stated; and in the case of a consortium, by the lead authorised representative of the consortium, which organisation shall be responsible for the performance of the contract. Any signature included in the Tender will be deemed to be from an authorised person. 7.5 The Tender must be completed in full. HENE may reject any tender which: contains gaps, omissions or obvious errors; or contains amendments which have not been initialled by the authorised signatory; or is received after the closing time. 7.6 Where documents are embedded within other documents, Tenderers must provide separate electronic copies of each of the embedded documents. 7.7 For help in completing the Tender compliantly with the requirements of this ITT please contact HENE. 7.8 Bidders are reminded that in evaluating each bid HENE will only evaluate information that it has obtained via the process (whether contained in the Bid or otherwise obtained in accordance with the provisions of this ITT). Bidders should assume that HENE has no prior knowledge of the Bidder. 8. Award Criteria 8.1 The Contract will be awarded on the basis of the most economically advantageous offer judged on the following criteria Criteria Weighting (%) Essential Requirements Pass or Fail Function and Responsibility 40 Finance 35 Management Information 10 Liability 15 16

17 If any Bidder fails any question under Essential Requirements, they will be disqualified and will not be considered further in this process. 8.2 Sub Criteria Criteria Weighting (%) Essential Requirements Pass or Fail Function and Responsibility 40% Partnership Working 20 Operational Requirements 10 Resource Management 10 Finance 35% Price 25 Budget Management 10 Management Information 10% Managing Liability 15% 8.3 Scoring methodology Each scored question will be scored on the following basis, out of a maximum of 10 marks; Issue Score Description Fully meets the need 10 Fully meets requirements Minor Problem 8 Generally meets requirements, with minimal impact on service provision Moderate Problem 5 Some restrictions in the ability to meet requirements, but suitable working alternatives available Major Problem 2 Significant limitations on ability to meet requirements, impacting on the ability to provide service Critical Issue 0 Unable to meet requirements 8.4 HENE will adopt the following process for evaluating price. The price for Year 1 will be worth 80% of the 25% available for price, and the price for year 2 to 4 will be worth 20% of the 25% available for price. The price that will be used in the evaluation is the grand total for each year in section F. Year 1-20% HENE will adopt the following methodology to determine the score for year 1. Any bidder who submits a price that exceeds 1,300,000 for year 1 will receive a score of 0 (zero). The score will be calculated using the formula below, Score for year 1 = ((A - D)/C) x 20 17

18 where: A = 1,300,000 B = Cheapest price for year 1 (excluding any abnormally low tenders) C = Benchmark differential (A - B) D = Bidder s price Any negative scores will receive a score of 0 (zero). Years 2/3/4 Consolidated - 5% HENE will adopt the following methodology to determine the score for years 2 to 4. Any bidder who submits a price that exceeds 3,900,000 for years 2 to 4 will receive a score of 0 (zero). The score will be calculated using the formula below, where: Score for year 2 to 4 = ((A - D)/C) x 5 A = 3,900,000 B = Cheapest price for years 2 to 4 (excluding any abnormally low tenders) C = Benchmark differential (A - B) D = Bidder s price Any negative scores will receive a score of 0 (zero). 8.5 HENE will add the score for price to the score for the scored questions. The bidder with the highest combined score will be considered to be the most economically advantageous tenderer. 8.6 HENE is not bound to accept the lowest or any offer. 9. TUPE 9.1 The attention of Tenderers is drawn to the provisions of the European Acquired Rights Directive EC77/187 and TUPE (Transfer of Undertakings Protection of Employment Regulations). TUPE may apply to the transfer of the Contract from the present supplier(s) to the new one, giving the present supplier s staff (and possibly also staff employed by any present sub-contractors) the right to transfer to the employment of the successful Tenderer on the same terms and conditions. The above does not apply to the self-employed. 9.2 Tenderers are advised to form their own view on whether TUPE applies, obtaining their own legal advice as necessary. 9.3 To assist in this process HENE is seeking workforce details from the present supplier(s). HENE provides no warranty as to the accuracy of any such information supplied and accepts no liability for any inaccuracies that are contained within it or for any omissions from such information. Tenderers must form their own view and make their own enquiries as to whether TUPE will apply and as to the workforce implications if it does. 9.4 This information will be supplied to Tenderers on request on the basis that it is treated as strictly confidential; that it is not disclosed except to such people within the Tenderer s 18

19 organisation, and to such extent as is strictly necessary for the preparation of the tender; and that it is not used for any other purpose. By requesting this information from HENE a Tenderer will be deemed to have agreed to abide by these obligations of confidentiality. 9.5 The successful supplier will be required to indemnify HENE against all possible claims under TUPE. 9.6 It is a further requirement that the successful supplier will pass on all details of their own workforce towards the end of the Contract period so that this information can be passed to other bona fide suppliers to enable them to assess their obligations under TUPE in the event of a subsequent transfer occasioned by a future tender process. 10. Canvassing 10.1 Each organisation forming part of a bid submission must not canvass, solicit or offer any gift or consideration whatsoever as an inducement or reward to any officer (or their partner) or employee (or their partner) of HENE or to a person (or their partner) acting as an adviser to in connection with the selection of Bidders in relation to this procurement or any NHS organisation who will benefit from the service. Without limitation to the generality of the above obligation, any organisation that: directly or indirectly attempts to obtain information from any member, employee, agent or contractor of HENE or any NHS organisation who will benefit from the service concerning the process leading to the award of the contract (save as expressly provided for in the ITT); or directly or indirectly attempts to contact any member, employee, agent or contractor of HENE or any NHS organisation who will benefit from the service concerning the process leading to the award of the contract (save as expressly provided for in the ITT); or directly or indirectly attempts to influence any member, employee, agent or contractor of HENE or any NHS organisation who will benefit from the service concerning the conduct of the process leading to the award of the contract, or the structure of the procurement process, or the structure of the contractual opportunity, save where this occurs in a manner provided for in the ITT; or directly or indirectly canvasses any member, employee, agent or contractor of HENE or any NHS organisation who will benefit from the service concerning the process leading to the award of the contract (save as expressly provided for in the ITT); may be disqualified from the procurement process by HENE in its absolute discretion. Where any organisation forming part of a bid submission is disqualified the entire bid submission shall be disqualified. 11. Collusive Tendering 11.1 Any organisation forming part of a bid submission must neither disclose to, nor discuss with any other potential Bidder, or Bidder (whether directly or indirectly), any aspect of any response to any procurement documents (including the ITT). Without limitation to the generality of the above obligation, any organisation that: fixes or adjusts the price included in its response to the ITT by or in accordance with any agreement or arrangement with any other Bidder; or communicates to any person or body other than HENE the price or approximate price to be included in its response to the ITT or information that would enable the 19

20 price or approximate price to be calculated (except where such disclosure is made in confidence in order to obtain quotations necessary for the preparation of the response to the ITT or for the purposes of obtaining insurance or for the purposes of obtaining any necessary security); or enters into any agreement or arrangement with any other potential Bidder that has the effect of prohibiting or excluding that potential Bidder from submitting a response to the ITT or as to the price to be included in any response to be submitted; or offers or agrees to pay or give or does pay or give any sum of money, inducement or valuable consideration directly or indirectly to any person or body for doing or having done or causing or having caused to be done any act or omission in relation to any other response to the ITT or proposed response to the ITT; may be disqualified from the procurement process by HENE in its absolute discretion (and without prejudice to any other remedies available to HENE in such circumstances). Where any organisation forming part of a bid submission is disqualified the entire bid submission shall be disqualified. 12. NOT USED 13. The Contract Where a contract is awarded, this procurement will result in the successful Bidder being awarded a contract for the provision of a Lead Employer arrangement. The contract awarded shall be substantially in the form of the contract set out at Section E. Whilst the final signed contract shall be completed so as to include the contractual commitments contained in the bid of the successful Bidder, HENE shall entertain no material changes to the form of contract set out in Section E. Any Bidder submitting a bid containing any such material change may be excluded from the process. In submitting a bid in this process a Bidder is agreeing, should they be awarded the contract, to be bound by the terms of the Contract set out in Section E. Any queries or concerns about the form of contract should be raised as a clarification question during the period permitted for the raising of clarification questions under this process. HENE intends to award a contract for 4 years with the successful Bidder. There is an option to extend the contract for a further 2 years (4+1+1). The anticipated service commencement date is 1 April Disclaimer The information contained in this ITT is presented in good faith and does not purport to be comprehensive or to have been independently verified. HENE does not accept any responsibility or liability in relation to (and nor will any express or implied warranty be given in relation to) the accuracy, adequacy or completeness or any other information which has been, or which is subsequently, made available to any Bidder, Bidder guarantors, their financiers or any of their advisers, orally or in writing or in whatever media. This exclusion extends to any liability in relation to any statement, opinion or conclusion contained in, or any omission from, this ITT (including its schedules). 20

21 Interested parties and their advisers must therefore take their own steps to verify the accuracy of any information that they consider relevant, but are not entitled to rely on any statement or representation made by HENE or any of its advisers. Nothing in this ITT is, nor shall be relied upon as, a promise or representation as to any decision by HENE in relation to this procurement. No person has been authorised by HENE, or its advisers or consultants to give any information or make any representation not contained in this ITT and, if given or made, any such information or representation may not be relied upon as having been so authorised. Nothing in this ITT or any other pre-contractual documentation shall constitute the basis of an express or implied contract that may be concluded in relation to this procurement exercise, nor shall such documentation / information be used in construing any such contract. Each Bidder must rely on the terms and conditions contained in any contract when, and if, finally executed, subject to such limitations and restrictions that may be specified in such contract. No such contract will contain any representation or warranty in respect of this ITT or any other pre-contract documentation. HENE accepts (to the fullest extent permitted by law) no liability for any loss, liability, cost or expense (including legal expenses) incurred by any Bidder in preparing for or participating in this tender process, howsoever arising (and including, without limitation, in circumstances where HENE terminates or amends the process) (and whether under contract, tort or under any statutory provision or otherwise) including, without limitation, under any implied contract between HENE and any Bidder arising by virtue of this tender process. Submission of an ITT response by a Bidder shall be deemed acceptance of the exclusion of liability set out in this paragraph. In this paragraph 14, references to the ITT include all information contained in these documents and any other information (whether written, oral or in machine-readable form) or opinions made available by or on behalf of HENE or any of its advisers or consultants in connection with any other pre-contract document. Each Bidder s acceptance of delivery of an ITT response constitutes its agreement to, and acceptance of, the terms set out in this ITT. HENE reserves the right to change the basis of, or the procedures (including the timetable) relating to, the procurement process, to reject any, or all, of the ITT bids, not to invite a potential Bidder to proceed further, not to furnish a potential Bidder with additional information nor otherwise to negotiate with a potential Bidder in respect of the procurement. HENE shall not be obliged to appoint any of the Bidders and reserves the right not to proceed with the procurement, or any part thereof, at any time. If any provision or part-provision of this ITT is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of this ITT. 15. Conflicts of Interest Where HENE is notified, or otherwise becomes aware, of a conflict of interest between the Bidder and HENE or between a Bidder and any third party relevant to this procurement process, it may disqualify that Bidder from this process. 21

22 16. Tender Information Bidders are under a duty to notify HENE promptly should any information contained in their response to this ITT cease to be accurate. If a Bidder fails to do so, this will entitle HENE to disqualify that Bidder from the process, or where the Bidder has been awarded a contract as a result of this procurement process, HENE shall be entitled to terminate that contract. e) If HENE is notified, or otherwise becomes aware, that information supplied by a Bidder in its ITT response is incorrect, it may re-evaluate that Bidder against its short-listing criteria and/ or the Bidder s ITT response against its evaluation criteria and may, as a result of such re-evaluation, remove the Bidder from the procurement process (where the Bidder no longer meets the short-listing criteria) and/or remark the Bidder s bid and adjust that bid s ranking against the other bids received. Bidders should note that HENE reserves the right in the event of a bid being successful in this process to incorporate all or any assertions, promises, capabilities and/or commitments made or claimed in a bid as contractual terms in the contract awarded. 17. Bidder Identity and Material Changes Bidders must identify whether and to what extent subcontracting or consortium arrangements apply in the case of their bid. All sub-contractors and consortium members must be identified. The identity of the proposed contracting party must be identified. Bidders are subject to an ongoing obligation to notify HENE of any material changes in their identity, financial or other circumstances. This includes, but is not limited to, changes to the identity of partner organisations or sub-contractors or the ownership or financial or other circumstances thereof and solvency of the Bidder. HENE should be notified of any material change as soon as it becomes apparent. HENE reserves the right to refuse to allow such a change and to disqualify any Bidder from further participation in the procurement process. HENE may (without limitation) take into account whether such change is material to the delivery of the contract and/or the legal identity of the Bidder. Failure to notify HENE of any material changes or to comply with any of these provisions may lead to a Bidder being liable for disqualification from the procurement. 18. Procurement Costs Each Bidder will be responsible for its own costs and expenses (including legal costs and expenses) incurred throughout each stage of the procurement process. HENE will not be responsible for any costs incurred by any Bidder or any other person through this process, including but not limited to any exit or de-commissioning costs. HENE will not be responsible for any costs and expenses (including legal costs and expenses) that result from delay to this procurement process or from the abandonment of this procurement process. The exclusions in this paragraph apply separately from and in addition to the exclusions contained in paragraph

23 19. Publicity No publicity regarding this procurement process or the award of any contract will be permitted unless and until HENE has given express written consent to the relevant communication and has approved the detail of any such communication. Without prejudice to the generality of the foregoing, no statements shall be made to the media regarding the nature of any response to this ITT relating to this process, its contents, any ongoing dialogue between HENE and any Bidder or any proposals relating to it, without the prior written consent of HENE. 20. IPR All documentation issued in connection with this procurement shall remain the property of HENE and shall be used by the Bidder only for the purposes of this procurement. 21. Law and Jurisdiction Any dispute (including non-contractual disputes or claims) relating to this procurement shall be governed by and construed in accordance with the laws of England. The courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this procurement (including non-contractual disputes or claims). 23

24 SECTION D SPECIFICATION 24

25 SPECIFICATION The Services are as follows: 1 Recruitment 1.1 The Lead Employer will manage the recruitment and selection process for Trainee training posts. HENE will be responsible for notifying the Lead Employer of the vacancy numbers and specialty in which they wish to recruit. 1.2 The Lead Employer will be responsible for the full coordination of local and national recruitment events including booking venues, arranging panel members, agreeing the format of assessments. 1.3 The Lead Employer will ensure all staff and panel members involved in recruitment and selection have been trained in equality and diversity and recruitment and selection procedures to meet national guidelines and legislative requirements. 1.4 The Lead Employer will ensure recruitment and selection paperwork is processed correctly and meets any national and legislative requirements. 1.5 The Lead Employer will ensure their staff are fully trained to operate any local and national recruitment systems. 1.6 The Lead Employer will represent HENE at meetings relating to the recruitment process, systems development and specific areas in relation to difficult to fill specialties. 1.7 The Lead Employer will be required to complete the local recruitment process within 12 weeks of receiving the request from HENE. 1.8 The Lead Employer will be required to deliver the recruitment activity within the Payments made to it by HENE and the Lead Employer will appoint a budget holder who will be accountable for this. 1.9 The Lead Employer may, upon notification by HENE, be required to coordinate international recruitment activities for any shortage. 2 Employment 2.1 The Lead Employer will ensure all new Trainees commence on their given start date with all applicable NHS Employment Check Standards completed (currently six). The Lead Employer will notify Local Education Providers of any Trainees that are unable to start and provide a monthly exception report detailing the reason for any delayed start dates. 2.2 The Lead Employer will maintain management reports of training placements and notify each Local Education Provider of expected trainees eight weeks in advance of the rotational start date. 2.3 The Lead Employer will ensure a minimum dataset is input and maintained on HENE s trainee management database (Intrepid), such minimum dataset to be notified to the Lead Employer by HENE. The Lead Employer will also maintain accurate information on Intrepid regarding trainees who are out of normal training posts (e.g. maternity leave, long term sickness absence, resignations and out of programme experiences). 25

26 2.4 The Lead Employer will ensure all Trainees employed by them are complying with and meeting their requirements to maintain GMC / GDC registration and satisfy current Disclosing Barring Service (DBS) and valid Right to Work requirements. 2.5 The Lead Employer will be responsible for managing the process regarding sickness absence reporting from Local Education Providers and ensuring appropriate action is taken in line with the agreed sickness management policy. The Lead Employer will keep the Local Education Provider informed of how this is being managed with Trainees in a placement with them. 2.6 HENE has an existing contract to provide support to trainees including occupational health services. The Lead Employer will be required to use this service to make referrals and obtain any occupational health clearance to commence employment. The Lead Employer will be required to participate in the contract review meeting with the trainee support service provider to ensure good working relationships are maintained. 2.7 The Lead Employer will maintain a suite of employment policies and procedures including those attached in Schedule 4 (which will be updated prior to the Service Commencement Date) which meet all national guidelines and legislative requirements. Any changes to these policies must be agreed with Local Education Providers in the Review Group and trade unions if applicable. The Lead Employer must ensure they have appropriate mechanisms in place to communicate any policy or procedural changes with Trainees affected. 2.8 The Lead Employer will be responsible for all employment related issues and hold employment responsibility for the Trainees. In the event of a grievance or disciplinary matter the Lead Employer will be responsible for agreeing with HENE and / or the Local Education Provider who will lead and be involved in any investigation required. 2.9 The Lead Employer will maintain Trainee personnel and payroll information on the NHS Electronic Staff Record system (ESR) and ensure that relevant information, records and documentation held for Trainee personnel and payroll purposes are accurately maintained and validated, through monthly reconciliation reports and payroll information The Lead Employer will be required to maintain accurate records for the purposes of employment law and its equality duties and to maintain an accurate minimum dataset. Additionally the Lead Employer will be responsible for capturing and publishing data to meet the requirements of the Equality Act 2010 and the public sector equality duty The Lead Employer will be required to hold regular individual review meetings with Local Education Provider representatives to discuss Local Education Provider-specific issues as well as facilitating a quarterly review with all HENE Local Education Providers to discuss issues including national and regional requirements, emerging issues etc. 3 Payroll 3.1 The Lead Employer will be responsible for ensuring that Trainee salary scales including banding are correct at the time of advertisement; at the time of issuing the contract of employment; and upon subsequent rotation. 3.2 The Lead Employer will manage and process all expense claims for Trainees within the timescales notified to it by HENE. 3.3 The Lead Employer will have an appropriate payroll system to ensure all Trainees are paid on time in accordance with the timetable notified to it by HENE and employment contracts, including the issuing of accurate payslips and any HMRC documents. 26