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University Hospitals Birmingham (UHB) Invitation to tender for the provision of Community-Based Sexual Health Services in Pharmacies under the Pharmacy Partners dynamic purchasing system established by University Hospitals Birmingham (UHB) TENDER ROUND 1 OJEU Number: 2016/S 139-252175 Deadline for Call-Off Tenders to be received: 12:00 on 27 September 2016 INSTRUCTIONS AND INFORMATION ITT section A – DPS call-off (August 2015/PCR 2015) 1

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University Hospitals Birmingham (UHB)

Invitation to tender for the provision of Community-Based Sexual Health Services in Pharmacies

under the Pharmacy Partners dynamic purchasing system established by University Hospitals Birmingham (UHB)

TENDER ROUND 1

OJEU Number: 2016/S 139-252175

Deadline for Call-Off Tenders to be received: 12:00 on 27 September 2016

INSTRUCTIONS AND INFORMATION

Version 0.1 draft: 21/07/2016

ITT section A – DPS call-off (August 2015/PCR 2015)1

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TABLE OF CONTENTS1 GLOSSARY................................................................................................................................. 3

2 INTRODUCTION AND BACKGROUND......................................................................................3

3 PROCUREMENT TIMETABLE..................................................................................................10

4 INSTRUCTIONS TO BIDDERS.................................................................................................12

5 EVALUATION METHODOLOGY AND CRITERIA FOR CALL-OFF TENDERS.......................17

ANNEX 1 SERVICE SPECIFICATION………………………………………………………………..20ANNEX 2 HISTORIC ACTIVITY..................................................................................................21ANNEX 3 TARGET NUMBER OF PHARMACIES......................................................................22ANNEX 4 PHARMACY SERVICES SUBCONTRACT................................................................23ANNEX 5 BIRMINGHAM WARD MAP.......................................................................................24

ITT section A – DPS call-off (August 2015/PCR 2015)

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1 GLOSSARY

The following capitalised terms used throughout this document shall have the following meanings ascribed to them:

Authority the University Hospitals Birmingham NHS Foundation Trust;

BCC Ward means any ward located within the Birmingham Local Authority boundary;

Bidder means those entities who have been admitted to the DPS and wish to submit a tender to provide the Services;

Call-Off Contracts shall mean any contract opportunities which may be subsequently awarded to Bidders admitted to the DPS and which shall be subject to the Pharmacy Services Subcontract;

Call-Off Tender shall have the meaning given to it in paragraph 2.35;

DPS shall have the meaning given to it in paragraph 2.34;

ITT means this invitation to tender distributed to those Bidders who have been admitted to the DPS;

Main Contract shall have the meaning given to in paragraph 2.21;

Pharmacy Partner Opportunity

means each opportunity to provide either Tier 1 or Tier 2 Services within a BCC Ward as more particularly described in Annex 3 of this ITT;

Pharmacy Partner(s) means each registered pharmacy/branch of a Sub-contractor which has been awarded a Pharmacy Partner Opportunity;

Pharmacy Services Sub-contract

means the form of contract that the Authority proposes to enter into with each Bidder which is subsequently awarded a Call-Off Contract;

PQQ means the pre-qualification questionnaire;

Regulations means the Public Contracts Regulations 2015;

Services shall mean either the Tier 1 Services or the Tier 2 Services as more particularly described in the Service Specification (a copy of which has been made available to Bidders via the Portal);

Sub-contractor means those Bidders which are subsequently awarded a Call-Off Contract.

2 INTRODUCTION AND BACKGROUND

2.34 The University Hospitals Birmingham NHS Foundation Trust ("the Authority") is issuing this invitation to tender ("ITT") in connection with the competitive

ITT section A – DPS call-off (August 2015/PCR 2015)3

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procurement of Community-Based Sexual Health Services in Pharmacies (the "Services"). The ITT is being issued to all economic operators who have been admitted to the Pharmacy Partners dynamic purchasing system ("DPS") established by the Authority pursuant to a contract notice 2016/S 139-252175. This document contains important information about the procurement process and the contracts that the Authority intends to award.

2.35 The on-line tender response form contains the questions that Bidders must complete. Each Bidder's response ("Call-Off Tender") should be detailed enough to allow the Authority to make an informed award decision.

2.36 All Call-Off Tenders must be returned no later than the deadline for receipt of Call-Off Tenders specified on the front cover of this ITT.

2.37 The Authority is using the BravoSolution e-tendering portal to conduct the procurement process ("the e-Tendering Portal"). The e-Tendering Portal can be accessed at https://heartofengland.bravosolution.co.uk/web/login.shtml. All communications (including submission of Call-Off Tenders) should be carried out via the e-Tendering Portal.

2.38 The contents of the on-line tender questionnaire are set out below:

Tender questions (to be answered by Bidders)Pass/Fail Questions

1 Pharmacy located within BCC wardGeneric Questions

2 Business Continuity3 Staff Training4 Safeguarding5 Information Governance6 STI Screening7 Effective promotion of services8 Patient feedback

Location Specific Questions9 Prescriptions10 Accessibility11 Visibility12 Service availability13 Skills

Approach to awarding Call-Off Contracts

2.39 Annex 3 stipulates how many Pharmacy Partner Opportunities the Authority anticipates it will award within each BCC Ward pursuant to this Tender Round 1 (each of which shall constitute a separate 'Pharmacy Partner Opportunity'). UHB reserves the right to withdraw a Pharmacy Partner Opportunity at any point during the procurement process, if it considers a particular Pharmacy Partner Opportunity is no longer required. Where a Bidder is subsequently awarded two or more Pharmacy Partner Opportunities under Tender Round 1, the Authority anticipates that it shall only enter into one Pharmacy Services Sub-contract with the Bidder concerned; however each Pharmacy Partner Opportunity shall constitute a separate contract between the Authority and the Bidder and are therefore severable from each other.

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BCC Wards

2.40 Bidders will be eligible to apply to be considered for Pharmacy Partner Opportunities in a BCC Ward in which they are located, or if they are located within a quarter of a mile outside the BCC Ward concerned.

Background to Umbrella

2.41 Umbrella is a new and uniquely comprehensive partnership of local providers of services including community pharmacists, general practitioners, third sector and other partners, NHS Trusts and Birmingham City Council services.

2.42 The Umbrella name and logo have been carefully chosen to provide an identity for this partnership that has strong visual impact and will rapidly become easily recognisable to the residents of Birmingham and Solihull as the sign of high quality, person centred, comprehensive and expert sexual health services.

2.43 The lead partner and accountable body in Umbrella is University Hospitals Birmingham NHS Foundation Trust ("UHB"), a large and financially sound organisation which currently provides the majority of sexual health services in Birmingham and Solihull including the only purpose-built city centre clinic (Whittall Street) and the innovative, young person friendly, 7 day/week integrated specialist sexual health clinic in Boots Birmingham city centre.

2.44 Umbrella includes delivery partners who are responsible for providing particular designated services and with whom UHB will have formal contracting arrangements (i.e. suppliers), and community partners who will contribute to, and be supported by, the Umbrella system without formal contracting arrangements.

2.45 Further information about Umbrella can be found at https://umbrellahealth.co.uk/

Background to University Hospitals Birmingham (UHB)

2.46 Queen Elizabeth Hospital Birmingham ("QEHB"), which is run by UHB, is recognised as one of the leading hospitals in Europe and has an international reputation for quality of care, informatics/IT, clinical training and research.

2.47 QEHB provides direct clinical services to nearly one million patients every year, serving a regional, national and international population. It is a regional centre for cancer, trauma, renal dialysis, burns and plastics, and has the largest solid organ transplantation programme in Europe. UHB has the largest kidney programme in the UK, is a major specialist centre for burns and plastic surgery, and neurosciences, and has a specialist cancer centre.

2.48 UHB provides a series of highly specialist cardiac, liver, oncology and neurosurgery services to patients from across the UK.

2.49 QEHB is world-renowned for its trauma care and has developed pioneering surgical techniques in the management of ballistic and blast injuries, including bespoke surgical solutions for previously unseen injuries. As a result of its clinical expertise in treating trauma patients and military casualties, QEHB has been designated both a Level 1 Trauma Centre and host of the UK’s only £20m National Institute for Health Research (NIHR) Surgical Reconstruction and Microbiology Research Centre (SRMRC).

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2.50 UHB employs more than 9,000 members of staff and run the largest single-site hospital in the country. The £545m QEHB opened its doors to patients on 16 June 2010. It has 1,213 inpatient beds, 30 operating theatres and a 100-bed critical care unit, the largest co-located critical care unit in the world. Due to demand on its services, UHB has also opened a further 170 beds in the original Queen Elizabeth Hospital, now known as the Heritage Building, as well as a second Ambulatory Care facility and two extra theatres.

2.51 QEHB is host to the Royal Centre for Defence Medicine (RCDM) and treats all seriously injured British military personnel evacuated from overseas. It also treats military casualties from other countries, such as Denmark.

2.52 The location on one site of QEHB, RCDM, the University of Birmingham Medical School and Birmingham Women’s Hospital makes our healthcare campus one of the largest in the world. QEHB also has close strategic and operational links with other nearby hospital trusts, including Birmingham Children’s Hospital and the Royal Orthopaedic Hospital.

2.20 Further information about QEHB can be found at http://www.uhb.nhs.uk/about-us.htm

Background to the requirements

2.21 In 2015 Birmingham City Council ("BCC") [and Solihull Metropolitan Borough Council ("SMBC")awarded a 5 year contract ("Main Contract") to the Authority for Integrated Sexual Health Services in Birmingham and Solihull that aims to effect quality improvements and cost savings in the area by reconfiguring service provision. The Main Contract runs from 10 August 2015 until 31 August 2020 (with an option for a two year extension).

2.22 The Authority procured a number of suitably qualified partners to join the Authority in developing and delivering a new model of care in integrated sexual health service provision. These included GP Partners, Pharmacy Partners, Facility Partners, Access Partners, Promotion Partners, Support Partners and a Pathology Partner. Collectively this partnership is known as ‘Umbrella’. This DPS relates only to the procurement of Pharmacy Partners within the Birmingham Local Authority boundary.

2.23 A procurement was undertaken in 2015 to appoint pharmacy partners to provide Community Based Sexual Health Services in Pharmacies. As a result of this exercise, 97 individual registered pharmacies in Birmingham were appointed to provide a range of sexual health services for 5 years from August 2015 with a break option after one and three years. The services were split into 2 tiers – “Tier 1” and “Tier 2”. 13 pharmacy partners were awarded Tier 2 status and 84 Tier 1 status. Only 39 contracts were awarded (as some entities had multiple pharmacies appointed to provide the services).

2.24 At the outset of the original procurement exercise it was envisaged that there would be 2 implementation stages to the award of pharmacy partner opportunities – tranche 1 and tranche 2. Tranche 2 pharmacies would be appointed as part of the original procurement procedure but would not become operational until a later date. However for various reasons the decision was taken to appoint pharmacies for tranche 1 only meaning that a further procurement would be needed to appoint pharmacies for tranche 2 and beyond.

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2.25 The decision was taken that the optimum procurement route going forward for both the Authority and pharmacies was the establishment of a DPS. A DPS is a fully electronic tendering process which allows pharmacies the ability to join at any point during its duration.

2.26 As only pharmacies who have been admitted to the DPS can be invited to tender the decision was taken to terminate all existing contracts with the current pharmacy providers. Accordingly this Tender Round 1 is to appoint Pharmacy Partners in all wards across Birmingham.

Short Description of the Services

2.27 The Service elements within Tier 1 pharmacies include:

Emergency hormonal contraception

Advance provision of emergency contraception

Condom distribution

Dispense STI testing kits

Targeted Chlamydia screening

Signposting to other Umbrella services

2.28 The Service elements within Tier 2 pharmacies include:

Emergency hormonal contraception

Advance provision of emergency contraception

Condom distribution

Dispense STI testing kits

Initiate STI testing and provide STI testing kits

Hepatitis B vaccination

Initiate combined oral contraception, progesterone only oral contraception and contraception injections

Dispense and administer on-going contraception injections

Dispense treatment for chlamydia

2.29 Full details of the Authority's requirements are set out in the Service Specification in Annex 1.

Duration

2.30 Any Call-Off Contracts awarded as a result of this procurement exercise will commence on 5 December 2016 and will expire on 31 August 2020 (unless terminated in accordance with the provisions of the Pharmacy Services Sub-contract or unless further extended up to a maximum of two (2) years).

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Activity

2.31 No guarantee relating to volumes of activity can be given under any resulting Call-Off Contracts. Annex 2 sets out historic activity. Target activity levels for April 2017 onwards will be developed during the period December 2016 to March 2017. The Authority will market the services available from the Pharmacy Partners with the aim of increasing activity. This will include signposting from other Umbrella partners, information on the website and inclusion in Umbrella campaigns.

Contract Award Numbers

2.32 The Main Contract with BCC requires the Authority to increase the number of appointed Tier 1 and Tier 2 Pharmacy Partners over the term of the Main Contract broadly in accordance with the table below:

Start Date Deliverable

Tier 1 Target No. Tier 2 Target No.

10/8/2016 200 40

10/8/2017 250 50

10/8/2018 250 60

10/8/2019 250 60

2.33 As a result of this Tender Round 1, it is anticipated that a target number of 182 Pharmacy Partners in Lot 1 (Tier 1 suppliers) and a target number of 49 Pharmacy Partners in Lot 2 (Tier 2 pharmacies) will be appointed. Please see Annex 3 for a breakdown of these target numbers by BCC Ward. UHB reserves the right to increase or decrease the number of Pharmacy Partner Opportunities at any point during the procurement process. The Authority reserves the right to revise the numbers of pharmacies indicated in Annex 3 (up or down) in light of tenders received. The Authority also reserves the right to reduce the number of Pharmacy Partner Opportunities awarded within a BCC Ward pursuant to this Tender Round 1, if there is a considerable difference between the scores of the top-ranked and lower-ranked Bidders to warrant the withdrawal of certain of the Pharmacy Partner Opportunities.

2.34 The target number of Pharmacy Partners to be appointed by BCC Ward as described in Annex 3 have been calculated by reference to the following datasets:

Population density [available at: http://www.birmingham.gov.uk/cs/Satellite?c=Page&childpagename=Planning-and-Regeneration%2FPageLayout&cid=1223096353755&pagename=BCC%2FCommon%2FWrapper%2FWrapper]

Index of deprivation [available at: http://www.birmingham.gov.uk/areaprofiles]

Demographics [available at: http://www.birmingham.gov.uk/areaprofiles]

Ethnicity [available at: http://www.birmingham.gov.uk/areaprofiles

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2.35 The wards have been ranked from highest to lowest for each dataset and then scored from 40 down based on that ranking. All of the ranking scores have then been added and this has given a final ranking of all the data listed in 2.34 above.

SMEs

2.36 The Authority is committed to supporting the Government’s small and medium-sized enterprise (SME) initiative; its aspiration is that 33% of spend, direct and through the supply chain, goes to SMEs by 2020.

2.37 The link below to the Cabinet Office website provides information on the Government’s Crown Representative for SMEs, a link to the definition of an SME and details on the SME initiative https://www.gov.uk/government/policies/buying-and-managing-government-goods-and-services-more-efficiently-and-effectively/supporting-pages/making-sure-government-gets-full-value-from-small-and-medium-sized-enterprises. Please note, this policy paper refers to the SME initiative for 2000 – 2015. Cabinet Office has not yet published a policy paper for the SME initiative for 2015 – 2020. Despite this, the policy paper attached still provides useful information on SMEs and the SME initiative generally.

Purpose and scope of this ITT

2.38 This ITT:

2.38.1 invites Bidders to submit their Call-Off Tenders in accordance with the instructions set out in the remainder of this ITT;

2.38.2 sets out the overall timetable and process for the procurement;

2.38.3 provides Bidders with sufficient information to enable them to submit a compliant Call-Off Tender;

2.38.4 sets out the award criteria and evaluation model that will be used to evaluate the Call-Off Tenders; and

2.38.5 explains the administrative arrangements for the receipt of Call-Off Tenders.

Questions about this ITT

2.39 You may submit, by no later than 17:00 on 16 September 2016 any queries that you have relating to this ITT. Please submit such queries via the e-Tendering Portal.

2.40 Any specific queries should clearly reference the appropriate paragraph in the ITT documentation and, to the extent possible, should be aggregated rather than sent individually. The Authority may decline to answer queries received after the above deadline.

2.41 Answers to the questions received by the Authority will be circulated to all Bidders via the e-Tendering Portal. Answers will not reveal the identity of the individual Bidder that asked a particular question. The Authority may decide not to disclose answers, or parts of answers, which would reveal confidential or commercially sensitive information in relation to a particular Bidder.

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3 PROCUREMENT TIMETABLE

Key dates

3.34 The procurement will follow a clear, structured and transparent process to ensure a fair and level playing field so that all Bidders are treated equally.

3.35 The key dates for this procurement are currently anticipated to be as follows:

Activity Date

Issue Invitation to Tender 2 September 2016

Deadline for clarification questions 16 September 2016 (17:00)

Tenders received 27 September 2016 (12:00)

Evaluation of the tenders By 26 October 2016

Issue voluntary standstill notices 27 October 2016

End of standstill period 7 November 2016

Issue award letters 8 November 2016

Pharmacy Training By 2 December 2016

Contract exchange and signature By 2 December 2016

Service Commencement Date 5 December 2016

Issue Contract Award Notice By 9 December 2016

3.36 Whilst the Authority does not intend to depart from the timetable, it reserves the right to do so at any stage.

Deadline for receipt of Call-Off Tenders

3.37 Bidders must submit their Call-Off Tenders in the manner prescribed in Section 3 below no later than the date and time specified on the front cover of this ITT.

3.38 Any Call-Off Tenders received after the deadline or by any method other than via the e-Tendering Portal may not be considered. The Authority may at its discretion extend the deadline and in such circumstances the Authority will notify all Bidders of any change.

Clarifications

3.39 Where we seek clarifications to Call-Off Tenders, relevant aspects of Call-Off Tenders may then be re-scored to reflect the points of clarification.

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PQQ evidence

3.40 At PQQ stage, Bidders provided information which they self-certified as accurate. During the standstill period, the Authority will require the successful Bidder(s) to provide the following:

3.40.1 proof as required in the Public Contracts Regulations 2015, Regulation 60(4) or (5), that none of the mandatory or discretionary grounds of exclusion referred to in the PQQ, section 2 and 3 applies;

3.40.2 copies of the required insurance as set out in 7B of the PQQ;

3.40.3 a copy of your Health and Safety Policy;

3.40.4 a copy of your Safeguarding Policy (only where you are proposing to use your own policy rather than adopting the Authority’s policy); and

3.40.5 a copy of your Infection Control Policy (Tier 2 only).

Contract award

3.41 Contract award is subject to the formal approval process of the Authority. Until all necessary approvals are obtained and the standstill period completed, no contract(s) will be entered into.

3.42 Once the Authority has reached a decision in respect of contract award(s), it will notify all Bidders of that decision and provide for a voluntary standstill period in accordance with the Public Contracts Regulations 2015 before entering into any contract(s).

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4 INSTRUCTIONS TO BIDDERS

Formalities for submission of Call-Off Tender

4.34 Bidders must submit their Call-Off Tenders by completing the online tender response form. Completed Call-Off Tenders must be submitted using the e-Tendering Portal. Bidders should ensure that they allow plenty of time to upload their Call-Off Tenders, particularly where there are large documents. If Bidders have any problems with the e-Tendering Portal they should contact the helpdesk on 0800 368 4850 or email [email protected]. The helpdesk is open Monday to Friday between 8am and 6pm excluding public and bank holidays. As noted above, any Call-Off Tender received after the deadline may not be considered.

4.35 The maximum file size for uploading documents is 50 MB per file. Bidders should split their Call-Off Tender into small enough file sizes to upload. Note: the Authority does not guarantee that Bidders will be able to upload files up to the maximum size, particularly at busy times. For this reason it is recommended that Bidders should ensure files are well below the maximum stated, and allow plenty of time to upload.

4.36

4.3 Bidders must adhere to the following standard requirements when submitting their Call-Off Tenders:

4.3.1 Do not embed documents within other documents. Instead provide separate electronic copies of the documents, clearly labelled and referenced if necessary.

4.3.2 The Call-Off Tender must be in English and drafted in accordance with the drafting guidance set out in this ITT.

4.3.3 Bidders should use Arial font type size 11.

4.3.4 Maximum word limits must be adhered to and Bidders must state the number of words used in their response to a question.

4.4 Where a word count limit is specified, Bidders should state how many words their response contains. The Authority reserves the right not to consider any part of a response exceeding the word limit. Words included within diagrams or other graphic representations will count towards the word limit.

4.5 The Call-Off Tender must be clear, concise and complete. The Authority reserves the right to reject Call-Off Tenders if they are ambiguous or lack clarity. Bidders should submit only such information as is necessary to respond effectively to this ITT. Unless specifically requested, do not include extraneous presentation materials.

4.6 Call-Off Tenders will be evaluated on the basis of information submitted by the deadline.

4.7 The Call-Off Tender must be submitted by a duly authorised representative of the Bidder.

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Modification and withdrawal of Call-Off Tenders

4.8 No Call-Off Tender may be modified after the deadline for receipt of Call-Off Tenders.

4.9 Call-Off Tenders may be withdrawn at any time before the deadline for receipt of Call-Off Tenders. Revised Call-Off Tenders may be submitted up until the deadline for receipt of Call-Off Tenders.

Terms and conditions

4.10 The form of contract that the Authority anticipates it will enter into with successful Bidders is the 'Pharmacy Services Sub-Contract' set out in Annex 4. It is vital that the Bidder reviews this carefully, and takes account of all information such as key performance indicators and insurance requirements and that the Call-Off Tender fully takes account of these. In submitting a Call-Off Tender, Bidders acknowledge and agree to be bound by the terms of this ITT and the Pharmacy Services Sub-Contract without further negotiation or amendment. For the avoidance of doubt, Bidders are not permitted to propose any changes to the Pharmacy Services Sub-Contract. Any attempt to pre-qualify Call-Off Tenders in such a manner will result in disqualification from the process.

Consortia and subcontractors

4.11 If the Bidder is a consortium or will rely on sub-contractors to deliver the contract, it must explain in its Call-Off Tender precisely which entities will comprise the 'Bidder'.

4.12 For the purposes of this ITT, the following terms apply:

4.12.1 Consortium arrangement - Groups of businesses that come together specifically for the purpose of bidding for Pharmacy Partner Opportunities and envisage that they will establish a special purpose vehicle as the prime contracting party with the Authority.

4.12.2 Subcontracting arrangement - Groups of businesses that come together specifically for the purpose of bidding for Pharmacy Partner Opportunities, but envisage that one of their number will be the entity which enters into the Pharmacy Services Sub-contract with the Authority and the remaining members of that group will be subcontractors to the Sub-contractor ("Sub-Subcontractors").

4.13 If the Bidder intends to sub-contract any material parts of the Pharmacy Services Sub-contract, it must explain which parts will be sub-contracted, who the Sub-subcontractor is and confirm that the form of sub-contract to be entered into ensures that the Sub-subcontractor is bound by all the terms of this Pharmacy Services Sub-contract as if it is a party to the Pharmacy Services Sub-contract.

Warnings and disclaimers

4.14 While the information contained in this ITT is believed to be correct at the time of issue, neither the Authority, its advisors, nor any other awarding authorities will accept any liability for its accuracy, adequacy or completeness, nor will any express or implied warranty be given. This exclusion extends to liability in relation to any statement, opinion or conclusion contained in or any omission from, this ITT (including its annexes) and in respect of any other written or oral communication

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transmitted (or otherwise made available) to any Bidder. This exclusion does not extend to any fraudulent misrepresentation made by or on behalf of the Authority.

4.15 If a Bidder proposes to enter into the Pharmacy Services Sub-contract with the Authority, it must rely on its own enquiries and due diligence. UHB shall not be liable for the failure of Bidders to undertake its own enquiries and due diligence prior to entering into the Pharmacy Services Sub-contract.

4.16 Neither the issue of this ITT, nor any of the information presented in it, should be regarded as a commitment or representation on the part of the Authority (or any other person) to enter into a contractual arrangement with any Bidder.

Freedom of Information Act 2000 and Environmental Information Regulations 2004

4.17 As a public body, the Authority is subject to, and must comply with, the Freedom of Information Act 2000 ("FOIA") and the Environmental Information Regulations 2004 ("EIR"). The Authority may therefore be required to disclose information submitted by the Bidder.

4.18 In respect of any information submitted by a Bidder that it considers to be confidential or commercially sensitive the Bidder should:

4.18.1 clearly identify such information as confidential or commercially sensitive;

4.18.2 explain its reasons why disclosure of such information would be likely to prejudice or would cause actual prejudice to its commercial interests; and

4.18.3 provide a reasoned estimate of the period of time during which the Bidder believes that such information will remain commercially sensitive.

4.19 This information must be listed in the on-line tender response form with a statement of which exemptions are relevant under FOIA and/or the EIR.

4.20 Where a Bidder identifies information as commercially sensitive, the Authority will take those views into account. Bidders should note, however, that, even where information is identified as commercially sensitive, the Authority may be required to disclose such information in accordance with FOIA or the EIR. Accordingly, the Authority cannot guarantee that it will withhold information marked ‘confidential’, 'commercially sensitive' or otherwise exempt.

Publicity

4.21 No publicity regarding the award of any contract will be permitted unless and until the Authority has given express written consent to the relevant communication. For example, no statements may be made to the media regarding the nature of any Call-Off Tender, its contents or any proposals relating to it without the prior written consent of the Authority.

Bidder conduct and conflicts of interest

4.22 Any attempt by Bidders or their advisors to influence the contract award process in any way may result in the Bidder being disqualified. Specifically, Bidders shall not directly or indirectly at any time:

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4.22.1 devise or amend the content of their Call-Off Tender in accordance with any agreement or arrangement with any other person, other than in good faith with a person who is a proposed partner, supplier, consortium member or provider of finance;

4.22.2 enter into any agreement or arrangement with any other person as to the form or content of any other Call-Off Tender, or offer to pay any sum of money or valuable consideration to any person to effect changes to the form or content of any other Call-Off Tenders;

4.22.3 enter into any agreement or arrangement with any other person that has the effect of prohibiting or excluding that person from submitting a Call-Off Tender;

4.22.4 canvass the Authority or any employees or agents of the Authority in relation to this procurement; and/or

4.22.5 attempt to obtain information from any of the employees or agents of the Authority or their advisors concerning another Bidder or Call-Off Tender (except for debrief information requests made through the e-Tendering Portal).

4.23 Bidders are responsible for ensuring that no conflicts of interest exist between the Bidder and its advisers, and the Authority and its advisors. Bidders should notify the Authority promptly of any possible conflict and the proposed steps that the Bidder believes can be taken to avoid the conflict. Any Bidder who fails to comply with these requirements may be excluded from the procurement at the discretion of the Authority.

Authority's rights

4.24 Subject to its obligations to act in a transparent, proportionate and non-discriminatory manner, the Authority reserves the right to:

4.24.1 waive or change the requirements of this ITT from time to time;

4.24.2 seek clarification or documents in respect of a Bidder's submission;

4.24.3 disqualify any Bidder that does not submit a compliant Call-Off Tender in accordance with the instructions in this ITT;

4.24.4 disqualify any Bidder that is guilty of serious misrepresentation in relation to its Call-Off Tender or the procurement process;

4.24.5 withdraw this ITT at any time, or re-invite Call-Off Tenders on the same or any alternative basis;

4.24.6 choose not to award any contract as a result of the current procurement process;

4.24.7 make whatever changes it sees fit to the timetable, structure or content of the procurement process; and

4.24.8 disregard any part of a response to a question which exceeds the specified word limit (that is the excess will be disregarded, not the whole response).

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Bid costs

4.25 The Authority will not be liable for any bid costs, expenditure, work or effort incurred by a Bidder in proceeding with or participating in this procurement, including if the procurement process is terminated or amended by the Authority.

Language

4.26 Call-Off Tenders, all documents and all correspondence relating to the Call-Off Tender must be written in English.

Transparency

4.27 In accordance with the Public Contracts Regulations 2015 and the Government’s policy on transparency, Bidders should be aware that the Authority intends to make the ITT and details of any subsequent contract publicly available, by publication on the Government's Contracts Finder portal.

Governing Law and Jurisdiction

4.28 This ITT and any dispute concerning it (including non-contractual disputes or claims) shall be governed by English law and subject to the jurisdiction of the English Courts.

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5 EVALUATION METHODOLOGY AND CRITERIA FOR CALL-OFF TENDERS

Overview

5.34 This section of the ITT sets out the criteria that the Authority will use to evaluate Call-Off Tenders.

5.35 Bidders are required to submit a Call-Off Tender strictly in accordance with the requirements set out in this ITT, to ensure the Authority has the correct information to make the evaluation. If a Call-Off Tender is equivocal or unclear, the Authority may deduct marks when scoring it or it may treat the Call-Off Tender as non-compliant and reject it.

5.36 The Authority will award Pharmacy Partner Opportunity in accordance with the methodology below.

Technical and quality evaluation

5.4 Responses to the on-line Tender Questionnaire will be marked by members of the evaluation team using the weightings described in the table below:

Evaluation criteria Weighting Maximum Score

AvailablePass/Fail QuestionsPharmacy located within BCC ward N/A Pass or FailGeneric QuestionsBusiness Continuity 5 5Staff Training 10 5Safeguarding 5 5Information Governance 5 5STI Screening 5 5Effective promotion of services 5 5Patient feedback 5 5Location Specific QuestionsPrescriptions 12.5 5Location of pharmacy within ward 12.5 5Accessibility 10 5Service availability 12.5 20Skills 12.5 5Total 100%

5.5 Tenders that do not meet the criteria at the Pass/Fail stage will be disqualified from further consideration in this procurement and will not be evaluated further.

5.6 Responses to the Generic Questions will be scored using the Marking Scheme set out in the table below:

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Grade label Grade Definition of Grade

Unacceptable 0The proposal completely fails to meet the requirements or does not provide an answer, no evidence provided.

Major Concerns 1

The proposal significantly fails to meet the requirements, contains significant shortcomings, poor or limited evidence provided.

Minor Concerns 2

The proposal meets the requirements in most material respects, but is lacking or inconsistent in others, insufficient evidence provided in some areas

Satisfactory 3 The proposal meets the requirements in all material respects, satisfactory evidence provided

Good 4The proposal meets the requirements in all material respects and exceeds some or all of the minor requirements, good evidence provided

Excellent 5 The proposal exceeds some or all of the major requirements, excellent evidence provided

5.7 Responses to the Location Specific Questions will be scored using the Marking Scheme indicated within each question. Each Lot will be evaluated separately.

Pricing evaluation

5.8 Price will not be subject to evaluation for the purposes of this Call-Off Tender. In line with current NHS contracting processes, prices will be set on a fee per item of service basis and will be non-negotiable. The Trust will use reasonable endeavours to ensure that prices are set in conjunction with suitable experts or representatives (e.g. the Local Pharmaceutical Committee). Price will be reviewed regularly throughout the lifetime of the contract (as set out in the Pharmacy Services Subcontract).

5.9 All prices of drugs to be reimbursed will be from official up-to-date publications such as the Drugs Tariff & BNF.

Overall Scoring

5.10 Responses to the Tender Questionnaire will be marked by members of the evaluation team using the Marking Schemes indicated above. The evaluation team will meet to agree consensus scores for each question, so that no Bidder’s score is the unverified score of any one evaluator. The evaluation team will apply the relevant weighting to the consensus scores for each question to calculate an overall score (out of 100) for each Bidder in respect of each Pharmacy Partner Opportunity for which it wishes to be considered. 40% of the maximum possible score will be assigned to the evaluation of the generic questions and 60% to the evaluation of the location specific questions. Once scoring is complete for each Lot, Bidders will be ranked by total score for each Pharmacy Partner Opportunity.

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5.11 Each Bidder and their score will then be plotted on a map of Birmingham divided into wards (see Annex 5). Pharmacy Partners will be appointed to wards in accordance with the ranked list and the target number of Pharmacy Partners indicated in Annex 3 (although the Authority may vary this number depending on the Call-Off Tenders received).

5.12 In the event that two Bidders are allocated identical scores, then the Bidder which scores highest for the ‘Skills’ question (question 13) will be ranked the higher of the two. If scores for question 13 are also equal then the Bidder which scores highest 'Service Availability' question (question 12) will be ranked the higher.

5.13

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ANNEX 1

SERVICE SPECIFICATION

Attached as separate document.

This Specification will be inserted into Schedule 3 of the Pharmacy Services Subcontract (Service Specification).

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ANNEX 2

HISTORIC ACTIVITY

Pharmacy activity for the period August 2015 to June 2016 is set out in the table below:

Pharmacy Aug Sept Oct Nov Dec Jan Feb Mar Apr May Totals

Tier 1 206 466 460 424 454 454 531 467 447 622 4531Tier 2 56 213 406 249 215 319 421 355 277 346 2857Total 262 679 866 673 669 773 952 822 724 968 7388

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ANNEX 3

TARGET NUMBER OF PHARMACIES

Attached as separate document.

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ANNEX 4

PHARMACY SERVICES SUBCONTRACT

Attached as separate document.

The Authority intends to enter into a contract with the successful Bidder on the University Hospitals Birmingham NHS Foundation Trust Pharmacy Services Subcontract.

This Annex 4 contains the Pharmacy Services Sub-contract, duly completed by the Authority so far as possible, including all relevant schedules.

Where a Bidder is awarded more than one Pharmacy Partner Opportunity, it will only enter into one Pharmacy Services Sub-contract with the Authority; however each of those Pharmacy Partners should be construed as severable from each other.

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ANNEX 5

BIRMINGHAM WARD MAP

Attached as separate document.

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