Increasing Capacity Framework

Increasing Capacity Framework
NHS England 20 November 2020

• The Increasing Capacity Framework is designed to create a simple and efficient solution for those looking to procure a variety of clinical services from pre-approved providers. It allows a commissioner to put in place a contract with a Framework Provider by a direct award or by undertaking a mini competition. Trusts and CCGs can use it to purchase additional elective acute services from a range of pre-approved providers at prices equivalent to or lower than those they usually pay. Framework duration 20th November 2020 to 19th November 2022

Procurement Policy Note 06/20 – taking account of social value in the award of central government contracts

Procurement Policy Note 06/20 – taking account of social value in the award of central government contracts
Cabinet Office 24 September 2020

• This Procurement Policy Note (PPN) launches a new model to deliver social value through government’s commercial activities which takes into account COVID-19.

Spark Dynamic Purchasing System (DPS) for remote monitoring

Spark Dynamic Purchasing System (DPS) for remote monitoring 

• The Spark DPS, run by the Crown Commercial Services (CCS), aims to support organisations with the procurement of remote monitoring solutions. Buyers can compare viable solutions from suppliers which have been assessed on their suitability to manage outpatients or deliver vital signs monitoring remotely.

Digital Procurement Frameworks

The digital workplace solutions framework provides an OJEU compliant route to market for the procurement of full end-to-end IT solutions, and individual elements of IT solutions. The digital framework can ensure delivery of effective consumer-oriented technologies that meet your requirements across a range of IT infrastructure areas. This includes: data centre infrastructure, servers and storage, networking and security products, end user computing hardware and software, bespoke software, professional services and training. 

• This is a new framework, which replaces the very successful Link: IT Solutions framework agreement. It provides a compliant route to source effective consumer-oriented technologies that meet your requirements across a range of IT infrastructure, hardware and software areas.The framework complements Link 2: IT Hardware and Services, which focuses on end user client devices.
• The framework runs 10 August 2020 - 09 August 2022 (with the option to extend to 2024)
• Open to all NHS and Public Sector Authorities

Clinical Communications Procurement Framework

Clinical Communications Procurement Framework
NHS Digital 3 August 2020

• The Procurement Framework aims to support NHS organisations with dedicated clinical facing communication and tasks management tools, to accelerate the adoption of proven technologies and to phase out pagers by the end of 2021.
• Framework date and duration: 3 August 2020 to 3 August 2022. Possible further extension for 12 months.
• See also NHSX blog

Procuring health and care apps through the Dynamic Purchasing System

Procuring health and care apps through the Dynamic Purchasing System
ORCHA 16 July 2020

• NHS London Procurement Partnership (NHS LPP) is offering support to procure safe, secure apps through its Health and Social Care Apps Dynamic Purchasing System (DPS). Developed in partnership with ORCHA, NHS LPP’s DPS allows NHS organisations to rapidly procure quality assured digital health solutions at scale.

Pseudo Dynamic Purchasing System (PDPS)

Pseudo Dynamic Purchasing System (PDPS)
NHS England, NHS Improvement

• NHS England and NHS Improvement is launching a new online procurement tool which will include a list of pre-approved GP providers that local commissioners can invite to deliver their local GP service needs, including caretaker services. This approach, known as Pseudo Dynamic Purchasing System (PDPS), is planned to be live from January 2020.

ICP Contract Publications and resources

ICP Contract Publications and resources
NHS England updated 8 August 2019

• A collection of Integrated Care Provider (ICP) contract and supporting documents including:
• Procurement and assurance approach
• GP participation in an ICP
• CCG roles where ICPs are established (the implications for CCGs, their duties, powers and activities, if they choose to commission services through an ICP model)
• Integrated budgets overview
• Contracting arrangements for ICPs: Equality and health inequalities analysis
• as well as contract particulars and templates.

NHS Long-term Plan: legislative proposals

NHS Long-term Plan: legislative proposals
Health and Social Care Select Committee 24 June 2019

• The Committee found that NHS England and NHS Improvement proposals  for legislative changes to the Health and Social Care Act 2012 in many cases continue the direction of travel towards a more integrated collaborative and placed-based system. It broadly supports NHS England and NHS Improvement’s proposals to:
• to promote collaboration and lessen the role of competition in the NHS, especially the proposal to repeal section 75 of the Health and Social Care Act 2012 and revoke the regulations made under it;
• remove the Competition and Market’s Authority’s role in mergers of foundation trusts;
• ease the burden procurement rules have placed on the NHS, ensuring commissioners have discretion over when to conduct a procurement process, with the inclusion of a ‘best value’ test; and
• allow greater flexibility locally over payment systems.
• However the Committee comments that the plans remains too NHS-centric rather than looking at the wider system with which it seeks to integrate and that the Department of Health and Social Care, NHS England and NHS Improvement should be clearer about the roles local government, the voluntary and community sector and independent providers should play in the future of the NHS.
• Themes of the report are competition, integrated care, NHS leadership, and Cross-party endorsement of legislative proposals

Contracting arrangements for integrated care providers – response to consultation

Contracting arrangements for integrated care providers – response to consultation
NHS England March 2019

• NHS England has published its response following a consultation held about a new contract which can help local health and care communities provide better care for patients.
• The ICP Contract will give commissioners the option to commission services through a single contract, to build in integration and remove operational barriers.
• The feedback will be used to further develop the ICP Contract, which will be available in its updated form as an option for use in local health and care systems from spring 2019. Neither use of the ICP Contract nor adoption of lead provider models for integration will be mandatory: they will be options for local commissioners and their providers to consider.

Planning, assuring and delivering Service Change for Patients

Planning, assuring and delivering Service Change for Patients
NHS England updated 22 March 2018

• A good practice guide for commissioners on the NHS England assurance process for major service changes and reconfiguration (including decommissioning).
• It sets out how new proposals for change are tested through independent review and assurance by NHS England, taking into account the framework of Procurement, Patient Choice and Competition Regulations. 
• CCGs are under a statutory duty to have regard to this guidance.

Integrated Support and Assurance Process (ISAP) for new care model procurement

Integrated Support and Assurance Process (ISAP)
NHS England and NHS Improvement, 17 August 2017

• It has been recognised that the contractual arrangements through which some new care models will be implemented may mean:
• The contract structure, form, content or the calculation of the financial value of the contract envelope are ‘novel’;
• The bidder’s organisational forms may be complex, as providers form legal entities and arrangements that allow for greater collaboration between partners; and
• A single procurement for a new care model can significantly affect incumbent NHS providers. 
• These documents describe the integrated NHS England and NHS Improvement process for supporting commissioners and providers looking to procure and bid for complex contracts. 
• Part A: Introduction to the ISAP for commissioners and providers looking to procure, or bid for, a complex contract;
• Part B: The questions that will be asked and the submissions from commissioners expected at each stage of the ISAP; and
• Part C: Guidance for NHS trusts and foundation trusts looking to bid for a complex contract. This may also help independent providers bidding for such contracts.

Healthy commissioning: How the Social Value Act is being used by CCGs

Healthy commissioning: How the Social Value Act is being used by Clinical Commissioning Groups
National Voices and Social Enterprise UK 30 May 2017

• Analysis of findings based on FOI requests to CCGs (n=191) to assess their use of the Public Services (Social Value) Act 2012. Findings include:
• 13% of CCGs can demonstrate active commitment to pursuing social value in their procurement and commissioning decisions; 
• 43% had no policy / were not aware of a policy or had a policy in development; 
• 13% of CCGs demonstrated ‘highly committed, evidenced and active’ use of the Social Value Act. 
• Weighting procurement for social value is limited and a pass/fail question or a weighting of 2% of the total evaluation was common. 
• 13% of STPs mention social value.
• Recommendations include building social value into NHS England’s Right Care programme, joint guidance on implementation of the Social Value Act and closer working between the voluntary sector and NHS organisations to deliver greater social value.

Guidance -NHS procurement transparency

NHS procurement transparency: NHS Standard Contract - Guidance
NHS England updated 12 May 2017

• This updated document provides guidance to all NHS foundation and non-foundation trusts on the actions to take to increase openness and clarity about NHS procurement. 
• The actions focus on:
• opening up public procurement
• being transparent about expenditure
• sharing expenditure data

Social value in procurement

Social value in procurement

New Local Government Network 8 May 2017

• The Public Services (Social Value) Act 2012 came into force on 31 January 2013. It requires commissioners in public authorities to think about how the services or goods to be procured and the process of procurement could add the most value to the areas and communities that fall within their remit. This publication follows an NLGN discussion that looked at the challenges posed by the Social Value Act.

Ethical Procurement for Health (EPH) Workbook v2.0

Ethical Procurement for Health (EPH) Workbook v2.0
Sustainable Development Unit, updated March 2017

• This workbook aims to provide practical guidance for organisations in the health and social care sector to embed labour standards considerations into procurement and supplier management activities.

NHS terms and conditions for procuring goods and services update

NHS terms and conditions for procuring goods and services
Department of Health updated 13 January 2017

• Terms and conditions for the NHS when procuring goods and services from commercial organisations.
• The documents provides guidance notes and associated documentation for:
• contract version
• purchase order version
• framework agreements
• combined goods and services
• innovation partnerships
• dynamic purchasing systems
• managed services
• The NHS sub-contract for the provision of clinical services is now published by NHS England. 

Public Contracts Regulations 2015 for NHS commissioners

Guidance: Public Contracts Regulations 2015 for NHS commissioners
Department of Health 21 October 2016

• This guidance summarises the Public Contract Regulations 2015 (PCR 2015) requirements for NHS commissioners and those supporting them with their procurement of healthcare services.
• Read the Mills & Reeves blog which highlights five areas for commissioners to be alert to.

Uniting Care Partnership Procurement Review

Uniting Care Partnership (UCP) Procurement Review
PwC for NHS England, 23 September 2016

• Cambridgeshire and Peterborough CCG (CPCCG) entered into a contract with Uniting Care Partnership LLP in November 2014 for the provision of older people’s services. The Older People and Adult Community Services contract was terminated in December 2015. 
• This report examines the role of the CPCCG executive leadership and Governing Body through the procurement and contract period, the role of external advisors and the effectiveness of the Gateway review process. 
• The key observations from the investigation are:
• A silo approach to the evaluation workstreams which reduced the communication of key risks 
• Lack of clarity for collating, escalating and monitoring emerging risks and issues
• A Programme Board which provided limited capability to challenge the procurement process 
• Diluted reporting to leadership which reduced the ability to make informed decisions on key risks
• Outsourcing ownership of concerns about financial sustainability despite these being raised consistently during the procurement process 
• Parental guarantees were not communicated as a condition in the preferred bidder notification letter; three opportunities to put guarantees in place were missed 
• Differing views of roles and responsibilities of Strategic Projects Team.
• Limited advisor input was retained by the CCG after preferred bidder selection when fundamental negotiations were occurring
• Cultural appetite and push to achieve a successful appointment within the tight delivery timeframes 
• The report makes 21 recommendations.
• Read the Kings Fund analysis here

https://www.england.nhs.uk/mids-east/wp-content/uploads/sites/7/2016/09/ucp-proc-review-report.pdf

NHS procurement standards updated after Carter recommendations

NHS procurement standards
DH updated 22 July 2016

• Standards for NHS healthcare provider organisations to assess and benchmark procurement performance and identify areas for improvements.
• The guidance provides an outline for a moderation process to ensure consistency of application and sharing of good practice. It also provides information on how to use the standards, process for the peer reviews, and templates for completion with examples of the types of evidence which are required.
• This NHS procurement standards have been developed by the NHS Capability Working Group and supports Lord Carter’s recommendations on procurement in the NHS.