Memorandum of Information (MOI)
Mental Health Commissioning Leadership
Project
NHS England
OJEU Reference Number - Insert OJEU Reference Number
Oct 2013
Table of Contents
1
PURPOSE, STRUCTURE AND NEXT STEPS FOR BIDDERS ...................... 3
1.1
1.2
1.3
2
Purpose of this document .................................................................................................. 3
Organisation of this document ........................................................................................... 3
Next Steps for Bidders ....................................................................................................... 4
INTRODUCTION AND OVERVIEW ................................................................ 5
2.1
Background and Context to the MENTAL HEALTH COMMISSIONING LEADERSHIP
PROGRAMME for Insert CCG Organisation................................................................................... 5
2.2
Objectives of the Procurement ........................................................................................... 5
2.3
Scope of Services .............................................................................................................. 6
2.4
Scope exclusions ............................................................................................................... 7
2.5
Bidder Pool ......................................................................................................................... 7
2.6
Critical Success Factors (CSFs) ........................................................................................ 7
3
PROCUREMENT PROCESS – OVERVIEW ................................................... 9
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
4
Procurement Timeline ........................................................................................................ 9
Advert, MOI & EOI ............................................................................................................. 9
Bidder Information Event (IF REQUIRED) ....................................................................... 10
Pre-Qualification Questionnaire (PQQ) ............................................................................ 10
Competitive Dialogue (if required) ..................................... Error! Bookmark not defined.
Invitation to Tender .......................................................................................................... 11
Contract Award ................................................................................................................ 11
Service Commencement .................................................................................................. 11
COMMERCIAL FRAMEWORK ..................................................................... 12
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
5
5.1
Contract ............................................................................................................................ 12
Contract Duration ............................................................................................................. 12
Clinical .............................................................................................................................. 12
Workforce (if applicable) .................................................................................................. 12
Training ............................................................................................................................ 13
Facilities Management & Equipment (IF APPLICABLE) .................................................. 13
IM&T ................................................................................................................................. 13
Payment Mechanism ........................................................................................................ 13
Financial Standing ............................................................................................................ 13
Performance Security....................................................................................................... 14
Insurance ......................................................................................................................... 14
GOVERNANCE AND ADMINISTRATION .................................................... 15
Requirements ................................................................................................................... 15
6 GLOSSARY OF TERMS AND ABBREVIATIONS ........................................ 19
ANNEX A – MENTAL HEALTH COMMISSIONING LEADERSHIP PROGRAMME
FOR INSERT CCG ORGANISATION .................................................................. 21
ANNEX B – FORMAT FOR SUBMITTING AN EXPRESSION OF INTEREST ... 23
ANNEX C - BIDDER INFORMATION EVENT FOR INSERT CCG
ORGANISATION (IF REQUIRED) ....................................................................... 24
ANNEX D: GOVERNMENT ACTUARY’S DEPARTMENT FAIR DEAL FOR
STAFF PENSIONS GUIDANCE (IF APPLICABLE) ............................................ 25
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1 PURPOSE, STRUCTURE AND NEXT STEPS FOR BIDDERS
1.1
Purpose of this document
This Memorandum of Information (MOI) covers the requirement for the Mental Health
Commissioning Leadership Programme Project and an overview of the procurement and
details of the:





Procurement and its objectives;
The Scheme service requirements;
Procurement process;
Procurement commercial framework; and
Procurement governance and administration requirements.
The purpose of this MOI is to provide potential Bidders with sufficient information of the
Mental Health Commissioning Leadership Project for NHS England to enable them to:


1.2
To make an informed decision about whether they wish to participate;
and
To submit an Expression of Interest (EOI) if not already done so.
Organisation of this document
This MOI is organised into the following sections:
Section 1:
Purpose, Structure and Next Steps for Bidders
Detailing the purpose and organisation of the MOI and the next
steps for potential Bidders.
Section 2:
Introduction and Overview
Details the background and objectives for the Mental Health
Commissioning Leadership programme for NHS England, the
scope of services to be procured and the factors critical to the
success of this procurement.
Section 3:
Participating organisations
Details of the participating organisations
Section 4:
Procurement Process Overview
Detailing the steps involved in this procurement.
Section 5:
Commercial Framework
Detailing the key commercial terms and other legal and contractual
arrangements for this procurement
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Section 6:
Governance and Administration
Detailing key governance and administration requirements for the
Mental Health Commissioning Leadership Programme Project for
NHS England.
Section 7:
Glossary of Terms and Abbreviations
Providing a glossary of the terms used in the MOI.
Annexes:
Annex A
Detailing specific summary information for this Scheme.
Annex B
Copy of the notice for potential Bidders to submitting an EOI.
Annex C
Bidder Information Event Form
Annex D
Governments Actuary Department Fair Deal for Staff Pensions
1.3
Next Steps for Bidders
Potential parties wishing to participate in this procurement must submit an
Expression of Interest via the e-Procurement System Tactica portal https://tacticalive.advanced365.com
EOI and completed PQQ should arrive no later than Noon 14th Nov 2013
All Bidders that have submitted an EOI will be invited to take part in the PreQualification Questionnaire (PQQ).
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2 INTRODUCTION AND OVERVIEW
2.1
Background and Context to the Mental Health Commissioning
Leadership Programme Project for NHS England
2.1.1 Across England, the profile of mental health need and services in each area will be
influenced by the diverse social and cultural contexts, historical patterns of
resourcing and service configuration, and local advocacy and leadership.
2..1.2 GPs, both as commissioners and providers, play the pivotal role in earlier
identification of mental health and substance misuse problems, in integrating the
physical and mental health care of patients, and in reducing health inequalities,
particularly the 15-25 year premature mortality of patients with psychosis,
depression, and those with long term comorbid conditions.
2.1.3 The focus of healthcare is now on delivering outcomes: reduction of premature
mortality, improvements in rates of recovery with care in safe therapeutic settings,
better quality of life for those with long term conditions, and improved patient safety
and experience (NHS Outcomes Framework 2013-14).
2.1.4 People today want their health and social care providers to help them become true
partners in their own care, provided with the information they need to make
informed life and treatment choices with the aims of achieving personal, as well as
clinical, recovery.
2.1.5 There is a recognition that this new vision of care, and focus on outcomes, is best
improved by an integrated approach to physical and mental health, the harnessing
of the role of public health and Health and Wellbeing Boards, and integrated health
and social care commissioning, redesign and delivery.
2.1.6 A Mental Health Leadership Programme is to be commissioned for Clinical
Commissioning Group (CCG) General Practitioner leads for mental health, for
delivery in 2013-14.
2.1.7
This programme is funded by NHS England, and sponsored by the National
Clinical Director for Mental Health. It will provide focused, skills-based training for
CCG GP Mental Health Leads in England.
2.1.8
The programme will link with the National Mental Health Intelligence Network
initiative which aims to accelerate CCG and Health and Wellbeing Boards’ access
to data and mental health intelligence to inform local planning and service
redesign.
2.2
Objectives of the Procurement
The objectives of this procurement it to appoint a suitably qualified provider(s) to
deliver the following:

establish a regional/sub regional expert network(s) with access to quality
improvement implementation resources;
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2.3
2.3.1
2.3.2
2.3.3

as far as possible, accommodate the limited availability and varied work
patterns of Clinical Commissioning Group GP leads for mental health and
dementia, supporting learning using a range of media and technologies;

employ a range of adult learning modalities and methods, including action
learning methods, work-based projects/assignments, case studies, master
classes, contributions from topic and subject specialists, case studies,
seminars, talks, personal leadership assessment and development
opportunities, group and individual coaching and mentoring;

develop and accelerate mental health intelligence literacy, working with the
National Mental Health Intelligence Network;

enhance learning about the provision of evidence-based interventions and
commissioning of services to meet the needs of local populations;

raise awareness of the clinical and economic outcomes of mental ill health
and the commissioning and provision solutions to improving these outcomes;

increase compliance with quality and safety standards, including NICE
guidance and CQC Essential Standards;

increase the uptake of improvement levers and mechanisms including the
primary care Quality Outcomes Framework, Local Enhanced Service
agreements, Directed Enhanced Service agreements, CQUINs, and Quality
Accounts to deliver better outcomes.
Scope of Services
The Mental Health Commissioning Leadership Programme will build on learning
from a 9-day course delivered by NHS London in 2012-13, in which 32 CCG GP
leads for mental health participated.
It is also expected that, whereas programme aim, objectives and learning
outcomes are specified, local adaptation may be appropriate where CCG GP
mental health leads’ networks have benefited from prior learning and development
in leadership for mental health.
It is proposed that programme groups are derived from clusters of CCGs in the
following NHS England regions, assuming one GP mental health lead per CCG:

North of England - 68 CCGs (Lot 1)

Midlands and East of England - 62 CCGs (Lot 2)

South of England - 50 CCGs (Lot 3)
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Engagement will local CCG GP mental health leads will be facilitated by Strategic
Clinical Networks in the NHS England regions. Programmes are expected to
commence no later than 1st April 201
2.4
Scope exclusions
The 32 CCG GP mental health leads in NHS England (London) will be offered a
follow-up programme in 2013-14, having completed the Mental Health
Commissioning Leadership Programme in 2012-13. The follow-up programme will
be commissioned separately.
2.5
Bidder Pool
NHS England through the South West CSU Procurement Team wish to receive
responses to the Pre-Qualification Questionnaire (PQQ) from suitably qualified
providers with the necessary capacity and capability (or a demonstrable ability to
provide the necessary capacity and capability within the requisite timescale, which
shall be notified to Bidders in the PQQ) to provide the services as set out in
Annex A, in a safe and effective manner and to meet the requirements of section 2.6
below. Potential Bidders must be eligible to enter into an Agreement with NHS
England. Potential Bidders may bid in conjunction with other organisations provided
that the contracting body is eligible to enter into an Agreement. Similarly, some of
the service requirements may be a delivered by a different person / organisation to
the potential Bidder, subject to compliance with the terms as to clinical subcontracting contained within the Agreement and any requirements as to the subcontracting of clinical services specified in the Regulations.
2.6
Critical Success Factors (CSFs)
NHS England requires the Provider to meet the following CSFs throughout the life of
the Contract (further details will be provided in the ITT):
The provider should be able to demonstrate evidence that they are able to
deliver the following outcomes:





strong engagement with Clinical Commissioning Group mental health GP
commissioning leads;;
for participants, personal leadership development to deliver individuals’ roles
in the short and medium term;
creating leaders who are well-informed about new policies, support tools,
innovations and best practice that supports need to support the
commissioning role;
developing mental health intelligence literacy to support evidence-based care
pathway commissioning, manage performance (quality, safety, effectiveness
an finance) of services with confidence, and improve Joint Strategic Needs
Assessments;
supporting improvements in the provision, quality and return on investment
(ROI) of evidence based-interventions and commissioning of services to
meet the needs of local populations;
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







participants’ competency in using outcome tools and related outcome
measures and indicators;
real progress in the integration of physical and mental health;
improving workforce planning and new models of training and dissemination
of skills;
increasing compliance with value-based, person-centred care pathway
commissioning and provision;
strengthened clinical leadership within primary care for mental health;
raised understanding of mental health policies and the new NHS system and
how to access resources for the benefit of mental health care, from primary
prevention through to specialist services;
increased knowledge about using mental health to inform the work of Clinical
Commissioning Groups, development of local Joint Strategic Needs
Assessments and information transparency
improved local workforce planning for primary care mental health and
specialist mental health services.
It is expected that the programme’s delivery should be characterised by,







a values-based approach:
- holding the experience of people using services, and their carers/families at
the heart of individual and group learning and development;
- contributions from people with lived experience, practitioners and clinicians;
- ensuring that diversity and equalities are reflected in all aspects of the
programme;
individual assessments of learning and development needs, building on
previous learning and development opportunities;
promoting and providing practical applications of knowledge and skills
a reflective practice approach
use of social media to support learning, for example via the knowledge portal
www.mentalhealthpartnerships.com
a modular approach, including an intensive residential component covering
key topics, the epidemiology of conditions and implications; NICE-concordant
treatment options and positive practice; defining ‘good outcomes’; using realtime case studies of commissioning and delivery solutions; learning from the
lived experience of others and with honest appraisal of what has not worked
completion of a project or assignment to tackle a local service commissioning
or delivery issue, completing it with the support of the programme team and
follow participants.
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3 PROCUREMENT PROCESS – OVERVIEW
The procurement timeline is summarised in section 3.1 and further detailed in
sections 3.2 to 3.8 below.
3.1
Procurement Timeline
The timeline for the Mental Health Commissioning Leadership Programme for
NHS England is set out in Table 1 below. It should be noted that the dates are
expected dates at the time of issuing this MOI and may be subject to change.
Milestones
Date
Advert published and Expressions of Interest invited
15th Oct 2013
MOI Published
15th Oct 2013
Bidder Information Web based
29th Oct 2013
Deadline for receipt of Expressions of Interest
14th Nov 2013
PQQ Published
15th Oct 2013
Deadline for receipt of PQQ
14th Nov 2013
Completion of PQQ evaluation
20th Nov 2013
Invitation to Tender issued to Bidders
20th Nov 2013
Deadline for receipt of bids
20th Dec 2013
Bidder Presentation
10th Jan 2014
Notification to Preferred Bidder
16th Jan 2014
Contract Award
27th Jan 2014
Contract commencement
1st April 2014
Table 1: Mental Health Commissioning Leadership Programme Timelines
Each milestone from the above table is explained in further detail below.
3.2
Advert, MOI & EOI
3.2.1
Advert
Adverts have been published describing, in general terms, the Mental Health
Commissioning Leadership Programme being procured for NHS England and the
location where the services are required. Adverts have been placed in OJEU and
on the Tactica e-Procurement portal to encourage responses from as wide a range
of organisations as possible. Potential Bidders must register their interest by
submitting an EOI in accordance with the requirements of section 3.2.3.
3.2.2
Memorandum of Information
This MOI provides details for the Mental Health CCG GP Commissioning
Leadership Programme for NHS England.
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This MOI should provide potential Bidders with sufficient information on the Mental
Health Commissioning Leadership Programme to enable them to make an
informed decision about whether they wish to register their interest.
Potential Bidders must register their interest by submitting an EOI in accordance
with the requirements of section 3.2.3.
3.2.3
Expression of Interest (EOI)
Potential Bidders wishing to participate in this procurement must submit an EOI
with a completed PQQ, via the e-tendering portal https://tacticalive.advanced365.com. Simply click on the ‘interested parties’ current
opportunities’ button on the e-tendering site to view details of this procurement and
enter your organisations details (also see notice in Annex B)
EOI and completed PQQ to be returned NO later than: Noon 14th Nov 2013
3.3
Bidder Information Event
To ensure all potential Bidders are given an equal opportunity to fully understand
the requirements of this procurement and have an equal opportunity to bid, a
Bidder information event will be held. It will also aim to inform all potential Bidders
of the procurement principles, processes and next steps.
The Bidder Information Event for this procurement will be held via webex as
scheduled below,

29th Oct 2013, Time is 12noon – 2.00pm
Interested parties wishing to participate in this Procurement and link to the Bidder
Information Event should indicate their intention in accordance with the notice in
Annex C.
Please note: No questions posed by potential Bidders will be answered on the
day. If you have specific questions about this procurement you may ask them
before the event and they will be answered on the day. Any questions asked on
the day will be noted and answered after the event and will be posted on the
Tactica System.
3.4
Pre-Qualification Questionnaire (PQQ)
The PQQ is designed to evaluate the capacity, capability, experience and eligibility
of potential Bidders (in particular minimum levels of economic and financial
standing and technical or professional ability) to provide services which are the
subject of this procurement.
The PQQ provides detailed information on the PQQ process, guidance on how to
complete the PQQ, a series of questions for potential Bidders to answer and
details of the scoring methodology to be applied.
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The PQQ will be available on TACTICA from 15th Oct 2013. All potential bidders
wishing to bid for the Mental Health Commissioning Leadership Programme must
respond to the PQQ before the deadline stated in the PQQ. NHS England
reserves the right not to consider any PQQ submission received after the deadline.
A clarification question and answer process will operate during the PQQ stage and
will be explained in the PQQ documentation.
The PQQ evaluation will include a short-listing process and potential Bidders will
be told whether or not they have been short-listed.
Further details of the PQQ process and evaluation will be set out in the PQQ.
3.5
Invitation to Tender
Bidders invited to proceed to the ITT stage for the Mental Health Commissioning
Leadership Programme will be issued with the tender documentation.
The detailed requirements for the Mental Health Commissioning Leadership
Programme, the information required from Bidders and the timescales for
submission of bids will be included in the ITT.
Further details of the process and evaluation will be set out in Mental Health
Commissioning Leadership Programme ITT documentation.
3.6
Contract Award
Based on the outcome of Mental Health Commissioning Leadership Programme
ITT evaluation, recommendations will be made to the Programme Steering Group
to consider. Once the Programme Steering Group approval is received, and the
appropriate Alcatel Standstill period of 10 days is completed, NHS England and
the Preferred Bidder may enter into the Agreement.
3.7
Service Commencement
Following contract award, the service commencement will be 1st April 2014.
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4 COMMERCIAL FRAMEWORK
Potential Bidders’ attention is drawn to the following commercial information:
4.1
Contract
The contract to be entered into by NHS England and the selected Provider(s) for
the provision of Mental Health Commissioning Leadership Programme will be
communicated to potential bidders at the ITT stage.
4.2
Contract Duration
The contract duration is for One year with extensions available. The contract
period is subject to alteration until the Mental Health Commissioning Leadership
Programme ITT is issued.
4.3
Clinical
NHS England are looking for providers with the necessary capacity and capability
(or a demonstrable ability to provide the necessary capacity and capability) to
deliver high quality, patient-centred and VfM service, delivered in an effective
manner.
4.4
4.4.1
Workforce
Policies and Strategies
Bidders will be required to provide evidence that all proposed workforce policies,
strategies, processes and practices comply with all relevant employment
legislation applicable in the UK and in addition comply with the provisions outlined
in:
 Safer Recruitment – A Guide for NHS Employers (May 2005);
 The Code of Practice for the International Recruitment of Healthcare
Professionals (December 2004) (the Code of Practice); and
 Standards for Better Health (April 2006) (as amended or superseded)
At PQQ Stage, potential Bidders will be required to provide executive summary
information, with full copies of policies and other documentation being required at
the ITT stage.
4.4.2
Pensions
Potential Bidders should assume that their staff would not be able to participate in
NHS pension and injury benefit arrangements. The only exception to this is if the
Provider is an organisation that meets eligibility conditions for the NHS
Superannuation Scheme.
4.4.3
Staff Transfers (TUPE)
The attention of potential bidder 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 to the new one, giving the present supplier’s
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staff (and possibly also staff employed by any present sub-contractors) the right to
transfer to the employment of the successful offeror on the same terms and
conditions. The above does not apply to the self-employed.
Where TUPE applies, the Code of Practice on Workforce Matters in Public Sector
Service Contracts Guidance (Cabinet Office, March 2005) will apply. This means
that staff transferring under TUPE should receive access to a pension scheme that
is certified as “broadly comparable” with the NHS Pension Scheme by the
Government Actuary’s Department (GAD).
4.5
Training
The provider must consider training as part of the overall solution to ensure that
staff have the relevant skills and professional training to facilitate their roles
efficiently and effectively.
4.6
4.6.1
4.7
Equipment
Equipment
Providers will be responsible for the provision and cost of equipment.
IM&T
Providers will be solely responsible for the provision and cost of all IM&T hardware
and software unless specified by within the ITT document.
Providers will need to manage the selection and deployment of IM&T solutions in
conjunction with NHS England for provision of the Mental Health Commissioning
Leadership Programme.
Providers will also be required to put appropriate information management and
governance systems and processes in place to safeguard patient information.
This will need to be supported by appropriate training of staff.
Further details on IM&T requirements for this procurement will be set out within the
ITT documentation.
4.8
Payment Mechanism
Details on the payment mechanism for the Mental Health Commissioning
Leadership Programme for NHS England will be set out in the ITT.
4.9
Financial Standing
Financial standing requirements for the procurement will be included but not
limited at the PQQ stage to confirmation of identity, solvency and proposed
business structure. At the ITT stage, Bidders will be required to put forward
detailed proposals as to how the Service will be charged.
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4.10 Performance Security
It is expected that no performance security will be required from Providers for this
scheme.
4.11 Insurance
A comprehensive schedule of insurances that the Provider will be required to
obtain for this procurement will be set out in the ITT. This will typically include
public liability, corporate medical malpractice etc.
The insurance requirements will also require Providers to ensure that:


The Participating organisations interests are fully protected;
The Provider maintains insurance which meets at least the minimum
statutory requirements.
Providers will be required to indemnify the Participating organisations against any
claims that may be made against them arising from the provision of the services by
the Provider. The provider will expect the Provider to offer evidence that they have
sourced appropriate (and sufficient) insurance or other arrangements. For the
avoidance of doubt, this will include provisions for clinical negligence insurance
covering all staff.
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5 GOVERNANCE AND ADMINISTRATION
5.1
Requirements
5.1.1
Procurement Costs
Each Relevant Organisation will be responsible for its own costs incurred
throughout each stage of the procurement process. Neither NHS England nor
NHS South West CSU Procurement Team will be responsible for any costs
incurred by any Relevant Organisation or any other person through this process.
5.1.2
Consultation
NHS England will lead on all local stakeholder engagement issues. The Mental
Health Commissioning Leadership Programme is likely to be subject to ongoing
patient and public engagement.
All engagement outcomes will be received and considered prior to finalising the
Mental Health Commissioning Leadership Programme and will be included in the
ITT.
5.1.3
The Public Contract Regulations 2006
Mental Health Commissioning Leadership Programme to which this MOI relate fall
within Part B of Schedule 3 to the Public Contracts Regulations 2006 (“the
Regulations”)
5.1.4
Conflicts of interest
In order to ensure a fair and competitive procurement process, NHS England
require that all actual or potential conflicts of interest that a potential Bidder may
have are identified and resolved to the satisfaction of the NHS England.
Potential Bidders should notify the SW Commissioning Support of any actual or
potential conflicts of interest in their response to the PQQ. If the potential Bidder
becomes aware of an actual or potential conflict of interest following submission of
the PQQ or should immediately notify NHS England or the SW Commissioning
Support via TACTICA messaging. Such notifications should provide details of the
actual or potential conflict of interest.
If, following consultation with the potential Bidder or Bidder(s), such actual or
potential conflict(s) are not resolved to the satisfaction of the participating CCGs,
then we reserve the right to exclude at any time any potential Bidder or Bidder
from the Mental Health Commissioning Leadership Programme Procurement
should any actual or potential conflict(s) of interest be found by SWCSUPT to
confer an unfair competitive advantage on one or more potential Bidder(s), or
otherwise to undermine a fair and competitive procurement process.
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5.1.5
Non-collusion and Canvassing
Each potential Bidder and Bidder must neither disclose to, nor discuss with any
other potential Bidder, or Bidder (whether directly or indirectly), any aspect of any
response to this procurement (including the PQQ and ITT).
Each potential Bidder and Bidder must not canvass or solicit or offer any gift or
consideration whatsoever as an inducement or reward to any officer or employee
of, or person acting as an adviser to, either the NHS or the DH in connection with
the selection of Bidders or the Provider in relation to this procurement.
5.1.6
Freedom of Information
NHS England is committed to open government and meeting its legal
responsibilities under the Freedom of Information Act (FOIA). Accordingly, any
information created by or submitted during this procurement (including, but not
limited to, the information contained in the MOI, PQQ or Schemes and the
submissions, bids and clarification answers received from potential Bidders and
Bidders) may need to be disclosed by the NHS Peninsula Purchasing and Supply
Alliance in response to a request for information.
In making a submission or bid or corresponding with NHS England at any stage of
this Procurement, each potential Bidder, Bidder and each Relevant Organisation
acknowledges and accepts that the may be obliged under the FOIA NHS England
to disclose any information provided to it:


Without consulting the potential Bidder or Bidder; or
Following consultation with the potential Bidder or Bidder and having
taken its views into account.
Potential Bidders and Bidders must clearly identify any information supplied in
response to the procurement, PQQ or the ITT that they consider to be confidential
or commercially sensitive and attach a brief statement of the reasons why such
information should be so treated and for what period.
Where it is considered that disclosing information in response to a FOIA request
could cause a risk to the procurement process or prejudice the commercial
interests of any potential Bidder or Bidder, we may wish to withhold such
information under the relevant FOIA exemption.
However, potential Bidders should be aware that NHS England are responsible for
determining at its absolute discretion whether the information requested falls within
an exemption to disclosure, or whether it must be disclosed.
Potential Bidders should therefore note that the receipt by NHS England of any
information marked “confidential” or equivalent does not mean that NHS England
accepts any duty of confidence by virtue of that marking, and that the participating
CCGs will have the final decision regarding the disclosure of any such information
in response to a request for information.
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5.1.7
Disclaimer
The information contained in this MOI is presented in good faith and does not
purport to be comprehensive or to have been independently verified.
Neither NHS England or SW Commissioning Support nor any of their advisers
accept any responsibility or liability in relation to its accuracy or completeness or
any other information which has been, or which is subsequently, made available to
any potential Bidder, Bidder, Provider, Bidder Member, Clinical Services Supplier,
financiers or any of their advisers, orally or in writing or in whatever media.
Interested parties and their advisers must therefore take their own steps to verify
the accuracy of any information that they consider relevant. They must not, and
are not entitled to, rely on any statement or representation made by NHS England.
This MOI is intended only as a preliminary background explanation of the
procurement activities and plans and is not intended to form the basis of any
decision on the terms upon which NHS England will enter into any contractual
relationship.
NHS England or SW Commissioning Support or any of their advisers reserve the
right to change the basis of, or the procedures (including the timetable) relating to
this procurement process, to reject any, or all, of the PQQ submissions or 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 Mental Health Commissioning Leadership Programme.
NHS England or SW Commissioning Support any of their advisers shall be not
obliged to appoint any of the Bidders and reserve the right not to proceed with the
procurement, or any part thereof, at any time.
Nothing in this MOI is, shall be relied upon as, a promise or representation as to
any decision made by the NHS England in relation to this procurement. No person
has been authorised by NHS England or its advisers or consultants to give any
information or make any representation not contained in this MOI and, if given or
made, any such information or representation shall not be relied upon as having
been so authorised.
Nothing in this MOI 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, 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 the MOI or other pre-contract
documentation.
In this section, references to this MOI include all information contained in it and
any other information (whether written, oral or in machine-readable form) or
opinions made available by or on behalf of NHS England or SW Commissioning
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Support or any of their advisers or consultants in connection with this MOI or any
other pre-contract documentation.
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6 GLOSSARY OF TERMS AND ABBREVIATIONS
Term
Description
Bidder
A single operating organisation/person that has been short-listed
through the PQQ evaluation process and been invited to participate in
the stage and is bidding for one or more CCG Schemes
Bidder
Guarantor
An organisation providing a guarantee, indemnity or other undertaking in
respect of a Bidder’s or a Bidder Member’s obligations
Bidder Member
A shareholder or member or proposed shareholder or member in, or
controlling entity of, the Bidder and / or that shareholder’s or member’s
or proposed shareholder’s or member’s ultimate holding company or
controlling entity
CCG
Clinical Commissioning Group
CfH
Connecting for Health
CPD
Continuing Professional Development
Clinical
Services
Supplier
All suppliers providing clinical services which are the subject of the
Contract including, but not limited to, primary medical care services
Contract
A form of MENTAL HEALTH COMMISSIONING LEADERSHIP
PROGRAMME contract, as detailed further in paragraph 4.1, to be
entered into between the relevant commissioning CCG(s) and
Recommended Bidder for the provision of the MENTAL HEALTH
COMMISSIONING LEADERSHIP PROGRAMME
CSU
Commercial Support Unit
DH
Department of Health
EOI
Expression of Interest
E-Procurement
TACTICA
System
Electronic procurement system that ensures equitable and transparent
process management
FM Services
FOIA / Freedom
of Information
Act
Facilities management services including “Hard FM” (including services
relating to security, fire, utility management, utility breakdown, pest
control, landscape maintenance) and “Soft FM” (including services
relating to cleaning, laundry, health and safety, portering, waste
management, clinical waste management, infection control, linen, gowns
and bedding)
The Freedom of Information Act 2000 and any subordinate legislation
made under that Act from time to time, together with any guidance
and / or codes of practice issued by the Information Commissioner, the
Department of Constitutional Affairs, the Office of Government
Commerce and the NHS in relation to such legislation or relevant codes
of practice to which the DH and CCGs are subject
IM&T
Information Management and Technology
ITT
Invitation to Tender – Restricted
MOI
This Memorandum of Information setting out the details of each CCG
Schemes and the requirements of the CCG Procurement
NHS
National Health Service
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Term
Description
Potential Bidder
A single operating organisation or person that is participating in the
MENTAL HEALTH COMMISSIONING LEADERSHIP PROGRAMME
for the NHS England, but that has not at the relevant time been invited to
respond
PQQ
Pre-Qualification Questionnaire
Provider
Relevant
Organisation
TUPE
VfM
The successful Bidder who has entered into a Contract with an NHS
organisation to provide services specified in the MENTAL HEALTH
COMMISSIONING LEADERSHIP PROGRAMME
An organisation(s) or person connected with a response to a PQQ
and / or connected with a bid submission including (without limitation):
(i)
the potential Bidder;
(ii)
the Bidder;
(iii)
the Provider;
(iv)
each Bidder Member;
(v)
each Bidder Guarantor; and
(vi)
each Clinical Services Supplier
Transfer of Undertakings (Protection of Employment) Regulations 2006
(SI/2006/246)
Value for Money which is the optimum combination of whole-life cost
and quality (fitness for purpose) to meet the overall service requirement
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Annex A – MENTAL HEALTH COMMISSIONING LEADERSHIP
PROGRAMME FOR NHS ENGLAND
Introduction
The new Mental Health Commissioning Leadership Programme contract will
commence on 1st April 2014.
Quality Requirements
The provider will be expected to meet the Mental Health Commissioning Leadership
Programme standards which will be set down in Invitation to Tender.
The provider will be expected to submit regular reporting to NHS England. Further
information will be provided in the Invitation to Tender. All information will be reviewed at
periodic face-to-face meetings with the provider.
The Service
The service will be required to run over a course of 10 days, or 4 modules in the period
January 2014-March 2015. This should include an intensive residential module, further
details will be provided in service specification at Tender stage.
Demand and capacity planning
The provider must demonstrate their ability to match their capacity to meet predictable
fluctuations in demand for their contracted service, especially at periods of peak demand.
They must also have robust contingency plans for those circumstances in which they may
be unable to meet expected demand.
Partnership
It is understood and recognised by NHS England that providers may wish to work in
partnership with other providers within each locality with primary and sub-contractor
arrangements to deliver a fully sustainable and robust service, this would not be
discouraged.
Providers will need to formulate and maintain good working relationships with other
providers across their respective regions to ensure that a fully integrated and seamless
service is provided to patients. The 3 regions are
 North of England
 Midlands and East of England
 South of England
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Business Continuity Planning
The provider will have detailed escalation and business continuity plans developed to take
into account all potential risks such as major incidents, capacity pressures (winter
pressures), weather contingency plans and flu pandemic. Detailed plans would need to
be shared with commissioners and other external agencies on a regular basis.
Workforce
TUPE
There is no expectation that the Mental Health Commissioning Leadership Programme for
the NHS England may have some TUPE implications but this will be confirmed at the ITT
stage.
Equipment
The provider will ensure the appropriate equipment is available in order to deliver the
services required. Further information will be supplied in the tender documentation.
IT infrastructure
The provider will supply an appropriate IT solution to support the Mental Health
Commissioning Leadership Programme. The provider will manage this data but the NHS
will own this. Further IT requirements will be set out in the tender documentation
Reporting
There will be a need to provide information to the NHS England commissioners when
possible this will be defined in the tender documentation.
Key performance Indicators
The key performance indicators will be found in the Invitation to Tender documentation.
Contract
The contract term will be One year with possibility of 12 months extensions at the
discretion of NHS England.
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Annex B – Format for Submitting an Expression of Interest
Call for Expressions of Interest for the provision of MENTAL HEALTH
COMMISSIONING LEADERSHIP PROGRAMME to NHS England
The South West CSU Procurement Team (SWCSUPT) acting on behalf of NHS England
invites Expressions of Interest from suitably qualified and experienced providers to
provide Mental Health Commissioning Leadership Programme. This contract for the
service is for one year period.
To be considered for the formal tender process you must be able to demonstrate an
effective track record of delivering similar services.
To obtain the scheme’s Memorandum of Information and to register interest each provider
must respond via the e-tendering portal https://tactica-live.advanced365.com. Simply click
on the ‘interested parties’ current opportunities’ button on the
e-tendering site to view details of this procurement and enter your organisations details.
Those wishing to submit an Expression of Interest in tendering for the contract are
asked to do this in accordance with the instructions set out in the Memorandum of
Information, to arrive before 14th Nov 2013.
A web based briefing event for all interested organisations will be on 29th October
2013 – details within Annex C.
For further information please contact Adeyanju Bakare, Senior Clinical
Procurement Manager, South West Commissioning Support through the etendering portal – Tactica messaging system.
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Annex C - Bidder Information Event for NHS England
MENTAL HEALTH COMMISSIONING LEADERSHIP PROGRAMME
Bidder Information Event
Please return this form completed if you wish to participate in the web based Supplier
Briefing scheduled for 29th Oct 2013.
Please return this form completed if you wish to attend this event to Adeyanju
Bakare via the Tactica system https://tactica-live.advanced365.com/login
Providers can nominate one attendee only, please indicate below the representative
that will be attending:
Attendee
Name
Role
Email address
Landline number
Mobile number
Please complete this Form and send it to Adeyanju Bakare via the messaging application
on the Tactica system by 23rd Oct 2013.
https://tactica-live.advanced365.com/login
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Annex D: Government Actuary’s Department Fair Deal for Staff
Pensions Guidance (NOT APPLICABLE)
Fair Deal for Staff Pensions
When a body employs people who were compulsorily transferred from the public sector under
TUPE, it must provide those employees with access to a pension scheme that provides benefits
which are ‘broadly comparable’ to those in the public sector pension scheme.
Guidance on the pensions issues that need to be addressed when staff are so transferred to a
private sector contractor are given in the guidance note issued by HM Treasury in June 2004 Fair
Deal for Staff Pensions: Procurement of Bulk Transfer Agreements and Related Issues (Fair Deal)
(http://www.hm-treasury.gov.uk/d/pensions_bta_guidance_290604.pdf).
The Fair Deal guidance stipulates two main pension aspects which need to be satisfied when there is
a TUPE transfer of employment: broad comparability (2004 guidance: paragraph 6) and bulk transfer
(2004 guidance: paragraph 7-10).
Future Pension Rights: Broad Comparability
Broad comparability relates to the provision of future pension rights for the transferring staff. The idea
is that staff should have access to future pension rights that are worth as much as they would have
had, had they remained as public sector employees. At the time of transfer of employment, the new
employer must provide a pension arrangement which provides broadly comparable future
service rights to those of the public sector pension scheme for which the employees were eligible in
the public sector. The principles on which broad comparability is assessed are contained in a
statement of practice which forms an integral part of the Fair Deal policy and can be found on the Staff
Transfers section of the GAD website (http://www.gad.gov.uk/services/Staff%20Transfers/). These
include both tests of financial and qualitative value.
There are two alternative approaches to providing Broad Comparability, namely passport and individual
certification.
A passport demonstrates that a contractor’s pension scheme is broadly comparable to a
specified public sector pension scheme for a wide range of staff who may potentially transfer
from the public sector. The passport will set out details of any exceptions for staff who are not
covered, often because they have reserved rights or special non-standard terms. This passport
may then be used to bid on other public contracts in compliance with this strand of Fair Deal for
relevant staff.
An individual certificate relates to a particular transfer, for the specific staff involved. If the
individual assessment indicates that the proposals offered are broadly comparable for the staff
concerned, then a broad comparability certificate would be issued, valid only for this transfer.
It can be a simpler way to achieve broad comparability where a smaller group of staff is
involved or where the contractor is not intending to bid on other contracts.
The following document, available on the Staff Transfers section of the GAD website, outlines the
procedures.

Passport System for Pensions: This describes the passport system allowing private
sector companies to acquire certification of the pension proposals they intend to make
available to the transferring staff. This note covers in outline the points that GAD
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considers in making the broad comparability assessment.
Please note: To be broadly comparable, schemes need to be of the same type, so defined
contribution schemes are not broadly comparable to defined benefit schemes. Accordingly,
GAD cannot certify defined contribution schemes, i.e. money purchase schemes such as a
Group Personal Pension Plan or a Stakeholder Scheme, as being broadly comparable to a
public sector defined benefit pension scheme.
Timescale and Costs
The timescale for a broad comparability assessment is 6-14 weeks on receipt of satisfactory
information and depending on the extent of discussion required. The cost of the assessment might be
£5,000 - £10,000 plus VAT for an individual assessment covering up to 20 employees (i.e. where
testing takes place only for one particular transfer, for the specific staff involved), and £8,500
- £17,500 plus VAT for a passport (i.e. where the pension scheme to be offered to transferring staff
would be analysed in detail for a wide range of staff).
An initial deposit of £2,000 will be required. Please note that this will be offset against the fees
incurred and is not an additional charge. GAD charges fees on a time-spent basis, and the
above indicative figures should not be taken as firm quotations.
Past Service Pension Rights: Bulk Transfer
Once staff have transferred, they should be given the option to transfer their accrued past service
rights in the ceding scheme to the receiving scheme on special pre-arranged terms (the bulk transfer
terms) or to preserve their accrued benefits within the ceding scheme itself. There are two
aspects to this, the need to negotiate terms with the bidder during the bidding process and the need to
carry out calculations in accordance with the terms agreed when members have selected their options.
Further details regarding bulk transfers are contained in a separate, scheme specific document
which is available on request.
Please note that the bulk transfer option can only be available where the ceding scheme provides
broadly comparable benefits.
Private Sector employers with only defined contribution schemes
For private sector employers that only offer a defined contribution scheme there are several
options, as described below:
Set up its own Defined Benefit Scheme
The employer could propose to set up its own defined benefit scheme and then contact GAD to
obtain a broad comparability certificate as described above under Future Pension Rights: Broad
Comparability.
Pre-certified Schemes
The employer could choose to purchase a scheme, or to participate in an umbrella scheme
offered by an insurance company or other provider, which has been assessed to be broadly
comparable against a particular public sector pension scheme. In the former case, the
contractor needs its own broad comparability certificate which will be issued once it has
purchased such a scheme. In the latter case, the contractor must formally join the umbrella
scheme as a participating employer and will be provided with a copy of the certificate by the
insurance company or provider. GAD does not maintain a list of insurance companies or
providers that currently offer pre-certified schemes. GAD is aware of a number of organisations
that have offered one or more pre-certified schemes in the past including, in alphabetical order,
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Friends Provident, Local Authority Waste Disposable Company (LAWDC), PAN Trustees,
Prudential and Scottish Widows. However, the provision of this list does not constitute:
(i) any form of endorsement of the organisations listed
(ii) any form of endorsement of their pre-certified schemes
(iii) evidence that the organisations currently offer a pre-certified scheme
(iv) an exhaustive list of organisations offering pre-certified schemes.
Contractors should seek their own advice on the pre-certified schemes that are available in the
market at the relevant time. GAD does not advise contractors on the pre-certified schemes
available, or on the insurance companies or providers that offer such schemes.
The Compensation Route
Where the private sector employer has no existing defined benefit pension scheme and the group of
staff is too small to justify the expense of establishing such a scheme, the broad comparability
requirement may be waived at the contracting authority’s discretion, subject to a satisfactory
compensation package including a defined contribution scheme being offered by the bidder. This route
would normally only be considered for one-off transactions involving less than five staff, where the
bidder has not been involved, and would not be involved in the future, in bidding for other public sector
contracts involving the transfer of staff under TUPE.
GAD can advise the contracting authority about the terms that might be appropriate by assessing the
new employer’s proposals, and making recommendations on the compensation package. This would
include the employer contribution to a defined contribution scheme and the provision of death-inservice benefits and ill-health/PHI benefits.
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