Document No 1
To Tenderer
St George’s Healthcare NHS Trust
St George’s Hospital
Blackshaw Road
London
SW17 0QT
Direct Line: 020 8725 3541
Direct Fax: 020 8725 1602
e-mail:
michael.materesi@stgeorges.nhs.uk
2nd June 2014
Dear Sir / Madam,
Re: PRO/0817/2014 - Invitation to tender for the supply of Microsoft Enterprise Subscription agreement to St
Georges Healthcare NHS Trust.
Government Procurement Service Commoditised IT Hardware and Software Framework Ref: RM721/L3:
Specialist Channel Partners for Software.
Offers are invited, subject to the terms of this letter and also to the Terms of offer (Document No 2), for the
supply, in accordance with the “model contract” GPS terms and conditions for the Commoditised IT Hardware
and Software Framework Ref: RM721/L3 - Specialist Channel Partners for Software (Document No 3) and
supplementary conditions of contract (Document No 4), for the services detailed in the
Specification/Operational requirement (Document No 5).
St George’s Healthcare NHS Trust does not bind itself to accept the lowest or any Offer and reserves the right
to accept an Offer either in whole or in part, each item being for this purpose treated as offered separately. St
George’s Healthcare NHS Trust reserves the right to award contracts for the supply of the services described
above and arising out of this procurement process, to more than one supplier.
This invitation to Offer package comprises the following documents (if any of these documents are missing
please contact me immediately):
Document No 1 This covering letter
Document No 2 Terms of Offer
Document No 3 NHS Terms and Conditions of Contract
Document No 4 Supplementary Conditions of Contract
Document No 5 Specification
Document No 6 Offer Schedule
Document No 7 Form of Offer
Document No 8 Confidentiality Agreement
I would like to draw to your attention the following important points when completing and submitting your offer:
a). All offers must be written in English and, where applicable in ink.
b). All offers must be submitted in accordance with the documentation provided herein. This must not be
amended in any way.
c). All offers must be submitted in electronic format via NHS Sourcing
(https://www.nhssourcing.co.uk/web/login). To be submitted no later than 17.00 p.m. on 6th June 2014. Please
note the tender box automatically closes 1 hour before the deadline.
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I draw your attention to the terms of offer (document No. 2) where all requirements for completing and
submitting an offer can be found. Failure to comply with these instructions may result in your offer being
disqualified.
I hope this clarifies matters, but please contact me if there is anything you wish to discuss.
Yours faithfully
Michael Materesi
Procurement Manager
St George’s Hospital
Blackshaw Road
London
SW17 0QT
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Document No 2
Terms of offer
1.
Information and confidentiality
1.1
Information that is supplied to offerors as part of the procurement exercise is supplied in good faith.
However, offerors must satisfy themselves as to the accuracy of such information and no
responsibility is accepted for any loss or damage of whatever kind or howsoever caused arising from
the use by the offerors of such information, unless such information has been supplied fraudulently by
St George’s Healthcare NHS Trust
1.2
All information supplied to offerors by St George’s Healthcare NHS Trust in connection with this
procurement exercise shall be regarded as confidential. By submitting an offer the offeror agrees to
be bound by the obligation to preserve the confidentiality of all such information.
1.3
This invitation and its accompanying documents shall remain the property of St George’s Healthcare
NHS Trust and must be returned on demand.
2.
Freedom of Information Act 2000
2.1
The Freedom of Information Act 2000 (FOIA) applies to St George’s Healthcare NHS Trust
2.2
Offerors should be aware of the St George’s Healthcare NHS Trust obligations and responsibilities
under the FOIA to disclose, on request, recorded information held by St George’s Healthcare NHS
Trust. Information provided by offerors in connection with this procurement exercise, or with any
Contract that may be awarded as a result of this exercise, may therefore have to be disclosed by St
George’s Healthcare NHS Trust in response to such a request, unless St George’s Healthcare NHS
Trust decides that one of the statutory exemptions under the FOIA applies. The St George’s
Healthcare NHS Trust may also include certain information in the publication scheme which it
maintains under the FOIA.
2.3
In certain circumstances, and in accordance with the Code of Practice issued under section 45 of the
FOIA or the Environmental Information Regulations 2004, St George’s Healthcare NHS Trust may
consider it appropriate to ask offerors for their views as to the release of any information before a
decision on how to respond to a request is made. In dealing with requests for information under the
FOIA, St George’s Healthcare NHS Trust must comply with a strict timetable and St George’s
Healthcare NHS Trust would, therefore, expect a timely response to any such consultation within five
working days.
2.4
If offerors provide any information to St George’s Healthcare NHS Trust in connection with this
procurement exercise, or with any Contract that may be awarded as a result of this exercise, which is
confidential in nature and which an offeror wishes to be held in confidence, then offerors must clearly
identify in their offer documentation the information to which offerors consider a duty of confidentiality
applies. Offerors must give a clear indication which material is to be considered confidential and why
you consider it to be so, along with the time period for which it will remain confidential in nature. The
use of blanket protective markings such as “commercial in confidence” will no longer be appropriate.
In addition, marking any material as “confidential” or equivalent should not be taken to mean that St
George’s Healthcare NHS Trust accepts any duty of confidentiality by virtue of such marking. Please
note that even where an offeror has indicated that information is confidential, St George’s Healthcare
NHS Trust may be required to disclose it under the FOIA if a request is received.
2.5
St George’s Healthcare NHS Trust cannot accept that trivial information or information which by its
very nature cannot be regarded as confidential should be subject to any obligation of confidence.
2.6
In certain circumstances where information has not been provided in confidence, St George’s
Healthcare NHS Trust may still wish to consult with offerors about the application of any other
exemption such as that relating to disclosure that will prejudice the commercial interests of any party.
2.7
The decision as to which information will be disclosed is reserved to St George’s Healthcare NHS
Trust, notwithstanding any consultation with you.
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3.
Samples
3.1
N/A
4.
Prices
4.1
Prices must be stated in the Offer Schedule (document no.6) and must remain open for acceptance
until 90 days from the closing date for the receipt of offers.
4.2
Prices must be firm (i.e. not subject to variation) for the period of the contract subject only to any
variation provisions contained in the contract documents.
Offer documentation and submission – via on https://www.lppsourcing.org.
Suppliers must read through this complete set of instructions and follow the process to respond to this
tender.
Your tender must be completed and submitted electronically by using NHS Sourcing by the due date
of 17.00 on 6th June 2014
5.0 Offer documentation and submission – via https://www.lppsourcing.org.
Suppliers must read through this set of instructions and follow the process to respond to this opportunity.
The information and/or documents for this opportunity are available on https://www.lppsourcing.org. You must
register on this site to respond, if you are already registered you will not need to register again, simply use your
existing username and password
In order to register for a free account, please follow the link above and create an account for your
organisation. Please, wherever possible, use a generic organisation group email address, rather than addresses of
individual staff members, to avoid communications and notifications being missed. Only one account for each
supplier should be created.
If you have any queries, please do not hesitate to contact me
Suppliers must read through this set of instructions and follow the process to respond to this opportunity.
Please ensure you follow any instruction provided to you.
The deadline for submitting your response(s) is 6th June 2014 (17.00 p.m.). Please ensure that you allow yourself
plenty of time when responding to this invite prior to the closing date and time, especially if you have been asked to
upload documents.
If you experience any technical difficulties please contact the Due North Helpdesk on call 0845 293 0459 (8.30am
until 17.30pm Monday to Friday except Bank Holidays) or email support@due-north.com
Expressions of Interest must be submitted through the Due North e-Tendering portal. St Georges Healthcare NHS
Trust must not be contacted directly in relation to this contract and will only address questions raised through the
Due-North e-Tendering portal and will not reply to any such direct emails or telephone calls.
When required, pricing must be in Sterling and payments under the contract will be made in Sterling. The contract
is expected to last for 3 years. The contract will be governed by English law. St Georges Healthcare NHS Trust
reserves the right to annul the tendering process and not award a contract.
The tender exercise will be co-ordinated through a procurement panel of representatives. Further information will be
sent out in the tender documentation.
Bidder clarifications, if applicable, will be held after receipt of the Invitation to Tender Documents have been
returned and suppliers must make themselves available for them.
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St Georges Healthcare NHS Trust does not bind itself to accept the lowest offer or any offer either in part, each
item for this purpose being treated as separately.
St Georges Healthcare NHS Trust cannot be held responsible for any costs incurred by offerors in relation to the
preparation of their and any subsequent post offer clarifications.
Suppliers must use the file reference PRO/0817/2014 in all correspondence. Suppliers must follow the instructions
fully.
The contract is for the benefit of participating St Georges Healthcare NHS Trust and any other non-NHS bodies
which the participants deem necessary for the delivery of services or goods, local authorities, other government
departments or non-departmental public bodies charged with the delivery of healthcare or health related services.
For the avoidance of doubt, this Contract will be for the benefit of St Georges Healthcare NHS Trust only.
ITT documents and associated information will be available form midnight on the 2nd June 2014
5.1
Offers may be submitted for all goods and/or services or for selected items.
5.2
The goods and/or services offered should be strictly in accordance with the Specification (document
no.5). Alternative goods and/or services may be offered but all differences between such items and
the Specification must be indicated in detail in the Offer Schedule.
5.3
Offers must comprise the following documents only (no other documentation / literature is required at
this stage). (TO BE SUBMITTED VIA NHS SOURCING WEBSITE – NO HARD COPY TO BE
SUBMITTED) :
5.3.1
the Offer Schedules (Excel File: - Offer Schedules Summary & Itemised).
Please name your file: ‘STG - – Offer Schedule – Summary & Itemised – Enter Company
Name’
5.3.2
the Form of Offer (document no.7)
Please name your file: ‘STG - - Form of Offer – Enter Company Name’
a statement of prompt settlement discounts, if available.
Please name your file: ‘STG - - Terms – Enter Company Name’
5.3.4
confirmation that any information previously supplied to St George’s Healthcare NHS Trust in
connection with the offer is still accurate and is incorporated by reference into the offer.
Offers must be written in English and submitted in a plain sealed envelope which does not
identify the offeror quoting the appropriate reference number and addressed to
5.5
The Form of Offer must be signed by an authorised signatory: in the case of a partnership, by a
partner for and on behalf of the firm; in the case of a limited company, by an officer duly authorised,
the designation of the officer being stated.
5.6
The Form of Offer and accompanying documents must be completed in full. Any offer may be
rejected which:
5.6.1
contains gaps, omissions or obvious errors; or
5.6.2
contains amendments which have not been initialled by the authorised signatory; or
5.6.3
is received after the closing time.
Therefore, if you have any queries please contact the following:
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Commercial Enquiries:Name:
Michael Materesi
Designation:
Procurement Manager
Tel:
0208 725 3541
E-mail
michael.materesi@stgeorges.nhs.uk
Technical Enquiries:Name:
Justin Beardsmore
Designation:
Infrastructure Manager
Tel:
0208 725 2885
E-mail
justin.breadsmore@stgeorges.nhs.uk
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Contract award criteria
6.1
The contract will be awarded in accordance with the evaluation criteria as stated below
1
Criteria
Price/Cost (Price)
Weighting
90%
5
Added Value / Innovation (Innovation)
TOTAL
6.2
10%
100%
Scoring Mechanism employed
Scoring Table
Award Criteria
1
5
Price / Cost (Price)
Added Value / Innovation (Innovation)
TOTAL
Total
number of
Questions
Maximum
Score
Maximum
Weighting
N/A
N/A
90%
1
10
10%
N/A
N/A
100%
Scoring of the Added Value / Innovation will be based on a 0 – 5 point system as follows:
Score
5
4
3
2
1
0
Judgement
Meets all requirements
Meets most of the requirements
Generally meets all the main requirements with some minor exceptions
Meets some requirements with a few large gaps or exceptions
Meets few requirements; serious concerns
Does not meet any requirements; fails to answer the question
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7.
Contract monitoring
St George’s Healthcare NHS Trust is committed to helping improve the efficiency of contracted suppliers
through sharing information on performance measurement. The criteria for measuring performance shall be
agreed with the supplier/s and formally documented. It is possible that measurement criteria will develop
during the term of the contract - this will also be documented following agreement with the supplier/s.
7.1
Contract Period
The contract duration shall last for the term of the required engagement, as detailed within the specification.
The Trust reserves the right to migrate its business to any LPP or NHS Trust contract that may supersede this
agreement.
8.
Contracting Timetable:
Tender Notice issue: 2nd June 2014
Closing date for responses: 17:00 on 6th June 2014
Contract Award expected: by 13th June 2014
Contract start date: 1st July 2014
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Document No 3
Government Procurement Service Terms and Conditions:
This contract will be governed by the Government Procurement Service ‘model contract’ terms and conditions
for the Commoditised IT Hardware and Software Framework - Ref: RM721/L3 – Specialist Channel Partners
for Software below attached.
CITHS - Model
Contract v3.00 Generic.doc
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Document No. 4
Supplementary Conditions of Contract
1. Conditions of contract
These conditions are additional to standard Government Procurement Service ‘model contract’ terms
and conditions for the Commoditised IT Hardware and Software Framework - Ref: RM721/L3 –
Specialist Channel Partners for Software. In the event of conflict these supplementary conditions
shall prevail.
The service shall be provided in accordance with this agreement and shall not deviate without prior
written consent of the authority’s authorised officer. The terms ‘the Authority ‘and ‘the Trust’ are used
interchangeably. In this case ‘the Authority’ is:
The key contacts for (the “Authority”) are:
Procurement: Michael Materesi, Procurement Manager
Technical: Justin Beardsmore, Infrastructure Manager
2.
Contract Period
The contract period will be 3 years.
3.
Service specification
3.1
The contractor will be required to perform the service in accordance with this agreement and all
statutory and other requirements.
4
Quantities
4.1
Any quantities / volumes stated in the ITT are indicative only.
5
Delivery:
5.1
Delivery shall be by way of a ‘call-off’ order for items and indicative annual quantities as specified in
Document 6 whereby orders will be made and will be delivered as and when required by the
authority.
5.2
Additional quantities of products/services may be ordered by the authority and will be charged for at
the same prices as agreed in Document 6.
6
Consignement Stock
6.1
N/A.
7.
Contract Price
7.1
Unless otherwise agreed the contract price shall remain fixed for the period of the contract and its
subsequent extensions.
7.2
All goods are to be delivered free of charge to the Trust.
8.
Catalogue
8.1
N/A
9.
Invoicing
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9.1
All invoices must be sent directly to: Accounts Payable Department, St George’s Healthcare NHS
Trust, Blackshaw Road, Tooting,
London, SW17 0QT
9.2
This is a mandatory requirement and forms part of the Trusts standing financial instructions.
10.
Standards of Service
10.1
The contractor should be in receipt of the quality standards set out in the specification.
10.2
The contractor should be in receipt of ISO9002 or similar quality assurance registration.
10.3
All medical products to be supplied must be EU compliant
11
Contract monitoring
11.1
The contractor shall appoint one senior manager in writing to liaise with the authority’s authorised
officer. The appointment to be carried out on award of contract notified in advance and only changed
by mutual agreement between the contractor and the authority.
11.2
The contractor shall meet with the authority at intervals to be determined by the authorised officer
11.3
Aspects of the contract to be monitored shall include but not be limited to the response to enquiries,
accuracy of paperwork and reports, and service quality.
12.
Termination
The authority may by notice in writing terminate the contract without compensation to
The contractor and without the existence of any breach by either party, by giving
Three months notice. This termination shall arise as a result of end-user dissatisfaction in quality or a
breach of terms and conditions of contract
13
Environmental policy
The authority would like all submissions to contain a statement where possible detailing the
contractors environmental policy.
14.
Clinical Risk of IT Systems
All health IT systems, not just NHS CFH applications, that could have an impact on clinical care are
covered by the following two standards.


responsibility of a Supplier (ISB 0129 - DSCN 14/2009)
Health Organisation (ISB 0160 - DSCN 18/2009)
It is the responsibility of a Supplier or a Health Organisation to assess the clinical risk posed by a
system and determine whether the full requirements of the standard(s) apply. If it is assessed that the
full standard does not applied due to the system possessing no clinical risk then the analysis
supporting this view needs to be recorded and retained. Such analysis should be reviewed when
changes are made to the system, especially when its functionality is increased.
Information regarding these standards is available from;
ISB 0129: http://www.isb.nhs.uk/documents/isb-0129/dscn-14-2009/index_html
ISB 0160: http://www.isb.nhs.uk/documents/isb-0160/dscn-18-2009/index_html
In your formal response please confirm that you are fully compliant with your supplier
obligations regarding DSCN 14/2009 and provide relevant evidence of this.
11.
Review
Following the date of contract signature both parties shall attend a review meeting on a monthly basis
until both parties agree to a different timeframe for review meetings.
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12.
Contingency Plan
The parties will negotiate and agree a contingency plan prior to the award of contract .
13.
Contractor Staff
The Contractor shall ensure that the Contractor’s employees have the relevant criminal record bureau
checks as required by the Authority where the Contractor’s employees are required to access the
Locations.
14
Contract Access
Contract availability: Pricing submitted against this contract are to be made available to any NHS
organisation in the UK, including any statutory and other successor organisations.
15
Usage Banding
A usage banding volume discount is to be incorporated into the offer schedule based on the annual
volume / value of any additional trust utilising this agreement. (Refer Document 6A)
16
Contract migration
The trust reserves the right to migrate its requirements to any new national or London Procurement
Framework.
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Document 5
SPECIFICATION
The contractor is invited to provide the authority with IT Infrastructure facility and related equipment as detailed
in document 6 by product description and manufacturer product code.
The complete solution needs to be provided, installed, configured, tested and handed over by a single
contractor who will own the work as project from inception to delivery into support, working alongside
the IT teams at St. Georges.
1.
Service specification
The Contractor will be required to perform the service in accordance with this agreement and all
statutory and other requirements in accordance with the Statement of Work as set out in Document
No.5.
2
Reference Site Details:
N/A.
3
Clinical Educator / Nurse:
N/A.
4
Lead Time / Buffer Stocks
N/A.
5
Quantities
The estimated usage figures stated are indicative quantities only and are not binding quantities. Usage
will be reviewed on an ongoing basis in line with pack range & content.
6
Delivery
Suppliers are requested to detail the options for the supply of the product to the hospital i.e., if available
through NHS Supply Chain or any alternate route & details of any reduction / addition to the unit cost
that may be incurred.
7
Contingency
Suppliers are requested to detail what contingency arrangements they will be put in place to ensure the
uninterrupted supply of the products for the duration of the contract.
8
Training
N/A.
9. Detailed Specification / Requirement
9.1 Introduction
St. George’s Healthcare NHS Trust wish to procure a Microsoft Enterprise Subscription agreement. The Trust
wish to take advantage of the Microsoft PSA 12 pricing model.
The Trust’s end user computing strategy is to implement virtualisation (virtual desktop and virtualised
applications) with a strong emphasis on mobility across geographical areas.
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The Trust will require the flexibility to change the amounts of each individual component on an annual basis.
9.2 Requirements
The table below details the required licences.
Part No.
269-12445
Description
OfficeProPlus ALNG LicSAPk MVL Pltfrm
Version
Latest
Notes
per Device
CW2-00309
WinEntforSA ALNG UpgrdSAPk MVL Pltfrm
Latest
4ZF-00033
VDA ALNG SubsVL MVL Pltfrm PerDvc
Latest
per Device
Monthly
Subs.
Qty
4700
3200
1500
Innovation
Requirement: The Trust will require on-going licence advice, licence management capability and access to
extended trial versions of Microsoft software.
Please can the tenderer provide details of how they can help the Trust with the requirement above.
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Document 6 A
Offer Schedule
Part 1 – Offer Schedule – Summary
1.
OFFER SCHEDULE – SUMMARY – TO BE COMPLETED FOR TRUST AUDIT PURPOSES
Please detail below the total cost (ex. VAT) to St Georges Healthcare NHS Trust for the supply of a
complete IT in accordance with the attached specification:
Prices to be quoted covering ALL COSTS, using the categories as identified in the specification. For
calculation purposes please calculate total costs based on the estimated volumes stated x your unit
cost.
Total Cost to St George’s
Healthcare NHS Trust for the
supply of complete Microsoft
Enterprise Subscription
agreement (in accordance with
the specification)
Total cost per annum
Total Cost of Ownership for
1year, 3 years & 5 years
separately.
£
Name
Signature
Designation
Company
Date
For Internal Purposes Only :
Tender Opened by :
Date
Witnessed by:
Date
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Document 6 B
Offer schedule – Itemised
Part 2 – Itemised
Please detail below your offer to St George’s Healthcare NHS Trust for the provision of Microsoft Enterprise Subscription agreement. Offers are required for the
types of product/service as detailed in the schedule, comprising the component parts and volumes as specified. Where suppliers are unable to offer an exact match
to the products required then details of alternate products are to be entered against the corresponding pack / line entry & highlighted accordingly. Samples may be
required of all products offered as set out under the terms of offer – section 3.
Suppliers are requested to enter their pricing details against the respective lines, detailing where applicable discount rates in relation to a potential proportional
award of business. The potential award of business will be calculated line by line and may be split amongst a number of alternate suppliers. The completed file
needs to be uploaded to the GPS (Buying Solutions) Site.
Offer Schedule – Microsoft Enterprise Subscription agreement – Itemised (please see as separate attachments)
2.1
The Trust requires to offer to be submitted, i.e.


Offer 1 – 12 month purchase order raised for each 12 months of the contract
Offer 2 - Purchase order raised will be aligned to the Trust's financial years
You must complete and return the attached Pricing Schedule documents. Failure to complete the Pricing schedule will result in disqualification from the Tender
process.
Microsoft Pricing
Schedule.xlsx
2.3
Innovative Pricing
Offerors are invited to provide a statement outlining any innovative pricing for the provision of Microsoft Enterprise Subscription agreement (as detailed in the
specification) to St George’s Healthcare NHS Trust :-
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2.4
Terms Please complete.
Settlement Discount
7 Days
%
14 Days
Delivery Charges
Special Delivery :
Standard Delivery: All other deliveries Free of Charge
Delivery Period:
Lead Time from
Contract Award:
Lead Time
(Standard):
Prices Firm (delete
as appropriate)
Duration of
Contract (xx
Months +
Extension)
Additional Costs (please detail any additional costs that may be incurred):
Discount from price list for purchase of non-specified items
related to product range:
%
21 Days
%
Minimum Order
Value:
Other % - please detail:
Small Order
Charge:
Consignment Stock:(Please detail if any additional
costs are involved)
Innovative Pricing (please detail any opportunities for further reducing costs to St Georges
Healthcare NHS Trust:
Price List ……………………… Discount: ……….
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Document No 7
Form of Offer
Offer Reference: – Tender for the supply of Microsoft Enterprise Subscription agreement
............................................................................................................... (the Offeror of)
........................................................................................................................................
AGREES
1.
that this Offer and any contract arising from it shall be subject to the Terms of Offer, NHS
Standard Terms & Conditions of Contract and supplementary conditions of contract and
all other terms (if any) issued with the invitation to offer; and
2.
to supply goods/services in respect of which its offer is accepted (if any) to the exact
quality, sort and price specified in the Offer Schedule in such quantities to such extent
and at such times and locations as ordered
3.
that this offer is made in good faith and that the Offeror has not fixed or adjusted the
amount of the offer by or in accordance with any agreement or arrangement with any
other person. The Offeror certifies that it has not, and undertakes that it will not:
3.1
communicate to any person other than the person inviting these offers
the amount or approximate amount of the offer, except where the
disclosure, in confidence, of the approximate amount of the offer was
necessary to obtain quotations required for the preparation of the offer,
for insurance purposes or for a contract guarantee bond;
3.2
enter into any arrangement or agreement with any other person that he
or the other person(s) shall refrain from making an offer or as to the
amount of any offer to be submitted;
Date:
Name (Print)
Signature:
Title:
Company:
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Document No 8 Confidentiality Agreement
Confidentiality agreement for third party suppliers
1
Who are third parties covered by this agreement?
Third parties are located on-site for a period of time as defined within their contract.
They could include the following:


2
Hardware and software maintenance and support staff (for all of the document)
Cleaning, catering, security guards and other outsourced support services (for general contractor
clause and form on back page)
General contractor clause (based on clause from Introduction to Data Protection in the NHS (E5127)
and BS7799)
The Contractor undertakes:

To treat as confidential all information which may be derived from or be obtained in the course of
the contract or which may come into the possession of the contractor or an employee, servant or
agent or sub-contractor of the contractor as a result or in connection with the contract; and
o
To provide all necessary precautions to ensure that all such information is treated as confidential by
the contractor, his employees, servants, agents or sub-contractors; and
o
To ensure that he, his employees, servants, agents and sub-contractors are aware of the provisions
of the Data Protection Act 1998 and BS7799 and that any personal information obtained from the
Authority/Authority/Practice shall not be disclosed or used in any unlawful manner; and
o
To indemnify St George’s Healthcare NHS Trust against any loss arising under the Data Protection
Act 1998 caused by any action, authorised or unauthorised, taken by himself, his employees,
servants, agents or sub-contractors.
All employees, servants, agents and/or sub-contractors of the Contractor will be required to agree to
and sign a confidentiality statement with St George’s Healthcare NHS Trust when they come to any of
the Authority sites where they may see or have access to confidential personal and/or business
information (see last page).
3
Supplier Code of Practice (based on example from Introduction to Data Protection in the NHS (E127)
and BS7799)
3.1
The following Code of Practice applies where access is obtained to XXXXXXX: personal
data/information, as defined within the Data Protection Act 1998, for the purpose of
preventative maintenance, fault diagnosis, hardware or software testing, repair, upgrade,
replacement or any other related activity.
3.2
The access referred to in paragraph 1 above may include:a.
b.
c.
d.
e.
3.3
Access to data/information on the Authority premises
Access to data/information from a remote site
Examination, testing and repair of media (e.g. fixed disc assemblies)
Examination of software dumps
Processing using the Authority’s data/information
The Supplier must certify that his organisation is registered appropriately under the Data
Protection Act 1998 and legally entitled to undertake the work proposed.
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3.4
The Supplier must undertake not to transfer the personal data/information out of the EEA
unless such a transfer has been registered, approved by the Authority and complies with the
Information Commissioners guidance on Safe Harbours.
3.5
The work shall be done only by authorised employees, servants, or agents of the contractor
(except as provided in paragraph 12 below) who are aware of the requirements of the Data
Protection Act 1998 of their personal responsibilities under the Act to maintain the security of
the Authority’s personal data/information.
3.6
While the data/information is in the custody of the contractor it shall be kept in appropriately
secure means.
3.7
Any data/information sent from one place to another by or for the contractor shall be carried out
be secure means. These places should be within the suppliers own organisation or an
approved sub-contractor.
3.8
Data/Information which can identify any patient/employee of the Authority must only be
transferred electronically if previously agreed by the Authority. This is essential to ensure
compliance with strict NHS controls surrounding the electronic transfer of identifiable personal
data/information and hence compliance with the Data Protection Act 1998 and BS7799. This
will also apply to any direct-dial access to a computer held database by the supplier or their
agent.
3.9
The data/information must not be copied for any other purpose than that agreed by the supplier
and the Authority.
3.10
Where personal data/information is recorded in any intelligible form, it shall either be returned to
the Authority on completion of the work or disposed of by secure means and a certificate of
secure disposal shall be issued to the Authority.
3.11
Where the contractor sub-contracts any work for the purposes in paragraph 1 above, the
contractor shall require the sub-contractor to observe the standards set out in 3-11 above.
3.12
The Authority shall, wherever practical, arrange for the equipment or software to be maintained,
repaired or tested using dummy data that does not include the disclosure of any personal
data/information.
3.13
The Authority reserves the right to audit the supplier’s contractual responsibilities or to have
those audits carried out by a third party.
3.14
The Authority will expect an escalation process for problem resolving relating to any breaches
of security and/or confidentiality of personal information by the suppliers employee and/or any
agents and/or sub-contractors.
3.15
Any security breaches made by the supplier’s employees, agents or sub-contractors will
immediately be reported to the Caldicott Guardian of the Authority.
4.
The Freedom of Information Act 2000 (FOIA) applies to Insight Direct (UK) Ltd.
4.1
The suppliers signing a contract with St George’s Healthcare NHS Trust should be aware of the
Authority’s obligations and responsibilities under the FOIA to disclose, on request, recorded
information held by the Authority. Information provided by the suppliers in connection with this
procurement exercise, or with any Contract that may be awarded as a result of this exercise,
may therefore have to be disclosed by the Authority in response to such a request, unless the
Authority decides that one of the statutory exemptions under the FOIA applies. The Authority
may also include certain information in the publication scheme which it maintains under the
FOIA.
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4.2
In certain circumstances, and in accordance with the Code of Practice issued under section 45
of the FOIA or the Environmental Information Regulations 2004, the Authority may consider
it appropriate to ask the suppliers for their views as to the release of any information before a
decision on how to respond to a request is made. In dealing with requests for information under
the FOIA, the Authority must comply with a strict timetable and would, therefore, expect a timely
response to any such consultation within five working days.
4.3
If the suppliers provide any information to the Authority in connection with this procurement
exercise, or with any Contract that may be awarded as a result of this exercise, which is
confidential in nature and which the suppliers wishes to be held in confidence, then they must
clearly identify in their offer documentation the information to which they consider a duty of
confidentiality applies. The suppliers must also give a clear indication which material is to be
considered confidential and why you consider it to be so, along with the time period for which it
will remain confidential in nature. The use of blanket protective markings such as “commercial
in confidence” will no longer be appropriate. In addition, marking any material as “confidential”
or equivalent should not be taken to mean that the Authority accepts any duty of confidentiality
by virtue of such marking. Please note that even where a supplier has indicated that information
is confidential, the Authority may be required to disclose it under the FOIA if a request is
received.
4.4
The Authority cannot accept that trivial information or information which by its very nature
cannot be regarded as confidential should be subject to any obligation of confidence.
4.5
In certain circumstances where information has not been provided in confidence, the Authority
may still wish to consult with the suppliers about the application of any other exemption such as
that relating to disclosure that will prejudice the commercial interests of any party.
4.6
The decision as to which information will be disclosed is reserved to St George’s Healthcare
NHS Trust, notwithstanding any consultation with you.
Certification Form:
Name of Supplier:
Address:
Telephone Number:
Email details:
On behalf of the above organisation I certify as follows:

The organisation understands the Data Protection Act 1998 and is legally entitled to
undertake the work agreed in the contract agreed with the Authority/Authority/Practice

The organisation will abide by the requirements set out above for handling any of the
Authority/Authority/Practice personal data/information disclosed to my organisation
during the performance of such contracts
Signed:
Position in Organisation:
Name of Individual:
Date:
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Agreement outlining personal responsibility concerning security and confidentiality of
information (relating to patients, staff and the business of the organisation)
During the course of your time within the Authority buildings, you may acquire or have access to
confidential information which must not be disclosed to any other person unless in pursuit of your duties
as detailed in the contract between the Authority and your employer. This condition applies during your
time within the Authority and after that ceases.
Confidential information includes all information relating to the business of the Authority and its patients
and employees.
The Data Protection Act 1998 regulates the use of all personal information and included electronic and
paper records of identifiable individuals (patients and staff). The Authority is registered in accordance
with this legislation. If you are found to have used any information you have seen or heard whilst
working within the Authority you and your employer may face legal action.
I understand that I am bound by a duty of confidentiality and agree to adhere to the conditions within
the Contract between St George’s Healthcare NHS Trust and my personal responsibilities to comply
with the requirements of the Data Protection Act 1998.
NAME OF ORGANISATION:
CONTRACT DETAILS:
PRO/0817/2014
Subscription
–
Microsoft
Enterprise
PRINT NAME:
SIGNATURE:
DATE:
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