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Developments at national level

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Title: Developments at national level


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WELCOME
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Developments atnational level
  • Neil Argyle
  •  
  • 16th October 2007

5
Current issues
  • NHS Supply Chain   
  •  
  • Collaborative Procurement Hubs
  •  
  • Future of PASA/ Commercial Directorate
  • Office of Government Commerce - Transforming
    Government Procurement Capability Reviews

6
General picture
  • Department of Health budget for 2007/8 - 92
    billion
  •  
  • Expenditure on goods and services - 17bn?
  •  
  • Expectation that money is spent wisely
  •  
  • Plurality " of providers - private sector,
    outsourced services, independent treatment centres

7
Procurement
  • Emphasis on value for money
  •  
  • Gershon - public sector efficiency
  •  
  • DH Arms length bodies review
  •  
  • Target savings across DH 500 million by 2008
  •  
  • Procurement efficiency firmly on the agenda

8
NHS Purchasing and Supply Agency
  • replaced NHS Supplies in 2000
  •  
  • centrally funded
  •  
  • contract coverage 4 billion prior to outsoucing
    of NHS Logistics
  •  
  • aims to modernise the supply service to the NHS
    spread best practice undertake national
    contracting where appropriate
  •  
  • Centre for evidence based purchasing

9
Commercial Directorate 
  • Established 2003
  •  
  • remit to cover all DH expenditure 
  •  
  • Commercial Review
  •  
  • Supply Chain Excellence Programme -
  •      - national contracts project
  •      - collaborative procurement hubs
  •      - supply chain efficiency
  •      - redesign of PASA
  •      - target savings 500 million by March 2008

10
National contracts project
  • " Waves" of activity 
  •  
  • dedicated teams - PASA/ consultants
  •  
  • new/re-engineered contracts  
  •  
  • savings target of 250 million
  •  
  • emphasis on benefits tracking

11
PASA redesign
  • categories transferred to NHS Supply Chain post
    October 2006
  •  
  • remaining categories - pharmaceuticals,
    facilities
  • energy, telecoms,transport, agency services
    medical locums, nursing, temporary staff,
    medical maintenance 
  •  
  • less operational ,more enabling
  •  
  • support to cph's, data analysis, benefits
    tracking, policy, innovation

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NHS Procurement
  • Jonathan Wedgbury CEO
  • Healthcare Purchasing Consortium

14
Agenda
  • NHS
  • Levels of Purchasing
  • Key Priorities
  • HPCs Approach to Collaboration
  • Coverage
  • Funding
  • Future Plans

15
  • NHS

16
NHS structure and funding flows as at March 2007
Budget for 2007-8 92 billion of which 6
billion is Capital
Commissioning
National Standard Price Tariff (HRGs)
Non-tariff agreements
(22 billion of services)
PLURALITY OF PROVISION
148 X Trusts
Independent Sector Treatment Centres
Private sector Providers of services
52 X Foundation Trusts
1 of budget Private (10 of elective
procedures)
99 of budget Public
17
THE NHS The Facts
  • 1.33 million staff
  • 362 different organisations across England
  • NHS spending more than doubled since 1997 to
    86bn
  • Drugs bill 8bn
  • Medical device bill 6bn
  • Buyer of 17billion worth of goods services
    (6bn medical devices)

18
  • Levels of Purchasing

19
The changing procurement landscape for management
of NHS non-pay expenditure (17 billion)
Commercial Agency (from 1.10.07?)
2.16 Billion
Commercial Directorate
(including Centre for Evidence-based Purchasing)
NHS Supply Chain
Collaborative Procurement Hubs
South West CPH
London
1.6 Billion
South East Coast CPH
NHS Yorkshire and The Humber Commercial Procuremen
t Collaborative
To manage all 17 Billion in partnership with
PASA and NHS Supply Chain
Individual Trusts (Procurement Departments)
20
Supply Chain Excellence Programme 2005-2007
To deliver annualised savings of 500m by 2007/08
Collaborative Procurement Hubs
National Contracts Procurement
NHS consumables supply chain procurement service
  • Addressed regional NHS spend c. 11bn
  • Designed new purchasing model
  • Used pathfinder approach to test, prove and
    refine model for rollout
  • Addressed 4bn of national spend
  • Improved sourcing of national products through
    new national framework agreements
  • Tested whether the most effective supply chain
    and procurement service for the NHS can be
    achieved by partnering with the independent
    sector
  • Partner with DHL to form new NHS Supply Chain
  • Restructure to deliver more effective and
    strategic national procurement
  • Meet future objectives of SCEP and ALB Review
    recommendations

NHS Purchasing Supply Agency reorganisation
21
Collaborative Procurement Hubs
  • Deliver 270 million savings by 2007
  • Improved support for clinicians and clinical
    networks by increasing their involvement in
    purchasing
  • Reduced clinical risk and enhanced patient safety
    strategies
  • Stronger partnerships with suppliers through
    commitment to contracts and a focused route into
    the health economy
  • Encouragement for innovation and provision of
    support for RD in emerging treatments and
    technologies
  • Building a robust, sustainable environment for
    procurement specialists through improved career
    structure and enhanced recruitment and retention

22
CPH Roll Out programme 2005-2008
  • To have a hub available for every NHS Trust by
    March 2008
  • Now working towards 10 Hubs
  • 8 are passed business case stage and are either
    in mobilisation or advancing to maturity
  • Slower progress in North East and London

23
  • Key Priorities

24
Health and Service Priorities for 2007-8
  • Development priorities
  • Achieving a maximum wait of 18 weeks from GP
    referral to start of treatment
  • Reducing rates of MRSA and other Healthcare
    Acquired Infections
  • Reducing health inequalities and promoting health
    and well-being
  • Achieving financial health
  • Recovery action to improve mental health services
  • Local action in preparation for 2008/9 (Our
    Health, Our Care, Our Say)
  • Health reforms

25
in a changing world
Commissioning
ISTCs
PbR
Patient Choice
FTs
  • The changing structure of the NHS environment

26
  • HPCs Approach to Collaboration

27
  • HPC formed in 2001
  • 7 founder members
  • Turnover 2001/2 600,000 influenced spend 125
  • million
  • 63 members 2007/8
  • Turnover 12,000,000 influenced spend 2.4
    Billion

28
  • Arms Length Agency of University
  • Hospitals Coventry and Warwickshire
  • 63 Customers
  • 2.4 Billion managed revenue spend
  • 22 Primary Care Trusts
  • 23 Acute
  • 4 Mental Health
  • 9 Specialist
  • Private sector

29
  • The Key To Success
  • Work with me to develop a culture across your
    organisation which begins to view me as a
    commercial partner not a threat and someone who
    adds real value!

30
  • The Cost Down Theory
  • Collaboration reduces a suppliers cost to serve
    through a single contracting organisation, volume
    commitments and effective uptake management

31
  • The Risk Of Not Collaborating
  • Best value not achieved
  • Wide variation in performance
  • Best practice not shared
  • Benchmarking within UK and USA suggests benefits
    of
  • between 10-20
  • Must acknowledge there will be opportunities for
    some
  • trusts to improve on collaborative deals
  • Can we effectively implement new technologies
    without
  • effective collaborative networks

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  • Key Ingredients For Good Collaboration Within
    Trusts
  • Whats the trusts track record on collaboration
  • Do you have the full support of the board
  • Are the board prepared to make difficult
    clinical
  • decisions
  • Agree joint terms of reference
  • Implement a trust specific workplan

35
  • Understand the complex nature of the trust
  • Will your involvement be welcomed by the
  • professional procurement lead
  • Determine the strength of the procurement team
  • How will communication be managed
  • Ensure robust process in place to validate
    benefits
  • How will performance be managed and reported
  • Assess the quality of source data

36
Key Objectives 2007/8
  • Overall savings target of 28.1 million
  • Achieve target by customer
  • Ensure that all submitted savings are validated
  • Report uptake on contract volumes and take
    action against variances
  • Review non pay spend influenced by national and
    hub contracts
  • Major contribution to LPP
  • Deliver against turnaround projects
  • Service strategy in place for all customers
  • Provide web based performance data for all
    customers
  • Develop Supply Chain Business Unit
  • Strategy development of ADB

37
Key Objectives 2007/8
  • Identify opportunities for service development
    and new business with all
  • existing customers towards 12 million turnover
    for 2007/8
  • Complete a feasibility study for shared services
  • A balanced income and expenditure position with
    effective budget
  • delegation and monitoring
  • Further develop proposals for a revised charging
    mechanism
  • 5 year delivery strategy
  • Develop a business case exploring the options
    for future legal status
  • Develop consultancy business to exceed 1
    million turnover
  • Develop marketing, brand development and
    corporate literature
  • Develop staff retention and development strategy

38
  • Coverage

39
  • Purchasing of Goods Services
  • Support to Commissioners
  • Management of Local Purchasing Teams
  • Turnaround Projects
  • Supply Chain Management
  • Electronic Requisitioning / E Commerce
  • Electronic Catalogue Management
  • Capital / PFI Consultancy
  • General Commercial Advice

40
  • Funding

41
  • Currently block fee based on influenced
  • spend for core services
  • Additional charges for non core services
  • charged on a day rate basis
  • Looking at alternative funding models
  • including
  • Transaction Fees Supplier Trust
  • Performance based contracts with gain share on
  • both sides based on volume uptake

42
  • Future Plans

43
  • Opportunity to take advantage of the emerging
    commercial market in
  • healthcare provision.
  • Increasing competition from private sector
    procurement providers
  • over the next 18 months will require HPC to
    evolve a strong
  • commercial presence in NHS procurement in
    order to survive.
  • Developing strong supplier partnerships.
  • Leading on new technologies and innovation
    through our Clinical
  • Team.
  • Develop relationships with our customers that
    go beyond the
  • boundaries of traditional purchasing and
    supply.
  • Improve the financial health of our customers
    through improving
  • quality leading on innovation and reducing
    costs.
  • Influence circa 6bn of non-pay spend from
    public and private sector
  • companies.
  • Achieve annual turnover in excess of 30m
    within 5 years.

44
  • Create suitable reserves and working capital
    for the organisation to
  • operate as an independent entity
  • Create a competitive advantage, retaining
    customers through a
  • comprehensive services offering
  • Be the employer of choice for commercial
    solutions professionals in
  • the NHS
  • Introduce a charging mechanism which
    complements our workstream
  • activity
  • Build capacity within the organisation to
    develop the business in line
  • with the corporate strategy.

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  • Connecting To The Hub
  • HPC Procurement Directorate
  • Peter Wozywoda
  • Director of Purchasing
  • Healthcare Purchasing Consortium

47
  • Introduction Background
  • Staffing Structures
  • Target Areas
  • Deliverables
  • Consultation Processes
  • Summary Close

48
Structure of NHS Procurement
Commercial Agency (???)
Commercial Directorate
(including Centre for
Evidence
-
based Purchasing)
NHS Supply Chain
Collaborative Procurement Hubs
South West CPH
London?
South East Coast CPH
NHS Yorkshire and The Humber
Commercial
Procurement Collaborative
49
Transforming Government Procurement
Transforming Government Procurement
50
Value of The NHS Marketplace
51
Influenceable Spend
NHS Supply Chain 4.3bn
Influenceable 15.7bn
Not Influenceable 2.3bn
52
Purchasing Directorate A Performance Driven Team
Catalogue Coverage
Current Contract Portfolio Total Number of
Individual Line Items Total Contract Lines
499
34,900
70,364
Spend
1.3bn
500M
53
Purchasing Directorate A Performance Driven Team
54
HPC Savings Targets Achievement
55
Purchasing Directorate - Organisation Structure
Philosophy
56
Organisation Structure
57
Purchasing Directorate - Organisation Structure
Senior Team
PETER WOZYWODA Director of Purchasing
MARIANNE HADLEY Personal Assistant
WARREN SIMMS Associate Director of
Purchasing Medical Surgical
FIONA CHEW Associate Director of
Purchasing Corporate
KYM STILWELL Associate Director of Purchasing
Healthcare Contracting Services
FIONA GRIMSHAW Associate Director of
Purchasing North Central London
PETER GORDON Associate Director of Clinical
Networks Innovation
JAMES NAYLOR Associate Director of Information
Jenny Murray-Robertson Maternity Pending
Final Confirmation
58
Purchasing Roles
59
Defining The Roles Clinical Innovation
60
Ethos
  • The New HPC Procurement will
  • Strive to deliver continuing benefits to member
    trusts by becoming the leading procurement
    organisation within the NHS / Public Sector
  • Adopt a holistic category management approach to
    procurement by
  • Better integration with local operations teams
  • Enhancing the approach to Tactical Purchasing
  • Introducing a new Strategic Sourcing approach to
    key categories
  • Undertaking Service Re-design projects as an
    integral part of its activities to making
    procurement relevant to national NHS-wide
    initiatives
  • Re-define its core activities to provide an
    expanded complete commercial service offering to
    its members
  • Engage more strategically with the supplier base
    to enhance levels of inter-action and drive
    innovation
  • Develop the skill base of the team and adoption
    of best practice tools techniques

61
Strategic Purchasing
The Chartered Institute of Purchasing Supply
define it as satisfying business needs from
markets via the proactive and planned analysis of
supply markets and selection of suppliers with
the objective of delivering solutions to meet
pre-determined and agreed business needs
62
The Approach to Purchasing
Continued leveraging of benefit is getting
harder. To meet the expectations of our
customers, we need a new integrated approach to
procurement that adopts the right approach in the
right circumstance
Tactical Procurement General category work
undertaken by category that utilises a range of
techniques (tenders, rebates, discounts, etc) to
generate savings from category areas. Strategic
Sourcing Larger, more encompassing strategic
projects that drives to fully understand the cost
structure of key products and markets to leverage
greater benefit across the full breadth of the
supply chain. Undertaken by Category
Leads. Service Re-Design Activities that are not
restricted to specific categories, but range
across a specific service delivery that is
usually cross-functional and multi-categorised.
These involve more radical process re-engineering
skills and approaches, have a wider service and
quality impact, and measures benefits more
holistically than just cash-releasing.
Service
Strategic
Tactical Procurement
Sourcing
Re-Design
63
Contracting
64
Contracting
65
Contracting
66
Purchase Directorate Reporting Hierarchy
HPC Dashboard
HPC 4Q
Other HPC Departmental Reporting Formats
  • Region 4Q
  • W.M NCL

ROI Focus Report
  • ADB Trust Specific Reports
  • S0 - 01

ADB Project Specific Database
67
Saving Opportunity Report SO-1
68
4Q Document - Example
1
3
2
4
69
Action Plan
70
The Gateway Process
2
1
3
4
5
1
BASELINE
2
SELECT SOURCING STRATEGY
3
SELECT SUPPLIERS
4
IMPLEMENTATION
5
PERFORMANCE MANAGEMENT
6
MOBILISATION
  • Identify critical trusts and key stakeholders
  • Engage key stakeholders
  • Select appropriate OJEU procedure
  • Start to identify / understand current sourcing
    group baseline
  • Volumes
  • Pricing
  • Contracts
  • Policies
  • Specifications
  • Forecasts
  • Conduct supply market analysis
  • Market segmentation
  • Competitive situation
  • Suppliers
  • Assess current sourcing practices
  • Strategically segment the sourcing group
  • Business impact
  • Supply market complexity
  • Analyse alternative sourcing strategies
  • Select appropriate sourcing approaches and
    techniques
  • Calculate potential savings against established
    baseline
  • Generate potential supplier master list
  • Develop formal communication plan to inform
    suppliers of OJEU notice
  • Post high-level OJEU notice
  • Create Pre-Qualification Questionnaire (PQQ)
  • Issue PQQ to suppliers signed up in SID (Supplier
    Information Database)
  • Screen returned PQQs against developed evaluation
    criteria
  • Establish supplier short list
  • Completion of Baseline
  • Establish formal engagement strategy
  • Assess for e-auction or other tender route
  • Conduct pre-tender clarifications
  • Conduct ITT process utilising best practice frame
    agreement
  • Analyse supplier responses against developed
    evaluation criteria/weightings
  • Perform selection of supplier(s)
  • Finalise agreement
  • Create transition/ implementation plan
  • Begin internal hand-over process into trusts
  • Consider organisational implications and required
    changes
  • Create new processes and procedures
  • Monitor sourcing results
  • Identify supplier issues and carry out
    mitigation actions
  • Develop processes and procedures to track and
    measure savings and contract compliance
  • Develop processes and procedures (KPIs) to
    continuously benchmark supplier performance
  • Develop processes and procedures (KPIs) to
    monitor supply market conditions
  • Conduct on-going category management

71
The Gateway Process
  • The Gateway Process
  • Is an integral part of the Category Management
    approach
  • Is the tool used by HPC to develop in-depth and
    expert knowledge of selected markets in the
    Category Management approach
  • Is designed to ensure buy-in by Trusts
  • Ensures that the team use a process which is
    robust and clear internally within HPC, and
    externally for stakeholders
  • What does it look like?

72
The Gateway Process
1
  • Identify critical trusts and key stakeholders
  • Engage key stakeholders
  • Select appropriate OJEU procedure
  • Start to identify / understand current sourcing
    group baseline
  • Volumes
  • Pricing
  • Contracts
  • Policies
  • Specifications
  • Forecasts
  • Conduct supply market analysis
  • Market segmentation
  • Competitive situation
  • Suppliers

Stage 1 ends with Commitment Gate 1 Commitment
Gate 1 requires internal authorisation within HPC
to move to the next stage of the project
1
MOBILISATION
73
The Gateway Process
2
2
BASELINE
  • Generate potential supplier master list
  • Develop formal communication plan to inform
    suppliers of OJEU notice
  • Post high-level OJEU notice
  • Create Pre-Qualification Questionnaire (PQQ)
  • Issue PQQ to suppliers signed up in SID (Supplier
    Information Database)
  • Screen returned PQQs against developed evaluation
    criteria
  • Establish supplier short list
  • Completion of Baseline

Stage 2 ends with Commitment Gate 2 Commitment
Gate 2 signifies agreement by Trusts of the
Baseline information. This Commitment Gate
requires sign-off by stakeholders. Stakeholders
will be presented with detailed activity data in
respect of their Trust, and will be asked to
confirm that the data is correct. The data
included in the Baseline will be used in
development of an appropriate strategy and in
later savings calculations, and is therefore
essential
74
The Gateway Process
3
3
SELECT SOURCING STRATEGY
  • Assess current sourcing practices
  • Strategically segment the sourcing group
  • Business impact
  • Supply market complexity
  • Analyse alternative sourcing strategies
  • Select appropriate sourcing approaches and
    techniques
  • Calculate potential savings against established
    baseline

Stage 3 ends with Commitment Gate 3 Commitment
Gate 3 requires the selected sourcing strategy to
be authorised internally. Following internal
authorisation, the strategy document will be
presented to stakeholders with a recommendation
for external sign-off. Commitment Gate 3 is an
essential confirmation that stakeholders are
happy with the approach on the specified project.
75
The Gateway Process
4
  • Establish formal engagement strategy
  • Assess for e-auction or other tender route
  • Conduct pre-tender clarifications
  • Conduct ITT process utilising best practice frame
    agreement
  • Analyse supplier responses against developed
    evaluation criteria/weightings
  • Perform selection of supplier(s)
  • Finalise agreement

SELECT SUPPLIERS
4
Stage 4 ends with Commitment Gate 4 Commitment
Gate 4 asks the stakeholders to confirm that they
are happy for the contract to be awarded to the
recommended supplier
76
The Gateway Process
5
IMPLEMENTATION
  • Create transition/ implementation plan
  • Begin internal hand-over process into trusts
  • Consider organisational implications and required
    changes
  • Create new processes and procedures
  • Monitor sourcing results
  • Identify supplier issues and carry out
    mitigation actions

There is no Commitment Gate at Stage 5
77
The Gateway Process
5
6
  • Develop processes and procedures to track and
    measure savings and contract compliance
  • Develop processes and procedures (KPIs) to
    continuously benchmark supplier performance
  • Develop processes and procedures (KPIs) to
    monitor supply market conditions
  • Conduct on-going category management

PERFORMANCE MANAGEMENT
Stage 6 includes Commitment Gate 5 At Commitment
Gate 5, the savings achieved via the project are
confirmed in the ADB system and are emailed to
Trusts for sign-off and return
78
The Gateway Process
  • Is the Gateway Process used on all occasions?
  • Yes the same basic process will be followed for
    all projects
  • The only thing that will differ is the extent of
    detail at some of the stages
  • At the start of each project, it will be made
    clear to all Trusts exactly what they will be
    expected to sign-off, and at what point

79
Medical Team successes in 07/08
  •  
  • ICDs and Pacemakers West Midlands North
    Central London 1.2m savings
  •  
  • Pharmacy - Establishment of West Midlands
    Strategic Pharmacy Pharmacy Network Group,
    delivering Actual 2.6m forecast 3.5m
  • Pathology delivery a 1m savings across all sub
    categories
  •  
  • Orthotics Framework - innovative approach to this
    business aiming to streamline competitive
    processes and allowing optimisation of product
    costs
  •  
  • Intra Ocular Lenses - mini competitions in
    collaboration with NHSSC to achieve hub based
    savings
  • Orthopaedic Implants successful delivery of 1m
    savings across consortium.

80
Medical Team successes in 07/08
  •  
  •  
  • Cardiac Stents - Delivery of London Procurement
    Project West Midlands 1M
  • Hearing Aids - agreement of hub based pricing for
    HPC Trusts enhancing discounted national prices.
    saving circa 300,000pa (total amount claimed).
  • Establishment of Paediatric Procurement Network
    across West Midlands North Central London
  •  

81
Medical Team plans for 08/09
Categories to be delivered in 08/09 Cardiology
-Coronary Stents   Orthopaedics - Elective
Orthopaedic implants Orthopaedics Trauma and
Spines   Orthotics -Orthotic mini competitions
against framework   Pathology- Framework for
Chemistry Analysers Framework for Haematology
Analysers   Enteral Feeds West Midlands
Contract Procedure packs standardisation
rationalisation Infection Control Strategic
review of category
82
Corporate Team Successes
  • Successes in 07/08
  • Allied Health Professionals development of a
    Master Vendor Agreement to significantly reduce
    admin related to agency bookings.
  • Leasing Advisors framework awarded to include
    reviews of lease portfolios and ongoing lease
    advice
  • Laundry Services significant costs reductions
    realised via outsourcing of traditional in-house
    laundries
  • Legal Services framework awarded to cover 9
    areas of law on a rate card basis. Further
    developments planned for menu based pricing
  • Document Production award of framework for a
    fully managed document production service due Nov
    07
  • SMS replacement of patient reminder letters
    operational in one major acute Trust. Roll-out
    imminent

83
Corporate Team plans for 08/09
  • Plans for 08/09
  • IT hardware e-auction in conjunction with the OGC
    live for April 08
  • Direct mail solution to deliver cost savings on
    patient appointment letters and other printed
    matter
  • Voice recognition technology to take costs out of
    resource-intensive transcription
  • Document storage framework encompassing options
    for simple off-site storage through to integrated
    scanning solutions
  • Integrated frameworks for clinical, domestic and
    recyclable waste streams
  • Patient Transport contract for West Midlands
    South to encompass eligibility criteria

84
Commercial Team successes in 07/08
  • UCLH Turnaround Project - 4m savings across
    trust
  • UHNS Turnaround Project - 1.5M savings
  • Divisional Teams Shropshire and Staffordshire -
    delivery of 900k savings, contract coverage of
    83
  • Introduction of full 4Q reporting system to allow
    management of performance and monitor savings
    delivery of 27m across West Midlands North
    Central London

85
Sustainable Procurement
86
Sustainable Procurement
87
  • THE FUTURE
  • Continue To Be At The Heart Of HPC
  • Continue To Focus On Delivery
  • Migrate From Purchasing To Commercial
    Directorate
  • Broaden The Service Offering From The Function
  • Continue To Be Relevant To Trusts Agendas
  • Be Recognised As Adding Value And Not Just
    Savings
  • Develop And Enhance The Skills Of The Team
  • Better Exploit Technology
  • Engage More Strategically With The Market

88
Advantage West Midlands - Exercise
Questions / Discussions
89
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90
The Tendering Process
  • Tendering for Public Contracts is
  • Bureaucratic
  • Process driven to ensure probity and an audit
    trail.
  • 2. Legalistic
  • Driven by EU Directives and UK Regulations
  • 3. Slow
  • Up to 9 months not unusual
  • 4. Dangerous
  • Risky to Buyers and Suppliers
  • 5. Flawed
  • Aimed at promoting competition and procedural
    conformity not necessarily Value for Money

91
Legislation
  • Government Procurement Agreement (World Trade
    Organisation)
  • Treaty of Amsterdam (EU Treaty)
  • EU Directives 2004/18/EC (Public) and 2004/17/EC
    (Utilities)
  • European Court of Justice
  • UK and Scottish Regulations

92
Legislation
  • EU Procurement Legislation
  • Public Contract Directive 2004/18/EC
  • Utilities Contract Directive 2004/17/EC
  • UK Legislation
  • Public Contracts Regulations 2006 (Statutory
    Instrument 2006 No 5)
  • Public Contracts Regulations (Scotland) 2006 (SI
    2006 No 1)
  • Utilities Contracts Regulations 2006 (SI 2006 No
    6)
  • Utilities Contracts Regulations (Scotland) 2006
    (SI 2006 No 2)

93
EU Thresholds
94
  • Background
  • For the first time, all UK businesses will have
    access to public sector lower value procurement
    notices under 100,000 in the one place. The new
    Portal will enable all suppliers to
  • Browse a database of public procurement contracts
    by product, service and by region
  • Access a named contact for each advertised
    contract
  • Publish their business profile online which can
    be accessed by all public sector buyers
  • Register interest in particular categories of
    business and then receive e-mail alerts when
    those relevant opportunities are advertised.

95
  • Benefits
  • The new portal will help buyers through
  • Ability to advertised both local, regional and
    National low value tenders
  • Better value for money through use of local
    supply chains
  • More competitive tendering for low value gt100k
    contracts
  • Review standardised PQQ for equal treatment

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EU Procedures
  • Open (any undertaking may tender)
  • Restricted (any undertaking can apply to be
    selected to be invited to tender)
  • Negotiated with a call for competition and
    competitive dialogue (any undertaking can
    apply to be selected to participate)
  • Accelerated restricted/negotiated
    (for
    use only in exceptional circumstances of urgency
    not of the contracting authoritys making)

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PIN Notices
  • For supplies and services, a PIN is required to
    be issued as soon as possible after the start of
    the financial year for each category of potential
    purchases expected to exceed 750,000 (513,166)
    in that financial year, where a contracting
    authority intends to seek a reduction in the
    tender timescale.
  • For works above the normal threshold, the PIN
    notice must be sent to the Commission or
    published on the authoritys Buyer Profile as
    soon as possible after the decision approving the
    planning of the works, where a contracting
    authority intends to seek a reduction in the
    tender timescale.
  • If this is done the deadline for receipt of
    tenders can be reduced to 36 days in general, if
    necessary.
  • Alternatively a contracting authority may publish
    a Buyer Profile notice and publish the full PIN
    on their own Buyer Profile site.

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Buyer Profile (Living PIN)
  • A contracting authoritys Buyer Profile should
    include
  • What we buy how we buy information
  • Prior Information Notices
  • Information on ongoing invitations to tender,
    scheduled purchases, contracts concluded,
    procedures cancelled.
  • Useful general information, such as a contact
    point, a telephone and a fax number, a postal
    address and an email address.

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Buyer Profile Websites
  • Dept. Culture, Media Sport http//dcms.g2b.info
  • Scottish Ambulance http//www.scottishambulance.g2
    b.info/
  • London Borough Barnet http//barnet.g2b.info/
  • OFGEM http//ofgem.g2b.info/
  • ESPO http//www.espo.org
  • OJS http//ted.europa.eu/
  • EC law and case-law http//europa.eu.int/eur-lex/
    en/
  • BiP Solutions Ltd http//www.bipsolutions.com

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EU Timescales
  • Procedure Process Min Timescale
  • Open Tender 52 days (36 days if PIN)
  • Restricted Expression of Interest 37 days
  • Tender 40 days (36 days if PIN)
  • Restricted Accelerated Expression of Interest 15
    days
  • Tender 10 days
  • Negotiated Expression of Interest 37 days
  • Negotiated Accelerated Expression of Interest 15
    days
  • Competitive Dialogue Expression of Interest 37
    days

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EU Timescales
  • Expressions of Interest timescales and Tenders in
    the Open Procedure may be reduced by a further 7
    days (5 days accelerated) where contract notices
    have been sent by XML to the OJEU
  • Tender timescales may be reduced by a further 5
    days, excluding accelerated notices, where full
    and unrestricted access to contract documents is
    provided.

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Minimum Timescales
Open procedure 12 days 40 days 52 days
(36 days following full PIN/Buyer Profile
notice) - 7 days for electronic
notice - 5 days for contract
documents on internet Minimum 40 days
from dispatch of contract notice (24 days
following full PIN/Buyer Profile notice)
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Minimum Timescales
Selective procedures (restricted, negotiated,
comp. dialogue) Requests to Participate 37 days
from dispatch of notice (15 days if accelerated)
- 7 days for electronic notice (
-5 days if accelerated) 30 days
from dispatch of notice (net 10 days if
accelerated) Tenders in restricted procedures
40 days from ITT (10 days if
accelerated, 36 days following a PIN/Buyer
Profile notice) - 5 days if contract
documents on internet 35 days from ITT
(10 days if accelerated, 31 days following a
PIN/Buyer Profile notice)
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Supplier Lists
  • Why Use Accessible information on potential
    suppliers of all sizes. Saves time in identifying
    potential tenderers
  • Why Not Information held quickly out of date,
    expensive to manage, difficult to update cannot
    be used as a sole source for high-value (OJEU)
    tenders
  • Solution Electronic supplier information
    database, where the data is updated by the
    supplier

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Electronic Supplier Lists
  • Available online
  • Create bespoke lists
  • Create tender response lists
  • Identify potential suppliers
  • Data input and management is down to supplier.
  • Suppliers required to update at regular intervals.

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  •  

Select Accredit
A New National Supplier Pre-Qualification
Service BiP Select lets a supplier, or potential
supplier to the public sector, choose the
pre-qualification route that suits you. Whether
you decide to Certify or Accredit your
organisation, your details will be made available
to all BiP Select and Constructionline registered
buyers. BiP Select gives the supplier, two
options for pre-qualification Select Certify
Self-certify by completing online
questionnaire Select Accredit Apply for third
party accreditation.
Assessment conducted by Capita, expert providers
of the BERR backed
Constructionline service,
and to the same
exacting standards.
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Select Accredit
  • Select Accredit Pre-Qualification Service
  • Supplier Benefits
  • Increased visibility to all BiP Select and
    Constructionline buyers (Over 8000)
  • Option of Certify which is free of charge
  • Increased credibility
  • Recognition as an accredited supplier to the
    public sector
  • Ability to see when buyers have viewed your
    details
  • Improved efficiency through a single annual
    assessment for all tenders to buyers that are
    using Select Accredit
  • No duplication of pre-qualification information
    leading to reduced administration
  • A full debrief is given if application is
    unsuccessful

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Competitive Dialogue
  • Definition
  • Competitive Dialogue is a procedure in which
    any economic operator may request to participate
    and whereby the contracting authority conducts a
    dialogue with the candidates admitted to the
    procedure, with the aim of developing one or more
    suitable alternatives capable of meeting its
    requirements, and on the basis of which the
    chosen candidates are invited to tender

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Competitive Dialogue
  • New procedure where the award criterion is most
    economically advantageous tender
  • For use for particularly complex contracts
  • where an authority considers that the open or
    restricted procedure will not allow the award of
    the contract
  • based on its inability to define the technical,
    financial or contractual solutions to meet its
    needs

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Framework Agreements
  • Definition
  • A framework agreement is an agreement between
    one or more contracting authorities and one or
    more economic operators, the purpose of which is
    to establish the terms governing contracts to be
    awarded during a given period, in particular with
    regard to price and, where appropriate, the
    quantity envisaged.

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Framework Agreements
  • Framework agreements are used, in the case of
    repetitive purchases, to choose certain economic
    operators who, when the time comes, will be able
    to meet the purchaser's needs.
  • Contrary to the wildly held belief, Framework
    agreement between the contracting authority and
    suppliers do not, at present, exempt the
    contracting authority from the obligation to
    comply with the procedures, as per the Directive,
    for each contract awarded.
  • The UK and Scottish regulations make allowance
    for the use of such agreements but only subject
    to strict rules and procedures.

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Framework Agreements
  • For every contract to be awarded, the contracting
    authority should, in writing, invite all the
    undertakings capable of meeting the specific
    requirement to complete their tenders for it.
  • The contracting authority must fix a time limit
    for tenders which is sufficiently long, taking
    into account factors such as the complexity of
    the subject of the contract and the time needed
    to send in tenders.
  • The tenders must be submitted in writing and
    their content must remain confidential until the
    deadline for replies has expired.
  • The contracting authority must award the contract
    to the tenderer who has submitted the best tender
    on the basis of the award criteria set out in the
    framework agreement.
  • In each case in writing will include by
    electronic means.
  • An auction can be held.

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Electronic Process
  • Electronic means are put on a par with
    traditional means of communication and
    information exchange.
  • As far as possible, the means and technology
    chosen should be compatible with the technologies
    used in other Member States.
  • Contracting authorities may make use of
    electronic purchasing techniques, providing such
    use complies
  • with the rules drawn up under this Directive and
  • the principles of equal treatment,
    non-discrimination and transparency.

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e-Auctions
  • Definition
  • An electronic auction is a repetitive process
    involving an electronic device for the
    presentation of new prices, revised downwards,
    and/or new values concerning certain elements of
    tenders, which occurs, after an initial full
    evaluation of the tenders, enabling them to be
    ranked using automatic evaluation methods.

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Electronic Auctions
Open or restricted procedures stating use of an
auction
-








Open, restricted or competitive dialogue
procedures have been implemented but cannot be
brought to a satisfactory conclusion and the
negotiated route with a contract notice is adopted




Circumstances when an electronic auction may be
used




-
Mini competition within a framework if e-auctions
were stated in the contract notice

Competition for contracts to be awarded through a
dynamic purchasing system if stated in the
contract notice.
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Electronic Auctions
Expressions of interest invited in accordance
with the selected procedure. Contract notice
states that an electronic auction will be used
Contract awarded on lowest price or most
economically advantageous offer as stated in the
contract notice or specifications. In the case of
the latter, quality features of the tender,
where included in the auction phase, must be
capable of being expressed as a single value
within the assessment formula. The initial
evaluation is combined with changes to values
subject to auction to identify the winning bid
-









Full initial evaluation of tenders using the
award criteria specified in the contract notice
or tender documents. Admissible bids proceed to
the auction phase.



Using an electronic auction




-
Invitations to participate, communicated
electronically, include the initial evaluation
(if based on MEAT), the assessment formula,
details of process and conditions of bidding
Close the auction at the time and date specified,
when prices/values submitted do not meet minimum
difference criteria or when specified phases are
complete

Conduct the auction
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Dynamic Purchasing Systems
  • Definition
  • A dynamic purchasing system is a completely
    electronic process for making commonly used
    purchases, the characteristics of which, as
    generally available on the market, meet the
    requirements of the contracting authority, which
    is limited in duration and open throughout its
    validity to any economic operator which satisfies
    the selection criteria and has submitted an
    indicative tender that complies with the
    specification

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Dynamic Purchasing Systems
Publish a further simplified notice advertising
the requirement
The open procedure must be used and the system
must be advertised in the Official Journal
through a contract notice providing the web site
at which tender documents may be consulted
-








Give 15 days for responses to be submitted



When a specific requirement arises for the
products covered by the system, the purchaser
must conduct the following process

Invite final tenders from all admitted suppliers
once any new suppliers responding to the
simplified notice have also been evaluated

Suppliers may at any time during the systems
operation submit Indicative Bids for the
product or service required and may be admitted
to the system or not on the basis of this
submission. Bids must usually be assessed within
15 days.


-
Award must be based on the criteria stated in the
contract notice which may be refined for the
specific bid (call off)
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THANK YOUFOR ATTENDING
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