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					     Dental Access Programme




NHS LEICESTER CITY PRIMARY DENTAL
   CARE PROCUREMENT SCHEME




     Memorandum of Information (MOI)


           14 September 2009 – Version 1
                                                Table of Contents

1     PURPOSE, STRUCTURE AND NEXT STEPS FOR BIDDERS ...................... 3
1.1         Purpose of this document .................................................................................................. 3
1.2         Organisation of this document ........................................................................................... 3
1.3         Next Steps for Bidders ....................................................................................................... 4
2     INTRODUCTION AND OVERVIEW ................................................................ 5
2.1         Background and Context to Dental Access Programme ................................................... 5
2.2         Objectives of the PCT Procurement .................................................................................. 5
2.3         Scope of Services .............................................................................................................. 5
2.4         Bidder Pool ......................................................................................................................... 6
2.5         Critical Success Factors (CSFs) ........................................................................................ 6
3     COMMISSIONING PCT ................................................................................... 7
3.1         Commissioning PCT .......................................................................................................... 7
3.2         PCT Scheme(s).................................................................................................................. 7
4     PROCUREMENT PROCESS – OVERVIEW ................................................. 12
4.1         Procurement Timeline ...... Error! Bookmark not defined.Error! Bookmark not defined.
4.2         Advert, MOI & EOI ........................................................................................................... 12
4.3         Bidder Information Event.................................................................................................. 13
4.4         Pre-Qualification Questionnaire (PQQ) ............................................................................ 13
4.5         Invitation to Tender (ITT).................................................................................................. 14
4.6         Contract Award ................................................................................................................ 14
4.7         Service Commencement .................................................................................................. 14
5     COMMERCIAL FRAMEWORK ..................................................................... 15
5.1         Agreement ........................................................................................................................ 15
5.2         Agreement Duration ......................................................................................................... 15
5.3         Clinical .............................................................................................................................. 15
5.4         Workforce ......................................................................................................................... 15
5.5         Training ............................................................................................................................ 16
5.6         Premises, Facilities Management & Equipment .............................................................. 16
5.7         IM&T ................................................................................................................................. 17
5.8         Payment Mechanism ........................................................................................................ 17
5.9         Financial Standing ............................................................................................................ 17
5.10        Performance Security....................................................................................................... 18
5.11        Insurance ......................................................................................................................... 18
6     GOVERNANCE AND ADMINISTRATION .................................................... 19
6.1         Requirements ................................................................................................................... 19
7     GLOSSARY OF TERMS AND ABBREVIATIONS ........................................ 23
8     ANNEX .......................................................................................................... 25
Annex A – NHS Leicester City Scheme Description ..................................................................... 25
Annex B – Format for Submitting an Expression of Interest .......................................................... 26




                                                                                                                                                    2
1      PURPOSE, STRUCTURE AND NEXT STEPS FOR BIDDERS

1.1   Purpose of this document
       This Memorandum of Information (MOI) provides an overview of the NHS
       Leicester City Procurement of NHS primary dental care and details of the:

               Procurement and its objectives;
               The Primary Care Trust (PCT) 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
       on the NHS Leicester City Procurement to enable them to:

               make an informed decision about whether they wish to participate; and
               submit an Expression of Interest (EOI).

1.2   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
                      Detailing the background and objectives for the NHS Leicester City
                      Procurement, the scope of services to be procured and the factors
                      critical to the success of NHS Leicester City Procurement.

       Section 3:     Commissioning PCT
                      Details of the Commissioning PCT.

       Section 4:     Procurement Process Overview
                      Detailing the steps involved in the NHS Leicester City Procurement.

       Section 5:     Commercial Framework
                      Detailing the key commercial terms and other legal and contractual
                      arrangements for the NHS Leicester City Procurement.

       Section 6:     Governance and Administration
                      Detailing key governance and administration requirements of NHS
                      Leicester City Procurement.

       Section 7:     Glossary of Terms and Abbreviations
                      Providing a glossary of the terms used in the MOI.



                                                                                        3
       Annexes:      Annex A
                     Detailing specific summary information for the PCT Scheme.

                     Annex B
                     Template to be used by potential Bidders for submitting an EOI.

1.3   Next Steps for Potential Bidders
       Potential Bidders wishing to participate in the NHS Leicester City Procurement
       must submit an EOI, in the standard format detailed in Annex B, by email to
       chris.horrocks@resource-cph.nhs.uk

       Alternatively, if you do not have access to email then your expression of interest
       (Annex B) can be sent to the following address:

       Chris Horrocks
       Dental Access Procurement EOI
       NHS Leicester City
       30 East Street
       Leicester
       LE1 6NB



       EOIs should arrive before 5.00 pm on 2 October 2009.

       NHS Leicester City reserves the right (at its sole discretion) not to consider any
       EOI submission received after the deadline.




                                                                                       4
2        INTRODUCTION AND OVERVIEW

2.1     Background and Context to Dental Access Programme

         The 2009/10 NHS Operating Framework identifies improving access to NHS
         dentistry as a national priority, and directs PCTs to commission services with the
         aim of securing access for all who seek it. All ten Strategic Health Authorities have
         set themselves the aim of achieving this by March 2011 at the latest, and this is
         reflected in the NHS Constitution Handbook.

         NHS Leicester City will undertake a fair, open and transparent procurement
         process as part of it’s commitment to achieve access to NHS dentistry services for
         all those who are actively seeking it. NHS Leicester City Procurement process will
         be supported by the DH’s Dental Access Programme PCT Procurement
         Framework – which provides template procurement and contract documentation,
         commercial guidance and technical support.           Potential Bidders are also
         recommended to familiarise themselves with the Dental Access Programme PCT
         Procurement Framework for a further understanding of background information,
         process and template contract requirements1.


2.2     Objectives of NHS Leicester City Procurement

         The key objectives of NHS Leicester City Procurement are:

                  To provide patients with greater access to NHS primary dental care
                   services through additional capacity;
                  To improve the quality of primary dental care available to patients; and
                  To deliver affordable and Value for Money (VfM) NHS primary dental care
                   services
                  Improve the Oral Health of Local Population
                  Delivery of services by a skilled workforce with continued training and
                   development
                   Improved Patient and Public Involvement through effective
                   communication
                  Ensure continued care for patients by strengthening relationships
                   between patients and their dentists

2.3     Scope of Services
         The scope of primary dental care services to be commissioned through NHS
         Leicester City Procurement has been developed by the PCT in conjunction with
         the Strategic Health Authority (SHA) based on the needs of the local community.

         The NHS primary dental care services required for NHS Leicester City Scheme
         are detailed in Annex A of this MOI.



1
    www.dentalaccess.nhs.uk

                                                                                            5
       The new Dental Contract will be used for all the contracts awarded via
       the tender.   Each scheme will have different Key Performance
       Indicators which will be changed over the life of the contract.
       Appendix A quotes essential requirements for each tender.

2.4   Bidder Pool
       NHS Leicester City wishes to receive responses to the Pre-
       Qualification Questionnaire (PQQ) from suitably qualified and experienced primary
       dental care 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
       range of primary dental care services as set out in Annex A, in a safe and effective
       manner and to meet the requirements of paragraph 2.5 below. Potential Bidders
       must be eligible to enter into a PDS Agreement. Potential Bidders may bid in
       conjunction with other organisations provided that the contracting body is eligible
       to enter into a PDS Agreement. Similarly, the Clinical Services Supplier may be a
       different person / organisation to the potential Bidder, subject to compliance with
       the terms as to clinical sub-contracting contained within the Agreement and any
       requirements as to the sub-contracting of clinical services specified in the PDS
       Regulations.

2.5   Critical Success Factors (CSFs)
       NHS Leicester City requires the Provider to meet the following CSFs throughout
       the life of the Agreement:

               Access – The services procured must be provided in locations and
                facilities that meet local patient access preferences (e.g. opening hours).
               Capacity – The aim of NHS Leicester City Procurement is to provide
                additional new NHS primary dental care capacity in identified location(s).
               Quality – Services must be patient-centred, effective and delivered in a
                safe manner.
               Value for Money (VfM) and Affordable – The primary dental care services
                procured through the NHS Leicester City Procurement must be affordable
                and provide VfM.




                                                                                         6
3       COMMISSIONING PCT

3.1    Commissioning PCT
        The Commissioning PCT and relevant SHA for this procurement are:


                  SHA                        Commissioning PCT
                  East Midlands SHA           NHS Leicester City

                                  Table 1: Commissioning PCT




3.2    PCT Scheme(s)
        Bids are being sought for the following PCT Scheme(s):


      PCT
                     Services Included                                 Detailed in
      Scheme(s)




                                                                                     7
PCT
               Services Included                                      Detailed in
Scheme(s)



                     Beaumont Leys ward presently has a
                      population of 15,500 patients with access
                      available for NHS dentistry within the ward
                      for 2,800 patients of these the most current
                      dental activity is band 2/3 work indicating
                      poor oral health. The area has a high level
                      of deprivation and would benefit from and
                      an increase in NHS dentistry.
                      Key Performance Indicators That will be
                      used to measure performance of this
                      contract include.
                     The numbers of dental sessions available
                      and the number of appointments made
                      available.
                     % of patients receiving care in a 12 month
                      period
                     Recalled attendances over the life of the
                      contract
                     Health promotion
                     Clinical effectiveness
                     Patients satisfaction
                     This proposal is to provide a dental practice
                      within the Beaumont ward for 2 dentists
                      working full time, opening hours to meet the
                      needs of the patients including late night
                      opening, weekend and early starts.
                      Providing access to patients who have
                      previously found barriers to accessing
                      dental, the practice will be expected to see
                      a minimum of 5,000 new patients,
EMCPH-09-101
                  o   The Castle ward ( Bowling Green Street )
                      of the city has a population of 17,243 , for
                      this population 34% presently have access
                      to NHS dentistry. The PCT has recently
                      invested in a multi functional primary care
                      building which has the facility for a new
                      dental practice.
                     Tenders are invited to provide a dental Annex A
                      practice within the Bowling Green Centre
                      for 2 dentists working full time, opening
                      hours to meet the needs of the patients
                      including late night opening, weekend and
                      early starts. Providing access to patients
                      who have previously found barriers to
                      accessing dental services, the practice will
                      be expected to see a minimum of 5,000
                      new patients,




                                                                                    8
PCT
            Services Included                                      Detailed in
Scheme(s)




                  Key Performance Indicators will be used to
                   measure performance of this contract
                   include.
                  The numbers of dental sessions available
                   and the number of appointments made
                   available.
                  % of patients receiving care in a 12 month
                   period
                  Recalled attendances over the life of the
                   contract
                  Health promotion
                  Clinical effectiveness
                  Patients satisfaction

               o   Intermediate care dentistry in the Castle
                   ward of the city
               o   This area has a population of 17,243 , for
                   this population 34% presently have access
                   to NHS dentistry. The PCT recognise that a
                   hidden population of people also live within
                   this area with 4000 people recognised as
                   being displaced and having no fixed abode
               o   Tenders are invited to provide intensive
                   support to patients who have had little or no
                   access to dentistry and who are
                   experiencing very poor oral health, the
                   practices will be required to provide
                   intensive courses of dental treatment, and
                   be a source of referral to other services
                   such has alcohol advice social services.
                   Once patients reach a level where the oral
                   health can be self managed they can be
                   referring into general dentistry
               o   The performance indicators relating to this
                   contract will commence with
               o   Number of appointments made available
               o   % of urgent appointments made available
               o   Antibiotic prescribing
               o   Tooth decay assessments
               o   Periodontal assessments
               o   Oral health assessments
               o   Health promotion
               o   Clinical efficiency
               o   Patients surveys




                                                                                 9
PCT
            Services Included                                  Detailed in
Scheme(s)




            A Dental contract to offer various lots
            across the most deprived wards of the City
                      Pitched at, although not restricted to
                      existing providers working in the
                      areas of high access need, the
                      contractors will offer on-going dental
                      care to patients including those
                      referred by the intermediate care
                      provider and will include:
                      New dental sessions in:
                          New Parks ward (6 sessions)
                           Knighton ward (6 sessions)
                           Tenders for the provision of
                             services in other deprived
                             wards across the city will be
                             looked at as part of the
                             tendering              process.
                             Applications not to exceed 4
                             sessions.     The PCT have
                             identified      areas      with
                             insufficient dentistry in the
                             Westcotes and Humberstone
                             and Hamilton Wards where
                             there is a high need of oral
                             health.
                       An additional 4,600 new patients are
                       expected to be treated under these
                       proposals.




                                                                             10
 Note: Bidders may bid for one or more of the schemes and are required to list them
 in order of preference. The PCT will not award more than 3 lots to any one bidder in
the recurrent scheme of the procurement. Bids can be bid for part or whole schemes
                                  or individual lots.




                                                                                  11
4           PROCUREMENT PROCESS – OVERVIEW

            NHS Leicester City Procurement timeline


                                   Milestones                                     Date

      Advert published and Expressions of Interest invited                     15 Sept 2009

      MOI Published (web based)                                           15 Sept 2009

      Deadline for receipt of Expressions of Interest                          2 Oct 2009

      Bidder Information Day                                              29 Sept 2009

      PQQ issued to Potential Bidders who have expressed an EOI                7 Oct 2009
      Deadline for receipt of Potential Bidder clarification questions     21 Oct 2009

      Deadline for receipt of PQQ submissions                                  6 Nov 2009

      Completion of PQQ evaluation and communication of result             16 Nov – 20
                                                                             Nov 09
      Invitation to Tender (ITT) issued to Bidders                              3 Dec 09

       nd
      2 Bidder Event (New Contract & KPIs)                                        TBC

      Deadline for receipt of ITT bids                                         4 Jan 10
                                                                          st
      Evaluation of ITT                                                  1 Feb -5 Feb

      Interviews                                                         15 Feb – 19 Feb



            The above dates are provisional and may be subject to change.

            Each milestone from the above table is explained in further detail below. Further
            details on the timeline for the ITT stage will be detailed in NHS Leicester City
            Scheme ITT, to be provided as above.

4.1     Advert, MOI & EOI

4.1.1       Advert
            Adverts have been placed in the OJEU and on Supply2Health 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 paragraph 4.1.3.

4.1.2       Memorandum of Information



                                                                                              12
         This MOI provides details of NHS Leicester City Procurement.
         This MOI should provide potential Bidders with sufficient information on NHS
         Leicester City Procurement to enable them to make an informed decision about
         whether they wish to register their interest in the Procurement.
         Potential Bidders must register their interest by submitting an EOI in accordance
         with the requirements of paragraph 4.1.3.

4.1.3    Expression of Interest (EOI)
         Potential Bidders wishing to participate in NHS Leicester City Procurement must
         submit an EOI, in the format set out in Annex B, by email to
         chris.horrocks@resource-cph.nhs.uk

         EOIs should arrive before 5.00pm on 2 October 2009.

         NHS Leicester City reserves the right (at its sole discretion) not to consider any
         EOI submission received after the deadline.

4.2     Bidder Information Event
         To ensure all potential Bidders are given an equal opportunity to fully understand
         the requirements of the NHS Leicester City Procurement, the PCT intends to hold
         a Bidder Information Event on 29 September 2009 at the Peepul Centre,
         Orchardson Avenue, Leicester, LE4 6DP. The Bidder Information Event will aim to
         inform all potential Bidders of the procurement principles, processes and next
         steps.

         Potential Bidders wishing to participate in the NHS Leicester City Procurement and
         attend the Bidder Information Event should indicate their intention to attend on the
         relevant part of the EOI response template (Annex B).

         The Bidder Information Event will involve 2 sessions one in the morning and
         another in the afternoon, and Bidders should contact Ben Collins
         (ben.collins@leicestercity.nhs.uk ) to advise who will be attending and which
         session.

4.3     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 the primary dental care
         services which are the subject of NHS Leicester City 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.

         The PQQ will be issued, by email, on 7 October 2009 to all potential Bidders who
         submitted an EOI by the deadline. All potential Bidders wishing to bid for NHS
         Leicester City Scheme must respond to the PQQ before the deadline stated in the
         PQQ. NHS Leicester City reserves the right not to consider any PQQ submission
         received after that deadline.

                                                                                          13
       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.

4.4   Invitation to Tender (ITT)
       Bidders invited to proceed to the ITT stage for NHS Leicester City Scheme will be
       issued with an NHS Leicester City Scheme ITT.

       The detailed requirements for NHS Leicester City Procurement, the information
       required from Bidders and the timescales for submission of bids will be included in
       the ITT.

       The PCT will provide a further bidder day for those invited to tender at this stage to
       clearly explain the workings of the new contract and to answer any further
       questions.

       Further details of the ITT process and evaluation will be set out in the NHS
       Leicester City Scheme ITT.

4.5   Contract Award
       Based on the outcome of the NHS Leicester City Scheme ITT evaluation,
       recommendations will be made to NHS Leicester City Board for the Board to
       consider. Following PCT Board approvals, the PCT and the Preferred Bidder may
       enter into the Agreement.

4.6   Service Commencement
       Following contract award and in accordance with the Provider’s mobilisation plan,
       NHS Leicester City and the Provider will work together towards service
       commencement at the contractually agreed date.




                                                                                          14
5        COMMERCIAL FRAMEWORK
         Potential Bidders’ attention is drawn to the following commercial information:

5.1     Agreement
         The Agreement to be entered into by NHS Leicester City and the selected
         Provider(s) for the NHS Leicester City Scheme will be based on a Personal Dental
         Services (PDS) Agreement and will comply with the requirements of the PDS
         Regulations and Statement of Financial Entitlements (SFE).           Within this
         framework, a PDS Agreement has been adapted, as necessary, to reflect the
         requirements of the NHS Leicester City Scheme.
         The PDS contract will be the new pilot tender once agreed with the BDA,
         comprehensive information will be made at the ITT stage.

         Each Agreement will be separate to and independent of any existing contract
         currently in place between a Provider and NHS Leicester City.

5.2     Agreement Duration
         The Agreement will be for a term of five years.

5.3     Clinical
         NHS Leicester City is looking for 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 deliver high quality, patient-centred and VfM primary dental care services,
         in a safe and effective manner.

5.4     Workforce

5.4.1    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 (without limitation)
         information on the following:
               Recruitment, Health & Safety and other relevant policies including those
                  on environmental protection;
               Procedures for ensuring compliance that all clinical staff, including
                  dentists, nurses and allied health professionals, are registered with the
                  relevant UK professional and regulatory bodies;
               Policy for ensuring clinical staff meet the CPD requirements of their
                  professional and regulatory bodies; and
               Staff handbook setting out terms and conditions of employment for staff.



                                                                                          15
5.4.2      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.

5.4.3      Staff Transfers (TUPE)
           The NHS Leicester City Procurement focuses on access and capacity issues
           through procuring additional primary dental care services. In providing better
           access and additional capacity, it is expected that Bidders will identify in their bids
           the need to employ additional staff to deliver the services. However, some patient
           transfers from existing providers to new providers may occur and where this
           involves significant patient numbers representing a material proportion of an
           undertaking, there may be staff transfers under TUPE.

           Where TUPE applies, the Code of Practice on Workforce Matters in Public Sector
           Service Contracts Guidance (Cabinet Office, March 2005)2 will apply.

5.5      Training
           The Provider(s) must, be prepared to provide and / or accommodate, training
           teaching and education for vocational trainees and other Dental Care
           Professionals allied to the practice. The Provider(s) will be required to comply with
           the requirements of the Local Postgraduate Dental Deanery, Committee of
           Postgraduate Deans and Directors (COPDEND), higher education training
           providers and the Care Quality Commission (as applicable), and any other relevant
           training bodies, for the supervision of clinical training.

           Providers will be expected (if required by NHS Leicester City) to commit to
           applying for accreditation for training status.

5.6      Premises, Facilities Management & Equipment

5.6.1      Premises

           Bidders will be required to propose their own premises solution unless applying
           for the Bowling Green tender applicants will need to negotiate rental
           agreements etc. Further details on such proposals and / or requirements for the
           NHS Leicester City Scheme will be set out in the NHS Leicester City Scheme ITT.

           The Provider will be expected to fund rent, rates, utility and insurance costs for the
           premises solution. The exact mechanics of the payment mechanism will be
           detailed in the NHS Leicester City Scheme ITT.

5.6.2      Facilities Management Services
           Providers will be expected to fund FM Services costs except where FM Services at
           a PCT mandated property are provided as part of a separate, wider arrangement.
           The exact mechanics of the payment mechanism will be detailed in the NHS
           Leicester City Scheme ITT.

2
    Code of Practice on Workforce Matters in Public Sector Service Contracts Guidance

                                                                                               16
         Further details on FM Services requirements for the NHS Leicester City Scheme
         will be set out in the NHS Leicester City Scheme ITT.

5.6.3    Equipment
         Providers will be responsible for the provision and cost of equipment, unless there
         are compelling reasons in respect of the NHS Leicester City Scheme why this
         would not be the optimal equipment solution.
         Details on equipment requirements for the NHS Leicester City Scheme will be set
         out in the NHS Leicester City Scheme ITT.

5.7     IM&T

         Providers will be solely responsible for the provision and cost of all IM&T hardware
         and software unless specified by NHS Leicester City.

         Providers will need to manage the selection and deployment of IM&T solutions in
         conjunction with NHS Leicester City. Further details will be provided to short-listed
         Bidders at ITT Stage.

         In supporting the provision of IM&T, at a minimum Providers will be expected to
         mirror the requirements of CfH. 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 information on IM&T support under PDS contracts can be found at the
         following web-links:
                http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/Publicatio
                  nsPolicyAndGuidance/DH_4133866;

         Further details on IM&T requirements for the NHS Leicester City Scheme will be
         set out in the NHS Leicester City Scheme ITT.

5.8     Payment Mechanism
         Payment to a Provider for the NHS Leicester City Scheme will generally be linked
         to volume of activity, quality of services provided and access to NHS primary
         dental care.

         Further details on the payment mechanism for the NHS Leicester City Scheme will
         be set out in the NHS Leicester City Scheme ITT.

5.9     Financial Standing
         Financial standing requirements for the NHS Leicester City Procurement will be
         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 NHS Leicester City Scheme funding requirement
         would be met.



                                                                                           17
5.10 Performance Security
     It is not expected that performance security will be required from Providers for the
     NHS Leicester City Procurement. However, Bidder's will be asked to confirm their
     agreement at PQQ stage to providing such security in principle, in the event that it
     transpires that the NHS Leicester City Scheme requires substantive
     infrastructure/capital spending and expects high activity volumes and, such
     security is, therefore, required.

5.11 Insurance
     A comprehensive schedule of insurances that the Provider(s) will be required to
     obtain for the NHS Leicester City Scheme will be set out in the NHS Leicester City
     Scheme ITT. This will typically include public liability, corporate medical
     malpractice and certain property cover, as well as provision for clinical negligence
     insurance covering all staff and operational risk in the facilities from which the
     Provider’s NHS primary dental care services are to be provided. These required
     insurances are in addition to the individuals medical malpractice indemnity
     insurance carried by dental practitioners and Dental Care Professionals.

     The insurance requirements will also require Providers to ensure that:

             PCTs' interests are fully protected;
             Members of the public utilising the primary dental care services are fully
              protected to the extent that they have a valid claim against the Provider
              and / or PCT; and
             The Provider maintains insurance, which meets at least the minimum
              statutory requirements.

     Under the terms of the Agreement, Providers will be required to indemnify the
     Commissioning PCT against any claims that may be made against the
     Commissioning PCT arising from the provision of the NHS primary dental care
     services by the Provider. The Commissioning PCT may (as a condition precedent
     to execution of the Agreement or at any time during the term of the Agreement)
     require the Provider(s) to offer evidence that they have sourced and are
     maintaining in force appropriate (and sufficient) insurance or other arrangements.




                                                                                      18
6        GOVERNANCE AND ADMINISTRATION


6.1     Requirements

6.1.1    Procurement Costs
         Each Relevant Organisation will be responsible for its own costs incurred
         throughout each stage of the NHS Leicester City Procurement process. Neither
         NHS Leicester City, the SHA or DH will be responsible for any costs incurred by
         any Relevant Organisation or any other person through this process.

6.1.2    Consultation
         The Commissioning PCT will lead on all local stakeholder engagement issues.
         NHS Leicester City Procurement is subject to ongoing patient and public
         consultation under the NHS Act 2006.

         All consultation outcomes will be received and considered prior to finalising the
         NHS Leicester City Scheme and will be included in the NHS Leicester City
         Scheme ITT. The details of NHS Leicester City may be subject to change, pending
         the outcome of local consultation.

6.1.3    The Public Contract Regulations 2006
         The NHS primary dental care services to which this MOI relates fall within Part B
         of Schedule 3 to the Public Contracts Regulations 2006 (“the Regulations”) and
         Annex II B to Council Directive 2004/18/EC. Neither the inclusion of a Bidder
         selection stage nor the use of the term “Pre-Qualification Questionnaire" nor any
         other indication shall be taken to mean that NHS Leicester City intends to hold
         itself bound by any of the Regulations, save for those applicable to Part B
         services.

6.1.4    Conflicts of Interest
         In order to ensure a fair and competitive procurement process, NHS Leicester City
         requires that all actual or potential conflicts of interest that a Potential Bidder may
         have are identified and resolved to the satisfaction of NHS Leicester City.

         Potential Bidders should notify NHS Leicester City 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
         it should immediately notify NHS Leicester City via email to
         chris.horrocks@resource.nhs.uk , or by post to:

         Chris Horrocks
         Dental Access Procurement EOI
         NHS Leicester City
         30 East Street
         Leicester
         LE1 6NB




                                                                                             19
        Such notifications should provide details of the actual or potential conflict of
        interest.

        If, following consultation with the Potential Bidder or Bidder, such actual or
        potential conflict(s) are not resolved to the satisfaction of NHS Leicester City, then
        NHS Leicester City reserves the right to exclude, at any time, any Potential Bidder
        or Bidder from the NHS Leicester City Procurement process. This may be
        particularly relevant where any actual or potential conflict(s) of interest be found by
        NHS Leicester City to confer an unfair competitive advantage on one or more
        Potential Bidder(s), or otherwise to undermine a fair and competitive procurement
        process.

6.1.5   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 any NHS Leicester City Procurement documents (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 Preferred Bidder in relation to the NHS Leicester
        City Procurement.

6.1.6   Freedom of Information
        NHS Leicester City is committed to open government and meeting its legal
        responsibilities under the Freedom of Information Act (FOIA). Accordingly, any
        information created by or submitted to NHS Leicester City (including, but not
        limited to, the information contained in the MOI, PQQ or ITT and the submissions,
        bids and clarification answers received from Potential Bidders and Bidders) may
        need to be disclosed by NHS Leicester City in response to a request for
        information under the FOIA.

        In making a submission or bid or corresponding with the Commissioning PCT at
        any stage of the NHS Leicester City Procurement, each Potential Bidder, Bidder
        and each Relevant Organisation acknowledges and accepts that NHS Leicester
        City may be obliged under the FOIA to disclose any information provided to it:

                Without consulting the Potential Bidder, Bidder or Relevant Organisation;
                 or
                Following consultation with the potential Bidder, Bidder or Relevant
                 Organisation and having taken its views into account.

        Potential Bidders and Bidders must clearly identify any information supplied in
        connection with the NHS Leicester City Procurement 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.

        However, Potential Bidders should be aware that NHS Leicester City is
        responsible for determining at its absolute discretion whether any information
        requested under the FOIA falls within an exemption to disclosure, or whether it
        must be disclosed.

                                                                                            20
        Potential Bidders should therefore note that the receipt by NHS Leicester City of
        any information marked “confidential” or equivalent does not mean that NHS
        Leicester City accepts any duty of confidence by virtue of that marking, and that
        NHS Leicester City has the final decision regarding the disclosure of any such
        information in response to a request for information.

6.1.7   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 the NHS Leicester City, the DH, 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, Relevant Organisation, financiers or any of their
        advisers, orally or in writing or in whatever media.

        Potential Bidders and their advisers are therefore advised to take their own steps
        to verify the accuracy of any information that they consider relevant. They should
        not rely on any statement or representation made by NHS Leicester City, the DH
        or any of their advisers.

        This MOI is intended only as a preliminary background explanation of NHS
        Leicester City 's activities and plans and is not intended to form the basis of any
        decision on the terms upon which NHS Leicester City will enter into any
        contractual relationship.

        NHS Leicester City reserves the right to change the basis of, or the procedures
        (including the timetable) relating to, the NHS Leicester City Procurement process,
        to reject any, or all, of the PQQ submissions and NHS Leicester City Scheme ITT
        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 NHS Leicester City Procurement, subject to compliance
        with general EU principles on equal treatment, non-discrimination and
        transparency and procurement law.

        NHS Leicester City shall not be obliged to appoint any of the Bidders and reserves
        the right not to proceed with the NHS Leicester City Procurement, or any part
        thereof, at any time and for any reason.

        Nothing in this MOI is, nor shall be relied upon as, a promise or representation as
        to any decision by NHS Leicester City in relation to this NHS Leicester City
        Procurement. No person has been authorised by NHS Leicester City 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 the
        NHS Leicester City 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

                                                                                          21
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 Leicester City, DH or any of their
advisers or consultants in connection with this MOI or any other pre-contract
documentation.




                                                                                22
7   GLOSSARY OF TERMS AND ABBREVIATIONS

    Term              Description
    Agreement         A form of PDS Agreement, as detailed further in paragraph Error!
                      Reference source not found.Error! Reference source not found., to
                      be entered into between the relevant commissioning PCT and Preferred
                      Bidder for the provision of NHS primary dental care services
    Bidder            A single operating organisation/person that has been short-listed
                      through the PQQ evaluation process and been invited to participate in
                      the ITT stage and is bidding for one or more PCT Schemes
    Bidder            An organisation providing a guarantee, indemnity or other undertaking in
    Guarantor         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
    CfH               NHS Connecting for Health, a Directorate of the DH
    Clinical          All suppliers providing clinical services which are the subject of the
    Services          Agreement including, but not limited to, primary dental care services
    Supplier
    Commissioning     Has the meaning ascribed to it in paragraph 3.1 of this MOI
    PCT
    CPD               Continuing Professional Development

    Dental Access     The national dental access programme set up by the DH to provide
    Programme         support for PCTs to commission NHS dental services

    Dental Access     The procurement guide for PCTs produced by the DH to support the
    Programme PCT     delivery of local dental procurements as part of the Dental Access
    Procurement       Programme
    Framework
    Dental Bodies     A corporate body falling within the definition set out in the Dentists Act
    Corporate         1984 (Amendment) Order 2005.

    Dental Care       A person whose name is included in the Register of Dental Care
    Professional(s)   Professionals or on the appropriate roll for dental auxiliaries established
                      in accordance with Part II of the Dental Auxiliaries Regulations 1986
    DH                Department of Health
    EOI               Expression of Interest
    EU                European Union
    FM Services       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 and infection control)
    FOIA / Freedom    The Freedom of Information Act 2000 and any subordinate legislation
    of Information    made under that Act from time to time, together with any guidance
    Act               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 NHS Leicester City is subject
    GDS               General Dental Services contract
    IM&T              Information Management and Technology
    ITT               Invitation to Tender


                                                                                          23
Term               Description
MOI                This Memorandum of Information setting out the details of each PCT
                   Scheme and the requirements of the NHS Leicester City Procurement
NHS                National Health Service
PCT                Primary Care Trust
PCT Scheme         The primary dental care services to be procured by a PCT, as detailed
                   (PCT Scheme Description) in paragraph 3.2 and set out in Annex A
PDS                Personal Dental Services Contract
PDS                National Health Service (Personal Dental Services Agreements)
Regulations        Regulations 2005
NHS Leicester      An ITT that is specific to those primary dental care services that NHS
City Scheme ITT    Leicester City wishes to procure and is sent to potential Bidders who
                   have been short-listed following the PQQ stage
Potential Bidder   A single operating organisation or person that is participating in the NHS
                   Leicester City Procurement, but that has not at the relevant time been
                   invited to respond to an ITT
PQQ                Pre-Qualification Questionnaire

NHS Leicester      NHS Leicester City 's procurement of NHS primary dental care services
City               as part of the Dental Access Programme
Procurement
Provider           The successful Bidder who has entered into the Agreement with NHS
                   Leicester City to provide the primary dental care services
Preferred Bidder   A Bidder who has been selected following the ITT stage to proceed to
                   contract award, subject to points of clarification
Register of
                   the register maintained by the General Dental Council under section 35B
Dental Care
                   of the Dentists Act 1984
Professionals
Relevant           An organisation(s) or person connected with a response to a PQQ
Organisation       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
SHA                Strategic Health Authority
TUPE               Transfer of Undertakings (Protection of Employment) Regulations 2006
                   (SI/2006/246) as amended
Value for Money    The optimum combination of whole-life cost and quality (fitness for
or VfM             purpose) to meet the overall service requirement




                                                                                      24
8    ANNEX
Annex A – NHS Leicester City Scheme Description




                                                  25
Annex B – Format for Submitting an Expression of Interest

      Potential Bidders wishing to participate in the NHS Leicester City Procurement
      must submit an EOI using the template below:




                                                                                 26

				
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