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					 Dental Access Programme




      NHS CUMBRIA
NHS PRIMARY DENTAL CARE
 PROCUREMENT SCHEME




 Memorandum of Information (MOI)


        14 September 2009 Version1
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 ................................................... 8
4.1         Procurement Timeline ........................................................................................................ 8
4.2         Advert, MOI & EOI ............................................................................................................. 8
4.3         Bidder Information Event ................................................................................................... 9
4.4         Pre-Qualification Questionnaire (PQQ) .............................................................................. 9
4.5         Invitation to Tender (ITT).................................................................................................. 10
4.6         Contract Award ................................................................................................................ 10
4.7         Service Commencement .................................................................................................. 10
5     COMMERCIAL FRAMEWORK ..................................................................... 11
5.1         Agreement ........................................................................................................................ 11
5.2         Agreement Duration ......................................................................................................... 11
5.3         Clinical .............................................................................................................................. 11
5.4         Workforce ......................................................................................................................... 11
5.5         Training ............................................................................................................................ 12
5.6         Premises, Facilities Management & Equipment .............................................................. 12
5.7         IM&T ................................................................................................................................. 13
5.8         Payment Mechanism ........................................................................................................ 13
5.9         Financial Standing ............................................................................................................ 13
5.10        Performance Security....................................................................................................... 13
5.11        Insurance ......................................................................................................................... 14
6     GOVERNANCE AND ADMINISTRATION .................................................... 15
6.1         Requirements ................................................................................................................... 15
7     GLOSSARY OF TERMS AND ABBREVIATIONS ........................................ 18
8     ANNEX .......................................................................................................... 20
Annex A – NHS Cumbria Scheme Description ............................................................................. 20
Annex B – Format for Submitting an Expression of Interest .......................................................... 21




                                                                                                                                                    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 Cumbria
       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 Cumbria Procurement to enable them to make an informed decision
       about whether they wish to participate

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 Cumbria
                      Procurement, the scope of services to be procured and the factors
                      critical to the success of the NHS Cumbria Procurement.

       Section 3:     Commissioning PCT
                      Details of the Commissioning PCT.

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

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

       Section 6:     Governance and Administration
                      Detailing key governance and administration requirements of the
                      NHS Cumbria 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 to confirm intention to
                     proceed to the next stage of the NHS Cumbria Procurement
                     process.

1.3   Next Steps for Potential Bidders
       Potential Bidders wishing to participate in the NHS Cumbria procurement must
       submit an Expression of Interest (EOI) using the format detailed in Appendix B by
       Monday 28 September 2009 to leanne.fawcett@cumbriapct.nhs.uk. Potential
       Bidders who have already expressed an interest need not re-apply but must
       complete and return Appendix B to confirm their intention to proceed to the next
       stage of the procurement process.

       Potential Bidders wishing to participate in the NHS Cumbria Procurement are
       invited to attend a Bidder Information Day on 14 October 2009 at the Rheged
       Centre, Redhills, Penrith, Cumbria, CA11 0DQ.

       Further details in relation to the Bidder Information Day will be issued after 28
       September 2009.




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2        INTRODUCTION AND OVERVIEW

2.1     Background and Context to the 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 Cumbria 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. The NHS Cumbria 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
         contract templates1.

2.2     Objectives of the NHS Cumbria Procurement

         The key objectives of the NHS Cumbria Procurement are:

                  To contribute to improving oral health and reducing inequalities by
                   providing Cumbrian residents with greater access to NHS primary dental
                   care through additional capacity;
                  To focus the additional capacity on the delivery of high quality, evidence
                   based, preventively focussed, integrated primary dental care.
                  To achieve this in an affordable way and to ensure that providers deliver
                   Value for Money (VfM) and
                  To support NHS Cumbria’s workforce development activity and in
                   particular to contribute to the University of Central Lancashire’s dental
                   undergraduate programme through the delivery of practice-based
                   placement experience for dental students in accordance with the
                   educational requirements of Carlisle Dental Centre.

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

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




1
    www.dentalaccess.nhs.uk

                                                                                            5
2.4   Bidder Pool
       NHS Cumbria wishes to receive Pre-Qualification Questionnaires (PQQ) from
       suitably qualified and experienced primary dental care providers, with the
       necessary capacity and capability to provide a 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 (or be able to demonstrate the ability to
       provide the necessary capacity and capability within the requisite timescale, which
       shall be notified to bidders in the PQQ)

       Potential Bidders must be eligible to enter into a PDS Agreement and may bid in
       conjunction with other organisations, provided that the contracting body is eligible
       to enter into a PDS Agreement. 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 PDS Agreement and any
       requirements as to the sub-contracting of clinical services specified in the PDS
       Regulations.

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

             Clinical Quality and Governance – The provider(s) will ensure
              implementation of all appropriate national clinical guidance/best practice,
              including National Institute for Health and Clinical Excellence. Clinical
              networks are being established for the specialist areas and providers will
              be expected to contribute to the development of networks, and to use
              referral pathways and guidelines which are issued.
             Patient Experience – NHS Cumbria wishes to see high quality services
              delivered in modern premises, linked wherever practical, to other Primary
              care services. Patients should be able to identify clearly that they are
              receiving NHS Dental services, by the use of NHS branding on signage
              and literature of the Practice
             Access – Providers will be expected to co-operate with NHS Cumbria, in
              widening access to all parts of the population, including disadvantaged,
              vulnerable and minority groups. Providers will work with the access
              systems run by NHS Cumbria including Dental Direct to ensure easy and
              equitable access for patients. Providers will also be expected to co-operate
              with NHS Cumbria in increasing the number of new patients seen in 24
              months.
             Risk Management – Providers should demonstrate that their services and
              premises are compliant with all legislative and mandatory requirements,
              are safe, and operate within clearly defined procedures and protocols.
             Workforce – Workforce should be appropriate to the tasks being delivered.
              Maximum use of skill mix will be encouraged and providers are expected to
              contribute fully, and be part of, educational networks.
             Value for Money (VfM) and Affordable – The primary dental care
              services procured through the NHS Cumbria 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
              North West Strategic Health Authority    NHS Cumbria

                                   Table 1: Commissioning PCT


       A map highlighting the geographical location of the Commissioning PCT is
       provided in Figure 1 below:

       Figure 1


                              Figure 1: Commissioning PCT location




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


                                               Services
         PCT Scheme(s)                                            Detailed in
                                               Included
                                               The PCT has
                                               identified areas
                                               within Cumbria
         NHS Cumbria                           where additional   Annex A
                                               capacity may be
                                               needed.

                              Table 2: Commissioning PCT Scheme




                                                                                7
4        PROCUREMENT PROCESS – OVERVIEW
         The NHS Cumbria Procurement timeline is summarised in paragraph 4.1 and
         further detailed in paragraphs 4.2 to 4.7 below.

4.1     Procurement Timeline
         The timeline for the NHS Cumbria Procurement is set out in Table 3 below. It
         should be noted that the dates are expected dates at the time of issuing this MOI
         and may be subject to change.


                                      Milestones                                     Date
            Advert published and Expressions of Interest invited                  8 August 2009
            MOI Published (web based)                                          21 September 2009
            Deadline for receipt of Expressions of Interest                    4 September 2009
            Bidder Information Day                                              14 October 2009
            PQQ issued to Potential Bidders who wish to proceed to next         14 October 2009
            stage
            Deadline for receipt of Potential Bidder clarification questions   13 November 2009
            Deadline for receipt of PQQ submissions                            13 November 2009
            Completion of PQQ evaluation and communication of result           27 November 2009
            Invitation to Tender (ITT) issued to Bidders                       27 November 2009
            Deadline for receipt of ITT bids                                    8 January 2009
            ITT evaluation                                                      30 January 2009
            Bidder Interviews, if appropriate                                         tbc
            Contract Award                                                     28 February 2010
                               Table 3: NHS Cumbria Procurement Timeline


         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 the NHS Cumbria
         Scheme ITT, to be provided as above.

4.2     Advert, MOI & EOI

4.2.1    Advert
         National and local adverts have been published describing, in general terms, the
         primary dental care services being procured by NHS Cumbria and the location
         where the services are required. Adverts have been placed in national and local
         media, on the PCT website and on Supply2Health to encourage responses from
         as wide a range of organisations as possible.




                                                                                                  8
4.2.2    Memorandum of Information

         This MOI provides details of the NHS Cumbria Procurement.
         This MOI should provide potential Bidders with sufficient information on the NHS
         Cumbria Procurement to enable them to make an informed decision about whether
         they wish to proceed to the next stage in the NHS Cumbria Procurement process.
         Potential Bidders must register their interest by submitting the response template
         (Annex B).

4.3     Bidder Information Event
         To ensure all potential Bidders are given an equal opportunity to fully understand
         the requirements of the NHS Cumbria Procurement, the PCT intends to hold a
         Bidder Information Event on 14 October 2009 at Rheged Centre, Redhills, Penrith,
         CA11 0DQ. 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 Cumbria Procurement and
         attend the Bidder Information Event should indicate their intention to attend on the
         relevant part of the response template (Annex B).

4.4     Pre-Qualification Questionnaire (PQQ)

         The PQQ is designed to evaluate the capacity, capability, experience and eligibility
         of potential Bidders (in particular minimum levels of economic and financial
         standing and technical or professional ability) to provide the primary dental care
         services which are the subject of the NHS Cumbria 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, following the Bidder Information Event to all
         potential Bidders who wish to proceed to the next stage of the process. All
         potential Bidders wishing to bid for the NHS Cumbria Scheme must respond to the
         PQQ before the deadline stated in the PQQ. NHS Cumbria reserves the right not
         to consider any PQQ submission received after that deadline.

         A clarification question and answer process will operate during the PQQ stage and
         will be explained in the PQQ documentation.

         The PQQ evaluation is a short-listing process to take forward, to the Invitation to
         Tender stage, those Bidders considered by the Evaluation Panel to have a realistic
         chance of being awarded a contract in competition. 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.




                                                                                           9
4.5   Invitation to Tender (ITT)
       Bidders invited to proceed to the ITT stage for the NHS Cumbria Scheme will be
       issued with a NHS Cumbria Scheme ITT.

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

       The evaluation of tenders may be a one or two stage process, the final stage being
       a presentation of the submission to the Evaluation Panel. Further details of the
       ITT process and evaluation will be set out in the NHS Cumbria Scheme ITT.

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

4.7   Service Commencement
       Following the award and in accordance with the Provider’s mobilisation plan, NHS
       Cumbria and the Provider will work together towards service commencement at
       the agreed date.




                                                                                       10
5        COMMERCIAL FRAMEWORK
         Potential Bidders’ attention is drawn to the following commercial information:

5.1     Agreement
         The Agreement to be entered into by NHS Cumbria and the selected Provider(s)
         for the NHS Cumbria 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 Cumbria Scheme.

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

5.2     Agreement Duration
         The Agreement will be for a term of five years, with the possibility of extending the
         term for a period of five additional years beyond the initial contracted duration by
         mutual agreement with the Provider.

5.3     Clinical
         NHS Cumbria 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.



                                                                                           11
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    Staffing
         The NHS Cumbria 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.

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 Cumbria) to commit to applying for
         accreditation for training status.

5.6     Premises, Facilities Management & Equipment

5.6.1    Premises
         Where NHS Cumbria does not mandate a property solution, Bidders will be
         required to propose their own premises solution. Further details on such
         proposals and / or requirements for the NHS Cumbria Scheme will be set out in
         the NHS Cumbria Scheme ITT.

         The Provider will be expected to fund rent, rates, utility and insurance costs for the
         premises solution.

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. Under these circumstances, NHS Cumbria may require the Provider
         to utilise existing FM Services]. NHS Cumbria will reimburse Providers for FM
         Services separately to payments for primary dental care services. The exact
         mechanics of the payment mechanism will be detailed in the NHS Cumbria
         Scheme ITT.

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




                                                                                              12
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 Cumbria Scheme why this would not
         be the optimal equipment solution.

         Details on equipment requirements for the NHS Cumbria Scheme will be set out in
         the NHS Cumbria 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 Cumbria

         Providers will need to manage the selection and deployment of IM&T solutions in
         conjunction with NHS Cumbria. 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 Cumbria Scheme will be set out
         in the NHS Cumbria Scheme ITT.

5.8     Payment Mechanism
         Payment to a Provider for the NHS Cumbria 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 Cumbria Scheme will be
         set out in the NHS Cumbria Scheme ITT.

5.9     Financial Standing
         Financial standing requirements for the NHS Cumbria 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 Cumbria Scheme funding requirement would be met.

5.10 Performance Security
         It is not expected that performance security will be required from Providers for the
         NHS Cumbria 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

                                                                                          13
     transpires     that    the    NHS Cumbria   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 Cumbria Scheme will be set out in the NHS Cumbria Scheme
     PQQ. This will typically include public liability, corporate 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 individual’s 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.




                                                                                      14
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 Cumbria Procurement process. Neither NHS
         Cumbria, 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
         NHS Cumbria will lead on all local stakeholder engagement issues. The NHS
         Cumbria Procurement is subject to ongoing patient and public consultation under
         the NHS Act 2006. NHS Cumbria Oral Health Strategy & Commissioning Plan
         and the Commissioning & Investment Plan 2009- 2011 have been consulted on
         widely with the Overview and Scrutiny Committee, Local Dental Committee and
         Cumbria Link (formerly the Cumbria PPI forum).

         All consultation outcomes will be received and considered prior to finalising the
         NHS Cumbria Scheme and will be included in the NHS Cumbria Scheme ITT. The
         details of NHS Cumbria 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 Cumbria 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 Cumbria
         requires that all actual or potential conflicts of interest that a Potential Bidder may
         have are identified and resolved to the satisfaction of NHS Cumbria.

         Potential Bidders should notify NHS Cumbria 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 Cumbria via email to leanne.fawcett@cumbriapct.nhs.uk.
         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 Cumbria, then NHS
         Cumbria reserves the right to exclude, at any time, any Potential Bidder or Bidder
         from the NHS Cumbria Procurement process. This may be particularly relevant
         where any actual or potential conflict(s) of interest be found by NHS Cumbria to
         confer an unfair competitive advantage on one or more Potential Bidder(s), or
         otherwise to undermine a fair and competitive procurement process.


                                                                                             15
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 Cumbria 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 Cumbria
        Procurement.

6.1.6   Freedom of Information
        NHS Cumbria 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 Cumbria (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 Cumbria 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 Cumbria Procurement, each Potential Bidder, Bidder and
        each Relevant Organisation acknowledges and accepts that NHS Cumbria 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 Cumbria 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 Cumbria 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.

        Potential Bidders should therefore note that the receipt by NHS Cumbria of any
        information marked “confidential” or equivalent does not mean that NHS Cumbria
        accepts any duty of confidence by virtue of that marking, and that NHS Cumbria
        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.


                                                                                          16
Neither the NHS Cumbria, 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 Cumbria, the DH or any
of their advisers.

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

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

NHS Cumbria shall not be obliged to appoint any of the Bidders and reserves the
right not to proceed with the NHS Cumbria 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 Cumbria in relation to this NHS Cumbria Procurement. No
person has been authorised by NHS Cumbria 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 Cumbria 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 or agreement when, and if, finally executed, subject to
such limitations and restrictions that may be specified in such contract. No such
contract will contain any representation or warranty in respect of the MOI or other
pre-contract documentation.

In this section, references to this MOI include all information contained in it and
any other information (whether written, oral or in machine-readable form) or
opinions made available by or on behalf of NHS Cumbria, DH or any of their
advisers or consultants in connection with this MOI or any other pre-contract
documentation.




                                                                                    17
7   GLOSSARY OF TERMS AND ABBREVIATIONS

    Term              Description
    Agreement         A form of PDS Agreement, as detailed further in Section 5, 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 Cumbria is subject
    GDS               General Dental Services contract
    IM&T              Information Management and Technology
    ITT               Invitation to Tender



                                                                                          18
Term               Description
MOI                This Memorandum of Information setting out the details of each PCT
                   Scheme and the requirements of the NHS Cumbria 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 Cumbria        An ITT that is specific to those primary dental care services that NHS
Scheme ITT         Cumbria 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
                   Cumbria Procurement, but that has not at the relevant time been invited
                   to respond to an ITT
PQQ                Pre-Qualification Questionnaire

NHS Cumbria        NHS Cumbria 's procurement of NHS primary dental care services as
Procurement        part of the Dental Access Programme

Provider           The successful Bidder who has entered into the Agreement with NHS
                   Cumbria 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




                                                                                      19
8    ANNEX
Annex A – NHS Cumbria Scheme Description




                                           20
Annex B – NHS Cumbria Procurement Expression of Interest

     Potential Bidders wishing to Express and Interest and/or proceed to the next stage
     of the NHS Cumbria Procurement must submit the template below:




                                                                                    21

				
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