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What next in primary care procurement?
Since Lord Darzi’s recommendation that Primary
Care Trusts (PCTs) should press ahead with immediate reforms
without waiting for his final report, the DH has responded with an
ambitious procurement timetable for PCTs. An extra 100 GP
practices and 150 health centres are required by the end of
2008. This is a challenging but not unachievable target.
Each PCT must deliver a new “polyclinic style”
health centre. The poorest areas of the country have an added
challenge, with 100 GP surgeries required in the 25% of PCTs with
the lowest GP provision, ie an average of 2.63 new surgeries in
each of the 38 poorest PCTs.
These procurements will demand careful
planning and an understanding of the Public Contracts Regulations
2006.
Planning the process
A carefully designed plan will help each PCT to meet its target.
In planning the procurement the PCT should consider:
- Developing a procurement
team
- The team’s relevant expertise, organising
best practice training if needed
- Making use of DH’s tool kit and master
procurement documents as a starting point for each procurement
which can be adapted to the local requirements of each
procurement
- Planning each stage of the process
carefully
- After selection of the preferred bidder, how
to progress to commercial closure and signing of the contract
The Public Contracts Regulations
2006
It is important to understand the PCT’s
obligations under the Regulations:
- Procurements for Part B services ie medical services do not
require a full OJEU tender
and this can give the PCT some flexibility in setting its
timetable
- Though absence of a requirement for a full
OJEU tender can cause confusion, in essence what is required is a
transparent, equal and non-discriminatory procurement
- Make use of the guidance offered in the EU
Commission’s communiqué of 2002, advising PCTs to:
- Consider how widely you advertise
your procurement. Private sector providers have the resources and
inclination to challenge decisions they feel they have been
excluded from and alienating such bidders could be detrimental to
the commercial deal the PCT can negotiate
- Consider the degree of relevance
of the procurement to the internal market
- Ensure compliance with EU Treaty
principles
Therefore, whilst there are difficulties and a
tight timeframe, the task in hand is not insurmountable. What it
requires is an assessment of local needs and objectives and a
realistic assessment of the skill set of the procurement team. Help
is available from a variety of sources including DH, SHAs and the
private sector.
How we can help
Our public sector procurement team is
available to complement the PCT’s own team and can provide a
variety of services depending upon the requirements of the PCT and
the project. Examples of the types of assistance that could be
provided are:
- Our team is familiar with the running of
similar procurements and is available to run the process on the
PCT’s behalf
- Assistance can be given in the drafting of
key documents eg advertisements, PQQs, ITTs, APMS contracts
etc
- Assistance can be given with the management
of the process and dealing with bidder responses
- We can provide advice on the public
consultation process and the documentation required by it
- Our team is available to assist the panel in
planning the project, attending at bidder information days and
reviewing bids
- We can provide assistance with the drafting
and negotiating of contracts with the chosen provider
- We are able to provide you with a procurement
project planning toolkit implemented by some of our other public
sector clients
- Our team can assist with financial closure of
the project with the selected provider
- Advice and assistance can be given, where
required, in the use of the DH national procurement tools
- Our team can provide training workshops or
seminars for the PCT tailored to your specific requirements
- Assistance can be provided in person, by
email or by telephone as required
Our team has a wealth of experience in working
with NHS bodies on procurement projects and we would be delighted
to work with you to explore ways in which we can assist you to surf
the Darzi procurement wave.
For more information or advise, please contact
Rachel Williams or Sharon
Jones.
The content of this bulletin is provided for
the purposes of general interest and information. It contains only
brief summaries of aspects of the subject matter and does not
provide comprehensive statements of the law. It does not constitute
legal advice and does not provide a substitute for it.