Legal Services Framework User Guide Framework Reference Number

Estates, Facilities & Professional Services

Legal Services Framework User Guide

Framework Reference Number: 4824-3068

OJEU Reference: - 2018/S 219-501674

February 2019

Version Control

Contributor(s) Date Version Comments Matthew Price 18/02/2019 0.1 Draft layout for population Matthew Price 13/05/2019 0.2 First draft population Laura Whitworth 09/11/2019 0.3 Updated contact details

Contact Details

Laura Whitworth

Senior Category Manager

NHS London Procurement Partnership 200 Great Dover Street London SE1 4YB

Telephone 07548 152 944 Email [email protected] Web www.lpp.nhs.uk

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Contents 1. Introduction ...... 5 1.1 Key Information ...... 5 1.2 Background ...... 5 1.3 Overview & Lot Structure ...... 6 1.4 Expected Benefits ...... 12 1.5 Awarding a Contract ...... 13 2. Management of the Framework Agreement ...... 14 2.1 Framework Contracts ...... 14 2.2 Activity Based Income (ABI) ...... 14 2.3 Management Information ...... 14 2.4 Framework Manager ...... 14 2.5 Business Continuity Plans ...... 14 3. Accessing the Framework ...... 15 3.1 Framework Access ...... 15 3.2 Benefits of Accessing a Framework ...... 15 3.3 Framework Access Charge ...... 15 3.4 Customer Access Agreement (CAA) ...... 15 4. Running a Mini-Competition or Call-Off ...... 17 4.1 Establishing a Project Team ...... 17 4.2 Key Decisions and Actions ...... 17 4.3 Undertaking a Mini Competition ...... 17 4.4 Evaluation Criteria ...... 20 4.5 Undertaking a Direct Order / Call Off ...... 21 4.6 Transition, Planning and Support ...... 21 4.7 Managing the Contract ...... 22 4.8 Key Performance Indicators ...... 22 5. Frequently Asked Questions ...... 23 5.1 What is a Framework and is it compulsory to join? ...... 23 5.2 If a supplier is not on the framework can they still take part? ...... 23 5.3 Do I need to invite all suppliers to a mini competition? ...... 23 5.4 How long does a mini competition need to run for? ...... 23

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5.5 Do I have to apply a stand still period to a mini competition? ...... 23 6. Appendices ...... 24 6.1 Appendix A – Supplier List by Specialism ...... 24 6.2 Appendix B – Supplier Contacts ...... 26 6.3 Appendix C – Responsibilities Matrix ...... 29 6.4 Appendix D – Customer Access Agreement (CAA) ...... 30 6.5 Appendix E – Mini Competition Documentation ...... 31 6.6 Annex 1 – Supplier Profiles ...... 32

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1. Introduction

This user guide is intended to provide information about the Legal Services framework owned by NHS Commercial Alliance and to provide practical support to participating authorities who wish to access the framework to award contracts.

Please note that the guidance provided within this document only applies to this framework and participating authorities should ensure they refer to the guidance document which is relevant to the framework they wish to access to ensure that the right processes are being followed.

Procurement teams should be involved in the decision to access the framework to ensure that the decision fits with local procurement policies and participating authorities’ standing financial instructions.

1.1 Key Information

Framework Title Legal Services OJEU Reference Number 2018/S 219-501674

Agreement Reference 4824-3068 Number

Framework Period 01/02/2019 – 31/01/2023 with no further extension periods

1.2 Background The NHS is a large and complex organisation and requires specialist legal advice on a range of issues.

Prior to 2011 many Trusts in London were using a focused number of suppliers for much of their Legal Services requirements with a wide variety of rates being paid to the same suppliers. An initiative was undertaken in 2011 to harmonise fees across Trusts and achieve best price through a tender for the provision of Legal Services.

The existing Legal Framework let back in 2015, has been widely used by LPP members and non-members. The framework was for a 4 year period. This framework expired on 31st January 2019 and cannot be extended any further. Feedback from user Trusts and CCGs showed the need for continuation of the framework with a similar replacement.

The recent formation of the NHS Collaborative Procurement Partnership has resulted in the opening up of framework access to NHS LPP member trusts. The NHS Commercial Alliance (a strategic partnership between NHS Commercial Solutions and East of

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England NHS Collaborative Procurement Hub) awarded this framework for the provision of legal services in February 2019 which, through the NHS Collaborative Procurement Partnership, is open for LPP members to access.

NHS Commercial Solutions, on behalf of NHS Commercial Alliance, has let this framework agreement subsequent to a procurement using the Open procedure as directed by the Public Contracts Regulations 2015 (as amended). Multiple providers were successful and have been appointed to the framework which has been let for four years. Contracts awarded under the agreement are not required to co-terminate with the agreement and may, therefore, be let for the most economically advantageous period

The framework agreement provides a compliant route to market to procure a range of legal services let as a single lot, this removes the limitation of framework providers only being able to deliver services in the lots in which they were successful,

1.3 Overview & Lot Structure To provide maximum flexibility to Customers, the framework has been structured as a single lot. This removes the limitation of framework providers only being able to deliver services in the lots in which they were appointed.

Requirements for the service will fall within two types of work:

 Standard Activity

Standard activity is any activity under the areas of law identifies below.

 Significant/Large Projects

Significant or large projects will cover one off type large project works with the projected value of fees likely to exceed £25,000.

All providers appointed to the framework are able to provide services in the core categories of:

 Corporate and Commercial Law

o Non-legally binding Service Level Agreements between NHS Authorities o Contracts with other public sector bodies o Contract with private sector bodies o Public procurement o Competition law applicable to healthcare bodies, public sector organisations and charities o Intellectual property, Income generation and/or Private Patients o Charitable trusts o NHS mergers and acquisitions

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o Commercial disputes and litigation o Revenue grant agreements o Outsourcing and intra-NHS shared services

 Employment Law

o Employment law –general o Employment tribunals o HR policies o Pensions o Employment agencies and bank staff o Organisational change o Disciplinary process and appeals o Health Professional practice advice o Managing Doctors; maintaining high professional standards in the NHS o Advising on national terms; Agenda for Change, junior doctors and consultants o Discrimination o Independent sector o Employment governance o Employee payments o Employment relationship advice o Immigration issues o Other legislation and case law

 Property Law

o Acquisition and disposal of property o Leases and licences to use land o Site developments o Property aspects of commercial transactions and joint ventures o Town and country planning law o Sustainability and “green lease” advice o Estatecode and general estate management advice o Property litigation and landlord and tenant matters o Construction advice, building contracts, professional appointments, collateral warranties, advice and drafting o Construction disputes o Criminal prosecutions o Housing association law and practice o Key worker accommodation projects o Capital grant funding

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Additionally, the framework covers services in the following non-core categories:

 Health Law

o Consent to treatment o Inquests o Metal Capacity Act/ Best interest, lasting power of Attorney and advance decisions o Children Act, Safeguarding and protection of vulnerable adults and children o Risk management o Complaints o Witness statements o Human organs and tissue o Confidentiality and information law o Criminal prosecutions and proceedings o Individual funding and commissioning disputes, Aaylum seekers, overseas visitors, continuing healthcare (CHC), and individual funding request (IFR) issues o Patient mobility

 Primary Care Law

o Alternative provider medical services (APMS), Personal medical services (PMS) and other primary and community services o Prison health (regulatory, procurement and contracting) o Primary care fraud (prevention, detection and representation) o Commissioning o Continuing care and funding o Care homes

 Mental Health Law

o Mental health legislation and governance o Mental health review tribunals o Homicide/suicide inquiries and requests o Mental health act code of practice and associated guidance o Admission, detention and discharge issues o Patients’ property o Interaction between Mental Health Act, Deprivation, Liberty Safeguards and Mental Capacity Act

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 Laws relating to Healthcare Projects

o Establishing corporate vehicles and contractual structures o Public procurement law o Drafting and contributing to project documentation o Project planning o Construction documentation o Drafting, negotiating and agreeing legal documentation o Finance and security documents and advice o Advice and documentation on related property issues o General legal advice and assistance o Advice and documentation on HR issues

 NHS Governance and Public Law

o NHS structures, powers, statutes, and guidance o Corporate governance o Clinical governance o Information governance o Research governance o Foundation Trust constitution advice o Criminal prosecutions o Clinical services reorganisation and public consultation o Judicial review o Internal and public inquiries o Policies and procedures o Human Rights Act 2000

1.4 Pricing Hourly Rates

The hourly rates proposed by the Service Providers are the maximum allowed under their individual agreements. Participating Authorities may improve on the proposed pricing by procuring the service via further competition.

Retainer Models

As an alternative to working with fixed hourly charge rates, participating authorities may wish to establish a retainer pricing model for one or multiple areas of legal spend e.g. request a fixed maximum cost for all employment law advice over a period of year. Further competitions would need to be run if a Participating Authority wishes to contract under this type of pricing model.

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Fixed Pricing

Many of the service providers may offer to provide services on a fixed cost basis.

Secondment Services

Many providers may be able to provide suitable secondees for an agreed period where the secondment is condered to be mutually beneficial.

Volume Discounts

The Service Providers have, in many cases, offered discounts based on the cumulative expenditure over the lifetime of the agreement. As each expenditure threshold is reached, the offered discount will be applied to all future work. Discounts are available for 6 different volume bands of expenditure. The discount percentages are included on the Discounts tab of the master rate card.

NHS LPP will be informed once a new expenditure threshold is reached and will update a master rate card. Participating authorities should ensure they refer to the most recent rates when using the framework.

The discounts will be applied to a Service Provider when the total value of all services procured by all participating authorities through the framework, from that Service Provider, reaches the lower threshold of a discount band. The value is cumulative over the full term of the framework agreement; the discounts however, are not cumulative.

So, using the table below and an example hourly rate of £150, the revised rates are shown in the final column.

Revised Hourly Discount Offered Discount Band Expenditure Rate (%) (after discount) 1 £100,000 to £249,999 0.50% £ 149.25

2 £250,000 to £499,999 0.50% £ 149.25

3 £500,000 to £999,999 0.50% £ 149.25 £1,000,000 to 4 1.00% £ 148.50 £1,999,999 £2,000,000 to 5 1.00% £ 148.50 £2,999,999 6 £3,000,000+ 2.00% £ 147.00

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1.5 Types of Work & Risk Ratings It is the expectation that the requirements for services will fall within 2 types of work for which appropriately experienced/senior personnel from a Supplier(s) will be assigned to undertake any activities/provide advice:

- Standard Activity

- Significant/Large Projects

Standard Activity is any activity under the areas of law identified in Section 1.3 (please refer to Section 2 of the framework specification for full descriptions of services).

Significant/Large projects will cover one-off type/large project work (with a projected value of fees to be paid likely to exceed about £25,000 – Individual Authorities may decide a typical value more appropriate to their particular circumstances). Services under this type of work will still be classified under the specific areas of law in Section 1.3 and based on the risk levels identified below.

Classification of Complex Areas of Work

The Authority will use its own individual approach to identify a risk rating based on the definition of Complex areas in the Glossary above. This will then be advised to the Supplier(s) by the Gatekeeper at the initial point of contact in the brief. The Authority and Supplier will then agree on the actual risk rating. The risk rating will be used to identify the appropriate banding of individuals and supervisors to act in the matter as detailed below.

The following levels of risk have been identified:

Risk Level Risk Rating Appropriate Banding Level Insignificant 1 3-6 Minor 2 3-6 Moderate 3 3-6 Major 4 1-2 Extreme 5 1-2

Any activity identified as having a risk rating of either 4 or 5 should be led directly by personnel of at least five years post-qualification experience (PQE).

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Any other level of activity/advice must be charged at the appropriate lower level banding, even if a more senior person undertakes such work, unless agreed in writing by the Authority.

The Supplier(s) and the Authority will ensure that if any new information or circumstance comes to light/arises, this will be immediately notified to the other party. The risk rating may then be reviewed by the parties resulting in an agreed amendment to the risk rating and potentially the banding of personnel used by the Supplier. Any amendments to the rating or banding of personnel must be agreed in writing.

1.6 Expected Benefits Value Add elements included in the Framework Agreement

The specification states that all suppliers must provide an initial free of charge consultation, either written or verbal, to discuss new legal matters. Any such consultation shall not be greater than thirty (30) minutes. All suppliers have agreed to provide this.

The framework also includes fixed prices for some defined standard services “catalogue prices”. The details on a supplier basis are included in Legal Framework Rates spreadsheet.

Financial Benefits

Savings are achieved through:

 Ceiling rates provided which can be reduced via a further competition.  Flexibility to contract on a fixed retainer pricing model to achieve reduction in spend and cost assurance.  Cost savings by managing the balance of senior/ junior resource according to case requirements with a split between complex and non-complex areas of law.  Free of charge consultation, either written or verbal up to 30 minutes, to discuss new legal matters.  Fixed prices for defined standard services.

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Other Benefits

 Better service management through agreed authorisation procedures and regular reporting from suppliers.  Reduced risk by providing a framework for Trusts which ensures suppliers have adequate quality standards, recruitment procedures and insurance cover.  Clear tracking of NHS Legal spend through my.LPP reporting.  Out of hours services provision.  Secondment services- where the supplier provides the Participating Authority with a suitable secondee for an agreed period where such a secondment is considered to be mutually beneficial to both parties.  Reduction in time taken to procure legal services.  The framework is based on generic service specifications which a participating authority may adapt to meet specific requirements.  The terms and conditions of the framework agreement and call off contracts have been agreed with each framework provider so no further legal dialogue is required.

1.7 Awarding a Contract To award a contract under this framework the participating authority must complete and submit a Customer Access Agreement (CAA) (Appendix D) and the Rate Access Request Form (LF- embedded in Appendix D) to LPP. The participating authority then has the option of either:

1. Direct Order/ Call Off– once the Participating Authority completes and submits the Customer Access Agreement to LPP and the Rate Access Request Form (LF – embedded in Appendix D) to LPP and the preferred supplier the participating authority can begin to use the framework. Direct call offs should only be used where no changes or additions to the specification need to be made and where it is possible to determine the Supplier who offers the best value for money.

2. Run a mini-competition based on defined evaluation criteria– in accordance with the framework terms and conditions and relevant procurement regulations.

Instructions on how to access the framework and undertake a call off/ mini competition are contained in section 4 below.

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2. Management of the Framework Agreement

2.1 Framework Contracts All suppliers who have been awarded a position on this framework have signed framework contracts with NHS Commercial Alliance. NHS Commercial Alliance are responsible for the management of the framework contracts and together with NHS London Procurement Partnership will seek feedback from participating authorities to ensure maximum value is derived from the framework.

2.2 Activity Based Income (ABI) This framework has been established with an Activity Based Income (ABI) charge of 1%. Each supplier will pay the ABI charge for all contracts awarded under the framework. Any pricing provided by suppliers will be inclusive of this charge.

2.3 Management Information NHS CA will collect on a monthly basis, management information from each supplier for each contract they have been awarded under the framework. This management information will be available to view through the my.LPP system to allow for spend analysis and monthly reporting.

2.4 Framework Manager Participating authorities who have any questions regarding the framework should contact the framework manager at NHS London Procurement Partnership in the first instance. This is the person identified on page 2 of this document.

2.5 Business Continuity Plans NHS LPP strongly suggests that participating authorities request as part of their mini competition specific business continuity plans relating to their service and location so these can be retained for the successful contractor.

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3. Accessing the Framework

3.1 Framework Access By virtue of the NHS Commercial Procurement Collaborative, this framework is open to NHS London Procurement Partnership members.

3.2 Benefits of Accessing a Framework There are a number of benefits of awarding contracts under a framework, these include:

 It is faster and less onerous than a full OJEU tender process.  There is no need to assess framework suppliers against criteria such as financial standing or business probity as these have been assessed during the PQQ stage of the framework establishment.  By using the framework there is no need for you to separately advertise your requirement.  The framework is based on generic service specifications which participating authorities can adapt to meet their specific requirements.  The terms and conditions of the framework agreement and call off contracts have already been agreed with all framework suppliers therefore no further legal dialogue is required.  By following these guidelines you can ensure that you are adhering to EU Procurement legislation.

3.3 Framework Access Charge There is no charge for participating authorities to access this framework agreement, the only charge is the ABI charge from the contracted supplier.

Appendix C sets out the key responsibilities of each party during the framework call-off/ mini competition process. Should a Participating Authority wish for NHS LPP to provide additional support over and above what is shown in this document, then NHS LPP reserves the right to charge for these additional services. This will be discussed and agreed with each Participating Authority on a case by case basis.

3.4 Customer Access Agreement (CAA) Participating authorities wishing to access this framework should complete the Customer Access Agreement (CAA) in Appendix D and the Rate Access Request Form (LF- included in Appendix D) and send both of these to the category manager. Once these have been completed the category manager will provide the Participating Authority with access to the mini competition documents as appropriate and advise the suppliers on the framework that the access agreement has been signed. Suppliers on the framework will not enter contracts under this framework with any Participating Authority until the category manager has confirmed a signed access agreement is in place.

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The details submitted on the Rate Access Request Form will be entered on to a spreadsheet within a secure workspace on the my.LPP platform where they can be viewed by suppliers. The details of Authorised Users will be updated by either the Trust’s Authorised Gate Keeper or the LPP framework manager. To be able to access the workspace the Authorised Gate Keeper must first be registered for a my.lpp account www.my.lpp.nhs.uk.

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4. Running a Mini-Competition or Call-Off

4.1 Establishing a Project Team Participating authorities will need to establish a project team which is responsible for supporting the award of the new contract. This project team should include key stakeholders from across the organisation who can input into the specification and evaluate the quality of responses from suppliers under the framework.

The project team should be supported by a project lead who is responsible for ensuring the project is supported by the Participating Authority’s board and managing the implementation of the new contract.

LPP will liaise with the project lead as per the responsibilities matrix in Appendix C. If the Participating Authority does not have the resource to undertake this internally then LPP can provide support but this may come at an additional cost. If this is required then you should contact the category manager to discuss further.

4.2 Key Decisions and Actions By deciding to award a contract under the framework agreement much of the hard work has already been completed which should save the Participating Authority time and money. A suite of direct order and mini-competition documents are available which can be tailored by the Participating Authority to meet their specific requirements.

Once deciding to contract under the framework agreement, the Participating Authority must decide whether to:

a) Undertake Direct order b) Undertake a mini-competition

The key decisions and actions which will need to be completed by the Participating Authority to award a contract under the framework via running a mini-competition are set out in the responsibilities matrix in Appendix C.

It is the Participating Authority’s responsibility to validate the data being sent out as part of the mini competition, check the evaluation of all bids and award the contract under the framework.

4.3 Undertaking a Mini Competition If a Participating Authority is unable to determine which Suppliers are capable of performing the Services or offer the best value for money, it may undertake a further competition by consulting in writing all the Suppliers within the relevant Lot and inviting them within a specified time limit, to submit a tender.

To undertake a mini competition within the framework the Participating Authority should refer to the responsibilities matrix in Appendix C and complete the Customer Access Agreement (CAA) in Appendix D. Once this is received by NHS LPP access to the direct

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order and framework documents will be provided through the my.lpp portal to registered users.

The Participating Authority can use the mini competition template documents but will need to agree the specification of services and should build upon the generic specifications provided to ensure that their specification meets the service needs. The Participating Authority will also need to build a relevant, trust specific pricing schedule document. If the further competition is to establish fixed hourly rates then the pricing schedule document should remind bidders that hourly rates submitted at framework award were ceiling rates and that these cannot be exceeded.

The Participating Authority must also note that the mini competition process must be based on the evaluation criteria of:

i. quality (this must include speed of available response including, without limitation, capacity to meet required deadlines and, where relevant, geographical location) and as appropriate: capability, expertise, past performance and proposed methods of undertaking the work); and

ii. price.

The information which is required from the Participating Authority in each document set is:

1. Mini Competition Instructions This document sets out the instructions for the bidders on how to complete and respond to the mini competition. As a minimum the participating authority will need to insert its award criteria against the stated headings, enter the contract period and complete the project plan. Participating authorities using their own e-procurement systems to run the mini-competition will need to change the instructions to reflect their own systems.

2. Abstract of Particulars This document provides bidders with an introduction to the Participating Authority. An outline to the Participating Authority and its main areas of service provision should be provided as well as an overview of the current Participating Authority’s arrangements. Any specific aims and objectives from a new contract should be given here so bidders can understand how best to structure their response to meet your requirements. Any known changes to service provision which may affect the contract should be stated.

3. ITT Questions This document identifies the questions that you will be asking bidders to respond to. All questions should clearly show how they are linked to the award criteria and any word limits that bidders will be asked to adhere to. Remember you should not re- evaluate areas already evaluated at PQQ stage (such as financial standing) or

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repeat questions asked at the ITT stage for the framework. The questions asked at the ITT stage will be made available to participating authorities outside of the mini competition documents for guidance purposes only. The document can either be uploaded as an attachment in the Due North eTendering portal or the questions input directly in to the system.

4. Specification The framework specifications have been provided for use by the Participating Authority. All suppliers on the framework have seen these template specifications as part of their application to be on the framework. Where participating authorities decide to run a further competition, they should use these documents as a guide to structure their own specifications.

5. Pricing Schedule A pricing schedule/evaluation template will need to be constructed and will differ depending on whether the Participating Authority wishes to contract on hourly rates or on a fixed retainer basis. Participating authorities should remember that the hourly rates previously submitted by framework suppliers were ceiling rates and they are not permitted to exceed these in a mini competition process. Participating authorities may wish to remind bidders of this on the pricing schedule. The ceiling hourly rates are also subject to the framework volume discounts and so will vary over the duration of the framework (see section 1.4 on Pricing above). Participating authorities should ensure they are viewing the current ceiling rates prior to financial evaluation.

6. NHS Conditions for the Provision of Services The terms and conditions of contract have been agreed with all suppliers as part of their award onto the framework. Participating authorities may make changes to these terms and conditions but they should be minor changes and highlighted clearly in the document so all bidders are aware changes have been made. When setting response deadlines to the mini-competition additional time should be provided by participating authorities where changes have been made to the terms and conditions so that all bidders have the opportunity to raise these changes with their legal teams.

Participating authorities may wish to take advantage of setting up an SLA with one or more listed suppliers on the framework as some suppliers will offer benefits such as free training for longer term commitment. A signed SLA is not required to begin engagement with a supplier.

7. Signed Document Set All bidders are required to complete and sign this set of documentation. Participating authorities should ensure that the tender invitation date and title are changed to reflect their mini-competition.

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8. Standstill Award Letters Participating authorities should complete and issue these letters once they are in a position to award the contract. This letter will start the ten day stand still period giving all bidders an opportunity to request further information before the contract is formally awarded. The standstill period should finish at midnight once ten full calendar days have passed. If the tenth day finishes on a weekend or bank holiday this should be extended to midnight on the next working day. Participating authorities should use the information within the completed evaluation document to complete the standstill letters. The letters should also be customised to reflect the mini- competition details and the Participating Authority’s process for appeal or request for further information.

Once mini competition documents 1-7 are completed they can be issued to all of the suppliers under the relevant lot. A list of suppliers and their contact details is provided in Appendix B. If the Participating Authority prefers for NHS LPP to release the mini competition documents through their e-tendering portal the mini competition documents should be sent to the category manager. Suppliers should be given adequate time to respond to a mini competition. Where relevant, site visits should be provided to all suppliers during the mini competition process and any clarification questions should be answered as swiftly as possible.

The mini competition documents will be returned by the suppliers and should be evaluated by the project team in line with the evaluation criteria which was set out within the invitation to tender. As part of the evaluation process supplier presentations may be undertaken. Suppliers should be provided with adequate time to prepare their presentations and should be given a clear brief of what to present.

Once the evaluation process is completed the Participating Authority should notify all suppliers of the outcome of the mini competition and start a 10 day stand still period before concluding the contract.

4.4 Evaluation Criteria The evaluation criteria set out within the framework agreement can be found in the Mini Competition Instruction document. The main criteria stated should be used as part of any mini competition within the framework however the participating authority can change the sub-criteria as long as these are clearly stated to all suppliers at the start of the mini competition process. The weightings of the sub-criteria can be set to meet the Participating Authority’s requirements but must add up to 60% technical and 40% price. Speed of available response must be included as sub-criteria within the technical evaluation but can be assigned any weighting up to 60% that the participating authority chooses.

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4.5 Undertaking a Direct Order / Call Off A Trust can call off directly when no changes to the original specification need to be made and when it is possible to determine the Supplier who demonstrably offers best value for money for its requirement when judged against the criteria below.

If a Trust wishes to source Services through the Framework without undertaking a further competition, it shall first determine from:

i. Information supplied by the Supplier (whether incorporated in their responses to the Tender or otherwise); ii. Information publicly available (including through the Supplier’s own websites, legal directories or elsewhere); and iii. Information shared between the Authority and the Procuring Authorities pursuant to Clause 18 (Complaints), which Suppliers are capable of performing the required Services.

The Trust may then place an Order with the Supplier who demonstrably offers best value for money for its requirement when judged against the criteria of: -

a, speed of available response (including, without limitation, capacity to meet required deadlines and, where relevant, geographical location);

b, quality (including as appropriate: capability, expertise, past performance, availability of resources and proposed methods of undertaking the work; and

c, price.

If a Trust wishes to make amendments to the specification or is unable to determine which Supplier offers the best value for money it should undertake a further competition.

To undertake a direct call off under the framework the Participating Authority should complete, sign and submit the customer access agreement to NHS LPP. A copy of the LF – Notice of Rate Access Request should also be sent to both NHS LPP and the preferred supplier in order to have access to and benefit from the Legal Framework suppliers and rates.

4.6 Transition, Planning and Support As part of the mini-competition or call off process the successful supplier should provide you with a transition plan which clearly explains what tasks need to be undertaken and who is responsible for ensuring they are completed. This plan should set out the level of resource which is required from the Participating Authority during the transition process. The expected timescales for each stage of the transition and the mobilisation as a whole should be shown. The Participating Authority should review the supplier’s performance against the plan on a regular basis throughout the transition.

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4.7 Managing the Contract The Participating Authority should hold regular meetings with the supplier to review performance against agreed key performance indicators. Should the supplier fail to meet the agreed key performance indicators then the Participating Authority should look to take corrective action as outlined within the contract document. The NHS LPP category manager should be made aware of repeated failures in a supplier’s performance and can be asked by the participating authority to support rectifying issues.

4.8 Key Performance Indicators NHS LPP encourages the use of key performance indicators within contracts as a way of monitoring and managing supplier performance. Some suggested key performance indicators which are relevant to this contract have been included in Section 6 of the template specification document. Participating authorities should ensure these meet their requirements and if necessary personalise them to ensure they do.

Key performance indicators should not be used to punish a supplier but should be built in to encourage and reward high quality performance of the contract. As such NHS LPP suggests that key performance indicators are established which are achievable and agreed by both parties.

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5. Frequently Asked Questions

5.1 What is a Framework and is it compulsory to join? A framework is a general term for an agreement with a provider(s) which sets out terms and conditions under which specific purchases (call-offs) can be made throughout the term of the agreement. Frameworks are established for bodies to buy goods or services via a pre-approved list of suppliers.

5.2 If a supplier is not on the framework can they still take part? No. The framework has been awarded via an OJEU process. Suppliers at the time of advert had the opportunity to register their interest in being awarded a position on the framework. The tender process for the framework has now closed and all lots awarded.

5.3 Do I need to invite all suppliers to a mini competition? You will need to invite all suppliers for the lot under which you are undertaking your mini competition unless there are specific reasons why you believe a supplier cannot deliver the services you require. Where this is the case you should check with the supplier first to ensure that you are not challenged later in the process.

5.4 How long does a mini competition need to run for? This will depend on the complexity of the service. Participating authorities should take into account the size of the contract, the number of services included, requirements for supplier site visits and TUPE. On average NHS LPP would suggest suppliers are given four weeks to respond to the mini competition. For specific advice please contact the category manager.

5.5 Do I have to apply a stand still period to a mini competition? NHS LPP encourages the application of standstill periods for all mini competitions under the framework, especially where the value of the contract exceeds the OJEU thresholds. This ensures transparency to all suppliers involved in the process and minimises the risk of challenge once a contract is awarded.

6. Appendices

6.1 Appendix A – Supplier List by Specialism Supplier list by Specialism is provided on the next page

6.2 Appendix B – Supplier Contacts Addleshaw Goddard LLP Axiom Stone Solicitors

Name: Michael O’Connor Name: Shyam Narendra Mistry

Tel: 0161 934 6342 Tel: 0208 951 6989

Email: [email protected] Email: [email protected]

Address: One St Peter’s Square Address: Axiom House Manchester 1 Spring Villa Road M2 3DE Edgware Middlesex HA8 7EB

Bevan Brittan LLP Birketts LLP

Name: Sharon Renouf Name: Jeanette Wheeler

Tel: 0370 194 1678 Tel: 01603 756427

Email: [email protected] Email: [email protected]

Address: Kings Orchard Address: Kingfisher House 1 Queen Street 1 Golders Way Bristol Off Barrack Street BS2 0HQ Norwich NR3 1UB

Blake Morgan LLP Brachers LLP

Name: Bruce Potter Name: John Sheath

Tel: 0118 955 3008 Tel: 01622 776 406

Email: [email protected] Email: [email protected]

Address: Apex Plaza Address: Somerfield House Forbury Road 59 London Road Reading Maidstone Berkshire Kent RG1 1AX ME16 8JH

Bristows LLP Browne Jacobson LLP

Name: Anastasia Sarris Name: Gerard Hanratty

Tel: 0207 400 80000 Tel: 0330 045 2159

Email: anatasia.sarris@bristows.com Email: [email protected]

Address: 100 Victoria Embankment Address: Mowbray House London Castle Meadow Road EC4Y 0DH Nottingham NG2 1BJ

Capsticks Solicitors LLP Clyde & Co

Name: Andrew Rowland Name: David Hansom

Tel: 0208 780 4760 Tel: 0207 876 4127

Email: [email protected] Email: [email protected]

Address: 1 St Georges Road Address: The St Bodolph Building London 138 Houndsditch SW19 4DR London EC3A 7AR

DAC Beachcroft LLP ELS

Name: Anne Crofts Name: Katie Bray

Tel: 0207 7894 6531 Tel: 0333 013 2305

Email: [email protected] Email: [email protected]

Address: 100 Fetter Lane Address: Seax House London Victoria Road South EC4A 1BN Chelmsford Essex CM1 1QH

Hempsons Hill Dickinson

Name: John Holmes Name: Chris Parsons

Tel: 0207 839 0278 Tel: 0151 600 8000

Email: [email protected] Email: [email protected]

Address: 100 Wood Street Address: No. 1 St Paul’s Square London Liverpool EC2V 7AN Merseyside L3 9SJ

Mills & Reeve LLP Radcliffes LeBrasseur

Name: Jill Mason Name: Michaela Nicholas

Tel: 0121 456 8367 Tel: 0207 222 7040

Email: [email protected] Email: [email protected]

Address: 78-84 Colmore Row Address: 85 Fleet Street Birmingham London West Midlands EC1Y 1AE B3 2AB

Sintons LLP Trowers & Hamlins LLP

Name: Amanda Maskery Name: Hilary Blackwell

Tel: 0191 226 7838 Tel: 0207 423 8366

Email: [email protected] Email: [email protected]

Address: The Cube Address: 3 Bunhill Row Barrack Road London Newcastle Upon Tyne EC1Y 8YZ NE4 6DB Ward Hadaway

Name: Stuart Craig

Tel: 0191 204 4381

Email: [email protected]

Address: Sandgate House 102 Quayside Newcastle Upon Tyne NE1 3DX

6.3 Appendix C – Responsibilities Matrix Month 1 Month 2 Month 3 Month 4 Month 5 Month 6

Initial Submit Complete Finalise Respond to Host Site Quality Evaluation Short List for Attend Award 10 Day Agree Sign Mobilisation Framework Access Mini-Comp Mini-Comp Mini-Comp Visit Presentation Presentation Decision/ Stand Contract Contract and Go Live Trust Enquiry Agreement Documents Documents Queries Ratification Still

Share Set Access Respond to Check and Respond to Download Commercial Invite for Issue Intent 10 Day Draft Issue

Framework to Template Completion Issue Mini- Mini-Comp and Share Evaluation Presentation to Award Stand Contract Contract LPP User Guide Documents Queries Competition Queries Responses Letters Still

Complete Mini-Comp Returns Attend Site Submit Mini- Attend 10 Day Sign Mobilisation Supplier Visit Competition Presentation Stand Contract and Go Live Response Still

LPP has a number of template documents LPP can issue your mini-competition for Mini-competition responses will be sent to From your evaluation 3-4 suppliers should Following the presentations your evaluation LPP will draft your contract based on the which can be used for the mini-competition. you through our e-tendering portal and our e-tendering portal. We will share these be short listed for presentation. This will should be completed. The evaluation response and outcome of your mini- Trusts can amend, replace or keep the work with you to structure responses to responses with you along with an allow you to meet the proposed team which document should be sent to LPP which will competition. This will be sent to you to templates as is. These documents are your Standing Financial Instructions. We evaluation template. The LPP team will will deliver your contract and also ask any issue the intent to award letters. A 10 day check and once agreed will be sent to the intended as a guide to help trusts outline will act as first contact for all queries undertake the commercial evaluation while final clarification queries you may have. stand still period will then begin. The trust’s supplier to sign. You may wish to engage their service requirement. The LPP team regarding the mini-competition and forward your Trust scores the responses to the ratification process should be followed your legal team should you make extensive Notes can answer queries regarding the template any which require your input. These should questions asked. before a contract can be awarded. changes to the LPP template contract. documents and provide advice but can not be answered within 48 hours of receipt. They will then send you a copy to define your service requirement for you. Site visits should be arranged for all countersign. Once the contract is signed suppliers early in week 2 of your mini- you will enter the mobilisation period. competition. Timescales for this will depend on service and award decision. Following mobilisation your contract will go live.

6.4 Appendix D – Customer Access Agreement (CAA)

Customer Access Agreement is provided on request and should be completed along with the Rate Access Request form (also available on request) and returned to NHS LPP. If the Participating Authority is calling off directly from the framework the Rate Access Request form should also be sent to the selected Supplier.

6.5 Appendix E – Mini Competition Documentation

1. Mini Competition Instructions Available following completion of the Customer Access Agreement (CAA) in Appendix D.

2. Abstract of Particulars Available following completion of the Customer Access Agreement (CAA) in Appendix D. Participating authorities to complete.

3. ITT Questions Participating authorities to create

4. Specification Available following completion of the Customer Access Agreement (CAA) in Appendix D.

5. Pricing Schedule Participating authorities to create

6. NHS Conditions for the Provision of Available following completion of the Services Customer Access Agreement (CAA) in Appendix D.

7. Signed Document Set Available following completion of the Customer Access Agreement (CAA) in Appendix D.

6.6 Annex 1 – Supplier Profiles

Full supplier profiles are available as a separate document on request.