NEL DOMICILIARY CARE SERVICES ITT Question & Answer and Amendment Matrix

AMENDMENTSNumber Date Section Amendment1 29.12.14 PQQ Part 2 – Technical Resources &

ReferencesQuestion 2.11 should read “Please provide details of ALL Default Notices issued by Authorities for contracts listed in 2.10 above using an additional sheet of paper if necessary” and not refer back to question 2.8.

BIDDER EVENT: QUESTIONS AND RESPONSESNumber Date Question raised Commissioner Response1 27.11.14 I think the most obvious one was the

fixed hourly rate as in the past we have been asked to put the best price forward so how do you intend to do that? Do you fix the price and tell us what it is going to be?

In the first part of the tender process, in the PQQ, there are two questions relating to finance. The first one is if you feel that you can deliver the service within a particular range which is written as £10.50 to £11.88 and a supplementary question asking you where within that bracket, within a 50p range, you would see your organisation fitting. So you have an independent opportunity to put forward where you see yourself. That will be then considered by the commissioners and then in the second part, in the ITT, we will issue a single fixed price, which is day/night/weekend for consistency and as we’ve mentioned previously, across all lead providers and approved.

2 27.11.14 So you offer us a range and we then pitch ourselves within that range?

In the first part, in the PQQ, yes you will do that and then in the ITT a single price will be issued as part of the tender process.

3 27.11.14 So you can go 50p over or 50p under? No, it has to be within the range of between £10.50 to £11.88 – you can choose any 50p range within that bracket and say as an organisation we sit within that 50p range within that wider bracket.

4 27.11.14 With regards to the 9,500 hours, my concern is, and I appreciate in the tender it says don’t rely on these figures, but going back 4 years when the initial 5 tenders were issued within North East Lincolnshire it was some 13,000 care hours and now we are down to 9,500. My concern is that with the cut backs we’ve got, and will probably continue to see over the next few years, how does the CCG see their commissioned hours going over the next 3 to 5 years because we’re going to be budgeting now and its important to know if the hours are going to drop?

This is something that we have been incredibly conscious of and we know that we got this wrong 4/5 years ago whenever we did it. It was an honest mistake but it was a mistake and the issue of volume has been a recurrent one through the management of existing contracts. We have listened to the issue on volume which is one of the reasons which we are trying to go down to 3 lead providers to offer a greater volume in terms of greater sustainability. The hours we displayed on there are the hours we are currently commissioning and currently paying for so you can have some assurance in that. The issue has always been the kind of residual number of hours that have been retained within the approved providers that haven’t gone to the lead providers as we expected. We are hoping that through this procurement exercise a lot of those issues will be ironed out. Especially at the moment we have some residual contracts with approved providers that are way above the hourly rate of our leads. This exercise will sort that out. So I suppose that one scenario would be that if an approved provider does get through the PQQ and ITT stage but doesn’t win one of the 3 areas, they will have a decision to make whether to continue to operate but to come in with that hourly rate or to hand that work over to one of our lead provider agencies. Plus, there will be a lot stricter monitoring of new care packages agreed. All new care packages agreed will be directed towards our lead providers and we envisage that they will take up an increasing percentage (up to 100% over the life of the contract) of all state funded care packages. I suppose in essence what I’m saying here is that the work left over here that won’t be with the lead providers will be mainly the self-funding market. I can’t give you a cast iron guarantee because of flexing up and flexing down with reviewing of

care packages etc and other changes within the care sector, but I can give some assurance that that it is a real figure in terms of current hours being commissioned and the demographics speak for themselves and you can extrapolate what you will from that.

5 27.11.14 Do you see over the next 3 to 5 years though further shrinkage in the amount of hours within those cut backs, as obviously its gone from 13,000 down to 9,500?

No, we have gone through a pretty hefty reviewing process now in terms of existing care packages. We don’t think that existing care packages will shrink and in terms of demographics there’s clearly lots of demand in the pipeline. It’s incredibly difficult for us as commissioners (I know you won’t feel particularly sorry for us) but we are trying to balance these challenges. Our budget is fixed – its not variable. We have to come in within a fixed budget so clearly we’ve designed the process that’s been laid out for you with that in mind.

6 27.11.14 So what you’re saying is, now you’re going from 5 lead providers to 3, so obviously it will be the bigger providers that stand more chance of getting anywhere with the tender because they haven’t got the facilities, staffing issues, whatever?

No, we don’t think that is the case. That is not how the tender has been designed. Everyone has got an equal chance in this. We envisage that if there is a transition between one provider to another as a result of this exercise, then most of those issues will be dealt with by TUPE transfer.

7 27.11.14 What about the last procurement session that we dealt with when we went to 5. One area was taken off and it was given to a specific company and we were told that it was because it was a trial. Is that likely to happen again?

No, I can’t speak for what happened in the previous tender as I wasn’t here at the time. We have set out really clearly how we intend to run the exercise and the outcome it will deliver will be 3 lead providers for the area.

8 27.11.14 With regards to the hourly rate, will there be an increase with inflation on a yearly

We have stated in one of the documents that any uplift during the contract term will be at the discretion of the commissioner so that will

basis or will that be set in the contract? be part of the annual process and discussion and ongoing dialogue that we currently enjoy with our lead providers.

9 27.11.14 Any idea on how many approved providers you will be looking for?

No, we are going to wait and see what the process delivers to us in the tender stage. Originally we had some numbers flying around as to how many we would like, but the project group decided that when it comes to the tender process it will be the 3 highest for the lead providers and then other providers meeting the minimum requirements (we will be setting a benchmark for minimum requirements) and who achieves over and above that will be asked if they would like to be included as an approved provider.

10 27.11.14 Have you set a timeline yet for when you do get into transfers etc. as at the last one, it was set but changed because it wasn’t working – is that yet set in stone?

We tried to map through the different scenarios and it depends on ultimately who comes out successful from the process and that’s why we’ve given ourselves, we’ve built ourselves in a pretty hefty 6 month transitional period, but it all depends on the outcome of the exercise on how we will manage that.

11 27.11.14 So it could change? I think the overall quantum in terms of the timescales that we’ve put forward won’t change –that’s the timescales that we want to do it in. It might be shorter depending on who is successful.

12 27.11.14 Just to go back on that last point about numbers, can a single provider bid for all 3 and win all 3?

No. What we have said is that you can certainly bid for all 3 but in the tender process you will have to put them in an order of preference but we are only intending to award one geographical area to one individual provider. We definitely want 3 different organisations as Leads. It is one of things that we wrestled with, but in terms of making sure that in the event of a catastrophic provider failure that we had other providers capable in terms of volume in the area to pick up the work and we felt that 3 was the right number in terms of the balance.

13 27.11.14 Can I go back to the lady’s point earlier about TUPE – have you requested the TUPE data and when will it be available?

I have got initial TUPE information. I didn’t feel it was appropriate to send it out at the pre-qualification stage but it will be going out with the invitation to tender.

14 27.11.14 Do the service users have any choice as to who they use as a provider or is it clearly down to you?

Again this is a question we wrestled with and looked into the best practice of the personalisation drive across the country and I think what we are coming to is a definition within North East Lincolnshire that choice and control doesn’t mean choice of provider.

15 27.11.14 So what will be left for approved providers?

They will be free to operate within the self-funding market. People that have got a particular reason why they wouldn’t want to go with our lead provider, could be personal reason or relationship reason, will be looked at individually - it will be the exception rather than the norm. We are really concentrating on volume through this tender if I’m honest and that’s had to take precedent in terms of the overall affordability.

16 27.11.14 I noticed in the documentation about sub-contracting. As currently one of the lead providers we are sub-contracting at the moment and it’s working quite well. Are we allowed to enter into agreements with current approved providers for the tender?

Sub-contracting is entirely up to you and we won’t be scoring that one way or another – it is not a scored question we won’t say you use them so we will score you down. Its just for information, so you are free to join consortiums, use sub-contractors as you wish to deliver the spec.

17 27.11.14 So there will be no weighting? No. As long as you demonstrate that whatever we ask for in the spec can be delivered by yourself and/or the subcontractor that’s fine.

18 27.11.14 Do the sub-contractors have to go through this system as well?

No.

19 27.11.14 So they can sub-contract to anybody that’s not on the approved list?

We had this discussion the other day. We would prefer it through an approved obviously, but we can’t determine who you are going to use and that they should go through a process as well. Subcontracting will be whoever you deem fit. Obviously regulated by CQC, etc. etc.

20 27.11.14 If the lead provider can sub-contract to other providers can they be part of the tender process? If you are going to bid for a lead provider you need to start to talk to other organisations that could potentially subcontract to you as lead provider and also be part of the tender process.

It sounds a little bit like a consortium. A consortium is obviously different to a sub-contract. If a consortium you won’t be able to bid individually as well as in the consortium. However, if you are subcontracting a company we can’t stop your potential sub-contractor bidding, legally or otherwise. We would have to be careful that collusion doesn’t crop up as an issue, but generally with sub-contracts they can bid on their own as well. We are all for alliances in contracting if you’re working together to deliver within what is available.

21 27.11.14 With the new geography in terms of those you’ve set, is there going to be a requirement for providers to have premises within that zone?

We would want a local office within North East Lincolnshire but it doesn’t necessarily have to be within your locality area. I would add the word “visible” to that - it needs to be a visible centre to your operations.

22 27.11.14 Going back to your question on £10.50 to £11.88 – is that a pass or fail?

Yes, the first question within the PQQ is are you able to operate within that price range which is a pass/fail question.

23 27.11.14 So if we all say no, is there a renegotiation on price?

We would obviously have to take that away and understand what the market is telling us.

24. 27.11.14 Call monitoring systems – will we have to use a specific system to one you’re asking or can we use any? Will you be invoicing from that?

We are hoping to in the future but it’s in development. If you’ve got an existing ECM, then that’s ok for the time being. We have set out in the specification what your ECM has to deliver but it can be any type of ECM that you have or want to invest in. It has to be certain outcomes that are laid out in the specification.

25 27.11.14 But you’re looking at putting some system in so obviously those who have got existing ECMs will have to change will they?

In the future, an ideal world would be that everyone operates the same system that talks directly to our invoicing systems. We don’t envisage that we will be surprising you with it within the life of the contract and say you must now have this. Existing systems will suffice for the life of the contract.

26 27.11.14 Do the hours for each locality area include Continuing Healthcare hours?

Yes, the hours mentioned in the presentation are for both adult social care funded and Continuing Healthcare package hours. Just to reiterate, the figures given are best estimates only and are not guaranteed and therefore should not be relied upon.

PQQ QUESTIONS AND RESPONSESNumber Date Question raised Commissioner Response1 01.12.14 Can you please explain what you mean

by the Authorised Person - is this the point of contact for the PQQ submission or who will sign the contract

The authorised person can be anyone who has authority to represent the organisation, not necessarily the person who will sign the contract if successful.

2 02.12.14 Is billing on a minute-by-minute basis or banded. If banded, can you confirm the bands to be used eg 15 minutes

Billing is in 15 minute blocks, as long as it is within the contractual hours.

3 03.12.14 Will the time taken for journeys between visits be paid at the final agreed fixed rate which will be determined through the procurement process? If not, can you explain the following statement 'remuneration sufficient to comply with minimum wage legislation including time spent travelling between appointments'.

The commissioner expectation is that the provider will remunerate its staff fairly in line with the principles set out in the Burstow Report and the UK Home Care Association. The Commissioner will seek confirmation through the tender process that the provider has built travel costs into its business model and intends to remunerate staff for time spent travelling between calls in line with the national minimum wage. The provider will need to build these costs into its overall operating model and reflect this in the price it submits to the commissioner in the PQQ process.

4 04.12.14 Do you require a copy of confirmation of insurance or a copy of the actual policy itself?

A scanned copy of the relevant insurance certificate(s) will suffice.

5 04.12.14 A travel time payment was mentioned in the bidder's day slides. Please can you provide more information on how this will work under this contract? Would this be in addition to the fixed hourly rate?

The commissioner expectation is that the provider will remunerate its staff fairly in line with the principles set out in the Burstow Report and the UK Home Care Association. The Commissioner will seek confirmation through the tender process that the provider has built travel costs into its business model and intends to remunerate staff for time spent travelling between calls in line with the national minimum wage. The provider will need to build these costs into its overall operating model and reflect this in the price it submits to the commissioner in the PQQ process.

6 09.12.14 As the equality impact assessment was removed in April 2011 when the single equality duty was introduced. Is it appropriate instead to satisfy question 4.2 by demonstrating “due regard” in accordance with current legislation in avoiding discrimination, promoting equality of opportunity for protected groups when making policy decisions?

NELCCG are required to take account of the differing needs of people with protected characteristics under the Public Sector Equality Duty. To ensure CCG Providers meet this requirement it is a contracted requirement for them to undertake Equality Impact assessments in order to provide the CCG with relevant assurance.

7 09.12.14 Will the hourly rate be paid for both contact & travelling time?

No. The commissioner expectation is that the provider will remunerate its staff fairly in line with the principles set out in the Burstow Report and the UK Home Care Association. The Commissioner will seek confirmation through the tender process that the provider has built travel costs into its business model and intends to remunerate staff for time spent travelling between calls in line with the national minimum wage. The provider will need to build these costs into its overall operating model and reflect this in the price it submits to the commissioner in the PQQ process.

We would like to take this opportunity to remind providers that “payment for travel time” is a requirement of regulation 15(2b) of the National Minimum Wage Regulations 1999. The Department for Business Innovation and Skills provides guidance based on the regulations on the gov.uk website which sets out what counts as working time when calculating national minimum wage. This guidance says that for all types of work, working time includes ‘travelling from one work assignment to another’

8 09.12.14 Will ECM be used to pay actual visit times or contracted times i.e 28 mins or 34 mins for example on a contracted 30 minute visit

We do not intend to move to ECM driven “per minute” invoicing.

9 09.12.14 What are the geographic boundaries of the new areas?

As stated in the MOI, please refer to the Service Specification at Annex A for additional information, which includes a map of the geographical areas.

10 09.12.14 Are the hours stated in the MOI actual paid for hours or the number of theoretical hours if all hours on all packages were fulfilled?

The hours stated in the MOI are current commissioned hours for those areas.

11 09.12.14 Please confirm NHS pensions arrangements will not apply to TUPE transfer of non NHS staff?

The CCG is unable to provide advice on TUPE transfers. Bidders are advised to form their own view on whether TUPE applies, obtaining their own legal advice as necessary throughout the process.

12 09.12.14 Will the local authority make it a condition of any contract that service users must allow the use of home telephones for the purpose of executing ECM?

We do not intend to introduce this as a condition however we will encourage service users to allow providers to use land lines where their systems require it. Individual providers will also be required to use their own mechanisms to maximise uptake of ECM.

13 09.12.14 Will the local authority provide a transcript of the provider / bidder

A full transcript was published following the event and can be found at http://www.northeastlincolnshireccg.nhs.uk/e-procurement/domiciliar

meeting held on 27 November 2014. y-care-service/

14 10.12.14 Are there any word limits to any of the questions asked?

No, there are no word limits set for any of the questions in the PQQ.

15 10.12.14 Is the maximum monthly allocation of 750 hours for just checking for each area or is this across the whole of North East Lincolnshire?

This is a maximum monthly allocation per geographical area.

16 10.12.14 Are we able to use the NELCCG as one of our three referees if we have a current contract with you?

We appreciate that some providers’ current services may be predominantly with NELCCG and as such, the referee may be an NELCCG employee and this will be allowed. However, bidders should be aware that if the named referee is directly involved in the procurement or evaluation process, they will have to decline. Bidders will need to check with the referee beforehand. Bidders are advised that our partner organisations may also act as referees.

17 10.12.14 How did the NELCCG arrive at the price range of £10.50 -£11.88 bearing in mind that the UKHCA published a minimum price for homecare of £15.74 per hour taking into account minimum wage and other obligations to provide a quality service?

North East Lincolnshire CCG has an on-going challenging budget with which to purchase Care at Home services and has taken various sources of information into account, both National guidance and the Local economic environment including the offering of a single rate and increase in volumes to providers.

18 11.12.14 Eligibility to Submit Tender - Does this document need returning prior to the return of the submission? If so can it be emailed or posted.

No. Annex I – Eligibility to Submit Tender needs to be printed, signed and dated and returned with the other signed Annexes, along with the PQQ (via post) on or before the published deadline.

19 18.12.14 Can a direct payment customer be used as a referee?

In order for providers to demonstrate suitability for this type and size of contract, as stated, referees should be organisations.

20 18.12.14 Is it possible to hand deliver completed PQQ's (memory stick and paper copies of

Yes, hand delivered submissions will be accepted as long as the conditions set out in the published MOI are met.

appendices) to NELCCG at Athena?21 19.12.14 On question 2.15 under the column

entitled Tender Price - do you want the hourly rate that was bid on the successful tender?

No, the tender price should be the total contract value, not the hourly rate.

22 19.12.14 On question 2.15 under the column entitled Value to Date - do you require the value to date from day one of the contract until now or will the current Annual value suffice?

Yes, the value should be the total value from the start of the contract to the date you input the figure, not the current annual value.

23 22.12.14 What training would you expect to be delivered as safety training as described in question 5.5?

It is up to bidders to determine which aspects of their proposed Domiciliary Care service requires safety training in relation to H&S and describe appropriately.

24 23.12.14 The ability to use individuals as referees from NELCCG is restricted (see PQQ Q&A matrix question 16) and we are not able to ask individuals who use our services through direct payment as referees (see PQQ Q&A matrix question 19) therefore we feel that this question poses difficulties for local providers to meet. Could we ask that you review the expectation regarding this question?

As explained in the response to question 16, an individual directly involved in the procurement process will not be able to give a reference to a bidder. However an individual not involved in the procurement may be approached to provide a reference on behalf of NEL CCG.

Bidders can use a suitable organisation that they work with, regardless of whether there is a direct contract in place. This could be as a partnership, group, consortium etc. Due to the varying and wide range of agreements that may be in place, bidders need to assess who they deem appropriate to act as referees.

As answered in question 19, due to the size and nature of the contract, references from individuals receiving direct payments are not appropriate.

25 23.12.14 On question 2.15, can you please explain what you mean by the tender price?

As previously explained at Question 21 dated 19.12.14, the tender price should be the total contract value (not the hourly rate).

26 23.12.14 On question 2.15, would the project Yes, the Project Manager would be the commissioner or any nominated

manager be the commissioner, or contract manager?

person within the organisation who is willing and able to provide a reference for you.

27 23.12.14 I can find no reference to domiciliary care in the IG Toolkit is this a requirement for this tender? If so, please advise as to the correct organisation “type”.

Yes, completion of the IG Toolkit will be essential for successful bidders. Full details of the requirements can be found at https://nww.igt.hscic.gov.uk/ where if not already registered, you can register. The IG Toolkit assessments must be completed and published by all bodies that process personal confidential data of citizens who access health and adult social care services and therefore does include domiciliary care providers. Upon registering providers should be asked the nature of their business and then the system will allocate an appropriate type, if not, providers will have to speak to the IGT helpdesk.

ITT QUESTIONS AND RESPONSESNumber Date Question raised Commissioner Response1 26.01.15 Please can you clarify the three Lot areas

geographical boundaries as the map does not make it clear where they are.

Having reviewed the map the key is at the bottom of the map for the 3 areas and the areas are outlined in thick coloured pen in the appropriate colour. Each existing area is clearly labelled as well (i.e. Heneage, East Marsh etc.)

2 26.01.15 Please can you advise the Actual number of hours delivered in each area over the last five years.

Unfortunately we are unable to provide the Actual number of hours over the last five years. These are new geographical areas to be created and not existing areas so the information is not available. As stated in the tender questionnaire, we have given the approximate number of commissioned hours per week for the new geographical areas for you to use as a guide.

3 30.01.15 What arrangements are being made for Initial TUPE information was provided within the tender documents at

the sending out of the TUPOE information?

Annex F of the MOI. As mentioned within the MOI, this information was provided in good faith by existing lead providers at the time of writing the MOI and NELCCG cannot be held liable for the accuracy of the data. It is the responsibility of bidders to seek their own legal advice and validate the data for themselves at the appropriate time.

4 30.01.15 Is it North East Lincolnshire Council's intention that current approved providers will retain their existing work?

No, as discussed at the bidder event back in November, all existing state funded placements will be transferred across to the new 3 lead providers following successful award of contract. The CCG and Focus Social Care will support individuals in their transfer. In the earlier Q&A from the bidder event it was explained that lead providers will have an increasing percentage of the market (up to 100% over the life of the contract).

5 30.01.15 Part two carries the weighting 'X4' but within Part 2 itself questions 2.9 and 2.10 are also noted as carrying a 'x4' weighting. Does this mean that these two questions carry a 'x14' weighting?

The scoring of tenders is somewhat complex and difficult to explain. However, no those two questions do not carry a ‘x14’ weighting as you think. Question weightings are calculated first and each section then receives a score. This score is then carried forward to the score sheet and converted to an overall percentage. The percentages then become the final score with applicable section weightings (i.e. a section with 5 questions, 2 of which are weighted by 4 gives a maximum score available for that section of 110 points. If someone scored 5 in 3 of the questions and 8 in the 2 weighted questions they would achieve a score of 79. This 79 would be carried forward for the section and would be converted to a percentage of 72%. The 72 would then become the final score, but weighted by 4 giving a total of 288 for that provider, which is then added to all other section scores. This is a proven method of scoring to ensure the process is fair.

6 30.01.15 Question 5.2 - Can you please expand on what you mean by "giving examples of systematic improvements which have been previously implemented"?

The question you are referring to is Question 5.3 not 5.2. We are looking for examples of where bidders have identified national/local changes to policy and embedded them into their service. Additionally examples of where other quality improvements have been implemented within the service that have resulted in changes to

processes/systems.7 30.01.15 The 2015/16 Standard NHS Contract is

not yet available through the link provided. The standard 2014/15 NHS contract does not provide specific information and allows the NELCCG to fill in specific details. These details may be important to the tender process. In view of this please will you let us have a copy of the specific proposed contract.

Yes you are correct, the 2015/16 contract is not yet published which is the one will be using. We are unable to provide any other contract details at this stage as the contract will be tailored for the service and will be worked up with successful bidders at the time of contract award. All performance and quality requirements will be pulled from the specification which you already have. The general terms and conditions will be very similar to the 14/15, but the DoH will publish the amendments separately once the contract has been published.

8 30.01.15 What percentage of available hours will be contracted to go to lead providers? Over the last three years over 15% of hours have been allocated outside the lead provider network. Will the contract specify that the lead provider will get all hours within their designated area?

As previously discussed in the bidder event and the subsequent Q&A, it is envisaged that 100% of state funded packages will be contracted to the 3 lead providers over the course of the contract. Obviously there is no guarantee as there may be times that lead providers (for whatever reason) are unable to service the package. Packages that are not accepted by the Lead Providers will be recorded, monitored and discussed with the relevant Provider as part of the performance reviews.

9 30.01.15 Please will you tell us the total hours of Domiciliary Care purchased by NELC for each of the last five years? These figures should be prepared on the same basis as the estimate of 9,500 hours per week for August 2014.

We do not have this data available in such a simple format. Of course we know the total quantum for each year but as current providers all operate on different unit costs and we also have to take into account CHC funded hours, there is no simple way of providing a definitive list of commissioned hours. The information contained in the tender documentation is as accurate as is currently available.

10 30.01.15 Please will you provide us with projected figures for annual domiciliary care hours to be purchased by NELC for each year of: the year to March 2015; the year to March 2016; the year to March 2017 and

This data is not available. However the hours stated in the documentation are a reasonable guide to future commissioned hours.

the year to March 2018? These figures should be prepared on the same basis as the estimate of 9,500 hours per week for August 2014.

11 30.01.15 How many hours of domiciliary care work did you pay for in Sidney Sussex ward in August 2014?

ASC commissioned hours indicate approximately 1080 hours (week data 270 hours x 4)

12 30.01.15 How many hours of Domiciliary Care per week did you pay for in Sidney Sussex ward over the most recent six months for which you have figures available?

This data is not available

13 30.01.15 MOI 5.2 states that the contract will initially be set from 1st June 2015 to 31st May 2018. This appears to mean that the new lead providers will not get any work during the first six months of the contract as the existing lead providers are already contracted to do this work until 30th November 2015; hence the actual contract duration will be two and a half years (i.e from 1st December 2015 to 31st May 2018). Is this interpretation correct?

The contract will be for 3 years from whatever date we are able to agree as the commencement date. There will also be provision to extend for 2 further years so long as the provider and commissioner agree that this is desirable.

We have allowed for a 6 month transition period to ensure we have sufficient time to sensitively manage process. The timing and sequencing of contract transition will depend on which providers are successful and on the discussion and negotiation between outgoing and incumbent providers. We will attempt to secure a mutually agreeable date during the transition period so that staff and service users enjoy a smooth transition.

14 30.01.15 States "NELCCG will authorise invoices within 28 working days of receipt of a valid invoice; the invoice will not be considered valid if it is produced in advance of the time period it relates to". This does not specify when invoices will actually be paid. When will invoices

As set out in 5.6 of the MOI “Payment Mechanism”, payment to provider(s) will be 4-weekly in arrears on production of invoices and activity/performance information.

Payment runs are processed Monday to Thursday and from the payment being processed by the Council the banking system can take up to 5 working days for the monies to show in the bank (normally

actually be paid? As the contract is specifically 24/7, can we interpret a working day as an actual day, or is it Monday to Friday excluding Bank Holidays?

shows in the bank within 3 working days).

15 30.01.15 The current credit period is no more than 15 working days after receipt of a valid invoice. If a working day is defined as Monday to Friday, excluding Bank Holidays, then you are now asking for a credit period which is nearly three weeks longer than the current credit period. This additional three weeks credit is on the assumption that invoices are paid immediately after authorisation. If there is a delay between authorisation and payment then the situation is worse for lead providers. A three week additional credit period is an increase in working capital requirements for each lead provider of approximately £100.000. If every day is defined as a working day, in line with the rest of the contract, then you are asking for an additional weeks credit which equates to a Working Capital Increase of c£35,000. The current contract stated that weekly payments should be achievable when ECM was introduced. In view of this, why are you now asking for a longer credit period?

Awaiting response.

16 30.01.15 Previous answer in PQQ question / We do not intend to move to ECM driven “per minute” invoicing for the

answer said that ECM will not be used to pay by the minute. The paper "Domiciliary Care Financial Information" states "An Electronic Call Monitoring System will be mandatory throughout the contract for lead providers and providers will be paid according to the time spent delivering care and support to service users as per ECM records." What does this mean? For example: If a 30 minute call actually takes either 25 or 35 minutes? How will this impact on payment of invoices.

life of this contract. Providers will be paid in 15 minute blocks as long as it is within the commissioned hours. The ECM records will assist the CCG in monitoring the relative consistency and quality in terms of performance.

17 12.02.15 There is uncertainty regarding the situation of current staff who straddle more than one of the new locality areas for this contract, please could you clarify who these staff will TUPE across to?

Unfortunately the CCG is not able to give TUPE advice. Bidders will have to seek their own advice from experts in TUPE law. Once we know who the successful bidders are we have built in sufficient time for these details to be ironed out.

18 12.02.15 Please could you provide a list of all organisations who have been invited to tender allowing organisations to begin to work together to resolve issues with TUPE?

Successful bidders will be announced at the appropriate time at the end of the procurement process, we are not able to advise who has or hasn’t been invited to tender at this stage. It clearly states in Section 6.1.6 of the ITT MOI that bidders should not be having discussions with regards to their responses and also in the submission guidance at the beginning of the ITT questionnaire point 7 that “Applications must be treated as private and confidential. Applicants must not disclose the fact that they have applied or release details of the application documents other than on an ‘in confidence’ basis to those who have a legitimate need to know or those of the Applicant’s professional advisors whom they need to consult for the purpose of preparing the application”. Bidders will have time following award of contract to resolve any TUPE issues.

19 12.02.15 The ITT confirms that there will be a 27% reduction in commissioned hours per week. Can confirmation be provided as to how this will affect the current workforce, will there be a need to reduce this by 27% and if there is a need for redundancies were the costs for this will be met?

This statement is incorrect as the ITT does not confirm a 27% reduction in commissioned hours. The hours provided are existing commissioned hours and therefore there should be no change to the staffing levels necessary to deliver the service. The CCG does not envisage providers having to make any redundancies as a result of this procurement unless due to individual bidder company restructures.

20 12.02.15 Referring to the TUPE information provided in Annex E there are some inconsistencies and missing detail in the data and a request is made for the following information:WOLDS•Clarification is required on zero hour contracts as there is a lack of consistency on the spreadsheet - for example some information states zero hours then advises full time.•Details of the pension scheme and the employer contribution rates•There are 3 positions stating Directors Salary namely the Training Manager, Registered Manaager and Finance Officer. As they are showing as Directors Salary it is assumed this is not part of TUPE can it be confirmed that this is correct?HAVERSTOE•Details of the pension scheme and the employer contribution rates.•There are gaps in the 115 carer staff

TUPE information provided as part of the ITT pack was provided in good faith by current providers at the time of writing the MOI and the CCG cannot be held liable for the accuracy of the data. In an attempt to standardise the responses from the lead providers some information was omitted from the original spread sheet and we now attach all additional information that was provided, which hopefully answers some of your queries. I will endeavour to seek further clarification and will update this response when I have the information to hand. Updated TUPE annex F will be emailed to all bidders under separate cover and will not be published on the website for obvious reasons.UPDATE 26.02.15Additional Information provided from existing lead providers:

WOLDSAlthough staff are on zero contract I have put the amount of hours they undertake on average over each month and stated if they prefer full time or part time.The information you require regarding staff pension. The company contributes 1%Updated spread sheet – to be emailed under separate cover.

HAVERSTOENo additional information received from existing provider.

information can the remainder of this information be produced and could the exact rate individuals are paid and the mileage rate please be provided?•There are gaps in the 8 admin staff information can the remainder of this information be produced and could the exact rate individuals are paid and the mileage rate please be provided?IMMINGHAM•Clarification is required on zero hour contracts as there is a lack of consistency on the spreadsheet - for example some information states zero hours then advises permanent employment.•Detail on the % of time individuals spend on this speciifc contract•There are some gaps in sickness payment terms and conditions can this detail be provided?FIVEWAYS•Clarification is required on zero hour contracts as there is a lack of consistency on the spreadsheet - for example some information states zero hours then advises permanent employment.•Details on the pension scheme and the employer contribution rates.•Details on the mileage rate.•For some staff: Leave states based on time served. Can this detail be provided?

IMMINGHAMWith regard to the point regarding zero hours contracts and permanent employment: Currently all of our care workers are employed on zero hours contracts which mean that they work variable hours dependent on work available and selected availability of the individual care worker. However, just because they are on zero hours does not mean that they are temporary employees. All are treated in employment law as permanent employees, with the same rights and responsibilities as salaried employees.Updated spread sheet – to be emailed under separate cover.

FIVEWAYSThe Holiday Year for Standard Allied carers is October to September, holiday pay is based on 12.07% of Gross Pay worked.ACE Carers and HICA Carers holiday pay is paid at an average daily rate based on preceding 12 weeks pay.The Standard Auto Enrolment Pension applies, 1% Employee contribution and 1% Employer contribution, if they meet the qualifying criteriaUpdated spread sheet – to be emailed under separate cover.

CENTRAL+ rates are applied on hourly rates on Saturdays and Sundays. Monday to Friday rate of pay id £6.50, weekends rate of pay is £7.25 per hour.Rows 114 / 115 was not applicable as new starters, has now been amended as per attached spreadsheet.The pension is via NEST and employer and employee both contribute 1%.Mileage rate is paid at 20p per mile.Updated spread sheet – to be emailed under separate cover.

•For some staff: Sick pay states as per contract. Can this detail be provided?•Detail on the % of time individuals spend on this specific contract.CENTRAL•Clarification is required on zero hour contracts as there is a lack of consistency on the spreadsheet - for example information states zero hours then advises permanent employment. •Row 82 SW - detail of pay•Detail of when the + hourly rates are applied.•Two posts do not have the notice period stated - rows 114 and 115, can the detail be provided as to why this is not applicable.•Details on the pension scheme and the employer contribution rates.•Details of the mileage rates paid.

21 19.02.15 Is it possible to have the postal codes for each area please in order that we can clearly establish the boundaries?

This information is currently being updated and we will let bidders have it as soon as it becomes available, which unfortunately may not be before the closing date given the late request.

22 20.02.15 In response to Question 4 on 27/11/14 you state that "if an approved provider does get through the PQQ and ITT stage but doesn't win one of the three areas, they will have a decision to make whether to continue to operate but to

No. As previously responded on 30.01.15, as discussed at the bidder event back in November, all existing state funded placements will be transferred across to the new 3 lead providers following successful award of contract. The CCG and Focus Social Care will support individuals in their transfer. In the earlier Q&A from the bidder event it was explained that lead providers will have an increasing percentage of

come in with that hourly rate or to hand that work over to one of the lead agencies". Does this mean that approved providers will be able to retain work indefinitely if they so choose. In which case, how are you able to give 100% of the work in any area they are awarded.

the market (up to 100% over the life of the contract).

23 20.02.15 To reduce large section repetition are we able to cross reference amongst answers within Section B?

No, sometimes we ask experts in certain fields to evaluate specific questions and if that is the case, then they will only receive the response to the particular question they are evaluating. Therefore if you refer to Question XX they may not have the response to evaluate resulting in a negative score.