FOI/25/183

Request

1. Compliance with Public Contracts Regulations 2015: Please provide information on how the Trust ensures that the awarding of contracts under Lot 1 of the Workforce Alliance RM6281 framework adheres to the Public Contracts Regulations 2015.
2. Non-discrimination and Fairness: How does the Trust ensure that it does not discriminate or act unfairly towards suppliers when selecting contractors under this framework?
3. Supplier Invitation: Does the Trust invite all approved suppliers under the framework to bid or supply services, as stipulated by the framework’s rules? If so, could you provide evidence or examples of this process in practice?
4. Supplier Selection Process: Please outline the legal justification the Trust uses when selecting certain suppliers while excluding others under the Workforce Alliance RM6281 framework.
5. Compliance with Selection Criteria: Could you explain the process by which suppliers are selected under the framework, particularly concerning ensuring compliance with the selection criteria set out in the Workforce Alliance RM6281 framework and the Public Contracts Regulations 2015?
6. Further Competition Process: Could you describe the process your Trust follows for further competition under the Workforce Alliance RM6281 framework? Specifically, do you use direct awards, or do you invite suppliers for further competition for Lot 1? Please provide evidence to support your response.
7. Evidence of Compliance: Kindly provide any documentation or evidence demonstrating how the Trust ensures compliance with the aforementioned regulations and framework rules when awarding contracts under Lot 1 for the provision of temporary nurses and clinical staffing.
8. Legal Queries and Proceedings: Please provide contact details (department and individual, if available) for submitting legal queries or initiating legal proceedings related to procurement processes under this framework.

 

 

Response

1. Trusts can continue to use their current contractual arrangements when implementing RM6281 as the awarding of a new framework agreement does not require previous award decisions to be revisited.
    
2. As a trust you may still be operating under the current RM6161 Clinical and Healthcare Staffing framework which is live until 11 October 2024 (this is legal, and any call-off put in place for post expiry will also be legal). You may not have implemented, or you may be in the process of transitioning to the new RM6281 framework agreement: these are decisions for NHS trusts.
    
3. Further clarity for awarding a contract under the RM6281 framework agreement can be found in section 11 of the RM6281 user guide which details Direct Award and Further Competition processes. Additional guidance can be found in the RM6281 Schedule 7 Call Off Award Procedure FINAL V34 document.
    
4. Schedule 7 (mentioned above), of the framework call off order terms, details the order procedure under the RM6281 framework.
    
5. Consideration of NHSE capped rates in regards to Direct Award - as outlined in the Framework Agreement with awarded agencies, Schedule 7 Part 2: Award Criteria a direct award can be made to a supplier on the condition that the contracting authority can demonstrate the selected supplier offers the most economically advantageous supply using the process outlined in the Framework Agreement and framework tender information.
   
6. All documents and schedules are available via the members' area of your Alliance partner's website, or visit the Alliance website for a summary of the RM6281 Clinical and Healthcare Staffing framework.

Please note, the framework rate cards are commercially sensitive and should not be shared with any organisations outside of the NHS.

For any further queries please contact your Alliance regional partner or contact us via the website.