PROVISION OF A CONTRACT TO MANAGE ACCESS TO NHS STANDARDS OF CARE FOR HMG STAFF OVERSEAS
CPG01819
PROVISION OF A CONTRACT TO MANAGE ACCESS TO NHS STANDARDS OF CARE FOR HMG STAFF OVERSEAS
CONTRACT DOCUMENTS
The proposed Contract documents enclosed with this Invitation to Tender consist of the following Documents:
Section 1 | |
Section 2 | |
Section 3 | |
Section 4 | |
Section 5 | Key Performance Indicators |
Section 6 | Contractor’s Tender Proposal |
THIS CONTRACT is made between the Secretary of State for Foreign & Commonwealth Affairs represented by the Foreign & Commonwealth Office, acting as part of the Crown (“the Authority"),
and
Healix Holdings Limited ("the Contractor") having his main or registered office at 30 Upper High Street, Thame, Oxfordshire, OX9 3EZ, Registration Number: 3921952.
("the Parties")
IT IS AGREED THAT:
1. This Form of Contract (Section 1) together with the attached Sections 2 to 6 inclusive are the documents which collectively form "the Contract" (as defined in Section 2).
Section 1 – Form of Contract Section 2 – Conditions of Contract
Section 3 – Schedule of Prices & Rates Section 4 – Statement of Service Requirement Section 5 – Key Performance Indicators Section 6 – Contractor’s Tender Proposal
2. The Contract effected by the signing of this Form of Agreement constitutes the entire agreement between the Parties relating to the subject matter of the Contract and supersedes all prior negotiations, representations or understandings whether written or oral.
SIGNED in duplicate on behalf of the Parties:
For the Contractor: | For the Authority: | For the Authority: |
By: ……………………………………… | By: ……………………………………… | By: ……………………………………… |
Full Name: ……………………………………… | Full Name: ……………………………………… | Full Name: ……………………………………… |
Position held on behalf of Contractor: | Position held on behalf of Authority: | Position held on behalf of Authority: |
Date: 20 November 2014 | Date: 20 November 2014 | Date: 20 November 2014 |
CPG01819 – PROVISION OF A CONTRACT TO MANAGE ACCESS TO NHS STANDARDS OF CARE FOR HMG STAFF OVERSEAS
5 COMMENCEMENT OF FULL OPERATIONS 8
6 CONDITIONS AFFECTING PROVISION OF SERVICES 9
13 USE OF AUTHORITY'S PREMISES 11
14 RIGHT OF ACCESS TO AUTHORITY'S PREMISES 11
15 MANNER OF PROVIDING THE SERVICES 11
17 MONITORING OF CONTRACT PERFORMANCE 12
19 RE-TENDERING AND HANDOVER 12
20 PAYMENT AND VALUE ADDED TAX 14
21 PAYMENT/THIRD PARTY RIGHTS IN RELATION TO SUB-CONTRACTORS 15
23 RECOVERY OF SUMS DUE TO THE AUTHORITY 16
24 INTELLECTUAL PROPERTY RIGHTS - ASSIGNMENT AND INDEMNITY 16
30 DATA PROTECTION ACT AND FREEDOM OF INFORMATION ACT 19
31 LIABILITY, INDEMNITY AND INSURANCE 21
32 CORRUPT GIFTS AND PAYMENTS OF COMMISSION 22
35 RESPONSIBILITY FOR EQUIPMENT 23
36 TRANSFER AND SUB-CONTRACTING 23
37 SERVICE OF NOTICES AND COMMUNICATIONS 24
42 TERMINATION ON INSOLVENCY OR CHANGE OF CONTROL 25
44 TERMINATION FOR CONVENIENCE 26
45 CONSEQUENCES OF TERMINATION 26
50 COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS 28
Appendix A – VARIATION TO CONTRACT FORM 30
Appendix B – CONFIDENTIALITY UNDERTAKING 31
Appendix C – KEY STAFF, GOVERNANCE STRUCTURE & SUB-CONTRACTORS 32
Appendix D – COMMERCIALLY SENSITIVE INFORMATION 34
APPENDIX E – PARENT COMPANY GUARANTEE 35
APPENDIX F – BANK GUARANTEE 37
1.1. In these Conditions, unless the context otherwise requires, the following provisions shall have the meanings given to them below:
“ADR Notice” means a notice served under Condition 47.4 (Dispute Resolution) requesting mediation.
“Affiliate” means in relation to a body corporate, any other entity which directly or indirectly controls, is controlled by, or is under direct or indirect common control with, that body corporate from time to time.
“Approval” and “Approved” refer to the written consent of the Authority's Representative.
“Authority” means the Secretary of State for Foreign & Commonwealth Affairs and includes the Authority's Representative. In this Contract, the Authority is acting as part of the Crown.
“Authority Data” means (a) the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are: (i) supplied to the Contractor by or on behalf of the Authority; or (ii) which the Contractor is required to generate, process, store or transmit pursuant to this Agreement; or (b) any Personal Data for which the Authority is the Data Controller.
“Authority's Premises” means land or buildings owned or occupied by the Authority where the Services are performed. “Authority's Property” means any property, other than land and buildings, issued or made available to the Staff by the Authority in connection with the Contract.
“Authority's Representative” means the individual authorised to act on behalf of the Authority for the purposes of the Contract.
“Commencement Date” means the date on which the Form of Contract is signed by the Authority.
“Commencement of Full Operations” means the point in time when the Contractor becomes responsible for the provision of the Services following the completion of the Setting up Operations. In the event that the Contractor’s responsibility for the provision of the Services is phased, the Commencement of Full Operations means the commencement of each phase following the Setting Up Operations in respect of that phase.
“Commercially Sensitive Information” means the subset of Confidential Information listed in Appendix D comprised of information:
(a) which is provided by the Contractor to the Authority in confidence for the period set out in that schedule; and/or
(b) that constitutes a trade secret. “Condition” means a condition within the Contract.
“Confidential Information” means Authority’s Data and all information which has either been designated as confidential by either Party in writing (acting reasonably) or that ought to be considered as confidential (however it is conveyed or on whatever media it is stored) including information which relates to the business, affairs, properties, assets, trading practices, Services, developments, trade secrets, Intellectual Property Rights, know-how, Personnel, customers and suppliers of either Party, [all personal data and sensitive personal data within the meaning of the Data Protection Act 1998] and the Commercially Sensitive Information.
“Contract” means this agreement between the Authority and the Contractor consisting of these Conditions, Sections and any attached Schedules and Appendices.
“Contracting Authority” means any contracting authority as defined in Regulation 5(2) of the Public Contracts (Works, Services and Supply) Regulations 2000 other than the Authority;
“Contractor” means the Person named as the Contractor in Section 1 - Form of Contract.
“Contractor's Representative” means the individual authorised to act on behalf of the Contractor for the purposes of the Contract.
“Contract Period” means the period of the duration of the Contract in accordance with Condition 3 (Contract Period).
“Contract Price” means the price, exclusive of any applicable Value Added Tax, payable by the Authority to the Contractor, as set out in Section 3 - Schedule of Prices & Rates for the performance of the Services and its obligations under this Contract but before taking into account the effect of any adjustment of price in accordance with Para 6 in Section 3 -Schedule of Prices & Rates.
“Contract Year” means, in respect of the first Contract Year, the period commencing on the Commencement Date and expiring on 31 March 2016 and in respect of any subsequent Contract Year, means a period of twelve calendar months commencing on expiry of the previous Contract Year.
“Crown” means the government of the United Kingdom (including the Northern Ireland Executive Committee and Northern Ireland Departments, the Scottish Executive and the National Assembly for Wales) including, but not limited to, government ministers, government departments, government and particular bodies and government agencies, which are legally defined as Crown Bodies.
“Crown Body” means any department, office or agency of the Crown.
“Data Protection Legislation” means the Data Protection Act 1998, the EU Data Protection Directive 95/46/EC, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
“Default” means any breach of the obligations of either Party (including but not limited to fundamental breach or breach of a fundamental item) or any default, act, omission, negligence or statement of either Party, its employees, contractors, agents or Sub-Contractors in connection with or in relation to the subject matter of this Contract and in respect of which such Party is liable to the other.
“DOTAS” means the Disclosure of Tax Avoidance Schemes rules which require a promoter of tax schemes to tell HM Revenue & Customs of any specified notifiable arrangements or proposals and to provide prescribed information on those arrangements or proposals within set time limits as contained in Part 7 of the Finance Act 2004 and in secondary legislation made under vires contained in Part 7 of the Finance Act 2004 and as extended to National Insurance Contributions by the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2012, SI 2012/1868 made under s.132A Social Security Administration Act 1992.
“Effective Date” means the date when the contract legally commences.
“Equality Enactments” means the enactments defined in section 33(1) Equality Act 2006.
“Equipment” means all equipment, materials, consumables and plant and other items supplied, other than Authority's Property, to be used by the Staff in the provision of the Services.
“Environmental Information Regulations” means the Environmental Information Regulations 2004, as the same may be amended or updated from time to time, together with any guidance and/or codes of practice issued by the Information Commissioner or relevant Government Department in relation to such regulations.
“FCO” means the Foreign & Commonwealth Office.
“FOIA” means the Freedom of Information Act 2000 and any subordinate legislation made under this Act from time to time together with any guidance and/or codes of practice issued by the Information Commissioner in relation to such legislation. “Force Majeure” has the meaning set out in Condition 41 (Force Majeure).
“General Anti-Abuse Rule” means:
a) the legislation in Part 5 of the Finance Act 2013; and
b) any future legislation introduced into Parliament to counteract tax advantages arising from abusive arrangements to avoid national insurance contributions;
“Good Industry Practice” means at any time the exercise of that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced provider of services similar to the Services seeking in good faith to comply with its contractual obligations and complying with all relevant laws.
“Halifax Abuse Principle” means the principle explained in the CJEU Case C-255/02 Halifax and others. “Information” has the meaning given under section 84 of the FOIA.
“Intellectual Property Rights” means patents, inventions, trademarks, service marks, logos, design rights (whether registerable or not), applications for any of the above rights, copyright, database rights, domain names, know how, trade or business names, moral rights or other similar rights or obligations whether registerable or not in any country including but not limited to the United Kingdom.
“Key Performance Indicators” or “KPIs” means a set of quantifiable measures that the Authority and Contractor may use to measure the performance of the Services provided by the Contractor under the Contract.
“Key Staff” means all persons identified in Appendix C – Key Staff.
“Law” means any applicable law, statute, bye-law, regulation, order, regulatory policy, guidance or industry code, rule of court or directives or requirements of any Regulatory Body, delegated or subordinate legislation or notice of any Regulatory Body.
“Month” means calendar month.
“Occasion of Tax Non-Compliance” means an occasion where:
a) any tax return of the Supplier submitted to a Relevant Tax Authority on or after 1 October 2012 is found to be incorrect as a result of:
(i). a Relevant Tax Authority successfully challenging the Supplier under the General Anti-Abuse Rule or the Halifax Abuse Principle or under any tax rules or legislation in any jurisdiction that have an effect equivalent or similar to the General Anti-Abuse Rule or the Halifax Abuse Principle;
(ii). the failure of an avoidance scheme which the Supplier was involved in, and which was, or should have been, notified to a Relevant Tax Authority under the DOTAS or any equivalent or similar regime in any
jurisdiction; and/or
b) the Supplier’s tax affairs give rise on or after 1 April 2013 to a criminal conviction in any jurisdiction for tax related offences which is not spent at the Effective Date or to a penalty for civil fraud or evasion,
“Original Estimate” means the Contractor’s initial estimate of all variable prices under this Contract e.g. those which are not fixed.
“PAG” means Partner Across Government and are Crown Bodies of the United Kingdom. The list of PAGs participating in the Contract is set out in Section 4 – Statement of Service Requirements.
“Party” or “Parties” means the Authority and the Contractor as identified in Section 1 - Form of Contract. “Person”, where the context allows, includes a corporation or an unincorporated association. “Personnel” means persons directly employed by the Authority.
“Premises” means land or buildings where the Services are performed. “Price” means a price entered in Section 3 - Schedule of Prices & Rates.
“Proposal” means the Contractor’s proposal submitted to the Authority to meet the Services as detailed in the Authorities tender documentation dated 25 June 2014 and subsequent clarifications as reflected in Section 6, 2.1.14.
“Rate” means a rate entered in Section 3 - Schedule of Prices & Rates.
“Regulatory Bodies” means those government departments and regulatory, statutory and other entities, committees and bodies which, whether under statute, rules, regulations, codes of practice or otherwise, are entitled to regulate, investigate, or influence the matters dealt with in this Contract or any other affairs of the Authority and "Regulatory Body" shall be construed accordingly.
“Relevant Tax Authority” means HM Revenue & Customs, or, if applicable, a tax authority in the jurisdiction in which the Supplier is established.
“Requests for Information" shall have the meaning set out in the FOIA or any apparent request for information under the FOIA or the Environmental Information Regulations as relevant.
“Setting Up Operations” means the period of time, or periods of time where phased, as detailed in Section 4 - Statement of Service Requirements, during which the Contractor is required to mobilise itself and its Staff in preparation for delivering the Service and for the Commencement of Full Operations.
“Services” means the services to be supplied as set out in Section 4 - Statement of Service Requirement. “Site” means the area within the Premises in which the Services are performed.
“Staff” means all persons used by the Contractor to perform the Services including, without limitation, the Key Staff as identified in Section 2 Appendix C.
“Staff Vetting Procedure” means the Authority's procedures and departmental policies for the vetting of Personnel, whose role will involve the handling of information of a sensitive or confidential nature or the handling of information which is subject to any relevant security measures, including, but not limited to, the provisions of the Official Secrets Act 1911 to 1989.
“Sub-contractor” means any third party employed by the Contractor in the provision of the Services as defined in Section 2 Appendix C.
“Successor Supplier” means the Authority or a replacement contractor who takes over responsibility for all or part of the Services following expiry, termination or partial termination of the Contract.
“Termination Transfer” means the transfer of responsibility for the provision of the Services (or their equivalent or any part thereof) from the Contractor to the Authority and/or a Successor Supplier on or following the termination or expiry of this Contract or any part thereof.
“Termination Transfer Date” means the date of a Termination Transfer.
“Termination Transfer Employees” means the Staff employed immediately before the Termination Transfer Date by the Contractor or any of its sub-contractors and who are providing the Services(s) to be transferred on the Termination Transfer Date (and to be carried out in the same, equivalent or broadly similar way after the Termination Transfer Date) and whose names are included in the list of transferring staff provided by the Contractor,
less any person so listed whose employment with the Contractor or any of its sub-contractors ends prior to the Termination Transfer; and
less any person so listed whose employment does not transfer pursuant to local legislation stemming from the ARD or ETL;
“TUPE Regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (as amended). “Variation” means a properly executed variation to the Contract in compliance with Condition 40 (Variation).
“Variation to Contract Form” means the form set out in Appendix A - Variation to Contract Form. “Working Day” means any day other than a Saturday, Sunday or public holiday in England and Wales.
1.2. The interpretation and construction of the Contract shall be subject to the following provisions:
(a) a reference to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as subsequently amended or re-enacted;
(b) the headings included in the Contract are for ease of reference only and shall not affect the interpretation or construction of the Contract;
(c) references to Conditions are references to Conditions in the Conditions of the Contract in which they appear, unless otherwise stated;
(d) where the context allows, the masculine includes the feminine and the neuter, and the singular includes the plural and vice versa;
(e) reference to a Condition is a reference to the whole of that Condition unless stated otherwise;
(f) reference to any person shall include natural persons and partnerships, firms and other incorporated bodies and all other legal persons of whatever kind and however constituted and their successors and permitted assigns or transferees; and
(g) any words following the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or terms preceding those terms and the words “include”, “includes” and “including” are to be construed as if they were immediately followed by the words “without limitation”.
2.1. The Contract constitutes the entire agreement between the Parties relating to the subject matter of the Contract. The Contract supersedes all prior negotiations, representations and undertakings, whether written or oral, except that this Condition shall not exclude liability in respect of any fraudulent misrepresentation.
2.2. If there is any conflict between the Sections and the Schedules and/or any appendices or other documents referred to in the Agreement, the following order or precedence shall apply:
Section 1 – Form of Contract Section 2 – Conditions of Contract
Section 3 – Schedule of Prices & Rates
Section 4 – Statement of Service Requirements
3.1. The Contract shall take effect on 1 April 2015 and shall expire automatically on 31 March 2018 unless it is otherwise terminated in accordance with the provisions of this Contract, or otherwise lawfully terminated, or extended in accordance with the provision of this Contract.
3.2. The Authority may extend the Contract Period by up to a further 2 years in total by issuing a covering Variation no later than one month before the Contract would otherwise expire.
4.1. The Contractor shall perform the Services in accordance with the provisions of the Contract.
4.2. Where the Services are performed by the Contractor on behalf of a PAG as set out in Section 4 – Statement of Service Requirement, each reference in this agreement to “the Authority” shall be construed as a reference to that PAG subject to laws on privity of contract.
5 COMMENCEMENT OF FULL OPERATIONS
5.1. The Authority shall authorise the Commencement of Full Operations on 1 April 2015, if the Contractor either:
(a) has complied fully with the requirements set out in the Statement of Service Requirements relating to the Setting up Operations; or
(b) has otherwise demonstrated to the satisfaction of the Authority his capacity to deliver the Services to be provided following the Commencement of Full Operations.
5.2. If the Authority has not authorised the Commencement of Full Operations in accordance with Condition 5.1 (Commencement of Full Operations), the Authority shall have the right, after taking into account all representations made by the Contractor, either:
(a) to extend the Setting up Operations for such period as may be specified by the Authority, during which period the Contractor shall correct the fault or deficiency which caused the Authority to withhold authorisation for the Commencement of Full Operations; or
(b) to terminate the Contract, or to terminate the provision of any part of the Services, in accordance with Condition 43
(Termination on Default).
5.3. Where the Authority has not authorised the Commencement of Full Operations on the expiration of any extension of the Setting up Operations under Condition 5.2(a) (Commencement of Full Operations), the Authority shall have the right to repeat the exercise of the options set out in Condition 5.2 (Commencement of Full Operations).
6 CONDITIONS AFFECTING PROVISION OF SERVICES
6.1. The Contractor shall be deemed to have satisfied himself as regards the nature and extent of the Services, the means of communication with and access to the Site, the supply of and conditions affecting labour, subject to all such matters being discoverable by the Contractor.
7.1. At all times during the Contract Period, the Contractor shall be an independent contractor and nothing in this Contract shall create a contract of employment, a relationship of agency or partnership or joint venture between the Parties and accordingly neither Party shall be authorised to act in the name of, or on behalf of, or otherwise bind the other Party save as expressly permitted by the terms of this Contract accordingly:
(a) the Contractor shall not say or do anything that might lead any other Person to believe that the Contractor is acting as the agent of the Authority; and
(b) the Authority shall not incur any contractual liability to any other Person as a result of anything done by the Contractor in connection with the performance of the Contract.
8.1. The Contractor warrants, represents and undertakes for the duration of the Contract Period that:
(a) it has full capacity and authority and all necessary consents (including where its procedures so require, the consent of its parent company) to enter into and perform its obligations under the Contract and that the Contract is executed by a duly authorised representative of the Contractor;
(b) as at the Commencement Date, all information contained in the Tender remains true, accurate and not misleading, save as may have been specifically disclosed in writing to the Authority prior to execution of this Contract;
(c) no claim is being asserted and no litigation, arbitration or administrative proceeding is presently in progress or, to the best of its knowledge and belief, pending or threatened against it or any of its assets which will or might have a material adverse effect on its ability to perform its obligations under the Contract;
(d) it is not subject to any contractual obligation, compliance with which is likely to have a material adverse effect on its ability to perform its obligations under the Contract;
(e) no proceedings or other steps have been taken and not discharged (nor, to the best of its knowledge, are threatened) for the winding up of the Contractor or for its dissolution or for the appointment of a receiver, administrative receiver, liquidator, manager, administrator or similar officer in relation to any of the Contractor’s assets or revenue;
(f) it has and will continue to hold all necessary (if any) regulatory approvals from the Regulatory Bodies necessary to perform the Contractor's obligations under this Contract;
(g) it has and will continue to have all necessary rights in and to the Intellectual Property Rights in all materials used by the Contractor for the purpose of providing the Services and/or delivered to the Authority;
(h) as at the Commencement Date all statements and representations in the Contractor's Response to the Invitation to Tender are to the best of its knowledge, information and belief, true and accurate and that it will advise the Authority of any fact, matter or circumstance of which it may become aware which would render any such statement or representation to be false or misleading;
(i) the appropriate documents will contain all necessary information and explanation required for the purpose of executing the exit plan and for suitably qualified employees of the Authority or of the Successor Supplier to be able to use the software and receive the Services and to perform the replacement Services on termination or expiry; and
(j) it shall, and its Staff shall, at all times comply with the Law in carrying out their obligations under this Contract.
(k) in the three 3 years prior to the date of this Contract:
(i). it has conducted all financial accounting and reporting activities in compliance in all material respects with the generally accepted accounting principles that apply to it in any country where it files accounts;
(ii). it has been in full compliance with all applicable securities and tax laws and regulations in the jurisdiction
in which it is established; and
(iii). it has not done or omitted to do anything which could have a material adverse effect on its assets, financial condition or position as an ongoing business concern or its ability to fulfill its obligations under the Contract.
(l) The Supplier represents and warrants that as at the Effective Date, it has notified the Authority in writing of any Occasions of Tax Non-Compliance or any litigation that it is involved in that is in connection with any Occasions of Tax Non Compliance;
(m) If, at any point during the Contract Period, an Occasion of Tax Non-Compliance occurs, the Supplier shall: (i). notify the Authority in writing of such fact within 5 Working Days of its occurrence; and
(ii). promptly provide to the Authority:
i. details of the steps which the Supplier is taking to address the Occasion of Tax Non-Compliance and to prevent the same from recurring, together with any mitigating factors that it considers relevant; and
ii. such other information in relation to the Occasion of Tax Non-Compliance as the Authority may reasonably require.
9.1. All of the Authority's Property shall remain the property of the Authority and shall be used in the performance of the Contract and for no other purpose without prior Approval.
9.2. The Contractor shall be liable for any loss of or damage to any of the Authority's Property unless the Contractor is able to demonstrate that such loss or damage was caused or contributed to by the act, neglect or Default of the Authority.
9.3. The Contractor shall not in any circumstances have a lien on any of the Authority's Property and shall take all steps necessary to ensure that the title of the Authority and the exclusion of any lien are brought to the attention of any third party dealing with any of the Authority's Property.
9.4. The Contractor shall be responsible for his own costs resulting from any failure of the Authority’s Property, unless he can demonstrate that the Authority had caused undue delay in its replacement or repair.
9.5. The Contractor shall maintain all items of the Authority’s Property in good and serviceable condition, fair wear and tear excepted, and in accordance with the manufacturer’s recommendations.
9.6. The Contractor shall ensure the security of all the Authority’s Property whilst in its possession, either on Site or elsewhere during the supply of the Services, in accordance with the Authorities reasonable security requirements as required from time to time.
10.1. The Contractor shall provide all the Equipment necessary for the provision of the Services.
10.2. The Contractor shall maintain all items of Equipment in good and serviceable condition and ensure that the technology used is appropriate, such as to ensure the Services are delivered in accordance with the Contract.
10.3. All Equipment shall be at the risk of the Contractor and the Authority shall have no liability for any loss of or damage to any Equipment unless the Contractor is able to demonstrate that such loss or damage was caused or contributed to by any act, neglect or Default of the Authority.
11.1. The Contractor warrants, represents and undertakes for the Contract Period that all Staff are and will:
(a) be suitably skilled, experienced and qualified to carry out the Services and related tasks assigned to them and possess all appropriate qualifications, licenses, permits, skill, experience necessary for them to discharge their responsibilities safely and conforming with all relevant laws; and
(b) be vetted in accordance with Good Industry Practice and the Staff Vetting Procedure;
11.2. The Contractor shall comply with the Staff Vetting Procedures in respect of all Contractors’ Staff employed or engaged in the provision of the Services. The Contractor confirms that all Staff employed or engaged by the Contractor at the Commencement Date were vetted and recruited on a basis that is equivalent to and no less strict than the Staff Vetting Procedures. The Contractor must allow sufficient time for vetting to be completed.
11.3. The Contractor shall provide training on a continuing basis for all Contractor’s Staff employed or engaged in the provision of the Services.
11.4. The Contractor shall provide, at all times, the number of Staff required to fulfil his obligations under the Contract and shall promptly notify the Authority of any absence of such staff and provide suitably qualified replacements at the request of the Authority.
11.5. Unless given prior Approval, the Contractor shall make the Staff available for the entire period needed to fulfil their part in the provision of the Services, whilst they are employed or engaged by the Contractor.
11.6. Any and all Staff shall remain under the overall control of the Contractor at all times and shall not be deemed to be employees, agents, contractors of the Authority for any purpose.
11.7. The Parties have agreed to the appointment of the Key Staff as at the Commencement Date. The Contractor shall obtain the prior written consent of the Authority (such consent not to be reasonably withheld or delayed) before removing or replacing any member of the Key Staff.
12.1. The Contractor shall co-ordinate his activities in the provision of the Services with all Personnel and other contractors engaged by the Authority, as required by the Authority.
13 USE OF AUTHORITY'S PREMISES
13.1. Where the Services are performed on the Authority's Premises the Contractor shall have use of the Authority's Premises without charge as a licensee and shall vacate those premises on completion or earlier termination of the Contract.
13.2. The Contractor shall not use the Authority's Premises for any purpose or activity other than the provision of the Services unless given prior Approval.
13.3. Should the Contractor require modifications to the Authority’s Premises, such modifications shall be subject to prior Approval and shall be carried out by the Authority at the Contractor’s expense. The Authority shall undertake Approved modification work without undue delay. Ownership of such modifications shall rest with the Authority.
13.4. The Contractor shall not deliver any Equipment to the Authority’s Premises outside normal working hours without prior Approval.
13.5. The Contractor shall maintain all Equipment and its place of storage within the Authority’s Premises in a safe, serviceable and clean condition.
13.6. On the completion or earlier termination of the Contract, the Contractor shall at the Contractor’s cost and expense, subject to the provisions of Condition 13.4 (Use of Authority’s Premises), remove all Equipment and shall clear away from the Authority’s Premises all waste arising from the performance of the Services and shall leave the Authority’s Premises in a clean and tidy condition.
13.7. Whilst on the Authority's Premises, all Staff shall comply with such rules, regulations and other requirements as may be in force in respect of the conduct of Persons attending and working on the Authority's Premises.
14 RIGHT OF ACCESS TO AUTHORITY'S PREMISES
14.1. Where the Services are to be performed on the Authority's Premises, the Authority shall grant to the Contractor reasonable access to the Site.
14.2. If the Authority gives the Contractor notice that a specifically named member of Staff shall not be admitted to the Authority's Premises, the Contractor shall ensure that that person shall not seek admission and shall not be admitted.
14.3. The Contractor shall submit in writing to the Authority for Approval, before the Commencement of the Contract Period and as necessary from time to time:
(a) a list showing the name and address of every person whom the Contractor wishes to be admitted to the Premises and, where required by the Authority, every other person who is or may be involved in any other way in the performance of the Contract, the capacity in which each person is or may be so involved and any other particulars required by the Authority;
(b) satisfactory evidence as to the identity of each such person;
14.4. Where Staff are required to have a pass for admission to the Authority's Premises, the Authority's Representative shall, subject to satisfactory completion of approval procedures, arrange for passes to be issued.
14.5. Staff who cannot produce a proper pass when required to do so by any appropriate Personnel or agent of the Authority, or who contravene any conditions on the basis of which a pass was issued, may be refused admission to the Authority's Premises or required to leave those Premises if already there.
14.6. The Contractor shall promptly return any pass if at any time the Authority's Representative so requires or if the person for whom it was issued ceases to be involved in the performance of the Contract. The Contractor shall promptly return all passes on completion or earlier termination of the Contract.
15 MANNER OF PROVIDING THE SERVICES
15.1. The Contractor shall perform the Services with reasonable care, skill and diligence, and in accordance with the Law and Good Industry Practice. Timely provision of the Services is of the essence of the Contract.
15.2. The Services shall be performed by the Contractor on Approved Sites only from the Commencement Date.
15.3. The Contractor, shall upon the instruction of the Authority’s Representative:
(a) remove from the Authority’s Premises any materials which are not in accordance with Section 4 - Statement of Service Requirements, and substitute proper and suitable materials; and
(b) remove and properly execute any work which is not in accordance with the Contract, irrespective of any previous testing or payment by the Authority. The Contractor shall at its own expense complete the re-executed work correctly in accordance with the Contract within such reasonable time as the Authority may specify.
15.4. The signing by the Authority's Representative of time sheets or other similar documents shall not be construed as implying the Contractor's compliance with the Contract.
16.1. Materials and processes used in connection with the provision of the Services shall be in accordance with the standards set out in the Statement of Service Requirements and Good Industry Practice.
16.2. On the request of the Authority’s Representative, the Contractor shall provide proof to the Authority’s satisfaction that the materials and processes used, or proposed to be used, conform to those standards.
16.3. The introduction of new methods or systems which impinge on the provision of the Services shall be subject to prior Approval.
17 MONITORING OF CONTRACT PERFORMANCE
17.1. Prior to the Commencement Date the Authority shall agree in consultation with the Contractor the arrangements for the purpose of monitoring of performance by the Contractor of its obligations under this Contract, based on the requirements detailed in Section 4 - Statement of Service Requirements.
17.2. All such arrangements will be carried out by the Contractor in a timely manner, as reasonably required by the Authority, and in line with Good Industry Practice.
18.1. Where progress reports are required to be submitted under the Contract, the Contractor shall render those reports at such time and in such form as may be specified or as otherwise agreed between the Parties.
18.2. The submission and receipt of progress reports shall not prejudice the rights of either Party under the Contract.
19.1. Within 21 days of being so requested by the Authority's Representative the Contractor shall provide:
(a) and thereafter keep updated and accessible to the Authority, in a fully indexed and catalogued format, all the information reasonably necessary to enable the Authority to issue tender documents for the future provision of the Services and for a third party to prepare an informed, non-qualified offer for those Services and not be disadvantaged in any procurement process compared to the Contractor (if the Contractor is invited to participate). This information shall include, but not be limited to, details of Staff as referred to in Condition 19.2 (Re-tendering and handover), a description of the Services and the methods used by the Contractor to provide the Services, details as to key terms of any third party contracts and licences, copies of third party contracts and licences which are to be transferred to the Authority or a Successor Supplier and details of ongoing and threatened disputes in relation to the provision of the Services. This information shall be updated on a continuing basis.
(b) a draft exit plan to be agreed with the Authority that shall set out each Parties obligations in detail in order to ensure a smooth and efficient transfer of the Services to the Authority for a Successor Supplier. The Parties shall review and update the exit plan annually and as soon as reasonably practicable in the event of a material change in any aspect of the Services which could reasonably be expected to impact upon the exit plan in order to ensure that the exit plan remains relevant.
19.2. Where, in the opinion of the Authority's Representative, TUPE legislation is likely to apply on the termination or expiration of the Contract, the information to be provided by the Contractor under Condition 19.1 (Re-tendering and handover) shall include, as applicable, accurate information relating to the Staff who would be transferred under the same terms of employment under the TUPE Regulations, including in particular:-
(a) the number of Staff who would be transferred, but with no obligation on the Contractor to specify their names;
(b) in respect of each of those members of Staff their age, job title, sex, salary, benefits entitlement, length of service, contractual notice period, hours of work, overtime hours and rates, any other factors affecting redundancy entitlement and any outstanding claims arising from their employment;
(c) the general terms and conditions of employment applicable to those members of Staff, including probationary periods, retirement age, periods of notice, current pay agreements, pension arrangements, working hours,
entitlement to annual leave, sick leave, maternity and special leave, terms of mobility, any loan or leasing schemes, any relevant collective agreements, facility time arrangements and additional employment benefits;
(d) all disciplinary, performance and grievance action taken in relation to or by each individual member of Staff within the previous two years;
(e) information of any court or tribunal case, claim or action brought by each member of Staff within the previous two years or that the Contractor has reasonable grounds to believe a member of Staff may bring against the Contractor;
(f) all long term absences; and
(g) details of any arrangements or collective agreements with trade unions or organisation of body of employees including elected representatives.
19.3. The Authority shall take all necessary precautions to ensure that the information referred to in Condition 19.2 (Re-tendering and handover) is given only to service providers who have qualified to tender for the future provision of the Services. The Authority shall require that such service providers shall treat that information in confidence; that they shall not communicate it except to such persons within their organisation and to such extent as may be necessary for the purpose of preparing a response to an invitation to tender issued by the Authority; and that they shall not use it for any other purpose.
19.4. The Contractor shall indemnify the Authority and a Successor Supplier against any claim made against the Authority and/or a Successor Supplier at any time by any person in respect of any liability incurred by the Authority and/or a Successor Supplier arising from any deficiency or inaccuracy in information which the Contractor is required to provide under Condition 19.1 (Re- tendering and handover) and 19.2 (Re-tendering and handover).
19.5. The Contractor shall not –
(a) at any time during the Contract Period, move any persons in his employment into the undertaking or relevant part of an undertaking which provides the Services, who do not meet the standards of skill and experience, or who are in excess of the number, required for the purposes of the Contract; or
(b) make any substantial change in the terms and conditions of employment of any Staff which is inconsistent with the Contractor's established employment and remuneration policies.
19.6. Where, in the opinion of the Authority's Representative, any change or proposed change in the Staff in the undertaking or relevant part of an undertaking, or any change in the terms and conditions of employment of such Staff, would be in breach of Condition 19.5 (Re-tendering and handover), the Authority shall have the right to make representations to the Contractor against the change or proposed change, and –
(a) where, in the opinion of the Authority's Representative, the Contractor has acted in breach of Condition 19.5 (Re- tendering and handover), the Authority shall have the right to give notice to the Contractor requiring him to remedy the breach within 30 days; and
(b) if the Contractor has not remedied the breach to the satisfaction of the Authority's Representative by the end of the period of 30 days, the Authority shall have the right to terminate the Contract by reason of the Default of the Contractor, in accordance with Condition 43 (Termination on Default).
19.7. The Contractor shall allow access to the Site, in the presence of the Authority's Representative, to any person representing any service provider whom the Authority has selected to tender for the future provision of the Services.
19.8. For the purpose of access to the Site in accordance with Condition 19.7(Re-tendering and handover), where the Site is on the Contractor's premises, the Authority shall give the Contractor 7 days' notice of a proposed visit together with a list showing the names of all persons who will be attending those premises.
19.9. All persons who attend the Contractor's premises for the purposes of Condition 19.7 (Re-tendering and handover) shall comply with the Contractor's security procedures, subject to such compliance not being in conflict with the objective of the visit.
19.10. The Contractor shall co-operate fully with the Authority during the handover arising from the completion or earlier termination of the Contract. This co-operation, during the Setting up Operations period of the new contractor, shall extend to allowing full access to, and providing copies of, all documents, reports, summaries and any other information necessary in order to achieve an effective transition without disruption to routine operational requirements.
19.11. Within 10 working days of being so requested by the Authority's Representative, the Contractor shall transfer to the Authority, or any Person designated by the Authority, free of charge, all computerised filing, recording, documentation, planning and drawing held on software and utilised in the provision of the Services. The transfer shall be made in a fully indexed and catalogued disk format, to operate on a proprietary software package identical to that used by the Authority.
19.12. During the period following the earlier of:
(a) the provision of notice of termination to the Contractor; or
(b) the public announcement of a re-tendering of the Services,
the Contractor shall not without the prior written agreement of the Authority’s Representative vary the terms and conditions of employment or engagement of any Staff, employ or engage any person who would become a Termination Transferring Employee, change the role or responsibilities of any person so that he/she becomes involved in the provision
of the Services, terminate (or give notice to terminate) the employment or engagement of any of the Staff; nor reduce or vary the involvement of any Staff in the provision of the Services.
19.13. No later than one (1) month prior to the Termination Transfer Date, the Contractor shall compile a draft list for approval by the Authority of the Staff whom it considers will transfer to the Authority or a Successor Supplier as a result of the TUPE Regulations. The draft list shall be finalised by the Parties prior to the Termination Transfer Date.
19.14. At the Termination Transfer Date, the Authority and the Contractor accept that in the event that the Services or substantially similar services are to be provided by the Authority and/or a Successor Supplier then this may constitute a transfer to which the TUPE Regulations apply. In the event that Authority’s Representative determines that the TUPE Regulations apply in relation to the Termination Transfer and/or the final list of Termination Transfer Employees, the Termination Transfer Employees shall transfer to the Authority and/or the Successor Supplier on the Termination Transfer Date.
19.15. The Authority will, or shall procure that the Successor Supplier will, in good time before the Termination Transfer Date provide to the Contractor all such information as is necessary for the Contractor or its sub-contractors and the Authority or Successor Supplier to discharge their duties under Regulation 13 of the TUPE Regulations.
19.16. The Contractor shall indemnify the Authority and the Successor Supplier from and against any cost (including reasonable legal costs), claim, liability, demand, expense or other legal recourse arising out of or in connection with:
(a) any claim by any Termination Transfer Employee in respect of any fact or matter concerning or arising from that Termination Transfer Employee’s employment, or its termination, before the Termination Transfer Date, including (but not limited to) any claims of unfair dismissal, wrongful dismissal, unlawful deduction from wages, breach of contract, discrimination on the grounds of sex, race, disability, religion or belief, age and sexual orientation or any claim for a redundancy payment;
(b) any proceedings, claim or demand by the HM Revenue & Customs or other statutory authority in respect of any financial obligations including, but not limited to, PAYE and primary and secondary national insurance contributions in relation to the Termination Transfer Employees, to the extent that the proceedings, claim or demand by the Inland Revenue or other statutory authority relates to financial obligations arising before the Termination Transfer Date;
(c) any claim by any Termination Transfer Employee or any appropriate representative of any Termination Transfer Employee relating to any failure by the Contractor or any sub-contractor to comply with the obligations of Regulation 13 of the TUPE Regulations; and
(d) any claim by any person (not being a Termination Transfer Employee) or his representative in respect of the
termination of such person’s employment or engagement by the Contractor or its sub-contractor occurring before the Termination Transfer Date;
19.17. If any contract of employment or engagement of any person, other than a Termination Transfer Employee, is, as a result of the commencement of the provision of the Services by the Authority or Successor Supplier deemed or alleged to have been effected between the Authority or Successor Supplier and such person, as a result of the TUPE Regulations, then:
(a) the Authority or Successor Supplier may, within 1 month of becoming aware of the application of the TUPE Regulations to any such contract, terminate that contract; and
(b) if any such contract is terminated the Contractor will indemnify the Authority and/or Successor Supplier against: (i). all salary and benefits due to that person in respect of their employment between the Termination
Transfer Date and the date of termination of employment; and
(ii). all liabilities, damages, costs (including reasonable legal costs), claims, awards and expenses arising in relation to such person out of the termination of such person’s employment.
19.18. The Contractor procures that its sub-contractors shall indemnify the Authority and any Successor Supplier and their sub-contractors (as applicable) to the same extent as the Contractor is providing indemnities under this Condition 19 (Re- tendering and handover).
19.19. To the extent that non-employee personnel do not transfer to the Authority or a Successor Supplier and their sub- contractors (as applicable) by virtue of the above provisions, the Contractor shall use all reasonable endeavours to ensure that those non-employee personnel, which the Authority or a Successor Provider (or their sub-contractors as applicable) express an intention to retain, transfer accordingly on the Termination Transfer Date. The Contractor shall not (and shall procure that its sub-contractors shall not) take any steps or make any undertakings to such non-employee personnel which has the effect or aims to have the effect of discouraging or preventing those personnel from working for the Authority or a Successor Supplier.
20 PAYMENT AND VALUE ADDED TAX
20.1. In consideration of the provision of the Services in accordance with the terms of the Contract, the Authority shall pay the Contract Price, calculated in accordance with Section 3 - Schedule of Prices & Rates.
20.2. The Services being provided to the Authority and directly to the list of PAGs set out in Section 4 – Statement of Service Requirements, the Contractor shall submit an original and a copy invoice to the Authority or directly to the appropriate PAG, in respect of the Services provided by the Contractor. Each invoice shall contain all appropriate references, a detailed breakdown of the Services and the appropriate Prices or Rates and shall be supported by any other documentation required by the Authority's Representative to substantiate the invoice. All such invoices shall be denominated in Pounds Sterling.
20.3. Where medical treatment is provided, the cost of medical treatment shall be issued to the Authority/direct to the PAG, monthly and in arrears, detailing the recipient, treatment provided and a breakdown of costs.
20.4. Where there is a need for medical evacuation the Contractor must immediately notify the Authority/PAG and advise of the services required/likely to be required and their (likely) cost. Where reasonably practicable and subject to medical need, the Contractor will obtain 3 quotations from its network of suppliers for submission and approval in advance of instruction by the Contractor. Where this is not reasonably practicable the supplier, subject to medical need and the need for a rapid response time, shall have due regard to achieving value for money in selecting a supplier. All air ambulance costs will be billed at net cost to the FCO/PAG.
20.5. Unless otherwise stated in the Section 3 - Schedule of Prices & Rates, payment will be made within 30 days of receipt and agreement of a valid invoice, submitted monthly in arrears and submitted for Services undertaken under the Statement of Service Requirements completed to the satisfaction of the Authority. For the avoidance of doubt, all costs and expenses for Services performed by the Contractor and not agreed to by the Authority will be borne by the Contractor and not included in any invoice. The sums due under this Contract will be calculated on either a fixed price basis or a variable basis and the provisions of Condition 20 (Payment and Value Added Tax) will apply.
20.6. The Authority shall pay Value Added Tax on the Contract Price at the rate and in the manner prescribed by law provided that the Contractor shall provide the Authority with a Value Added Tax invoice to enable, where possible, the Authority to reclaim or obtain a refund of the Value Added Tax from HM Revenue & Customs or other statutory authority, and such invoice shall be provided by the Contractor in the format and within the timescales as will enable the Authority to comply with the law or obtain such refund.
20.7. The Authority may reduce payment in respect of any Services which the Contractor has either failed to provide or has provided inadequately, without prejudice to any other rights or remedies of the Authority.
20.8. If the Authority, acting in good faith, has a dispute in respect of any invoice, the Authority shall be entitled to withhold payment of the disputed amount, provided that it has notified the Contractor of the disputed amount and the nature of the dispute prior to the due date for payment of the invoice, and has paid any undisputed portion of the invoice to the Contractor. The parties will negotiate in good faith to resolve the dispute, and, failing resolution within five working days after receipt by the Contractor of the Authority’s notification, the dispute will be referred to dispute resolution in accordance with Condition 47 (Dispute Resolution). In the event of such dispute, the Contractor shall continue to perform all its obligations under this Contract notwithstanding any withholding or reduction in payment by the Authority.
20.9. The Authority may elect to pay for the Services by Government Procurement Card or such other method as the Parties may agree.
20.10. The Contractor will participate in a gain share continuous improvement process, on an annual basis from Year 2 of the Contract. This will require the Contractor to propose at least three (3) potential improvement projects that will reduce bureaucracy and/or lower the cost of the overall contract. If a project is agreed, any additional resource will be fully costed (for either Party) within the business case, and the balance saving will be shared on a 50/50 basis in the first year of realisation. Each Contract Year, the Contract will rebase and new projects will be sought. For the avoidance of doubt, projects must be prepared in a detailed joint business case, fully costed and agreed with both commercial and business lead, and should span a twelve month process deliver. I.e. a project planned in January, delivered in June will then have project saving realization for a twelve month basis.
21 PAYMENT/THIRD PARTY RIGHTS IN RELATION TO SUB-CONTRACTORS
21.1. Where the Contractor enters into a sub-contract for the provision of any part of the Services, the Contractor shall ensure that a term is included in the sub-contract which requires the Contractor to pay all sums due to the sub-contractor within a specified period, not exceeding 30 days from the date of receipt of a valid invoice as defined by the terms of that sub-contract.
21.2. The sub-contract shall also include a provision enabling the Authority to have the ability to directly enforce the benefit of the sub-contract under the Contracts (Rights of Third Parties) Act 1999, obligations in respect of security and secrecy, intellectual property and audit rights for the benefit of the Authority corresponding to those placed on the Contractor, but with such variations as the Authority reasonably considers necessary. The Contractor shall not include in any sub-contract any provision the effect of which would be to limit the ability of the Sub-contractor to contract directly with the Authority or a replacement provider of Services.
22.1. Where the Parties have agreed in the Schedule of Prices & Rates that the Services will be provided on a fixed price basis, then the fixed price shall be paid according to the schedule of payments as detailed in the Schedule of Prices & Rates which may relate to the achievement of specific predefined milestones, dates or acceptance and shall be inclusive of all Contractor costs.
22.2. Where the parties have agreed in the Schedule of Prices & Rates that the Services will be provided on a time and materials basis, then:
(a) the Services shall be provided in accordance with the rate card set out in the Schedule of Prices & Rates;
(b) the Parties shall agree a maximum price which shall include but not be limited to a resource profile, a fixed date to start and to complete and a set of deliverables, further details of which shall be agreed by the Parties in the Schedule of Prices & Rates;
(c) the Contractor shall attach to each invoice records of the time spent and materials used in providing the Services, together with all supporting documentation including but not limited to all relevant timesheets, receipts (if applicable), a list of Services to which the invoice relates and a reference to the Contract and Schedule of Prices & Rates details, as well as any other information as reasonably requested by the Authority from time to time; and
(d) the Contractor must notify the Authority immediately if it becomes apparent that the cost to complete the Services will be in excess of the maximum price, and shall only proceed with and be paid for Services in excess of the maximum price with the prior written consent of the Authority.
22.3. In the event that the Contract Period is extended beyond the period specified in Condition 3.1 (Contract Period) and a contract price adjustment has been agreed in Section 3 - Schedule of Prices & Rates, then the Contractor will be required to provide the Authority with justification and evidence for any increase.
23 RECOVERY OF SUMS DUE TO THE AUTHORITY
23.1. Wherever any sum of money is payable to the Authority by the Contractor as a sum specifically ascertained under or in respect of the Contract (including any Key Performance Indicator related or other rebate or any sum which the Contractor is liable to pay to the Authority in respect of any breach of this Contract), the Authority may unilaterally deduct that sum from any sum then due or which at any later time becomes due to the Contractor under this Contract or under any other contract with the Authority or with any other department, office or agency of the Crown.
23.2. The Authority shall give at least 21 days' notice to the Contractor of its intention to make a deduction under Condition 23.1, (Recovery of Sums due to the Authority) giving particulars of the sum to be recovered and the contract under which the payment arises from which the deduction is to be made.
23.3. Any overpayment by the Authority to the Contractor, whether of the Contract Price or of Value Added Tax, shall be a sum of money recoverable from the Contractor.
23.4. The rights of the Parties in respect of set-off are fully set out in this Condition and no other right relating to set-off shall be implied as a term of the Contract.
24 INTELLECTUAL PROPERTY RIGHTS - ASSIGNMENT AND INDEMNITY
24.1. Except as expressly set out in this Agreement:
(a) the Authority shall not acquire any right, title or interest in or to the Intellectual Property Rights of the Contractor; and
(b) the Contractor shall not acquire any right, title or interest in or to the Intellectual Property Rights of the Authority;
24.2. Where either Party acquires, by operation of law, title to Intellectual Property Rights that is inconsistent with the allocation of title set out in Condition 24.1, it shall assign in writing such Intellectual Property Rights as it has acquired to the other Party on the request of the other Party (whenever made).
24.3. Neither Party shall have any right to use any of the other Party's names, logos or trade marks on any of its products or services without the other Party's prior written consent.
24.4. All Contract Generated Intellectual Property Rights shall be proprietary to and owned by the Authority, and the Contractor shall enter into such documentation and perform such acts at the Authority's expense as the Authority shall reasonably request to properly vest such Contract Generated Intellectual Property Rights in the Authority. Accordingly the Contractor hereby assigns (by way of present assignment of future Contract Generated Intellectual Property Rights) all such Contract Generated Intellectual Property Rights and shall waive (or procure the waiver of) all moral rights relating to the same. The Contractor shall not reproduce, publish, make available or supply the same to any person other than the Authority without prior Approval.
24.5. For the duration of the Contract the Contractor hereby grants to the Authority a royalty-free, irrevocable, non-exclusive licence to use its current software dealing with medical and/or occupational health risk assessment for the purposes of this Contract
and such other purposes that relate to the use and provision of the Services, together with the ability to sub-licence [in object code form only] the same.
24.6. In performing the Services the Contractor shall obtain Approval before utilising any material which is or may be subject to any Intellectual Property Rights other than those referred to in Condition 24.4.
24.7. Subject to Condition 24.6, the Contractor shall fully and effectively indemnify the Authority against all claims, proceedings, actions, damages, legal costs (including but not limited to legal costs and disbursements on a solicitor and client basis), expenses and any other liabilities arising from or incurred by the use by the Contractor, in the performance of the Services, or the use by the Authority following delivery by the Contractor, of any material which involves any infringement or alleged infringement of the Intellectual Property Rights of any third party.
24.8. The provisions of Condition 24.5 shall not apply in respect of any material which the Authority has supplied to the Contractor or which the Authority has specified for use by the Contractor or for delivery to the Authority.
24.9. The Authority shall indemnify the Contractor against all claims, proceedings, actions, damages, legal costs (including but not limited to legal costs and disbursements on a solicitor and client basis), expenses and any other liabilities arising from or incurred by the use by the Contractor, in the performance of the Services, of any material supplied by the Authority which involves any infringement or alleged infringement of the Intellectual Property Rights of any third party.
24.10. Where any claim is made by a third party in respect of any material referred to in Condition 24.5 or 24.7, the Party which is required to provide an indemnity under those provisions shall have the right to conduct, or take over the conduct of, the defence to the claim and to any proceedings or action brought by the third party.
25.1. The Contractor shall take all measures necessary to comply with the provisions of any enactment relating to security which may be applicable to the Contractor in the performance of the Services.
25.2. The Contractor shall take all reasonable measures, by the display of notices or other appropriate means, to ensure that Staff have notice that all provisions referred to in Condition 25.1 (Security) will apply to them and will continue to apply to them, if so applicable, after the expiry or earlier termination of the Contract.
25.3. Whilst on the Authority's Premises, Staff shall comply with all security measures implemented by the Authority in respect of Personnel and other Persons attending those Premises. The Authority shall provide copies of its written security procedures to the Contractor on request.
25.4. The Authority shall have the right to carry out any search of Staff or of vehicles used by the Contractor at the Authority’s Premises.
25.5. The Contractor shall co-operate with any investigation relating to security which is carried out by the Authority or by any person who is responsible to the Authority for security matters and when required by the Authority's Representative -
(a) shall make any Staff identified by the Authority's Representative available to be interviewed by the Authority's Representative, or by a person who is responsible to the Authority for security matters, for the purposes of the investigation. Staff shall have the right to be accompanied by the Contractor's Representative and to be advised or represented by any other person whose attendance at the interview is acceptable to both the Authority's Representative and the Contractor's Representative; and
(b) shall provide all documents, records or other material of any kind which may reasonably be required by the Authority or by a person who is responsible to the Authority for security matters, for the purposes of the investigation, so long as the provision of that material does not prevent the Contractor from performing the Services. The Authority shall have the right to retain any such material for use in connection with the investigation and, so far as possible, shall provide the Contractor with a copy of any material retained.
26.1. The parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOI Act, the content of this Contract is not Confidential Information. The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOI Act. Notwithstanding any other term of this Contract, the Contractor gives consent to the Authority to publish the Contract in its entirety, (but with any information which is exempt from disclosure in accordance with the provisions of the FOI Act redacted) including from time to time agreed changes to the Contract, to the general public.
26.2. The Authority may consult with the Contractor to inform its decision regarding any exemptions but the Authority shall have the final decision in its absolute discretion.
26.3. The Contractor shall assist and cooperate with the Authority to enable the Authority to publish this Agreement.
27.1. Without prejudice to Condition 28 (Publicity), except to the extent set out in this Condition or where disclosure is expressly permitted elsewhere in this Contract, each Party shall:
(a) treat the other Parties Confidential Information as confidential and safeguard it accordingly; and
(b) not disclose the other Parties Confidential Information to any other person without the owner's prior written consent.
27.2. Condition 27.1 (Confidentiality) shall not apply to the extent that:
(a) such disclosure is a requirement of Law placed upon the Party making the disclosure, including any requirements for disclosure under the FOIA, Code of Practice on Access to Government Information or the Environmental Information Regulations pursuant to Condition 30 (Data Protection Act and Freedom of Information Act);
(b) such information was in the possession of the Party making the disclosure without obligation of confidentiality prior to its disclosure by the information owner;
(c) such information was obtained from a third party without obligation of confidentiality;
(d) such information was already in the public domain at the time of disclosure otherwise than by a breach of this Contract; or
(e) it is independently developed without access to the other Parties Confidential Information.
27.3. The Contractor may only disclose the Authority's Confidential Information to its Staff who are directly involved in the provision of the Services and who need to know the information, and shall ensure that such Staff are aware of and shall comply with these obligations as to confidentiality.
27.4. The Contractor shall not, and shall procure that its Staff do not, use any of the Authority's Confidential Information received otherwise than for the purposes of this Contract.
27.5. At the written request of the Authority, the Contractor shall procure that those members of its Staff identified in the Authority's notice sign a confidentiality undertaking prior to commencing any work in accordance with this Contract.
27.6. Nothing in this Contract shall prevent the Authority from disclosing the Contractor's Confidential Information:
(a) to any Crown Body or any other Contracting Authority. All Crown Bodies or Contracting Authorities receiving such Confidential Information shall be entitled to further disclose the Confidential Information to other Crown Bodies or other Contracting Authorities on the basis that the information is confidential and is not to be disclosed to a third party which is not part of any Crown Body or any Contracting Authority;
(b) to any consultant, contractor or other person engaged by the Authority or any person conducting an Office of Government Commerce gateway review;
(c) for the purpose of the examination and certification of the Authority's accounts; or
(d) for any examination pursuant to Section 6(1) of the National Audit Act 1983 of the economy, efficiency and effectiveness with which the Authority has used its resources.
27.7. The Authority shall use all reasonable endeavours to ensure that any government department, Contracting Authority, employee, third party or Sub-contractor to whom the Contractor's Confidential Information is disclosed pursuant to Condition 27.6 (Confidentiality) is made aware of the Authority's obligations of confidentiality.
27.8. Nothing in this Condition 27.6 (Confidentiality) shall prevent either Party from using any techniques, ideas or know-how gained during the performance of this Contract in the course of its normal business to the extent that this use does not result in a disclosure of the other Parties Confidential Information or an infringement of Intellectual Property Rights.
27.9. The provisions under this Condition 27 (Confidentiality) are without prejudice to the application of the Official Secrets Acts 1911 to 1989 to any Confidential Information.
27.10. The Contractor must not contravene the Official Secrets Act 1911 to 1989. The Contractor must familiarise itself with these Acts and take all reasonable steps to ensure that its sub-contractors and its and their employees and agents are familiar with them and that these Persons comply with them.
27.11. In the event that the Contractor fails to comply with this Condition, the Authority reserves the right to terminate the Contract by notice in writing with immediate effect.
28.1. The Contractor shall not make any public statement relating to the existence or performance of the Contract without prior Approval, which shall not be unreasonably withheld.
29.1. The Contractor shall keep secure and maintain until six years after the final payment of all sums due under the Contract, or such other period as may be agreed between the Parties, full and accurate records of the Services, all expenditure reimbursed by the Authority and all payments made by the Authority.
29.2. The Contractor shall grant to the Authority, or its authorised agents, such access to those records as they may reasonably require in order to check the Contractor's compliance with the Contract.
29.3. For the purposes of the examination and certification of the Authority's accounts, or any examination under section 6(1) of the National Audit Act 1983 or annual re-enactment thereof as to the economy, efficiency and effectiveness with which the Authority has used its resources, the Comptroller and Auditor General may examine such documents as he may reasonably require which are owned, held or otherwise within the control of the Contractor and may require the Contractor to provide such oral or written explanations as he may reasonably require for those purposes. The Contractor shall give all reasonable assistance to the Comptroller and Auditor General for those purposes.
29.4. Condition 29.3 (Right of Audit) applies only in respect of documents relating to the Contract and only for the purpose of the auditing of the Authority. It does not constitute an agreement under section 6(3)(d) of the National Audit Act 1983 such as to make the Contractor the subject of auditing under that Act.
29.5. Except where an audit is imposed on the Authority by a Regulatory Body (in which case the Authority may carry out the audit required without prejudice to its other rights) the Authority may conduct an audit:
(a) to review the integrity, confidentiality and security of the Authority Data;
(b) to review the Contractor's compliance with the Data Protection Act 1998, the Freedom of Information Act 2000 in accordance with Condition 30 (Data Protection Act and Freedom of Information Act) and any other legislation applicable to the Services.
29.6. Subject to the Authority's obligations of confidentiality, the Contractor shall on demand provide the Authority (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:
(a) all information requested by the Authority within the permitted scope of the audit;
(b) reasonable access to any Sites controlled by the Contractor and to any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Contractor’s system; and
(d) access to the Contractor’s Staff.
30 DATA PROTECTION ACT AND FREEDOM OF INFORMATION ACT Authority Data
30.1. The Contractor shall not delete or remove any proprietary notices contained within or relating to the Authority Data.
30.2. The Contractor shall not store, copy, disclose, or use the Authority Data except as necessary for the performance by the Contractor of its obligations under this Contract or as otherwise expressly authorised in writing by the Authority.
30.3. To the extent that Authority Data is held and/or processed by the Contractor, the Contractor shall supply that Authority Data to the Authority as requested by the Authority in the format specified in Chapter 13 (Information Assurance & Security Standards) of Section 4 – Statement of Service Requirements, and in accordance with Condition 19 (Re-tendering and Handover).
30.4. The Contractor shall take responsibility for preserving the integrity of Authority Data and preventing the corruption or loss of Authority Data.
30.5. The Contractor shall perform secure back-ups of all Authority Data and shall ensure that up-to-date back-ups are stored off-site. The Contractor shall ensure that such back-ups are available to the Authority at all times upon request and are delivered to the Authority when requested.
30.6. The Contractor shall ensure that any system on which the Contractor holds any Authority Data, including back-up data, is a secure system which meets the requirements of Chapter 13 (Information Assurance & Security Standards) of Section 4 – Statement of Service Requirements.
30.7. If the Authority Data is corrupted, lost or sufficiently degraded as a result of the Contractor's Default so as to be unusable, the Authority may:
(a) require the Contractor (at the Contractor's expense) to restore or procure the restoration of Authority Data and the Contractor shall do so as soon as practicable but no later than one (1) month; and/or
(b) itself restore or procure the restoration of Authority Data, and shall be repaid by the Contractor any reasonable expenses incurred in doing so. If at any time the Contractor suspects or has reason to believe that Authority Data has or may become corrupted, lost or sufficiently degraded in any way for any reason, then the Contractor shall notify the Authority immediately and inform the Authority of the remedial action the Contractor proposes to take.
Data Protection
30.8. With respect to the parties' rights and obligations under this Contract, the parties agree that the Authority is the Data Controller and that the Contractor is the Data Processor. “Data Controller”, “Data Processor”, “Data Subject” and
“Personal Data” shall have the meaning as set out in the Data Protection Act 1998. “Process” shall also have the meaning given to it under the Data Protection Legislation but, for the purposes of this Contract, it shall include both manual and automatic processing.
process the Personal Data only in accordance with instructions from the Authority (which may be specific instructions or instructions of a general nature as set out in this Contract or as otherwise notified by the Authority to the Contractor during the Contract Period);
process the Personal Data only to the extent, and in such manner, as is necessary for the provision of the Services or as is required by Law or any Regulatory Body;
implement appropriate technical and organisational measures to protect the Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorised or unlawful Processing, accidental loss, destruction or damage to the Personal Data and having regard to the nature of the Personal Data which is to be protected;
take reasonable steps to ensure the reliability of any Staff who have access to the Personal Data;
obtain prior written consent from the Authority in order to transfer the Personal Data to any sub-contractors or Affiliates for the provision of the Services;
ensure that all Contractor’s Staff required to access the Personal Data are informed of the confidential nature of the Personal Data and comply with the obligations set out in this Condition 30.9 (Data Protection);
ensure that none of Contractor’s Staff publish, disclose or divulge any of the Personal Data to any third party unless directed in writing to do so by the Authority;
notify the Authority within five Working Days) if it receives:
(i). a request from a Data Subject to have access to that person's Personal Data; or
(ii). a complaint or request relating to the Authority's obligations under the Data Protection Legislation;
provide the Authority with full cooperation and assistance in relation to any complaint or request made, including by: (i). providing the Authority with full details of the complaint or request;
(ii). complying with a data access request within the relevant timescales set out in the Data Protection Legislation and in accordance with the Authority's instructions;
(iii). providing the Authority with any Personal Data it holds in relation to a Data Subject (within the timescales required by the Authority); and
(iv). providing the Authority with any information requested by the Authority;
permit the Authority or the Authority’s Representative (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit, in accordance with Condition 29 (Right of Audit), the Contractor's data Processing activities (and/or those of its agents, subsidiaries and Sub-contractors) and comply with all reasonable requests or directions by the Authority to enable the Authority to verify and/or procure that the Contractor is in full compliance with its obligations under this Contract;
provide a written description of the technical and organisational methods employed by the Contractor for processing Personal Data (within the timescales required by the Authority); and
not Process Personal Data outside the European Economic Area without the prior written consent of the Authority and, where the Authority consents to a transfer, to comply with:
(i). the obligations of a Data Controller under the Eighth Data Protection Principle set out in Schedule 1 of the Data Protection Act 1998 by providing an adequate level of protection to any Personal Data that is transferred; and
(ii). any reasonable instructions notified to it by the Authority.
30.10. The Contractor shall comply at all times with the Data Protection Legislation and shall not perform its obligations under this Contract in such a way as to cause the Authority to breach any of its applicable obligations under the Data Protection Legislation.
30.11. The Contractor shall process such personal data only at Sites specifically agreed in writing, in advance, with the Authority.
30.12. If the Contractor fails to comply with any provision of this Condition 30 (Data Protection Act and Freedom of Information Act) then the Authority may summarily terminate the Contract by notice in writing to the Contractor provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall accrue thereafter to the Authority.
30.13. The decision of the Authority upon matters arising under this Condition shall be final.
30.14. The Contractor shall indemnify and keep the Authority fully indemnified against any financial penalties arising from or in connection with any breach by the Contractor or its Staff of any of the provisions of this Condition 30 (Data Protection Act and Freedom of Information Act), or any misuse, loss or unauthorised use or disclosure by the Contractor or its Staff of any Personal Data or sensitive personal data (as defined by the Data Protection Act 1998) relating to any person, where such misuse arises in connection with the Contractor’s provision of the Services or the performance of its obligations under this Contract. Such indemnification is limited to the level Professional Indemnity insurance cover indicated in the Contractor’s Proposal.
Freedom of Information
30.15. The Contractor acknowledges that the Authority is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority to enable the Authority to comply with its Information disclosure obligations.
30.16. The Contractor shall and shall procure that its sub-contractors shall:
(a) transfer to the Authority all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information;
(b) provide the Authority with a copy of all Information in its possession, or power in the form that the Authority requires within five Working Days (or such other period as the Authority may specify) of the Authority's request; and
(c) provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to the Request for Information within the time for compliance set out in Section 10 of the FOIA or Regulation 5 of the Environmental Information Regulations.
30.17. The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations.
30.18. In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority.
30.19. The Contractor acknowledges that (notwithstanding the provisions of Condition 30 (Data Protection Act and Freedom of Information Act)) the Authority may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services:
(d) in certain circumstances without consulting the Contractor; or
(e) following consultation with the Contractor and having taken their views into account;
provided always that where Condition 30.19( a) (Data Protection Act and Freedom of Information Act) applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure.
30.20. The Contractor shall ensure that all Information is retained for disclosure and shall permit the Authority to inspect such records as requested from time to time.
30.21. The Contractor acknowledges that the Commercially Sensitive Information listed in Appendix D is of indicative value only and that the Authority may be obliged to disclose it in accordance with Condition 30 (Data Protection Act and Freedom of Information Act).
31 LIABILITY, INDEMNITY AND INSURANCE
31.1. Neither Party excludes or limits liability to the other Party for:
(a) death or personal injury caused by its negligence; or
(b) fraud; or
(c) fraudulent misrepresentation;
31.2. Subject to Conditions 31.3 and 31.4 (Liability, Indemnity and Insurance), the Contractor shall indemnify the Authority and keep the Authority indemnified fully against all claims, proceedings, actions, damages, costs, legal costs expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Staff on the Premises, including without limitation, in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor or their subcontractors.
31.3. The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or willful misconduct of the Authority or by breach by the Authority of its obligations under the Contract.
31.4. Subject always to Condition 31.1 (Liability, Indemnity and Insurance), the annual aggregate liability of either Party for all Defaults resulting in direct loss including, but not limited to, direct loss of or damage to the property of the other under or in connection with the Contract, and for all Defaults under this Contract shall in no event exceed £10,000,000 (ten million pounds sterling) per Contract Year.
31.5. Subject always to Condition 31.1 (Liability, Indemnity and Insurance) and 31.6 (Liability, Indemnity and Insurance); in no event shall either Party be liable to the other for any:
(a) loss of profits, business, revenue or goodwill; and/or
(b) indirect or consequential loss or damage of any nature and howsoever caused, even if the losses were reasonably foreseeable or the Party has been advised of the possibility of such losses occurring.
31.6. The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor.
31.7. The Contractor shall effect and maintain, and shall procure that their Sub-contractors effect and maintain, with a reputable insurance company, a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Contractor, arising out of the Contractor’s and/or their Sub-contractors performance of their obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such policies shall include cover in respect of any financial loss arising from any advice given or omitted to be given by the Contractor. Such insurance shall be maintained for the duration of the Contract Period and for a minimum of 6 (six) years following the expiration or earlier termination of the Contract.
31.8. Without limitation to Condition 31.7 (Liability, Indemnity and Insurance) the Contractor shall effect and maintain and shall procure that all agents, professional consultants and Sub-contractors effect and maintain, employer’s liability insurance in respect of Staff in accordance with any legal requirement or local statute from time to time in force. The Contractor shall also effect and maintain, and shall ensure that all agents, professional consultants and Sub-contractors involved in the supply of the Services effect and maintain, public liability insurance in accordance with any legal requirement or local statute from time to time in force, and appropriate professional indemnity insurance cover during the Contract Period and for a minimum of 6 (six) years following the expiration or earlier termination of the Contract.
31.9. The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this Condition or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premiums due under those policies.
31.10. If, for whatever reason, the Contractor fails to give effect to and maintain the insurances required by the provisions of the Contract the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor.
31.11. The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in Condition 31.7 (Liability, Indemnity and Insurance) and/or 31.8 (Liability, Indemnity and Insurance).
31.12. The parties expressly agree that neither party shall be entitled to an order for specific performance to enforce any provision hereunder.
31.13. The parties expressly agree that should any limitation or provision contained in this Condition 31 (Liability, Indemnity and Insurance) be held to be invalid under any applicable statute or rule of law it shall to that extent be deemed omitted but if any party thereby becomes liable for loss or damage which would otherwise have been excluded such liability shall be subject to the other limitations and provisions set out herein.
32 CORRUPT GIFTS AND PAYMENTS OF COMMISSION
32.1. The Contractor shall not do (and warrants that in entering the Contract it has not done) any of the following:
(a) offer, give or agree to give to any person in the employment of the Crown any gift or consideration as an inducement or reward for doing or refraining from doing any act in relation to the obtaining or performance of this Contract or any other contract with the Crown, or for showing or refraining from showing favour or disfavour to any Person in connection with the Contract; nor
(b) enter into this Contract if any commission has been paid or agreed to be paid to any person in the employment of the Crown by the Contractor or on behalf of the Contractor or to his knowledge in connection with this Contract or any other contract with the Crown, unless particulars of such commission and the terms of any agreement for the payment of it have been disclosed to the Authority in writing before the Contract is made.
32.2. The Contractor or any of his employees, servants, agents or sub-contractors, or any person acting on his or their behalf, does any of the acts mentioned in Condition 32.1 (Corrupt Gifts and Payments of Commission) or commits any offence under the Bribery Act
2010, with or without the knowledge of the Contractor, in relation to this Contract or any other contract with the Crown, the Authority shall be entitled:
(a) to terminate the Contract with immediate effect by written notice to the Contractor and recover from the Contractor the amount of any loss resulting from the termination;
(b) to recover from the Contractor the amount or value of any such gift, consideration or commission; and
(c) to recover from the Contractor any other loss sustained as a result of any breach of this Condition, whether or not the Contract has been terminated.
32.3. Exercising its rights or remedies under this Condition the Authority shall:-
(a) act proportionately in the light of the gravity and circumstances of the particular breach; and
(b) give all due consideration, where appropriate, to the use of remedies other than termination of the Contract.
33.1. The Contractor shall not unlawfully discriminate either directly or indirectly on protected characteristics such as race, colour, ethnic or national origin, disability, sex or sexual orientation, religion or belief, or age and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the provisions of all relevant legislation including the Equality Act 2010 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.
33.2. The Contractor shall adhere to the current relevant codes of practice or recommendations published by the Equality and Human Rights Commission. The Contractor shall take all reasonable steps to secure the observance of these provisions and codes of conduct by all contractors, employees or agents of the Contractor and all suppliers and Sub-contractors employed in the execution of this Contract.
33.3. The Contractor will comply with any request by the Authority to assist the Authority in meeting its obligations under the Equality Act 2010 and to allow the Authority to assess the Contractor’s compliance with its obligations under the Equality Act 2010.
33.4. Where any investigation is concluded or proceedings are brought under the Equality Act 2010 which arise directly or indirectly out of any act or omission of the Contractor, its agents or sub contractors, or Staff, and where there is a finding against the Contractor in such investigation or proceedings, the Contractor will indemnify the Authority with respect to all costs, charges and expenses (including legal and administrative expenses) arising out of or in connection with any such investigation or proceedings and such other financial redress to cover any payment the Authority may have been ordered or required to pay to a third party.
34.1. The Contractor shall notify the Authority of any health and safety hazards which may arise in connection with the performance of the Services.
34.2. The Authority shall notify the Contractor of any health and safety hazards which may exist or arise at the Authority's Premises and which may affect the Contractor in the performance of the Services.
34.3. The Contractor shall inform all Staff engaged in the provision of Services at the Authority's Premises of all known health and safety hazards and shall instruct those Staff in connection with any necessary safety measures.
34.4. Whilst on the Authority's Premises, the Contractor shall comply with any health and safety measures implemented by the Authority in respect of Personnel and other Persons working on those Premises.
34.5. The Contractor shall notify the Authority's Representative immediately in the event of any incident occurring in the performance of the Services on the Authority's Premises where that incident causes any personal injury or any damage to property which could give rise to personal injury.
34.6. The Contractor shall take all measures necessary to comply with the requirements of the Health and Safety at Work Act 1974 and The Construction (Design and Management) Regulations 1994 and any other Acts, orders, regulations and Codes of Practice relating to health and safety, which may apply to Staff in the performance of the Services.
35 RESPONSIBILITY FOR EQUIPMENT
35.1. The Contractor shall be required to remove all plant, tackle and tools which it brings to the Premises on termination or expiry of this Contract, or at any time at the request of the Authority.
35.2. The Contractor shall ensure that all such plant, tackle and tools shall meet minimum safety standards required by law.
36 TRANSFER AND SUB-CONTRACTING
36.1. The Contractor shall not assign, sub-contract or in any other way dispose of the Contract or any part of it (whether by trust device or otherwise) without prior Approval.
36.2. Notwithstanding Condition 36.1 (Transfer and Sub-Contracting), the Contractor may assign to a third party (“the Assignee”) the right to receive payment of the Contract Price or any part thereof due to the Contractor under the Contract. Any assignment under this Condition 36.2 (Transfer and Sub-Contracting) shall be subject to:
(a) deduction of any sums in respect of which the Authority exercises its right of recovery under Condition 23 (Recovery of Sums Due to the Authority); and
(b) all related rights of the Authority under the Contract in relation to the recovery of sums due but unpaid.
36.3. On giving notice to the Contractor of not less than 30 days, the Authority shall be entitled to assign any or all of its rights under the Contract to any Contracting Authority, provided that such assignment shall not materially increase the burden of the Contractor's obligations under the Contract.
36.4. The Contractor shall procure that its sub-contractors comply at all times with obligations no less onerous than those of the Contractor under this Contract and shall demonstrate such compliance to the Authority on the Authority’s reasonable request.
36.5. The Contractor shall be responsible for the acts and omissions of his sub-contractors as though they were his own.
36.6. The Contractor shall not use the services of self-employed individuals without prior Approval which shall not be unreasonably withheld.
37 SERVICE OF NOTICES AND COMMUNICATIONS
37.1. Except as otherwise expressly provided within this Contract, no communication from one Party to the other shall have any validity under this Contract unless made in writing by or on behalf of the Party concerned.
37.2. Any notice or other communication which is to be given by either Party to the other shall be given by letter, or by facsimile transmission or electronic mail. Such letters shall be addressed to the other Party in the manner referred to in Condition 37.3 (Service of Notices and Communications). If the other Party does not acknowledge receipt of any such letter, facsimile transmission or item of electronic mail, and, in the case of a letter, the relevant letter is not returned as undelivered, the notice or communication shall be deemed to have been given 3 Working Days after the day on which the letter was posted.
37.3. For the purposes of Condition 37.2 (Service of Notices and Communications), the address of each Party shall be:
(a) The Authority's Representative: |
(b) The Deputy for the Authority's Representative: |
(c) The Contractor's Representative: |
37.4. Either Party may change its address for service by notice given in accordance with this Condition 37 (Service of Notices and Communications).
37.5. Both Parties agree to the Governance Structure contained in Section 2, Appendix C.
38.1. If any provision of this Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of this Contract shall continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated. In the event of a holding of invalidity so fundamental as to prevent the accomplishment of the purpose of the Contract, the Parties shall immediately commence negotiations in good faith to remedy the invalidity.
39.1. The failure of either Party to insist upon strict performance of any provision of the Contract, or the failure of either Party to exercise any right or remedy to which it is entitled under the Contract, shall not constitute a waiver and shall not diminish the obligations established by the Contract. A waiver of any breach shall not constitute a waiver of any other or subsequent breach.
39.2. No waiver of any provision of the Contract shall be effective unless it is expressly stated to be a waiver and communicated to the other Party in writing in accordance with Condition 37 (Service of Notices and Communications).
40.1. The Contract shall not be varied unless such variation is made in writing by means of a Variation to Contract Form as set out at Appendix A – Variation to Contract Form.
40.2. In the event of an emergency, the Authority shall have the right to vary the Contract by oral instructions given by the Authority's Representative, which shall be confirmed by the issue of a Variation to Contract Form within 7 days.
40.3. The Authority shall have the right to vary the Services at any time, subject to the Variation being related in nature to the Services being provided, and no such Variation shall vitiate the Contract. The procedure under Condition 40.5 (Variation), for the Contractor to submit more than one quotation to the Authority, shall then be applied.
40.4. The Contractor may request a Variation provided that:
(a) the Contractor shall notify the Authority's Representative in writing of any additional or changed requirement which it considers should give rise to a Variation within seven days of such occurrence first becoming known to the Contractor;
(b) any proposed Variation shall be fully supported by more than one quotation as detailed in Condition 40.5 (Variation).
40.5. The Contractor, within 14 days of being so requested by the Authority's Representative or where requesting a Variation pursuant to Condition 40.4 (Variation), shall submit more than one quotation (from a variety of suitable potential suppliers) to the Authority, such quotations to contain at least the following information:
(a) a description of the work together with the reason for the proposed Variation;
(b) the price, if any, showing where applicable the Prices and Rates used; and
(c) details of the impact, if any, on other aspects of the Contract.
40.6. The price for any Variation shall, unless otherwise agreed between the Parties, be based on the Prices and Rates.
40.7. The Authority shall either Approve or reject any Variation proposed by the Contractor.
40.8. In the event that the Contractor disputes any decision by the Authority to reject a proposed Variation or contends that a proposed Variation is outstanding or continues to be required, the Contractor shall update the information contained in his quotation for the proposed Variation every Month and shall send the updated information to the Authority.
41.1. For the purposes of this Contract the expression "Force Majeure" shall mean any cause affecting the performance by a Party of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but without limiting the generality thereof) governmental regulations, fire, flood, or any disaster affecting a third party for which a substitute third party is not reasonably available. Any act, event, omission, happening or non- happening will only be considered Force Majeure if it is not attributable to the wilful act, neglect or failure to take reasonable precautions of the affected Party, its contractors, agents or employees.
41.2. Neither Party shall in any circumstances be liable to the other for any loss of any kind whatsoever including but not limited to any damages or abatement of Charges whether directly or indirectly caused to or incurred by the other Party by reason of any failure or delay in the performance of its obligations hereunder which is due to Force Majeure. Notwithstanding the foregoing, each Party shall use all reasonable endeavours to continue to perform, or resume performance of, such obligations hereunder for the duration of such Force Majeure event.
41.3. If either of the parties shall become aware of circumstances of Force Majeure which give rise to or which are likely to give rise to any such failure or delay on its part it shall forthwith notify the other by the most expeditious method then available and shall inform the other of the period which it is estimated that such failure or delay shall continue.
41.4. It is expressly agreed that any failure by the Contractor to perform or any delay by the Contractor in performing its obligations under this Contract which results from any failure or delay in the performance of its obligations by any person, firm or company with which the Contractor shall have entered into any contract, supply arrangement or sub-contract or otherwise shall be regarded as a failure or delay due to Force Majeure only in the event that such person firm or company shall itself be prevented from or delayed in complying with its obligations under such contract, supply arrangement or
sub-contract or otherwise as a result of circumstances of Force Majeure.
41.5. For the avoidance of doubt it is hereby expressly declared that the only events which shall afford relief from liability for failure or delay shall be any event qualifying for Force Majeure hereunder.
42 TERMINATION ON INSOLVENCY OR CHANGE OF CONTROL
42.1. The Authority may terminate the Contract by written notice having immediate effect if:
(a) the Contractor undergoes a change of control, within the meaning of section 416 of the Income and Corporation Taxes Act 1988, impacting adversely and materially on the performance of the Contract; or
(b) where the Contractor is an individual or a firm, the Contractor or any partner in the firm becomes bankrupt or has a receiving order or administration order made against him; or makes any compromise or arrangement with or for the benefit of his creditors; or appears unable to pay a debt within the meaning of section 268 of the Insolvency Act 1986; or any similar event occurs under the law of any other jurisdiction in respect of the Contractor; or
(c) where the Contractor is a company, the Contractor passes a resolution or the Court makes an order that the Contractor be wound up otherwise than for the purpose of solvent reconstruction or amalgamation; or a receiver, manager or administrator is appointed (whether out of court or otherwise) (or an application or petition is made in respect of the appointment of any of the foregoing) on behalf of a creditor in respect of the Contractor's business or any part of it; or the
Contractor is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 (on the basis that the words “proved to the satisfaction of the court” are deemed omitted from Sections 123(1)(e) and 123(2) of the 1986 Act); or any similar event occurs under the law of any other jurisdiction in respect of the Contractor.
42.2. The Authority may only exercise its right under Condition 42.1(a) (Termination on Insolvency or Change of Control) within 6 Months after a change of control occurs and shall not be permitted to do so where it has agreed in advance to the particular change of control that occurs. The Contractor shall notify the Authority immediately when any change of control occurs.
43.1. Either Party may terminate the Contract, or terminate the provision of any part of the Services, by written notice to the other Party with immediate effect if the other Party is in Default of any obligation under the Contract and:
(a) the other Party has not remedied the Default to the satisfaction of the initiating Party within 30 days after service of written notice specifying the Default and requiring it to be remedied; or
(b) the Default is not capable of remedy; or
(c) the Default is a fundamental breach of the Contract.
43.2. The Authority shall be entitled to terminate the Contract, or terminate the provision of any part of the Services, by giving a written notice of termination to the Contractor with immediate effect in the event that:
(a) the warranty given by the Contractor pursuant to Condition 8.1 (m) is materially untrue; or
(b) the Contractor commits a material breach of its obligation to notify the Authority of any Occasion of Tax Non-Compliance as required by Condition 8.1 (l); or
(c) the Contractor fails to provide details of proposed mitigating factors which in the reasonable opinion of the Authority, are acceptable;
44 TERMINATION FOR CONVENIENCE
44.1. The Authority shall have the right to terminate the Contract, or to terminate the provision of any part of the Services, at any time by giving 3 Months' written notice to the Contractor. The Authority may extend the period of notice at any time before it expires, subject to agreement on the level of Services to be provided by the Contractor during the period of extension. Termination under this provision shall not affect the rights of the Parties that have accrued up to the date of termination.
44.2. The rights to terminate set out in Conditions 42 (Termination on Insolvency or Change of Control), 43 (Termination on Default) and 44 (Termination for Convenience) are the only circumstances in which this Contract may be terminated and the Contractor acknowledges that it shall have no right to terminate or treat itself as discharged at law. Furthermore, in circumstances where the Authority is entitled to terminate this Contract, it may also terminate this Contract in part.
45 CONSEQUENCES OF TERMINATION
45.1. If the Authority terminates the Contract under Condition 43 (Termination on Default), or terminates the provision of any part of the Services under that Condition, and then makes other arrangements for the provision of the Services, the Authority shall be entitled to recover from the Contractor the cost of making those other arrangements and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period. Where the Contract is terminated under Condition 43 (Termination on Default), no further payments shall be payable by the Authority until the Authority has established the final cost of making those other arrangements.
45.2. If the Authority terminates the Contract, or terminates the provision of any part of the Services, under Condition 44 (Termination for Convenience), the Authority shall reimburse the Contractor in respect of any loss, not including loss of profit, actually and reasonably incurred by the Contractor as a result of the termination, provided that the Contractor takes immediate and reasonable steps, consistent with the obligation to provide the Services during the period of notice, to terminate all contracts with sub-contractors on the best available terms, to cancel all capital and recurring cost commitments, and to reduce Equipment and labour costs as appropriate.
45.3. For the purposes of Condition 45.2 (Consequences of Termination), the Contractor shall submit to the Authority's Representative, within 20 Working Days after service of the notice, a fully itemised and costed list, with supporting evidence, of all losses incurred by the Contractor as a result of the termination of the Contract, or the termination of any part of the Services, to be updated only in respect of ongoing costs each week until the Contract is terminated.
45.4. The Authority shall not be liable under Condition 45.2 (Consequences of Termination) to pay any sum which, when added to any sums paid or due to the Contractor under the Contract, exceeds the total sum that would have been payable to the Contractor if the provision of the Services had been completed in accordance with the Contract.
46.1. The Parties recognise that the TUPE Regulations will apply in respect of award of this Contract. The Parties further recognise that for the purposes of these Regulations, the undertakings concerned may, where required by the TUPE Regulations, transfer to the Contractor on the Commencement of the Contract Period or Commencement of Full Operations in respect of that undertaking.
46.2. The Contractor shall indemnify the Authority against any claim made against the Authority at any time by any person currently or previously employed by the Authority or by the Contractor for breach of contract, loss of office, unfair dismissal, redundancy, loss of earnings or otherwise (and all damages, penalties, awards, legal costs, expenses and any other liabilities incurred by the Authority) resulting from any act or omission of the Contractor after the commencement of the Contract Period, except where such claim arises as a result of any breach of obligations (whether contractual, statutory, at common law or otherwise) by the Authority arising or accruing before the Commencement of the Contract Period.
46.3. The Contractor shall indemnify the Authority from and against any cost (including reasonable legal costs), claim, liability, demand, expense or other legal recourse arising out of or in connection with any claim by any person or any appropriate representative of that person relating to any failure by the Contractor to comply with the requirements of the TUPE Regulations.
46.4. The Contractor shall comply with the TUPE Regulations, all Codes of Practice, Statements of Practice and/or other relevant guidance on workforce matters relating to public sector service contracts and shall indemnify the Authority from and against any cost (including reasonable legal costs), claim, liability, demand, expense or other legal recourse arising out of or in connection with any claim by any person or any appropriate representative of that person relating to any failure by the Contractor to comply with the such extant legislation and/or any such relevant Code of Practice, Statement of Practice or other guidance.
47.1. The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract by use of the following escalation procedure:
AUTHORITY | CONTRACTOR |
Level 1 | |
Level 2 |
47.2. If the dispute cannot be resolved by the Parties pursuant to Condition 47.1 (Dispute Resolution), the dispute may, by agreement between the Parties, be referred to mediation pursuant to Condition 47.4 (Dispute Resolution).
47.3. The performance of the Services shall not cease or be delayed by the reference of a dispute to mediation pursuant to Condition
47.2 (Dispute Resolution).
47.4. The procedure for mediation and consequential provisions relating to mediation are as follows:
(a) If the dispute or difference is not resolved pursuant to the escalation procedure set out above, either Party may (within fourteen (14) days of the last meeting pursuant to the escalation procedure), before resorting to litigation, propose to the other in writing that the dispute be settled by mediation in accordance with the Centre for Effective Dispute
Resolution (“CEDR”) Model Mediation Procedure (the “Model Procedure”).
(b) To initiate mediation, a Party must give notice in writing (an “ADR Notice”) to the other Party requesting mediation in accordance with the Model Procedure. A copy of the ADR Notice should be sent to CEDR.
(c) If there is any point on the conduct of the mediation (including as to the nomination of the mediator) upon which the Parties cannot agree within fourteen (14) days from the date of the ADR Notice, CEDR will, at the request of any Party, decide that point for the Parties, having consulted with them.
(d) Mediation will commence no later than twenty-eight (28) days after the date of the ADR Notice.
48.1. This Contract shall be governed by and interpreted in accordance with English Law and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
49.1. Except where it is expressly provided otherwise, no person who is not a Party to this Contract shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
50 COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS
50.1. The Contractor shall provide the goods and/or Services required under the Contract in accordance with applicable laws and the Authority’s environmental policy, which is to conserve energy, water and other resources, reduce waste and phase out the use of ozone depleting substances and minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.
50.2. The Authority is committed to promoting a low carbon, high growth, global economy. The Contractor shall work with the Authority regarding any environmental or sustainability issues as the Authority considers relevant, comply with contractual obligations and carry out any reasonable request to ensure the protection of the environment, society and the economy and promotion of sustainable development and sustainable procurement throughout the Contract Period.
50.3. All written outputs, including reports, produced in connection with the Contract shall (unless otherwise specified) be produced on recycled paper containing at least 80% post consumer waste and used on both sides where appropriate.
50.4. Nothing in this Condition 50 (Compliance with Environmental Requirements) shall relieve the obligations of the Contractor to comply with its statutory duties and Good Industry Practice.
51.1. The Contractor shall establish and maintain appropriate business standards, procedures and controls to ensure that no conflict of interest arises between Services undertaken for the Authority and that undertaken for other clients. The Contractor shall avoid knowingly committing any acts which are likely to result in any allegation of impropriety against the Authority, including conflicts of interest which are likely to prejudice his independence and objectivity in performing the Contract, howsoever arising.
51.2. The Contractor shall notify the Authority immediately of any circumstances of which it becomes aware which give rise or potentially give rise to a conflict with the Services and shall advise the Authority of how they intend to avoid such a conflict arising or remedy such situation. The Contractor shall subject to any obligations of confidentiality it may have to third parties provide all information and assistance reasonably necessary (at the Contractor's cost) that the Authority may request of the Contractor in order to avoid or resolve a conflict of interest and shall ensure that at all times they work together with the Authority with the aim of avoiding a conflict or remedy a conflict.
51.3. Pursuant to 51.2 (Conflict of Interest), the Authority shall have the right to require that the Contractor puts in place "Ethical Walls" and will ensure and satisfy the Authority that all information relating to the Contract and to the Services and Deliverables completed pursuant to it (to include all working papers, draft reports in both tangible and intangible form) are not shared or made available to other employees, contractors or agents of the Contractor and that such matters are not discussed by the relevant staff with other employees, contractors or agents of the Contractor.
51.4. In the event of a failure to maintain the "Ethical Walls" as described above arising during the course of this Contract, the Authority reserves the right to immediately terminate the Contract on giving written notice to the Contractor and to pursue the Contractor for damages.
51.5. To the extent that any of the Contractor's staff breach this Conflict of Interest Condition, the Contractor undertakes to keep the Authority fully and effectively indemnified in respect of all costs, losses and liabilities arising from any wrongful disclosure or misuse of the Confidential Information by the Contractor's staff. This indemnity shall be without prejudice to any other rights or remedies, including injunctive or other equitable relief, which the Authority may be entitled to, but for the avoidance of doubt shall be subject to the limitations of liability (including without limitation the cap on liability) set out in this Contract.
52.1. The Contractor accepts that the Authority has made it clear throughout the procurement which led to this Contract that the nature of this Contract is such that flexibility will be key to successfully delivering the Services detailed in the Statement of Service Requirements. The Contractor therefore accepts that given the environment concerned, they will from time to time be asked by the Authority to increase and possibly reduce Staff depending on the security situation/requirements therein.
52.2. Whilst increases or decreases in the Contractor’s Staff levels as detailed in Section 3 - Schedule of Prices & Rates and Section 4 - Statement of Service Requirements will be covered by means of the variation procedure detailed in Condition 40 (Variation), where particular circumstances e.g. changing security situation or other developments, necessitate the removal or scaling back of the Contractor’s Staff, the Contractor agrees to make every effort to mitigate any costs incurred by the Authority therein. The Authority’s Representative and Contractor’s Representative will discuss and agree a remedy to any such issues or situations arising which is reasonable and acceptable to both Parties.
52.3. Within its anticipated manpower provision, the Contractor will exercise rigorous attention to making the most effective use of the Staff to meet the requirements specified in the Statement of Services Requirements to minimise periods of Staff inactivity other than when on standby for imminent deployments.
52.4. The Contractor acknowledges that as part of the Services it provides under this Contract, that it is essential for its Staff to work co-operatively with other Authority contractors and Personnel at all times throughout the period of this Contract.
CONDITIONS OF CONTRACT FOR SERVICES
Appendix A – VARIATION TO CONTRACT FORM
[See Condition 40]
CONTRACT NUMBER: | CPG01819 |
CONTRACT TITLE: | PROVISION OF A CONTRACT TO MANAGE ACCESS TO NHS STANDARDS OF CARE FOR HMG STAFF OVERSEAS |
VARIATION NUMBER: | [insert] |
BETWEEN The Secretary of State for Foreign & Commonwealth Affairs, acting as part of the Crown, (hereinafter called ‘the Authority’ and [INSERT CONTRACTOR NAME] (hereinafter called the Contractor’)
1. The Contract is varied as follows:
2. Words and expressions in this Variation shall have the meanings given to them in the Contract.
3. The Contract, including any previous Variations, shall remain effective and unaltered except as amended by this Variation.
SIGNED by the Parties in duplicate:
For the Authority | For the Contractor |
By: | By: |
Full Name: | Full Name: |
Title: | Title: |
Date: | Date: |
Appendix B – CONFIDENTIALITY UNDERTAKING
[See Condition 27.5]
CPG01819 – PROVISION OF A CONTRACT TO MANAGE ACCESS TO NHS STANDARDS OF CARE FOR HMG STAFF OVERSEAS
(To be signed by persons employed in providing the services before being given access to Government information).
This Confidentiality Undertaking is made as a Deed by me, [insert full name] to the Secretary of State for Foreign & Commonwealth Affairs (the “FCO”) in connection with a contract between [ ] and the FCO for the provision of a Contract to Manage Access to NHS Standards of Care for HMG Staff Overseas.
I am employed by I have been informed that I may be required to work for my employer in providing
services to the Secretary of State for Foreign & Commonwealth Affairs.
I understand that information in the possession of the FCO or obtained from the FCO must be treated as confidential. I hereby give a formal undertaking, as a solemn promise to my employer and to the FCO, that:
1. I will not communicate any of that information, or any other knowledge I acquire about the FCO in the course of my work, to anyone who is not authorised to receive it in connection with that work; and
2. I will not make use of any of that information or knowledge for any purpose apart from that work.
I acknowledge that this applies to all information that is not already a matter of public knowledge and that it applies to both written and oral information.
I also acknowledge that this undertaking will continue to apply at all times in the future, even when the work has finished and when I have left my employment.
I have also been informed that I will be bound by the provisions of the Official Secrets Acts 1911 to 1989. I am aware that under those provisions it is a criminal offence to disclose information that has been given to me or my employer by the FCO. I am aware that serious consequences (including criminal sanctions) may follow any breach of those provisions.
EXECUTED AS A DEED by: | |
Surname: | |
Forenames: | |
Date of Signature: | |
In the presence of | (a) (witness) |
(b) (witness) | |
Contractor's Name: | |
Contract Reference No |
Appendix C – KEY STAFF, GOVERNANCE STRUCTURE & SUB-CONTRACTORS
[See Conditions 1.1, 11 and 37.5]
CPG01819 – PROVISION OF A CONTRACT TO MANAGE ACCESS TO NHS STANDARDS OF CARE FOR HMG STAFF OVERSEAS
Healthcare Contract Supplier Relationship Management Governance Structure
Meeting | Agenda items | Attendees | |
Tier 1: Gold Supplier Relationship Meetings | | Strategic direction Contract Performance Risk Management Ideas for innovation and increased | |
efficiency | |||
(Every six months) | |||
Tier 2: Commercial Board (Every six months) | 1. Service Delivery a. KPIs b. Concerns/Issues c. Improvement opportunities 2. Commercial Review a. Budget report b. Savings/costs 3. PAG update | ||
Tier 2: | | Progress against agreed deadlines Performance against agreed quality and service standards (KPIs); Management Information Feedback from users of the contract; Upcoming deadlines and plans to meet them Opportunities to improve the performance of the contract: quality, cost, delivery times, sustainability | |
Contract | |||
Management | |||
Meetings | |||
(Quarterly) | |||
Tier 3: Casework meetings (Fortnightly) | | Complex cases Operational issues Dispute resolution Identifying trends for discussion at | |
quarterly contract meetings | |||
Role | Responsibilities | |
| Senior level ownership – understanding risks and opportunities. Initiate discussions on cost reduction, innovation and new services. Top level dispute resolution. | |
| Officer accountable for performance of an individual FCO Supplier. | |
| Responsible for developing the relationship with the supplier. | |
| Chairs quarterly contract meetings. | |
| Health & welfare policy lead. | |
| First point of call for dispute resolution. | |
| Monitors progress against Key Performance Indicators | |
| Reviews contract to make sure meets evolving business needs | |
| Checks regularly for new risks | |
| Day to day management of the contract including payments. | |
| Provides secretariat for Quarterly Contract Meetings and Gold | |
Supplier Meetings | ||
| Senior level ownership – understanding risks and opportunities. | |
| Manage discussions on cost reduction, innovation and new | |
services. | ||
| Top level dispute resolution. | |
| Officer accountable for performance FCO contract. | |
| Responsible for developing the relationship with the FCO. | |
| Attends quarterly contract meetings. | |
| First point of call for dispute resolution. | |
| Monitors progress against Key Performance Indicators | |
| Reviews contract to make sure meets evolving business needs | |
| Setting medical policies | |
| Taking responsibility for medical decision-making in difficult cases | |
| Acting as the senior medical point of contact for FCO Health & | |
Welfare staff | ||
| Investigating and responding to complaints and/or critical | |
incidents when these are of a medical nature | ||
Healix Sub-Contractors: | RPS Group PLC |
John Bell & Croyden Ltd | |
Dentist | |
UK based medical professionals for scheduled repatriations |
Appendix D – COMMERCIALLY SENSITIVE INFORMATION
CPG01819 – PROVISION OF A CONTRACT TO MANAGE ACCESS TO NHS STANDARDS OF CARE FOR HMG STAFF OVERSEAS
Note: following condition extracted from 1.1 |
Note suitability of this Condition - “Commercially Sensitive Information” means the subset of Confidential Information listed in Appendix D comprised of information: (a) which is provided by the Contractor to the Authority in confidence for the period set out in that schedule; and/or (b) that constitutes a trade secret. |
APPENDIX E – PARENT COMPANY GUARANTEE
CPG01819 – PROVISION OF A CONTRACT TO MANAGE ACCESS TO NHS STANDARDS OF CARE FOR HMG STAFF OVERSEAS
This GUARANTEE is made this day of 2014
BETWEEN
having its main registered office at: [Enter the address of the "Guarantor"] (hereinafter called the "Guarantor")
and
The Secretary of State for Foreign and Commonwealth Affairs, Foreign and Commonwealth Office, King Charles Street,
London, SW1A 2AH
(hereinafter called the "Authority")
WHEREAS
A. The Authority has agreed to enter into a Contract with [Enter name of Contractor] (hereinafter called the "Contractor") having its main registered office at: [Enter the address of the Contractor] for the provision of Access to NHS Standards of Care for HMG Staff Overseas, on the basis that the Guarantor shall execute this Guarantee, and the Contract is subject to such alterations and/or additions as may from time to time be agreed by the Authority and the Contractor;
B. The Guarantor has agreed that it shall to the extent hereinafter set forth guarantee the due performance by the Contractor of its obligations under the Contract.
NOW THEREFORE in consideration of the foregoing and in particular in consideration of the Authority at the request of the Guarantor agreeing to enter into the Contract, it is hereby agreed as follows:
1 The Guarantor guarantees the punctual true and faithful performance and observance by the Contractor of its obligations under or in accordance with the Contract and in the event of any breach of the obligations of the Contractor under the Contract then:
a the Guarantor shall be responsible for and hereby guarantees the Authority against all losses, damage, costs and expenses which the Authority may incur by reason of such breach except that in no event shall the Guarantor suffer a greater liability for loss, damage, costs or expenses in relation to such breach than the Contractor under the Contract, and in addition, or alternatively:
b upon being required to do so by the Authority by notice in writing, the Guarantor shall at its own expense perform or take whatever steps may be necessary to procure the performance of the obligations of the Contractor under the Contract and shall from the date of such notice assume jointly and severally with the Contractor all the rights and obligations of the Contract in every way as if the Guarantor were a Party thereto, and the performance of the Contract shall continue as if the Guarantor and the Authority had been the original parties to the Contract.
2 The Guarantor shall not be discharged or released from this Guarantee by any arrangement made between the Contractor and the Authority or by any alteration in the obligation imposed upon the Contractor by the Contract or by any forbearance whether as to payment, time, performance or otherwise.
3 In the event of Condition 1(b) above being invoked then any contractual notice, direction or other instruction given formally and in writing by the Authority to either Party shall be deemed to have been given to both parties and any payment made by the Authority whether to the Guarantor or the Contractor shall be deemed to be in accordance with the Contract.
4 In the event that the Contractor passes a resolution or the court makes an order that the Contractor be wound up otherwise than for the purpose of bona fide reconstruction or amalgamation, or a receiver, manager or administrator on behalf of a creditor is appointed in respect of the Contractor's business or any part thereof or the Contractor is unable to pay his debts within the meaning of Section 123 of the Insolvency Act 1986, then if so requested by the Authority, the Guarantor shall at its own expense perform or take whatever steps may be necessary to procure the performance of the obligations of the Contractor under the Contract and shall from the date of such notice assume jointly and severally with the Contractor all the rights and obligations of the Contract in every way as if the Guarantor were a Party to the Contract.
5 The Guarantor warrants that this Guarantee shall not be affected by any amalgamation, reconstruction, change of name, change of directorship, status or ownership of the Contractor and the Guarantor will perform or take whatever steps may be necessary to procure the performance of the obligations of the Contractor under the Contract.
6 Before the terms of this Guarantee are brought into effect the Authority shall have taken all reasonable steps against the Contractor in respect of any breach of the Contract. Where such breach is capable of remedy the Authority shall afford the Contractor every opportunity and assistance to remedy such breach.
7 The Guarantee shall be construed and governed in accordance with English Law as interpreted in English Courts.
Signed by: Title:
on behalf of the Guarantor
this: day of: 2014 in the presence of:
Signed by: Title:
on behalf of the Authority
this: day of: 2014 in the presence of:
APPENDIX F – BANK GUARANTEE
CPG01819 – PROVISION OF A CONTRACT TO MANAGE ACCESS TO NHS STANDARDS OF CARE FOR HMG STAFF OVERSEAS
Name of Issuing Bank: ......................
Address: ...........................................
To: The Secretary of State for Foreign & Commonwealth Affairs
We refer to the contract number CPG01819 (the 'contract'), as may be amended at any time, to be awarded/awarded on ..insert contract date.. to ..insert contractor's full corporate name.. whose registered number is ..insert Co reg number.. (the 'contractor') and we hereby irrevocably and unconditionally agree:
1. to pay you any amount or amounts not exceeding in aggregate the sum of £..insert sum.. upon receipt by us at ..insert address.. of your first demand in writing certifying that any one or more of the following has occurred:
a) the contractor has failed in any respect duly to perform and observe, or is otherwise in breach of any of its obligations in and arising from the contract; or
b) any of the contractor's obligations in and arising from the contract are or become void, voidable, unenforceable or otherwise ineffective; or
c) the contract has been terminated owing to a breach or an event of Default on the part of the Contractor; or
d) a receiver, administrative receiver, administrator, liquidator or similar officer is appointed over any or all of the Contractor's undertaking or assets;
For the purposes of this bond any such demand and certification(s) shall be conclusive evidence (and admissible as such) of the statements and the amounts claimed therein;
2. that this bond shall not be affected by any insolvency (including, without limitation, winding up, administration, receivership or administrative receivership), amalgamation, reconstruction, change of name, ownership, control or status or any legal limitation relating to, by or of the contractor or any other person or, where the contractor is a partnership, by any change in the partners;
3. that we shall not be discharged or released from our obligations under this bond by any arrangement or agreement made between you and the contractor or a receiver, administrative receiver, administrator, liquidator or similar officer of the contractor, or by any renegotiation, substitution, alteration, amendment or variation (however fundamental) and whether or not to our disadvantage, to or of, the obligations imposed upon the contractor or any other person or by any forbearance granted by you to the contractor or any other person as to payment, time, performance or otherwise or by any release or variation (however fundamental) of, any invalidity in, or any failure to take, perfect or enforce any other indemnity, guarantee or security in respect of the obligations to which this bond relates or by any other matter or thing which but for this provision might exonerate us and this notwithstanding that such arrangement, agreement, renegotiation, substitution, alteration, amendment, variation, forbearance, matter or thing may have been made, granted or happened without our knowledge or assent;
4. that no failure to exercise or any delay in exercising on your part any right or remedy under this bond or under the contract or any other agreement shall operate as a waiver of such right or remedy;
5. that no settlement or discharge between you and us or the contractor shall be effective if any payment to you in respect of the contractor's or our obligations to you is avoided or reduced by virtue of any provisions or enactments relating to bankruptcy, insolvency, liquidation or similar laws of general application from time to time and if such payment is so avoided or reduced, you
shall be entitled to recover from us the amount of such payment as if such settlement or discharge had not occurred;
6. that you shall not be obliged, before exercising any of your rights under this bond, to take any action against, or make any demand from, the contractor or any other person;
7. that our obligations under this bond are continuing obligations and shall not be considered satisfied, settled or terminated by your giving of any approvals, or taking delivery of any goods, or accepting any performance under the contract and no single, cumulative or partial exercise by you of any right or remedy under or arising from this bond shall prevent any further exercise;
8. that any demand(s) complying with all the requirements hereof must be received by us on or before ..insert date.. ;
9. that all payments under this bond shall be made without set-off, counter claim or other deduction;
10. that this bond shall be governed by and construed in accordance with English law. The parties irrevocably submit to English jurisdiction to the exclusion of all foreign jurisdiction, save that foreign jurisdictions may apply solely for the purposes of giving effect to this paragraph and for the enforcement of any judgement, order or award given under English jurisdiction.
(The following Condition should only be used where the bank is outside of England and Wales)
11. we irrevocably appoint Messrs .. insert name and address of firm of Solicitors in England or Wales.., Solicitors as our agents to accept on our behalf service of all process and other documents of whatever description to be served on us in connection with this bond or any related matter.]
Dated this ...... day of 2014.
Executed as a deed}
by }
as Attorney and on}
behalf of ..bank....} (Attorney)
in the presence of } (Witness)
(Bank Official)
© Crown Copyright 2007-08
(Conditions 20 & 22 refer in particular)
CPG01819 – PROVISION A CONTRACT TO MANAGE ACCESS TO NHS STANDARDS OF CARE FOR HMG STAFF OVERSEAS
1 SOLE REIMBURSEMENT
1.1 The prices stated in this Section 3 constitute the only amounts payable by the Authority to the Contractor for providing the Services. The prices shall include all costs and expenses incurred either directly or indirectly by the Contractor in providing the Services.
2 CONTRACT PRICE
2.1 The fixed Contract Price shall be made up as follows:
Service | Cost Year 1 £ | Cost Year 2 £ | Cost Year 3 £ |
Mobilisation costs (Year 1 only) | |||
Entry Portal | |||
Duty Travel | |||
Overseas Healthcare for Staff and Dependants | |||
Full Occupational Health | |||
Psychological Assessments | |||
TOTALS: | 2,841,739 | 2,841,739 | 2,841,739 |
2.2 As per Condition 20.2 of the Conditions of Contract, the Services being provided to the Authority and directly to the list of PAGs set out in Section 4 – Statement of Service Requirements, the Contractor shall submit an original and a copy invoice to the Authority or directly to the appropriate PAG, in respect of the Services provided by the Contractor.
2.3 Provision of the Services includes a cashless network as detailed in Section 4 – Statement of Service Requirement, Chapter 5, xviii, and Annex H. The management of the network is included in the fixed price Reasonable charges may be levied where the Contractor may be obliged to use a local agent in areas not easily accessible to arrange guarantee of payment. The cost of medical treatment and medical evacuation costs are excluded from the fixed price.
3 CONTRACT PRICE ADJUSTMENT
3.1 In the event that the Contract Period is extended beyond the period specified in Condition 3.1, the rates contained in this Schedule of Prices & Rates in respect of Year 3 shall be adjustable in line with Condition 22.3, based on a figure of up to but not exceeding the average Consumer Price Index (CPIX) rate over the immediately preceding 12 month period prior to the extension.
3.2 In the event of significant fluctuations in the Authority’s requirement during the Contract Period specifically in respect of Contract user figures varying by more than plus or minus 10%, the Contract Price may be
commensurately adjusted to account for a reduction or increase in the resources required for the provision of the Services.
4 VALUE FOR MONEY
4.1 The Contractor undertakes to make all reasonable efforts to ensure that all goods and Services purchased in support of this Contract are purchased at the best possible market price, in line with the Authority’s
requirements to ensure ‘value for money’. For the purpose of this Contract, ‘value for money’ is defined as the optimum combination of whole life costs and quality to meet the Authority’s requirements.
5 DETAILED BREAKDOWN OF COSTS (Contractor’s Tender Pricing Submission)
6 STAFF COSTS (Contractor’s Tender Pricing Submission)
Section 4 |
Ref: CPG01819 |
2. Aim and overview of Healthcare Services 47
4. Occupational Health (FCO, FCOS, DFID, Home Office and Home Office – UKVI and Home Office –
5. Clinical Triage and Medical Services 66
7. Access to Care in the UK 72
8. Evaluation of Doctors and Clinics overseas 74
9. Primary care overseas where standards are below the NHS 76
10. Access to care overseas 77
11. Emergency evacuation/repatriation 79
12. Quality Control and Key Performance Indicators 81
13. INFORMATION ASSURANCE AND SECURITY STANDARDS 90
B. User Population (Overview) 95
C. Existing healthcare services 96
D. UTILISATION 100
E. Brief description of organisations who want to be included in this contract 103
F. LOCATIONS OF FCO CLINICS 108
G. LIST of FCO/PAG LOCATIONS 109
H. CASHLESS BILLING POSTS 117
I. PRIVACY IMPACT ASSESSMENT 118
J. TOP POSTS CASEWORK 122
1
1. Introduction
1.1 This Statement of Requirements details the current Foreign and Commonwealth Office (FCO) and Partners across Government (PAGs) (collectively known as the Authority) requirements for healthcare provision both at their UK offices and at establishments and diplomatic missions overseas (including field locations).
1.2 The contract will be open for all UK Government departments and regional assemblies to join. An indicative list of these are below:
Foreign & Commonwealth Office (FCO), UK Trade & Investment (UKTI), FCO Services (FCOS), British Council , Department for International Development (DfID), Ministry of Defence (MOD), Home Office (HO), Home Office - United Kingdom Visas and Immigration (UKV-I), Home Office - Border Force, Home Office – RALON, National Crime Agency (NCA), Crown Prosecution Service (CPS), Scottish Government, Scottish Enterprise, Her Majesty’s Revenue and Customs (HMRC), Cabinet Office, No.10. The number of lives covered under this contract is expected to be up to 23,000, depending on the number of departments who join. The contractor should be aware that not all departments will join the contract from 1st April 2015; some may join at a later date.
1.3 Broadly, the contract requires:
I. Medical and dental clearance for all staff and dependants. Medical clearance is a pre-requisite for eligibility to the FCO Healthcare scheme. The Contractor should be aware that there may be more than one (1) clearance application per officer during the lifetime of this contract. It is the portal which allows access to one or all of the following services, see Table A below:
a) DUTY TRAVEL – medical cover for officers who travel overseas for periods of 1 day to 6 months. This cover is valid for two (2) years unless the officer experiences a significant health issue which would require the officer to re- apply for Duty Travel clearance. Emergency cover only (i.e. treatment for illness/injury of acute onset).
b) OVERSEAS HEALTHCARE - medical assistance services and case management for staff and dependants posted overseas (typical duration of posting 6 months to 4 years).
c) DUTY TRAVEL, OVERSEAS HEALTHCARE AND UK OH SERVICE.
Please see Table B below for more details
TABLE A
Duty Travel
Entry
Portal
(Medical Clearance)
Overseas
Healthcare only
Overseas
Healthcare plus UK OH
Add on option Psychological assessment for conflict zones
Table B
Department | OH medical clearance for travel or posting (Pre- requisite for all other options) | Duty Travel (Emergency cover only) | Overseas Healthcare - Staff | Overseas Healthcare - Dependants (inc children) | Full OH (inc. UK) | Psychological Assessment (Conflict Zones) | Total Users (See Annex B for breakdo wn) |
FCO (inc. UKTI) | | | | | | | 9719 |
MOD DG SEC POL | | | | | X | X | 1763 |
MOD P JHQ | | | | | X | X | 485 |
MOD AIB | | | | | X | X | 822 |
MOD RAF | | | | | X | X | 360 |
MOD ADOC | | | X | X | X | X | 1200 |
MOD DEF LANG | | | X | X | X | X | 150 |
MOD JFIG | | | X | X | X | X | 23 |
Home Office - UKVI | | | | | X | X | 1632 |
DFID | | | | | | X | 1627 |
Home Office - Border Force | | | | | X | X | 1550 |
British Council | | X | | | X | | 688 |
FCO Services | | | | | | | 651 |
National Crime Agency | | | | | X | X | 550 |
HMRC | | | | | X | X | 504 |
Stabilisation Unit | | | X | X | X | X | 100 |
Home Office | | | | | X | X | 229 |
Cabinet Office (inc No.10) | | | X | X | X | X | 200 |
CPS | | | | | X | | 125 |
Scottish Govt. | | X | | | X | X | 30 |
Scottish Enterprise | | X | | | X | X | 31 |
Home Office - RALON | | | | | X | X | 347 |
1.4 Each PAG will be responsible for its own share of the management fee and actual medical costs incurred by its employees.
1.5 The numbers of staff and dependants who will use the services covered by the contract (herein referred to as Users) at any one time is likely to vary, though not significantly, according to the services required. It is also impossible to be precise about the number of staff travelling on short duty visits.
1.6 The Contractor will be mindful that UK Government Departments work to the direction of national authorities and that security of personnel, their dependants and the national interest is not to be compromised by the Contractor’s processes or communications, whether directly or through partners or sub-contractors.
2
2. Aim and overview of Healthcare Services
Overview
2.1 The aim of the scheme is to provide access to NHS standards of medical and dental care, as far as practicable, for staff and dependants posted overseas. Where this is not practicable, the risks must be understood and made clear.
2.2 The service requirement is complex and challenging. The Contractor will be required to provide access to medical and dental care worldwide in all types of environments. The Contractor must also be able to refer cases back into the NHS system or the Defence Medical Services (DMS) when required. The user populations are varied and include many foreign born staff members and partners who may not have automatic entitlement to the NHS; this will provide a challenge for the Contractor to look at innovative solutions to the provision of care for this group.
2.3 The Users will expect the Contractor to continue to look for innovative ways of providing services to improve the overall benefits of the scheme and the effectiveness of provision, and provide the members with optimum value for money.
2.4 In addition to the healthcare services required, the Contractor will be required to maintain a worldwide medical providers’ intelligence database to inform UK Government planning organisations, details of which must be shared with the User when case management requires it.
Challenges
2.5 The number of Users covered by the existing contract will vary with the service needs of each of the main stakeholders. See Annex B for User population numbers and Annex E for descriptions of the different organisations.
2.6 All organisations or departments identified separately from the FCO will need to pay directly for their share of the management fee and any services they need. For MOD, overseas assignments and funding is managed at a sub-department Level – the internal team. The Contractor is to be able to relate each enrolled patient to the correct internal team with separate billing to each internal team; all communication must be with the point of contact for the correct internal team. The current MOD internal teams are shown at Annex B.
2.7 All organisations post officers abroad in different ways and at different times. This will provide a challenge for the Contractor in the provision and delivery of health checks.
2.8 The need to manage individuals who travel abroad at short notice combined with the requirements of families posted to remote diplomatic missions will provide the Contractor with an exciting opportunity to develop a high quality and effective primary, secondary and occupational healthcare service.
2.9 Consent will need to be obtained for the transfer of medical case notes (electronic or paper) from the current Contractor to the new one. There are a number of case files which will need to be collected and stored (according to Dept. of Health and UK Data Protection regulations) during the implementation of the new service.
2.10 There is the need for 24 hours per day, 7 day per week, and 365 days per year global provision which will, in turn, require a variety of specialist knowledge and experience bases.
2.11 The language in which all the services should be provided is English, the ability to communicate in other languages will be useful. The Contractor must have access to a medical translation service for translating medical and dental reports when required. The Contractor must be aware of potential communication issues with telephone/email in some locations due to unreliable connectivity. The Contractor must have in place a protocol to deal with this.
2.12 The location of the majority of services will need to be in the UK because of the close working relationship required. (The access point, clinical triage and medical services and occupational health being the major services).
2.13 There will be a need to establish absolute clarity between the disciplines, particularly those of primary care and occupational health, in order to ensure professional and ethical standards of care and to protect the organisations from potential litigation.
2.14 Like all large organisations, the FCO and our Partners across Government have unique cultures and commitment to the public service work that they do.
2.15 It will therefore be necessary to establish strong links with the internal teams who will be used to working within the culture of the organisation and will be familiar with the complexity of the overseas postings. The Contractor must be aware that some of their staff will be required to undertake Developed Vetting security clearance to include but not limited to Contract Manager, Chief Medical Officer, OH Physician and OH Nurse.
2.16 This service will need to be managed proactively and time must be taken to understand and work within the culture and operational context. Visits between the Contractor’s staff and User’s Health and Welfare staff are required so that the
Contractor’s staff quickly build up this understanding.
2.17 The service will need to provide access to both primary and secondary care both in the UK and abroad. Services available on the NHS are the benchmark used to determine what services are available to Users.
2.18 It is absolutely essential that accurate data is kept to evaluate current services and enable effective future development and budgeting. This data should form part of the Management Information where requested.
2.19 Patient Tracking. Whenever a patient is placed into medical care overnight, usually as an in-patient hospital stay, the point of contact for the relevant internal team will be informed as soon as possible. Such information will be updated as required until the patient is returned to the UK or returned to their normal accommodation at Post.
2.20 The Users will require the Contractor to undertake patient satisfaction surveys during the lifetime of this contract.
The Model
Overview of the model
The model describes a service delivered by one organisation with a good knowledge of NHS healthcare in the UK and globally but also recognises that there may be the need for some elements to be sub contracted. The utilisation matrix is at Annex D.
Protocols and Guidelines
2.21 The provider will need to develop protocols and guidelines for each element of the service as described in the main part of this document.
2.22 The provider will need to verify that doctors in the UK are registered to practise with the General Medical Council (GMC) and have a licence to practise. Nurses will need to be registered with the Nursing Midwifery Council (NMC).
2.22.1 In the Occupational Health Service, the doctors provided by the contractor will be either a member or a fellow of the Faculty of Occupational Health Medicine. The nurses provided by the contractor will be Occupational Health trained. The nursing team provided by the contractor will consist of an expert occupational health nurse who is on the NMC specialist register for Specialist Community Public Health Nurse – Occupational Health, with the designation OH or ROH, leading a team of experienced occupational health nurses.
2.22.2 In the Clinical Triage Service the doctors provided by the Contractor should have additional qualifications in general practice and emergency care and should be recognised by the NHS. Qualifications in travel and /or aviation medicine would be an advantage. Nurses provided by the contractor need to have experience / qualifications in practice nursing/ travel health and emergency care.
2.23 A register will need to be maintained and updated recording all qualifications and competencies of all clinical and administrative staff.
The Elements of the Model
The Contractor’s Access Point
2.24 The Contractor’s Access Point will control entry to the service by managing the eligibility guidelines. The Access Point will become the central facility for the collection of all data, collation of management information and the conduit for all other services. This is designed to ensure that Users have ease of access and are directed correctly to the appropriate service in the shortest possible time
This should ensure:
(i). Consistency of approach;
(ii). Flexibility of service provision within agreed protocols;
(iii). Service quality;
(iv). Full service coverage.
2.25 In a small number of instances, national security constraints will require the Contractor to enrol Users without declaration of their name or destination. In the event of a need for healthcare provision, the enrolled User will contact the Contractor and divulge all the information required to enable care to be obtained.
2.26 The Contractor’s Access Point will also enable the centralisation of bill payment and authorisation of treatment, ensuring consistency and cost effectiveness including cost leverage for overseas treatments.
2.27 The Contractor’s Access Point will redirect calls, as required, to other services. Where the call requires clinical input the distinction between primary care and occupational health must be preserved. Any clinical services will be manned by doctors/nurses and will have the facility both to give clinical advice and access to the individual services within their portfolio.
2.28 The Contractor’s Access Point will be in a position to:
(i). Receive and record pre-posting medical forms passing them on to clinical triage nurses for evaluation;
(ii). Make appointments where required with NHS GPs in the UK and with their preferred primary care providers abroad;
(iii). Make appointments for secondary care, within the NHS, in the UK and with their preferred secondary care providers abroad;
(iv). May make transfer flights and hotel bookings for Users back on medical journeys if required;
(v). Provide general information on services available and how to access them; (vi). Manage the administrative details for Users accessing the services;
(vii). Redirect Users to the Clinical Triage team for medical advice regarding illness abroad, general or specific advice for travel and living abroad, children, pregnancy etc. Or to the FCO/PAG Occupational Health call centre for advice to staff and line managers on work related health issues;
(viii). Receive and pass on as appropriate repeat prescription requests; (ix). Receive and pass on as appropriate dental evaluation requests.
Existing Services within FCO
2.29 There are a number of internal departments and services which are available to employees and dependants and the provider will need to liaise with them as part of the overall healthcare programme. Please see the information on these in Annex C.
Existing Services within PAGs
2.30 The contractor will need to be aware of other services within PAGs with which they may need to liaise. For example DfID also has a Health & Wellbeing section, FCO Services have a Health & Welfare team and the MOD runs the Defence Medical Services, the Defence Patient Tracking Cell and the Defence Aeromedical Evacuation Control Centre.
Occupational Health
Occupational Health will consist of a helpline and the provision of telephone or face to face services
2.31 The OH Helpline will receive all work related enquiries/requests. There will need to be an appointment facility and a link to clinical services to ensure that services are not duplicated and are undertaken by the most appropriate service.
2.32 There will need to be the ability to:
(i). Receive /record and evaluate pre-employment health assessment/pre- placement forms on/off line;
(ii). Provide telephone evaluation of any on-line forms that have not been automatically cleared;
(iii). Provide remote case management;
(iv). Provide clear management advice on-line or by telephone and by written reports;
(v). Provide appointments for face to face assessments;
(vi). Collate and provide management information as specified by the Contractor.
Clinical Triage and Medical Services Helpline
2.33 The Clinical Triage Helpline will receive all calls relating to treatment and health advice not associated with the workplace, for employees posted or on duty travel only. The same service will be available as a helpline for employees’ family members and dependants posted abroad who require healthcare/advice.
2.34 It will act as a conduit for evaluation of symptoms and referral, where appropriate, to a primary care provider overseas and if necessary secondary care. It will ensure that the service provided abroad is as near NHS standards as possible by monitoring the quality of decision making, evaluating local doctors and health facilities regularly.
2.35 Evaluation of overseas doctors/healthcare, should include (and is not limited to), standards of training (doctors and nurses), on-going professional development, appropriate licences and insurances, availability and training in use of equipment, use of evidence based care.
2.36 Standards of clinics and healthcare facilities abroad need to be evaluated against NHS standards and information shared with the clinical triage service.
2.37 Details of primary care providers must be available in every post. A GP, paediatrician, gynaecological specialist and a dentist should be made available for each post where possible.
Primary and Secondary care overseas
2.38 Liaison is required with existing FCO clinics (see Annex F) and primary care providers overseas to ensure continuity of care for those staff and their families who are posted overseas.
2.39 The provider will need to facilitate access to secondary care either through a network of providers or strategic centres of excellence.
2.40 This care should be monitored to ensure the best available care is given (to NHS standard) and to reduce risk to patients of over or under investigation and treatment.
Emergency evacuation / repatriation
2.41 There will be a requirement to arrange for the evacuation/repatriation of cases in the event that the emergency treatment is not available in the country of residence or a suitable nearby centre of excellence.
Primary care provider in the UK
2.42 Users posted overseas may need help accessing GP services if they return to the UK on a medical journey and have not been able to retain their original UK GP. Liaison with GPs will be required.
Access to secondary care in the UK
2.43 A pathway for referral into the NHS for secondary care where the individual posted abroad needs or wishes to receive treatment in the UK. FCO/PAG welfare to be involved in decision. For the MOD, the internal team must authorise return to the UK.
Key success factors
2.44 The key to the success of this service will be the effectiveness of its co-ordination and communication strategy. While highly sophisticated and preferably electronic systems will be needed to link all the elements of this service and its Users, there
must be evidence of a UK orientated ‘voice of the FCO Healthline’ in verbal and written communications from the contractor with:
(i). The FCO/PAGs and managers responsible for the monitoring and funding of this service;
(ii). The staff and their dependants for whom this service may become a lifeline; (iii). The different sections of the service that will require accurate and timely
information so that they can offer the best most professional service to their customers.
2.45 The provider should be prepared to be audited by an external independent auditor on an annual basis.
2.46 Details of the service requirements are set out in 3 – 11 below.
3
3. Access Point
Key Elements
3.1 The Contractor will provide a dedicated twenty four (24) hours per day, seven (7) day a week service which will provide one point of access for all Users covered by this contract.
3.2 The service will be delivered remotely with the call centre facility being situated in the UK during UK working hours and readily accessible from central London.
3.3 The Contractor will provide a dedicated contract manager/s who will be the single point of contact for Users’ contract management. The Authority will require certain of the Contractor’s staff to undergo Developed Vetting security clearance; this will usually include the Contract Manager, Chief Medical Officer, the lead OH Doctor and the lead OH Nurse as a minimum.
3.4 It is preferred that the Contractor’s Access Point will be the initial point of contact for all enquiries. However to reduce redirections for FCO Users, there may also be direct access to the occupational health service in the UK.
3.5 The Contractor will ensure that the Access Point is staffed by dedicated administrative call handlers working to guidelines and protocols developed and agreed with FCO contract management to take account of the requirements of all PAGs. These will include:
(i). Eligibility for access to the services;
(ii). User identification and location of individual requiring care (important for billing and monitoring);
(iii). Guidelines and information for Users on all aspects of the service for example how to access repeat prescriptions or dental opinions;
(iv). Knowledge of organisational policies relating to health and welfare issues; (v). Triage criteria for referral to OH or clinical teams;
(vi). Access point staff must be fluent in English and use plain English when responding to customers;
(vii). Procedure for communication with Users and contract management; (viii). Data and information requirements;
(ix). Knowledge of overseas clinics/healthcare facilities and hospitals; (x). Evacuation/repatriation service;
(xi). Other services provided by the organisation e.g. welfare officers, EAP; (xii). Maintain a list of posts and Corporate Services officers;
(xiii). Receive and record pre posting medical forms, passing them on to clinical triage nurses for evaluation if required;
(xiv). Make appointments, where required, with GP’s in the UK (for referral
into NHS services or after medical journeys) and with preferred primary care providers abroad;
(xv). Make appointments for secondary care within the NHS in the UK and with preferred providers abroad;
(xvi). Manage the administrative details for people accessing the services; (xvii). Redirect Users to clinicians for medical advice regarding illness abroad,
general or specific health advice for travel, living abroad, children, pregnancy etc. Or to the occupational call centre for advice to staff and line managers on work related health issues if needed;
(xviii). Receive and deal with as appropriate repeat prescription requests, this will include childhood vaccinations for the UK schedule that are not available at post;
(xix). Receive and deal with as appropriate dental evaluation requests.
3.6 Call handlers will need to be fully aware of what and how services are to be provided, including contract specific requirements. The contractor will need to demonstrate protocols for advice, pathways and links to all other parts of the service model. Specific training and accreditation will need to be provided for all the dedicated call handlers.
3.7 A facility for receiving and recording pre-posting health assessment forms on-line will need to be set up so that the data can be captured. The Contractor will also provide an alternative telephone access with a ‘helper’ filling in the form, from
answers provided over the telephone. Any failures of pre-posting questionnaires will need to be dealt with by clinical services or assessed for referral to occupational health.
3.8 There will need to be liaison with occupational health to offer appointments as referred by clinical team.
3.9 Access Point staff need to be able to receive repeat prescription requests from Users abroad, forward them for approval to clinicians, collate an order for medicines, receive the order from a supplier, forward medication and prescription to a clinician for checking and repack for onward transmission to individual. All organisations using this service must be identified for delivery purposes.
3.10 Access Point staff will need to be able to deal with requests for dental assessments. These are treatment plans received from overseas dentists, and may include x-rays and moulds. These need to be assessed against the NHS benchmark by a UK registered and licensed dentist. If the treatment plan is compatible with NHS guidelines then authorisation can be given for the individual to proceed with treatment. If the treatment is outside the UK guidelines the individual will require advice as to what is allowable and what is not. Staff need to be aware of the organisational guidelines relating to orthodontic treatment.
3.11 If required Access Point staff must be able to organise hotel bookings and transfer journeys (if medically necessary) for people back on medical journeys.
3.12 The Contractor needs to be able to collect, collate and communicate data for all services from all elements of the service described in the model.
3.13 Once management of a patient’s care is no longer the responsibility of the Contractor (for example on return to UK posting), all medical information collected is to be passed to the receiving primary healthcare organisation; this will normally be the NHS or DMS.
4
4. Occupational Health (FCO, FCOS, DFID, Home Office and Home Office – UKVI and Home Office – RALON only)
Full OH services are required by the FCO – other groups require specific parts of this service, see Annex E.
4.1 The Contractor will provide Occupational Health services via a call centre and face to face appointments with Users. Within the model of Healthcare Provision this service will be available between the hours of 09.00-17.00 Monday to Friday in the UK. It will be a proactive, positive and a well-being centred service. (An industry leader in maintaining a healthy workforce) This service must liaise with the FCO in house OH physician.
4.2 The Contractor will as part of the transition plan, detail how they will receive and migrate electronic files from the present contractor to their ICT on day one of the contract.
4.3 The Contractor will also ensure that electronic files are stored in a suitable format to enable files to be transferred at the end of the contract to an incoming service provider. The current case management system is bespoke, and data storage incorporates two distinct classes of data: Structured data, such as officer/dependant data and case activity records; and unstructured data in case document and attachment files. Data will be passed on to a new provider in two corresponding formats:
Structured data will be extracted from SQL DBs into text files(s) in XML or csv format
Case documents and attachments will be provided in a flat folder tree with individual files, and having multiple common file types.
4.4 The contractor will ensure that storage of electronic files fully conforms to any Data Protection Act requirements and the Department of Health guidelines for medical records.
4.5 In the occupational health service the doctors provided by the Contractor will be either a member or a fellow of the Faculty of Occupational Health Medicine and have experience of advising employees who travel/work overseas. The occupational
health staff will be required to undergo security clearance as required by the Authority.
4.6 The Contractor will also provide an appointed doctor for ionising radiation and asbestos as required.
4.7 The nurses provided by the Contractor will be occupational health trained and have postgraduate qualifications in OH.
4.8 The nursing team provided by the Contractor will consist of an expert occupational health nurse who is on the NMC specialist register for Specialist Community Public Health Nurse – Occupational Health, with the designation OH or ROH, leading a team of experienced occupational health nurses. Expert means an autonomous practitioner who can provide advice to the organisation on a wide range of subjects. Experienced means a nurse with broad experience of a mixture of hands on OH work plus call centre work.
Occupational Health Call Centre (OH Call Centre)
4.9 The Contractor’s OH Call Centre must have the capability to receive all calls relating to OH which may have been passed through the Access point or which have been made direct to OH. Callers will need to be validated for service eligibility and a distinction made between callers making enquiries or seeking advice on behalf of themselves and managers seeking advice and guidance on the management of cases.
4.10 The Contractor’s OH Call Centre will be the administrative hub for both itself and the OH service. It will be the hub of the service, providing integration with other healthcare providers and give support to clinicians.
4.11 The Contractor’s OH Call Centre will direct callers to appropriate service providers whether external or internal.
4.12 The Contractor’s OH Call Centre will provide Users with the ability to make appointments:
(i). with the OHA or OHP for pre-placement management referrals, and clearance queries via telephone follow up where required;
(ii). with OHA or OHP for face to face follow up as above;
(iii). for health surveillance where indicated by health and safety risk assessment.
And to:
(iv). organise case management reviews;
(v). maintain a bring-up system for repeat consultations, to action at appropriate dates, keeping referring officer informed.
Advice
4.13 The Contractor’s OH Call Centre will at all times make available trained and experienced occupational health advisers who will advise on all OH matters to Users, managers and human resources, working within agreed confidentiality guidelines.
4.14 All advice provided to Users by the Contractor’s OH Call Centre will be up-to-date and clinically approved (evidence based) health advice. For example this might include occupational exposure, work station assessment or well-being at work. The Contractor’s OH Call Centre will also administer the pre-placement health assessment process.
Health Assessment
4.15 There are currently on line medical assessment forms for:
(i). Fitness for work (pre-employment, pre-placement, pre-posting, including return to post after medical journeys);
(ii). Fitness for overseas posting (condition management overseas and includes return to post after medical journeys);
(iii). Short term duty traveller;
(iv). Pre hostile training fitness assessment and psychological assessment for staff in hostile environments. A separate price should be provided for this service.
4.16 The Contractor will also provide an alternative telephone access with a ‘helper’ filling in the form, from answers provided over the telephone.
4.17 The Contractor will carry out an automated initial assessment for healthy individuals and reported within 24 hours.
4.18 The Contractor will escalate any failure at the initial level, to an OH nurse for further assessments for pre-employment/pre-placement health assessment only. For pre posting failures, escalation will be to the clinical services team who will ‘sort’ them into OH failures or failures related to medical support needed in country.
4.19 The Contractor will ensure that once this secondary assessment has taken place the candidate is either passed fit and HR/Posting Team informed within twenty four (24) hours or five (5) working days if further information is sought through telephone consults within the appropriate area (Occupational health or clinical triage). If face to face consultation is required the process should be complete within two (2) weeks.
Management Information
4.20 The OH helpline will collect and collate all management information which should be sent on to the organisation(s) on or before the 7th calendar day of each month.
Case management
4.21 The Contractor’s OH advisers will provide case management advice for referrals under sickness absence policies. Including provision of:
(i). Initial assessment;
(ii). Case management plan;
(iii). Feedback to line manager and HR;
(iv). Weekly monitoring and status reporting; (v). Referral to OHP if indicated;
(vi). Return to work/rehabilitation plan; (vii). Sign on for fitness to return to work;
(viii). Liaise with other healthcare providers to ensure that cases are managed effectively and Users are in receipt of the best quality of service.
Management referral/ Case Management
4.22 See Annex D for user groups for this service.
4.23 On receipt of a management referral the contractor will assign the case to an OH nurse case manager. The OH nurse case manager will carry out an initial assessment of the case by telephone or face to face if appropriate for both those at home and overseas, where they are made aware of the absence.
4.24 The contractor will develop and deliver a case management plan outlining follow up and referral in line with agreed protocols, linking in with other providers such as the Employee Assistance Programme and the FCO Health and Welfare Department (or organisational equivalent).
4.25 The contractor will liaise with the primary care provider to obtain progress reports diagnosis and prognosis where appropriate. A discussion should also take place about suitability, appropriateness and timing of treatment.
4.26 It may also be necessary to liaise in the same way with the clinical triage for employees absent from work overseas.
4.27 The contractor will provide appropriate written feedback to referring managers within 3 working days; this should only address fitness for work (for example what an officer can do) or length of absence, unless specific informed consent has been given. All reports should give a clear recommendation.
4.28 The Contractor will ensure that all cases are followed up to their conclusion with tracking protocols in place to ensure continuous, appropriate and timely review and resolution. Any cases requiring more than 3 (three) reviews must be escalated to a case conference with the relevant FCO/PAG Welfare Officer.
Rehabilitation and return to work
4.29 The Contractor’s Case Managers must provide proactive rehabilitation which will include explicit time limited return to work plans. These will need to be discussed and agreed with the individual their general practitioner/clinical triage, line manager and Human Resources.
4.30 In the event that redeployment becomes an option, advice will need to be provided by the Contractor to Human Resources, when advising on suitable alternatives.
4.31 Where necessary or upon request, case conferences should be facilitated by the Contractor between OH and HR, in line with the absence management policies.
4.32 The Contractor will develop a mechanism for confirming fitness to return to work in UK or overseas and updating information through to the relevant holders of the medical records.
Direct (face to face) Services
Contractors will deliver the requirements from their own premises; there is limited room at the FCO offices in London and Hanslope Park. The Contractor must be able to provide face to face consultations in the following locations – London, Glasgow, Milton Keynes and Hanslope Park.
4.33 Key elements:
(i). Face to face pre-placement follow ups by OHAs or OHP for those referred from the electronic form;
(ii). Face to face medical clearance for postings, where required as above; (iii). Health surveillance as required by risk assessments;
(iv). Workstation assessments for symptomatic individuals for whom reasonable adjustments have not worked;
(v). Health promotion at different work locations. (London, Hanslope Park and Milton Keynes);
(vi). Integration with other healthcare providers.
Pre-placement Health Assessment
4.34 The Contractor will provide a facility for OH nurse follow up and OH Physician referral if necessary.
4.35 The Contractor will ensure that unfit candidates are referred back to their GPs for treatment and reviewed following successful treatment. OH support should be provided to assist the individual to reach fitness e.g. liaison with GP/Specialist.
Medical Clearance for posting
4.36 Medical clearance for posting overseas is required for all Users and their dependants (adult and child). There is a requirement for a child specific clearance accessed in the same way as the adult form. The Contractor will manage all posting clearances through Clinical Triage and Medical Services:
(i). All clearances for an individual should be linked to form a coherent occupational or medical history;
(ii). The medical clearance of the officer should be copied to his or her occupational health file. (Consent obtained via completion of the on line form);
(iii). Vulnerable individuals need to be identified;
(iv). Medical clearance is required after each medical journey and Occupational Health will work with Clinical triage and Medical services to co-ordinate return to work and post.
PAGs may access OH Services at this point.
Health Surveillance
4.37 The Contractor will ensure that suitably qualified OH or health surveillance nurses under the guidance of a senior OH nurse carry out appropriate health surveillance based on the risk assessment of roles and in line with statutory requirements and best practice.
4.38 The Contractor will carry out these examinations at the office locations in London, Hanslope Park and Milton Keynes. Please see Annex D for current utilisation levels.
4.39 The Contractor will follow OH best practice and nurse protocols will need to be developed once the testing schedule has been agreed.
Ergonomic/Workstation/Display Screen Equipment Assessments
Note: In FY 14/15 the FCO intends to introduce a Ergonomic/Workstation/DSE Assessment Coordination Service. This service is likely to make use of an ‘Ergonomic/Workstation
Coordination Web Tool’ and all service providers/contractors involved such as Occ Health, Disability, and Volunteer Assessors are to interface with this system when it is implemented.
4.40 The Contractor will carry out Ergonomic/workstation/Display Screen Equipment (DSE) assessments for individuals who are reporting symptoms.
4.41 Requests for the assessments will come from the line managers, occupational health call centre and the FCO’s appointed Workstation Assessment Coordinator.
4.42 The Contractor will ensure that assessments are carried out by a competent person for example a suitably qualified and experienced OH adviser who will collate the information, advise the individual and report back to the line manager. The report will contain advice on the adjustments and technical specification of any equipment required to remedy the situation.
4.43 The supplier and supplier’s Workstation Assessor will need to interface with FCO’s designated Workstation Coordination Service. This will require the Contractor and their Workstation Assessors to sign up to use the FCO’s DSE coordination web tool.
4.44 The Contractor and their Workstation Assessors are to provide advice that integrates with FCO policies on:
4.44.1 Standard provision of workplace chairs/office equipment;
4.44.2 Standard provision of computer/workstation equipment; and
4.44.3 Reasonable behavioural changes users can apply.
4.45 Where necessary the Contractor may need to visit the office of the user in the UK. For referrals from overseas telephone consults may be required and advice provided.
4.46 In circumstances where a clinical assessment indicates that further advice is required, the Contractor will ensure that a referral to the OH physician is made and the individual and line manager informed immediately.
4.47 For staff overseas, who need referral to a physician, the Contractor will ensure that the OH Helpline liaises with Clinical Triage and Medical Services for referral to appropriate clinician.
4.47.1 The Contractor will ensure that immediately on receipt of a report, the case is reviewed and the appropriate action taken.
4.47.2 The Contractor will contact Health and Welfare, if specialist referral is required (beyond that of the OH review).
Long term sickness absence and Medical Retirement
4.48 The Contractor will case manage long term sickness absence following FCO/PAG policy. They will liaise with the FCO/PAG OH physician who will monitor where relevant. The FCO OH physician/or PAG will take over complicated and especially protracted cases.
4.49 If attempts at rehabilitation are unsuccessful for medical reasons, cases should be prepared for pension fund adjudication and possible Medical Retirement by the Civil Service Pension Scheme independent assessor. All such cases will be reviewed by the FCO OH physician or PAG OH.
Health Promotion
4.50 The Contractor will develop and deliver a detailed health promotion programme which will be delivered through a variety of platforms (including multimedia) both in the UK (at different sites) and abroad and should contain the following components:
4.51 A minimum of four (4) campaigns per year, with all campaigns being linked to national health promotion campaigns including the government health, work and wellbeing initiative.
Advice on major medical incidents
4.52 The Contractor will work with the FCO OH physician and PAGs as needed to give accurate and timely advice to the Users in the event of a major medical event e.g. Pandemic flu.
4.53 The Contractor will provide assistance to the FCO OH physician and PAGs as required to give accurate and timely advice to the Users in the event of a major medical event
e.g. Pandemic flu.
4.54 The Contractor will provide assistance to the FCO OH physician as needed to develop protocols that will protect staff overseas and possibly assist with advice to the British nationals and local staff in these areas at the time of medical emergency.
4.55 Pandemic illnesses; The Contractor will have the capacity to set up an advice line for staff in event of a pandemic.
4.56 The Contractor will work with the Clinical Triage and Medical Services to enable access to antivirals such as Tamiflu and antibiotics according to DH guidelines. See http://www.mhra.gov.uk/Publications/Consultations/Medicinesconsultations/MLXs/ CON038669 Protocols will be provided.
5
5. Clinical Triage and Medical Services
Because of the complexity of the services required the Clinical Triage and Medical Services is divided into Sections 5-11. It is expected that these services will work as a comprehensive integrated system. It is divided only to give added detail to prospective Contractors.
5.1 The Contractor will provide Users with a telephone based 24 hours a day/7 days per week clinical triage service staffed by qualified nurses with doctor (needing GP or travel/aviation specialist skills) support.
5.2 The Contractor’s Clinical Triage and Medical Services will receive calls transferred from the Access Point which have been assessed as requiring primary care access. These will be individuals posted or on duty overseas or in the UK undergoing medical treatment during overseas postings.
5.3 The primary language of this service is English, with the location of the service in the UK due to the links with the primary care service in the NHS.
5.4 Consent will need to be obtained from individuals for the transfer of medical case notes from the current provider to the new one.
5.5 Case notes will not be sent overseas, they will need to be accessed from the UK. Most patients’ files are now held electronically.
5.6 The Contractor will ensure that electronic files are fully DPA compliant and held securely as directed by the Department of Health and Cabinet office guidelines (see section 13, page 56 for more details).
5.7 When receiving pre-posting enquiries the Contractor’s service will:
(i). Provide advice on availability of medical support to officers bidding for jobs where required;
(ii). Provide initial telephone advice for those requiring medical support abroad within 24 hours for initial assessment and a written reply with details of support available within one week;
(iii). Receive pre posting clearance forms from staff and dependents, assessing failures and sifting true occupational health failures from medical support
needed overseas. Clinical triage should deal directly with the latter and refer the former to occupational health (see detail in occupational health section);
(iv). When receiving enquiries from those posted or on duty overseas or in the UK undergoing treatment and the Contractor’s service will:
(v). Assess the level of response required using triage protocols based on best practice and developed in conjunction with Users internal policies;
(vi). Create and maintain electronic primary healthcare records, using baseline information from pre posting clearance forms, if consent is obtained;
(vii). Records will be handled, transmitted and stored as per the Department of Health records management guidelines with suitable security put in place for electronic files/systems by the Contractor. Individuals may request a copy of their medical records from the Contractor at the end of their posting. The Contractor must supply these within five (5) days of the request being received;
(viii). The Contractor’s electronic platform should be one that is readily available to other providers, to industry standard and be in a form that is transferable to another contractor at the end of the contract. The case management system is bespoke, and data storage incorporates two distinct classes of data: Structured data, such as Officer/dependant data and case activity records; and unstructured data in case document and attachment files. Data will be passed on to a new provider in two corresponding formats:
Structured data will be extracted from SQL DBs into text files(s) in XML or csv format;
Case documents and attachments will be provided in a flat folder tree with individual files, and having multiple common file types;
(ix). All personal data collected will remain the property of the authority; (x). The Contractor will maintain a chronic diseases database to provide
information for the Contractor’s’ procurement of medications and to help
identify vulnerable individuals in case of pandemics;
(xi). The Contractor will create and maintain a database of overseas doctors and clinics or have access to a database or network of providers. This database must be ‘current’, (the contractor will be required to provide details of how this is done) to maintain its usefulness;
(xii). The Contractor will provide advice on the availability of medications and vaccines in any country of posting;
(xiii). The Contractor will provide travel health advice particularly for those overseas without access to this specific expertise. Those in the UK will be referred to the relevant travel health provider for each PAG;
(xiv). The Contractor will work jointly and liaise closely with FCO’s own overseas primary care clinics;
(xv). The Contractor will provide day to day health advice to Users and dependants who become unwell overseas, general or specific advice for travel, living abroad, children, pregnancy etc;
(xvi). The Contractor will provide an advice line in the event of a flu pandemic.
Triaging patients using NHS guidelines and advising when they would fit the criteria for access to antivirals such as Tamiflu (and or antibiotics) in the event that primary care access at post is restricted because of the pandemic or its consequences;
(xvii). The Contractor will authorise access to care for minor illnesses (primary care) in liaison with the local doctors;
(xviii). The FCO/PAGs are looking for more control over medical costs abroad. The Contractor will be required to provide a ‘cashless’ primary care service to Users in the posts in Annex H and work with posts to expand this list. Please see Annex H page 88 for definition of ‘cashless’;
(xix). The Contractor will arrange appropriate secondary care treatment either overseas or in UK accessing NHS service by the agreed appropriate methods;
(xx). The Clinical Triage service and Occupational Health service will work together to provide a medical clearance for Users who need to return to post after a medical journey;
(xxi). The Contractor will provide case management of patients who are in secondary care or who require anything other than first line primary care overseas;
(xxii). The Contractor will develop and retain a robust knowledge of services available locally and access to providers in order to arrange evacuation/repatriation to UK or suitable third country as necessary using the most safe and cost effective means;
(xxiii). The Contractor will provide robust assessment, referral, management and access to NHS specialists in the UK for treatment of those posted or on duty overseas and avoid delays wherever possible;
(xxiv). The Contractor will develop and maintain a database which tracks referrals for treatment as either an inpatient or outpatient;
(xxv). The Contractor will arrange authorisation of dental treatment undertaken abroad ensuring compliance with NHS treatment levels by checking that treatment plans received are compliant with UK best practice, using a UK registered and licensed dentist where required;
(xxvi). The Contractor will advise the User that they may proceed and calculate
/communicate the Users contribution to the total cost of treatment;
(xxvii). The Contractor will advise the User when the treatment plan is not consistent with UK best practice, explaining what is consistent with best practice and withholding authorisation where appropriate;
(xxviii). The Contractor will provide information and support for expectant mothers in line with normal NHS practice. Liaising with Health and Welfare on the need for medical journeys to undertake screening and booking for confinement if in the UK. The Contractor will provide information and support to expectant mothers giving birth in non-UK locations;
(xxix). Working with the FCO Occupational Health Consultant the Contractor will alert and give accurate and timely advice to the Users in the event of a major medical event either in the UK or overseas e.g. Pandemic Flu;
(xxx). The Contractor will work with the FCO OH physician as needed and advise on regional medical problems such as ‘the air pollution’ in Beijing. This information will include health advice to give to employees (prevention, recognition, treatments available and how to access them), advice to managers locally on the risks associated with these events. Medical events may also include natural or manmade disasters;
(xxxi). The Contractor will provide assistance to the FCO OH physician as needed to develop protocols that will protect staff overseas and possibly assist with advice to the British Nationals and local staff in these areas at the time of medical emergency;
(xxxii). Pandemic illness; The Contractor will have the capacity to set up an advice line for staff in event of a pandemic;
(xxxiii). The Contractor will also authorise access to antivirals such as Tamiflu and antibiotics according to DH guidelines. See http://www.mhra.gov.uk/Publications/Consultations/Medicinesconsultations
/MLXs/CON038669 Protocols will be provided.
5.8 Current utilisation levels for the services are shown in Annex D.
6
6. Primary care in the UK
Referral details may differ slightly between FCO and its PAGs.
6.1 The Contractor’s service will provide a communication link to GP services (of the patients’ choice) in the UK for overseas staff or dependants on temporary return to the UK for medical reasons.
6.2 The Contractor will provide appointments for consultations in the UK where appropriate and if possible remotely for individuals before they return, to speed referral to a UK specialist if this is indicated.
6.3 The Contractor’s service will:
(i). Monitor and check repeat prescriptions for Users and families based overseas, checking against the patients’ medical history and UK best practice for treatment, dispensing and labelling;
(ii). Arrange supply of controlled medications to the FCO clinics (see Annex F); (iii). Arrange for the procurement, dispensing and supply of these drugs for
dispatch overseas. The Contractor will be expected to use the NHS shared
care pharmaceuticals provider (currently “Healthcare at Home”) system for long term expensive medications;
(iv). Fluids are not allowed in the FCO delivery service and all packaging will be robust enough to undergo rough transportation. (That is to export standard). Non liquid and non cold chain medications are usually despatched via the FCO diplomatic bag and the Contractor must deliver these to our site in Hanslope Park. Cold chain must be maintained for vaccine deliveries;
(v). Liaise with UK specialists where appropriate, and refer for diagnostics and secondary care using agreed protocols;
(vi). Provide on-going monitoring and management of cases in liaison with OH for fitness to return to work (worldwide);
(vii). Provide pregnancy advice and management to agreed NHS service level for those posted or on duty overseas who are back in the UK. The Contractor’s staff will be aware of the FCO policy regarding fertility treatment;
(viii). Refer to OH for fitness to return to work;
(ix). Provide fitness to fly and clearance to return to post following a medical journey. (Making sure any medications or follow up care is available in country).
7
7. Access to Care in the UK
7.1 The Contractor will provide a pathway for referral into the NHS for secondary care (or as required by the parent organisation).
7.2 The stakeholders do not wish to use private provision unless there are exceptional circumstances and there is a major imperative for an individual to be fast tracked and a suitable business case developed.
7.3 As a public sector organisation there are political considerations that dictate that wherever possible care should be obtained through the NHS.
7.4 Arrangements are in place (via the DOH) to enable the clinical triage and Medical Services to access treatment in the UK using current NHS processes and guidelines.
7.5 It is expected that referrals will be made anywhere in the UK, depending on patient choice.
7.6 The majority of the UK appointed Users (employees and dependants) working abroad are recognised as “Crown Servants” and as such are entitled to NHS treatment.
7.7 Where possible the default arrangement should be that an individual is treated at or near post where it is safe and cost effective to do so.
7.8 The Contractor will develop and manage a scheme through which Users can be returned to the NHS system as quickly as possible, if local treatment is not safe or to the NHS standard.
7.9 Emergency evacuation/repatriation will result in admission via accident and emergency.
7.10 The Contractor will ensure that once a decision has been made to return a User to the UK for urgent but non-emergency treatment, the travel arrangements will need to be made to coincide with an appointment.
7.11 The Contractor will liaise with the appropriate Corporate Services Manager (CSM) at post (via the patient or with consent directly) to authorise travel and with the welfare officer.
7.12 The Contractor will arrange for treatment during leave periods for planned non- urgent treatment.
7.13 Service personnel will be referred into Defence Medical Services pathways when entitled and appropriate.
8
8. Evaluation of Doctors and Clinics overseas
Overseas clinics/provision
8.1 There are currently c268 posts situated throughout the world that are listed in Annex G.
8.2 The FCO have currently 6 of their own clinics in areas where the local care has been assessed as below NHS standard. These are staffed by doctors and nurses employed by FCO from the UK and in addition locally employed nurses and administrators. These clinics are available to all the Users as necessary. There is a table in Annex F illustrating the locations and staffing levels of these clinics. These clinics are under constant review and we anticipate the number of clinics will reduce during the lifetime of this contract.
8.3 As the political and medical situation in many countries is fluid it has been necessary for the FCO to continuously update their knowledge of the quality of services available in the areas where they do not provide their own clinics.
8.4 The three (3) regional medical officers (RMOs) supply information on some countries within their regions, West Africa, East Africa and South, South East and Central Asia.
8.5 The Contractor will demonstrate how they evaluate the standards of clinics and the public and private healthcare provision abroad. This should use the provider’s existing networks wherever possible.
8.6 Where the Contractor’s ‘footprint’ does not cover the FCO’s, the Contractor will detail costs of evaluation visits.
Panel doctors
8.7 At present overseas posts have an experienced panel of local doctors globally.
8.8 The contractor will provide detail of a suitable primary care panel. A general practitioner, a paediatrician, an obstetrics/gynaecology practitioner and a dentist is required as a minimum in posts where care is below the NHS benchmark. It is expected that all posts will have this coverage.
8.9 A solution for the issues around translation and evaluation of the varying medical education standards will need to be demonstrated.
8.10 The Contractor will develop and maintain a database for the use of the triage service giving a record of any assessment visits and reports on treatment standards and doctor evaluations. Alternatively the Contractor will arrange for access to a 3rd party service provider who has this knowledge and information.
8.11 The Contractor will proactively manage third party providers abroad to maintain clinical standards of care given.
8.12 The Contractor will develop and maintain a list of posts considered to be unsuitable for children or acceptable but needing parental informed consent, informed by assessments on levels of medical care available, in conjunction with regional medical officers and welfare officers.
8.13 The Contractor will develop and maintain a similar list for countries unsuitable for pregnancy confinements.
8.14 The Contractor will provide an assessment of the capacity of a country’s medical infrastructure and ability to cope with a pandemic.
8.15 The Contractor will keep a general list of NHS equivalence.
9. Primary care overseas where standards are below the NHS
9.1 Where care is below the NHS benchmark the Contractor will direct staff and families to a suitable primary care provider using their network database.
9.2 Posts need access to a general physician (GP), paediatrician, obstetrician/gynaecologist and dentist as a minimum.
9.3 The FCO is looking for ways to maintain quality and safety of patient care while containing costs. The Contractor will indicate how they monitor and maintain quality and cost in their networks.
Liaison with FCO clinics
9.4 In a few areas overseas where care is assessed to be below NHS standard, primary care is currently delivered by FCO’s own clinics. These clinics are staffed by a mix of UK FCO retained doctors and nurses and locally employed staff.
9.5 The Contractor will have suitable mechanisms in place to work jointly with these FCO clinics to ensure continuity of care.
9.6 The Contractor will develop communication protocols for rapid exchanging of medical information about patients referred from FCO Clinics (e.g. Results of medical consults back to clinic within two weeks).
9.7 The Contractor will ensure that roles and responsibilities are clearly defined between the clinics and the OH service. The Contractor’s Access Point will be responsible for data collection.
10
10.Access to care overseas
10.1 The Contractor will identify strategic centres of excellence which are located in areas appropriate to the overseas missions (see Annex B) to complement the FCO clinic provision.
10.2 The Contractor will provide access to a network of vetted healthcare services adjacent to overseas office locations. The Contractor will maintain a list of these centres.
10.3 The Authority uses the services of a third party administrator (TPA) in the United States to contain costs. The Contractor will be required to work with the TPA to ensure provision of healthcare in the US is in line with NHS standard.
10.4 Officers posted to a European Economic Area (EEA) country will be required to apply for an A1/S1 card from HMRC to obtain access to reciprocal healthcare arrangements.
10.5 While costs for treatment are not included in this tender, if access to care can be linked with preferential rates for treatment this should be documented.
10.6 The Contractor will provide details of these facilities in the form of a database to the clinical triage service. Preference will be given to providers who are proactive in managing quality of care.
10.7 The primary language of this service is English although it is recognised that some of the clinicians overseas may not have English as their first language. Translation services for medical reports are required and must form part of contract.
10.8 The Contractor will retain detailed notes on all patient contact. Case notes will not be sent overseas, they will need to be accessed from the UK.
10.9 The care to be provided by the Contractor (through 3rd party providers) will be equivalent to NHS standard and should cover:
(i). Minor treatments/procedures;
(ii). Basic diagnostic tests including pathology and x-rays; (iii). Access to physiotherapy;
(iv). Access to specialist opinions in the major clinical areas for surgical procedures and inpatient care;
(v). Maternity services including pre and post-natal care;
(vi). Management of cervical screening in accordance with the NHS screening programme;
(vii). Neonatal and paediatric care, including newborn hearing screening programme and childhood vaccinations in line with the NHS programmes e.g. MMR;
(viii). Rehabilitation/convalescent services; (ix). Dental care;
(x). Travel health and vaccination services – advice for those posted overseas; (xi). Counselling services.
10.10 At present Users in non-direct billing posts pay the 3rd party directly or the post provides a guarantee of payment (GOP) in local currency.
10.11 In the event of payments being made by the Contractor’s ‘Clinical Triage and Medical Services’, settlement and billing by the Contractor will be invoiced in the UK for payment in sterling. Any liability risk for currency fluctuations would be borne by the provider. The process for this should be agreed between the Authority and the contractor prior to implementation.
10.12 The Contractor will be prepared to be audited by an external body annually.
11
11.Emergency evacuation/repatriation
11.1 The Contractor will co-ordinate emergency evacuation where there is a genuine clinical need. For MOD patients, the Contractor should liaise with the UK Aeromedical Evacuation Control Centre (AECC) when there is a requirement for a patient to travel back to the UK on medical grounds. The Contractor should provide a detailed clinical assessment with clinical observations and an opinion on fitness to fly. Only if authorised by AECC may the Contractor provide an aeromedical evacuation service for the patient back to the UK or other agreed location. AECC may choose to meet the requirements of the evacuation utilising its own assets.
11.2 Proposals which limit the financial exposure for organisations would be welcomed.
11.3 All evacuations co-ordinated by the Contractor will be undertaken in the most appropriate and cost effective manner and may involve evacuation/repatriation to the UK or relocation to a suitable and nearer third country if appropriate.
11.4 It is anticipated by the Authority that an air ambulance should be used only in rare circumstances. There is a preference for scheduled airlines where possible. Evidence of the cost impact of the model selected by the Contractor must be available to the Authority at the time of or as soon as possible after the event, see section 12.6.H.
11.5 The contractor must provide their triage protocols showing:
i. Criteria used for judging when to evacuate / repatriate;
ii. Criteria used for selecting the destination for evacuation (taking full account of all risks e.g. geographical location and other external factors such as political situation);
iii. Criteria used for selecting the appropriate mode of transport.
11.6 In all cases where evacuation or repatriation is required, the Air Ambulance (AA) provider selected by the Contractor will liaise with the “clinical triage and medical services” (and Health and Welfare where necessary) regarding the need for evacuation/repatriation, mode of transport to be used, etc.
11.7 The AA provider will work with the “clinical triage and medical services” regarding the hospitals and clinics to be used.
11.8 Emergency repatriation to the UK will result in admission via Accident and Emergency in the NHS.
11.9 The Contractor will ensure that repatriation of dependants, where these are children, allowance should be made for the transport of an accompanying adult.
11.10 In rare circumstances, the Contractor will deal with multiple evacuation situations at short notice.
11.11 The contractor will provide a crisis co-ordination plan which is adequate for the purposes of the Authority.
11.12 All aspects of the integrated programme will provide the evacuation provider with access to appropriate “on the ground” medical treatment for staff and dependants. The medical evacuation provider should indicate if they have a medical network that they can offer in association with their service and/or how they would work with the contractor if not part of the same organisation.
12
12.Quality Control and Key Performance Indicators.
Transition and Set up Plan
12.1 Within 4 weeks of award of contract the contractor will have prepared a timeline for setting up of the resources needed for performance of the contract. These resources must include physical (location and plant), human (staffing) and processes needed for a smooth transition from the present contractor.
12.2 Within 6 weeks of the award of contract the contractor will provide details of the electronic forms to be used for FCO/PAG staff. The Contractor will include (in these details) any changes required to an existing system and a timeframe for completing and testing these changes.
12.3 The Contractor will arrange to pick up and store any hard copies of patient notes from the previous contractor. Transfer of these notes must comply with DPA and DH guidelines for transport and storage of personal information.
12.4 The Contractor will provide brief CVs for all clinical staff and will show that they are qualified and registered as required by the contract.
12.5 The Contractor (demonstrating integration of the services wherever this is required) will provide protocols/guidelines for the following:
A. Access point training protocols for call handlers
(i). Eligibility for Users’ access to the services; (ii). User identification (important for billing);
(iii). Guidelines and information for Users on all aspects of the service for example how to access repeat prescriptions or dental opinions;
(iv). Guidelines based on Authority’s (i.e. relevant PAG) policies relating to health and welfare issues;
(v). Triage criteria for referral to OH or clinical teams;
(vi). Protocol for call response (use of plain English);
(vii). Procedure for communication with Users and PAG contract management; (viii). Guidelines on data and information collection;
(ix). Knowledge of overseas clinics/healthcare; (x). Medical Evacuation/repatriation service;
(xi). Other services provided by the Authority e.g. OH, Welfare officers, EAP;
(xii). A system to establish and maintain a list of posts with their respective Corporate Service Managers (CSMs);
(xiii). Protocols on communications with CSMs;
(xiv). Protocols on how to receive and record pre-posting medical forms and when to pass on to clinical triage nurses for evaluation;
(xv). Guidelines for making appointments, where required, with GPs in the UK (for referral into NHS services or after medical journeys) and with preferred primary care providers abroad;
(xvi). Guidelines for making appointments for secondary care within the NHS in the UK and with preferred providers abroad;
(xvii). Guidelines for making transfer and hotel bookings via FCO/PAG travel contractor for staff back on medical journeys if required;
(xviii). Protocols on providing general information on services available (e.g. dental, prescriptions) and how to access them;
(xix). Protocols on transferring calls to clinicians for medical advice or to the occupational call centre;
(xx). Guidelines for receiving and dealing with repeat prescription requests, this will include childhood vaccinations for the UK schedule that are not available at post;
(xxi). Guidelines for receiving and dealing with dental evaluation requests.
B. Occupational Health
(i). Training guidelines for staff;
(ii). Protocols for setting up health surveillance;
(iii). Nurse protocols for delivery of health surveillance;
(iv). Protocols for referral to OHP/other specialist /independent medical advisor (IMA) where necessary;
(v). Protocol for recall process to follow up patients;
(vi). Guidelines for the collection of management information; (vii). Protocols for self audit and quality management;
(viii). Guidelines for integrating the Authorities’ sickness absence policies into OH delivery;
(ix). Protocol for referral of cases to FCO/PAG in house OH physician.
C. Clinical Triage and Medical Services
The Contractor will provide:
(i). Training guidelines for staff; (ii). A basic clinical triage protocol;
(iii). Protocols for recording and documenting calls; (iv). Clinical pathways for common conditions;
(v). Protocols for call escalation if the clinical condition or the patient requests it; (vi). Protocols for authorisation of overseas and NHS treatment;
(vii). Protocols for case management;
(viii). Protocols for cost comparisons of treatment and travel between the UK and either a regional centre or country of posting;
(ix). Guidelines for the evaluation of NHS equivalent treatment against UK primary care guidelines;
(x). Protocols for the management and storage of medical records to comply with DPA and Department of Health guidelines;
(xi). Guidelines for referral into the NHS in the UK; (xii). Protocol for admission to NHS hospital in the UK;
(xiii). Protocol for referral back to primary care and/or OH for rehabilitation;
(xiv). Guidelines and protocols for accessing appropriate care for non UK/EEA nationals.
D. Primary Care in the UK
The Contractor will provide the following:
(i). Protocols for dealing with repeat prescriptions; (ii). Protocols for dealing with dental evaluations; (iii). Guidelines for referral/liaison with OH;
(iv). Protocols for dealing with a major medical incident;
(v). Guidelines for managing the provision of pandemic flu supplies and potassium iodate.
E. Access to care in the UK
(i). The Contractor will develop a protocol for the authorisation of medical journeys.
F. Evaluation of Doctors and Healthcare facilities overseas.
(i). The Contractor will be able to demonstrate robust assurance mechanisms are in place to reduce risks to patient safety. The Contractor will demonstrate an open and constructive approach to clinical assurance and clinical risk management, working with clinical assurance authorities within FCO/MOD/PAGs to ensure that any areas of risk are exposed and mitigating activity is in place.
(ii). Patient experience feedback is a significant component of healthcare assurance and all patients exposed to GP, inpatient or significant illness care must be given the opportunity (and encouraged) to provide feedback in a form acceptable to Government Departments.
(iii). The Contractor will provide protocols for evaluation of 3rd party providers overseas.
G. Primary care overseas
(i). The Contractor will provide protocols for liaison with the FCO’s own clinics.
H. Emergency Evacuation/repatriation
The Contractor will provide protocols:
(i). for triaging seriously ill patients for medical evacuation; (ii). for selecting the destination of the patient;
(iii). for selecting the most appropriate form of transport for the evacuation (see section 11.4).
I. Service Reporting
All service reporting will identify individual stakeholder groups (relevant PAG). All KPIs will be reviewed jointly by the Authority and Contractor on an annual basis to determine if any changes or improvements can be made.
On an annual basis the contractor will provide confirmation of registration for all clinical staff, provide training plans for all staff and copies of insurance certificates.
All other reporting below will be provided monthly on or before the 7th of each month.
Examples of quantitative KPIs are given below. Further qualitative KPIs pertaining to customer service and satisfaction will be introduced and discussed with the successful bidder.
Description of Service | Key Performance Indicator | Service reporting Where more than one centre is used as Access Point KPIs must be reported on separately |
Access Point | All telephone calls answered by team member within twenty (20) seconds All calls correctly identified at the first call by Organisation/stakeholder Location of caller Reason for call Age and Gender Officer/dependent | Number of calls answered within the KPI Number of calls correctly identified as per KPI Number of calls redirected to other services, by service use (OH, posting medicals, clinical, EAP, welfare etc). Number of aborted calls |
All Emails acknowledged immediately | Reported by exception i.e. complaints that email is not replied to. | |
For 95% of Emails provide a substantive reply within 24 hours | Number of emails given substantive reply within KPI. | |
All prescriptions and dental referrals redirected within 24 hours | Number of prescription requests received and redirected to clinical team within KPI Number of dental referrals received and redirected within KPI. | |
Receive posting clearance, create case file, provide by email basic information on FCO Healthline service, country specific health advice and instructions on travel health assessment within 72 hours. Copy of officer posting clearance to OH within 24 hours. | Number of posting clearances received and replies sent within KPI Number of clearances sent to OH within KPI |
Posting health risk assessments rejected (i.e. not cleared automatically as above) to be forwarded to clinical team for follow up within 12 hours. The appropriate PAG authority must be informed of the outcome within 24 hours of referral to clinical team Where medical screening form is uncomplicated, confirmation of enrolment to be confirmed to User and business team within 24 hours | Number of rejected posting risk assessments forwarded to clinical team within KPI. Number of rejected health risk assessments referred to PAG authority within KPI Number of enrolments not confirmed within 24 hours. | |
Receive vaccination records and file in medical notes/OH notes. | Number received and filed | |
All appointments for non-urgent secondary care in the UK to be made within 1 (one) week All appointments to be recorded as either initial or follow up appointments | Number of secondary care appointments made within KPI. All appointments recorded as per KPI. | |
Collate, collect and report data monthly by the 7th day of each month Reports to show month on month and year on year usage to illustrate trends. Clearly stating expected use and actual use. This must be broken down by PAG | Reports presented by 7th of each month. | |
Occupational Health OH Access team | Telephone calls answered by team member within twenty (20) seconds All callers correctly referred by access point Record calls by department, reason for call and outcome within one hour. | Number of calls answered within the KPI. Number of calls mis-directed by access point Number of calls by cause, by outcome, by department within KPI |
All emails acknowledged immediately | Reported by exception, that is complaints that email is not replied to. | |
For 95% of emails provide a substantive reply within 24 hours. | Number of emails giving substantive reply within KPI. Number of individuals with either a single or multiple requests for further advice Reasons for any delayed response. | |
Receive pre-placement health assessments (cleared) and create occupational health files within 1 (one) working day. Users should receive the automated clearance and basic details of the OH service within 1 (one) working day. Pre-placement health assessments rejected (i.e. not cleared automatically as above) to be forwarded to clinical team for follow up within 12 hours. | Number of pre-placement clearances done by system, received and replies sent within KPI. Number of un-cleared assessments referred within KPI. | |
OH clinicians | Receive pre-placement rejections from OH access team Telephone follow ups done within 2 (two) working days Referral to OHA for face to face appointment | Number of pre-placement referrals taken from OH access team Number dealt with by telephone within KPI |
within 3 (three) working days FCO Services: Referral to OHA for face to face appointment at first available appointment or within 2 weeks. (OHA to attend Hanslope Park one day per week) Referral to OHP for face to face appointment within 3 (three) working days FCO Services: Referral to OHP for face to face appointment at first available appointment. (OHP to attend Hanslope Park once a month) | by follow up appointment to OHA within KPI by follow up to OHP within KPI by reasons for rejection Number of clearances delayed, by reason Number needing referral to GP for further information | |
Receive referrals from clinical triage team for rejected posting health assessments and acknowledge immediately. All referrals correctly classified as OH Telephone follow ups done within 24 hours Referral to OHA for face to face appointment within 3 (three) working days Referral to OHP for face to face appointment within 3 (three) working days | Number of posting health assessments received from clinical triage team acknowledged within KPI Number of inappropriate referrals from clinical triage team Number dealt with by telephone within KPI by follow up appointment to OHA within KPI by follow up to OHP within KPI by reasons for rejection Number of clearances delayed, by reason | |
Receive referrals for Workstation/DSE assessments and make appointments within 1 (one) week. | Number of referrals received and appointments made within KPI. Number by reason for referral. | |
Receive and make appointments for health surveillance within 1 (one) week | Number of referrals received and appointments made within KPI. | |
Receive management referrals on OH issues and provide initial case management advice within 1 (one) working day. | Number of management referrals for absence management or other OH issues. Number dealt with within 1 (one) working day. | |
Provide more detailed advice within 2 working days | Number of follow up contacts per individual/ referring manager, within KPI. | |
Provide follow up on complicated or long term OH issues, as required by FCO OH physician | Number of staff with either complicated or long term OH issues within KPI by cause | |
Provide written reports from face to face appointments within 2 working days. Provide a weekly written update on long term cases | Number of reports received within the KPI Reports received within KPI. | |
Provide feedback from staff on health education sessions within 5 working days | Report following each event within KPI | |
Provide feedback from staff on health promotion web material 6 monthly within the first week of March and September each year. | Report containing feedback within KPI | |
Provide initial verbal advice on work related major incidents/issues followed by a report within 24 hours | Report received within KPI |
Clinical Triage and Medical Services | Telephone calls answered by a team member within 20 seconds. All calls to be recorded by location, reason, officer/dependant at first contact. All outcomes of initial calls to be recorded by cause, indicating whether advice only, referred to GP (UK or abroad), referred to secondary care in UK or abroad) at end of call. Referrals to GP or secondary care in the UK or abroad to be recorded, indicating whether initial or follow up, medical or surgical, inpatient or outpatient as appointments are made. | Number of calls answered within KPI All calls recorded as per KPI. Provide a list of the top ten locations contacting the services. All outcomes recorded as per KPI. All referrals recorded as per KPI. |
All emails to be acknowledged immediately | Reported by exception, that is complaints of no response. | |
All e-mails to be triaged and for all current non urgent clinical cases an individual response sent within 24 hours, all non urgent queries (including travel health) to be dealt with within 48 hours. | Number of current non urgent clinical cases dealt with in KPI Number of other non urgent queries within KPI Number of travel health related queries within KPI. | |
Primary Care in the UK | All Prescriptions to be validated against patient notes on receipt and sent to patient within 4 (four) weeks. Reports to be raised monthly of completed transactions. | List of individuals supplied with medications showing, date of receipt, date of supply, whether exempt from NHS charges, location, officer or dependant, officers PF number and the officers name if a dependant as per KPI. A separate list of medications supplied N.B the medication is not to be identifiable with the patient name. |
Any queries on prescription to be raised within 24 hours of receipt. | Number of prescriptions queried. | |
Access to secondary care in the UK | Secondary care in the UK is to be through the NHS, unless there are exceptional circumstances agreed in advance with the relevant PAG. | Reported by exception only with authorising Officers Name. |
Provide authorisation for travel back to the UK for investigation/treatment/delivery. | Number of medical journeys authorised. Number of maternity journeys authorised. Number in each of the above using travel package. | |
Evaluation of doctors, clinics, hospitals and dentists. | All visits to evaluate healthcare facilities at FCO/PAG overseas locations to be notified to relevant welfare officer at least 4 weeks before date of visit. | List of visits and dates notified to welfare officer as per KPI |
Visits on behalf of the FCO to be reported within 2 weeks | Report received within KPI. | |
Keep database of overseas providers current for all FCO posts | Be able to provide a primary care or secondary care provider on request. Provide an abridged report of a visit to update knowledge of facilities within the last 3 years, on request. | |
Primary care overseas | Provide a basic list of GP, dentist, paediatrician, and gynaecologist at all FCO posts. (100%) | Be able to produce these lists of preferred providers on request. |
Provide details of primary care visits where providers are linked to capped costs. | Number of visits by age, sex, and cause, initial or follow up. Number of referrals to secondary care locally or back to UK. | |
Provide travel health information and referral to vaccination clinic | Number of people requiring travel health information | |
Secondary care overseas | Provide authorisation for treatment at post or at a regional centre of excellence as soon as possible for emergency cases (100%) within one week for non urgent cases (95%) |