A G E N D A 1. APOLOGIES FOR ABSENCE Ian Metcalfe 2 ...
A G E N D A 1. APOLOGIES FOR ABSENCE Ian Metcalfe 2 ... A G E N D A 1. APOLOGIES FOR ABSENCE Ian Metcalfe 2 ...
Board of Directors – Part I14 th June 2013Annex AResponse form:Substantive guidance on the Procurement, Patient Choice andCompetition RegulationsWe are consulting on the guidance that we intend to publish about how to comply with theProcurement, Patient Choice and Competition Regulations and with certain requirements relatingto patient choice in the NHS Commissioning Board and Clinical Commissioning Groups(Responsibilities and Standing Rules) Regulations 2012 which Monitor has the power to enforceunder the Procurement, Patient Choice and Competition Regulations.Chapter 3, Question 1:Do you agree with the examples of factors that Monitor may consider when deciding whethercommissioners have complied with their duty to act transparently, proportionately and in a nondiscriminatoryway?Are there other factors that you think we should highlight?Chapter 3, Question 2:Do you agree with the examples of factors that Monitor may consider when deciding whethercommissioners have complied with their duty to procure services from the providers most capableof delivering commissioners’ objective and that provide best value for money?Are there other factors that you consider we should highlight?Chapter 3, Question 3:Do you think that the description of integrated care, choice and competition is helpful?Chapter 3, Question 4:Do you agree with the examples of the factors that Monitor may take into account in decidingwhether commissioners have complied with their general duty to consider appropriate means ofimproving quality and efficiency, including through services being delivered in an integrated way,patient choice and competition?Are there other factors that you consider we should highlight?Chapter 4, Question 1:Do you think the description of the considerations that commissioners should take into accountwhen deciding whether or not to publish a contract opportunity is helpful?Do you think there are other considerations that we should list?Monitor Guidance on Procurement Patient Choice and Competition Regulations Page 1 of 3For Information
Board of Directors – Part I14 th June 2013Annex AChapter 4, Question 2:Do you think that the examples of situations where it may be appropriate for a commissioner toaward a contract without publishing a contract notice and running a competitive tendering processare helpful?Chapter 4, Question 3:Do you think that the description of the circumstances in which a contract will be treated as a newcontract is helpful? Are there other situations where a contract may amount to a new contract thatyou think we should highlight?Chapter 5, Question 1:Do you agree with the examples of the factors that Monitor might take into account in decidingwhether commissioners have complied with their duty to apply and establish transparent,proportionate and non-discriminatory qualification criteria?Are there other factors that you consider we should highlight?Chapter 6, Question 1:Do you agree with the suggestions of the types of information that may be relevant for thepurposes of compiling an adequate record of a contract award decision to demonstrate thatcommissioners have complied with their relevant duties under the National Health Service Act2006?Are there other types of information that may be relevant that you consider we should highlight?Chapter 7, Question 1:Do you agree with the examples of the factors that Monitor might take into account in decidingwhether commissioners have complied with their duty to ensure that any person providingcommissioning support or assistance acts in accordance with the relevant requirements of theProcurement, Patient Choice and Competition Regulations?Are there other factors that you consider we should highlight?Chapter 8, Question 1:Do you agree with the examples of interests in the provision of services that may give rise to aconflict with the interests in commissioning them?Are there other examples that you consider we should highlight?Chapter 8, Question 2:Do you agree with the examples of factors that Monitor may take into account when decidingwhether a conflict affects or appears to affect the integrity of a contract award?Are there other factors that may be relevant that you consider we should highlight?Monitor Guidance on Procurement Patient Choice and Competition Regulations Page 2 of 3For Information
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Board of Directors – Part I14 th June 2013Annex AChapter 4, Question 2:Do you think that the examples of situations where it may be appropriate for a commissioner toaward a contract without publishing a contract notice and running a competitive tendering processare helpful?Chapter 4, Question 3:Do you think that the description of the circumstances in which a contract will be treated as a newcontract is helpful? Are there other situations where a contract may amount to a new contract thatyou think we should highlight?Chapter 5, Question 1:Do you agree with the examples of the factors that Monitor might take into account in decidingwhether commissioners have complied with their duty to apply and establish transparent,proportionate and non-discriminatory qualification criteria?Are there other factors that you consider we should highlight?Chapter 6, Question 1:Do you agree with the suggestions of the types of information that may be relevant for thepurposes of compiling an adequate record of a contract award decision to demonstrate thatcommissioners have complied with their relevant duties under the National Health Service Act2006?Are there other types of information that may be relevant that you consider we should highlight?Chapter 7, Question 1:Do you agree with the examples of the factors that Monitor might take into account in decidingwhether commissioners have complied with their duty to ensure that any person providingcommissioning support or assistance acts in accordance with the relevant requirements of theProcurement, Patient Choice and Competition Regulations?Are there other factors that you consider we should highlight?Chapter 8, Question 1:Do you agree with the examples of interests in the provision of services that may give rise to aconflict with the interests in commissioning them?Are there other examples that you consider we should highlight?Chapter 8, Question 2:Do you agree with the examples of factors that Monitor may take into account when decidingwhether a conflict affects or appears to affect the integrity of a contract award?Are there other factors that may be relevant that you consider we should highlight?Monitor Guidance on Procurement Patient Choice and Competition Regulations Page 2 of 3For Information
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