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Feltham Associates provide strategic,
independent and experienced consultancy services for the procurement, selection and
management of hospital clinical laboratory computer systems. The company has unrivalled
specialist marketing and consultancy skills in all aspects of hospital laboratory service
computerisation.
Laboratory
Information System (LIS, LIMS) Selection ©
2007
(updated December, 2001)
This is an extended version of the three articles published in Biomedical
Scientist between February and April 2001
WARNING:
This article summarises the work needed to procure or select a hospital laboratory
information system. It is not a technical manual, it is not definitive, it
does not try to cover everything, it does not give all the answers. It does,
however, give common-sense information and advice based on our experience of many
procurements up to November, 2009, but it should not be used as the
sole or main source of procurement advice. Numerous links to NHS documents are provided
(e.g. PRINCE2, POISE2, STEP, PFI, CIM, PROBE) and you should obtain all relevant statutory
documentation and read it before embarking on a procurement, as well as seeking
professional advice. Three articles based on this information were published in the
Biomedical Scientist Volume 45, Numbers 2, 3 and 4 in February, March and April 2001
respectively. No liability for loss arising from following this information will be
accepted. The information provided here is covered by our LEGAL NOTICES: Copyright, Warranties & Disclaimers.
Contents
(click on the hyperlinks
to go directly to that section)
Introduction
Problems during the selection and implementation of a new
laboratory computer system are openly discussed at great length in the literature, at
professional meetings, during user group gatherings and in laboratory staff rooms!
It often appears to be a contest among users to see who can complain the loudest - about
their system or their supplier! While there are hints that the selection or
procurement process may not have been handled well, few people appreciate how many
problems result from a badly structured procurement.
This article takes a look at the process of procuring or
selecting laboratory information systems with lifetime costs in excess of the EU threshold. Smaller projects beneath the threshold do not
require so much formal processes and advice should be sought from your local NHS Executive
Regional Office. Project planning is discussed in detail since this activity is often
handled superficially because of the desire to start looking at systems. In the worst case
planning involves "doing what comes naturally". Unfortunately, what comes
naturally for inexperienced organisations might not be the best course of action and is
contrary to NHS guidance.
In the UK public IT system procurements are governed by
European directives and UK legislation. The NHS has promoted various techniques to
help NHS Trusts and Health Authorities through the selection process and these are
described and discussed briefly below. This article does not try to provide all the
answers but it seeks to outline what is required and give pointers about best
practice. If further information or clarification is required then contact Feltham Associates Limited or your local NHS
Executive Regional Office.
Procurement
methodology (POISE2)
POISE2 (Procurement of Information
Systems Effectively version 2) provides essential guidance and processes for
the selection of NHS IM&T systems. The POISE2
website has all the information including a downloadable PDF Manual, contact details
to obtain advice or a printed manual etc. All the information given here is from the
Manual with some explanatory material based on experience.
The POISE2 methodology covers four main
stages: Plan, Prepare, Purchase and Perform, divided into 29 steps:
| Stage |
Sub-stage |
Step |
Description of task |
| PLAN |
|
1 |
Confirm the
scope and status of the requirement |
|
|
2 |
Conduct initial
market assessment |
|
|
3 |
Develop
procurement strategy |
|
|
4 |
Prepare the
Project Initiation Document (PID) |
|
|
5 |
Organise the
project |
| PREPARE |
|
6 |
Produce and
approve the OBS |
|
|
7 |
Prepare the
evaluation plan |
|
|
8 |
Produce and
approve the OJEC notice |
|
|
9 |
Adapt the STEP
standards questionnaire |
|
|
10 |
Produce the
Information Memo (optional |
| PURCHASE |
Shortlist |
11 |
Issue OJEC
notice and screen responses |
|
|
12 |
Prepare
procurement models |
|
|
13 |
Issue
Information Memo and select potential suppliers (optional) |
|
|
14 |
Issue OBS and
standards questionnaire |
|
|
15 |
Evaluate to a
manageable short list |
|
|
16 |
Prepare draft
contract framework |
|
Negotiate |
17 |
Issue draft
contract framework |
|
|
18 |
Negotiate draft
contracts |
|
|
19 |
Evaluate |
|
|
20 |
Develop final
offer evaluation model |
|
|
21 |
Agree draft
contracts |
|
Offer |
22 |
Invite offers |
|
|
23 |
Receive offers
and clarify |
|
|
24 |
Evaluate offers |
|
Award |
25 |
Award contract
and conduct post-award administration |
| PERFORM |
|
26 |
Accept the
solution |
|
|
27 |
Monitor and
review |
|
|
28 |
Conduct
post-implementation evaluation |
|
|
29 |
Plan for extension, re-competiton, termination |
It is not our intention to reproduce the POISE2
documentation. Rather we offer pointers and experience from actual procurements. You
are recommended to obtain a copy of the POISE2
Manual and follow the guidance; it has both NHS Supplies and CSSA supplier
support. Most suppliers have experience of this methodology and appreciate
well-planned and organised procurements rather than ones subject to constant delays,
project team changes, unnecessary demands and ridiculous timescales (see Selection tasks below).
Project teams
Decision making has to extend from the top to bottom in a
successful project structure. It involves departmental units, upper management, hospital
executives and specialised committees established for the specific project; it can also
involve specialist external consultants. A typical hospital approach to a laboratory
system procurement should involve the following people
- Trust Board of Directors - at the very least the
Finance Director should be involved as the person who will eventually have to sign the
cheque!
- Administration - hospital and laboratory business
managers to facilitate tasks
- Project Board - consisting of Executive, Senior User,
Technical representatives
- The Medical Staff of the laboratory
- Departmental Managers in the laboratory
- Information Systems Department - useful for advice on
standards, Trust strategy, other procurements in the hospital, networking and
comms.
issues
- Project Team - consisting of
project manager and discipline representatives who will carry out the procurement and
report to the Project Board
- External advice - specialist consultants and/or NHS
Region/Supplies expertise (as necessary)
- Other staff throughout all levels of the laboratory
organisation as necessary
Describing the roles played by each of these elements is
outside the scope of this article. Suffice it to say these roles should be agreed upon
prior to the initiation of a project. The involvement of the Project Board is often poorly
defined. This is evident by the fact that it is concerned with "tieing the pieces
together" - at the highest level of planning in the first case, and during the actual
decision making process in the second - and it is these connections that cause many users
the greatest problem.
Selection tasks
Many approaches are taken to selecting laboratory
information systems. They vary in complexity from elaborate computerised models with Gantt
and Pert charts and unending meetings of all parties to the opposite extreme involving
essentially no structured system at all. When asked why a particular approach was used,
most participants have no idea. They certainly don't indicate that an approach was chosen
because it was considered to be the best among a variety of methodologies considered.
Major surprises about what a system does or how it performs
can usually be traced back to a rushed or otherwise inadequate procurement and evaluation.
Lack of attention to the process to be used prior to
initiating work is not a trivial issue considering that many user complaints are related
directly to how the system was chosen rather than the product itself. This problem is not
easy to see at first since complaints are often levelled at "the system" or
"the company." Consider some examples:
- They took ages to start installation and now we're
months behind schedule.
- It's too slow.
- When we installed the computer we thought we would be
able to ... but I now we find we can't.
- I don't like the new system because the reports are
confusing and hard to read.
- I like it but you can never get on the terminals;
they're always busy.
- We can't get the information we need out of the system.
- Another user told us we would be able to ... but
apparently we can't.
- I don't like it because it takes a lot more time to ...
- They never told us we would have to ...
Complaints of this nature should have been dealt with while
the system was being selected. If there are insufficient terminals or response time is
poor, the OBS and Draft Contract processes were probably faulty. Users who incorrectly
thought a system would have certain capabilities did not get their information from the
correct source - the proposal written by the company and the contract signed by both
organisations.
With software that is essentially complete - i.e. little
customisation will be performed - learning the capabilities and limitations of a system is
relatively straightforward. However, it is immensely time consuming if done right but it
is still possible to do. Major surprises about what a system does or how it performs after
it is installed can usually be traced back to a rushed or otherwise inadequate procurement
and evaluation.
The tasks described below (and in the POISE2 outline above) are not meant to be a perfect formula for
success. They represent a tried and tested formula to do the job and they should be
examined with the same degree of thoroughness as any other approach. The main reason these
tasks are included is to show how a logical plan can be constructed that makes sense to
users - under the right circumstances - and incorporates the all-important aspects of user
participation, ownership and responsibility that are essential to select the right system
for you.
Project planning (PRINCE2)
A good project plan is more than a list of tasks,
completion dates and assigned responsibilities. Too often simple project schedules are
drawn up by one or two people who would like the effort to be conducted in a certain
fashion (usually quick and cheap) with little regard for the real problems they will
encounter. This results in a plan that may be completely unrealistic and is therefore
abandoned or significantly modified almost every week.
Key individuals in all affected departments must understand
the plan and believe it is the best way to make the decision
On the other hand more sophisticated plans can suffer from
too much complexity. A manager with a new "project planning program" e.g.
Microsoft Project, can be a dangerous person! The human issues of selecting and installing
a new system are often ignored as reams of paper are generated to explain how a computer
will be selected. Ironically, a major goal of the new computer will be to reduce
paper! The NHS recommends IM&T procurement plans should follow PRINCE2
(PRojects In Controlled Environments
version 2), the government's structured project planning methodology (details can be
downloaded from NHSnet: http://nww.standards.nhsia.nhs.uk/prince2/index.htm). In practice
most laboratory procurements use a simplified version which covers the salient points but
reduces the bureaucracy and need for too many meetings. The CCTA PRINCE2
website can also be visited for an overview: http://www.ogc.gov.uk/prince/
or go to http://www.prince2.com.
There are two simple but critical criteria for a good plan:
1) key individuals in all affected departments must understand the approach outlined in
the plan and believe it is the best way to make the decision. 2) functional managers must
agree to provide the resources required of their unit to conduct the project in the time
frame agreed.
To begin a system selection without such an understanding
will almost guarantee the project cannot be executed as planned or the installation will
be a disappointment to many users.
Why plan?
To develop a good plan one should start with example task
lists obtained from a variety of sources. From these a set of tasks should be selected
that make sense to the users, are in a logical order and appear to cover all the bases. No
plan should be used just because "we've always done it this way" or "we
read it in a book."
Doing something because an "expert" said it was
right is a poor excuse for managing. Order of execution is just as important as the tasks
themselves. Sending out an Output Based Specification to all respondents to the OJEC
advert may result in 10 or more detailed proposals to review. Screening suppliers first
based on major criteria and sending OBS's to a few finalists will drastically simplify the
evaluation task and result in a better evaluation since effort can be concentrated on the
most likely candidates to meet your specific business requirements.
After observing many selection projects, a number of
questions come to mind.
- Why does a well qualified supplier sometimes decline to
bid - often to the dismay of the purchasing organisation?
- What value are site visits when participants often
cannot even remember which system they saw let alone many of its important features?
- Why is it that procurements seem to go smoothly until
proposals are received and it is time to make a decision?
- Why do complaints arise about how a decision was made
after the selection is finished?
After considering these and numerous other questions we
outline below a list of tasks aimed at addressing such "process" questions; they
tie in with the POISE2 steps already described above.
Since understanding what was available - not writing
specifications for a system - is the primary concern, education forms the core of our
advice. Part of the education can be formal through manuals, workbooks and structured
techniques (e.g. PRINCE2, POISE2, STEP, PFI) while other elements need to be informal.
These consist of supplier presentations, site visits, definition of business requirements
and OBS questions all aimed at learning what systems can do and - just as importantly -
cannot do!
The Project Manager
While POISE2 gives a well tried
set of steps to follow, there is no specific detail for pathology computer systems.
Plans and timescales must be realistic if they are to have any chance of success.
Appointing a Project Manager is essential. In most circumstances this needs to be a
full-time post for the procurement process - probably a year to 18 months. Ideally
such a person should be found from within the organisation - a senior manager, but their
current workload may not permit them to provide the necessary focus and time.
External consultants in procurement are readily available, although specialists with sufficient knowledge of pathology are rare.
The resources required to appoint and manage an external specialist might amount to 3 or
4% of the budget for the system but if that means the right system has been selected to
meet your business requirements, the project was on time, and to budget, then it will have
been worthwhile.
One of the first tasks of a Project Manager is to collect
together all of the guidance and documentation and to research other similar
projects. Usually there is information through the "grapevine" about other
procurements or you can contact various suppliers to see with which other procurements
they are involved. Alternatively, if using a specialist consultant, they should have
ready access to this information (Feltham Associates
have maintained a database of openly tendered UK NHS procurements since 1990).
The Plan
An outline plan should be discussed at the outset of the
project. This should cover overall timescales and include key events (i.e. POISE2 stages) such as release of OJEC advert, release of OBS,
contract award date, go "live" date. The period between contract award and
go "live" date will be very dependent on the complexity of the project. A medium
single DGH system should take no more than 9 months and could be ready in 6 months.
A large, multi-site, multi-hospital system could take 18 months and might be ready in 12
months.
Do not underestimate the time following the release of the
OBS to the contract award date. During this period suppliers need to respond to the OBS,
and you need to plan for demonstrations, site visits, draft contract negotiations and
invitation to offer (ITO) stages. The EU directive stipulates 37 lapsed
days after releasing the OJEC advert for suppliers to respond.
Once the market has been assessed and an outline plan
agreed, a more detailed project plan called the Project Initiation Document or PID (PRINCE2 terminology) should be produced. This is the route-map for the
procurement and the key dates must be agreed with the Project Team and Project
Board. It is well worth asking for specialist help and advice over this planning
period as it is better to be realistic (even pessimistic) rather than be too optimistic
and then have to account for project slippage with frustrated suppliers and users.
System research - market assessment
An initial market assessment should be conducted right at
the start of a project to help focus the Project Team onto the definition of the key
business requirements and functions. This information will help to eliminate vendors that
are inappropriate for the organisation during the formal procedures e.g. vendors new to
the market with limited experience, or the system does not meet the basic business
requirements, vendors with a poor track record in support.
Published lists of LIMS suppliers, healthcare computing
exhibitions and seminars, advertisements in healthcare computing or laboratory specialist
magazines, websites such as Feltham Associates, as
well as the experience of other hospitals can form the basis for the initial assessment.
This task should conclude with a list of vendors who are
likely to bid for your business along with a brief description of each and any sales
material available about the company and system.
Initial site visits
It is worth considering making two or three initial site
visits prior to starting the project in earnest. Following your market reasearch you
will know about the leading suppliers and it is not hard to find contact details of their
sites; the salesmen will probably be delighted to let you have this information although
beware if they try to overtly "guide" you to a particular site - it is probably
not stretching their system and so is not causing the company any aggravation!. It
is best to try and choose potential sites to visit which are comparable to your own.
Contrary to what many people think, the purpose of an initial site visit is not to learn
what a system does. Only the supplier can tell you that - preferably in writing in a
contract.
While the average user you meet during a site visit has
some information about the capabilities of the system, he/she may be completely wrong in
important aspects. They know how they use the system. They may not know about
capabilities it has which their organisation chose not to install. They do not know about
new functions the supplier is now marketing which don't happen to be in the version they
are using. They may not know that a particular feature of the system which they like very
much was custom developed for their organisation and is not available for other sites.
The main purpose of an initial site visit is to determine
several users' reactions to the systems and to see how they operate in a roughly
comparable environment. This will provide you with information which you may need to
consider putting into your list of requirements. Secondly, the visit is to find out how a
supplier performs in practice not through a salesman's "rose coloured
spectacles"! A third purpose is to discuss issues of installation and operation
which will be valuable later on. In these areas, users are the experts not the suppliers.
Many of these issues will be common to all suppliers so it should not be considered a
waste of time to visit an installation of a supplier that is subsequently eliminated.
Do not make your selection - even though unofficial - at
this stage! You have a long road to journey down and this is only the beginning.
Many events can happen to cause you to change your mind e.g. supplier deciding not to bid,
an unknown supplier having a better matched system, not sufficient budget to purchase your
"favourite". Naturally you will have seen features you like, probably
different ones in different systems. Make a note of these and in your Project Team
discussions decide how important they are and what weighting to give them in your
evaluation criteria.
Preliminary justification
(OBC)
The question of when and how to justify a computer system
plagues every organisation. One cause of this difficulty is that justification is seen as
a "one shot" process with a straight forward yes or no answer. Many people
simply want to know whether a computer system can be justified and they would like to know
the answer before they waste money evaluating systems.
The problem is that much of the information needed to do a thorough
justification is not available until a significant portion of the evaluation is complete.
This can be seen when the "justification question" is rephrased in a more
meaningful fashion.
"Is it in the best interest of the hospital to invest this amount of
money on this product at this time?"
It is obvious from such a statement that a detailed justification cannot be
accomplished before proposals are received. That's when system costs will be known.
Justification at the outset of a project should be stated differently:-
"Based on our limited knowledge of the subject matter does the
likelihood we can eventually justify a computer appear high enough to warrant researching
the subject matter in depth?"
While it would be nice to completely justify a purchase before doing any work,
this is an unrealistic goal. The best an organisation can do at the beginning is to
justify spending resources on an investigation. This might appear to be a half-hearted
approach since there is no guarantee a system will be purchased even after all the
research is done. It is, however, no more half-hearted than discovering at the conclusion
of the evaluation that the original "justification" was faulty and no system is
installed as a consequence.
A "preliminary justification" has the benefit of being honest. The
official NHS name for this process is the Outline Business Case (OBC). A Trust Executive
will have a great deal of respect for a laboratory with the following statement. "We
won't know whether or not we will be able to afford a system until we learn more about the
capabilities and costs of the available products. We do, however, believe the prospects
are good enough that we should investigate the possibilities in more detail."
Private Finance Initiative
(PFI)
The Private Finance
Initiative (PFI) is intended to encourage the
development of closer relationships between the public and private sectors. Under PFI
the private sector funds the capital cost of the system and its subsequent operation and
maintenance, raising finance from whatever sources are judged appropriate.
The objective of PFI
procurement is to provide high quality public services that represent value for money for
the taxpayer. PFI is one model of Public Private Partnerships in
the NHS; other forms may develop over time. PFI is a key policy for
improving the quality and cost-effectiveness of public services. It enlists the skills and
expertise of the private sector in providing public services and facilities. It is not
simply about the financing of capital investments, but about exploiting the full range of
private sector management, commercial and creative skills.
Any PFI
scheme must demonstrate value for money (VFM) for expenditure by the public sector. This
can be achieved if the private sector assumes risks which would otherwise have been borne
by the public sector where they are more cost effectively managed by the private sector,
and by efficiency savings.
The NHS PFI
process (which runs alongside POISE2) is as follows:
- establish the strategic context, assess the options and, for major schemes, make the
case for change in a Strategic Outline Case and get approval;
- identify and develop a preferred option through an investment appraisal, make the case
in an Outline Business Case, and get approval;
- prepare for procurement by turning the approved option into a detailed specification of
outputs, outcomes and desired allocation of risks;
- advertise the project in the Official Journal of the European Communities (OJEC),
identify potential providers and the best privately financed solution;
- select a preferred bidder with whom negotiations can be completed,
- involving stakeholders (eg staff and trade unions) in the assessment of proposals;
- complete the definitive investment appraisal and Full Business Case to obtain approval;
- finalise, award and implement the contract; and
- evaluate and monitor the project.
Procuring bodies in
the NHS should seek the appropriate professional advice before undertaking any
procurement.
Outline Business Case (OBC)
An Outline Business Case
(OBC) is required to lay down the reasons behind the request for the investment. Later in
the procurement process a Full Business Case (FBC) will be required to finalise the
selection procedure. The objectives of the OBC are to:
- show the Trust has thought about why it needs the investment;
- generate a full list of options for meeting the objectives of the investment and a short
list sifted on the basis of agreed criteria;
- assess the costs and benefits of each short-listed option;
- identify the objectives of the investment and their link to the Trust's strategy and
overall business objectives which should be linked to the overall purchasing strategy;
- identify the benefits expected as a result of the planned investment;
- identify any constraints on the means of achieving the objectives of the investment;
- prepare a risk analysis, and an assessment of the impact of the investment on the
Trust's prices;
- identify and develop the preferred option for the proposed scheme;
- show that this has been achieved through a rigorous investment appraisal process;
- show that it is in response to a robust case for change and is in line with national and
local strategies and priorities; and
- demonstrate that key stakeholders have been involved in formulating, and are committed
to, the proposals.
It is important for
the OBC to be developed in close collaboration with commissioning HAs or PCGs, key
clinical and other staff affected by the proposals, and the Regional Office. It should
adhere closely to the guidance in the Capital Investment Manual (download from http://www.doh.gov.uk/nhsexipu/resource/itinvest/l10.htm),
particularly stages 1 and 2 of the Business Case Guide, and PFI guidance (download
from ).
The costs, benefits and risks associated with this option should
be rigorously assessed over the full life of the project using:
- an economic appraisal (or value for money analysis);
- an assessment of the non-financial benefits and factors (eg using a scoring and
weighting analysis); and
- a cost benefit analysis that brings together the economic and non-financial factors.
The preferred option will normally be the one which meets the project objectives and
delivers the greatest ratio of benefits to costs.
Team selection
Most project teams are too large. They also suffer from a lack of structure. A
core project team of 4-8 people should be adequate to conduct most evaluations. As
mentioned earlier, it is important to separate technical
evaluation from management guidance and approval. If this is done properly, the project
team's responsibility will be to evaluate the systems in depth and make recommendations to
management at each major decision point (project checkpoint).
Consequently, most of the work can be handled by the technical experts and
manager(s) of the departments with proper coordination with others throughout the
organisation. A few people can be designated as "ad hoc" members and brought in
to the process when their specific input or expertise is required. Contributions from
other staff members will be solicited by the team at numerous points in the process to aid
"ownership". The Project Manager should discuss the possible team
membership with senior managers, and confirm the agreed membership with the Project Board.
It is important that the Project Team are representative of the departments
affected by the new system. They should ideally be expert users in the existing system (if
as is usual, a replacement system is being procured) and have an interest in the future of
the organisation. It is not necessary for senior management to think they have a
right to be on the Project Team. Their input will be esential during the procurement but
they are usually not the most appropriate people to be members of the Project Team.
In large projects where more than one hospital organisation is involved, e.g.
multi-site procurements, there may need to be a Project Steering Group which acts as a
funnel for individual "coal face" teams in each hospital.
Once a team is selected, it is vital that all members understand the importance
of their contribution. If a team is too large, it is easy for one person to miss a
meeting. A small dedicated team where each member has a well-understood assignment is a
much more effective approach and unavailability from meetings, site visits or
demonstrations could affect the overall timescales and a proper objective evaluation.
A real commitment from team members will be essential throughout the procurement
stage. Team members will need to negotiate with their line managers to agree about
making the time available for the project.
Sales presentations
Supplier visits must be structured by the user. Otherwise, each one discusses
different aspects of a system and no comparison can be made. Certainly each representative
should be encouraged to point out unique features of his or her product, but the overall
format should be similar. While it is common practice to have products demonstrated -
through terminal connection or PC software - their are drawbacks to demonstrations at this
early stage.
Reading standard material provided by a vendor before the representative comes
in for a presentation will make each meeting much more productive. Some understanding of
terminology and distinguishing features of a system prior to meeting with the vendor will
add significantly to the value of the presentation.
First and foremost, it is best to review systems in layers - from the top down.
A major part of an introductory presentation is to learn about the company, their clients
and their approach to the business. If too much time is spent on details of terminal
operation, data entry, report generation, etc., the highest layer will be omitted. Details
can be examined later when the team is better prepared and fewer products are involved.
There is always a trade-off between the number of companies under consideration
and the depth to which each product can be investigated. The number of companies involved
at the beginning precludes a detailed investigation of each one. As the field is narrowed
so decisions must be made on an increasingly detailed level, terminal demonstrations of
selected systems can provide some of that detail.
The second problem with early demonstrations is that few details will be
remembered for the duration of a project. Information that is important about exactly how
a system operates will be lost by the time an in-depth comparison is conducted. In
contrast, if a supplier has a exceptionally, special feature which captures the
imagination of the bulk of the users (e.g. telemedicine, voice recognition, WAP links, 3-D
graphical workload statistics etc.) then this can detract from the objectivity of future
demonstrations.
Preliminary proposals
Even though a final configuration cannot be determined until later in the
project, it is possible to obtain indicative pricing information on a tentative
configuration. Most companies can produce a "budgetary proposal" with a small
effort and skeletal information about transaction volumes. It is very important that the
user suggest the number of terminals, analysers, printers, workloads etc. so that all
companies will propose roughly comparable systems.
While some - particularly first time users - will find it difficult to guess at
a configuration, it is better than letting the supplier guess. The supplier is generally
biased towards underconfiguring at this stage. They do not want to look high priced so if
they believe the user will need 50-60 devices, they will propose 50 - or less sometimes.
Sometimes suppliers will ask permission for one of their technical specialists to
do a "walk through" round the laboratory. It can be useful as their experience
can sometimes give you information which you might otherwise have overlooked.
The results of this budgetary proposal should be used to determine whether or
not the preliminary justification was on track. If prices, are much
higher than suggested earlier, it would be legitimate to ask whether the original analysis
was still valid.
In guessing at the initial configuration, it is better to err on the high side
rather than to underconfigure. No-one has ever been reprimanded for saying "we have
decided to spend less money by removing some of the terminals from the original
configuration". On the other hand, how many people have ever said they made a mistake
and bought too many terminals?
Concerning software, no decisions should be made at this stage about whether or
not a particular optional package will be used. All software modules including interfaces
should be priced and included in a preliminary proposal.
Evaluation criteria
A major flaw in many system selection projects is that no formal evaluation
system is developed until very late in the game. In particular, many organisations do not
develop the criteria and methodology for evaluation until after proposals are received. It
is at this point they realise how difficult it is to make a decision where many people
with different needs are involved.
Pricing should be excluded from the evaluation until a ranking based on system
capability and corporate strength has been completed.
It is unlikely that one system will be judged best by all participants so
a method of compromise must be developed. This method usually involves an assignment of
weights and scores to various system features which are then totalled to come up with the
final vendor ranking.
The problem with doing this after proposals are received is that the OBS
probably did not request the appropriate information in the best format for evaluation.
How could it, when the evaluation system was not prepared at the time the OBS was written?
While it is not possible to describe a complete evaluation system in this
document, a few critical points will be mentioned.
- A hierarchical approach works best when assigning weights. This allows weights to
be changed in various components without changing them throughout the entire system.
- Not all participants should evaluate all elements. Individuals on the Project
Team were selected because of their expertise in specific areas. They and they alone
should judge the system in the areas were they have the most experience.
- Pricing should be excluded from the evaluation until a ranking based on system
capability and corporate strength has been completed. After this ranking is done and
comparable proposals have been received, it is possible to make a decision concerning the
difference in capability vs. the difference in price among all the vendors.
- Mandatory requirements should be kept to a minimum for two reasons. First, a
large number of mandatory requirements will more than likely eliminate every vendor since
they only have to miss one to be disqualified - if they are indeed mandatory requirements.
Also, mandatory requirements are often dropped when the price to meet them is determined.
So, in fact, they weren't mandatory at all. They are like all other
"requirements" - desirable if they are affordable!
In practice a summary, in the form of a spreadsheet, can be very useful with
every requirement numbered sequentially in the OBS and the spreadsheet. Weightings
can be applied and then either suppliers can be asked to complete the spreadsheet or the
Project Team mark it after reading the OBS. The advantage of asking the supplier to
complete the spreadhseet OBS summary is that it is their decision whether they comply or
not with each requirement and not some subjective assessment by a Project Team member.
A suitable scoring system could be 0 = non-compliance, 1 = partial compliance, and
2 = full compliance. By amalgamating all the supplier responses into a single
spreadsheet an initial ranking can be achieved extremely easily. Clearly if
compromises are required for some of the partially compliant features to separate closely
ranked suppliers then the detail about the response will be found in the OBS.
Advertising your project (OJEC)
The procurement of laboratory information systems
is subject to European public procurement rules which apply to all NHS information
management and technology (IM&T) procurements.
The rules consist of relevant legislation which must be adhered to when carrying
out the POISE2 process. Since the rules apply
to IM&T purchases, the project team members should work within the procedures and
principles that are established. Unfortunately the rules were designed for ordinary
purchases of standard commodities and not the complexities of information systems
specifically.
The rules set out procedures for the award of contracts above certain threshold values throughout the European Union (EU). Their purpose is to
open up the public procurement market and to ensure the free movement of goods and
services within the European Union thereby
increasing opportunities for competitive suppliers, contractors and service-providers. In
most cases they require competition. They go with the grain of the Governments
policy that procurement decisions should be based on value for money through competition.
Generally, the corner-stone rules of the
legislation are contained within the Treaty of Rome. Specifically:-
- Article 30 prohibits restrictions on the free movement of
goods within the community
- Article 59 prohibits restriction on the freedom to provide
services within the community
- Article 85 prohibits agreements which have as their
objective prevention, restriction or distortion of competition. This is particularly
important when considering contract length, since a contract considered to be too long may
be open to challenge under this article. Broadly if the contract length is set with a view
to obtaining best value for money and the contract is subject to periodic re-competition,
there should be no difficulty.
The EUs collective aim is to assist in the creation
of a single market across Europe, with buyers making their requirements known widely
across state boundaries and choosing suppliers in an open, easily understood way. Since
the UK is a member state of the EU, the authoritys buying decisions must serve not
only local interests but also those of the state.
Breaches of the directives and/or the Treaty of Rome may
be investigated by the European Commission. If the Commission believes that a breach of
the rules has occurred, it may seek suspension of a contract. If a contract has been
awarded, the Commission does not have the power to overturn it, but the European
Court of Justice does, and may exercise that power if the breach is considered serious
enough.
The rules apply to all written contracts for goods for
health authorities, trusts, or agents working on their behalf, if the total value is more
than the current threshold.
Contracts for lease or rental are treated as if they were
purchases, regardless of which party finally owns the equipment. For a fixed term rental
or lease, the value is the total of the payments. For an indefinite rental or lease, the
value is 48 times the monthly payment.
In estimating the value, the authority should include all
services which are associated with the procurement, such as costs for installation,
licensing operating system software, conversion of an existing application etc. VAT should
be disregarded . Under the Services and Supply Directives it is forbidden to
split up the total projected cost of procurement in order to avoid the regulations.
Throughout this article, reference is made to the Official
Journal of the European Communities (OJEC) which is published by the Office for
Official Publications of the European Communities. All procurements conducted
under the European rules have to be advertised via a notice in OJEC. There is no charge to
an authority for placing an advertisement. The maximum length of any advertisement is 650
words which is about one page. It is best to research other adverts for similar
projects before finalising your own. Some are so well worded that they remove the
need for an extra Information Memorandum stage.
Feltham Associates has a collection of OJEC advertisements for laboratory information
systems.
From the date of dispatch of the notice to the
Official Publications Office, potential suppliers must be allowed a minimum of 37 days to
submit expressions of interest.
The replies that come in should be accompanied by
whatever financial and technical information was asked for in the advertisement. If some
replies do not include the financial and technical information that was requested, it
would be sensible to write back to the firms in question explaining that the authority is
entitled to request this information and repeating the list from the notice in OJEC.
Authorities are obliged to debrief suppliers in writing on
request to say why they have not been invited to tender or have not been successful with
their bid this must be done within 15 days of the date on which the request is
received.
In POISE2 terms, that means that once a
supplier has responded to the OJEC notice and asked to receive the OBS, if the authority
decides that he is not suitable, and he asks why, it must explain, even though it will
have not yet awarded a contract.
Some frequently asked questions
(FAQs) on the EC procurement process can be checked here.
Thresholds
Procurements over the following thresholds need to be
advertised in the OJEC via an OJEC notice:
| Directive |
Value |
Type |
| Services |
£100,410
(€162,293)
|
Whole Life Cost |
| Supply |
£100,410
(€162,293)
|
Total Contract Value |
These thresholds are updated every two years
in January. The above apply from January 2002 to December 2003. The latest threshold
levels can be found through the Office
of Government Commerce (OGC).website.
Information Memorandum (IM)
The IM is an optional document which can be
issued to potential suppliers to give them sufficient information to enable them to more
clearly establish whether they wish to propose solutions, and to provide additional
information to the authority.
The IM will always be developed from the OBS but the content of the IM will vary
according to its use. The IM must always comply with the basic requirements for PFI
testing and therefore it should not be a tick list of requirements that have
to be met. The IM must give sufficient information on the requirement and the reasons for
the requirement to enable suppliers the maximum opportunity to propose innovative
solutions.
A suggested contents for an IM are given
with the POISE2 documentation. Not every procurement will need an
IM. It can sometimes help reduce an initial set of interested suppliers who responded to
the OJEC advert.
As with all information passed to suppliers, it
is helpful if the IM is sent both as hardcopy printout and electronically (e-mail and/or
3.5" floppy or CD-ROM).
Output Based Specification (OBS)
An Output Based Specification (OBS) is a detailed understanding of what the
proposed system needs to do to meet the Trust's business requirements and what the
obligations of the vendors will be. This material must be in writing because it will
eventually form one of the schedules in the contract with the chosen vendor.
The OBS is a document used during an IM&T
procurement that describes the authoritys output requirements for planned
investments in new systems and/or services (such as operational running of the system, a
help desk and technical support).
In concept, it replaces the Detailed Statement of Need (DSoN) and Summary of
Need (SoN) defined in the original version of POISE. Just as the DSoN and SoN did, the OBS
attempts to describe the authoritys needs without getting into the detail of how
these might be satisfied.
The main differences are described in more detail below.-
- Service boundaries
- Linking requirements with existing systems and expected
benefits
- Giving suppliers the opportunity to innovate
- Categorising requirements
- Ability to evolve requirements
- Level of detail
- More emphasis on services requirements
The OBS describes the output requirements for planned investments in new systems
and/or services plus any constraints that apply to the proposed solution(s), such as the
need to meet national or local standards and the need to interface with existing systems.
It also includes additional information pertinent to the procurement, such as
the authoritys proposals for risk transfer and for management of the contract,
details of the procurement process and instructions to bidding suppliers.
It has the following uses:-to ensure that both the authority and
potential suppliers have a clear understanding of the authoritys requirements and
expected benefits from the proposed investment
to provide the basis for the draft contract
schedules regarding output requirements that will be inserted into the draft contracts
with shortlisted suppliers
to provide a baseline against which
shortlisted suppliers can be evaluated (including being rejected) in a clear and even
handed manner.
An OBS should not be a System Specification. Specifically, it should not
tell the vendors exactly what their proposed system should do. This approach worked fine
when any new system involved a significant amount of reprogramming. Customisation was then
the rule, not the exception.
The high cost of customisation and support of custom software has changed this
situation completely. Most users try to use standard packages to the greatest extent
possible. Suppliers are certainly aware of customisation problems as well. The only ones
who boast of their willingness to customise are the ones who have partial systems and are
looking for someone to help them complete the development effort. With packaged systems it
makes more sense to ask the supplier what the system does and how it works rather than
telling them what you would like it to do. This way you are seeking to match your
business requirements with the systems available. You then have to evaluate which
system is the best fit bearing in mind various features which are essential and others
which have been deemed desirable. It is very unlikely that any system will meet your
requirements exactly so compromise will be important.
There are a number of common problems
facing authorities when defining their needs:-
- Inappropriate focus on solutions not needs
- Too much/too little detail
- Unworkable compromises
- Injudicious use of the term mandatory
- Copying others documents - they should be YOUR
needs not some other organisation
- Overlooking future changes to requirements
Asking questions has one other advantage. It allows the supplier to offer
suggestions and demonstrate methods of operation that you may not have thought of during
earlier stages of the process. The evaluating team has only to compare answers to the OBS
and judge which ones they like best. They do not have to try to "invent" a best
answer at the OBS stage and they are open to new ideas right up to the time of final
ranking.
This approach is in distinct contrast to closeting a team early in the process
so they can document their needs and describe the "optimum system" without the
supposedly confusing influence of vendor claims and counter claims. Systems are too
complex today to believe that a typical user can describe how a system should operate in
detail without an intense interaction with a variety of vendors and users to learn about
all the possibilities.
The more exposure key individuals have before a system is purchased, the less
confusion there will be during the installation.
Vendors should not be asked to rush their responses unless there is good cause.
One to two months for a detailed response for a complex system is not unreasonable. A busy
supplier - the type you would like to work with - has many prospects in the sales cycle.
They all have limited resources and the hospital that realises this and works with the
vendors to make the most of their time will come out best in the long run.
As a rough guide, the OBS should include the following main sections:-Introduction
Background to the requirement
Summary of the requirement
Core requirements
Possible additions and variations to core requirements
Management of the contract
Constraints
Risk transfer
Procurement processProcurement timetable.
Implementation timetable.
Procurement procedures.
Information required from suppliers during procurement
re costs.
Evaluation criteria and method.
Details of response required
- Instructions for layout of proposals (to aid
comparison and evaluation).
- Corporate capability (eg nature of consortium).
- Point by point response to everything set out in
Sections 4 to 8.
- Details of options and alternative proposals.
- Description of approach to service provision (including
project management, plans, timetable, organisation and staffing).
- Indicative/budgetary commercial proposals (including
funding arrangements, basis of charging, budgetary costs, incentives in contract, transfer
of assets/staff, other revenue streams).
STEP Questionnaire
STEP stands for STandards Enforcement
in Procurement and is the process which ensures that NHS IM&T
systems, equipment and services, conform to NHS policy on standards. These policies are
designed to encourage the interworking between systems and the exchange of information
between appropriate NHS organisations. The latest questionnaire can be obtained from the STEP
website: http://www.standards.nhsia.nhs.uk/spg/step/index.htm
Since it is not possible for products to conform
immediately to new standards, three categories have been defined and these are updated
annually.
- Category 1 standards are those standards with
which the NHS can reasonably expect products to conform.
- Category 2 standards are standards agreed
nationally by the NHS but ones that suppliers have not necessarily had the time to
implement in their products.
- Category 3 standards are those which are not yet
formally agreed NHS standards but which may become agreed standards at some later stage.
Each annual update adds new standards and may
move existing standards into different categories. The current version (from April 2000)
is version 6.
Not all standards will apply to all procurements and some that are relevant may
be more important for local considerations than others. The flexibility exists for users
to consider which standards are relevant, what priority they have in any given procurement
and to evaluate suppliers responses accordingly.
Each procurement should decide which standards are relevant to that procurement
and indicate them on the STEP Questionnaire. The Questionnaire is issued
with the OBS and suppliers responses are returned with their proposals. The
responses requested to the STEP Questionnaire usually require a yes/no
answer and so it is relatively easy to evaluate them. However it should be noted that the
response will form part of any resulting contract. If any standards were made mandatory in
the OBS then only those suppliers that can, or will in an appropriate timescale, comply
with the mandatory standards should be taken through to the next stage of the procurement.
The STEP Questionnaire can be sent in an electronic form.
On-Site Demonstrations
It is now time to bring in terminals or small systems for a live demonstration.
The field has been narrowed so adequate time can be devoted to each system. With fewer
vendors, the confusion about which system does what will be minimized. With a good
background in the general capabilities of each system, team members are in a much better
position to probe more deeply into how each system works than they would have been during
initial presentations. Finally, It is close to the time for a detailed evaluation so the
knowledge gained through very recent on-site demonstrations is more likely to be of
benefit in this process.
As with all aspects of the selection, demonstrations should be structured so
each vendor addresses roughly the same topics. Because each representative will be on-site
for a day or more, it is possible to expose a significant number of people - not just the
project team - to the intricacies of each product. If certain aspects of a system are to
be demonstrated at a particular time, individuals who have knowledge in these areas should
be brought in to observe.
The more exposure key individuals get before a system is installed, the less
confusion there will be during the installation.
System Evaluation
Evaluation is an integral part of the competitive
procurement process. It is the task of comparing and ranking potential suppliers and their
proposals against predetermined criteria to assist in the selection of the solution which
offers the most economically advantageous offer. A key component of an evaluation of
privately financed options is risk measurement.
More evaluations grind to a halt during this task than at any other point
in the process. The reason is simple. As mentioned earlier most organisations do not give
adequate attention to the evaluation criteria and methodology before attempting to perform the evaluation. As a
result, they realise at this point how difficult it will be to make a decision that is
best for the laboratory organisation but that may not be considered best by one or more
individuals or units. The simple decision making approach that works for small systems
that affect few people cannot be "scaled up" to handle complex procurements.
At this critical juncture, the unprepared organisation is forced to confront the
issue of "exactly how are we going to decide" for the first time. The lucky ones
struggle with this problem and finally determine how the evaluation will be done and then
realise they did not collect the correct information during previous tasks. So they go
back with a follow-up Information Memorandum with a second round of questions. The unlucky
ones are not able to devise a workable methodology and the process slows to a crawl or
stops altogether.
If, however, the organisation worked on the evaluation process ahead of time it
is only a matter of working through the steps that were agreed to before the OBS was sent
out. Very little additional material should be needed precisely because the OBS questions
were developed to collect the information the organisation felt would be useful in
comparing systems. A completed OBS summary spreadsheet is very worthwhile.
Without this core technical content all the legal language in the world will not
form the basis for a satisfactory installation.
Quality of Solution
A list of possible low level criteria for evaluation is selected on the basis of
need and fitness, some typical examples are given below:-
- single entry of data
- timeliness of information
- quality of information
- ease of access to information
- better analysis of information
- ability to improve efficiency/cost effectiveness of
service
- fit of application software with functional
requirements
- system availability
- better utilisation of staff
- better response times
- more comprehensive reports.
Commercial criteria
Commercial criteria are concerned with the standing and general capability of
the supplier. The assessment of this category of criteria are largely completed by the
evaluation of OJEC responses (POISE2 Step 11) although further assessment
is undertaken at the evaluation of the information memorandum (POISE2
Step 13) and evaluation of the responses to the OBS (POISE2 Step 15).
Suggested topics to include under this heading are:-
- history, size, stability, financial viability and
growth of the supplier organisation
- standing of the supplier in the market place
- details of proposed parties or consortia, and previous
experience of working together
- track record in the provision of the required services
- current and planned areas of operation relevant to the
requirement (such as types of client business, types of application and business activity,
types of service delivery, scale of projects undertaken)
- suppliers approach to funding the PFI service
provision, and access to financial resources
- ability of the supplier to generate alternative revenue
streams
- ability of the supplier to benefit from economies of
scale in the provision of the required services
- reputation of the supplier for innovation in technology
and in business re-engineering
- suppliers access to relevant technical resources
and expertise
- range of additional services which the supplier could
deliver
- flexibility of the supplier in dealing with customers
- willingness to accept customers contractual terms
and conditions
Cultural fit
This area of evaluation is concerned with assessing the likelihood of
establishing a constructive and mutually beneficial working relationship. This will depend
largely on observations made during the contract negotiation stage; site visits will be
particularly relevant.
Suggested topics to investigate could include:-
- the quality of the working relationship with the
supplier
- the suppliers working practices
- the suppliers approach to project management
- the calibre of the suppliers staff
- the ease of communication with the suppliers
staff, and their responsiveness and openness
- the suppliers approach to the negotiations and
the degree of flexibility shown
- the suppliers willingness to reach agreement
- the suppliers willingness to accept and manage
risk
- the entrepreneurial nature of the supplier organisation
- the relationships between the supplier management and
staff
- the suppliers familiarity with the public sector
culture
- the suppliers reputation for dealings with
existing customers.
At the conclusion of this task, the team should have a tentative ranking of
vendors along with a list of reasons why each was ranked as it was. The ranking should be
a numeric score and the reasons justifying each score.
Phone Surveys
User contacts to this point have been limited to initial site visits - generally
one per vendor. After the detailed evaluation, the team will undoubtedly have questions
remaining. Some of these can best be answered by talking to other users. Another set of
questions - relating to each vendor's recent installation experience - can only be
addressed by the newest clients. A structured survey - where at least five recent clients
of each of the top ranked vendors are called - is appropriate and recommended at this
time. Each site should be ask similar questions except for items that are vendor specific.
If time and resources are available then phoning every UK reference site is not out
of the question. Clearly there will be limited scope for this with suppliers with
reference sites on the continent or further abroad, e.g. USA, Canada,
Australia, New Zealand.
A third set of questions have little to do with vendor selection but are helpful
in any case. Questions about the "installation experience" in general will help
the organization avoid some of the problems faced by others. Open ended questions like
"What should we watch out for?" and "What would you do different next
time?" will allow others to share their experience with your team right before the
installation is initiated.
Visits
Follow-Up Site Visits
If a major capability of a leading system - a specific HIS or PAS interface for
example - was not observed during the initial round of visits, it might be necessary to
see it at this time. Such a visit would not involve the entire team - only those who are
concerned with the item in question.
Home Office/Headquarters visit
No major purchase should be made based solely on contact with a sales
representative and one or two marketing support analysts. Once a system is selected an
entirely different set of people will take over including installers, support personnel
and developers of future enhancements.
Before a contract is signed, it is helpful if the Project Team, hospital
managers and executives can meet managers in the vendor organisation. A one day visit -
possibly to two or more leading vendors - can uncover information that is impossible to
find in volumes of printed material. It is worth asking to be shown the Help Support
arrangements. If possible ask the supplier to lay on a presentation by the various team
leaders in the supplier's company i.e. support, implementation, training, development,
administration and finance.
Important questions could be put to executives of the company if answers from
the salesman have been unexpected or considered as "vapourware". Do not be
afraid to ask awkward questions.
Foreign visits
Some suppliers will offer to take part or all of the Project Team to visit their
reference sites abroad, e.g. USA. If they have UK reference sites of comparable size
and workload to your own then this is unnecessary, but if their only comparable sites are
abroad then advice should be sought from your local NHS Regional office and funds for the
trip sought from Trust funds. If is wise to allow for a contingency such as this
when allocating the cost of procurement to the organisation during the project planning
stage.
If the trip is funded by a supplier then it is a direct breach of standing
orders.
Cost/Benefit Analysis (RoI)
If necessary, a detailed cost-benefit (Return on Investment - RoI) analysis can
be performed at this time. All of the information including exact system costs and
complete descriptions of capability are available. In addition, the experience of other
users - in terms of installation and operational costs - can be factored in to provide an
accurate life cycle projection.
A useful companion for calculating RoI is
Investment
Appraisal for IM&T a computer-based training package using spreadsheets for
practising the application of some of the core techniques.
Advice from the Finance department of the organisation is
essential at this stage so that the figures can be obtained from the suppliers to meet the
standing orders for PFI.
Final ranking
With much of the homework accomplished, the team is in a
position to recommend the top two or three ranked suppliers for draft contract
negotiation. The reasons these systems were selected are completely documented. If only
one supplier's system meets the evaluation criteria then be prepared to provide evidence
why no others match your criteria and why it is important that the features the
"single supplier" can offer match your business requirements best. It is then
possible to go forward with a single supplier but a word of warning - while most suppliers
will still provide their "best" price it will be tempting for them to reduce or
eliminate their discounts once a competitive element is missing!
The major tasks remaining are to finalise draft contracts
with the final supplier(s) and to summarise the work to-date so it can be presented to
busy hospital executives and project board members in the full business case (FBC) and
final recommendations.
Draft contract negotiations
Business may be awarded on the basis of any contract but
only a good contract will positively aid successful achievement of the common goal. Both
parties must believe they can perform the contract and intend to do so. If this intention
is carried through to implementation, and the message from POISE2 is that
purchase and implementation are both part of a single procurement process, the parties
will work together within the terms, to fulfil it. Such an attitude creates a
business-like, working relationship which will withstand change, disagreement and problem
resolution as a part of a way of life.
Contract negotiations almost always take longer than
anticipated. The only way to make this task go reasonably quickly is to accept the standard NHS
contracts (SSCON, SYSCON, MSCON - see NHS
PASA website) with few changes. Significant changes must be reviewed
and agreed to by executives and lawyers from both sides. This process takes time.
The standard NHS contracts have been accepted virtually unchanged by most suppliers to the
NHS. They consist of a core contract of terms and conditions together with several
project specific schedules which are tailored to your procurement.
The complex final draft contract negotiation process should
not be initiated without careful consideration of the implementation plan and timescales.
Not just any plan will work. Much of the detail required for the contracts will need some
site assessment and pre-implementation planning by each shortlisted supplier.
Suppliers should be prepared to invest in this planning process prior to contract award.
Before any post contract evaluation activity is undertaken the following questions must be
considered:
- Has adequate effort gone into developing a
comprehensive project plan?
- Does the plan make sense in content and structure to
all parties?
- Do they truly believe it is the best approach?
- Does it involve key individuals and units throughout
the organisation?
- Does it rely on internal expertise to the maximum
extent possible?
- Is the approach in line with the modern concept of
packaged software as opposed to an earlier model based on custom programming?
- Have all parties who will be relied on for significant
contributions agreed to commit the time and energy?
- Has the approach worked well in our organisation
before? In other organisations? If not, what assurance do we have that it will be
successful here?
A contract, however, should not be looked at strictly as
the purview of lawyers. First and foremost it must describe - in user terms - exactly what
the vendor is proposing to install. Without this core technical content all the legal
language in the world will not form the basis for a satisfactory installation.
A poorly run selection process cannot be salvaged at the
last minute by bringing in a shrewd contract negotiator. A good contract is the
culmination of a sequence of well-planned evaluation and selection tasks. It is the
formalisation of the understanding between two parties that takes weeks, and even months,
to develop.
Each supplier will be required to agree formally to its own
version of the draft contract. The draft contracts will then be complete. Each one will
represent a contract which when the pricing information is added the supplier (if
selected) and the authority will be able to sign without further change.
An invitation to offer (ITO) is a request to a potential
supplier to submit price information which, in combination with a draft contract,
constitutes its best and final offer the aim of POISE2
Step 22 is to ensure that those suppliers who agreed draft contracts with the authority
are invited submit offer and that their offers meet the authoritys legal and
administrative requirements as well as IS needs. After final evaluation, the authority
must be able to accept any offer by signing the now complete contract, whereupon the
supplier whose offer it is, is committed to perform the contract.
The ITO must meet the requirements of the authoritys
own Standing Orders (SOs) and Standing Financial Instructions (SFIs), both of which should
be reviewed early in the procurement to ensure that their effect on the ITO is fully
understood. It is the authoritys responsibility to ensure that the requirements of
the SOs and SFIs relating to ITOs are carried out and that any conflicts between
such requirements and POISE2 are resolved in such a way that the
integrity of the procurement is maintained and any disruption to the timetable avoided.
The ITO will request all suppliers to respond by a
specified date. The time allowed for suppliers to respond must meet EC requirements, which
provide for a minimum period of 40 days between the dispatch of ITOs and the receipt
of tenders by the authority. However it is usual for suppliers to be asked to formally
agree to a shorter time, such as 10 working days.
Before proceeding with the ITO, references may be taken up
or other investigations carried out to ensure that there has been no significant change
which might adversely affect the decision to invite any of the remaining suppliers to
tender. Examples of such enquiries might include:-
- a suppliers latest financial and credit
information
- current status of other contracts in which a supplier
is involved, particularly any with another authority
Final justification (FBC)
Full Business
Case (FBC) approval must be sought for a scheme before it proceeds to financial close.
The FBC will
be given approval when it has met all of the requirements of the Capital Investment
Manual and only minor details of contractual agreement (i.e. anything that will not
affect the price or level of risk transfer in the deal) are outstanding. In practice, this
means that a significant majority of the contractual documentation, including schedules,
will have been agreed in some detail with the private sector partner, and the financiers
to the scheme will have agreed the key elements of the deal.
For an FBC to be given approval, the deal should be in such
a position that will enable full financial close to be reached within two months after
approval. This means that financiers due diligence should have commenced prior to
FBC approval.
Given that FBC
approval will only be given at a highly advanced stage in the development of a deal, it is
essential that early drafts of the FBC which reflect how the deal is developing are shared
with the NHS Executive Regional Office. Drafts of the FBC serve an important role in order
that both the NHS Trust and the NHS Executive can ensure that the scheme develops in line
with PFI policy.
It should also be remembered that one of the key
functions of the FBC is as the key document in the audit trail in recording the
decision-making process culminating in the decision to proceed with the PFI scheme.
Final decision
Some organisations rank vendors and just negotiate with the
top ranked company - "single tender" if only one supplier meets the OBS. Others
negotiate with the top two or three. In either case, lower ranked vendors should not be
ruled out completely until an agreement is signed.
The final presentation by the Project Manager to the
Project Board is straight forward at this point since the necessary homework has been
done. All questions about system capability, cost, benefits, installation effort and
impact on the organisation have been addressed. A simple overview of the process and the
resulting recommendation is backed up by volumes of technical detail which were needed for
the FBC.
Since board members have limited understanding of many
applications, their questions are more likely to address process issues. Did you consider
...? Why did you take this particular step. etc. Because the process was well-structured
and all parties agreed it was the best approach, there should be little difficulty in
answering questions of this nature.
Once the Project Board have accepted the Project team's
recommendation the paperwork may need to be "signed off" and scrutinised by the
NHS Trust Board and/or the NHS Executive Regional Office if the lifetime costs (see
Delegated limits table below). As discussed in the FBC section it
is very worthwhile acquainting the relevant staff at the NHS Regional Office at an earlier
stage about the timescales of the project and the proximity of the final decision.
That way some indication of any likely delay can be built into the final project planning.
Delegated limits
| WHOLE LIFE COST OF SCHEME |
APPROVING AUTHORITY |
| Less than £1 million for NHS
Trusts, irrespective of turnover |
NHS Trust Board |
| More than £1 million, but less
than £20 million |
NHS Executive Regional Office.
Outline and Full Business Cases required. |
| More than £20 million |
NHS Executive (Regional Office and
Headquarters). Outline and Full Business Cases. Treasury approval of Full Business Cases
also required |
Award of contract
NHS Trusts
should not underestimate the complexity and quantity of legal documentation that needs to
be finalised both by the NHS Trust, the project company and accountants before financial
close can take place. The completion of the documentation will also be affected by any
issues which are raised during the due diligence process. NHS Trusts should ensure that
adequate time is set aside and sufficient resources allocated for this part of the
process. This process can take several weeks or even months as meeting
schedules are met and information collated for presentation.
The NHS Trust
must also consider its own approvals mechanism for the contract award. Not only are
approvals needed within the NHS Executive; the NHS Trust will also need to
have the project approved through the cycle of Trust and board
meetings to agree the contract. The board will need to consider what delegated authority
the NHS Trust Chief Executive will have to agree variations in the price from the FBC to
that eventually agreed at financial close.
Once the NHS
Trust and, if necessary, the NHS Executive are happy with the pre-contract review, the NHS
Trust can proceed to financial close. Within seven days of award of a contract the team
must inform the unsuccessful suppliers that a contract has been awarded. The authority is
also obliged to publish such a contract award notice within 48 days of award of contract
in OJEC.
Post implementation review
Traditionally,
implementation has been viewed as a project stage starting when the contract is signed,
encompassing installation, testing, acceptance and training, and finishing at final
acceptance and payment.
The move towards service-based solutions dictates that
implementation has to be considered in a wider context than that of an IT system
installation, taking account of changes in the way people work and the impact of the
changes on the organisation.
Successful implementation requires a firm foundation based
upon:-
- business plans and strategy
- IM&T strategy
- human resources strategy
- project management and planning
- organisational plans
- procurement plans.
Each will influence IM&T implementation and, in time,
implementation may impact on each plan.
The standard methodology for evaluating completed IM&T
projects in NHS acute provider trusts is PROBE, which stands for Project
Review: OBjective Evaluation. The
guidelines on PROBE reviews are available from the NHS Information
Authority, Electronic Record Development and Implementation Programme, which should also
be consulted should additional information be required.
The PROBE
guidance describes an evaluation framework which encourages and supports an objective
review. Evaluation is recognised as an ongoing process, from project initiation to post
implementation review. By means of good evaluation practice, the appraisal, design,
management and implementation of IM&T projects can be improved.
Evaluation is mandatory for investments greater than £1
million, but this approach may be usefully applied to smaller projects, as well as those
forming part of a larger programme.
Typical objectives for a post
implementation review
- assess how well the objectives of the project are
being achieved
- assess value for money
- determine if project is on plan and identify
corrective actions
- document the lessons to be drawn for others and for
the future
- take stock for the future: identify next steps
- identify actions to consolidate current
implementation
- identify current performance improvements
- If you find this advice has been useful then why not
contact the company that produced it and get the "full monty"! Examples of
OBS, OBC, FBC, PID, scripts for demonstrations and draft contract schedules for hospital
laboratory computer procurement projects are available for personalising to your project
when you place a contract with us.
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