Cardiff and Vale University Health Board Ann Morgan. Contact Name (person completing this form) Question Detail Answer Please Tick Action Required

Transcription

1 Freedom of Information Act 2000 Request Reference FoI/17/333 Managed Service and/or Framework/Single Supplier contracts that relate to Ophthalmology services NHS Organisation Contact Name (person completing this form) Cardiff and Vale University Health Board Ann Morgan Please Tick Action Required as appropriate Q1 Are any Ophthalmology services currently Yes If Yes, please complete Questions M1 to M12 being delivered under Managed Service contracts No x Please complete Questions Q2 and also Q3 if Q2 Are any Ophthalmology services currently being delivered under alternative contracts e.g. framework or single supplier contracts appropriate Yes x If Yes, please complete Questions C1 to C11 and C12 to C14 No Please complete Q3 if appropriate Q3 If No answered to both Q1 and Q2, please provide details of how Ophthalmology services are provided e.g. alternative provision, neighbouring NHS Trust, etc. Page 1

2 Question Set M1 to M12 (Managed Service) M1 M2 M3 M4 M5 M6 M7 M8 Who is the current provider of the Managed Service? Is there an actual contract in place? (Yes/No) What equipment, consumable products and services are included within the Managed Service? How many staff are provided on site, by the supplier, to maintain the Managed Service provision? What is the estimated Contract Value? (Please specify whether an annual or total contract value is given). Within the Managed Service contract, are you recovering VAT under COS Heading 45 or 53? What was the OJEU reference of the contract notice relating to the Managed Service contract competition Was the procurement direct with suppliers or via a purchasing hub? If purchasing hub please specify which hub. Page 2

3 M9 What was the Contract Start Date? M10 What is the Contract End Date? M11 What is the duration of any Extension Period? (No. of years) if applicable. M12 When is the procurement planned for the re-contract? Page 3

4 Question Set C1 to C10 (Contracted Service) Please Tick Action Required C1 Are Ophthalmology services provided via a framework contract? Yes x If Yes, please complete Question C2 and then C5 to C14 and C15 to C21 No Continue to C3 to C14 and C15 to C21 C2 If Yes to C1, please give details of the suppliers who are listed on the framework contract and what equipment, consumable products and services they supply. Supplier/s Cardiff Eye Specialist Partnership Newmedia Ltd Equipment, consumable products and services provided Service Contract Please Tick Action Required C3 Are Ophthalmology services provided via a single supplier contract? Yes If Yes, please complete Questions C4 and then C5 to C14 and C15 to C21 No x N/A Supplier Equipment, consumable products and services provided C4 If Yes to C3, please give details of the suppliers who are listed on the framework contract and what equipment, consumable products and services they supply. As C2 Service Contract Page 4

5 C5 If equipment was included within the contract, was this via capital purchase or was equipment provided free of charge tied to a consumables commitment? C6 If equipment was included within the contract, what was the warranty period agreed? Not Applicable Not Applicable C7 C8 Estimated Contract Value (please specify whether an annual or total contract value is given.) OJEU reference of the contract notice relating to the contract competition Multi Lot framework with other specialisms, advertised total value 3,000,000 C9 Was the procurement direct with suppliers or via a purchasing hub? If purchasing hub please specify which hub. C10 Contract Start Date 1 st April 2016 No C11 Contract End Date 31st March 2018 Page 5

6 C12 Duration of Extension Period (no. of years) if applicable Not applicable C13 If applicable, has the Extension Period been invoked? If yes, for how long? C14 When is the procurement planned for the re-contract? All Wales Procurement 1 st April 2018 Please specify the volume and spend for Cataract, VR and IOL in the following years: Year Cataract Cataract VR Volume VR Spend ( ) IOL Volume IOL Spend ( ) Volume Spend ( ) C /2017 * * * * * * C /2016 * * * * * * C /2015 * * * * * * C18 Which CCG is relevant to your Trust? Not Applicable Welsh NHS Page 6

7 What has the cataract commissioning split been between NHS and private centre, in the following years: Year NHS Private Centre Choose and Direct Other Choose and Direct Other Book Negotiated Contracts Book Negotiated Contracts C /2017 * * * * * * C /2016 * * * * * * C /2015 * * * * * * * Cardiff and Vale University Health Board (the UHB) considers the information requested in questions C15 17 and C19-21to be exempt from disclosure relying upon Section 43 of the Freedom of Information Act 2000 Commercial Interests. Section 43 of the Act sets out an exemption from the right to know if: the information requested is a trade secret, or release of the information is likely to prejudice the commercial interests of any person. (A person may be an individual, a company, the public authority itself or any other legal entity). This exemption was considered when deciding on disclosure because it believes that releasing such information would potentially risk prejudicing the commercial interests of the company in question as well as the UHB. As this is a qualified exemption the UHB is required to complete a public interest test in deciding whether it is in the publics interest to withhold or disclose the information. In line with guidelines under the Freedom of Information Act, Cardiff and Vale University Health Board (the UHB) has considered whether it would be in the public interest for us to provide you with the information. Under section 43 (Commercial interests) we have decided that we would not provide you with the information you have requested. The exemption under section 43(2) is engaged if disclosure of the information would or would be likely to prejudice the commercial interests of any person, including the Page 7

8 public authority itself. A commercial interest relates to a person s ability to participate competitively in a commercial activity i.e. the purchase and sale of goods or services. In this case, the information relates to closed tender submission information and negotiations in line with contractual terms so therefore it is commercial in nature. Section 43 is a class based qualified exemption and therefore, there is a requirement to carry out a public interest test. The information can only be withheld if the public interest in maintaining the exemption outweighs the public interest in disclosure. Factors in favour of disclosure Use of public funds There is a public interest in knowing how the NHS in Wales uses its money in its purchasing of services. In this case, the pricing in place. Factors against disclosure Third party interest This is where third party interest might be jeopardised by release of information that relates to sensitive commercial information held about business, financial or contractual issues. In this case the disclosure of sensitive commercial information could impact on the interests of a third party supplier should the information requested be disclosed as part of any request for information. The UHB has a duty to protect sensitive commercial information it holds about any company it deals with. In this case, to provide the information requested about commercially confidential pricing would prejudice the commercial interests of the companies concerned. This could jeopardise the relationship and therefore prevent the NHS from dealing with that company in the future. The interests of the Public Authority The disclosure of the pricing information as requested may prejudice future tendering activity which could impact Balance Test In considering the disclosure of the requested information factors favouring both disclosure and non-disclosure must be considered. The factor favouring disclosure relates to its responsibility of the NHS to account for its use of public funds is a strong reason for the disclosure. However, the factors against disclosure, relating to the need by the NHS to minimise its cost burden and to ensure that it maximises its commercial arrangements are stronger in that by disclosing information relating to this matter may undermine that position in the longer term. Page 8

9 The UHB believes that disclosure of information in a manner which fails to protect the interests and relationships arising in a commercial context could have the effect of discouraging companies from dealing with the UHB in future because of fears that the disclosure of information could damage them commercially. In turn this could then jeopardise the Health Boards ability to compete fairly and pursue its function to bring forward development in the area and obtain value for money. It was therefore decided that it was not in the publics interest to disclose this information. Page 9