HEALTH AND CARE PROFESSIONS COUNCIL
PRE QUALIFICATION QUESTIONNAIRE
QUOTATION / TENDER TITLE: / Provision of Legal Services: Preparation and Presentation of Fitness to Practise Cases
QUOTATION /TENDER REFERENCE NO: / HCPC/001
TO BE COMPLETED BY ALL APPLICANTS AND RETURNED BY: / 17.00 on 31 July 2013
SUPPLIER NAME AND ADDRESS:

Contents

This document contains four sections:

  1. Background information, services required and the procurement process;
  2. Instructions for completion and selection approach;
  3. The Pre-Qualification Questionnaire

1)Basic details of your organisation

2)Mandatory grounds for rejection

3)Discretionary grounds for rejection

4)Financial information

5)Business activities and continuity

6)Experience and references

7)Insurance

8)Quality assurance

9)Health and safety

10)Equal opportunities

11)Environmental management

12)Requirement specific questions

13)Declaration and signature

  1. Appendices

Appendix A – Specification of services

Appendix B – Marking scheme

Appendix C- Data Handling Agreement

SECTION 1

  1. Background

The Health and Care Professions Council (HCPC) is an independent UK-wide regulator of health and care professionals established to protect the public. To do this, we keep a register of professionals who meet our standards for their training, professional skills, behaviour and health and take action against those who do not meet the standards we set or who use a protected title illegally. There are currently approximately 310,000 registrants.

Fitness to Practise proceedings are about protecting the public. They are not a general complaints resolution process nor are they designed to deal with disputes between registrants and services users. Our fitness to practise process is not designed to punish registrants for past mistake; it is designed to protect the public from those who are not fit to practise. Our processes do not mean we will pursue every isolated or minor mistake and each case is considered on a case by case basis.

Legal services are required for the preparation and presentation of fitness to practise cases before substantive hearing panels. We instruct lawyers to act on our behalf when a case to answer decision has been reached by an investigating committee panel. Instructed legal services providers will prepare a case for final hearing – including the taking of witness statements, attendance at preliminary or case management meetings and undertake advocacy before a final hearing panel.Our policy on the provision of legal services can be found at

The number of final hearings (both in terms of days of hearings and number of hearings) has increased over the past four years and we anticipate that this will continue in the coming years as we are now responsible for the regulation of Social Workers in England. Hearings are predominantly held at our offices in South London, but also at other venues throughout England, Northern Ireland, Scotland and Wales.

Currently, 87% of hearings are in England, with 86% of them in London. There are approximately 7% of hearings in Scotland with the remainder of hearings being in Wales and Northern Ireland

The aims of the tender are for the successful bidder to provide:

  • Legal services in fitness to practise cases in line with agreed service standards
  • High quality preparation and presentation of fitness to practise cases for the professions regulated by the HCPC and any registrant groups that may be regulated by the HCPC in the future
  • Advice and assistance in relation to fitness to practise cases
  • Appropriately qualified and experienced members of the firm to undertake the work required within agreed timeframes and to the required standard
  • Systems and processes to allow the efficient, secure and accurate management of case information and material
  • Systems to allow detailed reporting on the status and progress of cases instructed upon
  • Mechanisms to provide feedback about case handling to the HCPC
  • Timely production of bundles and case material in line with statutory and service standard deadlines
  • Systems to provide timely and accurate billing information
  1. Services required

The Council is seeking to appoint one supplier for the provision of legal services relating to the preparation and presentation of fitness to practise cases before final hearings panels. Services will be supplied with effect from 1 April 2014.

Please see Annex A for the Indicative Specification.

  1. Contract length

The contract duration will be for four years. A period of three month’s written notice is required from either party during the agreed contract period. The potential to extend the arrangement for further period(s) will be subject to agreement by the parties during the contract period.

  1. Procurement timetable

An outline indicative timetable for the Procurement is as follows:

Date / Activity
17 June 2013 / Advertisement of opportunity and availability of Pre-Qualification Questionnaire (PQQ)
31 July 2013 (5pm) / Deadline for submission of the PQQ response
w/c 19 August 2013 / Completion of PQQ selection process and confirmation of results to providers
w/c 19August 2013 2013 / Issue of Invitation to Tender (ITT) to shortlisted providers
30 September 2013 (5pm) / Deadline for return of Tender documentation
w/c 18 November 2013 / Completion of ITT process and confirmation of results to providers
w/c 9 December 2013 / Tenderer interviews and presentation
w/c 06 January 2013 / Issue of Intention to Award Letters and unsuccessful letters
January 2014 / Issue of Award Letters, Execution of Contract
01 April 2014 / Contractstart date

This timetable is purely indicative at this stage and may be subject to revision. An updated timetable will be issued to those Potential Suppliers who are successful in reaching the ITT stage.

  1. Invitation to Tender

Following the sifting of PQQ responses shortlisted Potential Suppliers will be invited to submit detailed tenders.

  1. Part B services

This PQQ has been issued by the Councilin connection with a competitive procurement (the Procurement) conducted under the Public Contract Regulations 2006 (the Regulations) (Part B Requirement).

  1. Important Notice

Any information contained in this document (the Disclosed Information) is for information purposes only, and has been prepared to provide background information to interested parties in relation to the Procurement, including those who may be considering whether or not to express an interest in making a bid and, if so, how to make it.The Procurement is continuously developing and the Disclosed Information may be superseded or otherwise become out of date as the Procurement develops.

The issue of this document in no way commits the Council to award any contract for the Procurement or any part of it and the Council reserves the right to terminate the Procurement without prior notice, to change the basis, the procedures and the timescales set out or referred to in this document, or to reject any or all bids and to terminate discussions with any or all bidders at any time.

This document does not purport to be all-inclusive or to contain all of the information that an Applicant may require. The descriptions of proposed contractual arrangements are of a general nature only. Where the Disclosed Information describes any contractual arrangements which are not yet in force, those arrangements may change. Any reference to a contract or other document is qualified by reference to the entire terms of the contract or document referred to. All matters relative to this process shall, pending exchange of formal agreements with the successful supplier, remain strictly subject to contract.

The Council makes no representation or warranty (express or implied) as to the accuracy, reasonableness or completeness of the Disclosed Information.The Council expressly disclaims any and all liability (other than in respect of fraudulent misrepresentation) based on or relating to any such information or representations or warranties (express or implied) contained in, or errors or omissions from, this document or based on or relating to any recipient’s use of such information.

SECTION 2

  1. Instructions for Completion

The company or organisation completing this PQQ should submit an electronic copy of their completed questionnaires and attachments to or by post (providing 6 copies of the PQQ ) to Wangari Farrelly, Health and Care Professions Council, Park House, 184 Kennington Park Road, London, SE11 4BUby 17.00 on 31 July 2013Questionnaires submitted after the due date will not be considered.

Potential Suppliers should answer all questions as accurately and concisely as possible. Where a question is not relevant to the responder’s organisation this should be indicated, with an explanation. Failure to complete the questionnaire as requested may result in your application being disqualified.

Answers should be inserted into the relevant answer box to the right of the question box, unless instructions dictate otherwise. The answer box may be extended to accommodate an answer. Potential Suppliers should note that only information entered into the appropriate box will be taken into consideration for the purposes of evaluating the PQQ. No alterations to the question box should be made.

Where a YES/NO response is required please delete as appropriate.

Supporting information should be presented in the same order as, and should be referenced to, the relevant question.

Questions should be answered in English.

Responses will be assessed in accordance with the procedures set out below. In the event that none of the responses are deemed satisfactory, the Council reserves the right to consider alternative procurement options.

Only information provided as a direct response to the questionnaire will be used for the selection process. Information and detail which forms part of general company literature or promotional brochures etc will not form part of the selection process and should not be submitted at this stage unless specifically requested. Where stipulated in the questionnaire, you must adhere to the word limit set for individual responses.

  1. Sub-contracting arrangements

Where a sub-contracting approach is proposed, all information requested should be given in respect of the prime contractor.

Where sub-contractors will play a significant role in the delivery of the services under any ensuing contract, please indicate in a separate annex the composition of the supply chain, indicating which member of the supply chain will be responsible for the elements of the requirement, noting that ultimate responsibility will always rest with the prime contractor.

It is recognised that arrangements in relation to sub-contracting may be subject to future change. However, Potential Suppliers should be aware that where sub-contractors are to play a significant role, any changes to those sub-contracting arrangements may constitute a material change and therefore may affect the ability of the Potential Supplier to proceed with the Procurement or to provide the services.

  1. Consortia arrangements

If the Potential Supplier bidding for a requirement is a consortium, the following information must be provided:

- full details of the consortium; and

- the information sought in this PQQ in respect of each of the consortium’s constituent members as part of a single composite response.

Potential Suppliers should provide details of the actual or proposed percentage shareholding of the constituent members within the consortium in a separate Annex. If a consortium is not proposing to form a corporate entity, full details of alternative proposed arrangements should be provided in the Annex. However, please note the Council reserves the right to require a successful consortium to form a single legal entity in accordance with regulation 28 of the Public Contracts Regulations 2006.

The Council recognises that arrangements in relation to consortia may (within limits) be subject to future change. Potential Suppliers should therefore respond in the light of the arrangements as currently envisaged. Potential Suppliers are reminded that any future proposed change in relation to consortia must be notified to the Council so that it can make a further assessment by applying the selection criteria to the new information provided.

  1. Supplier Selection

The objective of the selection process is to assess the responses to the PQQ and select Potential Suppliers to proceed to the ITT stage of the Procurement.

Selection criteria will be a combination of both financial and non-financial factors and will consider:

  • Criteria for the rejection of a supplier, specifically their status in relation to Regulation23 of the Public Contracts Regulations2006 (SI2006 No.5). In relation to the grounds for obligatory exclusion (ineligibility) and criteria for rejection of candidates, applicants must familiarise themselves with these provisions/the provisions therein; and
  • Economic and Financial Standing – the supplier must be in a sound financial position to participate in a procurement of this size as set out in Regulation24 of the Public Contracts Regulations2006 (SI2006 No.5); and
  • Technical or professional ability as set out in Regulation25 of Public Contracts Regulations2006 (SI2006 No.5); and
  • Supplier Track Record - the supplier must be able to demonstrate a successful track record of providing similar services; and
  • Supplier capacity and capability – the supplier must be able to demonstrate their capacity and capability involving an assessment of the totality of resources and core competences available to the supplier.

Failure to provide a satisfactory response to any of the questions may result in the Council not proceeding further with the supplier.

The information supplied will be checked for completeness and compliance before responses are evaluated. Where in the opinion of the Council the response is inadequate, the supplier may be excluded from further consideration. The Council reserves the right to seek independent market advice to validate information declared or to assist in the sift process.

Evaluation of subsequent stages will be undertaken in accordance with the overall evaluation strategy for the Procurement.

You are advised that nothing herein or in any other communication made with the Council, shall be taken as constituting a contract, agreement or representation with the Council (save for a formal award of contract made in writing by or on behalf of the Council) nor shall they be taken as constituting a contract, agreement or representation that a contract shall be offered in accordance herewith or at all.

  1. Selection Procedure

The Council will short list Potential Suppliers based on your answers to the PQQ. If we are unsure as to your capacity or capability to undertake the work, then we may ask for further information or clarification.

The following selection process will be used: -

First Sift – Compliance Check

  • Following receipt of responses to the PQQ a preliminary assessment of submissions shall be undertaken to ascertain whether the information requested has been provided in sufficient detail to proceed beyond the compliance check.
  • Responses should be in the format as specified.
  • The compliance check will result in the following evaluation:
  • Pass – All documentation provided
  • Fail – Major information requirements missing and/or there are grounds for mandatory or discretionary rejection

If a fail is noted, then the evaluation shall proceed no further.

Second stage - Evaluation

  • Potential Suppliers satisfying the compliance check will be evaluated in the following areas:
  • Financial Standing

Potential Suppliers that fail the Financial Criteria will be eliminated from the Procurement and the Council will discontinue with the evaluation of the applicant’s response at this stage.

  • Technical and Professional Ability

A minimum acceptable score has been allocated for question 5, experience and references. If an applicant does not achieve the minimum score of 6the Council will discontinue with the evaluation of the applicant’s response at this stage.

  • Service Management Approach
  • Equal opportunities and employment practices
  • The evaluation criteria and scoring scheme that will be used to assess PQQ submissions can be found below each question and at Appendix B.
  • It should be noted that the majority of questions contained within this PQQ are scored on a 0 to 10 range. All whole values within this range may be used by selectors.
  • The selection team will meet to agree consensus scores for each question, so that no applicants score is the unverified score of any one selector.

Following completion of the selection process, the Council shall notify the successful and unsuccessful applicants in writing of the result.

The short list will be made up of Potential Suppliers who score the most points against this PQQ.

  1. Verification of information provided

By completing this document, the person completing it is confirming that to the best of their knowledge, the information entered is correct and that they are authorised to complete this document on behalf of their organisation. (Please refer to the declaration at question 14).

Not all questions require supporting documentation at this stage however the Council may ask to see these documents at a later stage, so it is advisable you ensure they can be made available on request.

The Council reserves the right to contact organisations’ technical referees, in support of your submission.

  1. Queries about the Procurement

Any questions should be submitted

If the Council considers any question or request to be of material significance, both the query and the response will be communicated, in a suitably anonymous form will be published on our website.

  1. Freedom of Information Act (FOIA)

The Council is committed to open government and to meeting its legal responsibilities under the Freedom of Information Act 2000. Accordingly, all information submitted to the Council may need to be disclosed by the Council in response to a request under the Act. The Council may also decide to include certain information in the publication scheme which it maintains under the Act.

HCPC may at its absolute discretion disclose information requested under the FOIA. Some information is exempt from the FOIA because it is covered by the rules of the Data Protection Act in the case of personal information, or by the Environmental Information Regulations in the case of information relating to the environment.

If you consider that any of the information included in your PQQ response is commercially sensitive, please identify it and explain (in broad terms) what harm may result from disclosure if a request is received, and the time period applicable to that sensitivity.

You should be aware that, even where you have indicated that information is commercially sensitive, the Council may be required to disclose it under any legal or regulatory requirements including under the FOIA in response to a request where such disclosure is considered to be in the public interest. Please also note that the receipt by the Council of any material marked ‘confidential’ or equivalent should not be taken to mean that they accept any duty of confidence by virtue of that marking.