Details of the Framework agreement for National Diabetes Prevention Programme

Dear Tom Fellows,

Thank you for your communication dated 19 August 2019.

NHS England has assessed your communication as a request under the Freedom
of Information (FOI) Act 2000. As such, please be assured that your
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Yours sincerely,

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

NHS England

PO Box 16738

REDDITCH

B97 9PT

Tel: 0300 311 22 33

Email: [3][NHS England request email]

‘Health and High quality care for all, now and for future generations’

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Dear Tom Fellows,

Re:     Freedom of Information request (Our Ref: FOI-060027)

Thank you for your Freedom of Information (FOI) request dated 19 August
2019

Your exact request was:-

“I would be most grateful if you would provide me, under the Freedom of
Information Act, details in respect to the contract below.

NHS Diabetes Prevention Programme - Re-procurement

The details we require are:

o Suppliers who applied for inclusion on each framework/contract and
were successful & not successful at the PQQ & ITT stages*
o Contract values of each framework/contract (& any sub lots), year to
date
o Start date & duration of framework
o Is there an extension clause in the framework(s)/contract(s) and, if
so, the duration of the extension?
o Has a decision been made yet on whether the framework(s)/contract(s)
are being either extended or renewed?
o Who is the senior officer (outside of procurement) responsible for
this contract?”

NHS England holds recorded information in relation to this request.

Suppliers who applied for inclusion on each framework/contract and were
successful & not successful at the PQQ & ITT stages

In August 2018 an Invitation to Tender was issued to select a maximum of
five suppliers able to deliver NHS Diabetes Prevention Programme (NHS DPP)
services anywhere in England. The successful bidders were Reed Momenta,
ICS, LWTC (Health Exchange), Ingeus and WW.

We consider that certain information is exempt under Section 43(2) of the
FOI Act.

Information is exempt under section 43(2) if its release would or would be
likely to prejudice the commercial interests of any person, including the
public authority holding the information.

Section 43 is a ‘qualified exemption’. This means that NHS England is
required to demonstrate the prejudice (damage or harm) which would or
would be likely to occur if the information were to be released, and to
consider whether the public interest is in favour of releasing the
information regardless.

The release of this information would be likely to prejudice the
commercial interests of the bidding suppliers, as a result of releasing
the unsuccessful bidders to the public at large.

We have also considered whether the public interest is, on balance, in
favour of releasing the information regardless of the prejudice set out
above. Our balancing exercise is set out below.

NHS England is committed to providing information in an open and
transparent manner. There is an inherent public interest in being able to
request and receive information under the terms of the Freedom of
Information Act. We recognise that there is a public interest in;
informing the public of the activities carried out on their behalf,
allowing for more user involvement and collaborative decision making,
enabling the public to better scrutinise the public monies spent, ensuring
clarity around fairness, equity, value for money and quality of care,
ensuring transparency of services and ensure best value for money was
sought in all tendering/procurement services

However, we also consider that there are public interest factors in favour
of withholding the information. If information is in the public domain
that their bids were unsuccessful it is likely to prejudice the commercial
interests of those suppliers and harm their ability to tender in future
procurements or win business in the public and private sector.

In this case, the public interest is therefore in favour of
withholding the requested information.

A recent round of mini competitions to award the first cohort of contracts
under the Framework Agreement re-procured 20 of England’s NHS DPP contract
areas. The appointed providers are shown in the table below. Again, we are
unable to provide details of which of the Framework Providers were
unsuccessful in their bids for those contracts.

STP Contract Area Appointed NHS DPP Provider
Greater Manchester ICS Health & Wellbeing
Lancashire & South Cumbria Ingeus
South Yorkshire & Bassetlaw Reed Momenta
West Yorkshire Reed Momenta
West, North & East Cumbria WW
Birmingham and Solihull WW
BLMK ICS Health & Wellbeing
Hertfordshire & West Essex ICS Health & Wellbeing
The Black Country Ingeus
North Central London ICS Health & Wellbeing
BaNES ICS Health & Wellbeing
BNSSG WW
Bucks, Ox and Berkshire West ICS Health & Wellbeing
Gloucestershire ICS Health & Wellbeing
Hampshire & IoW Ingeus
Cornwall & IoS WW
Frimley Health WW
Kent & Medway ICS Health & Wellbeing
Surrey Heartlands ICS Health & Wellbeing
Sussex and East Surrey ICS Health & Wellbeing

Contract values of each framework/contract (& any sub lots), year to date

The value of the Framework agreement is £105m over three years.

The values of the call off contracts under the Framework Agreement are
exempt under the section 43(2) of the Freedom of Information Act 2000.
This is because there will be further competitions under the Framework
Agreement and if the contract values are in the public domain, then those
suppliers can assess the pricing of the other bidders on the Framework
Agreement. This will prejudice the commercial interests of the suppliers
on the current Framework Agreement and harm their ability to successfully
bid for future contracts in further competitions under the Framework
Agreement.

Start date & duration of framework • Is there an extension clause in the
framework(s)/contract(s) and, if so, the duration of the extension?

The NHS DPP Framework Agreement runs for 3 years, from January 2019.
STP-level contracts called off from this Framework are also 3 years in
duration. NHS England holds the option to extend the Framework Agreement
for one year.

Has a decision been made yet on whether the framework(s)/contract(s) are
being either extended or renewed?

No decision has been made.

Who is the senior officer (outside of procurement) responsible for this
contract?

Matthew Fagg, Programme Director – Diabetes, NHS England.

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To communicate with NHS England regarding Freedom of Information (FOI)
requests, enquiries or complaints we ask these are sent directly to NHS
England’s customer contact centre. This is to ensure all communications
are progressed correctly. Their postal address, telephone number and email
details are as follows:- PO Box 16738, Redditch, B97 9PT; 0300 3 11 22 33,
[5][NHS England request email].

Yours sincerely,

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

NHS England

PO Box 16738

REDDITCH

B97 9PT

Tel: 0300 311 22 33

Email: [6][NHS England request email]

‘Health and high quality care for all, now and for future generations’

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