Wheelchairs & Orthotics & Prosthetics service in Leicester, Leicestershire and Rutland

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Dear Emily, 

NHS England has assessed your communication as a request under the Freedom
of Information (FOI) Act 2000. Your request is being dealt with under the
terms of the FOI Act and will be answered within twenty working days. Your
reference number is FOI-2302-1926563.

For further information regarding the FOI Act, please refer to the website
of the [1]Information Commissioner’s Office (ICO). For further information
regarding NHS England, and the information we publish, please visit [2]our
website.

If you have any queries about this request or wish to contact us again,
please email [3][Midlands and Lancashire Commissioning Support Unit request email] and the message will be
forwarded appropriately. Please remember to quote the above reference
number in any future communications.

Yours sincerely,

Freedom of Information

NHS England
PO Box 16738
REDDITCH
B97 9PT

Tel: 0300 311 22 33
Email: [4][Midlands and Lancashire Commissioning Support Unit request email] 

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Freedom of Information request (Our ref: FOI-2302-1920429)

Dear Emily,

We refer to your email of 17 February 2023 in which you requested
information under the FOI Act from NHS England.

Your request
 
You made the following request:

“I would be most grateful if you would provide me, under the Freedom of
Information Act, details in respect to the contract below.
OPPORTUNITY NOTICE Wheelchairs & Orthotics & Prosthetics service in
Leicester, Leicestershire and Rutland:
[1]https://www.contractsfinder.service.gov....
The details we require are:
• What are the contractual performance KPI's for this contract?
• Suppliers who applied for inclusion on each framework/contract and were
successful & not successful at the PQQ & ITT stages
• Actual spend on this contract/framework (and any sub lots), from the
start of the contract to the current date
• Start date & duration of framework/contract?
• Could you please provide a copy of the service/product specification
given to all bidders for when this contract was last advertised?
• Is there an extension clause in the framework(s)/contract(s) and, if so,
the duration of the extension?
• Has a decision been made yet on whether the framework(s)/contract(s) are
being either extended or renewed?
• Who is the senior officer (outside of procurement) responsible for this
contract?”

Our response 

NHS England holds information in regard to your request. We will answer
each question in turn.

• What are the contractual performance KPI's for this contract?
Please see the tender document attached - Annex 7b - Local Quality and
Information Requirements

• Suppliers who applied for inclusion on each framework/contract and were
successful & not successful at the PQQ & ITT stages
There was no PQQ stage, this was an open procurement therefore there was
only an ITT stage.
22 suppliers registered their interest on the tender, but only 2 submitted
a bid. Please see the attached list.

• Actual spend on this contract/framework (and any sub lots), from the
start of the contract to the current date
NHS England does not hold this information, this information may be held
by the Leicester, Leicestershire, and Rutland ICB. You can contact them
using the weblink below: 
[2]https://leicesterleicestershireandrutlan...

• Start date & duration of framework/contract?
Contract start date was 1 July 2018.
The duration is five (5) years plus a 24 months extension.

• Could you please provide a copy of the service/product specification
given to all bidders for when this contract was last advertised?
Please see the tender documents attached:
Annex 1a - Wheelchair specification
Annex 1b - Orthotics Specification
Annex 1c - Prosthetics service specification

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

Yes. The Commissioners entered into a contractual arrangement with one
preferred bidder, however, with 2 contracts, as detailed below:

- LLR CCG’s Contract for Wheelchairs and Orthotics elements of the service
- NHS England Contract for Prosthetics element of the service.

The Contract for Wheelchairs and Orthotics was for a term of Five (5)
years from the Service Start Date with the possibility of extending the
term by up to 24 months beyond the initial contracted term at
Commissioners’ request.
The Contract for Prosthetics was for a term of Three (3) years from the
Service Start Date with the possibility of extending the term by up to 24
months beyond the initial contracted term at Commissioners’ request.

• Has a decision been made yet on whether the framework(s)/contract(s) are
being either extended or renewed?
NHS England does not hold this information, this information may be held
by the Leicester, Leicestershire, and Rutland ICB. You can contact them
using the weblink below: 
[3]https://leicesterleicestershireandrutlan...

• Who is the senior officer (outside of procurement) responsible for this
contract?
NHS England holds this information, however we consider this information
to be exempt under section 40(2) of the FOIA. Information is exempt under
section 40(2) where that information constitutes personal data (other than
that of the requester) and one of the conditions set out in section 40(3)
is satisfied. Under the FOI Act disclosure of this information would
contravene data protection principles.

In this instance we are withholding the name of that staff member as they
are graded Band 9 or lower, the release of this information could be used
to identify individuals who have a reasonable expectation of privacy. We
take the view that it would not be fair or lawful to disclose such
information, and any disclosure would therefore contravene the first data
protection principle.
 
Accordingly, the disclosure of this information would not be lawful, and
therefore is exempt under section 40(2) of the FOIA.

If you wish to make any further enquiries you can contact NHS England
using the email address [4][Midlands and Lancashire Commissioning Support Unit request email] and your request will
be passed to the relevant staff member.

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[5]http://www.england.nhs.uk/terms-and-cond...

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A request for an internal review should be submitted in writing to
[6][Midlands and Lancashire Commissioning Support Unit request email]

Yours sincerely,

Freedom of Information Team
NHS England

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