Version 3, July 2023.

1. About this guide

1.1 The purpose of this guide is to provide prospective commissioners with all the required information to call-off from the Framework for Digital Flexible Pools for the deployment of sessional clinical capacity in primary care. This document will provide information on the Framework; including which digital suppliers have been awarded a place on the Framework and will help commissioners understand the requirements of the call-off, helping them follow best practice when procuring a digital solution to support this deployment.

1.2 For any further information not referenced in this guide related to call-off or ongoing contract management please contact digitalsupplier.framework@nhs.net

2. Framework for digital flexible pools for the deployment of sessional clinical capacity in primary care

2.1 To support the delivery of the Primary care flexible staff pools NHS England has developed the ‘Framework for digital flexible pools for the deployment of sessional clinical capacity in primary care’. This Framework of approved digital suppliers offers further support to local systems in deploying their workforce. The use of digital solutions can improve the visibility of capacity and demand through the posting of shifts by practices/primary care networks (PCNs) and is intended to provide local systems and PCNs with a more easily available solution to deploy as they seek to match sessional capacity to need.

2.2 Call-off by a commissioner or by commissioners working together at system level, will streamline the deployment of the primary care workforce, creating flexibility which meets the needs of local areas. Practices will be able to post sessions available in their practice, with sessional or flexible clinicians able to easily indicate their availability and select shifts that suit them via each digital solution.

2.3 The initial focus for digital flexible pools is on the deployment of sessional and flexible working GPs, however commissioners and local systems may consider using these products to support the deployment of other primary care roles such as clinical pharmacists, practice nurses and roles covered by the PCN additional roles reimbursement scheme.

2.4 Digital flexible pools should also significantly reduce administrative requirements for both sessional clinicians and practices, and support implementation of pooled arrangements. Local systems, working closely with their practices, will be responsible for selecting the digital supplier they wish to call off the framework.

2.5 Expected benefits of using digital suppliers include:

• Increased integrated care board (ICB) confidence in the management of increased primary care demand
• Improved service to manage demand in the system
• Improved health and wellbeing of staff and increasing resilience of general practice
• Increased public confidence and enhanced health and wellbeing of patients resulting from sustainability of services and improved access

3. Digital suppliers

3.1 Eight digital suppliers have attained a place on the framework. This includes:

• ID Medical
• Lantum Ltd (Lantum)
• My Locum Manager (trading as MLM Flex)
• NHS Midlands and Lancashire CSU (Find me a Locum)
• One Wirral CIC (StaffBox Rota)
• Pairoo Ltd (Pairoo)
• Patchwork (trading as Patchwork Health)
• Practeus Ltd (trading as National Association of Sessional GPs) also known as LocumDeck

3.2 Digital suppliers have been assessed by NHS England nationally, based on national criteria. Commissioners will need to factor this range of national quality scores and to assess digital suppliers against the local call-off criteria referenced in the section of this document on Call-off level evaluation. This set of national scores is available on request by emailing digitalsupplier.framework@nhs.net 

3.3 All digital suppliers have provided a statement on their digital solution, which has been checked and approved by NHS England, these can be found in Annex 1.

4. Call-off level evaluation (direct award)

4.1 Digital suppliers have been assessed by NHS England nationally, based on national criteria. Commissioners will need to assess digital suppliers against these criteria and a set of local call-off criteria, referenced in the document on ‘Call-off evaluation criteria’.

4.2 The highest scoring digital supplier will be determined through 14 questions. There are three questions which commissioners will need to assess at a local level:

• Question 1: Understanding the specific needs of the local commissioner.
• Question 2: Seamless provision of services.
• Question 3: Payment to use digital solution in the local area (scenario based).

4.3 There are a further 11 questions which have been assessed at a national level. Commissioners are not able to change the overall scores which digital suppliers have been awarded unless undertaking their own mini procurement but are able to flex the weighting of each question by +/- 2.5%, so long as the total weighting of all 14 questions, both local and national, sums to exactly 100%.  See Annex 2.

4.4 Commissioners will need the following documents to complete call-off, which are available on request by emailing digitalsupplier.framework@nhs.net:

• Call-off evaluation criteria (Call-off Tool): This document provides the evaluation criteria for call-off. Commissioners should use this document for direct award to determine the digital supplier which has scored highest in their local area. This is provided as an interactive tool that allows Commissioners to flex the national weightings as appropriate and arrive at a local set of scores (and rankings) for each of the digital suppliers.
• Service specification: This document is the specification which digital suppliers bid against to be awarded a place on the framework.
• Call-off terms and conditions: Digital suppliers have all accepted these terms as part of gaining a place on the Framework so Commissioners should refuse any suggested amendments by digital suppliers.
• Statement of requirements: The commissioner completes this document so that the digital suppliers can provide a response based on the commissioner requirements.
• Order form: This becomes the contract, once signed by the commissioner and digital supplier.

5. How to Buy: a step-by-step guide

5.1 Determine which procedure is most appropriate

• A Commissioner has two options when calling-off from the Framework, they may choose to invite responses to all questions or just those not already responded. These two approaches are further detailed below:
  1. Local call-off; Using the scores already allocated to the digital supplier at Framework level and reviewing local responses only. Supported by the call-off tool and simplified call-off approach.
  2. Mini-Competition Procurement; Inviting responses from the digital suppliers for all questions including framework level and local.
• Irrespective of the approach the commissioner takes to call-off from the framework, the following points will need to be considered.

5.2 Understand your requirements

• Make sure to have the advice of your local clinicians and practices who will use the service, buying specialists and technical experts in order to understand ‘must-haves’, ‘wants’ and critical success factors.
• Consider the budget available (including from the flexible pools funding).
• Consider the technical and procurement requirements of the project.
• Consider the criteria on which your choice will be based (based on the Framework criteria).

5.3 Request and review all of the relevant documentation

• In order to accurately assess whether to make use of the Framework, read the Primary care flexible staff pools guidance document and all relevant documentation attached to this document
• For further information or clarifying of any points or processes please contact digitalsupplier.framework@nhs.net.

5.4 Keep an audit trail

• If you award a contract through this framework, it is important to be able to show that the approach and decisions were fair and transparent.
• An audit trail provides a record of the approach used when buying services on the Framework. This audit trail will need to be documented throughout.
• Keep a record of communications with suppliers, including any early market engagement, clarification questions, emails and face to face conversations.

5.5 Contract length

• Call-offs made subsequent to the establishment of this Framework may be contracted for any term that suits local need, so long as it does not extend beyond the life of the framework itself by more than 12 months.
• The framework agreement commenced on 1 November 2022 until 31 October 2024. Commissioners can therefore contract a digital supplier until 31 October 2025.

5.6 Report the outcome

• When awarding any contract under this framework, a commissioner must inform NHS England of the outcome. This information is collected for contract management purposes and to help them improve the framework for commissioners and digital suppliers. More detail on the reporting requirements for commissioners is found in Annex 2.
• A copy of the order form should be sent to digitalsupplier.framework@nhs.net within two weeks of signature.

5.7 Act transparently and equitably

• A commissioner is responsible for determining how to run the procurement process. If deemed necessary, you should seek commercial or legal advice before you start
• Commissioners must comply with the principles in the Public Contracts Regulations 2015:
  • ensure no digital supplier is given a competitive advantage
  • treat all digital suppliers equally
  • be transparent about what the needs and the process being followed
  • ensure any requests for information you make are proportionate to your needs
  • share any relevant information from early market engagement in requirements.
• Commissioners must not:
  • discriminate against any digital supplier, for example, by writing requirements in a way that unfairly excludes a particular digital supplier
  • share information about requirements with one digital supplier without sharing with all other digital suppliers on the Framework, for example, tell one provider your budget if you are not going to make other digital suppliers aware of your budge
  • share a digital supplier’s confidential information.

5.8 For Commissioners using Local Call-Off

5.8.1 Summary

• Commissioners can use the call-off tool for a simplified approach to their procurement. 11 of the 14 questions have already been scored as part of the national procurement. Commissioners can score 2 local questions, the third question is the price, which is calculated automatically based on local commissioner requirements using the call-off tool.
• Local call-off will take approximately four weeks. A timeline is available in Annex 3.

5.8.2 Complete a statement of requirements

• The commissioner must complete a statement of requirements form and submit this to digitalsupplier.framework@nhs.net
• SCW CSU on behalf of NHS England will then share the statement of requirements with each of the suppliers on the framework, inviting them to respond to questions 4 and 5 of the framework questions (see Annex 2)
• The suppliers have 10 working days to respond and these are shared back with the commissioner in accordance with the timeline.

5.8.3 Amend or refine the Call-off terms and conditions

• Only minor changes are permitted to the call-off terms and conditions. If significant changes are required, then a mini competition is required.

5.8.4 Review and amend the Call-Off tool

• The commissioner is able to reduce or increase the weighting of individual questions but only to the extent permitted within the call-off tool.
• Once the suppliers responses have been received, the commissioner will score these as indicated within the tool.
• The price of the flexible pool depends on contract length, contract type and number of GP Practices. The call-off tool will calculate this automatically based on commissioner requirements.
• The call off tool will calculate the nationally predetermined scores, along with the local scores to provide one overall score for each supplier.
• Instructions for use are contained within the call-off tool. This is available to commissioners on request from digitalsupplier.framework@nhs.net

5.8.5 Contract award

• Award the contract to the highest scoring digital supplier.
• If the digital supplier who ranked highest is unable to fulfil the order, then the commissioner can award to the next highest and so on.
• There is no obligation to award a contract, a commissioner is entitled to decline to make an award.
• The commissioner places an order with the digital supplier by serving an order form.
  • The supplier should sign and return this to commissioner.
  • If the supplier seeks to modify or impose conditions, the commissioner may consider and reissue the order form or treat it as a suppliers inability to fulfil the order.
  • Once the supplier has signed, the formation of a contract is made once the commissioner then counter signs the order form.

5.8.6 Notification

• Notify NHS England by sending a copy of the order form to digitalsupplier.framework@nhs.net

5.9 For Commissioners using mini competition

5.9.1 Summary

• Mini Competition is available as an alternative to using the call-off tool. Enabling commissioners to invite responses to each of the 14 questions outlined in Annex 2.

5.9.2 Develop a statement of requirements

• Using the Framework and core requirements defined within the Framework Specification, you may wish to add, remove or amend specific individual requirements to reflect local need. Note that local amendments should be limited in nature and cannot alter the overall nature of the flexible pool.

 5.9.3 Amend or refine the Call-off terms and conditions

• Using the provided Call-off Terms as a basis, you may wish to add, remove or amend specific individual terms, conditions or schedules to meet your local needs.  Note that local amendments should be limited in nature and cannot alter the overall nature of the contract that has been signed-up to by the digital supplier already.

5.9.4 Review and amend the Call-Off Evaluation Criteria

• Following consideration of your specific local requirements and having taken into account clear, objective and locally relevant considerations, a commissioner is able to reduce or increase the weighting of individual Call-Off evaluation criteria but only to the extent permitted in the provided evaluation tool and provided always that the total of all criteria used is 100%.

5.9.5 Invite tenders

• A Commissioner must:
  • invite all Framework digital suppliers to submit a tender in writing for each proposed Contract to be awarded by giving written notice by email or through an e-tendering portal to the relevant representative of each Framework digital supplier,
  • set a time limit (no less than 10 calendar days) for the receipt of the tenders which considers factors such as the complexity of the subject matter of the proposed Contract and the time needed to submit tenders; and
  • keep each tender confidential until the time limit set out for the return of tenders has expired,
  • apply the Call-Off evaluation criteria to the Framework digital suppliers’ compliant tenders submitted through the Mini-Competition Procedure as the basis of the decision to award a Contract,
  • award the Contract to the successful Framework digital supplier.

5.9.6 Contract award

• Award the contract to the highest scoring digital supplier
• If the framework digital supplier who ranked highest is unable to fulfil the order, then the commissioner can award to the next highest and so on.
• There is no obligation to award a contract, a commissioner is entitled to decline to make an award.
• The commissioner places an order with the digital supplier by serving an order form.
  • The supplier should sign and return this prior to commissioner sign off.
  • If the supplier seeks to modify or impose conditions, the commissioner may consider and reissue the order form or treat it as a suppliers inability to fulfil the order.
  • Once the supplier has signed, the formation of a contract is made once the commissioner then counter signs the order form.

5.9.7 Feedback to digital suppliers

As a formal procurement, there is a requirement to appropriately feedback to unsuccessful digital supplier after a Mini Competition procedure.

5.9.8 Notification

• Notify NHS England by sending a copy of the order form to digitalsupplier.framework@nhs.net

6. Frequently asked questions

6.1 Background

6.1.1 What is this framework?

• The Framework contains a list of eight digital suppliers with a digital solution that can facilitate the deployment of sessional clinical capacity in primary care.
• It is an optional enabler to the Primary Care Staff Flexible Pools Initiative, which will offer further support to local systems in deploying their workforce. The use of digital solutions can improve the visibility of capacity and demand through the posting of shifts by practices/PCNs and is intended to provide local systems, ICBs and PCNs with a more easily available solution to deploy as they seek to match sessional capacity to need.

6.1.2 Who is this framework for?

• This Framework is intended to support Commissioners in implementing flexible pools.
• All local areas should have full coverage of the flexible pools and this framework is a key enabler in supporting this goal.
• Local areas are encouraged to read the Framework guidance alongside the scheme guidance document.

6.1.3 Is there any funding local areas can access for this framework?

• The use of this Framework is optional.
• In 2022/23 each system had access to £120k, to support the implementation and uptake of flexible pools. ICBs may consider using this funding for calling off digital solutions on this Framework.
• Please refer to the Primary Care Flexible Staff Pools Guidance in 2022/2023 and the Primary care system development funding in 2022/23 for further information.
• Funding intentions for 2023/24 have been outlined to ICBs, although formal confirmation will be published in due course in the 2023/24 Primary Care system development funding guidance.

6.1.4 How has NHS England undertaken the process of developing the Framework?

• NHS England have undertaken a national procurement process to establish the Framework. Digital suppliers were invited to bid for a position through an open competitive process. A service specification was developed, which all digital suppliers were scored against and the highest scoring eight suppliers have been included in this Framework.

6.1.5 Why has NHS England developed the framework?

• This framework is intended to provide a list of suppliers with a digital solution, which local areas can have confidence in accessing to support the deployment of sessional clinical capacity in primary care.
• NHS England have conducted a robust procurement process to ensure the suppliers on the Framework and their solution are of high quality.

6.2 Call-off process

6.2.1 What are the responsibilities of local areas, including Integrated Care Boards (ICBs)?

• ICBs will want to engage with primary care networks and practices other individuals who will use the digital solutions prior to call-off from the Framework. It is recommended that local areas seek commercial or legal advice before they start to call off the framework. Local areas will need to decide whether to direct award or conduct a mini competition. Further information can be found in the how to buy guide in this document.

6.2.3 Can Commissioners use this Framework for some but not all of the practices within the local area?

• Yes, local areas will need to consider their requirements, including the number of practices/primary care networks they intend the digital solution to cover as part of the call-off process.
• It is recognised that an ICB may hold multiple contracts on based on local geography/place.
• Copies of the specification and contracts are available by request by contacting digitalsupplier.framework@nhs.net

6.2.4 How do Commissioners understand the commercial terms and conditions the digital supplier has?

• The specification, attached in this document, is that which the digital suppliers agreed to when being awarded their place on the Framework. Digital suppliers are not able to change the terms and conditions which either a practice or sessional clinician has signed up to without approval from NHS England.
• The call off contracts have been approved by NHS England legal team for use in relation to this framework.

6.2.5 Can Commissioners call off the framework for some not all of the framework period, is this possible?

• Call-offs made subsequent to the establishment of this framework may be contracted for any term that suits a commissioners need, so long as it does not extend beyond the life of the Framework itself by more than 12 months.

6.2.5 How will I access reporting information from the digital supplier?

• Digital suppliers on the framework agreed to provide reporting information outlined in the service specification on a monthly basis as a minimum. The process of receiving this data from digital suppliers will be locally defined.

6.2.6 What happens when the framework expires?

• Call-offs made subsequent to the establishment of this Framework may be contracted for any term that suits a system’s local need, so long as it does not extend beyond the life of the Framework itself by more than 12 months.
• The Framework agreement commenced on 1 November 2022 until 31 October 2024. Commissioners can therefore contract a digital supplier until 31 October 2025.

6.2.7 What are the timescales for a digital supplier to be set up and implemented across a local area?

• The timescales for a digital solution to be implemented across a local area will depend on several factors including the size of the footprint and the digital supplier/product selected. Local areas will need to agree with the digital supplier an appropriate timescale as part of the call-off process.

6.2.8 The local area already has a contract with a digital supplier, can we still utilise this framework?

• Yes, this will be left to local determination. Commissioners are advised to check the terms of their current contract and discuss this with their digital supplier if they would like to explore this option.

6.2.9 How long does it take to call-off via the framework?

• It will take approximately four weeks to call-off via the framework.

6.3 Support

6.3 Where can Commissioners access support, both during call-off and for the duration of the Framework?

• Commissioners are encouraged to seek commercial or legal advice when calling off this framework. Local areas are responsible for agreeing and managing the contract they have with a digital supplier called off this framework. They are encouraged to seek commercial and/or legal advice if they encounter issues once they have called off this framework.
• After taking commercial and/or legal advice if you still have a query or have an issue which is cause for further concern, NHS England have a team who manage escalations in contract management available by emailing digitalsupplier.framework@nhs.net

7. Annex 1: Digital supplier statement

8. Annex 2: Framework questions/Call off award criteria

Commissioners must return this Annex to NHS England when calling-off the framework. All information should be sent to digitalsupplier.framework@nhs.net within 2 weeks of call-off.

• Download a copy of the reporting form.

9. Annex 3: Timeline

Week 1:

• Commissioner to complete statement of requirements form and submit to digitalsupplier.framework@nhs.net
• National team will submit to all suppliers within 3 working days.
• Suppliers will be given 10 working days to respond to national team.

Week 2-3:

• Suppliers respond to digitalsupplier.framework@nhs.net by deadline date.
• National team will collate responses and share with Commissioner within 3 working days of the deadline date.

Week 4:

• Commissioners to review the responses and score Q4 and Q5 as directed in the call off tool.

Week 5:

• Progress to contract award.