1. Commercial Medicines Unit (CMU)
The OJEU procurement process and the Bravo etendering system Alex Williams Category Specialist – Branded medicines South and West nww.cmu.nhs.uk

2. EU Procurement Procurement The regulations
Identifying and understanding a demand for goods, services, works
Strategy for meeting this requirement via a contract
Evaluation of information received by the purchasing organisation to identify competent suppliers
Ensuring the demand is being fulfilled as expected
The regulations
Legal framework for procurement
All organisations tasked with spending public funds are covered
formalise the approach to and process of procurement, reducing the opportunity for fraudulent activity and improve competition across the EU
Created in 1970, current version is EU directive 2004/18/EC
Written into UK law in 2006
For goods & Services the threshold for enactment is £113,057

3. EU Procurement
A summary of the regulations are available on the Cabinet Office website
Benefits
By following organisations ensure they are being:
Open and transparent – allowing tenderers to understand what you are going to do and how you are going to do it
Be objective and ensure equal treatment of tenderers – allow all tenderers a fair and equal chance of winning the contract
Be consistent – do what you said you were going to do
competition between suppliers of all sizes, by ensuring that opportunities are advertised clearly and openly across the EU
Suppliers are given complete information on the purchasing authority’s requirements, and how that authority is to establish who the preferred bidder is
Auditability

4. EU procurement
A robust procurement process that ensures Fairness, transparency and equality. It affords a level playing field to all.
Pharmaceuticals: any consortia or CMU-hosted projects will deliver benefits to the NHS and suppliers from aggregated demand, and support for once-only principles which lowers administrative costs for all parties.
In practice
Procurement timescales set by the regulations
Dependant on type of procurement process being run, but are based on the priciple of fair time available for suppliers to review and reply
Example of CMU contracting processes for Pharma
Restricted
Open

5. Procurement processes
Restricted procedure – More complex tenders
Used where it is necessary to shortlist interested parties before invitation to tender is issued
Advertising, required where the threshold is reached: OJEU adverts created and published
Available from search companies and the Bravo eTendering system
Advert details
Who the procuring authority is
A description of the type of goods / services
Where the contract is to operate
The estimated funds to be spent
The conditions of responding to the advert, for example any criteria that the interested supplier must comply with, to be considered for the invitation to offer stage
The time limits for responding to the advert
Duration of the contract
And sometimes, the awarding criteria will be provided as well

6. Procurement processes
CPV codes
Identification of products or services being sought
Details of the codes can be found here
– Primary for pharmaceuticals, many sub codes available
All CMU adverts include appropriate codes
Adverts / tender opportunities can be found by searching for the CPV codes
Pre qualification (PQQ)
Registering interest – via Bravo, available for 37 days typically
Eligibility to tender, criteria for responding and participation
E.g. Technical, Competency, Financial
Evaluation of information – shortlisting companies to be invited to tender
SID4Health – central database of standard company information
Reducing the need to supply for each tender

7. Procurement processes
Invitation to tender (ITT)
Under restricted, only supplier passing the stated criteria will be invited
Main area of work for suppliers
40 days availability, complaint offers must be returned in this time
Tender document pack
Specification: what’s needed and how it is to be delivered,
Terms and conditions: how the contract is to operate and function throughout it’s lifetime;
Offer schedule: what the suppliers are being asked to offer for, plus any supporting market information or clarification that will enable the organisation to construct the most beneficial bid.
Award criteria: details exactly how the bid is to be assessed.
Under the EU regs, awarding criteria will fall in to two types: Firstly, lowest price wins. Secondly, the most economically advantageous offer, which is a balance of factors, such as quality, security of supply, price, delivery. The latter is typically the only one used by CMU.

8. Procurement processes
Open procedure
No PQQ stage
Used where no shortlisting of interested companies is needed
Typical for most contracts CMU work on
Immediate access to tender documents and the offer schedule openly available
Decision on it’s use is a balance of sensitivities, risk, benefit and opportunity
Reduction in timescales, no 37 day PQQ process, only 52 day ITT
Timescales can be lengthened if needed or shortened to a degree if certain criteria are met and it does not disadvantage suppliers.
Negotiation following return of offers – not permitted under Open or Restricted procedures
Other procedures – more complex contracting requirements
Negotiated, competitive dialogue

9. The final stage The procurement process, final stages
Awarding a contract
Opening and reviewing offers
Assessment in line with stated award / evaluation criteria to identify the winning supplier or suppliers who meet the requirements
Notification of awards
Successful and unsuccessful suppliers notified of the contracting authorities decision
Successful suppliers informed of the awarded items and detail behind the decisions
Unsuccessful suppliers provided with transparent information on the awarding decision, detailing why the outcomes were reached
Alcatel / Mandatory Standstill Period (MSP)
All awards reserved for 10 days to allow any supplier to challenge if they believe they have been treated unfairly
Following the MSP, if no objections have been raised, the authority is able to confirm all awards and enter into contract with suppliers

10. eProcurement eTendering / eProcurement systems.
Web based, Bravo is used by CMU
Most eTendering systems broadly similar, communication portal
Secure, registered user only access
No barriers to suppliers
Process set up to follow EU directives and timescales
Online storage of tender and offer documents with messaging systems
Fully auditable, on both sides
alerts to prompt for required actions to be performed or to confirm completion of tender stages by suppliers
Contract opportunities (OJEU adverts), list is available on the site’s homepage
PQQ’s and ITT set up within specific project folders
Reduction in paper trail and process time

11. Bravo run through www.cmu.bravosolution.nhs.uk Registration
Finding opportunities
Responding to a PQQ
Accessing an ITT
Messaging functions
Responding to an ITT / submitting a bid
Example

12. To finish
Training
Specific training events possible if demand is there
CMU instructional documentation within ITT document packs
One 2 one assistance and walk throughs
Bravo training documents hosted on Bravo website
Contact – If needed, please let me know and I can put you in touch with:
Specialised pharmaceuticals team, likely to be the most appropriate CMU team for NHS manufacturing unit enquiries
Sourcing specialists, assistance with the tender process and Bravo
Questions