NHS EDUCATION FOR SCOTLAND
INVITATION TO TENDER
FOR
Playing to your strengths
ITT PACK
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This Invitation to Tender (ITT) Pack contains detailed instructions concerning the submission to be
made by parties interested in tendering for this project, and details of the criteria that will be used in
selecting the successful tenderer.
The document consists of four parts:
Part 1: Instruction to Tenderers & Tender Form
Part 2: Tender Specification
Part 3: Evaluation Criteria
Part 4: Format for Tender Response
Tenders should be submitted in accordance with the instructions detailed within this document.
NES will not consider any other form of tender bid. Any received tenders which do not contain all
of the requested information or are not received in time in line with the terms of this ITT may be
rejected at NES’s discretion.
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PART 1:
INSTRUCTIONS TO
TENDERERS
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1.
NHS EDUCATION FOR SCOTLAND (NES) OVERVIEW
NHS Education for Scotland (NES) are a Special Health Board, responsible for supporting
NHS services to the people of Scotland through the development and delivery of education
and training for all NHSScotland staff.
Everything we do is based on eight fundamental principles:
• be open, listen and learn;
• work together with others to benefit patients;
• look ahead and be creative;
• always aim for quality and excellence;
• promote equality and value diversity;
• understand and respond quickly and confidently;
• work to a clear common cause; and
• give people power and lead by example
Our vision is “Quality Education for a Healthier Scotland”. Our mission is to provide
educational solutions that support excellence in healthcare for the people of Scotland.
Headquartered in Edinburgh, NES are a national organisation with regional offices in
Edinburgh, Glasgow, Aberdeen, Dundee and Inverness. We have a staff complement of
around 700. Additional information on NES’s role is available from our website:
www.nes.scot.nhs.uk
2.
SUBMISSION INSTRUCTIONS
This Invitation to Tender (ITT) contains details of NES’s background, objectives, detailed
instructions concerning the submission to be made by parties interested in tendering, and
details of the criteria that will be used in selecting the successful tenderer. This ITT is
accompanied by a detailed specification for the tender and by core information which must be
included in the Tender Response.
2.1
•
•
•
•
•
•
Completion of Tender Documents
It is the responsibility of Tenderers to ensure that they have read and understood all the
documentation included in the package.
Tenderers are responsible for ensuring that they have completed the tender fully and
accurately and that prices quoted are arithmetically correct for the units stated. Any
corrections/amendments made by the tenderer should be initialed by them.
Amendments to the tender will not be permitted after submission, unless requested by
NES.
All costs, including travel and associated costs, incurred howsoever in relation to this
tender are to be borne by the Tenderer. No reimbursement will be made by NES.
Tenders must be submitted on the basis called for in the tender document. Additional
alternative offers may be considered and should be submitted separately clearly stating
which item(s) in the schedule they are offered against or in addition to.
Full details or specification of any items of equipment included in the tender should be
provided together with any appropriate brochures/product literature.
Facsimile copies will not be accepted. An electronic version may be submitted as back
up for the paper copies and should be sent to [email protected]. Both
electronic and paper versions must be received by the deadline below; the paper copy
will be used in the evaluation process.
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•
•
A Lead Officer should be identified for the Tender and the details of which specified in
the submission.
All correspondence must be in English.
2.2
Tender Form
Tenderers are required to return a copy of the “tender form” – stating their intention to
submit a response. NES reserve the right not to accept responses from Tenderers who
have not submitted a signed tender form as part of their tender response.
2.3
Process For Questions/Clarifications
This ITT process should be viewed as a confidential activity. As such, we ask that you
treat NES’s data and this ITT with full confidentiality. All questions regarding this
material should be directed to: Nick Frew ([email protected])
Please reference ‘Playing to your strengths’ in all correspondence.
Please do not provide any proprietary information in your questions.
In the interests of fairness, all questions and answers will be shared with all Tenderers.
NES will post a list of questions and answers in response to any queries received on
our website at www.nes.scot.nhs.uk/tenders. In order to facilitate this process, please
submit questions by 11th October 2012. Responses will be posted on 12th October
2012.
Any contact made directly with any other employee of NES regarding this ITT is a
violation of the terms of the ITT response criteria and may be cause for disqualification.
2.4
Proposal Deadline
In order to allow appropriate time for analysis, selection, implementation, and
communication of the selected Tenderers, your cooperation is requested in meeting all
of the specified deadlines. It is our intention to respond to all reasonable requests for
additional information and to reasonably cooperate with Tenderers in the development
of their proposal.
Therefore, it is imperative to submit your proposals by 13:00 on 26th October 2012.
NES may reject any tender which is late and does not fully comply with the stipulated
requirements unless the tenderer can prove that the tender was dispatched in sufficient
time to meet the specified deadline.
2.5
Timetable
NES intends to follow the schedule below in performing the evaluation and vendor
selection process. The timetable below identifies the indicative dates; however, please
note that these are subject to change at NES’s discretion:
Activity
Indicative Timescales
Invitation to Tender issued:
27th September 2012
Questions to be submitted by:
11th October 2012
Return of tender form by:
11th October 2012
Question responses from NES by:
12th October 2012
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Tenders returned to NES by:
13:00, 26th October 2012 (
Tender evaluation by NES Panel:
Week beginning 29th October 2012
Clarification Period:
Week beginning 5th November 2012
Notification of Award:
26th November 2012
NES will notify Tenderers as soon as possible at each stage as to whether or not they
have been successful or not. Post tender clarification meetings may be required as per
the above timetable.
2.6
Proposal Layout
Please refer to Part 4 of this document for details on the required layout for responses.
It is important that you follow the same numbering scheme set out in this ITT. In
addition, please ensure each page of your proposal is numbered in sequence and
includes your company name and logo.
2.7
Collusion
Tenderers must not submit an offer in collusion with any other person, company or
body, which may have the effect of distorting or increasing the cost of the goods or
service provided under the contract. If in the opinion of NES a tender is submitted on
that basis, the tender may be rejected.
2.8
Marketing
All marketing or similar activities by the Tenderer associated with the Tender must
cease upon submission of the Tender and only resume following notification from NES
of the outcome of the tender competition. Please do not contact any NES member of
staff directly involved with this tender for marketing purposes during the tender process.
2.9
Confidentiality and Freedom of Information
All material provided by NES in relation to this tender must be regarded as confidential
and may only be used for the purposes of preparing and submitting a response to this
tender. Any unauthorised use by any Tenderer of the information contained in this ITT
may lead to disqualification of that Tenderer.
During the procurement process, the contents of responses to this tender will be kept
confidential by NES and will not be shared or discussed beyond the selection panel
members. However, Tenderers must note that NES shall apply the principles of the
Freedom of Information (Scotland) Act 2002 (“the Act”) to all information provided by
Tenderers pursuant to this procurement process. Information provided by Tenderers
may be disclosed by NES in response to a request under the Act.
Any information
Tenderers consider should be kept confidential as a trade secret, or as its disclosure
would substantially prejudice their commercial interests, should be clearly identified as
such in their Tender
2.10 Inducements
NES has a strong belief in propriety and ethics. A Tenderer attempting to offer an
inducement to any member of staff is likely to be excluded from the tendering process.
2.11 Offer
The offer must be open for acceptance for a period of 90 days, from the date for last
receipt of tenders.
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2.12 Prices
Prices and rates quoted within the Tender should be on a fixed basis for the contract
period and must be exclusive of Value Added Tax (VAT). Prices should remain fixed
for ninety days from the tender close date.
2.13 Delivery of Responses
3 copies of the submission and supporting information must be submitted, together with
a covering letter signed by an authorized representative of the Tenderer to the address
listed below:
Caroline Lamb
Director of Finance & Performance Management
NHS Education for Scotland
2nd floor, Hanover Buildings
66 Rose Street
EDINBURGH
EH2 2NN
in a sealed envelope which should not bear any name or mark indicating the sender, to
arrive not later than 13:00 on 26th October 2012. The envelope should be clearly
marked with the words “TENDER SUBMISSION: Playing to your strengths”
Tenderers are advised to submit tenders by registered mail, recorded delivery or by
hand. Regardless of method chosen, delivery shall be entirely at the tenderers’ risk.
In accordance with these tender Terms and Conditions, NES does not undertake to
consider any tenders received after this time, unless the tenderer can demonstrate
reasonable mitigating circumstances.
3.
WITHDRAWAL OF TENDERS
3.1 Tenders may be withdrawn by the submitting organisation at any time before the award
of Contract, providing such intention is expressed in writing to the relevant Officer within
NES.
3.2
NES reserves the right to:
(a) withdraw from and/or abandon and/or defer this tender process at any time; and/or
(b) not to award any contract as a result of this tender process.
NES shall not be liable for any costs incurred howsoever in the event that the tender
process is abandoned altogether before the tender process if complete.
4.
TENDER OPENING
Hard copy tenders will be securely stored and remain unopened until the closing date
specified within this document. In the event of NES amending the closing date, Tenderers will
be duly notified. Emailed tenders will be stored in a restricted access, secure mailbox and
remain unopened until the closing date specified within this document.
Tenders will be opened at the above address, in the presence of authorised officers, as soon
as possible after the tender closing date.
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5.
ACCEPTANCE
NES does not undertake to accept the lowest or any offer. Each item in the schedule will be
treated separately except as indicated and NES may decide to share awards for any item
between several suppliers.
6.
AGREEMENT IMPLEMENTATION
The successful Tenderer will be required to enter into a formal contract with NES, under
NES’s Terms & Conditions (Appendix 1). The final contract will be subject to Scottish law.
Neither submission of a tender nor any communication between NES and a Tenderer shall
constitute a contract or an offer which may be accepted nor a representation that any contract
will be awarded.
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7.
DISCLAIMER
The information in this ITT is provided for information only. No representation, warranty or
undertaking, express or implied, is or will be made and NES shall have no responsibility or
liability as to or in relation to the accuracy or completeness of this ITT or any other written or
oral information made available to any party responding to this ITT. No information contained
in this ITT will form the basis of any warranty or representation made by or on behalf of NES
to any Tenderer.
Further details on NES’s commissioning procedures can be obtained from our Suppliers Guide
“Doing Business with NES” at: http://www.nes.scot.nhs.uk/tenders/guide/default.asp
As of December 2009, most NES contract opportunities above £25,000 are advertised on Public
Contracts Scotland (www.publiccontractsscotland.gov.uk). We therefore recommend that you
register on this site, if you have not already done so.
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TENDER FORM
We confirm that we have received a copy of the NES Invitation to Tender in respect of Delivering
the Future.
and WILL / WILL NOT * be submitting a tender.
(*please delete as appropriate)
Name:
Position:
Company:
Address:
Email:
Tel:
Signed:
Date:
Please also provide a main point of contact for any communications during the tender process, if
not the above noted person:
Please return this tender form to: Nick Frew ([email protected])
No later than 11th October 2012
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PART 2:
TENDER
SPECIFICATION
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Playing to your strengths: A brief development
intervention for executive level leaders
Programme Specification
for the provision of services in relation to:o Core Delivery Elements
o Programme Development & Evaluation
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NHSScotland National Leadership Unit (NLU)
Playing to your strengths
Programme Introduction and background
14
1
The programme
15
1.1 Aim of the programme
15
1.2 Programme interventions
16
2
Programme Specification
17
3
Person specification
17
4
Elements of the specification:
18
5
SECTION 1: CORE DELIVERY
19
5.1 Element 1.1: Pre workshop coaching conversation.
19
5.2 Element 1.2: Development Workshop
20
5.3 Element 1.3: Post workshop coaching conversation.
21
6
22
SECTION 2: PROGRAMME DEVELOPMENT AND EVALUATION
Appendix 1: NES standard contractual terms and conditions
Appendix 2: standards for inclusion in the NLU Executive Coaching Register
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Programme Introduction and background
Playing to your strengths is a brief development programme for NHS executive level leaders.
Four experimental Playing to your strengths programmes were delivered between November
2011 and September 2012. Modifications (small tests of change) were made after each
programme to continuously improve the programme in response to participant feedback.
The focus of Playing to your strengths is on helping people to leverage their strengths as leaders,
to become more resilient in pursuit of the country’s vision for health (i.e. everyone is able to live
longer healthier lives at home, or in a homely setting). This approach assumes that where people
play to their strengths they are energised and can channel energy into improving their resilience
as leaders.
The initial programmes are still under evaluation. Initial results are promising. Outcomes include:
 Participants were engaged and motivated because they
 could work on current issues they needed to address.
 gained a heightened awareness of how to enhance their leadership presence and
model this with others
 gained a fresh understanding of what leadership needs to be like in the future and
steps identified to enhance participant’s leadership presence
 The personalisation and focus on strengths was welcoming, liberating and motivating
 Very positive ratings of all elements of the programme by participants.
 A very high programme completion rate
 Very positive ratings for the coaching component of the programme.
Playing to your strengths encourages a mix of challenge and support, with elements chosen by
the Programme Manager based on extensive knowledge of the literature, extensive experience in
designing and delivering leadership programmes, and an in-depth diagnosis.
We are looking to recruit four exceptional executive coaches to work, as a team, with Sharon
Millar, Leadership Consultant, National Leadership Unit to deliver three Playing to your strengths
programmes during 2012/2013. This ITT will set out the following:
 The programme aims, underpinning principles and design
 Programme specification including person specifications, details of each element of the
specification and consultant days required
 Submission, evaluation and selection process
 Further information
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1 The programme
NHSScotland faces unprecedented challenges: enhancing quality and productivity in a very
different resource environment. Many leadership development approaches aim to help people
identify strengths and weaknesses, then often focus on helping individuals to address their
“weaknesses”. However, Playing to your strengths comes from a different orientation. It starts
from the premise that the “world has changed”
Increasing complexity and uncertainty of the service cannot necessarily be addressed through a
single one-size-fits-all leadership model. There is no single solution. The programme focuses on
helping people to leverage their strengths to help develop them as leaders, to become more
resilient in pursuit of the country’s vision for health (i.e. everyone is able to live longer healthier
lives at home, or in a homely setting).
This approach assumes that where people play to their strengths they are energised and can
channel that energy into improving their resilience as leaders.
1.1
Aim of the programme
The aim of the programme is to provide executive level leaders with a powerful person centred
development that will sustain and enhance their leadership in a period of unprecedented challenge.
The outcome of the programme is to create personal development plan that will support
participants to:
 Understand the national context for health (political, policy, economic) and the supporting
strategies and processes.
 Exhibit leadership behaviours consistent with the NHS Leadership Framework behaviours
and create an enabling culture for managing complex change.
 Provide strong leadership across professional and organisational boundaries focussed on
service excellence, driving quality improvement through integrated health and social care.
 Think creatively and work collaboratively to overcome obstacles to the change process.
The programme is delivered over one month with up to 32 participants from across the NHS
Board areas in Scotland.
Underpinning principles
There are a number of principles that underpin Playing to your strengths:

Playing to your strengths should be seen in the wider context of Delivering Quality through
Leadership. As such it forms part of a broader approach to building leadership capacity
and capability across NHSScotland.

NHS Boards have performance management and talent management strategies and
processes for executive directors and senior managers. The tailored personal development
plan created at the end of Playing to your strengths will align with these arrangements.

Broad national criteria will enable flexibility and equality in how executive level leaders
access Playing to your strengths.

Executive directors and senior managers in Special Boards may have particular
development needs linked to the role of their organisations and their context will be
accommodated in the Playing to your strengths design.
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
1.2
While the programme goes some way to developing executive level leaders, the
programme needs to be complemented with a range of experiences to address the
learning needs revealed through participation in Playing to your strengths.
Programme interventions
The programme has been designed based on the original scoping and diagnostic phase of the
project and has been updated based on evaluation over the last six months. The interventions
were selected based on best practice in leadership development and the body of work relating to
positive psychology and strengths based approaches documented in the literature as well as
extensive experience of running national programmes.
The interventions aim to provide a blended learning approach combining coaching, appreciative
inquiry and experiential learning approaches grounded in the participants’ day-to-day context. The
interventions include:
 A selection process working in partnership with local NHSS Boards’ talent management
arrangements.
 Participation in a one–to-one pre workshop coaching conversation
 Participation in a one-day development workshop
 Participation in one-to-one post-workshop coaching conversation
 360 degree feedback process (post workshop)
 A resource pack to support the participants’ reflective processes and learning throughout
the programme.
 The formulation of a challenging personal development plan which is supported by the local
OD plan and national leadership developments, setting out the areas that the participant
intends to focus on developing.
 Membership of a learning community of executive level leaders from across NHS Scotland.
Indicative Programme Timetable
Date
October 2012?
December
January 2013?
29th January
February
PTYS 5
Recruitment
PTYS 6
Recruitment
Pre workshop
coaching conversation
PTYS workshop
Post workshop
coaching conversation
20th February
March
Pre workshop
coaching conversation
PTYS workshop
Post workshop
coaching conversation
April
Recruitment
Pre workshop
coaching conversation
PTYS workshop
Post workshop
coaching conversation
22nd April
May
June
July
August
September
October
PTYS 7
6 months follow up
6 month follow up
6 month follow up
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The interventions which relate to this specification and ITT document will be described in more
detail in the next section.
2 Programme Specification
We are looking to recruit four experienced executive coaches from the national executive
coaching register who will work as a team with the Programme Manager to continue to deliver this
high quality programme. This invitation tender covers PTYS 5 to 7. We reserve the right to
extend the contract to programme 8 and 9 dependent on successful performance of the contract
and on continued funding for the programme.
This section of the paper will set out the person specifications followed by a detailed description
of each element of the specification and the required consultant days. Please note that the
elements of the specification are grouped into two sections:
1. core delivery (consisting of 3 elements), and
2. programme development and evaluation.
 Your bid must cover both sections. We will not accept bids for individual sections or
elements.
 It is not necessary for the coaches to be part of the same organisation, as long as they can
demonstrate that they will effectively ensure continuity and quality of delivery. We would
actively encourage individuals / sole traders to bid as consortia or in partnership. Please
note that consortium members will be jointly and severally liable.
 Bids from consortia or individuals in partnership must contain contingency plans and risk
management plans to effectively ensure continuity and quality of delivery, for example in
case of illness or if one of the partners resigns.
 Bids from consortia or individuals in partnership must clearly state who is
accountable for sections of the work, and who is accountable to NHSScotland on
behalf of the consortium or partnership.
 Note that all four coaches must contribute to the Programme Development and Evaluation
work, so each coach must be able to demonstrate they have the skills, knowledge and
experience as specified in the Person Specification.
Section 1: Core Delivery
Development Workshop
3 x 1 = 3 x 4 coaches = 12 days total
Pre workshop coaching conversation
3 x 4 = 12 x 4 coaches = 48 days total
Post workshop coaching conversation
3 x 4 = 12 x 4 coaches = 48 days total
Section 2: Programme development and
evaluation
Programme preparation
3 x ½ = 1 ½ x 4 = 6 days total
Evaluation/consolidation meeting
4 x ½ = 2 days total
Total contract worth
116 days total (29 days per coach)
3 Person specification
Due to the nature of the programme and the group of participants, coaches who are bidding must
be able to demonstrate the following:
 They meet the standards for inclusion in the NLU Executive Coaching Register (Appendix
2)
 Experience of working with and coaching senior clinical leaders, non clinical directors and a
demonstrable understanding of working within all levels in the Scottish Health Service.
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 Understanding of the issues facing the Scottish Health Service and in relation to territorial
and special health board’s context.
 Skilled in working with a range of issues including personal awareness and style, specific
job-related issues, career development, relationship development, performance
management.
 Understanding of the current and emerging policy context and leadership framework within
which this leadership development is taking place.
 A combination of personal awareness, willingness to support and to challenge with
authenticity, is required.
 Capacity to work effectively with a range of sensitive and highly confidential situations,
offering insight and compassion.
 Excellence in all areas of relationship building and a demonstrable high level of
professional competence and self-awareness as, at root, coaching depends on the abilities
of the coach to forge excellent relationships with the participants.
 The ways in which their coaching reflects best practice in Equality and Diversity
 A flexible approach.
 Willingness to engage in ongoing evaluation of their coaching process, and to learn from
and utilise the feedback received.
 A record of Continuing Professional Development, including engaging in regular
supervision.
 Up-to-date, valid Professional Indemnity Insurance.
 An in-depth and up to date knowledge of psychological constructs relating to the body of
work around positive psychology, resilience and strengths based approaches.
 Ability to design, implement, analyse and present results to timetable and in a way that
enables programme stakeholders to understand the impact of the programme.
4 Elements of the specification:
The specification is divided into two sections as follows:
SECTION 1: CORE DELIVERY, which comprises
Element 1.1 Pre workshop coaching conversation
Element 1.2 Development workshop
Element 1.3 Post workshop coaching conversation
SECTION 2: PROGRAMME DEVELOPMENT AND EVALUATION
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5 SECTION 1: CORE DELIVERY
5.1
Element 1.1: Pre workshop coaching conversation.
Playing to your strengths is a brief intervention involving two confidential coaching conversations
either side of a one day workshop. Playing to your strengths invites a new conversation about
leadership which focuses on strengths and abundance, not deficit. In this manner the programme
supports the conditions for assets based health care.
As previously highlighted the programme commences with a pre workshop coaching conversation.
Each participant will receive a 2-hour coaching session before the programme, usually organised
as 1x 2hr session at the participant’s base or convenient location near the participants work.
Usually the coaching will be face-to-face. However, we recognise there may be diverse
geographical locations and therefore acknowledge that occasionally coaching may take place by
telephone or other appropriate agreed media. It is assumed that where possible, three coaching
sessions will be organised in one day, however, taking geography and travel into account 4 days
per coach have been built into the work plan.
At this point the participants will receive a ‘Route to Resilience’ work book, which they will add to
as they progress through the programme to form a portfolio of learning.
Purpose of the pre workshop coaching conversation:
 Explain the underlying philosophy of strengths based coaching adopted for the programme.
 Establish coach/facilitator relationship prior to commencing the workshop and assurances
about confidentiality.
 Start the process of reflection by helping participants think through the aspects which shape
their effectiveness at work and your personal resilience.
 To enable the participants to come to the workshop with some material they might be able
to use/share.
 Introduces the Route to Resilience workbook and the primary and secondary drivers that
lead to modelling behaviours set out in the NHS Leadership Framework.
 Reinforce from the earliest stages of participation that this programme is person centred
focusing on their leadership and developments to enhance their leadership performance.
 Demonstrates the opportunities presented by the programme to have dialogue with senior
executive ‘peers’ across NHS Scotland
 Highlights the opportunity to have a frank and open discussion with the Director General,
Health and Social Care and CE NHS Scotland about leadership and strategic priorities, in a
manner they may not normally be able to facilitate on their own or through their Board.
 Centres the programme on the current policy issues driving health policy in Scotland.
 Creates the development ‘backdrop’ for the programme: providing a mechanism for
increased personal insight – participants understanding themselves better
 Shares the expectation, commitment and expected output from the programme.
 Increases and standardises understanding of the component parts of the programme
 Clarify the purpose and process for 360 feedback and the actions participants need to take
to set up their 360 so their report will be ready for the post workshop coaching
conversation.
Purpose of the Route to Resilience work book:
 Reinforces the concept of adult learning, the philosophy and ‘brand’ of Playing to your
strengths Programme.
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 Provide the Route to resilience workbook for collecting and storing reflections from different
components of the programme in a way that is accessible after the programme.
 Structures and encourages reflective learning techniques.
 Provides relevant programme information.
Consultant days required for the pre workshop coaching conversations to prepare
participants for the development workshop
Activity
Pre workshop
coaching
conversation
Outputs
Participants start to capture
what shapes their
effectiveness
Have material they can
use/share at the workshop
Set up their 360
32 participants each receive
2hrs of coaching (1 x 2hr
session)
5.2
Days
64hrs or 32 sessions of
coaching (aiming for 3
sessions 1/3rd days plus
contingency x 4
coaches =
Total
48
days
4 days x 4 coaches = 16
x 3 programmes = 48
days total
Element 1.2: Development Workshop
The purpose of the workshop is to build a greater awareness of the changing NHS leadership
landscape and what this means for participants to lead in this context.
There will be around 32 people attending, but most time will be spent in smaller groups of around
eight from a range of Health Boards. Participants may know/not know the people in the smaller
groups. The coaches will contract at the start to create a safe space to learn together.
A key element of the workshop is a fairly intimate conversation with Derek Feeley, Director
General, Health and Social Care and Chief Executive of NHS Scotland. Mr Feeley will discuss his
views on how leadership needs to be to deliver the 20:20 vision for health care in Scotland. He will
normally share his personal story about one or two seminal points in his leadership journey, how
they shape his notion of leadership and how he maintains his resilience in the face of uncertainty.
In this respect, he mirrors the process which the participants are being asked to do at the
workshop.
Participants are invited to pose questions and reflections to engage Mr Feeley in conversation
about leadership to achieve the countries vision for health.
At one point in the workshop participants will be invited to share some of their key experiences with
one another in the smaller groups (following on from the pre workshop coaching conversation).
Participants, in their small groups, will focus a significant part of the day on establishing their ‘route
to resilience’ which maintains the focus on strengths and appreciative inquiry into how they will
display their strengths as leaders in they way they conduct their business.
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Consultant days required to deliver the development workshop component of the
programme
Activity
Facilitating group
discussions
5.3
Outputs
32 participants
participate in 4 small
groups of 8, each
working with 1 coach
Days
1 day x 4
coaches = 4 x 3
workshops = 12
days total
Total
12 days
Element 1.3: Post workshop coaching conversation.
As previously highlighted the third component of the programme is the post workshop coaching
conversation. The second coaching conversation will normally take place within 2 weeks after the
development workshop. Each participant will receive a 2 hour coaching session after the
programme, usually organised as 1x 2hr session at the participant’s base or convenient location
near the participants work. Usually the coaching will be face-to-face. However, we recognise there
may be diverse geographical locations and therefore acknowledge that occasionally coaching may
take place by telephone or other appropriate agreed media. Taking geography and travel into
account 4 days per coach have been built into the work plan.
The purpose of the post workshop coaching conversation is to:
 Focus on making use of the personal and collective reflections about leadership shaped
during the pre coaching conversation and the group discussions at the workshop.
 Capture on the Route to resilience the person’s strengths and how they might leverage
them at work to improve performance. For example, modifications to role, complementary
partnering within teams or how they might get a better balance and reduce any negative
impact from over or underplaying strengths.
 Provide 360° feedback on the NHS Leadership Framework. The 360 feedback is another
data source to enable participants to determine which of the Leadership Framework
behaviours those working with them notice participants exhibiting at work, and which of the
behaviours they may need to effectively manage to enhance their ratings. This enables
participants to articulate their strengths in terms of NHS leadership qualities which will be
useful for their annual review discussions.
 Shape a narrative around their strengths and personal development needs that could lead
to unlocking higher individual and organisational performance.
 Prepare a personal development plan that will enable participants to play to your strengths.
This may include looking at the complementary competencies that will extend individual
and team impact.
The PDP is a central component of your annual performance review process and will focus
attention on the developments that will support the delivery of personal and organisational
goals.
Consultant days required for the post workshop coaching conversations to make
use of the personal and collective reflections about leadership and shape a personal
development plan that will enable participants to play to your strengths
Activity
Post workshop
Outputs
Participants receive 360
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Days
64hrs or 32 sessions of
Total
Page 21 of 41
coaching
conversation
feedback and report
Prepare a PDP and capture
strengths in their Route to
Resilience
32 participants each receive
2hrs of coaching (1 x 2hr
session)
coaching (aiming for 3
sessions 1/3rd days plus
contingency x 4
coaches =
48
days
4 days x 4 coaches = 16
x 3 programmes = 48
days total
SECTION 1: CORE DELIVERY
6 SECTION 2: PROGRAMME DEVELOPMENT AND EVALUATION
This requirement is for a range of support activity for Playing to your strengths. Specifically this
will cover responsibility for programme development and evaluation.
The programme development and preparation activity will include: Working with the Programme Manager and fellow coaches to identify and respond to the
Scottish Government policy development in health and incorporate the changes in context
into the programme design.
 Scanning the leadership development and positive psychology and other fields in order to
ensure that the programme continues to reflect emerging good practice.
 Ensure that the key messages emerging from the programme evaluation are fed into the
programme design and delivery.
 Participating in facilitator’s team meeting prior to the development workshop to plan and
rehearse the workshop programme and provide general observations gleamed from the pre
workshop coaching discussions.
The evaluation element will include: Gather initial direct feedback at the workshop about the value of the workshop.
 Check out with participants during the post workshop coaching conversation that they have
worked through matters that have arisen during coaching or ensure the participants have
support they can draw on to work through matters which have been surfaced during
Playing to your strengths.
 Ensure the participants are left with a clear action plan following the post coaching
conversation.
 Analyse, summarise and provide the Programme Manager with themes and trends
gathered from participants during individual coaching and group work on the leadership
challenges of the executive cohort.
 Contribute to discussions with coaches and the Programme Manager on the trends and
leadership challenges being captured to identify what this means for leadership
development and National Leadership Units activity.
 Review evaluation data gathered by the National Leadership Unit at the end of each
programme and across the series of programmes to make any necessary adjustments and
changes to programme design, structure and content.
 Working with the Programme Manager to ensure that evaluation measures gather data in
respect of the stated anticipated outcomes for the programme and evaluation reports
present finding in a clear and succinct manner.
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Consultant days required to prepare and evaluate the programme
Activity
Programme
development
Outputs
Participate in a ½ day design
meeting per programme x 4
coaches x 3 programmes
Programme
evaluation
Participate in wash up discussion
at the end of each workshop.
Participate in an evaluation
meeting following three PTYS
programmes
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Days
Total
½x3=1½ x4
= 6 days total
6 days
½ x 4 = 2 days
2 days
total
Page 23 of 41
Appendix 1: NES standard contractual terms and conditions
THIS AGREEMENT IS
between
NHS EDUCATION FOR SCOTLAND, established as a Special Health Board by the NHS Education for
Scotland Order 2002, Scottish Statutory Instrument 2002, No 103, and having a place of business at 2 nd and
3rd Floors, Hanover Buildings, 66 Rose Street, Edinburgh, EH2 2NN (“NES”)
and
[●]
1.
1.1
(“the Consultant”), registered at [ address ] or company registration number [ ● ]
INTERPRETATION
In these conditions, the following words and expressions have the meanings hereby ascribed to
them, unless the context otherwise admits or requires:
“Agreement”
“Appointment”
“Commencement Date”
“Confidential Information”
“Consultant’s Personnel”
“Contract Price”
“Default”
“Intellectual Property”
“Legal Requirements”
“Schedule”
“Services”
“Specification”
“Working Day”
means this Agreement concluded between NES and the Consultant, including
all documents incorporated or referred to therein;
means the engagement of the Consultant referred to in Clause 3;
means [insert date];
means any and all commercial, financial, technical or other information of a
confidential or proprietary nature such as trade secrets, formulae, processes,
ideas and inventions, specifications, designs, financial or business information,
customer details, market research and pricing strategies relating to or used in
the business of either party and any knowledge which may be imparted or
developed through examination, collation, analysis or working of such
information whether or not such information is recorded in any form or medium
and whether or not such information is labelled as confidential and/or belongs
to the party in question or any third person;
means the person or persons named by the Consultant to work on the
Services as specified in the Schedule and/or any other person designated by
the Consultant to work on the Services;
means the price in Pounds Sterling, exclusive of Value Added Tax, payable to
the Consultant by NES for the full and proper performance, by the Consultant,
of its duties and obligations under the Agreement;
means any material failure by either party to perform its obligations under the
Agreement;
means any and all intellectual property of whatever nature anywhere in the
world and all rights pertaining thereto whether recorded or registered in any
manner or otherwise including without prejudice to the foregoing generality
patents, trade marks, registered designs and applications for any of the same,
copyright, database rights (howsoever called), design rights, trade secrets,
know how and all other legal rights protecting intangible proprietary
information;
means any legislation and/or common law insofar as applicable to the Services
or any part thereof, including without limitation:
i. any subordinate legislation including, without prejudice to the foregoing
generality, equal opportunities legislation and the Human Rights Act 1998; and
ii. any legislative act of the European Union or the Commission of the
European Community which without further enactment has legal effect within
the United Kingdom;
means the schedule in [] parts annexed hereto;
means the services that the Consultant is required to supply under the
Agreement as described in the Specification;
means the specification detailed in the Schedule part 1;
means Monday to Friday inclusive every week excluding days observed by
NES as public holidays.
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1.2
1.3
In this Agreement words importing the singular include the plural and vice versa and words importing
gender include both genders.
The headings of clauses are for ease of reference and shall not affect the construction of this
Agreement.
1.4
Any reference herein to any Act of Parliament shall be deemed to include any amendment,
replacement or re-enactment thereof for the time being in force and to include any bye-laws,
licenses, statutory instruments, rules, regulations, orders, notices, directions, consents or
permissions made thereunder and any condition attaching thereto.
2.
2.1
COMMENCEMENT AND DURATION
The Agreement shall commence on the Commencement Date, and shall endure for [ ● ] years
from that date or until terminated in accordance with Clause 2.2 or Clause 12, whichever is
the earlier (“the Contract Period”).
2.2
NES shall be entitled to terminate the Agreement following the expiry of the first six months
of the term of the Agreement upon giving one month’s written notice to that effect to the
Consultant in the event that the Consultant has failed to supply the Services to NES’s
satisfaction during the preceding six months.
3.
APPOINTMENT
NES hereby appoints the Consultant on a consultancy basis to provide the Services and the
Consultant hereby accepts such appointment on the terms and conditions of this Agreement.
4.
VARIATION OF AGREEMENT
The Services shall be supplied solely in accordance with these conditions. All other
contractual terms which in any way add to, vary, or contradict, these conditions, upon which
the Consultant may seek to rely, or otherwise impose on NES, shall be excluded and shall not
form part of the Agreement (whether or not such other contractual terms post-date this
Agreement), unless NES has specifically agreed in writing to be bound by any of the same.
5.
PERFORMANCE
The Consultant shall:
5.1.1
perform the Services with all reasonable care and skill in a timely and efficient manner and
in accordance with all relevant professional standards;
5.1.2
comply with all reasonable and lawful directions given to it by NES and all applicable Legal
Requirements;
5.1.3
at all times give to NES such explanations, information and assistance as may be required by
NES relative to the Services. The Consultant agrees that it shall perform all of the Services and none
of the Services shall be sub-contracted or performed by any other party.
carry out the Services to the satisfaction of NES in accordance with the Specification.
5.2
6.
6.1
STAFF
The Consultant must employ sufficient staff to ensure that the Services are provided at all
times, and in all respects, in accordance with the Specification. The Consultant must ensure
that a sufficient reserve of staff is available to meet the Specification, during holidays or
absences.
6.2
The Consultant must employ, for the purposes of the Agreement only such persons as are
careful, skilled and experienced in the duties required of them, and must ensure that every
such person is properly and sufficiently trained and instructed and carries out the Services
with regard to:6.2.1
the task that person has to perform;
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6.2.2
all relevant provisions of the Agreement;
6.2.3
the requirements of the Health and Safety at Work etc Act 1974, and other relevant
legislation and codes of practice.
7.
CONSULTANT’S UNDERTAKINGS
The Consultant warrants, represents and undertakes to NES that:
7.1.1
the Consultant is not and shall not be prohibited from providing the Services to NES in
accordance with the terms of this Agreement;
7.1.2
the Consultant shall perform the Services with proper care and skill in accordance with all
relevant professional standards and shall comply with all reasonable and lawful directions given to it
by NES;
7.1.3
it has power to enter into the Contract.
8.
8.1
CONFIDENTIALITY
The Consultant warrants and undertakes that:
8.1.1
it and its personnel and subcontractors shall only use Confidential Information for the
purpose of performing the Services;
8.1.2
it and its personnel and subcontractors shall not reveal any Confidential Information to a
third party without the prior written consent of NES; and
8.1.3
it and its personnel and subcontractors shall take all necessary precautions to ensure that all
Confidential Information is treated as confidential and not revealed (save as aforesaid) or used other
than for the purpose of the performance of the Services.
8.2
The provisions of Clause 8.1 shall not apply to any information which:
8.2.1
is or becomes public knowledge other than by breach of this Clause 8;
8.2.2
is in the possession of the receiving party without restriction in relation to disclosure before
the date of receipt from the disclosing party;
8.2.3
is received from a third party who lawfully acquired it and who is under no obligation
restricting its disclosure; or
8.2.4
is independently developed without access to the Confidential Information.
8.2.5
is required to be disclosed by law, regulation or order of any regulatory authority, including,
without limitation, the Freedom of Information (Scotland) Act 2002.
9.
9.1
INTELLECTUAL PROPERTY
For the purposes of this Clause 9, “Intellectual Property” shall mean any and all intellectual
property of whatever nature anywhere in the world and all rights pertaining thereto whether
recorded or registered in any manner or otherwise including without prejudice to the
foregoing generality patents, trade marks, registered designs and applications for any of the
same, copyright, database rights (however so called), design rights, trade secrets, know how
and all other legal rights protecting intangible proprietary information.
9.2
Nothing in this Agreement shall give the Consultant any rights in or to the Intellectual
Property of NES and the Consultant hereby acknowledges that it shall not acquire any rights
in respect thereof.
9.3
The Consultant hereby assigns to NES and, insofar as it is not competent for the Consultant
currently to assign, hereby undertakes and agrees to assign to NES any and all Intellectual
Property that may be developed by the Consultant during the Appointment.
9.4
The Consultant shall execute and perform, at the expense of NES, both during the
continuance of the Appointment and at all times thereafter all such applications,
assignations, documents and acts as may be required by NES for the purpose of obtaining
and enforcing in such countries as NES may direct patent and/or other legal protection in
respect of any and all Intellectual Property assigned and/or to be the assigned hereunder and
for vesting the same in NES.
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9.5
The Consultant shall promptly notify NES of any actual, threatened or suspected
infringement of any of NES’s Intellectual Property which comes to the Consultant’s notice
and of any claim by any third party that NES’s Intellectual Property infringes any rights of any
other person and the Consultant shall, at the request and expense of NES, do all things as
may be reasonably required to assist NES in taking or resisting proceedings in relation to any
such infringement or claim.
9.6
The Consultant shall, at the expense of NES, take all such steps as NES may reasonably
require to assist NES in maintaining the validity and enforceability of NES’s Intellectual
Property during the continuance of this Agreement.
9.7
The Consultant shall not do or authorise any third party to do any act which would or might
invalidate or be inconsistent with NES’s Intellectual Property and shall not omit or authorise
any third party to omit to do any act which, by its omission, would have that effect or
character.
9.8
To avoid any doubt, nothing in this Clause 9 is intended to prevent the Consultant from using
or further developing knowledge, experience, expertise and skills of general application
gained through performing the Services.
10.
DATA PROTECTION
The Consultant and NES agree to ensure that they will at all times comply with the provisions and
obligations imposed by the Data Protection Act 1998 and the Data Protection Principles set out in
that Act in storing and processing personal data, and all personal data acquired by either party from
the other will be returned to the disclosing party on request. Both parties agree to indemnify each
other in respect of any unauthorised disclosure of personal data.
11.
11.1
ACCESS TO PREMISES
NES shall be entitled to refuse to admit to any of its premises any of the Consultant’s
Personnel whose admission would be, in the opinion of NES, undesirable.
11.2
NES shall be entitled to refuse to admit to any of its premises any of the Consultant’s
Personnel who have not been identified in advance.
11.3
The exercise by NES of its rights under Clauses 11.1 and 11.2 shall not affect either the
substance or the timing of the Consultant’s obligations under the Agreement.
12.
12.1
TERMINATION
In the event of Default by either party ("Defaulting Party") the other ("Non Defaulting Party")
may at any time serve notice upon the Defaulting Party specifying the Default(s) ("the
Notice") and affording twenty eight days within which to remedy the Default(s) failing which
the Non-Defaulting Party may terminate the Contract forthwith by notice to that effect.
12.2
In the event of NES serving notice in terms of this Clause 12 upon the Consultant, NES shall
be entitled to withhold payment of the Contract Price or any part thereof which shall be due
and payable as at the date of service of such notice until the Default specified in the said
notice is remedied.
12.3
NES shall be entitled to terminate the Agreement with immediate effect upon the occurrence
of any of the following events:
12.3.1 a liquidator, receiver, administrator or similar officer is appointed to any of the assets of the
Consultant;
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12.3.2 the Consultant shall convene or hold a meeting at which a resolution is proposed for the
winding up of the Consultant (other than for the purpose of an amalgamation or reconstruction) or if a
court shall make an Order to that effect;
12.3.3 a proposal under Part 1 of the Insolvency Act 1986 is made in respect of the affairs of the
Consultant;
12.3.4 the Consultant shall become unable to pay its debts within the meaning of Section 123 of the
Insolvency Act 1986;
12.3.5 the Consultant shall cease to carry on business.
12.4
If the Consultant is unable to carry out its obligations under the Agreement for, including, but
not limited to, reasons of illness, accident or capability in relation to any of the Consultant’s
Personnel, and such incapacity continues for more than thirty (30) days, NES shall be entitled
to terminate this Contract with immediate effect by written notice to the Consultant given at
any time which such incapacity continues.
13.
13.1
CONSEQUENCES OF TERMINATION
Upon the expiry or termination of the Contract, the Consultant shall immediately deliver to
NES all documents and other items belonging to NES and in the possession of the
Consultant.
13.2
The exercise by NES of its rights under Clause 13.1 shall be without prejudice to any other
rights which NES may have, whether under the Agreement or otherwise.
14.
14.1
DEFAULT
If the Consultant fails to perform any part of the Services in accordance with the provisions
of this Agreement, NES shall be entitled to require the Consultant to re-perform that part of
the Services at no extra charge.
14.2
The exercise by NES of its rights under Clause 14.1 shall be without prejudice to its rights
under Clause 12.
15.
15.1
LIAISON AND PROVISION OF INFORMATION AT TERMINATION
In anticipation of termination of the Agreement (either within 12 months of natural expiry or
earlier termination in accordance with its terms) NES may require the Consultant to deliver up
to NES any data relevant to provision of the Services on an appropriate media and, in such
circumstances, the Consultant shall:
15.1.1 supply to NES within 30 days free of charge all relevant data on an appropriate media in an
industry standard format;
15.1.2 co-operate in all reasonable respects with NES or its employees in arranging for the orderly
transfer of the relevant data on appropriate media in an industry standard format to such other party as
may be identified by NES and in such manner as may be necessary to ensure that any interruption in
the Services available to NES and its employees is minimised.
15.2
On termination for any reason or expiry of the Agreement, the Consultant will cease to use
for any purpose and will return or deliver to NES within twenty four hours of termination all
relevant data and related documentation in a form capable of being read by NES.
15.3
The Consultant will be obliged to satisfy NES that it has erased all its copies of relevant data
used in connection with the provision of the Services.
16.
16.1
AUDIT ACCESS
NES has a duty to account for the disbursement of public funds. The Consultant shall keep
proper records in respect of the Contract Price due to it under the Agreement. The
Consultant shall allow inspection of such records at all reasonable times by NES or its duly
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authorised representatives for the sole purpose of verifying the Consultant’s fulfilment of its
obligations under the Agreement and amounts due to the Consultant therefore.
16.2
The Consultant shall take all reasonable steps to place similar obligations on its SubContractors in all Sub-Contracts entered into in relation to the Contract to ensure access by
NES, where appropriate, to relevant information of such Sub-Contractors.
17.
17.1
FORCE MAJEURE
For the purpose of the Agreement, the expression “Force Majeure” shall mean any cause
affecting the performance by a party of its obligations arising from Acts, events or omissions
beyond its reasonable control including, but not limited to, governmental regulations, fire,
flood, or any disaster or an industrial dispute affecting a third party for which a substitute
third party is not reasonably available. In the case of the Consultant, such cause will only be
considered Force Majeure if it is not attributable to the wilful act, neglect or failure to take
reasonable precautions of the Consultant.
17.2
Neither party shall be liable to the other for any loss including but not limited to, any
damages or abatement of Contract Price payable hereunder attributable to any failure or
delay in the performance of its obligations under the Agreement which is due to Force
Majeure.
17.3
If either party becomes aware of circumstances of Force Majeure which may give rise to a
failure or delay on its part to perform its obligations under the Contract, it shall as soon as
practicably possible, notify the other.
18.
SPECIFIC PERFORMANCE
The parties acknowledge and agree that in the event of a Default by the Consultant in performance
of its obligations under the Contract, the loss or damage incurred by NES by reason of such Default
will be such that damages may not be an adequate remedy. Accordingly, NES shall have the right to
specific performance of the Consultant’s obligations under the Contract. Such remedy shall be in
addition to and not in lieu or limitation of other remedies provided to NES hereunder or otherwise at
law or in equity.
19.
19.1
PRICE AND PAYMENT
An invoice for the Contract Price shall be rendered on the Consultant's own invoice form to
NES at monthly intervals as per schedule 5 in arrears.
19.2
Invoices shall show the period, and the scope of the Services, for which Payment is claimed,
together with the agreed charging rates, and any other details NES may determine as being
part of the Specification.
19.3
NES shall pay the Contract Price to the Consultant, by "BACS" (Bank Account Clearing
System), if NES so chooses within thirty (30) days of receipt of the Consultant's invoice.
19.4
Whenever under the Agreement any sum of money shall be recoverable from, or payable by,
the Consultant, the same may be deducted from any sum then due or which, at any time
thereafter, may become due to the Consultant under the Agreement.
19.5
Where the Consultant enters into a sub-contract for the purposes of performing the Contract,
the Consultant shall cause a term to be included in such sub-contract:
19.5.1 which requires payment to be made to the sub-contractor within a specified period
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not exceeding 30 days from receipt of a valid invoice as defined by the sub-contract
requirements and provides that, for the purposes of payment alone, where NES has made
payment to the Contractor and the sub-contractor’s invoice includes Services in relation to
which payment has been made by NES then, to the extent that it relates to such Services, the
invoice shall be treated as valid and payment shall be made to the sub-contractor without
deduction.
19.5.2 which notifies the sub-contractor that the contract forms part of a larger contract for
the benefit of NES and that should the sub-contractor have any difficulty in securing the
timely payment of an invoice that matter may be referred by the sub-contractor to [insert
contact name and address] and
19.5.3 in the same terms as that set out in this clause 19.5 (including for the avoidance of
doubt this clause 19.5.3) subject only to modification to refer to the correct designation of the
equivalent party as the Contractor and sub-contractor as the case may be.
20.
20.1
DISPUTE RESOLUTION
In the event of any dispute or difference arising between the parties in respect of the
provision of the Services, or in connection with the interpretation of any provision of the
Agreement, the parties shall use all reasonable endeavours to resolve the dispute or
difference without resort to court action.
20.2
If the parties are unable to resolve the dispute or difference, the dispute or difference shall be
referred in the first instance to NES’s and the Consultant’s Authorised Representative. The
parties shall meet to consider the possible avenues for resolution of the dispute or
difference. In the event of such meeting being unable to produce a resolution of the dispute
or difference either party may refer the matter by notice served on the other ("the Dispute
Notice") to the decision of an expert ("the Expert") who shall act as an expert and not as an
arbiter.
20.3
The Expert shall be appointed by agreement between NES and the Consultant or (if within ten
(10) working days after service of the Dispute Notice NES and the Consultant have been
unable to agree) then on the application of either NES or the Consultant by the President for
the time being of the Law Society of Scotland or his duly appointed deputy or another person
authorised by him to make appointments on his behalf.
21.
21.1
LIABILITY AND INDEMNITY
Without prejudice to its liability for breach of any of its obligations under the Agreement, the
Consultant shall be liable for, and shall indemnify NES against, any liability, loss, costs,
expenses, claims or proceedings whatsoever, in respect of:21.1.1 any loss of, or damage to, property (whether real or personal);
21.1.2 any injury to any person, including injury resulting in death,
which arise as a direct consequence of the provision of the Services by the Consultant, its employees or
agents, except in so far as such loss, damage, or injury shall have been caused by negligence on the part of
NES, its employees or agents.
21.2
The performance by the Consultant of the Services does not make the Consultant or any of
its staff the partner, agent or employee of NES.
22.
22.1
INSURANCE
The Consultant shall insure its liability under this Agreement for a sum not less than [ £ x ] in
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any insurance year, or such other sum as may be agreed between the Consultant and NES.
22.2
The Consultant shall, if requested, provide evidence to NES of the payment of premiums
payable in connection with such insurance.
23.
EQUALITY AND DIVERSITY
In accordance with the Equality Act 2010, NES has a statutory duty (the ‘Equality Duty’) when
carrying out its functions to have due regard to the need to eliminate discrimination, harassment and
other conduct prohibited by the Act, promote equality of opportunity between those who share a
protected characteristic and those who do not, and to promote good relations between people who
share a particular protected characteristic and those who do not. This duty applies in respect of the
following protected characteristics: age, disability, gender reassignment, marriage and civil
partnership status, pregnancy and maternity, race, religion or belief, sex and sexual orientation. NES
requires that any services carried out on its behalf are carried out in such as way as to comply with
NES’s Equality Duty.
The Consultant agrees to comply with the Equality Act 2010 for all work undertaken through this
Agreement and the Consultant shall secure that all servants, employees, suppliers, sub-contractors
or agents of the Consultant employed in the execution of the Agreement shall comply with the
Equality Act 2010. For the avoidance of doubt, the Consultant shall not discriminate directly or
indirectly, or by way of discrimination arising from disability, victimisation or harassment, against any
person on grounds of age, disability, gender reassignment, marriage and civil partnership status,
pregnancy and maternity, race, religion or belief, sex and sexual orientation, contrary to the Equality
Act 2010.
23.1
23.2
The Consultant shall notify NES forthwith in writing as soon as it becomes aware of any investigation
or of proceedings brought against the Consultant under the Equality Act 2010.
23.3
Where any investigation is undertaken by a person or body empowered to conduct such
investigation, and/or proceedings are instituted in connection with any matter in relation to this
Agreement being in contravention of the Equality Act 2010, the Consultant shall free of charge:
i.
ii.
iii.
iv.
notify NES in writing as soon as it becomes aware;
provide any information requested in the timescale allotted;
attend any meetings as required and permit the Consultant’s staff to attend;
promptly allow access to and investigation of any document or data deemed by NES to be
relevant;
v. allow itself and any staff of the Consultant to appear as witness in any ensuing proceedings;
and
vi. co-operate fully and promptly in every way required by the person or body conducting such
investigation during the course of that investigation.
23.4
24.
Where any such investigation is conducted or proceedings are brought under the Equality Act 2010,
which arise directly or indirectly out of any act or omission of the Consultant, its servants, employees,
suppliers, sub-contractors or agents, and where there is a finding against the Consultant in such
investigation or proceedings, the Consultant shall indemnify NES with respect to all costs, charges
and expenses arising out of or in connection with any such investigation or proceedings and such
other financial redress to cover any payment NES may have been ordered or required to pay to a
third party.
If required, the Consultant will provide relevant equality and diversity monitoring information or
disaggregated data as specified by this Agreement.
SEVERABILITY
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If any provision of the Agreement is, or becomes, illegal, void, or invalid, that shall not affect
the legality and validity of its other provisions.
25.
25.1
WAIVER
The failure of either Party to seek redress for breaches, or to insist on strict performance of
any provision of the Agreement, or the failure of either Party to exercise any right or remedy
to which it is entitled under the Agreement, shall not constitute a waiver thereof, and shall not
cause a diminution of the obligations under the Agreement.
25.2
No waiver of any provision of the Agreement shall be effective unless it is agreed to by both
Parties in writing.
25.3
No waiver of any default shall constitute a waiver of any subsequent default.
26.
ACCRUED RIGHT AND REMEDIES
Neither the expiration nor the termination of the Agreement shall prejudice or affect any right
of action or remedy which shall have accrued, or shall thereafter accrue, to either NES or the
Consultant.
27.
TRANSFER AND ASSIGNATION
Neither Party shall assign the whole or any part of the Agreement. The Consultant shall not
assign the supply of any Services, without the previous consent, in writing, of NES, such
consent not to be unreasonably withheld. Notwithstanding the foregoing this Agreement
shall automatically devolve to the statutory successors of NES.
28.
28.1
INDUCEMENTS TO PURCHASE
The Consultant shall not offer to NES, or its representatives, as a variation of the conditions
of the Agreement, or as an agreement collateral to it, any advantage other than a cash
discount against the Contract Price.
NES shall be entitled to terminate the Agreement, and to recover from the Consultant the
amount of any loss resulting from such termination in the following circumstances:28.2.1 if the Consultant shall have offered or given, or agreed to give, to any person any gift or
consideration of any kind as an inducement or reward in relation to the Agreement, or any other
Agreement with the Authority, ;
28.2.2 if the like acts shall have been done by any person employed by it, or acting on its behalf
(whether with or without the knowledge of the Consultant);
28.2.3 if in relation to the Agreement, the Consultant or any person employed by it, or acting on its
behalf, shall have committed any offence under the Prevention of Corruption Acts 1889 to 1916, or
shall have given any fee or reward to any officer of NES which shall have been exacted or accepted
by such officer in his role as employee of NES and is otherwise than such officer's proper
remuneration.
28.2
29.
PUBLICITY
The Consultant shall not advertise or publicly announce that it is supplying services or
undertaking work for NES, without the prior written consent of NES, such consent not to be
unreasonably withheld. Neither party will use the name or any trademark or any trade name,
whether registered or not, of the other party in publicity releases or advertising in any other
manner, including customer lists, without securing the prior written approval of the other.
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30. LAW
The Parties shall accept the exclusive jurisdiction of the courts of Scotland, and agree that the Agreement is to be
governed and construed according to Scots Law:
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Appendix 2: standards for inclusion in the NLU Executive Coaching Register
Criteria for acceptance to the register
All NHS executive coaches are required to be recognised as being highly credible to all who will
be accessing the register to find a potential coach for themselves or for a member of their NHS
organisation.
To be considered as a member of the NHS Executive coaching register, all accepted coaches
will provide annual evidence to Sharon Millar, on behalf of the National Leadership Unit, NHS
Education for Scotland, that they satisfy the minimum criteria.
Newly applying coaches will provide this evidence through the application process which
includes submission of information, followed by an interview with two members of the National
Leadership Unit executive coaching matching team.
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NHS EDUCATION FOR SCOTLAND
INVITATION TO TENDER
Minimum criteria for acceptance to the register
Code E = Essential; D = Desirable; I = Of interest
Criteria
Standards required – evidenced within application and at
interview
E1
Coaching Qualification
E2
Supervision in place
Hold a qualification from a recognised accrediting body
and abide by their ethical guidelines and CPD
requirements. This will be evidenced by the coach through
application and interview as equivalent to the EMCC
competence standards – Practitioner level and above.
Accreditation will have required submission of portfolio of
evidence to a recognised accrediting body which will
preferably have included a reflective case study, a
reflective transcribed taped session, statement of hours of
coaching at executive level, statement of hours of
supervision with qualified supervisor, self assessment v
competence standards; observed 1:1 coaching session;
interview on portfolio of evidence and observed coaching
session.
As per EMCC guidelines for supervision – in brief the
supervisor will be:
An experienced coach / mentor; experienced as a
supervisor and either hold, or be working towards a
supervision qualification.
There will be no dual roles; the supervisor is not also line
manager / business partner.
£1 million minimum
E3
Professional Indemnity
E4
Experience in coaching
E5
References from 2 fee paying
clients
Evidence of / track record in
developing self & others
Previous/ current role as
Board/Chief
Executive/Director/Senior
Manager
Reference in CV of work with
senior people and/or teams
Professional qualification
Membership of coaching body
E6
E7
E8
E9
D
1/
A minimum of 200 hours over the last 2 years with
evidence of significant coaching at executive level
Used as part of preparation for 1:1 interview with applicant
to register
At degree / masters level
Coach will be a member of at least one professional body
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NHS EDUCATION FOR SCOTLAND
INVITATION TO TENDER
E
D2 Membership of CIPD or
/E equivalent professional body
D3 Member of other / NHS
coaching registers
D4 Licensed to provide profiling
models
I
Qualification in coaching
supervision
I
Qualification in training and
development
I
Experience in associated
discipline with transferable
skills
eg counselling, mediation
Career & experience
I
NHS
I
Government
Police
Fire & Rescue
NDPB
Local Authority
Higher education
Voluntary sector
I
National experience
I
Private sector
I
International experience
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NHS EDUCATION FOR SCOTLAND
INVITATION TO TENDER
PART 3:
EVALUATION CRITERIA
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NHS EDUCATION FOR SCOTLAND
INVITATION TO TENDER
SCORING CRITERIA AND EVALUATION
Proposals will be evaluated against each other in an objective manner. Each category of questions and
all business requirements have been carefully determined by NES. The evaluation team will score each
Tenderer’s response using the criteria and weighting shown in the following table.
NES reserves the right to accept any tender, in whole or part, or to negotiate further with one or more
Tenderer. The Tenderer(s) selected will be chosen on the basis of best value for money. This means
suitable quality, delivery, level of risk and response to customer needs at best price. Any respondent
who submits an incomplete response or who does not respond to this ITT within the requested
guidelines and formats may be eliminated.
Criteria
Organisational
Experience and
Reputation in Undertaking
Similar Work
Understanding the
Purpose of the Work,
context and background
Proposed methodology
meets all the
requirements of the
Tender Specification
Qualifications and
Experience of the Team:
these must meet the
person specification in
Section 3
Quality and Service
Delivery
Description
Proposal demonstrates evidence of previous work
undertaken in the past 3 years relevant to this project
including the names(s) of clients who can be approached
for comments. Testimonials may be provided where
relevant
The proposal clearly demonstrates understanding of the
context of NES’s work and of this particular requirement
eg background or legislative requirements.
Proposal demonstrates that all the requirements of the
specification have been addressed and understood and
that the proposed methodology is appropriate and capable
of successfully delivering the project.
The proposal contains details of the educational and
professional qualifications, skills and experience relevant
to this project of the person(s) who would be responsible
for providing the service.
The proposal demonstrates adequate processes for
quality assurance and project management. This might
include evidence of ISO9000, or IIP certification or any
other evidence of conformity to the equivalent quality
assurance standards. Depending on the complexity of the
project, a robust in-house methodology may also be
appropriate.
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Weighting
15%
15%
15%
15%
10%
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NHS EDUCATION FOR SCOTLAND
INVITATION TO TENDER
The proposal provides evidence that the Tenderer has
sufficient capacity to do the work within the time frame
Organisational Capacity stated and that they have the organisational capacity to
to Undertake the Work absorb the workload. Details of any subcontracting
Given other Commitments requirements and the arrangements for procuring this
should also be detailed. Where appropriate order books
may be requested as evidence.
The proposal provides evidence that the main risks
involved with the project have been identified and
Risk Management. Have
adequately addressed. Details of the tenderer’s risk
main risks been identified
management methodology are also outlined.
A
and adequately
preliminary risk log for the project should be provided,
addressed.
clearly identifying anticipated risks and proposed actions
to mitigate their consequences.
The proposal is competitively priced and represents good
value in the context of the goods/services to be delivered.
Offers Best Value for
Costs are clearly demonstrated and justified. Best value
Money
bids will demonstrate an appropriate combination of cost +
quality.
10%
10%
10%
SCORING:
0
Question not answered. No evidence provided
1
Significantly fails to meet requirements. Inadequate evidence provided
2
Fails to meet requirements in some respects. Limited evidence.
3
Meets requirements in some respects. Moderate evidence provided.
4
Meets requirements in full with good supporting evidence
5
Superior proposal exceeding required standards. Exceptional evidence
Fraction scores shall not be used.
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NHS EDUCATION FOR SCOTLAND
INVITATION TO TENDER
PART 4:
TENDER RESPONSE
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NHS EDUCATION FOR SCOTLAND
INVITATION TO TENDER
1.
PROPOSAL LAYOUT
Tenderers are invited to submit a response to this Invitation to Tender in the format detailed below.
It is important that the standard numbering scheme laid out in this document is followed. In
addition, please ensure that each page of your proposal is numbered in sequence and includes
your company name and logo.
2.
HEADINGS
Your proposal should adopt the following format:
Section
Description
SECTION 1
Organisational experience and reputation in undertaking similar work
SECTION 2
Understanding the purpose of the work, context and background
SECTION 3
Proposed methodology and how it meets the requirements of the Tender
Specification
SECTION 4
Qualifications and experience of the team and how they meet the
requirements of the Person Specification
SECTION 5
Quality and service delivery, including quality assurance procedures
SECTION 6
Organisational capacity to undertake the work given other commitments
SECTION 7
Identified risks associated with the project and risk management processes
to address them
SECTION 8
Price to be charged, including full details of costings, and how the price
delivers value for money
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