5.11 The NHSScotland body should establish clear lines of communication with participants to enable swift and effective exchanges of information. For example, specified contact points should be identified for clarification of the ITPD and ISFT documents and to arrange access to any further information or meetings with NHSScotland body officials. It is likely that standard documents such as Request for Information (RFI) Forms and full programme of meetings will be attached as appendices to the ITPD. This will help in ensuring compliance with the procurement regulations and in securing equal treatment of participants.
5.12 Direct contact between Participants and Authority Advisers should be avoided where practicable. Ideally all communication should be through the Project Office using the standard RFI procedure. Information which is supplied to one participant should also be shared with other participants.
5.13 The documentation should include the name of the NHSScotland body representative who has ultimate responsibility for the project, and the lines of accountability to the project team members and advisers. All other members of the project team should be named and it should be stated whether or not they may be contacted direct on any aspect of the project.
5.14 A Key Stage Review must be completed prior to the issue of the ITPD.
5.15 The dialogue phase commences once the ITPD has been sent to short-listed participants. The aim of the dialogue is to "identify and define the means best suited of satisfying [the contracting bodies'] needs." This stage formally acknowledges the need in complex projects to talk around solutions, develop ideas and explore options as part of the tender process. All aspects of the project can be discussed and discussion can constitute far more than round table meetings (which could be implied by the terminology). It can include, for example, formal presentations, written bid type responses, development of design, formal clarification and negotiations of solutions and contract terms. It is important to recognise that the dialogue phase is the phase in the procedure which offers the greatest flexibility. It should therefore continue until the contracting body is satisfied that it has identified the solution or solutions capable of meeting its needs and requirements with sufficient precision to enable Final Tenders (which fully meet these requirements) to be submitted.
5.16 The NHSScotland body's requirements (legal, technical and financial) in relation to bids will have been made clear to all parties within the ITPD. A bid that meets the minimum output requirements of the NHSScotland body but goes no further may be referred to as a standard or reference bid. During the dialogue phase variant bids (in terms of alternative ways of delivering the requirement) may be developed in dialogue with the procuring body. If these are acceptable participants may submit these as variant bids in the ISFT.
5.17 NHSScotland bodies should seek to attract variant bids, as these can be a source of innovation. However, it is important not to waste participants' time. In this regard, NHS bodies should give participants a strong steer as to the variant bids that will not be acceptable (because options have already been rejected in the OBC or that the variant does not demonstrate greater Value for Money) and also an indication of the weight that will be attached to variant bids. NHSScotland bodies should also outline what variant proposals for the scheme have previously been considered and why they were rejected by the NHSScotland body. These may already be detailed in the Outline Business Case. Variant bids on the standard contract terms should not be encouraged without the prior approval of the Scottish Government Health Directorate (SGHD).
5.18 In order to make the comparison of bids easier, participants should be asked to state where variant bids vary from the design or other specifications set out in the ITPD and ISFT. This may be usefully set out in matrix form.