Policy for Supplier / Commercial Representatives (Excluding Pharmaceuticals)

This policy provides guidance on the optimal practices required to ensure that the relationships between supplier commercial representatives and Trust staff are managed professionally and in a manner that minimises risks to patient safety.

1 Introduction and purpose

The Buckinghamshire Healthcare NHS Trust (BHT) appreciates the role that current and potential suppliers play in supporting health practitioners in providing safe, effective and economic products and services, to the patients in their care and other staff working within the NHS.
The aim of this policy is to put the relationship between the staff employed by BHT and suppliers and their commercial representatives on a sound and professional footing and to provide suppliers and their commercial representatives with information on how they should deal with Trust personnel in relation to Procurement matters
This policy covers all Trust Procurement of goods and services with the exception of Pharmacy controlled products.
This policy is available to the Trust’s suppliers through the Procurement department and on the Trust’s web site – http://www.buckshealthcare.nhs.uk/
Failure to follow this policy will result in suppliers / potential suppliers being liable to appropriate sanctions by the Trust and this could include removal from the list of suppliers used by the Trust and / or exclusion from future business opportunities with the

2 Essential Requirements

The Trust expects that all current and potential suppliers operate to the highest ethical standards and adopt a code of conduct that supports this Suppliers must operate in accordance with these instructions and ensure their representatives are advised accordingly. Identity badges with the company name and name of the representative must be shown at all times.
The Trust requires all companies and their representatives to operate under the following Codes of Conduct:

- Standards of Business Conduct for NHS Staff – (NHS Management Executive –Jan 93)
- Commercial Sponsorship – Ethical Standards for the NHS” – (DoH – Dec 00)
- The Code of Ethics – (Chartered Institute of Procurement and Supply)
- Association of British Healthcare Industries (ABHI) Code of Business Practice
- Nursing & Midwifery Council Code of Practice (https://www.nmc.org.uk/globalassets/sitedocuments/nmc-publications/nmc-code.pdf)

3 Public Procurement Regulations

All Trust staff and suppliers are advised that the Trust, as a public sector organisation, is required to comply with Public Contract Regulations 2015. In the NHS there is a clear requirement to demonstrate that public funds are being spent efficiently, effectively and ethically at all times. This principle of public accountability is fundamental to all purchasing activities and is encompassed in the Trust’s Standing Orders (SO), Standing Financial Instructions (SFI), and Procurement Strategy. In addition there is a requirement to comply with the Bribery Act of 2010 which came into force in July 2011 (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/181762/br ibery-act-2010-guidance.pdf).
Suppliers wishing to supply goods and services to the Trust must comply with Trust processes and procedures when arranging visits to Trust premises. Trust divisional and departmental managers are responsible for ensuring that supplier representatives are only permitted on Trust premises via the processes laid down in this policy. This will ensure that any risk to patients or Trust staff has the appropriate mitigation in place.

4 Responsibilities (see Annex C for summary)

The Trust Board has delegated to the Director of Finance responsibility for the proper management of risk in relation to all aspects of procurement and supply. The application of this policy reflects obligations on staff of the Trust, companies and their representatives. For each activity (below), the expectations of the Trust in regard to all parties concerned are identified. It is the duty of all Line Managers to ensure that all staff comply with this policy.

4.1 Appointments and Visits

The aim of the Trust is to provide and maintain high standards of patient care and safety at all Company Representatives must appreciate and recognise this as a priority. This policy is an effective risk management tool, which will control the access of Company Representatives to Trust premises
To gain access to the Trust premises, Company Representatives are required to book appointments in line with this Trust policy, which requires the Company Representatives to book their appointment via the Intellicentrics Meeting Manager system app. Authorisation will be granted by the a designated Meeting Validator in each division or department based on whether the representative meets the required criteria for the area that they are visiting.
Company Representatives once granted access to the Trust site by the relevant Meeting Validator must print a visitor’s badge which must be displayed at all times while on site. They must also check in on arrival at the trust site via the Meeting manager Any company representative without the required visitor’s badge will be challenged and potentially asked to leave the Trust premises.
Company Representatives will be provided with the appropriate attire if visiting areas requiring it and instructed on how it should be worn. Representatives must not wear their own attire in these instances for infection control reasons
Company Representatives will be supervised by a named member of the staff throughout their visit.
Company Representatives are reminded that all procedures carried out in the Trust are confidential in nature and that any information, discussions, technical details or documentation must be treated as such.
Whilst in Theatre environments, Company Representatives must seek permission to speak to the surgeon via the scrub nurse. Noise levels, including communication should otherwise be kept to a All medical products must be handed to the scrub nurse and not directly to the surgeon
In the event of surgical emergency, the Company Representative will be asked to leave the Theatre
The supervising member of Trust staff will ensure that the Company Representative does not act or move in such a way to compromise the success of any procedure.
Representatives are not permitted to tour the hospital sites searching for staff, and are not allowed to enter any clinical areas without a prior appointment. Cold calling is not permitted.
All supplier representatives are subject to the Trust’s policies and procedures. Particular attention is drawn to the Code of Conduct and Non Disclosure Agreement for Third Parties Supplying Goods, Services and Consultancy to the Trust in AnnexShould a Company Representative feel unwell, they should immediately inform a member of Trust staff who will take the appropriate form of action deemed unprofessional by the supervising Trust staff member at any time, they will be asked to leave the Trust premises.
Company Representatives should behave professionally at all If their behaviour is deemed unprofessional by the supervising Trust staff member at any time, they will be asked to leave the Trust premises.
Representatives are not permitted to tour the hospital sites searching for staff, and are not allowed to enter any clinical areas without a prior appointment. Cold calling is not permitted.
All supplier representatives are subject to the Trust’s policies and procedures. Particular attention is drawn to the Code of Conduct and Non Disclosure Agreement for Third Parties Supplying Goods, Services and Consultancy to the Trust in Annex B.

5 Product Trials and Evaluations

Product trials (excepting pharmaceutical products) must be arranged through the Head of Procurement who will coordinate with the ward or departments Department Heads must ensure that any trial or evaluation of equipment or consumables has been approved by the Procurement department.
All suppliers must hold DH Master Indemnity Insurance https://www.gov.uk/government/publications/master-indemnity-agreement-mia
All medical equipment for trial shall be first delivered to the Trust’s Clinical Engineering Department for testing and A Trust indemnity form must be completed in advance of installation or acceptance.
It is Trust policy that items provided for trial will be free of charge to the Any exceptions must be agreed by the Trust Head of Procurement
Under no circumstances is medical equipment to be delivered directly to a ward or department without the prior knowledge of the Clinical Engineering Department. In respect of pharmaceutical products arrangements should be made via the Chief Pharmacist and the pharmacy protocol (available from the Chief Pharmacist) should be followed.
The signing of contracts is regulated and governed by the Trust’s scheme of delegation contained within its Standing Financial Members of staff must not sign contracts for goods and services outside the Trust’s scheme of delegation.
Suppliers are not authorised to accept any order, verbal, telephoned, or written, unless that order is accompanied by a Trust purchase order number.

6 Hospitality/Gifts/Sponsorship

Internal Guidance to Trust staff states that those staff in contact with suppliers “should be on their guard against accepting hospitality, which might lay them open to allegations of a lack of independence and impartiality. All hospitality offered in such circumstances should be recorded in the Hospitality Register and authorisation obtained from an Executive Director prior to acceptance. A form to do this is available in the Trust’s Declaration of Interests Policy.
Suppliers must not attempt to influence Trust business decisions by offering hospitality to Trust staff or their close A lunch in the course of a working visit may be acceptable, although it should be similar to the scale of hospitality which the Trust would be likely to offer.
Business gifts, other than items of very low intrinsic value (less than £5) such as diaries, pens, or calendars, should not be accepted.
Commercial sponsorship relating to conferences or courses is only acceptable if the attendance of Trust staff forms part of an educational/training course approved by a senior manager of the Trust, and is with the prior written authorisation of an Executive
Sponsorship for travelling and accommodation in respect of courses can only be accepted with prior consent from a General Manager or Executive Director (for consultant staff, usually the medical director or chief operating officer).
A letter stating the financial sponsorship being offered must be received and agreed before any offers can be accepted. Under no circumstances may the above be accepted if a tender process is taking place and the company offering sponsorship has an interest in that tender. In all cases Trust staff are expected to declare sponsorship or any commercial relationship linked to the supply of goods or services relating to themselves or their close family and be prepared to be held to account for
No commercial advantage will derive from any offer of hospitality/gifts/ sponsorship and suppliers should not offer it. Attention is drawn to the Bribery Act of 2011.

7 Infection Control Guidelines

Prior to and whilst visiting any clinical areas, the supplier/sales representative must comply with the Infection Control guidelines in Annex A.

8 Publication and Dissemination

This policy is aimed at all BHT staff and suppliers. It can be found on the Trust Intranet under Finance Policies, and will also be published on the Trust website.

9. Monitoring of Compliance with the Provisions of this Policy

Minimum requirement to be monitored

Process for monitoring

e.g. audit

Responsible Individuals to undertake monitoring and production of a report.

Frequency of monitoring

/ audit

Responsible individuals receiving the monitoring report and for development

of action plan.

Responsibl e committee for review of

action plan

Responsible committee for Monitoring of action and audit to ensure satisfactory conclusions.

Supplier visits to site

KPI reports

Head of Procurement

Monthly

Head of Procurement Divisional Directors

TBD

10 Confidentiality and Data Protection

The Company / commercial representatives shall adhere to the Trust Code of Practice on Confidentiality (Annex B).