In October 2021, we published an update in relation to the NHS Provider Selection Regime. It will replace the current procurement obligations on commissioners and healthcare providers in relation to awarding contracts for healthcare services. A link to that briefing can be found here.

Recently, NHS England published an update on their website confirming that the NHS Provider Selection Regime is not expected to be in use in time for the 2023/2024 NHS contracting round and that more clarity on timeframes for implementation is expected from Government shortly. Until the NHS Provider Selection Regime is in force, the current rules (primarily under the Public Contracts Regulations 2015 (“PCR”) and NHS (Procurement, Patient Choice and Competition) (No.2) Regulations 2013 (“NHS Procurement Regulations”).

What does this mean for NHS bodies arranging contracts for healthcare services?

The current rules under the PCR and NHS Procurement Regulations apply and are likely to do so until 2024. We appreciate that some Integrated Care Boards (“ICBs”) may have been planning their contract award processes for 23/24 on the basis that the NHS Provider Selection Regime would be in force. As this will not be the case, ICBs (and NHS England) will need to ensure that their arrangements are in line with the PCR and NHS Procurement Regulations and that they have the necessary evidence and documented the decision making process for any award. NHS Providers that award contracts for healthcare services will need to do so in accordance with the PCR only. Once the NHS Provider Selection Regime is in force, it will apply to all NHS organisations and Local Authorities when awarding contracts for healthcare services.

What can Capsticks do to help?

Where contracts for healthcare services are due to end on or before 1 April 2024, we can help you to manage any required contract extensions and also to design a selection process that complies with the current legal framework and enables you to mobilise new contracts in order to ensure continuity of service provision.

Our procurement team will continue to provide updates so that you’ll have the most up to date guidance at every step of the way. Our experts can:

• provide guidance on the PCR and NHS Procurement Regulations and how the delay to the implementation of the NHS Provider Selection Regime could impact commissioning decisions by ICBs and NHS England
• provide tailored training sessions on the impact of the reforms and what they mean practically on a day to day level for both procurement teams and bidders
• update templates and policies
• provide guidance on record keeping obligations • advise on resource implications for procurement teams.

For more information or to discuss the procurement of healthcare services, please contact Mary Mundy, Dylan Young or Peter Edwards.