New health care procurement regulations now in force

On Monday 1 January 2024, the Health Care Services (Provider Selection Regime) Regulations 2023 came into force requiring “relevant authorities” (which includes NHS England, Integrated Care Boards, NHS trusts and NHS foundation trusts, local and combined authorities) to apply the PSR when procuring health care services.

Since the draft statutory guidance was published on 19 October 2023 together with the draft Provider Selection Regime Regulations that were also introduced to Parliaments on 19 October 2023, five updates have been made to the final version of the statutory guidance which the NHS England PSR team has summarised in their update which you can read here.

Updates to the statutory guidance cover:

Applying the direct award process B

Updated references to the amended National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 in relation to the new patient choice requirements.

Transparency

NHS England has clarified that ‘details of the individual/individuals making the decision’ may mean the name of a committee or job titles of individuals making the decision, as appropriate.

Reviewing decisions during the standstill period

The draft statutory guidance and implementation materials published in October 2023 stated that the standstill period for reviewing decisions made under the PSR would begin on the working day following the publication of the intention to award a contract notice.

The final version of the statutory guidance published on 2 January 2024 now provides that:

“The standstill period must last for a minimum period of eight working days. The standstill period begins on the day after the notice of intention to award or conclude is published and, unless a written representation is made, ends at midnight of the eighth working day after the day the standstill period begins…” .

A set of worked examples are set out in the updated guidance.

This means that the standstill period is longer than initially set out in the draft statutory guidance and implementation materials.

Reviewing decisions during the standstill period

Further information about the Independent Patient Choice and Procurement Panel has been set out.

Modification of contracts and framework agreements during their term

Further clarification to transparency requirements for permitted modifications and clarification to modifications not permitted under the PSR has also been set out.

Resources, knowledge drops and webinars

Now that the PSR is in force, NHS England has updated:

• The PSR toolkit which covers:
  • Overview slide deck of the PSR
  • Policy slide deck
  • Practitioner slide deck
  • Find a Tender Service supplementary guide
  • End-to-end process maps
  • Flowcharts
• FAQs
• Upcoming PSR webinars including practitioner workshops (new dates have been released for starting on 11 January-19 March)

How we can help

Our specialist procurement teams can support you with the new procurement rules whether it is reviewing your procurement processes and or governance arrangements, including potential conflicts of interest.

Do get in touch.