Guidance on expiring contracts under the NHS Increasing Capacity Framework
The NHS Increasing Capacity Framework (ICF) was designed to create a simple and streamlined process for those looking to procure a range of clinical services from a list of pre-approved providers. NHS England has now confirmed that following a consultation with Integrated Care Boards, NHS Trusts and Foundation Trusts, and independent sector providers, they have decided not to extend the operation of the ICF beyond Wednesday 20 November 2024.
At this stage it is important that Integrated Care Board leads/commissioners are considering next steps to ensure that there is not a gap in service provision beyond 20th November.
NHS England has published guidance for Integrated Care Boards on options for contracting with independent providers after the deadline. The document reminds commissioners that contracts called-off under the ICF must now comply with the Provider Selection Regime which came into force in January 2024.
The guidance explains that when arranging services previously provided under the ICF, relevant authorities (NHS England, Local Authorities, Integrated Care Boards, NHS Trusts and Foundation Trusts) should consider each specific circumstance when deciding which Provider Selection Regime process is most appropriate and should consider seeking legal advice if in doubt.
The guidance clarifies that where patient choice applies then commissioners must use the Provider Selection Regime Direct Award Process B to award contracts that replace the ICF.
It also clarifies the range of options available for non-choice based services including:
• use of Direct Award Process A (if appropriate) or C to award a contract to an existing provider
• using the most suitable provider process to award a contract where the relevant authority is of the view that it is likely to be able to identify the most suitable provider
• running a competitive process
• establishing your own framework agreement
• contract modifications are permitted under the Provider Selection Regime in specific circumstances
Contracting authorities are reminded that depending on the provider selection process adopted, the relevant authority would need to follow the transparency requirements for that process and publish the required notices for that process.
If you would like support with any of the issues raised here, do get in touch with our procurement team.