The NHS Provider Selection Regime (PSR)
The regime aims to create a more flexible and collaborative approach to procurement, focusing on quality, value, and the ability to meet the needs of the local population.
Under the PSR, NHS organisations, such as NHS England, Integrated Care Boards (ICBs), and NHS Trusts, will have more flexibility in how they procure healthcare services. The regime introduces three main procurement processes:
- Direct award: NHS organisations can award contracts directly to a supplier without competition, if they can demonstrate that the supplier is the most suitable provider.
- Competitive award: NHS organisations can run a competitive procurement process to select the most suitable provider.
- Direct award with call for competition: NHS organisations can award a contract directly to a supplier, but must also publish a notice inviting other suppliers to compete for the contract.
When making decisions, authorities must consider five key criteria:
- Quality and innovation
- Value
- Integration and collaboration
- Access, inequalities, and choice
- Service sustainability and social value
Transparency is a cornerstone of the PSR. Authorities must publish notices about their decisions and maintain records of the process. This openness enables proper scrutiny and accountability. The PSR applies to healthcare and public health services arranged by relevant authorities, regardless of the provider type. It does not cover goods or non-healthcare services unless they are part of a mixed procurement.
By providing more flexibility in provider selection, the PSR aims to support the development of stable partnerships and integrated care delivery. This aligns with the broader goals of transforming health and care services to meet increasing demand, deliver better outcomes, and ensure financial sustainability.
Suppliers looking to provide healthcare services to the NHS in England will need to adapt to the new Provider Selection Regime.
Key points for suppliers to consider include:
- Demonstrate value: Suppliers should focus on demonstrating how their services can provide value for money, improve quality, and meet the specific needs of the NHS organisation and the local population.
- Align with selection criteria: Suppliers should ensure that their offerings align with the selection criteria used by NHS organisations under the PSR, such as quality, value, integration, and patient choice.
- Stay informed: Suppliers should monitor the Find a Tender Service (FTS) for contract notices and award notices to stay informed about potential opportunities.
- Be prepared for different procurement processes: Suppliers should be prepared to engage in different procurement processes, such as direct awards, competitive awards, and direct awards with call for competition.
- Know your rights: Suppliers should be aware of their rights to challenge procurement decisions if they believe the PSR has not been followed correctly.
Provider Selection Regime: Practical Tips
Key Criteria and Decision-Making
The PSR emphasises the importance of five key criteria in decision-making: quality and innovation, value, integration and collaboration, patient access and inequalities, and social value. Relevant authorities must consider these criteria when selecting providers, with the relative importance determined by the specific circumstances and objectives of the procurement.
Transparency and Record-Keeping
Transparency is a core principle of the PSR. Relevant authorities must publish notices on the Find a Tender Service (FTS) portal at various stages of the procurement process, including contract award notices and annual summaries of their PSR application. They must also keep internal records of decisions and decision-making processes, and publish any conflicts of interest and how they were managed.
Reviewing Decisions and Challenges
Providers can make representations during the standstill period if they believe the PSR has been misapplied in direct award process C, the most suitable provider process, or the competitive process. Unsatisfied providers may submit a representation to the PSR Review Panel. Any PSR decision may potentially be challenged via judicial review on grounds such as incorrect application of regulations, improper management of conflicts of interest, or deviations from procurement documents in the competitive process.
Framework Agreements and Contract Modifications
Framework agreements must be concluded using the competitive process and are limited to four years, with exceptions for longer terms justified by the subject matter. Contracts can be awarded under a framework agreement using the competitive process or without competition, as provided in the framework's terms and conditions.
The PSR allows for contract modifications under certain circumstances, such as when clearly provided for in the original contract or when necessitated by external factors beyond the control of the relevant authority and the provider. Relevant authorities must comply with PSR provisions and specific contract terms when extending or modifying contracts.
Implications for Commissioners and Providers
The PSR represents a significant shift in how healthcare services are procured in England. Commissioners (relevant authorities) must familiarise themselves with the new rules, ensure robust record-keeping and transparency practices, and make well-justified decisions based on the key criteria and specific circumstances of each procurement.
Providers should proactively engage with commissioners to showcase their capabilities, demonstrate alignment with the key criteria, and build collaborative relationships. They should also be aware of the opportunities to challenge procurement decisions and the grounds for doing so.
During the transition period, both commissioners and providers may face challenges and complexities, such as the need for staff training and the handling of procurements that span the transition date. Thorough preparation, planning, and seeking legal advice when necessary can help mitigate these challenges.
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Contact us todayHealth Care Services and PSR
The Provider Selection Regime applies to a wide range of health care services, including:
- Hospital services (surgical, medical, gynaecological, obstetrical, rehabilitation, psychiatric, etc.)
- Medical practice services (general practitioners, specialists, dental, etc.)
- Miscellaneous health services (midwives, nurses, home medical treatment, paramedical, ambulance, residential health facilities, etc.)
- Services provided by medical laboratories, blood banks, sperm banks, and transplant organ banks
- Medical analysis, imaging, and optician services
- Pharmacy services (excluding community pharmacy services under specific regulations)
- Community health services delivered to individuals
- Family-planning services provided to individuals for sexual and reproductive health support
- Rehabilitation services for individuals tackling substance misuse or mental/physical health issues
Tips for Providers to Win Contracts through PSR
Understand the PSR Framework
- Familiarise yourself with the statutory guidance, selection processes, and key criteria.
- Highlight how your services meet the PSR’s focus areas (e.g., integration, value, and social impact).
Prepare for Transparency and Record-Keeping:
- Ensure clear documentation of how your services align with the PSR’s objectives.
- Maintain compliance records that could be reviewed during the standstill period.
Focus on Key Criteria:
- Emphasise quality, innovation, and social value in your proposals.
- Address how your services will reduce health inequalities and improve access.
Engage with Relevant Authorities:
- Monitor opportunities through NHS England resources such as the Find a Tender Service (FTS).
- Participate in webinars or outreach programmes to align with procurement expectations.
Strategise for Non-Competitive Awards:
- Demonstrate unique capabilities or continuity benefits for direct award scenarios.
- Position your organisation as the “most suitable provider” by aligning with PSR priorities.
Leverage Mixed Procurement Opportunities:
- If applicable, combine in-scope healthcare services with other services or goods under one contract, ensuring alignment with PSR principles.
Adapt to Transitional Arrangements:
- Understand the implications for ongoing contracts initiated under previous regulations.
- Highlight how your offerings fit within both existing frameworks and new PSR processes.
Take a look at Tendering Steps for NHS Suppliers.
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| Tender | Value | Published | Deadline | Re-Tender/End Date | |||||||
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Tier 3.5 - 4 Enhanced Psychological Services: Norfolk & Waveney ICSUK Norwich NHS Norfolk & Waveney Integrated Care BoardNHS Norfolk and Waveney ICB on behalf of the NHS Norfolk and Waveney Integrated Care System seek competitive bids for the Provision of Tier 3.5 - 4 Enhanced Psychological Services.<br/><br/>During the Covid-19 pandemic a staff support hub was set up in Norfolk & Waveney as part of a national initiative to provide additional mental health support to health & social care staff who were struggling with the impact of Covid. National funding for these hubs ceased in March 2023, with each ICS required to provide health & social care staff a similar level of support to the Covid hubs on an on-going basis. <br/><br/>Following a review of existing service provision, commissioners have identified the need to develop tier 3.5 - 4 enhanced psychological services (EPS) to complement existing tier 1-3 provision. The service is targeted at staff with more complex clinical presentations that typically require a higher degree of face-to-face interventions. The tier 3.5 - 4 enhanced psychological services will primarily support individual staff with their mental health but will also occasionally be offered to their wider teams.<br/><br/>The transitional funding provided by the local ICB expires at the end of the ‘23/’24 financial year, with each ICS organisation required to fund support for its own staff with effect from April ’24. A combination of existing service provision and financial constraints means that the EPS service will only be commissioned by 3 of the 5 local NHS trusts (Norfolk & Norwich, James Paget, and Norfolk Community Health & Care), as well as the ICB. This procurement seeks to establish a common service, with each trust contracting separately with the chosen provider.<br/><br/>The contract will be for a period of 3 years with a contract value between £350,000 - £500,000 over the full 3-year contract period.<br/><br/>This is a Provider Selection Regime (PSR) Contract Notice. The awarding of this contract is subject to the Health Care Services (Provider Selection Regime) Regulations 2023. For the avoidance of doubt, the provisions of the Public Contracts Regulations 2015 do not apply to this award.<br/><br/>To express interest and participate in the tender, please register and apply via the Atamis esourcing portal https://health-family.force.com/s/Welcome and search Project ID C247446. Should Tenderers have any queries, or have any problems using the portal, they should contact Helpdesk at: Phone: 0800 9956035
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500000 | 2024-02-29 | 2024-04-02 | ||||||||
Optometry Led Community Eye Care Services for North West LondonUK London NHS North West London Integrated Care BoardNHS North West London Integrated Care Board are seeking to arrange a contract for an Optometry Led Community Eye Care Service for North West London. This procurement will be under the Health Care Services (Provider Selection Regime) Regulations 2023 - Competitive Process. <br/>The aim of the service is to provide an integrated and collaborative eye care service for patients within NWL, providing high quality eye care underpinned by effective, efficient care and excellent outcomes. Services will provide equitable access, making the most of digital advances. Work will be developed and would work across organisational boundaries to deliver:<br/>• Improved patient outcomes and experience<br/>• Equity of access and outcomes for all NWL patients<br/>• Improved team working and collaboration, improving staff satisfaction and opportunities<br/>• Effective use of system wide resources for eye care<br/>Full details of the Authority's requirements are set out in Invitation to Tender documents.<br/>Offers will be assessed taking into account the key criteria and applying the basic selection of the Provider Selection Regime. <br/>To register your interest, please follow the link below, and search for the project reference/name as detailed:<br/><br/>https://health-family.force.com/s/Welcome<br/>Project reference: C190145<br/>Project Name: Optometry Led Community Eye Care Services for North West London ICB
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6473509 | 2024-02-27 | 2024-03-25 | ||||||||
Any Qualified Provider (AQP) for the Provision of Community Vasectomy and Semen Analysis Service to NHS Buckinghamshire, Oxfordshire and Berkshire West Integrated Care BoardUK Amersham NHS Buckinghamshire Oxfordshire & Berkshire West Integrated Care BoardThe purpose of this process is to indentify the applicants that can meet the Commissioner's needs and objectives. In securing services from providers using the Direct Award Process B under the Provider Selection Regime
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2024-02-24 | 2024-03-15 | |||||||||
Notice of Intention To Award Contract via the Most Suitable Provider Process: City and Hackney Access to Toenail Cutting ServiceUK Hackney London Borough of HackneyThis is a Provider Selection Regime (PSR) intended approach notice. The awarding of this contract is subject to the Health Care Services (Provider Selection Regime) Regulations 2023. For the avoidance of doubt, the provisions of the Public Contracts Regulations 2015 do not apply to this award.The intention is to award this contract using the most suitable provider process.The decision for the award of this contract will be made by Sandra Husbands, Director of Public Health at the London Borough of Hackney Council.
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2024-02-23 | ||||||||||
CWC23161 Weight Management Group Support ServiceUK Wolverhampton Wolverhampton City CouncilWolverhampton has higher levels of adult obesity, overweight or obese and smoking than England and West Midlands averages. There are currently only targeted offers available through the national digital tier 2 weight management programme. There is no universal offer in Wolverhampton for tier 2 weight management.The service will provide Service Users with vouchers for a 12-week face to face weight loss programme which will support Service Users to safely achieve calorie deficit and a healthy balanced diet, develop heathier eating habits and embed behaviour change.The procurement procedure to be followed will be in accordance with The Health Care Services (Provider Selection Regime) Regulations 2023, No. 1348 - PART 2 - Regulation 11, The Competitive Process. Regulations 6(7) and 11 set out the process that the authority must follow when awarding a contract under the competitive process.The complete Competitive Process is detailed with the ITT document, found free of charge at the website address documented within this contract notice https://www.wolverhamptontenders.com .
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2024-02-23 | ||||||||||
Lancaster, Morecambe Bay & South Cumbria Lymphoedema Service - Cancer & Non CancerUK Preston NHS Lancashire & South Cumbria Integrated Care Board (ICB)The competitive tendering process to which this ITT relates to and further to which the Authority intends to purchase the Services as set out in regulation 11 of the provider selection regime 2023 for the award of a contract with a competition.This ITT has been made available to all Bidders who have expressed a potential interest in delivering this service in line with the requirements which fall under Regulation 11 for the award of a contract with a competition, and Schedule 1 of the Health Care Services (Provider Selection Regime) Regulations 2023. As such, the competitive tendering of these Services is being run as a bespoke, single-stage tender process as described in the documentation in this ITT, and in the Find a Tender contract notice advertisement. The Authority reserves the right to make changes to the process as it sees necessary whilst adhering to those sections of the Provider Selection Regime regulations which lay out the principles for the competitive tendering process. The Authority will ensure that Bidders are made aware, in reasonable time, of any changes it makes to the process. All changes will be communicated through the Procurement portal messaging system, Atamis.The Contracting Authority is not voluntarily following any other part of the Regulations.Right to Cancel: The Contracting Authority reserves the right to discontinue the Competitive Process at any time, which shall include the right not to award a contract or contracts, and does not bind itself to accept the lowest tender, or any tender received, and reserves the right to award a contract in part, or to call for new tenders should it consider this necessary.The Contracting Authority shall not be liable for any costs or expenses incurred by any candidate or tenderer in connection with the completion and return of the information requested in this Contract Notice, or in the completion or submission of any tender, irrespective of the outcome of the competition or if the competition is cancelled or postponed.All dates, time periods and values specified in this notice are provisional and the Contracting Authority reserves the right to change these.Transparency: The Contracting Authority is subject to the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004(EIR) and may be required to disclose information received in the course of this procurement under FOIA or the EIR.In addition, and in accordance with the UK Government's policies on transparency, the contracting authority intends to publish documentation and the text of any resulting contractual arrangements, subject to possible redactions at the discretion of the Contracting Authority.Any redactions, whether in relation to information requests under FOIA, the EIR or policies on transparency will be in accordance with those grounds prescribed under the Freedom of Information Act. If and when this requirement is offered to tender, this will be done via electronic means using the internet. Midlands and Lancashire CSU is conducting this procurement exercise as a central purchasing body for another NHS body with whom the successful bidder(s) will enter into contracts for the supply of the services.Any other public-sector body detailed within this notice, wishing to access the contract may do so only with permission from the contracting NHS body.Further details will be made available via documentation and information released during the Competitive Process.
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2028707 | 2024-02-22 | 2024-03-22 | ||||||||
Buckinghamshire, Oxfordshire, and Berkshire West ICB and NHS Frimley ICB Non-Emergency Patient Transport ServiceUK Amersham NHS Buckinghamshire Oxfordshire & Berkshire West Integrated Care BoardNHS Buckinghamshire, Oxfordshire, and Berkshire West <br/>Integrated Care Board and NHS Frimley Integrated Care Board are seeking to secure a Prime Provider who has the capability and capacity to deliver Non-Emergency Patient Transport Services in line with the specified requirements from 1 April 2025. <br/><br/>The aim of this service is to provide transport for eligible patients within Buckinghamshire, Oxfordshire, Berkshire West, and Frimley with a medical need, between their places of residence, primary, community, social care and acute settings transporting patients in safe, timely, comfortable, and clinically appropriate transport without detriment to their medical condition.<br/><br/>The contract period offered will be for a period of 5 years commencing 1st April 2025. The Commissioners at their sole discretion, will have an option to extend for a further 5 years (5+5). A standard NHS contract will be used for this service.<br/><br/>Buckinghamshire, Oxfordshire, and Berkshire West Integrated Care Board is the Lead Commissioner and Frimley Integrated Care Board is an Associate Commissioner to these Services.<br/><br/>Buckinghamshire, Oxfordshire, and Berkshire West Integrated Care Board is conducting this procurement in accordance with Regulation 11 The Competitive Process of the Health Care Services (Provider Selection Regime) Regulations 2023 (PSR Regulations)<br/><br/>The annual financial envelope is £22,601,647 per year, and a total financial envelope of £226,016,470 over the maximum 10-year duration.<br/><br/>The deadline for receipt of tenders is 12 Noon 02 April 2024.<br/><br/>TUPE is likely to apply, and TUPE information is available on request.<br/><br/>This procurement is being carried out by NHS South, Central and West Commissioning Support Unit (SCW) on behalf of the Commissioner.<br/><br/>Interested providers will be able to view this notice via the 'Live Opportunities' list on the e-procurement system, Atamis, available on the following link: https://health-family.force.com/s/Welcome Project Reference: C246132.<br/><br/>This is a Provider Selection Regime (PSR) Contract Notice. The awarding of this contract is subject to the Health Care Services (Provider Selection Regime) Regulations 2023. For the avoidance of doubt, the provisions of the Public Contracts Regulations 2015 do not apply to this award.
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226016470 | 2024-02-20 | 2024-04-02 | ||||||||
Waiting list initiative for Autism Spectrum ConditionsUK PRESCOT Mersey Care NHS Foundation TrustMCFT intends to contract with Clinical Partners Limited, Hitchcock House, Hilltop Park, Devizes Road, Salisbury, Wiltshire, SP3 4UF for a waiting list initiative to provide diagnostic assessments for autism spectrum condition in adults aged over 18. The contract value is approximately £400,000. MCFT is currently in contract with Clinical Partners, following a market engagement exercise where it was determined that Clinical Partners was the only organisation with the experience and capacity to deliver the activity within the time specified. For the new contract, MCFT is looking for assessments to start in March with the work being completed by the end of June 2024. It is intended to award the contract in accordance with the Provider Selection Regime Regulations under Direct Award process C where there is an existing provider for the services and that existing provider is satisfying the original contract and will likely satisfy the proposed new contract, and the services are not changing considerably.The Senior Leadership Team of Mental Health Care Division have made the decision for the award of this contract. No conflicts of interest have been identified and this has been recorded in line with Trust policy.
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400000 | 2024-02-15 | 2024-02-26 | ||||||||
Provision of an Integrated Urgent Care Model in Salford on behalf of NHS Greater Manchester Integrated Care BoardUK Manchester NHS Greater Manchester Integrated Care BoardNHS Greater Manchester Integrated Care Board is seeking to appoint a suitable provider for the Provision of an Integrated Urgent Care Model in Salford.The model should align urgent and unscheduled care services enabling a flexible approach to meet demand.The services should include:• a Local Clinical Assessment Service (LCAS) which operates 24/7 managing NHS 111 calls as part of urgent care by appointment including all primary care dispositions requiring response within 1 hour.• Primary Care Streaming at the front door of the Emergency Department in Salford, originally operational 8am-8pm but extended to 8am-midnight at times of system pressure as a winter resilience scheme• GP Out of Hours (GPOOH) providing cover 6.30pm to 8amThe Contract to be offered to the Recommended Bidder at the end of this Procurement will be for an initial duration of 3 years, which is intended to run from approximately 1st July 2024 (contract start date to be agreed) until approximately 30th June 2027 with the possibility of contract extensions of up to a total of a further 24 months, subject to any restrictions placed nationally by NHS England or the Department of Health and Social Care. It is the intention of the Relevant Authority to enter into a single contract with one Bidder.As advertised, the anticipated, maximum total contract value (including any potential extensions) is £21,250,000 with an annual affordability limit set at £4,250,000.The Services to which this Procurement relates fall within the scope of Schedule 1 of the Health Care Services (Provider Selection Regime) Regulations 2023. The procurement of the Services is being run as a bespoke, single-stage application process.To download the tender documentation, please login and register at SAP Ariba on the below link. Please note the documents are free of charge to access: https://discovery.ariba.com/rfx/18618758
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21250000 | 2024-01-27 | 2024-02-26 |
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