Public procurement

Calling off frameworks – a cautionary tale for contracting authorities

The High Court has recently handed down judgment in the case of Consultant Connect Limited v NHS Bath and North East Somerset, Swindon and Wiltshire Integrated Care Board, NHS Gloucestershire Integrated Care Board, NHS Bristol, North Somerset and South Gloucestershire Integrated Care Board [2022] EWHC 2037 (TCC).

Case Update: Inadequate Record Keeping Invalidates Contract Award

Hempsons acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in successfully challenging Lancashire County Council (the “Council”) in relation to a procurement challenge for the provision of 0 – 19 services.

Delay to the new SQ until 1 June 2023

We published an update on 13 March 2023 to highlight the publication of the new Standard Selection Questionnaire within PPN 03/23.  This new version was stated to need to be used from 1 April 2023.

DHSC to introduce the PSR regulations into Parliament on 19 October 2023

It has been announced today by NHS England that the DHSC plans to introduce the Provider Selection Regime (PSR) regulations into Parliament on 19 October 2023.

Do you want to bid for NHS contracts?

Ross Clark provides a guide to the Provider Selection Regime for independent healthcare providers.

Driving Forward System Working – A snapshot of early progress in collaborative commissioning

Hempsons were delighted to input into NHS Providers report on ‘Driving Forward System Working’ which demonstrates that positive progress has been made towards collaborative commissioning at system levels.

Exclusions and debarment under the Procurement Act 2023

The Procurement Act 2023 introduces new exclusion grounds and a debarment regime for suppliers with certain offences or risks.

Explained: the Provider Selection Regime for primary care services

The Provider Selection Regime (PSR) replaces the Public Procurement Regulations for the award of health care services contracts in England by commissioners. Justin Cumberlege explores the detail.

Fall out from Carillion requires careful consideration

With the news of Carillion’s liquidation, a number of questions arise. From a procurement professional’s perspective, what happens to the contracts will be of paramount importance. It is unlikely to be a simple case of novating the contract to a new provider.

FAQs for Contracting Authorities and Bidders

A comprehensive list of frequently asked questions for Contracting Authorities and Bidders.

Foundation Trusts and NHS England will need to apply a lower procurement threshold from 16 August 2021

The Public Procurement (Agreement on Government Procurement) (Amendment) (No. 2) Regulations 2021 (the “Amendment Regulations”) have been published.

Global Digital Exemplars – GDE and procuring technology

In an article in digitalhealth in July 2017, Matthew Swindells, NHS England’s national director for operations and information, was reported as stating at a conference that “At the core of the GDE model is the idea that we should be learning from each other. If the GDE and fast follower model goes well in the future, nobody will run procurements to buy IT systems again”.

GPAR 2021 published. Is anything changing?

The Public Procurement (Agreement on Government Procurement) (Amendment) Regulations 2021 (SI 2021/573) (GPAR 2021) have been published and will come into force on 11 June 2021.

Hempsons welcomes new procurement partner Tim Dennis

HSJ Partnership Awards 2024: Best Legal Services Partnership with the NHS

Hempsons are proud to be part of the team to win the ‘Best Legal Services Partnership with the NHS’ award, alongside the West Yorkshire Association of Acute Trusts (WYAAT). This award specifically shines a light on NHS projects that have utilised legal services to get results, whilst delivering value for money.

Introducing the Health and Care Bill Board…

The government’s health and care white paper “Integration and Innovation: working together to improve health and social care for all” was launched last week. It paves the way for a Health and Care Bill intended to increase collaboration and co-operation across the health and social care services.

Key changes within the Procurement Act 2023 in relation to Light Touch Contracts

Discover key changes for Light Touch Contracts under the Procurement Act 2023, effective from 24 February 2025.

Looking forward to the new Procure 2020 construction framework and the new Hilary Mantel novel

The Hempsons team speculate what the Procure 2020 framework might offer to an NHS estates sector eager for solutions.

Modifying a public contract under the Procurement Act 2023

The Procurement Act 2023, effective 24 Feb 2025, updates public contract modification rules, including new criteria for emergencies and known risks.

New PPN published; Requirements for contracts covered by the WTO Government Procurement Agreement & the UK-EU Trade &...

The second Procurement Policy Note of 2021 was published at the end of last week.

New PPN Published: update to legal and policy requirements to publish procurement information on Contracts Finder

PPN 07/21 was published on 24 June 2021 and provides consolidated guidance that reminds public bodies of the requirements of the Public Contracts Regulations 2015 (PCR) to publish information about opportunities and awards over certain low value thresholds on Contracts Finder.

New PPN’s Published; National Procurement Policy Statement & Taking account of Carbon Reduction Plans

The fifth and sixth Procurement Policy Notes of 2021 have been published.

Newsflash: Hempsons advises 2 NHS Foundation Trusts in successful procurement challenge against Local Authority

Hempsons acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in successfully challenging Lancashire County Council (the “Council”) in relation to the award of a contract for the provision of 0 – 19 services.

Newsflash: Provider Selection Regime: supplementary consultation on the detail of proposals for regulations

Andrew Daly comments on the DHSC launched a supplementary consultation on the detail of proposals for Provider Selection Regime regulations published on 21 February 2022.

NHS England Guidance on applying net zero and social value in procurement

In March 2022, NHS England published guidance to extend the principles within PPN 06/20 to ensure the consistent approach of all In-scope Organisations to apply net zero and social value to the commissioning and purchase of goods and services by NHS organisations.

NHS England successfully defends procurement challenge

Judgment has today been handed down in InHealth Intelligence Limited v NHS England [2023] EWHC 352 (TCC). Hempsons LLP acted on behalf of NHS England, which was successful in defending the claim brought against it.

NHS England’s consultation on NHS Provider Selection Regime proposals

NHS England has today published its consultation on the proposed NHS Provider Selection Regime. The consultation on these proposals will run until 7 April 2021.

No bid, no chance?

On 20 February 2023, the High Court handed down judgment in InHealth Intelligence Ltd v NHS England [2023] EWHC 352 (TCC). Hempsons procurement team discusses the judgment.

Not an April Fools – procurement law changes: reminder!

April 1 - the procurement law changes that have come in to effect.

Podcast: What does the Provider Selection Regime mean for primary healthcare providers?

Primary healthcare law experts Justin Cumberlege and Robert McCartney host our first podcast of the year, discussing what the new Provider Selection Regime means for primary healthcare providers.

PPN 01/22 Published: Contracts with suppliers from Russia and Belarus

PPN 01/22 was published on 28 March 2022 to provide guidance as to how contracting authorities can further cut ties with companies backed by the states of Russia and Belarus.

PPN 03/23 – A new Standard Selection Questionnaire from 1 April 2023

PPN 03/23, published 9 March, introduces a new Standard Selection Questionnaire (“SQ”) to be used for all new procurements subject to the Public Contracts Regulations 2015.

PPN 09/21: Updated position of the value thresholds for publication on Contracts Finder for NHS Foundation Trusts

PPN 09/21: Updated position of the value thresholds for publication on Contracts Finder for NHS Foundation Trusts

Procurement Bill 2022 published

Procurement Law – Summer 2019 Update

This is a round up of some of the more significant decisions you may have missed over the summer holiday period.

Procurement law and the Provider Selection Regime – when will the changes happen?

There is a lot of change on its way to procurement law. The way healthcare services are commissioned is also going to change. For the NHS, ICBs will go live on 1 July 2022.

Procurement law post Brexit – does anything change for procurement practitioners at 11pm tonight?

Procurement law post Brexit – does anything change for procurement practitioners at 11pm tonight?

Provider Selection Regime – are you preparing your annual summary?

A relevant authority must publish online, on a publicly available website accessible free of charge, an annual summary of its contracting activity for the provision of relevant health care services.

Public Procurement (International Trade Agreements) (Amendment) Regulations 2022 now in force

With all of the publicity about the Procurement Bill, it is easy to lose sight of the fact that the Public Contracts Regulations 2015 are being up-dated.

Public procurement law post-Brexit

The Government has published the draft “Public Procurement (Amendment etc.) (EU Exit) Regulations 2019”. The draft Regulations mainly deal with housekeeping issues post-Brexit in that they either remove or replace with domestic equivalents, references to the European Union, the Commission and EU Directives in current legislation. The draft Regulations also deal with the administration of any further amendments to procurement legislation.

Some Legal Implications of the NHS Long Term Plan

Much has been written about the publication of the NHS Long Term Plan (“LTP”). The NHS Confederation has provided a particularly useful summary. The main focus of the plan is to implement a new service model, with particular focus on the improved access to services, early diagnosis and prevention of certain diseases (including diabetes, strokes, dementia and cancer), and improved access to mental health services for both adults and children. In order to improve access to services, the plan sets out ambitions for better integration between primary, secondary and community services for patients.

Stay safe when applying the Covid-19 response PPNs

The UK Cabinet Office has published a number of Procurement Policy Notes (“PPNs”) in response to the current Covid crisis. Click to read our summary.

STPs and accountable care roundup w/c 22 January

Hempsons is pleased to bring you the latest in its series of news updates on STPs and accountable care.

STPs and accountable care roundup w/c 27 November

Hempsons is pleased to bring you the latest in its series of news updates on STPs and accountable care.

STPs and integrated care roundup w/c 16 April

Hempsons is pleased to bring you the latest in its series of news updates on STPs and integrated care.

The commencement of the Procurement Act has been delayed until 24 February 2025

The rumours were true - the commencement of the Procurement Act has been delayed until 24 February 2025.

The Coronavirus Directions 2020

NHS England is taking on powers that are usually held by the Clinical Commissioning Groups (CCGs) to commission services in relation to the Covid-19 pandemic.

The Government has issued its second Procurement Policy Note (PPN) on the impact of COVID-19 on procurement

The Government has issued its second Procurement Policy Note (PPN) in a week which sets out information and guidance for public bodies on payment of their suppliers to ensure service continuity during and after the current COVID-19 outbreak.

The Government issues the first Procurement Policy Note of 2020 on the impact of COVID-19 on procurement

The Government has today issued the first Procurement Policy Note of 2020 on the impact of COVID-19 on procurement.

The Health Care Services (Provider Selection Regime) Regulations 2023 have been laid before Parliament today

The Health Care Services (Provider Selection Regime) Regulations 2023 (the “Regulations”), have been laid before Parliament today, 19 October. NHS England has published the draft Statutory Guidance and draft associated implementation products.

The Health Care Services (Provider Selection Regime) Regulations 2023 will come into force on 1 January 2024

The Health Care Services (Provider Selection Regime) Regulations 2023 will come into force on 1 January 2024 (as expected).

The Independent Patient Choice and Procurement Panel completes its first PSR review and publishes new criteria

It has been a busy week for the Independent Patient Choice and Procurement Panel. It has published the outcome of its first case, as well as publishing its acceptance and prioritisation criteria. Andrew Daly and Helen Redfern discuss the case.

The new Procurement Bill – MEAT to MAT

The new Procurement Bill - MEAT to MAT. Significant change, or a question of semantics?

The Procurement Act 2023 received Royal Assent on 26 October; the link to the Act has now been published

The Procurement Act 2023 will come into force in October 2024 (date to be confirmed). The secondary legislation that will sit under the Procurement Act 2023 will be laid before Parliament in early 2024. These regulations will contain some of the detail as to how the Act will work in practice. During the implementation phase, we will be providing updates on what the Procurement Act 2023 will mean in practice for contracting authorities now that the content has been agreed by both Houses.

The Procurement Bill 2022 – new procurements, same old challenges?

The Provider Selection Regime – some Governance Implications

The Health Care Services (Provider Selection Regime) Regulations 2023 (“PSR Regulations”) will come into force on 1 January 2024. “Relevant Authorities” (which includes ICBs and NHS Trusts/Foundation Trusts, NHS England, local and combined authorities) need to take steps to prepare for the regime for procuring relevant health care services in England.

The Provider Selection Regime (“PSR”) – what will it mean when procuring health care services?

What will the Provider Selection Regime mean when procuring health care services? Head of procurement Andrew Daly explains.

The Provider Selection Regime is now in force

The Health Care Services (Provider Selection Regime) Regulations 2023 came into force on 1 January 2024. Head of procurement Andrew Daly provides an update on the new rules and guidance.

The Public Contracts (Amendment) Regulations 2022 – now in force

Amendments have been made to Chapter 8 (the rules applicable to below threshold value contracts) of the Public Contracts Regulations 2015.

The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023 now in force

These Regulations make amendments to United Kingdom Public Contracts Regulations 2015 (the “PCR”) and other procurement regulations for the purpose of implementing two free trade agreements entered into by the United Kingdom (“the FTAs”), one with Australia and the other with New Zealand. The changes are made under The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023.

Update on timescales for new procurement legislation

It has been announced that the date for commencement of the Procurement Bill is now likely to be in October 2024. Read the full details in our update.

Updated thresholds for public procurements to be applied from 1 January 2022

The financial thresholds for the application of the Public Contracts Regulations 2015 will change from 1 January 2022. The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2021 (SI 2021/1221) set out the position.

Updated thresholds for public procurements to be applied from 1 January 2024

The financial thresholds for the application of the Public Contracts Regulations 2015 will change from 1 January 2024.

We’re shortlisted for four awards at the HCSA Excellence in Supply Awards

We are thrilled to be shortlisted in four categories at the upcoming HCSA Excellence in Supply Awards for the North, in particular for our work to secure a pan-pathology managed service contract across three trusts.

What’s in a name? Sometimes, a manifest error

The High Court has handed down judgment on 20 June 2022 in Braceurself Limited v NHS England [2022] EWHC 1532 (TCC). Hempsons procurement team discuss the case.

When is a lease caught by the public procurement rules?

The Court of Justice of the European Union (“CJEU”) has recently considered the distinction between a lease (not caught by the Public Contracts Regulations 2015 (PCR)), and a public works contract (that could be caught by the PCR if it is over the relevant threshold and not otherwise exempt).

When will the Procurement Act 2023 need to be followed?

Andrew Daly discusses the new Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024 and how these will work with the previous regulations.

Will a “no-deal Brexit” change the position for public procurement law?

As discussed in our previous newsflash (December 2018), the public procurement position post-Brexit is expected, at least initially, to be largely the same as now, whatever the outcome of current debates.

Wrongly losing a contract – not necessarily a “sufficiently serious” breach of procurement law?

Second article on the decision in Braceurself Limited v NHS England [2022]

You need to know the PGM 2024

NHS England released its updated Primary Medical Care Policy and Guidance Manual (PGM) this week. The PGM is used by the Integrated Care Boards to manage all aspects of general practice and helps to interpret and implement the various legislative regulations and directions which govern the sector.