Talking Heads: The Health Care Services (Provider Selection Regime) Regulations 2023

The Health Care Services (Provider Selection Regime) Regulations 2023 will come into effect on 1 January 2024. They bring in a completely new regime for the procurement of health care services in England that aims to give commissioners of health care services more flexibility in selecting providers and mean that competitive tendering will not be the default for all above threshold contracts.

We have prepared a series of videos that break down the Provider Selection Regime into short topics that we hope you will be able to digest over a coffee. The series covers the following topics:

1. Introduction: covering start date/application to current procurement, coverage, mixed procurement, the general principles, key criteria and basic selection criteria
2. The direct award processes: Direct Award Processes A, B and C
3. The other award processes: Most Suitable Provider Process and Competitive Process
4. Standstill and the representations phase
5. Modifications of contracts and dealing with urgent situations
6. Other points: grounds for exclusion, dealing with conflicts of interest, termination of contracts and record keeping

This Part One of the series covers the first three videos.

Introduction

In this video we learn when the new rules are going to come into effect, what will happen with procurements that are ongoing at that time, what services are covered by the new regime, and how to deal with contracts that cover both services that fall within the Provider Selection Regime and those that sit outside it (i.e. “mixed” procurements). We then talk about the overarching principles that apply to all processes under the PSR, and the selection criteria and key criteria that will need to be taken into account by relevant authorities when making decisions under the PSR.

The Direct Award Processes

In this video we discuss the three situations in which a direct award of a contract can be made. This covers both the situations in which they can, or must, be used, and the steps required to complete each of the processes.

The Most Suitable Provider Process and the Competitive Process

Here we discuss the two award processes that involve an approach to the market. The first is the Most Suitable Provider process pursuant to which a relevant authority can award a contract to the provider it considers to be most suitable. The second is the Competitive Process, which is the one that most closely reflects how public procurements are run under the Public Contracts Regulations 2015.  

You can now watch episodes 4, 5, and 6 here.

We hope that you find these videos helpful. If you would like to enquire about bespoke training for your organisation, please get in touch with Fran Mussellwhite.