Under the Public Contracts Regulations 2006, healthcare contracts were within Part B and not subject to the full regulations. There was no requirement for any form of prior advertising or competitive tendering of Part B services unless there could be cross border interest (although the general obligations of transparency, equal treatment, non-discrimination and proportionality applied). Alongside PCR 2006, since April 2013, commissioners of healthcare have also had to comply with the NHS (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 (known as the section 75 regulations), which are enforceable by Monitor. This situation changed on 26 February 2015, when the Public Contracts Regulations 2015 came into force and removed the distinction between Part A and Part B services. In this short article I consider the implications of the new regulations for organisations planning to develop one of the new models of care in the Five Year Forward View (5YFV), either as a Vanguard site or fast follower, and I explain why it may be sensible to ‘commence’ a procurement, sooner rather than later.
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Mark Magrath MBAI am a management consultant with 12 years experience as an executive director in an NHS Foundation Trust, including 10 years as Deputy Chief Executive. I only write blogs on projects and assignments that I have personally led. My aim is to write amazing content that combines real world experience with insightful advice. Categories
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August 2021
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