Updated NHS England guidance and materials on the PSR

The Provider Selection Regime (PSR) is now in force in relation to the commissioning of NHS healthcare services; the Public Contracts Regulations 2015 no longer apply to these services. You can read our updated guidance note on the PSR and watch our webinar, here.

On 8 January NHS England published the final version of its guidance and updated some of the toolkit documents on its PSR website. The key updates were:

  • Transparency –  a clarification that the phrase ‘details of the individual/individuals making the decision’ may mean the name of a committee or job titles of individuals making the decision, as appropriate.
  • Reviewing decisions during the standstill period –  the draft statutory guidance and implementation materials published in October 2023 stated that the standstill period for reviewing decisions made under the PSR would begin on the working day following the publication of the intention to award a contract notice. The final version of the statutory guidance now provides that: “The standstill period must last for a minimum period of eight working days. The standstill period begins on the day after the notice of intention to award or conclude is published and, unless a written representation is made, ends at midnight of the eighth working day after the day the standstill period begins…” 
  • Reviewing decisions during the standstill period – further information has now also been set out about the Independent Patient Choice and Procurement Panel
  • Contract changes under the PSR  - there are clarifications around:
    • the transparency requirements for permitted modifications; and
    • which modifications are not permitted under the PSR.

To learn more you could register for the latest NHS England webinar – dates are available in January, February and March.

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