In this note our view is based on The Health Care Services (Provider Selection Regime) Regulations 2023 (the “PSR”) and the Procurement Act 2023 (the “Act”).
Please note that the responses provided represent the general views of the public procurement team at Mills & Reeve, however they should not be relied on or treated as a substitute for specific advice relevant to a particular scenario/matter.
If you require specific legal advice, our procurement team would be happy to discuss this further with you – contact details of which are provided below.
FAQs on the PSR
The requirement to observe a standstill period within Regulation 12(2) is subject to Regulation 14 of the PSR. This notes the limited number of occasions where relevant authorities may need to act urgently in an emergency. These include where:
- a new service needs to be arranged rapidly in an unforeseen emergency or local, regional or national crisis, e.g., to deal with a pandemic.
- urgent quality/safety concerns which pose risks to patients or the public and necessitate rapid changes.
- an existing provider is suddenly unable to provide services under an existing contract (for example, a provider becomes insolvent or experiences a sudden lack of critical workforce) and a new provider needs to be found.
The reason for the urgency must not have been foreseeable by or attributable to the relevant authority for this exemption to be relied upon. Relevant authorities must carry out a full provider selection process once the emergency has passed. If this time period is over 12 months, then a justification must be provided.
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