Procurement approach and policy
Hertfordshire and West Essex ICB has a responsibility to ensure a consistent, transparent and effective approach to the procurement, commissioning and contract management of goods, services and works.
The ICB has a Procurement Policy that outlines the key principles and considerations that will inform decision-making. This policy reflects current competition and procurement rules that apply to our services. It will be updated in line with any changes to UK/EU legislation and NHS Policy.
Provider Selection Regime for Healthcare Services
The Provider Selection Regime (PSR) came into force on 1 January 2024.
The PSR is a set of rules for procuring health care services in England by organisations termed relevant authorities. Relevant authorities are:
- NHS England
- Integrated care boards (ICBs)
- NHS trusts and NHS foundation trusts
- Local authorities and combined authorities
The PSR was introduced by regulations made under the Health and Care Act 2022. In keeping with the intent of the Act, the PSR has been designed to:
- introduce a flexible and proportionate process for deciding who should provide health care services
- provide a framework that allows collaboration to flourish across systems
- ensure that all decisions are made in the best interest of patients and service users.
The provider selection regime does not apply to the procurement of goods or non-health care services (unless as part of a mixed procurement), irrespective of whether these are procured by relevant authorities.
Provider selection processes
The PSR has three provider selection processes. These are:
Direct award process. These involve awarding contracts to providers when there is limited or no reason to seek to change from the existing provider or to assess providers against one another. This can be for one of the following reasons:
- the existing provider is the only provider that can deliver the health care services.
- patients have a choice of providers, and the number of providers is not restricted by the relevant authority.
- the existing provider is satisfying its existing contract, will likely satisfy the new contract to a sufficient standard, and the proposed contracting arrangements are not changing considerably.
Most suitable provider process – This involves awarding a contract to providers without running a competitive process, because the relevant authority can identify the most suitable provider.
Competitive process – This involves running a competitive process to award a contract.
Provider representations
Following direct award process C, the most suitable provider process, or the competitive process and the publication of the intention to award a contract notice (transparency notice), a standstill period must be observed for eight working days. During this period representations can be made and responded to as appropriate. Representations should be made to [give web address]
If no representations are received before midnight at the end of the 8th working day after the day the standstill period begins, the standstill period can come to an end, and the contract will be awarded to the selected provider.
Patient choice accreditation
Under National Choice Rules providers of consultant led services that meet the definition of patient choice have a right to a contract if they can pass the Integrated Care Boards’ (ICB) accreditation process and are able to deliver the ICBs’ service specification for that service. Hertfordshire and West Essex ICB has a process for interested providers who wish to be accredited. The process is split into three phases:
Phase 1. Accreditation
All providers will be asked to register their request for accreditation via the Patient Choice Accreditation Inbox – [email protected]
The ICB will then send the provider an accreditation questionnaire provider and ask them to complete and return this. At the same time the ICB will confirm the next available date that the provider’s response can be considered by a Choice Accreditation Panel.
The purpose of the accreditation questionnaire is to assess providers against a standard set of questions to assure the ICB that the provider is a suitable provider that the ICB is confident to contract with. This process of checking supplier suitability is similar to the process undertaken for competitive tenders and Any Qualified Provider (AQP) processes.
Once the ICB receives the completed questionnaire it will be assessed by the Choice Accreditation Panel.
Phase 2. Service Specification.
As part of the accreditation questionnaire providers will be asked to indicate what services they wish to deliver.
If the provider passes the accreditation process, they will be asked to demonstrate how they will deliver the service specification relevant to the service they wish to provide. This will then be further assessed to ensure the service model is compliant with the service specification. This will be achieved via assessment of the response and confirmation to the provider within a six-week period and a contract will be established.
Phase 3. Contract award
If both the above processes are complete and the provider is deemed suitable and able to deliver services on behalf of the ICB, a recommendation will go through the ICB governance process for approval for the contract award.
Phase 4. Announcement of contract award
As the relevant contracting authority, the ICB is required to publish a transparency notice announcing the award of a contract on the Find a Tender Service (FTS).
Contracts register and procurement decisions
The ICB publishes an annual list of the healthcare contracts across the Hertfordshire and West Essex integrated care system.
We also publish information about procurement decisions and contracts awarded across Hertfordshire and West Essex ICS. This information is regularly updated.
You can search for all of Hertfordshire and West Essex ICB contracts that are currently out for tender on the Contracts Finder website.