Procurement and Tendering Regulations

Procurement and Tendering Regulations

Published on 21 Apr, 2015

The CCG adheres to procurement regulations that apply across the whole of the European Union (EU).
CCGs will ensure the procurement process is managed in compliance with the Public Contract Regulations. The Principles of the Contract Regulations are that procurement should be:

• Fair (non-discrimination, equality of treatment).

• Transparent (clear full auditable trail).

• Proportionate.

• Supports the use of best practice.

• Complies with Section 75 of the Health and Social Care Act.

• NHS (Procurement, Patient Choice and Competition – No.20) Regulations 2013 - procurement to secure improved service quality and efficiency.

For those over a certain threshold EU regulations require that the tenders be advertised in the Official Journal of European Union (OJEU).

These are divided into two categories:

• *Part A - to which the full EU Public Contracts Regulations apply.

• *Part B - There is no requirement for contracts to be published in the Official Journal of the European Union (OJEU), however using best practice the CCGs will advertise in the OJEU to ensure full competition and Market awareness is achieved. Health and social care services are Part B services. Most services in the NHS are part B.
*Please note: New procurement regulations are currently going through approval stages and will be in force in first half of 2015. 

The most frequent procurement procedures implemented to allow fair and transparent competition:

Open Procedure- One stage procedure that included a selection criteria and a tender.

Restricted Procedure- two stage procedure that include a Pre-qualification Questionnaire where a shortlist of providers who have been pre-vetted are taken to the Invitation to Tender (ITT). 

Competitive Dialogue- The competitive dialogue procedure can only be used in limited circumstances. It may be appropriate where the contracting authority is unable to produce a complete ITT/requirement specification without discussing its needs in detail with suppliers and where the solution is likely to be particularly complex and will require dialogue with bidders to conclude. The competitive dialogue procedure is generally used for complex procurements projects.

The negotiated procedure- This procedure can only be used in extremely limited circumstances. The service is for a genuinely unique type of solution, the funding model is untested, and the contracting authority is not aware of any other contracts using a similar model.

AQP: Any Qualified Provider- (not part of EU Regulations) Providers meeting the qualifying criteria, Payment at local tariff and Patient choice of provider. One step process, short timescale for delivery.

Procurement Process Chart:


Procurement where to find opportunities:

Tenders will be advertised in a number of places:

For those over a certain threshold EU regulations require that the tenders be
advertised in the Official Journal of European Union (OJEU).
Tenders Electronic Daily (TED) an online version of the OJEU (can register for
specific services)
Contracts Finder for all NHS Tenders
CCG website –
www.valeofyorkccg.nhs.uk

For further information about the procurement of healthcare services in the Vale of York please phone 01904 555 870 or email valeofyork.contactus@nhs.net