Provider Selection Regime: getting to the right decision

Worflow diagram showing the process of making decisions for direct award processes as part of the Provider Selection Regime

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The first step in deciding which provider selection process might be the most appropriate to use is to identify whether the contract that needs to be awarded is for newly established services (i.e., there is not an existing provider in place) or for existing services (i.e., where there is an existing provider in place).

If there is an existing provider in place, the next question is whether there is only one capable provider for the services in question (i.e that the existing provider is the only provider that can deliver the services).

If the answer is yes, then direct award process A must be followed for the award of the contract.

If the answer is no, the next question to ask is whether there is unrestricted patient choice for the services that the contract relates to (i.e. where all providers that meet the requirements to deliver the services are offered a contract).

If the answer is yes, direct award process B must be followed for the award of the contract.

If the answer is no, the next suggested question is whether the existing provider is satisfying the existing contract and is likely to satisfy the proposed contract to a sufficient standard.

If the answer is no, then either the most suitable provider process or the competitive process may be followed for the award of the contact (direct award process C must not be followed).

If the answer is yes, the next question is whether the considerable change threshold – as set out in the PSR Regulations 6(10) to 6(12), and further described in the statutory guidance – is met.

If the answer is no, then direct award process C may be followed for the award of the contract.

If the answer is yes, then either the most suitable provider process or the competitive process may be followed for the award of the contact. Direct award process C must not be followed in this case.

If the contact to be awarded is for new services (where there is not an existing provider in place), the first question to ask is whether there is unrestricted patient choice for the services that the contract relates (i.e where all providers that meet the requirements to deliver the services are offered a contract).

If the answer is yes, direct award process B must be followed for the award of the contract.

If the answer is no, the next question is whether taking into account likely providers and all relevant information available at the time can the most suitable provider be identified.

If the answer is yes, then the most suitable provider process may be followed.

If the answer is no, then the competitive process must be followed.

Publication reference: PRN00853