Provider Selection Regime: reviewing decisions during the standstill period

Workflow diagram showing how the provider selection regime decisions are reviewed during the standstill period

Accessible text

When following direct award process C, the most suitable provider process, or the competitive process, the standstill period begins with the publication of the intention to award a contract notice.

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 relevant authority may award the contract to the selected provider.

If representations are received before midnight at the end of the 8th working day after the day the standstill period begins, then the standstill period will remain open.

The relevant authority must consider the representation and review their original decision.

The relevant authority must inform the provider of their further decision. This may be that they choose to abandon the provider selection process, or that they wish to return to an earlier step in the provider selection process, or that they wish to continue with the contract award.

Where the relevant authority wishes to continue with the award of the contract to their selected provider, they must wait five working days before they can close the standstill period and award the contract. During this period, the provider may consider the decision of the relevant authority.

If the provider does nothing further, then the relevant authority may end the standstill period and award the contract as intended.

If the provider remains unsatisfied, they may request the Independent Patient Choice and Procurement Panel (the panel) to consider the representations and offer advice to the relevant authority.

The panel will consider whether the representations meet their acceptance criteria.

If the representations do not meet the acceptance criteria, the representations will not be considered further. The relevant authority may end the standstill period and award the contract to their selected provider.

If the representations meet the acceptance criteria, then they will be considered further by the panel.

Following considerations, the panel will share their advice with the relevant authority. The advice, or a summary thereof, will also be published.

The relevant authority should consider the advice of the panel and take a further decision.

The relevant authority must decide whether they return to an earlier step in the provider selection process, abandon the provider selection process, or continue with the contract award to the selected provider.

If the relevant authority decides to award the contract to their selected provider, then they may close the standstill period following five working days and award the contract.

There are no further opportunities for a review of decisions during the standstill period under the PSR.

Publication reference: PRN00853