Presented at the Design and Deliver Better Services - For People, With People event in Taunton on 2 December 2015 organised by South West Forum

1. MAKING PROCURMENT LAW WORK FOR YOU
SOUTH WEST FORUM, 2 DECEMBER 2015
JAMES FALLE

2. • The “traditional” approach
• Paper based
• No negotiation
• Fear of favouritism
• Evolving law
• European Commission less suspicious
• More opportunities to dialogue during procurement
• Pre-procurement activity
BACKGROUND

3. PRE-PROCUREMENT ENGAGEMENT
• Government policy
• Explicit acceptance – PCR 2015
• Avoiding:
• conflicts of interest
• distortion of competition

4. DIALOGUE AND NEGOTIATION
• Competitive dialogue procedure (2006)
• Replaced “negotiated procedure”
• Only for particularly complex procurement
• Often maligned by commissioners and suppliers
• Competitive procedure with negotiation (2015)
• Filling the void
• Flexible
• But must not change:
• Award criteria
• Minimum requirements
• Contract on basis of final tender

5. LIGHT TOUCH REGIME
• Light touch regime replaces “part B services”
• Contracts above £625k
• Considerable flexibility for commissioners
• But
• OJEU advertisement
• Transparency and equal treatment
• Commissioners may consider:
• Need for quality, continuity, affordability, comprehensive service
• Needs of different categories of users (inc disadvantaged, vulnerable)
• Empowerment of users
• Innovation

6. NHS (PPCC)(NO.2) REGULATIONS 2013
• Apply to CCG
commissioning
• Not full “procurement”
• See NEW Devon / RD&E
• Change in April 2016
• What will be the impact of
PCR 2015 on clinical
commissioning?

7. CONCLUSION
• Genuine scope for dialogue
• Recognition that health and social care are different
• But transparency, non-discrimination
• Remedies

8. THANK YOU
James Falle
T: +44 (0)1392 685 325 E: james.falle@footanstey.com