Three regimes at once – what are they?
From February 24 2025, we will have three procurement regimes live simultaneously. To help avoid confusion, we have set out a quick guide to when each should be used.
Procurement Contracts Regulations 2015 (PCR2015)
This regime should be used when calling off from a framework or dynamic purchasing system (DPS) governed by PCR2015 – all frameworks and DPSs pre 24 February 2025. Please note, all DPSs will expire 23 February 2029, regardless of the expiry date (if before the expiry).
Procurement Act 2023 (PA 2023)
Any new tenders or contracts entered into after 24 February 2025 should follow this regime, including below-threshold procurements and waivers. It should also be used when calling off from a framework or dynamic market (note the change in name from dynamic purchasing system) which is governed and run under PA 2023 after 24 February 2025.
Provider Selection Regime (PSR)
All healthcare services as from 1 January 2024 should follow PSR, unless this is a mixed procurement where the services or goods are governed by PA 2023, which takes precedence.
Standstill
To further complicate matters, each of the three procurement regimes have different ways of calculating standstill, which must be applied correctly.
| Procurement Contracts Regulations 2015 | Procurement Act 2023 | Provider Selection Regime |
|---|---|---|
| The standstill period must be at least 10 calendar days if the notification is sent electronically. The standstill period starts the day after the notification is sent. | The standstill period is eight working days. As this is working days, all UK bank holidays must be considered when calculating standstill. The standstill period starts the day the notification is sent. | The standstill period is eight working days. As this is working days, all UK bank holidays must be considered when calculating standstill. The standstill period starts the day after the notification is sent. |
| Example: If the award notification is issued on 17 February, standstill ends on 27 February and contracts can be signed from 28 February. | Example: If the award notification is issued 17 February, standstill ends 26 February and contracts can be signed from 27 February. | Example: If the award notification is issued 17 February, standstill ends 27 February and contracts can be signed from 28 February. |
Below threshold notices
One of the transparency requirements under PA 2023 is the addition of below threshold notices:
- Below Threshold Tender Notice
- Below Threshold Contracts Details Notice
Whether a contract requires both notices will first depend on if the contract is classed as a notifiable below-threshold contract.
A below threshold contract becomes notifiable when the value is above £12,000 inclusive of VAT for central government authorities (which includes NHS trusts and foundation trusts) or £30,000 inclusive of VAT for sub-central authorities.
A contracting authority must publish a below-threshold tender notice when it intends to advertise a notifiable below-threshold contract. When no advertisement of the contract is due to take place, a notice does not need to be published.
A contracting authority must publish a below-threshold contract details notice for all contracts deemed as a notifiable below-threshold contract.
As there is not always a requirement to publish a below-threshold tender notice, the contract details notice may sometimes be the first and only notice published in a procurement for a below-threshold contract.
Procurement notice timelines
The Procurement Act 2023 has introduced a range of procurement notices. We have broken down the notice timelines for each type of procurement under PA 2023.
Frequently asked questions
We have compiled a list of frequently asked questions to support with understanding procurement policy and regulations and how they apply in practice.
This is a live list, so if you have questions you would like added, please contact CPHenquiries@eoecph.nhs.uk.
Read the FAQs nowHow we can help
At the Hub, all of our procurement specialists have undertaken online e-learning for the Procurement Act, with a number of us participating in the deep dive sessions and face-to-face training from Mills and Reeves to ensure that we can all support with your Procurement Act queries.
We can provide a range of services covering all stages of the procurement lifecycle:
- Design and manage a procurement process
- Advise on your procurement options
- Draft notice wording
- Provide guidance on using our agreements
- Conduct training on stages of a procurement process
- Draft tender documents
Please get in touch with any of our procurement teams to discuss any questions you may have. Not only can we answer one-off questions and advise on issues, but we can support members with training needs and upskilling colleagues on the procurement changes.