Under the PSR, the first step for the Commissioner will be to identify which “Decision Circumstance” will apply when arranging healthcare services. You can find a comprehensive summary of all named circumstances and their specific requirements below:
Please refer to our blog Exploring the Transparency steps required under the Provider Selection Regime for more details on the Transparency information required for each circumstance including the intended scrutiny and standstill requirement.
| Decision Making Circumstance | When this circumstance applies | Transparency step required |
| Category 1A:
Continuation of existing arrangements |
When the type of service means there is no realistic alternative to the current provider or group of providers. For example: type 1 and 2 urgent and emergency services). | Internal recording of the decision-making process and rationale
Publication of contract award notice Include decision in the published summary of PSR application annually |
| Category 1B:
Continuation of existing arrangements |
When a range of accredited alternative providers are already available to patients via patient choice routes. For example: elective services led by a consultant, core primary care services where patient choice is exercised at the point of registration | Internal recording of the decision-making process and rationale
Include decision in the published summary of PSR application annually |
| Category 1C:
Continuation of existing arrangements |
When the incumbent is assessed to be doing a good job (in relation to the key decision-making criteria) and the contract is not changing considerably. Please see PSR Threshold for considerable change.
The following key decision-making criteria will apply: · Quality and innovation · Value · Integration, collaboration, and service sustainability · Access, inequalities and disparities and choice · Social value Please see PSR Key decision making criteria for more information |
Internal recording of the decision-making process and rationale
Advance publication notice of the intended approach. Publication of notice of intention to award once an award decision has been undertaken. Run a 30 day stand still period before contract signatures Include decision in the published summary of PSR application annually |
| Category 2:
Using a new provider or for new or substantially changed arrangements |
When:
1. existing arrangements need to change considerably 2. where a new service is being arranged 3. where the incumbent is no longer able and/or no longer wants to provide the service 4. or where the decision-making body wants to use a different provider and considers it can identify a suitable provider without running a competitive procurement process The PSR key decision-making criteria detailed within category 1C will apply |
Internal recording of the decision-making process and rationale
Advance publication notice of the intended approach. Publication of notice of intention to award once an award decision has been undertaken. Run a 30 day stand still period before contract signatures Include decision in the published summary of PSR application annually |
| Category 3:
Competitive Tender |
When:
The decision-making body cannot identify a single provider or group of providers that is most suitable without running a competitive process or wants to test the market. |
Internal recording of the decision-making process and rationale
Publication of a notice for competitive tender Response to Unsuccessful bidders Run a 30 day stand still period before contract signatures Include decision in the published summary of PSR application annually |