Procurement in a Nutshell – Provider Selection Regime: Independent Panel: Decision CR0029-25
19th December, 2025
This Nutshell will discuss the Panel's recommendations following its review of NHS Buckinghamshire, Oxfordshire and Berkshire West Integrated Care Board's (BOB ICB) competitive procurement for an award to provide Mandatory Dental Services in Oxfordshire.
The Provider Selection Regime (PSR), set out in the Health Care Services (Provider Selection Regime) Regulation 2023, came into force on the 1st January 2024.
The PSR removes the procurement of health care services from the scope of the Procurement Act 2023, which came into effect from the 24th February 2025.
The PSR applies to NHS England, Integrated Care Boards, NHS Trusts, NHS Foundation Trusts, local authorities and combined authorities when they are procuring relevant healthcare services.
To access the full decision, please click here.
Background
The Independent Procurement Panel (the Panel) provides advice under the PSR to relevant authorities in circumstances where a provider is aggrieved by an award decision, and the provider believes the PSR Regulations have not been complied with.
The role of the Panel is to provide independent expert advice (as referred to in Regulation 23 of the PSR Regulations) and publish this advice for each review it undertakes.
Relevant authorities should note that, while the advice of the Panel is not legally binding, it is highly persuasive.
The facts
On the 11th September 2025, Bloxdent Limited (Bloxdent) asked the Panel to advise on the selection of a provider by BOB ICB for mandatory dental services in Oxfordshire.
On the 14th April 2025, BOB ICB published an intention to award notice announcing Bloxdent as the successful bidder. However, before the standstill period ended, Haddenham (an unsuccessful bidder) made representations to BOB ICB about the provider selection process for the Cherwell East (Lot 5) contract, raising concerns about the evaluation of responses to questions regarding mobilisation of the service, staffing structure and workforce.
In response, BOB ICB told bidders it had decided to re-evaluate responses to the bid. After re-evaluation, Heddenham now ranked first and Bloxdent ranked second. Bloxdent raised concerns with BOB ICB about the provider selection process after being told Heddenham were now the preferred bidder.
The decision
The Panel concluded that BOB ICB had breached the PSR Regulations in several ways:
- BOB ICB had not kept any record for its reasons to re-evaluate; therefore, they were in breach of PSR Regulation 24(g).
- BOB ICB had not provided sufficient reasons to Bloxdent when communicating its ‘further decision’ and as such, were in breach of PSR Regulation 12(6).
- BOB ICB had not provided a sufficient response to Bloxdent’s request for information about its ‘further decision’ breached PSR Regulation 12(4)(b) which requires commissioners to promptly respond.
- Finally, BOB ICB had treated Bloxdent and Haddenham differently when responding to their representations without any apparent justification for the difference in treatment breached the PSR Regulations to act fairly.
The Panel identified the series of breaches may have had a material effect on BOB ICB’s section of a provider; therefore, they found it necessary to return to an earlier step in the provider selection processes (step 4) so the breaches should be rectified. Essentially, this meant returning to the stage of re-evaluating providers.
What does this mean?
This case makes it clear that:
- It is vital that commissioners keep a record of reasons for things like its ‘further decisions’ and these reasons must be sufficiently justified.
- Communication must be sufficiently clear and prompt.
- Discretion in the tendering process is permitted, but must still adhere to the PSR underlying principles of fairness.
For further information please contact Melanie Pears or Tim Care in our Public Sector Team.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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