Procurement in a Nutshell: Independent Patient Choice and Procurement Panel: Decision CR0033-25 & CR0034-25
20th March, 2026
This Nutshell will discuss the Panel's recommendations following its review of NHS Bristol, North Somerset and South Gloucestershire Integrated Care Board's (BNSSG) competition for Planned Outpatients Non-Emergency Patient Transport Services (Planned NEPTS) under the provider selection process.
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 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
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 decision
The Panel concluded that BNSSG did not sufficiently assure itself of the integrity of the provider selection process for the Planned NEPTS contract.
The Panel is particularly concerned that BNSSG, before deciding to proceed with awarding the contract to EMED, did not ensure that:
- All of the issues raised by Bidder A’s letter were identified and considered;
- A sufficiently robust review of these issues was presented to, and/or carried out by, the BNSSG Board; and
- The review was potentially compromised as a result of not being independent of the staff involved in the provider selection process.
As a result, the Panel also concluded that BNSSG was unable to assure that the PSR Regulations had not been breached, and as a consequence, the Panel found that BNSSG breached its obligation under Regulation 4(1)(b) PSR regulations to act fairly. Thus, this breach of the PSR regulations potentially had a material effect on the outcome of BNSSG’s provider selection process. Therefore, the Panel advice that BNSSG should return to an earlier step in the provider selection process to rectify these issues.
What does this mean?
This case makes it clear that:
- It is vital that commissioners conduct thorough investigations when concerns or allegations are raised.
- 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.
Procurement and public law update
Procurement and public law update
Date: 24 March 2026
Time: 9.am – 11.30 am
Location: Ward Hadaway, 5 Wellington Place, Leeds, LS1 4AP
Our in-person Procurement and Public Law Update covers the new procurement rules and their increased transparency requirements.
This seminar will look at what those changes have meant in practice since both the new Act and the new NHS regime came into force. We will give practical tips on how to manage procurements now and how to deal with the risks of challenge when the timescales are so tight.
Register here to join this free session with procurement law experts Tim Care and Matthew Brady.
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.
This page may contain links that direct you to third party websites. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.
