Clause 69 - Procurement regulations
Amendment proposed: 72, in page 64, line 1, at end insert—
“(3A) The regulations must make provision in relation to the procurement of the services referred to in paragraph (1)(a) (other than primary medical services, primary dental services and primary ophthalmology services) that before any contract for a service with an annual value in excess of £5m may be awarded to an organisation that is not an NHS trust or NHS foundation trust—
(a) the business case for the award of the contract must be published;
(b) any responses to the proposal in the business case must be considered and published;
(c) the process for awarding the contract must be open and transparent and non-discriminatory at every stage, including (but not limited to)—
(i) procurement strategy and plan,
(ii) invitation to tender,
(iii) responses to invitations,
(iv) evaluation of tenders,
(v) decision to award, and
(vi) contract awarded;
(d) the process for awarding the contract must demonstrate due regard to the principles established in the Public Contracts Regulations 2015 (S.I.2015/102) or any regulations which may supersede them;
(e) in any case where it is claimed that an emergency justifies an award without the process being used then the responsible body must within 14 days publish the business case for the award of the contract and the record of the decision.”—(Justin Madders.)