Procurement do’s and don’ts for CCGs and GP Practices and AffiliationsAre you aware of your obligations?

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What should you be considering when it comes to complying with procurement rules and regulations?• Each CCG is required to comply with its

standing financial instructions, or equivalent (SFIs).

• As statutory bodies governed by public law, CCGs are also required to comply with public procurement law and statutory guidance issued by central government.

• For procurements that will (or are likely to) exceed the threshold(s) in the EU Directives, an EU compliant procurement process should be undertaken.

• For CCGs, the threshold for procuring supplies or services is £164,176 (ex VAT). This is the aggregated value (i.e. the total contract value, not just an annual value).

• CCGs may be able to utilise a negotiated procedure (without prior publication in the OJEU) to award a contract to a supplier, but only in limited circumstances.

• Existing contracts can be modified but only in line with the Regulations (known as permitted changes).

• CCGs must ensure that technology procurements comply with all relevant NHS and Government Digital Service standards.

• CCGs should ensure that they seek advice/support from a procurement delivery partner.

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What about frameworks and waivers?

• There may be an existing framework agreement available which can allow for a simplified and legally compliant procurement process (or even a direct award to a single supplier) for contracts above the EU procurement threshold.

• For a below EU threshold procurement, SFIs will require a competitive process, but SFIs normally include a waiver provision to allow for (justified) awards without the need to undertake a competitive process.

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Are there are any special considerations for GP Practices and practice affiliations?• GP Practices and practice affiliations

are private contractors, not public authorities.

• Generally, they do not fulfil the legal test for a body governed by public law and are not subject to the requirements of the Public Contracts Regulations 2015.

• NHS England expect that in disbursing public funds, GP practices and practice affiliations adopt robust procedures and processes in relation to procurement practice.

A set of Procurement Principles have been developed for ETTF Technology schemes, where the procuring organisation is a GP practice or number of GP practices working together as legally constituted practice affiliations (“practice affiliations”). These cover:

• Accountability• Competitive Supply• Transparency• Efficiency• Equity• Integrity• Informed decision-making• Legality

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Please contact NHS England at

england.digitalprimarycare@nhs.net if you would like

further information, or would like to speak to someone

about accessing procurement advice and guidance.

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