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Awarding contracts through NHS CPC frameworks

Awarding contracts through NHS CPC frameworks

Our frameworks provide public sector organisations with compliant routes to source goods, services and works from appointed suppliers.

The process for awarding a contract under a framework depends on the procurement rules under which the framework was established and, importantly, the award procedure set out in the individual framework agreement.

Our frameworks may operate under one of three procurement regimes:

Public Contracts Regulations 2015 (PCR 2015)
Procurement Act 2023 (PA23)
Health Care Services (Provider Selection Regime) Regulations 2023 (PSR)

Important: Different rules apply under each regime. Before starting an award process, check which regime applies to the framework you intend to use and review the framework-specific customer guidance.

Before you start

Before awarding a contract through one of our frameworks, check that:

Your organisation can use the framework.
The framework covers what you need to buy, including the relevant lot (a category within the framework), if applicable.
The suppliers you are considering are listed on the relevant framework or lot.
The framework is still open for use.
You know which methods you can use to award a contract.
You have read the framework’s ordering process, the criteria for awarding a contract and the customer guidance.
You know what information you must make public, which notices you must publish and what records you must keep.

Award routes vary between frameworks. An award method available under one NOE CPC framework should not be assumed to be available under another.

Which procurement regime applies?

The applicable procurement regime will usually depend on when and how the framework was established. For healthcare services, customers must also consider whether the procurement falls within the scope of the PSR.

Public Contracts Regulations 2015

Framework agreements established under PCR 2015 continue to operate under those rules where the relevant transitional arrangements apply. Customers may continue to award call-off contracts under those frameworks in accordance with Regulation 33 and the terms of the individual framework agreement.

For PCR 2015 frameworks, the ordering procedure will generally provide for one or more of the following routes:

Direct award

Where all the terms governing the provision of the requirement are laid down in the framework, a contract may be awarded without reopening competition where the framework permits this.

The customer must apply the direct award methodology specified within the framework. This could, for example, involve supplier ranking, catalogue pricing or another pre-defined mechanism.

Further competition

Where the framework provides for further competition, eligible framework suppliers are invited to compete for the customer’s specific requirement.

The further competition must be run in accordance with the framework agreement, including the applicable award criteria and any rules governing how those criteria may be refined.

Procurement Act 2023

The Procurement Act 2023 applies to frameworks established under the new procurement regime. The Act generally describes these arrangements as frameworks rather than framework agreements. Sections 45 to 49 contain the main provisions relating to frameworks and open frameworks.

Competitive selection

Under PA23, the general position is that contracts are awarded under a framework following a competitive selection process. The framework must set out the selection process that applies, and customers must follow the procedure contained within the individual framework.

A competitive selection process may include conditions of participation relating to a supplier’s legal and financial capacity or technical ability, provided the statutory requirements are satisfied.

Award without competition

A framework may allow a contract to be awarded without competition where:

- Only one supplier is party to the framework.
- The framework sets out the core terms of the contract and an objective mechanism for selecting the supplier.

The customer must apply the objective selection mechanism contained within the framework. Appointment to a framework does not, by itself, mean that a supplier can automatically receive a contract without competition.

Open frameworks

PA23 also introduced open frameworks. An open framework is a scheme of successive frameworks awarded on substantially the same terms, allowing the arrangement to be reopened to suppliers at specified points. Where you are using an NOE CPC open framework, check the framework-specific guidance for the applicable award procedure.

Provider Selection Regime

The PSR is a separate procurement regime for relevant healthcare services in England. It applies to the arrangement of healthcare services by relevant authorities. It does not generally apply to the procurement of goods or non-healthcare services, except where the mixed procurement provisions apply.

Healthcare services within the scope of the PSR were removed from PCR 2015 when the PSR came into force on 1 January 2024.

The PSR provides several routes for selecting providers:

Direct Award Process A
Direct Award Process B
Direct Award Process C
Most Suitable Provider Process
Competitive Process

Each route has specific requirements relating to its use, decision making, transparency and record keeping.

Where an NOE CPC framework covers healthcare services within the scope of the PSR, customers should follow the award arrangements set out in the framework alongside the requirements of the PSR and NHS England statutory guidance.

Choosing the right award route

Check the requirement: Confirm that your requirement is within the scope of the NOE CPC framework you intend to use.
Identify the applicable regime: Check whether the framework operates under PCR 2015, PA23 or the PSR.
Check the framework ordering procedure: Identify which award routes the framework makes available for your requirement.
Select the appropriate route: Depending on the framework, this might include direct award or award without competition, further competition under PCR 2015, competitive selection under PA23, or an applicable provider selection process under the PSR.
Follow the framework rules: Use the process, award criteria, selection methodology and documentation specified within the framework.
Keep an appropriate audit trail: Record the basis for your chosen award route and award decision, and complete any applicable transparency or notice requirements.

Direct award does not mean unrestricted supplier choice

Where a framework permits a contract to be awarded without competition, customers must still follow the mechanism specified in that framework.

You should not select a preferred framework supplier and then seek to justify a direct award unless the framework rules permit that supplier to be selected for the requirement.

Always check the framework ordering procedure before engaging a supplier about a potential award.

Can a call-off contract continue beyond the framework end date?

In some circumstances, a contract awarded while a framework is available may continue beyond the framework expiry date.

The appropriate duration will depend on the applicable procurement regime, the terms of the framework and the nature of the requirement. Check the individual framework documentation before determining the duration of your contract.

Always check the individual framework

This page provides general guidance only. Each of our frameworks contains its own rules governing how contracts can be awarded. These may include specific requirements covering: