1/31/2024 0 Comments Lsl touch timer![]() That said, when this work is done, it is done it ought also to help make the running of the procurement more transparent, and may speed it up. Interestingly, the Government has gone further than the Directive required in applying Regulation 53 to the LTR: the Directive itself did not provide for it to apply to this sort of procurement. This applies equally to LTR procurements and means that, inevitably, efforts to produce as much procurement documentation as possible will front-load their workstream. Regulation 53 of the PCR requires procurers to provide unrestricted and full direct access, free of charge, by means of the internet to the “procurement documents” from the date of the publication in the OJEU of a notice sent for publication at EU level. Wider consultation obligations applying to NHS procurers may mean, in certain instances, that they are required to consult with service users, as opposed to merely having the freedom to do so. Some LTR procurements concern services provided directly to the individual in those instances, there is no reason why soundings need not be taken from service users this may help inform award criteria, specifications, and even the contract itself. Procurers can seek advice from independent consultants and market participants, and can use this information to help plan the procurement provided they take appropriate measures to avoid distortions of competition, discrimination or lack of transparency. There is no reason why this should not be taken advantage of in the LTR context too. The current procurement rules acknowledge the ability of procurers to take soundings from market participants and others prior to advertising the procurement. Talking about the procurement before the procurement We look further at these in the following paragraphs. Potentially, the ability to go beyond the “traditional” lists of mandatory and discretionary exclusion criteria – and to introduce others (as long, of course, as they are relevant, reasonable and proportionate and do not breach equal treatment and transparency).Awarding contracts in lots, and limiting the number of lots which a single supplier can bid for – or even win. ![]() For example, the empowerment of service users, and taking into account their needs, are ostensibly encouraged in that the ability of procurers to do so is specifically referred to. The ability to be creative with award criteria (but linking them to subject-matter of the contract).The ability to talk about the procurement before the procurement – by engaging with the market and relevant stakeholders.NHS commissioners will probably find that the health and health-related services which they procure for their patient populations will almost always come within the LTR – but they should still make absolutely sure by checking Schedule 3.īeside the mandatory aspects of an LTR procurement, procurers enjoy considerable discretion in a number of areas. This means that procurers should first check Schedule 3 of the PCR and make sure that the LTR applies, allowing the flexibilities it affords. The first thing for procurers to check is that the services to be procured do indeed classify as LTR services. How does one know whether the LTR applies to a procurement? For detail of the legislative background and the statutory regime underpinning the LTR, please see our other article here. Some of the points we make are specifically relevant to those procuring health services for the NHS (we flag these) others apply to LTR procurement generally. We look at the practicalities of designing a compliant LTR process and offer some tips and tricks for procurement practitioners faced with running procurements under it for the first time. The so-called “Light Touch Regime” ("LTR”) – the procurement rules applicable to the procurement of health, social and other services listed at Schedule 3 of the Public Contracts Regulations 2015 – has been a feature of the public procurement rules since 26 February 2015 however, from 18 April 2016, it also regulates the procurement by Clinical Commissioning Groups and NHS England of health services for the purposes of the NHS. In the second in a two-part series on the 'Light Touch Regime' in public procurement, Chris Brennan sets out some tips and tricks for designing a compliant process.
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