NHS Procurement (UK)

NHS procurement in the United Kingdom is one of the largest public purchasing systems in Europe, covering everything from surgical consumables and diagnostic equipment to community health services and digital infrastructure. NHS England alone spends over 30 billion pounds annually on goods and services. Understanding the regulatory frameworks, central frameworks, and commissioning pathways is essential for any supplier seeking to work with NHS bodies.

What is NHS Procurement (UK)?

NHS procurement operates across several overlapping frameworks and regulatory regimes.

The UK Procurement Act 2023 replaced the Public Contracts Regulations 2015 for most goods, works, and services contracts above threshold. NHS trusts, foundation trusts, and commissioning bodies are contracting authorities under the Act and must follow its transparency, competition, and award requirements. The Act introduced new obligations around transparency notices, dynamic markets, and assessment summaries sent to unsuccessful bidders.

The Provider Selection Regime (PSR) applies specifically to contracts for the provision of health care services to patients. It operates separately from the Procurement Act for in-scope services and allows commissioners to use direct award routes in certain circumstances. Suppliers pursuing PSR contracts need to understand which route the commissioner is following.

NHS Supply Chain is the central purchasing body for clinical and non-clinical goods, operating national frameworks that NHS bodies can call off without running their own competitions. Frameworks cover medical devices, pharmaceuticals, healthcare supply chain consumables, and estates products.

Integrated Care Boards (ICBs) are the commissioning bodies responsible for planning and purchasing healthcare services in local areas. ICBs hold substantial budgets and procure services ranging from community nursing to mental health support.

The Find a Tender Service (FTS) replaced OJEU notifications for UK contracts after Brexit. Suppliers must monitor FTS alongside NHS-specific portals such as Atamis and the NHS e-Procurement portal for above-threshold contract notices.

Why it matters for bidders

For suppliers, NHS procurement means navigating multiple access points. Being listed on an NHS Supply Chain framework is often a prerequisite for selling clinical products to trusts. For services contracts, understanding whether the PSR or the Procurement Act governs the process determines how competitive processes are structured and what transparency obligations the commissioner must meet.

EU-based suppliers can still compete for NHS contracts above threshold but must comply with UK procurement rules rather than EU Directive 2014/24/EU, and must hold relevant UK product certifications (such as UKCA marking for medical devices) where applicable.

Example

A diagnostics company wishes to supply point-of-care testing equipment to NHS trusts. It first checks whether an existing NHS Supply Chain framework covers its product category. Finding a relevant framework, it applies for framework inclusion at the next refresh. Once listed, individual NHS trusts can purchase via call-off. For a bespoke service contract, the company monitors FTS for above-threshold notices from ICBs and responds to invitations to tender directly.

Frequently Asked Questions

Do EU suppliers face extra barriers after Brexit?

EU suppliers can bid for NHS contracts but must comply with UK procurement law rather than EU directives. The UK Procurement Act 2023 is broadly similar in structure to Directive 2014/24/EU but contains UK-specific provisions. EU suppliers must ensure they can meet UK registration, tax compliance, and, for clinical products, UKCA marking requirements where CE marking is no longer accepted.

What is the difference between NHS Supply Chain and a framework agreement?

NHS Supply Chain is the organisation that manages national catalogue-based purchasing and a portfolio of framework agreements. A framework agreement is the legal instrument that enables call-off contracting. Suppliers can be on NHS Supply Chain frameworks, on Crown Commercial Service health frameworks, or on locally procured ICB frameworks.

Are NHS contracts published publicly?

Yes. Above-threshold contracts must be advertised on the Find a Tender Service. Below-threshold contracts may be advertised on NHS-specific portals or locally. Contract award notices must also be published. The Procurement Act 2023 increases transparency obligations compared to the previous regulations.