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Health and Social Care Tendering in England, Scotland and Wales: Key Differences for Bid Teams

Health and social care procurement across Great Britain is not a single market operating under one set of rules. Bid teams working across England, Scotland and Wales need to understand different legislation, commissioning structures, procurement platforms and policy priorities.

This guide explains the practical differences that matter when deciding whether to bid, developing your response strategy and preparing evidence.

Why nation-specific tender knowledge matters

A strong care tender response cannot simply be written for an English opportunity and lightly adapted for Scotland or Wales.

The fundamentals of good bidding remain the same: compliance, evidence, outcomes, deliverability and value. However, the procurement context surrounding those requirements changes significantly.

Differences can affect:
  • the legislation governing the procurement;
  • the organisation commissioning the service;
  • the procurement portal used;
  • terminology in the tender documents;
  • community benefit or social value expectations;
  • workforce commitments;
  • regulatory references;
  • evaluation criteria; and
  • the type of evidence evaluators expect.
For multi-nation providers, your bid library should therefore contain nation-specific material rather than one generic UK response bank.

England: a split procurement landscape

England presents a particularly important distinction between NHS healthcare procurement and wider public procurement.

The Procurement Act 2023

The Procurement Act 2023 came into force on 24 February 2025 and now governs most public procurement in England, Wales and Northern Ireland.

Health, social and related services appear within the light-touch services regime under the Procurement Regulations 2024. The Act gives contracting authorities greater flexibility when designing procedures for light-touch contracts and specifically allows consideration of issues such as individual service-user needs and proximity of providers to recipients.

For adult social care bid teams, this means the commercial structure of a procurement may vary considerably between authorities.

You may encounter:
  • competitive flexible procedures;
  • framework agreements;
  • open frameworks;
  • dynamic markets;
  • light-touch competitions;
  • call-offs from existing arrangements; and
  • locally designed provider-selection processes.
NHS healthcare services and the Provider Selection Regime

Healthcare services commissioned for the NHS by relevant authorities operate differently.

The Health Care Services (Provider Selection Regime) Regulations 2023 have applied since 1 January 2024. They cover relevant healthcare services commissioned by NHS England, Integrated Care Boards, NHS trusts, NHS foundation trusts and certain local or combined authorities.

Where the Provider Selection Regime applies, those healthcare services are outside the Procurement Act 2023 regime.

The PSR provides several routes, including:
  • direct award processes;
  • the Most Suitable Provider Process; and
  • competitive processes.
This distinction is critical. A bid team should establish at opportunity review stage whether the requirement is:
  • an NHS healthcare service within the PSR;
  • a social care or other service under the Procurement Act; or
  • a mixed requirement requiring closer analysis.
Do not assume that every NHS-related opportunity follows the same procurement route.

Key English commissioning bodies

Depending on the service, commissioners may include:
  • local authorities;
  • Integrated Care Boards;
  • NHS England;
  • NHS trusts;
  • NHS foundation trusts;
  • combined authorities; and
  • collaborative commissioning arrangements.
For adult social care, the local authority remains especially important.

England bid-writing implications

Bid teams should establish early:
  • whether the PSR or Procurement Act applies;
  • whether the contract is a light-touch contract;
  • whether there is a framework, open framework or dynamic market;
  • which regulator applies;
  • whether social value is evaluated;
  • whether mobilisation requires TUPE;
  • what local market-sufficiency challenges exist; and
  • whether the authority is seeking primary, reserve or supplementary capacity.
For regulated adult social care, CQC evidence should normally be tailored to the specific regulated activity rather than inserted as a generic compliance paragraph.

Scotland: a separate procurement regime

A common mistake is to assume that the Procurement Act 2023 also replaced Scotland's procurement legislation.

It did not.

Scottish public procurement continues to operate principally under legislation including:
  • the Procurement Reform (Scotland) Act 2014;
  • the Public Contracts (Scotland) Regulations 2015; and
  • the Procurement (Scotland) Regulations 2016.
Scottish Government statutory guidance specifically recognises that health and social care procurement requires special consideration because service quality and continuity can significantly affect people's health, wellbeing and quality of life.

Care and support procurement in Scotland

Scottish guidance places substantial emphasis on ethical commissioning, service-user involvement, human rights, outcomes and the effect of procurement decisions on people receiving care.

The Scottish Government states that procurement officers buying social care should engage with providers and people using services when determining whether a new procurement is required.

That has practical implications for bidders.

Answers should not focus solely on operational efficiency. They should show how the proposed model protects:
  • continuity;
  • choice;
  • individual outcomes;
  • dignity;
  • human rights;
  • workforce stability; and
  • personalised support.
Self-directed support is another important part of the Scottish context. Current statutory guidance stresses that procurement approaches should preserve people's ability to self-direct their support and avoid unnecessarily reducing provider choice.

Public Contracts Scotland

Public Contracts Scotland is a major opportunity-discovery platform for Scottish public bodies.

Suppliers can register free of charge, search opportunities, download documentation and receive alerts. Buyers using the platform include councils, NHS bodies and other public organisations.

Bid teams operating in Scotland should therefore maintain appropriately configured PCS alerts rather than relying exclusively on UK-wide searches.

Scotland Excel

Scotland Excel operates collaborative frameworks for Scottish local government and has a significant social care portfolio.

For example, its fostering and continuing care framework supports local authorities purchasing placements from independent and voluntary sector providers.

When assessing the Scottish pipeline, check both individual authority opportunities and collaborative arrangements.

Scotland bid-writing implications

Look carefully for:
  • Fair Work First requirements;
  • community benefit commitments;
  • sustainable procurement requirements;
  • ethical commissioning principles;
  • personalisation and self-directed support;
  • Care Inspectorate requirements;
  • local Integration Joint Board or Health and Social Care Partnership priorities; and
  • Scottish terminology used within the specification.
Do not simply replace "CQC" with "Care Inspectorate". The policy and commissioning context should also change.

Wales: Procurement Act plus distinctly Welsh policy priorities

Wales operates under the Procurement Act 2023 alongside the Procurement (Wales) Regulations 2024.

These arrangements came into force on 24 February 2025, and procurements started after that date must also take account of the relevant Welsh Procurement Policy Notes.

However, the underlying procurement policy environment is distinctly Welsh.

Socially responsible procurement

The Social Partnership and Public Procurement (Wales) Act 2023 creates a significant additional policy layer.

From 25 March 2026, relevant contracting authorities became subject to the socially responsible procurement duty, requiring them to seek to improve economic, social, environmental and cultural wellbeing through procurement.

Bid teams should therefore expect closer links between procurement commitments and wider Welsh wellbeing objectives.

Welsh Government Commercial Delivery

References to the National Procurement Service require care.

Welsh Government Commercial Delivery, formerly the National Procurement Service, now leads alongside local government on frameworks that were previously within the NPS remit. Collaborative framework information is available through the Wales Collaborative Procurement Hub on Sell2Wales.

Older bid libraries referring exclusively to "NPS Wales" should therefore be reviewed.

NHS Wales procurement

NHS Wales Shared Services Partnership Procurement Services provides procurement support across NHS Wales Health Boards and Trusts.

Its model includes both local procurement teams and wider sourcing arrangements, enabling aggregation and All-Wales contracting where appropriate.

For NHS-related opportunities in Wales, this is an important structural difference from the English ICB model.

Wales bid-writing implications

Bid teams should consider:
  • Welsh Procurement Policy Notes;
  • socially responsible procurement objectives;
  • the Well-being of Future Generations framework where relevant;
  • Welsh language requirements;
  • local community outcomes;
  • workforce and fair work considerations;
  • CIW requirements for regulated social care;
  • Sell2Wales opportunity monitoring; and
  • NHS Wales Shared Services Partnership where NHS procurement is involved.
Welsh language commitments should also be operational rather than decorative. If the specification requires bilingual access, explain how recruitment, communications, documentation and service-user choice will support it.

England, Scotland and Wales at a glance
Five mistakes multi-nation bid teams should avoid

1. Copying regulatory wording between nations
A CQC-focused answer is not automatically suitable for Scotland or Wales. Rebuild the regulatory paragraph around the appropriate regulator, standards and local specification.

2. Using identical social value commitments everywhere
Local relevance matters. A generic promise to create apprenticeships is weaker than a measurable commitment linked to the authority's published priorities and the workforce realities of the contract.

3. Ignoring nation-specific procurement terminology
Using outdated or incorrect terminology suggests that the response has been recycled. Mirror the language used by the buyer.

4. Treating every NHS opportunity as an ordinary competitive tender
In England particularly, establish whether the Provider Selection Regime applies before developing the bid strategy.

5. Starting with the method statement instead of the commissioning context
Read the commissioning strategy, market-position statement, procurement documents and relevant local policies before writing. The strongest response normally explains not just what the provider will do, but why the proposed approach fits this particular commissioning environment.

Practical bid-team checklist

Before writing a cross-border health or social care bid, confirm:
  • Which nation's procurement rules apply?
  • Who is the commissioning body?
  • Which regulator applies?
  • What portal or framework is being used?
  • What local commissioning priorities are referenced?
  • Which procurement regime applies to this specific service?
  • What social value, community benefit or wellbeing requirements apply?
  • Are there Fair Work or workforce-specific requirements?
  • Are bilingual service requirements relevant?
  • What terminology does the buyer use?
  • Does the bid library contain genuinely nation-specific evidence?
  • Have all legacy legal and regulatory references been removed?
Final takeaway

England, Scotland and Wales share many of the same care-delivery challenges, but their procurement environments are not interchangeable.

Experienced bid teams gain an advantage by identifying the applicable procurement regime first, then shaping the response around the commissioning body's regulatory, workforce, community and service-delivery priorities.
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