Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what due diligence his Department undertakes before the selection of contract delivery partners for major programmes.

The Department must comply with the legal requirements under the Public Contracts Regulations 2015 and, since February 2025, the Procurement Act 2023 in taking forward all procurement exercises leading to the award of a contract to a supplier. Compliance is managed by a professional procurement official within the Department’s Commercial Directorate who is assigned to each procurement exercise.

Business cases following the Government’s standard five-case model, setting out the strategic, economic/value for money, financial, commercial, and management case, are required for all procurements over £5 million. The Department’s Commercial Assurance Board (CAB) considers and approves high value, from £10 million to £30 million of capital or £50 million in revenue, business cases or high-risk commercial cases across the Department and its Arms’ Length Bodies. In addition, the CAB acts as commercial ‘keyholders’ for the business cases presented to the committees below, ensuring that commercial factors are considered when recommendations are made by:

• the Department of Health and Social Care Investment Committee;
• the Joint Department of Health and Social Care and NHS Investment Committee;
• the Joint Investment subcommittee; and
• the Digital Investment subcommittee.

Suppliers are invited to bid for contracts using the standard contract terms and conditions in use by the Department and across the Government. These include intellectual property (IP) clauses which grant the buyer a licence to use the supplier’s IP in the context of receiving and benefiting from the deliverables being bought. These typically allow sub-licensing under certain conditions and restrictions designed to avoid unfair exploitation of supplier IP. Standard terms and conditions are available on the GOV.UK website. By submitting a bid, suppliers are accepting the Department’s standard terms and conditions as set out above.