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NHS terms and conditions for the procurement of goods and non-clinical services

This page sets out the terms and conditions that apply to the provision of goods and non-clinical services to the NHS in England.

The NHS terms and conditions for the supply of goods and the provision of services guidance defines which version should be used and must be read first prior to any of the attached terms and conditions being used.

Purchase order terms and conditions

• Supply of goods
• Provision of services
• Combined supply of goods and provision of services

Applicable terms

Where one of the NHS terms and conditions set out above are used, the contract is formed when the purchase order is issued to the supplier by the NHS organisation.

Please note that where the NHS organisation has specified in writing that other terms and conditions apply (to include where there is or will be a signed contract and/or where the purchase is under an existing framework agreement), then the purchase order is placed with the supplier subject to the application of such other terms and conditions. This forms the contract under which any goods and/or services referred to in the purchase order are to be provided by the supplier to the NHS organisation.

By starting to fulfil a purchase order placed by an NHS organisation that is on one of the terms set out above, suppliers confirm their agreement to contracting on the above terms and conditions.

Establishment of a framework agreement terms and conditions

• Supply of goods
• Provision of services
• Combined supply of goods and provision of services

Contract terms and conditions

• Supply of goods
• Provision of services
• Combined supply of goods and provision of services

Other information

• The summary of key changes (found in the main guidance document) set out the main differences in the terms and conditions to enable users to understand the key developments.
• A data protection protocol with model clauses to aid with the tailoring of contracts where either the supplier will be processing personal data, the parties will be acting as joint controllers or where parties may be sharing personal data as independent controllers.
• The pre-acquisition questionnaire used by NHS organisations involved in the planning and procurement of medical devices.

Application

These documents supersede and replace previous terms and conditions provided by NHS England or the Department of Health and Social Care in relation to non-clinical NHS procurements. These terms and conditions apply from 23 September 2022.

Contracts for healthcare services

This guidance does not apply to contracts for healthcare services.

For non-primary healthcare services and for sub-contracted services, please see the NHS standard contract and the NHS sub-contract.

For primary healthcare services, please see the relevant contract in our primary care pages.