We have wanted to use the standard NHS contract for an health services pilot with a duration of 6 months. However our SHA now informs us that the use of the standard NHS contract for community services (bilateral) contract for AWP pilots of less than a one year duration appears inappropriate as the termination provisions in clause 35 are: 12 months for termination without a stated reason, 3 months for failure to agree an Operating Framework type variation or 6 months for failure to agree a service variation (having been through the variation procedure). These are all mandated terms, and cannot be varied under clause 38.2.2. Technically therefore the contract is unsuitable.

Does anyone know if there is an alternative contract format for a short term pilot agreement or is this something that will have to be developed?

Further focus has been given to this situation as we are also recipients of grant funding which enables us to run small projects with one or more of our local authorities, like obesity awareness. While the PCT is not receiving DH funds for these projects, the PCT is nevertheless custodian of the grants/funds. As such we have to follow due process and apply our normal governance arrangements. However, we run into the same “less than one year” situation with the standard NHS contract as these projects in the main run for 3 to 6 months.

We are as yet to find a suitable alternative.

This also has an effect on our ability to become World Class Commissioners as we are currently unable to commission anything with a contract duration of less than 1 year.

John Halsted
john.halsted@berkshire.nhs.uk