Supplier Code of Practice

The purpose of this code of practice is to highlight the role and responsibilities of suppliers to NHS organisations in preventing fraud, bribery and corruption in the procurement of goods and services.

This code of practice provides direction and instruction to those intending to engage or do business with the Trust (hereafter referred to as “The Trust”) or Simply Serve Limited (SSL). This includes:

• Suppliers
• Organisations
• Contractors/sub-Contractors
• Vendors
• Providers
• Partners
• Agents

Note: For ease, the term ‘suppliers’ is used throughout this document, however this should be interpreted to include any of the third parties listed above

The Supplier Code of Practice is intended to complement Trust and SSL policies, procedures and guidance documents to ensure that everyone is aware of the standards, requirements and behaviours expected.

Complying with this code of practice promotes the public service values which underpin the work of the NHS and reflects its core values and behaviours. Suppliers play an important role in the delivery of goods and services necessary for patient care. Preventing any potential fraud ensures that NHS resources can continue to be used for their intended purpose – patient care.

Please also refer to the ‘Golden Rules’ available at end of this page.

Public procurement in the UK is directed by the EU trade-UK Trade and Cooperation Agreement, Procurement Act 2023 and the UK Public Contract Regulations 2015 (where applicable), and the Provider Selection Regime 2024 (herein referred to as the public procurement framework). This legal framework is provided to ensure public procurement is conducted in a fair and transparent manner. The above requirements must be followed in cases where the value of the procurement is over a specified monetary threshold.

As a supplier delivering a service through the procurement process to the NHS, compliance with the legal framework is compulsory and breaching this could impair your status as a suitable NHS supplier.

Fraud involves acting with dishonest intent and can occur at any point during the procurement lifecycle. It is defined by the Fraud Act 2006, which outlines three different ways of committing the offence:

• fraud by false representation;
• fraud by failing to disclose information;
• fraud by abuse of position

Examples of fraud include the provision of inaccurate information e.g. falsifying qualifications, past performance, references, false certifications and defective pricing (failure to disclose accurate, current and complete pricing data).

The Bribery Act 2010 defines bribery as giving or receiving a financial or other advantage in connection with the ‘improper performance’ of a position of trust or a function that is expected to be performed impartially or in good faith. The term ‘improper performance’ means performance which amounts to a breach of an expectation that a person will act in good faith, impartially, or in accordance with a position of trust. The offering or accepting of bribes is a criminal offence.
Bribery does not necessarily involve cash, in a procurement context; it might involve suppliers offering gifts, hospitality, holidays or other inducements in exchange for preferential treatment.

It is an offence under the Bribery Act 2010 for an organisation to fail to prevent active bribery by not having adequate preventative procedures in place or by failing to prevent persons associated with them from committing active bribery on their behalf. An individual who is found guilty of bribery on indictment may face up to 10 years’ imprisonment and an unlimited fine.

As a Trust we are committed to applying the highest possible standards of ethical conduct and expect those working with us to have a comparable commitment. There is also a requirement that all Trust and SSL policies and procedures will be complied with at all times.

The Trust’s Anti-bribery and corruption statement is available on our website.

Corruption is defined as dishonest or fraudulent conduct by those in power; this typically involves bribery to induce those individuals to abuse their position of power.

Examples include bid rigging, manipulation of specifications and the manipulation of procurement procedures.

The NHS expects suppliers to be vigilant and proactively look for fraud, bribery and corruption risks in their own business.

A conflict of interest can arise at any stage of the procurement process and exists where an individual has an economic or personal interest in a transaction. A conflict of interest can also occur when an employee does not disclose a pecuniary or other personal interest in a contract. This might be perceived to compromise their impartiality and independence in the context of the procurement or contract management process. Possible conflicts of interest include individuals having:

• a direct financial interest
• an indirect financial interest
• a non-financial or personal interest
• a conflict of loyalties.

Anyone doing business with the Trust must comply with the Trust’s Code of Conduct policy and adhere fully to Trust policies.

All suppliers must complete the following as part of the tendering process:

• a statement of Non-Canvassing and Non-Collusion
• a declaration of Conflict of Interest or:
• a ‘Nil return’.

A failure to comply with this requirement will result in exclusion from the procurement process.

Any actual or perceived conflicts, including any personal or family relations associated with the Trust must be declared at the pre-contract stage.

A ‘Nil return’ declaration must be made even if there are no potential conflicts of interest.

All disclosures should be in full and must include the business interests of the family and/or close friends of those involved in the procurement process. Any changes that may arise during the procurement lifecycle and/or during the course of the contract must be declared immediately.

A supplier with a position of influence gained through contracted work must not use that position to unfairly disadvantage any other supplier or reduce the potential for future competition, for example by creating a technical solution that locks in the supplier’s own goods or services.

The Trust strictly prohibits the offer of any gifts, hospitality or other inducements.

Trust and SSL staff are not permitted to accept gifts, hospitality or any other inducement during a procurement process from bidders/potential bidders. This avoids any potential claim of unfair influence, collusion or canvassing. All offers will be declined and will be reported.

The NHS is committed to ensuring that all procurement activity is conducted in an open and transparent manner with both parties displaying the utmost honesty and integrity. The NHS does not tolerate any form of fraudulent or corrupt practices. The NHS expects comparable commitment from all suppliers, who should be fully aware of UK fraud, bribery and corruption legislation.

Suppliers must adhere to the public procurement framework and NHS policies and procedures when participating in any NHS tender exercise. The public procurement framework requires procurement exercises to be completed transparently and fairly. Suppliers should also have their own robust processes in place to ensure that the subcontractors in their supply chain are fully compliant. Suppliers should not share specifications and detailed costs, and they should report any concerns if it is suspected that other suppliers are working together.

As a supplier you should always ask yourself:

• Is it legal?
• Does it feel right and fair?
• Am I comfortable with it?
• Is it something that may be portrayed negatively in the media?
• If my actions were made public would they be represented in a positive way?

If you suspect that fraud, bribery or corruption has occurred, immediate action is crucial. Act immediately by alerting the Trust or by contacting the NHS Counter Fraud Authority. You should also ensure compliance with your own organisation’s whistleblowing policies and procedures.

Concerns should be reported to the Trust’s Local Counter Fraud Manager (see contact details) or to the Counter Fraud Authority online or through the NHS Fraud and Corruption Reporting Line 0800 028 4060 (powered by Crimestoppers). All reports are treated in confidence, and you have the option to report anonymously.

Local Counter Fraud Manager

Aimee Newton, Counter Fraud Manager

Aimee.Newton@SomersetFT.nhs.uk
Tel: 01935 384106 or  07867 526312

Procurement department

Email: Procurement@SomersetFT.nhs.uk

Tel: 01823 343819

Or Tel: 01935 383032 for Simply Serve Limited

Further information

Counter fraud guidance – NHS Counter Fraud Authority

NHS Counter Fraud Authority website

The Trust appreciates the role that current and potential suppliers play in supporting health practitioners in providing safe, effective and economic products, services and care. We work closely with suppliers to deliver high quality healthcare services and to facilitate this, the Trust have issued the following ‘Golden Rules’.

• The Trust Procurement Department is the first point of contact for all current, new and potential suppliers.
• ‘Cold Calling’ or making appointments to visit Wards/Departments is strictly prohibited.
• Whilst on site, all supplier/company staff must wear an ID badge with their name and company clearly visible.
• Suppliers and their representatives are required to comply with all applicable Trust policies, e.g. Infection Control, Health and Safety, Smoking, Parking, Equality, Diversity and Human Rights, Mobile Phone usage and Standards of Business Conduct including the Bribery Act 2010. These are clearly displayed around the hospital, site or are available on request from the relevant Procurement Department. Should any emergency situation arise whilst on a hospital site, all external representatives must obey instructions given to them by Trust Staff.
• Suppliers or their representatives should be aware that any order or commercial agreement made (verbal, telephone, written) will not be valid or binding unless accompanied by an official Purchase Order. The Trust will not make payment for unauthorised purchases which fail to comply with this agreement.
• Price/commercial discussions can only be conducted in conjunction with the Procurement Department.
• Trust Staff must not be offered samples of products unless by prior agreement with the Procurement Department.
• Business gifts (other than items of very small intrinsic value such as diaries or calendars) must not be offered and will not be accepted by Trust Staff.
• Prior to loaning Medical Equipment, suppliers must comply with Trust Medical Equipment Management procedures. Please contact the Clinical Procurement Team on 01823 343618 for Musgrove and 01935 383032 for Yeovil District Hospital who will provide guidance and support.
• Ensure professionalism, respect and courtesy are shown and reciprocated at all times.

The Trust and/or SSL reserves the right to exclude any potential/existing supplier or provider from a procurement process or withdraw from a contractual arrangement if the requirements contained within this document are not met in full.

September 2025