Guidance on how to support the Future Operating Model (FOM) and deliver savings to trusts
Updated 30 September 2022
Applies to England
© Crown copyright 2022
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/nhs-standard-terms-and-conditions-of-contract-for-the-purchase-of-goods-and-supply-of-services/guidance-on-how-to-support-the-future-operating-model-fom-and-deliver-savings-to-trusts
Trusts can deliver savings and support the Future Operating Model (FOM) FOM while ensuring they are not inadvertently disadvantaged from accessing savings via the FOM because of committing to a local or regional arrangement direct with a supplier.
The latest version of the standard NHS terms and conditions enables buyers, to add the Termination for Convenience clause (in Schedule 1) which provides the trust the ability to terminate the contract at its convenience.
The Termination for Convenience clause can be included in the standard NHS terms and conditions by checking the box. We would strongly encourage trusts to consider and utilise this clause where considered appropriate. This version of the standard NHS terms and conditions has been through a stakeholder review that included Association of British HealthTech Industries (ABHI) colleagues.
By way of guidance, a clause enabling termination with 90 days’ notice is being inserted into all call-off contract arrangements put in place by NHS Supply Chain that straddle the transition to the FOM Category Tower Service Providers.