The Health Services (Provider Selection Regime) (Wales) Regulations 2025

Conflicts of interest

27.—(1) This regulation applies where a relevant authority conducts a procurement process under these Regulations.

(2) A relevant authority must take appropriate measures to effectively prevent, identify and remedy conflicts of interest arising in the conduct of procurement processes under these Regulations.

(3) For the purposes of paragraph (2), a conflict of interest includes any situation where an individual has, directly or indirectly, a financial, economic, or other personal interest which might be perceived to compromise their impartiality and independence in the context of the procurement process.

(4) Where an individual has a conflict of interest in the conduct of a procurement process, such individual is required to recuse themselves from that procurement process.

(5) If either or both conditions in paragraph (6) apply—

(a) the individual is not required to recuse themselves, under paragraph (4), from the procurement process, and

(b) a relevant authority must take all reasonable steps to ensure that the conflict of interest does not put a provider at an unfair advantage or disadvantage in the procurement process.

(6) The conditions are—

(a) the individual is the only person with expertise in an area that requires assessing under the contract or framework award criteria;

(b) the individual is the only person with the appropriate qualifications or knowledge available to act in a procurement process.

(7) Reasonable steps may include requiring a provider to take reasonable steps to ensure that any conflict of interest identified does not put the provider at an unfair advantage or disadvantage in the procurement process.

(8) Paragraph (9) applies if a relevant authority considers that—

(a) a conflict of interest puts a provider at an unfair advantage in a procurement process, and

(b) the provider will not take reasonable steps that the relevant authority considers are necessary to ensure a provider is not put at an unfair advantage.

(9) The relevant authority must—

(a) treat the provider as an excluded provider in the procurement process for the purpose of—

(i) awarding a contract under regulation 8 (direct award process 1) or regulation 9 (direct award process 2),

(ii) assessing any potential providers identified under regulation 10 (most suitable provider process), or

(iii) assessing any offers received under regulation 11 (competitive process);

(b) exclude the provider from the procurement process.

(10) Before excluding a provider under paragraph (9), a relevant authority must—

(a) notify the provider of its intention, and

(b) give the provider reasonable opportunity to take the reasonable steps the relevant authority considers are necessary to ensure a provider is not put at an unfair advantage.

(11) Paragraph (9) does not apply where the relevant authority considers awarding a contract to or concluding a framework agreement with such a provider is necessary to protect public health.