This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Health Care Services (Provider Selection Regime) Regulations 2023 No. 1348
Regulation 2(1)
| CPV Code | Description |
|---|---|
| 85100000-0 | Health services |
| 85110000-3 | Hospital and related services |
| 85111000-0 | Hospital services |
| 85111100-1 | Surgical hospital services |
| 85111200-2 | Medical hospital services |
| 85111300-3 | Gynaecological hospital services |
| 85111310-6 | In vitro fertilisation services |
| 85111320-9 | Obstetrical hospital services |
| 85111400-4 | Rehabilitation hospital services |
| 85111500-5 | Psychiatric hospital services |
| 85111600-6 | Orthotic services |
| 85111700-7 | Oxygen-therapy services |
| 85111800-8 | Pathology services |
| 85111810-1 | Blood analysis services |
| 85111820-4 | Bacteriological analysis services |
| 85111900-9 | Hospital dialysis services |
| 85112200-9 | Outpatient care services |
| 85120000-6 | Medical practice and related services |
| 85121000-3 | Medical practice services |
| 85121100-4 | General-practitioner services |
| 85121200-5 | Medical specialist services |
| 85121210-8 | Gynaecologic or obstetric services |
| 85121220-1 | Nephrology or nervous system specialist services |
| 85121230-4 | Cardiology services or pulmonary specialist services |
| 85121231-1 | Cardiology services |
| 85121232-8 | Pulmonary specialists services |
| 85121240-7 | ENT or audiologist services |
| 85121250-0 | Gastroenterologist and geriatric services |
| 85121251-7 | Gastroenterologist services |
| 85121252-4 | Geriatric services |
| 85121270-6 | Psychiatrist or psychologist services |
| 85121271-3 | Home for the psychologically disturbed services |
| 85121280-9 | Ophthalmologist, dermatology, or orthopaedics services |
| 85121281-6 | Ophthalmologist services |
| 85121282-3 | Dermatology services |
| 85121283-0 | Orthopaedic services |
| 85121290-2 | Paediatric or urologist services |
| 85121291-9 | Paediatric services |
| 85121292-6 | Urologist services |
| 85121300-6 | Surgical specialist services |
| 85130000-9 | Dental practice and related services |
| 85131000-6 | Dental-practice services |
| 85131100-7 | Orthodontic services |
| 85131110-0 | Orthodontic-surgery services |
| 85140000-2 | Miscellaneous health services |
| 85141000-9 | Services provided by medical personnel |
| 85141100-0 | Services provided by midwives |
| 85141200-1 | Services provided by nurses |
| 85141210-4 | Home medical treatment services |
| 85141211-1 | Dialysis home medical treatment services |
| 85141220-7 | Advisory services provided by nurses |
| 85142000-6 | Paramedical services |
| 85142100-7 | Physiotherapy services |
| 85143000-3 | Ambulance services |
| 85144000-0 | Residential health facilities services |
| 85144100-1 | Residential nursing care services |
| 85145000-7 | Services provided by medical laboratories |
| 85146000-4 | Services provided by blood banks |
| 85146100-5 | Services provided by sperm banks |
| 85146200-6 | Services provided by transplant organ banks |
| 85148000-8 | Medical analysis services |
| 85149000-5 | Pharmacy services, but not including community pharmacy services that are arranged under The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 (1) |
| 85150000-5 | Medical imaging services |
| 85160000-8 | Optician services |
| 85323000-9 | Community health services, but only in respect of community health services which are delivered to individuals |
| 85312330-1 | Family-planning services, but only insofar as such services are provided to individuals to support sexual and reproductive health |
| 85312500-4 | Rehabilitation services, but only insofar as such services are provided to individuals to tackle substance misuse or for the rehabilitation of the mental or physical health of individuals |
Regulations 7(2)(a), 8(2)(a) and 18(6)(a)
1. A statement that an award has been made, following Direct Award Process A or Direct Award Process B, as the case may be, or a statement that the award is an award based on a framework agreement and made without a competition.
2. The contract title and reference.
3. The name and address of the registered office or principal place of business of the provider to whom the contract has been awarded.
4. A description of the relevant health care services to which the contract relates, including the most relevant CPV code.
5. The lifetime value of the contract or, where it is not known, the amounts payable to the provider under the contract.
6. The dates between which the contract provides for the services to be provided.
7. Details of the award decision-makers.
8. Any declared conflicts or potential conflicts of interest.
9. Information as to how any conflicts or potential conflicts of interest were managed.
Regulation 9(4)
1. A statement that the relevant authority is intending to award a contract to an existing provider following Direct Award Process C.
2. The contract title and reference.
3. The name and address of the registered office or principal place of business of the provider to whom an award is to be made.
4. A description of the relevant health care services to which the contract relates, including the most relevant CPV code.
5. The approximate lifetime value of the contract.
6. Details of the award decision-makers.
7. A statement explaining the award decision-makers’ reasons for selecting the chosen provider, with reference to the key criteria.
8. Any declared conflicts or potential conflicts of interest.
9. Information as to how any conflicts or potential conflicts of interest were managed.
Regulation 9(11)(a)
1. A statement that an award has been made following Direct Award Process C.
2. The contract title and reference.
3. The name and address of the registered office or principal place of business of the provider to whom the contract has been awarded.
4. A description of the relevant health care services to which the contract relates, including the most relevant CPV code.
5. The lifetime value of the contract or, where it is not known, the amounts payable to the provider under the contract.
6. The dates between which the contract provides for the services to be provided.
7. Details of the award decision-makers.
8. Any declared conflicts or potential conflicts of interest.
9. Information as to how any conflicts or potential conflicts of interest were managed.
Regulation 10(3)
1. A statement that the relevant authority is intending to follow the Most Suitable Provider Process to award a contract.
2. The contract title and reference.
3. A description of the relevant health care services to which the contract relates, including the most relevant CPV code.
4. Details of the award decision-makers.
Regulation 10(8)
1. A statement that the relevant authority is intending to award a contract to a provider following the Most Suitable Provider Process.
2. The contract title and reference.
3. The name and address of the registered office or principal place of business of the provider to whom an award is to be made.
4. A description of the relevant health care services to which the contract relates, including the most relevant CPV code.
5. The approximate lifetime value of the contract.
6. Details of the award decision-makers.
7. A statement explaining the award decision-makers’ reasons for selecting the chosen provider, with reference to the key criteria.
8. Any declared conflicts or potential conflicts of interest.
9. Information as to how any conflicts or potential conflicts of interest were managed.
Regulation 10(15)(a)
1. A statement that an award has been made following the Most Suitable Provider Process.
2. The contract title and reference.
3. The name and address of the registered office or principal place of business of the provider to whom the contract has been awarded.
4. A description of the relevant health care services to which the contract relates, including the most relevant CPV code.
5. The lifetime value of the contract or, where it is not known, the amounts payable to the provider under the contract.
6. The dates between which the contract provides for the services to be provided.
7. Details of the award decision-makers.
8. Any declared conflicts or potential conflicts of interest.
9. Information as to how any conflicts or potential conflicts of interest were managed.
Regulation 11(4)
1. The contract or framework agreement title and reference.
2. A description of the relevant health care services to which the contract or framework agreement will relate, including the most relevant CPV code.
3. The intended or estimated dates—
(a)between which the services must be provided and the duration of the contract including potential extensions beyond the initial term; or
(b)of the term of the framework agreement.
4. The approximate lifetime value of the contract or framework agreement.
5. The contract or framework award criteria.
6. Where the notice relates to a proposed framework agreement, the relevant authorities which will be able to use the framework agreement.
7. A statement as to how offers must be made, which must be by electronic means.
8. A statement as to how offers will be assessed, including whether the assessment will be in stages.
Regulation 11(8)(b)
1. The contract or framework agreement title and reference.
2. The contract or framework award criteria.
3. The reasons why the successful provider was successful.
4. The reasons why the unsuccessful provider was unsuccessful.
5. The dates of the beginning and end of the period in which written representations may be made.
Regulation 11(10)
1. A statement that the relevant authority is intending to award a contract to a provider or conclude a framework agreement under the Competitive Process.
2. The contract or framework agreement title and reference.
3. The name and address of the registered office or principal place of business of the provider to whom a contract is to be awarded or with whom a framework agreement is to be concluded.
4. A description of the relevant health care services to which the contract or framework agreement relates, including the most relevant CPV code.
5. Where the notice relates to the conclusion of a framework agreement, the duration of the agreement and the relevant authorities which will be able to use the framework agreement.
6. The approximate lifetime value of the contract or framework agreement.
7. Details of the decision-makers.
8. A statement explaining the decision-makers’ reasons for selecting the chosen provider, with reference to the key criteria.
9. Any declared conflicts or potential conflicts of interest.
10. Information as to how any conflicts or potential conflicts of interest were managed.
11. Where appropriate, an indication whether a framework agreement was used.
Regulation 11(17)(a)
1. A statement that the award follows a competition under the Competitive Process.
2. The contract or framework agreement title and reference.
3. The name and address of the registered office or principal place of business of the provider to whom the contract has been awarded or with whom a framework agreement has been concluded.
4. A description of the relevant health care services to which the contract or framework agreement relates, including the most relevant CPV code.
5. Where the notice relates to the award of a contract, the lifetime value of the contract or, where it is not known, the amounts payable to the provider under the contract.
6. Where the notice relates to the conclusion of a framework agreement, the duration of the framework agreement, the relevant authorities which will be able to use the framework agreement and the lifetime value of the framework agreement.
7. Where the notice relates to the award of a contract, the dates between which the contract provides for the services to be provided.
8. Details of the decision-makers.
9. Any declared conflicts or potential conflicts of interest.
10. Information as to how any conflicts or potential conflicts of interest were managed.
Regulation 13(5)(b)
1. The contract or framework agreement title and reference.
2. A description of the relevant health care services to which the contract or framework agreement relates, including the most relevant CPV code.
3. The effective date of the modification.
4. A brief description of the modification.
5. Any change in the lifetime value of the contract or framework agreement.
6. Any change in the term length of the contract or framework agreement.
7. Details of the decision-makers.
8. Any declared conflicts or potential conflicts of interest.
9. Information as to how any conflicts or potential conflicts of interest were managed.
Regulation 14(5)(b)
1. A statement that in the view of the relevant authority the award was urgent.
2. The contract title and reference.
3. The name and address of the registered office or principal place of business of the provider to whom the contract has been awarded.
4. A description of the relevant health care services to which the contract relates, including the most relevant CPV code.
5. The lifetime value of the contract or, where it is not known, the amounts payable to the provider under the contract.
6. The dates between which the contract provides for the services to be provided.
7. The reasons for the dates referred to in paragraph 6, if that period is greater than 12 months.
8. Details of the decision-makers.
9. Any declared conflicts or potential conflicts of interest.
10. Information as to how any conflicts or potential conflicts of interest were managed.
11. The reasons why regulation 14 applied.
Regulation 14(5)(c)
1. A statement that in the view of the relevant authority the modification was urgent.
2. The contract title and reference.
3. A description of the relevant health care services to which the contract relates, including the most relevant CPV code.
4. The effective date of the modification.
5. The nature of the modification, including any change in contract value or the length of contract.
6. Details of the decision-makers.
7. Any declared conflicts or potential conflicts of interest.
8. Information as to how any conflicts or potential conflicts of interest were managed.
9. The reasons why regulation 14 applied.
Regulation 18(8)
1. A description of the relevant health care services to which the contract relates, including the most relevant CPV code.
2. The contract award criteria.
3. The intended or estimated dates between which the services must be provided and the duration of the contract including potential extensions beyond the initial term.
4. The approximate lifetime value of the contract.
Regulation 19(3)
1.—(1) The basic selection criteria which must be met by a provider may relate to—
(a)suitability to pursue a particular activity;
(b)economic and financial standing;
(c)technical and professional ability.
(2) A relevant authority may impose on providers as requirements only the criteria referred to in this Schedule.
(3) A relevant authority must limit any requirements to those that are appropriate to ensure that a provider has the legal and financial capacities and the technical and professional abilities to perform the contract to be awarded.
(4) All requirements must be related and proportionate to the subject-matter of the contract or framework agreement.
2. In so far as a relevant authority determines that providers have to possess a particular authorisation or to be members of a particular organisation in order to be able to perform in their country of origin the service concerned, a relevant authority may require a provider to prove that they hold such authorisation or membership.
3.—(1) With regard to economic and financial standing, a relevant authority may impose requirements ensuring that a provider possesses the necessary economic and financial capacity to perform the contract or perform contracts based on the framework agreement.
(2) In particular, a relevant authority may require that a provider—
(a)has a certain minimum yearly turnover, including a certain minimum turnover in the services covered by the contract,
(b)provides information on its annual accounts showing, for example, the ratios between assets and liabilities, and
(c)has an appropriate level of professional risk indemnity insurance.
(3) The minimum yearly turnover that a provider is required to have must not exceed twice the estimated contract or framework agreement value unless the relevant authority is satisfied that a higher minimum is appropriate and proportionate to the subject-matter of the contract or framework agreement, for example where the nature of the subject-matter creates a special risk.
4.—(1) With regard to technical and professional ability, a relevant authority may impose requirements ensuring that a provider possesses the necessary human and technical resources and experience to perform the contract, or contracts based on the framework agreement to an appropriate quality standard.
(2) A relevant authority may require, in particular, that a provider has a sufficient level of experience demonstrated by suitable references from contracts performed in the past.
(3) A relevant authority may assume that a provider does not possess the required professional abilities where the relevant authority has established that the provider has conflicting interests which may negatively affect the performance of the contract or contracts based on the framework agreement.
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