The Health Care Services (Provider Selection Regime) Regulations 2023

The standstill period

12.—(1) Where the relevant authority follows Direct Award Process C, the Most Suitable Provider Process or the Competitive Process, the relevant authority must not enter into the contract or conclude the framework agreement before the end of a standstill period.

(2) The standstill period begins on the day after the day a notice of intention to award or conclude is published on the UK e-notification service in accordance with regulation 9(3) (Direct Award Process C), 10(7) (the Most Suitable Provider Process) or 11(9) (the Competitive Process).

(3) Any provider of the services to which the contract or framework agreement relates who—

(a) is aggrieved by the decision, and

(b) believes that there has been a failure to comply with these Regulations,

may make written representations to the relevant authority before midnight at the end of the 8th working day after the day the standstill period begins.

(4) Where the relevant authority receives representations in accordance with paragraph (3), it must—

(a) ensure each provider who made representations is afforded such further opportunity to explain or clarify the representations made as the relevant authority considers appropriate,

(b) provide promptly any information requested by an aggrieved provider where the relevant authority has a duty to record that information under regulation 24 (information requirements),

(c) review the decision to award the contract or conclude the framework agreement, taking into account the representations made, and

(d) make a further decision whether to—

(i) enter into the contract or conclude the framework agreement as intended after the standstill period has ended,

(ii) go back to an earlier step in the selection process and repeat that step and subsequent steps in accordance with the relevant procedure, or

(iii) abandon the procurement in accordance with regulation 15.

(5) Paragraph (4)(b) does not require the provision of information where provision—

(a) would prejudice the legitimate commercial interests of any person, including those of the relevant authority,

(b) might prejudice fair competition between providers, or

(c) would otherwise be contrary to the public interest.

(6) The further decision in paragraph (4)(d) must be communicated promptly, in writing, with reasons to—

(a) each provider from which the relevant authority received representations in accordance with paragraph (3), and

(b) each provider to whom the relevant authority intended at the beginning of the standstill period to award the contract or with whom the relevant authority intended at the beginning of the standstill period to conclude the framework agreement, as the case may be.

(7) Following a further decision under paragraph (4)(d), the relevant authority may make any number of subsequent further decisions, each replacing the previous decision, to—

(a) enter into the contract or conclude the framework agreement as intended after the standstill period has ended,

(b) go back to an earlier step in the selection process and repeat that step and subsequent steps in accordance with the relevant procedure, or

(c) abandon the procurement in accordance with regulation 15.

(8) Each subsequent further decision under paragraph (7) must be communicated promptly in writing, with reasons to—

(a) each provider from which the relevant authority received representations in accordance with paragraph (3), and

(b) each provider to whom the relevant authority intended at the beginning of the standstill period to award the contract or with whom the relevant authority intended at the beginning of the standstill period to conclude the framework agreement, as the case may be.

(9) Where no written representations are received in accordance with paragraph (3), the standstill period ends at midnight at the end of the 8th working day after the day the standstill period began.

(10) Where written representations are received in accordance with paragraph (3), the standstill period ends—

(a) on such day as—

(i) the relevant authority has decided that it is ready to enter into the contract or conclude the framework agreement,

(ii) the relevant authority has carried out the requirements set out in paragraph (4),

(iii) the relevant authority has informed providers of its further decision in accordance with paragraph (6) and any subsequent further decisions in accordance with paragraph (8),

(iv) the relevant authority does not intend to make any, or any more, subsequent further decisions in accordance with paragraph (7), and

(v) there have been no fewer than 5 working days since the relevant authority informed providers of its last further decision in accordance with paragraph (6) or (8), or

(b) on such day as—

(i) the relevant authority has decided to abandon the procurement in accordance with regulation 15 or to go back to an earlier step in the selection process and repeat that step and subsequent steps in accordance with the relevant procedure,

(ii) the relevant authority has carried out the requirements set out in paragraph (4),

(iii) the relevant authority has informed providers of its further decision in accordance with paragraph (6) and any subsequent further decisions in accordance with paragraph (8),

(iv) the relevant authority does not intend to make any, or any more, subsequent further decisions in accordance with paragraph (7), and

(v) there have been no fewer than 5 working days since the relevant authority informed providers of its last further decision in accordance with paragraph (6) or (8).

(11) In paragraphs (4)(d)(ii), (7)(b) and (10)(b)(i), a reference to a step in the selection process is to a step referred to in regulation 9 (Direct Award Process C), 10 (the Most Suitable Provider Process) or 11 (the Competitive Process) as the case may be.

(12) In this regulation—

“public holiday” means Christmas Day, Good Friday, the first Monday in May or a bank holiday in England under the Banking and Financial Dealings Act 1971(1);

“working day” means any day which is not Saturday, Sunday or a public holiday.

(1)

1971 c. 80.