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

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  1. Introductory Text

  2. PART 1 General

    1. 1.Title, commencement and application

    2. 2.Interpretation

    3. 3.Application to procurement of health services

    4. 4.Methods for calculating estimated lifetime value

    5. 5.Procurement principles

    6. 6.Key criteria

  3. PART 2 Procurement processes

    1. 7.Determination of the appropriate procurement process

    2. 8.Direct Award Process 1

    3. 9.Direct Award Process 2

    4. 10.Most Suitable Provider Process

    5. 11.Competitive Process

    6. 12.The standstill period

    7. 13.Modification of contracts and framework agreements during their term

    8. 14.Urgent award or modification of a contract

    9. 15.Abandonment of, or repetition of steps in, a procurement

  4. PART 3 Framework agreements

    1. 16.Framework agreements

    2. 17.Adding additional providers to a framework agreement

    3. 18.Contracts based on a framework agreement

    4. 19.Award of a contract based on a single-provider framework agreement

    5. 20.Award of a contract based on a framework agreement with a competition

    6. 21.Award of a contract based on a framework agreement without a competition

  5. PART 4 Further requirements when procuring relevant health services

    1. 22.Basic selection criteria

    2. 23.General exemption from duties to publish sensitive commercial information

    3. 24.Publication of notices

    4. 25.Exclusions

    5. 26.Exclusions: sub-contractors

    6. 27.Conflicts of interest

    7. 28.Termination of contracts

  6. PART 5 Advice, information and audit

    1. 29.Advice

    2. 30.Information requirements

    3. 31.Annual summary

    4. 32.Monitoring requirements

  7. PART 6 Transitional provision

    1. 33.Transitional provision

  8. PART 7 Disapplication of the Procurement Act 2023

    1. 34.Disapplication of the Procurement Act 2023

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      Relevant health services: CPV codes

    2. SCHEDULE 2

      Content of notice of intention to award to an existing provider under the Direct Award Process 1 or to a provider based on a framework agreement without a competition

      1. 1.If the relevant authority intends to award a contract following...

      2. 2.If the relevant authority intends to award a contract to...

      3. 3.The contract title and reference.

      4. 4.The name and address (either of the registered office or...

      5. 5.A description of the relevant health services to which the...

      6. 6.If the relevant authority intends to award a contract following...

      7. 7.The estimated lifetime value of the contract.

      8. 8.Details of the award decision-makers.

      9. 9.A statement explaining the award decision-makers’ reasons for selecting the...

      10. 10.A statement as to whether any providers were excluded from...

      11. 11.Where a relevant authority intends to award the contract to...

      12. 12.Particulars of any declared conflicts or potential conflicts of interest....

      13. 13.Information as to how any conflicts or potential conflicts of...

      14. 14.Any information that has not been published or is otherwise...

    3. SCHEDULE 3

      Content of notice to award to an existing provider under the Direct Award Process 1, to a provider based on a single-provider framework agreement, or to a provider based on a framework agreement without a competition

      1. 1.If the award follows the Direct Award Process 1, a...

      2. 2.If the award is based on a single-provider framework agreement...

      3. 3.If the award is based on a framework agreement and...

      4. 4.The contract title and reference.

      5. 5.The name and address (either the registered office or the...

      6. 6.A description of the relevant health services to which the...

      7. 7.The estimated lifetime value of the contract.

      8. 8.The dates between which the contract provides for the relevant...

      9. 9.Details of the award decision-makers.

      10. 10.Where Direct Award Process 1 was used and a relevant...

      11. 11.Particulars of any declared conflicts or potential conflicts of interest....

      12. 12.Information as to how any conflicts or potential conflicts of...

      13. 13.Any information that has not been published or is otherwise...

    4. SCHEDULE 4

      Content of notice of intention to award to an existing provider under the Direct Award Process 2

      1. 1.A statement thatthe relevant authority is intending to award a...

      2. 2.The contract title and reference.

      3. 3.The name and address (either of the registered office or...

      4. 4.A description of the relevant health services to which the...

      5. 5.The estimated lifetime value of the contract.

      6. 6.The estimated lifetime value of the existing contract at the...

      7. 7.Details of the award decision-makers.

      8. 8.A statement explaining the award decision-makers’ reasons for selecting the...

      9. 9.A statement as to whether any providers were excluded from...

      10. 10.Where a relevant authority intends to award the contract to...

      11. 11.Particulars of any declared conflicts or potential conflicts of interest....

      12. 12.Information as to how any conflicts or potential conflicts of...

      13. 13.Any information that has not been published or is otherwise...

    5. SCHEDULE 5

      Content of notice to award to a provider under the Direct Award Process 2

      1. 1.A statement that an award has been made following the...

      2. 2.The contract title and reference.

      3. 3.The name and address (either the registered office or the...

      4. 4.A description of the relevant health services to which the...

      5. 5.The estimated lifetime value of the contract.

      6. 6.The dates between which the contract provides for the relevant...

      7. 7.Details of the award decision-makers.

      8. 8.A statement as to whether any providers were excluded from...

      9. 9.Where a relevant authority awarded the contract to an excluded...

      10. 10.Particulars of any declared conflicts or potential conflicts of interest....

      11. 11.Information as to how any conflicts or potential conflicts of...

      12. 12.Any information that has not been published or is otherwise...

    6. SCHEDULE 6

      Content of notice of intention to follow the Most Suitable Provider Process

      1. 1.A statement thatthe relevant authority intends to follow the Most...

      2. 2.The contract title and reference.

      3. 3.A description of the relevant health services to which the...

      4. 4.Details of the award decision-makers.

    7. SCHEDULE 7

      Content of notice of intention to award to a provider under the Most Suitable Provider Process

      1. 1.A statement thatthe relevant authority intends to award a contract...

      2. 2.The contract title and reference.

      3. 3.The name and address (either the registered office or the...

      4. 4.A description of the relevant health services to which the...

      5. 5.The estimated lifetime value of the contract.

      6. 6.Details of the award decision-makers.

      7. 7.A statement explaining the award decision-makers’ reasons for selecting the...

      8. 8.A statement as to whether any providers were excluded from...

      9. 9.Where a relevant authority intends to award the contract to...

      10. 10.Particulars of any declared conflicts or potential conflicts of interest....

      11. 11.Information as to how any conflicts or potential conflicts of...

      12. 12.Any information that has not been published or is otherwise...

    8. SCHEDULE 8

      Content of notice to award to a provider under the Most Suitable Provider Process

      1. 1.A statement that an award has been made following the...

      2. 2.The contract title and reference.

      3. 3.The name and address (either the registered office or the...

      4. 4.A description of the relevant health services to which the...

      5. 5.The estimated lifetime value of the contract.

      6. 6.The dates between which the contract provides for the relevant...

      7. 7.Details of the award decision-makers.

      8. 8.A statement as to whether any providers were excluded from...

      9. 9.Where a relevant authority awarded the contract to an excluded...

      10. 10.Particulars of any declared conflicts or potential conflicts of interest....

      11. 11.Information as to how any conflicts or potential conflicts of...

      12. 12.Any information that has not been published or is otherwise...

    9. SCHEDULE 9

      Content of notice inviting offers under the Competitive Process

      1. 1.The contract or framework agreement title and reference.

      2. 2.A description of the relevant health services to which the...

      3. 3.The intended or estimated dates— (a) between which the services...

      4. 4.The estimated lifetime value of the contract or framework agreement....

      5. 5.The contract or framework award criteria.

      6. 6.Where the notice relates to a proposed framework agreement, the...

      7. 7.An explanation of how offers must be made, which must...

      8. 8.An explanation of how offers will be assessed, including a...

    10. SCHEDULE 10

      Content of notice to unsuccessful providers under the Competitive Process or unsuccessful providers under a contract award based on a framework agreement with a competition

      1. 1.The contract or framework agreement title and reference.

      2. 2.The contract or framework award criteria.

      3. 3.The reasons the successful provider was successful.

      4. 4.The reasons the unsuccessful provider was unsuccessful.

      5. 5.The dates of the beginning and end of the period...

      6. 6.Any information that has not been published or is otherwise...

    11. SCHEDULE 11

      Content of notice of intention to award to a provider or conclude a framework agreement under the Competitive Process, or to award a contract to a provider based on a framework agreement with a competition

      1. 1.If the relevant authority intends to award a contract to...

      2. 2.If the relevant authority intends to award a contract to...

      3. 3.The contract or framework agreement title and reference.

      4. 4.The name and address (either the registered office or the...

      5. 5.A description of the relevant health services to which the...

      6. 6.Where the notice relates to the conclusion of a framework...

      7. 7.The estimated lifetime value of the contract or framework agreement....

      8. 8.Details of the award decision-makers.

      9. 9.A statement explaining the decision-makers’ reasons for selecting the provider,...

      10. 10.Where the notice relates to the award of a contract...

      11. 11.Where the notice relates to the award of a contract...

      12. 12.Where the notice relates to the conclusion of a framework...

      13. 13.Particulars of any declared conflicts or potential conflicts of interest....

      14. 14.Information as to how any conflicts or potential conflicts of...

      15. 15.Where appropriate, a statement that the relevant authority is awarding...

      16. 16.Any information that has not been published or is otherwise...

    12. SCHEDULE 12

      Content of notice to award a contract to or conclude a framework agreement with a provider under the Competitive Process, or to award a contract to a provider based on a framework agreement with a competition

      1. 1.If the award of the contract or conclusion of a...

      2. 2.If the award of the contract is based on a...

      3. 3.The contract or framework agreement title and reference.

      4. 4.The name and address (either the registered office or the...

      5. 5.A description of the relevant health services to which the...

      6. 6.The estimated lifetime value of the contract or framework agreement....

      7. 7.Where the notice relates to the award of a contract,...

      8. 8.Where the notice relates to the conclusion of a framework...

      9. 9.Where the notice relates to the conclusion of a framework...

      10. 10.Details of the award decision-makers.

      11. 11.Where the notice relates to the award of a contract...

      12. 12.Where the notice relates to the award of a contract...

      13. 13.Particulars of any declared conflicts or potential conflicts of interest....

      14. 14.Information as to how any conflicts or potential conflicts of...

      15. 15.Any information that has not been published or is otherwise...

    13. SCHEDULE 13

      Notice of modification to contract or framework agreement where regulation 13(6) applies

      1. 1.The contract or framework agreement title and reference.

      2. 2.A description of the relevant health services to which the...

      3. 3.The date from which the modification has effect.

      4. 4.A brief description of the modification.

      5. 5.The estimated lifetime value of the modification to the contract...

      6. 6.The estimated lifetime value of the contract or framework agreement...

      7. 7.The cumulative estimated lifetime value of all modifications made to...

      8. 8.Any change in the duration of the contract or framework...

      9. 9.Details of the award decision-makers.

      10. 10.Particulars of any declared conflicts or potential conflicts of interest....

      11. 11.Information as to how any conflicts or potential conflicts of...

      12. 12.Any information that has not been published or is otherwise...

    14. SCHEDULE 14

      Notice of urgent award of contract where regulation 14(1) applies

      1. 1.A statement that in the view of the relevant authority...

      2. 2.The contract title and reference.

      3. 3.The name and address (either the registered office or the...

      4. 4.A description of the relevant health services to which the...

      5. 5.The estimated lifetime value of the contract.

      6. 6.The dates between which the contract provides for the relevant...

      7. 7.The reasons for the dates referred to in paragraph 6,...

      8. 8.Details of the award decision-makers.

      9. 9.Particulars of any declared conflicts or potential conflicts of interest....

      10. 10.Information as to how any conflicts or potential conflicts of...

      11. 11.The reasons regulation 14 applied.

      12. 12.Any information that has not been published or is otherwise...

    15. SCHEDULE 15

      Notice of urgent modification to contract where regulation 14(1) applies

      1. 1.A statement that in the view of the relevant authority...

      2. 2.The contract title and reference.

      3. 3.A description of the relevant health services to which the...

      4. 4.The date from which the modification has effect.

      5. 5.The nature of the modification, including any change in the...

      6. 6.The estimated lifetime value of the contract when that contract...

      7. 7.The estimated lifetime value of the urgent modification.

      8. 8.Details of the award decision-makers.

      9. 9.Particulars of any declared conflicts or potential conflicts of interest....

      10. 10.Information as to how any conflicts or potential conflicts of...

      11. 11.The reasons the relevant authority consider regulation 14 applied.

      12. 12.Any information that has not been published or is otherwise...

    16. SCHEDULE 16

      Invitation to providers who are party to the framework agreement to submit an offer

      1. 1.A description of the relevant health services to which the...

      2. 2.The contract award criteria.

      3. 3.The intended or estimated dates between which the relevant health...

      4. 4.The estimated lifetime value of the contract.

    17. SCHEDULE 17

      Notice of abandonment of procurement process

      1. 1.The contract or framework agreement title and reference.

      2. 2.A description of the relevant health services to which the...

      3. 3.A statement setting out which procurement process was being followed....

      4. 4.A statement that the procurement process has been abandoned.

      5. 5.An explanation of the reasons for the procurement process being...

      6. 6.Any information that has not been published or is otherwise...

    18. SCHEDULE 18

      Basic selection criteria

      1. 1.Interpretation

      2. 2.Basic selection criteria: general principles

      3. 3.Authorisations or memberships

      4. 4.A relevant authority may require that a provider prove that...

      5. 5.Economic and financial standing

      6. 6.Technical and professional ability

  11. Explanatory Note

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