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

SCHEDULES

Regulation 2

SCHEDULE 1 Relevant health services: CPV codes

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 Services) (Wales) Regulations 2020 (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

Regulation 8(5) and 21(4)

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.  If the relevant authority intends to award a contract following the Direct Award Process 1, a statement to that effect.

2.  If the relevant authority intends to award a contract to a provider based on a framework agreement without a competition, a statement to that effect.

3.  The contract title and reference.

4.  The name and address (either of the registered office or the principal place of business) of the provider to whom an award is to be made.

5.  A description of the relevant health services to which the contract relates, and one or more of the CPV codes relevant to the contract.

6.  If the relevant authority intends to award a contract following the Direct Award Process 1, a description of why the proposed contracting arrangement is capable of being provided only by the existing provider, with reference to the nature of the relevant health services.

7.  The estimated lifetime value of the contract.

8.  Details of the award decision-makers.

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

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

11.  Where a relevant authority intends to award the contract to an excluded provider because it was considered necessary to protect public health, the reasons for such a decision.

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

13.  Information as to how any conflicts or potential conflicts of interest were managed or are to be managed.

14.  Any information that has not been published or is otherwise withheld under regulation 23(1).

Regulations 8(11), 19(3) and 21(10)

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.  If the award follows the Direct Award Process 1, a statement that an award has been made following the Direct Award Process 1.

2.  If the award is based on a single-provider framework agreement and is made without a competition, a statement to that effect.

3.  If the award is based on a framework agreement and is made without a competition, a statement to that effect.

4.  The contract title and reference.

5.  The name and address (either the registered office or the principal place of business) of the provider to whom the contract has been awarded.

6.  A description of the relevant health services to which the contract relates, and one or more of the CPV codes most relevant to the contract.

7.  The estimated lifetime value of the contract.

8.  The dates between which the contract provides for the relevant health services to be provided and the duration of the contract including potential extensions beyond the initial term.

9.  Details of the award decision-makers.

10.  Where Direct Award Process 1 was used and a relevant authority awarded the contract to an excluded provider because it was considered necessary to protect public health, the reasons for such a decision.

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

12.  Information as to how any conflicts or potential conflicts of interest were managed or are to be managed.

13.  Any information that has not been published or is otherwise withheld under regulation 23(1).

Regulation 9(6)

SCHEDULE 4 Content of notice of intention to award to an existing provider under the Direct Award Process 2

1.  A statement that the relevant authority is intending to award a contract to an existing provider following the Direct Award Process 2.

2.  The contract title and reference.

3.  The name and address (either of the registered office or the principal place of business) of the provider to whom an award is to be made.

4.  A description of the relevant health services to which the contract relates, and one or more of the CPV codes relevant to the contract.

5.  The estimated lifetime value of the contract.

6.  The estimated lifetime value of the existing contract at the time the existing contract was entered into.

7.  Details of the award decision-makers.

8.  A statement explaining the award decision-makers’ reasons for selecting the chosen provider, with reference to the key criteria and basic selection criteria.

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

10.  Where a relevant authority intends to award the contract to an excluded provider because it is considered necessary to protect public health, the reasons for such a decision.

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

12.  Information as to how any conflicts or potential conflicts of interest were managed or are to be managed.

13.  Any information that has not been published or is otherwise withheld under regulation 23(1).

Regulation 9(12)

SCHEDULE 5 Content of notice to award to a provider under the Direct Award Process 2

1.  A statement that an award has been made following the Direct Award Process 2.

2.  The contract title and reference.

3.  The name and address (either the registered office or the principal place of business) of the provider to whom the contract has been awarded.

4.  A description of the relevant health services to which the contract relates, and one or more of the CPV codes most relevant to the contract.

5.  The estimated lifetime value of the contract.

6.  The dates between which the contract provides for the relevant health services to be provided and the duration of the contract including potential extensions beyond the initial term.

7.  Details of the award decision-makers.

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

9.  Where a relevant authority awarded the contract to an excluded provider because it was considered necessary to protect public health, the reasons for such a decision.

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

11.  Information as to how any conflicts or potential conflicts of interest were managed or are to be managed.

12.  Any information that has not been published or is otherwise withheld under regulation 23(1).

Regulation 10(4)

SCHEDULE 6 Content of notice of intention to follow the Most Suitable Provider Process

1.  A statement that the relevant authority intends to follow the Most Suitable Provider Process to award a contract.

2.  The contract title and reference.

3.  A description of the relevant health services to which the contract relates, and one or more of the CPV codes most relevant to the contract.

4.  Details of the award decision-makers.

Regulation 10(11)

SCHEDULE 7 Content of notice of intention to award to a provider under the Most Suitable Provider Process

1.  A statement that the relevant authority intends to award a contract to a provider following the Most Suitable Provider Process.

2.  The contract title and reference.

3.  The name and address (either the registered office or the principal place of business) of the provider to whom an award is to be made.

4.  A description of the relevant health services to which the contract relates, and one or more of the CPV codes most relevant to the contract.

5.  The estimated 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.  A statement as to whether any providers were excluded from the procurement process.

9.  Where a relevant authority intends to award the contract to an excluded provider because it is considered necessary to protect public health, the reasons for such a decision.

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

11.  Information as to how any conflicts or potential conflicts of interest were managed or are to be managed.

12.  Any information that has not been published or is otherwise withheld under regulation 23(1).

Regulation 10(17)

SCHEDULE 8 Content of notice to award to a provider under the Most Suitable Provider Process

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 (either the registered office or the principal place of business) of the provider to whom the contract has been awarded.

4.  A description of the relevant health services to which the contract relates, and one or more of the CPV code most relevant to the contract.

5.  The estimated lifetime value of the contract.

6.  The dates between which the contract provides for the relevant health services to be provided and the duration of the contract including potential extensions beyond the initial term.

7.  Details of the award decision-makers.

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

9.  Where a relevant authority awarded the contract to an excluded provider because it was considered necessary to protect public health, the reasons for such a decision.

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

11.  Information as to how any conflicts or potential conflicts of interest were managed or are to be managed.

12.  Any information that has not been published or is otherwise withheld under regulation 23(1).

Regulation 11(6)

SCHEDULE 9 Content of notice inviting offers under the Competitive Process

1.  The contract or framework agreement title and reference.

2.  A description of the relevant health services to which the contract or framework agreement will relate, and one or more of the CPV codes most relevant to the contract or framework agreement.

3.  The intended or estimated dates—

(a) between which the services are to 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 estimated 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.  An explanation of how offers must be made, which must be by electronic means.

8.  An explanation of how offers will be assessed, including a concise explanation of the assessment procedure and any stages of the assessment, if applicable.

Regulation 11(10)(b) and 20(11)(b)

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.  The contract or framework agreement title and reference.

2.  The contract or framework award criteria.

3.  The reasons the successful provider was successful.

4.  The reasons the unsuccessful provider was unsuccessful.

5.  The dates of the beginning and end of the period in which written representations may be made in accordance with regulation 12(6).

6.  Any information that has not been published or is otherwise withheld under regulation 23(1).

Regulations 11(12) and 20(13)

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.  If the relevant authority intends to award a contract to a provider or conclude a framework agreement under the Competitive Process, a statement to that effect.

2.  If the relevant authority intends to award a contract to a provider based on a framework agreement with a competition, a statement to that effect.

3.  The contract or framework agreement title and reference.

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

5.  A description of the relevant health services to which the contract or framework agreement relates, and one or more of the CPV codes most relevant to the contract or framework agreement.

6.  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.

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

8.  Details of the award decision-makers.

9.  A statement explaining the decision-makers’ reasons for selecting the provider, with reference to the key criteria and basic selection criteria.

10.  Where the notice relates to the award of a contract or the conclusion of a framework agreement, a statement as to whether any providers were excluded from the procurement process.

11.  Where the notice relates to the award of a contract and a relevant authority intends to award the contract to an excluded provider because it is considered necessary to protect public health, the reasons for such a decision.

12.  Where the notice relates to the conclusion of a framework agreement and a relevant authority intends to include an excluded provider on a framework agreement because it was considered necessary to protect public health, the reasons for such a decision.

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

14.  Information as to how any conflicts or potential conflicts of interest were managed or are to be managed.

15.  Where appropriate, a statement that the relevant authority is awarding the contract under a framework agreement.

16.  Any information that has not been published or is otherwise withheld under regulation 23(1).

Regulations 11(18) and 20(19)

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.  If the award of the contract or conclusion of a framework agreement follows a competition under the Competitive Process, a statement to that effect.

2.  If the award of the contract is based on a framework agreement with a competition, a statement to that effect.

3.  The contract or framework agreement title and reference.

4.  The name and address (either the registered office or the principal place of business) of the provider to whom the contract has been awarded or with whom a framework agreement has been concluded.

5.  A description of the relevant health services to which the contract or framework agreement relates, and one or more of the CPV codes most relevant to the contract or framework agreement.

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

7.  Where the notice relates to the award of a contract, the dates between which the contract provides for the relevant health services to be provided including any options to extend the period during which the services are to be provided.

8.  Where the notice relates to the conclusion of a framework agreement, the duration of the framework agreement.

9.  Where the notice relates to the conclusion of a framework agreement, the relevant authorities which will be able to use the framework agreement.

10.  Details of the award decision-makers.

11.  Where the notice relates to the award of a contract or the conclusion of a framework agreement, a statement as to whether any providers were excluded from the procurement process.

12.  Where the notice relates to the award of a contract or the conclusion of a framework agreement and a relevant authority awarded the contract to an excluded provider or included an excluded provider on a framework agreement because it was considered necessary to protect public health, the reasons for such a decision.

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

14.  Information as to how any conflicts or potential conflicts of interest were managed or are to be managed.

15.  Any information that has not been published or is otherwise withheld under regulation 23(1).

Regulation 13(7)(a)

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

1.  The contract or framework agreement title and reference.

2.  A description of the relevant health services to which the contract or framework agreement relates, and one or more of the CPV codes most relevant to the contract or framework agreement.

3.  The date from which the modification has effect.

4.  A brief description of the modification.

5.  The estimated lifetime value of the modification to the contract or framework agreement.

6.  The estimated lifetime value of the contract or framework agreement when that contract was entered into or when that framework agreement was concluded.

7.  The cumulative estimated lifetime value of all modifications made to the contract or framework agreement since it was entered into or concluded.

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

9.  Details of the award decision-makers.

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

11.  Information as to how any conflicts or potential conflicts of interest were managed or are to be managed.

12.  Any information that has not been published or is otherwise withheld under regulation 23(1).

Regulation 14(6)(b)(i)

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

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 (either the registered office or the principal place of business) of the provider to whom the contract has been awarded.

4.  A description of the relevant health services to which the contract relates, and one or more of the CPV codes most relevant to the contract.

5.  The estimated lifetime value of the contract.

6.  The dates between which the contract provides for the relevant health services to be provided and the duration of the contract including potential extensions beyond the initial term.

7.  The reasons for the dates referred to in paragraph 6, if that period is greater than 12 months.

8.  Details of the award decision-makers.

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

10.  Information as to how any conflicts or potential conflicts of interest were managed or are to be managed.

11.  The reasons regulation 14 applied.

12.  Any information that has not been published or is otherwise withheld under regulation 23(1).

Regulation 14(6)(b)(ii)

SCHEDULE 15 Notice of urgent modification to contract where regulation 14(1) applies

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 services to which the contract relates, and one or more of the CPV codes most relevant to the contract.

4.  The date from which the modification has effect.

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

6.  The estimated lifetime value of the contract when that contract was entered into.

7.  The estimated lifetime value of the urgent modification.

8.  Details of the award decision-makers.

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

10.  Information as to how any conflicts or potential conflicts of interest were managed or are to be managed.

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

12.  Any information that has not been published or is otherwise withheld under regulation 23(1).

Regulation 20(7)

SCHEDULE 16 Invitation to providers who are party to the framework agreement to submit an offer

1.  A description of the relevant health services to which the contract relates, and one or more of the CPV codes most relevant to the contract.

2.  The contract award criteria.

3.  The intended or estimated dates between which the relevant health services must be provided and the duration of the contract including potential extensions beyond the initial term.

4.  The estimated lifetime value of the contract.

Regulation 15(5)(c)

SCHEDULE 17 Notice of abandonment of procurement process

1.  The contract or framework agreement title and reference.

2.  A description of the relevant health services to which the contract or framework agreement relates, and one or more of the CPV codes most relevant to the contract or framework agreement.

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

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

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

6.  Any information that has not been published or is otherwise withheld under regulation 23(1).

Regulation 22(3)

SCHEDULE 18 Basic selection criteria

Interpretation

1.  In this Schedule, references to “contracts” include contracts based on the framework agreement.

Basic selection criteria: general principles

2.—(1) The basic selection criteria determined in accordance with regulation 22(3) may relate to—

(a) suitability to pursue a particular activity;

(b) economic and financial standing;

(c) technical and professional ability.

(2) A relevant authority must limit the basic selection criteria to those that are appropriate to ensure that a provider can perform the relevant health services for which a contract is to be awarded or framework agreement is to be concluded.

(3) In determining the most appropriate basic selection criteria, the relevant authority must have regard to the legal and financial capacities of the provider and the technical and professional abilities of the provider.

(4) All basic selection criteria must relate to, and be proportionate to, the relevant health services that are the subject-matter of the contract or framework agreement.

Authorisations or memberships

3.  Paragraph (4) applies where a relevant authority determines that providers must possess a particular authorisation or be members of a particular organisation to perform the relevant health services.

4.  A relevant authority may require that a provider prove that they hold such authorisation or membership.

Economic and financial standing

5.—(1) A relevant authority may impose requirements that a provider prove they possess the necessary economic and financial capacity to perform the contract.

(2) In particular, a relevant authority may require that a provider—

(a) has a certain minimum annual turnover, including a certain minimum turnover in the relevant health services covered by the contract,

(b) provides information on its annual accounts showing the ratios, for example, between assets and liabilities, and

(c) has an appropriate level of professional risk indemnity insurance.

(3) The minimum annual turnover that a relevant authority can require a provider to prove must not exceed twice the estimated lifetime value of the contract or framework agreement, except in duly justified cases as determined by the relevant authority.

Technical and professional ability

6.—(1) A relevant authority may impose requirements that a provider prove they can perform the contract to an appropriate standard.

(2) The requirements in sub-paragraph (1) include requirements to show that the provider possesses the necessary technical and professional resources and experience.

(3) A relevant authority may require that a provider has an appropriate level of experience demonstrated by suitable references from contracts performed in the past.

(4) A relevant authority may assume that a provider does not possess the required professional abilities if the condition set out in sub-paragraph (5) is met.

(5) The condition is that the relevant authority has established that the provider has conflicting interests which may negatively affect the performance of the contract.

(1)

S.I. 2020/1073.