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

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).

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.

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).

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).

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).

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).

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).

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).

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.

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).

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.

Signed

Jeremy Miles — Cabinet Secretary for Health and Social Care, one of the Welsh Ministers — 30 January 2025

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision for the procurement of relevant health services for the health service in Wales by relevant authorities. Provision is also made for the procurement of goods or other services that are connected to the health services (mixed procurement). These Regulations are made using powers under sections 10A(1), (2) and (3), 203(9) and (10), and 205(a) and (b) of the National Health Service (Wales) Act 2006.

These Regulations disapply the provisions of the Procurement Act 2023 (“the 2023 Act”) in relation to regulated health service procurement in Wales using powers under section 120A(1) of the 2023 Act (regulation 34).

Relevant authorities are county councils or county borough councils in Wales, local health boards, National Health Service trusts, and special authorities. Relevant health services are health services which fall within one or more of the common procurement vocabulary (“CPV”) codes set out in Schedule 1. CPV codes are those adopted by Regulation (EC) No. 2195/2002 of the European Parliament and of the Council of 5 November 2002.

Part 1 contains introductory provisions, including those which set out when the Regulations apply.

Regulations 5 and 6 of Part 1 set out procurement principles and key criteria for decision-making when procuring services under these Regulations.

Part 2 sets out the procurement processes, the circumstances in which they are used and the procedure for each. There are four processes: the Direct Award Process 1, the Direct Award Process 2, the Most Suitable Provider Process, and the Competitive Process. Part 2 also provides that where a relevant authority decides to conclude a framework agreement, they must follow the Competitive Process (regulation 7(2)).

If conditions are met, the relevant authority has discretion to select a procurement process. Where a relevant authority has a discretion to choose which procurement process it follows, but decides that a different process would be more suitable, it may follow a different process (regulation 7(8)).

Part 2 sets out further provisions for certain procurement processes. This includes provision for a standstill period; the procedure a relevant authority must follow if an aggrieved provider makes a representation; provision for the modification of contracts and framework agreements during their term without following a new procurement process if conditions are met; provision for a special process for certain urgent awards or modifications; and provision for procurement processes to be abandoned or for steps in a procurement process to be repeated, if conditions are met.

Part 3 makes provision about framework agreements. This includes: how they are defined; how they may be concluded; and the maximum term duration. This Part also makes provision for when the Competitive Process must be commenced to allow additional providers to be selected to be party to a framework agreement during its term and the processes to be followed when awarding contracts under a framework agreement.

Part 4 makes further provision about the procurement of relevant health services. This includes: the basic selection criteria; a general exemption from duties to publish sensitive commercial information; the process for submitting a notice for publication; the circumstances when a provider can be excluded; how conflicts of interest or potential conflicts of interest must be managed; and requirements to allow for contract termination.

Part 5 sets out administrative provisions and requirements for relevant authorities. This includes provisions for retention of records; annual summaries to be published; and monitoring requirements. Part 5 also makes provision for relevant authorities to seek advice from independent experts.

Part 6 makes transitional provision.

Part 7 makes provision for the disapplication of the 2023 Act to regulated health service procurement in Wales.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations has been prepared. A copy can be obtained from Welsh Government, Commercial Directorate, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

Footnotes

[^f00001]: 2006 c. 42 (“the 2006 Act”). Section 10A was inserted by section 3 of the Health Service Procurement (Wales) Act 2024 (asc 1) (“the 2024 Act”).

[^f00002]: 2023 c. 54. Section 120A was inserted by section 2(2) of the 2024 Act.

[^f00003]: As inserted by section 111(2) of the Public Health (Wales) Act 2017 (anaw 2) and amended by section 1(2) of the Nurse Staffing Levels (Wales) Act 2016 (anaw 5) and section 3(3) of the 2024 Act.

[^f00004]: As inserted by section 2(3) of the 2024 Act. See also section 40 of the Legislation (Wales) Act 2019 (anaw 4) for provision about the procedure that applies to this instrument.

[^f00005]: The reference in section 203(6A) of the 2006 Act to the National Assembly for Wales now has effect as a reference to Senedd Cymru by virtue of section 150A(2) of the Government of Wales Act 2006 (c. 32).

[^f00006]: EUR 2002/2195. Annex 1 to the EUR 2002/2195 was amended by regulation 2 of the Common Procurement Vocabulary (Amendment) Regulations 2023 (S.I. 2023/601).

[^f00007]: There are amendments to section 206(1) of the 2006 Act which are not relevant to these Regulations.

[^f00008]: “working day” is defined in Schedule 1 to the Legislation (Wales) Act 2019 (anaw 4).

[^f00009]: The central digital platform which may be accessed at http://www.gov.uk/find-tender.

[^f00010]: The Welsh digital platform which may be accessed at https://www.sell2wales.gov.wales/.

[^f00011]: There are amendments to regulation 34 which are not relevant to these Regulations.

[^f00012]: Regulation 49 was amended by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319) (“the 2020 Regulations”), regulations 1(2), 6(32) (with Schedule, paragraphs. 3-5).

[^f00013]: Regulation 51(1) was amended by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), regulation 1(1), Schedule 2, paragraph 12 (with regulation 5), and the 2020 Regulation, regulation 1(2), 6(34)(b) (with Schedule, paragraphs 3-5).

[^f00014]: S.I. 2015/102.

[^f00015]: S.I. 2020/1073.