The Health Care Services (Provider Selection Regime) Regulations 2023
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Change 1
10 The Most Suitable Provider Process
(1) Where the relevant authority follows the Most Suitable Provider Process, the process is that the relevant authority— (a) follows the steps set out in this regulation, and (b) awards any contract without a competition. (2) Step 1 is that the relevant authority submits for publication on the central digital platform a notice of intention to follow the Most Suitable Provider Process. (3) The notice referred to in paragraph (2) must include the information set out in Schedule 5. (4) Step 2 is that the relevant authority identifies potential providers who may be the most suitable provider, with reference to the key criteria and the basic selection criteria. (5) The relevant authority must not complete step 2 before the day which is 14 days after the day on which the notice of intention to follow the Most Suitable Provider Process is submitted for publication in accordance with step 1. (6) Step 3 is that the relevant authority assesses the potential providers identified in step 2 and chooses, taking into account the key criteria and applying the basic selection criteria, the most suitable provider to whom to make an award. (7) Step 4 is that the relevant authority submits for publication on the central digital platform a notice of intention to make an award to the chosen provider. (8) The notice referred to in paragraph (7) must include the information set out in Schedule 6. (9) Step 5 is that the standstill period begins the day after the day the notice referred to in paragraph (7) is published. (10) Regulation 12 makes further provision relating to the standstill period, including the making of written representations to the relevant authority by providers aggrieved by the decision made in step 3. (11) Step 6 is that the relevant authority— (a) carries out the requirements specified in regulation 12(4) where written representations are made in accordance with regulation 12(3), and (b) communicates the further decision made under regulation 12(4)(d) and any subsequent further decisions made under regulation 12(7), in accordance with regulation 12(6) and (8). (12) Where no written representations are made in accordance with regulation 12(3), the relevant authority moves to step 7 without taking any action under step 6. (13) Step 7 is that the relevant authority enters into the contract after the standstill period has ended in accordance with regulation 12(9) or (10). (14) Step 8 is that the relevant authority submits for publication on the central digital platform a notice of the award of the contract. (15) The notice referred to in paragraph (14) must— (a) include the information set out in Schedule 7, and (b) be submitted for publication within 30 days of the contract being awarded.
10 The Most Suitable Provider Process
(1) Where the relevant authority follows the Most Suitable Provider Process, the process is that the relevant authority— (a) follows the steps set out in this regulation, and (b) awards any contract without a competition. (2) Step 1 is that the relevant authority submits for publication on the central digital platform a notice of intention to follow the Most Suitable Provider Process. (3) The notice referred to in paragraph (2) must include the information set out in Schedule 5. (4) Step 2 is that the relevant authority identifies potential providers who may be the most suitable provider, with reference to the key criteria and the basic selection criteria. (5) The relevant authority must not complete step 2 before the day which is 14 days after the day on which the notice of intention to follow the Most Suitable Provider Process is submitted for publication in accordance with step 1. (6) Step 3 is that the relevant authority assesses the potential providers identified in step 2 and chooses, taking into account the key criteria and applying the basic selection criteria, the most suitable provider to whom to make an award. (7) Step 4 is that the relevant authority submits for publication on the central digital platform a notice of intention to make an award to the chosen provider. (8) The notice referred to in paragraph (7) must include the information set out in Schedule 6. (9) Step 5 is that the standstill period begins the day after the day the notice referred to in paragraph (7) is published. (10) Regulation 12 makes further provision relating to the standstill period, including the making of written representations to the relevant authority by providers aggrieved by the decision made in step 3. (11) Step 6 is that the relevant authority— (a) carries out the requirements specified in regulation 12(4) where written representations are made in accordance with regulation 12(3), and (b) communicates the further decision made under regulation 12(4)(d) and any subsequent further decisions made under regulation 12(7), in accordance with regulation 12(6) and (8). (12) Where no written representations are made in accordance with regulation 12(3), the relevant authority moves to step 7 without taking any action under step 6. (13) Step 7 is that the relevant authority enters into the contract after the standstill period has ended in accordance with regulation 12(9) or (10). (14) Step 8 is that the relevant authority submits for publication on the central digital platform a notice of the award of the contract. (15) The notice referred to in paragraph (14) must— (a) include the information set out in Schedule 7, and (b) be submitted for publication within 30 days of the contract being awarded.
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