The Health Care Services (Provider Selection Regime) Regulations 2023
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Change 1
11 The Competitive Process
(1) Where the relevant authority follows the Competitive Process, the process is that the relevant authority follows the steps set out in this regulation. (2) Step 1 is that the relevant authority determines the contract or framework award criteria, taking into account the key criteria and applying the basic selection criteria. (3) Step 2 is that the relevant authority submits a notice for publication on the central digital platform inviting offers to provide the relevant health care services in relation to which the contract is to be awarded or framework agreement is to be concluded. (4) The notice referred to in paragraph (3) must include the information set out in Schedule 8. (5) Step 3 is that the relevant authority assesses any offers received in accordance with the contract or framework award criteria. (6) A relevant authority may carry out step 3 in stages. (7) Step 4 is that the relevant authority makes a decision as to the successful provider. (8) Step 5 is that the relevant authority promptly informs, in writing— (a) the successful provider that their offer has been successful and the relevant authority intends to make an award or conclude the framework agreement; (b) each unsuccessful provider that their offer has been unsuccessful, such communications to include the information set out in Schedule 9. (9) Step 6 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 or conclude a framework agreement. (10) The notice referred to in paragraph (9) must include the information set out in Schedule 10. (11) Step 7 is that the standstill period begins the day after the day the notice referred to in paragraph (9) is published. (12) 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 4. (13) Step 8 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). (14) Where no written representations are made in accordance with regulation 12(3), the relevant authority moves to step 9 without taking any action under step 8. (15) Step 9 is that the relevant authority enters into the contract or concludes the framework agreement after the standstill period has ended in accordance with regulation 12(9) or (10). (16) Step 10 is that the relevant authority submits for publication on the central digital platform a notice of the award of the contract or conclusion of the framework agreement. (17) The notice referred to in paragraph (16) must— (a) include the information set out in Schedule 11, and (b) be submitted for publication within 30 days of the contract being awarded or framework agreement being concluded.
11 The Competitive Process
(1) Where the relevant authority follows the Competitive Process, the process is that the relevant authority follows the steps set out in this regulation. (2) Step 1 is that the relevant authority determines the contract or framework award criteria, taking into account the key criteria and applying the basic selection criteria. (3) Step 2 is that the relevant authority submits a notice for publication on the central digital platform inviting offers to provide the relevant health care services in relation to which the contract is to be awarded or framework agreement is to be concluded. (4) The notice referred to in paragraph (3) must include the information set out in Schedule 8. (5) Step 3 is that the relevant authority assesses any offers received in accordance with the contract or framework award criteria. (6) A relevant authority may carry out step 3 in stages. (7) Step 4 is that the relevant authority makes a decision as to the successful provider. (8) Step 5 is that the relevant authority promptly informs, in writing— (a) the successful provider that their offer has been successful and the relevant authority intends to make an award or conclude the framework agreement; (b) each unsuccessful provider that their offer has been unsuccessful, such communications to include the information set out in Schedule 9. (9) Step 6 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 or conclude a framework agreement. (10) The notice referred to in paragraph (9) must include the information set out in Schedule 10. (11) Step 7 is that the standstill period begins the day after the day the notice referred to in paragraph (9) is published. (12) 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 4. (13) Step 8 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). (14) Where no written representations are made in accordance with regulation 12(3), the relevant authority moves to step 9 without taking any action under step 8. (15) Step 9 is that the relevant authority enters into the contract or concludes the framework agreement after the standstill period has ended in accordance with regulation 12(9) or (10). (16) Step 10 is that the relevant authority submits for publication on the central digital platform a notice of the award of the contract or conclusion of the framework agreement. (17) The notice referred to in paragraph (16) must— (a) include the information set out in Schedule 11, and (b) be submitted for publication within 30 days of the contract being awarded or framework agreement being concluded.
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