The Health Care Services (Provider Selection Regime) Regulations 2023
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15 Abandonment of, or repetition of steps in, a procurement
(1) Subject to paragraphs (2) and (3), a relevant authority may— (a) abandon a procurement of relevant health care services under these Regulations and not award a contract, or not conclude a framework agreement, or (b) go back to an earlier step in the selection process and repeat that step and subsequent steps, at any time before an award is made or a framework agreement concluded. (2) In a standstill period, a relevant authority may only make a decision to— (a) abandon a procurement, or (b) go back to an earlier step in a selection process and repeat that step and subsequent steps, where that decision is in accordance with the procedure and requirements in regulation 12. (3) Where a relevant authority makes a decision referred to in paragraph (2), the relevant authority may only abandon the procurement or repeat those steps after the standstill period has ended. (4) Where, having started a process to procure relevant health care services under these Regulations, a relevant authority decides to abandon a procurement, the relevant authority must submit for publication on the central digital platform a notice of that decision. (5) The notice in paragraph (4) must be submitted for publication— (a) where the decision is made in a standstill period— (i) after the standstill period has ended, and (ii) within 30 days of the end of that standstill period; (b) in any other case, within 30 days of the decision to abandon the procurement. (6) Where, having started a process to procure relevant health care services under these Regulations, a relevant authority decides to repeat a step or steps, the relevant authority must inform relevant providers of that decision in writing. (7) Paragraph (6) is satisfied where a decision to repeat a step or steps has been communicated to a provider in accordance with regulation 12(6) or (8). (8) In this regulation— (a) a reference to a step in the selection process is to a step referred to in regulation 9 (Direct Award Process C), 10 (the Most Suitable Provider Process) or 11 (the Competitive Process) as the case may be; (b) “relevant providers” in paragraph (6) means any provider who has been made aware in the selection process that they are being considered for the award of a contract or to be a party to a framework agreement.
15 Abandonment of, or repetition of steps in, a procurement
(1) Subject to paragraphs (2) and (3), a relevant authority may— (a) abandon a procurement of relevant health care services under these Regulations and not award a contract, or not conclude a framework agreement, or (b) go back to an earlier step in the selection process and repeat that step and subsequent steps, at any time before an award is made or a framework agreement concluded. (2) In a standstill period, a relevant authority may only make a decision to— (a) abandon a procurement, or (b) go back to an earlier step in a selection process and repeat that step and subsequent steps, where that decision is in accordance with the procedure and requirements in regulation 12. (3) Where a relevant authority makes a decision referred to in paragraph (2), the relevant authority may only abandon the procurement or repeat those steps after the standstill period has ended. (4) Where, having started a process to procure relevant health care services under these Regulations, a relevant authority decides to abandon a procurement, the relevant authority must submit for publication on the central digital platform a notice of that decision. (5) The notice in paragraph (4) must be submitted for publication— (a) where the decision is made in a standstill period— (i) after the standstill period has ended, and (ii) within 30 days of the end of that standstill period; (b) in any other case, within 30 days of the decision to abandon the procurement. (6) Where, having started a process to procure relevant health care services under these Regulations, a relevant authority decides to repeat a step or steps, the relevant authority must inform relevant providers of that decision in writing. (7) Paragraph (6) is satisfied where a decision to repeat a step or steps has been communicated to a provider in accordance with regulation 12(6) or (8). (8) In this regulation— (a) a reference to a step in the selection process is to a step referred to in regulation 9 (Direct Award Process C), 10 (the Most Suitable Provider Process) or 11 (the Competitive Process) as the case may be; (b) “relevant providers” in paragraph (6) means any provider who has been made aware in the selection process that they are being considered for the award of a contract or to be a party to a framework agreement.
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