The Health Care Services (Provider Selection Regime) Regulations 2023
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Change 1
18 Contracts based on a framework agreement
(1) A contract based on a framework agreement may only be awarded in accordance with this regulation. (2) Contracts based on a framework agreement must not entail substantial modifications to the terms laid down in that framework agreement. (3) Where a framework agreement is concluded with a single provider, a relevant authority may award a contract without a competition in accordance with that framework agreement. (4) Where a framework agreement is concluded with more than one provider, a relevant authority may award a contract either without a competition or by following the Competitive Process, such choice being at the discretion of the relevant authority but must be made in accordance with the framework agreement. (5) Where a relevant authority awards a contract based on a framework agreement without a competition, the relevant authority must submit for publication on the central digital platform a notice of the award. (6) The notice referred to in paragraph (5) must— (a) include the information set out in Schedule 2, and (b) be submitted for publication within 30 days of the contract being awarded. (7) Where a relevant authority follows the Competitive Process in order to award a contract based on a framework agreement, the relevant authority must omit step 2 of that process and, in place of step 2, invite all providers who are party to the framework agreement to submit an offer. (8) The invitation referred to in paragraph (7) must include the information set out in Schedule 15. (9) In paragraph (7), the reference to step 2 is to step 2 referred to in regulation 11(3) (the Competitive Process).
18 Contracts based on a framework agreement
(1) A contract based on a framework agreement may only be awarded in accordance with this regulation. (2) Contracts based on a framework agreement must not entail substantial modifications to the terms laid down in that framework agreement. (3) Where a framework agreement is concluded with a single provider, a relevant authority may award a contract without a competition in accordance with that framework agreement. (4) Where a framework agreement is concluded with more than one provider, a relevant authority may award a contract either without a competition or by following the Competitive Process, such choice being at the discretion of the relevant authority but must be made in accordance with the framework agreement. (5) Where a relevant authority awards a contract based on a framework agreement without a competition, the relevant authority must submit for publication on the central digital platform a notice of the award. (6) The notice referred to in paragraph (5) must— (a) include the information set out in Schedule 2, and (b) be submitted for publication within 30 days of the contract being awarded. (7) Where a relevant authority follows the Competitive Process in order to award a contract based on a framework agreement, the relevant authority must omit step 2 of that process and, in place of step 2, invite all providers who are party to the framework agreement to submit an offer. (8) The invitation referred to in paragraph (7) must include the information set out in Schedule 15. (9) In paragraph (7), the reference to step 2 is to step 2 referred to in regulation 11(3) (the Competitive Process).
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