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The Health Care Services (Provider Selection Regime) Regulations 2023

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Change 1

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As published

SCHEDULE 16 Basic selection criteria

Regulation 19(3) Basic selection criteria: general principles 1 (1) The basic selection criteria which must be met by a provider may relate to— (a) suitability to pursue a particular activity; (b) economic and financial standing; (c) technical and professional ability. (2) A relevant authority may impose on providers as requirements only the criteria referred to in this Schedule. (3) A relevant authority must limit any requirements to those that are appropriate to ensure that a provider has the legal and financial capacities and the technical and professional abilities to perform the contract to be awarded. (4) All requirements must be related and proportionate to the subject-matter of the contract or framework agreement. Authorisations or memberships 2 In so far as a relevant authority determines that providers have to possess a particular authorisation or to be members of a particular organisation in order to be able to perform in their country of origin the service concerned, a relevant authority may require a provider to prove that they hold such authorisation or membership. Economic and financial standing 3 (1) With regard to economic and financial standing, a relevant authority may impose requirements ensuring that a provider possesses the necessary economic and financial capacity to perform the contract or perform contracts based on the framework agreement. (2) In particular, a relevant authority may require that a provider— (a) has a certain minimum yearly turnover, including a certain minimum turnover in the services covered by the contract, (b) provides information on its annual accounts showing, for example, the ratios between assets and liabilities, and (c) has an appropriate level of professional risk indemnity insurance. (3) The minimum yearly turnover that a provider is required to have must not exceed twice the estimated contract or framework agreement value unless the relevant authority is satisfied that a higher minimum is appropriate and proportionate to the subject-matter of the contract or framework agreement, for example where the nature of the subject-matter creates a special risk. Technical and professional ability 4 (1) With regard to technical and professional ability, a relevant authority may impose requirements ensuring that a provider possesses the necessary human and technical resources and experience to perform the contract, or contracts based on the framework agreement to an appropriate quality standard. (2) A relevant authority may require, in particular, that a provider has a sufficient level of experience demonstrated by suitable references from contracts performed in the past. (3) A relevant authority may assume that a provider does not possess the required professional abilities where the relevant authority has established that the provider has conflicting interests which may negatively affect the performance of the contract or contracts based on the framework agreement.

Your change, as a redline

SCHEDULE 16 Basic selection criteria

Regulation 19(3) Basic selection criteria: general principles 1 (1) The basic selection criteria which must be met by a provider may relate to— (a) suitability to pursue a particular activity; (b) economic and financial standing; (c) technical and professional ability. (2) A relevant authority may impose on providers as requirements only the criteria referred to in this Schedule. (3) A relevant authority must limit any requirements to those that are appropriate to ensure that a provider has the legal and financial capacities and the technical and professional abilities to perform the contract to be awarded. (4) All requirements must be related and proportionate to the subject-matter of the contract or framework agreement. Authorisations or memberships 2 In so far as a relevant authority determines that providers have to possess a particular authorisation or to be members of a particular organisation in order to be able to perform in their country of origin the service concerned, a relevant authority may require a provider to prove that they hold such authorisation or membership. Economic and financial standing 3 (1) With regard to economic and financial standing, a relevant authority may impose requirements ensuring that a provider possesses the necessary economic and financial capacity to perform the contract or perform contracts based on the framework agreement. (2) In particular, a relevant authority may require that a provider— (a) has a certain minimum yearly turnover, including a certain minimum turnover in the services covered by the contract, (b) provides information on its annual accounts showing, for example, the ratios between assets and liabilities, and (c) has an appropriate level of professional risk indemnity insurance. (3) The minimum yearly turnover that a provider is required to have must not exceed twice the estimated contract or framework agreement value unless the relevant authority is satisfied that a higher minimum is appropriate and proportionate to the subject-matter of the contract or framework agreement, for example where the nature of the subject-matter creates a special risk. Technical and professional ability 4 (1) With regard to technical and professional ability, a relevant authority may impose requirements ensuring that a provider possesses the necessary human and technical resources and experience to perform the contract, or contracts based on the framework agreement to an appropriate quality standard. (2) A relevant authority may require, in particular, that a provider has a sufficient level of experience demonstrated by suitable references from contracts performed in the past. (3) A relevant authority may assume that a provider does not possess the required professional abilities where the relevant authority has established that the provider has conflicting interests which may negatively affect the performance of the contract or contracts based on the framework agreement.

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