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Regulation 15 Abandonment of, or repetition of steps in, a procurement

Original text. Later amendments are not shown.

(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 UK e-notification service 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.