Regulation 3 Application to procurement of health services
These Regulations apply to the procurement by a relevant authority of relevant health services for the purposes of the health service in Wales, whether alone or as part of a mixed procurement.
In this regulation, “mixed procurement” means the procurement of—
relevant health services for the purposes of the health service in Wales, and
goods or other services that are connected to those health services,
where both the criteria in paragraph (3) are met.
The criteria are that—
the main subject-matter of the procurement is relevant health services for the purposes of the health service in Wales, and
the relevant authority determines that the goods or other services could not reasonably be supplied under a separate contract.
For the purposes of the criteria in paragraph (3)(a), the main subject-matter is determined by the higher of—
the estimated lifetime value of the relevant health services in paragraph (2)(a), or
the estimated lifetime value of the goods or other services in paragraph (2)(b).
For the purposes of the criteria in paragraph (3)(b), the relevant authority determines that procuring the goods or other services could not reasonably be supplied under a separate contract where procuring the relevant health services and the goods and other services separately would, or would be likely to, have a material adverse impact on the relevant authority’s ability to act in accordance with the procurement principles.
Where a procurement by a relevant authority for relevant health services is part of a mixed procurement, the term “relevant health services” in these Regulations, except this regulation, includes any goods or services connected to those relevant health services.
Nothing in these Regulations prevents the award of a contract to more than one provider, either jointly or otherwise.