Provider Selection Regime Wales: standard operating procedures for the Wales Procurement Review Unit

Requests to the WPRU must meet the following criteria to be eligible for review:

1. This document sets out how the WPRU may give advice where a provider requests a review of a relevant authority’s decision under the Health Services (Provider Selection Regime) (Wales) Regulations 2025 (the PSR Wales).
2. A provider can request that the WPRU review a provider selection decision made under the PSR Wales by a relevant authority following:
   • Direct Award Process 1 (regulation 8)
   • Direct Award Process 2 (regulation 9)
   • The Most Suitable Provider Process (regulation 10)
   • The Competitive Process (regulation 11) (including the establishment of a framework agreement under the Competitive Process)
   • award of a contract under the PSR Wales based on a framework agreement with a competition (regulation 20)
   • award of a contract under the PSR Wales based on a framework agreement without a competition (regulation 21)
3. The WPRU will not accept representations in regard to relevant authority’s decisions under the contract modifications (regulation 13), the urgent award process (regulation 14) or the award of a contract based on a single-provider framework agreement (regulation 19).
4. Providers must first have made representations to the relevant authority and received the relevant authority’s further written decision before a request for advice can be made to the WPRU.

5. The provider must consider the eligibility criteria and decide whether their representation meets the criteria prior to submitting their representation the WPRU. If the provider considers it meets the eligibility criteria, they must submit their request for advice from the WPRU in writing, using the pro-forma provided, plus supply the initial representations made to the relevant authority and the decision of the relevant authority. All information must be provided within five working days of receiving the relevant authority’s decision on the review of the provider representations. This information mut be submitted via the WPRU mailbox.
6. Providers must be in receipt of the written decision of the relevant authority prior to submitting a request for advice from the WPRU.
7. Only matters that have previously been raised by the provider and included in the initial representations made to the relevant authority will be considered by the WPRU.
8. If the WPRU do not accept to provide advice on a provider representation, the WPRU will inform the provider and the relevant authority. The relevant authority can then close the standstill period as set out in the PSR Wales (regulation 12) and continue to award the contract as intended.
9. The relevant authority should keep the standstill period open for the duration of the WPRU review. In exceptional circumstances, the relevant authority may conclude that it is necessary to enter a new contract before the WPRU can complete its review and share its advice.
10. It is at the discretion of providers and relevant authorities as to whether they seek legal advice and representation when submitting representations to, and engaging with, the WPRU.

11. Where the WPRU agrees to provide advice on a representation it will write to the provider and relevant authority to confirm acceptance to review the provider representation and to set out an indicative time scale for providing its advice. In most circumstances, the WPRU will endeavour to provide its advice within 25 working days.
12. The provider and the relevant authority may be asked to provide additional information to support the WPRU review. This may include correspondence and if required meetings to discuss the provider representation. Requesting further information will not provide an opportunity for either the provider or relevant authority to raise new matters, over and above the current representation being reviewed by the WPRU.
13. When submitting a representation to the WPRU, providers should ensure that they are available to meet any requests to meet with the WPRU.
14. Decisions from the WPRU rely on the provision of full, accurate and timely responses to information requests from both providers and the relevant authority within specified deadlines.
15. Acceptance to review provider representations is at the sole discretion of the WPRU and only when representations meet the acceptance criteria.
16. At the end of the review the WPRU will issue its advice as follows:

• the PSR Wales was followed and therefore the WPRU is not providing any advice
• the regulations were not followed but the WPRU considers the breach not to have had a material impact on the relevant authority’s provider selection
• the regulations were not followed, and the relevant authority is advised to return to an earlier step in the process to rectify the issues identified
• the regulations were not followed, and the relevant authority is advised to abandon the procurement process

17. The WPRU will publish its advice, or a summary of its advice, for completed reviews. The WPRU may also make observations aimed at assisting relevant authorities in future procurement processes.
18. Providers must also consent to provide information to the WPRU and understand that any information may be included in the publication of any advice provided by the WPRU (unless the provider informs the WPRU of a valid reason why such information should not be published that is sensitive commercial information).
19. Once the relevant authority has considered the advice of the WPRU, it may make a final decision to either:

• enter into a contract, or conclude the framework agreement as intended
• go back to the start of the selection process or repeat a previous step and subsequent steps
• abandon the selection process

20. Both providers and relevant authorities should refer to the PSR Wales regulations and statutory guidance for further information.