Consolidation
The Procurement Act 2023 will be a consolidation of:
- Public Contracts Regulations 2015
- Concession Contracts Regulations 2016
- Utilities Contracts Regulations 2016
- Defence and Security Public Contracts Regulations 2011
but will need to be read alongside the Procurement Regulations 2024 and the National Procurement Policy Statement1.
Procedures
- Number of procurement processes has reduced from 6 to 3.
- Introduction of a new competitive flexible procedure.
Contract Award Process
- The standstill letter is being replaced with a more detailed assessment summary.
- NEW contract award notice will be required to be published prior to the award of a contract in most cases.
- Standstill period, where required, is changing from 10 calendar days to 8 working days from date of publication of contract award notice.
KPIs
- Most contracts over £5 million will now need to include at least 3 KPIs.
- A supplier's performance against KPIs must be monitored and reported on.
Direct Award
- New direct award ground - to protect life.
- New mandatory transparency notice and standstill period prior to award.
Transparency
- Introduction of a Central Digital Platform for publishing notices, supplier registration and finding information.
- Increased transparency throughout the lifecycle of a procurement and related contract.
- Number of notices has increased from 3 to up to 10 for a standard procurement.
Exclusion and Debarment
- Act makes it easier to exclude suppliers by increasing the scope of exclusions.
- Suppliers may be on the new debarment list for up to 5 years.
Light Touch Regime
- Applies for education and social contracts
- Exempt from requirement to hold a standstill period and to set KPIs.
- No restrictions on modifying a light touch contract.
Contract modifications
- A contract change notice will be required for most above threshold modifications.
To download this information as a PDF, click here.
1or the Welsh Procurement Policy Statement in Wales
Please feel free to get in touch if you would like support and assistance on how to get ready for the Procurement Act. Contact Isabelle West or Stephanie Rickard in our Public Sector team at 07384 251 896.
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