Procurement Act 2023 go-live date confirmed

The Government announced yesterday that the go-live date for the new Procurement Act 2023 will be 28 October 2024.

Marking the biggest change to procurement law we have seen in almost two decades, the new Act aims to create a simpler and more flexible, commercial system of public procurement which will open new opportunities for SMEs and provide value for money for the tax payer.

Some of the key changes will include:

1. Bringing all the current procurement rules under a single umbrella

2. The introduction of a new single ‘competitive tendering’ procedure-involving either:

• A single stage open procedure with no restrictions on who may enter; or
• Any other competitive procedure which the authority considers appropriate, as long as it is proportionate to the nature, complexity and cost of the contract.

3. New overarching procurement principles, which are to be embedded into the lifetime of a public contract, from tender to contract award to performance:

• Delivering value for money;
• Maximising public benefit;
• Sharing information to allow suppliers and others to better understand procurement policies and decisions; and
• Acting, and being seen to act, with integrity.

4. New Central Digital Platform for publication of all relevant notices and management of supplier information

5. More information for suppliers at the contract award stage on why their bid was unsuccessful/why the successful supplier won.

The existing procurement regime will continue to apply to tenders started before 28 October 2024, but suppliers and contracting authorities should begin to prepare by familiarising themselves with the knowledge drops, training and guidance materials which are available from the government’s Transforming Public Procurement website.