The Procurement Act 2023, which will reform the existing Procurement Rules, received Royal Assent in October last year and will come into force on 28 October 2024, replacing the existing regulations that derived from the EU.
The Act will create a simpler and more flexible procurement system, while remaining compliant with international obligations. It aims to embed transparency throughout the procurement lifecycle so that the spending of taxpayers’ money can be properly scrutinised.
From October, for larger contracts, the council will be obliged to publish additional information about its procurement process including an 18-month pipeline of upcoming activity and notices regarding the performance of supplier’s contracts, such as where there are performance issues and variations to contracts.
A central digital platform, operated by the government, will act as a ‘one-stop shop’ which should make it simpler for small business to access opportunities and it means they will only need to submit most of their organisational details once. The council will be encouraged to engage with the market of potential suppliers earlier in the procurement process to develop its requirements and aim to remove and reduce any processes that could be considered a barrier for small and medium enterprises (SMEs) to participate.
Councillor Mark Elliott, Cabinet Member for Resources, said: “This is the biggest change to public procurement this century and will help to increase transparency while making it easier for new potential suppliers such as small businesses and social enterprises to compete for contracts with the council. In addition, engagement earlier in the process should help improve procurement outcomes for both the council and suppliers bidding for contracts.”
The Act gives the council an increased ability to exclude suppliers under specific conditions such as historical severe poor performance and a central debarment list will make it easier for procurement teams to see details of providers who have been excluded from public sector contracting.
The new procurement rules represent a change in priorities for procurement, one that aims to make the process more transparent and fair for all parties.
More information about the Procurement Act 2023 can be found on the Gov.uk website.