Blog: 29th September 2023 - Bevan Brittan, Corporate Partner

In December 2020, the government launched its consultation on Transforming Public Procurement, with the aim of simplifying and speeding up the procurement process.  Getting on for three years later, the Procurement Bill has now reached the final stages of its journey through parliament.  For those wishing to read more about the lively debates on the Bill, all of the papers can be found via this link. 

Whilst there is lots in the Bill to inspire contracting authorities (for example, the flexibility offered by the new Competitive Flexible Procedure should encourage authorities to design procurements which are really fit for their particular purpose), there is also a lot to adjust to. To start with, the notices to be published are more numerous, and some of them are now known by different names. For example, a Contract Award Notice is now something which has to be published before the contract can be awarded, which could trip up the unsuspecting officer used to publishing a Contract Award Notice after the event as now.  For suppliers and authorities alike, the new rules on exclusion and debarment are a significant change, as will be the central supplier register.  Although the government has said that the changes won’t come into force until October 2024, with a six month transition period from March 2024, there is a lot to think about and do.  The government is rolling out a training package and you can locate more details here.

In summary though, authorities will need to think about starting to prepare now, including:

-       Adjusting to how to run a new procedure (we will now have just open and competitive flexible procedure)

-       Ensuring internal arrangements are in place to plan for and publish pipeline notices, and that the systems recognise the new notice terminology

-       Ensuring systems are set up to work through the “excluded” and “excludable” supplier considerations

-       Guidance to evaluators on the critical importance of the audit trail, as the new “assessment summaries” will need to give suppliers different information on debrief

-       Differences in how frameworks are operated, and that dynamic markets are no longer a “one stop shop”

-       The importance of thinking about what KPIs to report against, and other contractual changes which the new regime should trigger. 

Bevan Brittan has produced a series of Talking Heads videos which are designed to break down these topics into watchable ten minute chunks, helping you to map out what issues you need to get to grips with.  The series is available free of charge.