New Legislation in Public Procurement: Introducing the Procurement Act of 2023

A significant shift is on the horizon in the realm of public procurement as the Procurement Act 2023 is set to take effect on 24 February 2025 across the UK. As this date approaches, both contracting authorities and suppliers need to be mindful of various aspects related to the implementation of this new legislation.

Many organizations have been diligently reviewing and revising their procurement documents in preparation for the enactment of the Act. These revisions involve updating terminology to align with the new regime, such as replacing “contract notice” with “tender notice” and introducing terms like “competitive flexible procedure” instead of “restricted.” Additionally, modifications are being made to ensure the proper inclusion of subcontracting details, Key Performance Indicators, and refined award criteria in procurement documents.

One key feature of the Act is the establishment of a central digital platform that will serve as an enhanced version of the existing Find a Tender service. This platform aims to streamline the process of publishing necessary notices and documents in accordance with the provisions of the new legislation. Scheduled to go live on 24 February 2025, the central digital platform will facilitate contract searching and bidding for suppliers while aiding buyers in meeting transparency requirements mandated by the Act.

In Northern Ireland, eTendersNI plays a crucial role in facilitating tendering competitions for many contracting authorities. As the Act comes into force, adjustments will be made to the eTendersNI system to accommodate the changes outlined in the new legislation. While the impact on suppliers submitting tenders is expected to be minimal, certain modifications will be implemented to align with the Act’s requirements.

Transitional arrangements have been put in place to address procurements that were initiated prior to the implementation date of the Act. Existing procurement regimes will continue to govern procurements where contract notices were submitted for publication before 24 February 2025, among other specific circumstances outlined in the transition provisions.

The impending changes ushered in by the Procurement Act 2023 introduce not only practical adjustments to the procurement process but also new legal concepts that will require careful consideration. With uncertainties surrounding the interpretation and application of these new concepts, organizations are urged to finalize their procurement documents to ensure compliance with the forthcoming legislation.

As the implementation date of the Act draws near, it is crucial for contracting authorities to initiate their procurement processes promptly to mitigate any potential disruptions caused by the downtime in the Find a Tender website. For further inquiries regarding the implications of the new legislation or assistance with commencing and managing procurements, stakeholders are encouraged to seek guidance from legal professionals familiar with the intricacies of the Procurement Act 2023.