Procurement Act 2023: What you need to know Our quick overview of the changes you need to be aware of in the new procurement regime for England, Wales and NI. These changes are planned to go live from 24 February 2025. Single Act replacing multiple existing regulations to provide a simplified regime (although with specific provisions for defence, utilities, concessions and light touch contracts). The Act will be fleshed out by secondary legislation and guidance. Overhauled exclusions regime based around concepts of ‘excluded’ and ‘excludable’ suppliers (or ‘associated suppliers’) and a centralised Debarment List (including processes for additions, removals and appeals from the list). Specified procurement objectives which Contracting Authorities must “have regard to” when conducting procurements. These objectives differ from the current core principles. Multitude of Notices some 18 new or changed notices, in place of a general obligation of transparency (including for Direct Awards and contract modifications). Parallel regimes with the existing procurement rules continuing to apply to all procurements started (and contracts awarded) before the Act goes live. Procurement oversight giving ‘appropriate authorities’ power to investigate compliance with the Act (but not available for individual procurements). In-life contract management a ‘procurement’ will expressly include management of the awarded contract, including circumstances where KPIs must be set, monitored and publically reported against. New definitions including for fundamental concepts such as ‘public authority’ ‘procurement’ and ‘public contact’. ‘Plain English’ provisions, moving away from EU concepts and terminology. More flexible procedures a single ‘competitive flexible procedure’ replacing multiple existing routes, allowing greater scope to tailor the process. Introduction of an expanded set of Direct Award justifications, ‘Open Frameworks’ (suppliers can join while live) & Dynamic Markets. In-life contract modification an expanded set of circumstances in which modifications can be made, but allied to a regime requiring (in most cases) transparency of those modifications to the market. Find out how we can help you prepare for the new regime with our newsletter and training offerings by contacting procurement@burges-salmon.com.
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