Welcome to the December 2023 edition of Procurement in Profile.
In this festive edition of Procurement in Profile, we continue to look at key changes arising out of the recent procurement reforms. Following the extensive period of consultation on the new regime and its much publicised passage through Parliament, the Procurement Act 2023 (the "Act") received Royal Assent on 26th October 2023. This final step in the legislative process is but the beginning of the journey for implementing the new procurement rules, and kick starting the implementation and transition period before the Act comes fully into force.
The Act is still expected to "go live" in or around October 2024, which leaves a little under 12 months for contracting authorities to fully prepare for the changes coming through under the new legislation. Now is the perfect time for contracting authorities to gear up for these changes, getting used to the many stylistic and linguistic changes in the domestic regime, and identifying how to make the most of the new flexibilities and opportunities available to them. As a first step, contracting authorities can now access the Cabinet Office's series of Knowledge Drops. These knowledge drops are divided into three categories (either for contracting authorities, suppliers or SMEs/VCSEs) and are a useful introduction to many of the new requirements of the Act (ranging from publication requirements for pipelines, to changes to the supplier exclusion regime) and form the first stage of a wider offering of Learning and Development from the Government to assist in the transition to the new rules.
Additionally, and to assist in getting ready for the Act, over the next few months Trowers & Hamlins will be publishing recorded bitesize Procurement on Demand (POD Bites) to cover the key concepts under the Act. Our first two POD Bites are now available, and links are included in this edition of PIP (one setting out an overview of the new Act, and another looking at the new noticing regime which underpins the transparency obligations embedded throughout the new regime).
From all of us in the Trowers & Hamlins procurement team, we hope you all have a well-earned rest over the next few weeks, and that we all come back ready to hit the ground running in the lead-up to an exciting 2024 for all things procurement!
List of Articles:
Procurement on Demand – Procurement Act 2023 overview
The Procurement Act 2023 received Royal Assent on 26 October 2023: Partner and Head of Public Procurement, Rebecca Rees, provides an overview of the Act.
Updated Public Procurement Thresholds from 1 January 2024
The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2023 were published on 26 October 2023 and will come into force on 1 January 2024, updating the financial thresholds for the Public Contracts Regulations 2015, the Concession Contracts Regulations 2016, and the Utilities Contracts Regulations 2016.
Trowers comments: Will the Procurement Act 2023 really transform public procurement?
In Building Magazine, Partner and Head of Public Procurement, Rebecca Rees provides an overview of the Procurement Act 2023 and examines whether it will truly transform the construction sector.
Procurement on Demand – Noticing the notices
The Procurement Act 2023 has received Royal Assent and there's a lot of work to be done to understand what changes will affect bidders and contracting authorities alike. How, what and when do you need to prepare? Partner, Charlotte Clayson provides an insight on the new legislation to help guide you through the key changes and issues that may arise.
PPN 10/23: Taking account of a bidder’s approach to payment in the procurement of major contracts
The cabinet office have published PPN 10/23 which replaces PPN 08/21 from 1 April 2024 regarding taking into account a bidder's approach to payment in the procurement of major contracts. The PPN sets out steps for all in-scope Central Government contracts which are in excess of £5m per annum in value.
Procurement Act 2023 – Cabinet Office videos
The cabinet office have put together a collection of videos and animations to help guide the sector through the key changes.
The Procurement Act 2023 – key implications
On 26 October 2023 the Procurement Act 2023 (the Act) received Royal Assent, concluding the nearly three year journey from the initial consultation, and paving the way for the legislative reform of the post-Brexit public procurement regime.
