Thursday 27th February 2025
The Procurement Act 2023 went live on the 24 February 2025.
The goal of the Act is “to speed up and simplify procurement processes. It does a lot more than that, and there are benefits and potential pitfalls for suppliers. This note summarises the key changes that suppliers should be aware of.
Getting registered on ‘Find a Tender’: the Central Digital Platform
Are you registered on the Central Digital Platform, also known as ‘Find a Tender’? In order to bid for public sector contracts (the ones that are covered by the Procurement Act 2023), you will need to be on it, but this one stop shop should make it easier to bid for contracts, and it is free to register and search.
Did you know that social value has greater prominence in the Act?
There is a greater focus on social value in the Act. This means that buyers will consider factors like environmental impact, community benefits and ethical practices when evaluating bids, alongside price and quality.
Planning is king
There is more emphasis on the “procurement pipeline” – mandated in certain circumstances – this should help you keep you abreast of the opportunities coming up, giving you more time to prepare a considered and timely bid.
Prompt payment rights
The Act strengthens protections for suppliers, including measures to ensure prompt payment and fair treatment throughout the procurement process. We know how important this is to SMEs.
Buyer transparency requirements
The Act provides buyers with more flexibility but the trade-off is greater transparency. Buyers must publish multiple mandatory notices throughout the contracting process, ensuring openness at each stage.
Standstill period has changed
The standstill period has changed – it now must be at least 8 working days, beginning with the day on which the contract award notice is published.
Good news for SMEs
SMEs have been described by government as the “backbone of the economy”. The Act potentially makes it easier for SMEs to bid for opportunities. Examples include reduced upfront costs for suppliers tendering for public contracts, for instance by allowing evidence of insurance policies to be provided at call-off rather than at the framework award stage.
Driving innovation
The Act is intended to foster innovation by allowing public sector buyers more flexibility in the procurement process – enabling suppliers to understand the challenges and to develop solutions to tackle them.
Frameworks
Have you been caught out in the past by missing a framework opportunity and had to wait years before it came around again? Buyers now have flexibility to have open frameworks creating a more agile market by allowing suppliers to be added during the lifespan of it!
Post contract award management
There is more focus on post contract award management, including in certain instances a requirement for buyers to publish a copy of the contract, for the inclusion of KPIs (mandated in certain circumstances) and the publication of contract performance notices.
For more information on what the new Procurement Act means for you as a supplier, get in contact with CiaraCampfield@Stoneking.co.uk