The Procurement Act 2023: Key changes and what you need to know
The Procurement Act 2023: Key changes and what you need to know
February 24, 2025
United Kingdom
United Kingdom
United Kingdom
Why should I read this?
The Procurement Act 2023 (the “Act”) finally comes into force today, 24 February 2025. The Act introduces greater flexibility, transparency, and accountability. All tender notices published from today will be subject to the provisions of the new Act. Any procurements initiated before then will continue under the existing regulations.
What do I need to know about the Act?
Key changes introduced by the Act
Simplified procurement procedures
Introduction of a competitive flexible procedure, allowing authorities to design procurement processes tailored to their needs
Reduction of existing procurement procedures to streamline processes
Enhanced transparency
New mandatory notices at all procurement stages to increase visibility and accountability
Introduction of a Central Digital Platform to improve access to procurement data
Greater focus on social value
Authorities are encouraged to consider broad factors when evaluating public contracts, including social, environmental, and innovation factors alongside cost
Prompt payment requirements
30-day payment terms extended to subcontractors to support SMEs and VCSEs
Introduction of a central debarment list
A new mechanism for excluding suppliers, ensuring integrity in public procurement
What should I do?
The Act aims to make public procurement more transparent, fairer, and accessible. Both authorities and suppliers should ensure they understand the new rules and adjust their processes accordingly.
Key considerations for contracting authorities
Familiarise with the new rules
Review the competitive flexible procedure and understand how it can be applied in practice
Prepare for transparency requirements
Authorities will need to be prepared to publish more notices at different stages of the procurement process
Ensure internal processes are updated
Ensure supply chains are ready for prompt payment rules
Authorities will be responsible for ensuring compliance with new payment terms
During the contract
For contracts over £5m, at least three KPIs will need to be published and supplier’s performance against those KPIs monitored and published each year
Increasing or decreasing the contract term by 10% or more will constitute a substantial modification
Understand the exclusion and debarment list processes
Understand the new exclusion grounds, monitor performance against KPIs and keep records of poor-performing suppliers as exclusion decisions may need to be justified
Key considerations for suppliers
Stay up to date with new notices
With increased transparency, new opportunities will be easier to find
Be proactive in monitoring tenders
Demonstrate social value contributions
Contracts are more likely to consider environmental and social benefits - adapt bids to reflect these priorities
Ensure your teams are familiar with the National Procurement Policy Statement
Prepare for the competitive flexible procedure
Greater flexibility potentially means greater variance in procurement processes - be ready to tailor responses accordingly
Ensure prompt payment compliance
If working as a prime contractor, ensure payment terms flow down to your subcontractors
Check for exclusion and debarment risks
Be prepared to scrutinise KPIs
Maintain strong compliance and track record of performance to avoid potential exclusion
Identify and monitor potential issues in group companies and the wider supply chain
You can find further information on the Act in our resources below. If you would like to discuss any of the key changes or considerations of the Act and how this may impact you, please reach out to one of the key contacts below.
The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer.