On 24 February 2025, the Procurement Act 2023 came into force, marking the most significant overhaul of procurement law in recent memory. While some of these issues are complex, we’re committed to helping clients navigate this new landscape.

Suppliers will need to access the Central Digital Platform and upload their information to be able to bid in procurements after the law came into force on 24 February 2025. Read more about the Central Digital Platform here.

Authorities will be able to use one of two procurement procedures for competitive processes: Open Procedure and Competitive Flexible Procedure. Direct awards will be available if the justifications in Schedule 5 of the Act are met (or where the direct award is being made in order to protect life). Authorities and suppliers should familiarise themselves with the new terminology and timescales, and ensure policies and processes are updated accordingly.

The number of notices that must or may be published by authorities in respect of procurement plans and decisions will significantly increase. While this means greater transparency for suppliers, for contracting authorities it means that work needs to be done in the lead up to 24 February 2025 and beyond to ensure procurement teams are aware of their obligations.

Contract management will be regulated to some degree by the Procurement Act 2023 and good contract performance will become significantly more important to suppliers’ ability to win future contracts. For all contracts with a value over £5m, authorities will have to set and publish three KPIs and then publish their assessment of compliance with these KPIs at least annually in a Contract Performance Notice. 

In addition, under s.71(5), authorities will have to publish any instances of sufficiently serious breach of contract or performance failure by their suppliers for any regulated public contract (with some exceptions including Light Touch contracts).

Other authorities will be able to exclude bidders from procurement processes if a s.71(5) notice has been published in respect of any other contract and that authority considers that the circumstances giving rise to the exclusion ground are likely to occur again.

There will be an obligation on authorities to identify any potential or actual conflicts of interest in relation to a procurement and to take reasonable steps to mitigate these. This could include requiring a supplier to take steps to mitigate conflicts.

The conflict of interest rules will also cover any person acting for or on behalf of a contracting authority, including a person who influences a decision made by or on behalf of a contracting authority.

Authorities will be required before advertising a contract to prepare a conflicts assessment, which will then need to be kept under review and updated throughout the life cycle of the contract.

How are we helping you prepare?

As the implementation date approaches, we understand the challenges our clients are facing. Through our bespoke training programmes, delivered both in person and online, we’ve gathered insights into the key questions and concerns surrounding the Act. While some of these issues are complex, we’re committed to helping you navigate this new landscape. 

To support your organisation, we’re excited to launch ProAct 23, a set of tools designed to assist with understanding, preparing for, and complying with the Act in England and Wales. ProAct 23 is a set of resources designed to assist with understanding, preparing for, and complying with the Act, giving practical, scenario based guidance on safe and effective procurement. Through Masterclasses (on-demand videos), topic guides and online resources (including a workbook), your clients will have a guide at their fingertips for the whole organisation. 

To find out more about how ProAct 23 can help your organisation watch our introduction video here, or explore our dedicated ProAct 23 Basics page here, full of free resources to help get you started.

Contacts:

Emily Heard - Partner, Bevan Brittan LLP - emily.heard@bevanbrittan.com

Bevan Brittan are an official sponsor for the 2025 Energy from Waste Conference, taking place in London on 5-6 March. Find an exclusive EfW Network discount code here!