The Procurement Act 2023 is currently expected to come into force on 24 February 2025, and equally apply in Northern Ireland.

A few important points about the transition:

1. The existing legislation (including Public Contracts Regulations 2015) will continue to govern UK public procurement until this “go-live” date.
2. Procurements that commenced before the change in law (e.g., where a Contract Notice has been published under existing legislation) will continue to be governed by the existing legislation.
3. Contracts procured under existing legislation (including call-offs from frameworks awarded under existing legislation) will need to be managed under the existing legislation even after the PA23 comes into force.
4. As a result, procurement practitioners will have to manage two parallel procurement regimes for several years after the PA23 comes into force.

This delayed implementation appears designed to give contracting authorities and suppliers adequate time to prepare for the significant changes the new regime will bring.

The documents note that this is an expected date, suggesting there could potentially be changes to the timeline, though this represents the current planned implementation date.

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Here are the most significant changes introduced by the Procurement Act 2023 and associated regulations:

1. Procurement Procedures & Flexibility

• Reduction from 5 procedures to just 2 main procedures: Open Procedure and Competitive Flexible Procedure
• Greater flexibility for contracting authorities to design their own competitive procedures under the Competitive Flexible Procedure
• Introduction of new “competitive flexible procedure” allows authorities to design bespoke procurement processes

1. Evaluation & Award Criteria

• Change from “Most Economically Advantageous Tender” (MEAT) to “Most Advantageous Tender” (MAT)
• This change allows authorities to take a broader view of what constitutes value beyond just economic factors
• New focus on delivering value for money and maximizing public benefit

1. Selection & Exclusion

• Selection stage renamed as “conditions of participation”
• Expanded grounds for excluding suppliers due to poor performance
• New debarment regime allowing excluded suppliers to be added to a central debarment list for up to 5 years
• Enhanced provisions around conflicts of interest

1. Transparency & Notices

• Significant increase in mandatory notices and publication requirements
• New central digital platform replacing existing systems
• Requirements for Contract Performance Notices for contracts over £5m
• Contract Change Notices required for contract modifications
• New transparency requirements around KPIs and performance monitoring

1. Framework Agreements

• Introduction of new “open frameworks” concept allowing new suppliers to join
• Maximum 4-year term for standard frameworks (8 years for utilities/defence)
• New provisions for direct awards and competitive procedures under frameworks

1. Contract Management

• Greater emphasis on contract management and performance monitoring
• Mandatory KPIs for contracts over £5m
• Enhanced transparency requirements for contract changes and modifications
• New implied terms regarding payment and termination rights

1. Procurement Oversight

• Creation of new Procurement Review Unit within Cabinet Office
• New investigation powers regarding compliance
• Ability to make statutory recommendations to authorities

1. Remedies & Challenge

• New test for lifting automatic suspension
• Standstill period changed to 8 working days (from 10 calendar days)
• Retention of damages and ineffectiveness/set aside as key remedies

1. Market Engagement

• Enhanced provisions for preliminary market engagement
• New Pipeline Notice requirements for authorities spending over £100m
• Greater emphasis on identifying barriers to SME participation

These changes represent a significant overhaul of the UK public procurement regime, with an emphasis on flexibility, transparency, and effective contract management while maintaining appropriate safeguards and oversight.