Knowledge Drop for Suppliers Part 2

This Knowledge Drop provides an overview of the Procurement Act 2023, targeted at suppliers into UK public, utilities and defence sectors. It highlights the changes that the Procurement Act 2023 brings to make it simpler and more flexible than the previous legislation which can cause organisations to need to change how they do business with UK government, utilities and defence. As a devolved issue, it is worth noting that the Scottish Government will continue to have its own legislation.
  • Strengthened approach to Conflicts of Interest (COI)

o   If a conflict of interest cannot be mitigated or avoided, then that supplier must be excluded from the procurement

o   Contracting Authorities will need to carry out a COI assessment

o   Designed to demonstrate that the procurement process is being managed fairly.

  • Easier for suppliers to participate

o   New Central Digital Platform built on the existing Find a Tender system

o   Single procurement system for suppliers to provide their business credentials in a ‘tell us once’ fashion and therefore reducing duplication of supplying that standard information in the early stages of a procurement.

o   The platform will allow suppliers to set up custom searches and receive alerts to opportunities that match your business interests.

o   The platform will be free to access. The expectation is that buyers will use their existing e-procurement systems to publish procurement notices and manage tender submissions.

o   It will be the responsibility of the supplier to ensure their information on the Platform is kept up to date.

  • Better value for money

o   Introduction of Most Advantageous Tender – MAT thereby broadening the range of award criteria that may be used in a procurement

o   Sets the standard that procurement teams are interested in more than just the lowest price and that wider value and impact are important

o   Suppliers can show how they can deliver value to their local economies – such as social value

  • Emphasis on early supplier engagement

o   Through publishing pipeline notices for contracts over £2m by all contracting authorities that spend over £100m per annum at the start of each financial year

o   New preliminary market engagement notice alerts suppliers to early market engagement activities. Designed to help buyers understand what the market can offer and the opportunities for innovation, suppliers can use these opportunities to shape and inform the procedure.

  • Flexibility in procurement procedures

o   Two types of competition – open and competitive flexible

o   Contracting authorities can now design procurement processes to best suit the market

o   Competitive flexible allows for additional stages to create a multi-stage tendering process, opening up opportunity for negotiation and dialogue with suppliers

o   Product demonstrations and prototyping can be built into the tender assessment process

o   Transparency requirements will ensure authorities clearly set our their procedures in advance and communicate information through tender notices and associated documents

o   Pre-market engagement set out as best practice.

  • Frameworks and dynamic markets

o   Introduction of Open Frameworks providing flexibility to appoint new suppliers and suppliers can join at different stages. Frameworks will reopen within first 3 years and should not be closed for more than 5 consecutive years.

o   Dynamic markets are a list of qualified suppliers eligible for future procurements. Suppliers can join at any time.

o   All frameworks and dynamic markets will be listed on a register within the Digital Platform

  • Direct Awards

o   New provision for emergency procurement

o   Contracting authorities must publish a transparency notice when intending to direct award

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Knowledge Drop for Suppliers

Knowledge Drop for Suppliers Part 3


Knowledge Drop for SME's

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