Procurement Act 2023 top tips: Award stage

The Procurement Act 2023 goes live in just three weeks - on Monday 24 February 2025. We're counting down with a series of top tips to help get you ready for the transition. This week we consider practical steps for the award stage. 

For Contracting Authorities:

1. Update your diaries: Ensure relevant time periods and deadlines are diarised (including for the new 8 working day standstill period). 
2. Give yourself some flex: A new framework for modifying procurements (including award criteria) during the process has been introduced which provides flexibility. Make the most of this by including clear provisions in your tender documents and then ensuring that all necessary processes have been followed before implementing a change.  
3. Take care with KPIs: Make KPIs well-defined and achievable given the prospect of poor KPI performance being publishable and the potential consequence of exclusion or debarment for non-performance. Be prepared to be responsive to bidder feedback on KPIs.
4. Confirm confidentiality: Have clarity on what each bidder considers confidential in their bids so that you don’t inadvertently include confidential information in any published or issued documents (e.g. the assessment summary of the winning bidder).
5. Get ready for Assessment Summaries: Have processes in place which allow for smooth production of robust assessment summaries: review your evaluator templates to ensure that feedback can be carried across. 

For Bidders:

1. Understand the requirements: Review Tender Notices and associated tender documents carefully. If necessary, clarify the requirements with the authority at an early stage of the process.
2. Consider potential for flex: Prepare to be responsive to the prospect of a procurement being modified mid-process.  If you are considering withdrawing at any point, make sure your reasons for withdrawing are clear – this may restrict the authority’s ability to change procurement following your withdrawal.
3. Update submission documents: When preparing bids, be aware of the procurement objectives, including delivering value for money, maximising public benefit, sharing information and acting with integrity. Where relevant and appropriate, couch your bid and any questions, requests or complaints by reference to those. 
4. Scrutinise proposed KPIs: Raise clarifications early with the authority if there are any concerns as to whether KPIs are sufficiently well-defined and achievable, and evaluate the impact your supply chain may have on KPI performance. Be aware of the prospect of poor performance being publishable and the potential consequence of exclusion or debarment for non-performance. 
5. Be clear on confidentiality: Ensure it is clear where aspects of your tenders are confidential and provide appropriate justification, particularly given the enhanced transparency requirements for Assessment Summaries. Blanket assertions of confidentiality are unlikely to be accepted by an authority. 
6. Prepare for Assessment Summaries: Be prepared to scrutinise assessment summaries for compliance and raise concerns early (and always within any relevant standstill period). 

You can visit our PATH page for more articles, guides and videos on the PA23. Alternatively contact Laura Wisdom or another member of our procurement team if you are interested in a tailored workshop or discussion on issues specific to your organisation.