Procurement Act 2023 top tips: Planning stage

The Procurement Act 2023 goes live in just five weeks - on Monday 24 February 2025. We'll be counting down on a weekly basis with a series of top tips for both contracting authorities and bidders to get ready for the transition. This week we consider practical steps to take to get ready for the planning stage. 

For Contracting Authorities:

1. Parallel regimes: There will be parallel regimes in place for a significant period of time, with procurements commenced prior to the PA23 go-live date managed in accordance with the existing regime, and procurements commenced on or after go-live being subject to the new regime. Ensure that your contract management teams are aware of the distinction and that all contracts are correctly identified on your systems with the correct regime.   
2. New terminology: Ensure that your procurement documents and processes reflect the new terminology used under the PA23: be aware that terms may have a different meaning than they do under the current legislation.
3. New “have regard to” obligations: These obligations indicate that greater subjectivity will be permitted in decision-making, but ensure your written records can demonstrate compliance with these new standards. 
4. “Award, entry and management”: The new law includes numerous obligations (and principles) that apply to the entirety of the contract term: ensure contract management teams are aware of these obligations and prepared to comply with them (especially around payment and performance). 
5. Preliminary market engagement: As best practice, this should be built into the majority of regulated procurements. 
6. Greater flexibility: Ensure that your procurement templates and processes have been updated to reflect the new regime, and consider how the increased flexibility available can best be used to bring value to your organisation. 
7. Increased transparency requirements: Be aware of these if you are considering whether to make a direct award.

For Bidders:

1. New notices: A significant amount of new detail will be available through the Central Digital Platform. Ensure you have appropriate alerts set up for Pipeline Notices, Preliminary Market Engagement Notices, Tender Notices and Transparency Notices to help target opportunities. Build the review of these notices into your standard procedures.
2. Preliminary market engagement: Use these sessions to identify any issues which are likely to have a significant impact on your bid strategy (e.g. risks and “showstopper” items which may prevent you from bidding). This will help the authority understand the market’s approach, and can help deliver a better procurement for all.   
3. Incumbency: Consider checking with the authority about any incumbent suppliers or prior third-party involvement. Ask what measures will ensure a fair procurement.
4. Central Digital Platform: Ensure you (and your bidding group / supply chain members) are set up in advance of target opportunities being advertised. 
5. Tender notices: Clarify early if you believe additional information is needed to allow you to prepare a tender. 
6. Transparency notices: Authorities must issue transparency notices for direct awards and observe standstill periods before awarding contracts. Raise issues quickly during the standstill period if a direct award seems unjustified.

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.