The new Procurement Bill: Transforming public procurement

 
 

The new Procurement Bill is currently at the Commons Report and Third Reading stages. The Bill will then progress to ‘consideration of amendments’ in the House of Lords. If the Lords disagree with any Commons amendments, or make alternative proposals, the Bill will continue to go back and forth until both houses reach agreement. Following this agreement the Bill will then proceed to Royal Assent. You can view the Hansard records of the committee debates and the current version of the Bill (incorporating all amendments to date) here. Having had its first reading in the House of Lords on the 11th May 2022 following the Queen’s Speech on the 10th May 2020 which stated that public sector procurement will be simplified to provide new opportunities for small businesses. 

Public consultation on the secondary legislation required to implement the new public procurement regime established by the Procurement Bill has now opened. You can go straight to this section via this link

The Bill is intended to:

  • Create a simpler regime that works better for the UK, reducing costs and improving productivity.
  • Establish a single digital platform for supplier registration, businesses will only have to submit their data once to qualify for any public sector procurement.
  • Give public sector buyers more freedom and flexibility by allowing them to better negotiate with suppliers and to design the buying process to meet the needs of their specific procurement.
  • Enable smaller contracts to be restricted to UK suppliers, as permitted by World Trade Organization rules, and ensuring that procurement activities aid jobs and innovation.
 

The core provisions in the Bill will extend to the whole of the UK, with the exception of devolved authorities in Scotland whose procurements will continue to be regulated under the existing procurement regime in Scotland. We have agreed with the Welsh Government and Northern Ireland Executive that devolved Welsh and Northern Irish authorities will be included in the Bill. This is subject to minor derogations from certain aspects and certain regulation-making powers in the bill may also be used by Welsh and Northern Irish Ministers in respect of the same authorities.

The Bill makes provision for regulating cross border procurements involving devolved Scottish authorities so they can access English,  Welsh or Northern Irish frameworks and dynamic markets and undertake joint procurement with English, Welsh  and Northern Irish bodies, and vice versa. This is particularly relevant for central purchasing bodies setting up arrangements for cross border use.

You can access a short Procurement Bill factsheet which outlines the key benefits the new procurement regime is designed to bring. You can view the full Procurement Bill and supporting documents on the Parliamentary Website or by selecting the image below. 

The Bill will take several months to complete its passage through Parliament. The Government will give a minimum of six months’ notice before ‘go-live’; this will not be until 2023 at the earliest.  The existing legislation will apply until the new regime goes live and will also continue to apply to procurements started under the old rules. Guidance will be provided to cover the transition from the old to the new regulations.

There is a dedicated webpage on the Government’s gov.uk platform here which will be updated as the programme develops.

Public consultation on the secondary legislation

We are pleased to advise that the public consultation on the secondary legislation required to implement the new public procurement regime established by the Procurement Bill has now opened.
 
This is a technical consultation, split into two parts. This first part of the consultation refers predominantly to areas of the Bill which require lists, calculations or further definitions to be used in practice. Questions seek to understand to what extent the draft secondary legislation provisions implement the policy intent as established in the Bill.  The second part of the consultation will cover the transparency provisions and notices that will be used by Contracting Authorities to fulfil their legal requirements under the Act; it will also include information on the proposed approach to transitional arrangements for procurements already underway at the time that the new regime enters into force and the position on other legislation that will need to be amended in order for the full provisions of the Act to take effect.
 
The consultation is being conducted online, and you can find all relevant information, and the mechanism to respond, via our dedicated page on Gov.uk. The page contains the consultation document, the draft Statutory Instrument, and a link to the survey questionnaire for you to feed back views and comments. 
 
Part 1 of the consultation is open and will close at 11:45pm on 28th July 2023.  Part 2 is expected to launch in July 2023 - further details will be provided in due course.
 

Free Webinar for NWUPC Members - Transforming Public Procurement – Preparing for Changes to PCR

When - Wednesday 22 June, 11:00 – 12:00 - Free to register for NWUPC Members

Join HE Sector expert David Hansom from Clyde & Co as he provides his insight and advice, alongside real-life examples of case law, on expected changes following the Government’s Green Paper: Transforming Public Procurement.  The session will help procurement professionals across the HE and wider public sectors consider changes coming into force in 2023, including transparency obligations and open and closed framework terms.  More information and booking details coming soon!

Transforming public procurement

On 15th December 2020 the Cabinet Office issued a Green Paper ‘Transforming public procurement’ which intends to shape the future of public procurement in England.  The government’s goal is to speed up and simplify procurement processes, place value for money at their heart, and unleash opportunities for small businesses, charities and social enterprises to innovate in public service delivery.

The Government response to the public consultation has been published and you can read more about it HERE.The Green Paper: Transforming public procurement can be found HERE.

The consultation questions in relation to the Green Paper can be found HERE.

Following the publication by the government of the Green Paper, NWUPC reviewed the paper to determine the potential implications along with our members and consortia peers.  The government has conducted consultation with all members of the public sector with the consultation period ending 10th of March 2021.  As we welcome potential changes to procurement processes that will provide greater value to our sector, we have also considered all advantages, disadvantages and potential implications of proposed changes on members, consortia and our supply chains. 

You can read the combined UKUPC response HERE.

You can read the combined NWUPC response HERE.

It is important that the HE sector has a strong and well-represented voice throughout this consultation process.  Your feedback as an NWUPC member was critical to this process and we would like to thank you all for your contribution. 

If you have anything you wish to discuss about the Green Paper please contact us here.

The Cabinet office ask that if you, or colleagues wish to receive updates directly from the Cabinet office please use this form.

 

Page Updated - 01/06/2022