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Procurement Notices

Transparency is a core focus of the new rules, so we'll see changes that will increase the amount of admin required to run procurements, specifically the number of notices that you will need to publish.

The notice requirements will be part of each stage of the procurement process to allow full visibility across the procurement lifecycle, from planning to tender, contract award, contract management, and termination.

Top tip: Familiarise yourself with the new notices. If you have an e-tendering system, ensure it's ready for the change.

Centralised Digital Platform

The government is building a new centralised digital platform for public procurements, which we understand is being developed over time and rolled out in phases. The platform aims to encourage transparency in public sector tendering by bringing all available information together. It will allow visibility of suppliers to the public sector and information on excluded suppliers.

The platform also aims to digitise the single procurement document through the Supplier Information functionality. Suppliers only need to enter information once, allowing schools and trusts to access it directly through the portal. This reduces the need to copy and paste standard information for each tender.

Tip: Visit the government website for the latest updates on Transforming Public Procurement, or sign up for direct updates here.

Routes to Market

Existing procurement processes will be replaced by two competitive routes and a third option for direct awards in specific circumstances:

Open procedure – This is an open route allowing a single-stage open competition with no restrictions to award a contract.

Competitive flexible procedure - This route allows you to create and design your own process for awarding a contract. You can include various stages to make your process relevant, flexible, and easier to use.

Direct award - Like the current rules, the new rules will allow you to award some contracts without competition in limited, specific circumstances, such as emergencies or where there is an overriding public interest in doing so.

Schools and trusts will also continue to be able to develop and award contracts through frameworks and dynamic markets.

Frameworks and Dynamic Markets

The Procurement Act 2023 sees several changes to frameworks and the introduction of Dynamic Markets.

Frameworks will primarily operate as they did before. However, the Act introduces open frameworks designed to be more flexible and accessible for suppliers than traditional frameworks.

Dynamic Purchasing Systems (DPS) will be replaced with Dynamic Markets, a tool available to public sector bodies for all purchases of goods, services, or work. A couple of significant changes are that a Tender Notice is required for each procurement and that a dynamic market cannot be used for a below-threshold contract.

Tip: A contract awarded under a framework or DPS derives its compliance from whichever rules apply to the establishment of that framework or DPS. If you call off a framework or DPS set up under the Public Contract Regulations 2015, these rules will apply to your call-off.

Training and Guidance

Acknowledging the significant impact of the biggest change to public procurement in a generation, the government offers a free training package to help public sector organisations implement the new rules. The learning and development opportunity is split into four types of training, each aimed at different audiences:

Knowledge Drops provide a general awareness of the new rules, so if you are involved in procurement, you should watch Parts 1 to 6 of these videos. Alongside these, a factsheet for schools has been made available.

E-Learning - 10 hours of e-learning and ongoing written guidance are being offered to practitioners. If you are responsible for procurement, then you should undertake these. Once you have completed the course, you will be awarded a certificate and e-badge to add to your signature.

Deep Dives is advanced learning offered to practitioners who need to become experts in the new rules. This three-day course helps build confidence and develop skills to operate procurements. Attendees must first complete the e-learning and will again receive a certificate of achievement and e-badge on completion.

Communities of Practice have been established for organisations to network, share best practice and innovate public procurement together and will be ongoing.

Tip: Training is provided through the government's Commercial College. If you haven't already, sign up at www.govcommercialcollege.co.uk to access the training.

We're here to help

Check out our Procurement Reform for Education webinar below.