Helpful guidance is now beginning to emerge from the Cabinet Office, ‘covering subjects from transitional arrangements and covered procurement through to pre-market engagement, award rules, exclusions and contract modifications.’
It is explained that 'the documents will vary in length, but each will typically cover:
- Legal framework
- What has changed
- Key points and policy intent
- Linked notices or guidance, where relevant (hyperlinks to related guidance will be added once all documents are published)
- Where to find further information (hyperlinks will be added once all documents are published)'.
Have a look at Procurement Act 2023 guidance documents - GOV.UK (www.gov.uk).
The guidance is especially helpful in explaining to all involved how to cover gaps in the primary legislation, e.g. on valuation, what can be done if there is an agency acting on a delegated basis within a contracting authority.
Not all the explanations are convincing but it is useful to know the thinking that is being shared, as the guidance will be heavily relied on to defend clunky drafting in the Procurement Act 2023. Far from reducing the number of pages we must read, whole virtual forests will be there to read, mark and inwardly digest.