As you may have seen, the Cabinet Office has announced that the go-live date for the Procurement Act 2023 (PA 23) has been delayed and will commence on 24 February 2025.
We know the Government says that it will be using this time to produce a new National Procurement Policy Statement (NPPS), but contracting authorities have the opportunity to draw breath, whilst continuing to prepare for and implement the PA 23. We set out below some key focus areas:
- Update your Contract Procedure Rules/Contract Standing Orders and Procurement Policy to ensure these provide clarity around which procurement rules will govern procurements and contracts once the PA 23 comes into force and reflect the language used in PA 23.
- Review your strategic policies and corporate plan and consider your local and national priorities to incorporate moving forward. Ensure you have clear guidance on addressing these priorities at each stage of the procurement lifecycle.
- Consider setting out some guidance which explains the different routes to market (i.e. via a procurement procedure or commercial purchasing tool) and the flexibilities and restrictions applicable to each one/guidance on how to use these effectively.
- Ensure all relevant teams are trained on the PA 23, in particular ensuring there is a working knowledge of when notices are required and what information needs to be included.
- Update your contract documents to ensure the obligations under PA 23 are caught, specifically those relating to contract management post-contract award.
If you would like support or advice on any of the above, please contact me.