Integrating new procurement regulations
The Government has announced that the official go live date for the Procurement Act will be 28th October 2024.
This blog is the latest in a series from the providers on NOE CPC’s Legal Services framework.
As part of our theme of Integration Matters, we sat down with Lucy Probert, Senior Associate in Health Commercial with Hill Dickinson LLP. Lucy specialises in advising on healthcare clients on complex contractual arrangements. We discuss with her how organisations can best implement the changes the Procurement Act will bring.
What are your top three tips for supporting the integration of the new procurement act rules into team procurement activity?
Firstly, there is no substitute for reading the Act itself. There is a lot of helpful guidance available on the Transforming Public Procurement page, including ‘knowledge drops’ which explain the new rules in an accessible way.
Secondly, review and revise procurement documentation now so that you are confident in the process you need to follow from 28 October 2024. Many of the changes are about developing robust processes so updating your documentation is an easy way to ensure you are aware of all advertising, record keeping, and publication requirements.
Finally, there is a lot more flexibility in the procedures under the Act with only one legislative procedure (the open procedure). There is a danger that procurement teams will not take full advantage of this flexibility if old procedures are simply recycled so it is a good idea now to spend some time considering what best practice you can take from the current ways of working and how these can be adapted to best suit your needs. Putting this ground work in now will give time and space to develop and assure these processes prior to implementation.
A lot of teams will be facing the challenge of having contracts operating under three different sets of rules, how can teams ensure they maintain these contracts within the rules they are aligned to?
This is an example of where adopting process early on can save doubt and/or uncertainty later. It would be useful to set out a series of questions or a flowchart that directs anyone picking up a new contract award procedure to the correct set of rules. For example, who is the contracting authority? What is the subject matter of the procurement? What is the estimated value? This should narrow the possibility of going down the wrong path.
What support is available for teams integrating the Procurement Act and Provider Selection Regime rules into their working practices?
Cabinet Office and others have produced some really useful materials including the following:
- Transforming public-procurement
- Learning and development offer for contracting authorities
- Procurement planning and preparation checklist
- Benefits for Prospective Suppliers to the Public Sector - GOV.UK (www.gov.uk)
- Procurement planning and preparation checklist
- Procurement Act 2023 guidance documents - GOV.UK (www.gov.uk)
At Hill Dickinson, we have also been producing updates on the new rule, recording some short videos discussing exciting changes and delivering seminars. These can all be found on our website.
What opportunities will the new Act provide for better integration between procurement organisations and customers and /or suppliers?
Both the Act and the changes to the wider procurement landscape promote closer working relationships between suppliers and the public sector. Particularly with regards to transparency of decision making, which allows a greater degree of visibility and understanding of authority’s requirements, and of what is expected from suppliers. There is also a recognition that the public sector needs to engage with the provider market for example, through the promotion of more structured market engagement activity. The emphasis is also shifting away from the point of contracting, with additional focus on the ongoing working relationship following award for the whole life of the contract.
Procurement Act guidance documents are available on the gov.uk website.
NOE CPC are also hosting events with our legal providers; you can find information on upcoming dates here.