The New Procurement Act: Six Months On

Six months into the implementation of the UK’s new procurement regime, contracting authorities and suppliers are increasing in confidence, but still wary of pitfalls in the new rules.  As the number of successfully ran procurements visible on the Central Digital Platform grows, the public procurement sector awaits the inevitable body of case law that will clarify and refine the notices, procedures and powers under the new regime.  Time will tell if the Procurement Act’s implementation is running smoothly, albeit cautiously, or if this is the calm before a storm of challenges?

Quigg Golden offers expert guidance on all aspects of the new Procurement Act. Get in touch with our procurement experts here.

Edward Quigg, Director: “So far, the Act feels less like a big bang and more like a damp squib. Our advice to clients has been keep doing what you already do well, and then gradually start experimenting with some of the new freedoms. That measured approach seems to be working.”

Claire Graydon, Associate Director: “While the new Procurement Act represents a significant shift in how we approach public procurement, there’s still a great deal of uncertainty among clients and stakeholders. Many of the day-to-day processes, particularly around the new notices and the way change is managed, require getting used to. The introduction of new terminology has also added unnecessary complexity in places, which has, at times, confused rather than clarified. So far, it’s been relatively smooth sailing, but we anticipate that the real challenges will emerge over the next couple of months as larger, more complex procurements (initiated post-implementation) begin to progress through the new framework.”

The Procurement Act is a fairly ambitious piece of legislation, seeking to simultaneously make public procurement more streamlined, cost effective, and transparent, while also trying to avoid too radical a departure from the expectations and training of suppliers and Contracting Authorities. So far, we have seen caution as Contracting Authorities tentatively come to grips with the changes in terminology, priorities and procedures of the new Act. Competitions have largely followed the lines of the old PCR 2015- an Open Procedure here, and competitive procedure using negotiation there.  

Among suppliers, there is apprehension over, for example, the debarment list, but also interest in the likes of Dynamic Markets, and in having increased visibility of upcoming opportunities through pipeline notices.  The sector has caught its breath and settled into a new normal and is perhaps considering next steps. However, and quite sensibly in the absence of case law guidance, change has been, and it appears will remain, gradual.