The UK public procurement landscape is undergoing its most significant transformation in decades, with the enactment of the Procurement Act 2023. One of the new regime’s core principles is transparency, with the goals of building public trust, fostering greater competition, and ensuring value for. As part of its new transparency measures, the Act has introduced a number of new notices and reporting requirements.
For both contracting authorities and contractors, the new transparency requirements have practical day-to-day implications. Broadly, there is an increased expectation that information will be published not only at the tender stage and point of contract award (as in the prior regime) but from the planning of the procurement process through to its conclusion, including how contracts are managed and delivered post-award.
Understanding these obligations and the broader goals that underpin them, is essential for effective engagement in the new regime.
Quigg Golden provides comprehensive advice to contracting authorities and contractors, from initial strategy development through to contract award, management and representation in challenges.
Should you need advice on navigating the changes introduced by the Act, please do not hesitate to contact Harry King at: harry.king@hf.law
Don’t forget, on 20 November, the procurement team are hosting a ‘bite-sized briefing’ on Transparency and Notices. You can register for free for ‘What the market needs to be told about public purchasing’ here.
The Procurement Act 2023 introduces a comprehensive set of publication requirements across the procurement lifecycle. All required notices and reports will be published electronically on a new Central Digital Platform.
While most notice duties fall upon authorities, contractors are directly impacted—particularly through the new requirements for contract performance reporting and publication of Key Performance Indicators (KPIs). Contractors should expect increased scrutiny of their delivery, with performance publicly reported at regular intervals.
A significant change under the new procurement regime is the mandated publication of KPIs for certain “relevant contracts”, generally those awarded by central government authorities above specified thresholds (currently £5m, though this may evolve). For these contracts:
– Authorities must list at least three KPIs at contract award, or state why fewer are appropriate.
– Contractors performance against these KPIs must be published annually throughout the contract term, and on contract completion or termination.
– Data includes quantitative achievement levels and any reasons for underperformance, including information regarding breaches of contract or poor/incomplete performance.
This increased transparency around KPIs is designed to provide both public and market oversight of supplier delivery, create clear incentives for ongoing performance, and to allow potential new entrants access to up-to-date data on major public contracts.
The 2023 regime introduces a detailed set of statutory notices. It is important to understand which notices are required to be published and when.
– Pipeline Notice:
Pipeline Notices are required for contract with an estimated value of over two million pounds, and will set out anticipated procurements over the following 18 months. The goal of such notices is to support supplier market planning and early engagement.
– Planned Procurement Notice:
A Planned Procurement Notice is an optional notice which signals a Contracting Authority’s intention to commence a procurement procedure, often used in advance of market engagement. While optional, opting to publish a Planned Procurement Notice can be useful to stimulate market engagement and allowing for reductions in tender timescales.
– Preliminary Market Engagement Notice:
Preliminary Market Engagement Notices are required where market engagement is anticipated or has taken place. If the contracting authority does not publish this notice, they must provide reason in a tender notice as to why not.
– Tender Notice (previously ‘contract notice’):
Tender Notices are a mandatory notice which are published when a Contracting Authority is undertaking an open or competitive procedure (including establishing a framework contract) or procuring a regulated below-threshold contract.
– Transparency Notice:
Transparency Notices are mandatory to set out the justification for directly awarding a contract.
– Below Threshold Tender Notice:
A Below Threshold Tender Notice must be published on the Central Digital Platform prior to advertisement of a ‘notifiable’ below-threshold contract.
– Contract Award Notice:
A Contract Award Notice is a mandatory notice which is published to confirm the outcome of the procurement and commence the “standstill” period (now eight working days) before awarding a contract under the open or competitive flexible procedure to allow for legal challenge.
– Contract Details Notice:
Contract Details Notices are mandatory and publish details of the awarded contract within 30 days of the award. This includes regulated below-threshold contracts and those procured by direct award. For public contracts valued at £5 million or more, the contract itself must be published, with commercially sensitive information redacted.
– Procurement Termination Notice:
Procurement Termination Notices must be published if, a Contracting Authority terminates a procurement process after commencement but without awarding the contract.
– Below Threshold Contract Details Notice:
Contracting Authorities must publish this notice when awarding a below-threshold contract.
– Contract Change Notice:
Contract Change Notices are required when making certain modifications to an existing contract, such as extensions or material variations. It is not mandatory where the modifications increase/decrease the value by less than 10% (goods/services)/15% (works) or increase/decrease the term of the contract by less than 10%.
– Payment Compliance Notice:
Payment Compliance Notices are compulsory disclosures showing when a Contracting Authority has made payment under a public contract.
– Contract Termination Notice:
Contract Termination Notices must be published by the Contracting Authority within 30 days of a contract termination. Under the Act, termination includes expiry, discharge, being set aside or recission.
– Contract Performance Notice:
Contract Performance Notices must be published to communicate KPI scores for public contracts worth over £5 million (at least annually). They must also be published within 30 days of the supplier’s poor performance or breach of contract.
Transparency is one of the core goals of the new procurement regime. Both contracting authorities and contractors must contend with an expanded suite of notice and reporting duties, covering the full span of the procurement and contract management lifecycle. In particular, the focus on measurable KPIs and their regular public disclosure marks a stark change in accountability for contract delivery.
Each of the new notices is subject to specified content, form, and timing requirements under the Act and its supporting regulations. As failure to comply may result in legal challenges and reputational risk, it’s important that Contracting Authorities grasp the above requirements, and that suppliers know what to keep an eye out for.
If you require advice, representation or training on the new Procurement regime, please get in touch with our procurement law specialist team here to learn more.
Published 15 April 2025
