Procurement Act 2023 - Guidance documents
These documents cover all aspects of the Procurement Act 2023 and are intended to provide technical guidance and help with interpretation and understanding.
To support preparation for the Procurement Act 2023, we are publishing a suite of guidance documents addressing all aspects of the new regime, covering subjects from transitional arrangements and covered procurement through to pre-market engagement, award rules, exclusions and contract modifications.
These documents should be read in conjunction with the Procurement Act 2023 and its associated regulations and are aimed at procurement practitioners and commercial policy leads in contracting authorities. They are intended to provide technical guidance and help with interpretation and understanding of the new regime.
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)
References to ‘regulations’ within this guidance should be interpreted as the Procurement Regulations 2024 unless specified otherwise. Guidance which discusses contracting authorities acting in accordance with the Act is to be read as complying with the provisions of both the Procurement Act 2023 and its associated regulations.Where the guidance refers to ‘previous legislation’, this means the Public Contracts Regulations 2015; the Defence and Security Public Contracts Regulations 2011; the Utilities Contracts Regulations 2016; and the Concession Contracts Regulations 2016.
The central digital platform referenced in the guidance comprises an enhanced version of Find a Tender (FTS), providing the new procurement notices, and a new Supplier Information Service (SIS). The central digital platform will be supported by a single place of registration for both parts of the service and suppliers will be able to access both FTS and SIS using the same account via: Find tender service - search
The Welsh Government is separately publishing its own guidance and devolved contracting authorities in Wales should consult the Welsh Government website for more information.
To aid navigation, we have arranged the guidance documents under the four stages of the commercial pathway: Plan; Define; Procure; Manage. You will be able to see from the list below which have been published, and for those which have been published a link to the sub-section where you will find the documents.
Procure
Evaluating bidder compliance with exclusion grounds and selecting suitable suppliers for the contract
- Publication of Information and the Central Digital Platform
- Time Periods
- Conditions of Participation
- Exclusions
- Debarment
- Assessing Competitive Tenders
- Electronic Communications
- Modifying a Competitive Procurement
- Procurement Termination Notices
- Key Performance Indicators
- Assessment Summaries
- Contract Award NoticeS and Standstill
- Contract Details NoticeS and Contract Documents
- Oversight
- Remedies
Manage
Working with suppliers and managing the contract to ensure successful achievement of the contractual outcomes
- Electronic Invoicing and Payment
- Payments Compliance Notices
- Contract Performance Notices
- Contract Modifications
- Contract Termination
To aid navigation, we have arranged the guidance documents under the four stages of the commercial pathway. When published, each will be available from the sub-sections below
Plan
Having clear and transparent commercial pipelines and a good understanding of the market to plan for the procurement process.
- Transitionals (published)
- Contracting Authority Definition (published)
- Covered Procurement (published)
- Exempted Contracts (published)
- Devolved Contracting Authorities
- Covered Procurement Objectives
- NPPS (published)
- Utilities Contracts (published)
- Defence and Security Contracts (published)
- Concessions Contracts (published)
- Light Touch Contracts (published)
- Reserved Contracts for Supported Employment Providers (published)
- Intra-UK Procurement
- Pipeline Notices (published)
Define
Achieving flexible, efficient procurement process that encourage broad participation and are open and accessible to all.
- Valuation of Contracts (published)
- Thresholds (published)
- Below-Threshold Contracts
- Mixed Procurement (published)
- Planned Procurement Notices (published)
- Preliminary Market Engagement (published)
- Technical Specifications (published)
- Treaty State Suppliers
- Competitive Tendering Procedures
- Direct Award
- Dynamic Markets
- Frameworks
- Lots
- Conflicts of Interest