A summary of procurement updates from the past couple of weeks
The last couple of weeks has seen a number of updates in procurement law. This article highlights what these are. Further detail will follow in due course.
Needless to say there is a lot to take in and digest as we head towards the implementation of the Procurement Act 2023. There are also new PPNs, including the publication of the new SQ, which will need to be used by the end of June 2024, but can be used now.
The Procurement Regulations 2024 laid before Parliament
The Procurement Regulations 2024 were laid before Parliament on 25 March 2024.
The draft regulations provide additional detail around various aspects of how the Procurement Act 2023 will operate. However, it is clear that further draft regulations will need to be laid before Parliament as not everything has been covered. We therefore do not yet have the full legislative position.
It has also not yet been confirmed when the Procurement Act 2023 will come into force. It is still currently planned that the new regime will commence in October 2024. The go-live date will be announced shortly and formalised by its own distinct Commencement Order laid before Parliament.
The response to the consultation on the draft regulations implementing the Procurement Act 2023 has been published
A summary of responses received and the government’s response to the consultation and next steps has also been published.
Guidance documents published on the Procurement Act 2023
A number of guidance documents have also been published. At this stage, these cover:
- Contracting authority definition
- Covered procurement definition
- Valuation of contracts
- Mixed procurements
- Exempted contracts
- Thresholds
View the guidance documents here
We can expect transition guidance to be published shortly. It has been said that more guidance will be published in batches, with the aim to have published the full suite of documents by the end of June 2024.
PPNs
And if that wasn’t enough, 3 PPNs have been published and one updated.
PPN 01/24 Carbon Reduction Contract Schedule
This PPN introduces an optional standard carbon reduction contract schedule that can be included in Government contracts.
View the PPN 01/24 Carbon Reduction Contract Schedule
PPN 02/24 Improving Transparency of AI use in Procurement
This PPN provides optional questions to help identify the use of Artificial Intelligence in procurements, and in the delivery of Government Services.
View the PPN 02/24 Improving Transparency of AI use in Procurement
PPN 03/24 Standard Selection Questionnaire (SQ)
This Procurement Policy Note (PPN) updates the Selection Questionnaire (SQ) and accompanying statutory guidance and replaces PPN 03/23.
View the PPN 03/24 Standard Selection Questionnaire (SQ)
Update to PPN 02/23: Tackling Modern Slavery in Government Supply Chains
This guidance sets out how UK Government departments must take action to ensure modern slavery risks are identified and managed in government supply chains. It has been updated to reflect the publication of the 2023 Global Slavery Index
View the PPN 02/23 – Tackling Modern Slavery in Government Supply Chains – Guidance
We will provide more detail on the changes in due course.
If you have any questions about the changes, please get in touch with our procurement team.