When will the Procurement Act 2023 need to be followed?
The Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024 have been made. A link is available here https://www.legislation.gov.uk/uksi/2024/716/contents/made
In short, the Public Contracts Regulations 2015 are going to be around for a considerable time yet. Any process commenced after 28 October 2024 will be caught by the Procurement Act 2023. However, if before 28 October 2024:
- a contracting authority has awarded the contract, concluded the framework agreement or established the dynamic purchasing system;
- a contracting authority has contacted an economic operator in order to commence the negotiated procedure without prior publication in any of the specific cases and circumstances set out in regulation 32;
- either a contract notice, or a contest notice has been submitted for publication in accordance with regulation 51;
- a contracting authority has had published on the UK e-notification service a voluntary transparency notice expressing its intention to enter into a contract in accordance with regulation 99(3)(b);
- a contracting authority has published information about a contract award opportunity on Contracts Finder in accordance with regulation 110(2).
the Public Contracts Regulations 2015 will continue to apply.
Please note that if using a DPS, the period of validity of a DPS under regulation 34 may not be changed after 27 October 2025, and the DPS will expire (if it has not already done so) at the end of 27 October 2028;
So there will be dual running for the foreseeable future, and for those organisations that are relevant authorities under the PSR, three different regimes will apply.
It will be interesting to see whether contracting authorities look to commence processes before 28 October 2024 to remain under the more familiar rules, or wait for the new rules to apply?
As the new law comes into force we will be here to support you get to grips with the new requirements. Please get in touch with our procurement team if there is anything we can help with.