Transforming Public Procurement - The Procurement Act - Issue 3
Transparency – Pre-procurement considerations
The Procurement Act 2023 introduces a number of mechanisms aimed at improving transparency and increasing market engagement.
This includes publishing market opportunities via new notifications.
Pipeline Notice
A Contracting Authority must publish a Pipeline Notice if it considers it will pay more than £100 million under relevant public contracts within a financial year. The notice must contain information on tenders for all contracts with an estimated value of over £2 million.
Planned Procurement Notice
A Contracting Authority may publish a Planned Procurement Notice, setting out its intention to publish a tender notice at a later date.
The Planned Procurement Notice will replace the prior information notice (and the periodic indicative notice), referred to here as PIN, in the previous legislation.
The notice cannot be used as a call for competition, however, as with a PIN, if it publishes a planned procurement notice, a Contracting Authority can reduce the time period for submission of tenders (tendering period) in certain circumstances.
Publication may take place at any time before publication of the tender notice.
These notices are intended to help suppliers plan and focus resources on public sector opportunities they may have particular interest in. They also help the Contracting Authority think strategically and plan ahead.
The Act also includes enhanced provisions for market engagement, through the issuing of the Preliminary Market Engagement Notice. The aim is to improve the quality of the procurement process, and any resulting contract. A Contracting Authority must make sure no supplier is put at an unfair advantage. Any engagement should be managed and recorded.
Preliminary Market Engagement Notice
This notice is used to invite suppliers to participate in preliminary market engagement, or to notify the market that engagement has taken place. Notices can help to ensure a level playing field and attract new suppliers.
Contracting authorities are not required by the Act to conduct preliminary market engagement. However, if a contracting authority does carry out this, it must either publish a preliminary market engagement notice before it publishes a tender notice; or explain, in the tender notice, why it did not publish a preliminary market engagement notice.
It is a particularly important tool for the achievement of value for money. It also allows Contracting Authorities to increase the understanding of how requirements ought to be set in such a way as to reduce whole lifecycle costs rather than focus on the initial purchase price of the contract.
What is the easiest way to compliant procurement?
By using the frameworks managed by Dukefield Procurement, you can ensure any procurement you wish to undertake is compliant, as we will navigate the new processes and procedures for you!
You can find out more about our frameworks: on our website
How Dukefield Procurement can help:
Dukefield Procurement’s qualified procurement professionals are on hand to provide free advice, and to support you with any questions you may have as we progress through the new legislation.
We will be publishing a series of easy to understand general guidance notes, backed up with webinars, presentations and learning resources. We can also offer tailor made support services for your institution to assist with both the new Procurement Act and wider procurement concerns.
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