Transforming Public Procurement - June 2023 Update

Welcome to the next update on the Transforming Public Procurement programme - shared with HEPA members on behalf of the Cabinet Office...

Bill progress and programme timelines
Commons Report and Third Reading stages for the Procurement Bill have now been confirmed for Tuesday 13 June. The Bill will then progress to ‘consideration of amendments’ in the House of Lords. If the Lords disagree with any Commons amendments, or make alternative proposals, the Bill will continue to go back and forth until both houses reach agreement. Following this agreement the Bill will then proceed to Royal Assent. You can view the Hansard records of the committee debates and the current version of the Bill (incorporating all amendments to date) here.
We are now also able to update on our projected timeline for when the new regime will go live. As you are aware, progression of the Bill through Parliament has taken longer than anticipated, and during this period we have been updating our forecast of when the new regulations will come into force. Now that we are nearing the conclusion of the Parliamentary process we can advise that we are now planning for an October 2024 commencement - following a six month preparation period.
We will of course continue to keep you updated as the programme progresses.

Secondary Legislation consultation
Work to develop the secondary legislation that will eventually sit under the Procurement Act is nearing completion and we will shortly launch a public consultation on the detail of these Statutory Instruments (regulations). These are the implementing regulations which enact the legislative powers and bring to life many of the provisions contained within the Procurement Bill.
The public consultation will comprise two distinct phases.  The first part refers predominantly to areas of the Bill which require lists, calculations or further definitions to be used in practice and covers the following subjects:

• Scope of Light Touch Regime Contracts and Reservable Light Touch Services;
• Exempt Contracts: Vertical and Horizontal Activities calculations;
• Exempt Contracts: Utilities Intra-group Turnover calculations;
• Utility Turnover and Supply Tests;
• Intra-UK Procurement;
• Definitions of ‘Central Government Authority’ and ‘Works’ for thresholds;
• Disapplication of section 17 of the Local Government Act 1988; and
• Disapplication in regard to NHS procurement.

The later, second part of the consultation focuses on the transparency provisions and notices that will be used by contracting authorities to fulfil their legal requirements under the Act. The second part will also include information on the proposed approach to transitional arrangements for procurements already underway at the time that the new regime enters into force and the position on other legislation that will need to be amended in order for the full provisions of the Act to take effect.
We intend to launch the first phase in June, and the second in July. The consultation will be online and all relevant documents and the mechanism to feedback views and comments will be made available via Gov.uk. We will be issuing a dedicated bulletin to all stakeholders in June with full details of how to access and contribute to the consultation shortly before it opens.

Transparency Platform update 
We continue to engage with eProcurement systems providers to assist them to make the changes needed to support the new noticing regime. 
We are actively engaging with the following suppliers:

If you are working with a provider not listed above, please get in touch by emailing procurement.reform@cabinetoffice.gov.uk
To further support our stakeholders to prepare for the reforms and the changes to the noticing system, we aim to share an overview of the draft mandatory fields that will be included in each of the notices that are currently being developed in the coming weeks.

Frequently Asked Questions
As part of a regular series we will use this bulletin to answer some of the most frequently asked questions we are being asked by stakeholders at our events and webinars. 
Q. Will the new single digital platform be a brand new portal?
A. No, the online system is a build on the existing Find a Tender service.  It will bring together a number of pieces of software and databases (for example the Register of Suppliers, the data and tools used to manage it and filter or create views) that will integrate to provide procurement transparency.  The online system will interact with e-procurement systems providers that many contracting authorities use to run procurements, as well as provide a ‘front-end’ which will allow those contracting authorities that wish to do so to publish directly to the platform without using a third-party software provider.
Q. When will the online system be ready?
A. The online system will be operational and ready for use when the new regime comes into force in October 2024.  We are working with e-procurement systems providers to ensure their readiness.
Q. What support will be available for suppliers?
A. There will be Knowledge Drops specifically tailored for suppliers and they will also have access to the written guidance that will be published on gov.uk. We are also engaging with trade bodies and industry representatives and existing supplier networks to ensure suppliers are prepared for the new regime. The L&D funded offer for e-learning and the Advanced Course of Deep Dives is aimed at practitioners in contracting authorities as these will be the people who are directly subject to the new public procurement regime.
Q. I buy on behalf of contracting authorities.  Can I have access to the L&D offer?
A. We know that a number of contracting authorities outsource their procurement activity, so we are setting up functionality for contracting authorities to nominate named individuals who undertake procurement activity on their behalf (eg freelance procurement consultants) to have access to the e-learning on the Government Commercial College.  Established centralised purchasing authorities (public sector buying organisations) will also be granted access to the e-learning and will not require nomination.
Q. How are the devolved administrations affected?
A. We have worked closely with all devolved administrations through the policy development process. The provisions in the Bill extend to the whole of the UK, though it does not cover procurement by devolved Scottish authorities, in respect of which procurements will continue to be regulated under the existing Scottish procurement regime.  We have agreed with the Welsh Government and Northern Ireland Executive that devolved Welsh and Northern Irish authorities will be included in the Bill. Procurement is a devolved matter in Wales and a transferred matter in Northern Ireland, so this is subject to minor derogations from certain aspects where these do not align with those administrations’ policies. Certain regulation-making powers in the Bill may also be used by Welsh and Northern Irish Ministers in respect of authorities they regulate under the Bill.
Q. How will the transition from the old rules to the new ones work in practice - what will happen to existing frameworks?
A. The existing legislation will apply until the new regime goes live, and will also continue to apply to procurements started under the old rules.  Frameworks, Dynamic Purchasing Systems and Qualification Systems let under the old rules can remain live for their planned lifespan.  Further guidance will be provided to cover transition issues in due course.

Opportunities to find out more
The Transforming Public Procurement landing page on Gov.uk is the repository for a range of information about the programme including a recording from our recent webinar series, details of our L&D package, and guidance documents to help planning and preparation, and outlining of the benefits of the new regime for suppliers.  

Keeping in touch
If you know colleagues who would like to receive these mailings, please point them to this form. For other matters, please email procurement.reform@cabinetoffice.gov.uk with a clear subject line title - if you no longer wish to receive updates please title your email “unsubscribe”; if you wish to see our data privacy notice, it’s “data privacy” and if you are having difficulty using the online registration form, the title should be “keep me updated”.