Whilst we fully appreciate that the terms ‘procurement’ and ‘tender’ do not always go hand in hand with ’exciting’, we do feel it’s worth sharing the positive changes that the Procurement Reform Bill will bring to public sector procurement!
The changes that are proposed by the Bill should bring numerous benefits to bidding companies, particularly SMEs. Making the public procurement process more straight forward for SMEs can only be a good thing. This is something we have been championing since Tender Victory was established in 2010, as we believe that procurement should help to ease the process of bidding for smaller organisations.
Whilst the Bill’s amendments are currently under consideration in the House of Lords and have yet to achieve Royal Assent, following are some of the areas of reform we see as positive and helpful – and this is why:
Proposed Change: Contract Authorities (buyers) will have the flexibility to design a procurement process that is fit for purpose for their requirement, on the basis that the procurement process is laid out clearly and its stages and requirements are understood by interested parties.
Why is this good news? This is good news, as for complex procurements, this will enable buyers to shape a process that fully meets their needs and to liaise with their target marketplace about the shaping of the process, before the procurement itself goes live. This ability to engage with suppliers prior to commencing the procurement should enable collaborative problem solving and improved procurement outcomes.
Proposed Change: The new regulations will apply as a single framework, replacing the four current sets of regulations in use (Public Contracts Regulations 2015; Utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016 and the Defence and Security Public Contracts Regulations 2011).
Why is this good news? This is great news for those suppliers that currently have to understand and work across the multiple regulations in force.
Proposed Change: A centralised digital platform will be developed, that will enable suppliers to register their details that can be used across all bids.
Why is this good news? This is great news for SMEs, as it should save the duplication of effort, particularly at Selection Questionnaire (SQ) stage, where the same standard company information often needs entering onto differing portals and submission documents.
Proposed Change: There will be greater transparency through use of the centralised digital platform for all contract and tender opportunities. Again, great news in terms of removing duplication of effort for smaller businesses (between various search sites, portals and systems). We are keen to understand how this will work with the numerous procurement portal systems that our clients currently have to work with.
Why is this good news? This will also be great news for market research, if all contract opportunities (including those awarded) are clearly published and accessible in one place, reducing the time and effort needed for research.
The currently anticipated timescales for the reforms to be implemented are as follows:
- Summer/Autumn 2023, the Bill should receive Royal Assent and become the Procurement Act 2023
- Late 2023/early 2024, secondary legislation will be drafted, consulted upon and then enacted.
- There will be a 6 month implementation period before the Act comes into force, enabling Contracting Authorities to ensure their staff are trained in the requirements of complying with the Act.
- Based on these timescales, the Act is scheduled to come into force in October 2024.
The continued focus on transparency and value for money will remain once the new Act takes effect.
You can find more detailed info here: https://www.gov.uk/government/collections/transforming-public-procurement
We will continue to monitor progress against these timescales and provide updates as they arise!
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