Whilst writing this blog, much of our current workload and that of our client base relates to tender processes being conducted under the previous regulations (Public Contract Regulations 2015). This is because these tenders commenced (were published) prior to the go-live of the new regulations on 24th February 2025.
As time progresses and tenders are published under the new regulations, we are becoming more familiar with how they are being applied. What follows are some initial, hopefully useful, observations on new or changed approaches:
- The Act itself and the transparency it provides covers the whole procurement life cycle (all procurement stages, contract management, through to contract end/expiry).
- There is an obligation on buyers, as part of the Act, to ensure that SMEs understand the buyers’ procurement processes. We expect this to further open up the amount of information and guidance available to help SMEs.
- From our previous updates, you will already be aware of the move from MEAT to MAT (from Most Economically Advantageous Tender, to Most Advantageous Tender). This enables a wider scope of evaluation and removes the “economic” emphasis, helping to pave the way for greater weightings being awarded to other important factors, including Social Value outcomes.
- Notices – there are new categories of notice that are being published by buyers, each with distinct purposes – all of which are intended to improve transparency (more info here). A key point to take into account on notices is that for higher value (£5million and over) Government contracts, some of the new notices will evidence contract management data such as adherence to KPIs. In a couple of years’ time we will be able to undertake research, using this data, through the Central Digital Platform. The data will enable us to view how contracts are being managed and delivered, from the published KPIs.
- The Contract Award Notice (UK6 – published via the Central Digital Platform) now commences the standstill period. The Contract Details Notice (UK7) is then published after the contract has been signed.
- Transparency is one of the key words in the evolution of the new regulations. The data that the Central Digital Platform can capture and efficiently manage, is aimed at facilitating better access to key information on public sector contracts in the future. This should improve pre-market engagement and understanding of requirements.
- Open frameworks, under the new regulations, are frameworks with a maximum duration of 8 years, that can be opened for new entrants within 3 years, then after another 5 years. These successive frameworks must essentially be run and re-opened on the same basis. An open framework can therefore be seen as a series of frameworks, that are re-opened / re-tested. For a single supplier open framework, the maximum duration is 4 years. Frameworks (i.e. standard frameworks that are not classified as open frameworks) still have a 4 year duration.
Keep checking back to our blog section or sign up to our newsletter (link below) as we will continue to provide updates on our findings, experience and observations as the new regulations settle into common procurement practice.