Published
By Ashley Cox
The date for Procurement Act 2023's reforms to go live has been postponed from October to February, with CPC able to offer you expert support in these four extra months, starting with this latest summary update...
The UK Cabinet Office this month announced the reforms of Procurement Act 2023 will now come into effect on 24th February 2025, making a near four-month delay from the previously scheduled date of 28th October 2024.
The reason for this postponement is to enable sufficient time for the production of a new National Procurement Policy Statement (NPPS), something which is regarded as a central element of the new Procurement Act's regime.
The new UK Government elected this July wishes to ensure public procurement supports delivery of its missions.
To achieve this, they are acting to withdraw and replace the NPPS that was compiled by the prior administration, using the next four months to establish a National Procurement Policy Statement in line with their own policies.
For public institutions, the delay will provide additional time to familiarise yourself with the various changes baked into Procurement Act 2023. During this time, the UK Government's learning and development material will remain live, with its content to stay the same (as it is not the new Act itself that will undergo amendments, but the NPPS).
Likewise, CPC's coverage via our dedicated Procurement Act Portal will continue to offer an updated, informed resource, allowing education establishments to approach this revised go-live date with an enhanced confidence.
Important clarification on current CPC framework agreements
In recent weeks, CPC has been contacted by members expressing concerns they might need to use existing CPC frameworks before the big Procurement Act 2023 go-live, or else they may be unable to access these agreements.
We can happily reassure these members and others our existing CPC frameworks will remain active and under the governance of Public Contract Regulations 2015 until their planned expiration date, which could be as far as 2028.
In the interim, CPC Contract Managers will be continuing their efforts to establish any new framework offerings, which can then replace their relevant predecessor agreements as they reach the close of their scheduled lifespan.
To clarify, our current CPC frameworks will not end when Procurement Act 2023 goes live and all these agreements will continue to be governed by PCR 2015 for their complete outlined durations, however long these might still be.
The implementation of Procurement Act 2023 in February presents no threat to the use of our existing, PCR 2015 frameworks, or indeed any need to rush, as they will continue to be available for CPC members until their expiry.
CPC's Learning & Development Lead, Mark Pearson, added these further comments of note for consideration:
"Any procurement activity commenced up to and including the go-live date (by commenced, essentially think either ‘pre-market engagement commenced’ or 'invitation to tender issued') will continue to follow the current 2015 Public Contracts Regulations, including post-contract management of those arrangements".
"It is only brand-new procurement activity that will be regulated by Procurement Act 2024 from the go-live date.
"This means that, for several years, your institution and procurement colleagues will be governed by two slightly conflicting sets of procurement rules/regulations - and thought will need to be given as to how this is reflected in your finance regulations and/or procurement policies".
Part of CPC's Procurement Taskforce, Mark is happy to advise and reassure any members in need of further Act support, as well as addressing your queries around changes to processes and procedures under this new regime.
A reminder, the UK Government's Transforming Public Procurement page remains a hub of Procurement Act 2023 information, with links to the previously published 'Knowledge Drops', e-learning modules and documents.
Stakeholders are also invited to send across programme and policy questions connected to the new Procurement Act's implementation to the UK Cabinet Office directly, by emailing [email protected]
We hope that, with CPC's help, your institution will be able to approach February's Procurement Act go-live with optimism and we reiterate how our professional service is available to support your staff over the coming months, as we step towards a brave new world for public procurement in England, Northern Ireland and Wales.
Rules and regulations ordaining how public sector organisations can procure third party goods, works and services may well be set to change shortly - but CPC's commitment, as a procurement partner of choice, remains the same.
Contact us today. We're here to help you.