Trowers & Hamlins – The Procurement Act 2023 – Essential Guide

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The Procurement Act 2023, enacted on October 26, 2023, marks a significant overhaul of the UK’s public procurement framework post-Brexit. Originating from the “Transforming Public Procurement” consultation in December 2020, this Act aims to replace EU-derived procurement rules with a more tailored UK regime. While it maintains alignment with the World Trade Organisation’s Government Procurement Agreement, the Act introduces new definitions, streamlined procedures, and a focus on flexibility and efficiency. Key features include the “competitive flexible procedure” and “open frameworks,” offering greater procedural flexibility. The Act also emphasises transparency and accountability, mandating various notices and key performance indicators for contracts exceeding £5 million. Despite the comprehensive changes, further secondary legislation and guidance are anticipated to fully implement the new regime by late 2024 .