The Procurement Act 2023: Can it deliver real change?

The Procurement Act of 2023 has the potential to significantly improve public procurement in the UK. It outlines mechanisms that could increase competition, expand opportunities for smaller businesses to supply the public sector, and drive innovation, better outcomes, and improved transparency. 

But can these aspirations translate into reality? 

The current landscape 

Recent years have seen a decline in trust in public sector procurement. High-profile scandals have raised serious questions about fairness and accountability. The success of the Act hinges on effectively addressing these concerns, of which are outlined below against the objectives of the Act. 

The Act's Objectives and Implementation Strategies 

The Procurement Act tackles these issues through four key objectives: 

1. Creating a simpler and more flexible commercial system: The Act promises a new central digital platform with success hinging on its design. 

• Focus on user experience: Streamlining interfaces, offering clear guidance, and ensuring compatibility with various devices can make the platform truly user-friendly for both suppliers and buyers. 

• Standardisation and flexibility: Implementing standardised processes for core functionalities while allowing customisation for specific needs can achieve a balance between simplicity and flexibility. 

• Robust integration: Seamless integration with existing government systems will be crucial to avoid data silos and streamline workflows. 

2. Opening up public procurement to new entrants: The Act aims to make it easier for small businesses and social enterprises to compete. 

• Targeted outreach and support: Providing dedicated resources and training programs can help smaller players navigate the procurement process and understand specific government requirements. 

• Phased bidding processes: Breaking down large contracts into smaller components can make them more manageable for smaller businesses and encourage participation from a wider pool. 

• Faster payment terms: Ensuring prompt payments, potentially through shorter payment cycles or electronic invoicing, can improve cash flow for smaller businesses. 

3. Taking tougher action on underperforming suppliers: The Act introduces measures to identify and exclude unreliable suppliers. 

• Clear performance benchmarks: Establishing well-defined KPIs tailored to specific contracts will provide a transparent basis for evaluating supplier performance. 

• Standardised reporting mechanisms: Implementing a centralised forum for reporting poor performance can ensure consistency and facilitate cross-departmental information sharing. 

• Centralised debarment list: Maintaining a readily accessible debarment list with clear criteria for inclusion as a matter of public record will enhance accountability. 

4. Embedding transparency throughout the procurement process: The Act emphasises transparency to ensure accountability and public trust. 

• Open data initiatives: Publishing contract data and key performance indicators can provide valuable insights for the public and encourage scrutiny. 

• Regular communication: Implementing clear communication channels can keep the public informed about procurement processes, decisions, and outcomes. 

• Independent oversight: Establishing an independent oversight body can further strengthen public trust by providing a mechanism for reporting concerns and ensuring fair practices. 

The Procurement Act of 2023 offers a promising framework for improving public procurement. However, its effectiveness hinges on its robust implementation. By focusing on user-friendly technology, targeted support for new entrants, clear performance benchmarks, and open communication, the Act can hopefully deliver real change and rebuild public trust. 

Heather Cover-Kus

Head of Central Government Programme, techUK

Heather is Head of Central Government Programme at techUK, working to represent the supplier community of tech products and services to Central Government.

Prior to joining techUK in April 2022, Heather worked in the Economic Policy and Small States Section at the Commonwealth Secretariat.  She led the organisation’s FinTech programme and worked to create an enabling environment for developing countries to take advantage of the socio-economic benefits of FinTech.

Before moving to the UK, Heather worked at the Office of the Prime Minister of The Bahamas and the Central Bank of The Bahamas.

Heather holds a Graduate Diploma in Law from BPP, a Masters in Public Administration (MPA) from LSE, and a BA in Economics and Sociology from Macalester College.

Email:

[email protected]

LinkedIn:

https://www.linkedin.com/in/heather-cover-kus-ba636538

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Ellie Huckle

Programme Manager, Central Government, techUK

Ellie joined techUK in March 2018 as a Programme Assistant to the Public Sector team and now works as a Programme Manager for the Central Government Programme.

The programme represents the supplier community of technology products and services in Central Government – in summary working to make Government a more informed buyer, increasing supplier visibility in order to improve their chances of supplying to Government Departments, and fostering better engagement between the public sector and industry. To find out more about what we do, how we do this and how you can get involved – make sure to get in touch!

Prior to joining techUK, Ellie completed Sixth Form in June 2015 and went on to work in Waitrose, moved on swiftly to walking dogs and finally, got an office job working for a small local business in North London, where she lives with her family and their two Bengal cats Kai and Nova.

When she isn’t working Ellie likes to spend time with her family and friends, her cats, and enjoys volunteering for diabetes charities. She has a keen interest in writing, escaping with a good book and expanding her knowledge watching far too many quiz shows!

Email:

[email protected]

Phone:

020 7331 2015

Twitter:

@techUK,@techUK

Website:

www.techuk.org,www.techuk.org

LinkedIn:

https://bit.ly/3mtQ7Jx,https://bit.ly/3mtQ7Jx

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Annie Collings

Programme Manager, Cyber Security and Central Government, techUK

Annie joined techUK as the Programme Manager for Cyber Security and Central Government in September 2023.

Prior to joining techUK, Annie worked as an Account Manager at PLMR Healthcomms, a specialist healthcare agency providing public affairs support to a wide range of medical technology clients. Annie also spent time as an Intern in an MPs constituency office and as an Intern at the Association of Independent Professionals and the Self-Employed. 

Annie graduated from Nottingham Trent University, where she was an active member of the lacrosse society. 

Email:

[email protected]

Twitter:

anniecollings24

LinkedIn:

https://www.linkedin.com/in/annie-collings-270150158/

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Austin Earl

Programme Manager, Central Government, techUK

Austin joined techUK’s Central Government team in March 2024 to launch a workstream within education and edtech.

With a career spanning technology, policy, media, events and comms, Austin has worked with technology communities, as well as policy leaders and practitioners in education, central and local government and the NHS.

Cutting his teeth working for Skills Matter, London’s developer community hub, Austin then moved to GovNet Communications where he launched Blockchain Live and the Cyber Security and Data Protection Summit. For the last 3 years he has worked with leaders in education across the state and independent schools sectors, from primary up to Higher education, with  a strong research interest in technology and education management.

Email:

[email protected]

Phone:

07891 743 932

Website:

www.techuk.org

LinkedIn:

https://www.linkedin.com/in/austin-spencer-earl/

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Authors

Sam Ineson

Director of Public Sector, Kin + Carta