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Procurement articles

Our experts are regularly writing about the latest updates on the Procurement Act to help keep you up to date on any changes and what they mean for you. Read our articles below and get in touch about any issues covered.

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Our procurement articles

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Defence under the Procurement Act 2023

The Procurement Act 2023 introduces transformative changes to UK public procurement. This article, based on insights from the DWF webinar on 21 January 2025 (presented by James Lupton (Director), Elinor Jackson (Senior Associate) and Alice Gilman (Solicitor), summarises key provisions, procedural updates, and their legal impact on authorities and operators.

 
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New Procurement Policy Notes

The UK Government has introduced PPN 015 and PPN 018 to improve payment practices for major contracts, aiming to address late payments, enhance cash flow, and support SMEs.

 
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The Procurement Act 2023

Following on from the announcement made by the UK Parliamentary Secretary for the Cabinet Office on 12 September that that the commencement of the main operative provisions of the Procurement Act 2023 were to be delayed until 24 February 2025, the secondary legislation to give effect to this has now been made and it provides contracting authorities with some certainty as to this date. 
 
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Improving public procurement

Greater oversight of procurement in the UK could save an estimated £500 million in taxpayer money, according to the National Audit Office (NAO).

 
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Delay of the Procurement Act 2023

The Cabinet Office has announced this morning that the  Procurement Act 2023 (the "Act") will now come into force on 24 February 2025 (a delay of nearly four months). This article considers the reasons for this delay and the potential impact on contracting authorities and suppliers.

 
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National Procurement Policy Statement

This article provides an insight into the changes introduced by the new National Policy Procurement Statement which will come into effect on 28 October 2024. 
 
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Lancashire County Council v Brookhouse Group Limited

Lancashire County Council v Brookhouse Group Limited [2024] EWCA Civ 717: The Court of Appeal confirms that there is a 6 month time limit to challenge an award and seek a declaration of ineffectiveness where there is no competitive tender process, which the contracting authority can reduce to 30 days if it publishes a contract award notice
 
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Carbon Reduction in Public Contracts

In this article, we discuss the latest Procurement Policy Note (“PPN”) on carbon reduction and examine some key points for Contracting Authorities and suppliers to consider when engaged in public procurements in order to maximise carbon reduction and tackle climate change.
 
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Simpler recycling: regulation, timing and implications

The article provides a short summary on the changes being made to waste collection arrangements, affecting English district and unitary authorities, as a result of legislative changes made just before the election was called.
 
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The Procurement Act 2023: what are the implications for Scotland?

We consider to what extent the Procurement Act 2023 applies to Scotland, as well as how UK government bodies will conduct procurements in Scotland in light of the new Act. 

 
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Provider Selection Regime: First report finds breach

The report, published by the Independent Patient Choice and Procurement Panel (the Panel), finds that the North East and North Cumbria Integrated Care Board (NENC) breached procurement regulations when selecting a provider for online ADHD assessments.

 
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New regulations go live on 28/10/24

The UK Government has now enacted secondary legislation which means the Procurement Act 2023 (PA 2023) will come into full force on 28 October 2024. We recommend that contracting authorities now start the process of updating their processes and procedures, as well as upskilling staff, to ensure they are ready for the transition to the new rules. 

 
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Procurement Policy Note 02/24: AI in the public sector

In this article we discuss the recent PPN 02/24, which details the growing use of AI in procurement exercises and provides guidance as to how to safely and transparently use AI in the public sector. 
 
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Optima v DWP

In a judgment handed down on 5 April 2024, the Technology and Construction Court ("TCC") held in Working on Wellbeing Ltd Trading as Optima Health v Secretary of State for Work and Pensions and another [2024] EWHC 766 (TCC) that it was lawful for the Department for Work and Pensions ("DWP") to exclude a non-compliant bid from a procurement. 
 
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New public procurement regime 28/10/24

The Government Commercial Function has announced that the new legal regime under the Public Procurement Act 2023 will come into full force and effect on Monday 28 October 2024. 
 
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Braceurself v NHS England [2024]

In the judgment Braceurself v NHS England  [2024] EWCA Civ 39 handed down on 30 January 2024, the Court of Appeal held that where there had a breach of the Public Contract Regulations 2015 ("PCR"), the effect of a breach was not itself decisive in establishing whether the breach had been 'sufficiently serious' to warrant damages.
 
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The House of Commons Public Accounts

On 13 December 2023, the House of Commons Public Accounts Committee published a report titled "Competition in public procurement: Sixth Report of Session 2023-24" which highlights key concerns and makes recommendations around the implementation of the Procurement Act 2023. 
 
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Provider Selection Regime: a summary

The Provider Selection Regime (PSR) came into force on 1 January 2024. The PSR is a set of rules for procuring health care services in England by organisations known as "Relevant Authorities".
 
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New public procurement thresholds

In this article, we discuss the new procurement thresholds introduced under The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2023 and its impact on contracting authorities and suppliers.
 
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The Procurement Act 2023: Royal assent granted

On 26 October 2023, the landmark Procurement Bill was granted Royal Assent, becoming an Act of Parliament. In this article, Colin Murray, Michelle Maher, Ciaran Wells and Alex Eaton identify some of the key aspects of the new law.
 
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Home Office procurement challenge

In Teleperformance Contract Ltd v Secretary of State for the Home Department and another [2023] EWHC 2481 (TCC), the High Court granted an application to lift the automatic suspension on entering into four contracts. Central to the judgment was whether losses suffered by group companies (not just the bidder) could be considered when assessing whether an entity could be adequately compensated by damages at trial.

 
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A more effective and transparent system?

In this article, we identify the key transparency reforms that will be implemented under the Procurement Bill (the "Bill") and draft Procurement (Transparency) Regulations (the "Regulations") as currently drafted and evaluate whether they will achieve their objectives. 
 
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Update: The Procurement Bill

The Procurement Bill is set to substantially reform the public procurement rules applicable to public bodies in the UK. In this article, our Public Sector experts consider the Bill's commencement and ongoing regulatory consultation.

 
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Selection Questionnaire

On 9 March 2023, the Cabinet Office and Crown Commercial Service published a new standard Selection Questionnaire and updated its statutory guidance by way of Procurement Policy Note 03/23 ("PPN 03/23"). In this article we consider the impact of this upon contracting authorities and how it will change procurement processes. 

 
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Procurement Policy Note 06/21

In this article, we discuss the new selection criteria requirements introduced by the Cabinet Office in Procurement Policy Note 06/21 ("PPN 06/21"), the impact these measures will have on contracting authorities and suppliers and how consistent compliance by these entities will help to achieve the UK government's target of Net Zero by 2050.

 
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Shaping the future of public procurement

In this article, we discuss the three national priorities set out in the NPPS, their impact on contracting authorities and how they may be implemented at a local level.
 
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Bite size update on Bechtel Limited v High Speed Two

In the case of Bechtel Limited v High Speed Two (HS2) Limited [2021] EWHC 458 (TCC), the High Court examined the merits of a procurement challenge relating to allegations of manifest errors, unlawfully modified contracts and breaches of transparency.

 

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