The Act provides contracting authorities with greater flexibility when
designing their procurement procedures. Contracting authorities can choose to
adopt the following methods:
- Single-stage open
procedure or
- Any other such procedure that a contracting authority considers appropriate for awarding the contract (a "competitive, flexible procedure"). This type of procedure may include multiple stages which allow deselection and shortlisting and the refinement of award criteria.
The Act regulates the whole life cycle of a public contract, from pre-procurement market engagement to contract award, management, and implementation. There is an emphasis on transparency, obligations to publish notices throughout the contract's life cycle, and a greater focus on contract management and monitoring suppliers' performance.
The existing procurement regime emphasises the best value for money. It requires contracts to be awarded to the Most Economically Advantageous Tender (MEAT). The Act alters the focus to the Most Advantageous Tender (MAT).
The language change aims to enable contracting authorities to give more weight to award criteria such as social value and implement the recommendations in the National Procurement Policy Statement. However, all award criteria should continue to be proportionate and related to the subject matter of the contract.
The Act significantly changes how contracting authorities notify tenderers of an award decision and carry out a standstill period as follows:
- There is no longer a
requirement to set out the relative advantages and characteristics of the
winning tender. Instead, each tenderer (including the winning tenderer) is
to be provided with an "assessment summary" of its tender and
the winning tenderer's tender.
- Regulations will set out the details of what needs to be included in the assessment summary, which will consist of giving detailed feedback against each evaluated element/award sub-criteria.
- The mandatory standstill period has been changed from 10 calender days to 8 working days beginning on the date a contract award notice is published.
- For light touch contracts, contracts awarded via specific direct award procedures, call-off contracts under a framework and contracts awarded by reference to a dynamic market, the requirement standstill period is voluntary only. However, if a contracting elects to hold a standstill period, it can be for at least eight working days.
Another significant change is introducing a centralised debarment list of suppliers subject to an exclusion ground. The debarment list will be maintained and managed by the central government. Contracting authorities must notify the government within 30 days of excluding a supplier from a procurement process.
There will be an online platform that replaces FTS and Contracts Finder, where all notices and documentation are published, including supplier registration and selection questionnaire information.
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