How to prepare – It is time to put the new Procurement Bill on your to do list!

The new Procurement Bill means change – change brings opportunity as well as risk.

The new Bill will be the most significant change to public procurement practice in a generation. Whilst it has echoes with the outgoing Public Contract Regulations 2015, it brings entirely new elements and will require every public sector organisation to make significant changes.

Much has been discussed in our seminars and across the sector about what elements of new legislation might mean for us all as procurement specialists, and this will continue right through to the Bill being passed as an Act of Parliament and after. However, the challenge will be about distilling, understanding and implementing the changes required.

Procurement permeates organisations way beyond lawyers and procurement specialists. We will all need to think specifically about how the new Act will need to be introduced into organisational practice. You should be thinking now, about:

1. Where should this change be led from to get the greatest support and chance to succeed?

2. How will it be delivered?

3. Who in the organisation will need to be involved? Including those responsible for procurement but also those outside your procurement teams.

4. How will information be cascaded?

5. What support and guidance will be required ahead of the Act coming into law?

6. How to operationalise the new Act and reflect it in policy and procedures that govern not only procurement but broader areas across the whole organisation?

The breadth and detail of the change requirements is likely to be the same regardless of the size of the organisation. However, larger organisations are likely to have to implement changes across a greater number / range of staff and activities. Smaller organisations, meanwhile may have smaller numbers to deal with, but may not have the bandwidth to accommodate changes in the required timeframes. Both challenges mean early preparation and planning will be needed.

The to do list for February 2023 should include:

• Getting the top of the organisation engaged about the Procurement Act. Put it on the board’s agenda now!

• Start planning. Even though we don’t yet know what the final Act will contain we should start developing a high level outline plan that addresses the 6 key questions set out above.

For information on what the Government Commercial Function are advising organisations to do visit Transforming Public Procurement – planning and preparation checklist