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PA2023 Guidance – Concession Contracts
Guidance_-_Concession_Contracts_FINAL.pdf (publishing.service.gov.uk)
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PA2023 Guidance – Defence and Security Contracts
Procurement Act 2023 guidance documents – Plan phase – GOV.UK (www.gov.uk)
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PA2023 Guidance – Utilities Contracts
Procurement Act 2023 guidance documents – Plan phase – GOV.UK (www.gov.uk)
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PA2023 Guidance – Light Touch Contracts
A helpful summary of the special rules and exemptions for light touch contracts.
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Tata Consultancy Services Ltd v Disclosure and Barring Service
The High Court (Constable J) has held that a limitation of liability clause in a contract for the digital transformation of the services of a non-departmental public body provided a single, aggregate cap that applied to all claims rather than multiple, separate caps. The digital transformation project was beset by delays, with each side blaming…
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The Procurement Regulations 2024
The Procurement Regulations 2024 (legislation.gov.uk)
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Commercial Continuous Improvement Assessment Framework
The Commercial Continuous Improvement Assessment Framework is designed to help drive continuous improvement in commercial practices across the public sector. Government Functional Standard GovS 008: Commercial and Commercial Continuous Improvement Assessment Framework – GOV.UK (www.gov.uk) Commercial Continuous Improvement Assessment Framework Onboarding Guidance V2.3 (HTML) – GOV.UK (www.gov.uk)
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White Mountain Quarries Limited (T/A Breedon) And Mayo County Council
This case from Ireland, under EU procurement regulations, is relevant as it may influence UK cases under PCR 2015 and similar rules in the Procurement Act. The Facts The case involved a procurement for public lighting, led by Mayo County Council for itself and six other councils. Breedon, who placed third, raised concerns about the…
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NHS England – Independent patient choice and procurement panel website
The panel will oversee two distinct processes for the two elements of the panel’s responsibilities: NHS commissioning » Independent patient choice and procurement panel (england.nhs.uk) Acceptance and prioritisation criteria: independent procurement and choice panel Terms of reference: the independent patient choice and procurement panel Standard operating procedure: Requests to review provider selection decisions by the…
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Protected: Webinar Slides & Recording 20 May 2024 – PA2023 Notices (Part 2)
There is no excerpt because this is a protected post.
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National Procurement Policy Statement
A new national procurement policy statement (NPPS) was published on 13 May 2024. This NPPS sets out strategic priorities for public procurement and how contracting authorities can support their delivery, and will come into effect on 28 October 2024 Guidance: National Procurement Policy Statement (HTML) – GOV.UK (www.gov.uk)
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Independent Patient Choice and Procurement Panel review of a proposed contract award: online ADHD assessment, diagnostic and management services for North Cumbria
The first report by the Independent Patient Choice and Procurement Panel has now been published. They were asked to review a contract award decision for ADHD services. Their advice to the commissioner is that it should abandon its procurement process as a contract award would breach NHS procurement rules (the Provider Selection Regime regulations).
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Guidance – The Procurement Review Unit (PRU)
This document outlines the Procurement Review Unit’s (PRU) ambitions, and how the new unit will support the Procurement Act 2023
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Communities of Practice Sessions from the Government Commercial Function
Communities of Practice sessions from GCF that are upcoming and live on eventbrite to register for : Procurement Act 2023: Insights to Transparency Wed, 22 May 2024 10:00 – 11:30 BST – Book your place here! Thur, 23 May 2024 10:00 – 11:30 BST – Book your place here! Navigating the transition to Procurement Act…
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Protected: Webinar Slides & Recording 7 May 2024 – Updating your Contract Standing Orders for PA2023
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Cabinet Office – Transforming Public Procurement Stakeholder Webinars
Following the recent confirmation that we are working towards a ‘go-live’ date for the new regime of Monday 28 October 2024, the Cabinet Office invite all stakeholders to join them for a series of update webinars. Whether you are a procurement practitioner, a supplier to the public sector or have an interest in all…
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Pre-implementation checklist to prepare for the new procurement regime
The Welsh Government have developed a ‘pre-implementation checklist’ to help contracting authorities prepare for the new procurement regime. This checklist will be usefull to all contracting authorities across England, Wales and Northern Ireland.
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PA2023 Guidance: Transitional and Saving Arrangements
Transitional and saving arrangements are set out in the regulations which determine how the changeover from the previous legislation to the procurement Act 2023 (Act) is managed and effected by contracting authorities. They determine how procurements which straddle the implementation date of the Act are to be carried out and whichlegislation applies. Procurement Act 2023…
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Cabinet Office Procurement Act 2023 E-Learning
Government Commercial College: Log in to the site (govcommercialcollege.co.uk)
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PA2023 Guidance: Technical Specifications
The Procurement Act Section 56 sets out the main provisions on technical specifications and is intended to ensure that the procurement documents (which are defined in section 56(9)) do not unnecessarily limit competition, that suppliers are treated equally and treaty state suppliers are not discriminated against. Procurement Act 2023 guidance documents – GOV.UK (www.gov.uk)
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PA2023 Guidance: Preliminary Market Engagement Notices
The Procurement Act Sections 16 and 17 cover Preliminary Market Engagement (PME) Notices. There is no requirement to conduct PME under the Act. However, if a Contracting Authority wishes to do so, it must publish a PME Notice or provide a justification in the tender notice why it did not do so. Procurement Act 2023 guidance documents…
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PA2023 Guidance: Planned Procurement Notices
The Procurement Act Section 15 sets out the requirements for Planned Procurement Notices. These are optional notices and will work in much the same way as a prior information notice (PIN) does currently. If published within certain time parameters, a Planned Procurement Notice can reduce the minimum timescales required for the procurement process. Procurement Act 2023…
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PA2023 Guidance: National Procurement Policy Statement
The guidance confirms that there is a statutory duty (section 13 of the Act) to “have regard” to the National Procurement Policy Statement. However, if an Contracting Authority fails to demonstrate that it has had regard, it will not be possible for a supplier to bring a civil claim for breach of the section 13; this will…
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Tackling Modern Slavery in Government Supply Chains
A guide for commercial and Procurement professionals
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Optima Health v DWP
This case concerns the treatment of non-compliant tenders, the circumstances in which exclusion of a tender is permitted, and in particular the application of the principles of transparency and equal treatment in the context of errors in a pricing schedule for a call-off under a framework agreement. In summary: The claimant (Optima Health) tendered for…
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NHS Supply Chain and efficiencies in procurement report 20 March 2024
A Committee of Public Accounts report warns that NHS Supply Chain, which was created to save the NHS money through pooling hospitals’ purchasing power, has failed to persuade NHS trusts to use it to make billions in purchases. Finding that clinicians are not convinced that NHS England and NHS Supply Chain value quality over price,…
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The Single Source Contract (Amendment) Regulations 2024
The Single Source Contract (Amendment) Regulations 2024 (SI 2024/420) relate to the pricing of single source defence contracts. These regulations require suppliers to demonstrate that their costs are appropriate, attributable, and reasonable, and they define the level of profit that can be applied. They are part of a regulatory framework established by Part 2 of…
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Procurement Policy Note 03/24: Standard Selection Questionnaire (SQ)
This Procurement Policy Note updates the Selection Questionnaire (SQ) and accompanying statutory guidance. It applies to all contracting authorities and must be implemented by 27 June 2024 (although can be implemented now). The following questions in the standard SQ have been updated, so authorities will need to ensure they are using the latest version where…
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PA2023 Guidance: Thresholds
To support preparation for the Procurement Act 2023, Goverment are publishing a suite of guidance documents addressing all aspects of the new regime, covering subjects from transitional arrangements and covered procurement through to pre-market engagement, award rules, exclusions and contract modifications. These documents should be read in conjunction with the Procurement Act 2023 and its…
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PA2023 Guidance: Exempted Contracts
To support preparation for the Procurement Act 2023, Goverment are publishing a suite of guidance documents addressing all aspects of the new regime, covering subjects from transitional arrangements and covered procurement through to pre-market engagement, award rules, exclusions and contract modifications. These documents should be read in conjunction with the Procurement Act 2023 and its…
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PA2023 Guidance: Mixed Procurement
To support preparation for the Procurement Act 2023, Goverment are publishing a suite of guidance documents addressing all aspects of the new regime, covering subjects from transitional arrangements and covered procurement through to pre-market engagement, award rules, exclusions and contract modifications. These documents should be read in conjunction with the Procurement Act 2023 and its…
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PA2023 Guidance: Valuation of Contracts
To support preparation for the Procurement Act 2023, Goverment are publishing a suite of guidance documents addressing all aspects of the new regime, covering subjects from transitional arrangements and covered procurement through to pre-market engagement, award rules, exclusions and contract modifications. These documents should be read in conjunction with the Procurement Act 2023 and its…
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PA2023 Guidance: Covered Procurement
To support preparation for the Procurement Act 2023, Goverment are publishing a suite of guidance documents addressing all aspects of the new regime, covering subjects from transitional arrangements and covered procurement through to pre-market engagement, award rules, exclusions and contract modifications. These documents should be read in conjunction with the Procurement Act 2023 and its…
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PA2023 Guidance: Contracting Authority Definition
To support preparation for the Procurement Act 2023, Goverment are publishing a suite of guidance documents addressing all aspects of the new regime, covering subjects from transitional arrangements and covered procurement through to pre-market engagement, award rules, exclusions and contract modifications. These documents should be read in conjunction with the Procurement Act 2023 and its…
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Procurement Policy Note 02/24 – Improving Transparency of AI use in Procurement
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DRAFT – The Procurement Regulations 2024 (published 25 March 2024)
The Procurement Regulations 2024 (legislation.gov.uk)
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Protected: Webinar Slides & Recording 25 March 2024 – PA2023 Notices (Part 1 – Planning Stage)
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Transforming Public Procurement Government response to consultation on draft regulations implementing the Procurement Act 2023 – Update 22 March 2024
This document sets out the Government’s response to a consultation published byCabinet Office in two separate parts over the summer of 2023, covering draftregulations to implement certain aspects of the Procurement Act. Part 1 consultation on draft regulations to implement the procurement bill – 19 June -28 July Part 2 consultation on draft regulations to…
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Public Procurement (British Goods and Services) Bill
This private members bill (Labour sponsor), proposes amendments to the Procurement Act 2023 and the Social Value Act 2012 to “make provision about public procurement in respect of British goods and services, and for connected purposes”. The proposed amendments aim to make Contracting Authorities have regard for how British goods and services in public procurement…
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The Chancery Lane Project: Introduce climate provisions to contract parties
A useful resource to reduce emissions using the power of legal documents and processes. The Chancery Lane Project (TCLP) is the largest global network of lawyers and business leaders using the power of climate contracting to deliver fast and fair decarbonisation. They have written 100+ climate clauses, 70+ glossary terms and a suite of tools…
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NHS signed Palantir contract – then carried on negotiating
How can a public body sign a contract that isn’t even finished? It’s time for NHS England to come clean over its contract with data giant Palantir. This is an interesting read from the Good Law Project. NHS signed Palantir contract – then carried on negotiating – Good Law Project
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Procurement Policy Note 01/24: Carbon Reduction Contract Schedule
This PPN (01/24) introduces an optional standard carbon reduction contract schedule that can be included in Government contracts. The Cabinet Office has developed a standard Carbon Reduction Contract Schedule which contains standard Terms and Conditions. These are intended to be considered alongside broader sustainability obligations and included “where relevant to the subject matter and proportionate”…
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Procurement Act 2023 (Commencement No 2) Regulations 2024
On 11 March 2024, the Procurement Act 2023 (Commencement No 2) Regulations 2024 (SI 2024/361) (regulations) were made by the government under powers conferred by section 127(2) of the Procurement Act 2023 (PA 2023). The regulations brought into force specified provisions of the PA 2023 on 12 March 2024. These include: • Parts of section…
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Protected: Webinar Slides & Recording 11 March 2024 – Below Threshold Contracts
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Guidance on Grants
Note on differences between Contracts and Grants Cabinet Office guidance on grants 2021-08-27_Grants-Standards-Guidance-INTRO.pdf (publishing.service.gov.uk)
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NHS – Small and medium enterprises action plan
This plan sets out how theb NHS will help to deliver on their commitment to small and medium enterprises (SMEs) and enable the NHS to benefit from their significant value and contribution to patient care. NHS England » Small and medium enterprises action plan
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The Procurement Act: A Due Diligence Guide for Public Sector Buyers
This guide from Dun & Bradstreet provides an overview of the key elements of the Act and the due diligence you will need to carry out. The Procurement Act: A Due Diligence Guide for Public Sector Buyers – Global Government Forum
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Mansfield District Council v Secretary of State for Communities and Local Government [2014] EWHC 2167
On 2 July 2014, the English High Court held that Mansfield District Council (MDC) had breached EU law in the award of two sub-threshold procurement contracts by failing to advertise them publicly. This ruling is a reminder to contracting authorities of the importance of abiding by the general principles of equal treatment, non-discrimination, transparency and…
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CPI 2023: Highlights and Insights Report
180 countries. 180 scores. How does your country measure up on the 2023 Corruption Perceptions Index? How do countries measure up on corruption in the public sector? CPI 2023: Highlights and insights – News – Transparency.org
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Protected: Webinar Slides & Recording 27 February 2024 – PA2023 Assessment Summary
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Protected: Webinar Slides & Recording 15 February 2024 – Procurement Act and Social Value
There is no excerpt because this is a protected post.
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FC&DO Letter to suppliers about the Procurement Act
This is a useful letter for Contracting Authorities to use as a template for writing to your suppliers about the new Procurement Act
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DfE Sustainability and Climate Change Strategy: Evaluation Framework
This evaluation framework sets out the principles of the sustainability and climate change monitoring and evaluation activities that will be carried out by DfE. It also includes: Published 30 January 2024
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International Game Technology PLC and The Gambling Commission and Allwyn
These proceedings are concerned with a procurement challenge arising out of the Competition for the Fourth Licence to run the National Lottery. In summary: The sub-contractor of an unsuccessful bidder in a public procurement process had no standing under the Concession Contracts Regulations 2016 to challenge the award of the contract to the successful bidder…
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Welsh Procurement Policy Note WPPN 10/21: Blacklisting in the construction industry – advice for the Welsh public sector
Welsh Government updates WPPN 10/21 concerning blacklisting in the construction industry. On 29 January 2024, the Welsh Government published an updated version of WPPN 10/21: Blacklisting in the construction industry: advice for the Welsh public sector, replacing the version that was first published in 2013 and last updated in May 2017. WPPN 10/21 is not…
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Braceurself Limited v NHS England
High Court. A useful summary of how the law applies to tender evaluation. In the case of Braceurself v NHS England EWHC 1532 (TCC), the High Court examined the merits of a procurement challenge in respect of tender evaluation and was prepared to re-score the challenger’s tender, changing the result of the procurement. In a judgment the…
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The Procurement Act 2023 (Commencement No. 1 and Saving Provision) Regulations 2024
On 16 January 2024, the Procurement Act 2023 (Commencement No 1 and Saving Provision) Regulations 2024 (SI 2024/61) were made. The Regulations bring into force a number of provisions of the Procurement Act 2023 (PA 2023). The Procurement Act 2023 (Commencement No. 1 and Saving Provision) Regulations 2024 (legislation.gov.uk) The Regulations: • Brought into force…
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Protected: Webinar Slides & Recording 29 January 2024 – PA2023 – Light Touch Contracts
There is no excerpt because this is a protected post.
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IFRS 16 Leases
Public Sector procurement professionals will need to consider the implications of IFRS 16 when undertaking procurements. IFRS 16 sets out the principles for the recognition, measurement, presentation and disclosure of leases. IFRS 16 requires a lessee to recognise assets and liabilities for leases with a term ofmore than 12 months, unless the underlying asset is…
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The European Court of Auditors Special Report 28/2023
Competition for public contracts awarded by national, regional and local authorities across the EU faded away in the last decade, according to a new report by the European Court of Auditors. Between 2011 and 2021, fewer and fewer businesses competed to provide works, goods and services to public bodies, while the authorities often approached specific…
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NHS Supply Chain and efficiencies in procurement NAO Report 12 January 2024
A National Audit Office (NAO) report examines NHS Supply Chain and efficiencies in procurement and has concluded that the NHS is not making the most of its spending power to save money in purchasing medical equipment and consumables. It has continued to spend more than £3 billion outside NHS Supply Chain, Supply Chain Coordination Ltd,…
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Protected: Webinar Slides & Recording 15 January 2024 – AI and Procurement
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The Public Service Obligations in Transport Regulations 2023
On 11 January 2024, the Public Service Obligations in Transport Regulations 2023 (the Regulations) were published, together with an explanatory memorandum. Drafts were published on 16 October 2023 . The Regulations revoke and replace Regulation 1370/2007 on public passenger transport services by rail and by road, which sets out the conditions under which “competent authorities”…
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PPN 12/23 – Procurement Policy Note: North Macedonia Accession to the Agreement on Government Procurement & CPV Code Amendments –
This Procurement Policy Note (PPN) sets out new requirements for contractingauthorities following North Macedonia’s accession to the World Trade Organisation’s(WTO) Agreement on Government Procurement (GPA), and amendments to twoCommon Procurement Vocabulary (CPV) codes to address outdated language.
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Prepare your organisation for Transforming Public Procurement – Crown Commercial Service Guide
This guide shares the approach Crown Commercial Service (CCS) has taken to Transforming Public Procurement and can be used as a guide to help you implement the new regime in your own organisation or department.
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The Health and Care Act 2022 (Commencement No. 8 and Transitional and Saving Provision) Regulations 2023
Transitional arrangements These deal with transitional and saving provisions in relation to the procurement of health care services for the purposes of the NHS where a procurement process has started, but has not ended, before 1st January 2024, under the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013. The Health and…
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Contract Management Guide – The World Bank 2018
This guidance focuses on the contract management activities undertaken during the period from the award of contract to contract completion. The purpose of this guidance on Contract Management: Practice (guidance) is to supportcontract management practice by illustrating some of the key aspects and issues. This guidance starts from the general and relevant aspects of contract…
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Cabinet Office Transforming Public Procurement Webinars
Following Royal Assent the Cabinet Office hosted a series of webinars for stakeholders where we explained the final shape of the Act, looked ahead to future key milestones, and outlined the support that will be provided as we progress to go-live in October 2024. All three of the webinars were fully subscribed with over 3,000 practitioners,…
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House of Commons Committee of Public Accounts – Competition in public procurement report 13 December 2023
House of Commons Committee of Public Accounts Competition in public procurement Sixth Report of Session 2023–24 published 13 December 2023. The headline is that “Government cannot demonstrate value for money for untold billions of taxpayer-funded procurement” Government is unable to demonstrate value for money across billions of taxpayer pounds of public procurement. The Government spent…
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The Health Care Services (Provider Selection Regime) Regulations 2023
The Provider Selection Regime (PSR) regulations come into force on 1 January 2024. The PSR will be a set of new rules for procuring health care services in England by organisations termed relevant authorities. Relevant authorities are: The PSR will not apply to the procurement of goods or non-health care services (unless as part of a mixed…
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Protected: Webinar Slides & Recording 12 December 2023 – Procurement Act 2023 Direct Awards
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Transforming Public Procurement – the official Knowledge Drop
Guidance designed to provide a high level overview of the changes to the procurement regulations and aimed at those who have regular interactions with procurement. The Knowledge Drops comprise a series of on-demand videos designed to provide a high level overview of the changes to the procurement regulations and are aimed at those who have…
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Strategic framework for NHS Commercial
This Strategic framework for NHS Commercial covers ambitions and objectives over the next five years. As the first of its kind, this framework marks a step change in the way that NHS Commercial will work. The vision is to be a globally renowned commercial function in healthcare, supporting the NHS to deliver world class patient…
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NHS Carbon Reduction Plan and Net Zero Commitment Requirements Webinars
Book your space for the webinar on the NHS England events page and start preparing for April 2024 now! Net Zero and Sustainable Procurement Team webinar programme | NHS England Events To support the implementation of the Carbon reduction plan and net zero commitment procurement requirements NHS England » Carbon reduction plan and net zero commitment…
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Protected: Webinar Slides and Recording 27 November 2023 – Provider Selection Regime
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PPN 10/23: Taking account of a bidder’s approach to payment in the procurement of major contracts
This PPN sets out how payment approaches can be taken into account in the procurement of major government contracts. It replaces PPN 08/21 from 1 April 2024. Where this PPN applies, In-Scope organisations must use the questions inPart 3 (Technical and Professional Ability) in the standard selectionquestionnaire2. The questions require bidders to demonstrate they are…
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Brookhouse Group Limited v Lancashire County Council
This case confirms that where a claimant alleges an illegal direct award without an advertised process, the only way to reduce the time period for an ineffectiveness claim to 30 days is to publish a contract award notice. Brookhouse Group Limited v Lancashire County Council [2023] EWHC 2921 (TCC) (17 November 2023) (bailii.org) The dispute…
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Provider Selection Regime toolkit products
This toolkit has been developed in collaboration with commissioners and procurement professionals to support implementation of the Provider Selection Regime (PSR). These products may be used to provide additional support alongside the PSR regulations and draft statutory guidance. The use of these products is not mandatory. Relevant authorities must ensure that they comply with the PSR regulations and…
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Protected: Webinar Slides and Recording 20 November 2023 – Sustainability and Social Value Outcomes
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Procurement Act 2023 – Explanatory Notes
These Explanatory Notes relate to the Procurement Act 2023 which received Royal Assent on 26 October 2023. These Explanatory Notes have been prepared by the Cabinet Office in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament. These Explanatory Notes…
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Procurement Act 2023: Guidance published 13 November 2023
Transforming Public Procurement – our innovation ambition Through the Procurement Act 2023, the government is transforming how public procurement is done in the UK. The changes will help to make better use of public resources to deliver better public services and grow the economy. Transforming Public Procurement – our innovation ambition (HTML) – GOV.UK (www.gov.uk)…
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Carbon reduction plan and net zero commitment requirements for the procurement of NHS goods, services and works
The NHS net zero supplier roadmap sets out the steps suppliers must take to align with the NHS net zero ambition through to 2030. The purpose of this guidance is to provide further details on the implementation of the following milestones in the roadmap (‘CRP and Net Zero Commitment Policy’): From April 2023: For all new contracts above…
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Siemens Mobility Limited and High Speed Two (HS2) Limited
The High Court handed down the approved judgment on Monday 6 November 2023 in the case between Siemens Mobility Limited (“Siemens”) and High Speed Two (HS2) Limited (“HS2”). Siemens were unsuccessful in all their claim against High Speed Two (HS2) Limited. Siemens challenged the lawfulness of the public procurement process carried out by HS2 under…
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Social value in procurement – Procurement Essentials – CCS
Social value in procurement is about making sure that what you buy creates additional benefits for society. To get it right, you need to start thinking as early as possible about how to apply it to what you are buying. Social value in procurement – Procurement Essentials – CCS (crowncommercial.gov.uk) What is social value and…
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Protected: Webinar Slides and Recording 6 November 2023 – PA2023 Contract Management – Performance, KPIs and Payments
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Key Performance Indicators (KPIs) for government’s most important contracts
There are some good (and not so good) examples of KPIs for a broad range of different contracts. This will be a useful resource to all Contracting Authorities in designing their own KPIs. A list of central government’s most important contracts, also showing up to four relevant Key Performance Indicators (KPIs) for those contracts, and…
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Procurement Act 2023
Procurement Act 2023 (legislation.gov.uk)
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Updated thresholds for public procurements to be applied from 1 January 2024
The financial thresholds for the application of the Public Contracts Regulations 2015 will change from 1 January 2024. The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2023 (SI 2023/1117) set out the position. The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2023 (legislation.gov.uk) The threshold amounts of most thresholds will be…
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Protected: Webinar Slides and Recording 31 October 2023 – Insurance in contracts & procurement
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EU Guidance – New version of Procurement Clauses of AI available: supporting responsible use of AI in Public Authorities
Local authorities are increasingly using AI technologies and algorithmic systems to operate their territories and provide services to citizens. With AI having a bigger impact on citizens’ lives, there is a growing need for instruments that can guarantee the use of AI in a responsible and secure manner, ensuring for example transparency about the decision-making…
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PUBLIC PROCUREMENT The Procurement Act 2023 (Miscellaneous Provisions) Regulations 2024
Draft Regulations laid before Parliament The Procurement Act 2023 (Miscellaneous Provisions) Regulations 2024 (publishing.service.gov.uk)
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PUBLIC PROCUREMENT The Procurement (Transparency) Regulations 202X
Draft Regulations laid before Parliament The Procurement (Transparency) Regulations 202X (publishing.service.gov.uk)
Everything procurement & contract management
In2 the bargain 