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The Procurement Act—substantial progress or missed opportunity? Pt 2

10 November 2023 / Fleur Turrington , Jennifer Clarke , Aimee Cook
Issue: 8048 / Categories: Features , Procedure & practice , Procurement
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Fleur Turrington, Jennifer Clarke & Aimee Cook believe the new Act represents an opportunity for increased transparency
  • The Procurement Act 2023 received Royal Assent in October, with an implementation period expected before coming into force in October 2024.
  • A key principle that remains within the Act is that contracts under the competitive tender procedure are to be awarded in line with the ‘most advantageous tender’ and not those that are simply the most economically attractive to contracting authorities.

The Procurement Act 2023, which received Royal Assent in October, introduces the concept of a centrally managed debarment register. This will comprise a list of suppliers to be excluded from competing for public contracts. Suppliers will only be excluded following ministerial investigation and there is a right for the supplier to challenge exclusion within the debarment standstill period of eight working days of the decision to exclude.

Ministers will also have powers of review where they believe a contracting authority may unknowingly award a contract to a supplier who otherwise may be excludable.

Suppliers

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