Procurement reform – the timetable for change14/10/21
The Cabinet Office has now given an indication of the timetable for procurement reform, with the new legislation expected in 2023 at the earliest. This is later than we had anticipated. Read more on what to expect and how to prepare below.
The Green Paper
At the end of 2020, the government published its Green Paper on reforming the legislation governing public procurement. The proposals were aimed to simplify procurement processes whilst ensuring the fundamental principles of transparency, equality and impartiality are still achieved. You can find an overview of the key proposals in our earlier insight.
The Cabinet Office will be publishing a summary of the responses to the Green Paper consultation and details of the Government’s intentions over the coming weeks.
The next stage will then be to prepare the new procurement legislation and supporting regulations. As well as working alongside the Ministry of Defence and the devolved administrations, the Cabinet Office said it would be “working closely with health colleagues on the procurement aspects of the Health and Social Care Bill”.
No firm date has been given for the new regime coming into force, but the Cabinet Office does state that this will not be until 2023 at the earliest.
For contracting authorities it is therefore business as usual, with procurement processes to continue to be carried out in accordance with the Public Contracts Regulations 2015. We know that a lot of procurement teams have been gearing up to prepare for the new legislation and how processes might need to adapt, but it is currently too early to make any changes to templates and processes.
You will find it helpful to review the summary of responses to the Green Paper consultation and the Government’s intentions in order to see proposals which might become part of the new legislation and then make a plan.
Procurement professionals and bidders will no doubt welcome an idea of the timeline for the procurement reform. As we now know that this won’t be until 2023 (at the earliest), we would advise not to hold back any current procurements in anticipation of this reform. Any move to the new legislation is likely to be gradual, with a learning and development programme expected and guidance to be issued.
How Capsticks can help
With extensive knowledge of procurement law relevant for both public and private sector clients, our specialist team are always on hand to review and advise on any aspects of the procurement process.
If you have any queries around what is discussed in this article, and the impact on your organisation, please speak to Katrina Day or Mary Mundy to find out more about how Capsticks can help.