Procurement in a Nutshell – Reminder of main changes under PA23
12th September, 2025
The Procurement Act 2023 came into force on 24 February 2025. We are therefore over 6 months from the go live date and as such we thought now would be a good opportunity to remind you of the main changes under the new Regulations.
Consolidation and Simplified Procedures:
The Act consolidates all public procurement regimes into one piece of legislation, replacing the existing six procedures with a more streamlined approach. The main procedures are now the Open Procedure and the Competitive Flexible Procedure, with limited circumstances for direct award.
Emphasis on Public Benefit and Value for Money:
Contracting authorities must now consider how their procurement can deliver value for money, maximise public benefit, and contribute to national priority outcomes.
MAT (Most Advantageous Tender):
The award criteria shifts from MEAT to MAT, requiring authorities to consider wider factors beyond just price and cost when evaluating tenders.
Competitive Flexible Procedure:
This new procedure allows authorities to design bespoke tender processes while ensuring fairness and transparency.
Central Digital Platform and Transparency:
The Find a Tender service is enhanced, requiring more detailed and frequent publication of notices at various stages of the procurement process.
Supplier Exclusion Regime:
The Act introduces mandatory grounds for exclusion, including convictions for certain offences like corporate manslaughter and cartel activity.
Increased Scrutiny of Supplier Performance:
Authorities must now report on supplier performance, and this can impact future exclusion decisions. Contracts over a certain value (e.g., £5 million) require specific Key Performance Indicators (KPIs) and regular performance reporting.
Accessibility for Smaller Suppliers:
The Act aims to make the procurement process more accessible for small businesses and voluntary, community and social enterprises (VCSEs), potentially through streamlined procedures and reduced barriers to entry.
Debarment List:
A central debarment list will be maintained, preventing suppliers who have been excluded from participating in public contracts.
Framework Agreements:
The Act introduces the concept of “open frameworks” and allows for dynamic purchasing systems.
Standstill Period:
The standstill period following contract award is now set at eight working days.
For further information please contact Melanie Pears or Tim Care in our Public Sector Team.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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