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Procurement in a Nutshell 2022

The Government published its Green Paper "Transforming Public Procurement" on 15 December 2020, with its aim to provide a modern, fit for purpose set of rules, improving and simplifying the procurement process.

In December 2021 the Government published its response to the consultation and the comments raised by over 600 organisations and individuals. As a result we now have a clearer indication of the reforms that the Government intends to introduce.

The Government  plans to produce a draft Bill at some point in 2022. Further to the new legislation the Government will also introduce new secondary legislation or regulations to implement the new regime and produce  “a detailed and comprehensive package of published resources (statutory and non-statutory guidance on the key elements of the regulatory framework, templates, model procedures and case studies)” to help contracting authorities and suppliers understand how the new regime will work.

Due to significant changes and the amount of work required to bring this all into effect it is unlikely that the new regime will  be implemented until 2023 at the earliest. We can expect a draft Bill this year and the Government has said that it intends to give at least 6 months’ notice of “go-live”.

Principles and objectives

This Nutshell looks at the proposals to introduce updated principles into the legislation.

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Streamlining the procurement procedures

This Nutshell looks at the proposals to replace the existing seven procedures with three procedures.

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The new procurement review unit

This Nutshell looks at the proposals to establish a new unit to oversee public procurement, to be advised by a panel of independent experts.

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Procurement in a crisis

This Nutshell looks at the proposals for procurement in a crisis or emergency.

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The future of the Light Touch Regime

This Nutshell looks at the proposals for the future of the Light Touch Regime (LTR).

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The change from MEAT to MAT

This Nutshell looks at the proposal to change from the requirement to evaluate bids according to the most economically advantageous tender (MEAT) to the most advantageous tender (MAT).

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Changes to award criteria

This Nutshell looks at the proposal to amend the requirement to link award criteria to the subject matter of the contract, as well as removing the requirement to evaluate bids from the point of view of the contracting authority.

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Taking past performance into account

This Nutshell looks at the proposals for taking past performance into account in the evaluation of tenders.

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The Supplier Registration System

This Nutshell looks at the proposals for establishing a Supplier Registration System to keep all supplier information on a single database.

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Transparency and the new digital platform

This Nutshell looks at the proposals for increased transparency in the procurement system and for the new digital platform.

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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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Melanie Pears

Partner | Head of Public Sector

+44 (0) 330 137 3451

+44 (0)789 987 8424

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Tim Care

Partner | Public Sector

+44 (0) 330 137 3458

+44 (0) 752 590 3378

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