All change: Transforming Public Procurement in the UK : The Procurement Bill

The Procurement Bill (the ‘Bill’) has now been published, following its first reading in the House of Lords. The second reading, where all aspects of the Bill would have been generally debated, took place on 25 May 2022. The Bill now moves on to the committee stage on 4 July where it will be examined line by line.

In its current form, the Bill includes 13 Parts and 11 Schedules, running to 122 pages. There is a lot to consider for both contracting authorities and private sector suppliers.

The Bill contains new the Procurement Objectives which seek to incorporate a duty to consider value for money, public benefit, sharing information to promote understanding, integrity and social responsibility. Procurement procedures have been rebranded, amended or, in some cases, removed. Additional duties, such as the general obligation to set out key performance indicators where contracts are valued above £2m, have also been introduced.

The Bill will likely be subject to change as it undergoes the parliamentary process. A running list of proposed amendments has been published by the Grand Committee which already runs to 79 pages. It is anticipated that the legislation will not come into force prior to 2023 and six months’ notice will be given before the new regime is implemented. In the meantime, the Public Contracts Regulations 2015 and other existing regulations will continue to apply.

Clyde & Co will continue to monitor the Bill’s progress and provide updates and commentary via our website. For more information or advice please contact us.