Transparency
Transparency requirements for the Procurement Act 2023 are fundamental, broad reaching and embedded into every part of the procurement life cycle. It aims to ensure that the flexibility being afforded in the new regime is delivered in an open and accountable way. From the identification of needs, through to analysis, tendering, supplier selection, contract management and termination.
This article is a brief summary of transparency requirements under the new regime, including what they mean for both CHIC Members and suppliers. It also touches upon details of the Central Digital Platform, where all tendering information will be visible to both suppliers and Contracting Authorities.
The Act introduces some new notices throughout the procurement and contract management stages. It also includes the requirement to publish relevant data to provide commercial intelligence for the design and delivery of procurement competition.
Click here to see a table which consists of the noticing requirements, scope and what each means for suppliers.
Relevant notices required for commonly used routes to market
1. Framework Contracts
Frameworks that are public contracts require appropriate use of the notices UK1-UK12 & UK17. However, reporting on KPIs for the Frameworks using UK8,9& 17 notices is not required, but necessary for contracts called off from the Framework.
You do not need to publish tender notices for call off contracts under the framework as this is already covered when establishing the agreement.
2. Dynamic Markets
Notices UK13-UK16 are mandatory when establishing a dynamic market, because an established Dynamic Market is NOT a public contract. All standard notices will apply to contracts called off via the market, including the publication of Tender notices (UK4).
3. Regulated Below Threshold Procurement
Covered under Sections 84-88 of the Procurement Act. These are contracts that are below the thresholds of contracts for goods & services ((i.e., below £213,477) and works i.e. £5,336,937)) and not an exempt, concession or utility contract.
Tender notice must be published on the central digital platform and a contract detail notice must be published on the conclusion of an award.
A central place for all public sector tendering opportunities – The Central Digital Platform.
The purpose of the new platform is to provide a central location for registering basic supplier details for tenders and a single place for all public sector opportunities. This is to reduce time to tender, remove duplication, reduce administrative cost of tendering for suppliers and improve accessibility of commercial data. It is anticipated that the platform will be of great benefit to SMEs, making it easier for those who may not have resources required for public tendering activities.
All aforementioned notices will be published through the platform.
CHIC eSourcing (an example eSender) can punch out information to this platform, similar to how we currently publish tender notices through eSourcing to FTS and Contract Finder. The Central Digital Platform is essentially an enhanced Find the Tender (FTS) platform and New Supplier Information System.
Note that all notices must be published on the Central Digital platform (FTS) before publishing anywhere else. Just like now you must check visibility on FTS & have a confirmation email of publication going live before publishing anywhere else. In addition, commercial tools and registers will be available on the Central Digital platform for use during the commercial lifecycle of a project. The Introduction of these features will enable the analysis of commercial data based on notices published on the Central Digital platform Contract Finder will no longer be used for any notice publication but will be available during the transition period.
Whilst transparency is at the centre of the Procurement Act 2023, any data shared must not contravene the Data Protection legislation and Contracting Authorities must be mindful of the requirements under this Act whenever information is published or otherwise shared.
Visit the Transforming Public Procurement page to read the Benefits for Prospective Suppliers to the Public Sector – GOV.UK (www.gov.uk), and the Government transparency ambitions at Transforming Public Procurement – our transparency ambition – GOV.UK (www.gov.uk).
If you have any questions about the Procurement Act, please get in touch with Sam Domican at [email protected].
