Win more Contracts - Public Procurement 2026 - 4th Feb 2026

 First open course of the year on Wednesday.  That one is full but we shall be running it again on April 26th 2026.

Full details are here.

Those new Public Procurement Thresholds

 Here are those new Threshold values I mentioned earlier.  They apply from 1 January 2026  and will not change for 2 years.

The values are lower in both GBP and EUR, despite global inflation being in the range of 3% to 5% (obviously significantly different in any individual country).  I have to say that I am not sure what is happening here...

The Thresholds are denominated in Special Drawing Rights (SDR) which are based on a basket of currencies including Sterling and EUR (and USD, Yen and Yuan).  So they should not change a lot.  And I cannot see whether the underlying values in SDR have changed, nor why they have not been adapted to take account of inflation.

Anyway, the new (and old) values for the UK are below.

Win more contracts - understanding the Procurement Act 2023 - 4th December 2025

 Last open course for 2025 (for me) is online on Wednesday 4th December 2025.

Full details are here.

These courses have been very popular, and so we shall run them again in 2026, but not until February at the earliest.  And there will probably be a run of other courses as well, but not until the Spring.

So if you are interested, hope to see you online.

New Public Procurement Thresholds from 1 January 2026

 And they are lower than at moment. (just a bit)

Some people says this means more competition as more contracts will be subject to the threshold and there require competition.

WELL, given that the PA2023 increases the opportunities for avoiding competition the lowering of the threshold is only a marginal step back in the direction of competion.

 

And of course the thresholds are not actually set by the UK government but the WTO GPA.

 

Given the significant inflation over the past few years this is a significant lowering of (most of) the thresholds.  I'll be interested in the response.  I suspect many contracting authorities actually would have preferred a significant increase.

Public Procurement consultation - closes 5th September 2025

 Last chance to have your input on future changes to UK Public Procurement - consultation closes 5pm on Friday 5th Sept 2025.

Now, I'm sure you have already made your input - but just in case...

The link is here.

Summer's gone (wake up Boo!) - The Procurement Act in Practice for Suppliers 9th September 2025

 Gosh, it's 2nd September already. Summer's not quite gone, but it is getting ready for back to school...

And so I assume lots of people are now keen to stop reading that summer blockbuster on the beach and start thinking again about the Procurement Act 2023.

No?

Well if you are then, you might want to come along for our first Procurement Act in Practice for Suppliers next Tuesday 9th September at PASS Procurement.

Link here - https://www.passprocurement.co.uk/event/procurement-act-in-practice-for-suppliers/

And if you are old enough to get the reference, the Boo Radleys are here

Covid and PPE Procurement

I think this is a very interesting submission from the UK Anti-Corruption Coalition to the Covid-19 enquiry.

My comments were;

Chris, great stuff. As my delegates will know, the late publication of PPE contract notices is a major gripe of mine (even allowing, as you do, for the difficult circumstances). That this was a deliberate attempt by government to escape scrutiny is (I think) an inescapable conclusion, leading to a huge loss of trust in public procurement and government. Even if no wrong doing were to be discovered, this is a terrible damage for the country. It was a deliberate choice by Ministers, who should be ashamed of themselves.
The facts that PPE was expensive, and fraudsters took advantage with sub-par products, are probably unavoidable. The damage to public trust was easily avoidable. It immediately leads people to think "there is no smoke without fire" and to suspect deliberate fraud and corruption at the highest level. In short, the exact opposite of what might have been intended.

Action Sustainability - Assessing the Procurement Act 2023

 We had a very interesting online conference yesterday, hosted by Action Sustainability.  It had quite a Welsh flavour with the speakers being Robert Vaughn of the Department of Transport, Carl Thomas of the Welsh government and Diane Brooks of Lyreco Wales.  I was the warm up act, doing PA2023 in 20 minutes (never mind the 630 pages of guidance, eh?  20 mins?  Sure I didnt miss TOO much out...)

Action Sustainability will be making a recording available at some point (as I said, I'm on first so you can skip to the 30 minute mark to hear the real practitioners talking).

There was a strong focus on SMEs during the presentations, which is a favourite topic of mine.

We had some good questions from the 600 attendees (well not all of them).

One made the very good point that the designation SME covers a broad range of businesses, and that a company with 230 employees is a very very different entity to one with 23, (or particularly 2 or 3).  I have some hopes that the flexibility in the PA2023 for the lowest value contracts (below £30k or £12k inc VAT, depending on the contracting body) will allow Contracting Authorities to tap into the pool of Small and Micro businesses.  But of course that is not guaranteed.

Another point was about ethics, and as we had delegates from all four nations it is probably useful to point out that as well as the national Procurement Review Unit, there is Wales PRU, a Scottish Single point of enquiry, and Northern Ireland Construction & Procurement delivery teams covering devolved procurements.  

One delegate was concerned about ethical breaches in the construction industry, which of course had a significant Cartel case in the 2000s.  Their point was that offenders aren't seen as suffering the consequences, and of course the consequences are being beefed up in the PA2023.  Another delegate pointed out that whistleblowers in the industry are at risk of blacklisting, which of course is not legal but may still occur.  They were asking if the PRU would protect whistleblowers.  There is government guidance on whistleblowing here.  It is not clear to me if referrals to the PRU can be anonymous, but I'll try and check.

And finally of course we reminded everyone about the new consultation about potential changes - https://www.gov.uk/government/consultations/public-procurement-growing-british-industry-jobs-and-skills-consultation-on-further-reforms-to-public-procurement

Deadline 5th September 2025.

Consultation on changes to Public Procurement

The Procurement Act 2023 has been in place since 24th February 2025.  The government is now starting a consultation on proposed changes.  These are mostly fairly minor, and are about extending the requirements placed on Central government departments to cover all contracting authorities (and a bit more clarification on SMEs and Social Value).

The deadline for responses is 5th September 2025, so you have a couple of months to respond (but don't forget).  The link is here .

My first thoughts are (as above) nothing to significant.  But I'll have a think and share my responses when I submit them.

Always interested in hearing/reading other people's thoughts too.

National Procurement Policy Statement - NPPS

 The new National Procurement Policy Statement has been published and I will be briefly discussing it at The Procurement Act Live! at the NEC on Thursday 27th February 2025.

Helpfully the NPPS was published about an hour after I had submitted my presentation for formatting (I'm not bitter...) but at least I have been able to update it appropriately.

The key element as I seem them are...

Kickstart Economic Growth

    Opportunities for SMEs (PPN 001 (2025)

    High quality jobs

    Encouraging Innovation

Make Britain a Green Energy superpower

    Accelerating to NetZero

Take back our streets

Break down barriers to opportunity

    Skills gaps

    Removing barriers to entry for young people and under represented groups

Build a NHS fit for the future

The NPPS is of course not QUITE National, as Scotland is not taking part in the PA2023 (yet), and Wales and Northern Ireland have some devolved procurement arrangements.  But nice to know the priorities.

Of the 5 elements I am not convinced that 2 really fit into Procurement Policy (I'm all in favour of taking back our streets, but is this a procurement priority?  And likewise I am a strong believer in [and patient of] the NHS, but surely that point is a government priority not a procurement priority (what is, say, MOD procurement [which is in the news at the moment] going to do to deliver improvements in the NHS?).  Those seem more like government priorities rather than procurement issues.

Of the 3 remaining, they all seem appropriate - but largely reminiscent of the original NPPS from June 2021 under a different administration.

    - Creating new businesses, new jobs and new skills in the UK

    - Tackling climate change and reducing waste 

    - Improving supplier diversity, innovation and resilience.

But that is not a bad thing as these are key challenges and knotty problems.

Hope to see you at NEC to discuss them in more detail (at the seminar or on the BIP Solutions stand)

Happy Procurement Act 2025 Go-Live Day

 Happy Procurement Act 2025 Go-Live Day to all those who celebrate....  on Monday 24th February 2025.

Supplier registrations on the new Central Digital Platform go live now (Monday) though I think I might leave it a day or two to avoid the rush.

You might even wait until after you have visited The Procurement Act Live at the NEC on Thursday 27th Feb 2025 - where I shall be presenting 5 short seminars but more importantly there will be speakers from Cabinet Office and loads of stalls, stands and seminars.

Details are here

Hope to see you there

More Procurement Act 2023

 More guidance on the Procurement Act 2023 (as of 25/11/24).

On the plus side, it starts to look likely that the go-live date of 24th February 2025 will be met.

On the negative side, everyone will have to re-register.

The new guidance is on SMEs, the CDP (Central Digital Platform) and (not very detailed) information for suppliers.

Full details are here.

Procurement Act 2023 - the new Central Digital Platform

 A little bit more information from the government about the new Central Digital Platform coming in with the Procurement Act 2023 from 24th February 2025.

It confirms that the CDP will be built on the existing Find a Tender Service (FTS) platform.  We were expecting (hoping?) that this would mean that existing registrations would just be ported over into the new system.

Sadly, the new information clarifies (see below) that this is not going to be the case and that Buyers and Sellers will need to re-register.  Buyers should be able to register from end of January, and Sellers after that (sellers don't actually need to be registered until there are tenders to bid for - so after 24th Feb - but I am sure many people will want to get ahead of the game).

My friends at Delta e-sourcing (part of BIP Solutions) have shown that their systems are ready for the go-live and to fit into the new system.

I am presenting at The Procurement Act Live on 27th Feb 2025 at the NEC, so that will be a great opportunity for people to see what is going on and ask questions (to the Cabinet Office rather than just me!)

Here is the relevant text:

If I am already registered on Find a Tender, will I need to re-register?

Yes, you will need to re-register and enter your organisation information. We will provide comprehensive guidance to help you do this closer to 24 February 2025.

Full details are here.

The Procurement Act Live - NEC - 27th February 2025

 The Procurement Act has been delayed from October 2024 to 24th February 2025 - and just 3 days later we shall be running a live event at the NEC discussing the PA2023 and how well it is going.

Well, maybe how well it is going to go...

I shall be running a handful of short sessions, and be around on the day.  I will also be hoping to learn from the panolpy of other presenters.

Did I mention that it is free if you are public sector or VCSE?

Hope to see you there.

Full details (which are still developing) are here.

The Procurement Act 2023 and the election

 The good news is that an election on 4th July is well away from the confirmed go-live date of 28th October 2024 for the Procurement Act 2023.

So no complications, such as there might have been if the election was in October or November. (though Cabinet Office assured us that it would not be a problem and the legislation seems to have cross-party support).

Meanwhile there is increasing amounts of information about the Act being published by the Cabinet Office - which I am trying to keep up with.  The good news is that it seems pretty good stuff at the moment.  The bad news is that there are always going to be particular issues that need more clarity, or are not currently clear.

But with 5 months to go I think we have lots to work on.

The Procurement Act Expo, Tuesday 12th March 2024, Birmingham NEC

 I am going to this event as a delegate rather than as a presenter - that is how valuable and useful I think it is going to be.

Jointly presented by the Cabinet Office and BIP Solutions.

Hope to see you there.

Full details are here.

Westminster Business Forum: Next steps for Public Procurement Policy 26th April 2024

 I am pleased to one of the contributors to the Westminster Business Forum event on 26th April 2024, looking at the next steps in Public Procurement.

I know that we have not even introduced the Procurement Act yet, but that is the time to think not only about what that is going to mean, but also about the future changes that are inevitably going to follow.

Luckily for you all, I shall only have a small role.  The event is online so no need to travel.

Full details are here.

BIP - DPRTE - The Procurement Act 2023 for Defence Suppliers - 1st February 2024

I was a late substitute called off the bench to moderate this webinar, which will go out on Thursday 1st February 2024.

The Procurement Act 2023 has big implications for all public sector bodies, but for the defence industry there is a really big change as their standalone DSPCR 2011 is combined with other procurement processes.

We have two experts from MOD to talk through the changes, and (as it says) what it means for Defence Suppliers.  I'm just your genial host.

I found the session really interesting, and Alex and Ben have been intimately involved in the legislation and now in the role out - so they know what they are talking about.  

There is a slide pack to go along with the webinar, which will be less than an hour (currently in editing).

Hope you enjoy it.  Joining instructions are here or here (which my system thinks is a dodgy site, but isnt. Honest)

Public Sector: Banning failed suppliers

 As a result of the Fujitsu/Horizon/Post Office scandal coming to wider public attention there have been a lot of questions about why the government has not banned them from future contracts.  Some people have alleged all sorts of reasons included stating that it was not possible to ban them.

The reality is a bit more complex.  Firstly, the contract would have been awarded under the regulations in place in 1999, and to be honest I am not sure what they would allow in terms of banning suppliers.

Secondly, until now despite the clear and obvious problems that have been known for 25 years, at no point has the contract with Fujitsu  been terminated, nor as far as I am aware have damages been sought.  The principle up until now has been that the IT system was perfect, and the post masters were the ones in the wrong - a principle that was wrong from the start.  (David Allen Green has a good blog discussion of this).  So, as far as the government was concerned there was no grounds for banning Fujitsu because they had done nothing wrong (I know - not the reality).

Next, it is very likely that time had run out on both warrantees and the rights to claim damages for non-performance (and remember, until now as far as the Post Office and government were concerned there was no non-performance to challenge - they blamed the Post Masters).

So, what other avenues are there.  Well in the Public Contract Regulations 2015 there are provisions for Discretionary Exclusions of companies who fail significantly in a material element of a relevant contract - fuller details are in these PPNs here and here.

The relevant text is :"In particular, an economic operator (i.e. company) may be excluded if it has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract, damages or other comparable sanctions."

But remember again, until now the contract was NOT seen to have significant of persistent deficiencies.  Difficult to believe when Computer Weekly first raised it in 2009 (and have stuck at the story to their credit).

But IF the contract were terminated and/or damages sought then Fujitsu COULD be barred from bidding for futures similar contracts at the Selection Questionnaire stage.

The new Procurement Act 2023, which starts in October 2024 looks to give the government more powers (which of course they have to choose to utilise).  Under the PA2023 the government not only has similar powers to exclude failing suppliers from the bidding process, but also the ability to debar suppliers for a period of 5 years if so authorised by a Minister of the Crown (and after representations from the supplier).  Lots of legal discussion of this - here is one.

Sounds like a step in the right direction to me, though there is some concern this is a lack of clarity , and it will be a brave Minister who is the first to invoke it. 

(Incidentally there is a growing trend for government communications about such matters to be written as party political publicity, which is both annoying and worrying.  It is the same path previously reputable newspapers went down when they became unable to separate truth and opinion. It damages our democracy).

Anyway, the key point is that Fujitsu were not made liable for their failings and consequently it is rather difficult to see how they can be punished.  They could voluntarily step away from UK government contracts for a while (though a recent conversation with a delegate suggests they are not doing so) as one consultancy did after they upset Prime Minister Theresa May through a leak.  I am decidedly against that - it is corruption to step away from contracts to curry favour with politicians.  Much better for us to properly manage our contracts, be brave enough to admit when they are not working, and use the powers the regulations are (belatedly) granting.

BIP Solutions - Delivering Effective Market Engagement - 15th February 2024 online

 One of the things about the new Procurement Act 2023 is that it is explicitly opening the door to more engagement with the supply base and market.  Now there was nothing strictly stopping buyers from doing that under the PCR 2015, but in practice Public Sector Buyers were very worried about the risk of challenge for distorting competition.

Well the government is recognising that suppliers have useful insights, and encouraging buyers to discuss procurements with them - but obviously not in a way that does actual distort competition.  And of course, if you are in Sales that is precisely your intention in engaging with potential customers.

But with some forethought this should be a useful capability.

So we are running a seminar to share what we see as best practice, and hope that delegates will share their thoughts and concerns too.

Full details are here.