The Act provides contracting
authorities with greater flexibility when designing their procurement
procedures. Contracting authorities can choose to adopt the following methods:
- Single-stage open procedure
or
- Any other procedure that a
contracting authority considers appropriate for awarding the contract (a
"competitive, flexible procedure"). This type of procedure may
include multiple stages, which allow deselection, shortlisting, and the
refinement of award criteria.
The Act regulates the whole
life cycle of a public contract, from pre-procurement market engagement to
contract award, management, and implementation. It emphasises transparency and
obligations to publish notices throughout the contract's life cycle, and it
places a greater emphasis on contract management and monitoring suppliers'
performance.
The existing procurement
regime emphasises best value for money and requires contracts to be awarded to
the Most Economically Advantageous Tender (MEAT). The Act alters the focus to
the Most Advantageous Tender (MAT).
The language change aims to
enable contracting authorities to give more weight to award criteria such as
social value and implement the recommendations in the National Procurement
Policy Statement. However, all award criteria should continue to be proportionate
and related to the contract's subject matter.
The Act significantly
changes how contracting authorities notify tenderers of an award decision and
carry out a standstill period as follows:
- There is no longer a requirement to
set out the relative advantages and characteristics of the winning tender.
Instead, each tenderer (including the winning tenderer) must be provided
with an "assessment summary" of its tender and the winning
tenderer's tender.
- Regulations will set out the
details of what needs to be included in the assessment summary, which will
consist of giving detailed feedback against each evaluated element/award sub-criterion.
- The mandatory standstill period has
been changed from 10 calendar days to 8 working days beginning when a
contract award notice is published.
- For light touch contracts,
contracts awarded via specific direct award procedures, call-off contracts
under a framework and contracts awarded by reference to a dynamic market,
the requirement for a standstill period is voluntary only. However, if a
contracting authority elects to hold a standstill period, it can be for at
least eight working days.
Another significant change
is introducing a centralised debarment list of suppliers subject to an
exclusion ground. The debarment list will be maintained and managed by the
central government. Contracting authorities must notify the government within
30 days of excluding a supplier from a procurement process.
An online platform will
replace FTS and Contracts Finder. This platform will publish all notices and
documentation, including supplier registration and selection questionnaire
information.
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