Knowledge Drop for Contracting Authorities Part 4 of 6 mp4
Summary
TLDRThe 2023 Procurement Act Knowledge Drop Series dives into the updated supplier exclusion regime, emphasizing the protection of public interests. It introduces new grounds for excluding suppliers and individuals, allowing self-cleaning to avoid exclusion. The Act also outlines a debarment list for suppliers and mandates consistent feedback to bidders. Post-award, it requires publishing contract details and performance indicators, enhancing transparency and compliance.
Takeaways
- 🛡️ The Procurement Act 2023 introduces changes to better protect Contracting authorities from risky suppliers, ensuring effective competition, public confidence, and the safeguarding of interests in various sectors.
- 🚫 New grounds for supplier exclusion are established, including misconduct by suppliers or connected individuals, preventing avoidance through subsidiaries or rebranding.
- 🔄 Suppliers can avoid exclusion by demonstrating satisfactory self-cleaning activities, such as improving compliance and training procedures.
- 📋 Exemptions to exclusion rules exist under exceptional circumstances, like overriding public interest or in critical defense and national infrastructure situations.
- 🔍 Procurement and commercial teams can assist in navigating the exclusions process, ensuring fair and consistent application.
- 📝 The Act includes a provision for a debarment list, clearly outlining which suppliers must or may be excluded from procurements.
- 🕵️♂️ The procurement review unit will manage the investigation process for the debarment list, ensuring transparency and fairness.
- 🏛️ A new National Security procurement unit is being established to support exclusions and debarments on national security grounds.
- 📰 The debarment list will be published and maintained to assist Contracting authorities in the mandatory and discretionary exclusion stage of their procurements.
- 📋 The Act requires an assessment summary to be provided to each supplier post-tender assessment, including the successful one, to improve feedback consistency.
- ⏱️ There is a change in the standstill period from 10 calendar days to eight working days before entering into a contract with the successful supplier.
- 📝 Post-contract award, a mandatory contract detail notice must be published within 30 days, especially for contracts valued at £5 million or more, including redacted contract documents and key performance indicators.
Q & A
What is the primary aim of the Procurement Act 2023?
-The primary aim of the Procurement Act 2023 is to better protect Contracting authorities from suppliers who pose a risk to effective competition, public confidence, reliable delivery of contracts, the protection of the public, the environment, public funds, national security, and the rights of workers.
What are the new grounds introduced by the Procurement Act for excluding suppliers?
-The Procurement Act introduces new grounds to support Contracting authorities to exclude suppliers for misconduct by other suppliers and by individuals who are connected with a supplier, meaning suppliers cannot avoid exclusion by bidding in the name of a subsidiary or by dissolving and reforming under a different name.
How can suppliers avoid exclusion from a procurement procedure?
-Suppliers can avoid exclusion by demonstrating satisfactory self-cleaning activity, such as taking effective remedial action to prevent further misconduct, for example, by improving compliance and training procedures.
What are the exemptions to the exclusion rules under the Procurement Act?
-There are exemptions to the exclusion rules where exceptional circumstances apply, such as where there is an overriding public interest in permitting a supplier to compete or in situations relating to critical defense and national infrastructure matters.
What is the role of the procurement and commercial teams in the exclusions process?
-The procurement and commercial teams can assist in navigating the exclusions process, ensuring that the process is consistent, fair, and transparent.
What is the purpose of the debarment list under the Procurement Act?
-The debarment list is a new provision under the Procurement Act that sets out which suppliers must and may be excluded from procurements. It is intended to help Contracting authorities navigate the mandatory and discretionary exclusion stage of their procurements.
How will the debarment list be managed and maintained?
-The investigation process for adding suppliers to the debarment list will be managed in most cases by the procurement review unit, ensuring consistency, fairness, and transparency. A new National Security procurement unit is also being established to support exclusions and debarments on national security grounds.
What changes are introduced in the award procedures under the Procurement Act?
-The Procurement Act requires an assessment summary to be provided to each supplier that has had their tender assessed, along with the successful supplier's assessment summary. It also introduces a mandatory contract award notice signaling the intent to award a contract, and a change in the standstill period from 10 calendar days to eight working days.
What is the new requirement for publishing contract details after it has been entered?
-A mandatory contract detail notice has to be published within 30 days in most cases for the majority of contracts awarded with a total value of £5 million or more. Contracting authorities are also required to publish copies of their redacted contract documents and details of three key performance indicators.
What is the role of the procurement review unit in the context of the Procurement Act?
-The procurement review unit will manage the investigation process for the debarment list, ensuring consistency, fairness, and transparency in the process of adding and removing suppliers from the list.
What is the significance of key performance indicators in the context of the Procurement Act?
-Key performance indicators are important as they are regarded by the Contracting Authority as most material to the performance of the core contractual obligations. They must be published along with the contract details after the contract has been entered.
Outlines
📚 Supplier Exclusion and Debarment in the Procurement Act 2023
This section of the script discusses the changes in the supplier exclusion regime under the Procurement Act 2023. It outlines the new grounds for excluding suppliers who pose a risk to effective competition, public confidence, and other interests such as national security and the rights of workers. The act introduces a more robust approach to supplier exclusion, including misconduct by connected individuals and the inability to avoid exclusion through subsidiaries or name changes. Suppliers have the opportunity to demonstrate self-cleaning activities to avoid exclusion. The script also introduces the concept of a debarment list, managed by the procurement review unit, and the establishment of a National Security procurement unit for handling security-based exclusions and debarments. The debarment list will be published to guide contracting authorities through the mandatory and discretionary exclusion stages of procurements.
📋 Changes to Contract Award Procedures and Publishing Requirements
This paragraph details the modifications to the contract award procedures and post-award publishing requirements as stipulated by the Procurement Act 2023. It addresses the need for consistency and usefulness in the feedback provided to suppliers, with the introduction of an assessment summary for each tendered supplier, including the successful one. The script mentions a new step requiring a mandatory contract award notice to be published, initiating an eight-working-day standstill period before contract signing. Post-contract award, a contract detail notice must be published within 30 days for contracts valued at £5 million or more, including redacted contract documents and key performance indicators. The paragraph concludes with a recap of the changes and previews the next part of the series, which will cover contract governance, modifications, performance, termination, transparency, and compliance with the legal regime.
Mindmap
Keywords
💡Procurement Act 2023
💡Contracting Authorities
💡Supplier Exclusion Regime
💡Self-cleaning Activity
💡Debarment List
💡National Security
💡Assessment Summary
💡Contract Award Notice
💡Standstill Period
💡Contract Detail Notice
💡Key Performance Indicators (KPIs)
Highlights
The Procurement Act 2023 introduces changes to the supplier exclusion regime to better protect Contracting authorities from risky suppliers.
New grounds for excluding suppliers have been introduced, including misconduct by connected individuals.
Suppliers can avoid exclusion by demonstrating effective self-cleaning activities and improved compliance procedures.
There are exemptions to exclusion rules, particularly in cases of overriding public interest or Critical Defense and National infrastructure matters.
A debarment list of suppliers will be established under the Procurement Act, clearly outlining mandatory and discretionary exclusions.
The debarment list will be managed by the procurement review unit and a new National Security procurement unit for National Security-related exclusions.
Contracting authorities are required to provide an assessment summary to all suppliers post-tender evaluation.
The procurement process now includes a mandatory contract award notice to be published after issuing assessment summaries.
The standstill period has been reduced from 10 calendar days to eight working days before a contract can be entered.
A mandatory contract detail notice must be published within 30 days for contracts valued at £5 million or more.
Contracting authorities must publish redacted contract documents and details of three key performance indicators post-contract award.
The Procurement Act aims to improve transparency and compliance in the procurement process.
The material provided is for learning and development purposes and should not be considered as legal advice.
Fact sheets for exemptions are available on gov.uk, covering various sectors such as concessions, defense, and utilities.
The Procurement Act 2023 emphasizes the importance of contract governance, including modifications, performance, and termination.
The Act outlines the role of the procurement review unit in enhancing compliance with the legal regime.
The material is accurate as of October 2023, indicating the recency and relevance of the information provided.
Transcripts
procurement act 2023 knowledge drop
series for Contracting authorities
changes to assessment and award part
four of
six in part four of this knowledge drop
series we will
cover the changes around the supplier
exclusion
regime how the deartment list will
work the new requirements prior to
awarding a contract
the new publishing requirements
following the award of your
contract more robust approach to
supplier
exclusion the procurement act aims to
better protect Contracting authorities
from suppliers who pose a risk
too effective competition for public
contracts public confidence in
procurement
reliable delivery of
contracts the protection of the public
the environment public funds National
Security and the rights of
workers the procurement act introduces
new grounds to support Contracting
authorities to exclude
suppliers misconduct by other suppliers
and by individuals who are connected
with a supplier are also now in scope
meaning that suppliers cannot avoid
exclusion by bidding in the name of a
subsidiary or by dissolving and
reforming under a different
name as with the previous regulations
suppliers who meet one of the grounds
for exclusion must or may be excluded
from a procurement procedure following
an assessment of their circumstances by
Contracting
authorities suppliers can avoid
exclusion by demonstrating satisfactory
self-cleaning activity for example that
they've taken effective remedial action
to prevent further misconduct occurring
such as by improving compliance and
training
procedures there are exemptions to the
exclusions rules where exceptional
circumstances apply such as where there
is an overriding public interest in
permitting A supplier to compete or in
situations relating to Critical Defense
and National infrastructure matters your
procurement and commercial teams can
assist in navigating the exclusions
process debarment
list the procurement act includes a new
provision for a debarment list of
suppliers the debarment list will set
out very clearly which suppliers must
and which suppliers may be excluded from
procurements A supplier will be added to
the list if following a debarment
investigation it is found that an
exclusion ground applies and the
supplier has not been able to produce
sufficient self-cleaning
evidence the investigation process will
be managed in most cases by the
procurement review unit which will be
covered in knowledge drop five to ensure
consistency fairness and transparency
when suppliers are considered for
addition to and removal from the
debarment
list a new National Security procurement
unit is also being established to
support exclusions and debarments on the
grounds of National
Security the debarment list will be
published and maintained to help
Contracting authorities navigate the
mandatory and discretionary exclusion
stage of their procurements but it does
not replace this part of the
procurement
a change in award
procedures the feedback given to
suppliers can be inconsistent and not
always considered to be useful which may
result in complaints and legal
challenges that could have been easily
avoided sometimes unhelpful feedback is
down to a lack of clarity about what is
an acceptable standard of information to
provide to unsuccessful
suppliers the procurement Act requires
an assessment summary to be provided to
each supplier that has had their tender
assessed along with the successful
suppliers assessment
summary this should be less burdensome
as you'll be able to provide the
assessment summaries you would produce
as part of your procurement process
redacted for commercially sensitive
information rather than having to create
a new document unique to each tenderer
outlining the relative characteristics
advantages and
disadvantages although you are not
obligated to do so you may choose to
accompany these assessment summaries
with supplementary information Ain to
debrief or standstill
letters there is a new Step requiring a
mandatory contract award notice
signaling the intent to award a contract
to be published after the supplier's
assessment summaries are
issued the publication of the contract
award notice will start the standstill
period where it is applicable which has
changed from 10 calendar days to eight
working days and must be observed before
entering into a contract with the
successful
supplier once the contract has been
entered a mandatory contract detail
notice has to be published within 30
days in most
cases for the majority of contracts
awarded with a total value of £5 million
or more Contracting authorities will
also be required to publish copies of
their redacted contract documents and
details of three key performance
indicators key performance indicators
should be those which the Contracting
Authority regards as most material to
Performance of the core contractual
obligations
recap you should Now understand the
Chang around the supplier exclusion
regime how the debarment list will
work the new requirements prior to
awarding a
contract the new publishing requirements
following the award of your
contract in part five of this knowledge
drop series we will
cover the contract governance
requirements under the ACT including
contract modifications performance and
termination
the act's transparency ambition and
notice publication
requirements the role that the
procurement review unit will play in
improving compliance with the legal
regime this material has been produced
for the purpose of Learning and
Development and does not constitute and
should not be relied upon as legal
advice this material is accurate as at
October
2023
fact sheets for the following exemptions
can be found on
gov.uk concessions light touch defense
and security Northern Ireland Wales
schools
utilities end of
animation
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