Knowledge Drop for Contracting Authorities Part 2 of 6 mp4

Summary

This knowledge drop series for Contracting authorities under the Procurement Act 2023 focuses on pre-procurement considerations. It emphasizes early supplier engagement, pipeline publishing, and value for money. Contracting authorities are encouraged to publish future procurement plans and engage with suppliers to shape competitive procedures. The series also highlights the importance of conflict of interest assessments and the new central digital platform for suppliers, aiming for transparency and fair treatment in the procurement process. The Act promotes awarding contracts based on the most advantageous tender, considering a wide range of criteria beyond the lowest price.

Takeaways

• 📢 Contracting authorities must focus on pre-procurement considerations, including pipeline publishing requirements and early supplier engagement.
• 📈 Larger contracting authorities with a spend of over £100 million per year must publish pipelines of their future procurements at the start of each financial year.
• 🤝 Early supplier engagement helps shape a competitive procedure and ensures suppliers have sufficient time to respond to tenders.
• 📝 Preliminary market engagement notices must be published, detailing planned or conducted engagements. If not published, an explanation must be provided in the tender notice.
• 🔍 All market engagement activities should be coordinated through procurement or commercial teams to ensure fairness and transparency.
• 🌐 A new central digital platform will provide a single place for suppliers to register and upload key business information, reducing duplication and administrative burden.
• 💰 Contracts must be awarded based on the most advantageous tender, not just the lowest price, to encourage consideration of broader award criteria such as social value and environmental benefits.
• ⚠️ Strengthened conflict of interest assessments are required throughout the procurement process to protect the integrity of procurements.
• 🔍 Individuals involved in procurement must highlight any actual, potential, or perceived conflicts of interest to their procurement or commercial colleagues.
• 🛡️ If a conflict of interest gives a supplier an unavoidable advantage, the supplier must be excluded from that particular procurement.

Q & A

What is the purpose of the 'Procurement Act 2023' knowledge drop series?

The purpose of the 'Procurement Act 2023' knowledge drop series is to educate Contracting authorities on pre-procurement considerations, including pipeline publishing, early supplier engagement, value for money considerations, and conflict of interest assessments under the new procurement regulations.

Why is early supplier engagement encouraged under the Procurement Act?

Early supplier engagement is encouraged to help Contracting authorities and suppliers understand the deliverability of requirements, explore alternative and innovative solutions, and to form and shape a competitive procedure, ensuring a more efficient and effective procurement process.

What is required for larger Contracting authorities with a spend of over 100 million per annum?

Larger Contracting authorities with a spend of over 100 million per annum are required to publish pipelines of their future procurements at the start of each financial year, ensuring transparency and allowing for better planning and engagement with suppliers.

How can early market engagement inform the procurement process?

Early market engagement can provide Contracting authorities with valuable information to help develop the procurement procedure, award criteria, and project timetable, ensuring that suppliers have sufficient time to respond to tenders and that the process is proportionate and not overly complex.

What is the significance of publishing a preliminary Market Engagement notice?

Publishing a preliminary Market Engagement notice is significant as it sets out what engagement is planned or has been conducted, ensuring transparency and allowing potential suppliers to understand the procurement process and requirements.

Why is it necessary to coordinate all market engagement activities through procurement or commercial teams?

Coordinating all market engagement activities through procurement or commercial teams ensures that all suppliers are treated fairly, satisfies transparency requirements of the Procurement Act, and reduces the risk of issues arising during or after the procurement process.

What benefits does the new Central Digital Platform offer to suppliers?

The Central Digital Platform offers a single place for suppliers to register and upload their key business information, making it easier for them to participate in tendering opportunities without having to provide the same information each time, thus reducing duplication and administration.

How does the Procurement Act define the basis for awarding contracts?

Under the Procurement Act, contracts must be awarded on the basis of the most advantageous tender (MAT) instead of the most economically advantageous tender (MEAT), encouraging Contracting authorities to consider a broader range of award criteria beyond just the lowest price.

What is the change in terminology from 'MEAT' to 'MAT' intended to signify?

The change from 'MEAT' to 'MAT' signifies a shift in focus for Contracting authorities to consider more than just the lowest price when awarding contracts, emphasizing the importance of other factors such as social value, environmental benefits, and innovation.

What is the strengthened approach to conflicts of interest under the Procurement Act?

The strengthened approach requires Contracting authorities to take all reasonable steps to identify and manage actual, potential, and perceived conflicts of interest throughout the procurement process, including the preparation and revision of conflict assessments and the management of resulting contracts.

What is the responsibility of individuals involved in a procurement regarding conflicts of interest?

It is the responsibility of every individual involved in a procurement to highlight any actual, potential, or perceived conflict of interest that they are aware of to their procurement or commercial colleagues, who will then help manage the assessment and mitigation process.