The Procurement Act 2023: what it means for bidders

This article provides general information only. It is not legal advice. Suppliers should refer to official guidance and take advice on specific procurements.

The Procurement Act 2023 came into force on 24 February 2025. It replaced the previous regime, including the Public Contracts Regulations 2015, for procurements started on or after that date. Procurements begun under the old rules continue under them until they conclude.

For suppliers, the Act changes how opportunities are published, how bids are evaluated and how information is shared. This article summarises the points most relevant to bidders.

A single digital platform

The Act introduced the Central Digital Platform. Suppliers register once and hold core information about their organisation, such as ownership, financial details and information relevant to exclusion grounds.

Contracting authorities can then draw on this information rather than asking for it afresh in each procurement. Suppliers should keep their records accurate and up to date. Errors or out-of-date information can cause delays at critical points.

Most advantageous tender

Contracts are now awarded to the “most advantageous tender”, replacing the previous “most economically advantageous tender”. The change of wording is intended to give authorities more room to consider social value, quality and wider benefits alongside price.

For bidders, this reinforces the importance of reading the award criteria carefully. Responses should address each criterion directly and provide evidence, not general claims.

More flexible procedures

The Act reduces the number of procedures. Authorities can use an open procedure or a new competitive flexible procedure, which allows them to design a process suited to the contract.

A competitive flexible procedure might include several stages, such as an initial submission, negotiation, presentations or demonstrations. Each procurement may look different. Bidders should read the tender notice and associated documents closely and plan resources for every stage.

Greater transparency

The Act increases the number of notices published across the procurement lifecycle. These include pipeline notices for larger authorities, tender notices, contract award notices and notices relating to contract performance and changes.

This gives suppliers more visibility of upcoming opportunities. It also means that information about contract performance becomes more visible. Delivering well on current contracts matters more than ever.

Exclusions and the debarment list

The Act sets out mandatory and discretionary exclusion grounds. It also introduces a central debarment list, maintained by government, of suppliers that have been found to meet exclusion grounds following investigation.

Suppliers should understand the grounds and be ready to evidence any self-cleaning measures where relevant. Accurate declarations on the Central Digital Platform are essential.

Frameworks and dynamic markets

Frameworks continue under the Act, with some changes. Open frameworks allow new suppliers to join at set points during the framework’s life. Dynamic markets replace dynamic purchasing systems and allow suppliers to join at any time if they meet the conditions.

These arrangements can create more opportunities for suppliers that missed an initial window.

What bidders should do now

The fundamentals of good bidding have not changed. The Act does, however, reward organisations that prepare. Practical steps include:

• Register and maintain your information on the Central Digital Platform.
• Monitor pipeline and tender notices for target authorities.
• Build an evidence library covering quality, social value and past performance.
• Plan for multi-stage procedures, including presentations and negotiation.
• Review your contract management, as performance information becomes more visible.

How we can help

Netox Commercial provides bid writing and bid management for public and private sector tenders. We help suppliers understand tender requirements, structure compelling responses and manage bids to deadline. We also support procurement teams on the buying side with strategy, sourcing and contract management.