With the go live date of 28 October 2024 for the new Procurement Act 2023 (the Act) fast approaching, which legislation will apply to your procurement if it commences on or around the go live date, or if it continues past the go live date?
As to whether the procurement will be regulated by the current Public Contracts Regulations 2015 (PCR 2015) or the new Act, procurements that “commenced” before 28 October 2024 will continue to be regulated by the PCR 2015 until all contracts awarded under them have ceased to exist (this includes any modifications to these contracts). Conversely, procurements “commenced” on or after 28 October 2024 will be regulated by the Act only.
For these purposes, “commenced” will usually mean the publication of a contract notice or VEAT notice, but if the procurement is using regulation 32 of the PCR 2015 to make a direct award without notice/competition, the “commencement” of the process for these purposes will be the date that the authority contacts a supplier with the intention of making a direct regulation 32 award.
UK Government has released guidance to confirm that the publication of a PIN under the PCR 2015 will not amount to “commencement” (unless it was used as a call for competition – which it has not been possible to do since 26 March 2023). If you want the procurement to be regulated by the PCR 2015 and not the Act, you will therefore need to ensure that you publish a contract notice or VEAT notice in respect of the procurement before 28 October 2024.
