Procurement Act 2023
What this means for your business
- Enforced by
- ECJU, Home Office, SIA
- Applies to
- United Kingdom
- On this page
- 3 compliance obligations, 5 practical guides across 3 topics
What you must do
3 compliance obligations under this legislation.
Management duties 1
Start procurement claims within the required time limits
If you are a supplier to a public contract, you must begin any legal action about that contract promptly. For a set‑aside claim you have to start it within 30 days of when you first knew (or should have known) of the issue and no later than six months after the contract was signed. For any other claim you must start it within 30 days of becoming aware of the problem. The court can only extend these limits for good reason and never beyond the maximum periods.
Other requirements 1
Provide accurate information and avoid improper conduct in public procurement
If your business bids for a public contract, you must give the contracting authority any information it asks for, and that information must be complete, correct and not misleading. You also must keep any confidential data confidential and must not try to unduly influence the authority’s decision. Failing to do so can lead to your company being excluded from the tender.
Reporting and filing 1
Provide requested documents and assistance to the appropriate authority
If a public contracting authority receives a notice from the appropriate authority asking for information to investigate a supplier’s exclusion status, you must supply the requested documents and any other reasonable assistance within the time‑limit set in that notice. Failure to do so can hinder the investigation.
Practical guidance
Our guides explain how to comply with the requirements above.
Become a MOD Supplier
How to register on MOD procurement portals, meet security and quality requirements, and bid for defence contracts.
Win public sector contracts
Join framework agreements and approved supplier lists
Prepare a winning tender response
Late payment: your rights as a business
Claim statutory interest and debt recovery costs when business customers pay invoices late. Covers the Late Payment of Commercial Debts …
Sections and provisions
148 classified provisions from this legislation.
Duties 15
- s.11 Covered procurement only in accordance with this Act
- s.12 Covered procurement: objectives
- s.18 Duty to consider lots
- s.20 Competitive tendering procedures A contracting authority
- s.27 Excluding suppliers from a competitive flexible procedure
- s.28 Excluding suppliers by reference to sub-contractors
- s.30 Excluding suppliers for improper behaviour
- s.37 Dynamic markets: removing members from the market
- s.60 Investigations of supplier: exclusion grounds A contracting authority
- s.67 Electronic invoicing: implied term electronic invoice issued
- s.76 Voluntary standstill period on the modification of contracts
- s.81 Conflicts of interest: duty to identify
- s.106 Time limits on claims
- s.108 Procurement investigations The relevant contracting authority
- s.109 Recommendations following procurement investigations A section 109 recommendation
Powers 21
- s.15 Planned procurement notices
- s.16 Preliminary market engagement
- s.24 Refining award criteria
- s.25 Sub-contracting specifications
- s.31 Modifying a section 19 procurement
- s.36 Dynamic markets: membership
- s.41 Direct award in special cases
- s.42 Direct award to protect life, etc
- s.43 Switching to direct award
- s.64 Debarment list: application for removal
- s.83F Power of Scottish Ministers to amend this Part
- s.83D Code of practice on relevant outsourcing contracts
- s.91 Treaty state suppliers: non-discrimination in Scotland
- s.92 Trade disputes
- s.95 Notices, documents and information: regulations and online system
- s.97 Information relating to a procurement
- s.102 Interim remedies
- s.103 Pre-contractual remedies
- s.110 Guidance following procurement investigations
- s.121 Power to amend this Act in relation to private utilities
- ... and 1 more powers
Definitions 38
- s.1 Procurement and covered procurement
- s.3 Public contracts
- Schedule 5 Direct award justifications novel goods or services existing goods, services or works existing supplier
- s.6 Utilities contracts
- s.7 Defence and security contracts
- s.8 Concession contracts
- s.9 Light touch contracts
- s.19 Award of public contracts following a competitive tendering procedure
- s.22 Conditions of participation
- s.23 Award criteria
- s.26 Excluding suppliers from a competitive award
- s.35 Dynamic markets: establishment
- s.54 Time limits
- s.57 Meaning of excluded and excludable supplier
- s.61 Investigations under section 60: reports
- s.62 Debarment list
- s.63 Debarment decisions: interim relief
- s.65 Debarment decisions: appeals
- s.82 Conflicts of interest: duty to mitigate
- s.83A Application of this Part
- ... and 18 more definitions
Exemptions 50
- s.2 Contracting authorities
- Schedule 3 Estimating the value of a contract
- s.4 Valuation of contracts
- s.5 Mixed procurement: above and below threshold
- s.10 Mixed procurement: special regime contracts
- s.13 The national procurement policy statement
- s.14 The Wales procurement policy statement
- s.17 Preliminary market engagement notices
- s.21 Tender notices and associated tender documents
- s.32 Reserving contracts to supported employment providers
- s.33 Reserving contracts to public service mutuals
- s.34 Competitive award by reference to dynamic markets
- s.39 Dynamic market notices
- s.40 Qualifying utilities dynamic market notices: no duty to publish a tender notice
- s.44 Transparency notices
- s.45 Frameworks
- s.46 Frameworks: competitive selection process
- s.47 Frameworks: maximum term
- s.50 Contract award notices and assessment summaries
- s.51 Standstill periods on the award of contracts
- ... and 30 more exemptions