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Understanding the Procurement Act 2023: Key Changes in Public Procurement

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The Procurement Act 2023, effective from February 24, 2025, marks a significant transformation in the public procurement landscape across Northern Ireland and the UK. This legislation introduces comprehensive reforms aimed at modernizing and streamlining procurement processes.​

Overview of the Procurement Act 2023

The Act replaces previous procurement regulations, introducing new procedures and terminologies to enhance efficiency and transparency in public sector contracting. It applies to all procurements initiated on or after its commencement date.

Key Changes Introduced

  1. Updated Terminology and Procedures: The Act introduces new terms and procedures, such as “tender notice” replacing “contract notice” and the adoption of the “competitive flexible procedure” over previous methods like “restricted” or “competitive dialogue.”
  2. Mandatory Key Performance Indicators (KPIs): Contracts now require the inclusion of at least three KPIs to monitor and ensure performance standards are met. ​
  3. Central Digital Platform: A new central digital platform has been established to publish procurement notices and documents, enhancing accessibility and transparency.
  4. Revised Exclusion Grounds: The Act delineates between “excluded” and “excludable” suppliers, providing clearer guidelines on grounds for exclusion from procurement processes. ​

Implications for Contracting Authorities and Suppliers

The implementation of the Act necessitates updates to existing procurement documents to align with the new regime. Contracting authorities must familiarize themselves with the revised procedures and ensure compliance. Suppliers should understand the changes to effectively participate in public tenders.

Conclusion

The Procurement Act 2023 represents a pivotal shift in Irish public procurement, aiming to modernize and improve the efficiency of public sector contracting. Stakeholders are encouraged to thoroughly review the Act and adapt their practices accordingly to navigate the new procurement landscape successfully.

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