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The Procurement Act 2023 (the Act) introduces a range of reforms aimed at simplifying and enhancing transparency in the procurement process, which should be good news for suppliers. In Part 1 of our FAQs for suppliers , we covered key changes to the procurement process and what suppliers can do to get ready for the Procurement Act.
Affecting around 4000 public buyers, the decree defines procurement as ‘green’ if it uses green criteria, recognized certificates, ecolabels or environmental management systems for no less than 50% of total procurement value. The way we think about technology is that it has to help public buyers and suppliers conduct business easier.
In this guide we offer practical insights into using frameworks under the new Procurement Act (the Act) and highlight some of the important changes introduced by the Act. However, there are some important legal and commercial considerations to ensure compliance with the correct process. Can you direct award a framework?
Exclusions - The rule on excluding suppliers is one of the most significant areas of reform with the introduction of the debarment list and widened grounds for exclusion. Contract Award Notices and Standstill - The mandatory standstill period is changing under the Act, from 10 calendar days to 8 working days.
Where AI is likely to be used in the delivery of a service, commercial teams may wish to require suppliers to declare this, and provide further details. It recognises that there ‘are potential benefits to suppliers using AI to develop their bids, enabling them to bid for a greater number of public contracts.
The two points I will discuss are: Fair trade requirements to products cannot be part of technical specifications but are conditions relating to the performance of the contract; Fair trade criteria can be used as awardcriteria for public supply contracts. Technical specifications or contract performance conditions?
They are also working on tools to help contracting authorities to analyze their own data, for example, to monitor the average lead time of their tenders, or decide which awardcriteria to use when preparing a tender. In total, more than 131,000 tenders are published. It is so easy to make a wrong interpretation of the data.
When choosing a model, it’s important to understand its training data. Regulators can better promote green procurement by sharing guidance in simpler language that can more readily be reused in procurement notices (and understood by potential suppliers). At present, the low adoption of green criteria is the main barrier.
Advocacy campaigns have contributed to important changes to procurement laws and practices, for example, encouraging compliance with competition rules, allowing civil society to file complaints about procurement for the first time, and increasing disclosure of quasi-governmental sector procurement data.
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