Cabinet Office issues second part of consultation on secondary legislation to implement Procurement Bill, with focus on transparency
The Cabinet Office has launched the second part of its technical consultation on the secondary legislation required to implement the new public procurement regime established by the Procurement Bill.
The second part of the consultation, which can be viewed here, focuses on the transparency provisions and notices that will be used by contracting authorities to fulfil their legal requirements under the Bill.
These notices are as follows:
- Pipeline Notice
- Planned Procurement Notice
- Preliminary Market Engagement Notice
- Tender Notice
- Utilities Dynamic Market/Dynamic Market Notice, including Qualifying Utilities Dynamic Market Notice
- Transparency Notice
- Procurement Termination Notice
- Contract Award Notice
- Contract Details Notice
- Payments Compliance Notice
- Contract Performance Notice
- Contract Change Notice
- Contract Termination Notice
In addition, the part 2 consultation covers the organisations covered by the term ‘defence authority’ used in the Bill and a number of other matters that feature in the draft Statutory Instrument (SI) which relate to transparency. These other matters are:
- Central Digital Platform
- Central Digital Platform: Supplier Information (which will enable suppliers to submit core information once only)
- Identifiers (the unique identifiers for organisations, procedures and notices that the digital platform requires to operate effectively)
- Assessment Summary
The consultation also seeks views on the proposed use of a power in the Bill which would exempt private utilities from the requirement to publish a preliminary market engagement notice.
It also includes information on the proposed approach to transitional arrangements for procurements already underway at the time that the new regime enters into force and the position on other legislation that will need to be amended in order for the full provisions of the Bill to take effect.
This second part of the consultation will close at 11:45pm on 25 August 2023.
Part 1 of the consultation refers predominantly to areas of the Bill which require lists, calculations or further definitions to be used in practice, is already underway and will close at 11:45pm on 28 July 2023. It can be viewed here.
