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Welcome to the March 2024 edition of Procurement in Profile. 

In this Spring edition of Procurement in Profile, we continue to gear up towards the implementation of procurement reform later in the year. The Procurement Act 2023 (the "Act") received Royal Assent on 26 October 2023 and is expected to "go live" in the Autumn of 2024.

The clock is definitely ticking and, while we await the publication (expected any day now) of further Regulations and Guidance that will put flesh on the bones of the Act, we have been busy preparing a host of resources to ensure Contracting Authorities are ready for the new regime. Our articles, webinars, Essential Guide, Jargon Buster and Flowcharts provide insight from high-level to deep-dives – giving you everything you need to be prepared.

In the meantime, procurement practice under the current regime continues to develop. This month's edition also includes our regular Procurement Update Webinar, our views on the first Procurement Policy Note of the year (on carbon reduction contracts) and a three-part article series on Procurement Fraud. 

As the days lengthen, the conference season gets into full flow. We will be out and about discussing all aspects of procurement in the coming months. Our confirmed speaking engagement are listed below – please do join us!

From all of us in the Trowers & Hamlins procurement team we wish you a Happy Easter. We hope you enjoy the bank holiday and come back ready for what is turning out to be a massive year for the procurement world!

List of Articles

Preparations for the new Procurement Act 2023

The Procurement Act 2023 received Royal Assent on 26 October 2023: Partner and Head of Public Procurement, Rebecca Rees, provides a run-down of essential steps needed to get ready.

Essential Guide to the Procurement Act 2023

Our detailed guide to the Procurement Act 2023 provides an overview of the key changes to the procurement landscape – vital reading as we await further secondary legislation and guidance.

Procurement Act 2023 – Notices flowchart

This flowchart explains in plain language the requirements in relation to notices under the Procurement Act 2023, setting out where a contracting authority may be expected and/or required to publish notices in relation to procurement activity.

Procurement Act 2023 – Jargon buster

Our jargon buster sets out some of the key terms under the Procurement Act 2023, what they were referred to under the Public Contracts Regulations 2015, and in plain language what they are.

PPN 01/24 Carbon Reduction Contract Schedule

Andrea Leigh looks at PPN 01/24 which introduces an optional standard carbon reduction contract schedule that can be included in public sector contracts.

Braceurself Limited v NHS England [2024] EWCA Civ 39

The Court of Appeal has handed down judgment in the appeal of Braceurself Ltd v NHS England [2022] EWHC 1532 (TCC), upholding the first instance decision of the High Court that whilst NHS England (the NHS) had committed a manifest error of assessment in evaluating Braceurself Limited's (Braceurself) responses, that the error was not sufficiently serious to warrant an award of damages.

Procurement fraud series 

Liz Mulley's three-part article series looks at extent to which the public sector is exposed to fraud and corruption and how to deal with it.

Recent webinars

Webinar: Procurement Act 2023 – 10 things you need to know!

Rebecca Rees and Lucy James explain the fundamentals of the Procurement Act 2023 and how to get ready.

Webinar: Procurement Update

In our regular procurement update webinar, Charlotte Clayson, Stuart Brown and Louis Sebastian explain recent developments in case law and guidance, and look ahead to what the Procurement Act 2023 has in store.

Procurement on Demand

Our series of bite-sized webinars continues – looking in detail at specific aspects of the Procurement Act 2023.