Welcome to the May 2023 edition of Procurement in Profile.
Editors' note
In this edition, we consider recent policy developments including updates to the PPN re. Procuring steel in major government contracts, and updated guidance on addressing modern slavery in public sector supply chains. We also revisit previous government guidance on how to identify and tackle corruption and collusion in public sector rendering opportunities in the light of the recent CMA findings of collusion and bid-rigging by major construction firms.
In the meantime, the Procurement Bill continues to work its way through Parliament, with the Report Stage due to commence imminently (in its most recent Transforming Public Procurement update, the Cabinet Office indicated that they are expecting this to commence in May, but at the date of writing this has still not been confirmed on the Procurement Bill webpage).
We will continue to update on progress of the Bill as and when more information becomes available!
List of articles:
Procurement policy note 04/23: Procuring steel in government contracts
On 13 February 2023, the Cabinet Office published a new Procurement Policy Note dealing with modern slavery in Government supply chains. Procurement Policy Note 02/23 (the PPN) looks at how contracting authorities can tackle the issue of modern slavery in their supply chains.
Data in procurement – nothing personal?
Data protection is all-pervasive, and the world of procurement is no exception. Sharing data with bidders during a procurement exercise adds value – but any such data sharing, to the extent that it concerns personal data, also needs to comply with data protection legislation.
Identifying collusion and bid-rigging in public sector tendering
Following its investigation into bid-rigging and collusion on pricing in competitive tendering procedures, the Competition and Markets Authority has issued fines totalling nearly £60 million to ten UK-based construction firms. The contracts in question related to both public and private sector opportunities for demolition works and asbestos removal.
Procurement Policy Note 02/23 – Tackling Modern Slavery in Government Supply Chains
On 13 February 2023, the Cabinet Office published a new Procurement Policy Note dealing with modern slavery in Government supply chains. Procurement Policy Note 02/23 (the PPN) looks at how contracting authorities can tackle the issue of modern slavery in their supply chains. Cabinet Office has also published a guidance note to accompany the PPN.
Transparency in public contracts v commercial prejudice – how to strike the balance?
With organisations across all sectors getting ready for the implementation of the Procurement Bill, the focus on transparency and the publication of a range of mandatory notices is a key issue to look out for, for example the requirement to publish reports on supplier performance (clause 71).
