Welcome to our latest edition of Procurement in Profile. We are now a little over three months into the Procurement Act 2023 and our team have been busy helping clients launch their first procurements under the new regime, including assisting with designing competitive flexible procedures for key procurements. The team has also been out and about at various events, so please do say hello if you see us at any upcoming conferences.
This edition includes a number of resources to keep you fully informed on procurement updates, including a look at the EU AI model contractual clauses, the BSI's publication of PAS 8700 on the standardisation of Modern Methods of Construction, as well as a look at the recent judgment in Optima Health and what that might mean in practice for procurement professionals.
As the public sector gets to grips with the Procurement Act, we have seen an increase in queries arising in relation to the transparency obligations under the Act, with a recent focus being on the publication of Pipeline Notices. We have therefore set out in some more detail the issues to bear in mind when preparing and publishing a Pipeline Notice in accordance with the Act (including who is covered, what needs to be covered, and what needs to be published in practice). We have also set out some suggestions as to record keeping more generally under the Act, and what contracting authorities should be thinking about now when starting new procurements (but please don't forget your Regulation 84 Reports for existing procurements under the PCR just yet!).
If you have any questions around the issues that we have covered in this edition, then please do get in touch with one of the procurement team who will be happy to discuss further.
Procurement in Profile summer 2025
Court of Appeal's decision in Optima v DWP: excluding and clarifying non-compliant bids
In this article, Senior Associate Ellie O'Sullivan explains the Court of Appeal's decision in the claim brought by Optima v DWP and the practical implications faced.
Guide to record-keeping obligations under Section 98 of the Procurement Act 2023
In this article, Partner Louis Sebastian and Associate Tayler-Mae Porter, discuss what contracting authorites should be aware of, regarding record-keeping requirements under the PA23.
Procurement Act 2023: Pipeline Notices - what do contracting authorities need to know?
Partner Rebecca Rees and Trainee Solicitor Matt Jacobs, discuss the changes introduced since the Procurement Act 2023 came into effect on 23 February 2025, contracting authorities must now publish Pipeline Notices to meet new transparency requirements.
Update on the publication of the BSI's PAS 8700 standardisation of modern methods of construction
In this article, Partner Katie Saunders and Trainee Solicitor Greg Barton discuss the update on the publication of the BSI's PAS 8700 standardisation and its requirements for Design for Manufacture and Assembly and MMC in new build residential properties.
The EU AI model contractual clauses: a comprehensive overview for UK legal practitioners
In this article, Partner Amardeep Gill and Senior Associate Matt Whelan discuss the sudden usage of AI in public and private sectors which has prompted a pressing need for robust frameworks to govern its procurement and deployment.
Podcast: Procurement Summer 2025
Partner Rebecca Rees speaks to Jeremy Brim, Host at the Red Review podcast, about the New Procurement Act's implementation, its first 60 days and where it might go from here.
Procurex National in Liverpool
Partner Amardeep Gill has joined a panel session at Procurex National to address the potential pitfalls and the benefits of using AI to streamline procurement processes.
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