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Welcome to our Autumn edition of Procurement in Profile. We are now more than six months into the new regime brought in by the Procurement Act 2023. Many contracting authorities have now issued their first procurements in this new landscape and our team has been guiding them on their way. This edition takes a moment to reflect on the immediate queries and pinch-points that we have encountered as the statutory provisions have collided with reality.

We take a closer look at how contracting authorities are using pre-market engagement to create procurement processes that are more appealing to SMEs. We also cover some of the new regimes quirks, looking at: switching from a competitive tendering procedure to a direct award under section 43; and limits on mandatory insurance requirements when appointing suppliers to frameworks. And we bring you right up to date with an article on Payment Compliance Notices – which became mandatory on 1 October 2025.

As the nights draw in, the conference season continues in full flow. We will be out and about discussing all aspects of procurement in the coming months. Our confirmed engagements are listed below – please do join us!

Meet Jade Divers, our new associate in the public procurement team:

1. Tell us a bit about your role – what will you be working on in procurement?

"As a public procurement associate I will be supporting the firm's clients on how to navigate the new Procurement Act 2023, as well as any contracts or procurements continuing under the old regime. Every day is different. One day I might be reviewing procurement documentation ahead of an upcoming procurement procedure for a client, and another advising on potential lawful grounds for a direct award. Since joining I have already helped clients develop standard procurement templates, assess their procurement policies, and attended competitive dialogue sessions for a live procedure. I have also had the pleasure of meeting many of our clients and delivering training on the new procurement regime. Procurement is a really exciting area to be working in at the moment, and I am looking forward to further supporting the firm's clients to maximise the opportunities the new regime presents."

2. What drew you to join the procurement team/ the firm?

"Having a young family, the firm's culture and values was a big draw. However, the other major factor was the firm's fantastic reputation in procurement and public sector work. I love a challenge and the breadth of work the firm does really excited me."

3. What’s your professional background – where were you before this?

"My professional background is slightly unconventional. I originally qualified into a Corporate law team, but then joined central government as an inhouse lawyer and reskilled to specialise in commercial and public procurement law. It was the best decision, as I discovered an area of law I am really passionate about."

4. What’s something you’re excited to bring to the team?

"I am excited to share my perspective and experiences of advising in an inhouse role. I think inhouse you get to really see how the law you advise on is practically applied and, in particular, how it impacts operational decisions day-to-day."

5. What’s one thing you’re looking forward to learning in your new role?

"It is hard to pinpoint one specific thing. I am just really looking forward to learning as much as possible from my colleagues."


Rebecca Rees

Partner, Head of Public Procurement

London

Rebecca Rees

Lucy James

Partner, Co-Head of Dispute Resolution

London

Lucy James

Procurement Week 2025 podcast series

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Essential Guide to the Procurement Act 2023

In our Essential Guide to the Procurement Act 2023, we have summarised the key concepts that have been brought forward by the Government into the new legislation.

Learn More Essential Guide to the Procurement Act 2023

Procurement Act 2023 – Notices flowchart

The notices flowchart explains in plain language the requirements in relation to notices under the new Act.

Learn More Procurement Act 2023 – Notices flowchart

The Procurement Act 2023 – Why we need a jargon buster

Our Procurement Act 2023 jargon buster sets out some of the key terms under the Procurement Act 2023.

Learn More The Procurement Act 2023 – Why we need a jargon buster

Managing Contracts - The Procurement Act 2023 and KPIs

Local Government Lawyer in association with Trowers & Hamlins - Partners Rebecca Rees and Amardeep Gill have been featured in Local Government Lawyer, where we have conducted a joint survey.

Learn More Managing Contracts - The Procurement Act 2023 and KPIs

Podcast with Simetrica - Jacobs

Partner Rebecca Rees was featured in the first episode of the podcast series titled 'Procurement After the Act'. She has unpacked what the act has changed in the practise and how the legal bodies can avoid legal risk while raising standards of delivery. The podcast will be out next week.

Learn More Podcast with Simetrica - Jacobs

Previous editions

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.

Partner Louis Sebastian and Associate Tayler-Mae Porter, discuss what contracting authorites should be aware of, regarding record-keeping requirements under the PA23.

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.

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.

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

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.

  • Procurement Act 2023 launch article - central digital platform

    On Monday 24 February 2024 an improved Find a Tender Service, known as the Central Digital Platform (CDP), was annouced. This platform serves as a hub for discovering public sector contract opportunities and submitting bids. In this article, Associate Jamie Norris explains the key role CDP plays in the PA 2023.

  • The Government publishes the new National Procurement Policy Statement

    In this article, Rebecca Rees discusses the new National Procurement Policy Statement (the NPPS) published by the Government. This new NPPS acknowledges the signifcant influence of Procurement in aligning the entire public-sector budget with its overarching missions, primarily by ensuring value for money while also mandating compliance from contracting authorities and their outsourced contracters.

Previous events and podcasts

To mark the launch of the Procurement Act 2023, the Trowers & Hamlins Public Procurement team hosted a series of podcasts featuring industry experts to discuss the implications of the Act.

Webinar: Procurement Act readiness - Top 10 tips

In this webinar, Lucy James and Rebecca Rees navigate the reforms, concentrate on the essentials and reinvigorate efforts to make the most out of the reforms in order to achieve good commercial outcomes through the procurement process.

On 24 February 2025, The Construction Leadership Council published its public sector procurement guidance on potential solutions to common evaluation issues faced by clients in the built environment sector. Rebecca Rees and Stuart Brown have been actively involved in drafting the guidance alongside industry experts. Rebecca Rees hosted a webinar on this topic alongside the key contributors from the publication.

Partner Louis Sebastian looks at the opportunities and challenges arising from the Extended Producer Responsibility regime that comes into force in April 2025. New funding, and new expectations on waste collection and disposal authorities will impact their procured waste contracts.

Rebecca Rees and Stuart Brown look through PA 23 with an eye on the new drafting that is needed to make contracts fit for purpose under the new regime…and it is more than just the new implied clauses.

Partners Scott Dorling and Louis Sebastian look at how the market for outsourced leisure service has reacted to changes in VAT treatment over the last 12 months, and how procurement processes are evolving to take advantage.

The PA 23 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.

Previous events and podcasts

Our Head of Public Procurement Dr Rebecca Rees and Alan Heron, Director of Procurement at Places for People discuss the topic of professionalism and integrity, why these characteristics are essential for good procurement officers and how this is being addressed in the new Procurement Act.

Rebecca Rees and Lucy James explain the fundamentals of the PA 23 and how to get ready.

Since our summer update we have seen further PA23 guidance released – including details of the much-vaunted Central Digital Platform – while the steady stream of lessons from case law continues to flow.

Partners Louis Sebastian and Amardeep Gill look at key legal and commercial issues as highways authorities look to procure Charge Point Operators to roll out Electric Vehicle Charging Infrastructure.

Partner Rebecca Rees provides an overview of the key provisions for finance teams contained in PA 23 (accompanied by John Wallace – Director of Procurement, Clarion Housing Group (the Cabinet Office's Housing Sector Single Point of Contact).

Partners Laura Welchew and Rebecca McGuirk look at Labour's manifesto pledges, and how procurement and outsourcing practices may change for the employees involved.

Stuart Brown and Trainee Solicitor Greg Barton discuss what guidance the Cabinet Office have released to assist contracting authorities with preparing for the implementation of the Act. 

Previous events

In our regular procurement update webinar, Charlotte ClaysonAndrea Leigh and Louis Sebastian explain recent developments in case law and guidance, and dive into the new Debarment and Exclusion regime under PA 23.

Our firm's series of Procurement on Demand insights will assist contracting authorities, bidders and practitioners alike in getting to grips with the key changes and issues that may arise as a result of the Procurement Act 2023 (the 2023 Act)

The Procurement Act 2023 received Royal Assent on 26 October 2023. As part of the upcoming changes, the Procurement Act 2023 introduces a new set of contract award procedures. In this webinar, we look at the key changes and summarise the steps that authorities and bidders alike should take to prepare.