Having come into force on 24 February 2025, the Act heralds a comprehensive overhaul of procurement legislation, fundamentally reshaping how public contracts are awarded and managed.

This has major significance – perhaps more than many realise – given how procurement law shapes the delivery of vital public projects, from major infrastructure developments like roads, rail, and hospitals to essential services in healthcare, education, and local government.

As contracting authorities, utilities, and suppliers adjust to this new regime, the transition period presents both challenges and opportunities.

The flurry of procurement notices published on the ‘Find a Tender’ service in the days preceding the Act’s implementation underscores the desire among many contracting authorities to retain the certainty of familiar rules. Over 1,000 notices were published in the final two working days before the Act came into effect – more than three times the number for the equivalent period in 2024.

However, those who did not initiate their procurements before the 24 February cut-off must now navigate the new regulatory framework, with updated processes and legal concepts to consider. A key feature of the Act is the introduction of new terminology and procedural structures, reflecting a broader drive to simplify and modernise procurement processes.

The rebranding of procedures, such as the ‘competitive flexible procedure’ in place of more rigid legacy processes, signals a move towards greater flexibility. The revised approach to exclusion grounds, with suppliers now classified as ‘excluded’ or ‘excludable,’ provides contracting authorities with clearer guidance on supplier eligibility.

In tandem, the requirement to include at least three Key Performance Indicators in contracts reflects the Act’s emphasis on transparency and contract management.

The Act’s implementation is supported by the launch of a new central digital platform, an evolution of the Find a Tender service. This platform aims to enhance transparency and accessibility, making it easier for suppliers to identify opportunities and for contracting authorities to meet their disclosure obligations.

However, entities registered on the previous service must re-register and input their organisational details again – a necessary administrative step to ensure access to the new system.

In Northern Ireland, many contracting authorities use eTendersNI as the basis for their tendering competitions. While the underlying processes and functionality of eTendersNI will largely continue, suppliers will need to familiarise themselves with new forms of notice and provide certain identifiers from the central digital platform.

Transitional arrangements will provide some continuity. Procurements initiated before the Act’s commencement date, along with call-offs from existing frameworks or dynamic purchasing systems, will remain governed by the previous regime.

However, as new procurements are launched under the Act, the practical implications of its provisions will become clearer. Contracting authorities and suppliers alike will need to invest time in understanding the new rules and adapting their processes accordingly.

As with any significant legislative reform, the true impact of the Procurement Act 2023 will only become apparent as it is applied in practice. The courts will inevitably play a pivotal role in interpreting key provisions, clarifying the scope of the Act’s requirements, and resolving disputes.

This period of adjustment presents an opportunity to embrace the Act’s underlying principles of transparency, efficiency, and value for money.

Navigating this new landscape will require both diligence and adaptability. Contracting authorities must ensure their procurement documentation is updated to reflect the new regime, while suppliers should seek to understand how the changes may affect their participation in public tenders.

For those seeking to capitalise on the opportunities presented by the new legislation or grappling with its complexities, expert legal guidance will be invaluable.

Please note that this article sets out a high-level summary of the position and should not be relied upon as legal advice. Entities should seek their own legal advice on the consequences and implications for them.