Procurement Act 2023: six months on, what’s really changed?

The state of play: a market in transition

It’s worth remembering that changes from previous overhauls - like the 2015 introduction of Contracts Finder and below-threshold tenders, and even earlier shifts in 2006 - felt just as new and disruptive at the time, but are now part of everyday practice. From Cabinet Office guidance to insights from procurement intelligence and market insight platforms like Tracker Intelligence, Stotles, and Contracts Advance, the message is clear: the benefits of PA2023 will take time to bed in.

According to Stotles data, we’ve seen a 20% drop in published tender volumes since February, as buyers worked through a pre-PA2023 rush and early transition challenges. At the same time, pre-tender activity is up, meaning more notices, more early engagement events, and more opportunities to shape requirements before the ITT ever lands. This mirrors Cabinet Office data shared by Lindsay Maguire, Deputy Director for Procurement Reform Implementation at the Cabinet Office: in the first few months, there were already more than 1,200 pre-market engagement notices published, alongside comprehensive pipelines and forward-looking notices.

That’s a huge positive already - but not without some knock-on effects. It means suppliers must keep their fingers on the pulse and engage in the buying cycle much earlier if they want to influence outcomes. Not an easy task, especially when the available data isn’t always straightforward. The enhanced Find a Tender Service now acting as the Central Digital Platform (CDP) is still being phased in and largely manual, and there are still other systems still in use. As a result there are publishing delays, and the data is patchy enough that it’s hard to get the full picture. It’s there if you know where to look, but it takes effort to make sense of it (I hear open-data dashboards are on the way!).

For buyers, as I’ve learnt, you need to start thinking about what you want earlier, and bring in senior decision-makers early too, because shaping requirements now happens well before procurement starts. It also means engaging with suppliers early and making sure this engagement is worthwhile for both sides.

But a bigger challenge is surfacing: falling back on old habits and defaulting to old ways of working, rather than taking advantage of the Act’s flexibilities. As Lindsay Maguire put it in a recent podcast, the Act gives buyers more flexibility and suppliers more opportunity, but realising those benefits needs a cultural shift over and above the legislative changes.

For example, without a culture change, barriers for SMEs will persist. Despite the Act’s aim to make participation easier, smaller suppliers are still pressured by short deadlines, long processes, tick-box exercises, and expectations that exclude them from competing. It’s clear that, as Lindsay also points out, old barriers still need tackling in practice.

Voices from the field: buyer and supplier perspectives

That’s the data and policy view. But what does it look like on the ground? Running a procurement under the new rules, or trying to win work in this changing environment? I’ve had a chance to hear first-hand.

For buyers, having one set of rules is a big win. If you’ve worked in utility, defence, concessions, or local authority, you don’t have to learn a completely new way of doing things. The Cabinet Office has created a lot of resources - manuals, templates, YouTube videos, and training courses. It does take time to put it all into practice, especially when your team is small. For example, new, more detailed feedback templates mean evaluators need training to capture the right information. The changes are reaching far beyond procurement teams, and involve embedding the learning across departments.

The transparency rules and contract performance requirements are a good thing. But they come with their own challenges, including the practical application, especially since there are dual rules right now with some procurement running in line with old regulations (think frameworks and contracts established before February 2025). The improved transparency offers more ways to hold underperforming suppliers to account and this is a positive outcome. It helps buyers to use the power to make sure suppliers fulfill their obligations. The procurement cycle is now shifting into a commercial cycle, changing how contracts are approached and bringing supplier relationship management and contract KPIs management together.

One thing that cannot be overlooked is the breath of fresh air - there’s new thinking and focus on innovation, which should lead to better solutions.

For suppliers, preparation for PA2023 has varied a lot. Some larger organisations were in the loop early, involved in shaping the Act: “We knew what was coming, we’d done the research, we’d briefed our teams on the key risks and requirements, like debarment and social value KPIs.” Others are still finding their feet or are yet to see any major changes.

One of the biggest shifts noticed is the rise in the shortlisting stage, which is encouraged under the competitive flexible procedure through the use of a Procurement Specific Questionnaire (PSQ). It mirrors the old Standard Selection Questionnaire (SQ) with standard organisation questions and credentials, but also includes specific technical questions. Here, the criteria are often pass/fail but other weightings and measures used to sift through suppliers are not always clear. You might not even make it to the full tender.

There’s also heavy reliance on frameworks, presumably because buyers are leaning on them as they’re safe, especially if they’re not sure how to use the new flexibilities. Good news is that we’re moving away from stagnant, long-closed frameworks in favour of open frameworks that can be reopened throughout their lifecycle.

The biggest challenge, though, is inconsistency. Some contracting authorities run a clear-cut process. With others, you can tell they’ve layered their own way of doing things over the CCS and Cabinet Office guidance. It changes from tender to tender, and you never quite know what to expect.

Lessons and top tips

So, what can we take from all this?

A couple of months ago, I had the pleasure of listening to Kieran McGaughey’s talk on what to do now PA2023 is live at the Procurex England 2025. It offered some practical advice to help organisations apply the new rules. Here are the top tips, whether you’re buying or bidding.

If you’re a buyer:

1. Keep better records!

This is one of the Act’s biggest shifts. You now must keep full audit trails, from value-for-money decisions to social impact evidence and supplier feedback. Set up templates so this happens consistently across projects.

2. Get your house in order

Have someone in the business - a contracts manager, a project lead - who knows the notices, the rules, and the timelines. Make sure your ITT rules, policies, and templates are updated and ready now, not when you’re in the middle of a live procurement.

3. Decide how you’ll use the new flexibility

The Act gives you more choice, from Open Procedure and Competitive Flexible Procedure to Open Frameworks and Dynamic Markets, but only if you’re deliberate about it. Don’t just stick to what you know. Do you really need all the stages? Talk to colleagues about what’s worked for them. Talk to the suppliers about what would work for them.

4. Build pre-market engagement into your process

Early engagement is not just a ‘nice to have’, it’s essential for shaping better outcomes. Start involving senior stakeholders sooner, so conversations with suppliers happen at the right time and with the right people in the room, so you can get the insights you need.

5. Focus on proportionality

Avoid imposing criteria that are disproportionate to the contract value. Overly complex processes, unnecessary certificates, or unrealistic KPIs risk shutting out great suppliers, especially SMEs and the fresh thinking they bring to the table.

If you’re a supplier:

1. Watch for initial sift

Treat the Procurement Specific Questionnaires (PSQs) seriously. They may look short and RfI-like, but they’re still a sift. If you don’t do well here, you’ll never make it to the full tender.

2. Expect inconsistency and plan for it

Maturity levels vary across contracting authorities. Remember that your clients are still transitioning and learning. Build in time and flexibility to adapt to different approaches.

3. Use the data to your advantage and get in earlier

Monitor early buying signals like pipeline notices, strategy papers, and expiring contracts. Build relationships before tenders are live - the data is there, but it’s up to you to make sense of it. With pre-market engagement on the rise, your window to influence requirements is before the ITT is published. Use those early opportunities to talk to decision-makers.

4. Go beyond broad social value promises

It’s not enough to be generic. Buyers will expect you to commit to clear, specific KPIs, and they’ll measure your performance against them throughout the contract. Be realistic about what you can deliver, track it from day one, and evidence it along the way.

5. Keep learning the new rules

Even six months in, the Act is still being implemented. Stay on top of Cabinet Office updates, CCS webinars, and buyer training materials so you know what’s changing and can adjust accordingly.

PA2023 is here to stay, but its success depends on more than just legislation. The next six months will be about turning early adoption into confident, consistent practice, and that means buyers and suppliers moving forward together.