New Procurement Act 23: Notices - further information

Modified on Tue, 28 Jan at 2:20 PM

Further Information on the Notices under the New Procurement Act 2023

Please see below for further information on the new Notices under the New Procurement Act 2023. All the information listed below has been taken from the legislation/ Government Support materials.

CA = Contracting/ Buying Authority
Standstill has changed to 8 working days

New Tender Notice	Information/ Guidance	Equivalence
UK1 Pipeline Notice* This will become a legislative requirement from April 25	Publish before the start of the financial year, to detail procurement plans for the following 18 months. Mandatory for CA expecting to spend more than £100m in the next FY. Only Procurements that are individually more than £2m need to go in the Notice. Exemptions: Private Utilities; Contract awarded by transferred Northern Ireland authorities	UK1Pipeline
UK2 Preliminary Market Engagement Notice	Publish to notify that the CA will carry out or have carried out preliminary market engagement for a procurement exercise. Mandatory where pre-market engagement is anticipated or has taken place (or, explain in the tender notice reason for not publishing) Exemptions: Private Utilities
UK3 Planned Procurement Notice	Optional and best practice Publish to state CA intention to publish a Tender Notice - with the aim to shorten the tendering period by providing enough information for suppliers to start prepping their bids. Will reduce the minimum tendering period to 10 days for an above-threshold contract if the market is given notice between 40 days to 1 year before the Tender Notice is published.	F01
UK4 Tender Notice	Mandatory Publish to notify that CA intend to award a contract via an open or competitive tendering procedure (including to establish a framework and awarding a contract under a dynamic market, or procuring a below-threshold contract) Exemptions: Qualifying utilities dynamic markets (existing members of the market may be invited directly)	F02
UK5 Transparency Notice	Publish to notify that CA intends to make a direct award for an above-threshold contract before publishing UK6 Contract Award Notice Minimum 8-day standstill Optional for Below-Threshold Mandatory when undertaking a direct award (publish prior to award) Exemptions: Direct Award (user choice contracts)	F15
UK6 Contract Award Notice	Mandatory Publish to notify that CA have decided to award an above-threshold contract. Must be done before entering into the contract (8 working days before if standstill applies) and after publishing a UK5 Transparency notice Also publish to notify that CA will not award a contract for a lot that was included in your tender notice if the submission deadline has passed. Must be done “as soon as reasonably practicable after making the decision”. Cannot be used to cancel all lots. If whole Procurement has been cancelled, must use UK12 Procurement Termination Notice Before entering into a Public Contract, CA must send Summary Assessments to all suppliers who submitted a tender (irrespective if they were successful or not). Optional for below-threshold Exemptions: Direct Award (User choice contracts); Defence and Security contracts awarded under a defence and security framework
UK7 Contract Details Notice	Mandatory Publish to notify that CA have signed/entered into a contract (above or below threshold) Publication must be within 30 days of entering into the contract (120 days for light touch contracts) if above threshold, or “as soon as reasonably practicable” below threshold. If the total procurement value is above threshold and more than £5million, the contract document (redacted) must be attached to the notice within 90 days of entering into the contract (or 180 for light touch) Exemptions: Private Utilities; Direct Award (User choice contracts); Contracts awarded by a devolved Welsh authority or transferred NI authority; Framework Contracts (exempt from KPIs); Light Touch (exempt from KPIs ); Concession Contracts (exempt from KPIs)	F03
UK8 Contract Payment Notice*	Mandatory For CA to publish details of individual payments over £30,000 made under a contract (quarterly) Exemptions: Utilities contracts awarded by a private utility; Concession contracts; Contracts awarded by a school; Contracts awarded by a transferred NI authority/ under a transferred NI procurement arrangement
UK9 Contract Performance Notice*	Mandatory to report: Annual KPI scores for public contracts valued £5m+ Poor supplier performance breach of contract (within 30 days of event) Exemptions: Private Utilities (both); Light Touch (both); Concession Contracts (KPI only)
UK10 Contract Change Notice	Mandatory Publish to notify that CA have decided to modify/change an above-threshold contract to ensure that the Contract can still be fulfilled. Copy of modified contract for public contracts over £5m Exemptions: Defence and security contracts; Private Utilities; Light touch contracts; Contracts awarded by a transferred NI authority procurement arrangement; Contracts awarded by a devolved Welsh authority or under a devolved Welsh procurement arrangement (publishing modified contract only)	F20
UK11 Contract Termination Notice	Mandatory Publish to notify that a contract has ended, including when successfully completed or early termination. Exemption: Private Utilities; Direct Award (user choice contracts)
UK12 Procurement Termination Notice	Mandatory Publish to notify that an contract will not be signed (cancel procurement process) after publishing a UK4 tender notice or UK5 transparency notice. To be used when no contracts will be awarded of the Tender process. Must be done “as soon as reasonably practicable after making the decision” Exemption: Private utilities
UK13 Dynamic Market Intention Notice	Mandatory Publish to notify of intent to establish a dynamic market, before establishing it. Used to invite suppliers to submit bids for the relevant opportunities within the Dynamic Market. Exemption: a qualifying utilities dynamic notice must be provided to members of the market and is not required to be published
UK14 Dynamic Market Establishment Notice	Publish to notify that a Dynamic Market has been established by a CA and has been published “as soon as reasonably practicable” after establishing it. Suppliers can continue to apply to join and buyers can now run procurements using the market
UK15 Dynamic Market Modification Notice	Publish to notify that a Dynamic Market has been modified & published “as soon as reasonably practicable” after modifying it. Suppliers can continue to apply to join in external system, and buyers can continue to run procurements using the market
UK16 Dynamic Market Cessation Notice	Publish to notify that a Dynamic Market has ceased to operate & published “as soon as reasonably practicable” after that happens. Suppliers can’t apply to join any more, and buyers can’t run procurements using the market Exemption: Private utilities are not required to update the dynamic market notice when the market ceases to operate
UK17 Payment Compliance Notice*	Mandatory For CA to publish details of performance against 30-day payment terms. Publish every 6 months. Exemption: Private Utilities; Concession contracts; Contracts awarded by a transferred NI Authority; Contracts awarded by a school

*These Notices will not be available on 24th February 2025 as CCS plans for these notices to be in effect until Summer 2026. This is subject to CCS timings.

The UK1 Pipeline Notice will become a legislative requirement from April 25. CCS will be providing technical documentation for this notice in late January 2025. We will confirm when this is ready on the LIVE site accordingly.

Please see below for Guidance on the New Procurement Act 2023 & the Notices