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How will the Procurement Act 2023 affect NHS and other public sector tenders?

NHS procurement

The Procurement Bill received Royal Assent on 26th October and is now known as the Procurement Act 2023 and is likely to come into force in 2024.

But what exactly is it? And what does it mean for NHS and public sector contract tenders?

What is the Procurement Act?

The new Procurement Act aims to reshape the way public sector contracts, including those in healthcare, are awarded. The overarching goal is to streamline processes, increase transparency, and promote fair competition among suppliers.

It is expected that further guidance will be released in March 2024, with a view to the Act ‘going live’ in October 2024.


What will change?

It is likely that any tender processes that have started before the Act comes into effect won’t be affected. Although, there is a question at the moment whether or not this includes Prior Information Notices (PINs) as these are information-only notices and are not actively inviting organisations to tender for a contract and, therefore, have not officially started the procurement process.

Between now and October 2024, legislation needs to be drafted and guidance will be published during the course of 2024. A six-month notice period will also implemented to allow suppliers, local authorities and other commissioners ample opportunity to prepare and embed any new or improved internal processes before the Act becomes law.

How will the Procurement Act change NHS tenders?

The Procurement Act 2023 will replace current procurement rules in relation to NHS and health and social care contracts.

According to the gov.uk website, ‘the new Procurement Act will benefit suppliers of all sizes, particularly start-ups, scale-ups and small businesses’ by creating ‘a central digital platform for suppliers to register and store their details so that they can be used for multiple bids, and see all opportunities in one place. Simplified bidding processes will make it easier to bid, negotiate and work in partnership with the public sector’.

It is also hoped that commercial frameworks will be more flexible and accessible and it will remove some of the bureaucratic barriers currently in place that prevents smaller businesses from competing for contracts. Prompt payment in public sector supply chains has also been cited as a benefit of the new system.

What next?

The Procurement Act 2023 is a significant change to the process of bidding for and winning public sector contracts and we will continue to educate ourselves as this moves forward.

In fact, on Wednesday 22nd November, we attended the Procurement Reform Supplier Conference in Manchester which covered the forthcoming changes at length with speakers from the Cabinet Office and PASS Procurement.

One key thing we took away from this conference that people need to prepare for these changes now or face not making supplier lists.

Other key, recurring themes were the importance of demonstrating sustainability and social value in tender bids. These are likely to be of great significance to commissioners going forward so we would urge potential suppliers to carefully think about what they are doing in these areas and how can they do more and demonstrate their activities in 2024 and beyond.

If you are looking to win more public sector contracts through tenders, or are worried about the impact The Procurement Act 2023 could have on your ability to win lucrative contracts in the future, contact us on 0330 1331 041 or info@klowconsulting.com.

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Can you deliver on the promises made in your tender bid?

tender contract win

In our last three blogs, we have written about the first three phases of our ‘Four Phase approach’ to tender bids and the benefits of working through these phases to ensure a successful bid outcome.

Phase 1 looks at the importance of developing a contract strategy, which is followed by Phase 2 – Opportunity Analysis and then Phase 3 – Tender Writing and Management.

Our fourth and final phase looks at Implementation and Contract Management, which is essentially the mobilisation stage.

What is meant by mobilisation?


Once you have demonstrated to a commissioner that you have the resources, skills and expertise or perfect product to deliver the contract, you need to deliver the goods, so to speak.

Efficient mobilisation and implementation of your organisation’s services is critical to fulfilling the requirements of the tender and contract.

You need to get the contract ‘up and running’ smoothly, ensuring an easy and enjoyable customer journey for the organisation awarding the contract and any service or product users. You also need to meet any expectations and targets or KPIs (Key Performance Indicators) from day one and keep checking on these regularly.

Processes and guidelines


One way to ensure that everything works as intended and meets client expectations is to create processes. And, if you already have processes in place, break these down and scrutinise them before you are due to start delivering the contract. Can these be simplified or improved in any way? Does everyone in the process know EXACTLY what they need to be doing? Do they have all the equipment, budget and resources they need to be able to deliver the best possible service?

Here at K Low Consulting, we work with our clients to do just this.

As part of our bid management process, we design and develop a Mobilisation and Implementation Plan which provides clear guidelines and schedules and ensures everyone is working to the same specifications and expectations. And, we work with organisations to break down complex processes into manageable work streams with clear ownership of tasks.

Managing growth effectively


Many tender bids, if successful, ultimately result in growth for the business. Growth can sometimes mean that processes that used to work on a smaller scale aren’t as effective once you scale up. And, you can’t just ‘give things a try’ and then fix it if and when it all goes wrong. You need to manage any risk involved and plan ahead, looking for any potential problems as part of the tender bid process so these can be resolved before you are awarded the contract. Use the time between submission and contract award to test any processes and procedures.

Contract management support


We find that managing the delivery of a contract is sometimes easier as an ‘outsider looking in’. An impartial, extra pair of eyes and ears can be hugely beneficial.

Following submission and contract award, we provide ongoing support to our clients during this mobilisation process to ensure timely delivery, accurate reporting and that desired outcomes and targets are achieved.

By focussing on achieving successful outcomes and supporting the growth of your company, we are best placed to provide support to your team too. We can help them understand and implement new services and procedures and understand the benefits. We can also make sure there is accountability when needed to guarantee that the contract is managed and delivered effectively.

Our support is flexible and bespoke, but may include:

•              Summary of implementation plan and key stage gates

•              Handover of reporting documentation with clarification around what needs reporting and the evidence required

•              Summary of key commitments and commissioner options for breach of contract

•              Quarterly progress checks

•              Support with reporting completion

•              Internal performance report, highlighting risks

•              Case study production for marketing purposes

Winning a tender bid can be hugely exciting and grow your business substantially but it is important not to lose your head or assume you can deliver everything you have outlined because you simply believe in your team or product.

Take the time to look at HOW you will deliver this contract and if your processes are fit for purpose. Appoint someone to oversee the contract and hold everyone accountable and check that targets are being met – the commissioner, end user and your team will all thank you in the long run.

For more information or to discuss how we can work with your organisation to help you win and manage contracts, contact us today on 0330 1331 041 or info@klowconsulting.com.