The Procurement Act 2023 and what it means for SCAPE projects

What is the Procurement Act 2023?

The Procurement Act 2023 sets out the legal requirements for all public sector procurement. Covering construction, consultancy, infrastructure and utilities projects and programmes of work, the Act provides the detail of how these requirements should be applied within your procurement, and crucially, explains the criteria against which compliance will be measured.

After the 24^th February 2025, all public sector organisations will need to procure works in accordance with The Procurement Act 2023, to be compliant. They will also have to refer to the Procurement Regulations 2024, The National Procurement Policy Statement and the statutory guidance provided by the government. The Transitional and Saving Arrangements also provide information as to compliance in transitioning to the new Act.

Together, the Act, secondary legislation and guidance documents will help to bolster the public sector to establish the right conditions for effective competition and compliant procurement, for the benefit of our communities.

Are SCAPE frameworks compliant with the Procurement Act 2023?

Yes. All SCAPE frameworks are compliant with UK law, and this will not change when the Procurement Act 2023 comes into effect.

Frameworks procured before the 24^th February 2025 will remain compliant in accordance with the Transitional and Saving Arrangements. Therefore all current SCAPE frameworks will remain compliant and subject to the Public Contracts Regulations 2015 (PCRs) and the Utilities Contract Regulations 2016 (UCRs), including call off contracts under these frameworks until their expiry.

Frameworks awarded after the 24^th February 2025 will be subject in accordance with the Procurement Act 2023, replacing PCRs and UCRs.

What does the Procurement Act 2023 mean for my project?

The introduction of the Procurement Act legislation will only go to serve your project for the better. The public sector has to account for every pound it spends, and the Act will revolutionise how the UK government and public sector buy goods and services.

The golden thread throughout the Procurement Act 2023 is ‘transparency’ and the Act, including the new requirements for issuing notices, monitors the transparency and openness of this information. Working with SCAPE is all about partnership and our responsible frameworks have always placed Early Contractor Involvement (ECI) at the core. As our frameworks are ‘two-stage tender’ frameworks, they actively encourage and promote ECI to not only allow transparency from the outset of projects, but it is proven to improve buildability, save time and save money - £100m has been saved across SCAPE construction and civil engineering projects over the last 5 years through ECI.

Additionally, as all SCAPE frameworks are Gold Standard verified, we have been able to demonstrate through our suite of consultancy, civil engineering, construction and utilities frameworks that our approach to procurement, performance management and framework operation is compliant and aligned with Central Government policy as set out in the Construction Playbook, aimed at delivering better, safer, faster and greener project outcomes.

As a quality mark, the Gold Standard empowers the public sector to set clear targets, foster strong partnerships, and deliver better outcomes for our communities, ensuring that project success is at every stage. Learn more about why the Gold Standard is important for the public sector here.

Will the Procurement Act 2023 improve my project’s social value delivery?

Yes. Social value delivery is a fundamental element of the new Procurement Act. Further, it is integral to our approach and as such is mandated by SCAPE across our entire suite of frameworks. All of SCAPE’s framework processes provide for discussion between the framework delivery partner and the client at the early stages of the project to identify the client’s social impact priorities. Together, via the framework agreement, a social value action plan will be developed and agreed, with a maximum of five social value targets set. As social value delivery is local and specific to each project, these KPIs will be monitored and measured against using the Social Value TOM System.

The Social Value TOM System is an evidence-based measurement framework from the Social Value Portal. Founded on thorough research which uses robust and official data sources, it is one of the most effective ways to accurately measure, report and manage social value delivery, is the most widely used measurement of social value in the UK, and aligns with the Procurement Act 2023.