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Transforming Public Procurement – Part 2 consultation on draft regulations to implement the Procurement Bill
Part 2 of the public consultation on the secondary legislation required to implement the new public procurement regime established by the Procurement Bill has now opened. It focuses on the transparency provisions and notices that will be used by contracting authorities to fulfil their legal requirements under the Bill. It also includes information on the proposed approach to transitional arrangements for procurements already underway at the time that the new regime comes into effect and the position on other legislation that will need to be amended in order for the full provisions of the Bill to take effect.
The Cabinet Office is also using this opportunity to consult on a proposal to use the power in the Bill at clause 120 to amend Bill provisions for private utilities with respect to the Preliminary Market Engagement notice, in line with our aim of minimising burdens on these private businesses.
This second part of the consultation will close at on Friday 25 August.
Part One of the consultation is already underway and will close on Friday 28 July. The LGA has made a response in which we point out that there are some issues in relation to part 7, disapplication of Section 17 of the Local Government Act (1988). On the face of it, the change would provide a level playing field between councils and other types of contracting authority. However, there is a concern about the available geographies listed in Part 6, Section 17 (2) of the draft Statutory Instrument (SI) that they are too limited to reflect the full range of current procurement collaborations. Councils are encouraged to consider how this might affect their own circumstances when responding to the consultation. For more information please email tina.holland@local.gov.uk
Best value guidance consultation
The Government has launched a consultation on statutory guidance for local authorities in England, including combined authorities and combined county authorities – on the Best Value Duty. The guidance provides greater clarity to the local government sector on how to fulfil the Best Value Duty by describing what constitutes best value, the standards expected by the department and the models of intervention at the Secretary of State for Levelling Up, Housing and Communities’ disposal in the event of failure to uphold these standards. There are, of course, many implications for procurement colleagues set out within this guidance.
Crown Commercial Service (CCS) Annual Report
The Crown Commercial Service (CCS) has published its Annual Report and Accounts 2022/23 this week. The report outlines delivery of over £3 billion in benefits across the public sector in the year through a total spend of some £30 billion.
Competition and Market Authority (CMA) Annual Report
The Competition and Markets Authority (CMA) has also published its Annual Report and Accounts for 2022/23, which shows that for every £1 spent, the CMA generated £26 in financial benefits for UK consumers – up from £22.50 last year – and saved consumers an estimated £8 billion over the last three years. During 2022/23, the CMA progressed work in response to major issues faced by UK consumers, such as the rising cost of living, which included road fuel and housebuilding market studies as well as launching a project to consider unit pricing in the groceries sector.
E3M publishes free 'Vitalising purpose' book
E3M recently published 'Vitalising purpose' – a free-to-download collection of essays from a diverse range of social businesses who commission services from them. The book investigates how partnerships between public authorities and social enterprises can make a difference to how public services are provided, and to people’s lives. Its contributors were asked whether social enterprises have made things better in public service delivery; if social enterprises have generated better outcomes for people and places, what are they; and what holds social enterprises back from doing more? The book also contains examples of the ‘social enterprise difference’ and practical ideas and is available to download free of charge.
Violation Tracker UK
Good Jobs First is a Washington DC-based non-governmental organisation focused on corporate and government accountability. Its Corporate Research Project – which provides tools to assist in analysing the conduct of companies and industries – has recently launched a UK Violation Tracker database of enforcement actions brought against companies by Government regulators in England, Scotland, Wales and Northern Ireland. It contains more than 80,000 cases involving issues including financial misconduct, workplace abuses, environmental offences and anti-competitive practices. Modelled on the US Violation Tracker, it combines cases resolved since 2010 from over 50 regulatory agencies. This freely available resource is funded by the Joseph Rowntree Foundation and Network for Social Change.
Climate Change Adaption Plan
The Government has published a five-year Climate Change Adaption Plan, which includes measures to tackle overheating and flooding and to construct public buildings designed to deal with higher temperatures. As part of the plan, councils will be offered advice and information from a new climate advice data service to help them tailor their response locally.
Free Local Partnerships Resource Hub
Local Partnerships is showcasing its range of valuable free-to-download resources (including toolkits and webinar recordings) in its Local Partnerships resource hub, The Local Partnerships team is keen for you to take advantage of these free resources to explore and expand your knowledge and help you on your journey to net zero:
Essex County Council is seeking to recruit procurement specialists – either office-based (in Chelmsford) or working remotely. The closing date for applications is Monday 31 July.
The LGA Procurement team manages several LGA webpages dedicated to your needs. Please email guy.head@local.gov.uk if you would like any information added to our webpages:
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