The Procurement Act 2023 goes live in just four weeks - on Monday 24 February 2025. We're counting down with a series of top tips to get ready for the transition. This week we consider practical steps to get ready for the selection stage. 

For Contracting Authorities:

• Central Digital Platform: Much of the selection stage will require review of information available through the CDP. Take advantage of training opportunities available now to understand how the CDP operates and how it can be used most effectively.  
• Conditions of participation: Selection criteria remain but have been rebranded as “conditions of participation”. These must be a proportionate means of ensuring that the supplier has the legal and financial capacity or technical ability to perform the contract, having regard to the nature, complexity or cost of the contract.
• Debarment: You will need to check whether a supplier (and any related connected person, associated person, or sub-contractor) is included on the debarment list before it can be allowed to participate in a covered procurement. Ensure you have processes set up to carry out relevant checks and rights to request this information from bidders. 
• Poor performance: The discretionary exclusion ground for poor performance has now been expanded. Where appropriate, update your tender documents to take advantage of this additional flexibility, but use this right carefully and with full understanding of its limitations.  
• Conflicts of interest: You must take an active role regarding conflicts of interest throughout a procurement. Plan your approach and be aware of the ongoing requirement to review and update a conflicts assessment.

For Bidders:

• Central Digital Platform: Ensure you review and, if necessary, update your details on the CDP once a Tender Notice has been released, and encourage your supply chain to do the same. 
• Conditions of participation: Review these and, if necessary, clarify the requirements with the authority at an early stage of the process. Failure to meet any such conditions may result in your exclusion from the process.
• Debarment: The new debarment regime provides for suppliers to be added to a central, publicly available, debarment list, with the potential for automatic exclusion from future procurements for up to five years. Be prepared to respond quickly to any potential debarment notice, and (where appropriate) be prepared to challenge debarment decisions within the relevant standstill period. 
• Sub-contracting and associated/connected persons: Establish processes to ensure you are notified if any of your sub-contractors or associated/connected persons are placed on the debarment list, and have contingency options available in case you need to replace them.  
• Poor performance: The discretionary exclusion ground for poor performance has now been expanded (coupled with increased transparency of contract performance). Ensure you have systems which will alert you to any performance across all public contracts and a process for effectively managing such issues. 
• Conflicts of interest: Review your internal processes to ensure potential conflicts can be identified quickly and that appropriate mitigations can be offered (e.g. separate teams/IT systems). 

You can visit our PATH page for more articles, guides and videos on the PA23. Alternatively contact Laura Wisdom or another member of our procurement team if you are interested in a tailored workshop or discussion on issues specific to your organisation.