Procurement Act 2023:
Turning Reform into Confident Practice.
The Procurement Act 2023 represents the most significant reform of public procurement in a generation. While its objectives are clear—greater value for money, transparency, integrity and public benefit—the practical challenge for many organisations lies in translating legislative intent into confident, day-to-day procurement practice.
Replacing the Utilities Contracts Regulations 2016 and all other regs, the Act moves procurement away from rigid, prescriptive processes and towards a framework that places greater responsibility on contracting authorities to exercise informed judgement. With that flexibility comes increased scrutiny, accountability and the need for robust governance.
Joanne Etchells
Procurement Services Director
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Laura Jackson
Procurement Services Consultant
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From Compliance to Capability
One of the most notable changes is the shift from Most Economically Advantageous Tender (MEAT) to Most Advantageous Tender (MAT). This reframing is not merely semantic. It signals a broader expectation that authorities will actively consider quality, outcomes and public value, rather than defaulting to cost-led evaluation models. Similarly, the introduction of the Competitive Flexible Procedure provides welcome freedom to design procurement processes that are proportionate and market-appropriate. However, flexibility without clear governance can increase risk. Authorities must be able to demonstrate that their chosen approach is transparent, fair and defensible.
Transparency as a Continuous Obligation
The Act also embeds transparency throughout the procurement lifecycle. Expanded publication requirements now extend beyond contract award to include planning, contract changes and performance. This places greater emphasis on record-keeping, contract management and the ability to evidence decisions long after a procurement has concluded. For suppliers, stronger exclusion and performance management measures underline the importance of compliance, delivery capability and reputation. Procurement no longer ends at contract award; performance during delivery has a direct impact on future opportunities.
What Good Practice Looks Like Under the Act
Successfully operating under the Procurement Act 2023 requires organisations to:
- Build procurement strategies that align with organisational objectives and public benefit outcomes.
- Design flexible procedures that remain robust, auditable and proportionate.
- Strengthen evaluation, governance and moderation processes.
- Invest in contract management capability and performance monitoring.
- Support market engagement that encourages competition, innovation and SME participation.
Supporting Confident Procurement
At Enigma Seven, we support both contracting authorities and suppliers in navigating the Act with confidence. Our approach combines regulatory understanding with practical procurement experience, helping organisations move beyond compliance to develop sustainable, effective procurement practices. As the new regime beds in, those organisations that invest early in capability, governance and clarity will be best placed to realise the opportunities the Procurement Act 2023 is intended to deliver.