Public procurement in England has entered a new phase.
While this article focuses on England and the Procurement Act 2023, similar themes are emerging across Wales and Scotland through their own procurement frameworks and policy guidance. Although the legislation differs, commissioners across all three nations are placing increased emphasis on quality, governance, transparency, and deliverability.
The Procurement Act 2023, which came fully into force in February 2025, replaces the previous EU-derived procurement regulations and changes how local authorities and NHS bodies buy services — including social care.
While the principles of fairness and transparency remain, the expectations on providers are shifting.
A short summary of the new procurement legislation
The Procurement Act 2023 brings together and replaces several older sets of rules, including the Public Contracts Regulations 2015.
In simple terms, the new legislation aims to:
- Make public procurement simpler and more flexible
- Allow commissioners to design procurements that better reflect local need
- Increase transparency around how decisions are made
- Strengthen accountability for both commissioners and suppliers
- Move away from rigid processes towards a more outcome-focused approach
For providers, this does not mean fewer rules — but it does mean that quality, credibility, and deliverability are more visible and more testable within procurement processes.
What’s changed in practice
For social care providers, the biggest change is not paperwork — it’s emphasis.
Commissioners now have:
- Greater flexibility in how they design procurement processes
- More scope to prioritise quality, delivery risk, and reliability, rather than defaulting to price
- Clearer duties to explain and justify award decisions
This reflects a broader shift away from purely “most economically advantageous” scoring, towards a more rounded assessment of what is most advantageous in practice.
Light Touch Regime – still relevant, but with stronger transparency
Many social care services continue to fall under the Light Touch Regime (LTR).
In simple terms, the LTR allows commissioners greater flexibility in how they design and run procurements for care and support services. It is intended to recognise that social care markets are complex, relational, and locally sensitive — and that rigid, one-size-fits-all procurement processes are often inappropriate.
Under the Procurement Act 2023, the Light Touch Regime remains, but transparency and accountability requirements are stronger. This means that while commissioners may use more flexible processes, they are still required to be clear about:
- How the procurement process is structured
- How bids will be evaluated
- Why award decisions are made
- How contracts and performance expectations are published
For providers, this increases visibility of both decisions and decision-making, and places greater emphasis on the credibility of service models, governance arrangements, and delivery assurances presented at bid stage.
Why “box-ticking” bids are now higher risk
Under the new regime, authorities must be clearer about why they award contracts.
In practice, this means:
- Vague or generic responses are easier to discount
- Weak governance explanations are more exposed
- Assertions without evidence carry greater risk
Providers who rely on template language, rather than explaining how their service will operate in reality, are more likely to lose ground.
What commissioners are looking for now
Across recent procurements, we are seeing greater weight placed on:
- Clear service models and boundaries
- Governance and decision-making structures
- Risk management and quality assurance
- Workforce sustainability
- Evidence that providers understand local delivery pressures
This aligns closely with what regulators already test — meaning tendering and inspection readiness are now more closely linked than before.
A practical change providers should be aware of
A significant operational change under the Act is the introduction of a central digital platform, where suppliers are expected to maintain up-to-date core information under the Common Assessment Standard.
For providers, this shifts procurement from a one-off administrative exercise to an ongoing governance responsibility, requiring information about the organisation, finances, policies, and performance to be kept current and accurate.
Past performance matters more
The Act also strengthens the ability of commissioners to take past performance into account.
Serious or persistent failures, poor delivery, or unmanaged risk can now carry greater weight in procurement decisions. This further reinforces the importance of effective governance, oversight, and performance management — not just during delivery, but when bidding for future contracts.
Why this matters for providers
The new procurement framework rewards providers who:
- Can clearly explain how they will deliver safe, effective care
- Demonstrate organisational maturity and oversight
- Evidence learning, assurance, and improvement
It is no longer enough to say the right things — providers must show they can stand behind them.
Where to find the legislation and official guidance
Providers who want to understand the detail should refer to:
- The Procurement Act 2023 (primary legislation)
Available on legislation.gov.uk - Cabinet Office statutory guidance on the Procurement Act
Published on GOV.UK and aimed at contracting authorities, but highly relevant to suppliers - GOV.UK procurement reform pages
These include explainers, timelines, and supplier-facing summaries
While providers do not need to become procurement specialists, understanding the direction of travel is now essential when bidding for public contracts.
Final thought
The Procurement Act doesn’t make tendering harder — but it does make weak bids more visible.
Providers who invest early in governance, clarity, and evidence are better placed not just to win contracts, but to sustain them.
Can we help?
If you are planning a new registration, variation, or service expansion and would value structured, proportionate support, we’re happy to discuss how we can help.