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Procurement Act 2023 and Social Value, Supplier Diversity

Empowering SMEs Through Supplier Diversity: A Deeper Dive into the Procurement Act 2023

Ananya JainAnanya Jain

The Procurement Act 2023 marks a significant shift in UK procurement regulations, bringing about changes that impact not only public sector processes but also the opportunities available to small and medium enterprises (SMEs). Among these changes is a renewed focus on supplier diversity, creating a more inclusive and competitive landscape for diverse-owned businesses. This blog post explores the intersection of the new Act and supplier diversity, and how these developments are designed to benefit SMEs. 

Understanding Supplier Diversity 

Supplier diversity is a business strategy aimed at integrating businesses owned by individuals from underrepresented groups into the supply chains. These groups often include ethnic minorities, women, veterans, LGBTQ+ individuals, and people with disabilities. A diverse supplier is defined as a business that is at least 51% owned and operated by members of these groups. Promoting supplier diversity is not only about fairness and inclusion; it also drives innovation and economic growth by bringing new perspectives and solutions to the market. 

Procurement Act 2023- Key Provisions Supporting Supplier Diversity 

  1. Simplified Procedures: The act streamlines the procurement process, reducing bureaucratic burdens and making it easier for SMEs to navigate and participate in bidding for public contracts. This includes measures such as standardized tendering documentation and more accessible information on procurement opportunities. 

  2. Transparency and Fairness: The act promotes transparency by requiring contracting authorities to publish information about procurement processes, evaluation criteria, and contract awards. This ensures a level playing field and helps SMEs understand the requirements for successful bids. 

  3. Central Digital Platform: The introduction of a central digital platform for all procurement activities provides a single point of access for suppliers, making it easier to find and bid on contracts. This platform also enables electronic submission of tenders, reducing administrative costs and improving efficiency. 

  4. Emphasis on Value for Money: The act encourages contracting authorities to consider not only price but also quality, innovation, and social value when awarding contracts. This can benefit SMEs that offer unique solutions or have a strong social impact, as they may be more likely to be evaluated favourably. 

  5. Supplier Diversity Targets: While the act does not explicitly mandate supplier diversity targets, it encourages contracting authorities to consider diversity as a factor when evaluating bids. This provides a framework for SMEs to demonstrate their commitment to diversity and inclusion. 

How the Act Boosts Supplier Diversity for SMEs 

The Procurement Act 2023 provides a more inclusive framework that offers several advantages for SMEs and promotes supplier diversity: 

  1. Access to More Contracts: With improved transparency and simplified processes, SMEs have more opportunities to access contracts previously dominated by larger corporations. The Act encourages diverse suppliers to participate by reducing the barriers to entry, expanding their customer base, and potentially boosting their revenue. 

  2. Levelling the Playing Field: The Act promotes fairness in public procurement, ensuring that businesses of all sizes have an equal opportunity to compete. This is particularly beneficial for diverse-owned businesses, which often face structural disadvantages in the procurement landscape. By fostering a more equitable environment, the Act enables SMEs to compete based on the quality of their offerings rather than their size or resources. 

  3. Contribution to the Local Economy: Engaging with diverse suppliers fosters local economic growth by promoting job creation and increasing local spending. SMEs that thrive through supplier diversity initiatives contribute to the economic vitality of their communities, driving sustainable growth at the grassroots level. 

New Requirements for Contracting Authorities 

To further enhance transparency and fairness, the Act introduces the concept of assessment summaries. Contracting authorities must provide these summaries to each bidder who has submitted an assessed tender before publishing a contract award notice. The assessment summary includes: 

  1. The award criteria and a summary of the assessment methodology. 

  2. Detailed reasons for each score against the award criteria. 

  3. An explanation of why an unsuccessful tender did not meet the most advantageous tender criteria. 

This comprehensive approach not only aligns with the policy aim of making procurement less time-consuming but also clarifies pre-standstill communication, reducing the risk of disputes and promoting a fairer process for all bidders. 

Preparing for Implementation 

As the Procurement Act 2023 comes into effect, contracting authorities and SMEs alike should prepare for these changes. Authorities should review and update their document templates to align with the new requirements, ensuring that all procurement processes post-October 2024 adhere to the Act's provisions. Meanwhile, SMEs should familiarize themselves with the new digital tools and transparency measures, leveraging these to maximize their chances of securing government contracts. 

Conclusion 

The Procurement Act 2023 represents a significant step forward in promoting supplier diversity and creating a more inclusive public procurement environment. By increasing transparency, simplifying processes, and ensuring fairness, the Act offers SMEs greater opportunities to compete and succeed. For diverse-owned businesses, this new regulatory framework opens a realm of possibilities, allowing them to contribute to economic growth and innovation while driving positive social change. 

As these changes come into effect, both contracting authorities and SMEs must adapt and take full advantage of the new tools and opportunities provided by the Act. With careful preparation and a proactive approach, SMEs can thrive in this evolving procurement landscape.