LEGAL

Takeaways from the public procurement Green Paper consultation response

A competitive flexible procedure remains at the core of the proposals in the Government’s response to its Green Paper consultation on public procurement transformation, says Rebecca Rees.

On 6 December 2021, nearly 12 months to the day following the publication of the Government's Green Paper on Transforming Public Procurement, the Government published its long awaited response to the consultation having concluded its lengthy review of more than 600 responses received from contracting authorities, bidders and professional advisers.

The Government has clearly taken on board the numerous responses and has refined its proposals in many areas. The Response confirms which of the original proposals will be progressed, highlights changes in several areas, and sets out those proposals which will no longer be taken forward. It is, however, clear that several areas remain a work in progress, and we can expect further engagement from the Cabinet Office in finalising the proposals (particularly in relation to Chapter 7 of the original Green Paper, focussing on the enforcement proposals). Additionally, further detail remains to be provided for numerous proposals, and this is something that will be developed in the promised guidance and secondary legislation to be provided at a later date.

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