Cabinet Office
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The Procurement Act 2023 was introduced to transform how public procurement is carried out in England, Wales and Northern Ireland. The Act reforms the UKs public procurement regime, making it quicker, simpler, more transparent and better able to meet the UKs needs while remaining compliant with our international obligations.
The Procurement Review Unit (PRU) will have responsibility for oversight of the new regime, initially aiming to ensure that the changes introduced by the Procurement Act 2023 are embedded within contracting authorities. The PRU will investigate contracting authorities, to ensure compliance with the Act, and suppliers, for possible addition to the debarment list. Private utilities and some NHS personal care services are, however, out of scope of the PRU.
The PRU is designed to deliver the following benefits:
- Raising standards across public sector procurement through focus on, but not limited to, early identification and rectification of systemic and institutional breaches.
- The protection of public contracts and public money from suppliers who pose risk by:
- Central consideration of self-cleaning evidence provided by suppliers in order to assess whether the circumstances giving rise to an exclusion ground are continuing or likely to occur again
- Greater consistency and efficiency of supplier exclusions across the public sector, informed by a central debarment list and published investigation reports.
Our Ambition
Our ambition is to raise standards in public procurement, driving accountability for contracting authorities and suppliers in the UK. Raising Standards - Our Ambition sets out how the Procurement Review Unit supports the Procurement Act 2023.
Structure of the PRU
The PRU consists of three services:
- Public Procurement Review Service (PPRS): This service was introduced in 2011 and focuses on suppliers complaints about specific procurement(s) and late payments.
- Procurement Compliance Service (PCS): This service investigates contracting authorities compliance with the requirements of the Procurement Act 2023 and may issue (and if desired, publish) statutory recommendations to the contracting authority being investigated and/or guidance that applies more generally to contracting authorities following the conclusion of an investigation.
- Debarment Review Service (DRS): This service aims to protect public money from suppliers who pose risks by conducting investigations into suppliers to determine whether they are excluded or excludable suppliers and whether they should be added to the public debarment list. The service is also responsible for managing the debarment list.
National Security Unit for Procurement (NSUP)
In addition to these services, but separate from the PRU, the National Security Unit for Procurement (NSUP) has responsibility for debarment, exclusion, and termination cases which engage the national security grounds. NSUP is based within the Cabinet Office and works closely with the DRS.
To make a national security referral please refer to the links under National Security Referral Forms on this page. For further information on national security exclusions or terminations please refer to NSUPs exclusions and terminations guidance which will be published shortly.
Before using the Procurement Review Unit service
We highly encourage you to review the information outlined in the relevant services scope and remit documents prior to engaging the service in question. These documents clarify what you can expect from us, as well as what we require from you for a successful resolution to your inquiry. By submitting a referral form in relation to one of the services provided, you acknowledge and accept the scope and remit of our service.
Public Procurement Review Service
The Public Procurement Review Service (PPRS) was introduced in 2011 as one of a range of measures designed to make government easier to work with, particularly for smaller businesses. Both central and wider public sector contracting authorities are in scope of the PPRS.
The role of PPRS is to investigate public sector procurement processes in response to a suppliers (or a suppliers representative) complaint about a specific procurement. It may make (non-binding) recommendations to contracting authorities with the aim to improve standards, which can lead to live procurements being adjusted or reviewed. The issue must have taken place in the last 2 years and can relate to any stage of the procurement life cycle. The PPRS also handles cases concerning the late payment of valid and undisputed invoices.
When the new procurement regime goes live on 24 February 2025, the PPRS will form part of the PRU. Generally when carrying out its investigations, the PPRS will not exercise the powers under the Procurement Act 2023, but may do so in cases where the contracting authority being investigated fails to co-operate. The PPRS may also refer a case to the Procurement Compliance Service for a formal investigation under the Procurement Act 2023, for example if it uncovers serious breaches in the course of its investigation. The PPRS will also carry out non-statutory reviews of central government authorities.
Please read the scope and remit and complete the form below to raise an issue.
Procurement Compliance Service
The Procurement Compliance Service (PCS) focuses on investigating in-scope contracting authorities compliance with the requirements of the Procurement Act 2023.
The PCS covers both central and wider public sector contracting authorities (such as NHS, local government and universities). The PCS will utilise the statutory powers under Part 10 of the Procurement Act 2023 to carry out investigations into a relevant contracting authoritys compliance with the Act. Where appropriate, the PCS may issue recommendations to that contracting authority as to the action it should take to comply with the Act and/or guidance that applies to contracting authorities more generally.
A recommendation issued under the Procurement Act 2023 cannot relate to a contracting authoritys compliance with procurement objectives under section 12, the National Procurement Policy Statement (or the Welsh equivalent), the duty to consider small and medium enterprises in regulated below-threshold contracts under section 86, nor the exercise of a contracting authoritys discretion in procurements.
Investigations carried out by the PCS focus on, but are not limited to: systemic (common across multiple contracting authorities) and institutional (made repeatedly by one particular contracting authority) non-compliance issues.
The PCS may by notice require a contracting authority being investigated to provide relevant documents and giving assistance with an investigation as is reasonable in the circumstances.
Findings and recommendations will be captured in a report which may be published on GOV.UK. A contracting authority may also be requested to provide progress reports (which could include an action plan), to demonstrate what actions (if any) the contracting authority has taken as a result of a recommendation. These may also be published.
The Procurement Compliance Service will commence operations on 24th February 2025. During this initial period, no referrals will be accepted, as it will take time to establish activity in accordance with the Procurement Act 2023. This service will exclusively investigate systemic non-compliance (common across multiple contracting authorities) and institutional non-compliance (repeatedly occurring within a single contracting authority). Details regarding protocols, scope, remit, and referral forms will be made available on this site in due course.
Debarment Services
