A new chapter for procurement

The Procurement Act 2023 came into force in February 2025 replacing a patchwork of EU-derived rules with a single, UK-wide framework. For construction, this marks one of the biggest changes to procurement practice in decades.

The Government’s aim is clear: simplify the rules, increase transparency, and use public sector spending power to deliver better value, innovation and opportunity across the supply chain.

But what does that mean in practice – and what does it mean for consultants like us who are both advisers on procurement and participants in it?

Why was the Procurement Act introduced?

For years, clients and suppliers alike have said the same thing: procurement was too complex, too slow and too rigid. The Act was introduced to address these issues by:

• Streamlining four sets of regulations into one clear regime
• Improving transparency by requiring authorities to publish more information on their decisions and contracts
• Encouraging competition and innovation through new procedures that give buyers more flexibility in how they run procurements
• Supporting SMEs by making opportunities more accessible and processes less burdensome
• Driving accountability with stronger obligations around conflicts of interest and reporting

The aim is a procurement system that is faster, fairer and more responsive – but as always, the devil is in the detail.

Why does it matter to the construction sector?

Procurement decisions determine who designs, builds and maintains the nation’s public assets. They shape not just costs and programmes, but also quality, risk allocation, sustainability outcomes and long-term value.

For the construction sector, the Act matters because:

• Frameworks remain central to how work is awarded – but transparency and oversight are now higher
• Competition is evolving, with more flexible procedures available to clients but also more scrutiny on how decisions are made
• Supply chain visibility has increased, with authorities required to publish pipelines and award notices that make the market more open

Put simply: everyone in construction is now feeling the effects, from Tier 1 contractors to specialist SMEs.

Who is most affected?

While the Act is intended to create a level playing field, some parts of the industry are experiencing greater impact:

• Public sector clients are having to adapt quickly to new processes, documentation and reporting
• Large contractors and consultants are managing additional administrative work to demonstrate compliance and manage conflicts of interest
• SMEs and new entrants are seeing more visibility of opportunities – though whether that translates into more awards remains to be seen

In short, there are winners and losers – and much depends on how consistently and pragmatically the new rules are applied.

The dual role challenge for consultants

For firms like Summers-Inman, the Procurement Act creates a unique challenge. We now have to navigate two distinct but overlapping roles:

This dual role raises potential conflicts of interest. For example:

• Can a consultant who advises on a client’s procurement also bid for a place on their framework or on one of their projects?
• How can firms maintain independence and transparency when operating on both sides of the procurement fence?

At Summers-Inman, we manage this through clear role definition, robust internal processes, and an uncompromising commitment to integrity. When we are advising, we are advisers only. When we are bidding, we compete on the same basis as everyone else.

This balancing act is not new – but the Act makes the need for clarity more pressing than ever.

What the Procurement Act brings to the industry

Despite the challenges, the Procurement Act is already proving to be a positive force for the construction industry. Among its benefits:

• Clarity – one single framework, making it easier to navigate
• Transparency – better information flow, from pipelines to awards
• Flexibility – procedures that can be tailored to the project rather than one-size-fits-all
• Opportunity – a system designed to give SMEs and innovative suppliers more of a fair shot
• Accountability – stronger requirements around governance and conflicts of interest

If applied well, these changes can create a procurement environment that delivers better buildings, better services and better value for the public purse.

Our view

The Procurement Act is not just another compliance hurdle. It is an opportunity for the construction sector to raise its game – to embrace transparency, deliver long-term value and open the door to greater innovation and collaboration.

For consultants like Summers-Inman, the challenge is clear: we must help clients navigate the rules while also holding ourselves to the highest standards when competing within them. It’s a responsibility we take seriously – because procurement is not about ticking boxes. It’s about building trust, delivering value and shaping the built environment for generations to come.

Navigating the act

If you are a client navigating the Procurement Act – or a supply chain partner wondering what it means for you – our team can help. From designing compliant procurement processes to advising on frameworks and managing risk, we bring both the technical expertise and the real-world experience to guide you through the change.

Contact Andy Rapmund at the Newcastle Office, to discuss how we can support you in working confidently under the Procurement Act.