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ARTICLE · 10 JULY 2024

Procurement Act 2023 Changing Landscape, Issue 10: Contract Performance And Implied Terms

Gowling WLG
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The Procurement Act 2023 mandates increased transparency in the procurement process by requiring contracting authorities to publish performance data and key performance indicators. It also introduces implied contract terms for prompt payment and specific termination rights, enhancing supplier accountability.

United KingdomGovernment, Public Sector
Christopher Brennan
Christopher Brennan
Alison Richards
Alison Richards
Alexi Markham
Alexi Markham
Author LinkedIn connections

Welcome to the tenth bulletin in our changing landscape series on the Procurement Act 2023 (the Act), where we examine the effect of the Act on the transparency of the procurement regime in England, Wales and Northern Ireland. Our last changing landscape bulletin covered the mechanics of transition from the current procurement regime to the new legal framework of the Procurement Act. Here, we turn to look at how the Act will foster greater transparency by requiring contracting authorities to publish more data on contract performance. We also look at the terms the Act will automatically imply into certain public contracts.

An increase in transparency

The Act includes a raft of changes which it will introduce in order to increase the overall transparency of public procurement significantly. Here, we highlight some of the key changes that centre around contract performance and, in particular, the measures designed to increase visibility concerning how well suppliers

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