What transparency obligations do public bodies have under the Procurement Act 2023?

Under the Procurement Act 2023, public bodies in the UK are legally required to publish a series of formal notices at defined stages of the procurement cycle, from pre-market engagement through to contract termination. These obligations are designed to make public spending more transparent, accountable, and accessible to suppliers and citizens alike. The sections below answer the most common questions about exactly what those obligations involve.

Which notices must public bodies publish under the Procurement Act 2023?

Public bodies subject to the Procurement Act 2023 must publish a range of statutory notices throughout the procurement lifecycle. These include pipeline notices, planned procurement notices, tender notices, transparency notices for direct awards, contract award notices, contract details notices, contract change notices, contract termination notices, and payment compliance notices. Each notice serves a distinct purpose and is required at a specific stage of the process.

The Act replaces the fragmented notice regime that existed under the previous Public Contracts Regulations 2015 and introduces a more structured, end-to-end approach. Rather than treating transparency as a one-off obligation at the point of award, the new framework requires contracting authorities to communicate openly at every significant decision point. This gives suppliers earlier visibility of upcoming opportunities and gives the public a clearer picture of how contracts are awarded and managed.

Some notices are mandatory for all above-threshold contracts, while others apply only in specific circumstances, such as when a direct award is made or when a contract is substantially modified. Understanding which notices apply to which situation is one of the first practical challenges public sector procurement teams face when implementing the Act.

What is the central digital platform and who must use it?

The central digital platform, known as Find a Tender, is the UK government’s official system for publishing procurement notices under the Procurement Act 2023. All contracting authorities subject to the Act, including central government departments, local authorities, NHS bodies, and other public bodies, are required to publish their statutory notices through this platform rather than through disparate or locally managed systems.

The shift to a single, centralised platform is one of the Act’s most significant practical changes. Previously, notices could be published across a range of portals, making it difficult for suppliers to track opportunities consistently. The central digital platform is intended to create a single point of access, improving supplier engagement and reducing the administrative burden of searching multiple systems.

In addition to mandatory notices, the platform is designed to support machine-readable data, enabling procurement analytics and greater scrutiny of public spending patterns over time. Public bodies that fail to use the platform correctly, or that publish notices through alternative channels without meeting the platform requirements, risk non-compliance with their statutory transparency duties.

When does a direct award trigger a transparency notice?

A transparency notice must be published before a contracting authority makes a direct award, that is, an award made without running a competitive tender process. Under the Procurement Act 2023, direct awards are only permitted in limited, defined circumstances, and the transparency notice requirement exists to ensure that even these non-competitive decisions are subject to public scrutiny before the contract is signed.

The permitted grounds for a direct award include situations where only one supplier is capable of performing the contract, where extreme urgency makes a competitive process impossible, or where the award falls under specific exemptions set out in the Act. In each case, the contracting authority must publish a transparency notice setting out the grounds for the direct award and allowing a standstill period before proceeding.

This pre-award transparency requirement is a notable departure from the previous regime, where direct awards were often made with limited advance disclosure. The intention is to give suppliers and oversight bodies the opportunity to challenge a proposed direct award before it becomes binding, rather than only after the fact. For public bodies, this means that the decision to make a direct award must be well-documented and legally defensible from the outset.

What information must be disclosed in contract award notices?

A contract award notice under the Procurement Act 2023 must include the identity of the winning supplier, the contract value, the duration of the contract, a description of the goods, services, or works being procured, and the grounds on which the award was made. For competitive procurements, the notice must also include information about the number of tenderers and the scores or criteria used to evaluate bids.

The level of detail required goes beyond what was expected under the previous regulations. The Act is explicit that disclosure should be meaningful, not merely formal. This means that vague or boilerplate descriptions of award criteria are unlikely to satisfy the requirement. Contracting authorities are expected to provide enough information for an unsuccessful supplier to understand why they did not win and to assess whether the process was conducted fairly.

There is also a distinction between the contract award notice, which signals the intention to award, and the contract details notice, which is published after the contract has been signed and must include the actual signed contract document for above-threshold awards. This two-stage disclosure requirement is new and represents a significant increase in the volume of documentation that public bodies must make publicly available.

How do contract change and termination notices work?

Contract change notices must be published when a contracting authority makes a modification to an existing contract that is sufficiently significant to require disclosure under the Procurement Act 2023. Termination notices must be published when a contract is ended early, whether by mutual agreement, for convenience, or due to supplier default. Both notice types are designed to maintain transparency beyond the initial award stage.

Not every contract modification triggers a change notice. The Act distinguishes between modifications that fall within the original scope of the contract and those that represent a material change. A material change, broadly speaking, is one that would have attracted different suppliers or different bids had it been included in the original tender. Where a modification crosses this threshold, a change notice is required, and in some cases a new procurement may be necessary.

Termination notices serve a different but equally important function. By requiring public bodies to disclose when and why a contract has ended, the Act creates a more complete public record of contract performance. This is particularly relevant where a contract is terminated due to supplier underperformance, as it provides information that other contracting authorities can draw on when evaluating the same supplier in future procurements. Together, these notice requirements extend the transparency obligation across the full life of a contract, not just its inception.

What are the consequences of failing to meet transparency obligations?

Failure to meet transparency obligations under the Procurement Act 2023 can expose a contracting authority to legal challenge, contract ineffectiveness, and reputational damage. The Act strengthens the remedies available to suppliers who believe a procurement has been conducted unlawfully, including the power for courts to set aside a contract or award damages where a transparency requirement has been breached.

One of the most significant consequences is the risk of a contract being declared ineffective by a court. This is a remedy that was available under the previous regulations but is now more clearly defined. A contract can be declared ineffective where, for example, it was awarded without the required transparency notice being published, or where the standstill period was not observed before signing. In practical terms, an ineffective contract is treated as void from the outset, which creates serious operational and financial risk for the contracting authority.

Beyond legal remedies, the Cabinet Office has powers under the Act to investigate and report on non-compliance, and persistent failures can affect an organisation’s standing in future procurement processes. For public bodies already operating under resource and capacity pressures, the compliance burden is real, and the consequences of getting it wrong are significant. Investing in the right expertise and processes from the start is far more cost-effective than managing the fallout from a failed or challenged procurement.

How eXceeding helps public bodies meet their transparency obligations

eXceeding works alongside public sector organisations to navigate the full requirements of the Procurement Act 2023, from notice management and compliant tender design through to contract award and ongoing supplier oversight. Whether you are building internal capability or need specialist support for a specific procurement, eXceeding provides practical, independent expertise with no ties to any suppliers or frameworks.

• Guidance on which notices apply to your specific procurement and when they must be published
• Support designing and running compliant competitive processes that meet the Act’s disclosure requirements
• Advice on when a direct award is legally permissible and how to document and publish the required transparency notice
• Assistance with contract change and termination notice obligations throughout the contract lifecycle
• Procurement resourcing to place skilled interim professionals within your team where internal capacity is stretched

If your organisation is working to implement the Procurement Act 2023 and wants to ensure it meets every transparency obligation with confidence, get in touch with eXceeding to discuss how we can support you.

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