We wrote back in June that the Public Procurement Bill – now scheduled to come into effect in October 2024 – will provide for a more flexible approach to procuring goods and services, and change the way in which contracts are awarded and monitored.
However, this summer, new legislation was introduced amending some of the content and assessment rules for Standard Selection Questionnaires (SQs). Large companies and SMEs need consider the implications.
Businesses with turnover above £36m must now provide a slavery and human trafficking statement in accordance with the Modern Slavery Act 2015, but even smaller business may still be required to provide evidence of company policies if proportionate to do so e.g., for central government contracts where there is a higher risk of modern slavery being present in the supply chain.
New requirements for compliance with statutory tax and PAYE obligations have also been introduced. All companies, including SMEs, need to self-certify they comply and may have to provide supporting evidence at the SQ stage, not just during final due diligence at contract award.
It has never been more important for companies, and especially SMEs, to avoid mistakes at the SQ stage which automatically exclude them from the process.
The most common mistakes we see are:
- Not providing examples of other suitable contracts;
- The financial accounts not meeting the threshold set out in the SQ;
- Additional questions not being properly addressed or, in some cases, not answered at all;
- Not having adequate levels of insurance cover for the contract; and
- Not submitting the SQ online – often just as simple as overlooking the need to press the ‘Submit’ button.
The Procurement Bill aims to simplify the tender process and open up opportunities for SMEs to participate in government work. But businesses should act now to understand the new SQ requirements and avoid the simple errors that undermine their bids.
The Litmus Partnership support thousands of locations around the UK to ensure they are compliant with the public procurement regulations when seeking to outsource services. At Litmus, we value the principles and practice of fair competition, and champion processes that provide the best collaborative outcomes for all parties.
Our goal is to ensure that all tender projects are as inclusive as possible, providing our clients with solutions from innovators large and small.
If we can assist you in managing your tender to get the best outcome, please contact us here.
The Litmus Team