Guide to Tender Notices and Competitive Tendering Under the Procurement Act 2023

Guide to Tender Notices and Competitive Tendering Under the Procurement Act 2023

Changes to Tender Notices

The Procurement Act 2023 introduced a new notice regime covering the full procurement lifecycle, from early pipeline information through to contract performance and termination. For procurements started under the Act, these notices are published through the Central Digital Platform, which is delivered through Find a Tender. Procurements started under earlier legislation continue under the previous notice regime.

The main notice types suppliers are likely to encounter are:

• Pipeline Notice (UK1) – Gives early visibility of planned procurements. Contracting authorities expecting to spend more than £100 million under relevant contracts in the coming financial year are required to publish information on planned procurements over £2 million where a Tender Notice or Transparency Notice is expected during the 18-month reporting period. In practice, each procurement is published individually and brought together into the authority's pipeline view.
• Preliminary Market Engagement Notice (UK2) – Used to invite suppliers to take part in early engagement or to tell the market about engagement that has already happened. If an authority carries out preliminary market engagement but does not publish a UK2 notice before the tender, it generally has to explain why in the Tender Notice.
• Planned Procurement Notice (UK3) – An optional early notice giving suppliers advance information about a forthcoming procurement. Where it is published at least 40 days and no more than 12 months before the Tender Notice, it becomes a qualifying Planned Procurement Notice and may allow the minimum tendering period to be reduced to ten days.
• Tender Notice (UK4) – Formally advertises a competitive procurement and invites suppliers either to tender or, in a Competitive Flexible Procedure, potentially to request participation first. UK4 notices are also used for advertised regulated below-threshold opportunities.
• Transparency Notice (UK5) – Published before a contract is awarded directly rather than through a competitive procedure, setting out the basis for the intended direct award.
• Contract Award Notice (UK6) – Published after the award decision but before the contract is entered into. Where a mandatory standstill applies, publication starts the standstill period.
• Contract Details Notice (UK7) – Published after the contract has been entered into and provides details of the awarded contract. For public contracts over £5 million, additional publication requirements generally apply, including publication of the contract itself subject to relevant exemptions.
• Contract Payment Information (UK8) – For applicable procurements commenced from 1 April 2026, contracting authorities publish information quarterly about payments of more than £30,000 made under public contracts.
• Contract Performance Notice (UK9) – Used to report relevant contract performance information, including KPI performance for applicable public contracts over £5 million and certain instances of poor performance or breach.
• Contract Change Notice (UK10) – Published before certain qualifying contract modifications are made.
• Contract Termination Notice (UK11) – Published when a public contract comes to an end, including successful completion as well as early termination.
• Procurement Termination Notice (UK12) – Used when a procurement is cancelled before a contract is entered into, where the relevant publication requirement applies.
• Dynamic Market Notices (UK13–UK16) – Cover the intention to establish, establishment, modification and eventual cessation of a Dynamic Market.
• Payments Compliance Notice (UK17) – Reports a contracting authority's performance against payment terms every six months.

These notices are linked together on Find a Tender, making it possible to follow a procurement from early planning through award and into contract management. For suppliers, that creates much more useful intelligence before and after the tender itself.

Note: This guide focuses on procurements run under the Procurement Act 2023. Different rules continue to apply where Scottish procurement legislation governs the procurement, and transitional rules may apply to procurements that began before the Act came into force on 24 February 2025.

Competitive Tendering Procedures

Under the Procurement Act 2023, there are two key competitive procedures:

1. Open Procedure

What it is: A single-stage process where all interested suppliers submit tenders.

How it works:

• Any supplier can submit a bid.
• No opportunity for shortlisting or pre-qualification.
• Ideal when a clear specification allows all suppliers to submit fully formed bids.
• Begins with a Tender Notice (UK4), inviting all interested suppliers to submit tenders.

Timeframe:

• The standard minimum tendering period is 25 days where tenders can be submitted electronically and all associated tender documents are provided at the same time.
• It can fall to ten days in certain circumstances, including where a qualifying Planned Procurement Notice has been published or there is a genuine state of urgency.
• Other minimum periods can apply depending on how the procurement is structured.

Best used for: Straightforward procurements where pre-qualification is unnecessary.

2. Competitive Flexible Procedure

What it is: A multi-stage process allowing buyers flexibility in shortlisting, negotiations, and supplier interactions.

How it works:

• Buyers can define their own stages.
• Can include a participation stage using conditions of participation to determine which suppliers progress further.
• Allows for site visits, presentations, and negotiations.
• Can begin with a Tender Notice (UK4), either inviting suppliers to request participation or submit their first/only tender.
• Provides flexibility to engage in dialogue, negotiation, and supplier assessments through audits, site visits, or demonstrations.
• Intermittent tender assessments may be used to eliminate suppliers failing to meet criteria before later stages.

Timeframe:

• Where the procedure includes a separate participation stage, suppliers will normally have at least 25 days to submit requests to participate. This can be reduced to ten days where there is a genuine state of urgency.
• Tendering periods depend on how the procedure has been designed. A common minimum is 25 days where submissions are electronic and all tender documents are available at the outset, while a qualifying Planned Procurement Notice can reduce the applicable minimum tendering period to ten days.

Best used for: More complex procurements where shortlisting or further engagement is needed.

Frameworks and Dynamic Markets

• Open Frameworks: Unlike a standard framework, an open framework is a scheme of successive frameworks that can admit new suppliers when it reopens. Except for specific single-supplier circumstances, it can run for up to eight years and must reopen at least once during the first three years and at least once during the following five years.
• Dynamic Markets: A new commercial tool similar to, but broader than, the previous Dynamic Purchasing System model. They remain open to new qualifying suppliers throughout their life, and there is no general maximum duration or limit on the number of suppliers admitted. Above-threshold contracts awarded using a Dynamic Market are competed using the Competitive Flexible Procedure.
• Dynamic Market Launch Confirmations: Confirmations when a dynamic market is operational, listing approved suppliers, trading parameters, and access requirements.

Read our guide to writing sales presentations and winning tenders.

Choosing the Right Procedure

Where a buyer needs to shortlist suppliers before inviting tenders, the Competitive Flexible Procedure can include a separate participation stage. It also allows the buyer to design additional stages such as negotiation, presentations or demonstrations where these are appropriate to the procurement.

Using the UK4 Notice, buyers can choose whether to include a participation stage to shortlist suppliers. This provides more control and allows for:

• Site visits
• Presentations
• Negotiations

Where early supplier input would help shape the requirement or procurement approach, preliminary market engagement can be valuable before the Tender Notice is published. If that engagement takes place, the authority must normally publish a UK2 notice or explain in the Tender Notice why it did not do so.

Key Points

• The Open Procedure does not allow shortlisting or pre-qualification.
• The Competitive Flexible Procedure offers greater flexibility and is more suited for complex procurements requiring supplier interaction.
• A qualifying Planned Procurement Notice (UK3) can allow the minimum tendering period to be reduced to ten days. A UK2 Preliminary Market Engagement Notice serves a different purpose: making pre-tender engagement more transparent.
• Contracting authorities can limit the number of suppliers at the participation stage based on set conditions and criteria.
• Following a competitive tendering procedure, suppliers whose tenders were assessed must generally receive an assessment summary explaining the assessment of their tender before the Contract Award Notice is published.
• Supplier Registration: For covered procurements, suppliers use the Central Digital Platform to register and provide the core organisational information required for procurement. From April 2026, supplier identifiers are also required when contracting authorities publish Contract Details Notices for notifiable below-threshold awards.
• Debarment List: A central exclusion list of suppliers who meet mandatory or discretionary exclusion grounds will be maintained.

Thornton & Lowe Support

At Thornton & Lowe, we provide expert guidance to help businesses navigate the evolving procurement landscape. Our services include:

• Procurement Consultancy – We help suppliers and contracting authorities understand new regulations, ensuring compliance and maximising opportunities. Visit our Procurement Consultancy website for further detail.
• Supply Chain Engagement & Development – Supporting businesses in building effective partnerships and understanding procurement pipelines.
• Preliminary Market Engagement (PME) – Helping suppliers engage early in the tendering process, influencing procurement decisions and improving bid readiness.
• Tender Writing & Training – Providing professional bid writing services, workshops, and training sessions to enhance your success rate in securing public contracts.

Whether you need tailored bid support or strategic procurement advice, our team is here to assist. Contact us today to stay ahead in the new public procurement landscape.

Supplier Considerations

• Lotting Requirement: Authorities must assess whether contracts can be split into smaller lots and justify if they do not.
• Barriers for SMEs: Authorities must assess and remove unnecessary barriers for SMEs.
• Social Value and Sustainability: Buyers may include social value, environmental or wider policy outcomes within a procurement where these are relevant and reflected in the award criteria. Suppliers should check the specific tender rather than assume the same weighting or requirements will apply to every opportunity.
• Prompt Payment Focus: Authorities must confirm compliance with 30-day payment rules, helping SMEs maintain cash flow.
• Contract Performance: For applicable public contracts over £5 million, authorities must generally set and report against key performance indicators unless an exemption applies. Contract Performance Notices can also be triggered by certain instances of poor performance or breach.
• Managing Contract Adjustments: Any contract changes due to shifting requirements must be documented to maintain transparency.
• Payment Transparency: UK17 Payments Compliance Notices report payment performance every six months. For applicable public contracts procured from 1 April 2026 onwards, authorities also publish quarterly information on individual payments over £30,000.