The selection stage under the Procurement Act 2023

In this webinar, recorded on 11 January 2024 as part of our Five in Twenty Five countdown series, procurement law experts from Mills & Reeve look at the impact of the Procurement Act 2023 on the selection stage of procurement and answer key questions.

While explaining how the Procurement Act 2023 affects the selection stage, our procurement law experts answered five key questions in the webinar: 

  1. Do we always need to run a selection phase?
  2. Can we amend the conditions of participation once the procurement has started?
  3. When can we exclude a bidder for poor performance?
  4. Will a supplier who is excluded from a procurement automatically be added to the debarment list?
  5. What are the rules on setting conditions of participation under the Act? May we use project-specific questions?

You can watch the recording and read answers to questions from the webinar below.

Recorded on 11 January 2024. For the third of our 5 in 25 Countdown series we are looking at the impact of the Procurement Act 2023 on the selection stage of the procurement.


  • Jenny Beresford-Jones

    Senior Legal Advisor

    Jenny Beresford-Jones

    Senior Legal Advisor

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Key questions and answers

Several questions were raised during the session, which we have anonymised and answered below. 

Please note that the responses provided represent the general views of the public procurement team at Mills & Reeve, however they should not be relied on or treated as a substitute for specific advice relevant to a particular scenario/matter. If you require specific legal advice, our procurement team would be happy to discuss this further with you.

In this information, our view is based on the Procurement Act 2023 (the “Act”) together with the draft regulations accompanying it, which are not yet in final form. The position set out in this note may therefore be subject to change.

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