The Procurement Act 2023 Explained for Care Providers

The Procurement Act 2023 explained for UK health and social care providers

Posted by the TenderLab Editorial Team on 13 August 2026. Last updated 13 August 2026.

The rules that govern how public bodies buy care changed on 24 February 2025. If your organisation bids for council-commissioned home care, supported living, supported housing or children's services, the Procurement Act 2023 now sets how those contracts are advertised, evaluated and awarded.

Most of the change is procedural rather than philosophical. The direction of travel toward more transparency, more weight on quality and social value, and more room for buyers to design their own process was already visible. But the mechanics are new, and the notices, procedures and award language in your next tender pack carry new names and new triggers.

This guide explains what changed, when, and what care, support, supported housing and children's services providers should do differently when they bid. It also covers the distinction that trips up care providers most: the Procurement Act 2023 is not the NHS Provider Selection Regime, and knowing which one applies changes how you respond.

At a glance

- The Procurement Act 2023 went live on 24 February 2025, replacing the Public Contracts Regulations 2015 in England, Wales and Northern Ireland. Scotland keeps its own regime.

- Award is now on the Most Advantageous Tender (MAT), replacing the Most Economically Advantageous Tender (MEAT), signalling that quality and social value sit alongside price.

- Two core procedures replace the old set: a single open procedure and a competitive flexible procedure that buyers design themselves.

- Many care contracts run under the light touch regime, which gives buyers more flexibility over process.

- A new suite of transparency notices runs across the contract lifecycle, published on a central digital platform, with the pipeline notice as an early warning of future demand.

- Providers must register on the platform, monitor the notices, prepare for MAT, keep exclusions and declarations clean, and check which regime each opportunity sits under.

What the Procurement Act 2023 is and when it started

The Procurement Act 2023 is the new legal framework for public procurement across England, Wales and Northern Ireland. It received Royal Assent in 2023 and came into force on 24 February 2025, replacing the Public Contracts Regulations 2015 (PCR 2015).

Scotland is not covered. It runs its own procurement regime, so a Scottish council contract follows different rules from an English or Welsh one.

The go-live date matters for a practical reason. Any procurement that started before 24 February 2025 continues under the old PCR 2015 rules until it concludes. So for a transitional period you will see live opportunities under both regimes at once. Check the tender documents to confirm which set of rules applies before you build your response, because the notices, timescales and award language differ.

The new award basis: Most Advantageous Tender replaces MEAT

The headline change to evaluation is the move from the Most Economically Advantageous Tender (MEAT) to the Most Advantageous Tender (MAT). The word "economically" has gone, and that is deliberate.

Under MEAT, many buyers defaulted to reading price as the dominant factor. MAT signals that quality, social value and wider benefit carry real weight in the award decision, not just headline cost. For care and support services, where outcomes depend on staffing, continuity and safeguarding rather than the lowest hourly rate, that reframing helps well-run providers.

In practice, the award criteria and their weightings are still set by the buyer for each procurement. MAT does not impose a fixed quality-to-price split. What it does is give buyers explicit licence to reward the bidder that delivers the best overall result. Your job is to evidence that quality in operational detail, not to assume the cheapest bid wins.

The new procedures: open and competitive flexible

The Act replaces the old menu of procedures with two main routes. Gone are the restricted procedure, competitive dialogue and competitive procedure with negotiation as separate named tracks.

The first route is a single open procedure: a one-stage process where any interested supplier submits a full tender against published requirements. It suits straightforward, well-defined services.

The second is the competitive flexible procedure: a process the buyer designs itself, within the Act's rules, to fit the contract. It can include multiple stages, dialogue, negotiation or demonstrations. For complex care, children's services or novel delivery models, expect buyers to use this flexibility.

The consequence for bidders is that you can no longer read the shape of the process from its name. Read the tender notice and the associated documents carefully to see how many stages there are, what is assessed at each, and when.

The light touch regime for social and health care services

Many care contracts run under the light touch regime, a lighter set of rules the Act keeps for specified social, health and education services. If you bid for these services, you will meet it often.

Light touch gives the buyer more flexibility over how it runs the procurement: on timescales, on the procedure, and on some of the process steps that apply to other contracts. It does not remove the core duties of transparency and fair treatment, and buyers still advertise and award through the standard notices.

For bidders, the message is caution rather than comfort. A light touch procurement can be run in several different ways, so you cannot rely on a standard template. Confirm the deadline, the evaluation method and the submission format from the specific documents each time, because the buyer has more room to set them as it sees fit.

Transparency and the notice pipeline

The Act builds a single transparency spine: a suite of notices published across the contract lifecycle on one central digital platform. Suppliers register their core details on that platform once and reuse them, rather than re-keying the same company information into every portal.

The notices follow the lifecycle. A pipeline notice signals a buyer's future demand ahead of any tender. A preliminary market engagement notice flags early engagement with the market. A tender notice advertises the live opportunity. Contract award and contract details notices record who won and on what terms. Performance information follows during delivery.

Two points matter for providers. First, the pipeline notice is an early-warning tool. Larger contracting authorities publish these to flag significant upcoming procurements, giving you months of lead time to plan a bid and line up staffing evidence before the tender lands. Monitor them.

Second, for contracts over £5m, buyers must set and publish key performance indicators (KPIs) and publish assessments of performance against them. Win a large contract and your delivery becomes a public record that shapes how you are viewed at the next tender.

The National Procurement Policy Statement and social value

The Act requires the government to publish a National Procurement Policy Statement (NPPS) setting the strategic priorities that contracting authorities must have regard to. It sits above individual procurements and shapes what buyers are told to prioritise.

The priorities include social value and the wider economic, social and environmental benefit a contract can deliver, alongside support for small and medium-sized enterprises (SMEs) and voluntary, community and social enterprise (VCSE) organisations. Many care providers are SMEs or VCSEs, so this is a tailwind, but only if you can evidence it.

The takeaway is practical. Treat social value as a scored, evidenced part of your bid, not a bolt-on. Name the local jobs, training, community partnerships and environmental commitments you will actually deliver, and show how you will measure them.

Exclusions and debarment

The Act introduces a revised exclusions regime and, for the first time, a central debarment list. Suppliers can be excluded from a procurement on mandatory or discretionary grounds, covering matters such as serious misconduct, certain convictions and poor past performance.

The debarment list is a central register of suppliers that must or may be excluded from future contracts. Being placed on it has consequences well beyond a single bid.

For providers, the message is straightforward. Keep your compliance clean and your declarations accurate. Answer the exclusion questions honestly, keep your regulatory record with CQC or Ofsted, your insurance, tax and health and safety position in order, and correct problems before they become disclosable. An avoidable exclusion loses the contract before your quality answers are even read.

Procurement Act 2023 versus the NHS Provider Selection Regime

This is the distinction care providers get wrong most often, so treat it as a gate.

The Procurement Act 2023 and the NHS Provider Selection Regime (PSR) are two separate regimes. The PSR was made under the Health and Care Act 2022 and went live on 1 January 2024. It governs how NHS bodies, and in some joint arrangements local authorities, commission clinical health care services. It sits outside the Procurement Act 2023.

The rules differ in substance, so the first question on any opportunity is which regime it sits under. Get that wrong and you prepare for the wrong process.

As a rule of thumb, council-commissioned social care, supported living and housing-related support typically sit under the Procurement Act 2023. NHS-commissioned health care services often sit under the PSR. Some services and joint commissioning arrangements are less obvious, so confirm the regime from the published documents before you plan your response.

A playbook for care providers

Five practical moves put you on the front foot under the new regime.

1. Register on the central digital platform and keep your core supplier information current, so you are ready to bid the moment an opportunity opens.
2. Monitor pipeline and tender notices in your service areas. Treat the pipeline notice as your early-warning system and start preparation before the tender lands.
3. Prepare for MAT. Invest in the quality of your method statements and your social value offer, and evidence both with named systems, roles, timescales and measurable outcomes.
4. Keep exclusions and declarations clean. Maintain your regulatory, insurance, tax and health and safety records so nothing avoidable knocks you out.
5. Identify the regime early. Confirm whether each opportunity sits under the Procurement Act 2023 or the NHS Provider Selection Regime before you build your response.

Frequently asked questions

When did the Procurement Act 2023 start?

It went live on 24 February 2025. Procurements that started before that date continue under the Public Contracts Regulations 2015 until they conclude, so for a transitional period both regimes run side by side.

Does the Procurement Act 2023 replace the Public Contracts Regulations 2015?

Yes. It replaced PCR 2015 across England, Wales and Northern Ireland from 24 February 2025. The old regulations still govern any procurement that began before go-live, but new procurements follow the Act.

What is the Most Advantageous Tender (MAT)?

MAT is the new award basis, replacing the Most Economically Advantageous Tender (MEAT). Dropping "economically" signals that quality, social value and wider benefit weigh alongside price. Buyers still set the criteria and weightings for each contract.

What is the light touch regime?

It is a lighter set of rules the Act keeps for specified social, health and education services. It gives buyers more flexibility over timescales and process, so confirm the deadline, evaluation method and submission format from the documents every time.

Is the Procurement Act 2023 the same as the NHS Provider Selection Regime?

No. The Provider Selection Regime is a separate regime made under the Health and Care Act 2022, live since 1 January 2024, for NHS-commissioned health care services. Council-commissioned social care and housing support typically sit under the Procurement Act 2023 instead.

Does the Procurement Act 2023 apply in Scotland and Wales?

It applies in England, Wales and Northern Ireland. Scotland runs its own separate procurement regime, so Scottish public contracts do not follow the Act.

Work with a bid team that knows the new rules

The Procurement Act 2023 rewards providers who can evidence quality and social value in operational detail. That is what a strong bid demonstrates and a weak one merely asserts.

TenderLab is a sector-exclusive UK health and social care bid-writing consultancy. We hold a 92% win rate across more than 200 UK health and social care submissions. Our writers are evaluator-trained, and most began on the frontline of care before joining, so they know what a workable answer looks like in practice and how it scores. Every engagement includes a pre-submission review, and we are registered at Companies House under number 17184263.

If the new regime has left you unsure how to position your next bid, book a free consultation, whether or not we turn out to be the right fit. You can also read more about our bid writing and pre-submission review services.

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