Our EN:Connect training series is back – and we kicked off with a strong start. On Tuesday 8th October, EN:Procure members joined the first session of our free, expert-led Procurement Act 2023 training programme, delivered by procurement law specialist Kieran McGaughey.
The session explored the latest changes under the new legislation, with a particular focus on framework agreements and the introduction of dynamic markets. Kieran provided clear legal guidance, practical insights, and answered a wide range of excellent questions from attendees.
This was the first in a six-part training series, running until the end of the year, designed to help members navigate the new procurement regime with confidence and clarity. Each session is free to attend for EN:Procure members and takes place online via Microsoft Teams.
Five Key Takeaways from Session One
1. Framework Agreements: More Than Just a Contract
Kieran reminded us that a framework agreement is not a one-off contract but a structure for future call-offs. Understanding how frameworks are set up—particularly around managing performance, termination and novation—is essential for compliance and effective delivery.
2. Transitional Rules Still Apply
Frameworks established under the Public Contracts Regulations 2015 (PCR 2015) must still follow those rules, even though the new Act is now live. A practical suggestion was to use internal identifiers such as colour codes or reference numbers to help distinguish between frameworks governed by different legal regimes.
3. Compliance is a Shared Responsibility
Whether establishing or using a framework, every contracting authority has legal obligations. If your organisation is setting up the framework, you’re responsible for ensuring it is compliant. If you’re calling off from it, you must ensure it is used in line with its original scope and terms. Non-compliance is still challengeable.
4. Open Frameworks and Dynamic Markets Introduced
The new legislation introduces more flexible tools, including open frameworks (lasting up to 8 years with the option to reopen) and dynamic markets (a replacement for Dynamic Purchasing Systems). These changes aim to improve supplier access but come with additional requirements for timing, pricing and publication.
5. Common Pitfalls to Avoid
Kieran highlighted key risks to watch out for, including:
Exceeding the total value of the framework
Not following the advertised mini-competition or direct award process
Inadequate legal review of order forms and call-off terms
Failing to publish mandatory notices
The message was clear: strong governance, clear templates, and robust internal processes are key to staying compliant.
Additional Insight
Call-offs from a framework can legally extend beyond its expiry date, as long as the award is made before the framework ends. However, transparency and other legal duties still apply.
Upcoming Session: EN:Connect Procurement #2
The series continues with Session Two: Effective Pre-Engagement, Conditions of Participation, Debarment and Exclusion on:
Date: Monday 21 October
Time: 10:00 AM – 12:00 PM
Location: Microsoft Teams
Kieran McGaughey will return to provide practical guidance on:
Engaging with suppliers early in the process
Setting compliant and proportionate conditions of participation
Understanding statutory rules around debarment and exclusions
Applying the legislation in real-world scenarios
This training is part of our six-part EN:Connect Procurement Act 2023 series, running until the end of the year, and designed to equip members with the knowledge and tools needed to apply the new rules with confidence.
Interested in attending?
Get in touch to request your invitation and secure your place.
EN:Procure
EN:Able Futures
EN:Able Communities