The Procurement Act 2023: What It Means for Major Projects
In this episode of the Major Projects Association podcast, host Nicky Wright, Partner at Gardiner & Theobald, is joined by Kate Gough and Rob Colvin of Freshfields to unpack the Procurement Act 2023, the most significant reform of the UK’s public procurement regime in a generation.
Together, they explore the motivations behind the new Act, including the desire to simplify a complex EU-derived system and harness the UK’s £341 billion in annual public procurement spending to deliver better outcomes for taxpayers. From contract performance and transparency requirements to expanded exclusion and debarment rules, the discussion highlights how the Act reshapes the relationship between contracting authorities and suppliers.
The conversation delves into the introduction of Key Performance Indicators for high-value contracts, the creation of a national debarment list, and the greater scrutiny and accountability now built into the procurement process. Kate and Rob also discuss the practical implications for bidders, from understanding new grounds for exclusion, to navigating direct awards and bid challenges under a redefined legal landscape.
Looking ahead, the conversation turns to how future consultations may extend these reforms, especially around prompt payment provisions and defence procurement, reflecting the UK’s growing emphasis on value, agility, and national security in public contracts.
As Nicky notes, success under the new regime depends on preparation: understanding the rules, investing in compliance, and building capability well before the next tender hits your desk. This is essential listening for anyone involved in bidding, delivering, or governing public contracts under the new procurement framework.
Links
Accompanying blogs:
The Procurement Act 2023: A New Regime for Exclusion and Debarment
The Procurement Act 2023: An Updated Regime for Direct Awards
‘Trends in major project procurement’ event information, Highlights Report and Full Report
Kate Gough
Kate is a partner in the Global Projects Disputes Practice and head of the UK public procurement team at Freshfields. She specialises in complex contentious and non-contentious public procurement, construction and infrastructure matters. She has significant experience of advising public and private sector clients on all elements of public procurement law and policy, including designing, implementing, participating in and challenging public tender processes. She has a Master’s degree in public procurement law and policy and is on the Board of and a frequent contributor to the Public Procurement Law Review.
‘Kate is brilliantly insightful and able to explain legislative changes in a concise way.’ Chambers UK 2026
Connect with Kate on LinkedIn.
Robert Colvin
Robert is a Senior Associate and Solicitor-Advocate in the global projects and public procurement practices at Freshfields. He advises clients on a range of public procurement mandates and acts for clients in all forms of dispute resolution with a focus on the defence, technology, construction, engineering, infrastructure and energy sectors. Robert also sits as an arbitral tribunal secretary and is a CEDR Accredited Mediator. He regularly publishes thought leadership pieces, including in the Construction Law Journal and with the Society of Construction Law.
Connect with Robert on LinkedIn.
Nicky Wright
Nicky Wright is a Partner at Gardiner & Theobald LLP focusing on creating and driving supplier resilience across Major Projects. She has worked across both public and private infrastructure covering many sectors across the built environment. She works with clients to ensure that the capability, capacity and appetite of suppliers are actively considered throughout the commercial lifecycle. She aims to implement a market led approach by utilising the expertise of UK suppliers and trade associations to drive appropriate commercial strategies. She is also a Board Member of the British Aviation Group.
She has a Masters in Civil & Environmental Engineering, and a MSc in Construction Economics from the Bartlett School at UCL having researched Modern Slavery within the construction industry.
