Question to the Cabinet Office:

To ask the Minister for the Cabinet Office, whether the Government has considered establishing a low-cost, specialist tribunal or ombudsman to handle procurement disputes more quickly and affordably than the current High Court process; and what assessment he has made of the potential impact of such a body on (a) improving access so that more SMEs can challenge procurement decisions and (b) deterring unlawful decision-making.

At present, the Cabinet Office has two free services to address procurement concerns.

The Procurement Compliance Service (PCS) investigates contracting authorities’ compliance with the requirements of the Procurement Act 2023 and, where appropriate, may issue recommendations and/or guidance. Generally, the PCS considers potential non-compliance at systemic and institutional levels.

The Public Procurement Review Service (PPRS) helps to protect suppliers, and potential suppliers to the public sector, by providing a free, anonymous, and confidential way to report poor public sector procurement practices, including contract management issues and late payment issues. PPRS considers specific instances of poor practice.

Both services aim to improve access for SMEs by giving them a more accessible route to raise concerns and are intended to improve procurement practices in the long term. Specific PPRS reviews may lead to reconsideration of decisions being made during live procurements only.

As part of the package of reforms I announced on 26th March, the Cabinet Office is reviewing the entire procurement process to find ways to open up more government contracts to SMEs and British Businesses. We will issue new guidance on government procurement reforms shortly.