Question to the Cabinet Office:

To ask His Majesty's Government, in the light of the Government Commercial Function’s report Raising standards: our ambition (17 May 2024), whether the Procurement Review Unit has powers to compel disclosure of procurement-related documents and conduct on-site audits of contracting authorities; and if not, whether they have conducted an assessment of the feasibility of amending the Procurement Act 2023 to grant such powers.

The Procurement Review Unit (PRU) has been established to exercise the procurement oversight powers set out in Part 10 of the Procurement Act 2023 (the Act). Part 10 comprises three provisions (sections 108-110) which provide for the investigation of a contracting authority’s compliance with the requirements of the Act, the issuing of recommendations to a contracting authority following an investigation and the publishing of statutory guidance to all contracting authorities.

Under section 108 (procurement investigations) the PRU can formally request, via notice, that a relevant contracting authority provide documents and give assistance in connection with the investigation, as is reasonable. The contracting authority has 30 days to comply with the notice.

The conducting of on-site visits to aid investigations may fall under the scope of “give assistance” and would be by mutual agreement between the PRU and the contracting authority. The circumstances giving rise to an on-site visit would have to be proportionate and relevant to the investigation. On-site audits or visits are not currently contemplated as part of a standard PRU investigation, and nor are we considering an amendment to Part 10 of the Act to provide such powers, although the procurement oversight powers and processes will remain under review as the new regime embeds.