Understanding the Procurement Act 2023: What It Means for Adult Social Care Providers
The Procurement Act 2023 has reshaped how public sector contracts are advertised, evaluated and awarded across England. For adult social care providers, the impact goes far beyond procurement processes. The new framework raises expectations around governance, transparency and evidence in tender submissions. Practical guidance within the Procurement Act 2023 knowledge library and the wider Governance & Leadership guidance series highlights a clear message for providers: successful organisations will be those able to demonstrate structured leadership, credible governance and real operational evidence.
Why the Procurement Act changes the commissioning landscape
The Procurement Act 2023 replaces older EU-derived procurement regulations with a more flexible but more transparent system. Contracting authorities are encouraged to design procurement processes that prioritise value, accountability and delivery capability rather than simply procedural compliance. For adult social care providers, this means tenders are becoming more focused on demonstrable outcomes, governance discipline and credible operational models.
Commissioners now expect providers to show how services will operate in practice. This includes how leadership oversees delivery, how risk is managed, how safeguarding concerns are escalated and how quality improvement is monitored over time. The emphasis has shifted away from theoretical commitments toward practical evidence of governance in action.
Operational example: adapting tender preparation under the new regime
A domiciliary care provider responding to a local authority recommissioning exercise noticed that tender questions under the new procurement framework required greater clarity around governance. Instead of simply asking providers to describe policies, the authority asked for examples of how quality issues were identified, escalated and resolved.
The provider adapted its approach by linking its governance framework directly to operational practice. Governance meetings reviewed incident themes monthly, quality audits triggered action plans and safeguarding concerns were escalated through a defined leadership structure. By describing these mechanisms clearly and referencing real examples from recent service delivery, the provider strengthened its submission.
The change was significant. Rather than presenting governance as a static policy set, the provider demonstrated a live leadership system. Evaluators were able to see how governance operated day to day and how it improved service outcomes.
Operational example: governance evidence in supported living tenders
A supported living organisation preparing bids under the new procurement framework discovered that governance evidence was being scored more heavily than before. Commissioners were particularly interested in how leadership maintained oversight across multiple services.
The organisation introduced a structured governance reporting model linking service-level audits, incident reviews and service-user feedback into a quarterly governance meeting chaired by senior leadership. This ensured themes were tracked consistently and improvement actions were monitored across the organisation.
Effectiveness was evidenced by clearer audit trails, improved reporting to leadership and more consistent learning between services. The governance model became a central part of the organisation’s tender narrative.
Operational example: using governance systems to demonstrate delivery credibility
An established residential care provider responding to a regional framework found that commissioners were asking for examples of how leadership maintained control of risk across the service. Instead of relying on general statements, the provider described its governance systems in detail.
The governance framework included a risk register reviewed monthly, quality audits across key service domains and structured incident review meetings involving the Registered Manager and senior leadership. This ensured safeguarding issues, medication incidents and staffing risks were monitored and acted on consistently.
The tender response explained how these governance systems helped identify trends and drive improvement. This operational detail helped evaluators understand that the provider’s governance model supported real delivery rather than simply documenting compliance.
Commissioner expectation: evidence of governance and delivery capability
Commissioner expectation: Under the Procurement Act 2023, commissioners are increasingly focused on delivery credibility. Providers are expected to demonstrate how governance systems monitor quality, escalate risk and support continuous improvement. Strong submissions typically combine clear governance structures with operational examples that show those systems working in practice.
Regulator / Inspector expectation: governance must support safe and effective services
Regulator / Inspector expectation: Although procurement and regulation operate separately, CQC expectations strongly influence commissioning decisions. Inspectors and commissioners alike expect leadership to demonstrate clear oversight of safety, safeguarding and quality. Governance systems that provide transparent audit trails, clear escalation routes and evidence of learning are therefore particularly persuasive.
Preparing for the future commissioning environment
The Procurement Act 2023 has introduced a more transparent and outcome-focused commissioning landscape. Providers who adapt quickly will benefit. This means strengthening governance frameworks, improving evidence collection and ensuring leadership systems are visible and credible.
For adult social care providers, success under the new regime depends less on procedural familiarity and more on operational credibility. Commissioners want to see organisations that understand risk, manage quality and demonstrate clear leadership accountability. Those providers will be best positioned to succeed in future tenders.