The Procurement Act 2023 came into force on 24 February 2025 and now governs most public procurement in the UK. For a small software supplier, the most useful change is not a new opportunity but a set of limits: on asking for audited accounts, on requiring insurance before award, on pre-qualifying suppliers for smaller contracts, and on how long you can be kept waiting for payment. It also adds one obligation most SMEs have not yet met: registering on the Central Digital Platform.

This guide is for founders and bid leads at small software companies, and for the procurement officers who evaluate them. Every point below cites the section of the Act or the official guidance it comes from, so you can check it yourself.

The duty to think about SMEs

Section 12(4) requires a contracting authority, when carrying out a covered procurement, to have regard to the fact that small and medium-sized enterprises may face particular barriers to participation, and to consider whether those barriers can be removed or reduced. Section 86 applies a similar duty to regulated below-threshold contracts.

On its own, "have regard to" is a weak duty. It does not reserve contracts for SMEs or require a buyer to pick one. Its practical value is that it gives you a legal hook when a procurement contains an obvious barrier, such as a turnover requirement out of proportion to the contract. The specific rules below are where the teeth are.

What a buyer can and cannot ask of you

Under the Act, the tests a supplier must pass to be awarded a contract are called conditions of participation. Section 22 sets out what they can cover and where they stop.

In practice. If a tender for a modest software contract asks for three years of audited accounts from a company that is audit-exempt, or for professional indemnity cover to be in force at the bid stage, quote section 22(3) in a clarification question. Clarification questions are usually answered to all bidders, so you are often fixing the procurement for every small supplier, not just yourself.

Below-threshold contracts: no pre-qualification

Much of the work that suits a small software studio sits below the main procurement thresholds. From 1 January 2026, those thresholds for goods and services contracts are £135,018 for central government authorities and £207,720 for other contracting authorities, under Procurement Policy Note 023.

Below those figures, the Act's rules on "regulated below-threshold contracts" apply, and they are more favourable to small suppliers than many realise:

The Central Digital Platform

The Act replaced the old patchwork of notice websites with a Central Digital Platform, accessed through the Find a Tender service. Suppliers register their organisation there once, including whether they are an SME, and receive a unique identifier. The platform is free to use. Government guidance tells suppliers to share that identifier with the contracting authority before being awarded a contract, and the Procurement (Amendment) Regulations 2026 extend the requirement to suppliers awarded notifiable below-threshold contracts.

Two consequences matter for small suppliers. First, if you have not registered, you can win a competition and then stall at award. Second, the platform holds your core details so you do not have to retype them for every bid, which reduces one of the hidden costs of bidding that falls hardest on small teams.

The old Contracts Finder service is being wound down. Under the same 2026 amending regulations, from 1 October 2026 the remaining duties to publish notices there for procurements run under the old rules were either moved to the Central Digital Platform or removed. If your opportunity search still relies on Contracts Finder alerts, move it to Find a Tender.

Getting paid in 30 days, including as a subcontractor

Section 68 implies a term into most public contracts that sums due must be paid within 30 days of the authority receiving the invoice, or of the date payment falls due under the invoice if that is later. Section 73 implies the same 30-day term into subcontracts, so it flows down the supply chain. Section 88 applies equivalent terms to regulated below-threshold contracts.

This matters more to small software firms than it looks. Many SMEs reach public sector work as a subcontractor to a larger supplier, where payment terms used to be whatever the prime contractor chose. The 30-day term now travels with the work.

How you will be evaluated and watched

Central government spend targets

Procurement Policy Note 001, published in February 2025, requires central government departments, their executive agencies and non-departmental public bodies to set three-year targets for direct spend with SMEs from 1 April 2025, to be achieved in the financial year ending March 2028, and to publish results every year by 30 September. Equivalent targets for voluntary, community and social enterprises apply from 1 April 2026. NHS trusts and devolved authorities are outside its scope.

Targets do not award contracts. They do mean that a department's commercial team now has a published number to explain, which makes pre-market engagement with small suppliers more welcome than it used to be.

What to do this month

ActionWhy
Register on the Central Digital Platform and keep your unique identifier to handYou will be asked for it before award, including on notifiable below-threshold contracts
Move opportunity alerts from Contracts Finder to Find a TenderContracts Finder is being decommissioned
Keep a short clarification template quoting sections 22(3), 22(4) and 85Disproportionate conditions are often drafted by habit, and a polite citation usually fixes them
Check your subcontract terms against section 7330-day payment is implied into subcontracts of public contracts
Respond to preliminary market engagement notices, not just tender noticesThat is the stage where requirements, procedures and conditions are still being shaped

Where the Act does not help

The Act lowers barriers. It does not lower the bar. A small supplier still has to show it can deliver, keep data safe, and be there after go-live. Cyber Essentials remains mandatory for many central government contracts under PPN 014, buyers still ask for a data processing agreement, and a proposal that cannot name the people doing the work will still lose. The rules above make sure you are allowed to compete. Winning is still about the quality of the answer.

We are an SME supplier ourselves, and these are the rules we bid under. We wrote this because the most common mistake we see from small suppliers is not a weak bid. It is not challenging a condition the law no longer allows.