With the Procurement Act 2023 now in force, understanding how to run a compliant and transparent procurement process does need a little more work on the basis of getting your head around the new regulations.

One of the critical elements in achieving this is issuing the right tender documents at the right time. When managing an above-threshold process, the suite of documents you prepare forms the backbone of  successful tender – and can shield you from challenges down the line.

It’s also exceptionally important because your tender documents really can ‘showcase’ your contract opportunity to your potential bidders. With contractors often having more tenders than resources to submit bids, they will cherry pick and if your documentation is clear, detailed, professional and compliant you stand a much better chance of being one of the contracts they bid for.

Below, we outline some key tender documents required, the functions they perform, and the supporting materials often needed to ensure your process is robust and legally compliant. These documents relate to what we use in the Competitive Flexible Procedure but some of them will also be useful if you’re running an Open Procedure or even using a framework.

1. Memorandum of Information (MoI)

Focus: The Contract Being Tendered

The Memorandum of Information (MoI) is the first impression potential suppliers will get of your procurement. It provides general, high-level information about the opportunity – what the project is, the context, your school or Trust’s goals, and any overarching contractual requirements. It also contains detailed information on your current service provision and, importantly, what you envisage/require for your future service provision via the new (or reappointed) contractor.

What’s typically included in an MoI:

• Background to your organisation and project
• Overview of the procurement timeline
• Contract term and value
• Legal and regulatory context (including compliance with PA2023)
• Instructions on how to express interest

In a catering tender for example, the MoI not only includes background context but a detailed scope of services, tariff expectations, service delivery standards, facility access, site plans, and information around healthy eating, sustainability, and student engagement. This level of detail ensures suppliers fully understand what is being asked and can prepare meaningful proposals.

As the saying goes; “garbage in, garbage out”. If your tender documents and supporting Appendices don’t clearly outline your requirements, you will certainly get a service from your contractor, but it might not be the one you were hoping for!

Why it matters under PA2023:
Transparency is a cornerstone of the new Act. A clear MoI helps ensure fairness and accessibility, especially for SME bidders.

2. Procurement Specific Questionnaire (PSQ)

Focus: The Bidder (looking back)

The PSQ is sometimes called the Participation Stage. This stage covers mandatory and discretionary exclusion grounds to help you assess whether a bidder is an ‘Excluded’ or ‘Excludable’ supplier and applies the conditions of participation outlined in the Procurement Act 2023. It requires suppliers to register on the Central Digital Platform (CDP), declare associated persons, and provide detailed compliance statements on topics such as anti-competitive behaviour, conflicts of interest, and financial standing. It also outlines how responses will be evaluated to shortlist bidders for the ITT stage. You can have both ‘pass/fail’ questions as well as those that are evaluated such as ‘DBS and safeguarding’ or ‘Technical and Professional Ability’. Always ensure that any qualitative questions have a scoring methodology and evaluation criteria detailed within the PSQ. Also that they are relevant to the contract being tendered.

Previously known as the Selection Questionnaire (SQ), the PSQ is where you assess the suitability of suppliers before evaluating their tender submissions. It focuses on the who, not the what.

Typical areas covered:

• Business and financial standing
• Relevant experience and references
• Insurance levels
• Compliance with exclusion grounds (e.g. modern slavery, criminal convictions)
• Capability and capacity to deliver

PA2023 Tip:
You cannot require certain documents (like full accounts or insurance certificates) up front, particularly from SMEs. The PSQ must be proportionate.

3. Invitation to Tender (ITT)

Focus: The Bid (looking forward)

The ITT provides bidders with a structured format covering evaluation criteria, specific response limits, and detailed service expectations. We limit responses by word count to encourage a more succinct, bullet-point response. We group questions under themes like Menu, Marketing, Implementation, Pricing, and Environmental CSR for catering tenders or Mobilisation, Equipment, Health & Safety, Methodology, and Staffing for cleaning tenders.

The scoring system needs to be transparent, and bidders should be given a financial scoring formula tied to proposed subsidies and tariffs (for catering) or the cost of service (for all other types of tenders). We also reinforce that responses must align with the MoI content and how they are to be submitted – in our case via the e-tendering platform (In-tend).

Once you’ve shortlisted suppliers through the PSQ, the ITT is your chance to tell them
exactly what you’re buying and how their bid will be evaluated.

The ITT typically includes:

• Instructions on how to submit the bid
• Award criteria and weightings (aligned with the ‘Most Advantageous Tender’ principle)
• Timetable and deadlines
• The qualitative questions bidders are required to respond to
• A mechanism for submitting their bid pricing

PA2023 Compliance:
In some circumstances the Act does allow you to amend evaluation criteria or scoring methodologies. However, as the saying goes “just because you can, doesn’t mean you should” and we would recommend against making such changes unless a) they are allowed for in the Act, b) you detailed in your Tender Notice that you might make such changes and c) they really are essential to support the outcome of the tender process.

4. Supporting Appendices

The following is not an exhaustive list of appendices but should give you a fair idea of what supporting documents you should be providing to bidders for all contract types:

• TUPE information (for staff transfers)
• Shift patterns of hours worked
• Site plans and access information
• Equipment lists
• Safeguarding and DBS requirements
• KPIs (either draft or as a bidder-led proposal)
• Health & safety obligations
• A draft legal agreement

These enrich the core tender documents and allow bidders to tailor their approach accurately.

Depending on the nature of your procurement, additional appendices should be included to give bidders a complete picture.

These might include:

• Dietary requirements e.g. vegetarian and nut-free environment (catering)
• Historical sales data/revenue (catering)
• Cashless payment system integration details (catering)
• A Statement of Requirements or technical specification (ICT Managed Services and/or payroll and HR admin and consultancy services)
• Asset registers (for ICT or Planned and Preventative Maintenance contracts)
• Cleaning schedules/specifications
• Grounds maintenance maps
• ICT strategy documents
• Environmental policies e.g. Carbon reduction plans, Net Zero targets, recycling policies

A note on KPIs:
Issuing KPIs as part of your tender pack is not enough to make them contractually binding – they must be embedded within the legal contract. In addition, under the new Act if you contract is valued at >£5m you will be required to publish three KPIs and then report annually on the contractor’s performance against them (this does not apply to catering which are Light Touch contracts).

5. Contract Documentation

A draft legal agreement is issued with the Memorandum of Information, allowing all bidders to submit on equal terms. The tender requires suppliers to accept terms upfront, which mitigates the risk of post-award challenges. It also ensures fairness and prevents manipulation or negotiation post-award. All bidders must be evaluated on the basis of the same agreement.

Under the new Act, as well as publishing a set of KPIs for contract awards over £5m, you will also need to publish the final signed (redacted) contract – this is for all contracts including catering.

Final Thoughts

As the Procurement Act 2023 embeds principles of transparency, fairness, and proportionality into public procurement, getting your documentation right is no longer just good practice – it’s a legal requirement.

The three core documents – the MoI, PSQ, and ITT – form the foundation of your process, while supporting appendices and contract documents provide essential detail. Invest time in getting these right and involve stakeholders early. Remember: the better your tender documents, the better your outcomes.