The Cma's New Procurement‑screening Tool (UK, 2026): What Suppliers & Contracting Authorities Must Do

The Competition and Markets Authority’s procurement‑screening tool is now central to how public procurement in the UK is policed for anti‑competitive conduct. Introduced alongside the Procurement Act 2023’s exclusion and debarment framework, the procurement screening tool UK programme uses algorithmic analysis of bidding data to identify patterns consistent with bid‑rigging, market allocation and cover pricing. For suppliers bidding for public contracts, the tool creates a new layer of compliance risk that demands proactive internal review. For contracting authorities, it changes the due‑diligence baseline and introduces notification obligations to the Procurement Review Unit (PRU) that did not previously exist.

Quick Summary, What This Tool Means for Suppliers and Contracting Authorities

The CMA procurement screening programme is designed to detect suspicious bidding behaviour across public procurement markets before, during and after contract award. According to the CMA’s published guidance, the tool draws on structured procurement data, including tender submissions published through Find a Tender and historical Contracts Finder records, and applies algorithmic screening techniques originally developed through the CMA’s research into bid‑rigging detection algorithms.

For suppliers, the immediate action is straightforward but urgent: review your bidding history and internal compliance controls, ensure your tender declarations are accurate and complete, and confirm you do not fall within the Procurement Act 2023’s mandatory exclusion grounds. For contracting authorities, the priority is to update tender documents and internal procedures to reflect the new exclusion and debarment regime, ensure data submitted to Find a Tender is complete and structured, and understand when and how to notify the Procurement Review Unit.

Industry observers expect that the practical effect of CMA procurement screening will be to make bid‑rigging in UK public markets significantly riskier, while simultaneously placing a greater administrative burden on both buyers and bidders to maintain auditable compliance records.

What the CMA Procurement‑Screening Tool Is, and How It Works

What is the CMA procurement‑screening tool and when does it apply? The tool is an analytical capability operated by the Competition and Markets Authority to proactively identify potential competition law infringements, primarily bid‑rigging, cover pricing and market allocation, in public procurement markets across the United Kingdom.

The CMA has invested in algorithmic screening methodologies since publishing its report on bid‑rigging algorithms, which demonstrated that statistical techniques can detect anomalous bidding patterns with a high degree of reliability. The procurement screening tool UK programme operationalises those techniques at scale, running automated checks across datasets that include tender submissions, contract award notices and pricing data collected through public procurement platforms.

Data Sources and Privacy

The screening tool draws on several data sources available to the CMA:

• Find a Tender Service. The UK’s central platform for publishing above‑threshold contract notices, which replaced the EU’s OJEU system. Contracting authorities are required to publish opportunity notices, award notices and contract details here, creating a structured dataset the CMA can analyse.
• Contracts Finder. The complementary platform for lower‑value public contracts in England, which captures tender information for contracts above £12,000 (central government) and £30,000 (sub‑central).
• Central Digital Platform and Supplier Registration Service. The Cabinet Office’s registration system for suppliers, which captures corporate information, declarations and self‑certifications that feed into both procurement processes and screening analysis.
• Referrals from contracting authorities. Authorities may refer concerns about suspicious bidding patterns directly to the CMA, which can then investigate and cross‑reference against broader datasets.
• Financial viability risk assessment (FVRA) data. Where contracting authorities use the FVRA tool recommended by the Procurement Pathway, the resulting financial and performance data may contribute to risk profiles that complement CMA screening outputs.

Privacy safeguards apply. The CMA processes data in accordance with its published data protection policies and does not routinely share individual screening results with contracting authorities unless an investigation is formally opened.

CMA Decision Flow: Screen to Investigation

The CMA’s internal process follows a structured escalation path. Automated screening produces risk flags, which are reviewed by CMA analysts. Where a flag meets the internal threshold for further inquiry, the CMA may open a preliminary assessment or, in more serious cases, a formal investigation under the Competition Act 1998. Early indications suggest the CMA is prioritising sectors where public procurement spend is concentrated and where bidder pools are small enough to facilitate collusion, including construction, facilities management, IT services and professional services.

Scope, Which Contracts, Suppliers and Behaviours Trigger CMA Procurement Screening

Which public contracts and suppliers are subject to procurement screening? In principle, any contract advertised through Find a Tender or Contracts Finder falls within the CMA’s screening scope. However, the likely practical emphasis is on above‑threshold contracts governed by the Procurement Act 2023, particularly those awarded by central government departments, NHS bodies, devolved administrations and local authorities.

Mandatory Exclusion Grounds Under the Procurement Act 2023

The Procurement Act 2023 introduces mandatory exclusion grounds that directly link competition law infringements to procurement consequences. According to the GOV.UK information note on exclusion and debarment on competition grounds, a supplier must be excluded from a procurement process where the supplier, or a connected person, has been found to have committed specified competition offences. These include:

• Cartel offences. Criminal convictions under the Enterprise Act 2002 for dishonest participation in cartel arrangements.
• Competition Act 1998 infringements. Decisions by the CMA (or sector regulators) finding infringement of the Chapter I prohibition or Article 101 TFEU (as retained), including bid‑rigging, price‑fixing and market sharing.
• Court judgments. Final court rulings confirming anti‑competitive conduct.

The Act also establishes discretionary exclusion grounds where there is evidence, but not yet a final decision, of anti‑competitive behaviour. This is the space where CMA procurement screening is most operationally significant: a screening flag may provide the evidential basis for a contracting authority to apply a discretionary exclusion.

Notification and Screening Obligations by Entity Type

Notification, Disclosure and Timing, Who Must Tell Whom, and When

Do suppliers need to notify the CMA before bidding on public contracts? The short answer is no, there is no general pre‑bid notification requirement for suppliers to notify the CMA of their intention to bid. However, suppliers must make truthful declarations in their tender submissions, and any failure to disclose a relevant competition infringement that constitutes a mandatory exclusion ground can result in the supplier being excluded at any stage of the process, including after contract award.

Supplier Disclosure vs Contracting Authority Notification

The distinction is critical. Suppliers disclose; contracting authorities notify. Suppliers are required to answer exclusion‑related questions in the tender process honestly and completely. If a supplier has been the subject of a CMA infringement decision, a criminal cartel conviction, or a court judgment finding anti‑competitive conduct, that information must be declared. Failure to declare can itself constitute a separate ground for exclusion.

Contracting authorities, by contrast, have an affirmative obligation to notify the Procurement Review Unit (PRU) when they take exclusion or debarment action, or when they become aware of information that may be relevant to the debarment register. The GOV.UK guidance on the Procurement Act 2023 establishes that contracting authorities must refer information about suppliers who meet mandatory exclusion criteria to the PRU.

Timeline and Triggers

The notification process follows a structured timeline. Key decision points include:

• Pre‑qualification / selection stage. Contracting authorities must check suppliers against exclusion grounds, including the debarment register, before shortlisting.
• Award stage. A final exclusion check must be conducted before contract award. If new information emerges (including from CMA screening), the authority must assess whether exclusion applies.
• Post‑award. If a mandatory exclusion ground comes to light after contract award, the contracting authority must assess whether the contract should be set aside, and must notify the PRU.
• PRU referral. When a contracting authority excludes a supplier on mandatory grounds, or identifies information relevant to a potential debarment, that information must be referred to the PRU promptly.

For suppliers bidding on public contracts, the practical takeaway is that disclosure obligations are continuous, they do not end at submission. If a CMA investigation is opened, or an infringement decision is issued, at any point during a live procurement or active contract, the supplier must update its declaration.

Practical Playbook for Suppliers Bidding for Public Contracts

How should a supplier prepare for a procurement‑screening assessment? The preparation should happen well before any individual tender. The CMA’s procurement screening tool UK programme operates in the background, and suppliers will not typically receive advance notice that their bids are being analysed. Preparation therefore means building permanent compliance infrastructure, not reacting to individual screening events.

Pre‑Bid Checklist

Every supplier regularly bidding for UK public contracts should maintain the following:

• Competition law compliance programme. A documented programme covering bid‑rigging, information exchange, cover pricing and market allocation. This should include staff training, a whistleblowing channel and a register of competitor contacts.
• Exclusion ground register. An internal register tracking any past or pending competition law investigations, infringement decisions, criminal proceedings or court judgments involving the company, its directors, or connected persons.
• Tender declaration review process. A sign‑off procedure requiring legal or compliance review of all exclusion‑related declarations before submission. Declarations should be reviewed against the exclusion ground register.
• Supplier Registration Service profile. An up‑to‑date profile on the Cabinet Office’s Supplier Registration Service, ensuring corporate information, ownership details and self‑certifications are accurate.
• Bid audit trail. Maintain records of how bids are priced, who was involved in bid preparation, and all communications with competitors, subcontractors and consortium partners. These records are essential if the CMA requests information following a screening flag.
• FVRA readiness. Prepare financial documentation in the format expected by the financial viability risk assessment tool. Contracting authorities increasingly use the FVRA at the selection stage, and incomplete or inconsistent financial data can itself raise screening flags.

If the CMA Contacts You, Immediate Steps

If the CMA makes contact following a procurement screening flag, the supplier should:

• Engage legal counsel immediately. Do not respond to CMA enquiries without legal advice. The nature of the contact, informal enquiry, section 26 notice (compulsory information request), or dawn raid, determines your rights and obligations.
• Preserve all documents. Implement an immediate document hold covering all records related to the relevant procurement, bid pricing, competitor contacts and internal communications.
• Assess leniency options. If the contact reveals potential exposure to a cartel or bid‑rigging finding, assess whether a leniency application to the CMA is appropriate. The CMA’s leniency programme can provide immunity from financial penalties for the first applicant.
• Review live tenders. If you have active bids in progress, assess whether disclosure obligations require you to update your tender declarations.
• Do not contact other bidders. Any contact with competitors about the CMA’s enquiry could itself constitute an infringement.

Template Disclosure and Response Language

Suppliers completing exclusion‑related tender declarations should use precise, factual language. A model disclosure for a past infringement might read:

“[Company name] was the subject of an infringement decision by the Competition and Markets Authority on [date], relating to [brief factual description]. The decision became final on [date]. [Company name] has since implemented a comprehensive competition compliance programme, details of which are available on request. [Company name] considers that its self‑cleaning measures satisfy the requirements of the Procurement Act 2023.”

The self‑cleaning provisions of the Procurement Act 2023 allow suppliers to demonstrate that they have taken sufficient remedial steps to mitigate the risk of future infringement. Self‑cleaning evidence should include details of the compliance programme, personnel changes, cooperation with the CMA, and any compensation paid.

Practical Playbook for Contracting Authorities

How should a contracting authority prepare for procurement screening and the new exclusion framework? Contracting authority compliance under the Procurement Act 2023 requires both procedural updates and a cultural shift toward more rigorous due diligence on competition law risks. The National Audit Office’s report on lessons learned in competition in public procurement highlighted that many authorities historically lacked the capability to identify bid‑rigging indicators, a gap the CMA screening tool is designed to address.

Tender Wording and Exclusion Clauses

Contracting authorities should update their standard tender documents to include:

• Explicit exclusion declarations. Require bidders to declare, at both selection and award stage, whether they or any connected person have been subject to a competition law infringement decision, criminal cartel conviction or court judgment.
• Self‑cleaning evidence requirements. Where a bidder discloses a past infringement but relies on self‑cleaning, specify the evidence required: compliance programme details, organisational changes, CMA cooperation records and compensation evidence.
• Continuous disclosure obligation. Include a contractual obligation requiring the winning bidder to notify the authority promptly if any mandatory exclusion ground arises during the contract term.
• Right to terminate. Include an express right to terminate the contract if a mandatory exclusion ground is identified post‑award and self‑cleaning is not established.

A model exclusion clause might read:

“The Supplier warrants that neither it, nor any connected person (as defined in the Procurement Act 2023), is subject to a mandatory exclusion ground. The Supplier undertakes to notify the Authority within five working days if any event occurs during the contract term that would constitute a mandatory or discretionary exclusion ground.”

Data Handling and Submitting Screening Data

Contracting authorities are not required to submit data directly to the CMA’s screening tool in all cases. The CMA draws primarily on publicly available procurement data published through Find a Tender and Contracts Finder. However, authorities can and should:

• Ensure data quality on Find a Tender. Publish complete and accurate contract notices, including all required fields. Incomplete data reduces the CMA’s ability to screen effectively and may result in follow‑up enquiries.
• Refer concerns proactively. If procurement officers identify suspicious bidding patterns, such as identical pricing, rotating winners, or unexplained bid withdrawals, they should refer these concerns to the CMA directly.
• Use the FVRA tool. The financial viability risk assessment tool available through the Procurement Pathway provides a structured framework for evaluating supplier financial health, which can complement competition risk assessments.

Notifying PRU and Record Keeping

The Procurement Review Unit sits within the Cabinet Office and is responsible for maintaining the debarment register under the Procurement Act 2023. Contracting authorities must notify the PRU when:

• They exclude a supplier on mandatory grounds. Notification should include the basis for exclusion, the evidence relied upon and any representations made by the supplier.
• They identify information relevant to debarment. Even if the authority does not itself exclude the supplier (for example, because the supplier is not bidding on their contract), any information suggesting a mandatory exclusion ground should be referred to the PRU.
• A supplier’s self‑cleaning claim is accepted or rejected. The PRU needs this information to maintain accurate records on the debarment register.

Authorities should maintain auditable records of all exclusion assessments, including the evidence considered, the reasoning applied and the outcome. These records may be needed if the exclusion decision is challenged, or if the CMA requests information in connection with an investigation.

CMA Enforcement Risks, Likely Outcomes and Remedies

When does CMA procurement screening trigger enforcement action? A screening flag does not automatically lead to enforcement. The CMA treats screening outputs as intelligence, not evidence. However, where screening identifies patterns consistent with anti‑competitive conduct, the CMA has a range of enforcement tools available.

Likely CMA Enforcement Actions

• Formal investigation. Under the Competition Act 1998, the CMA can open a formal investigation, issue compulsory information requests and conduct dawn raids. CMA enforcement in procurement cases can result in financial penalties of up to 10% of worldwide group turnover.
• Debarment recommendation. The CMA can recommend to the PRU that a supplier be placed on the debarment register, effectively barring the supplier from all public procurement for a specified period.
• Criminal prosecution. For the most serious cartel conduct, the CMA can prosecute individuals under the criminal cartel offence in the Enterprise Act 2002, which carries a maximum sentence of five years’ imprisonment.
• Director disqualification. The CMA can apply for competition disqualification orders against directors involved in anti‑competitive conduct.
• Settlement and commitments. In some cases, the CMA may accept commitments from suppliers to change their behaviour without proceeding to a formal infringement decision.

Interaction with Criminal and Civil Enforcement

Procurement screening can trigger parallel enforcement streams. A CMA investigation arising from screening may run alongside criminal proceedings brought by the Serious Fraud Office for related fraud offences, or civil damages claims brought by contracting authorities seeking to recover losses from overcharging. Industry observers expect the combination of algorithmic screening with the new debarment register to create a significantly more hostile enforcement environment for bid‑rigging in public procurement than existed under the previous regime.

Practical Templates and Next Steps

To help both suppliers and contracting authorities implement the changes discussed in this guide, the following practical resources are recommended:

• Supplier pre‑bid compliance checklist. A step‑by‑step internal review template covering exclusion ground checks, declaration accuracy, document retention and FVRA readiness. This resource is being developed as a downloadable asset, supplier checklist and template responses.
• Contracting authority tender clause template. Model exclusion and continuous disclosure clauses that can be incorporated into standard tender documents. A supporting playbook for contracting authorities is also in development, step‑by‑step tender document update guide.
• Financial viability risk assessment guidance. A practical walkthrough of the FVRA tool and its role in both procurement evaluation and CMA screening, FVRA deep dive.
• Supplier registration guide. For suppliers not yet registered on the Central Digital Platform, a practical guide is available: how to register as a supplier.

Organisations seeking tailored advice on how the procurement screening tool UK framework applies to their specific circumstances should contact an expert through Global Law Experts.

Conclusion

The CMA’s procurement screening tool UK programme represents a fundamental shift in how competition law enforcement intersects with public procurement. For suppliers, the era of treating tender declarations as a low‑risk administrative exercise is over, algorithmic screening means that bid patterns are being analysed at a scale and speed that manual review could never achieve. For contracting authorities, the Procurement Act 2023’s exclusion and debarment framework creates new obligations that require procedural changes, improved data quality and active engagement with the PRU.

The practical recommendation for both sides of public procurement is the same: build compliance infrastructure now, before a screening flag forces reactive action. Run internal audits of bidding history, update tender documents, train procurement and commercial teams on the new exclusion grounds, and ensure that the organisation can respond quickly and competently if the CMA makes contact.

This article provides general legal information and does not constitute legal advice. The application of the Procurement Act 2023 and CMA enforcement practices to individual circumstances requires specific professional advice. Readers should consult a qualified competition law practitioner before making decisions based on this guidance.

Sources

1. GOV.UK, Procurement Act 2023: Exclusion and Debarment on Competition Grounds
2. Competition and Markets Authority (CMA)
3. GOV.UK / Cabinet Office, Supplier Registration Service
4. GOV.UK, Find a Tender Service
5. National Audit Office, Lessons Learned: Competition in Public Procurement
6. UK Parliament, Select Committee on Competition in Public Procurement