Construction Related Procurement Pas-91-2010-48e

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PAS 91:2010

Construction related procurement


– Prequalification questionnaires
PAS 91:2010

Publishing and copyright information


The BSI copyright notice displayed in this document indicates when the document
was last issued.
© BSI 2010
ISBN 9780 580 67 5980
ICS 03.100.10; 91.010.01
No copying without BSI permission except as permitted by copyright law.

Publication history
First published 1st October 2010

Amendments issued since publication

Date Text affected

© BSI October 2010


PAS 91:2010

Contents
Foreword ....................................................................................................... ii
Introduction ................................................................................................. iii

1 Scope .......................................................................................................... 1
2 Terms and definitions ................................................................................ 2
3 Rules for use of the question modules .................................................... 4

Annexes ......................................................................................................... 5
Annex A (normative) Prequalification questions – core modules . ............ 5
Annex B (normative) Prequalification questions – supplementary
modules ......................................................................................................... 13
Annex C (informative) Example of question module exemption
provision ........................................................................................................ 21
Annex D (informative) PAS 91 overview . .................................................... 23
Annex E (informative) Public sector buyers . ............................................... 31
Annex F (informative) Health and safety: SSIP and supplier capability . ... 33
Annex G (informative) Glossary of terms used in construction related
procurement . ................................................................................................ 34
Annex H (informative) Prequalification statistics ....................................... 35

List of tables
Table A.1 – Core question module A1: Supplier identity, key roles
and contact information .............................................................................. 5
Table A.2 – Core question module A2: Financial information.................... 7
Table A.3 – Core question module A3: Business and professional
standing ......................................................................................................... 8
Table A.4 – Core question module A4: Health and safety policy and
capability........................................................................................................ 9
Table B.1 – Supplementary question module B1: Health and safety
policy and capability – CDM co-ordinators and designers ......................... 13
Table B.2 – Supplementary question module B2: Equal opportunity
and diversity policy and capability . ............................................................. 15
Table B.3 – Supplementary question module B3: Environmental
management policy and capability . ............................................................ 17
Table B.4 – Supplementary question module B4: Quality management
policy and capability ..................................................................................... 19

© BSI October 2010 i


PAS 91:2010

Foreword
This Publicly Available Specification (PAS) has been developed by BSI in order
to specify the nature, content and format of a set of questions designed to test
compliance with the core criteria essential for prequalification for construction
tendering and to establish uniform requirements for their application and use.
It comes into effect in October 2010.
Acknowledgement is given to the organizations who This PAS is not to be regarded as a British Standard.
were involved in the development of this specification It will be withdrawn upon publication of its content
as members of the Steering Group. in, or as, a British Standard or if an equivalent
European standard is published.
• UK Department for Business, Innovation and Skills
• Office of Government Commerce The PAS process enables a specification to be developed
• Local Partnerships rapidly in order to fulfil an immediate need in industry
• London Borough of Tower Hamlets or in the wider community. A PAS may be considered
for further development as a British Standard, or
• Exor Management Services Ltd (Exor and
constitute part of the UK input to the development
SAFEcontractor)
of a European or International Standard.
• Constructionline
• Electrical Contractors’ Association (ECA)
• Specialist Engineering Contractors’ Group (SECG) Use of this document
• Safety Schemes in Procurement (SSIP)
It has been assumed in the preparation of this PAS that
• National House Building Council (NHBC)
it will be used by suitably qualified and experienced
• National Federation of Builders (NFB) people, for whose use it has been produced. It is also
• Federation of Master Builders (FMB) envisaged that use of the PAS could support training
• Value Wales activity.
• Central Procurement Directorate Northern Ireland.
• Civil Engineering Contractors Association (CECA)
• The Equality and Human Rights Commission Presentational conventions
The provisions of this PAS are presented in roman
Acknowledgement is also given to the members of (i.e. upright) type. Its requirements are expressed in
the wider Review Panel and Government Departments sentences in which the principal auxiliary verb is “shall”.
consulted in the development of this PAS.
Commentary, explanation and general informative
Additionally, the Office of Government Commerce, material is presented in smaller italic type, and does not
now part of the Efficiency and Reform Group within constitute a normative element i.e. the requirements to
the Cabinet Office, has participated directly in the be met if compliance with this PAS is to be claimed.
development of this PAS and supports its use.

BSI retains ownership and copyright of this PAS. BSI


Contractual and legal considerations
reserves the right to withdraw or amend this PAS on
receipt of authoritative advice that it is appropriate This publication does not aim to include all the
to do so. This PAS will be reviewed for accuracy, necessary provisions of a contract. Users are responsible
relevance and currency at intervals not exceeding for its correct application.
two years. Whilst it is envisaged that this PAS will
continue in publication beyond two years, any Compliance with this PAS cannot in itself confer
amendments agreed as a result of the review will immunity from legal obligations.
be included in an amended PAS, which will be
published and publicized in Update Standards.

ii © BSI October 2010


PAS 91:2010

Introduction
BSI/PAS 91 is a publicly available specification that The use of this set of common criteria by those who
sets out the nature, content and format of a set of provide prequalification services will help to streamline
questions on core criteria essential to prequalification tendering processes by:
for construction tendering. In addition to setting out • reducing the need for unproductive, repetitive
questions, the responses to which will be used to completion of a multiplicity of prequalification
assess supplier suitability, the specification includes processes;
requirements for the selection; presentation, and
• increasing consistency between various
application of core criteria in a transparent and
prequalification databases;
equitable manner. To be eligible for prequalification
it is necessary that suppliers demonstrate that they • facilitating the identification of suitably qualified
possess or have access to; the governance, qualifications and experienced suppliers;
and references, expertise, competence, health and • enabling the separation of criteria at the
safety/environmental/financial and other essential prequalification and contract award stages of the
capabilities necessary for them to undertake work procurement process.
and deliver services for potential buyers. These ‘areas
of capability’ are represented in the core question It is not suggested that inclusion on a prequalification
modules. database will necessarily guarantee an invitation to
tender or an engagement of services. It is recognized
that those seeking to have work done may choose
Core question modules to select prequalified tenderers or may decide to
advertise for tenders or expressions of interest for
PAS 91 contains prequalification question (PQQ) particular projects. However, with the growth of
modules that are universally applicable to assessing prequalification activity, it is suggested that by applying
the capability of all suppliers (Annex A), and additional for prequalification through a prequalification scheme
question modules that may also be required by that conforms to PAS 91, those seeking to tender
buyers (Annex B). It is assumed that the PQQ modules for construction contracts can access the tendering
will be utilized by those competent in construction processes in a resource efficient manner. For those
related procurement and that they will be aware that seeking to have contracts fulfilled, the use of PAS 91,
mandatory/ discretionary exclusion requirements either directly (through its application in self-generated
may apply. prequalification processes) or through the use of an
external prequalification assessment provider that
adheres to the requirements of PAS 91, will enhance
‘Project-specific’ and additional questions the effectiveness and efficiency of construction
(see also Annex E) tendering processes. Its use is therefore recommended
It is important to recognize that the information wherever construction-related prequalification is
obtained from applying PAS 91 does not remove a undertaken.
buyer’s legal or other requirements to make further
enquiries about the supplier’s capabilities, beyond
the questions in these modules, to satisfy specific
requirements for projects, services or other activities.

It is the intention that through the application of


PAS 91 to prequalification services and processes,
suppliers may prequalify at a time of their own
choosing, commensurate with meeting the
requirements of the tender process, and that
successfully meeting the prequalification criteria
will be recognized by all potential buyers that
recognize PAS 91.

© BSI October 2010 iii


PAS 91:2010

1 Scope

This publicly available specification (PAS) provides a Annex A – setting out questions that buyers are
set of questions to be asked by buyers of potential required to ask in all instances and that suppliers
suppliers to enable prequalification for construction are therefore required to answer.
related procurement. This PAS also specifies  able A1 Core question module A1 Supplier identity,
T
requirements for the consistent use of those key roles and contact information
questions, irrespective of the size or nature of the
 able A2 Core question module A2 Financial
T
contract. It is intended that the questions are also
information
used by assessment providers in their intermediary
role between buyers and suppliers.  able A3 Core question module A3 Business and
T
professional standing
It is widely recognized that excessive prequalification  able A4 Core question module A4 Health and safety
T
activity adds unacceptable cost, bureaucracy and policy and capability
confusion to the construction supply chain. Unnecessary
bureaucracy associated with prequalification diverts Annex B – setting out questions on ‘areas of supplier
both buyers’ and suppliers’ resources and attention capability’ that buyers frequently require answers to,
away from proportionate and effective risk for use when these are relevant.
management.  able B1 Supplementary question module B1 Health
T
and safety policy and capability – designers and CDM
Buyers and assessment providers should only require co-ordinators
suppliers to provide the minimum paperwork
 able B2 Supplementary question module B2 Equal
T
necessary to demonstrate that the suppliers can
opportunity and diversity policy and capability
provide a satisfactory response to the questions
in the PAS 91 modules.  able B3 Supplementary question module B3
T
Environmental management policy and capability
This PAS provides construction sector stakeholders Table B4 Supplementary question module B4 Quality
with prequalification questions (PQQs) that: management policy and capability.
• are the common questions that are relevant to
construction-related procurement’ and The questions provided are already widely asked
across a range of commonly applied construction
• increase the scope for recognition between various
related PQQs. This PAS provides for their use in a
types of PQQ activity, helping to significantly reduce
uniform manner.
duplication, unnecessary paperwork and cost for
both buyers and suppliers.
However, this PAS does not cover project-specific
questions to suppliers and buyers or assessment
The questions are presented in modules that cover
providers who may make additional project-specific
‘areas of supplier capability’ as follows:
enquiries whenever necessary.

1 © BSI October 2010


PAS 91:2010

2 Terms and definitions

Annex C Provides example of how the recognition of For the purposes of this PAS, the following definitions
sector schemes and UKAS accredited certification can be shall apply to the terms used in this specification.
used to further reduce the burden of prequalification.
Annex D Presents the rationale for the development
of this PAS and an overview of its approach. 2.1 area of capability
Annex E Addresses PQQ activity in the public and prequalification topic that enquires about the supplier’s
private sectors. capability – as defined by the relevant question module
Annex F Provides information on Safety Schemes in e.g. health and safety
Procurement (SSIP), in relation to health and safety
assessment.
Annex G Provides a glossary of terms used in 2.2 assessment provider
construction-related procurement. entity undertaking prequalification of suppliers as a
Annex H Provides examples of the effort and cost of service to both buyers and suppliers
completing prequalification questionnaires without
the benefit of the common questions and formats
provided in PAS 91. 2.3 buyer
client or other entity procuring the services of
PAS 91 has been developed to maintain and consolidate
supplier(s) contributing to the fulfilment of a
current standards and good practice in PQQ activity in
construction related contract
a manner that will reduce unnecessary proliferation of
questions and question formats so as to significantly
improve the cost-effectiveness of prequalification for
both buyer and supplier. This PAS specifies what is to
2.4 client
be asked in PQQs for construction-related procurement entity seeking or accepting the services of one or more
but not how the enquiry process is to be undertaken. suppliers as the first tier of a construction project
It is not intended to add to or ‘gold plate’ PQQ activity supply chain
or to raise requirements or standards beyond those
which are already widely accepted as good practice
in the construction sector. 2.5 supplier
entity intending to provide services and works for all
The scope and nature of what is generally regarded
or part of a construction related contract
as essential prequalification questions in relation to
construction related procurement may change over
time. For example, the formal inclusion of questions
relating to equality and human rights is seen as only
a first step in this topic area and it is intended that
the equality and diversity questions will be enhanced
in future. To ensure continued relevance, this PAS will
be reviewed and revised where necessary within two
years of publication, in accordance with the integral
provisions of the BSI PAS process.

© BSI October 2010 2


PAS 91:2010

Figure 1 – Illustration of client/supplier/buyer relationships and the role of assessment


providers in the application of PAS 91

Client (2.4)

PAS 91 questions or
assessment provider (2.2)

Supplier (2.5)

Buyer (2.3)

PAS 91 questions or
assessment provider

Supplier

Buyer

PAS 91 questions or
assessment provider

Supplier

Buyer

PAS 91 questions or
assessment provider

Note In a supply chain, each supplier will also be


a buyer, other than the supplier last in that chain
(i.e. not purchasing goods or services from others to
fulfil their commitment to the previous buyer in the
chain), who will be supplier only (see also Annex G
Glossary for explanation of sub-contractor). Figure 1
does not depict this entity. Supply chains can also
work in parallel with one another e.g. with multiple
suppliers working for one buyer.

3 © BSI October 2010


PAS 91:2010

3 Rules for use of the question modules

3.1 Application of question modules NOTE Ranking of questions should be avoided unless
required by the particular circumstances of a contract.
Buyers or assessment providers intending to apply the Any ranking of question modules considered necessary
provisions of this PAS to prequalification processes should be fair and equitable and not be used as a
shall: means to reserve contracts for those suppliers that
• apply the question modules presented in Annex A, may be preferred for reasons other than those
without addition to, or modification of, the provided for in this PAS.
individual questions, or apply requirement 3.3
(see also Annex C);
• at their discretion and where the module topic is 3.3 Use of alternative compliance
relevant, apply supplementary question modules evidence
selected from Annex B, or apply requirement 3.3. Where buyers or assessment providers decide to
Where Annex B question modules are applied these accept evidence of compliance with standards or
shall be used, without addition or modification; other assessment schemes (e.g. SSIP, ISO 9001) in lieu
• require from suppliers only that documentary of response to particular question modules they shall:
evidence that they consider essential for assessing • identify clearly the standards or schemes to be
supplier compliance with the PQQ, having particular accepted and;
regard to reducing documentary requirements on
• identify the question modules that do not require
micro-businesses.
responses if the supplier can show suitable evidence
of compliance.

3.2 Assessment criteria NOTE It is recommended that users give consideration


to accepting certification to recognized standards
The criteria used to assess supplier responses shall be or assessment schemes wherever appropriate. For
based solely on the information expected of suppliers example, it is recommended that the buyer accepts
in their response to questions in Annex A and B. a supplier’s UKAS-accredited third party certification
Buyers or assessment providers applying this PAS to (e.g. to OHSAS 18001 or ISO 14001) or European
their prequalification processes shall inform suppliers equivalents, as meeting the requirements of the
of any particular significance given to the assessment relevant question modules, without the need for
criteria to be applied, prior to their responding to the those modules to be answered separately.
questions (see tables in Annexes A and B).

© BSI October 2010 4


PAS 91:2010

Annex A (normative)
Prequalification questions – core modules

A.1 Application of core modules


The questions provided in Tables A.1 to A.4 shall
be included as specified in Clause 3, in every
prequalification questionnaire for which compliance
with this PAS is claimed.

Table A.1 – Core question module A1: Supplier identity, key roles and contact information

Q Ref. Information required Description of information expected, Unique reference


which will be taken into account to supporting
in assessment information

A1-1 Full name of organization Organization either tendering or acting as


lead contact where a consortium bid is
being submitted

Registered office address Property name, street name, town,


county, postcode

Company or charity
registration number

VAT registration number

Name of immediate parent


company

Name of ultimate parent


company

A1-2 Type of organization E.g. PLC, limited company, LLP, other


partnership, sole trader, other (please
specify)
If PLC, limited company or LLP please
provide Companies House registration
number

A1-3 Contact details for enquiries Contact name, title, email, telephone
number

A1-4 Company operating address Property name, street name, town,


( If different from that of county, postcode
registered office, provided
in response to A1-1)

5 © BSI October 2010


PAS 91:2010

Table A.1 – Core question module A1: Supplier identity, key roles and contact information (continued)

Q Ref. Information required Description of information expected, Unique reference


which will be taken into account to supporting
in assessment information

A1-5 Consortia and sub-contracting a) Your organization is bidding to provide


Please indicate either a), b) services required itself;
or c). b) Your organization is bidding in the role
of prime contractor and intends to use
third parties to use third parties to
provide some services;
c) The potential provider is a consortium.

A1-6 Staffing • How many staff does your organisation


employ (including consortia members
Please provide information
or sub-contractors where appropriate)
as to:
in total?
• How many staff does your organisation
employ relevant to the carrying out of
services and/or delivery of goods similar
to those required under this contract?
• If you need to take on additional
resources to deliver the contract, please
indicate by how many staff (approx).

© BSI October 2010 6


PAS 91:2010

Table A.2 – Core question module A2: Financial information

Q Ref. Information required Description of information expected, Unique reference


which will be taken into account to supporting
in assessment information

A2-1 Accounts and financial a) Copy of your audited accounts for the
statements most recent two years.
1. In respect of the b) Statement of your organizations
organization for which turnover; profit and cash flow for the
prequalification is sought most recent full year of trading or
(the supplier organization), where a full year of trading has not
please provide the financial been completed the same information
information described in for the period applicable.
a) through d) in the NOTE If this information is not available
adjacent column. in an audited format please provide an
2. In addition, where the end of period balance sheet or make the
supplier organization is a response specified at c).
subsidiary in a group, the
c) A statement of your organization’s cash
responses described in a)
flow forecast for the current year and
through c) are required for
a letter from your bank outlining the
the organization overall
current cash and credit position.
responsible for the group.
3. Where a consortium or d) Alternative means of demonstrating
association is proposed, financial status if trading for less than
the responses described at a year.
a) through c) are required
for each member of
the consortium.

A2-2 Insurance statement and Please confirm whether you have or would
certificates be willing to take out the appropriate level
of insurance cover as set out in the
Statement of Requirement if you are
successful in winning the contract?
• employers’ liability insurance
(does not apply to sole traders);

n Have n Willing to
• public liability insurance;

n Have n Willing to
• professional liability/ indemnity
(where design input);

n Have n Willing to
• product liability (for supplied goods).

n Have n Willing to
NOTE At the discretion of the buyer a minimum level for SMEs or new providers It is acknowledged that the
of turnover may be specified, however buyers should nature and extent of the accounts provided will be
avoid insisting on requirements which may not be commensurate with the business requirements and
proportionate or relevant to the procurement, or legal obligations of the supplier.
which may discriminate against or be burdensome

7 © BSI October 2010


PAS 91:2010

A.2 Responses to module A3 questions (See Table A.3)


Buyers shall require that suppliers, in their responses to
the questions in module A.3 make known all pertinent
information in respect of business related, criminal or
civil court judgements against them and identify any
ongoing or pending cases. (For public sector procurers,
please read Annex E).

Table A.3 – Core question module A3: Business and professional standing

Q Ref. Core question Example of the type of information in Yes No Unique reference
support of responses, which will be to supporting
taken into account in assessment information

A3-1 Has your company or


any of its Directors and
Please provide details. Responses will
be taken into account in assessing
n n
Executive Officers been the outcome of this prequalification
the subject of criminal application where the circumstances
or civil court action of the judgement are pertinent to
(including for future projects. They will not
bankruptcy or necessarily constitute a reason
insolvency) in respect for rejection.
of the business activities
currently engaged in,
for which the outcome
was a judgement
against you or them?

A3-2 Is your company or any


of its Directors and
Please provide details now and
notification of outcome, when
n n
Executive Officers the known. Responses will be noted
subject of ongoing or but will have no bearing on the
pending criminal or civil outcome of this prequalification
court action (including application unless or until a conviction
for bankruptcy or is confirmed. In the event that no
insolvency) in respect of notification of outcome is received,
the business activities subsequent enquiry may be made
currently engaged in? of the supplier.

A3-3 Has your company or


any of its Directors
Please provide details, including
the status of the required action.
n n
and Executive Officers Responses will be taken into account
been in receipt of as part of the assessment process.
enforcement/remedial
orders (such as those
in relation to HSE,
Environmental Agency
or HMRI enforcement),
in the last three years?

© BSI October 2010 8


PAS 91:2010

Table A.4 – Core question module A4: Health and safety policy and capability

Q Ref. Core question Example of the type of information in Yes No Unique reference
support of responses, which will be to supporting
taken into account in assessment information

A4-1 Are you able to


demonstrate that
Please provide evidence of an H&S
policy endorsed by the chief executive
n n
you have a policy officer that is regularly reviewed. The
and organization for policy should be relevant to the
health and safety nature and scale of the work and set
(H&S) management? out responsibilities for H&S
management at all levels in the
organization.
Note Organizations with less than
five employees are not required by
law to have a documented policy
statement and the need to reduce
documentary requirements on micro-
businesses in particular should be
taken into account by buyers and
assessment providers.

A4-2 Are you able to


demonstrate
Please provide details of the
arrangements for H&S management
n n
arrangements for that are relevant to the nature and
ensuring that your scale of the work undertaken. These
H&S measures are should set out how the company will
effective in reducing/ discharge its duties under CDM 2007,
preventing incidents, with a clear indication of how these
occupational ill-health arrangements are communicated to
and accidents? the workforce

A4-3 Do you have access


to competent H&S
Please provide evidence of how your
organization obtains access to
n n
advice/assistance – competent H&S advice, including for
both general and the workforce. (Access to competent
construction/sector in-house advice, in whole or part,
related? is preferred). It is essential that the
advisor(s) be able to provide general
H&S advice and that (from the same
source or elsewhere) advice relating
to construction H&S issues is
accessible as required.

A-4-4 Do you have a policy


and process for
Provide evidence that your
organization has in place and
n n
providing your implements, training arrangements to
workforce with training ensure that its workforce has sufficient
and information skills and understanding to discharge
appropriate to the their various duties. This should include
type of work for which a programme of refresher training
your organization is (e.g. a CPD programme) that will keep
likely to bid? the workforce updated on legislation
and good H&S practice applicable
throughout the company.

9 © BSI October 2010


PAS 91:2010

Table A.4 – Core question module A4: Health and safety policy and capability (continued)

Q Ref. Core question Example of the type of information in Yes No Unique reference
support of responses, which will be to supporting
taken into account in assessment information

A4-5 Does your workforce


have H&S or other
Be able to demonstrate that your
workforce possesses suitable
n n
relevant qualifications qualifications and experience for the
and experience tasks assigned to them, unless there
sufficient to implement are specific situations where they
your H&S policy to a need to work under controlled and
standard appropriate competent supervision e.g. trainees.
to the work for which
your organization is
likely to bid?

A4-6 Do you check, review


and where necessary
Please provide evidence that your
organization has in place and
n n
improve your H&S implements, a system for monitoring
performance? H&S procedures on an ongoing basis
and for periodically reviewing and
updating that system as necessary.

A4-7 Do you have


procedures in place to
Please provide evidence that your
organization has in place and
n n
involve your workforce implements a means of consulting
in the planning and with its workforce on H&S matters
implementation of and show how workforce comments,
H&S measures? including complaints are taken
into account.

A4-8 Do you conduct


accident/incident
Please provide access to all records
of RIDDOR-reportable events which
n n
reporting and should include accident rates and
undertake follow-up frequency, for at least the last three
investigation? years. Demonstrate that your
organization has in place a system
for reviewing significant incidents,
and recording action taken as a result
including action taken in response
to enforcement.

A4-9 Do you have


arrangements for
Be able to demonstrate that your
organization has and implements,
n n
ensuring that your arrangements for monitoring
suppliers (see Annex G supplier’s H&S procedures and for
Glossary for ensuring that H&S performance
relationship to appropriate for the work to be
‘sub-contractors’) apply undertaken is delivered throughout
H&S measures to a the whole of your organizations
standard appropriate to supply chain.
the work for which they
are being engaged?

© BSI October 2010 10


PAS 91:2010

Table A.4 – Core question module A4: Health and safety policy and capability (continued)

Q Ref. Core question Example of the type of information in Yes No Unique reference
support of responses, which will be to supporting
taken into account in assessment information

A4-10 Do you operate a


process of risk
Be able to demonstrate that your
organization has in place and
n n
assessment capable implements procedures for carrying
of supporting safe out risk assessments and for
methods of work and developing and implementing
reliable project delivery safe systems of work (‘method
where necessary? statements’). Be able to provide
relevant indicative examples.
The identification and control of
any significant occupational health
issues should be prominent.
NOTE Organizations with five or less
employees are not required by law to
record risk assessments. In addition to
ensuring risk management, the need
to reduce documentary requirements
on micro-businesses in particular
should be taken into account by
buyers and assessment providers.

A4-11 Do you have


arrangements for
Please provide explanation of how
co-operation and co-ordination of the
n n
co-operating and work is achieved in practice, and how
co-ordinating your other organizations are involved in
work with others drawing up method statements/safe
(including other systems of work etc. including
suppliers, notably arrangements for response to
contractors)? emergency situations. This should
include details of how comments and
input from your suppliers will be
taken into account and how external
comments including any complaints,
will be responded to.

A4-12 Do you have


arrangements for
Be able to demonstrate how the
supplier ensures suitable welfare
n n
ensuring that on-site facilities will be in place before
welfare provision starting work on site, whether
meets legal provided by site-specific arrangement
requirements and the or own organizational measures.
needs/expectations of
your employees?

11 © BSI October 2010


PAS 91:2010

A.3 Alignment with Approved Code of Practice (ACoP) and the Construction
(Design and Management) Regulations 2007
The core questions in module A4 seek the same be overcome, and it appreciates the risks from doing
evidence of supplier capability as shown in the the work and how these should be reduced.
‘Stage 1’ core criteria of the HSE’s Approved Code S tage 2 assessments are outside the scope of PAS 91,
of Practice (ACoP) to the Construction (Design and although in the public sector stage 2 questions relating
Management) Regulations 2007 (CDM 2007). The HSE to previous experience will be asked in the PQQ.
CDM 2007 ACoP recommends that health and safety
NOTE 1 Attention is drawn to the fact that asking
competency assessments of suppliers should be carried
questions in question module A4 does not fulfil the
out as a two stage process:
buyer’s requirement to make project-specific enquiries
Stage 1: An assessment of the supplier’s organization about the supplier’s health and safety capability where
and arrangements for health and safety, to determine necessary to meet the needs of specific projects, services
whether these are sufficient to enable the supplier to or other work activities.
carry out the work safely and without risk to health.
NOTE 2 Additional core questions for ‘designers’ and
Stage 1 assessments are within the scope of PAS 91. ‘CDM co-ordinators’ are provided in Annex B.1.
Stage 2: An assessment of the supplier’s experience and NOTE 3 The Reporting of Injuries, Diseases and
track record, to establish that it is capable of doing the Dangerous Occurrences Regulations 1995.
work (i.e. project, activity or service-specific enquiries),
that it recognizes its limitations and how these should

© BSI October 2010 12


PAS 91:2010

Annex B (normative)
Prequalification questions – supplementary modules

B.1 Application of supplementary modules


The question modules provided in Tables B.1 to B.4 NOTE When using Annex B, public sector buyers should
can be applied at the discretion of buyers and/or ensure that all questions are relevant and compliant
assessment providers. Where Annex B question modules with Regulations 23 – 26 of the Public Contracts
are applied they shall be used without addition or Regulations 2006
modification to the questions in the modules.

Table B.1 – Supplementary question module B1: Health and safety policy and capability
– CDM co-ordinators and designers

Q No. Core question Evidence in support of response, Yes No Unique reference


which will be taken into account to supporting
in assessment evidence

B1 1 If you are a designer,


do you have and
Please provide evidence showing
how you:
n n
implement, • ensure co-operation and
arrangements for co-ordination of design work
meeting your duties within the design team and with
under regulation 11 other designers/contractors;
of CDM2007? • ensure that hazards are eliminated
( If not a designer, and any remaining risks controlled;
please enter ‘ not • ensure that any structure that will
applicable’ in the be used as a workplace will meet
evidence reference relevant requirements of the
column and proceed Workplace (Health, Safety and
to question B1-2. Welfare) Regulations 1992;
If entering a response • manage design changes.
to this question as a Please provide examples showing how
designer, it will not be risk was reduced through design.
necessary to respond NOTE Emphasis should be on practical
to questions B1-2; measures that reduce particular
B1-3 or B1-4) risks arising from the design, not on
lengthy procedural documentation
highlighting generic risks.

B1-2 If you are a CDM


coordinator, are you
Please provide evidence in the form
of real examples rather than by
n n
able to demonstrate generic documents.
how you encourage
co-operation,
co-ordination and
communication
between designers
(and anyone else)?

13 © BSI October 2010


PAS 91:2010

Table B.1 – Supplementary question module B1: Health and safety policy and capability – CDM co-ordinators and
designers (continued)

Q No. Core question Evidence in support of response, Yes No Unique reference


which will be taken into account to supporting
in assessment evidence

B1-3 If you are a CDM


Coordinator, are you
Please provide examples of actual
attainments which should indicate
n n
able to provide competence as in the case of
evidence of your field • Professionally Qualified to
of knowledge and Chartered level (Note 2);
experience in the
• Membership of a relevant
design and construction
construction institution, e.g. CIAT;
process?
CIBSE; CIOB; ICE; IET; IMechE;
IStructE; RIBA; RICS.

B1-4 If you are a CDM


Coordinator, are you
Please provide examples of actual
attainments which should indicate
n n
able to provide evidence competence as in the case of
of your knowledge and validated CPD in this field, and typical
experience of H&S in additional qualifications e.g. NEBOSH
construction? Construction Certificate; Member of
health and safety register
administered by the ICE (Note 3);
Membership of Association for
Project; Safety; Membership of
Institution of Construction Safety.

NOTE 1 The terms ‘Designer’ and ‘CDM co-ordinator’ further enquiries about the supplier’s health and safety
relate to the professional function, not to the type capability, as required for specific projects, services or
of organization. These questions align with the other work activities. These may include, for example,
requirements for evidence in the ACoP to the CDM an assessment of the supplier’s experience to establish
Regulations 2007. They cover the Stage 1 assessment that it:
of capability only (CDM 2007). • is capable of doing the work;
NOTE 2 Chartered membership of a recognized • recognizes its limitations and how these should
construction-related institution. be overcome;
NOTE 3 Open to any member of a construction-related • and it appreciates the risks involved and how
institution. these should be reduced.
NOTE 4 Asking the questions in the module above
does not remove the buyer’s requirement to make

© BSI October 2010 14


PAS 91:2010

Table B.2 – Supplementary question module B2: Equal opportunity and diversity policy
and capability

Q No. Question Description of information in support Yes No Unique reference


of response, which will be taken into to supporting
account in assessment information

B2-1 Is it your policy as an


employer to comply
No supporting evidence required.
n n
with anti-discrimination
legislation, and to treat
all people fairly and
equally so that no one
group of people is
treated less favourably
than others?

B2-2 In the last three years


has any finding of
Please provide details of any findings.
n n
unlawful discrimination
been made against your
organization by any
court or industrial or
employment tribunal
or equivalent body?

B2-3 In the last three years


has your organization
Please provide details of any
investigations.
n n
been the subject to a
compliance action by
the Equality and Human
Rights Commission or
an equivalent body on
grounds of alleged
unlawful discrimination?

B2-4 If the answer to


question 2 and / or 3
Please provide details/evidence of
remedial action.
n n
is “Yes”, what steps
did your organization
take as a result of that
finding or investigation?

B2-5 What does your


organization do to
Please provide copies of any relevant
policies or written statement/evidence
n n
ensure that equality of relevant actions.
and diversity is
embedded within
your organization?

15 © BSI October 2010


PAS 91:2010

Table B.2 – Supplementary question module B2: Equal opportunity and diversity policy and capability (continued)

Q No. Question Description of information in support Yes No Unique reference


of response, which will be taken into to supporting
account in assessment information

B2-6 Do you actively promote


good practice in terms
Please provide copies of any relevant
policies/literature or written
n n
of eliminating statement/evidence of relevant
discrimination in all actions.
forms through:
a) guidance to your
employees/suppliers
concerned with
recruitment, training
and promotion?
b) making guidance or
policy documents
concerning how the
organization embeds
equality and diversity
available to
employees/
sub-contractors,
recognized trade
unions or other
representative groups
of employees?
c) appropriate
recruitment
advertisements or
other literature?

© BSI October 2010 16


PAS 91:2010

Table B.3 – Supplementary question module B3: Environmental management policy


and capability

Q No. Core question Description of information in support Yes No Unique reference


of response, which will be taken into to supporting
account in assessment information

B3-1 Do you have a


documented policy and
Be able to provide evidence that
you or your organization has an
n n
organization for the environmental management policy
management of authorized by the Chief executive or
construction-related equivalent and regularly reviewed.
environmental issues? The policy should be relevant to the
nature and scale of the work and set
out the responsibilities for
environmental management
throughout the organization

B3-2 Do you have


documented
Be able to provide evidence that your
organization’s environmental policy
n n
arrangements for implementation plan provides
ensuring that your information as to how the company
environmental aims to discharge relevant legal
management procedures responsibilities and provides clear
are effective in reducing/ indication of how these arrangements
preventing significant are communicated to the workforce,
impacts on the in relation to environmental matters
environment? including:
• sustainable materials procurement;
• waste management;
• energy management.
This should include the arrangements
for responding to, monitoring and
recording environmental incidents
and emergencies and complaints.

B3-3 Do you have


arrangements for
Be able to demonstrate that your
organization has in place and
n n
providing employees implements, training arrangements
who will engage in to ensure that its workforce has
construction, with sufficient skills and understanding
training and information to carry out their various duties.
on construction-related This should include a programme
environmental issues? of refresher training that will keep
the workforce updated on relevant
legal requirements and good
environmental management practice.

B3-4 Do you check, review


and where necessary
Be able to demonstrate that your
organization has a system for
n n
improve your monitoring environmental
environmental management procedures on an
management ongoing basis and for updating
performance? them at periodic interval.

17 © BSI October 2010


PAS 91:2010

Table B.3 – Supplementary question module B3: Environmental management policy and capability (continued)

Q No. Core question Description of information in support Yes No Unique reference


of response, which will be taken into to supporting
account in assessment information

B3-5 Do you have


arrangements for
Be able to demonstrate that your
organization has procedures for
n n
ensuring that any monitoring supplier’s environmental
suppliers you engage management arrangements and
apply environmental ensuring that environmental
protection measures performance appropriate for the
that are appropriate to work to be undertaken is delivered
the work for which they throughout the whole of your
are being engaged organizations supply chain.

© BSI October 2010 18


PAS 91:2010

Table B.4 – Supplementary question module B4: Quality management policy and capability

Q No. Core question Description of information in support Yes No Unique reference


of response, which will be taken into to supporting
account in assessment information

B4-1 Do you have a policy


and organization for
Be able to demonstrate that your
organization has and implements a
n n
quality management? quality management policy that is
authorized by the Chief Executive
or equivalent and periodically
reviewed at a senior management
level. The policy should be relevant
to the nature and scale of the work
to be undertaken and set out
responsibilities for quality
management throughout
the organization

B4-2 Do you have


arrangements for
Be able to demonstrate that your
organization keeps copies of
n n
ensuring that your documentation setting out quality
quality management, management organization and
including the quality of procedures that meet currently
construction output and agreed good practice. These should
general performance, is include the arrangements for quality
effective in reducing/ management throughout the
preventing incidents of organization. They should set out
sub-standard delivery? how the company will carry out its
policy, with a clear indication of how
the arrangements are communicated
to the workforce.

B4-3 Do you have


arrangements for
Be able to demonstrate that your
organization has in place and
n n
providing your implements, training arrangements
workforce with quality- to ensure that its workforce has
related training and sufficient skills and understanding to
information appropriate discharge their various responsibilities.
to the type of work for These arrangements should include
which your organization a programme of training that will
is likely to bid? keep the workforce up to date with
required knowledge about quality
related issues, including copies of
job profiles; training manuals and
training records.

B4-4 Do you have


procedures for
Be able to demonstrate that your
organization has a system for
n n
periodically reviewing, monitoring quality management
correcting and procedures on an on-going basis.
improving quality Your organization should be able
performance? to provide evidence of systematic,
periodic review and improvement
of quality in respect of construction
output and general performance.

19 © BSI October 2010


PAS 91:2010

Table B.4 – Supplementary question module B4: Quality management policy and capability (continued)

Q No. Core question Description of information in support Yes No Unique reference


of response, which will be taken into to supporting
account in assessment information

B4-5 Do you have


arrangements for
Be able to demonstrate that your
organization has arrangements for
n n
ensuring that your own monitoring supplier’s quality
suppliers (see Annex G management arrangements and
for sub-contractors) ensuring that quality performance
apply quality appropriate for the work to be
management measures undertaken is delivered throughout
that are appropriate to the whole of your organizations
the work for which they supply chain
are being engaged?

© BSI October 2010 20


PAS 91:2010

Annex C (informative)
Example of question module exemption provision

C.1 The questions in Module(s) [module(s) to be


identified as appropriate] need not be completed if
your organization meets the criteria identified below
[C.2 to C.4] and can provide the supporting evidence
required.

C.2 You have previously successfully completed a


prequalification application using an assessment
provider able to demonstrate that its information
gathering process conforms to PAS 91.

Buyer to identify accepted assessment providers Supplier to provide responses as follows

Assessment provider Evidence required Membership/ Valid until Evidence provided


achievement identifier
Yes No

C.3 You have successfully met the requirements of one


or more construction-related schemes.

Buyer to identify accepted schemes Supplier to provide responses as follows

Scheme identity Evidence required Membership/ Valid until Evidence provided


achievement identifier
Yes No

NOTE An example scheme under C.3 would be SSIP.

21 © BSI October 2010


PAS 91:2010

C.4 You hold a third party certificate of compliance


with one of the standards identified below:

Buyer to identify accepted standards Supplier to provide responses as follows

Standard Evidence required Certification body Valid until Evidence provided

Yes No

NOTE Example standards under C.4 would be UKAS


accredited third party certification to ISO 9001;
ISO 14001; BS OHSAS 18001.

© BSI October 2010 22


PAS 91:2010

Annex D (informative)
PAS 91 overview

D.1 Why this PAS?


D.1.1 The Problem
Throughout the construction supply chain (see Figure 1 the buyer chooses one assessment provider as suitable
and Figure D.1) suppliers bidding for work in the for all project tendering, rather than actively managing
construction sector often have to complete many the level of assurance needed in each procurement.
different PQQ forms. This leads to considerable
unnecessary effort, which costs time and money. Buyers When the supplier applies to tender for work from
or their assessment providers have to read and evaluate another buyer, the same situation can occur, but involve
the responses, which costs additional time and money. a different assessment provider; resulting in suppliers
having to pay to join several different schemes.
Some buyers have difficulty in choosing which, if any,
assessment provider to use, given the proliferation When assessment providers align with this PAS in
of prequalification methods and schemes in the terms of the core questions, this leaves buyers to
industry. As a result, some are reluctant to use or source suppliers on the basis of the level of assurance
accept any assessment provider, which results in they provide (i.e. the extent to which the answers to
those buyers asking all potential suppliers to complete the questions given by the suppliers are checked and
entire PQQ question sets, even though the supplier evaluated), and allows suppliers access to work where
may have already demonstrated a satisfactory response the risk levels are appropriate (see D.10 Dealing with
to such questions either to the buyer or to other uncertainty).
parties – clearly this is hugely inefficient for all of
the parties involved. D.1.2 The Solution
Industry-wide agreement on – and the cross-recognition
Other buyers decide on a particular assessment of – ‘core’ prequalification questions. Buyers should
provider, which often means that suppliers wishing use these core questions, either directly or through
to tender for work from that buyer must pay to join an assessment provider that complies with this PAS,
the particular assessment provider’s scheme as chosen along with project-specific questions, to prequalify
by the buyer, and fill in the specific PQQ. A mismatch their suppliers.
between an assessment provider’s assurance procedures
and the efforts and needs of the supplier arises when

23 © BSI October 2010


PAS 91:2010

Figure D.1 – The application of PAS 91 to construction procurement and supply

All levels use PAS 91, right down


the supply chain

Client

Suppliers
First and intermediate
supply chain suppliers/buyers
Buyers

Bottom tier suppliers

D.1.3 What rather than how


This PAS describes what should be asked in the core
construction PQQ process, and what the evaluation
of the responses should be based on, but not how
the process should be undertaken.

D.1.4 Shortlisting in a PQQ process


This PAS defines questions that are relevant to all
construction procurements (Annex A), and additional
questions that may be relevant to some but not all
construction procurements (Annex B). In order for
buyers to shortlist suppliers for specific work, additional
project specific questions should be posed in addition
to evidence of suitable responses to the PQQ process
in respect of PAS 91. This is a key method of managing
shortlists of suppliers before going on to the next stage
in the tendering process.

D.1.5 Public Sector Buyers


Public sector buyers will be subject to policy and
other drivers in their procurement techniques,
notably legislation that implements the European
procurement directive. (Annex E).

© BSI October 2010 24


PAS 91:2010

D.2 Benefits of PAS 91 D.4 Experienced buyer v occasional buyer


D.2.1 Benefits to buyers Experienced Buyers who make lots of purchases
Clarity of process with more certainty that they are usually understand the PQQ process well. This does
prequalifying suppliers correctly, and less time and not necessarily mean that they operate it correctly
resources needed in construction procurement. – it is possible to repeat mistakes and inefficiencies.
By reducing the cost and uncertainty surrounding Occasional buyers – i.e. buyers who do not tender
basic prequalification, more suppliers can take part, construction work on a frequent basis –may not be
giving more choice to many clients. In addition, this totally familiar with the PQQ process, in particular
PAS should also help to raise the overall standard of why certain questions are being asked, and how to
supplier capability in the construction sector. interpret the answers to them.

A buyer will have more confidence about assessment Buyers in either category wishing to use an assessment
to the core criteria in the various areas of supplier provider to facilitate the PQQ process often find the
capability, and can concentrate more on project-specific choice difficult to make. Assessment providers naturally
enquiries. present their own scheme as a suitable choice, and this
can lead to confusion. In some cases, buyers avoid using
D.2.2 Benefits to suppliers any assessment provider because of this.
Less time taken, less paperwork, more certainty over
This PAS helps to mitigate this confusion by explaining
which assessment provider to sign up with, and less
how the correct assessment of project risk helps to
expense in joining multiple assessment providers.
determine how to go about the choice of assessment
provider(s), and how the system should operate.
D.2.3 Benefits to assessment providers (See D.2.1 Benefits to buyers.)
Less concern over question sets, more time to focus
on selling services to the right organizations, and a
better informed buyer base who should understand the D.5 Core questions for SMEs
benefits of working with the right assessment provider.
The recent report on helping SMEs (MSMs) through
procurement1) includes a section on defining a suitable
D.2.4 Corporate Responsibility
set of core PQQs, to be used as part of general
Use of this PAS by all three groups above will be a tendering where the work could potentially be
benefit in terms of Corporate Responsibility, as it is part provided by SMEs.
of the common agenda to reduce burdens on buyers
and suppliers alike, and to increase the understanding It is vital that this PAS and more general
and application of widely applicable standards in the recommendations on core questions for SMEs are
construction industry. aligned so as not to cause even more cost and
confusion in the construction supply chain, and beyond.
Although this PAS refers to construction procurement,
D.3 Supplier responses to questions most core questions in this PAS will be applicable to
Standardising the common questions is a vital part general procurement. As such, they should align with
of the convergence of PQQ methodologies which is other core questions relating to non-construction
a key objective of this PAS. related procurement, such as those provided by OGC.

Not all PAS 91 questions need interpretation As the requirements for the UK change over time
(e.g. name and address), although many questions (e.g. because of legal changes), it will be necessary
are supplemented with guidance (e.g. ‘this should that the PAS and OGC and other PQQs be updated
be the address of your main place of trading’). to ensure they remain aligned.
Where questions are more open to interpretation
(e.g. asking the degree to which a company follows
a procedure), then that question will be supplemented
with an explanatory note that indicates for the supplier
what the question is trying to find out and clarifies for
the buyer why the question should be asked. The latter
is vital as part of the process of buyer understanding
1) ISBN 978-1-84532-512-1 Accelerating the SME
(See D.4 Experienced Buyer).
economic engine.

25 © BSI October 2010


PAS 91:2010

D.6 Modular questions


PAS 91 takes a modular approach. For a supplier, the The questions comprising the annexes to this PAS are
aim is to be able to answer the vast majority of the presented in a modular manner. The structure of the
prequalification questions that you are asked about modules is designed to be the least number of modules
your capability to work or offer a service. Other buyers without requiring the industry to deal with areas of
and assessment providers can then recognise that you capability that are not relevant to what they do.
have already demonstrated the relevant capability. Annex A contains modules that should be asked in
and ideally, the supplier should only need to show all PQQ activity. These modules are:
such capability once, and certainly not repeatedly. A-1: Supplier identity; key roles and contact
For the buyer, the benefit is to be able to accept the information
answers to a PQQ previously provided by the supplier
A-2: Financial information
having responded successfully to the enquires of an
appropriate assessment provider. A-3: Business and professional standing
A-4: Health and safety policy and capability
In a PQQ process, the scope of some of the questions
will be relevant to all types of procurement across In addition, where it is necessary to assess supplier
all sectors. As the nature of the work is seen in capability in the following areas, supplementary
more detail, it is possible to unify the scope of more question modules are provided in Annex B:
questions according to the type of sector involved B-1: Health and safety policy and capability
e.g. automotive, retail, transport – and of course – CDM co-ordinators and designers;
construction. Looking again in more detail, it is
B-2: Equal opportunity and diversity policy
possible to determine more specific questions which
and capability;
would be relevant to particular types of construction
procurement e.g. roofing, FM services, tunnelling, B-3: Environmental management policy and capability;
road surfacing etc. If this process were taken too far, it B-4: Quality management policy and capability.
would result in a much too detailed portfolio of PQQs,
almost project specific, and this would not be helpful.

Figure D.2 – Illustration of the relationship between core and supplementary


question modules

General information
questions
Annex A
Construction-specific
questions
PAS 91
Additional construction
questions module 1
Annex B
Additional construction
questions module 2

Asked by buyer Project–specific


questions

© BSI October 2010 26


PAS 91:2010

As explained in the Requirements section of this PAS, If questions in these areas are not asked in a consistent
for construction procurement, Annex A describes manner, it will undermine the main purpose behind this
the base question set that buyers shall ask and that PAS i.e. to reduce waste in the PQQ process.
suppliers will need to answer. There are several
question topics additional to those described in
Annex A. These are addressed in Annex B, providing D.7 Use of PAS 91 with unincorporated
questions that may be relevant in many procurement Joint Ventures or Consortia
situations. Where they are relevant, they should be
asked. An example of this is where a public sector buyer Joint Ventures and Consortia are (usually) temporary
may need to address supplier diversity policy, while a entities that combine to pool resources and/or
given private sector buyer may not. Another is where capability to bid for a specific project. As such, it
it is necessary to assess the additional capability of a is unlikely that they will be sourced using third
designer. Although questions of this nature will not be party assessment providers (although the individual
asked by all construction buyers, it is vital that if they companies may be registered with them). It is therefore
are, then they are consistent. up to the buyer to make sure that they are satisfied
that each of the individual entities involved in the
Although the questions in Annex B are not asked Joint Venture/Consortium prequalify to the level of
in every construction PQQ, these question modules assurance warranted by the project (e.g. for a critical
are very frequently asked, especially by public sector project, the buyer might wish to see evidence that
buyers. Adopting Annex B questions help to ensure each of the parties involved in the Consortium had
consistency among buyers and assessment providers. prequalified via a ‘Level 1’ assessment provider).
It is important, therefore, to use the modules in
Annex B when asking suppliers areas about the areas
of capability shown.

27 © BSI October 2010


PAS 91:2010

D.8 Assessment providers about the benefits, including helping members to


decide which assessment provider to join, where
D.8.1 Types of assessment provider they have a choice. Where trade associations assess
Some assessment providers operate a single register their own members’ capabilities they are encouraged
of prequalified construction suppliers; sample lists of to meet the requirements of this PAS (D.10 Dealing
suppliers can be selected according to size of company/ with uncertainty and ‘D.9.6 Buyers and assessment
turnover, geographic location etc. providers’).

Other assessment providers maintain lists by sub-sector D.9.5 Suppliers and Assessment providers
speciality (e.g. a trade association), or local lists. Ideally, suppliers should only have to join one
assessment provider’s scheme to obtain maximum
The core questions in PAS 91 are not affected by these
exposure to work opportunities (D.10 Dealing with
different approaches.
uncertainty and C.9.6 Buyers and assessment providers).
A small company doing low-risk work might benefit
D.8.2 Capability of assessment providers from a self-assessment based assessment provider
This PAS does not address the capability of assessment whereas a company operating in high risk work may
providers, whether by UKAS accreditation or need to pay more for an assessment provider to
other means. This is beyond the scope of this PAS. conduct a thorough audit in order to satisfy a buyer
Accordingly, it is a matter for buyers to satisfy that they comply with the requirements.
themselves that the assessment provider(s) whose
members they accept through the PQQ process are D.9.6 Buyers and Assessment providers
suitable and employ information gathering processes
Informed buyers may ask tenderers to provide their
that conform to this PAS.
membership details for an assessment provider and
then answer remaining questions specific to the
project, or they may ask PQQs themselves, following
D.9 Penetration of message and use of the requirements in this PAS. Assessment providers will
PAS 91 offer buyers different degrees of certainty in regard
to risk (D.10 Dealing with uncertainty), and so buyers
D.9.1 General
may request membership of one of several assessment
For the full benefits of PAS 91 to be achieved, as many providers as an alternative to responses to all of the
buyers as possible need to know about it, understand it, questions, choosing suitable assessment providers who
and use it. Most importantly, this applies right through offer a level of certainty that the suppliers capabilities
the supply chain, to where contractors, subcontractors are appropriate to the risk of the particular project
and consultants are employed. It is possible that after being tendered. This means that for a very high risk
an efficient PQQ process leading to contract award, project the buyer may insist on supplier membership
the work is split up and subcontracted down the supply of only those assessment providers who offer a
chain using inefficient PQQ mechanisms. The widest high level of assurance of compliance with the PQQ
possible promotion of the intent and content of this requirements – whereas for the routine maintenance
PAS is vital to overcome this problem (D.2 Benefits). contractor, the buyer conclude that any of the
PAS-compliant assessment providers membership
D.9.2 Teaching/learning details would be sufficient. Buyer understanding
This PAS has value as a learning tool, and organizations and suitable application of these options is vital.
involved in construction training are encouraged to
make use of it.
D.10 Dealing with uncertainty
D.9.3 Marketing
D.10.1 Types of project ‘risk’
This PAS will also be useful to assessment providers
For any given project there will be a number of ‘risks’
who want to make it known to buyers and potential
to its successful completion, and these will depend on
buyers that they comply with it.
the nature of the individual project. Because of this,
for different projects, although the same questions
D.9.4 Trade associations
will be used for the core and optional PQQ questions,
This PAS will be of use to construction trade buyers may require different types of evaluation,
associations, who may make it and its contents depending on the risk. For projects which are not likely
available to their members, along with information to go wrong or have dire consequences if upsets occur,

© BSI October 2010 28


PAS 91:2010

buyers may be happy for the suppliers to self-certify outcome assessment, before accepting the supplier as
(if a list of suppliers is taken from an assessment meeting the requirements
provider, this corresponds to ‘Level 3’ in Figure 4 • Most expensive for suppliers, most certain for buyers.
below). On the other hand, for ‘mission critical’ Best for where high levels of assurance are essential
projects, buyers may wish to know that the suppliers’ or sought
answers have been more thoroughly checked
• Limited choice of suppliers
(‘Level 1’ in Figure 4).

D.10.2.2 Validated assessment – Level 2


The level of risk is a critical consideration. The buyer’s
choice of PQQ assessment provider(s) should consider The assessment provider for example obtains copies
the assurance the assessment provider can provide of certificates, details of company procedures etc. This
that their list of suppliers are suitable for further commonly includes so-called ‘desktop’ assessment.
consideration under prequalification or tendering. Medium cost for suppliers, more certainty for buyers
• Wider choice of suppliers
D.10.2 Three levels of assurance/types of assessment
provider D.10.2.3 Self assessment – Level 3
Although this paragraph models assessment providers The supplier fills in a questionnaire and makes
by reference to three types, this is to make the range of statements about their work and certifications.
services offered clear – there is a continuous spectrum,
• Cheapest for suppliers, least certain for buyers
and any new entrants to the assessment market will
have their own view of what to offer buyers. It is • Widest choice of suppliers
for the buyer to decide, therefore, the assessment
Various approaches to assessment may be suitable
provider(s) that provides adequate assurance of
throughout the supply chain.
supplier responses to enquiries about capability.

D.10.2.1 Verification and assessment of supplier


– Level 1
The assessment provider for example undertakes
an audit typically involving on-site verification and

Figure D.3 – Levels of assurance

High level of assurance required,


higher cost, fewer candidates

Level 1
Supplier is audited
assessment provider

Suppliers are
prequalified for Level 2 Buyers prequalify
the types of work assessment provider Documents assessed at appropriate level
they do (ideally
just one)
Level 3
assessment provider Self-certification

Lower level of assurance required,


lower cost, more candidates

29 © BSI October 2010


PAS 91:2010

D.11 Application of the PAS to should adopt this PAS and make that intention clear
exceptional cases from the start, it may not be practical or cost effective
for them to modify their question sets all at once and
In exceptional circumstances, some of the questions require all members to repeat their application at
in this PAS may not be answerable by suppliers. An that point. That would be a very wasteful process. It is
example of this is how a start-up company would not envisaged that assessment providers will ‘migrate’ to
be able to supply enough years of financial history. adoption of this PAS over a reasonable time, and make
Another is a self employed supplier, who may not this clear to existing and new buyers (and suppliers).
need to show evidence of employee communication). Typically this would take one to two years from this PAS
Assessment providers may already have exception coming into existence (during which time this PAS may
procedures in place to deal with these and similar issues be updated due to changing legislation, for instance);
and they may continue to do so. Again, it is for the existing prequalified member suppliers would still be
buyers to satisfy themselves that acceptable assessment eligible to prequalify via the assessment provider they
procedures are in place. are registered with during this transition, with new
supplier members and renewals of membership being
prequalified using PAS 91 questions.
D.12 Adoption of this PAS – transitional
arrangements
There are already a number of assessment providers
operating in the industry, with very significant numbers
of members. While ideally all assessment providers

© BSI October 2010 30


PAS 91:2010

Annex E (informative)
Public sector buyers

E.1 General E.2 Procurement policy


Public sector buyers, and certain other buyers (e.g. some Public sector purchasers are also often committed
utilities) are subject to EU directives on purchasing, to promoting certain policy objectives in their
implemented by the Public Contracts Regulations 2006 procurements. In these cases it is important for buyers
and other legislation. These regulations place certain to make certain that their requests of suppliers are
restrictions on what public sector buyers can ask of acceptable within the regulations.
suppliers in a prequalification exercise. Any questions
asked at PQQ stage must be consistent with Regulations To fulfil the above policy objectives, in most cases there
23-26 of the Public Procurement Regulations 2006. will be a requirement to agree in the contract to work
Contracting authorities should ensure that the to certain standards or agree to other conditions not
questions asked of potential providers are relevant to directly associated with the delivery of the work. These
the contract and proportionate. requirements should be made clear to suppliers at
the PQQ stage to avoid suppliers expending effort in
The PQQ is used at the selection stage of the process. prequalifying if they do not find the additional policy
It is important to distinguish between the PQQ and ITT requirements acceptable.
and decide at this stage what information you need
to enable you to identify which suppliers are capable In some cases it may be appropriate to ask additional
of delivering the contract. Questions asked in the ‘policy delivery’ questions at the PQQ stage. In this case,
PQQ must be in respect of either the organization’s these questions should be treated in exactly the same
technical ability to perform the contract, its financial way as the additional ‘project specific’ questions. In
standing or legal status only and must not be repeated any case, buyers should make certain that these policy
in the Invitation to Tender. They must not be expressed questions are acceptable under the Regulations.
in such a way which would discriminate against non
UK candidates. More specific questions about how Following the key tenet of this PAS, if policy-
suppliers would deliver the contract should be dealt related PQQ questions are to be asked, it is strongly
with in the ITT. recommended that all buyers that ask such questions
are consistent, i.e. they use the same questions to the
The questions in this PAS are all allowable under the maximum practical extent. Policy makers are therefore
above Regulations. encouraged to provide clear guidance on the questions
and/or contract clauses relevant to the particular
policy aim.

31 © BSI October 2010


PAS 91:2010

E.3 Scoring mechanism they have been convicted of certain offences, including
participation in criminal organizations, corruption,
As with all selection processes a PQQ should be money laundering and fraud. Grounds for obligatory
evaluated consistently and objectively according to and discretionary exclusion (in eligibility) in accordance
a defined scoring model which should be finalized with Regulation 23 of the Public Contracts Regulations
prior to opening and commencing the evaluation of 2006 (as amended) can be found at www.opsi.gov.uk/si/
submitted questionnaires. Potential providers must si2006/uksi_20060005_en.pdf
be informed before they complete the PQQ of any
scoring model for the PQQ, including the weightings
and maximum marks assigned to each question If
E.5 Use of equivalent standards
and where an unsatisfactory answer to one or more
questions may of itself lead to exclusion from further Contracting authorities must consider offers which
consideration (irrespective of the quality of the rest of claim to satisfy the requirements in an equivalent
the response) suppliers must be told (and authorities manner even though they do not conform to the
should have) a clear justification2). standard in question. Tenders must be examined
to establish whether they satisfy the contracting
authority’s requirements in an equivalent manner and
E.4 Mandatory and discretionary under no circumstances may contracting authorities
exclusion reject offers solely on the grounds that they are not
based on a specified standard or technology. The
The Public Sector and Utilities Procurement Directives burden of proving technical equivalence will fall on
as implemented by the Public Contracts and the the bidder in the absence of certification of conformity
Utilities Contracts Regulations 2006, include a with the standard.
mandatory requirement for contracting authorities
to exclude economic operators (suppliers, contractors www.ogc.gov.uk/documents/PPN_10_09_Policy_on_
and services providers) from public contracts where Standards_and_References.pdf

2) See Procurement Policy Note, (PDF) Dec 2008 for comments on Lianakis ECJ.

© BSI October 2010 32


PAS 91:2010

Annex F (informative)
Health and safety: SSIP and supplier capability

Buyers may choose to prequalify suppliers who reports such as that cited at Normative References
have been successfully assessed by members of the Clause 2. SSIP member schemes apply the same core
Safety Schemes in Procurement Forum (SSIP) against questions for prequalification assessment as presented
Module A-4. SSIP, as with Module A-4, covers health in both PAS 91 and the Health and Safety Executive’s
and safety questions only. (HSE) Approved Code of Practice (ACoP) to CDM 2007.
The HSE actively supports SSIP, noting that suitable
To ensure general health and safety capability, and assessment of a supplier by an SSIP assessor meets the
to help reduce cost and bureaucracy for the buyer buyer’s general requirement to exercise ‘reasonable
and supplier, buyers may therefore choose to accept judgment’ based on the evidence provided3). However,
an ‘SSIP-assessed’ supplier without requiring separate using a SSIP scheme, or adopting PAS 91, does not
responses from the supplier to the general health remove the buyer’s requirements to:
and safety questions in PAS 91, and to refer to the • ensure that a supplier is indeed ‘SSIP-assessed’;
acceptability of ‘SSIP assessment’ as part of their
• further enquire, as necessary, about the supplier’s
PQQ process.
health and safety capability to carry out specific
projects, services or other activities.
Furthermore, accepting an SSIP-assessed supplier
as part of general PQQs can allow buyers to give
SSIP member schemes are subjected annually to
additional attention to project-specific health and
independent third party audit.
safety questions.
For more on SSIP- and the prequalification assessment
SSIP is a significant contribution to the ‘mutual
schemes in the SSIP Forum – go to: www.ssip.org.uk
recognition’ recommendations recognized in recent

3) *HSE’s ACoP to CDM 2007 says that if a buyer’s “judgement is reasonable and clearly based on the evidence...
asked for and...provided”, the buyer “will not be criticized” if the supplier it appoints subsequently proves not
to be competent when carrying out the work.

33 © BSI October 2010


PAS 91:2010

Annex G (informative)
Glossary of terms used in construction related
procurement
This glossary sets out an alphabetical list of terms used
in relation to construction procurement and provides
explanation of their use in PAS 91.

G.1 [construction] organization (noun)


any group of people acting together in a
predetermined, structured and coordinated
manner to achieve a common construction related
objective. In PAS 91 this term is used generically to
encompass firms, companies or other entities
functioning as part of a supply chain

G.2 sub-contractor (noun)


an entity (organization or individual) engaged to
carry-out work for another entity as part of a larger
project. In the PAS 91 supply chain (Figure 1) the second
and all subsequent suppliers can be considered as
sub-contractors, including the supplier last in the chain

G.3 workforce (collective noun) [treated


as singular or plural]
the people engaged in or available for work,
in a particular organization and in the supplier
organizations that constitute any of its supply chains

© BSI October 2010 34


PAS 91:2010

Annex H (informative)
Prequalification statistics

B.1 This annex provides information on the impact of prequalification on small firms.

Figure H.1 – Private contractors: number of firms (Great Britain)

Size of firm Third quarter each year: number


(by number
employed) 2004 2005 2006 2007 2008

1 71,620 73,117 71,960 74,325 78,826

2-3 55,027 57,320 58,910 60,313 62,910

4-7 26,865 28,435 30,375 31,814 33,594

8-13 10,982 11,599 12,230 12,669 13,459

14-24 6,161 6,341 6,656 6,860 7,102

25-34 1,985 2,037 2,056 2,128 2,262

35-59 1,906 1,928 2,034 2,129 2,211

60-79 550 573 583 597 647

80-114 464 469 467 490 511

115-299 560 556 562 595 602

300-599 148 148 148 154 164

600-1,199 75 65 72 65 60

1,200 and over 60 56 54 60 59

All firms 176,403 182,644 186,107 192,199 202,407

Source: ONS ISSN 1758–0838 – Construction Statistics Annual 2009

35 © BSI October 2010


PAS 91:2010

H.1 The PQQ burden on small firms – examples


H.1.1 Quote from Specialist Engineering Contractors company. This adds up to an expenditure of at least
GROUP £28 million for the whole membership. The number
“SEC Group surveyed 606 companies regarding of days spent solely on complying with these schemes
prequalification schemes. Participants in the survey averages 9 days, which means over 60,000 days a year
were The Association of Plumbing and Heating for the whole membership.“
Contractors (APHC), British Constructional Steel
Association (BCSA), Electrical Contractors Association H.1.2 Quote from National Specialist Constructors
(ECA), The Heating and Ventilating Contractors Council (NSCC):
Association (HVCA), The Lift and Escalator Industry “In a difficult economic market, improving efficiency
Association (LEIA) and SELECT, Scotland’s Electrical and reducing waste is vital for business survival. With
Trade Association. 29 member organizations, NSCC represents over 7000
SMEs in the construction industry, some of which
They found the average number of schemes which a report completing over 100 Prequalification
company has to subscribe to in a year is 2.3, or up to 20 Questionnaires (PQQs) per year, each requesting
for larger companies. Subscriptions vary between under essentially the same information. It is estimated that
£200 up to many thousand pounds, but the average every year 5,000 contractors collect information on
is £1,500. The cost of subscriptions to prequalification 180,000 sub-contractors and suppliers using more
schemes is of the order of £10 million, for the whole than two million paper questionnaires at a cost to the
membership of the six organizations surveyed. industry of £250 million. This is bad for business and
the construction industry as a whole and NSCC fully
Other costs associated with paperwork administering supports setting a standard for prequalification.”
the schemes in the companies, average £4,000 per

© BSI October 2010 36


PAS 91:2010

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