Construction Related Procurement Pas-91-2010-48e
Construction Related Procurement Pas-91-2010-48e
Construction Related Procurement Pas-91-2010-48e
Publication history
First published 1st October 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
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.
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.
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.
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.
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
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.
Annex A (normative)
Prequalification questions – core modules
Table A.1 – Core question module A1: Supplier identity, key roles and contact information
Company or charity
registration number
A1-3 Contact details for enquiries Contact name, title, email, telephone
number
Table A.1 – Core question module A1: Supplier identity, key roles and contact information (continued)
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
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
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
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
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
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
Annex B (normative)
Prequalification questions – supplementary modules
Table B.1 – Supplementary question module B1: Health and safety policy and capability
– CDM co-ordinators and designers
Table B.1 – Supplementary question module B1: Health and safety policy and capability – CDM co-ordinators and
designers (continued)
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
Table B.2 – Supplementary question module B2: Equal opportunity and diversity policy
and capability
Table B.2 – Supplementary question module B2: Equal opportunity and diversity policy and capability (continued)
Table B.3 – Supplementary question module B3: Environmental management policy and capability (continued)
Table B.4 – Supplementary question module B4: Quality management policy and capability
Table B.4 – Supplementary question module B4: Quality management policy and capability (continued)
Annex C (informative)
Example of question module exemption provision
Yes No
Annex D (informative)
PAS 91 overview
Client
Suppliers
First and intermediate
supply chain suppliers/buyers
Buyers
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.
General information
questions
Annex A
Construction-specific
questions
PAS 91
Additional construction
questions module 1
Annex B
Additional construction
questions module 2
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.
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,
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).
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
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
Annex E (informative)
Public sector buyers
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.
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.
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.
Annex H (informative)
Prequalification statistics
B.1 This annex provides information on the impact of prequalification on small firms.
600-1,199 75 65 72 65 60
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