Updated PAS 91 – selection questionnaire for works contracts

12/12/2017

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Emily Heard

Partner

The British Standard Institute (BSI) has published the long-awaited amended version of the construction industry standard qualification questionnaire, PAS 91:2013.

PAS 91:2013+A1:2017 is now available to download free from the BSI shop - click here to download.

The amendments have been made to ensure that the PAS aligns with new legislation, in particular the Public Contracts Regulations 2015 and the Construction (Design and Management) Regulations 2015.

The publication of PAS 91:2013+A1:2017 is a welcome development in the procurement of works contracts.

Prior to publication of PAS 91:2013+A1:2017 contracting authorities were required to “pick and mix” from the standard Selection Questionnaire and PAS 91:2013, to produce a standard selection/pre-qualification document for procuring works contracts. This was because PAS 91:2013 was out of date. In particular, it still referred to the grounds for exclusion set out in the 2006 Public Contracts Regulations and it was not aligned with the requirements of the European Single Procurement Document (ESPD). Guidance issued by Crown Commercial Service confirmed that contracting authorities should use Parts 1 and 2 of the Standard Selection and relevant selection questions from PAS 91:2013, pending updating of PAS 91:2013[1].

PAS 91:2013+A1:2017 is an updated version more closely aligned with the standard Selection Questionnaire and ESPD. Updating has included amendments to questions about supplier identity and financial information which reflect the approach of Part 1 of the SQ. New tables, for use by public sector purchasers, list the mandatory and discretionary grounds for exclusion set out in the 2015 Public Contracts Regulations with suppliers required to self-declare compliance.

The intention appears to be that PAS 91:2013+A1:2017 is used as the standard questionnaire for procurement of works contracts over the relevant thresholds, without the need to mix and match with the standard Selection Questionnaire published by Crown Commercial Service.

The foreword to PAS 91:2013+A1:2017 states that “Its use in relation to procurement for works contracts (including the procurement of supplies and services subject to the Construction (Design and Management) Regulations 2015 and needed in relation to the works) in the scope of the Public Contract Regulations 2015 is confirmed in a Procurement Policy Note issued by the Crown Commercial Service in November 2017.” (our emphasis).

We have not yet been able to track down this PPN but we assume it is in the pipeline.

 

If you would like any more information please contact Emily Heard or a member of the Procurement Team.

 

[1] FAQs on use of the standard Selection Questionnaire, updated 8 February 2017 – response to question “When should I use PAS 91?”. https://www.gov.uk/government/publications/procurement-policy-note-816-standard-selection-questionnaire-sq-template

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