All contracting authorities in England, and contracting authorities in Wales and Northern Ireland that exercise wholly or mainly reserved functions, should now use the Crown Commercial Service’s updated Standard Selection questionnaire (SQ), published with Procurement Policy Note 03/23, when undertaking above-threshold procurements within Part 2 of the Public Contracts Regulations 2015[1]. Use of the updated standard SQ is mandatory as from 1 April.
PPN 03/23, and the updated SQ, replace Procurement Policy Note 08/16 and the original standard SQ published with that PPN. The update makes several important changes to the SQ and its questions, and also contains revised statutory guidance under Regulation 107 of the PCR – reflecting a number of key legal and policy updates.
Following the UK’s exit from the EU, PPN 03/23 also replaces the “European Single Procurement Document” (ESPD) with the “Single Procurement Document” (SPD), under Regulation 59 of the PCR. In addition, there have been changes to Regulation 57 of the PCR (grounds for exclusion), and the standard SQ’s updates also reflect these.
The updated SQ includes several new or updated question sets reflecting current procurement policy (health and safety, supply chains, data protection, modern slavery, carbon emissions, and payment). It also includes updated guidance (Annex A) on key aspects of the SQ and its use, including self-declarations in relation to the exclusion grounds and reliance on other entities to demonstrate economic and financial standing and technical/professional ability. The guidance helps clarify what is meant by “reliance” on other entities in this respect. Mandatory and optional questions for inclusion in the SQ are in Annex B, and the Single Procurement Document is set out at Annex C. The exclusion grounds are set out for convenience in Annex D.
For more information please get in touch with a member of our Public Procurement team.
[1] The PPN asks contracting authorities to use the Common Assessment Standard (CAS) or PAS91, in place of the standard SQ, for works contracts – including the procurement of mixed contracts that include supplies and services.
About the author(s)
Chris is a leading lawyer in public procurement. He brings nearly two decades of experience in procurement across diverse sectors including central and local government, construction, developments and infrastructure, defence, health, education, the regulated industries and utilities.