Q&As

For contracting authorities running a dynamic purchasing system, what guidance is available for use of additional supplier selection questions in Part 3 of the standard selection questionnaire? Can these questions be scored and/or weighted?

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Produced in partnership with Brendan Ryan of Pinsent Masons
Published on LexisPSL on 30/04/2018

The following Public Law Q&A produced in partnership with Brendan Ryan of Pinsent Masons provides comprehensive and up to date legal information covering:

  • For contracting authorities running a dynamic purchasing system, what guidance is available for use of additional supplier selection questions in Part 3 of the standard selection questionnaire? Can these questions be scored and/or weighted?

In September 2016, the government introduced a standardised selection questionnaire (SQ) for use in public procurement, which replaced the previous standard form pre-qualification questionnaire (PQQ). The standard form SQ is divided into three Parts:

  1. Part 1: Potential Supplier Information—supplier's basic information including contact details, company information, trade memberships, group bidding and subcontractors

  2. Part 2: Exclusion Grounds—supplier's self-declaration regarding the application of mandatory and discretionary exclusion grounds

  3. Part 3: Selection Questions—supplier's self-declaration regarding its ability to meet the selection criteria in respect of its financial standing, technical capacity and ability

The use of SQ is mandatory in relation to the establishment of a dynamic purchasing system (DPS), which is regulated under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 34. However, there is an acceptance that contracting authorities do have a greater degree of flexibility in relation to the preparation of Part 3 of the SQ for a DPS, than in the case for other forms of tender procedure. This perhaps relates to the unique characteristics of a DPS in comparison to the other forms of tender procedure. In respect of the latter, the SQ is followed by a separate evaluation exercise, whereas in relation to a DPS, all candidates who satisfy the selection criteria must be admitted to the DPS, without limitation as to their number.

In September 2016, the Crown Commercial Service issued

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