Blog: 6 April 2023 - Sharpe Pritchard, Corporate Partner

PPN 03/23 Standard Selection Questionnaire updated

On 9 March 2023, the Cabinet Office and the Crown Commercial Service jointly published PPN 03/23 (“PPN”) which updates the standard Selection Questionnaire (“SQ”) for public procurements and its accompanying statutory guidance.

At a glance

The PPN applies to all contracting authorities (“CAs”) in England, and CAs in Wales and Northern Ireland which exercise wholly or mainly reserved functions, when they undertake above threshold procurements within Part 2 of the Public Contracts Regulations 2015. The PPN clarifies and introduces questions in Part 3 of the SQ whilst allowing CAs to rephrase questions based on their e-procurement systems style or format. PPN 03/23 states that it supersede PPN 08/16 and replace the European Single Procurement Document with the SQ template at Annex C of PPN 03/23.

The specifics

The PPN provides clarity to CAs on what is deemed as acceptable responses by bidders. For example, clarity is provided in the definitions of ‘relying on another organisation’ to meet the selection criteria to when a bidder relies on an organisation’s technical and professional ability and/or economic and financial standing. Moreover, the changes mean that bidders acting on behalf of a group/consortium or using subcontractors may need to complete Part 3 of the SQ differently than Parts 1 or 2 and show how a subcontractor has provided similar requirements previously.

There have also been amendments to the financial questions and checks in Part 3 although CAs can choose to only include appropriate and proportionate questions. In all cases, CAs should state any minimum Economic and Financial Standing (“EFS”) requirements, selection criteria and methodology assessment. For instance, stating that the CA will require evidence to be provided under regulation 60(8) PCR 2015 to assess whether the bidder meets the minimum EFS requirements.

The PPN also refers to several other related PPNs which are to be considered in the procurement selection process and introduces several questions accordingly. Namely, CAs should develop an appropriate selection criterion in relation to bidders’ technical and professional ability. This includes bidders’ abilities to implement appropriate measures to protect the right of data subjects, comply with GDPR, meet environmental law obligations and manage health and safety in their supply chains. As noted in our blog, CA’s must also work with suppliers to actively identify and manage modern slavery risks in their supply chains. Also, with central government contracts valued above £5 million per annum, CAs require confirmation that the bidder is committed to achieving Net Zero by 2050, supported by an effective Carbon Reduction Plan, and has reliable, effective payment systems in their organisation.

Key takeaway

CAs should familiarise themselves with the PPN and its accompanying statutory guidance, and check that their e-procurement platforms address the updates and provide sufficient explanation to bidders regarding the new selection questions. CAs must be aware of their obligation to report deviations from the standard questions. Also, we would recommend that CAs regularly check for updates from the Cabinet Office and Crown Commercial Service concerning this PPN and the SQ and ensure they implement any updates accordingly.

We advise contracting authorities on all manner of issues relating to public procurement and our experts are on hand to guide authorities through the intricacies of running a procurement and responding to procurement challenges.

This article is for general awareness only and does not constitute legal or professional advice. The law may have changed since this page was first published. If you would like further advice and assistance in relation to any of the issues raised in this article, please contact us today by telephone or email enquiries@sharpepritchard.co.uk.

Authors:

Juli Lau

Gonzalo Puertas

Shyann Sheehy