Note

Technical capacity and ability are not defined in the Procurement Regulations.  Questions have arisen as to whether technical capacity would cover the ability to comply with legal requirements, for example, health and safety legislation, equal opportunities or environmental management.

Whilst some Local Authorities have included specific questions on these aspects as part of a PQQ, Local Authorities must take care when including such provisions and legal advice should be sought on whether it is acceptable to include provisions relating to health, safety, equal opportunities and environmental protection in the PQQ.

Model questions on quality assurance, health and safety, equal opportunities and environmental management are included in the 4ps model PQQ and this model PQQ Evaluation Framework should Local Authorities determine that questions on such aspects are acceptable.