Notes

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 this model PQQ should Local Authorities determine that questions on such aspects are acceptable.

Some Local Authorities use the Department for Business Enterprise & Regulatory Reform's pre-qualification database 'Constructionline'.  Relevant Organisations may have already supplied some of the information and documents requested in this Pre-Qualification Questionnaire to Constructionline.  

This Pre-Qualification Questionnaire identifies the information and documents that firms registered on Constructionline need not provide.   Local Authorities registered with Constructionline will need to amend the Questionnaire accordingly.

If the Local Authority has set minimum standards of financial and economic standing and/or technical capacity and ability, these minimum standards should be disclosed either in the relevant section of the OJEU contract notice, or in the PQQ (with a cross-reference to the PQQ in the OJEU notice). In addition, if the Local Authority intends to score PQQ responses with a view to shortlisting a maximum number to take forward into dialogue, an explanation of this approach should be provided to bidders with a copy of the scoring methodology.