Following publication of PPN 03/23, Contracting authorities are now able to use either the well-known PAS 91 supplier questionnaire for public works contracts or the Common Assessment Standard (CAS). PPN 03/23 primarily updated the Selection Questionnaire and replaced PPN 08/16.
For more information on the implications of PPN 03/23 on the Selection Questionnaire please refer to our previous insight here. This insight will focus on CAS and the key changes between CAS and PAS 91 to help contracting authorities make an informed decision on which suits their organisation.
CAS, developed by Build UK, is a comprehensive industry-agreed questionnaire based on existing prequalification questionnaires, including PAS 91. It was introduced to improve the efficiency and reduce the cost for buyers and suppliers that has long been associated with industry PQQs. The Centre of Construction Law at King's College, London, carried out an independent review ''Constructing the Gold Standard' which concluded that CAS would improve the efficiency and reduce the cost involved in public-sector prequalification. PPN 03/23 adopts this recommendation and gives contracting authorities the confidence that CAS is a viable alternative to PAS 91 and represents good practice. The CAS means that contracting authorities can assess the capability of their suppliers across 13 pertinent compliance topics, including: Anti-Bribery and Corruption, Health & Safety, Data Protection, Equality & Diversity, Financial Information, Modern Slavery and Quality, Corporate Social Responsibility, Information Management, and Information Security.
PAS 91 was introduced in 2010 as a standardised questionnaire in response to the increased use of construction, and particularly health and safety, PQQs. The proliferation of these questionnaires has long been a frustration for suppliers and buyers due to the complex, costly and repetitive system. When it was first introduced, PAS 91 was seen as a ground-breaker in tackling the problem. However, following its launch in 2019 the CAS has been growing in popularity for the prequalification of construction contractors in public procurement processes. PAS 91 questions cover 8 areas of risk management, whereas CAS helps organisations demonstrate regulatory compliance across 13 different areas of risk management.
Perhaps the key difference between PAS 91 and CAS is that the CAS is reviewed every year to ensure that it continues to meet the needs of the industry. With no such annual review, the PAS 91 revision cycle means it will be more likely to be outdated (for example, PAS 91 doesn't contain sections on Modern Slavery, Information Security and GDPR, Data Protection and Information Management).
In today's data-driven landscape, it is of growing importance for organisations to take all the necessary steps to protect data and for public-sector bodies to trust their suppliers' handling of data. PAS 91 does not assess organisations on their compliance with GDPR, information and security and data protection. From our experience contracting authorities have been including bespoke sections on GDPR compliance, having a standardised set of questions under CAS will be seen as a benefit. In comparison, the CAS has sections on each of these topics, asking questions to enable contracting authorities to make a detailed assessment on the competence of potential suppliers. The annual revision process means that questions may be adjusted as necessary to reflect changing legislative and buyer assurance requirements, thereby offering more flexibility. For example, in 2022 Build UK's CAS Review Group released a mid-year update allowing the CAS to ask for supplier confirmation that they don't do business with those on the UK Sanctions List. Going forward, the CAS is also expected to include new questions and standards to cover supplier requirements under the Building Safety Act 2022.
The extension of the CAS to the public sector streamlines the procurement process, helps contracting authorities make more informed decisions about which contractors to engage, and reduces the time and costs associated with assessing relevant and essential compliance topics. The adaptability of the CAS is very welcome news for public-sector bodies, and it is widely anticipated that contracting authorities will increasingly opt to use the CAS as the PQQ assessment of choice for substantial public works.
