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Well-being of Future Generations Act’s well-being goals supported by this WPPN

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  • A prosperous Wales
  • A resilient Wales
  • A more equal Wales
  • A globally responsible Wales

Points to note

  • This Welsh Procurement Policy Note (WPPN) is effective from the date of commencement of the Procurement Act 2023 and the Procurement (Wales) Regulations 2024.
  • Any policy should be read in conjunction with the Wales Procurement Policy Statement, the Procurement Act 2023, the Procurement (Wales) Regulations 2024 and the Social Partnership & Public Procurement (Wales) Act 2023.
  • It should not be treated as legal advice and is not intended to be exhaustive – contracting parties should seek their own independent advice as appropriate. Please also note that the law is subject to constant change and advice should be sought in individual cases.
  • The note assumes a certain level of knowledge of public procurement. It is available via the Welsh Government website Gov.Wales and any queries should be directed to CommercialPolicy@gov.wales or via the Welsh Governments’ customer services.
  • References to the ‘Procurement Act 2023 and the Procurement (Wales) Regulations 2024’ will be expressed herein as “the Procurement Regime”.

1. Issue

1.1 The Single Procurement Document (SPD) used under the Public Contracts Regulations 2015 (PCR) has been retired following the coming into force of the new Procurement Regime.

1.2 This note concerns supplier selection questions in relation to Works contracts (works contracts (including the procurement of mixed contracts which include supplies and services but which, due to their works content, are subject to the Construction (Design and Management) Regulations 2015) being delivered in Wales) which both DWAs and suppliers should be aware of. WPPN 002 should be consulted for guidance on the new Wales Procurement Specific Questionnaire (WPSQ) and its use for Goods, Services and Works contracts and its interaction with the new Central Digital Platform (CDP) (the Central Digital Platform is the online system referenced in the Procurement Act 2023 is available at Find a Tender on GOV.UK).

2. Dissemination and scope

2.1 This WPPN has been published to assist all DWAs in Wales, including Welsh Government departments, NHS Wales bodies, Welsh Government Sponsored Bodies, local authorities and the wider public sector.

2.2 Please circulate this WPPN across your organisation and to other relevant organisations that you are responsible for, drawing it to the specific attention of those in procurement, commercial and finance roles.

3. Background

3.1 Supplier selection is a key stage in public procurement, where you must gather information on, and make assessments of, potential suppliers’ technical and professional abilities, economic and financial standing and whether any of the exclusion grounds apply.

3.2 Following extensive stakeholder engagement regarding the supplier selection stage for works contracts, DWAs should use the Common Assessment Standard (CAS) for Works contracts from 24 February 2025 instead of the SPD.

4. The Common Assessment Standard (CAS)

4.1 CAS, developed by an organisation called ‘Build UK’, is the industry-recognised standard for the pre-qualification of suppliers in the construction sector. 

4.2 The key benefits of adopting the CAS question set in Wales are:

  • Provides a standardised set of questions to be used by contracting authorities throughout England and Wales
  • Improves efficiency as suppliers who provide Works to contracting authorities in both England and Wales will have one common question set
  • Raises quality through an industry-agreed question set and corresponding assessment standards
  • Saves suppliers time and money in the pre-qualification process, as one common question set allows for quicker completion;
  • There is the potential for suppliers to obtain/use CAS accreditation
  • Data-sharing agreements between different CAS providers is available. This means that suppliers’ key data could be available in the portals of other Recognised Assessment Bodies that did not originally certify the supplier against the CAS
  • A Review Group maintains the CAS so that it remains fit for purpose, relevant and up to date. Also, anyone can submit suggested changes at any time through an online form.

4.3 To Note: 

  • The CAS question set will be available in Sell2Wales and eTenderWales as a template.
  • When the socially responsible procurement duties in the Social Partnership and Public Procurement (Wales) Act 2023 come into force, it is possible that there may be some additional questions required for pre-qualification in Wales. These are likely to be few in number and will be considered in due course.

5. Actions required by Devolved Welsh Authorities

5.1 The following guidance is in relation to Works contracts only (for a definition of “works contract” see Schedule 1 of the Procurement Act. For a definition of “works” in paragraph 5(1) of Schedule 1 to the Procurement Act, see Schedule 3 to The Procurement (Wales) Regulations 2024.) 

5.2 For Works contracts (including the procurement of mixed contracts which include supplies and services but which, due to their Works content, are subject to the Construction (Design and Management) Regulations 2015), DWAs should use questions from the CAS in the selection / pre-qualification of bidders. 

5.3 DWAs are permitted by the Procurement Act (See section 85 of the Procurement Act) to restrict the submission of tenders in relation to the award of a regulated below-threshold contract by reference to an assessment of a supplier’s suitability to perform the contract (i.e. use a pre-qualification stage), however there are restrictions if a DWA is to use a reserved procurement arrangement. Please see UKG guidance in this circumstance.

5.4 It is extremely important to note that it will be for individual DWAs to ensure the questions used from the CAS are: 

  1. relevant and proportionate to the contract being procured
  2. ensure equivalent standards are permissible
  3. ensure a level playing field for all types of suppliers, and
  4. for public contracts, have regard to the covered procurement objectives within section 12 of the Procurement Act 2023.

6. Legislation

6.1 Including, but not limited to:

  • The Wales Procurement Policy Statement
  • The Procurement Act 2023
  • The Procurement (Wales) Regulations 2024
  • The Social Partnership & Public Procurement (Wales) Act 2023
  • The Well Being of Future Generations (Wales) Act 2015

7. Timing

7.1 This WPPN applies to procurements commenced under the new Procurement Regime and is therefore effective from the coming into force of the Procurement Act 2023 and the Procurement (Wales) Regulations 2024 until it is superseded or cancelled.

8. Wales Procurement Policy Statement (WPPS) relevance

8.1 This WPPN aligns with the following WPPS principles:

Principle 1

We will leverage collaborative procurement activity in Wales to maximise long-term sustainable social and economic value outcomes from public spend.

Principle 3

We will progress long-term sustainable procurement, which builds on and scales best practice and sets clear steps that show how procurement is supporting the delivery of organisational well-being objectives.

Principle 5 

We will support Welsh Government policy objectives relating to progressive procurement, such as the Foundational and Circular Economy, through collaborative, place-based (whether national, regional or local) procurement activity which nurtures resilient local supply chains.

Principle 7

We will align our ways of working and increase stakeholder involvement to support innovative and sustainable solutions through procurement.

Principle 10

We will promote value-based procurement which delivers optimum long-term outcomes for Wales.

9. Contact details

9.1 If you have any questions about this WPPN, please contact: Commercial Policy – Polisi Masnachol: CommercialPolicy@gov.wales.

10. References

10.1 Welsh Government is pleased to acknowledge that it has drawn upon the following publications and organisations to supplement its own research to produce this guidance:

  • Build UK
  • Government Commercial Function

11. Annexes