Failure to provide minimum pension contribution protection following a TUPE transfer can end up costing a lot more than if provision had been made.
You may have missed this, as we nearly did, but just before Christmas the British Standards Institution issued an updated version of PAS 91.
PAS 91 is the form of prequalification questionnaire which the Crown Commercial Services (“CCS”) mandates for contracts for works and associated services (ie architects, surveyors, employer’s agents and other construction professionals) and supplies (ie building material supply).
The previous version of PAS 91 was published in 2013 and therefore had not been updated to take account of the Public Contract Regulations 2015 (“PCR 2015”) or the Construction (Design and Management) Regulations 2015 (“CDM Regulations 2015”). As a result, it was necessary to produce a hybrid of the CCS Standard Selection Questionnaire and the 2013 PAS 91.
This continued for many months with the updated PAS 91 having been originally promised for July 2015. However, an updated version of PAS 91 has now been published which deals with PCR 2015 and the CDM Regulations 2015. PAS 91 must therefore now be used on contracts for works and associated services and supplies.
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