Neasa Hourigan (Dublin Central, Green Party) | Oireachtas source

Mr. Gunning stated earlier that additional costs would fall into the arena of national construction inflation, healthcare policy change, statutory changes and employment orders.

On the additional legal fees from 2020 to 2022 which Mr. Gunning discussed with Deputy Shortall, No. 185 of the 2016 regulations on procurement guidelines for goods and services states:

A contract may be modified irrespective of its monetary value and without a new procurement procedure where the modifications have been provided for in the initial procurement documents by way of clear, precise and unequivocal review clauses, which may include price revision clauses or options.

[...]

Where additional works, services or supplies by the original contractor, irrespective of their value, that have become necessary and were not included in the initial procurement where a change of contractor (i) cannot be made for economic or technical reasons ... The modification in question shall not exceed 50% of the value ...

My question relates to the contractor, additional legal fees or any service involved. Is Mr. Gunning satisfied that the contract currently operating is in line with that statutory constraint? If it is not, why is that the case? Has consideration been given to retendering for distinct aspects of the services programme where it would seem the 2016 guidelines give the board that latitude?