Oireachtas Joint and Select Committees

Wednesday, 6 December 2023

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

Preventing Bid Rigging in the Public Procurement Process: Discussion

Mr. David O'Brien:

Each tender has to be taken on its individual merits. The various documents and specifications that make up a project have to be looked at. That is what the bidders are responding to as well. If the bidders see that there is an advantage in any aspect of that - particularly in construction projects where there is such a spread of materials, methodologies and solutions to deliver the project - they can propose innovative solutions or they could potentially be looking at gaps in the information that is supplied. That is quite often an avenue where claims arise thereafter. Essentially excluding them on the basis that you have arrived at a decision that the bid is abnormally low is something that could give rise to a challenge. It is necessary to tread carefully with respect to an exclusion on that basis.

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