Fergus O'Dowd (Louth, Fine Gael)

During my time as Opposition spokesperson on transport, CIE and Iarnród Éireann were regularly invited to committees to discuss issues like this. Following receipt of the information from Deputy Ferris, I will ensure it is given to the Minister and will ask that it be forwarded to the board of CIE. The key point is that the Minister for Transports, Tourism and Sport has no role in deciding where contacts are awarded. That is the function of the boards of CIE and Iarnród Éireann. The Deputy has rightly raised the question of whether they were aware of the facts outlined and if so, what implications, if any, this might have in terms of the legal awarding of the contract to the successful bidder.

Six expressions of interest were obtained from the initial advertisement. Following a pre-qualification process, four entities were invited to submit tenders. Three tender submissions were received. larnród Éireann determined that it wished to award a single contract encompassing operation and maintenance services. As one of the tender submissions related to maintenance services only, this tender was not considered for the purposes of awarding the contract. Following initial tender submissions in September 2010, the tender evaluation process entailed four rounds of discussions with the two companies competing for operation and maintenance of the contract. Negotiations in this regard concluded in September 2011.

The contract award criteria for the purposes of the tender evaluation comprised 65% cost, 30% methodology for provision of services under the contract and 5% start-up time. A procurement evaluation panel, which consisted of suitably qualified and experienced larnród Éireann infrastructure managers, determined which tender submitted the most economically advantageous tender having regard to the award criteria.

The issues the Deputy brought to my attention will be brought to the attention of the Minister, Deputy Varadkar, and the company concerned. I suggest to the Deputy that, as the Minister has no role in awarding contracts, he, as a member of the transport committee should, as a matter of urgency, ensure Iarnród Éireann is called to attend before that committee to urgently discuss these issues, at which point he can seek all information to which he is entitled.

The Railway Safety Commission is the regulator in this area. I have no doubt it will ensure that any activity carried out for and on behalf of Iarnród Éireann will meet all safety requirements.

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