Seanad debates

Wednesday, 18 May 2022

Quality in Public Procurement (Contract Preparation and Award Criteria) Bill 2021: Committee Stage

 

10:30 am

Photo of Ossian SmythOssian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

I want to indicate my intention to introduce an amendment on Report Stage. This is a consequence of the proposed amendment to section 3. If we amend section 3, we are likely to require an amendment to section 4 too. From a policy perspective, the requirement under section 4 of the Bill for the chief deciding officer, for example, a Secretary General or a CEO, to make a declaration on every procurement procedure where price is the only award criterion could be onerous and unnecessary. Such a declaration may be subject to legal challenge by dissatisfied bidders, not least on the basis that the chief deciding officer, who may not be an expert in procurement, may be considered to have introduced a discriminatory input into the procurement process. Interventions by a chief deciding officer to the assessment in the subject matter of the proposed procurement would need strong assurance that no material difference applied in quality or price-quality ratio, as appropriate.

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