Seán Fleming (Laois-Offaly, Fianna Fail)
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Question 177: To ask the Minister for Finance if he will supply a copy of the guidelines or other documentation that have been issued to public bodies regarding pre-qualification criteria to be used by them in respect of public contracts; the way it should be applied in respect of turnover and the recourse contractors have other than raising it with the public body concerned to have particular pre-qualification rules amended to allow a greater number of competent contractors to be considered for projects; and if he will make a statement on the matter. [5277/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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All suitability assessment guidance has been made available on my Department's website www.constructionprocurement.gov.ie to anyone to download. As this guidance is freely available no documentation has been specifically issued to public bodies regarding pre-qualification criteria to be used by them.

The application of turnover limits is a matter for individual contracting authorities to determine. Under EU law, the rules require that such limits must be proportionate to the size, complexity and nature of the relevant project, and they must also be transparent and non-discriminatory. Appropriate turnover levels should be set to enable contracting authorities establish a sufficient number of competent contractors who have the capacity to carry out the work to be included on a tender list.

Under EU law contracting authorities are obliged on request to inform unsuccessful tenderers of decisions reached in relation to these tenders. However, where firms are dissatisfied with the administration of public procurement procedures by contracting authorities, they can have recourse to the Irish courts or can register a complaint with the EU Commission.