Michael McGrath (Cork South Central, Fianna Fail)
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Question 154: To ask the Minister for Finance the procurement procedures that apply to construction projects of all public bodies in terms of tendering within Ireland and in the EU; and the different requirements that apply depending on the value of contract involved. [16694/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The procurement procedure for a public works contract comprises a qualitative selection and an award stage. Qualitative selection involves the assessment by a public body of all applicants who have expressed an interest in a tender competition in order to determine which of them have the competency to undertake the work. The award stage, on the other hand, deals with the evaluation of tenders received from selected candidates, with the contract being awarded to the most competitive tenderer.

In relation to the procurement procedures that apply to projects above the EU thresholds, public bodies must comply with directives 2004/17/EC and 2004/18/EC, as transposed into national law by SI No. 50 of 2007 and SI No. 329 of 2006. With regard to contracts below the EU threshold, the principles of transparency, non-discrimination, proportionality and fairness under the EU treaties must be observed.