Michael Creed (Cork North West, Fine Gael)
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Question 197: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the requirement imposed by some local authorities that companies tendering for construction works must have three years of tax records before being considered for work with the council; if this is a requirement dictated by him; if so, the reason for same; and if he will make a statement on the matter. [20804/09]

John Gormley (Dublin South East, Green Party)
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No requirements, in addition to EU procurement requirements and national procurement policy and guidelines as set out by the Department of Finance, have been defined by my Department in respect of tendering for construction contracts within the local government sector. Both EU and National guidelines stipulate that demonstration of financial capacity is a valid criterion for tender evaluation progress. While it is a matter for each local authority to define the criteria to be used for these purposes, any qualitative criteria used should be relevant, appropriate and not unduly restrictive.