Seán Fleming (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

Question 169: To ask the Minister for Finance the value of an individual public contract that must go to tender under EU procurement rules; if pre-selection criteria are relevant in all such cases; and if he will make a statement on the matter. [28017/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

The current thresholds above which public contracts must be awarded in accordance with EU public procurement directives are for works contracts €5,150,000; for supplies and services contracts of Government Departments - €133,000; for supplies and services contracts of other public bodies - €206,000; for supplies and services contracts of entities in the utilities sector - €412,000.

The directives provide for the pre-selection of tenderers to participate in a tendering process. The purpose is to ensure that only tenderers who have the necessary technical expertise and capacity to perform the contract are awarded public contracts. The level of expertise and capacity for pre-selection must be proportionate and relevant to the needs of the contract.

Contracting authorities have the choice of pre-qualifying tenderers in a one stage or two stage tendering procedure. In a one stage open procedure, candidates are given all the tender documentation, including the necessary minimum capacity requirements, and invited to submit tenders. Procurement guidelines require that minimum conditions are made clear to avoid unqualified bidders incurring the expense of preparing and submitting tenders. Alternatively, contracting authorities may choose a two stage process whereby, as a first step, interested parties are asked to provide details of their capacity and expertise after which only those who meet the necessary standard are invited to submit tenders.

While the public procurement directives set out the relevant criteria and procedures for pre-qualification of tenderers for contracts covered by the directives, the principles of pre-qualifying suitable tenderers apply for all public contracts.