Leo Varadkar (Dublin West, Fine Gael)
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Question 127: To ask the Minister for Finance if he will amend the rules for construction tenders by public bodies and local authorities in order that small building contracts of less than €5.25 million can be awarded to any one of a short-list of approved contractors and in the case of civil engineering projects up to a limit of €15 million to apply an open tender process subject to firms meeting agreed minimum standards; and if he will make a statement on the matter. [36586/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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National guidelines dealing with the procurement of public works projects below the EU financial threshold can be found in the "Procurement Process for Works Contractors, GN 2.3" of the Capital Works Management Framework on my Department's website, www.constructionprocurement.gov.ie. This document provides guidance on the short listing of approved contractors (i.e. the restricted procedure) which is permitted as a standard option for public works contracts valued at less than €5.15 million (EU threshold). The use of short listing can also be used as a standard option for projects above the EU thresholds under Irish and European law.

In relation to allowing all firms that meet the minimum suitability standards participate in tender competitions for public works contracts, including civil engineering contracts, the guidance also allows this approach to be used by contracting authorities as a standard option. Further information on the use of suitability assessment methods for the works contracts is available in the Capital Works Management Framework published on my Department's website mentioned above. In addition, in light of pressures facing SMEs, my Department, in consultation with the Government contracts committee for construction, is finalising guidance to public authorities on the determination of appropriate levels of financial capacity of tenderers relevant to particular contracts.