Simon Harris (Wicklow, Fine Gael)
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Question 255: To ask the Minister for Public Expenditure and Reform if he has issued a directive to local authorities explaining the way construction and roofing companies can tender for infrastructure construction projects; and if he will make a statement on the matter. [16367/12]

Brendan Howlin (Wexford, Labour)
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All policy, guidance and implementation measures relating to capital projects is published on the Construction Procurement Reform website www.constructionprocurement.gov.ie where the Capital Works Management Framework provides a suite of best practice guidance, standard contracts and generic template documents are available to download for all contracting authorities to provide a consistent approach to the management of public works projects.

The Capital Works Management Framework was introduced on a phased basis from 2007 and became mandatory for all contracting authorities through the issue of Department of Finance Circular 06/10 on 5 May 2010. The documents are updated and augmented where appropriate to respond to new developments in the industry and changes in the regulatory environment.

Under EU rules all public works contracts above €5m must be published in the Official Journal of the EU and on the eTenders website, whilst our national rules require all public works contracts above €50,000 to be advertised on the eTenders website. While there is no requirement to advertise works projects below €50,000 on eTenders or elsewhere, the principle of transparency and non-discrimination still needs to be satisfied. Where a Contracting Authority does not advertise for projects below €50,000 and has satisfied the principles in some other way, five firms should be invited to tender with the expectation that five tenders will be submitted. Department of Finance Circular 10/10 'Facilitating SME Participation in Public Procurement' requires all public works contracts up to €250,000 to be procured using an 'Open' procedure.