Written answers

Wednesday, 18 April 2012

Department of Education and Skills

Departmental Contracts

10:00 pm

Photo of Patrick NultyPatrick Nulty (Dublin West, Labour)
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Question 411: To ask the Minister for Education and Skills the number of State companies who have used overseas companies for printing work in the following years 2008, 2009, 2010 and 2011; if he is satisfied that this is an appropriate use of State resources; and if he will make a statement on the matter. [19743/12]

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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The information sought by the Deputy is an administrative matter for each agency and is not managed centrally by my Department. As the Deputy will be aware, the procurement of goods, works and services by bodies under the aegis of my Department is carried out in conformity with the EU Treaty principles of non-discrimination, equal treatment, transparency, mutual recognition, proportionality, freedom to provide service and freedom of establishment. All bodies under the aegis of my Department are aware of the need to achieve value for money while conducting procurement in a fair, open and transparent manner that is fully compliant with the EU Procurement Directives and national procurement policies and guidelines. The Code of Practice for the Governance of State Bodies outlines the responsibilities of state bodies in this regard and my Department regularly updates the aegis bodies on developments in relation to public procurement policy and practices.

Photo of Eoghan MurphyEoghan Murphy (Dublin South East, Fine Gael)
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Question 412: To ask the Minister for Public Expenditure and Reform if it is his policy or law to award public tenders to companies in receivership; and if he is reviewing procedures for the awarding of printing and other such contracts in view of recent experience. [17912/12]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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The assessment of a tenderer's financial and economic standing is a key part of any procurement process. Establishing the appropriate suitability criteria that are relevant and appropriate to a particular contract is, of course, a matter for the contracting authority concerned. This is because the contracting authority is in the best position to gauge the appropriate levels of financial capacity that are appropriate to the needs of that specific contract.

In this regard, tenderers must declare that they have the necessary capacity to carry out a contract and must be in a position to produce the necessary documentation when requested. That documentary evidence (e.g. bank statements, audited accounts, proof of professional indemnity, etc.) need only be produced when a tenderer has been short-listed or is coming under consideration for the award of a contract. Contracting authorities are advised to check these issues throughout a procurement process up to the point of awarding a contract to ensure that such circumstances have not changed. If the financial situation of the tenderer has changed they can be excluded from any further participation in the competition.

Any tenders received from companies in receivership are considered on their own merits, taking account of the circumstances of the case and the provisions of the relevant tender competition.

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