Written answers

Thursday, 18 April 2013

Department of Public Expenditure and Reform

Public Procurement Regulations

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent)
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To ask the Minister for Public Expenditure and Reform if he will amend procurement rules requiring locally based agencies to purchase products from local suppliers when they are able to offer similar or better value to the nationally appointed provider, for example, when a local school has discretion to purchase stationery from a local supplier who is able to offer similar or better value than the nationally appointed supplier; and if he will make a statement on the matter. [17702/13]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Under EU law, public contracts above a certain values must be advertised EU-wide and awarded to the most competitive tender in an open and objective process. The aim is to promote an open, competitive and non-discriminatory public procurement regime which delivers value for money. It would be a breach of the rules for a public body to favour or discriminate against particular candidates on grounds of location or nationality and there are legal remedies which may be used against any public body infringing these rules.

The National Procurement Service (NPS) has put in place a number of national arrangements designed to secure better value for money from leveraging the public service’s buying power in relation to a range of goods and services that are commonly purchased across the public service. These national arrangements have benefits that include:

- cash savings;

- administrative savings from reduced duplication of tendering;

- greater purchasing expertise;

- improved consistency; and,

- enhanced service levels.

In some instances the take up of the NPS arrangements has been low. In order to increase the usage of the NPS arrangements and thereby secure best value for money, the Government decided that it should be mandatory for public service bodies to use specified national procurement arrangements. Last year my Department issued Circular 06/12 which implements the Government decision by making it a mandatory requirement that public service bodies avail of specified national arrangements put in place by the NPS. These national arrangements will secure best value for money and facilitate contracting authorities to deliver services within their budgetary constraints.

Where a mandatory framework arrangement exists, any public service body intending to make a purchase other than through the framework arrangement will need to ensure that it can explain the rationale for not using the NPS arrangement and provide a value for money justification that takes account of the full costs including those incurred in managing its own procurement process.

While the key purpose of Circular 6/12 is to enable the State to do more with less by aggregating procurement to secure better value for money, it is worth noting that such aggregation arrangements can be implemented in a manner that achieves value for money with a minimal negative impact, or indeed a positive impact, on SMEs. While a number of the categories of goods and services mandated under the Circular are suited to single supplier national arrangements, these need not be accepted as the norm. The greater use, where appropriate, of multi-supplier frameworks can address local supplier issues while also ensuring on-going cost competitiveness of the framework itself. Such multi-supplier frameworks may also offer SMEs the opportunity to participate in national level contracts, thereby offering valuable reference work when competing for public procurement contracts in other jurisdictions.

In order to encourage greater SME participation the NPS, over the past three years, has conducted a targeted programme of education for suppliers who wish to learn more about doing business with the Irish Public Service. This programme consists of seminars, workshops and large scale 'meet the buyer' events hosted nationwide. To date the NPS has facilitated workshops and presented at seminars to over 3,000 SMEs nationwide. Parallel with these events the NPS also works closely with business representative bodies such as ISME and IBEC to provide briefings for their members.

To summarise: we in government want better value for money for our substantial procurement spend and we want Irish SMEs, where necessary, to form alliances and networks to ensure they can tender on a competitive basis for this work.

Comments

Anne Frawley
Posted on 24 Apr 2013 12:45 am (Report this comment)

The Minister claims "Under EU law, public contracts above a certain values must be advertised EU-wide and awarded to the most competitive tender in an open and objective process. The aim is to promote an open, competitive and non-discriminatory public procurement regime which delivers value for money. It would be a breach of the rules for a public body to favour or discriminate against particular candidates on grounds of location or nationality and there are legal remedies which may be used against any public body infringing these rules."

This is a convenient reply to excuse an appalling tendering policy. Ireland and Luxenberg among the EU family issue between 14 -18% of tenders to outside interests. France and Poland as an example of two of the bigger economies within the EU family issue 1%

It seems to me the Minister would serve his public better if he explained why a small nation like Ireland, in bailout, with small businesses crying out for business is excessively worried about legal redress when big economies like France and Poland who
per capita of population have to be issuing "bigger" tenders decree that their tax paying money stays within their own economy to recycle.

While the Minister is at it he can explain the following: a recent tender for library supplies was issued to an out-side business - over a difference of 7K compared to the Irish businesses who tendered. In Ireland these businesses only tender - and they buy their supplies from the company the State gave the tender to.
As a consequence of the State's decision on this tender 6 Irish jobs were lost at a cost to the taxpayer of 6 x 30K = 180K of a current and future
cost to the exchequer.
The out-side company who was granted the tender is unlikely to be returning to the Irish exchequer so that is an additional cost to the exchequer. The removal of the Irish businesses by a supplier of theirs effects "competition" and costs to the State into the future.

In summary a saving claimed by the minister's department of 7K cost the exchequer 180K. That means by saving 7K it cost us 180K plus in year one. After year one the saving is gone but the cost at 180K plus is highly likely to continue year on year.

Nowhere even in dreamland can this be claimed to be a saving.


The Minister's and his department's basic grasp of what is actually happening in the marketplace is woefully lacking in understanding and displays a lack of proper risk assessment of all pertinent facts.

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