Catherine Murphy (Kildare North, Independent)
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252. To ask the Minister for Public Expenditure and Reform if his attention has been drawn to the delays being experienced by some local authorities due to the protracted nature of some public procurement processes; if he intends to issue new guidelines to streamline the process, particularly for tenders which are below EU threshold values; and if he will make a statement on the matter. [20138/13]

Catherine Murphy (Kildare North, Independent)
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253. To ask the Minister for Public Expenditure and Reform if he intends to raise the matter of public procurement at EU level in order to establish a more streamlined process to avoid lengthy and costly delays in the procurement process that are being experienced by local authorities; and if he will make a statement on the matter. [20139/13]

Brendan Howlin (Wexford, Labour)
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I propose to take Questions Nos. 252 and 253 together.

Public procurement is the acquisition, whether under formal contract or not, of works, supplies and services by public bodies. Public procurement in Ireland is governed by legal requirements, rules and guidelines set both at national and EU level. The general requirements for goods and general services are set out in the Public Procurement Guidelines - Competitive Process 2004 (revised), whilst those for works and works-related contracts are set out in the Capital Works Management Framework. This guidance incorporates key elements of EU legislation that have been transposed into Irish law and is complemented by circulars and guidance issued by my Department and the National Procurement Service.

The most important of the guidance published by my Department includes:

- Public Procurement Guidelines - Competitive Process 2004 , in respect of the procurement of services and supplies - highlighting the need for a competitive process in respect of contracts below the EU threshold values;

- Circular 10/10 - require public bodies to promote participation of small and medium-sized enterprises in the award of public contracts;

- 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; and

- Standardisation and simplification of tender documentation (for supplies and services) - In order to reduce the costs involved in participating or conducting the procurement function, the National Procurement Service has published a suite of model tendering and contract documents which help businesses and buyers to reduce costs.

All regulations, circulars, guidelines and standard forms are available on the Government's eTenders website at: www.eTenders.gov.ie for goods and general services and at www.constructionprocurement.gov.ie for construction works and related services.

Under EU Directive on public procurement contracts above certain thresholds must be advertised on the Official Journal of the EU and awarded on the basis of objective and non-restrictive criteria. For works contracts the threshold is €5 million; for supplies and service contracts awarded by Government Departments the threshold is €130,000 and for the remainder of public bodies the threshold is €200,000. The threshold for supplies and service contracts of entities operating in utility sectors (water, energy, transport and postal) is €400,000. For contracts below these thresholds, the general requirement is that they be advertised on the national public procurement website www.etenders.gov.ie or, depending on value, awarded on the basis of a competitive process of direct invitation to an adequate number of suitable suppliers.

The aim of European and national rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money.

My Department is currently participating at EU level in the review of EU Directives: 2004/17/EC (procurement in the water, energy, transport and postal services sectors) and 2004/18/EC (public works, supply and service contracts). Whilst discussions on the revision of these Directives are currently underway, it is clear that one of the key reforms will be the introduction of an EU wide eProcurement procedure which will facilitate shorter procurement procedures.

The management of the tendering process for a public contract is a matter for each contracting authority. It is the responsibility of each contracting authority to ensure that tenderers comply with all the requirements of the process. In relation to delays being experienced by some local authorities in public procurement processes, these are matters for my colleague Deputy Phil Hogan, Minister for the Environment, Community and Local Government.