Written answers

Tuesday, 16 December 2014

Department of Public Expenditure and Reform

Public Procurement Contracts

Photo of John O'MahonyJohn O'Mahony (Mayo, Fine Gael)
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250. To ask the Minister for Public Expenditure and Reform if his attention has been drawn to the fact that some public bodies insert conditions into invitations to tender that favour existing providers of goods and services and that these conditions are often unreasonable and designed to attract a preferred provider; and if he will make a statement on the matter. [48059/14]

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. Such requirements would logically be developed on a case by case basis with reference to the specific needs of the contract.

Notwithstanding the above the Government recognizes that it is vital that all suppliers engaging with contracting authorities are treated in a fair, transparent and professional manner. The Office of Government Procurement (OGP) has engaged with SME stakeholders who have raised concerns in relation to possible barriers for SMEs in competing for tender opportunities. In order to address these concerns, the OGP has developed a pilot programme designed to give an informal outlet for potential suppliers to raise concerns in relation to a particular live tender process. The objectives of the initiative are to improve communications with suppliers and increase professionalism and consistency in how procurement processes are carried out across the public service.

The new Tender Advisory Service (TAS) will liaise with potential suppliers and contracting authorities to clarify or query tender documentation and, where necessary, will make suggestions to contracting authorities aimed at resolving the concerns that have been raised.  As a matter of course TAS will communicate, to all parties, the informal nature of this service and that they do not have any legal authority to overturn any decision that has already been taken by the responsible contracting authority. As tendering of public service contracts must be carried out in an open and transparent manner, any information arising from this service will be communicated to all suppliers that have registered an interest in the tender process by the contracting authority.

This new service will contribute to an improved public procurement landscape for both suppliers and contracting authorities and to maximise all avenues for dealing with issues arising. The service will be operational from the 1stFebruary 2015 and details of the pilot will be available shortly on the OGP website .

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