Billy Timmins (Wicklow, Independent)
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109. To ask the Minister for Public Expenditure and Reform the appeal mechanisms, outside of judicial review, that are in place for parties who are unsuccessful in the public procurement process; his plans to introduce such an appeal mechanism; the specific steps the State takes to ensure that parties who are unsuccessful in the public procurement process and undertake a judicial review against the awarding body are not disadvantaged when competing in subsequent public procurement processes; and if he will make a statement on the matter. [24104/15]

Brendan Howlin (Wexford, Labour)
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The Office of Government Procurement (OGP), has developed a pilot service to address  concerns raised by suppliers most notably SMEs, in relation to possible barriers for suppliers in competing for public procurement tender opportunities, as part of the Action Plan for Jobs 2014.

The pilot service known as the Tender Advisory Service (TAS) was launched on 1st February 2015 and was welcomed by industry representative bodies. The service is designed to give an informal outlet for potential suppliers to raise concerns in relation to a particular live tender process. The pilot covers all procurement processes carried out by the OGP or other public sector contracting body (excluding the commercial semi-state bodies) and will be subject to review after the first twelve months.

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. Engagement with the service in no way impedes the rights of individuals to pursue their rights formally under the Remedies legislation.

Under EU and National rules, contracting authorities are responsible for their own decisions relating to the tendering process. However, in the interests of best practice the contracting authority should comply with any suggestion made by this service.

Parties who engage with TAS or undertake a judicial review against a contracting authority in respect of a particular tender competition should not be disadvantaged when competing in subsequent public procurement completions. To do so would be in contravention of national and EU rules which seek to promote an open, competitive and non-discriminatory public procurement regime. Contracting Authorities cannot favour or discriminate against particular candidates and there are legal remedies which may be used against any public body infringing these rules. Contracting authorities are responsible for establishing arrangements for ensuring the proper conduct of their affairs, including conformance to standards of good governance and accountability with regard to procurement.