Clare Daly (Dublin Fingal, Independent)
Link to this: Individually | In context | Oireachtas source

244. To ask the Minister for Housing, Planning, Community and Local Government further to Parliamentary Question No. 147 of 2 February 2017, the details of the appropriate body to deal with complaints that a local authority has not complied with EU rules and legislation regarding tendering. [6986/17]

Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Each local authority has a designated Procurement Officer who plays a key role in delivering strategic procurement objectives including ensuring that the local authority complieswith procurement directives, legislation, circulars and other legal requirements. Each local authority also has an internal audit function which provides an independent, objective assurance designed to add value and improve the organisation's operations.

The Tender Advisory Service (TAS) is being piloted by the Office of Government Procurement (OGP) to assist suppliers who have issues or concerns with a procurement process carried out by a public sector contracting body. TAS operates through the OGP's Customer Service Section.

Issues regarding public procurement can also be raised with the contracting authority at any time during the tender process. Following the evaluation of tenders, the Irish Regulations (implementing the Remedies Directive) provide for a minimum standstill period of fourteen days where notification in compliance with the Irish Regulations is sent by fax or electronically and a minimum standstill period of sixteen days where notification is by any other means. The standstill period starts on the day after the day on which the notification is sent. The purpose of a standstill period is to allow for effective pre-contract remedy to disappointed tenderers and the contracting authority may not conclude a contract with an identified preferred tenderer during this time.

Legal redress can also be sought from the High Court in the form of a Judicial Review. Regulations provide that an application shall be made within 30 calendar days after the applicant was notified of the decision, or knew or ought to have known of the infringement alleged in the application.