Written answers

Tuesday, 7 March 2017

Department of Public Expenditure and Reform

Public Procurement Contracts

Photo of Frank O'RourkeFrank O'Rourke (Kildare North, Fianna Fail)
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361. To ask the Minister for Public Expenditure and Reform the process in place for the public procurement of legal services; if the process is overseen by the Office of Government Procurement; the date from which the process was applicable; if the process applies to NAMA; if any analysis has been performed on whether the process has succeeded in reducing legal fees; if so, the outcome of such an analysis; and if he will make a statement on the matter. [11250/17]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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The Office of Government Procurement has been established to centralise the procurement of common goods and services across the public sector. This move is in line with best practice in the public and private sector and is part of the continuing reform programme being driven by the Department of Public Expenditure and Reform.

OGP has taken responsibility for the procurement of Professional Services. A key category for which a sourcing strategy has been developed is Legal Services and more particularly those services which public bodies procure from Solicitors. This sourcing priority is based on the fact that the state procures a significant volume and value of legal services in any given year from Solicitors.

Service needs range from routine transactional services such as a low value conveyancing need to high end strategic advice on complex legal matters that are of national importance or unusual legal complexity such as a public private partnership or matter that involves major litigation or potential exposure to major litigation.

These range of requirements exist across all sectors within the public service and therefore it is considered appropriate that the broader OGP procurement strategy for legal services recognises the differences in service needs as well as recognising the requirements of individual sectors and organisation.

OGP has already implemented five (5) key Framework Agreements/contracting arrangements and is currently examining the requirement to establish two (2) additional Framework Agreements.

The following table outlines the arrangements that OGP has put in place for the public sector and the date from which each arrangement is operable:

TitleOperable Date
National Framework for Legal Services (excluding Govt Depts)August 2016
Sectoral Framework for Local Government Legal ServicesSeptember 2016
Sectoral Framework for Educational Training Board Legal ServicesApril 2017
Provision of Legal Services to HSEApril 2016
Provision of Legal Services to TuslaDue 1st May 2017

OGP has made provision for NAMA, among others, as Framework Clients to procure legal services through National Framework for Legal Services (excluding Govt Depts).

Savings estimates have been developed for each of the arrangements put in place.

The following table outlines the estimated annual forecast secured savings for each arrangement:

TitleForecast Secured Savings (Annual)
National Framework for Legal Services (excluding Govt Depts)€3.4m
Sectoral Framework for Local Government Legal Services€1.6m
Sectoral Framework for Educational Training Board Legal Services€0.13m
Provision of Legal Services to HSE€0.9m
Provision of Legal Services to Tusla€2.0m
Total€8.03m

Accessing Legal Services can be difficult for Public Sector bodies, particularly those that do not regularly need these services and may be unfamiliar with the marketplace. The procurement process itself can also involve significant time and money, both for the awarding authority and service provider.

The arrangements put in place by OGP are fully compliant with procurement regulations and reduce the time and costs associated with the procurement process by offering a facility that has already been competitively tendered.

These arrangements aims to deliver easy access to high-quality, efficient and effective services for Public Sector bodies, at the best possible price.

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