Mairead Farrell (Galway West, Sinn Fein)
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525. To ask the Minister for Public Expenditure and Reform if contracting authorities are required under European Union (Award of Public Authority Contracts) Regulations 2016 for negotiated procedure without prior publication to keep a record that justifies their use of the provision; and if he will make a statement on the matter. [14382/21]

Michael McGrath (Cork South Central, Fianna Fail)
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The Negotiated Procedure without Prior Publication is an exceptional procedure and can only be used in a limited number of defined circumstances as set out in Regulation 32 of the European Union (Award of Public Authority Contracts) Regulations 2016. These circumstances include, inter alia, for service contracts where the contract follows a design contest, for repetition of similar works or services by the original supplier where such works or services are in conformity with a basic project for which the original was awarded and in cases of extreme urgency not attributable to the contracting authority and brought about by events unforeseeable by the contracting authority when the time limits specified for the Open or Restricted Procedure or Competitive Procedures with Negotiation cannot be complied with.  

Regulation 84 mandates contracting authorities to prepare a written report recording the progress of the procurement procedure and to justify decisions taken at all stages of the procurement procedure. The reporting and documentation requirements, stipulated under Regulation 84 (1) (f) for Negotiated Procedures without Prior Publication, requires the contracting authority to provide the circumstances referred to in Regulation 32 which justify the use of that procedure.  In addition, these records as stipulated in Regulation 84 (5) must be maintained by the contracting authority concerned for at least three years from the date of award of the contract.

Individual Accounting Officers are responsible for ensuring that their public procurement functions are discharged in line with the standard accounting and procurement rules and procedures and that contract prices are fair and reasonable and represent best value for money.