Albert Dolan (Galway East, Fianna Fail)
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210. To ask the Minister for Finance if framework-based procurement is included in his Department’s reporting of “tendered” procurement in its annual accounts; if so, to distinguish between contracts awarded via framework mini-competition, contracts awarded via direct drawdown from a framework without competition and frameworks run independently by his Department versus those centrally established by the Office of Government Procurement; and to provide the value of procurement for each such category in the past three years. [27019/25]

Paschal Donohoe (Dublin Central, Fine Gael)
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My Department does not report specifically on framework-based procurement in the annual Appropriation Account (The Account).

The Account is prepared in accordance with the guidance set out in the annual circular issued by the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (most recently Circular 20/2024: Requirements for Appropriation Accounts 2024).

As such, the Statement of Internal Financial Controls (SIFC) contained within the Account for Vote 7 considers the Department’s controls on procurement, and reports on compliance with Circular 40/2002: Public Procurement Guidelines – revision of existing procedures for approval of certain contracts in the Central Government sector.

Instances of non compliance with the requirements laid out in the public procurement policy framework are reported within the SIFC, including instances where the procurement may be compliant but non competitive.

Albert Dolan (Galway East, Fianna Fail)
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211. To ask the Minister for Finance to provide a list of all framework agreements used by his Department or its agencies since 2022, by name and description of framework; if it was established by his Department, the OGP, or another central/sectoral body; if it is a single-supplier or multi-supplier framework; if drawdowns required mini-competitions; and the total number of contracts and aggregate value of payments made under each framework agreement, by year. [27037/25]

Paschal Donohoe (Dublin Central, Fine Gael)
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The Department is unable to provide the requested information in the timeline available and a follow up response will be provided in line with standing orders.

Regarding the bodies under the aegis of my Department, relevant bodies have provided the information below. The Central Bank was unable to provide the requested information in the timeline available; a follow up response will be provided in line with standing orders.

Albert Dolan (Galway East, Fianna Fail)
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212. To ask the Minister for Finance if all drawdowns from frameworks by his Department or its agencies from 1 January 2022 to 31 December 2024, valued over €25,000 were accompanied by publication of a contract award notice on the eTenders portal as required by Circular 05/2023; and if not, to list any known contracts where such publication did not occur and the reason. [27055/25]

Paschal Donohoe (Dublin Central, Fine Gael)
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I can advise the Deputy of the following instances of drawdowns in my department and its agencies where publications of contract award notices on the eTenders portal did not occur and the reasons why:

Department of Finance.

The bodies under the aegis of my Department that made drawdowns from frameworks in the period specified and valued over €25,000 have provided the information below.

The Office of the Revenue Commissioners has advised that contract award notices were published, in accordance with Circular 05/2023, for all drawdowns and contracts awarded following a mini-competition from a framework agreement.

All drawdowns from frameworks by the Financial Services and Pensions Ombudsman were accompanied by publication of a contract award notice on the eTenders portal as required by Circular 05/2023.

The Tax Appeals Commission has confirmed that all drawdowns from frameworks valued over €25,000 were accompanied by publication of a contract award notice on the eTenders portal as required by Circular 05/2023.

The Central Bank of Ireland operates a Corporate Procurement Policy that is approved by the Central Bank Commission. The procurement requirements of the Bank are conducted in line with the Policy and the internal governance framework it establishes. The Policy seeks to comply with all European and national law and guidelines as set out by the Office of Government Procurement, except in respect of the publication of contract award data for all procurements over €25,000 on eTenders. The Bank has decided to meet this transparency requirement by continuing to publish award notices for contracts advertised on eTenders at the National Tender threshold entry point of €50,000 and, in addition, to publish contracts valued at over €25,000 on its website by amending the Freedom of Information threshold from €50,000 to €25,000 for the reasons of operating efficiency and effectiveness.

The Office of the Comptroller and Auditor General advises that the requirement of Circular 05/2023 to publish a contract award notice on eTenders for drawdowns from frameworks applies to drawdowns after the 28 March 2023 effective date of the circular. In practice, the Office of Government Procurement has taken responsibility for posting contract award notices for direct drawdowns from their frameworks or where they are involved in the mini competition. The Office of the Comptroller and Auditor General has posted contract award notices for all drawdowns from frameworks where, under current practice, it is responsible.

The National Asset Management Agency (NAMA) advises there was one drawdown from the Legal Service Framework with a total spend of €30,000 for contentious legal services, where the award notice was not published on the eTenders portal. Contentious legal services are excluded services under the Procurement Regulations. A further three (>25,000) direct appointments for legal services were made by appropriately authorised derogations from procurement (i.e. not run a competitive tender process). Derogations are only approved in limited circumstances and, in these three appointments, were underpinned by legitimate legal reasons. The use of derogations under NAMA’s Procurement Documents does not amount to non-compliant procurement. Derogations to NAMA’s Procurement Documents are approved by the CEO and reported to the Finance and Operating Committee and NAMA Board, as appropriate. All contracts awarded by NAMA and valued over €25,000 are published on NAMA’s website each quarter. NAMA also discloses information relating to procurement in its Statement on Internal Control in its Annual Report and Financial Statements each year.

The National Treasury Management Agency (NTMA) does not publish separate contract award notices for individual call-offs from frameworks on the basis that all relevant information in relation to the total value of a framework, and each of the parties appointed to such framework, is published in the Contract Award Notice applicable to the establishment of the framework. When the NTMA conducts mini-competitions under its frameworks, it notifies the relevant framework members of the outcome, including information on the relevant relative advantage(s) of the winning tender (including, where relevant, as to price). It should be noted that the NTMA provides certain business and support services to Home Building Finance Ireland and the Strategic Banking Corporation Ireland. Procurement services are one such service provided to these bodies.