Ken O'Flynn (Cork North-Central, Independent Ireland Party)
Link to this: Individually | In context | Oireachtas source

389. To ask the Minister for Public Expenditure and Reform if the State has conducted supplier due diligence on the major litigation regulatory exposure of a company (details supplied); and the way in which such risks are reflected in the risk register and contingency planning. [48750/25]

Jack Chambers (Dublin West, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

My Department has published Public Procurement Guidelines for Goods and Services to provide a comprehensive interpretation of the public procurement regulations, S.I. No. 284/2016 - European Union (Award of Public Authority Contracts) Regulations 2016. These guidelines set out the requirements in respect of the determination and application of criteria which tenderers must meet before being awarded a Public Contract or place on a central arrangement such as Framework Agreement or Dynamic Purchasing System.

More specifically, and to ensure the general principles of equal treatment, transparency, fairness, and value for money are upheld in the award of Public Contracts, mandatory and discretionary exclusion provisions are established within EU public procurement rules and national public procurement policy framework. At the selection stage of a procurement process, contracting authorities are required to exclude from further consideration any tenderers who have been convicted of specified offences. In addition, contracting authorities may exclude a tenderer at any time during the procedures by applying certain discretionary Exclusion Grounds. These provisions set out in European Union (Award of Public Authority Contracts) Regulations 2016 are designed to balance legal obligations, risk management, ethical standards and practical flexibility. These provisions also allow contracting authorities to respond to context-specific risks and maintain procurement integrity. The OGP implements these measures and applies due diligence in respect of the relevant economic and technical selection criteria that are set as appropriate and proportionate for any specific central solution.

Tata Consultancy Services is a Framework Member on central solutions for the provision of Business, Management & ICT Consultancy, ICT Professional Services and Managed Business Process Support Services, however my Department does not have a call-off contract under these Frameworks with Tata Consultancy Services.

In addition, my Department addresses risk at four key levels. Risk management within specific projects is determined according to the scale and nature of the project. Each Business unit in the Department is required to identify the risks associated with the key outputs which they have responsibility for and develop appropriate controls and mitigations to address them. The high level risks associated with achieving the Department’s strategic objectives are identified by the Department’s Management Board via the High Level Risk Environment. Finally, the National Risk Assessment (NRA) provides a systematic approach to identifying strategic risks facing Ireland over the short, medium and long-term.