Aidan Farrelly (Kildare North, Social Democrats)
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145. To ask the Minister for Public Expenditure and Reform if his Department has assessed whether publishing the estimated contract value for public procurement tenders inflates final bid prices; whether alternative approaches, such as value bands or undisclosed ceilings have been considered; and if he will make a statement on the matter. [53772/25]

Jack Chambers (Dublin West, Fianna Fail)
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Public Procurement is governed by EU legislation and national rules/guidelines. EU Directive 2014/24/EU on public procurement (goods, services and works) has been transposed into Irish Law in the form of corresponding Regulations - S.I. No. 284/2016 - European Union (Award of Public Authority Contracts). My Department has published the Public Procurement Guidelines for Goods and Services to provide a comprehensive interpretation of this legal code, to serve as national rules, and to improve consistency and promote best practice in the application of these rules.

The legal code, reflected in the guidelines, requires the establishing of a realistic estimate of the value of all phases of the goods, services or works to be procured, ensuring fair competition and transparency. Additionally, in recent case law, the Court of Justice of the European Union clarified that contracting authorities are also obliged to indicate at the outset the maximum estimated quantity and value for Framework Agreements.

Furthermore, since the implementation of eForms in 2023, a single figure only for estimated contract value can be included in the contract notice. eForms are the digital standard for European Union public procurement notices, established under Commission Implementing Regulation (EU) 2022/2303.

As the Deputy is aware, the European Commission is currently carrying out an evaluation pending a revision of the Procurement Directives, and Ireland is formally engaging with this process.