Dáil Éireann Debate, Tuesday - 9 July 2013
256. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform the safeguards in place to ensure contractors tendering for local authority contracts are not underpricing; if he will introduce minimum rates for machine work; and if he will make a statement on the matter. [33347/13]
View answerAll policy, guidance and implementation measures relating to capital projects are published on the Construction Procurement Reform website www.constructionprocurement.gov.ie where the Capital Works Management Framework provides a suite of best practice guidance, standard contracts and generic template documents, which are available to download for all contracting authorities to provide a consistent approach to the management of public works projects.
Section 8.3 of the Instructions to Tenderers for Works Contractors sets out that where an exceptionally low tender, abnormally high or low rates or prices are received, the Contracting Authority may require the Tenderer to provide details of the constituent elements of the tendered Contract Sum or the tendered amounts. This may include (without limitation) the information listed in Regulation 69(1) of the European Communities (Award of Public Authorities’ Contracts) Regulations 2006. Any failure to provide such information, when requested, may exclude the tender from further consideration. If, having considered the information provided, the Contracting Authority is of the view that either the Contract Sum is abnormally low or any tendered amounts are abnormally low or abnormally high, the Contracting Authority may reject the Tender.
The management of the tendering process for a public contract is a matter for each Contracting Authority. It is the responsibility of each Contracting Authority to ensure that tenderers comply with all the requirements of the process. In relation to safeguards in place to ensure contractors tendering for local authority contracts are not under-pricing, this is a matter for the local authorities concerned having regard to the guidance referenced above.
