Dáil Éireann Debate, Wednesday - 9 July 2014
15. Deputy Thomas Pringle asked the Minister for Public Expenditure and Reform the options local authorities have when tendering for construction projects to ensure locally-based businesses can compete; and if he will make a statement on the matter. [29621/14]
View answerPublic Procurement is governed by EU and National rules. The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money. It would be a breach of the EU rules for a public body to favour or discriminate against particular candidates on grounds such as nationality, organisational size, etc. and there are legal remedies which may be used against any public body infringing these rules.
All policy, guidance and implementation measures relating to capital projects is published on the Construction Procurement Reform website (www.constructionprocurement.gov.ie). Department of Finance Circular 06/10 makes it mandatory for all contracting authorities to comply with all aspects of the Capital Works Management Framework (CWMF).
The Deputy will appreciate that the assessment of a tenderer's capacity to perform and finance the works is a key part of any procurement process because the contracting authority must be reasonably satisfied that the contractor awarded a public works contract has the necessary capacity to carry out and successfully deliver the project in question. Establishing such suitability criteria that are appropriate to a particular contract is a matter for the contracting authority concerned since they are in the best position to understand the delivery requirements for that specific contract. Once appropriate suitability criteria are established it is important to apply proportionate minimum standards to these criteria. Specific national guidelines for contracting authorities in relation to minimum standards for suitability criteria for construction contractors interested in tendering for public works projects are published under the Capital Works Management Framework.
The Government recognises that the small and medium enterprise (SME) sector is very important to the economy and that public procurement can be a source of business for SMEs. In this regard, my Department has issued public procurement guidelines to public bodies which are aimed at facilitating greater participation of SMEs in public procurement opportunities. It is the responsibility of each Contracting Authority to ensure that tenderers comply with all the requirements of the process.
