Dáil Éireann Debate, Thursday - 25 February 2021
86. Deputy Mairéad Farrell asked the Minister for Public Expenditure and Reform the number and value of contracts above €25,000, excluding VAT, awarded without a competitive process in 2019, 2020 and 2021. [10774/21]
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 is a basic principle of public procurement that competitive tendering should be used except in justifiably exceptional circumstances. The EU Directives acknowledge that there can be legitimate reasons for awarding contracts without the use of a competitive process, such as extreme urgency brought about by unforeseeable events or where there is a single supplier to perform the contract. Consequently, a procurement without a competitive process can be compliant with procurement rules.
Department of Finance Circular 40/2002 places the obligation on Government Departments and Offices to report all contracts above €25,000 (exclusive of VAT) awarded without a competitive process to the Comptroller and Auditor General (C&AG) by 31 March of the following year. The C&AG publishes this information in the Appropriation Accounts. These reports are copied to the Office of Government Procurement.
The justification for using non-competitive procurement is a matter for each contracting authority. Individual Accounting Officers in their 40/2002 returns certify that the appropriate national and EU procedures were followed and that contract prices were fair and reasonable and represented best value for money. Circular 40/2002 further states that contracts awarded without a competitive process should be subject to an internal review, preferably by the Internal Audit Unit or alternatively by an appropriate senior officer who is not part of the procurement process.
The Comptroller and Auditor General is responsible for auditing and reporting on the accounts of Government Departments including procurement. The OGP does not have a regulatory function but supports public bodies by providing procurement solutions, advice, guidance and systems for public bodies, promoting good practice and proactive engagement with our sourcing partners in the Health, Education, Defence and Local Government Sectors through the Procurement Executive.
The number and value of contracts above €25,000 awarded without a competitive process for 2019 as reported by Government Departments, in accordance with Circular 40/2002, are set out in the following table. As previously stated, a procurement without a competitive process can be compliant with procurement rules.
|
Total No. of Contracts 2019 |
Total Value of Contracts 2019 |
|
729 |
€192,298,872 |
My Department does not currently hold details for 2020 or 2021.
