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Public Procurement Contracts

Dáil Éireann Debate, Wednesday - 21 April 2021

Wednesday, 21 April 2021

Questions (582)

Bernard Durkan

Question:

582. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform if any changes in respect of procurement are contemplated with a view to speeding up various infrastructural proposals; and if he will make a statement on the matter. [20686/21]

View answer

Written answers

As Minister for Public Expenditure and Reform I have responsibility for the development of policy to ensure adequate expenditure oversight on capital projects and for public procurement. The Department or agency proposing and implementing a capital project is responsible for appraisal; planning; implementation; management; post project review of the project; and for any procurements necessary in line with the policies developed by my department.

Public 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 governs the award of a public contract in a manner which is transparent and delivers value for money. Under EU law, public contracts above a certain value must be advertised EU-wide and awarded to the most competitive tender in an open and objective process.

The EU Directives set out minimum time limits for tendering – 35 days for an Open procurement procedure; reduced to 30 where tenders are submitted electronically; in a Restricted procurement procedure 30 days for Expressions of Interest; and 30 days for tenders, reduced to 25 days where tenders are submitted electronically. When fixing the time limits for the receipt of tenders and requests to participate, contracting authorities must take account of the complexity of the contract and the time required for drawing up tenders.

All project and programme proposals included in the National Development Plan are subject to the detailed rigour of the Public Spending Code, which is the set of rules, procedures and guidance developed to ensure Value for Money in public expenditure. It sets out the oversight and approval process for public expenditure proposals including capital projects. Roles and responsibilities are clearly set out in the Code.

The Code requires cost control on capital projects to commence at the project inception stage, well in advance of any procurement process. Cost updates and approvals are required at each stage of a project’s development both prior to and post tender right up to completion.

Government policy (through Circular 33/06) requires all public works projects that are delivered under the Exchequer-funded element of the National Development Plan to be procured in accordance with the provisions laid down in the Capital Works Management Framework (CWMF). It comprises an integrated set of contractual provisions, procurement templates, procedures and guidance which cover all aspects of the delivery process of a public works project from inception to final project delivery and review to assist contracting authorities in meeting their ongoing procurement requirements.

There is a substantial review of the CWMF currently underway which will address aspects such as risk and the standard of information provided in the tender documents for both consultants and contractors engaged on the delivery of public works projects. It will also explore opportunities to integrate digital into all aspects of project delivery which has the potential to both streamline the procurement process and improve the quality outcomes for public infrastructure projects.

The Office of Government Procurement (OGP) has also published a series of notes (and template documents) in its response to Covid-19 aimed at mitigating the impact of the necessary public health measures on the delivery of projects under the National Development Plan.

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