Dáil Éireann Debate, Wednesday - 20 September 2023
216. Deputy Paul Murphy asked the Minister for Public Expenditure, National Development Plan Delivery and Reform whether he has concerns that a local authority has issued a request for quotation with only eight days for receipt of quotation, less than the minimum time limit set out in the 2016 regulations (details supplied). [40343/23]
View answerThe European Union (Award of Public Authority Contracts) Regulations 2016 (SI 284 of 2016) govern the award of public contracts that are in excess of specified monetary thresholds which are revised every two years. Currently the thresholds, as they apply to local authorities, are: Works: €5,382,000; Supplies: €215,000; Services: €215,000 – all amounts are exclusive of VAT.
Regulation 27 of SI 284 of 2016 sets a minimum time period of 30 days for tenders when using the open procedure. Time frames for the restricted procedure are longer because there are separate stages for pre-qualification and tender. The time periods may be shortened where a prior information notice has been published in accordance with the Regulations and in the case of urgency that is duly substantiated by the contracting authority.
Where below threshold competitions are concerned, contracting authorities have discretion in setting time periods because the Regulations do not apply. As a matter of best practice, contracting authorities should allow adequate time for interested parties to respond to a request for tenders or for expressions of interest whether or not the request is published on eTenders.
Where works contracts are concerned, guidance published under the Capital Works Management Framework (Guidance Note GN 2.3) recommends a minimum time period of 21 days for tender competitions for public works projects to ensure a reasonable response and to give contractors time to prepare their tender.
In certain circumstances shorter time periods may be used - where justified - provided the time allowed is adequate to ensure genuine competition.
It should be also be stressed that the time periods stated in the Regulations and guidance are minimum periods. If the tender response requirements are lengthy or require inputs from a number of sources then more time should be allowed.
