Dáil Éireann Debate, Wednesday - 10 April 2024
111. Deputy Jim O'Callaghan asked the Minister for Justice the contracts that have been granted without having to go to public tender; the companies that were granted these contracts and nature of the work involved; the qualifying criteria that was applied to any company awarded such a contract in 2023; and if she will make a statement on the matter. [15574/24]
View answerMy Department ensures that procurement of goods and services is carried out in compliance with Directive 2014/24/EU and in line with National Procurement Guidelines published by the Office of Government Procurement (OGP). All areas of expenditure are monitored on an ongoing basis to ensure that value for money is being achieved.
As the Deputy may be aware, under procurement circular 05/2023 a public tender is only required for any procurement with a value over €50,000 excluding VAT. This threshold was increased from €25,000 during 2023.
Under Department of Finance Circular 40/02, my Department makes an annual return to the Comptroller and Auditor General (C&AG) in respect of contracts above the applicable threshold which are awarded without a competitive process. These are detailed in my Department's annual Appropriation Accounts as published by the C&AG, and is subject to scrutiny by the Public Accounts Committee.
It is important to note that contracts awarded without a competitive process are not necessarily non-compliant with procurement guidelines. Examples of the exceptions provided for include sole supplier scenarios, proprietary goods or services, licensing renewals and instances where specialist knowledge/previous experience is essential or where urgency is a factor.
In 2023, 47 such contracts were awarded without a public tender, a reduction of five on 2022.
Details have been provided in the annual return to the C&AG and will be published in the usual way as part of my Department’s 2023 Appropriation Account.
My Department applies standard qualifying criteria in line with OGP advice. As appropriate and depending on the specifics of the requirement, suppliers are required to provide tax clearance details, evidence of insurance cover, details of previous experience and technical and/or economic capacity. In line with the EU Procurement Directives, OGP guidance and circular 05/2023, the Department applies qualification criteria that are proportionate and appropriate to the requirements.
