Austin Deasy
Ceist:32 Mr. Deasy asked the Minister for Finance if he has satisfied himself that tenders for Government contracts are advertised in a manner which gives everyone an equal opportunity to tender. [23257/96]
Written Answers. - Government Contracts.
It is a basic principle of Government procurement that a procedure based on competitive tendering should always be used. The national guidelines, with which all Government Departments must comply, are set out in the official publication "Public Procurement"— 1994 edition. Two types of tendering are permitted under the guidelines — open tendering and restricted tendering. In addition to the national guidelines there are EU public procurement directives which, for contracts over certain values, provide that advertisements must be placed in the Official Journal of the European Communities. These directives also provide for open and restricted procedures.
Open tendering takes place when an advertisement is placed in the national and — or local press and all interested parties may tender. Restricted tendering may take place in two manners — invitation or pre-qualification. The former method occurs when a Department or Office invites tenders from firms whom they know to be capable of undertaking the particular contract envisaged. When this method is used, the contracting authorities concerned must ensure that the list, from which the invitees are drawn, is comprehensive, up-to-date and not discriminatory in nature. At least five firms should be invited to tender.
Where a pre-qualification procedure is adopted, a notice of intention to invite tenders is advertised, inviting firms to indicate whether they would be interested in formally bidding for the project. The contracting authority then invites tenders from those interested firms whom it is satisfied are capable of undertaking and satisfactorily completing the project concerned.
I am satisfied that the effect of both the national and EU public procurement regimes is that advertisements for contracts and subsequent assessment procedures are fair, non-discriminatory and equitable.