Dáil Éireann Debate, Tuesday - 17 January 2017
741. Deputy David Cullinane asked the Minister for Public Expenditure and Reform if there is an appeals process for SMEs that have lost a public tender; and if he will make a statement on the matter. [1696/17]
Amharc ar fhreagraPublic 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 would be a breach of the EU rules for a public body to favour or discriminate in favour of a particular candidate on grounds such as location or existing relationship with the contracting authority that is carrying out a tender process and there are legal remedies which may be used against any public body infringing these rules. The Remedies Regulations allow tenderers or candidates who feel that a procurement process was not carried out in an open, and transparent manner the option of seeking recourse from the courts.
In addition, the Office of Government Procurement (OGP), offers a service known as the Tender Advisory Service (TAS) which is designed to give an informal outlet for potential suppliers to raise concerns in relation to a particular live tender process. The primary objectives of the service are to improve communications with suppliers and increase professionalism and consistency in how procurement processes are carried out across the public service. Engagement with the service in no way impedes the rights of individuals to pursue their rights formally under the aforementioned Remedies legislation.
It is important to bear in mind that public procurement is a competitive process aimed at delivering much needed public goods, services and works in a sustainable manner. In such processes it is inevitable that there will be a number of unsuccessful tenderers. It is recommended that unsuccessful tenderers be given an objective assessment of the comparative strengths and weaknesses of their tenders having due regard to commercial sensitivity and the need to avoid compromising the rights or competitive situation of other tenderers. There are important benefits from giving constructive feedback to unsuccessful bidders. For contracting authorities it can identify ways of improving the process for the future; encourage better quality of future bids; help establish the public sector as a fair and open buyer; and, encourage continued participation by suppliers which promotes competition. For tenderers it can generate confidence and reassurance about the integrity of the process; help improve future performance; help them understand and operate the different procedures and practices that might apply in the public sector.
The OGP will continue to examine ways to improve the quality and content of communication and feedback during tender processes.
