Dáil Éireann Debate, Thursday - 16 February 2023
208. Deputy Joe McHugh asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if there is a legal obligation on the design team or organisation dealing with a tender to inform the winner of the tender of the next closest price, if the difference in price is in the €1 million range; and if he will make a statement on the matter. [7779/23]
Amharc ar fhreagraPublic procurement in Ireland is governed by legal requirements, rules and guidelines set both at national and EU level. The aim of European and national rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money. The general requirements for works and works-related contracts are set out in the Capital Works Management Framework (CWMF). This guidance incorporates key elements of EU legislation that have been transposed into Irish law and is complemented by circulars and guidance issued by this Department and the Office of Government Procurement.
The management of the tendering process for a public contract is a matter for each contracting authority. It is the responsibility of each contracting authority to ensure that tenderers comply with all the requirements of the process.
The design team is a team of professional consultants and experts who advise and support the contracting authority. They undertake various technical activities within their service disciplines to achieve a successful result which provides a facility that satisfies the contracting authority’s output requirements. Design team members have an individual and collective responsibility throughout the planning stage including input into the tendering process. This responsibility includes:
- Adopting best practice to suit the chosen procurement strategy - when preparing design and specification information for tender documents for a tender competition;
- Short-listing tenderers, if required, (in cooperation with the project coordinator) to establish the most suitable panel of tenderers;
- Providing up-to-date market information to ensure that the latest approved budget reflects current market prices;
- To structure the tender so that it is placed appropriately in the market;
- Producing complete tender documentation in a comprehensive, coordinated and cohesive manner;
- Dealing with tender queries during the tender period;
- Analysing submitted bids and/or proposals; and
- Preparing a tender report for consideration by the contracting authority with a clear recommendation to approve the Most Economically Advantageous Tender or lowest price tender (where appropriate).
There is an obligation on the contracting authority under Section 6 of the European Communities (Public Authorities’ Contracts) (Review Procedures) Regulations 2010 (S.I. No. 130 of 2010) to notify all tenderers and candidates of the outcome of a tender process.
The successful tenderer is informed of the marks they received under each of the criteria where the award criterion is the Most Economically Advantageous Tender in the circumstances where technical merit (or quality) criteria are used. Where the award criterion is the lowest price they are simply advised that they are the lowest price tender with no obligation to disclose the prices of the other tenderers.
