Written answers
Thursday, 11 July 2024
Department of Housing, Planning, and Local Government
Public Procurement Contracts
Paul Murphy (Dublin South West, RISE)
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255. To ask the Minister for Housing, Planning, and Local Government how his Department ensures that procurement competitions are run fairly in local Government, and if there is a process for making complaints to the ombudsman about this process when someone is unsatisfied with the outcome. [30593/24]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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My Department does not have direct involvement in executive functions such as procurement, carried out by a local authority. Under Section 149 of the Local Government Act 2001, the Chief Executive of a local authority is responsible for the executive functions of the local authority, and for that purpose to manage and control generally, the administration and business of the authority, subject to law.
My Department works closely with the Local Government Strategic Procurement Centre (LGSPC), which acts as a conduit between the Department, the Local Government Sector and the OGP, and is represented on the LGSPC Programme Board. The LGSPC provides additional supports to local authorities to ensure compliance by the sector in the use of all national frameworks and application of all relevant legislation and circulars relating to procurement. The LGSPC also supports training for SMEs and small/micro business suppliers to improve their engagement with the public procurement process.
Notwithstanding the above, procurement and tendering processes carried out by each local authority, and compliance with procurement rules in relation to the same, are directly a matter for the relevant Chief Executive.
It is my understanding that it is not within the remit of the Ombudsman to deal with complaints regarding the outcome of public procurement competitions; and that National Remedies Regulations provide a recourse option to tenderers or candidates, at High Court level, to challenge procurement processes which they may consider were not compliant with public procurement rules. The Office of Government Procurement (OGP) provide advisory services for clients and suppliers. The OGP can be contacted by emailing support@ogp.gov.ie or phoning 01 773 8000.
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