Dáil Éireann Debate, Tuesday - 2 July 2024
84. Deputy Pauline Tully asked the Tánaiste and Minister for Defence if his Department's tendering process for the supply of equipment for the Defence Forces takes into consideration if a company has had business deals with repressive regimes or has been convicted of bribery; and if he will make a statement on the matter. [28236/24]
View answerThe principle of competitive tendering for Government contracts is used by the Department of Defence for the acquisition of defensive equipment for the Defence Forces. Central to those procurement procedures are EU law requirements that have to be complied with. This is to ensure fair competition, transparency and equal treatment between suppliers through the advertising of the tender competition on the e-Tenders or the Official Journal of the European Union (OJEU) tender platforms.
The Department of Defence carries out its procurement functions in accordance with legislation and is obliged to follow the procurement regulations in the selection of economic operators with regard to the award of contracts. Public procurement regulations require applicants to meet certain standards when applying for public contracts. The criteria upon which contracting authorities may exclude applicants from the award procedure of public contracts in the fields of defence and security are set out in Regulation 42 of S.I. No. 62 of 2012 European Union (Award of Contracts relating to Defence and Security) Regulations 2012.
These regulations set out that the Department as the contracting authority shall exclude from consideration any person who, to the knowledge of the Department, has been convicted of an offence involving participation in a prescribed criminal organisation, corruption, fraud, terrorist offences or offences linked to terrorist activities, or money laundering.
