I propose to take Questions Nos. 441, 442, 443 and 444 together.
As a division of my Department, the Policy, Service Delivery, eProcurement, Data, Analytics and Systems Division (OGP) is responsible for national public procurement policy, eProcurement, the national eTendering platform, service delivery, and data. The OGP engages on an ongoing basis with a wide range of stakeholders, including the Competition and Consumer Protection Commission (CCPC). The CCPC is the statutory body with responsibility for promoting compliance with, and enforcing, competition and consumer protection law in Ireland, including in relation to the detection and prevention of bid rigging.
At present, there is no formal automated mechanism in place to systematically identify or manage potential collusion between suppliers. In practice, buyers compare bids manually to identify any indications of collusive behaviour.
My Department assists buyers through the OGP’s Public Procurement Guidelines for Goods and Services, directing them to the CCPC Business Guide for Detecting Bid Rigging. Where a buyer suspects bid rigging or any form of collusive tendering, such behaviour constitutes a serious infringement of competition law. In these instances, buyers are advised to report findings promptly to the CCPC.
OGP has engaged directly with the CCPC with a view to enhancing awareness of the CCPC’s role in competition protection among public sector practitioners and businesses. The CCPC is represented on the SME Advisory Group, which is chaired by the Minister of State.
A joint project is planned between OGP and the CCPC to provide the CCPC with controlled access to eTenders procurement data. This will enable the CCPC to deploy specialised analytical tools capable of identifying patterns indicative of bid rigging or supplier collusion.
Planning for this project is ongoing, with particular focus on GDPR and data sharing considerations, which must be fully resolved before access and automated analysis can proceed.