Summary of Measures by Contracting Authorities
to Facilitate the Participation of SMEs in Public Procurement
• Contracting authorities are to advertise all contracts for supplies and services with an estimated value of €25,000 and upwards on
www.etenders.gov.ie (eTenders) (Section 2).
• Contracting authorities should, as the norm, use the electronic tendering facility on eTenders (Section 2).
• Contracting authorities are to use “open” tendering procedures for advertised contracts for supplies and services up to €125,000 in value, and for advertised contracts for works and related services up to €250,000. Beyond these levels they may decide which tendering procedure is most appropriate in each case (Section 3).
• Contracting authorities must ensure that any capacity levels they set for tenderers are relevant and proportionate to the circumstances of the particular contract (Section 4).
• Contracting authorities should allow applicants to self-declare their capacity to undertake the contract, and should seek verification or evidence of such capacity only in the event of the tenderer being short-listed or coming under consideration for the award of a contract (Section 4).
• Contracting authorities should be flexible in accepting alternative means of verification of capacity if suppliers are having difficulty in providing one kind of evidence sought (Section 4).
• Contracting authorities may only set insurance requirements that are relevant and proportionate to the circumstances of the contract, should require tenderers only to declare that they can obtain the cover, and should only seek evidence of the cover in place from the winning tenderer to allow for the award of contract (Section 5).
• Contracting authorities are not to use arrangements that involve potential tenderers having to pay so as to access opportunities to compete for public contracts (Section 6).
• Contracting authorities should provide constructive de-briefing to unsuccessful tenderers (Section 7).
• Contracting authorities may only short-list on an objective and non-discriminatory basis (Section 8).
• Contracting authorities should avail of the possibility to award contracts in “lots” where this can be done without compromising efficiency and value for money (Section 9).
• Contracting authorities should ensure that framework agreements facilitate the inclusion of smaller businesses where these could meet requirements or compete for particular lots (Section 10).
• Contracting authorities should encourage joint bidding among SMEs and sub-contracting in the case of larger contracts. They should be aware of the potential of SMEs as suppliers of innovative solutions and in contributing to eco-innovation (green procurement) (Section 11).
• Contracting authorities should describe their requirements in functional terms where appropriate (“ask for a solution, do not prescribe it”) (Section 11).
• Contracting authorities should use the online tax clearance system put in place through the Revenue Commissioners website
www.revenue.ie (Section 11).
• Contracting authorities should use simple, and where possible, standard documentation to assist suppliers, have better structured tendering, and “de-mystify” the public procurement process (Section 11).