T: +353 (0)1 6684333
E: solicitors@manganobeirne.ie

Procurement

Government Tenders & Procurement Law

Legal Advice on Government Tenders & Public Procurement RegulationsMangan O’Beirne advise clients of their duties and obligations in the increasingly important role of procurement law in Ireland.

—The Irish Government,
—Public Authorities, and
—Publicly funded entities such as Hospitals
must adhere to the Regulations and Directives in the tendering of services and products in the Irish State.

Mangan O’Beirne are experts on Procurement Procedures and can advise on:

 
European Regulations and Directives such as:
—The European Communities (Award of Public Authorities Contracts) Regulations 2006, and
—The European Communities (Public Authorities Contracts) (Review Procedures) Regulations 2010 commonly referred to as the Remedies Directive,
have introduced important developments in procurement law in Ireland, heavily influenced by our membership of the European Union.

Mangan O’Beirne have advised:

  • Hospitals in the Irish healthcare system,
  • Multi-national companies operating within this jurisdiction, and
  • Small and medium sized companies tendering for contracts in their interaction with State Bodies and Public Authorities.

 
Mangan O’Beirne have mounted successful judicial review applications under the Remedies Directive whereby procedures or processes utilised by State Bodies and/or Public Authorities did not adhere to their obligations under European and Irish Law.

National Framework Agreements are becoming increasingly relevant in Irish procurement law, which places huge administrative burdens on companies to achieve preferred bidder status, increasingly important in light of the European Communities (Award of Public Authorities Contracts) Regulations 2006.  Thereafter, mini-competitions are held among the preferred bidders in respect of competitive lots and it is important to note that the mini competitions are not viewed by the State/Public Authorities as award of public contracts.

Mangan O’Beirne should be consulted when a National Framework Agreement is issued to determine whether grounds for challenge arise. Once the National Framework Agreement is completed mini-competitions are conducted between the preferred bidders.

Mangan O’Beirne should be consulted at this stage if issues arise surrounding:

  • Composition of the mini-competition,
  • Categories / bidders
  • Or Bias

Mangan O’Beirne can mount judicial review proceedings under the Remedies Directive in the High Court, if sufficient grounds exist to challenge the award of a tender.

Procurement law in Ireland will continue to develop as more legal challenges are brought against Public Authorities and the State.

For advice regarding procurement law please contact Alan Wallace of Mangan O’Beirne at (01) 6684333 or alanwallace@manganobeirne.ie