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

Mini Competition

Mini Competition for Supply of Services

 

  • Once a National Framework Agreement is established then the Public Authority may run mini competitions off the National Framework Agreement between the appointees to the National Framework in respect of individual contracts to be awarded

 

  • A mini competition is a competitive process whereby the Public Authority confirms its requirements and the appointees compete to win the contract using pre determined qualitative criteria weighted depending on product / service.

 

  • Significantly, legally State Bodies and Public Authorities view mini competitions as not publically reviewable contacts and you should seek legal guidance at an early juncture if an issue arises.

 

  • Common place issues surrounding mini competitions vary from mandatory criteria inclusive of financial and / or technical, drafting of the mini competition, lack of transparency or bias.

 

  • Judicial review proceedings must be issued under European under European / Irish Law within 30 days if, sufficient grounds exist to challenge the award of the mini competition and it is critical to seek legal guidance as soon as possible once an issue arises.

 

A standard method of assessing mini competitions is by using the Most Economically Advantageous Test (“MEAT”) to determine the outcome of the mini competition.  EU and Irish legislation has included a non-exhaustive list of award criteria to be considered in the evaluation process such as the following:

  • quality,
  • price,
  • technical merit,
  • aesthetic and functional characteristics,
  • environmental characteristics,
  • running costs,
  • cost effectiveness,
  • after sales service,
  • technical assistance,
  • delivery date, and
  • delivery period

 

Weightings of the award criteria may be weighted according to the service or product requirements for the individual contract and this must be notified to all competing tenders/appointees to the National Framework process.

  • Cost is normally the most significant category of weighting.

 

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