Courts / Ireland / Report

Challenge to proposed changes in qualification criteria for public works contracts opens

Summary

A High Court hearing has opened regarding a challenge by 10 small businesses against proposed changes to public works contract qualification criteria. The applicants, who supply printers and devices to State bodies, are challenging criteria within a March 2013 Framework Agreement worth an estimated €25m over two years. The action is brought against the Commissioners of Public Works, who operate the National Procurement Service. The businesses allege that new minimum qualification criteria, specifically a requirement for a minimum annual turnover of €2m, will disqualify them from applying for tenders. They argue these regulations are disproportionate, discriminatory, and distort competition in the Irish market, seeking orders to set aside the criteria and declarations that they breach the 2002 Competition Act. The Commissioners oppose the action, rejecting the claims and arguing that the criteria are necessary to ensure contract fulfillment and were introduced under an EU Directive to promote competition and save State money. Counsel for the applicants stated that the contracts represent a significant portion of their clients' business. The case is before Mr Justice Paul McDermott and is expected to continue for several weeks.

Who, what, where, when and why

What: Report matter: Challenge to proposed changes in qualification criteria for public works contracts opens. Procedural stage: hearing_or_decision

When:

• March 2013 Hearing Or Sentence
• 2014-12-10 Publication

Why: The companies say because they are small businesses many will not be able to meet these requirement, even though they have been supplying the products to the State for some time. CNI source report

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report