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Procurement Terms & Conditions

Public procurement can be defined as the acquisition, whether under formal contract or not, of works, supplies and services by public bodies. It ranges from the purchase of routine supplies or services to formal tendering and placing contracts for large infrastructural projects.

 

Key Principles

A key principle of public procurement is that the function is discharged honestly, fairly, and in a manner that secures best value for public money. Contracting authorities must be cost-effective and efficient in the use of resources while upholding the highest standards of probity and integrity. Procurement practices are subject to audit and scrutiny under the Comptroller and Auditor General (Amendment) Act 1993 and accounting officers are publicly accountable for expenditure incurred.

Tendering

It is a basic principle of public procurement that a competitive process should be used unless there are justifiably exceptional circumstances. The type of competitive process can vary depending on the size and characteristics of the contract to be awarded.

For contracts or purchases below the EU threshold value currently set at €221,000 for public bodies such as the Sea-Fisheries Protection Authority, a less formal procedure is appropriate.

  • €500-€2,000 – Verbal quotes from competitive suppliers or written quotation sought
  • €2,000-€4,999 – More than one written quotation required
  • €5,000-€24,999 – Direct tender invitations to suitable suppliers, generally not published on eTenders website
  • €25,000+ - Request for Tenders will be published on the eTenders website
  • €221,000+ - Request for Tenders will also be published in the Official Journal of the European Union through the eTenders website
  • The SFPA reserves its rights under the regulations to make of existing public contracts available to it for the purposes of procuring goods or services
  • On rare occasions where a sole supplier is available for a particular item, a single source procurement may occur 

 

Standard Terms & Conditions for the Supply of Goods and Services less than €25,000 in value

The Standard Terms and Conditions of contract will apply to each RFQ which issues unless otherwise notified. These Terms and Conditions shall be deemed to be accepted on the earlier of the Contractor issuing written acceptance of the Purchase Order; or any act by the Contractor consistent with fulfilling the Purchase Order.

The accompanying Definitions And Interpretations  of terms in these terms and conditions can be found here: Definitions And Interpretations.