2. MARCO TEÓRICO
2.4 Título II Principios y derechos
3.10.1. The award of a contract or issue of a purchase order following a tender process is an approval of expenditure and requires a formal written decision (see ‘Written Decision approving
expenditure greater than €50,000 on paragraph 2.61 on page 18 and also page 61). 3.10.2. The tender evaluation report should be referenced (and preferably attached to) in the written
expenditure approval decision and should include all of the necessary information. In that context the written decision will, if appropriate:
Cover the acceptance of the tender evaluation report Approve the award of the contract or order and
Detail any other matters not dealt with in the tender evaluation report which are required to be included on a written expenditure decision
3.10.3. For administrative efficiency and ease of future reference the tender evaluation report and the expenditure approval decision should be encompassed in the composite document where practical.
A3.11. Restrictions on Award of Tenders / Contracts
Before the award of any HSE tender/contract the following must be addressed:
3.11.1. Risk Management – It is essential that potential risks associated with the supply of any goods or services are where possible identified and dealt with prior to award of tender / contract. This includes:
Quality/Reliability.
(a) The HSE must have appropriate arrangements/ procedures in place to be able to identify, record and resolve with suppliers, problems identified with goods/services delivered.
(b) Budget Holder/ expenditure approver signing must be able to satisfy themselves that the goods delivered/services provided are of sufficient quality to meet the needs of the service.
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Insurance. All suppliers must have adequate Employers and Public Liability or product Insurance as appropriate. Evidence of appropriate insurance must be supplied.
3.11.2. Statutory Provisions – tenders / contracts can only be awarded to organisations that confirm they are complying with all applicable statutory provisions including those relating to:
• Payment of minimum wage
Restrictions on Award of Tenders / Contracts – Statutory provisions …….continued
• Employment Law generally
• Taxation
• Health and Safety Issues
• All other relevant provisions 3.11.3. Conflicts of Interest – anyone involved in
• Tender / contract requirements specification or
• Tender evaluation or
• Expenditure approval / award of tender / contract
must confirm in writing, that the tender has no potential conflicts of interest that might affect in any way their ability to act with impartiality and objectivity in relation to any aspect of the tender process.
3.11.4. They must also undertake to make known to the Budget Holder any potential conflicts that may
subsequently arise.
3.11.5. The Budget Holder must decide whether the potential conflict of interest requires the exclusion of the person from the process
3.11.6. He must inform the relevant Assistant National Director of Finance of his/her decision in writing.
3.11.7. Potential conflicts of interest involving National Leadership Team Members must be notified in writing to the HSE Director General.
3.11.8. Potential conflicts of interest involving the HSE Director General must be notified to the Chair of the Directorate of the HSE.
3.11.9. Collusive Tendering – Staff involved in any tendering process must be vigilant in order to prevent collusion between potential tenderers or any other anti-competitive practices.
3.11.10. Criminal Convictions – public contracts cannot be awarded to persons convicted of:
o Organised crime o Fraud
o Corruption
o Money Laundering
Potential tenders must be made aware of this requirement and of the need to provide written confirmation that demonstrates compliance for proprietors, owners, directors and contract contacts. The successful tenderer will be obliged to notify the HSE in writing of any change to the status of this compliance statement that may occur during the period of the contract.
A3.12. Notification of Results of Tendering Process
All tenderers, including those who are not successful, should be informed of the result of the tender process without undue delay.
3.12.1. No information regarding the final award of any contract or issue of a purchase order following the tender process can be given to the successful tenderer(s) until the relevant Budget Holder or his/her nominee have approved the expenditure.
3.12.2. It may be necessary to reserve the right to revert to one or more unsuccessful tenderers in the event that a preferred tenderer does not actually wish to proceed with the provision of the goods, services or works.
3.12.3. Notification of Unsuccessful tenderers;
Unsuccessful tenderers for contracts covered by the EU Directives should be notified promptly of the outcome of a tendering procedure.
A contract is not formally awarded before an interval has elapsed, during which an unsuccessful tenderer can seek a review of the decision if s/he feels that the process has been unfair or unlawful.
Any notification to the successful tenderer during this interval must be provisional and must not constitute a contractual arrangement.
Tender documentation should include a statement indicating the need for an appropriate interval after the award decision is notified and before a formal contract is put in place.
A3.13. Documents to be held on every tender file
3.13.1. Documentation relating to a tender file should be retained for the later of ; (i) The end of the contract
and
(i) The end of the audit period for which the final invoice relating to a contract has been posted.
3.13.2. The following must be retained in respect of each tender process: i Original requisition or memo etc. setting out need
ii Specifications / description of work
iii Copies of all notices and documents published or issued to potential tenderers. iv Any correspondence from or to potential tenderers
v Conditions of Tendering
vi Details of marking scheme used as part of MEAT evaluation vii Terms of Contract
viii Qualifications / short listing report
ix Copies of all tenders received and accompanying documents
x Commercial / Technical / Clinical evaluation reports appropriately signed xi Minutes of any meetings whether internal or with potential suppliers
xii Details of those involved in the process e.g. tender opening, evaluation, and approval
xiii Copies of any letters to unsuccessful tenderers or debriefing notes
xiv Tender Evaluation Report xv Expenditure approval decision
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