COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 08, 2024

QUESTION NO. 6

QUESTION: Councillor C Ahern

To ask the chief executive what procedures are in place in its procurement processes and elsewhere to ensure that any contractors engaged by SDCC are (and remain) fully compliant with employment and labour law.

REPLY:

South Dublin County Council has effective procedures in place in its procurement processes and elsewhere to ensure that any contractors engaged by SDCC are (and remain) fully compliant with employment and labour law.

Procurement templates have built in declarations and standard contractual clauses in line with applicable legislation.

Tenderers who do not meet certain requirements may be excluded from participation in the tender process.  The exclusion criteria may be assessed as a declaration of bona fides or by using the ESPD (European Single Procurement Document).  Regulation 57(1) of S.I. No. 284 of 2016, the European Union (Award of Public Authority Contracts) Regulations 2016 details the reasons for exclusions; these include participation in a criminal organisation, terrorist offences and child labour and other forms of trafficking in human beings. 

As per Regulation (4) (a) of S.I. No. 284 of 2016, the European Union (Award of Public Authority Contracts) Regulations 2016 in the performance of a public contract, an economic operator (including sub-contractors) shall comply with applicable obligations in the fields of environmental, social and labour law that apply at the place where the works are carried out or the services provided that have been established by European Union Law, national law, collective agreements or by international, environmental, social and labour laws listed in schedule 7 of the S.I. 

Should any employment violations by the economic operator (including sub-contractors) arise after a contract has been put in place the measures as outlined in the contract would apply.  Any reports of employment violations would need to be investigated and depending on the outcome of the investigation this may result in the termination of the contract.  Likewise, if an economic operator provides inaccurate or misleading information in the declarations this may lead to them being excluded from participation in future tenders and/or the termination of a contract.