COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, April 14, 2025

MOTION NO. 3

MOTION: Councillor L. de Courcy

That this committee asks South Dublin County Council to change its policy when awarding building contracts to include investigations into past contract infringements, or actions beyond the scope of the contract, and weigh these up when awarding new contracts.

REPORT:

When evaluating tenders, South Dublin County Council must follow Article 57 of Directive 2014/24/EU. This rule allows the council to exclude tenderers for past misconduct if the decision is fair and follows proper procedures.

Tenderers must fill out a self-declaration form covering mandatory exclusion grounds such as criminal convictions, tax and social security obligations, insolvency, conflicts of interest, or professional misconduct. They must also declare compliance with environmental, social, and labour laws.

At any point in the procurement process, tenderers can provide evidence showing they are reliable despite any grounds for exclusion. If this evidence is deemed sufficient, the tenderer will not be excluded.

Tenderers must also submit examples of similar past projects and references. The selection criteria must be fair and directly related to the contract. Irrelevant actions or behaviours cannot be considered. According to Article 58 of Directive 2014/24/EU, the selection is based on the tenderer's technical and professional ability.