Why Gama got the bypass job

YOUR editorial (Irish Examiner, August 17) is critical of the National Roads Authority (NRA) against the background of the pending award of the contract for the Castleblayney bypass.

For the record, it should be clarified that, despite your assertion to the contrary, the NRA did not advise Monaghan county council “to give Gama the lucrative contract”.

The council, as the contracting authority for the project, conducted extensive analysis of the tenders received and concluded - subject to NRA approval that was subsequently obtained - that the company had submitted the best value offer and so should be awarded the contract in accordance with the criteria published at the outset of the competition.

The council’s focus on value for money only arose after a series of checks and consultations had established that there were no grounds for a different outcome to the tender assessment process.

In the course of these enquiries, Monaghan County Council contacted the Department of Enterprise, Trade and Employment and, on their advice, directed further queries to the Department of Social and Family Affairs and the Revenue Commissioners.

These enquiries did not produce a scintilla of evidence that would call into question the council’s proposal for the award of the contract.

While appreciating the sense of indignation that characterises some of the editorial, national and EU procurement procedures would require something more than what your editorial refers to as “a whiff of suspicion about the activities of any company” before a decision could be made not to award a contract or to prohibit them from competing.

The process for awarding public sector contracts is tightly regulated to protect the participants and the state side, including taxpayers. National rules and regulations are supplemented by procedures imposed by the EU to ensure fair competition and consistency as to how bidders are treated and their tenders are assessed.

Reasons for excluding bidders or deciding not to award contracts are precisely defined and include conviction for an offence of professional misconduct, failure to pay social welfare contributions or to satisfy tax obligations.

As already indicated, Monaghan County Council’s queries did not elicit any such failings. The NRA and the county council believe the Castleblayney bypass tender competition was conducted with full regard to due process.

While some may find the outcome unpalatable, the interests of competition, equity of treatment and consistency of application of the rules of the tender process dictated there could only be one outcome.

The contract, when awarded, will be monitored closely to ensure compliance with health and safety requirements, social welfare obligations and working conditions, including rates of pay.

The successful company will be obliged under the contract to so comply, while actual performance will be checked by an independent agency engaged by the NRA.

Such checks will supplement those of official agencies, including inspectors from the Department of Enterprise, Trade and Employment.

The NRA notes your call for certain actions “in the interests of justice”. However, these interests cannot be served by acting on a wink and a nod or even “a whiff of suspicion,” thereby departing from the rules of the competition, as determined in accordance with Irish and EU law.

Michael Egan

Head of Corporate Affairs

National Roads Authority

Waterloo Road

Dublin 4