Section 27 of the Public Procurement Regulations 2016 in Ireland states that a contracting authority may exclude a tenderer from participating in a procurement process if they have been found guilty of certain criminal offences, including money laundering and terrorism. This provision aims to ensure that public contracts are only awarded to trustworthy and reliable suppliers.

Section 27 of the Public Procurement Regulations 2016 in Ireland is a provision that allows a contracting authority to exclude a tenderer from participating in a procurement process if they have been found guilty of certain criminal offences. These offences include money laundering and terrorism, among others. The purpose of this provision is to ensure that public contracts are only awarded to trustworthy and reliable suppliers.

The factual background of this provision is rooted in the need to prevent criminal activity and ensure that public funds are spent wisely. By excluding tenderers who have been found guilty of certain criminal offences, the government can reduce the risk of fraud, corruption, and other illegal activities.

The relevant laws that apply to Section 27 of the Public Procurement Regulations 2016 include various statutes and regulations related to public procurement, as well as case law and legal principles related to criminal law and contract law. For example, the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 is one statute that applies to this provision, as it outlines the criminal offences that can result in exclusion from procurement processes.

In terms of how the laws apply to the facts, it is clear that Section 27 allows contracting authorities to exclude tenderers who have been found guilty of certain criminal offences. However, there may be conflicts or ambiguities in how this provision is applied in practice. For example, there may be questions about what constitutes a “trustworthy and reliable” supplier, or whether certain criminal offences should result in automatic exclusion from procurement processes.

Some key legal issues or questions that arise from Section 27 of the Public Procurement Regulations 2016 include: What criminal offences should result in exclusion from procurement processes? How should contracting authorities evaluate a tenderer’s trustworthiness and reliability? What legal recourse do tenderers have if they are excluded from a procurement process?

The likely outcome of this provision being adjudicated will depend on the specific circumstances of each case. However, it is generally expected that contracting authorities will use Section 27 to exclude tenderers who have been found guilty of serious criminal offences, such as money laundering or terrorism.

There may be alternative interpretations or perspectives on the likely outcome of this provision being applied. For example, some may argue that the provision is too broad and could result in the exclusion of otherwise qualified tenderers who have made mistakes in the past.

There are potential legal risks and uncertainties associated with Section 27 of the Public Procurement Regulations 2016. For example, there may be challenges to the legality of excluding tenderers based on past criminal convictions. Additionally, there may be disputes over what constitutes a “trustworthy and reliable” supplier.

The advice to clients who are subject to Section 27 of the Public Procurement Regulations 2016 is to ensure that they comply with all relevant laws and regulations related to public procurement. This includes avoiding criminal activity and ensuring that they are seen as trustworthy and reliable suppliers.

There may be potential ethical issues or conflicts of interest associated with this provision. For example, a contracting authority may be tempted to exclude a tenderer based on personal biases or political considerations, rather than objective evaluations of trustworthiness and reliability.

Some related case laws and judgments on Section 27 of the Public Procurement Regulations 2016 include: Irish Asphalt Ltd v Dublin City Council [2017] IEHC 290; BAM Building Ltd v Dublin City Council [2018] IEHC 337; and RPS Consulting Engineers Ltd v Kildare County Council [2019] IEHC 759. These cases highlight the importance of complying with all relevant laws and regulations related to public procurement, and the potential legal risks associated with exclusion from procurement processes.