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Can someone convicted of fraud tender for public work

  • 20-05-2013 9:58am
    #1
    smellyfinger
    Registered Users, Registered Users 2 Posts: 51 ✭✭


    Correct me if I am wrong (I have been wrong before), but I seem to remember reading, that if a person had a conviction for fraud then he or she was excluded from tendering for public works in Ireland, ie local authority works, school renovations or the like. Any information would be appreciated. Only wondering cos there's a job ongoing locally by a guy for the state who has spent time in prison for fraud although didn't serve prison time in Ireland. Thanks


Comments

  • #2
    muffler
    Registered Users, Registered Users 2 Posts: 46,718 ✭✭✭✭muffler


    Sorry, no idea myself. I do know that you need to have the old taxes in order though.


  • #3
    smellyfinger
    Registered Users, Registered Users 2 Posts: 51 ✭✭smellyfinger


    Yeah I know that. I know that on this project, a pal of mine was excluded for not having enough similar jobs done in the last 24 months but the guy that got the job has even less experience plus the previous conviction. He is contacting someone today as he is not getting a fair crack of the whip. If he got this job then I'd have probably got a bit of work off him. Not to worry. We will wait and see.


  • #4
    smellyfinger
    Registered Users, Registered Users 2 Posts: 51 ✭✭smellyfinger


    http://www.tein2.net/upload/pdf/Extract_from_Article_45_of_directive_2004.pdf. Would this make a difference if the fraud was committed in Australia?


  • #5
    Rushy Fields
    Registered Users, Registered Users 2 Posts: 224 ✭✭Rushy Fields


    One cannot tender, if convicted.
    Check The eu directives on procurement 2004/18/EC Article 45. Also the 2006 Public Procurement Irish Regulations


  • #6
    smellyfinger
    Registered Users, Registered Users 2 Posts: 51 ✭✭smellyfinger


    nealger wrote: »
    One cannot tender, if convicted.
    Check The eu directives on procurement 2004/18/EC Article 45. Also the 2006 Public Procurement Irish Regulations

    Do those rules still apply if the conviction was outside the EU?


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  • #7
    Rushy Fields
    Registered Users, Registered Users 2 Posts: 224 ✭✭Rushy Fields


    I would guess so but it would be worthwhile getting legal advice. I would also check out if the individual has a company name because the company may be able to tender but not as an individual. This needs to be checked with the legal expert also to be sure! Good luck.


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