Fulfilment of enabling condition
Enabling condition
Specific objective
Fulfilment of criteria
Reference to relevant documents
Fund
Criteria
Justification
5. Arrangements to ensure that all information pointing to suspected bid-rigging situations is communicated to the competent national bodies in accordance with Article 83(2) of Directive 2014/24/EU and Article 99(2) of Directive 2014/25/EU.
Yes
https://ogp.gov.ie/public- procurement-guidelines- for-goods-and-services/ https://www.ccpc.ie/busi ness/help-for- business/guidelines-for- business/bid-rigging-what- you-need-to-know/
Contracting Authorities must report suspected bid-rigging to the Competition and Consumer Protection Commission (see p. 19 of guidelines) The Competition and Consumer Protection Commission (CCPC) is an independent statutory body with a dual mandate to enforce competition and consumer protection law in Ireland. It regularly publishes information for consumers and Ireland’s Anti-Fraud Coordination Service (AFCOS) based in the EU and International Division of Dept of Finance are responsible for anti-fraud coordination for EU funds in Ireland. Granting authorities will require that applicants for support from the funds confirm within the application process that they are not an undertaking in difficulty and that they are not subject to a recovery order. Granting authorities may rely on businesses. For example, it recently published a “Business Guide on Bid Rigging”.
2. Tools and capacity for effective application of State aid rules
Yes
Managing authorities have the tools and capacity to verify compliance with State aid rules: 1. For undertakings in difficulty and undertakings under a recovery requirement.
Yes
https://enterprise.gov.ie/ en/What-We-Do/EU- Internal-Market/EU-State- Aid-Rules/ A list of undertakings under a recovery requirement is available at https://competition- policy.ec.europa.eu/index _en Published data on companies and registered charities (e.g., universities) will be consulted.
accountants certificates, published financial statements and databases (including Arachne) to verify as appropriate.
Checks will be carried out and documented by the awarding bodies at the project selection stage and again as part of the management verification process as appropriate. Applicants will be required to
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