European Union (Award of Contracts relating to Defence and Security) Regulations 2012.
Published date | 02 March 2012 |
Statutory Instrument No. | 62/2012 |
ARRANGEMENT OF REGULATIONS |
PART 1 |
PRELIMINARY PROVISIONS |
1. Citation and commencement |
2. Object of these Regulations |
3. Interpretation and contracting authority or contracting entity |
PART 2 |
SCOPE OF THESE REGULATIONS |
4. Threshold amounts for defence and security contracts |
5. Mixed Contracts |
6. Methods for calculating the estimated value of contracts and framework agreements |
7. Contracts and framework agreements awarded by central purchasing bodies |
8. Regulations not to apply to contracts awarded in accordance with international rules |
9. Specific exclusions from these Regulations |
10. Special arrangements for contracts involving sheltered workshops and sheltered employment programs |
PART 3 |
PRINCIPLES AND RULES FOR AWARD OF CONTRACTS |
11. Principles for awarding contracts |
12. Rules relating to acceptance and rejection of economic operators |
PART 4 |
ARRANGEMENTS FOR PUBLIC SERVICE CONTRACTS |
13. Service contracts specified in Schedule 1 |
14. Service contracts specified in Schedule 2 |
15. Mixed contracts including services specified in Schedules 1 and 2 |
PART 5 |
SPECIFIC RULES GOVERNING SPECIFICATIONS AND CONTRACT DOCUMENTS |
16. Technical specifications |
17. Tenderers may submit variants in certain cases |
18. Conditions for performance of contracts |
19. Subcontracting |
20. Security of Information |
21. Security of Supply |
22. Obligations relating to taxes, environmental protection, employment protection provisions and working conditions |
PART 6 |
PROCEDURES FOR AWARD OF CONTRACTS |
23. Restricted and negotiated procedures to be used |
24. Negotiated procedure with publication of contract notice |
25. Competitive dialogue procedure |
26. What happens after a competitive dialogue ends |
27. When contract may be awarded by negotiated procedure without prior publication of contract notice |
28. Contracting party may enter into framework agreements |
29. Framework agreement entered into with a single economic operator |
30. Framework agreement entered into with several economic operators |
PART 7 |
RULES ON ADVERTISING AND TRANSPARENCY |
CHAPTER 1 |
Publication of notices |
31. Prior information notices |
32. Publication of notices: contracts involving restricted procedure or negotiated procedure or competitive dialogue |
33. Contracting authority to send notice of the result of award procedure on entering into contract or framework agreement |
34. Contracting authority may withhold certain information from publication |
35. Publication of notices for the purposes of these Regulations |
CHAPTER 2 |
Deadlines |
36. Deadlines for receipt of tenders and requests to participate |
CHAPTER 3 |
Information content and means of transmission |
37. Invitations to submit a tender or to participate in dialogue or negotiation |
38. How candidates and tenderers are to be informed |
CHAPTER 4 |
Communications |
39. Rules applicable to communication of information relating to contracts |
CHAPTER 5 |
Reports |
40. Content of reports |
PART 8 |
HOW THE AWARD PROCEDURE IS TO BE CONDUCTED |
CHAPTER 1 |
General provisions |
41. Procedure for verifying the suitability of participants, for choosing participants and for awarding contracts |
CHAPTER 2 |
Criteria for qualitative selection |
42. Exclusion of certain persons from being considered for awards of contracts |
43. Suitability to pursue the professional activity |
44. Economic and financial standing |
45. Contracting authority to assess technical and professional ability of economic operators |
46. Evidence to be furnished in relation to a works contract |
47. Evidence to be furnished in relation to a supplies contract |
48. Evidence to be furnished in relation to a services contract |
49. Economic operator may be required to produce certificate of payment of outstanding social security contributions and taxes |
50. Official lists of registered economic operators and certification of economic operators |
51. Economic operator may rely on capacities of other economic operators |
52. Quality assurance standards |
53. Environmental management standards |
54. Additional documentation and information |
CHAPTER 3 |
Awarding contracts |
55. Criteria for the award of a contract |
56. Conditions under which contracting authority may hold an electronic auction |
57. Procedure for closing an electronic auction |
58. Contracting authority may reject abnormally low tenders |
PART 9 |
RULES APPLICABLE TO SUBCONTRACTING |
CHAPTER 1 |
59. Scope |
60. Principles |
61. Thresholds and rules on advertising |
62. Criteria for qualitative selection of subcontractors |
CHAPTER 2 |
Subcontracts awarded by successful tenderers which are contracting authorities/entities |
63. Subcontracts awarded by successful tenderers which are contracting authorities |
PART 10 |
RULES TO BE APPLIED TO REVIEWS |
64. Interpretation |
65. Scope and availability of review procedures |
66. Persons to whom review procedures are available |
67. Standstill Period |
68. Notices to unsuccessful tenderers and candidates |
69. Time limits for applications to Court |
70. Application to Court |
71. Powers of Court |
72. Rules of court and hearing otherwise than in public |
73. Declaration by Court that a contract is ineffective |
74. Effect of declaration that a contract is ineffective |
75. Alternative Penalties |
76. Non-exclusion of other remedies |
PART 11 |
STATISTICAL OBLIGATIONS, EXECUTIVE POWERS AND FINAL PROVISIONS |
77. Statistical obligations |
78. Contents of statistical reports |
79. Notice by Minister for Public Expenditure and Reform of revision of thresholds |
80. Amendment of Utility Undertakings Regulations |
81. Amendment of Public Authorities’ Contracts Regulations |
82. Transitional provisions |
SCHEDULE 1 |
LIST OF SERVICES |
SCHEDULE 2 |
LIST OF SERVICES |
SCHEDULE 3 |
DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS |
SCHEDULE 4 |
REQUIREMENTS RELATING TO DEVICES FOR ELECTRONIC RECEIPT OF TENDERS, REQUESTS FOR PARTICIPATION AND PLANS AND PROJECTS IN CONTESTS |
SCHEDULE 5 |
INFORMATION TO BE INCLUDED IN NOTICES |
SCHEDULE 6 |
FEATURES CONCERNING PUBLICATION |
S.I. No. 62 of 2012 |
EUROPEAN UNION (AWARD OF CONTRACTS RELATING TO DEFENCE AND SECURITY) REGULATIONS 2012 |
Notice of the making of this Statutory Instrument was published in |
“Iris Oifigiúil” of 2nd March, 2012. |
I, ALAN SHATTER, Minister for Defence, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving effect to Directive 2009/81/EC1 of the European Parliament and of the Council, 13 July 2009 amending Directives 2004/17/EC2 and 2004/18/EC3 hereby make the following regulations: |
PART 1 |
PRELIMINARY PROVISIONS |
Citation and Commencement |
1. (1) These Regulations may be cited as the European Union (Award of Contracts relating to Defence and Security) Regulations 2012. |
(2) These Regulations come into operation on 30 March 2012. |
Object of these Regulations |
2. The object of these Regulations is to give effect to Directive 2009/81/EC1 of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC2 and 2004/18/EC3. |
Interpretation and contracting authority or contracting entity |
3. (1) In these Regulations— |
“contracting authority” means the State, a local authority or a public authority, or an association comprising one or more local authorities or public authorities, or local authorities and public authorities; |
“contracting entity” means— |
(a) a contracting authority, or |
(b) a public undertaking, or, |
(c) a private sector entity engaged in a prescribed activity under a special or exclusive right granted by the relevant competent authority of a Member State; |
“Defence and Security Contracts Directive” means Directive 2009/81/EC1 of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC2 and 2004/18/EC3; |
“European Union” has the same meaning as it has in the European Communities Act 1972 ; |
“Member State” means a state that is a member of the European Union or a state that is a part to the agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the protocol done at Brussels on 17 March 1993; |
“Minister” means the Minister for Defence; |
“public authority” means any body that— |
(a) is established by or under a law of the State for a public purpose, and |
(b) does not have an industrial or commercial character, and |
(c) is— |
(i) financed wholly or partly by the State, or a local authority or another public authority, or |
(ii) managed or supervised by the State, or by a local authority or another public authority, or |
(iii) governed by a board, more than half of whose members are appointed by the State, or by a local authority or another public authority; |
“Public Authorities’ Contracts Regulations” means the European Communities (Award of Public Authorities’ Contracts) Regulations 2006 ( S.I. No. 329 of 2006 ); |
“public undertaking” means an undertaking over which a contracting entity may exercise directly or indirectly, a dominant influence because of— |
(a) its ownership of the undertaking, or |
(b) its financial participation in the undertaking, or, |
(c) the rules that govern the undertaking; |
“statute” means— |
(a) an Act of the Oireachtas, or |
(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues to be of full force and effect by virtue of Article 50 of the Constitution; |
“Utility Undertakings... |
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