European Communities (Award of Contracts By Utility Undertakings) Regulations, 2007

JurisdictionIreland
CitationIR SI 50/2007
Year2007

S.I. No. 50 of 2007

REGULATIONS

entitled

European Communities (Award of Contracts by Utility Undertakings) Regulations 2007

Made by the Minister for Finance

TABLE OF CONTENTS

PART 1

PRELIMINARY PROVISIONS

Regulation

1.

Citation and commencement

2.

Object of these Regulations

3.

Interpretation

4.

Application of these Regulations

PART 2

ACTIVITIES TO WHICH THESE REGULATIONS APPLY

CHAPTER 1

Procurement procedures relating to certain specified activities

5.

Procurement procedures for suppliers of gas, heat and electricity services

6.

Procurement procedures for suppliers of water supply services

7.

Procurement procedures for suppliers of transport services

8.

Procurement procedures for suppliers of postal services

9.

Procurement procedures for entities engaged in exploration for, or extraction of, oil, gas, coal or other solid fuels

10.

Procurement procedures of port and airport operators

CHAPTER 2

Multiple activities

11.

Contracts covering several activities

CHAPTER 3

Contract thresholds

12.

Threshold amounts for contracts

13.

Methods for calculating the estimated value of contracts, framework agreements and dynamic purchasing systems

PART 3

CONTRACTS TO WHICH THESE REGULATIONS DO NOT APPLY

CHAPTER 1

Exclusions

14.

Regulations not to apply to certain works and service concessions

15.

Contracts awarded for purposes of resale or lease to third parties

16.

Contracts awarded for purpose other than carrying out a prescribed activity or for carrying out a prescribed activity in a third country

17.

Contracts that are secret or require special security measures

18.

Contracts awarded under international rules

19.

Contracts awarded to an affiliated undertaking, to a joint venture or to a contracting entity forming part of a joint venture

CHAPTER 2

Exclusions applicable to service supply contracts only

20.

Contracts relating to certain services excluded from the scope of these Regulations

21.

Service supply contracts awarded on the basis of an exclusive right

CHAPTER 3

Exclusions applicable to certain contracting entities

22.

Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energy

23.

Procurement procedures not to be subject to these Regulations when activity is exposed to competition

PART 4

GENERAL RULES APPLICABLE TO REGULATED CONTRACTS

24.

Principles for awarding contracts

25.

Economic operators

26.

Conditions relating to agreements concluded within the World Trade Organisation

27.

Contracting entities not to disclose confidential information

28.

Framework agreements

29.

Dynamic purchasing systems

PART 5

RESERVED CONTRACTS AND CENTRAL PURCHASING

30.

Contracting entity may reserve award of contracts to persons employed in sheltered workshops

31.

Contracts and framework agreements awarded by central purchasing bodies

PART 6

RULES APPLICABLE TO SERVICE SUPPLY CONTRACTS

32.

Service supply contracts listed in Part A of Schedule 6

33.

Service supply contracts listed in Part B of Schedule 6

34.

Mixed service supply contracts for services listed in both Parts A and B of Schedule 6

PART 7

MATTERS TO BE SPECIFIED IN CONTRACT OR ASSOCIATED DOCUMENTS

35.

Technical specifications

36.

Formulation of technical specifications

37.

Communication of technical specifications

38.

Tenderers may submit variants

39.

Contracting entity can ask tenderers to specify their intentions with respect to subcontracting

40.

Conditions for performance of contracts

41.

Obligations relating to taxes, environmental protection, employment protection provisions and working conditions

CHAPTER 9

Procedures for awarding contracts

42.

Use of open, restricted and negotiated procedures

PART 8

RULES ON PUBLICATION AND TRANSPARENCY

CHAPTER 1

Publication of notices

43.

Periodic indicative notices and notices on the existence of a system of qualification

44.

How calls for competition can be made

45.

Contract award notices

46.

Form and manner in which notices are to be published

CHAPTER 2

Time limits

47.

Deadline for the receipt of requests to participate and for the receipt of tenders

48.

Open procedure: contract specifications and supporting documents to be provided on request

49.

Invitations to submit a tender or to negotiate

CHAPTER 3

Communication and information

50.

Rules applicable to communication

51.

Information to be given to applicants for qualification, candidates and tenderers

52.

Information to be stored concerning awards

PART 9

CONDUCT OF AWARD PROCEDURE WHEN CONTRACTING ENTITY USES RESTRICTED PROCEDURE OR NEGOTIATED PROCEDURE

CHAPTER 1

General

53.

General provisions for conducting restricted procedure or negotiated procedure

CHAPTER 2

Qualification and qualitative selection

54.

Mutual recognition of administrative, technical or financial conditions, and certificates, tests and evidence

55.

Establishment and operation of qualification systems by contracting entities

56.

Selection to be in accord with objective rules and criteria

CHAPTER 3

Awarding a regulated contract

57.

Criteria for awarding regulated contract

58.

Conduct of electronic auctions

59.

Procedure for closing an electronic auction

60.

Action to be taken by contracting entity when tenders are abnormally low

CHAPTER 4

Tenders comprising products originating in third countries

61.

Tenders comprising products originating in third countries

62.

Responsibility of Minister to inform European Commission of difficulties with third countries as regards regulated contracts

PART 10

RULES GOVERNING DESIGN CONTESTS FOR SERVICE SUPPLY CONTRACTS

63.

Design contests to which this Part applies

64.

Design contests excluded from this Part

65.

Responsibilities of contracting entity in organising a design contest

66.

Rules on advertising and transparency of the European Commission

67.

Means of communication applicable to design contests

68.

Rules concerning organisation of design contests, selection of participants and the jury

69.

Decisions of the jury

PART 11

MISCELLANEOUS PROVISIONS

70.

Minister's responsibilities under these Regulations

71.

Revision of the thresholds

72.

Amendments

73.

Compliance mechanisms

74.

Revocation of existing Regulations

75.

Transitional arrangement

SCHEDULES

SCHEDULE 1 - LIST OF ACTIVITIES FOR WORKS CONTRACTS

SCHEDULE 2 - INFORMATION TO BE INCLUDED IN CONTRACT NOTICE

SCHEDULE 3 - NOTICES ON THE EXISTENCE OF A QUALIFICATION SYSTEM

SCHEDULE 4 - PERIODIC INDICATIVE NOTICES

SCHEDULE 5 - INFORMATION TO BE INCLUDED IN THE CONTRACT AWARD NOTICE

SCHEDULE 6 - SERVICES

SCHEDULE 7 - INFORMATION TO BE INCLUDED IN DESIGN CONTEST NOTICE

SCHEDULE 8 - INFORMATION TO BE INCLUDED IN THE RESULTS OF DESIGN CONTEST NOTICES

SCHEDULE 9 - FEATURES CONCERNING PUBLICATION

SCHEDULE 10 -DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS

SCHEDULE 11 - SUMMARY TABLE OF THE TIME-LIMITS PRESCRIBED BY REGULATION 47

SCHEDULE 12 - INTERNATIONAL LABOUR LAW PROVISIONS REFERRED TO IN THE REGULATIONS

SCHEDULE 13 - REQUIREMENTS RELATING TO DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS TO PARTICIPATE, APPLICATIONS FOR QUALIFICATION AS WELL AS PLANS AND PROJECTS IN CONTESTS

SCHEDULE 14 -REQUESTS CONCERNING EXEMPTIONS UNDER REGULATION 23

I, Brian Cowen, Minister for Finance, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) as amended by the European Communities (Amendment) Act 1973 (No. 25 of 1993), and for the purpose of giving effect to Directive 2004/17/EC of the European Parliament and the Council, dated 31 March 2004 (as amended by Directive 2005/51/EC, dated 7 September 2005) hereby make the following regulations:

PART 1

PRELIMINARY PROVISIONS

Citation and commencement

1. (1) These Regulations may be cited as the European Communities (Award of Contracts by Utility Undertakings) Regulations 2007.

(2) These Regulations come into operation on the day after the date on which their publication is notified in the Iris Oifigiúil.

Object of these Regulations

2. The object of these Regulations is to give effect to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 on the co-ordination of procurement procedures of entities operating in the water, energy, transport and postal services sectors (as amended by Directive 2005/51/EC of 7 September 2005).

Interpretation

3. (1) In these Regulations—

“the Advisory Committee” means the Advisory Committee for Public Contracts set up by Article 1 of Decision 71/306/EEC;

“the Government Procurement Agreement” means the Agreement on Government Procurement entered into in the framework of the Uruguay Round multilateral negotiations;

“assess” includes examine;

“associated document”, in relation to a regulated contract, includes a contract notice, contract document or additional document that is associated with the contract;

“bus” includes motor bus and trolley bus;

“buyer profile”, in relation to a contracting entity, means the entity's buyer profile as described in Schedule 9;

“call for competition notice” means a notice, published in...

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