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

• Jurisdiction: Ireland
• Citation: IR SI 50/2007
• Year: 2007

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...