European Communities (Award of Public Authorities' Contracts) Regulations 2006

• Jurisdiction: Ireland
• Citation: IR SI 329/2006
• Year: 2006

S.I. No. 329 of 2006

Regulations

entitled

European Communities (Award of Public Authorities' Contracts) Regulations 2006

Made by the Minister for Finance

European Communities (Award of Public Authorities' Contracts) Regulations 2006

ARRANGEMENT OF REGULATIONS

Regulation

PART 1 PRELIMINARY PROVISIONS

1. Citation and commencement 2. Object of these Regulations 3. Definitions

PART 2 SCOPE OF THESE REGULATIONS

4. Threshold amounts for public contracts 5. Contracts subsidised by a contracting authority by more than 50 per cent 6. Methods for calculating the estimated value of public contracts, framework agreements and dynamic purchasing systems 7. Application of Regulations to contracts for supply of defence equipment 8. Public contracts and framework agreements awarded by central purchasing bodies 9. Regulations not to apply to contracts relating to the water, energy, transport and postal services sectors 10. Regulations not to apply to certain public contracts relating to telecommunications 11. Regulations not to apply to certain secret contracts and contracts requiring special security measures 12. Regulations not to apply to contracts awarded in accordance with international rules 13. Specific exclusions from these Regulations 14. Regulations not to apply to public service concession contracts 15. Regulations not to apply to service contracts awarded on the basis of an exclusive right 16. Special arrangements for contracts involving sheltered workshops and sheltered employment programs

PART 3 PRINCIPLES AND RULES FOR AWARD OF PUBLIC SECTOR CONTRACTS

17. Principles for awarding contracts 18. Granting special or exclusive rights: non-discrimination clause 19. Rules relating to acceptance and rejection of economic operators

PART 4 ARRANGEMENTS FOR PUBLIC SERVICE CONTRACTS

20. Service contracts listed in Part A of Schedule 2 21. Service contracts listed in Part B of Schedule 2 22. Mixed contracts (including services listed in Part A of Schedule 2 and services listed in Part B of that Schedule)

PART 5 SPECIFIC RULES GOVERNING SPECIFICATIONS AND CONTRACT DOCUMENTS

23. Technical specifications 24. Tenderers may submit variants in certain cases 25. Contracting authority entitled to ask about tenderer's intention to subcontract 26. Conditions for performance of contracts 27. Obligations relating to taxes, environmental protection, employment protection provisions and working conditions

PART 6 PROCEDURES FOR AWARD OF PUBLIC CONTRACTS

28. Open, restricted and negotiated procedures to be used 29. Competitive dialogue procedure 30. What happens after a competitive dialogue ends 31. When public contract may be awarded by means of negotiated procedure with prior publication of contract notice 32. When public contract may be awarded by negotiated procedure without prior publication of contract notice 33. Contracting party may enter into framework agreements 34. Framework agreement entered into with a single economic operator 35. Framework agreement entered into with several economic operators 36. Dynamic purchasing systems 37. Public works contracts: special rules for subsidised housing schemes

PART 7 RULES ON ADVERTISING AND TRANSPARENCY

CHAPTER 1 Publication of notices

38. Prior information notices where the estimated value of contracts etc. exceed specified amount 39. Publication of notices: public contracts involving open, restricted or negotiated procedure or competitive dialogue 40. Publication of notices: public contracts based on dynamic purchasing system 41. Contracting authority to send notice of the result of award procedure on entering into public contract or framework agreement 42. Contracting authority to send contract award notice to European Commission on entering into public contract based on dynamic purchasing system 43. Special provision applicable to public contracts for certain services 44. Contracting authority may withhold certain information from publication 45. Publication of notices for the purposes of these Regulations

CHAPTER 2 Deadlines

46. Deadlines for receipt of tenders and requests to participate 47. Use of open procedure: specifications, additional documents and information

CHAPTER 3 Information content and means of transmission

48. Invitations to submit a tender or to participate in dialogue or negotiation 49. How candidates and tenderers are to be informed

CHAPTER 4 Communications

50. Rules applicable to communication of information relating to public contracts

CHAPTER 5 Reports

51. Content of reports

PART 8 HOW THE AWARD PROCEDURE IS TO BE CONDUCTED

CHAPTER 1 General provisions

52. Procedure for verifying the suitability of participants, for choosing participants and for awarding public contracts

CHAPTER 2 Criteria for qualitative selection

53. Exclusion of certain persons from being considered for awards of public contracts 54. Suitability to pursue the professional activity 55. Economic and financial standing 56. Contracting authority to assess technical and professional ability of economic operators 57. Evidence that an economic operator may provide in relation to a public works contract 58. Evidence that an economic operator may provide in relation to a public supplies contract 59. Evidence that an economic operator may provide in relation to a public service contract 60. Economic operator may be required to produce certificate of payment of outstanding social security contributions and taxes 61. Official lists of registered economic operators and certification of economic operators 62. Economic operator may rely on capacities of other economic operators 63. Quality assurance standards 64. Environmental management standards 65. Additional documentation and information

CHAPTER 3 Awarding public contracts

66. Criteria for the award of a public contract 67. Conditions under which contracting authority may hold an electronic auction 68. Procedure for closing an electronic auction 69. Contracting authority may reject abnormally low tenders

PART 9 RULES ON PUBLIC WORKS CONCESSION CONTRACTS

CHAPTER 1 Rules governing public works concessions

70. Public works concession contracts to which this chapter applies 71. Publication of notices concerning public works concessions 72. Deadline for public works concession contracts offered by a contracting authority 73. Powers of contracting authority with respect to subcontracting under a public works concession contract 74. Awarding of additional works to the concessionaire

CHAPTER 2 Rules about public works concession contracts awarded by concessionaires that are contracting authorities

75. Rules applicable to public works concession contracts

CHAPTER 3 Rules applicable to contracts awarded by concessionaires that are not contracting authorities

76. Advertising rules: threshold and exceptions 77. Certain concessionaires to publish a notice 78. Deadline for the receipt of requests to participate and receipt of tenders

PART 10 RULES GOVERNING DESIGN CONTESTS

79. Interpretation: Part 10 80. Application of this Part 81. General duty of contracting authority that holds a design contest 82. In what circumstances a design contest can be organised 83. Contracting authority to publish contest notice before holding a design contest 84. How information about design contests may be communicated 85. Selection of competitors 86. Composition of the jury 87. Deliberations and decisions of juries

PART 11 STATISTICAL OBLIGATIONS, EXECUTIVE POWERS AND FINAL PROVISIONS

88. Statistical obligations 89. Contents of statistical reports 90. Revision of the thresholds and values set out in the Public Authorities Contracts Directive 91. Amendments to the Public Authorities Contracts Directive 92. Compliance mechanisms 93. Revocations 94. Savings and transitional provisions

SCHEDULE 1 LIST OF CIVIL ENGINEERING AND OTHER ACTIVITIES 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

EUROPEAN COMMUNITIES (AWARD OF PUBLIC AUTHORITIES' CONTRACTS) REGULATIONS 2006

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 1993 (No. 25 of 1993), and for the purpose of giving effect to Directive 2004/18/EC of the European Parliament and of the Council...