European Union (Award of Contracts by Utility Undertakings) Regulations 2016.

• Jurisdiction: Ireland
• Citation: IR SI 286/2016
• Year: 2016

CONTENTS

Part 1

SCOPE, DEFINITIONS AND GENERAL PRINCIPLES

Chapter 1

Subject matter and definitions

1. Citation and commencement

2. Interpretation

3. Subject-matter and scope of these Regulations

4. Contracting authorities

5. Contracting entities

6. Mixed procurement covering the same activity

7. Mixed procurement covering activities to which these Regulations do not apply

8. Procurement covering several activities

Chapter 2

Activities

9. Common provisions

10. Gas and heat

11. Electricity

12. Water

13. Transport services

14. Ports and airports

15. Postal services

16. Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels

Chapter 3

Material scope

Thresholds

17. Threshold amounts

18. Methods for calculating the estimated value of procurement

Excluded contracts and design contests; special provisions for procurement involving defence and security aspects

19. Contracts awarded for purposes of resale or lease to third parties

20. Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country

21. Contracts awarded and design contests organised pursuant to international rules

22. Specific exclusions for service contracts

23. Service contracts awarded on the basis of an exclusive right

24. 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

25. Defence and security

26. Mixed procurement covering the same activity and involving defence or security aspects

27. Procurement covering several activities and involving defence or security aspects

28. Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules

29. Contracts between contracting authorities

30. Contracts awarded to an affiliated undertaking

31. Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture

32. Notification of information

33. Research and development services

34. Applicability of Article 34 of Utilities Directive

Chapter 4

General principles

35. Principles of procurement

36. Economic operators

37. Reserved contracts

38. Confidentiality

39. Rules applicable to communication

40. Nomenclatures

41. Conflicts of interest

Part 2

RULES APPLICABLE TO CONTRACTS

Chapter 1

Procedures

42. Conditions relating to the GPA and other international agreements

43. Choice of procedures

44. Open procedure

45. Restricted procedure

46. Negotiated procedure with prior call for competition

47. Competitive dialogue

48. Innovation partnership

49. Use of the negotiated procedure without prior call for competition

Chapter 2

Techniques and instruments for electronic and aggregated procurement

50. Framework agreements

51. Dynamic purchasing systems

52. Electronic auctions generally

53. Open, restricted or negotiated procedures in electronic auctions

54. General procedures in electronic auctions

55. Invitations and criteria for electronic auctions

56. Communications in electronic auctions

57. Closing of electronic auctions

58. Use of electronic catalogues

59. Procedures for electronic catalogues

60. Reopening of competition when using electronic catalogues

61. Dynamic purchasing systems using electronic catalogues

62. Centralised purchasing activities and central purchasing bodies

63. Occasional joint procurement

64. Procurement involving contracting entities from different Member States

Chapter 3

Conduct of the procedure

Preparation

65. Preliminary market consultations

66. Prior involvement of candidates or tenderers

67. Technical specifications

68. Labels

69. Test reports, certification and other means of proof

70. Communication of technical specifications

71. Variants

72. Division of contracts into lots

73. Setting time limits

Publication and transparency

74. Periodic indicative notices

75. Notices on the existence of a qualification system

76. Contract notices

77. Contract award notices

78. Form and manner of sending notices for publication at European Union level

79. Publication in the State

80. Electronic availability of procurement documents

81. Invitations to candidates

82. Informing applicants for qualification, candidates and tenderers

Choice of participants and award of contracts

83. General principles

84. Qualification systems

85. Criteria for qualitative selection

86. Reliance on the capacities of other entities: economic operators requesting qualification

87. Reliance on the capacities of other entities: candidates and tenderers

88. Reliance on the capacities of other entities: general

89. Use of exclusion grounds and selection criteria provided for under the Public Authority Contracts Regulations

90. Quality assurance standards and environmental management standards

91. Contract award criteria

92. Life-cycle costing

93. Abnormally low tenders

Tenders comprising products originating in third countries and relations with those countries

94. Tenders comprising products originating in third countries

Chapter 4

Contract performance

95. Conditions for performance of contracts

96. Subcontracting

97. Modification of contracts during their term

98. Termination of contracts

Part 3

PARTICULAR PROCUREMENT REGIMES

Chapter 1

Social and other specific services

99. Award of contracts for social and other specific services

100. Publication of notices

101. Principles of awarding contracts

102. Reserved contracts for certain services

Chapter 2

Provisions governing design contests

103. Scope of Chapter

104. Notices

105. Organisation of design contests and the selection of participants and the jury

106. Decisions of the jury

Part 4

GOVERNANCE

107. Retention of contract copies

108. Individual reports on procedures for the award of contracts

109. Reports

Part 5

REVOCATION AND TRANSITIONAL PROVISIONS

110. Revocation

111. Transitional provisions

SCHEDULE 1

List of activities for works contracts

SCHEDULE 2

List of European Union legal acts referred to in Regulation 5(3)(c)(ii)

SCHEDULE 3

Requirements relating to tools and devices for the electronic receipt of tenders, requests to participate, application for qualification as well as plans and projects in contests

SCHEDULE 4

Part 1 — Information to be included in a periodic indicative notice

Part 2 — Information to be included in notice of publication of a periodic indicative notice on a buyer profile not used as a means of calling for competition

SCHEDULE 5

Information to be included in the procurement documents relating to electronic auctions

SCHEDULE 6

Features concerning publication

Part 1 — Publication of notices

Part 2 — Publication of complementary or additional information

Part 3 — Format and procedures for the electronic transmission of notices

SCHEDULE 7

Information to be included in a notice on the existence of a qualification system

SCHEDULE 8

Information to be included in contract notices

Part 1 — Open procedures

Part 2 — Restricted procedures

Part 3 — Negotiated procedures

SCHEDULE 9

Information to be included in the contract award notice

Part 1 — Information for publication in the Official Journal of the European Union

Part 2 — Information not intended for publication

SCHEDULE 10

Contents of invitation to submit a tender, participate in dialogue, to negotiate or to confirm interest under Regulation 81

SCHEDULE 11

List of international social and environmental conventions referred to in Regulation 35(4)(a)

SCHEDULE 12

List of European Union legal acts referred to in Regulation 92(5)

SCHEDULE 13

Information to be included in notices of modifications of a contract during its term

SCHEDULE 14

Information to be included in notices concerning contracts for social and other specific services

Part 1 — Contract notice

Part 2 — Periodic indicative notice

Part 3 — Notice on the existence of a qualification system

Part 4 — Contract award notice

SCHEDULE 15

Information to be included in the design contest notice

SCHEDULE 16

Information to be included in the results of design contest notice

S.I. No. 286 of 2016

EUROPEAN UNION (AWARD OF CONTRACTS BY UTILITY UNDERTAKINGS) REGULATIONS 2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th June, 2016.

The Minister for Public Expenditure and Reform, in exercise of the powers conferred on him by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC1 , hereby makes the following regulations:

Part 1

SCOPE, DEFINITIONS AND GENERAL PRINCIPLES

Chapter 1

Subject matter and definitions

Citation and commencement

1. (1) These Regulations may be cited as the European Union (Award of Contracts by Utility Undertakings) Regulations 2016.

(2) These Regulations are deemed to have come into operation on 18 April 2016.

Interpretation

2. (1) In these Regulations—

“accelerated open procedure” means an open procedure in which the contracting entity has exercised the power conferred by Regulation 44(3) to fix a time limit for the receipt of tenders that is shorter than the minimum specified in Regulation 44(1)(b);

“advanced electronic signature” has the same meaning as it has in the Electronic Commerce Act 2000 (No. 27 of 2000);

“ancillary purchasing activity” means an activity consisting of the provision of support to purchasing activities, in particular in the...