European Union (Award of Contracts relating to Defence and Security) Regulations 2012

• Jurisdiction: Ireland
• Citation: IR SI 62/2012
• Year: 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...