European Communities ( Award of Public …

1 No. 329 of 2006 RegulationsentitledEuropean Communities ( Award of Public authorities Contracts) regulations 2006_____PUBLISHED BY THE STATIONARY OFFICEDUBLINTo be purchased directly from the GOVERNMENT PUBLICATIONS SALE OFFICESUN ALLIANCE HOUSE, MOLESWORTH STREET, DUBLIN 2,Or by mail order fromGOVERNMENT PUBLICATIONS, POSTAL TRADE SECTION,51 ST. STEPHEN S GREEN, DUBLIN 2,(Tel: 01-6476834/35/36/37; Fax: 01 6476843)or through any by the Minister for FinancePRN: A6/1042 Price. Communities ( Award of Public authorities Contracts)

2 Regulations2006 ARRANGEMENT OF REGULATIONSR egulationPART 1 PRELIMINARY and commencement of these PART 2 SCOPE OF THESE amounts for Public contracts subsidised by a contracting authority by more than 50 per forcalculating the estimated value of Public contracts, framework agreements and dynamic purchasing ofRegulations to contracts forsupply of defence equipment contracts and framework agreements awarded by central purchasing not to apply to contracts relating to the water, energy, transport and postal services not to apply to certain Public contracts relating to telecommunications not to apply to certain secret contracts and contracts requiring special security not to apply to contracts awarded in accordance with international exclusions from these not to apply to Public service concessioncontracts not to apply to service contracts awarded on the basis ofanexclusive right arrangements for contracts involving sheltered workshops and sheltered employment

3 ProgramsPART 3 PRINCIPLES AND RULES FOR Award OF Public SECTOR for awarding contracts special or exclusive rights: non-discrimination relating to acceptance and rejection ofeconomic operators PART 4 ARRANGEMENTS FOR Public SERVICE contracts listed in Part A of Schedule 2 contracts listed in Part B of Schedule 2 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 may submit variants in certain cases authority entitled to ask about tenderer s intention to subcontract forperformance of contracts relating to taxes, environmental protection, employment protection provisions and working conditions PART6 PROCEDURES FOR Award OF Public .

4 Restricted and negotiated procedures to be used dialogue procedure happens after a competitive dialogue ends Public contract may be awarded by means of negotiated procedure with prior publication of contract notice Public contract may be awarded by negotiated procedure without prior publication of contract notice party may enter into framework agreements agreement entered into with a single economic operator agreement entered into with several economic operators purchasing systems works contracts: special rules for subsidised housing schemes PART 7 RULES ON ADVERTISING AND TRANSPARENCY CHAPTER 1 Publication of information notices where the estimated value of contracts etc.

5 Exceed specified amount ofnotices: Public contracts involving open, restricted or negotiated procedure or competitive dialogue ofnotices: Public contracts based on dynamic purchasing system authority to send notice ofthe result of Award procedure on entering into Public contractorframework agreement authority to send contract Award notice to European Commission on entering into Public contract based on dynamic purchasing system provision applicable to Public contracts for certain services authority may withhold certain information from publication ofnotices for the purposes of these regulations CHAPTER for receipt

6 Oftenders and requests to ofopen procedure:specifications, additional documents and information CHAPTER 3 Information content and means of to submit a tender or to participate in dialogue or candidates and tenderers are to be informedCHAPTER applicable to communication ofinformation relating to Public contracts CHAPTER ofreportsPART 8 HOW THE Award PROCEDURE IS TO BE CONDUCTEDCHAPTER 1 General for verifying the suitability of participants, for choosing participants and for awarding Public contracts CHAPTER 2 Criteria for qualitative of certain persons from being considered for awards of Public to pursue the professional and financial authority to assess technical and professional ability of economic operators that an economic operator may provide in relation to a Public works contract that an economic operator may provide in relation to a Public supplies contract that an economic operator may provide in relation to a

7 Public service operator may be required to produce certificate of payment ofoutstanding social security contributions and taxes lists of registered economic operators and certification of economic operators operator may rely on capacities of other economic assurance standards management documentation and information CHAPTER 3 Awarding Public for the Award of a Public under which contracting authority may hold an electronic auction forclosing an electronic auction authority may reject abnormally low tenders PART 9 RULES ON Public WORKS CONCESSIONCONTRACTSCHAPTER 1 Rules governing Public works works concession contracts to which this chapter applies ofnotices concerning Public works concessions forpublic works concession contracts offered by a contracting authority of contracting authority with respect to subcontracting under a Public works concession contract of additional works to the concessionaire CHAPTER 2 Rules about Public works concession contracts awarded

8 By concessionaires that are contracting applicable to Public works concession contractsCHAPTER 3 Rules applicable to contracts awarded by concessionaires that are not contracting rules:threshold and exceptions concessionaires to publish a notice forthe receipt of requests to participate and receipt oftenders 8 PART 10 RULES GOVERNING DESIGN CONTESTS :Part ofthis Part duty of contracting authority that holds a design contest what circumstances a design contestcan be authority to publish contest notice before holding a design contest information about design contests may be communicated of competitors of the jury and decisions of juries PART 11 STATISTICAL OBLIGATIONS, EXECUTIVE POWERS AND FINAL of statistical reports of the thresholds and values set out in the Public authorities Contracts Directive 91.

9 Amendments to the PublicAuthorities Contracts mechanisms and transitional provisionsSCHEDULE 1 LIST OF CIVIL ENGINEERING AND OTHER ACTIVITIESSCHEDULE 2 LIST OF SERVICES9 SCHEDULE 3 DEFINITION OF CERTAIN TECHNICAL SPECIF IC ATIONSSCHEDULE 4 REQUIREMENTS RELATING TO DEVICES FOR ELECTRONIC RECEIPT OF TENDERS, REQUESTS FOR PARTICIPATION AND PLANS AND PROJECTS IN CONTESTSSCHEDULE 5 INFORMATION TO BE INCLUDED IN NOTICESSCHEDULE 6 FEATURES CONCERNING PUBLICATION10 European Communities ( Award OF Public authorities CONTRACTS) regulations 2006I, Brian Cowen, Minister for Finance, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No.)

10 27 of1972), as amended by the European Communities (Amendment) Act 1993 (No. 25 of1993), and for the purpose of giving effect to Directive 2004/18/ECof the European Parliament and of the Council, dated 31 March 2004, (as amended by Directive 2005/51/EC dated 7 September 2005 and Directive 2005/75/EC dated 16 November 2005)hereby make the following regulations : PART 1 PRELIMINARY PROVISIONSC itation and commencement 1.(1)