R E G U L A T I O N S

1 REGULATIONS. entitled european union (Award of Public Authority Contracts) Regulations 2016. _____. Made by the Minister for Public Expenditure and Reform CONTENTS. Part 1. SCOPE, DEFINITIONS AND GENERAL PRINCIPLES. Chapter 1. Scope and definitions Subject matter and definitions 1. Citation and commencement 2. Interpretation 3. Subject matter and scope 4. Mixed procurement Thresholds 5. Threshold amounts 6. Methods for calculating the estimated value of procurement Exclusions 7. Contracts in the water, energy, transport and postal services sectors 8. Specific exclusions in the field of electronic communications 9. Public contracts awarded, and design contests organised, pursuant to international rules 10.

2 Specific exclusions for service contracts 11. Service contracts awarded on the basis of an exclusive right 12. Public contracts between entities within the public sector 2. Specific situations 13. Contracts subsidised by contracting authorities 14. Research and development services 15. Defence and security 16. Mixed procurement involving defence or security aspects 17. Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules Chapter 2. General rules 18. Principles of procurement 19. Economic operators 20. Reserved contracts 21. Confidentiality 22. Rules applicable to communication 23. Nomenclatures 24. Conflicts of interest Part 2.

3 RULES ON PUBLIC CONTRACTS. Chapter 1. 3. Procedures 25. Conditions relating to the GPA and other international agreements 26. Choice of procedures 27. Open procedure 28. Restricted procedure 29. Competitive procedure with negotiation 30. Competitive dialogue 31. Innovation partnership 32. Use of the negotiated procedure without prior publication Chapter 2. Techniques and Instruments for Electronic and Aggregated Procurement 33. Framework agreements 34. Dynamic purchasing systems 35. Electronic auctions 36. Electronic catalogues 37. Centralised purchasing activities and central purchasing bodies 38. Occasional joint procurement 39. Procurement involving contracting authorities from other Member States Chapter 3.

4 Conduct of the Procedure Preparation 4. 40. Preliminary market consultations 41. Prior involvement of candidates or tenderers 42. Technical specifications 43. Labels 44. Test reports, certificates and other means of proof 45. Variants 46. Division of contracts into lots 47. Setting time limits Publication and transparency 48. Prior information notices 49. Contract notices 50. Contract award notices 51. Form and manner of publication of notices 52. Publication in the State 53. Electronic availability of procurement documents 54. Invitations to candidates 55. Informing candidates and tenderers Choice of participants and award of contracts 56. General principles 57. Exclusion grounds 58. Selection criteria 59.

5 european Single Procurement Document 60. Means of proof 5. 61. e-Certis 62. Quality assurance standards and environmental management standards 63. Reliance on the capacities of other entities 64. Recognition of official lists of approved economic operators and certification by certification bodies 65. Reduction of the number of otherwise qualified candidates to be invited to participate 66. Reduction of the number of tenders and solutions 67. Contract award criteria 68. Life-cycle costing 69. Abnormally low tenders Chapter 4. Contract Performance 70. Conditions for performance of contracts 71. Subcontracting 72. Modification of contracts during their term 73. Termination of contracts Part 3. PARTICULAR PROCUREMENT REGIMES.

6 Chapter 1. Social and Other Specific Services 74. Award of contracts for social and other specific services 6. 75. Publication of notices 76. Principles of awarding contracts 77. Reserved contracts for certain services Chapter 2. Rules Governing Design Contests 78. Scope of Chapter 79. Notices 80. Rules on the organisation of design contests and the selection of participants 81. Composition of the jury 82. Decisions of the jury Part 4. GOVERNANCE. 83. Retention of contract copies 84. Reporting and documentation requirements Part 5. REVOCATION AND TRANSITIONAL PROVISIONS. 85. Revocation 86. Transitional provisions SCHEDULE 1. List of activities for public works contracts 7. SCHEDULE 2. Requirements relating to tools and devices for the electronic receipt of tenders, requests for participation as well as plans and projects in design contests SCHEDULE 3.

7 Information to be included in notices Part 1 - Information to be included in notices of the publication of a prior information notice on a buyer profile Part 2 - Information to be included in prior information notices Part 3 - Information to be included in contract notices Part 4 - Information to be included in contract award notices Part 5 - Information to be included in design contest notices Part 6 - Information to be included in notices of the results of a contest Part 7 - Information to be included in notices of modifications of a contract during its term Part 8 - Information to be included in contract notices concerning contracts for social and other specific services Part 9 - Information to be included in prior information notices for social and other specific services Part 10 - Information to be included in contract award notices concerning contracts for social and other specific services SCHEDULE 4.

8 Information to be included in the procurement documents relating to electronic auctions SCHEDULE 5. Features concerning publication Part 1 - Publication of notices Part 2 - Publication of complementary or additional information 8. Part 3 - Format and procedures for sending notices electronically SCHEDULE 6. Contents of the invitation to submit a tender, to participate in the dialogue or to confirm interest under Regulation 54. SCHEDULE 7. List of international, social and environmental conventions referred to in Regulation 18(4)(a). SCHEDULE 8. Means of proof of selection criteria Part 1 Economic and financial standing Part 2 Technical ability SCHEDULE 9. List of european union legal acts referred to in Regulation 68(5).

9 9. 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 2014/24/EU of the european Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC1, hereby makes the following regulations: Part 1. SCOPE, DEFINITIONS AND GENERAL PRINCIPLES. Chapter 1. Scope and definitions Subject matter and definitions Citation and commencement 1. (1) These Regulations may be cited as the european union (Award of Public Authority Contracts) Regulations 2016. (2) These Regulations are deemed to have come into operation on 18 April 2016.

10 Interpretation 2. (1) In these Regulations - accelerated procedure means - 1. OJ L94, , p. 65. 10. (a) an open procedure in which the contracting authority has exercised the power conferred by Regulation 27(3) to fix a time limit for the receipt of tenders that is shorter than the minimum specified in Regulation 27(1)(b), (b) a restricted procedure in which the contracting authority has exercised the power conferred by Regulation 28(5) to fix a time limit . (i) for the receipt of requests to participate that is shorter than the minimum specified in Regulation 28(1)(b); or (ii) for the receipt of tenders that is shorter than the minimum specified in Regulation 28(1)(e), or (c) a competitive procedure with negotiation in which the contracting authority has exercised the power conferred by Regulation 28(5) to fix a time limit - (i) for the receipt of requests to participate that is shorter than the minimum specified in Regulation 29(4), or (ii) for the receipt of initial tenders that is shorter than the minimum specified in Regulation 29(5).