The Office of Government Procurement regularly publishes information notes as part of Strand 5 of the National Public Procurement Framework. It should be noted that these documents will be subject to amendment and review periodically and the most up to date version will be published on this website. These notes are not intended as legal advice or a legal interpretation of Irish or EU law on public procurement.

Information Note – European Single Procurement Document

The European Single Procurement Document (ESPD) plays a crucial role in the digital transformation of public procurement. The ESPD is a tool that makes it easier to participate in public procurement. It is a single self-declaration form of suitability, financial status and abilities of a company used as preliminary evidence in all public procurement procedures in the EU above the EU threshold. The ESPD enables the participating companies to declare that they are not in a situation in which they may have to be excluded from the procedure, and that they meet the selection criteria.

This note contains information on how the European Single Procurement Document (ESPD) is to be used.

All public bodies must now issue and accept the ESPD form for all procurement exercises above the EU threshold. In its electronic format, the ESPD is known as eESPD.

Guidance for contracting authorities on using the eESPD on eTenders is available HERE

Guidance for suppliers creating an eESPD response is available HERE

European Single Procuement Document Information Note

Information Note – Brexit and Public Procurement – Update December 2018

This is the Office of Government Procurement’s Information Note on Brexit and Public Procurement. It highlights various steps a public body should consider to prepare for the impact of Brexit.

This information note is dynamic in nature and will be subject to amendment and review periodically. Therefore in terms of having the most up-to-date version, the Office of Government Procurement encourages officials to check our website www.ogp.gov.ie for the most up-to-date version.

It should be noted that this information note is not intended as legal advice or a legal interpretation of Irish or EU law on public procurement.

Brexit Information Note December 2018

Information Note on Incorporating Social Considerations into Public Procurement

The Government is keen to explore the scope for the inclusion of social considerations in public contracts where they are suited to the objective of the contract and would have the greatest impact. The purpose of this Note is to help policy makers and practitioners understand how procurement can be used to facilitate the advancement of existing social policy objectives as well as the wider context and implications of including them in particular procurement projects. There are a wide range of policy areas which come under the heading of social considerations including: environmental sustainability, disability access, training for young or disadvantaged people. The OGP cannot decide for other contracting authorities or at a whole-of-Government level what social considerations should be included in the frameworks and contracts that it puts in place on their behalf. However, it can help facilitate the process of incorporating those objectives, once agreed, into planned procurement projects.

Social Considerations Information Note

General Data Protection Regulation (GDPR)

The GDPR will apply from 25 May 2018. It aims to protect the privacy of all EU citizens and prevent data breaches. It will apply to any public or private organisation processing personal data. Established key principles of data privacy remain relevant in the new data protection legislation but there are also a number of changes that will affect commercial arrangements, both new and existing, with suppliers. The purpose of this information note is to advise public bodies/contracting authorities of the implications of the new General Data Protection Regulation (GDPR) for public procurement and the actions they may consider taking in respect of existing and future contracts in this regard.

OGP Information Note on GDPR

Concessions Directive

The Concessions Directive is a new procurement regime introduced in 2014. It provides for a distinct set of procurement rules in respect of large-scale complex contracts most often occurring in the infrastructural development sector. As such, it has limited applicability in an Irish context and the standard procurement regime for public contracts as set out in the Classic Directive will continue to apply as the default procurement regime.

The short introductory note on the Concessions Directive explains the context of the new Concessions regime. For anyone requiring further guidance on the use or form of Concessions contracts, an Information Note on the Application of the Concessions Directive is also provided.

Information Note on the Concessions Directive

Information Note Application of Concessions Contracts