The Office of Government Procurement has published three new information notes as part Strand 5 of the National Public Procurement Framework. A summary of these notes is included below. 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 the Office of Government Procurement’s website They are not intended as legal advice or a legal interpretation of Irish or EU law on public procurement. Legal or other professional advice should be obtained if there is any doubt about the correct procedure to be followed.

National Public Procurement Policy Framework

Public Procurement is governed by EU and National Rules. The purpose of this document is to set out the overarching policy framework for public procurement in Ireland.

The National Public Procurement Policy Framework consists of 5 strands:
1) Legislation (Directives, Regulations)
2) Government Policy (Circulars etc.)
3) Capital Works Management Framework for Public Works
4) General Procurement Guidelines for Goods and Services
5) More detailed technical guidelines, template documentation and information notes as issued periodically by the Policy Unit of the OGP

The framework sets out the procurement procedures to be followed by Government Departments and State Bodies under national and EU rules. The framework supports contracting authorities, including the OGP, the four key sectors (Health, Education, Local Government and Defence), individual Departments, Offices, commercial and non-commercial State bodies, and private entities which are subsidised 50% or more by a public body, when awarding contracts for works, goods and services. It supports and enables Public Bodies to adopt procedures to meet their Public Procurement requirements and facilitates compliance with EU and National Procurement Rules.

Concessions Directive

Information Note on the Concessions Directive
Information Note on the Application of the 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.