Public Procurement Developments

By the 31st January 2006 the new Public Sector Directive (2004/17/EC) and the new Utilities Directive (2004/18/EC) are to be transposed into Irish law – having being adopted by the Council of the EU on the 30th April 2004.

• The thresholds governing the application of the Directives have been simplified and are now expressed in euro.
• There is now one Directive governing the provision of goods, supplies and works.
• Electronic procurement is permitted.
• Competitive dialogue is permitted in circumstances of particular complexity where the open or restricted procedures will not suffice.

In October 2005 the Commission announced the adoption of new standard forms for the advertisement online of large public contracts – which forms take account of the reforms introduced by the new procurement Directives referred to above.

Where these forms are submitted online they will be published within 5 days rather that the 12 day period that previously operated.

The Regulation mandating the use of these new forms entered into force on 21st October 2005 and as such is directly applicable in all member states.

The new forms are available online at www.simap.eu.int

For further information please contact:
Patrick Ryan at pryan@kilroys.ie

© Kilroys Solicitors October 2005