The European Parliament and the Council adopted three new procurement Directives (Public Procurement, Utilities and Concessions) in 2014. Two of the Directives relating to procurement by public sector contracting authorities and utilities entities replace the EU procurement directives of 2004 These were transposed into Irish law by way of Statutory Instrument last May. The third directive creates a new regulated regime for the award of concession contracts. This Directive establishes a new regime for concession type contracts so the transposition process has taken longer; it is intended that this will be completed by the end of this year.
On 31 October 2014, the Office of Government Procurement (OGP) published a consultation paper on the transposition of these new Directives into national law on its website www.procurement.ie. The consultation document highlighted the key policy choices for Ireland and sought the views of public sector users, private sector tenderers, relevant representative bodies and other interested parties. In total 43 submissions were received by the end of January 2015, including submissions by representative bodies such as ICTU, IBEC, ISME and the CIF. Responses to the specific questions raised in this consultation paper were considered in drafting the Statutory Instruments.
The approach taken was to adopt a flexible approach and avoid creating unnecessary legislative burdens on contracting authorities and Irish economic operators. The overarching policy objective was to seek value for money outcomes and to promote SME participation in public procurement.
Copies of the submissions received are available on the OGP website.