Most works and related services contracts awarded by a private entity, which are subsidised 50% or more by a public body, are covered by the EU Directives if they exceed the EU thresholds. Contracts below the EU thresholds which are funded or part-funded from public funds, awarded by private sector entities, should, as far as possible, be awarded in accordance with the national guidelines.
My Department does not enter into contracts with section 38 or section 39 organisations.
The HSE has established a framework of governance over funded organisations including a requirement for those organisations to sign a service level agreement or a grant aid agreement depending on the level of grant funding being provided. Agencies in receipt of funding in excess of €250,000 are subject to a service level agreement and agencies in receipt of funding less than €250,000 are subject to a grant aid agreement.
Since the details contained in those service arrangements and conditions set regarding the services in question are a matter for the HSE, I have referred this PQ to the HSE for direct reply.
