Public
Tendering
Public
Private Partnership Legislation Enacted
On the
21st February 2002 the State Authorities (Public Private Partnership
Arrangements) Act, 2002 (the Act) became law with an effective date
of the 21st March 2002. As the long title to the Act suggests, it
is designed to provide for certain functions and powers to certain
State Authorities, to enable them to enter into Public Private Partnership
Arrangements. The Schedule to the Act sets out those entities that
constitute "a State Authority" for the purposes of the Act.
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The
Rules governing the Procedures in the award of Public Contracts
The Treaty of Rome, did not lay down specific rules relating to public
procurement, but it did establish four fundamental principles applicable
to the award of public contracts, namely;
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Compliance
with the Public Procurement Directives
Public
procurement, the process by which public contracts are awarded by
state, local, regional or municipal authorities or public bodies
is a hugely significant area of economic activity. Ireland is presently
going through a massive period of infrastructural expansion. The
National Development Plan was published in 1999. The latest estimate,
factoring in the costs of inflation, suggests that it could cost
in the region of €75 billion if it is fully implemented. High
profile projects include the various road projects, the Luas project,
the mooted Metro project and the like.
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The
remedies for the breach of the EU Public Procurement Rules - an overview
The
Treaty of Rome established four fundamental principles to be applied
to the award of public contracts, whatever their value without laying
down specific rules; the principles of non-discrimination on the grounds
on nationality, free movement of goods, freedom of establishment and
freedom to provide services.
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