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New Public Procurement Law Thresholds

AUTHOR(S): Helen Kelly
PRACTICE AREA GROUP: EU, Competition and Regulatory
DATE: 08.01.2016

The contract value thresholds that determine the scope of EU public procurement law were amended as of 1 January 2016.

The old thresholds will continue to apply to procurements in Ireland until the new EU Directives, which update EU public procurement law, are transposed into Irish law. The deadline for transposition is 18 April 2016. In October 2015, the Minister for Public Expenditure and Reform, Minister Howlin, stated that he expected that transposition of the new Directives would take place “by April 2016”.
 
The new thresholds include very minor increases in value and therefore are unlikely to have the effect of removing contracts from the scope of public procurement law.

We set out below a table summary of the old and new thresholds.

  Old threshold (ex VAT)  New threshold (ex VAT)
Concessions - Directive 2014 /23 €5,186,000 €5,225,000
Public Sector - Directive 2014 / 24 replacing Directive 2004 / 18
Supply and Services Contracts – Central Government €134,000 €135,000
Supply and Services Contracts – Sub-Central Government €207,000 €209,000
Works Contracts €5,186,000 €5,225,000
Social Services (new 'Part B' services) €750,000 €750,000 (no change)
Utilities - Directive 2014 / 25 replacing Directive 2004 / 17
Supply and Services Contracts €414,000 €418,000
Works Contracts €5,186,000 €5,225,000
Social Services (new 'Part B' services) €1,000,000 €1,000,000 (no change)

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