S.L. 601.5 · Public Procurement Of Entities (S.L. 601.5)
S.L. 601.5 Art. 181Remedies. S.L. 601.03 List In the event Section F Division 45 45.1 CPV code 45200000 45210000 all Except: - 45213316 il 45220000 45231000 45232000 of of 26 Section F Division CPV code 45250000 45262000 or of of 45300000 45213316 or 45310000 Except: - 45316000 Section F Division 45.4 CPV code 4543000
Part IX of the Public Procurement Regulations shall mutatis mutandis apply to these regulations. Schedule 1 of Activities as set out under paragraph (a) of the definition of the term Works Contracts of any difference of interpretation between the CPV and the NACE, the CPV nomenclature will apply. NACE Rev1 CPV code CONSTRUCTION Group Class Subject Notes Construction This division includes: 45000000 construction of new buildings and works, restoring and common repairs. Site preparation 45100000 45.11 This class includes: 45110000 - demolition of buildings and other structures, - clearing of building sites, - earth moving: excavation, landfill, levelling and grading of construction sites, trench digging, rock removal, blasting, etc., - site preparation for mining, - overburden removal and other development and preparation of mineral properties and sites. This class also includes: - building site drainage, - drainage of agricultural or forestry land. 45.12 Test drilling and This class includes: 45120000 boring - test drilling, test boring and core sampling for construction, geophysical, geological or similar purposes. This class excludes: - drilling of production oil or gas wells, see 11.20, - water well drilling, see 45.25, - shaft sinking, see 45.25, - oil and gas field exploration, geophysical, geological and seismic surveying, see 74.20. 1 NACE Rev Section F CONSTRUCTION Division Group Class Subject Notes 45.2 Building of complete constructions or parts thereof; civil engineering 45.21 General This class includes: construction of - construction of buildings and types of buildings civil engineering construction of civ works engineering constructions,
- bridges, including those for elevated highways, viaducts, tunnels and subways, - long-distance pipelines, communication and power lines, - urban pipelines, urban communication and power lines, - ancillary urban works, - assembly and erection of prefabricated constructions on the site. This class excludes: - service activities incidental to oil and gas extraction, see 11.20, - erection complete prefabricated constructions from self-manufactured parts not concrete, see divisions 20, and 28, - construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations, see 45.23, - building installation, see 45.3, - building completion, see 45.4, - architectural and engineering activities, see 74.20, - project manage-ment for construction, see 74.20. 1 NACE Rev CPV code CONSTRUCTION Group Class Subject Notes 45.22 Erection of roof This class includes: 45261000 covering and - erection of roofs, frames - roof covering, - waterproofing. 45.23 Construction of This class includes: 45212212 highways, roads, and DA03 - construction of airfields and highways, streets, roads, 45230000 sport facilities other vehicular and except: pedestrian ways, - 45231000 - construction of railways, - 45232000 - construction of - 45234115 airfield runways, - construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations, - painting of markings on road surfaces and car parks. This class excludes: - preliminary earth moving, see 45.11. 45.24 Construction of This class includes 45240000 water projects construction of: - waterways, harbour and river works, pleasure ports (marinas), locks, etc., - dams and dykes, - dredging, - subsurface work. 1 NACE Rev Section F CONSTRUCTION Division Group Class Subject Notes 45.25 Other This class includes: construction - construction work involving activities specialising in one special trades aspect common to different kinds of structures, requiring specialised skill equipment, - construction foundations, including pile driving, - water well drilling and construction, shaft sinking, - erection of non-self-manufactured steel elements, - steel bending, - bricklaying and stone setting, - scaffolds and work platform erecting and dismantling, including renting of scaffolds and work platforms, - erection chimneys and industrial ovens. This class excludes: - renting of scaffolds without erection and dismantling, see 71.32. 45.3 Building installation 45.31 Installation of This class includes: electrical wiring installation in buildings and fittings other construction projects of:
- electrical wiring and fittings, - telecommunica-tions systems, - electrical heating systems, - residential antennas and aerials, - fire alarms, - burglar alarm systems, - lifts and escalators, - lightning conductors, etc. 1 NACE Rev CPV code CONSTRUCTION Group Class Subject Notes 45.32 Insulation work This class includes: 45320000 activities - installation in buildings or other construction projects of thermal, sound or vibration insulation. This class excludes: - waterproofing, see 45.22. 45.33 Plumbing This class includes: 45330000 - installation in buildings or other construction projects of: - plumbing and sanitary equipment, - gas fittings, - heating, ventilation, refrigeration or air-conditioning equipment and ducts, - sprinkler systems. This class excludes: - installation of electrical heating systems, see 45.31. 45.34 Other building This class includes: 45234115 installation - installation of 45316000 illumination and signalling 45340000 systems for roads, railways, airports and harbours, - installation in buildings or other construction projects of fittings and fixtures n.e.c. Building 45400000 completion 45.41 Plastering This class includes: 45410000 - application in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials. 45.42 Joinery This class includes: 45420000 installation - installation of not self-manufactured doors, windows, door and window frames, fitted kitchens, staircases, shop fittings and the like, of wood or other materials, 1 NACE Rev Section F CONSTRUCTION Division Group Class Subject Notes - interior completion such as ceilings, wooden wall coverings, movable partitions, etc. This class excludes: - laying of parquet and other wood floor coverings, see 45.43. 45.43 Floor and wall This class includes: covering - laying, tiling, hanging or fitting buildings or other construction projects of: - ceramic, concrete cut stone wall or floor tiles, - parquet and other wood floor coverings carpets and linoleum floor coverings, - including of rubber or plastic, - terrazzo, marble, granite or slate floor or wall coverings, - wallpaper. 45.44 Painting and This class includes: glazing - interior and exterior painting of buildings, - painting of civil engineering structures, - installation of glass, mirrors, etc. This class excludes: - installation windows, see 45.42. 45.45 Other building This class includes: completion - installation private swimming pools, - steam cleaning, sand blasting and similar activities for building exteriors, - other building completion and finishing work n.e.c. This class excludes: - interior cleaning buildings and other structures, see 74.70. 1 NACE Rev CPV code CONSTRUCTION Group Class Subject Notes Renting of 45500000 construction or demolition equipment with operator 45.50 This class excludes: 45500000 - renting of construction or demolition machinery and equipment without operators, see 71.32.
Schedule 2 List of Union Legal Acts [Regulation 2(4)] which have been granted by means of a procedure in which adequate been ensured and where the granting of those rights was based on criteria do not constitute ‘special or exclusive rights’ within the meaning 2(4). The following lists procedures, ensuring adequate prior for granting authorisations on the basis of other legal acts of the Union constitute ‘special or exclusive rights’ within the meaning of regulation granting authorisation to operate natural gas installations in accordance with the procedures laid down in Article 4 of Directive 2009/73/EC; authorisation or an invitation to tender for the construction of new electricity production installations in accordance with Directive 2009/ 72/EC; the granting in accordance with the procedures laid down in Article 9 of Directive 97/67/EC of authorisations in relation to a postal service which is not or shall not be reserved; procedure for granting an authorisation to carry on an activity involving the exploitation of hydrocarbons in accordance with Directive 94/22/EC; public service contracts within the meaning of Regulation (EC) No 1370/2007 for the provision of public passenger transport services by bus, tramway, rail or metro which have been awarded on the basis of a competitive tendering procedure in accordance with Article 5(3) thereof, provided that its length is in conformity with Article 4(3) or (4) that Regulation. Schedule 3
List of Union Legal Acts [Regulation 24(5) and (6)]
A. Transport or distribution of gas or heat Directive 2009/73/EC B. Production, transmission or distribution of electricity
Directive 2009/72/EC C. Production, transport or distribution of drinking water [No entry]
D. Contracting entities in the field of rail services Rail freight transport Directive 2012/34/EU
International rail passenger transport Directive 2012/34/EU National rail passenger transport
[No entry] E. Contracting entities in the field of urban railway, tramway, motor bus services [No entry] F. Contracting entities in the field of postal services
Directive 97/67/EC G. Extraction of oil or gas Directive 94/22/EC
H. Exploration for and extraction of coal or other solid fuels [No entry] I. Contracting entities in the field of seaport or inlandportor equipment [No entry]
J. Contracting entities in the field of airport installations [No entry]
Schedule 4
List of Central Purchasing Bodies Department of Contracts Schedule 5 Amended by: L.N. 26 of 2018; Values of Thresholds L.N.196 of 2020; [Regulation 30(2)] L.N. 26 of 2022; L.N. 362 of 2024.
of the thresholds, net of vat, applicable to Public Contracts shall be the
€443,000 for supply and service contracts as well as for design contests; €5,538,000 for works contracts; €1,000,000 for service contracts for social and other specific services listed in Schedule 17.
Schedule 6 Deadlines for the adoption of the Implementing Acts (Regulation 25)
implementing acts referred to in regulation 25 shall be adopted within periods:
working days where free access to a given market is presumed on the basis of regulation 24(5) and (6); 130 working days in cases other than those referred to in paragraph (a).
set out in paragraphs (a) and (b) shall be prolonged by 15 working request is not accompanied by a reasoned and substantiated position, independent national authority that is competent in relation to the concerned, which thoroughly analyses the conditions for the possible of regulation 24(1) and (2) to the activity concerned in accordance with 24(3),(4),(5) and (6). deadlines shall commence on the first working day following the date on Commission receives the request referred to in regulation 25(1) and (2) or, information to be supplied with the request is incomplete, on the working the receipt of the complete information.
set out in the first sub-paragraph may be extended by the Commission agreement of the Member State or contracting entity which has presented
Commission may require the Member State or the contracting entity the independent national authority referred to under paragraph 1 or any competent national authority to provide all necessary information or to or clarify information given within an appropriate time limit. In the or incomplete answers, the periods set out in the first sub-paragraph of shall be suspended for the period between the expiry of the time limit set for information, and the receipt of the complete and correct
Schedule 7
Requirements relating to tools and devices for the Electronic Receipt Requests to participate, Applications for qualification as well as Plans and Projects in Contests Tools and devices for the electronic receipt of tenders, requests applications for qualification as well as plans and projects in guarantee, through technical means and appropriate procedures, at least
(a) the exact time and date of the receipt of tenders, requests applications for qualification as well as the submission projects can be determined precisely;
(b) it may be reasonably ensured that, before the time limits one can have access to data transmitted under those requirements;
(c) only authorised persons may set or change the dates for received;
(d) during the various stages of the qualification procedure, procurement procedure or contest, access to all data submitted, part thereof, must be possible only for authorised persons;
(e) only authorised persons must give access to data transmitted after the prescribed date;
(f) data received and opened in accordance with those requirements remain accessible only to persons authorised to acquaint therewith;
(g) where the access prohibitions or conditions referred to under
(b) to (f) are infringed or there is an attempt to do reasonably ensured that the infringements or attempts detectable.
Schedule 8 Amended by: L.N. 26 of 2018. Data to be inserted in the Periodic Indicative Notices Part A
Information to be included in the Periodic Indicative Notice (Regulation 63) I. Information to be included in all cases