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Public Works Contracts Update

 

In January 2016, the Department of Public Expenditure and Reform (DEPR) published revised arrangements for procuring public works projects under the Capital Works Management Framework.

These revisions took effect from 4 April 2016 and were set out in Circular 01/16 (“Construction Procurement – revision of arrangements for the procurement of public works projects”). A lead-in time of approximately 9 months had been allowed since the publication of Circular 01/16. However, this phased implementation has now ended and since 9 January 2017 it is mandatory for contracting authorities to use the amended contracts and tendering forms on construction procurements for public works. 

These contracts and their associated pre-qualification/suitability assessment questionnaire, forms of tender and instructions to tender must have a cited revision reference commencing with v2. Where the deadline for receipt of tenders for works is after 8 January 2017, sanction must be formally applied for and obtained from the Government Contracts Committee for Construction for use of the earlier versions of the construction contracts and associated tender forms with reference cited version 1.

A summary of the key changes introduced by the amended forms is set out here.

The amended contract and tender forms are available on DEPR’s website. Contracting authorities, professionals and those involved on public sector construction projects should familiarise themselves with the various changes and implications for procuring works and services on public sector projects.

Contributed by Cassandra Byrne

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