2.10 EXEMPTIONS TO THE RULES - SPECIAL CASES

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The EU directives set out specific exclusions to the requirements of the Directives. A series of exemptions are set out within the EU Procurement Directives and the Law N12 for the award of public works, supply and service contracts in the Republic, which permit contracting authorities to ignore the Directives for specific categories of projects.  Contracting authorities must still comply with financial controls and ensure were possible the procurement process is open and transparent. 

If a contracting authority is unclear if a particular requirement is exempt from the Directives it is important to check the full Common Procurement Vocabulary (CPV) descriptor and coding. This will clarify if the Directives are applicable.  An up to date list of CPV codes can be found on at official EU Web site. www.SIMAP.eu

This section addresses a number of important questions including:

How are the exemptions defined?
What strategies could be applied in the exemptions?
How can competition be maintained in the exemptions?
The acquisition of Physical Infrastructure: Renting/Leasing or Purchasing?

 


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