eForms

New eforms for premarket consultation and the publication of below threshold contract notices and contract award notices are now available on eTenders. The latter should be used for the publication of call-offs from Frameworks and low value awards made off platform to support public sector buyers in meeting their obligations under Circular 05/23.

The future implementation of these eforms was announced in 2024 (see below). Their implementation brings added flexibility and adaptations to support public sector buyers in meeting a range of horizontal policy obligations. These adaptations align with those already implemented on the above threshold eforms and include fields on SME participation, GPP, accessibility and innovation.

The new eforms replace the versions of the below threshold and stand-alone contract award notices used by public buyers to date and introduce an entirely new premarket consultation (PMC) notice. Each new eform has fewer fields than the mirrored version of the above threshold notices in use hitherto. Each eform can be published to eTenders and/or TED.

The PMC allows buyers seek information on any given market be that national or more widely. Distinct from a PIN, the PMC cannot be used as a call for competition. There is no financial threshold or sectoral requirements governing its publication. In this regard, it is universal.

There is no minimum financial threshold governing use of the below threshold contract notice (Labelled ‘Below threshold Contract Notice (CN) general’ on eTenders) and/or contract award notice (Labelled ‘Below threshold Contract Award Notice (CAN) general’). These cannot be used for competitions with values exceeding EU thresholds except in specific situations. The new ‘Below threshold Contract Award Notice (CAN) general’ should be used to publish call-offs awarded from Frameworks regardless of the value of the call-off. This notice should also be used to publish award information for competitions made off-platform including those valued between €25,000 and €50,000. In this way, public sector buyers meet their obligations under Circular 05/23, help increase transparency and competitiveness.

Two versions of the new CN and CAN exist on eTenders. Buyers have the choice of whether or not the notice is sent to TED for below threshold competitions. To choose not to send the notice to TED users should select ‘ Below threshold Contract Notice (CN) general (not to TED)’ or in the case of the award notice ‘Below threshold Contract Award Notice (CAN) (not to TED)’ when prompted to create the relevant notice. The new PMC is accessible from the ‘Preliminary Market’ dropdown under ‘Create New PMC’.

Should you have queries on the implementation of these new eforms please see the contact details provided below.

Since July 2024, buyers publishing certain procurement notices (eforms) on etenders must indicate whether or not their competitions include green, innovative or social procurement. A series of questions prompt buyers to choose the most appropriate answer. Most questions have follow-up questions which must also be answered. In the main, answers are selected from a dropdown menu tied to each question. The below guidance illustrates how the questions and answers available for selection relate, including which questions trigger follow-up questions that must be answered. The guidance complements existing video guidance available on eTenders demonstrating the mechanics of creating and completing procurement notices. Note: To answer these questions correctly, buyers when planning their procurement should consider the strategic procurement areas called out in the notices. Information to assist buyers in this can be found here and through our GPP Criteria Search tool.

eForms Implementing Regulation 2023/2884 provides for the introduction on public procurement notices of new data fields relevant to strategic public procurement, SME participation and clean vehicles. Member States are obliged to implement these fields.

In 2023, following cross-Government consultation on adapting eforms for use nationally, the importance of capturing information on strategic public procurement and leveraging the new eforms to support transparency and reporting was evident. This lead to a decision to make certain new fields Mandatory and/or Conditionally Mandatory for completion.

Public buyers are now required to call out on some procurement notices the strategic procurement aspects of their competitions and planned procurements. This will make it easier for buyers to identify relevant competitions and support reporting nationally and to the European Commission and policy-decision making. Both above and below threshold notices will require public buyers to complete new fields on some notices.

A small number of fields (23 fields across 14 notices) have been adapted for use nationally. The number of adapted fields to be completed varies from notice to notice. Most adaptations apply to the Contract Award Notice for use in the Classical and Utilities regimes. No adaptations have been implemented on notices relevant to the Defence and Concessions Directives. The Annex below sets out the content of all procurement notices covered by the eForms Implementing Regulation with national adaptations highlighted. Refer to the legend in the file for help on reading the Annex.

The amended eforms are now available on eTenders. Video guidance is available here to support the completion of procurement notices.

Policy-related queries on the changes outlined above should be directed to: eforms@ogp.gov.ie.

Technical queries should be directed to support@ogp.gov.ie.

EU Policy Background

EU Commission - eForms Explainer

Legislation

Implementing Regulation (EU) 2023/2884