New circular to assist SMEs in Public Procurement

The Department of Public Expenditure, NDP Delivery and Reform has published Circular 05/2023: Initiatives to assist SMEs in Public Procurement. The circular has been developed with a view to encouraging public bodies to adopt measures that will further enable SMEs to compete for public contracts. Circular 05/2023 replaces Circular 10/2014.

The new circular includes:

1. An increase to the threshold at which all contracts for goods and services must be advertised on eTenders from €25,000 to €50,000 (exclusive of VAT);

2. An increase to the threshold at which all contracts for works must be advertised on eTenders from €50,000 to €200,000 (exclusive of VAT);

3. The threshold at which contracting authorities are required to advertise all contracts for works-related services remains at €50,000 (exclusive of VAT);

4. A requirement for contracting authorities to publish contract award information for all procurements over €25,000 (exclusive of VAT) on eTenders;

5. Updated general measures covering governance, reaffirming the principles underpinning all public procurement, and the applicability for works procurement;

6. Enhanced measures that public bodies should take to promote transparency;

7. The specific measures that public bodies should take to promote SME participation;

8. A reminder to public bodies of their obligations around the use of central procurement arrangements;

9. A reiteration of the role that eTenders, the national e-tendering platform, can play in promoting SME participation; and

10. Updated guidance for insurance levels for supplies and general services.

This Circular applies to all public sector bodies.

Circular 05/2023 applies with immediate effect.

The OGP has developed a list of answers to some questions that public bodies may have regarding Circular 05/2023. Please refer to this FAQ in the first instance before contacting the OGP with any queries. The FAQ can be found below.

This FAQ will be updated so please check the OGP website to ensure that you have downloaded the most recently published version.

The OGP website will be updated with further practical information in advance of the go-live of the new eTenders platform on 15 May.