The Department of Public Expenditure, Infrastructure, Public Sector Reform and Digitalisation (DPER) supports the evidence-based use of alternative forms of contract for capital project/programme delivery, where considered appropriate by the Government Contracts Committee for Construction (GCCC).

Such contracts can be used in addition - or as an alternative - to the mandated public works and services contracts published under the Capital Works Management Framework (CWMF).

Sponsoring Agencies proposing to use alternative forms of construction contracts, conditions of engagement, or early contractor/supply chain collaboration contracts for publicly funded projects must first notify the relevant Approving Authority of their intentions.

Prior approval of the GCCC is required for an exemption from using standard forms of public works and conditions of engagement contracts (a derogation). This is to ensure that such contracts are compliant with Government policy in relation to its public sector construction procurement reform initiative, per Circular 07/10.

The only exception to this process is for projects designated as Critical Infrastructure under the Critical Infrastructure Act, where the requirements of Circular 25/2026 shall apply.

Where derogations are granted, or waivers for derogation apply, there are still obligations with respect to overarching CWMF procedures and policy. This includes requirements with respect to Building Information Management (BIM) and International Cost Management Standard (ICMS) reporting.

Contracting Authorities considering applying for a derogation should contact construction@per.gov.ie to commence engagement with DPER, who provide the secretariat for the GCCC.