12 August, 2026
The Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, Jack Chambers TD has published Circular 25/2026. This Circular implements a number of the Actions set out in the Accelerating Infrastructure Report and Action Plan. This news item refers to Action 25: Reform Procurement Processes.
Please note that the updates to procurement requirements within the circular apply only to Exchequer funded projects designated as critical under the Critical Infrastructure Act.
At the date of publication a total of nine projects across the transport, water and energy sectors have been designated under the Act. It is intended to designate additional projects in accordance with the provisions of the Act.
The derogation process (Circular 07/2010) is waived in the event that the relevant Accounting Officer considers projects or programmes designated as critical under the Critical Infrastructure Act require a different contracting approach to those provided under the Capital Works Management Framework (CWMF). The waiver provided for in Circular 25/2026 applies only to the choice of procurement and contracting strategy and not to the broader provisions of the CWMF.
Projects designated as critical infrastructure may instead select a standard form of construction or consultancy contract that is in use internationally. This may include the suite of contract forms published by the Institute of Civil Engineers – the New Engineering Contract (NEC) or those forms published by the Fédération Internationale Des Ingénieurs-Conseils (FIDIC).
Circular 25/2026 sets out requirements in respect of permitted amendments to these standard contract forms, and in relation to availability of resources and supports.
Important Note: The standard suite of contracts published under the CWMF remains the preferred approach to deliver value for money on the majority of public works projects.
For projects not designated as critical under the Act a derogation from the Government Contracts Committee for Construction (GCCC) may be sought , where the project circumstances indicate a different contractual approach may be required. Further information on the Derogation Process is available on this website.