The translation of this document is outdated.
Translation validity: 01.01.2023.–10.04.2023.
Amendments not included:
16.03.2023.,
05.10.2023.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
21 February 2019 [shall
come into force on 18 April 2019];
5 December 2019 [shall come into force on 31 December
2019];
30 April 2020 [shall come into force on 1 May
2020];
2 September 2021 [shall come into force on 14 September
2021];
24 March 2022 [shall come into force on 21 April
2022];
24 March 2022 [shall come into force on 1 January
2023];
5 May 2022 [shall come into force on 1 January 2023].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted and
the President has proclaimed the following law:
Law on the
Procurements of Public Service Providers
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in the Law:
1) subcontractor - a person contracted by the tenderer
or a person contracted by such person, in its turn, who performs
construction work or provides services for the performance of the
procurement contract;
2) life cycle - all consecutive and interlinked stages
which include research and development, production, trading and
its conditions, transport, use, maintenance throughout the entire
period of existence of the product or structure, or the time of
provision of the service from recovery of raw materials or
production of resources to waste disposal, demolition of a
structure, and termination of provision or use of the
service;
3) open procedure - a procurement procedure where all
interested economic operators are entitled to submit tenders;
4) works, supply, and service contracts - procurement
contracts for pecuniary interest concluded in writing between one
or more public service providers and one or more economic
operators and the subject matter of which is:
a) for a works contract - the performance or designing of the
construction work referred to in Annex 1 to this Law, and the
execution of the relevant construction work referred to in Annex
1 to this Law, or the development of the structure, or designing
and development of the structure, or the development of the
structure by using whatever means according to the requirements
of the public service provider which have the decisive influence
on the type or design of a structure. For the purposes of this
Law, the structure shall mean the outcome of the construction
work referred to in Annex 1 to this Law taken as a whole, which
is sufficient for the structure to be able to ensure certain
economic or technical function;
b) for a service contract - the provision of services other
than referred to in Sub-clause "a" of this Clause;
c) for a supply contract - the purchase, lease, rental, or
lease of a product with an option to buy. A procurement contract
the subject matter of which is the supply of products and the
incidental part of which is the siting or installation of the
products shall be considered to be a supply contract;
5) central purchasing body - a public service provider
or any other person who is a contracting authority within the
meaning of the Public Procurement Law and conforms to at least
one of the following features:
a) purchases works, products, or services for the needs of
public service providers;
b) performs procurement procedures in order to conclude a
procurement contract or a framework agreement for the needs of
other public service providers;
6) dynamic purchasing system - a completely electronic
process applied to construction work, services, and supplies
frequently used and widely available on the market and which is
limited in time and open to all economic operators meeting the
candidate selection requirements;
61) electronic invoice - an invoice issued,
sent, and received in a structured electronic form allowing to
process it automatically and electronically;
7) electronic auction - an electronic process
repeatedly depicting the descending prices or new values of the
lots of certain tenders, enabling the ranking of the tenders by
means of automatic evaluation methods;
8) electronic means - means suitable for processing of
the data received or sent via the electronic communications
network (also for digital compression) and storage thereof, and
also for transmission of data via the electronic communications
networks;
9) procurement identification number - a designation
containing the short version (abbreviation) of the name of the
public service provider, the relevant year, and the procurement
order number in ascending order. A public service provider may
also indicate other information in the final part of the
procurement identification number;
10) Common Procurement Vocabulary (CPV) - a
nomenclature approved by the European Union, which is applied in
procurement procedures;
11) procurement procedure - a procedure according to
which a public service provider selects economic operators and
awards the right to them to conclude works, supply, or service
contracts;
12) procurement procedure document - any document drawn
up or referred to by the public service provider to describe or
determine the elements of the procurement or procurement
procedure, including the contract notice, the modification or
additional information notice, the technical specification, the
descriptive documents, the draft procurement contract, the
procurement procedure regulations, and additional documents;
13) innovation partnership procedure - a procurement
procedure where all interested economic operators may request the
right to participate, but the tenders may only be submitted by
the candidates invited by the public service provider, and which
is applied to establish a long-term innovation partnership aimed
at the development and subsequent acquisition of a new,
innovative product, service or construction work;
14) candidate - an economic operator taking part in a
restricted procedure, a negotiated procedure without publishing
an invitation to participate, a negotiated procedure by
publishing an invitation to participate, a competitive dialogue,
or in an innovation partnership procedure prior to submission of
the tender;
15) competitive dialogue - a procurement procedure
where all interested economic operators may request the right to
participate, but the tenders may only be submitted by the
candidates invited by the public service provider, and which
shall be applied when it is impossible to obtain the tender
meeting the needs of the public service provider within an open
or restricted procedure, and the aim of which shall be to
identify and define, in a dialogue with the selected candidates,
the means best suited to satisfy the needs of the public service
provider;
16) common technical specification - a technical
specification in the field of information and communication
technologies laid down in accordance with Articles 13 and 14 of
Regulation (EU) No 1025/2012 of the European Parliament and of
the Council of 25 October 2012 on European standardisation,
amending Council Directives 89/686/EEC and 93/15/EEC and
Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC,
2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the
European Parliament and of the Council and repealing Council
Decision 87/95/EEC and Decision No 1673/2006/EC of the European
Parliament and of the Council;
161) zero-emission heavy duty vehicle - a
clean electric vehicle of category M3, N2,
or N3 or a road transport vehicle using alternative
fuels, excluding fuels which do not comply with the low indirect
land-use change-risk, without an internal combustion engine, or
with an internal combustion engine that emits less than 1 gram
CO2/kWh as measured in accordance with Regulation (EC)
No 595/2009 of the European Parliament and of the Council of 18
June 2009 on type-approval of motor vehicles and engines with
respect to emissions from heavy duty vehicles (Euro VI) and on
access to vehicle repair and maintenance information and amending
Regulation (EC) No 715/2007 and Directive 2007/46/EC and
repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC and
its implementing measures, or that emits less than 1 gram
CO2/km as measured in accordance with Regulation (EC)
No 715/2007 of the European Parliament and of the Council of 20
June 2007 on type approval of motor vehicles with respect to
emissions from light passenger and commercial vehicles (Euro 5
and Euro 6) and on access to vehicle repair and maintenance
information (hereinafter - Regulation No 715/2007) and its
implementing measures;
17) contract price - total remuneration for the
performance of the procurement contract, including all applicable
taxes, except for the value added tax;
171) Contract Register - the information
reflected in the publication management system on the procurement
contract entered into by the public service provider, the
framework agreement, or the amendments thereto which is made
public on the website of the Procurement Monitoring Bureau. Data
which include information on the public service provider, the
economic operator, the date of entering into the contract, the
subject-matter of the contract, the contract price, the time
period for the performance of the contract, the amendments to the
contract, and also the information on the actual performance of
the contract (contract price, time period for performance,
performer of the contract, and reason for terminating the
contract, if applicable) and other information, if necessary,
shall be available in the Contract Register;
18) design contest - a procedure which enables the
public service provider to acquire [mainly in the fields of city
and any other territory planning, architecture, construction, or
data processing (including information systems)] a design or plan
recognised as the best by a jury commission;
19) contracting authority - a public entity or an
institution thereof, an association in which all members are
contracting authorities, a foundation all founders of which are
contracting authorities, as well as such legal person governed by
private law which conforms with all of the following
criteria:
a) is established or operates in order to ensure the needs of
the public, which are not of commercial or industrial nature;
b) is subordinate to a public entity or an institution thereof
or a public entity or an institution thereof, or another legal
person governed by private law meeting the criteria referred to
in this Clause supervises administration of such legal person
governed by private law, including implements the decisive
influence in relation to such legal person governed by private
law within the meaning of the Group of Companies Law, or also
more than 50 per cent of financing for the activities of such
legal person governed by private law come from the public entity
or an institution thereof, or another legal person governed by
private law meeting the criteria referred to in this Clause;
20) contracting authority undertaking - any merchant
subject to direct or indirect decisive influence of a contracting
authority on the basis of participation or a contract. The
contracting authority has the decisive influence, if it directly
or indirectly holds the majority (more than 50 per cent) of the
subscribed fixed capital of the capital company or if it controls
the majority of votes related to the issued capital shares
(stocks), or if such authority is entitled to appoint more than
half of the members of the supervisory body or executive
body;
21) research and development - all activities related
to the fundamental and industrial studies and experimental
development;
22) tender security - payment of a sum of money
provided for in the procurement procedure documents into the
account indicated by the public service provider, guarantee from
the credit institution or insurance company for a specific amount
of money which the tenderer submits together with the tender to
the public service provider as a security for the validity of the
tender;
23) economic operator - a natural person or a legal
person, a contracting authority, a public service provider, or an
association of such persons in any combination thereof which
offer to perform construction works, supply products or provide
services accordingly;
24) buyer profile - the site of a public service
provider in the State electronic information system publicly
available on the internet for acceptance of tenders and
applications, where the public service provider posts information
on subsequent invitations to tender, planned procurements,
concluded contracts, suspended procedures, as well as other
information related to procurements as defined in the laws and
regulations;
25) tenderer - an economic operator who has submitted a
tender;
26) publication management system - the State
information system under supervision of the Procurement
Monitoring Bureau and available on the website of the Procurement
Monitoring Bureau which ensures preparation and submission of
such information to the Procurement Monitoring Bureau or
publication of such information on its website which, in
accordance with laws and regulations, shall be prepared and
submitted to the Procurement Monitoring Bureau or published on
its website and which contains information on such persons on
whom administrative penalty - a prohibition to exercise rights -
a prohibition to hold such offices the duties of which include
taking of decisions in the field of public procurements and
public-private partnership or the conclusion of procurement
contracts, framework agreements, partnership procurement
contracts, or concession contracts has been imposed for
violations in the field of public procurement and public-private
partnership;
27) public service provider:
a) a contracting authority or a contracting authority
undertaking that performs the activities referred to in Chapter
II of this Law in the fields referred to in Chapter II of the
Law;
b) any subject governed by private law that performs the
activities referred to in Chapter II of this Law in the fields
referred to in Chapter II of this Law or in any combination
thereof on the basis of special or exclusive rights that have
been conferred by the competent authority on the basis of such
laws and regulations or administrative acts the norms of which
restrict the performance of activities in the abovementioned
fields granting the right to perform activities in any of these
fields only to one subject or some subjects, and which
significantly affects the opportunities of other subjects to act
in these fields. The provisions of this Clause shall not be
applicable to a subject governed by private law if the right to
conclude the contract has been awarded in accordance with the
laws and regulations in the field of public procurements, energy
or electricity, post or subterranean depths, or in accordance
with Regulation (EC) No 1370/2007 of the European Parliament and
of the Council of 23 October 2007 on public passenger transport
services by rail and by road and repealing Council Regulations
(EEC) Nos 1191/69 and 1107/70 or on the basis of such law or
regulation or administrative act in which transparency and
objective criteria for contract awarding have been ensured;
28) negotiated procedure without publishing an invitation
to participate - a procurement procedure without prior
publishing of an invitation to participate in which the public
service provider consults with the economic operators of its
choice and organises negotiations on the terms of the procurement
contract with one or more of them;
29) negotiated procedure by publishing an invitation to
participate - a procurement procedure in which the public
service provider consults with the economic operators of its
choice and organises negotiations on the terms of the procurement
contract with one or more of them;
30) restricted procedure - a procurement procedure in
which all interested economic operators may request the right to
participate, however, tenders may only be submitted by those
candidates which are invited by the public service provider;
31) technical reference - any document of European
standardisation bodies other than official standards developed
according to procedures adapted to developments in market
needs;
311) clean road transport vehicle:
a) a road transport vehicle of category M1,
M2, or N1 with a maximum tail-pipe emission
of less than 50 CO2 g/km according to the Worldwide
Harmonised Light-duty Vehicles Test Procedure and with
real-driving emission (RDE) of less than 80 per cent of the
emission limit values set out in Annex I to Regulation No
715/2007;
b) an electric vehicle of category M3,
N2, or N3 or a road transport vehicle using
alternative fuels, excluding fuels which do not comply with the
low indirect land-use change-risk in accordance with the laws and
regulations regarding the sustainability criteria for biofuels
and bioliquids, their implementation mechanism, and the
monitoring and control procedures. In the case of road transport
vehicles using liquid biofuels, synthetic and paraffinic fuels,
the abovementioned fuels are not blended with conventional fossil
fuels;
32) framework agreement - such agreement between one or
more public service providers and one or more economic operators
the objective of which is to determine and characterise the
contracts to be concluded during a given time period and to
provide for the provisions with which such contracts shall be
concluded (especially in relation to prices and, if necessary,
the intended quantity);
33) green public procurement - procurement of such
products, services, or construction work the environmental impact
whereof during their life cycle is smaller than the impact of the
products, services, and construction work with the same purpose
of use acquired without applying the principles of green public
procurement.
[21 February 2019; 5 December 2019; 2 September 2021; 24
March 2022; 5 May 2022]
Section 2. Purpose of the Law
The purpose of the Law is to ensure:
1) openness of the procurement procedure;
2) free competition of economic operators, and also equal and
fair treatment thereof;
3) efficient use of the resources of public service providers
and public entities.
Chapter
II
Areas of Activities of Public Service Providers
Section 3. Activities of Public
Service Providers in the Field of Gas Supply, Heat Supply, and
Electricity Supply
(1) In the field of gas supply and heat supply, this Law shall
be applied to the provision or management of the public
distributions networks for production, transportation, or
distribution networks of gas or heat energy, and also to the
supply of gas or heat energy to such networks, except for the
cases where gas or heat energy production is integral
consequences of the type of activity which is not referred to in
this Section or Section 4, 5, 6, or 7 of this Law of a
contracting authority undertaking or a subject governed by
private law which is referred to in Section 1, Clause 27,
Sub-clause "b" of this Law, or the subject governed by private
law which is referred to in Section 1, Clause 27, Sub-clause "b"
of this Law performs supply to the public distribution network
only for the purpose to use economically the gas or heat energy
obtained in such activity, moreover the amount of such supply in
terms of money shall not exceed 20 per cent of the turnover of
the relevant contracting authority undertaking or subject
governed by private law which is referred to in Section 1, Clause
27, Sub-clause "b" of this Law, taking into account the average
turnover in the previous three reporting years, including the
current year.
(2) In the field of electricity supply, this Law shall be
applied to the provision and management of the public
distribution networks for production, transmission and
distribution of electricity, and also to the supply of
electricity to such networks, except for the cases where a
contracting authority undertaking or a subject governed by
private law which is referred to in Section 1, Clause 27,
Sub-clause "b" of this Law need the production of electricity in
order to ensure the electricity consumption in other types of
activities not referred to in this Section or in Section 4, 5, 6,
or 7 of this Law, and the supply to a public distribution network
depends only on the home consumption of electricity and does not
exceed 30 per cent of the average amount of electricity produced
in a year, taking into account the average amount of electricity
produced in the preceding three reporting years, including the
current year.
Section 4. Activities of Public
Service Providers in the Field of Water Supply
(1) In the field of drinking water supply, this Law shall be
applied to the provision or management of the public distribution
networks for obtaining, transportation, or distribution of
drinking water, or to the supply of drinking water to such
networks, except for the cases where the obtaining of drinking
water for a public authority undertaking or a subject governed by
private law which is referred to in Section 1, Clause 27,
Sub-clause "b" of this Law, is necessary in order to ensure the
consumption of drinking water in a type of activity not referred
to in this Section or in Section 3, 5, 6, or 7 of this Law, and
the supply to a public distribution network depends only on the
home consumption of drinking water and does not exceed 30 per
cent of the amount of drinking water obtained, taking into
account the average amount of drinking water obtained in the
preceding three reporting years, including the current year.
(2) This Law shall be applied by the public service provider
which performs any of the activities referred to in Paragraph one
of this Section, including procurements related to hydraulic
engineering projects, irrigation or drainage of farming land,
provided that the volume of drinking water supplied exceeds 20
per cent of the total volume of water obtained as a result of the
installation of the hydraulic engineering structure, irrigation
or drainage of farming land, and procurements related to the
disposal or treatment of sewage.
Section 5. Activities of Public
Service Providers in the Field of Transport Services
(1) In the field of transport services this Law shall be
applied to the provision or management of public railway,
automated system, tramway, trolleybus, bus and ropeway transport
networks, or for the provision of the services thereof.
(2) Within the meaning of this Section, a transport network
exists, if transport services are provided in accordance with the
regulations issued by an institution regulating the provision of
these services, including regulations regarding the routes to be
served, the quantities to be carried, or the frequency of the
carriages.
Section 6. Activities of Public
Service Providers in the Field of Postal Services
In the field of postal services this Law shall be applied to
the universal postal service and other postal services which are
provided by a provider of the universal postal service.
Section 7. Activities of Public
Service Providers in the Field of the Exploitation of a
Geographical Area
In the field of the exploitation of a geographical area this
Law shall be applied in relation to the exploitation of a
specific geographical area for the extraction of oil or gas or
for the exploration or extraction of coal or other fuel, and also
to the management of airports or sea ports.
Section 8. Procurement Contracts
that Cover Several Lots of the Subject Matter of the
Procurement
(1) The procurement contract having as its subject matter two
or more types of procurement (construction work, supplies, or
services) shall be awarded in accordance with the provisions
applicable to the type of procurement that characterises the main
subject matter of the respective procurement contract. For the
procurement contracts consisting partly of the services referred
to in Annex 2 to this Law and other services or partly of
services and partly of supplies, the main subject matter and the
applicable procurement procedure shall be determined according to
which of the estimated contract prices of the respective services
or supplies is the highest.
(2) If the subject matter of a procurement contract is
construction work, supplies, or services to which this Law
applies, and construction work, supplies, or services to which
this Law does not apply, and if the different lots of the
procurement are objectively separable, the public service
provider is entitled to apply appropriate legal framework to each
lot or conclude a full procurement contract and apply this Law.
If the lots of the procurement contract are not objectively
separable, the applicable legal framework shall be determined
according to the main subject matter of the procurement
contract.
(3) If the subject matter of a procurement contract is
construction work, supplies, or services to which this Law
applies and it also contains the elements of a concession
contract and if the lots of the procurement are objectively
separable, the procurement contract may be awarded in accordance
with this Law, if the contract price of the lot of the
procurement to which this Law applies is equal to or exceeds the
thresholds of contract prices stipulated by the Cabinet.
(4) If the subject matter of a procurement contract is both
the construction work, supplies, or services to which this Law
applies and the construction work, supplies, or services to which
the laws and regulations governing the procurement in the field
of defence and security apply, and if the different lots of the
procurement are objectively separable, the public service
provider may conclude a full procurement contract (the decision
to conclude a full procurement contract shall not be taken in
order to avoid the application of either this Law or the laws and
regulations governing the procurement in the field of defence and
security). The applicable legal framework shall be determined on
the basis of the following features:
1) if Article 346 of the Treaty on the Functioning of the
European Union applies to a lot of the procurement contract, the
procurement contract may be awarded without applying this Law, if
awarding of a full procurement contract is justified on objective
grounds;
2) if the Law on Procurements in the Field of Defence and
Security applies to a lot of the procurement contract, the
procurement contract may be awarded in accordance with the Law on
Procurements in the Field of Defence and Security, provided that
awarding of the full procurement contract is justified on
objective grounds.
(5) If a procurement contract conforms to both Clause 1 and
Clause 2 of Paragraph four of this Section, the public service
provider shall apply Paragraph four, Clause 1 of this
Section.
Section 9. Procurement Contracts
that Cover Activities in Several Fields
(1) If procurement contracts are intended for the provision of
activities in several fields, a public service provider may
select to award individual procurement contracts in relation to
each field of activity or award a full procurement contract. If
the public service provider selects to award individual
procurement contracts, it shall apply appropriate legal framework
for conclusion of each individual procurement contract. If the
public service provider selects to award a full procurement
contract regardless of Section 8 of this Law, Paragraphs two and
three of this Section shall be applied.
(2) A public service provider may not award a full procurement
contract or individual procurement contracts in several fields of
activity and conclude an individual procurement contract
corresponding to each field in order to avoid the application of
this Law, the Public Procurement Law, the Law on Public-Private
Partnership, or the Law on Procurements in the Field of Defence
and Security.
(3) If a procurement contract applies to activities in several
fields, the procurement procedure shall be governed by the norms
of such a field to which the most essential part of the
procurement contract applies.
(4) If a procurement contract applies to activities in both in
the field of application of this Law and other activities, and it
is not objectively possible to determine to which field the most
essential part of the procurement contract applies, the
applicable regulations shall be determined in accordance with
Clause 1, 2, or 3 of this Paragraph:
1) to award the procurement contract in accordance with the
framework of the Public Procurement Law if this Law applies to
any of the activities for which the procurement contract is
intended, but the Public Procurement Law applies to another
activity;
2) to award the procurement contract in accordance with the
framework of this Law if this Law applies to any of the
activities for which the procurement contract is intended, but
the Law on Public-Private Partnership applies to another
activity;
3) a procurement procedure shall be carried out in accordance
with this Law if this Law applies to any of the activities for
which the procurement contract is intended, but neither this Law,
the Public Procurement Law nor the Law on Public-Private
Partnership applies to another activity.
(5) If objective reasons are on the basis of awarding a full
procurement contract, the procurement contract may be awarded in
accordance with the Law on Procurements in the Field of Defence
and Security without applying the thresholds of contract prices
and exceptions of this Law if the procurement contract applies
both to the activities to which this Law applies, and to the
activities to which the Law on Procurements in the Field of
Defence and Security applies.
[21 February 2019]
Chapter
III
Exceptions to the Application of this Law
Section 10. Exceptions to the
Application of this Law
(1) This Law shall not be applied if a public service provider
concludes a contract for:
1) construction work, supplies, or services, and the objective
of such public service provider is to sell or lease to third
persons the subject matter of the procurement contract in
conformity with the condition that the public service provider
has no special rights or exclusive rights to sell or lease the
subject matter of the procurement contract and that other
subjects governed by private law are entitled to sell or lease it
in accordance with the same conditions which apply to the public
service provider. The public service provider shall inform the
European Commission upon request thereof of all categories of
products or activities to which such an exclusion is applied;
2) the subject matter of the procurement contract the
objective of which is other than the provision of the activities
referred to in Section 3, 4, 5, 6, or 7 of this Law or the
objective of which is to perform such activities in the country
other than the European Union Member State in conformity with the
condition that the infrastructure of the European Union or the
territory belonging to the European Union is not used for this
objective, and also design contests which are organised for the
abovementioned purposes. The public service provider shall inform
the European Commission upon request thereof of all activities to
which such an exclusion is applied;
3) the purchase or lease of land, existing structure, or
another immovable property or the acquisition of other rights to
such immovable property with any financial resources;
4) the contracts for the provision of transmission time or
broadcasts which are awarded to electronic mass media;
5) the services of arbitration and services which are provided
for reconciliation of the parties;
6) the document certification services provided by
notaries;
7) the legal services the providers of which are designated by
courts or the providers of which are assigned, by external laws
and regulations, to carry out specific tasks under supervision of
courts;
8) the legal services related to the exercise of official
authority;
9) the financial services related to the issue, purchase,
sale, or transfer of securities or other financial instruments,
and the activities which are performed with the assistance of the
European Financial Stability Facility and the European Stability
Mechanism;
10) the loans - regardless of whether they are or are not
related to the issue, sale, transfer, or purchase of securities
or other financial instruments;
11) the services of natural persons under the employment
contracts;
12) the public transport services by rail or underground
railway;
13) the services in the field of civil protection, civil
defence, and disaster prevention which are provided by
associations, foundations, or unions and to which one of the
following CPV codes refers: 75250000-3, 75251000-0, 75251100-1,
75251110-4, 75251120-7, 75252000-7, 75222000-8, 98113100-9, and
85143000-3, except for the emergency medical assistance services
related to the transportation of patients;
14) the subject matter of the procurement contract the
objective of which is the provision of the activity referred to
in Section 3, 4, 5, 6, or 7 of this Law if it is recognised in
accordance with the procedures referred to in Chapter XVI of this
Law that such an activity is performed under the conditions of
free competition;
15) water supply in conformity with the condition that the
public service provider ensures or manages the public networks of
drinking water supply, transport, or distribution, or supplies
drinking water to such networks;
16) supply of energy or supply of fuel for the production of
energy in conformity with the condition that the public service
provider ensures or manages public distribution networks of the
production, transportation, or distribution of gas, heat energy,
or electricity, or supplies gas, heat energy, or electricity to
such networks, or exploits a specific geographical area for the
exploration or extraction of oil, gas, or solid fuel;
17) the services provided by a contracting authority which, in
accordance with external laws and regulations, has exclusive
rights to provide the relevant service.
(2) This Law shall apply only to service contracts for
research and development services under the CPV code from
73000000-2 to 73120000-9, 73300000-5, 73420000-2, and 73430000-5
if the following conditions are concurrently fulfilled:
1) the benefits from the results of the service provided will
accrue exclusively to the public service provider which will use
these results only in the conduct of its own affairs;
2) the public service provider will fully pay for the service
provided.
(3) This Law shall not be applied if a contract is concluded
or a design contest is organised in accordance with other
provisions of procedures and the contract is awarded:
1) in accordance with an international agreement which, in
accordance with the legal acts of the European Union, has been
concluded by a European Union Member State with one or several
states, other than European Union Member States, or their lots on
construction work, supplies, or services in relation to the
participation of the states having signed the agreement in the
implementation of any joint measure or the use of the results
thereof. The public service provider shall notify the European
Commission regarding all such agreements;
2) in accordance with a particular procedure of any
international organisation;
3) in accordance with a particular procedure of any
international organisation or international financial institution
if the relevant procurement is fully financed by the relevant
organisation or institution. If the relevant organisation or
institution finances the procurement at least in the amount of 50
per cent, the parties may agree on which procurement procedures
shall be applied;
4) in accordance with an international agreement related to
the deployment of troops and applicable to the undertakings of
the European Union Member State or the undertakings of the
country other than the European Union Member State.
(4) This Law shall not be applied if:
1) the Cabinet, in accordance with external laws and
regulations, has recognised the information on a contract or the
implementation thereof as an official secret;
2) its application can possibly harm the protection of
essential State security interests. The Cabinet shall decide on
the protection of essential State security interests on a
case-by-case basis. The basis for the application of this
exception shall be neither urgency nor protected information
itself, if protection thereof can be ensured in procurement
procedures in accordance with this Law or the Law on Procurements
in the Field of Defence and Security.
(5) This Law shall not be applied to the construction work,
supplies, and services that conform to Section 3 of the Law on
Procurements in the Field of Defence and Security.
[21 February 2019]
Section 11. Mutual Procurement
Contracts Between the Contracting Authorities
(1) This Law shall not be applied to the construction work
performed, supplies or services provided by a person who meets
all of the following features:
1) it is under such control of the contracting authority which
manifests as the rights to influence the strategic objectives and
decisions of the activities of the controlled person, or under
control of a person controlled in the abovementioned manner by
the contracting authority;
2) more than 80 per cent of its activities are comprised of
carrying out particular tasks in the interests of the controlling
contracting authority or other persons controlled by the
abovementioned contracting authority;
3) there is no direct private capital participation in it,
except for such form of private capital participation which, in
accordance with the laws and regulations governing commercial law
and the Treaty on the Functioning of the European Union, does not
entail the rights to influence and control the decisions of such
person and does not exert a decisive influence on it.
(2) This Law shall not be applied if the controlled person
corresponding to the features of Paragraph one of this Section,
concurrently also being the contracting authority, awards a
procurement contract to its controlling contracting authority or
to another person controlled by the controlling contracting
authority within the meaning of Paragraph one, Clause 1 of this
Section, provided that there is no direct private capital
participation in the person to whom the procurement contract is
awarded, except for such form of private capital participation
which, in accordance with the laws and regulations governing
commercial law and the Treaty on the Functioning of the European
Union, does not entail the rights to influence and control the
decisions of such person and does not exert a decisive influence
on it.
(3) This Law shall not be applied to the construction work
performed, supplies or services provided by a person who meets
all of the following features:
1) it is under the joint control of several contracting
authorities which manifests as the rights to influence the
strategic objectives and decisions of the activities of the
controlled person;
2) more than 80 per cent of its activities are comprised of
carrying out particular tasks in the interests of the jointly
controlling contracting authorities or other persons controlled
by the abovementioned contracting authorities;
3) there is no direct private capital participation in it,
except for such form of private capital participation which, in
accordance with the laws and regulations governing commercial law
and the Treaty on the Functioning of the European Union, does not
entail the rights to influence and control the decisions of such
person and does not exert a decisive influence on it.
(4) Within the meaning of Paragraph three of this Section, the
person is under joint control of several contracting authorities
if:
1) the administrative authorities of the controlled person are
composed of representatives of all contracting authorities
(individual representatives may represent several or all of the
participating contracting authorities);
2) all contracting authorities have the right to jointly
influence the strategic objectives and decisions of the
activities of the controlled person;
3) the controlled person operates within the interests of the
contracting authorities.
(5) This Law shall not be applied to the procurement contracts
concluded between two or several contracting authorities, if all
of the following conditions have been met:
1) the procurement contract establishes or implements a
cooperation between the contracting authorities with the
objective of ensuring public services under the competence
thereof;
2) the cooperation is implemented in the interests of
public;
3) the share of the public services provided by the
participating contracting authorities in the open market for the
ensuring of which the cooperation is implemented is less than 20
per cent.
(6) In order to determine a percentage of the activities
referred to in Paragraph one, Clause 2, Paragraph three, Clause
2, and Paragraph five, Clause 3 of this Section, the average
financial turnover or another activity-based measure (for
example, costs of services, supplies, or construction work of the
controlled person or the contracting authority) for the last
three years until awarding of the procurement contract shall be
taken into account. If the controlled person or the contracting
authority has been established or has commenced activities after
the set deadline or if data on its financial turnover or
activity-based measures are not available due to its
reorganisation or no longer apply, the percentage of the
activities may be proved by using business projections.
Section 12. Contracts Concluded with
an Associate Undertaking or Public Service Provider which is a
Part of the Joint Undertaking
(1) Within the meaning of this Section, an associate
undertaking shall be such commercial company, co-operative
company registered in Latvia, European Economic Interest Grouping
registered in Latvia, European co-operative company, and European
commercial company which consolidates annual statements with
annual statements of a public service provider in accordance with
the Law on the Annual Statements and Consolidated Financial
Statements.
(2) If a public service provider does not apply the Law on the
Annual Statements and Consolidated Financial Statements, any
undertaking in which a public service provider exercises a
decisive influence or which exercises a decisive influence over a
public service provider, or a capital company over which another
capital company exercises a decisive influence and which
concurrently exercises a decisive influence over a public service
provider shall be regarded to be an associate undertaking.
(3) If Paragraphs four and five of this Section are conformed
to, regardless of Section 11 of this Law, this Law shall not be
applied to construction work, supply, and service contracts which
a public service provider concludes with an associate undertaking
or which the joint undertaking that has been established by
several public service providers in order for such undertaking to
perform some of the activities referred to in Section 3, 4, 5, 6,
or 7 of this Law concludes with one of the associate undertakings
of the public service provider forming the joint undertaking.
(4) Paragraph three of this Section shall be applied:
1) to the works contracts if at least 80 per cent of the
average total turnover of the associate undertaking for the
construction work executed over the last three years constitute
construction work executed for the public service provider or
other undertakings associated therewith;
2) to the supply contracts if more than 80 per cent of the
average total turnover of the associate undertaking for the
supplies performed over the last three years constitute supplies
performed to the public service provider or such undertakings
with which it is associated;
3) to the service contracts if more than 80 per cent of the
average total turnover of the associate undertaking for the
services provided over the last three years constitute services
provided to the public service providers or other undertakings
associated therewith.
(5) If the associate undertaking is established later and
turnover cannot be determined accordingly for the last three
years, the associate undertaking shall prove that the turnover
referred to in Paragraph four of this Section is credible,
especially by using estimation for business activity.
(6) If more than one undertaking associated with a public
service provider performs the same or similar construction work
or supplies or provides the same or similar services, the
interest referred to in Paragraph four of this Section shall be
calculated, taking into account the total turnover which is
formed by the construction work, supplies performed or services
provided by such associate undertakings accordingly.
(7) A public service provider which is established for the
performance of the relevant activity for the period of at least
three years and in the constitutive act of which it is intended
that public service providers will not withdraw from the joint
undertaking for at least three years, this Law shall not be
applied if:
1) the joint undertaking formed by several public service
providers in order for it to perform any of the activities
referred to in Section 3, 4, 5, 6, or 7 of this Law concludes a
contract with one of those public service providers;
2) the public service provider concludes a contract with the
joint undertaking of which it is a part and which has been
established in order to perform any of the activities referred to
in Section 3, 4, 5, 6, or 7 of this Law for at least three years,
provided that each public service provider is a part of the joint
undertaking at least throughout this period.
(8) Upon request of the European Commission, a public service
provider shall provide the following information on the
application of this Section:
1) the names of the relevant undertakings or joint
undertakings;
2) the types and values of the relevant contracts;
3) the proof requested by the European Commission that legal
relationships of the public service provider and the undertaking
conform to the requirements of this Section.
Chapter
IV
General Regulations for the Application of Procurement
Procedures
Section 13. Types of Procurement
Procedures and Application Thereof
(1) The following procurement procedures exist:
1) open procedure;
2) restricted procedure;
3) negotiated procedure by publishing an invitation to
participate;
4) negotiated procedure without publishing an invitation to
participate;
5) the competitive dialogue;
6) innovation partnership procedure.
(2) A public service provider is entitled to organise a design
contest if the estimated contract price is equal to or exceeds
the thresholds of contract prices stipulated by the Cabinet. The
design contest shall be organised as part of a procurement
procedure leading to the award of a service contract, or as a
separate contest providing for the prizes or payments to
participants. The procedures for the course of the design contest
shall be determined by the Cabinet.
(3) The Cabinet shall determine the provisions for the course
of procurement procedures and design contests, insofar as it is
not governed by this Law:
1) the procedures for the course and the provisions for the
application of the procurement procedures and design
contests;
2) the minimum terms for the submission of applications,
tenders, and designs and the cases for reduction thereof;
3) the cases when the public service provider does not have an
obligation to use electronic information systems for the receipt
of applications, tenders, designs, or constituent parts
thereof;
4) the content of the rules of the procurement procedures and
design contests;
5) the provisions for the announcing, suspension and
termination of procurement procedures and design contests;
6) the provisions for the communication of results of the
procurement procedure and design contest;
7) the provisions for the documentation of the procurement
procedure and design contest and the contents of the notice of
the procurement procedure and design contest;
8) the provisions for the publication of the notices;
9) the procedures for the application of the dynamic
purchasing system.
(4) The procurement procedures referred to in Paragraph one of
this Section shall be applied to works, supply, or service
contracts if the contract price thereof is equal to or exceeds
the thresholds of contract prices stipulated by the Cabinet,
except for the case when a service contract is concluded for the
services referred to in Annex 2 to this Law.
(5) If a contract is concluded for the services referred to in
Annex 2 to this Law, a public service provider shall apply this
Law if the estimated contract price is equal to or exceeds the
thresholds of contract prices stipulated by the Cabinet. For the
procurement of these services, the public service provider need
not apply the procurement procedures laid down in this Law,
except for the requirements referred to in Sections 17, 19, 23,
24, 25, and 28, Chapter VI, Sections 34, 35, Section 36,
Paragraph five, Section 37, Section 42, Paragraphs one, two,
three, and ten, Section 43, Paragraphs one and two, Section 44,
Section 45, Paragraphs one, three, and four, and Sections 55, 56,
65, and 66 of this Law.
(6) For conclusion of a works, supply, and service contract, a
public service provider is entitled to select an open procedure,
a restricted procedure, or a negotiated procedure by publishing
an invitation to participate. If the public service provider
forms a dynamic purchasing system, it shall apply the regulations
of a restricted procedure, insofar as it is not laid down
otherwise in this Law.
(7) A public service provider is entitled to apply a
negotiated procedure without publishing an invitation to
participate if:
1) no tenders or applications have been submitted, or tenders
not corresponding to the procurement contract have been submitted
in response to procurement procedure by publishing an invitation
to participate where such tenders are incapable, without
substantial changes, of meeting the requirements laid down in the
procurement procedure documents, or applications of candidates
who do not meet the qualification requirements and are to be
excluded from the procurement procedure have been submitted, and
provided that the initial provisions for the performance of the
procurement contract are not substantially altered;
2) the contract is only intended for research, experiments, or
for development without the purpose of making a profit or
covering the costs of research or development, in conformity with
the condition that such contract does not affect free competition
in relation to conclusion of subsequent contracts;
3) the construction work, supplies, or services may be
provided only by a particular economic operator in one of the
following cases:
a) the objective of the procurement is the creation or
acquisition of a unique work of art or artistic performance;
b) lack of competition due to technical reasons;
c) protection of exclusive rights (including intellectual
property rights);
4) in an extraordinary situation that has come about due to
events unforeseeable by the public service provider, where, as a
result of time limits, it is not possible to apply the open
procedure, restricted procedure, or negotiated procedure by
publishing an invitation to participate, - insofar as it is
necessary in order to prevent the extraordinary situation. The
abovementioned circumstances which justify the extraordinary
situation may not depend upon the activities of the public
service provider;
5) the public service provider needs additional supplies from
the original economic operator (manufacturer) of products in
order to supplement or partly change the products or equipment
already at the disposal thereof because, upon selecting another
economic operator (manufacturer) of products, the public service
provider would have to procure products which would differ
technically from those products already at the disposal thereof
and such difference would cause incompatibility or significant
technical difficulties associated with the maintenance and
operation of the products or equipment;
6) the subject matter of the contract is repeated performance
of construction work or provision of services provided for in the
contract previously concluded which are entrusted to the
implementer of this contract, and the repeatedly necessary
construction work or services conform to the existing project at
the basis of the contract previously concluded. This condition
shall apply to cases where the public service provider has
concluded the initial works or service contract as a result of
such procurement procedure for which an invitation to participate
has been published, a repeat conclusion of a contract is provided
for in the invitation to participate, and by determining the
estimated contract price the value of the repeatedly necessary
construction works or services has also been taken into
account;
7) the subject matter of the contract is the supply of such
products which are quoted and which the public service provider
purchases on the commodity market;
8) it is possible to purchase products or services on
particularly advantageous terms from either an economic operator
which is definitively winding up its business activities or from
the liquidator which carried out the liquidation procedure of the
economic operator, or from the administrator organising the
auction of the property of a bankrupt economic operator in
accordance with the laws and regulations;
9) it is possible to purchase products in the time period
which is shorter than the time limits for the submission of
applications and tenders specified in this Law for the prices
which are considerably lower than market prices;
10) a service contract is concluded with the winner or one of
the winners of a design contest where the design contest is
organised in accordance with the requirements of this Law. If
several winners have been determined in the design contest, all
winners shall be invited to participate in the negotiations.
(8) The exceptions referred to in Paragraph seven, Clause 3,
Sub-clauses "b" and "c" of this Section shall only apply where
there is no other reasonable alternative or substitute and if the
absence of competition has not been caused by the requirements
laid down for the procurement.
[21 February 2019]
Section 14. Determination the
Estimated Contract Price
(1) The estimated contract price shall be determined in order
to select the method of procurement.
(2) The estimated contract price shall be determined as the
total planned payment of the public service provider for the
implementation of the contract which the economic operator may
receive from the public service provider and other persons. The
public service provider, when planning the total payment, shall
take into account any selection opportunity and any supplements
to the contract, all taxes to be paid in relation to the contract
(except for the value added tax), and also the value of prizes
and payments if the public service provider intends to award
prizes or to disburse payments to the candidates, tenderers,
participants of a competitive dialogue, partners of an innovation
partnership procedure, or participants of a design contest.
(3) The estimated contract price shall be determined prior to
submission of the notice referred to Section 33, Paragraph one,
Section 34, Paragraph one, or Section 36, Paragraph four of this
Law for publication, or, if submission of such notice for the
publication is not necessary, prior to the commencement of the
procurement or the procurement procedure.
(4) It shall not be allowed to divide work projects,
foreseeable supplies or services in order to avoid the
application of the relevant procurement procedure. It shall not
be allowed to use such method for the determination of the
contract price which is aimed towards the non-application of the
procurement procedure specified in the law.
(5) In the case of works contracts, the estimated contract
price shall be the total value of all works or structures,
including the contract price of the supplies or services
necessary for the performance of the works contract and which are
intended to be performed or provided to the contractor by the
public service provider. The public service provider shall not
add the estimated contract price of the supplies and services
which are not necessary for the implementation of the particular
works contract to the estimated contract price of the works
contract if thereby the application of the requirements of this
Law to the relevant supply or service contracts may be
avoided.
(6) If the possible subject matter of a works or service
contract may be divided into lots, when concurrently concluding
contracts for each of the lots, the estimated contract price
shall be determined as the total amount of all the lots. The
public service provider shall apply the requirements of this Law
to each lot if the total amount of the lots is equal to or
exceeds the thresholds of contract prices stipulated by the
Cabinet. The public service provider is entitled not to apply
procurement procedures to those lots the estimated contract price
of which is less than EUR 1 000 000 for works contracts and less
than EUR 80 000 for service contracts if the total estimated
contract prices of these lots does not exceed 20 per cent of the
total estimated contract price of all lots.
(7) If similar products are intended to be purchased by
concurrently concluding several supply contracts so that they are
procurement contracts concerning lots, the estimated contract
price shall be determined as the total amount of all lots. The
public service provider shall apply the requirements of this Law
to each lot if the total amount of the lots is equal to or
exceeds the thresholds of contract prices stipulated by the
Cabinet. The public service provider is entitled not to apply
procurement procedures to those lots the estimated contract price
of which is less than EUR 80 000 if the total estimated contract
price of these lots does not exceed 20 per cent of the total
estimated contract price of all lots.
(8) The estimated contract price for supply contracts
providing for lease, hire purchase, or leasing shall be
determined as follows:
1) in the case of fixed-term contracts:
a) if the term is 12 months or less - as the total contract
price for the term of the contract;
b) if the term is greater than 12 months - as the total
contract value for the period of the operation of the contract,
taking into account the residual value;
2) in the case of contracts without a fixed term or the
contracts, the term of which cannot be specified - as the
estimated monthly payment multiplied by 48.
(9) In the case of conclusion of regular supply or service
contracts or in the case where the time period of a contract is
extended within a given period, the estimated contract price
shall be determined:
1) as the total actual value of the successive contracts of
the same type during the preceding 12 months or the preceding
financial year, taking into account the possible changes in
amount or value during the subsequent 12 months;
2) as the total estimated value of the successive contracts of
the same type during the subsequent 12 months after the initial
supply or during the next financial year (if it is longer than 12
months).
(10) The estimated contract price for services shall be
determined:
1) for insurance services - as the total sum of the insurance
premium payable and other forms of remuneration;
2) for credit institutions and other financial services - as
the total sum of the fee for services, commission, interest to be
paid, and other forms of remuneration;
3) for service contracts which include the drafting, the
design and modelling of the architecture or engineering
structures - as the total sum of the fee for services,
commission, and other forms of remuneration.
(11) If the total contract price is not indicated for service
contracts, the estimated contract price shall be determined as
follows:
1) for contracts with a fixed term which is 48 months or less
- as the total contract price for the term of the contract;
2) for contracts without a fixed term or with a term exceeding
48 months - as the estimated monthly payment multiplied by
48.
(12) The estimated contract price in the case of a framework
agreement and for the dynamic purchasing system shall be the
total contract price of contracts estimated during the term of
the framework agreement or the dynamic purchasing system.
(13) The estimated contract price in case of an innovation
partnership procedure shall be the maximum estimated value of all
research and development activities during all stages of the
procedure and the estimated maximum contract price of all
construction work, supplies, or services intended to be developed
during the procedure and subsequently purchased.
(14) If the design contest is planned as a part of the
procurement procedure resulting in the award of the service
contract, the estimated contract price shall be determined,
taking into account the total amount of the prizes or payments
and the estimated contract price of the service contract to be
concluded.
[21 February 2019]
Section 15. Thresholds of Contract
Prices
The thresholds of contract prices referred to in Section 8,
Paragraph three, Section 13, Paragraphs two, four, and five,
Section 14, Paragraphs six and seven, Section 31, Section 66,
Paragraph five, Clause 1, Section 78, Paragraph one, Clauses 5
and 6 of this Law shall be determined by the Cabinet on the basis
of the international commitments of the European Union in
relation to thresholds of contract prices which have to be
complied with by a public service provider. The Cabinet shall
determine the abovementioned thresholds of contract prices at
least once in every two years within a month after the European
Commission has announced the relevant thresholds of contract
prices in the Official Journal of the European Union.
[21 February 2019; 24 March 2022]
Section 16. Privileged Contracts
(1) If the subject matter of an intended procurement contract
allows for it, a public service provider is entitled, within the
scope of the measures intended for certain groups of persons, to
reserve the possibility to participate in procurement procedures
only for those candidates or tenderers where more than 30 per
cent of the average number of employees per year are persons with
disabilities.
(2) When applying Paragraph one of this Section, reference to
this Section shall be made in the contract notice.
[21 February 2019]
Section 17. General Conditions in
Relation to an Economic Operator
(1) A public service provider shall not reject a candidate, a
tenderer, or a participant of a design contest if it does not
have the specific legal status in accordance with the laws and
regulations of Latvia, however, it is entitled to perform
construction work, supply products or provide services in
accordance with the legal acts of the European Union Member State
where it has been founded.
(2) The public service provider shall request only such
information or documents from the candidate, the tenderer, or the
participant of a design contest which are necessary for the
verification of the conformity of the qualification and tenders,
and also for the selection of a tender in accordance with the
specified tender evaluation criteria.
(3) [21 February 2019]
(4) If a works or service contract is being concluded or if a
supply contract also includes the siting or installation of a
product, the public service provider is entitled to request that
the tenderer indicates in the tender or the candidate indicates
in the application for the participation in the procurement
procedure the persons responsible for the implementation of the
particular contract, and also the professional qualifications
thereof.
(5) Economic operator associations may submit tenders or apply
as candidates. The public service provider is not entitled to
bring forward a request that a specific legal status be necessary
for such an association in order for it to submit a tender or a
submission on the participation in a procurement procedure as a
tenderer or a candidate.
(6) The public service provider may determine in the
procurement procedure documents how the economic operator
associations must meet the requirements in relation to the
economic and financial standing or technical and professional
abilities. Such requirements shall be commensurate and based on
objective reasons.
(7) The public service provider may bring forward different,
commensurate, and objectively justified conditions for the
economic operator associations in relation to the implementation
of the contract. The public service provider may request that the
association in relation to which the decision is taken to award
the procurement contract, at its own choice, establishes
according to a specific legal status or concludes a partnership
agreement, agreeing upon the allocation of liability of the
members of the association, if necessary for successful
implementation of the provisions of the procurement contract.
(8) If an economic operator, its employee, or the person
indicated in the tender of the economic operator has participated
in any previous stage of the relevant procurement project or in
the development of the procurement procedure documents, the
economic operator is not entitled to participate in the next
stages of the same project or in the relevant procurement
procedure if the abovementioned conditions provide the economic
operator with advantages in this procurement procedure, thus
restricting the competition. Stages of a procurement project
shall mean several successively performed procurements which
ensure the achievement of a unified end result.
(9) The public service provider, having established the
conditions referred to in Paragraph eight of this Section, prior
to the potential rejection of a candidate or a tenderer, shall
allow it to prove that there are no conditions which would
provide this candidate or tenderer any advantages in the relevant
procurement procedure, thus hindering, restricting, or distorting
the competition.
[21 February 2019]
Section 18. Conditions in Relation
to the Agreement on Government Procurement of the World Trade
Organisation and Other International Agreements
The public service provider, insofar as it is laid down in the
Agreement on Government Procurement of the World Trade
Organisation and other international agreements binding on the
European Union, shall apply at least as favourable conditions to
the construction work, supplies, services, and economic operators
of the abovementioned contracting parties as those applied to the
construction work, supplies, services, and economic operators of
the European Union.
[21 February 2019]
Section 19. Protection of
Information
(1) A public service provider may bring forward the conditions
in relation to the protection of such information which has been
transferred thereby to economic operators together with technical
specifications, and also during the procurement procedure.
(2) When notifying of the conclusion of a procurement contract
and informing the candidates and tenderers, the public service
provider is not entitled to reveal the information which has been
transferred thereto by other candidates and economic operators as
a commercial secret or confidential information.
Section 20. Procurements Made
Jointly by Central Purchasing Bodies and Public Service
Providers
(1) A central purchasing body may procure products and
services, and also carry out procurements and procurement
procedures for conclusion of procurement contracts and framework
agreements for the needs of other public service providers,
including public service providers of other countries. In such
case the central purchasing body shall apply the requirements
laid down in this Law. The central purchasing body may maintain
an electronic information system for the receipt of applications
and tenders, and also provide consultations to the public service
providers and economic operators regarding the use of such
system.
(2) The public service provider may procure products and
services from a central purchasing body or receive construction
work, supplies, and services with the intermediation thereof.
(3) If the public service provider purchases products and
services from a central purchasing body or receives construction
work, supplies, and services with the intermediation thereof, it
shall be considered that it has applied the requirements of this
Law if the central purchasing body, by carrying out the
procurement procedure, has applied the requirements of this
Law.
(4) The public service provider may purchase products and
services from a central purchasing body located in another
European Union Member State or receive construction work,
supplies, and services with the intermediation of such body, if
it, by carrying out the procurement procedure for the needs of
the public service provider, applies the requirements of such
laws and regulations which conform to the legal acts of the
relevant Member State or directly applicable legal acts of the
European Union in the field of public procurement. In such case
it shall be considered that the public service provider has
complied with the requirements of this Law.
(5) Several public service providers from different European
Union Member States may jointly award the contract, conclude a
framework agreement, or use the dynamic purchasing system. If the
provisions for such cooperation are not included in the
international agreement concluded between the European Union
Member States, the relevant public service providers shall
conclude an agreement providing for the rights and obligations of
the parties, determine the national law applicable to the
commitments, the provisions for organisation of the procurement
procedure and conclusion of the contract. The rights and
obligations of public service providers shall be indicated also
in the documents of the relevant procurement procedure.
(6) If several public service providers from different
European Union Member States have set up a joint entity,
including European Groupings of Territorial Cooperation or
another entity established in accordance with directly applicable
legal acts of the European Union, the public service providers
involved shall, by a decision of the competent body of the joint
entity, agree whether to apply the procurement provisions of the
Member State where the joint entity has its registered address or
where the joint entity is carrying out its activities.
(7) Public service providers may agree to organise certain
specific procurements jointly. Where the joint procurement is
organised in the name and on behalf of all public service
providers, even though the procurement is carried out by only one
public service provider, the public service providers involved
shall be jointly responsible for conformity with the requirements
of this Law. Public service providers shall be jointly
responsible only for those lots of the procurement which are
carried out for the needs of all public services providers
involved.
Section 21. Special Provisions for
Procurements in the Field of Road Transport
(1) In organising procurement of road transport vehicles of
category M and N as defined in Article 4(1)(a) and (b) of
Regulation (EU) 2018/858 of the European Parliament and of the
Council of 30 May 2018 on the approval and market surveillance of
motor vehicles and their trailers, and of systems, components and
separate technical units intended for such vehicles, amending
Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing
Directive 2007/46/EC (hereinafter - Regulation No 2018/858), the
public service provider shall take into consideration the impact
of their operation on energy and the environment and, for that
purpose, shall assess at least the energy consumption and the
amount of emissions of carbon dioxide, nitrogen oxides,
non-methane hydrocarbons, and particulate matter.
(2) [2 September 2021]
(3) [2 September 2021]
(4) In organising procurement of road transport vehicles, the
public service provider shall ensure that:
1) in each procurement in which it is planned to purchase road
transport vehicles of category M1, M2, or
N1 at least the percentage of clean road transport
vehicles specified in this Law is purchased;
2) in each procurement in which it is planned to purchase road
transport vehicles of category N2 or N3 at
least the percentage of clean road transport vehicles specified
in this Law is purchased;
3) in each procurement in which it is planned to purchase
class I or class A road transport vehicles of category
M3 at least the percentage of clean road transport
vehicles specified in this Law is purchased, and at least half of
the purchased clean class I and class A road transport vehicles
of category M3 are such class I and class A road
transport vehicles of category M3 that meet the
definition of a zero-emission heavy duty vehicle.
(5) The requirements referred to in Paragraph four of this
Section shall also be applicable to services contracts covered by
CPV codes 60112000-6, 60130000-8, 60140000-1, 90511000-2,
60160000-7, 60161000-4, 64121100-1, and 64121200-2.
(6) The requirements of this Section shall not be applicable
to the procurement of the road transport vehicles referred to in
Article 2(2)(a), (b), (c), and (d), Article 2(3)(a), (b), and (c)
and Annex I, Part A, points 5.2, 5.3, 5.4, 5.5, and 5.7 of
Regulation No 2018/858.
[2 September 2021 / See Paragraphs 12 and 13 of
Transitional Provisions]
Chapter V
Provisions for Technical Specifications and Procurement Procedure
Documentation
Section 22. Informing of the Planned
Procurements and Procurement Procedures, Consultation with
Economic Operators, and Prior Involvement of Candidates and
Tenderers
(1) A public service provider shall, within five working days
from the day when a decision on the necessity of a procurement
procedure, design contest, or the procurement referred to in
Section 13, Paragraph five of this Law is taken, publish in the
State Electronic Information System and, if necessary, update
information on the planned procurement procedures, design
contests, or the procurements referred to in Section 13,
Paragraph five of this Law, indicating at least the subject
matter of the procurement, the estimated scope of the contract,
and the planned time for the announcement of the procurement. The
public service provider is entitled not to publish this
information in the cases specified in Section 13, Paragraph seven
and Section 34, Paragraph three of this Law or in the cases when
early publishing may have a negative effect on competitiveness of
the public service provider.
(2) Before launching a procurement procedure, the public
service provider may organise consultations with the economic
operators with a view to prepare the procurement and inform the
economic operators of the procurement plan and requirements. The
public service provider shall announce the consultation on its
website, indicating the issues to be discussed, the time and
place of the consultation, and the manner how economic operators
can apply for participation in the consultation, the requirements
in relation to documenting the consultation and publishing such
documentation.
(21) The public service provider is entitled to
apply the exception referred to in Section 47, Paragraph
fourteen, Clause 1 of this Law if it ensures that a consultation
with the economic operators has taken place and it complies with
the following requirements:
1) not earlier than 12 months prior to the announcement of the
procurement, a notification on the consultation and as detailed
qualification requirements and technical specifications as
possible have been published in the publication management
system, the economic operators being entitled to comment on them
electronically for at least 10 working days after publishing of
the abovementioned notification and documents;
2) the participants of the consultation have been indicated in
the notice on consultation, their comments, main conclusions of
the public service provider, and an assessment of the comments of
economic operators received during the consultation and of the
potential competition in the relevant procurement have been
documented.
(22) The Cabinet shall determine the content of and
the procedures for the preparation of the notification referred
to in Paragraph 2.1 of this Section. The qualification
requirements and technical specifications which have been
published in accordance with Paragraph 2.1 of this
Section shall be available in the publication management system
for three years after their publishing.
(3) The public service provider may receive consultations from
independent experts, institutions, or economic operators. The
abovementioned consultations may be used in the planning and
organising of the procurement procedure, if it does not restrict
competition and does not infringe the principle of prohibition of
discrimination and the principle of transparency.
(4) If a candidate, tenderer, or legal person connected with
the candidate or tenderer has consulted the public service
provider or has been otherwise engaged in the preparation of the
procurement procedure, the public service provider shall ensure
that the participation of the relevant candidate or tenderer does
not give rise to the restriction of competition in the
procurement procedure by communicating to other candidates and
tenderers the significant information which has been provided in
relation to engagement of the candidate or the tenderer in the
preparation of the procurement procedure, or which arises out of
such engagement, and setting a corresponding term for the
submission of applications or tenders.
[21 February 2019; 24 March 2022]
Section 23. Technical
Specifications
(1) Technical specifications are included in the documents of
a procurement procedure. Technical specifications shall ensure
equal opportunities for all tenderers and shall not create
unjustified restrictions for the competition in procurement
procedures.
(2) The requirements of the public service provider may refer
to a special process or method of performance of the requested
construction work, production of products, or provision of
services, or a special process in another stage of their life
cycle even if such factors are not directly related to the nature
of the construction work, supplies, or services, but they are
related to the subject matter of the procurement contract and are
commensurate with the value and objectives of the procurement
contract.
(3) Technical specifications for works contracts shall be a
summary of technical descriptions which determines the
requirements of the public service provider in relation to
materials, products, technical equipment, or supplies and which
characterises materials, products, technical equipment, or
supplies so that they would conform to the objectives intended by
the public service provider. These descriptions shall include the
environmental protection requirements, the designing requirements
(also requirements in relation to availability for persons with
disability), the requirements for conformity assessment and
implementation, the safety rules, the quality assurance system,
the terminology, the measurements, the symbols, the testing rules
and methods, the packaging, the labelling, the production
processes and methods in all stages of a life cycle of
construction work. Technical specifications shall also include
the provisions regarding work completion tests and work
acceptance, the requirements in relation to the methods and
technology for the performance of construction work, the
provisions regarding the construction designing and
cost-estimation, and other technical provisions which the public
service provider has intended for construction work or the
structure in aggregate, or for materials and objects which are
planned to be used in the structure. The scope of construction
work shall be determined according to the building design and
shall be included in the list of the scope of construction work.
The procedures for the determination of construction costs for a
works contract shall be determined by the Cabinet.
(4) The requirements brought forward in relation to the
necessary supplies and services shall be determined in the
technical specifications for supply and service contracts. In
addition the objective, methods and resources to be used (if
necessary), and also the end result of services shall be
determined for service contracts. Technical specifications for
supply and service contracts shall additionally contain technical
descriptions which include such requirements stipulated by the
public service provider in relation to the product or service as
the level of quality, the environmental protection requirements
and climate change reduction, the construction requirements (also
requirements in relation to the provision of availability for
persons with disability), the performance requirements, the
requirements for product use, the safety rules, the measurements,
the terminology, the symbols, the testing rules and methods, the
requirements in relation to the product name under which they are
sold, the packaging and labelling, the user manuals, the
production processes and methods at any stage of a life cycle of
a product or service, and also the conformity assessment
methods.
(5) Technical specifications shall be prepared in one of the
following ways:
1) by determining the functional requirements or performance
results and including also the environmental protection
requirements. The requirements shall be defined with precision so
that the tenderer might ascertain the subject matter of the
contract, but the public service provider - compare tenders;
2) by referring to the technical specifications referred to in
Paragraphs three and four of this Section and to the standards in
the following sequence: the European standards adapted in the
status of a Latvian national standard, the European technical
assessments, the common technical specifications, other
international standards, and also other technical reference
systems established by the European standardisation authorities,
or if the abovementioned standards do not exist - in the
following sequence: the Latvian national standards, the national
technical approvals, or the national technical specifications in
relation to designing, cost-estimation, and performance, and also
the use of the products. Each reference shall include the words
"or equivalent";
3) by determining the functional requirements or performance
results in accordance with Clause 1 of this Paragraph and with
reference to the specifications in accordance with Clause 2 of
this Paragraph in order to ensure the conformity to the
functional or performance requirements;
4) by referring to the specifications in accordance with
Clause 2 of this Paragraph, but specifying other requirements as
functional requirements or performance requirements in accordance
with Clause 1 of this Paragraph.
(6) If it is not decisive for the existence of the subject
matter of the contract, technical specifications shall not
specify a specific origin, special process characterising the
products or services of only a particular economic operator,
brand, patents, or specific types of products creating advantages
or a reason for the rejection for certain economic operators or
products. Such reference may be included in an exceptional case
if it is not possible to prepare a sufficiently precise and clear
description of the subject matter of the contract in accordance
with Paragraph five of this Section. In such case the reference
shall be used together with the words "or equivalent".
(7) If the public service provider prepares the technical
specification in accordance with Paragraph five, Clause 2 of this
Section, it shall not reject a tender because the offered product
or services do not conform to the standards or technical
specifications indicated in the reference if the tenderer, using
any appropriate means (including the evidence referred to in
Section 25 of this Law), can prove that the tender is equivalent
and meets the requirements of the public service provider which
are indicated in the technical specification.
(8) If the public service provider prepares the technical
specification in accordance with Paragraph five, Clause 1 of this
Section, it shall not reject tenders which conform to the
European standards adapted in the status of a Latvian national
standard, the European technical assessments, the common
technical specifications, other international standards, and
other technical reference systems established by European
standardisation authorities, if these standards, technical
specifications, or reference systems determine the same
functional requirements or performance requirements which have
been stipulated by the public service provider. A tenderer, using
any appropriate means (including the evidence referred to in
Section 25 of this Law), may prove that the construction work,
supplies, or services conforming to the standard meet the
functional or performance requirements stipulated by the public
service provider.
(9) For procurements the results of which are intended for use
by natural persons (including the staff of the public service
provider), the technical specifications shall be prepared so as
to ensure accessibility of the procurement results for persons
with disability or to take into account the principles of
universal design, except for when the public service provider has
a duly justification for the non-inclusion of such requirements
in the technical specifications. If the directly applicable legal
acts of the European Union confirm the mandatory access
requirements, the technical specifications shall contain a
reference to such standards, insofar as they determine the
requirements in relation to ensuring access for persons with
disability or the principles of universal design.
(10) The provisions in relation to the transfer of the
intellectual property rights to a public service provider may
also be indicated in the technical specifications.
(11) The date of preparation or last updating of the technical
specifications shall be indicated in the procurement procedure
documents. The public service provider shall update the technical
specifications prior to announcement of the procurement if
amendments to the legal acts of the relevant field have been made
after the preparation or last updating thereof. If the technical
specifications have been prepared or updated more than 12 months
before announcing the procurement, the public service provider
shall, by recording it in the minutes and before announcement of
the procurement, review and, if necessary, update the indicators
and calculations included in the technical specifications and, if
applicable, in other procurement procedure documents which may
affect determination of the estimated contract price.
[24 March 2022]
Section 24. Labels
(1) If a public service provider plans to purchase
construction work, products, or services conforming to specific
environmental protection, social or other special requirements,
it may, in the technical specifications, the tender evaluation
criteria, or the provisions for the performance of the contract,
require a special label as means of proof that the construction
work, services, or supplies conform to the specified
requirements, if all of the following conditions have been
met:
1) the label requirements only apply to the criteria linked to
the subject matter of the contract and are appropriate for
defining the characteristic features of the construction work,
supplies, or services included in the subject matter of the
procurement;
2) the label requirements are prepared on the basis of
objectively verifiable and non-discriminatory criteria;
3) the labels is approved in open and transparent procedures
in which all relevant stakeholders, including State authorities,
consumers, social partners, producers, distributors, and
non-governmental organisations, may participate;
4) the labels are accessible to all stakeholders;
5) the label requirements are determined by a person over
which the economic operator applying for the receipt of the label
cannot exercise a decisive influence.
(2) If a label conforms to the conditions of Paragraph one,
Clauses 2, 3, 4, and 5 of this Section, but it also includes
information on the requirements not related to the subject matter
of the procurement contract, the public service provider shall
not require conformity with all label requirements, but shall
refer the detailed specification of the relevant label or the
parts thereof that are linked to the subject matter of the
procurement contract and are appropriate for defining the
characteristic features of the subject matter of the procurement
contract.
(3) The public service provider shall indicate which label
requirements must be conformed to if the conformity of the
construction work, supplies, or services with all of the label
requirements is not required. The public service provider shall
accept equivalent labels confirming that the construction works,
supplies, or services conform to the label indicated by the
public service provider.
(4) If the economic operator had no possibility of obtaining
the label indicated by the public service provider or an
equivalent label by the day of submitting the tender for reasons
that are not attributable to the economic operator, the public
service provider shall accept other appropriate means of proof
(including a technical dossier from the producer) proving that
the construction works, supplies, or services fulfil the
requirements of the label indicated by the public service
provider.
[21 February 2019]
Section 25. Test Reports,
Specifications, and Other Means of Proof
(1) A public service provider may require that the economic
operator submits a test report or a certificate of the conformity
assessment body accredited in accordance with the procedures laid
down in Regulation No 765/2008 of the European Parliament and of
the Council of 9 July 2008 setting out the requirements for
accreditation and market surveillance relating to the marketing
of products and repealing Regulation (EEC) No 339/93 to prove the
conformity with the requirements or criteria laid down in the
technical specification, with the tender evaluation criteria or
the provisions for the performance of the contract. If the public
service provider requires the submission of certificates issued
by a particular conformity assessment body, certificates issued
by other equivalent conformity assessment bodies shall also be
accepted by the public service provider.
(2) The public service provider shall accept other appropriate
means of proof (including a technical dossier of the producer) if
the economic operator had no possibility of obtaining the
certificates or test reports referred to in Paragraph one of this
Section, or no possibility of obtaining them by the time limit
for submission of tenders, provided that it is not attributable
to the economic operator and provided that it proves that the
construction work, supplies, or services conform to the
requirements or criteria laid down in the technical
specification, to the tender evaluation criteria or the
provisions for the performance of the contract.
Section 26. Variants of Tenders
(1) A public service provider may provide for a possibility to
submit variants of tenders. The public service provider shall
indicate in the contract notice whether or not the submission of
variants of tenders is mandatory or permissible. It shall not be
permitted to submit variants without such indication.
(2) The public service provider shall determine in the
procurement procedure documents the minimum requirements for the
variants and specific requirements for submission of variants,
indicating whether variants may be submitted only where a tender
has also been submitted.
(3) The public service provider shall only review those
variants of tenders which conform to the minimum requirements
stipulated thereby.
(4) If it is intended to conclude a supply or service contract
in procurement procedures and the public service provider has
allowed the submission of variants of tenders in accordance with
Paragraph two of this Section, it shall not reject a variant of a
tender only on the basis of the fact that in case of tender
selection a service contract will be concluded instead of a
supply contract or a supply contract - instead of a service
contract.
[21 February 2019]
Section 27. Tender Security and
Performance Bond
(1) A public service provider is entitled to request that the
tenderer submits or pays in a tender security and performance
bond. The public service provider shall determine in the
procurement procedure documents the types, amount, and time
limits of the tender security and performance bond, and also the
provisions for the submission and issue, payment and disbursement
thereof.
(2) The amount of the tender security shall be determined
commensurately, taking into account the estimated contract price
of the relevant procurement and the subject-matter of the
contract, but not more than two per cent of the estimated
contract price.
(3) The time limit of the tender security shall be determined
commensurately, taking into account the complexity of the
relevant procurement and the estimated time limit for evaluation
of tenders, but the time limit of the tender security may not
exceed six months counting from the day when tenders were opened.
If the specified time limit cannot be conformed to due to
objective reasons, the public service provider may ask to extend
the time limit of the tender security.
(4) An economic operator is entitled to submit the tender
security and performance bond as a credit institution guarantee,
insurance policy or, if the public service provider has provided
for such an option in the procurement procedure documents, as
payment of a sum of money in the account indicated by the public
service provider.
(5) The tender security shall be in effect for the shortest of
the following time limits (except for the case referred to in
Paragraph seven of this Section):
1) within the minimum time limit of validity of the tender
security specified in the procurement procedure documents;
2) if it has been specified in the procurement procedure
documents that the tenderer to whom the procurement contract has
been awarded submits a performance bond prior to conclusion of
the procurement contract - until the day when the selected
tenderer submits such performance bond;
3) until conclusion of the procurement contract.
(6) The security provider shall disburse the public service
provider or the public service provider shall withhold the amount
of tender security paid by the tenderer, if:
1) the tenderer withdraws his tender during the period of
validity of the tender security;
2) the tenderer to whom the procurement contract has been
awarded has not submitted the performance bond provided for in
the procurement procedure documents and the procurement contract
to the public service provider within the time limit stipulated
by the public service provider;
3) the tenderer to whom the procurement contract has been
awarded does not sign the procurement contract or framework
agreement within the time limit stipulated by the public service
provider.
(7) If it has been specified in the procurement procedure
documents and the procurement contract that the tenderer whose
tender has been selected according to the tender selection
criterion submits a performance bond after conclusion of the
contract, the tender security in relation to such person shall be
in effect until the day when it submits such performance
bond.
[21 February 2019]
Section 28. Green Public
Procurement
(1) A public service provider, when preparing the procurement,
shall take into account the requirements laid down in accordance
with Paragraph two of this Section. If such requirements are not
laid down, the public service provider shall give preference to
such requirements of technical specifications, tender evaluation
criteria, and provisions for the performance of the procurement
contract which ensure the conformity of the procurement with the
principles of a green public procurement, taking into account the
principle of commensurability and based on objective reasons.
(2) The Cabinet shall determine the principles of a green
public procurement, the requirements and the procedures for the
application thereof, the groups of products, services, and
construction work subject to the requirements of a green public
procurement, the tender evaluation criteria, the provisions for
the performance of the procurement contract, and the procedures
for the control thereof.
Chapter
VI
Procurement Commission
Section 29. Establishment of the
Procurement Commission
(1) A public service provider shall establish a procurement
commission for the performance of the procurement procedures
referred to in Section 13, Paragraph one, Clauses 1, 2, 3, 4, 5,
and 6 of this Law and for the performance of the procurements
referred to in Section 13, Paragraph five of this Law. The
commission shall consist of persons upon whom the administrative
penalty for infringements in the field of public procurement and
public-private partnership - a prohibition to exercise the rights
- the prohibition to hold the offices the duties of which include
taking of decisions in the field of public procurements and
public-private partnership or conclusion of procurement
contracts, framework agreements, partnership procurement
contracts, or concession contracts, has not been imposed, or the
enforcement of such penalty has ended. The public service
provider shall, before establishment of the procurement
commission or inclusion of a new member in the procurement
commission, obtain the abovementioned information on a person
from the publication management system.
(2) A procurement commission shall be established for each
procurement separately or for a certain period of time. When
establishing the procurement commission, the public service
provider shall ensure that this commission is competent in the
field in which the procurement contract is being awarded. When
performing its duties, the procurement commission is entitled to
invite experts and the secretary of the procurement
commission.
(3) The public service provider shall establish a procurement
commission which consists of at least three members. The
procurement commission shall be independent in its activity, and
influencing of the decision thereof is not permissible.
(4) The persons who are operating in the procurement
commission which is established in accordance with this Law shall
not be regarded as public officials within the meaning of the law
On Prevention of Conflict of Interest in Activities of Public
Officials.
[5 December 2019; 24 March 2022]
Section 30. Basic Operating
Principles of the Procurement Commission
(1) A person preparing the procurement procedure documents
(official or employee of the public service provider), members of
the procurement commission, secretary of the procurement
commission, and experts may not represent the interests of a
candidate or tenderer, including they may not have direct or
indirect financial, economic, or other personal interest which
may affect impartiality and independence of the person in
relation to the particular procurement, and also they may not be
connected to the candidate or tenderer. Within the meaning of
this Paragraph, a person preparing the procurement procedure
documents (official or employee of the public service provider),
a member of the procurement commission, the secretary of the
procurement commission, and an expert is connected to a candidate
or tenderer if he or she is:
1) the current or former employee, official, shareholder,
stockholder, proctor, or member of a legal person - candidate,
tenderer, or subcontractor, and if this connection with the legal
person has ended within the last 24 months;
2) the father, mother, grandmother, grandfather, child,
grandchild, adoptee, adopter, brother, sister, half-brother,
half-sister, or spouse (hereinafter - the relative) of a
stockholder who owns at least 10 per cent of stocks, shareholder,
proctor, or official of a legal person - candidate, tenderer, or
subcontractor;
3) the relative of a natural person - candidate, tenderer, or
subcontractor;
4) the current or former beneficial owner of a legal person -
candidate or tenderer - and if this connection with the legal
person has terminated within the last 24 months;
5) the relative of the beneficial owner of a legal person -
candidate or tenderer.
(2) The connection of a person preparing the procurement
procedure documents (official or employee of the public service
provider), members of the procurement commission, secretary of
the procurement commission, experts with a candidate or tenderer
shall also apply to the cases where the candidate or tenderer is
an association of persons the members of which are natural or
legal persons with whom the person preparing the procurement
procedure documents (official or employee of the public service
provider), the member of the commission or the secretary of the
procurement commission, or the expert has the connection referred
to in Paragraph one, Clause 1, 2, 3, 4, or 5 of this Section.
(3) A person preparing the procurement procedure documents
(official or employee of the public service provider), members of
the procurement commission, secretary of the procurement
commission, and experts shall sign a certification that there are
no such circumstances due to which it might be regarded that they
are interested in selecting or activities of a particular
candidate or tenderer or that they are connected to them within
the meaning of Paragraph one of this Section and that they will
not disclose the information obtained within the scope of the
procurement which is non-disclosable in accordance with the laws
and regulations.
(4) The chairperson of the procurement commission shall
organise and manage the work of the commission, determine the
venue, time, and agenda of the commission meetings, convene and
chair the commission meetings, and also ensure signing of the
certifications referred to in Paragraph three of this
Section.
(5) The procurement commission shall take decisions at
meetings. The procurement commission shall have a quorum if at
least two thirds, but not less than three members of the members
of the commission are present at the meeting. The number of the
members of the commission shall be determined by rounding up the
result obtained. The procurement commission shall take decisions
with a simple majority of votes. In the event of a tied vote of
the members of the procurement commission, the chairperson of the
commission shall have the casting vote. The member of the
commission may not abstain from taking the decision.
(6) Each member of the procurement commission shall evaluate
the tender individually according to all evaluation criteria
indicated in the procurement procedure documents, except for
where only the price is used for the comparison and evaluation of
the tenders. The tender which upon summarisation of individual
evaluations has achieved the highest evaluation shall be
recognised as the most economically advantageous tender.
[21 February 2019; 24 March 2022; 5 May 2022]
Chapter
VII
Provisions for the Announcement and Observation of
Transparency
Section 31. Periodic Indicative
Notice
A public service provider may inform of its planned
procurements by publishing a periodic indicative notice. A public
service provider shall publish a periodic indicative notice if
the estimated contract price of the procurement contract is equal
to or exceeds the thresholds of contract prices stipulated by the
Cabinet.
[24 March 2022]
Section 32. Notice on the Existence
of a Qualification System
(1) If a public service provider wishes to develop a
qualification system in accordance with Section 55 of this Law,
it shall publish a notice on the existence of a qualification
system, indicating the objective of the qualification system and
the place for obtaining information on the operational rules of
the qualification system. The public service provider shall
indicate the duration of the validity of the qualification system
in the notice on the existence of a qualification system.
(2) The public service provider shall publish the relevant
notice in the publication management system if the following
amendments are made during the term of validity of the
qualification system:
1) if the term of validity of the qualification system is
changed - a notice on the existence of a qualification
system;
2) if the operation of the qualification system is
discontinued before the specified term - a contract award
notice.
Section 33. Design Contest Notice
and Notice on the Results of the Design Contest
(1) A public service provider wishing to organise a design
contest shall publish a design contest notice.
(2) The public service provider shall, within 10 working days
after notifying the participants of the design contest, submit a
notice on the results of the design contest for the
publication.
Section 34. Notice on Social and
Other Specific Services
(1) A public service provider wishing to organise a
procurement in accordance with the procedures laid down in
Section 13, Paragraph five of this Law shall publish a notice on
social and other specific services. The public service provider
shall determine the time limit for the submission of applications
of not less than five working days from the day when the
Procurement Monitoring Bureau has sent the notice on social and
other specific services to the Publication Office of the European
Union for the publication in the Official Journal of the European
Union. The public service provider shall determine the time limit
for the submission of tenders of not less than five working days
from the day when the Procurement Monitoring Bureau has sent the
notice on social and other specific services to the Publication
Office of the European Union for the publication in the Official
Journal of the European Union or when the invitation to tender
has been sent to the selected candidates if the selection of
candidates is provided for.
(11) If the public service provider makes
amendments to the documentation of a procurement organised in
accordance with the procedures laid down in Section 13, Paragraph
five of this Law, the minimum time limit for the submission of
applications and tenders shall be not less than five working days
from the day when the Procurement Monitoring Bureau has sent the
notice on changes or additional information to the Publication
Office of the European Union for the publication in the Official
Journal of the European Union.
(2) The public service provider shall, within 10 working days
after conclusion of a public service contract or taking of the
decision to terminate or suspend the procurement, submit the
notice on social and other specific services for the
publication.
(3) The public service provider is entitled not to publish the
notice referred to in Paragraph one of this Section, if the
procurement conforms to any of the cases referred to in Section
13, Paragraph seven of this Law.
[21 February 2019; 24 March 2022]
Section 35. Notice on Changes During
the Term of the Contract
A public service provider who has made the amendments referred
to in Section 66, Paragraph three, Clauses 2 and 3 of this Law
shall, within five working days after entering into effect of the
amendments, publish a notice on changes during the term of the
contract.
Section 36. Invitation to
Participate
(1) In the case of a works, supply, and service contract, a
public service provider shall invite economic operators to
participate in the procurement procedure, using any of the
following notices:
1) a periodic indicative notice;
2) a notice on the existence of a qualification system;
3) a contract notice.
(2) If a procurement is announced by providing a periodic
indicative notice in accordance with Section 31 of this Law, and
the procurement contract is awarded in a restricted procedure or
negotiated procedure, the public service provider shall invite
the candidates who have expressed their interest after publishing
of the periodic indicative notice to confirm such interest in
writing.
(3) If the public service provider includes an invitation to
participate in the periodic indicative notice, it shall make
reference in this notice specifically to the works, supplies, or
services which will be the subject matter of the foreseeable
procurement contract and shall indicate that the procurement
contract will be concluded as a result of a restricted procedure
or negotiated procedure without a subsequent invitation to
participate, and also shall request that the interested economic
operators submit their applications in writing. Such periodic
indicative notice shall be published in accordance with Section
40, Paragraph two of this Law no later than 35 days and no sooner
than 12 months prior to the invitation to submit a tender in a
restricted procedure or the invitation to participate in a
negotiated procedure in conformity with the time limits for the
submission of tenders referred to in Section 41 of this Law.
(4) If the public service provider applies an open or
restricted procedure, a negotiated procedure by publishing an
invitation to participate, an innovation partnership procedure, a
competitive dialogue or plans to establish the dynamic purchasing
system, it shall publish a contract notice.
(5) If the public service provider makes amendments to
procurement procedure documents or in the procurement documents
in accordance with the procedures laid down in Section 13,
Paragraph five of this Law, or extends the time limits for the
submission of applications or tenders, it shall publish a notice
on changes or additional information notice.
[21 February 2019]
Section 37. Procedures by which
Candidates and Tenderers shall be Informed of Results
(1) A public service provider shall, within 10 working days
after taking of the decision, concurrently inform all candidates
of the decision taken in relation to the results of candidate
selection or of inclusion in the dynamic purchasing system (the
rejected tenderer shall also be notified of the reasons for
rejecting the tender submitted by it), or design contest
participants of the decision taken in relation to the results of
the design contest. The public service provider shall notify all
candidates or design contest participants of the term during
which the person, in conformity with Section 72, Paragraph two,
Clause 1 or 2 of this Law, may submit a complaint to the
Procurement Monitoring Bureau regarding violations of the
procurement procedure.
(2) The public service provider shall concurrently inform all
tenderers of the decision taken in relation to the conclusion of
a procurement contract or framework agreement within five working
days after taking of the decision. The public service provider
shall notify the name of the selected tenderer or the names of
the participants selected for the framework agreement,
indicating:
1) to the rejected tenderer - the reasons for rejecting the
tender submitted thereby, justifying the decision on
non-conformity with equivalence or the decision on non-conformity
of the relevant tender with the functional or performance
requirements;
2) the characterisation and relative advantages of the
selected tender to the tenderer which has submitted an
appropriate tender;
3) the time limit by which the tenderer may, in accordance
with Section 72, Paragraph two, Clause 1 or 2 of this Law, submit
a complaint to the Procurement Monitoring Bureau regarding
violations of the procurement procedure.
(3) If a procurement procedure is terminated or discontinued
or if a dynamic purchasing system is not established, the public
service provider shall, within five working days after taking of
the decision, concurrently inform all candidates or tenderers of
all the reasons due to which the procurement procedure is
terminated or discontinued or a dynamic purchasing system is not
established. The public service provider shall inform all
candidates or tenderers of the deadline by which a person is
entitled, in accordance with Section 72, Paragraph two, Clause 1
or 2 of this Law, to submit a complaint to the Procurement
Monitoring Bureau regarding violations of the procurement
procedure.
(4) The public service provider shall inform an economic
operator of the decision taken in relation to the inclusion
thereof in the qualification system (the rejected tenderer shall
also be given the reasons for the rejection of the tender
submitted thereby) within five working days after taking of the
decision and of the deadline by which an economic operator may
submit a complaint to the Procurement Monitoring Bureau regarding
violations of the procurement procedure in accordance with
Section 72, Paragraph two, Clause 1 or 2 of this Law.
(5) The public service provider shall, within five working
days after taking of the decision, inform a participant of the
decision taken in relation to the exclusion thereof from the
qualification system in the case referred to in Section 55,
Paragraph eight of this Law, indicating the grounds for exclusion
and the time limit by which a person, in accordance with Section
72, Paragraph two, Clause 1 or 2 of this Law, is entitled submit
a complaint to the Procurement Monitoring Bureau regarding
violations of the procurement procedure.
(6) The public service provider is entitled not to disclose
the information referred to in Paragraphs one and two of this
Section if disclosure thereof is in contradiction with laws and
regulations or would restrict the competition of economic
operators, or would damage substantial commercial interests of
economic operators, providing a justified and objective
explanation on reasons for non-disclosure of the information.
(7) The public service provider shall send information on the
results by post, fax, or in electronic form, using a secure
electronic signature or attaching a scanned document to the
electronic mail message, or shall deliver it in person. Within
the meaning of this Section, it shall be considered that
information has been concurrently handed over to all candidates,
tenderers, or design contest participants, if it has been sent
out or handed over to these persons on the same day.
(8) When informing of results, the public service provider
shall keep the evidence of the sending of the information or the
date and time of handing it over.
[21 February 2019]
Section 38. Contract Award
Notices
(1) A public service provider shall, within 10 working days
after conclusion of a procurement contract or a framework
agreement, submit a contract award notice for the publication.
The public service provider may group contract award notices in
relation to procurement contracts being concluded within the
scope of the framework agreement on a quarterly basis and submit
them for the publication within 10 working days after the end of
each quarter.
(2) If the public service provider takes a decision within the
scope of the dynamic purchasing system, it shall submit the
contract award notice in relation to each procurement contract
for the publication within 10 working days after taking of the
decision. This condition may be waived, if the public service
provider groups the contract award notices on a quarterly basis
and submits them for the publication within 10 working days after
the end of each quarter.
(3) A part of the information on conclusion of a procurement
contract or a framework agreement need not be published if the
disclosure of such information would hinder the implementation of
legal acts or would be otherwise in contradiction with public
interests, or damage national interests or commercial interests
of the tenderer, or hinder, restrict, or distort competition.
(4) If the public service provider applies the negotiated
procedure for conclusion of a research and development service
contract without publishing an invitation to participate, it is
entitled to restrict the information to be published in the
contract award notice in relation to the nature and extent of the
services with the note "research and development service". If the
public service provider concludes a research and development
service contract as a result of such procurement procedure
regarding which an invitation to participate has been published,
it is entitled to restrict the information on the type and extent
of the services to be provided on the grounds of a commercial
secret. In such cases the public service provider shall ensure
that any information referred to in this Section is not less
detailed than that contained in the invitation to
participate.
(5) By using the qualification system, the public service
provider shall ensure that in the case referred to in Paragraph
four of this Section the information referred to in the contract
award notice is not less detailed than the category of services
referred to in the list of qualified service providers of the
qualification system.
Section 39. Voluntary Notice on the
Procurement Results
(1) A public service provider may submit a voluntary notice on
the procurement results for the publication in the cases referred
to in Sections 10, 11, 12 and Section 13, Paragraph seven of this
Law.
(2) A voluntary notice on the procurement results shall be
published so that the stakeholders could contest the
justification of such procurement which because of an error by
the public service provider has been performed without applying a
corresponding procurement procedure and without publishing a
contract notice, and in order to concurrently eliminate the
consequences referred to in Section 78 of this Law.
[21 February 2019]
Section 40. Publication of
Notices
(1) The Cabinet shall determine the content of and the
procedures for the preparation of the notices referred to in
Sections 31, 32, 33, 34, and 35, Section 36, Paragraphs four and
five, Section 38, Paragraph one, and Section 39 of this Law. A
sample notice form shall be determined in accordance with
Commission Regulation No 2015/1986 of 11 November 2015
establishing standard forms for the publication of notices in the
field of public procurement and repealing Implementing Regulation
(EU) No 842/2011.
(2) The Procurement Monitoring Bureau shall, within three
working days after receipt of the notice referred to in Paragraph
one of this Section, examine the conformity of the content
thereof with the requirements of this Law and send the notice to
the Publication Office of the European Union for the publication
in the Official Journal of the European Union. The Procurement
Monitoring Bureau shall publish the notice on its website after
receipt of the confirmation that the notice has been published in
the Official Journal of the European Union or 48 hours after
receipt of the confirmation from the Publication Office of the
European Union that the notice has been received.
(3) When announcing the procurement results, the public
service provider is entitled to withhold certain information from
publication in the notice, where its release would impede the
application of laws and regulations or be in contradiction with
the public interests, or would restrict competition among
economic operators, or would harm the legitimate commercial
interests (public or private) of economic operators.
(4) The public service provider has also the right to publish
notices in the Official Journal of the European Union and insert
them on the website of the Procurement Monitoring Bureau if this
Law does not impose an obligation to publish such notices.
Section 41. Time Limits for the
Submission of Applications and Tenders
(1) A public service provider, when determining the time
limits for submission of applications or tenders, shall take into
account the level of complexity of the potential procurement
contract and the time period which is necessary for the
preparation of tenders, and also the minimum time limits for the
submission of applications and tenders stipulated by the
Cabinet.
(2) The public service provider shall determine a longer time
limit for the submission of tenders than it is provided for in
the Cabinet regulations regarding the procedures for the course
of a procurement procedure if the tender may be prepared only
after visiting the place of implementation of the procurement
contract or after becoming familiar with the additional documents
of the procurement procedure indicated by the public service
provider at the place indicated by the public service provider.
The time limit for the submission of tenders shall be such that
the interested economic operators or candidates would be able to
become acquainted with all the information necessary for the
preparation of a tender.
(3) The public service provider may make amendments to the
procurement procedure documents, except for the case when the
amended provisions allow for submission of different tenders or
participation or selection of other candidates or tenderers in
the procurement procedure. If amendments have been made to the
procurement procedure documents, the time limit for the
submission of tenders is extended according to the relevance of
the information or changes so that the interested economic
operators or candidates are able to become acquainted with all
the information needed for the preparation of tenders, and the
minimum time limits stipulated in the Cabinet regulations
regarding the procedures for the course of the procurement
procedure would be conformed to.
(4) The public service provider is entitled to extend the
specified time limits for the submission of applications and
tenders, publishing a notice on changes or additional information
notice. The minimum time period by which the public service
provider is entitled to extend the time limit for the submission
of applications or tenders shall be seven days. Such extension of
time limits shall not be considered amendments to the procurement
procedure documents within the meaning of Paragraph three of this
Section.
Section 42. Access to Procurement
Procedure Documents, Issuance Thereof, and Provision of
Additional Information
(1) A public service provider shall, in an open procedure, a
restricted procedure, a design contest, or a competitive dialogue
procedure upon request of the interested economic operators,
issue technical specifications to them which are regularly used
in works, supply, or service contracts, or technical
specifications which it is preparing to apply to procurement
contracts regarding which a periodic indicative notice has been
published.
(2) The public service provider shall, free of charge, ensure
free and direct electronic access to the technical specifications
referred to in Paragraph one of this Section and other necessary
documents, publishing them on the buyer profile.
(3) [21 February 2019]
(4) The public service provider is entitled not to publish the
technical specification or part thereof on the buyer profile if
such specification is recognised as a commercial secret and the
public service provider plans to apply Section 19 of this Law to
the procurement procedure. If the public service provider does
not ensure free and direct electronic access to procurement
procedure documents in accordance with Section 19, Paragraph one
of this Law, it shall extend the time limit for the submission of
tenders for five days and indicate what confidentiality
protection of information is requested for these documents and
how the interested economic operators may acquire access to the
relevant documents, except for extraordinary cases when the
public service provider justifies urgency.
(5) If the technical specifications have been prepared on the
basis of documents available to the interested economic
operators, the public service provider shall refer to those
documents.
(6) The public service provider shall ensure free and direct
access to the procurement procedure documents and all
additionally necessary documents, and also the possibility for
interested economic operators, starting from the time of
announcement of the relevant procurement procedure, to become
acquainted on site with the additional documents of the
procurement procedure for which free and direct electronic access
cannot be ensured due to confidentiality or commercial interest
protection. If an interested economic operator requests to issue
the procurement procedure documents in printed form, the public
service provider shall issue them to such economic operator
within three working days after receipt of the request for these
documents, provided that the request for documents has been
submitted in due time prior to the expiry of the time limit for
the submission of tenders. The public service provider may charge
a fee for the issue of the procurement procedure documents in
printed form which shall not exceed the actual expenditures of
reproduction and sending of the documents.
(7) If a notice on the existence of a qualification system is
used for the announcement of the procurement, such access shall
be offered as soon as possible, however not later on the day when
the invitation to submit tenders or participate in negotiations
is sent. The website where it is possible to access the
procurement procedure documents shall be indicated in the notice
or invitation.
(8) If the economic operator or the candidate has requested,
in a timely manner, additional information on the requirements
contained in the procurement procedure documents, the public
service provider shall provide it within five working days, but
not later than six days before expiry of the time limit for the
submission of applications or tenders. If the public service
provider, due to urgency considerations, has shortened the time
limit for the submission of tenders in an open procedure or the
time limit for the submission of applications and tenders in a
restricted procedure or a negotiated procedure by publishing
invitation to participate, the public service provider shall
provide additional information within three working days, but not
later than four days before expiry of the time limit for the
submission of applications and tenders.
(9) The public service provider shall send additional
information to the economic operator which has asked the
question, and shall concurrently insert this information on the
buyer profile where the procurement procedure documents are
available, indicating also the question asked.
(10) If the public service provider has made amendments to the
procurement procedure documents, it shall insert information on
amendments to the buyer profile, where these documents are
available, not later than within one day after the notice on
changes or additional information notice has been submitted for
the publication to the Procurement Monitoring Bureau.
[21 February 2019]
Section 43. Exchange of
Information
(1) An exchange of information between the public service
provider and economic operators shall take place by post, fax, or
in electronic form (in accordance with the conditions of
Paragraphs three, four, six, and eight of this Section),
depending on the choice of the public service provider.
(2) Verbal communication may be used in order to exchange
information which does not refer to the procurement procedure
documents, applications for participation, certifications of
interest, and tenders. The content of verbal communication shall
be documented in written form or as audio recordings if it may
have an impact on the content and assessment of the tender.
(3) The public service provider shall choose such means for
the exchange of information which are generally accessible, in
order not to hinder access for the economic operator to the
procurement procedure. The public service provider shall choose
such method of sending the documents referred to in this Law
which ensures as quick receipt of information by the addressee as
possible. If electronic means are used for the exchange of
information, such means shall be chosen which are publicly
accessible and compatible with generally used information and
communication technologies, thereby avoiding the possibility of
discriminating economic operators on these grounds.
(4) The exchange and storage of information shall be carried
out so as to protect all the data contained in tenders and
applications and that the public service provider might examine
the content of tenders and applications only after expiry of the
time limit for the submission of tenders and applications.
(5) The public service provider shall not provide any
information on the existence of other tenders or applications
during the period from the day of submission of tenders or
applications until the time of opening thereof. During the period
of evaluation of tenders and applications until notification of
results, the public service provider shall not provide
information on the evaluation process.
(6) Section 44 of this Law shall be applied in relation to the
electronic equipment which is used for the receipt and sending of
tenders and applications.
(7) The public service provider may, if necessary, request
that special equipment and technologies which are not generally
accessible are used for the submission of tenders, provided that
it offers the following alternative means of access:
1) use unrestricted and full direct access free of charge by
electronic means to special equipment and technologies, starting
from the day of publication of the contract notice. The website
address where the relevant equipment and technologies are
accessible shall be indicated in the contract notice;
2) it ensures that tenderers having no access to the relevant
equipment and technologies or no possibility to acquire them
within the relevant time limits (taking into account that the
lack of access is not attributable to the tenderer concerned)
might access the procurement by exercising a temporary right of
access which is available online free of charge;
3) it supports an alternative data channel for electronic
submission of tenders.
(8) When submitting a tender or application in electronic
form, a candidate or economic operator is entitled to sign all
documents as one set with one secure electronic signature. If a
tender or application may be submitted in electronic form, the
public service provider is not entitled to request that the
candidate or economic operator also submit a written tender or
application in addition to the electronic tender or
application.
Section 44. Requirements for the
Electronic Receipt of Applications and Tenders
(1) A public service provider shall provide for the electronic
submission of applications and tenders in procurements, except
for the cases stipulated by the Cabinet, when the public service
provider does not have an obligation to use electronic
information systems for the receipt of applications and tenders,
or the constituent parts thereof. For the receipt of applications
and tenders the public service provider shall choose the
electronic information systems which may be used free of charge
and which are intended for the electronic receipt of tenders and
applications.
(2) If tenders and applications, and also plans and projects
are received in the procurement procedures by using electronic
information systems, the following rules shall be conformed
to:
1) all interested economic operators have access to the
information on specifications for the electronic submission,
encryption, and time-stamping of applications and tenders;
2) a system-integrated signature tool is used, ensuring the
validation of the identity of the signatory of the electronic
document, or an electronic signature which conforms to the laws
and regulations regarding the status of electronic documents and
electronic signature;
3) the date and time when tenders and applications, and also
plans and projects are submitted may be defined with
precision;
4) the public service provider ensures that nobody is able to
access the information submitted prior to the end of the
specified deadline;
5) only authorised persons may set or change the time for
opening the received documents;
6) during the different stages of the procurement procedure
access to the submitted documents, or to a part thereof, is
possible only after activities performed simultaneously by
authorised persons;
7) the submitted documents may be accessed only on a specific
date after activities performed simultaneously by authorised
persons;
8) the submitted and opened documents remain accessible only
to those authorised persons to whom such access has been
granted;
9) it is possible to discover that the prohibition referred to
in Clause 4, 5, 6, 7, or 8 of this Paragraph has been
violated.
(3) The Cabinet shall determine the requirements and standards
for the systems which are used for the submission of tenders and
applications.
(4) If such malfunctions of the system are established due to
which it has not been possible to submit tenders or applications
in total for at least two hours within the last 24 hours or for
10 minutes within the last four hours until the end of the time
limit for the submission of tenders or application, the system
holder shall, after restoring the operation of the system,
postpone the time limit for the submission of tenders or
applications by one working day. On the day of restoring the
system operation, a notice on the malfunctions of the system
shall be posted therein, indicating the procurements and
procurement procedures the time limits of which have been
postponed. Such postponing of the time limit shall not be
considered amendments to the procurement or procurement procedure
documents or an extension of the time limit for the submission of
tenders or applications within the meaning of Section 41,
Paragraph three of this Law.
(5) The provisions of this Section shall also be applicable to
the design contest if electronic submission of designs and slogan
transcripts is provided for therein.
[24 March 2022]
Section 45. Documentation of the
Procurement Procedure
(1) A public service provider shall ensure documentation of
each stage of the procurement procedure, and also shall document
the procurement procedure which takes place by using electronic
means.
(2) A procurement procedure notice (hereinafter - the notice)
is a report reflecting the progress of the procurement procedure.
The notice on each procurement procedure, in conformity with the
procedures and content stipulated by the Cabinet, shall be
prepared and published on the buyer profile after the decision on
the results of the procurement procedure is taken.
(3) The minutes which reflect the progress of individual
stages of the procurement procedure, the notice, the notification
on the consultation referred to in Section 22, Paragraph
2.1 of this Law, and the procurement procedure
documents (except for the tenders and applications) shall be
generally accessible information.
(4) The public service provider shall ensure the issuance of
the documents referred to in Paragraph three of this Section
within three working days after the day of receipt of the
relevant request. The public service provider shall not issue the
minutes (except for the minutes of the tender opening meeting)
while the applications or tenders are being assessed.
[21 February 2019; 24 March 2022]
Section 46. Storage of the
Procurement Procedure Documentation
A public service provider shall store all the original copies
of the procurement procedure documentation, and also the original
copies of tenders and applications, for at least three years
after taking of the decision in relation to a procurement
procedure.
Chapter
VIII
Selection of Candidates and Tenderers and Selection of the
Tender
Section 47. General Conditions for
the Selection of Candidates and Tenderers, Conformity Check and
Selection of Tenders
(1) A public service provider shall select candidates and
tenderers in accordance with the qualification requirements laid
down in Sections 50, 51, 52, 53, and 54 of this Law, check the
conformity of tenders with the requirements laid down in the
procurement procedure documents, and choose a tender or tenders
according to the specified tender evaluation criteria.
(2) The amount of requirements, and also the requested minimum
level of capability necessary for the implementation of the
particular procurement contract shall be determined commensurate
to the subject matter of the procurement contract. Such minimum
conformity requirements shall be included in the invitation to
participate, and also in the procurement procedure
documentation.
(3) If a restricted procedure, a competitive dialogue, an
innovation partnership, or a negotiated procedure is applied,
when publishing the invitation to participate, the public service
provider is entitled to anticipate in advance how many candidates
it will invite to submit a tender or participate in negotiations
if a sufficient number of appropriate candidates is available.
The public service provider shall indicate objective and
non-discriminatory criteria or regulations which it has decided
to apply, and also the minimum and, if necessary, maximum number
of candidates it has anticipated to invite, in the invitation to
participate, and also in the procurement procedure
documentation.
(4) If Paragraph three of this Section is applied, a
sufficiently high number of candidates shall be selected in order
to ensure competition.
(5) If Paragraphs three and four of this Section are applied,
the public service provider shall invite a specific number of
candidates which shall not be less than that anticipated in the
invitation to participate. If the number of such candidates which
conform to the qualification requirements is less than that
anticipated, the public service provider is entitled to reduce
the number of candidates specified in the invitation, ensuring
appropriate competition.
(6) Statements and other documents issued by the competent
authorities of Latvia in the cases referred to in this Law shall
be accepted and recognised by the public service provider if they
have been issued not earlier than one month prior to the day of
submission, but the statements and other documents issued by the
foreign competent authorities shall be accepted and recognised by
the public service provider if they have been issued not earlier
than six months prior to the day of submission, unless the issuer
of the statement or document has indicated a shorter term of
validity thereof.
(7) The public service provider is entitled to check the
necessary information in the competent authority, publicly
accessible databases, or other publicly accessible sources. If
the public service provider has acquired information in such
manner, but it does not conform to the actual situation, the
relevant candidate or tenderer is entitled to submit a statement
or another document on the particular fact.
(8) If the public service provider has a reason to doubt the
authenticity of the document copy submitted, it shall request
that the candidate or tenderer presents the original copy of the
document or submits an attested copy of the document.
(9) If the public service provider establishes that the
information or a document included in the application or tender
or submitted by the candidate or tenderer is unclear or
incomplete, it shall request that the candidate or tenderer, or
the competent authority clarify or supplement the relevant
information or document or submits the missing document, ensuring
equal treatment of all candidates and tenderers. The public
service provider shall determine the time limit for the
submission of the necessary information or document commensurate
with the time necessary for the preparation and submission of
such information or document.
(10) If the public service provider, in accordance with
Paragraph nine of this Section, has requested to clarify or
supplement the information included in the application or tender
or submitted by the candidate or tenderer, but the candidate or
tenderer has failed to do it according to the requirements
stipulated by the public service provider, the public service
provider shall evaluate the application or tender based on
information at its disposal.
(11) During evaluation of tenders, the public service provider
is entitled to request that the information contained in the
technical and financial tender be explained, and also the samples
of offered products are submitted if any are necessary for the
product conformity assessment and the tenderer is not able to
prove the conformity of the products to the public service
provider through the documents available thereto. The public
service provider shall not request to submit the samples of such
products which are to be adjusted or produced during the
implementation of the procurement contract according to the
requirements thereof if such samples are not available to the
economic operator before conclusion of the procurement contract,
and also the product samples the submission whereof causes
incommensurate expenditures to the economic operator.
(12) During evaluation of tenders the public service provider
shall verify whether there are arithmetical errors in the tender.
If such mistakes are established, the public service provider
shall correct them. The public service provider shall inform the
tenderer whose errors have been corrected of the correction of
errors and the corrected sum of the tender. Upon evaluating a
financial tender, the public service provider shall take into
account corrections.
(13) During evaluation of tenders, the public service provider
is entitled to request that the candidate or tenderer submits a
certification on independent development of the tender.
(14) The public service provider shall take the decision to
discontinue the procurement procedure if only one candidate or
tenderer has submitted an application or tender in an open
procedure, restricted procedure, or competitive dialogue by
publishing an invitation to participate, except for the cases
when:
1) prior to announcement of the procurement procedure, the
public service provider has organised a consultation
corresponding to the requirements of Section 22, Paragraph
2.1 of this Law with economic operators;
2) discontinuation of the procurement procedure endangers the
interests of public safety or health protection. In such case the
public service provider shall include a justification in the
procurement procedure notice as to what interests of public
safety and health protection would be endangered by organising a
repeated procurement.
[24 March 2022]
Section 48. Provisions for the
Exclusion of Candidates and Tenderers
(1) A public service provider shall exclude a candidate or
tenderer from further participation in a procurement procedure in
accordance with the provisions of this Section.
(2) The reasons for the exclusion of candidates and tenderers
shall be as follows:
1) a candidate, a tenderer, or a person who is a member of the
executive board or supervisory board, a person with
representation rights, a proctor of the candidate or tenderer, or
a person who is authorised to represent the candidate or tenderer
in activities related to a branch, has been found guilty of any
of the following criminal offences by such prosecutor's penal
order or a court judgment that has entered into effect and has
become incontestable and unappealable, or a coercive measure has
been applied thereto:
a) establishment or leading of a criminal organisation,
involvement in such organisation or in an organised group
included within such organisation, or in another criminal
formation, or participation in criminal offences committed by
such organisation;
b) accepting bribes, giving of bribes, misappropriation of a
bribe, intermediation in bribery, unlawful participation in
property transactions, unauthorised receipt of benefits,
commercial bribery, unlawful requesting, receiving, or giving of
benefit, trading with influence;
c) fraud, misappropriation, or money laundering;
d) terrorism, financing of terrorism, establishment or
organisation of a terrorist group, travelling for terrorism
purposes, justification of terrorism, invitation to terrorism,
terrorism threats, or recruitment or training of a person for
committing acts of terrorism;
e) human trafficking;
f) evasion of tax payments or payments equivalent thereto;
2) on the last day of the time limit for the submission of
applications for a candidate and tenders for a tenderer or on the
day when the decision is taken to possibly award the procurement
contract, the candidate or tenderer has non-fulfilled obligations
in the field of taxes in Latvia in accordance with the law On
Taxes and Fees or in the country of registration or permanent
place of residence thereof in accordance with the legal acts of
the relevant foreign country (including State social
insurance);
3) the candidate or tenderer is a legal person or association
of persons registered in an offshore or also an owner or holder
of more than 25 per cent of capital shares (stocks) of the
candidate or tenderer registered in Latvia is a legal person or
association of persons registered in an offshore;
4) insolvency proceedings have been declared for the candidate
or tenderer, the economic activity of the candidate or tenderer
has been suspended, the candidate or tenderer is being
liquidated;
5) the candidate or tenderer, by such decision of the
competent authority or a court judgment which has entered into
effect and has become incontestable and unappealable, has been
found guilty of or shall be liable with a fine for violating the
competition law manifested as a horizontal cartel agreement,
except for the case when the relevant authority, upon determining
violation of the competition law, has released the candidate or
tenderer from a fine or reduced the fine for cooperation within
the scope of the leniency programme;
6) a candidate or a tenderer, by such a decision of a
competent authority, a court judgment or prosecutor's penal order
which has entered into effect and has become incontestable and
unappealable, has been found guilty of and punished for an
infringement which manifests as:
a) employment of one or several persons if they do not have
the necessary work permit or they are not entitled to reside in a
European Union Member State,
b) employment of a person without concluding a written
employment contract, failing to submit, within the time period
specified in the laws and regulations regarding taxes, in
relation to such person an informative declaration which should
be submitted on persons who commence employment;
7) the public service provider has convincing indications at
its disposal in order to conclude that a candidate or tenderer
has entered into an agreement with other economic operators which
is directed towards hindering, restricting, or distorting
competition;
8) the public service provider has indicated it in the
contract notice or the procurement procedure documents and is
able to prove, using any corresponding means, that a candidate or
tenderer has violated the legal acts of Latvia or the European
Union in the field of environmental, social, or labour law, a
collective agreement, a general agreement, or the requirements
laid down in the international conventions referred to in Annex 3
to this Law;
9) the public service provider has indicated it in the
contract notice or in the procurement procedure documents and is
able to prove by using any appropriate means that the candidate
or tenderer has committed such significant violations in its
professional activity due to which its integrity to perform the
procurement contract or general agreement appropriately is
subject to justified doubts;
10) a candidate or tenderer, its participant or member (if the
candidate or tenderer is an association of economic operators or
a partnership) as the contracting party or a participant or
member of the contract party (if the contracting party has been
an association of economic operators or a partnership) has not
executed a procurement contract, framework agreement, partnership
procurement contract, or concession contract entered into with
the commissioning party, the public service provider, the public
partner, or a representative of the public partner and therefore
the commissioning party, the public service provider, the public
partner, or a representative of the public partner has
unilaterally withdrawn from the procurement contract, framework
agreement, partnership procurement contract, or concession
contract;
11) the person preparing the procurement procedure documents
(an official or employee of the public service provider), a
member of the procurement commission, an expert, or the secretary
of the procurement commission is connected to the candidate or
tenderer within the meaning of Section 30, Paragraph one or two
of this Law, or is interested in the selection of one candidate
or tenderer, and the public service provider has no possibility
to prevent this situation by less restrictive measures with
respect to the candidate or tenderer;
12) a candidate or tenderer has advantages restricting the
competition within the procurement procedure, if it or a legal
person connected thereto has involved in preparation of the
procurement procedure in accordance with Section 22, Paragraph
four of this Law and such advantages cannot be prevented by less
restrictive measures; moreover, the candidate or tenderer cannot
prove that the participation thereof or of the legal person
connected thereto in preparation of the procurement procedure
does not restrict the competition;
13) a candidate or tenderer has attempted to unlawfully
influence the decision of the public service provider or the
procurement commission, or a member of the procurement commission
in relation to the procurement procedure or has attempted to
obtain such confidential information which would provide it with
unjustified advantage in the procurement procedure, or has
provided misleading information which might significantly affect
the decision on the further participation of the candidate or
tenderer in the procurement procedure or awarding of the
procurement contract;
14) a candidate or tenderer has provided false information to
certify the conformity with the provisions of this Section or
qualification requirements for the candidates and tenderers laid
down in accordance with this Law, or has failed to submit the
requested information.
(3) The reasons for exclusion referred to in Paragraph two of
this Section shall also apply to any of the following
persons:
1) to a member of a partnership if the candidate or tenderer
is a partnership;
2) to a person indicated by the candidate or tenderer on whose
capacities the candidate or tenderer relies upon to certify that
the qualification thereof conforms to the requirements specified
in the contract notice or the procurement procedure
documents;
3) to the subcontractor indicated by the tenderer the value of
the construction work to be performed or the services to be
provided is at least EUR 10 000;
4) Paragraph two, Clauses 1, 2, and 3 of this Section - to the
persons who hold the decisive influence in the candidate or
applicant on the basis of participation within the meaning of the
laws and regulations regarding groups of companies;
5) Paragraph two, Clauses 1, 2, and 11 of this Section - to
the beneficial owner of the candidate or tenderer.
(4) However, the public service provider shall not exclude a
candidate or tenderer from further participation in a procurement
procedure in any of the following cases:
1) the candidate or applicant has ensured reliability in
accordance with the procedures laid down in Section 49 of this
Law;
2) in the case referred to in Paragraph two, Clauses 1, 5, and
6 of this Section, three years have passed from the day when the
court judgment, prosecutor's penal order, or decision taken by
another competent authority has become incontestable and
unappealable until the day of submitting the application or
tender;
3) in the case referred to in Paragraph two, Clause 7 of this
Section in relation to the decision of the competent authority in
the field of competition, three years have passed from the day of
entering into effect of the decision and in the case referred to
in Clauses 8 and 9 from the day when the relevant violation has
been detected until the day of submitting the application or
tender;
4) in the case referred to in Paragraph two, Clause 10 of this
Section, three years have passed from the day when the
commissioning party, public service provider, public partner, or
a representative of the public partner has unilaterally withdrawn
from the procurement contract, framework agreement, partnership
procurement contract, or concession contract until the day of
submitting the application or tender;
5) when applying a negotiated procedure, without publishing an
invitation to participate, in accordance with Section 13,
Paragraph seven, Clause 4 of this Law - if entering into the
procurement contract is essential for ensuring the public
interests (for example, for ensuring safety, health, or
environmental protection);
6) when applying a negotiated procedure, without publishing an
invitation to participate, in accordance with Section 13,
Paragraph seven, Clause 8 of this Law.
(5) The public service provider shall exclude a candidate or
tenderer from further participation in the procurement procedure
due to the reasons referred to in Paragraph two, Clause 1, 2, 3,
4, 5, or 6 of this Section on the basis of the information
obtained thereby in accordance with the following procedures:
1) in relation to a person registered or permanently residing
in Latvia, and also the reasons for exclusion referred to in
Paragraph two, Clauses 1, 2, 5, and 6 of this Section in relation
to a person registered or permanently residing in a foreign
country, shall use the information system stipulated by the
Cabinet in conformity with the following procedures and without
requesting a consent of the relevant persons:
a) the public service provider shall obtain information on the
reason for exclusion referred to in Paragraph two, Clauses 1, 5,
and 6 of this Section, and also the economic operator shall
obtain information on itself from the Information Centre of the
Ministry of the Interior (from the Punishment Register);
b) the public service provider shall obtain the information
from the Enterprise Register on the person referred to in
Paragraph two, Clause 1 of this Section (a member of the
executive board or supervisory board, a person with
representation rights, a proctor, or a person who is authorised
to represent the candidate or tenderer in activities related to a
branch) and on the person referred to in Paragraph three, Clause
5 of this Section;
c) the public service provider shall obtain the information on
the reason for exclusion referred to in Paragraph two, Clause 2
of this Section, and also the economic operator shall obtain
information on itself from the State Revenue Service and the
local governments of Latvia. The public service provider shall
take into account the information posted in the information
system stipulated by the Cabinet on the date of the last data
update of the public tax debtors' database and Administration
System of Immovable Property Tax of the State Revenue Service. If
the public service provider establishes that, according to the
information posted in the information system stipulated by the
Cabinet on the date of the last data update of the public tax
debtors' database or Administration System of Immovable Property
Tax of the State Revenue Service, a candidate, a tenderer, or the
person referred to in Paragraph three of this Section has
unfulfilled liabilities in the field of taxes on the last day of
the time limit for the submission of applications or tenders or
on the day when the decision on potential awarding of the
procurement contract is taken, the public service provider shall
determine a time limit - three working days after the day of
sending the request for information - for the submission of
evidence referred to in Paragraph six of this Section that the
candidate, the tenderer, or the person referred to in Paragraph
three of this Section did not have unfulfilled liabilities in the
field of taxes on the relevant day;
d) the public service provider shall obtain information on the
reason for exclusion referred to in Paragraph two, Clauses 3 and
4 of this Section, and also the economic operator shall obtain
information on itself from the Enterprise Register. If data in
relation to the reason for exclusion referred to in Paragraph
two, Clause 3 of this Section are not available in the
information system stipulated by the Cabinet, the public service
provider shall request a certification that such reason for
exclusion does not apply to the candidate, tenderer, or the
person referred to in Paragraph three of this Section by
determining a time period for submitting the certification - at
least 10 days after the day of sending a request for
information;
e) the public service provider shall obtain information from
the candidate or tenderer on a person registered or permanently
residing in a foreign country, and also the persons referred to
in Paragraph three, Clause 4 of this Section;
2) in order to certify that the reasons for exclusion referred
to in Paragraph two of this Section do not apply to a person
registered or permanently residing in a foreign country,
including a member of the executive board or supervisory board of
a candidate, tenderer registered in Latvia or the person referred
to in Paragraph three of this Section, a person with
representation rights, a proctor, or a person who is authorised
to represent the candidate or tenderer in activities related to a
branch and who is permanently residing in a foreign country, the
candidate or tendered shall submit the following upon the request
of the public service provider within the time limit stipulated
thereby which is not less than 10 working days after the day of
sending a request for information:
a) in relation to the reasons for exclusion referred to in
Paragraph two, Clauses 1, 2, 4, 5, and 6 of this Section - a
statement from the competent authority of the relevant foreign
country or another document certifying non-existence of the
reason for exclusion. The relevant statement of the competent
authority of a foreign country may be replaced with an
explanation if, in accordance with the legal acts of the country
of registration of the candidate, tenderer, or the person
referred to in Paragraph three of this Section, a person to whom
the reasons for exclusion referred to in Paragraph two, Clause 1
of this Section are applicable may not be a member of the
executive board or supervisory board, a person with
representation rights, a proctor, or a person who is authorised
to represent the candidate or tenderer in activities related to a
branch;
b) in relation to the reason for exclusion referred to in
Paragraph two, Clause 3 of this Section - a certification that
the reason for exclusion does not apply to the candidate,
tenderer, or the person referred to in Paragraph three of this
Section. A document certifying the country of registration of
each person shall be appended to the certification;
c) if a statement of the competent authority referred to in
Sub-clause "a" of this Clause or other documents are not being
issued in the relevant foreign country or they are not sufficient
for certifying that the reasons for exclusion referred to in
Paragraph two of this Section do not apply to the candidate,
tenderer, or the person referred to in Paragraph three of this
Section, such statement or other documents may be replaced with
an oath or, if the legal acts of the relevant country do not
provide for giving an oath, for the reason for exclusion referred
to in Paragraph two, Clause 1, 2, or 4 of this Section - with a
certification of the candidate, tenderer, or another person
referred to in Paragraph two or three of this Section itself to
the competent executive authority or judicial authority, a sworn
notary, or a competent organisation of the relevant sector in the
country of registration or permanent place of residence, but for
the reason for exclusion referred to in Paragraph two, Clause 5
or 6 of this Section - with a certification of the candidate,
tenderer, or the person referred to in Paragraph three of this
Section itself to the public service provider.
(6) The evidence referred to in Paragraph five, Clause 1,
Sub-clause "a" of this Section by which it is possible to certify
that the candidate, tenderer, or the person referred to in
Paragraph three of this Section did not have unfulfilled
liabilities in the field of taxes on the relevant day shall be as
follows:
1) a statement from the Electronic Declaration System of the
State Revenue Service;
2) a statement issued by a local government that the relevant
person did not have debts of the immovable property tax;
3) other objective evidence regarding non-existence of tax
debts or fulfilment of tax liabilities.
(7) The public service provider may exclude a candidate or
tenderer from participation in a procurement procedure due to the
reason for exclusion referred to in Paragraph two, Clause 7 of
this Section in any of the following cases:
1) there is information on such decision of the competent
authority in the field of competition by which the candidate or
tenderer has been found guilty of infringement of competition law
manifested as a horizontal cartel agreement, except for when the
relevant authority, in determining infringement of the
competition law, has released the candidate or tenderer from a
fine or reduced the fine for cooperation within the scope of the
leniency programme;
2) in assessing the application, tender, or other available
information, such indications have been established which may
attest to existence of such agreement which is directed towards
hindering, restricting, or distorting competition in the
particular procurement procedure and an opinion of the
Competition Council has been received that the indications
established by the public service provider may attest to
existence of a relevant agreement. The Competition Council shall
provide an opinion within 10 working days from the day of receipt
of a request of the relevant public service provider.
(8) The public service provider may exclude a candidate or
tenderer due to the reason for exclusion referred to in Paragraph
two, Clauses 8, 9, and 10 of this Section if it has such
sufficient and impartial information at its disposal by which it
is possible to prove that the relevant reason for exclusion
exists. A candidate or tenderer registered in Latvia may be
excluded due to the reasons referred to in Paragraph two, Clauses
8 and 9 of this Section if the public service provider has a
decision of the competent authority at its disposal by which the
relevant infringement has been established. If, in assessing the
information at its disposal, the public service provider has
justified doubts regarding sufficiency of evidence or the
infringements admitted by the particular person are
insignificant, the public service provider shall not exclude the
candidate or tenderer from further participation in the
procurement procedure.
(9) The public service provider shall exclude a candidate or
tenderer from further participation in the procurement procedure
if the public service provider establishes the reasons for
exclusion referred to in Paragraph two, Clause 11, 12, 13, or 14
of this Section.
(10) The public service provider shall perform the
verification of the reasons for exclusion of candidates and
tenderers specified in Paragraph two of this Section:
1) in an open procedure - in relation to each tenderer for
whom the contract should be awarded according to other
requirements laid down in the contract notice and the procurement
procedure documents and the selected tender evaluation
criteria;
2) in a restricted procedure, a competitive dialogue, an
innovation partnership procedure, and a negotiated procedure by
publishing an invitation to participate - in relation to each
candidate which meets other requirements laid down in the
contract notice and the rules for the selection of candidates and
should be invited to submit a tender. If it is provided for in
the procurement procedure documents, the verification may be
performed in relation to a tenderer which, according to other
requirements laid down in the contract notice and the procurement
procedure documents and the selected tender evaluation criteria,
should be awarded the procurement contract; in turn, if the
public service provider applies reduction of the number of
candidates, it shall perform the abovementioned verification
prior to reduction of the number of candidates. The public
service provider shall perform the verification of the reason for
exclusion referred to in Paragraph two, Clause 2 of this Section
in relation to each tenderer for which the procurement contract
should be awarded according to other requirements laid down in
the contract notice and the procurement procedure documents and
the selected tender evaluation criteria;
3) in the procurement referred to in Section 13, Paragraph
five of this Law (if the procurement procedure documents provide
for the application of the reasons for exclusion referred to in
Paragraph two of this Section) and in a negotiated procedure
without publishing an invitation to participate - in respect of
each tenderer for which the procurement contract should be
awarded;
4) in a negotiated procedure without publishing an invitation
to participate in the cases referred to in Section 13, Paragraph
seven, Clause 1 of this Law - if there is an invitation to
participate in negotiations for all such tenderers only which
have not been excluded in the previously announced relevant
procurement procedure in accordance with the provisions of this
Section and conform to the qualification requirements brought
forward. If a negotiated procedure without publishing an
invitation to participate is applied after termination of an open
procedure, the verification shall be performed in relation to
each tenderer which has submitted a tender in an open procedure
and has been invited to a negotiated procedure without publishing
an invitation to participate. This verification shall be
performed before commencement of negotiations.
(11) The Cabinet shall determine:
1) the information system where the verification referred to
in Paragraph five, Clause 1 of this Section is to be performed,
and also the procedures for maintaining and using such
system;
2) the purpose and scope of processing the information to be
verified and referred to in Paragraph five, Clause 1, Sub-clause
"a" of this Section, and also the laws and regulations and
sections thereof which conform to the reasons for exclusion of
candidates and tenderers specified in Paragraph two of this
Section and for the infringements and criminal offences provided
wherein the verification referred to in Paragraph five, Clause 1,
Sub-clause "a" of this Section is to be conducted;
3) the procedures by which the information system referred to
in Clause 1 of this Paragraph receives and processes information
from the information systems maintained by the institutions
referred to in Paragraph five of this Section;
4) the amount of information to be verified and referred to in
Paragraph five, Clause 1 of this Section in the information
system referred to in Clause 1 of this Paragraph on the persons
registered or permanently residing in a foreign country.
[5 May 2022]
Section 49. Ensuring of
Reliability
(1) If a public service provider establishes that a candidate
or tenderer should be excluded from further participation in the
procurement procedure on the basis of the reasons for exclusion
referred to in Section 48, Paragraph two, Clauses 1, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, and 14 of this Law, including in relation
to the person referred to in Section 48, Paragraph three, Clauses
1, 4, and 5 of this Law, and the exceptions specified in Section
48, Paragraph four, Clauses 2, 3, 4, 5, and 6 of this Law are not
applicable, the public service provider shall give the candidate
or tenderer the right to submit, within a time limit which is at
least 10 days after the day of sending a request for information,
an explanation and evidence certifying the reliability of the
candidate or tenderer in accordance with the provisions of this
Section.
(2) In order to certify the reliability, a candidate or
tenderer shall submit an explanation and evidence regarding
reimbursement of the harm caused or an agreement entered into
regarding reimbursement of the harm caused, cooperation with
investigating institutions and the technical, organisational, or
staff management measures taken in order to prove its reliability
and to preclude repeating of the same and similar cases in the
future.
(3) The public service provider shall assess the information
provided in the explanation of the candidate, tenderer, or member
of the partnership (if the candidate or tenderer is a
partnership), the measures taken and the evidence thereof by
taking into account the severity of the infringement and the
particular circumstances. The public service provider may request
opinions from the competent authorities in the field of the
relevant infringement on the fact whether the measures taken by
the candidate or tenderer are sufficient to restore reliability
and to preclude the same and similar cases in the future. The
opinion shall not be requested if the public service provider has
access to or also if the candidate or tenderer has submitted the
opinion of the competent authority in the field of the relevant
infringement that the measures taken by the particular candidate
or tenderer are sufficient to restore reliability and to preclude
the same and similar cases in the future.
(4) If the public service provider considers that the
information provided in the explanation and the measures taken
are sufficient to restore reliability and to preclude the same
and similar cases in the future, it shall take the decision that
the relevant candidate or tenderer has ensured reliability and
should not be excluded from further participation in the
procurement procedure in accordance with Section 48, Paragraph
four, Clause 1 of this Law.
(5) If the candidate or tenderer should be excluded from
further participation in the procurement procedure because the
reasons for exclusion referred to in Section 48, Paragraph two of
this Law apply to the person referred to in Section 48, Paragraph
three, Clauses 2 and 3 of this Law, reliability shall be ensured
upon the candidate or tenderer changing the person referred to in
Section 48, Paragraph three, Clauses 2 and 3 of this Law for such
a person which conforms to the requirements laid down in the
contract notice or the procurement procedure documents and to
which the reasons for exclusion specified in Section 48,
Paragraph two of this Law are not applicable.
(6) If the candidate or tenderer does not submit the documents
referred to in Paragraph two of this Section within the time
limit specified in Paragraph one of this Section or the public
service provider is not of the opinion that the explanation and
evidence submitted are sufficient to restore reliability and to
preclude the same and similar cases in the future, or also the
candidate or tenderer does not perform replacement of the persons
referred to in Section 48, Paragraph three, Clauses 2 and 3 of
this Law in accordance with Paragraph five of this Section, the
public service provider shall take the decision to exclude the
candidate or tenderer from further participation in the
procurement procedure.
(7) The possibility provided for in this Section for restoring
reliability in accordance with that specified in Paragraphs two
and three of this Section shall not be applicable to a person
regarding which a final and unappealable judgment has entered
into effect in its country of registration or permanent place of
residence by which the person is excluded from further
participation in procurement or concession procedures, and the
time limit specified in the judgment by which the person should
be excluded from further participation in procurement or
concession procedures has not elapsed.
[5 May 2022]
Section 50. Conformity for the
Performance of Professional Activities
(1) A public service provider is entitled to request evidence
that the relevant economic operator is registered, licensed, or
certified in accordance with the requirements of the legal acts
of the country of registration or permanent place of
residence.
(2) In case of a service contract, insofar as the economic
operators must be authorised or must be members of a specific
organisation so that they might provide the particular service in
their country of registration or permanent place of residence,
the public service provider is entitled to request evidence
regarding such authorisation or membership.
(3) [30 April 2020]
(4) The public service provider shall not determine the
requirements in relation to the minimum time since the
registration, licensing, or authorisation of an economic
operator, or his or her becoming of a member of any special
organisation.
[30 April 2020]
Section 51. Economic and Financial
Standing
(1) A public service provider may determine requirements in
relation to the economic and financial abilities of the economic
operator which are necessary for the performance of the
procurement contract. Such requirements may refer to the
following:
1) the minimum annual financial turnover of the economic
operator, including in the area covered by the particular
procurement contract;
2) the financial indicators of the economic operator;
3) the professional risk insurance.
(2) The minimum annual financial turnover may be determined
not exceeding two times the estimated contract price value,
except for the case where the performance of the contract is
related to special risks attached to the nature of the relevant
construction work, services, or supplies. The public service
provider shall indicate a justification for the application of
the exception in the procurement procedure documents.
(3) If the subject matter of the procurement contract is
divided into parts, the public service provider may determine the
minimum annual financial turnover of an economic operator by
reference to groups of parts, if the procurement contract is
awarded as several parts to be executed at the same time.
(4) If, within the scope of a framework agreement, a
re-evaluation of tenders is provided for, the minimum annual
financial turnover of an economic operator shall be determined on
the basis of the estimated maximum contract price of procurement
contracts the performance of which is intended at the same time,
or, if the estimated maximum contract price of the procurement
contracts is not known, on the basis of the estimated contract
price of the framework agreement.
(5) In case of a dynamic purchasing system, the minimum annual
turnover of the economic operator shall be determined on the
basis of the estimated maximum contract price of procurement
contracts to be awarded within that system.
(6) An economic operator may attest the conformity of the
economic and financial standing thereof with the requirements
brought forward mainly by submitting the following documents:
1) a certifications of a credit institution or, if necessary,
evidence of the relevant professional risk insurance company;
2) a financial statement or an extract from the financial
statement, if the financial statement is publicly available in
accordance with the laws and regulations of the country of
registration of the economic operator;
3) a certification of its overall net turnover or, if
necessary, of turnover in the area covered by the particular
procurement contract, but not more than regarding three previous
reporting years, insofar as the information on such turnover is
available, taking into account the date on which the economic
operator was established or commenced its activities.
(7) Upon laying down the requirements regarding the financial
indicators of an economic operator, the public service provider
shall clearly indicate, in the procurement procedure documents,
objective and non-discriminatory methods and criteria which will
be used for determination of financial indicators.
(8) The economic operator may rely on the economic and
financial possibilities of other persons if it is necessary for
the performance of the particular procurement contract,
regardless of the legal nature of the mutual relationships. In
such case the economic operator shall prove to the public service
provider that it will have the necessary resources at its
disposal by submitting, for example, a certification of these
persons or an agreement on the cooperation for the performance of
the particular procurement contract. The public service provider
may request that the economic operator and the person on whose
economic and financial capacities it relies are solidarily
responsible for the implementation of the procurement
contract.
(9) In the contract notice or in the invitation to tender, and
also in the procurement procedure documents the public service
provider shall determine the documents which the economic
operator or candidate submits to certify its conformity with the
requirements stipulated by the public service provider. If due to
substantiated reasons the economic operator or candidate is
unable to submit the documents requested by the public service
provider, it is entitled to certify its economic or financial
standing with any other documents which are considered
appropriate by the public service provider.
[21 February 2019; 30 April 2020]
Section 52. Technical and
Professional Abilities
(1) A public service provider may determine requirements in
relation to the technical and professional abilities of the
economic operator which are necessary for the performance of the
procurement contract. Such requirements may refer to the staff
involved in the performance of the procurement contract,
experience and technical resources of the economic operator.
(2) In procurement procedures for supplies requiring siting or
installation work, services or construction work, the
professional abilities of the economic operator to provide the
service, to ensure the installation or to perform the
construction work may be evaluated, taking into account their
skills, efficiency, experience, and reliability.
(3) The technical and professional abilities of the economic
operator according to the nature, quantity, level of
significance, and application of construction work, supply, or
service may be certified by the following:
1) information on the performed construction work by attaching
statements and references on the performance of the most
important works in the course of not more than five preceding
years, except for the case when the public service provider has
determined a longer period of time for the certification of
experience for the purpose of promoting competition;
2) information on the most significant supplies performed or
services provided during not more than three preceding years by
indicating the amounts, time, and recipients (public entities or
private individuals) and appending references of purchasers or
attestations of economic operators. If it is necessary for the
promotion of competition, the public service provider may specify
a longer period of time for the certification of experience;
3) information on the technical staff or the authorities
responsible for the quality control, but, if construction work is
to be performed, on the technical staff or authorities which will
be involved in the performance of construction work;
4) a description on technical equipment and means which are
used by the economic operator for the ensuring of quality, and
also on training and research equipment of the economic
operator;
5) information on the management and route control systems of
the supply chain which will be used by the economic operator for
the performance of the procurement contract;
6) a check carried out by the public service provider or, on
its behalf, by the competent authority of the country of the
economic operator or the service provider if the products to be
supplied or the services to be provided are of a complex nature
or such products or services are intended for a special purpose.
The abovementioned check shall cover the production capacity of
the economic operator or the technical capacity of the service
provider and, if necessary, the quality control measures it will
take;
7) the documents certifying education or professional
qualification of the managerial staff of the performer of
construction work or the service provider, if education or
professional qualification of the managerial staff is not
assessed as one of the criteria for the selection of the
economically most advantageous tender;
8) a description of the measures planned to be taken by the
economic operator for the ensuring of the environmental
protection requirements during the performance of the procurement
contract;
9) information on the average number of employees of the
performer of construction work and the service provided per year
and the number of the managerial staff during the last three
years;
10) information on the tools, installations, and technical
equipment available to the performer of construction work and the
service provider for the performance of the procurement
contract;
11) an indication of the lot of the procurement contract which
the economic operator intends to assign to a subcontractor;
12) in relation to the products to be supplied:
a) samples, descriptions, or photographs the authenticity of
which must be certified if requested so by the public service
provider;
b) a certificate of the quality control authority (the
competence of which has been recognised) which certifies the
conformity of products with specific technical specifications or
standards.
(4) If it is necessary for the performance of the particular
procurement contract, the economic operator may rely on the
capacities of other entrepreneurs regardless of the legal nature
of the mutual relationships. In such case the economic operator
shall prove to the public service provider that it will have the
necessary resources at its disposal by submitting a certification
of these entrepreneurs or an agreement on the transfer of the
necessary resources into the disposal of the economic operator.
In order to certify the professional experience or the
availability of the staff meeting the requirements of the public
service provider, the economic operator may rely on the
capacities of other persons only if such persons are to perform
the construction work or to provide services for the performance
whereof the relevant capacities are necessary.
(5) If a works contract or a service contract is concluded, or
if a service contract includes also the siting or installation of
the product, the public service provider may request that certain
critical tasks are performed by the tenderer itself or by a
member of the association of persons.
(6) In the contract notice or in the invitation to tender, and
also in the procurement procedure documents the public service
provider shall determine the documents to be submitted by the
economic operator or candidate to certify its conformity with the
requirements of the public service provider.
[21 February 2019; 30 April 2020]
Section 53. Quality Assurance
Standards
(1) If a public service provider requests a certificate of an
independent authority on the conformity of an economic operator
with specific quality assurance standards (including the
provision of access for persons with disability), it shall refer
to the quality assurance systems which have been approved by
authorities accredited in accordance with the procedures laid
down in laws and regulations according to the European standards.
The public service provider shall recognise a certificate issued
by an authority accredited in accordance with the procedures laid
down in legal acts of another European Union Member State. If it
has been impossible for the economic operator to obtain such
certificate by the day of submission of an application or tender
for reasons that are not attributable to that economic operator,
the economic operator shall submit other evidence that equal
quality assurance measures have been taken, and prove that the
quality assurance measures offered conform to the requirements of
the public service provider.
(2) [30 April 2020]
[30 April 2020]
Section 54. Environmental Management
Standards
(1) If a public service provider requests that the
environmental management system of an economic operator or its
conformity with the environmental management standards is
checked, it shall refer to the Eco-Management and Audit Scheme
(EMAS) or other systems which have been recognised in accordance
with Article 49 of Regulation (EC) No 1221/2009 of the European
Parliament and of the Council of 25 November 2009 on the
voluntary participation by organisations in a Community
eco-management and audit scheme (EMAS), repealing Regulation (EC)
No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC,
or to other environmental management standards that conform to
the European or international environmental management system
standards which have been developed by authorities accredited in
accordance with the procedures laid down in laws and regulations.
The public service provider shall recognise a certificate issued
by an authority accredited in accordance with the procedures laid
down in legal acts of another European Union Member State. If it
has been impossible for the economic operator to obtain such
certificate by the day of submission of an application or tender
for reasons that are not attributable to that economic operator,
the economic operator shall submit other evidence of equivalent
measures which should be ensured according to the environmental
management system or standard required by the public service
provider.
(2) [30 April 2020]
[30 April 2020]
Section 55. Qualification
Systems
(1) A public service provider who publishes a notice on the
existence of a qualification system is entitled to develop and
maintain the qualification system of economic operators. The
public service provider which has established and is maintaining
a qualification system shall ensure that the economic operators
are able to request the inclusion thereof in the system at all
times during the maintenance of the system.
(2) A qualification system may involve several qualification
stages. The system shall be applied on the basis of the objective
qualification assessment criteria and conditions stipulated by
the public service provider in relation to the economic and
financial standing, technical and professional abilities of the
economic operator, and also it shall include the provisions
regarding writing in the system, the conditions for periodic
updating of the qualification, and the duration of the system
operation. Upon determining these criteria and conditions, the
public service provider shall take into account Section 47,
Paragraphs two and three, Sections 48, 50, 51, 52, 53, and 54 of
this Law. If the criteria and conditions include technical
specifications, Sections 23, 24, and 25 of this Law shall be
applied.
(3) The public service provider shall issue the qualification
criteria and conditions upon request of the economic operator. If
the public service provider considers that the qualification
system of any other public service provider conforms to its
requirements, such public service provider shall notify the name
of the relevant public service provider to the interested
economic operators.
(4) If necessary, the specified criteria and conditions may be
supplemented or altered. All interested economic operators shall
be notified of amendments to the criteria and conditions.
(5) If the qualification criteria and conditions bring forward
requirements in relation to the economic and financial standing,
technical and professional abilities of the economic operator,
the economic operator is entitled to rely on the possibilities of
other economic operators regardless of the legal nature of the
mutual relationships. In such case the economic operator who has
submitted the application shall prove to the public service
provider that it will have the necessary resources at the
disposal thereof throughout the period of operation of the
qualification system by submitting a certification of the
relevant economic operators or an agreement on cooperation.
(6) The public service provider who is creating a
qualification system shall evaluate the conformity of the
qualification of the applicant within six months after submission
of the application and inform of the decision taken in conformity
with Section 37, Paragraph one of this Law. If a period exceeding
four months is necessary for taking of the decision after
submission of the application, the public service provider shall,
within two months after submission of the application, notify the
applicant of the reasons due to which a longer period of time is
required for taking of the decision, and also of the time period
by which the relevant decision will be taken.
(7) The public service provider shall maintain lists of the
qualified economic operators. Economic operators may be divided
into categories according to that type of the procurement
contract in relation to which the qualification is valid.
(8) The public service provider which maintains the
qualification system shall exclude an economic operator from this
system if the economic operator fails to conform to the
qualification criteria and provisions which have been provided
for upon establishment of the system. Participants of the
qualification system shall be excluded from the system not
earlier than on the day after sending of the information referred
to in Section 37, Paragraph five of this Law to this participant
and the time period referred to in Section 72, Paragraph two,
Clause 1 or 2 and Paragraph six of this Law has passed, if a
complaint regarding violations of the procurement procedure has
not been submitted in accordance with the procedures laid down in
Section 72 of this Law.
(9) If a notice on the existence of a qualification system has
been published as an invitation to participate, in order to
select candidates for conclusion of particular procurement
contracts in respect of which an invitation to participate should
be published, the public service provider shall select economic
operators in accordance with the qualification criteria and
conditions brought forward, and also in accordance with the
candidate evaluation methodology, if Section 47, Paragraph three
of this Law is applied, and they shall be included in the
qualification system.
(10) If a notice on the existence of a qualification system is
published as an invitation to participate, the procurement
contract shall be awarded by using a restricted procedure and a
negotiated procedure in which tenderers and participants shall be
selected from candidates which have been already qualified.
(11) The public service provider is entitled to request a
payment which does not exceed actual expenses for the
qualification requests or for the renewal or retaining of such
qualification which has already been acquired according to the
qualification system.
[21 February 2019]
Section 56. European Single
Procurement Document
(1) A public service provider shall accept the European Single
Procurement Document as the preliminary evidence of the
conformity with the requirements for the selection of candidates
and tenderers laid down in the contract notice or the procurement
procedure documents. An economic operator shall submit a separate
European Single Procurement Document regarding each person on the
capacities of which the candidate or tenderer is relying on in
order to certify that it conforms to the requirements for the
selection of candidates and tenderers laid down in the contract
notice or the procurement procedure documents, and on the
sub-contractor indicated by it the value of construction work to
be performed or the services to be provided by which is at least
EUR 10 000. The association of economic operators shall submit a
separate European Single Procurement Document regarding each
member thereof.
(2) The economic operator may submit to the public service
provider a European Single Procurement Document which has already
been submitted in another procurement procedure, if the economic
operator certifies that the information contained in the document
is correct.
(3) The public service provider is entitled to ask the
candidate and tenderer, at any stage during the procurement
procedure, to submit all or part of the documents certifying the
conformity with the requirements for the selection of candidates
and tenderers laid down in the contract notice or the procurement
procedure documents. The public service provider shall not
request such documents and information which is at its disposal
or is available in public databases.
(4) The procedures for the use of the European Single
Procurement Document in procurement procedures shall be
determined by the Cabinet. Sample forms of the European Single
Procurement Document shall be determined in accordance with the
Commission Implementing Regulation (EU) No 2016/7 of 5 January
2016 establishing the standard form for the European Single
Procurement Document.
[5 May 2022]
Section 57. Tender Evaluation
Criteria
(1) A public service provider shall award the procurement
contract to a tenderer the tender of which has been evaluated as
the most economically advantageous tender.
(2) The most economically advantageous tender shall be
determined by:
1) the price. In such case, the price of goods, services, or
construction work shall be evaluated;
2) the costs. In such case, the efficiency approach shall be
used, for example, by evaluating the costs of the circulation
cycle;
3) the price referred to in Clause 1 or the costs referred to
in Clause 2 of this Paragraph and with quality criteria related
to the subject-matter of the procurement contract. If, in
accordance with legal acts, the price or costs are fixed, the
public service provider shall only assess the quality criteria.
When determining the quality criteria related to the
subject-matter of the procurement contract, for example, the
following shall be taken into account:
a) the quality, including technical merit, aesthetic and
functional characteristics, accessibility, conformity with
universal design, social and environmental protection
requirements, innovative characteristics, and trading
conditions;
b) the management structure of the performance the procurement
contract and the qualification and experience of the staff
involved, if the qualification and experience of the staff
involved can have a significant impact on the quality of the
performance of the procurement contract;
c) the after-sale services and technical assistance, the
delivery provisions (such as delivery date, delivery process, and
delivery period or period of completion of delivery).
(3) The quality criteria are linked to the subject matter of
the procurement contract if they apply to the construction work,
supply, or services at any stage of their life cycle, and also to
the factors involved in the process of the performance of the
construction work, production or trade of the products, or
provision of the services, or any other process in a stage of
their life cycle, even if such factors are not directly linked to
the subject matter of the procurement contract (for example,
conformity with the environmental protection requirements or
social criteria during provision of the services, production of
the product, or performance of the construction work).
(31) The public service provider is not entitled to
use only the price for the comparison and assessment of tenders
if the procurement contract is being entered into for:
1) the designing. In such case, the public service provider
shall, in addition to the price, assess at least such criteria
which are related to the qualification and experience of the
managerial staff, if such qualification requirements have not
been brought forward, or the use of modelling of the construction
information, or energy efficiency of the solutions offered;
2) the combined designing and construction work. In such case,
the public service provider shall, in addition to the price,
assess at least such criteria which are related to the
qualification and experience of the managerial staff, if such
qualification requirements have not been brought forward, or the
use of modelling of the construction information, or energy
efficiency of the solutions offered;
3) the goods or products consuming electricity (in a public
supply contract). In such case, the public service provider
shall, in addition to the price, assess at least the criteria
which are related to electricity consumption of goods or products
during the intended useful life thereof;
4) road transport vehicles. In such case, the public service
provider shall, in addition to the price, take into account at
least the conditions of Section 21, of this Law, except for the
case when the public service provider acquires a road transport
vehicle for achieving the objectives specified in Section 21,
Paragraph four of this Law.
(4) Except for the cases referred to in Paragraph
3.1 of this Section, the public service provider is
entitled to use price only for comparison and assessment of the
tenders if the procurement is carried out in accordance with the
procedures laid down in Section 13, Paragraph five of this Law,
or if the prepared technical specification is detailed and other
criteria are of no significance in selecting the tender.
(5) The public service provider shall determine such tender
evaluation criteria which are not restricting the competition and
can be compared or evaluated objectively.
(6) The public service provider shall indicate in the
procurement procedure documents all tender evaluation criteria in
the order of their importance, the values of the criteria and,
where appropriate, the range of values, and also the selection
algorithm of a tender according to these criteria and a
description how each of the criteria indicated will be
assessed.
(7) The public service provider shall indicate in the
procurement procedure documents the decisive tender selection
criterion according to which it will select the tender, if, prior
to taking of the decision on awarding of the procurement
contract, it is to detect that the score of at least two tenders
is identical. The public service provider has the right to set
such criterion as the decisive tender selection criterion which
describes the conformity of the economic operator with the social
protection requirements, including that the public service
provider selects a tender submitted by an economic operator which
is a member of an organisation of employers of national level and
has concluded a collective agreement with a trade union which is
a member of a trade union of national level (if the tender has
been submitted by a partnership or an association of persons, the
collective agreement must be concluded with each member of the
partnership and each participant of the association of
persons).
[21 February 2019; 24 March 2022]
Section 58. Life Cycle Costs
(1) Life cycle costs shall fully or partially cover the
following costs over the life cycle of product, service, or
construction work:
1) the costs incurred by a public service provider or other
users, such as:
a) the costs related to acquisition;
b) the costs of use (for example, consumption of electricity
and other resources);
c) the maintenance costs;
d) the end of life costs (for example, collection and
regeneration costs);
2) the costs incurred during the life cycle of the product,
service, or construction work and related to the environmental
impact (such as the costs of greenhouse gas emissions and
emissions of other pollutants, the costs of measures oriented
towards mitigation and adaptation to climate change), if they can
be expressed in monetary terms and verified.
(2) The public service provider shall indicate in the
procurement procedure documents the methodology for the
calculation of the life cycle costs and the data necessary for
the performance of the calculation and to be submitted by the
tenderers.
(3) The methodology for the calculation of the costs related
to environmental impact shall conform to the following
conditions:
1) it is based on objectively verifiable and
non-discriminatory criteria;
2) it is accessible to all interested persons;
3) the data necessary for the calculations are at the disposal
of or easily accessible by economic operators (including by those
economic operators which are registered in a country other than a
European Union Member State).
Section 59. Abnormally Low
Tender
(1) If a tender for a particular public construction works,
public supply, or public service contract seems abnormally low, a
public service provider shall request an explanation from the
tenderer on the price or costs proposed, and also information on
the average hourly tariff rates of the tenderer and the employees
of subcontractors indicated in its tender according to groups of
professions.
(2) The explanation may specifically relate to:
1) the costs of the production process, the method for the
performance of construction work, or of the services to be
provided;
2) the technical solutions chosen and any exceptionally
favourable conditions available to the tenderer for the execution
of construction work, the supply of products, or the provision of
services;
3) the qualities and originality of the construction work,
products, or services proposed;
4) the conformity with the obligations specified in the laws
and regulations governing the fields of environmental, social,
and labour law and labour protection, and in the collective
agreements;
5) the commitments towards subcontractors;
6) the aid for commercial activity received by the
tenderer.
(3) The public service provider shall, upon consultation with
a tenderer, evaluate the explanations provided by the
tenderer.
(4) The public service provider shall reject the tender as
abnormally low if the provided explanations do not satisfactorily
account for the low level of price or costs proposed by the
tenderer, or if the price or costs do not cover the costs related
to conformity with the obligations specified in the laws and
regulations governing the fields of environmental, social, and
labour law and labour protection, and in the collective
agreements.
(5) If the public service provider establishes that a tender
is abnormally low because the tenderer has received aid for
commercial activity, the tender may be rejected after
consultations with the tenderer only on the basis of the fact
that the tenderer is not able to prove, within a reasonable time
period stipulated by the public service provider, that the
received aid for commercial activity is compatible with the
internal market in accordance with Section 107 of the Treaty on
the Functioning of the European Union. If the public service
provider rejects the tender due to this reason, it shall inform
the European Commission and the Procurement Monitoring Bureau of
rejecting the tender and the reason for rejection.
(6) The public service provider shall obtain the information
referred to in Paragraph one of this Section in relation to a
person registered or permanently residing in Latvia on the
average hourly tariff rates of its employees in groups of
professions, and also the economic operator shall obtain the
information on itself, in accordance with the procedures
stipulated by the Cabinet, from the State Revenue Service by
using the information system stipulated by the Cabinet. The
public service provider is entitled to receive the abovementioned
information from the State Revenue Service without requesting any
consent from the tenderer and the subcontractors indicated in its
tender.
(7) The Cabinet shall determine:
1) the information system where the information referred to in
Paragraph one of this Section shall be obtained, and also the
procedures for maintaining and using such system;
2) the purpose and scope of processing of the information to
be verified and referred to in Paragraph one of this Section;
3) the procedures by which the information system referred to
in Clause 1 of this Paragraph shall receive and process
information from the information system maintained by the
institution referred to in Paragraph six of this Section.
[5 May 2022]
Section 60. Tenders which Include
Products Originating in Third Countries
(1) This Section shall be applied to tenders which include
products originating in third countries with which the European
Union has not concluded bilateral or multilateral agreements on
the comparable and effective access of the undertakings of the
European Union to the market of these countries. This Section is
without prejudice to the international obligations of the
European Union and Latvia in respect of third countries.
(2) Any tender for the conclusion of a supply contract may be
rejected if the proportion of the products originating from the
countries other than the European Union Member States which is
specified in accordance with Regulation (EU) No 952/2013 of the
European Parliament and of the Council of 9 October 2013 laying
down the Union Customs Code is more than 50 per cent of the total
value of the products included in the tender. Within the meaning
of this Section, software for telecommunications network
equipment shall be considered as products.
(3) Taking into account Paragraph two of this Section, if two
or several tenders, when evaluating them in conformity with the
requirements of Section 57 of this Law, are equivalent,
preference shall be given to the tenders which are not to be
rejected in accordance with Paragraph two of this Section. The
prices shall be considered equivalent for the purposes of this
Section, if they do not differ by more than three per cent. A
tender is not given preference in relation to another tender if
such tender imposes a duty on the public service provider to
acquire equipment the technical characteristics of which differ
significantly from the characteristics of the equipment that is
at the disposal of the public service provider, thereby resulting
in incompatibility of the equipment, technical difficulties in
the operation and maintenance of the equipment, and also
disproportionate costs.
Chapter
IX
Application of the Framework Agreement and Dynamic Purchasing
System, Electronic Auction and Electronic Catalogues
Section 61. Framework Agreement
(1) In order to conclude a framework agreement, the public
service provider shall comply with the procurement procedures
laid down in this Law in all stages up to the conclusion of
contracts within the scope of a framework agreement. The public
service provider shall determine the participants of the
framework agreement, taking into account the criteria specified
for the assessment of a tender.
(2) Contracts shall be concluded within the scope of the
framework agreement in accordance with Paragraphs five, six, and
seven of this Section. This procedure shall only apply to such
public service providers and economic operators which have been
determined as participants in the provisions of the framework
agreement on the date of conclusion thereof. Only such public
service providers which are indicated in the contract notice, in
the invitation to submit an application, or in the procurement
procedure documents shall be determined as the participants of
the framework agreement.
(3) Upon concluding procurement contracts within the scope of
the framework agreement, the parties shall not make substantial
amendments to the provisions of the framework agreement,
particularly in the cases referred to in Paragraph five of this
Section.
(4) The framework agreement shall be concluded for a period of
time up to four years, except for the cases when a longer period
of time is necessary due to objective reasons (particularly, if
it is required by the subject matter of the contract). The public
service provider may not use the framework agreement in order to
hinder, restrict, or distort competition.
(5) If the framework agreement is concluded with one economic
operator, contracts within the scope of this agreement shall be
concluded in accordance with the provisions of the framework
agreement. In order to conclude these procurement contracts, the
public service provider may consult with an economic operator in
writing and request it to supplement the tender thereof, insofar
as it is necessary.
(6) If the framework agreement is concluded with more than one
economic operator, the particular contracts within the scope of
the framework agreement shall be concluded in one of the
following ways:
1) by applying the provisions of the framework agreement and
without re-evaluating the tender if all objectively necessary
provisions for the ensuring of relevant construction work,
supplies, and services and for the selection of an economic
operator are provided for in the provisions of the framework
agreement;
2) by applying the provisions of the framework agreement (also
in relation to the parts of the framework agreement) and without
re-evaluating the tender or with re-evaluating the tender if all
the necessary provisions for the ensuring of the relevant
construction work, supplies, and services and the cases and
provisions for direct conclusion of a contract and for
re-evaluating the tenders are provided for in the provisions of
the framework agreement;
3) by evaluating the tenders if all the necessary provisions
for the ensuring of the relevant construction work, supplies, and
services are not provided for in the provisions of the framework
agreement.
(7) If all the necessary conditions are not provided for in
the provisions of the framework agreement and the tenders have to
be re-evaluated, these provisions shall be supplemented on the
basis of the same provisions (if necessary, regulated in more
detail) or other provisions in conformity with the specifications
of the framework agreement according to the following
procedure:
1) in order to conclude the particular contract, the public
service provider shall consult in writing with the economic
operators which are capable to perform the relevant contract;
2) the public service provider shall determine a time limit
which is sufficient for the submission of the relevant tender,
taking into account such factors as the complexity of the subject
matter of the contract and the time required for the preparation
of tenders;
3) the tenderers shall submit a tender in writing and the
public service provider shall not open them until expiry of the
time limit specified for the submission;
4) the public service provider shall conclude the particular
procurement contract with the tenderer that has submitted the
most appropriate tender on the basis of the tender evaluation
criteria which are specified in the procurement procedure
documents for conclusion of the framework agreement.
Section 62. Dynamic Purchasing
System
Procurements within the dynamic purchasing system shall be
subject to a restricted procedure. The Cabinet shall determine
the rules and procedures for the application of the dynamic
purchasing system.
Section 63. Application of
Electronic Auctions
(1) In case of an open and restricted procedure and a
negotiated procedure by publishing an invitation to participate,
a public service provider may decide that the selection of a
tender shall be preceded by an electronic auction if the
procurement procedure documents (in particular the technical
specifications) can be prepared with great precision. An
electronic auction may also be organised prior to the selection
of a tender within the scope of the framework agreement in
accordance with Section 61, Paragraph six, Clauses 2 and 3 of
this Law, and also prior to the selection of a tender within the
scope of the dynamic purchasing system.
(2) An object of an electronic auction may be:
1) the price or the price and the new values of the features
of the tenders indicated in the procurement procedure documents,
if the tender evaluation criterion is ratio of the price or
cost-effectiveness and the quality criteria linked to the subject
matter of the procurement contract, or the lowest cost using a
cost-effectiveness approach;
2) the price if the tender evaluation criterion is solely the
price.
(21) Works or service contracts the subject matter
of which is intellectual work (such as designing) shall not be
the object of electronic auctions.
(3) If a decision to organise an electronic auction is taken,
the public service provider shall indicate it in the contract
notice or in the invitation to confirm interest.
(4) If an electronic auction is held, the procurement
procedure documents, in addition to other information, shall
include also the following:
1) the characteristics of the objects of the electronic
auction, if they are quantifiable and their value can be
expressed in figures or percentages;
2) any thresholds (which may be submitted and modified),
taking into account the technical specifications of the subject
matter of the procurement contract;
3) the information which will be made available to tenderers
in the course of the auction and, where appropriate, when it will
be made available to them;
4) the necessary information applying to the organisation of
the electronic auction;
5) the provisions which the tenderers must conform to when
bidding in the electronic auction, particularly in relation to
the minimum steps of the auction which will be requested, if
necessary;
6) the relevant information on the electronic equipment used
and the arrangements and technical specifications for
connection.
(5) Prior to the launching of an electronic auction, the
public service provider shall perform a complete initial
evaluation of tenders according to the specified tender
evaluation criteria.
(6) The public service provider shall concurrently invite all
tenderers which have submitted admissible tenders to submit new
prices or prices and values by electronic means. The invitation
shall contain all the necessary information on the individual
connection to the electronic equipment being used in the auction
and shall state the date and time when the electronic auction
will be initiated. The electronic auction may take place in a
number of successive phases. It shall not be initiated earlier
than two working days after sending of the invitation to
participate in this auction.
(7) A summary of the evaluation of tenders shall be appended
to the invitation and the invitation shall include the
mathematical formula or algorithm to be used in the electronic
auction which reflects the notional values of all criteria and
which, taking into account the initially intended proportion of
criteria, shall determine the re-ranking of positions using the
newly submitted values and prices or only prices. Except for the
case where the most economically advantageous tender is
determined on the basis of price alone, the abovementioned
formula shall contain the weighting of all the criteria intended
for the determination of the most economically advantageous
tender accordance to that referred to in the contract notice or
in the procurement procedure documents. If the numeric values
assigned to the criteria are specified within a certain range,
they shall be expressed to a particular value. If variants of
tenders are permitted, a separate formula shall be provided for
each variant.
(8) During any phase of an electronic auction the public
service provider shall constantly provide all tenderers with
information which allows them to ascertain their relative
rankings at any time. The public service provider may also
provide information on other prices or values tendered if it is
provided for in the procurement procedure documents. The public
service provider may also, at any time, announce the number of
participants of the auction in the particular phase of the
auction, however, the public service provider is not entitled to
disclose the identities of the participants.
(9) The public service provider shall close an electronic
auction (in conformity with one or several conditions):
1) at the previously indicated date and time;
2) after receipt of the final bid, if the time indicated in
the invitation to auction has expired and no new bid is placed
during this period;
3) if all of the previously indicated phases in the auction
have been completed.
(10) If the public service provider wishes to close the
auction in accordance with the provisions of both Clause 2 and
Clause 3 of Paragraph nine of this Section, it shall indicate the
time for each phase of the auction in the invitation to
auction.
(11) When the electronic auction is completed, the public
service provider shall, using the results of this auction, select
a tender according to the specified tender evaluation
criteria.
[21 February 2019]
Section 64. Application of
Electronic Catalogues
(1) If it is intended that tenders will be submitted, using
only electronic means of communication, the public service
provider may require the tender to be submitted in the form of an
electronic catalogue or to include an electronic catalogue in the
tender. If tenders are accepted or requested in the form of an
electronic catalogue, the public service provider shall indicate
it in the contract notice or in the invitation to confirm
interest if an advance informative notice is used for the
announcement of the procurement. The public service provider
shall indicate in the procurement procedure documents all the
information necessary for the receipt of electronic documents in
accordance with Section 42 of this Law, including the format, the
electronic equipment to be used, the technical connection
arrangements and specifications necessary for the electronic
catalogue.
(2) A candidate or tenderer shall create an electronic
catalogue in accordance with the requirements laid down in the
procurement procedure documents. Tenders in the form of an
electronic catalogue may be accompanied by other documents
supplementing the tender.
(3) The public service provider may intend that re-evaluation
of tenders will take place on the basis of updated catalogues, if
a framework agreement has been concluded with several economic
operators and the tenders had been submitted in the form of
electronic catalogues, and may use one of the following
procedures:
1) to invite the tenderers to resubmit their electronic
catalogues which are adapted to the requirements of the
particular procurement contract;
2) to inform the tenderers that tenders adapted to the
requirements of the particular procurement contract will be
created from the submitted electronic catalogues according to the
methodology for the creation of tenders provided for in the
procurement procedure documents for conclusion of the framework
agreement, to indicate the date and time when creation of tenders
will take place, and also inform the tenderers of the rights to
express objections against the creation of such tenders and to
determine a commensurate period of time for expression of
objections.
(4) If the tenderer objects against the use of the procedure
referred to in Paragraph three, Clause 2 of this Section, the
public service provider shall use the procedure referred to in
Paragraph three, Clause 1 of this Section.
(5) The public service provider shall inform the tenderer of
the created tender and the content thereof and shall determine an
adequate period of time for expression of objections or approval
of the tender.
(6) The public service provider may intend that in the dynamic
purchasing system tenders in relation to a particular procurement
contract are submitted in the form of an electronic catalogue. If
the procedure referred to in Paragraph three, Clause 2 of this
Section is used within the scope of the dynamic purchasing
system, the public service provider shall attach to the
application for participation in the dynamic purchasing system an
electronic catalogue meeting the requirements laid down in the
procurement procedure documents to be completed by the candidates
after the public service provider has notified of the use of the
procedure referred to in Paragraph three, Clause 2 of this
Section.
Chapter X
Regulations of a Procurement Contract and Framework
Agreement
Section 65. Procurement Contract
(1) A procurement contract shall determine the legal
relationships between the public service provider or public
service providers and an economic operator or economic operators.
The procurement contract may determine the legal relationships
between the public service provider or public service providers
and an economic operator or economic operators and
sub-contractors.
(2) Upon preparing the procurement contract, the public
service provider shall take into account the requirements of the
laws and regulations in relation to the construction work,
supplies, and services included in the subject matter of the
procurement contract and shall indicate in the procurement
contract:
1) the name of the public service provider;
2) the name of the economic operator;
3) the subject matter of the procurement contract, the scope
thereof, the quality requirements, and other necessary
information;
4) the contract price and the manner of payment thereof, and
also, if provided for by the public service provider, the manner
of payment for subcontractors in accordance with the procedures
referred to in Section 68 of this Law;
5) the time limit, location, and conditions for the
performance of the procurement contract;
6) commensurate liability of the contracting parties for the
losses caused and the failure to perform the procurement
contract;
7) the procedures for the replacement of the subcontractors
and staff indicated in the tender and for the attraction of new
subcontractors and staff in accordance with Section 67 of this
Law;
8) the procedures for amending the procurement contract and
the procedures by which withdrawal from the procurement contract
shall be permissible;
81) the condition that in case if the economic
operator or, if the public service provider has provided for the
direct payments to the subcontractors in accordance with Section
68, Paragraph five of this Law, the subcontractor submits an
electronic invoice, it conforms to the laws and regulations
regarding the applicable standard of an electronic invoice and
the specifications for the use of its key elements and the
procedures for its handling. In accordance with the laws and
regulations regarding the applicable standard of an electronic
invoice and the specifications for the use of its key elements
and the procedures for its handling, additional key elements to
be mandatorily indicated in the electronic invoice may be
provided for in the procurement contract;
9) other rules.
(3) The public service provider is entitled to provide for
special provisions for the performance of the procurement
contract mainly in relation to economic and social circumstances,
innovations, or environmental protection requirements in
conformity with the condition that such provisions are not in
contradiction with the national laws and regulations or directly
applicable legal acts of the European Union and are indicated in
the technical specifications or the contract notice, or the
procurement procedure documents and are linked to the subject
matter of the relevant procurement contract. The public service
provider, upon preparing the procurement contract, may use the
guidelines for the implementation of procurements and conclusion
of contracts, and also the standard form contracts developed by
sectoral experts or organisations. Upon conclusion of a
procurement contract, commensurate conformity with the rights and
legal interests of the contracting parties is ensured.
(4) A procurement contract shall be concluded for a time
period not exceeding five years. The public service provider is
entitled to conclude a procurement contract for a longer period
of time if any of the following conditions is fulfilled:
1) it is provided for in another law;
2) it is substantially necessary for ensuring the performance
of the procurement contract due to technical or economic
circumstances directly related to the subject matter of the
procurement contract. In such case prior to commencing the
procurement, the public service provider which is an institution
of direct administration must obtain a permit of the Cabinet, and
the public service provider which is an institution of indirect
administration - a permit of the body of the relevant derived
public entity.
(5) In the cases referred to in Paragraph four of this Section
the public service provider shall indicate the justification in
the contract award notice or in the notice on social and other
special services for the existence of such circumstances which
give the right to conclude a procurement contract for a longer
period of time.
(6) A procurement contract or framework agreement shall be
concluded not earlier than on the next working day after the end
of the waiting period, if a complaint regarding violations of the
procurement procedure has not been submitted to the Procurement
Monitoring Bureau in accordance with the procedures laid down in
Section 72 of this Law.
(7) The waiting period referred to in Paragraph six of this
Section shall be:
1) 10 days after the day when the information referred to in
Section 37, Paragraph two of this Law has been sent to all the
tenderers in electronic form, using a secure electronic signature
or attaching a scanned document to the electronic mail, or handed
over in person, and one additional working day;
2) 15 days after the day when the information referred to in
Section 37, Paragraph two of this Law has been sent, if it has
been sent by post to at least one tenderer, and one additional
working day.
(8) If the tenth day referred to in Paragraph seven, Clause 1
and the fifteenth day referred to in Clause 2 of this Section is
Saturday, Sunday or statutory public holiday, the waiting period
shall be extended for one working day.
(9) A procurement contract or framework agreement may be
concluded without conforming to Paragraph six of this Section
if:
1) the procurement contract is awarded to the sole tenderer
and there are no candidates which would be entitled to submit a
submission in accordance with the procedures laid down in Section
72, Paragraph two of this Law;
2) a procurement of the social and other special services
referred to in Annex 2 to this Law is being organised due to
extraordinary circumstances unforeseen by the public service
provider;
3) a negotiated procedure without publishing an invitation to
participate is applied;
4) the procurement contract is concluded within the scope of a
framework agreement in accordance with Section 61 or 64 of this
Law;
5) the procurement contract is concluded within the scope of
the dynamic purchasing system in accordance with Section 62 of
this Law.
(10) Not later than within 10 working days following the day
when the procurement contract, the framework agreement or the
amendments thereof enter into effect, the public service provider
shall post on its buyer profile the following, in conformity with
the requirements of commercial secret protection laid down in
laws and regulations and ensuring the accessibility during the
entire term of the procurement contract or framework agreement,
but not less than the storage period for the procurement
documentation laid down in Section 46 of this Law:
1) the procurement contract or the framework agreement;
2) a procurement contract entered into on the basis of the
framework agreement or within the scope of the dynamic
procurement system. If procurement contracts within the scope of
the framework agreement or the dynamic procurement system have
been entered into in the electronic environment according to the
provisions for the establishment of the dynamic procurement
system or the framework agreement and are stored in the State
electronic information system, the procurement contract or the
amendments thereto need not be posted on the buyer profile;
3) if the procurement contract is made of provisions of a
standard contract which is publicly available and protected by
copyright - an indication to these provisions of a standard
contact, and also the documents which are a part of the
procurement contract and with which the relevant provisions of a
standard contract are amended or supplemented;
4) amendments to the documents referred to in Clauses 1, 2,
and 3 of this Paragraph and the justification for amendments
referred to in Section 66, Paragraphs two and three of this
Law.
(11) If a procurement is performed by the central purchasing
body, it shall agree with the public service providers for the
needs of which the procurement is being performed as to which of
them shall post the documents referred to in Paragraph ten of
this Section on its buyer profile. If the public service
providers do not agree with the central purchasing body, the
documents referred to in Paragraph ten of this Section shall be
posted by the central purchasing body on its buyer profile.
[21 February 2019; 24 March 2022]
Section 65.1 Contract
Register
(1) The Procurement Monitoring Bureau shall, within three
working days after a contract award notice, a notice on social
and other special services, or a notice on changes during the
term of the contract is published on the website of the
Procurement Monitoring Bureau, create or supplement accordingly
an entry of the Contract Register regarding the procurement
contract, framework agreement entered into or the amendments
thereto with the information indicated in the relevant
notice.
(2) The public service provider shall, not later than within
five working days after performance of the procurement contract
or framework agreement, supplement the entry of the Contract
Register with the following information:
1) the actual contract price in euro (without value added tax)
for which the contract has been performed;
2) the actual time limit for the performance of the contract
or the date when the contract has been terminated;
3) the reason for terminating the contract (if
applicable);
4) the economic operator if the tenderer (contracting party)
selected in the procurement procedure has been replaced with
another economic operator in conformity with the provisions of
Section 66, Paragraph three, Clause 4 of this Law;
5) other information, if necessary.
[5 May 2022]
Section 66. Amendments to the
Procurement Contract or the Framework Agreement
(1) Amendments to the procurement contract or the framework
agreement shall be permissible, if they do not alter the overall
nature of the contract or the framework agreement (the type and
the objective specified in the procurement procedure documents)
and meet one of the following conditions:
1) amendments are non-substantial;
2) amendments are substantial, and they are only made in the
cases referred to in Paragraph three of this Section;
3) amendments are made in the case referred to in Paragraph
five of this Section, irrespective of whether they are
substantial or non-substantial.
(2) Amendments to the procurement contract or the framework
agreement shall be substantial in any of the following cases:
1) the amended provisions of the procurement contract or the
framework agreement, had they been part of the initial
procurement procedure documents, would have allowed for
submission of different tenders or participation or selection of
other candidates or tenderers in the procurement procedure;
2) the economic balance (for example, risk allocation and the
means compensating it) provided for in the procurement contract
or the framework agreement is changed in the interests of the
tenderer selected within the procurement procedure;
3) the subject matter of the procurement contract is extended
to such construction work, supplies, or services which are not
provided for in the procurement contract or framework agreement
initially concluded;
4) the tenderer (contracting party) selected within the
procurement procedure is replaced by another economic
operator.
(3) Substantial amendments to the procurement contract or the
framework agreement shall be permissible in any of the following
cases:
1) the procurement procedure documents and the procurement
contract or the framework agreement clearly and unequivocally
provide for a possibility of amendments, the conditions when
amendments are permissible, the scope and essence of amendments.
Such provisions on amendments may refer to the revision of the
contract price, exercising of the use of options, and also other
aspects of the performance of the procurement contract or the
framework agreement;
2) the public service provider needs additional construction
work, supplies, or services for the performance of the initial
procurement contract or framework agreement which were not
included in the initial procurement, and a change of the economic
operator would cause a significant increase of costs, and it
cannot be performed due to economic or technical reasons such as
interchangeability or interoperability with the equipment,
services, or installations purchased under the initial
procurement, or the change of the economic operator would cause
significant inconveniences;
3) amendments to the procurement contract are necessary due to
such reasons which the public service provider could not
foresee;
4) the tenderer (contracting party) selected in the
procurement procedure is replaced by another economic operator in
conformity with the laws and regulations in the field of
commercial law regarding reorganisation of merchants and transfer
of an undertaking, and such economic operator conforms to the
qualification requirements laid down in the contract notice or
the procurement procedure documents, and the reasons for
exclusion referred to in Section 48, Paragraph one of this Law
are not applicable thereto.
(4) The increase of the contract price which is determined as
the sum of the monetary values of all successive amendments may
not exceed 50 per cent of the initial contract price of the
procurement contract in relation to each case referred to in
Paragraph three, Clauses 2 and 3 of this Section.
(5) Amendments to the procurement contract or the framework
agreement shall be permissible if the value of the amendments to
the procurement contract or the framework agreement determined as
the sum of the monetary values of all successive amendments
(without taking into account the value of amendments made in
accordance with Paragraph three, Clauses 1, 2, and 3 of this
Section) is concurrently less than:
1) the thresholds of contract prices stipulated by the
Cabinet;
2) 10 per cent of the initial contract price of the contract
or the framework agreement in case of a supply contract and a
service contract and 15 per cent of the initial contract price of
the procurement contract or the framework agreement in case of a
works contract.
(6) If the procurement contract provides for the indexation of
the contract price, the initial contract price of the procurement
contract or the framework agreement referred to in Paragraphs
four and five of this Section shall be the contract price which
has been indexed.
(7) The public service provider shall publish a notice on
changes during the term of the contract in accordance with
Section 35 of this Law.
(8) The procurement procedures specified in this Law shall be
applied to the amendments to the procurement contract and the
framework agreement which do not conform to the conditions
referred to in Paragraph one of this Section.
[21 February 2019; 24 March 2022; 5 May 2022]
Section 67. Change of the Staff and
Subcontractors Involved in the Performance of a Procurement
Contract and Attraction of a New Staff and Subcontractors
(1) The tenderer selected in the procurement procedure (the
party to the procurement contract or framework agreement) is not
entitled to change the staff and subcontractors indicated in the
tender and to involve additional subcontractors in the
performance of the procurement contract without coordination with
the public service provider. The public service provider may
request the opinion of the staff and the subcontractor regarding
the reasons for change. The public service provider may provide
in the procurement contract or the provisions of the framework
agreement that the tenderer selected in the procurement procedure
(the party to the procurement contract or framework agreement)
has an obligation to coordinate the involvement of additional
staff in the performance of the procurement contract with the
public service provider.
(2) The change of the staff indicated in the tender shall only
be permissible in accordance with the procedures and in the cases
indicated in the procurement contract or the framework agreement.
The public service provider shall not agree to the change of the
staff indicated in the tender in the cases provided for in the
procurement contract or the framework agreement, and also in
cases when the offered staff does not meet the requirements
brought forward for the staff which are laid down in the
procurement procedure documents or it does not have at least the
same qualification and experience as the staff that was evaluated
when determining the most economically advantageous tender.
(3) The public service provider shall not agree to the change
of the subcontractor indicated in the tender if any of the
following conditions is fulfilled:
1) the tendered subcontractor does not meet the requirements
brought forward for subcontractors which are laid down in the
procurement procedure documents;
2) the subcontractor on whose capacities the selected tenderer
has relied upon to certify that the qualification thereof
conforms to the requirements laid down in the contract notice or
the procurement procedure documents is replaced and the tendered
subcontractor does not have at least the same qualification which
the tenderer selected in the procurement procedure has referred
to upon certifying the conformity thereof with the requirements
laid down in the procurement procedure, or it conforms to the
reasons for exclusion of the tenderers referred to in Section 48,
Paragraph two of this Law;
3) the tendered subcontractor the value of the constructions
works to be performed or the services to be provided of which is
at least EUR 10 000 conforms to the reasons for exclusion of
tenderers referred to in Section 48, Paragraph two of this
Law;
4) as a result of the change of the subcontractor such
amendments to the tender of the tenderer would be made which, if
they would have been initially included therein, would influence
the selection of the tender according to the tender evaluation
criteria specified in the procurement procedure documents.
(4) The public service provider shall not agree to the
attraction of a new subcontractor in case when such changes, if
they would have been made in the initial tender, would have
influenced the selection of the tender according to the tender
evaluation criteria specified in the procurement procedure
documents.
(5) The public service provider shall agree to the change of
the subcontractor indicated in the tender, if the conditions of
Paragraph three of this Section are not applicable to the
subcontractor, in the following cases:
1) the subcontractor indicated in the tender has notified in
writing on refusal to participate in the performance of the
procurement contract;
2) the subcontractor indicated in the tender conforms to the
reasons for exclusion of tenderers referred to in Section 48,
Paragraph two of this Law.
(6) In verifying the conformity of the new subcontractor, the
public service provider shall apply the provisions of Section 48
of this Law and the verification of the reasons for exclusion
shall be performed on the date when the public service provider
decides to issue an authorisation to the economic operator for
changing the subcontractor or attracting a new subcontractor for
ensuring the performance of the contract. The time limits
referred to in Section 48, Paragraph four, Clauses 2, 3, and 4 of
this Law shall be counted from the day when the request for the
change of a subcontractor is submitted to the public service
provider.
(7) The public service provider shall, within as short period
of time as possible, but not later than within five working days
after it has received all information and documents necessary for
taking of a decision in accordance with this Section, take a
decision to permit or refuse the change of the staff or
subcontractors of the tenderer selected in the procurement
procedure (the party to the procurement contract or framework
agreement) or attraction of new subcontractors in the performance
of the procurement contract.
[5 May 2022]
Section 68. Subcontractors
(1) In order to ascertain that an economic operator will be
able to perform a procurement contract, the public service
provider is entitled to request that the tenderer indicates in
its tender those parts of the procurement contract which it will
transfer to subcontractors for performance, and also all
anticipated subcontractors.
(2) The public service provider shall request that the
tenderer indicates in its tender all those subcontractors the
value of the construction work to be performed or the services to
be provided by which is at least EUR 10 000 and the lot of the
procurement contract to be transferred for performance to each
such subcontractor.
(3) The total value of the construction work to be performed
or the services to be provided by the subcontractor shall be
determined, taking into account the value of the construction
work to be performed or services to be provided by the
subcontractor and by all associate undertakings thereof within
the scope of the relevant procurement. Within the meaning of this
Section, a capital company in which, in accordance with the Group
of Companies Law, the subcontractor has a decisive influence or
which has a decisive influence in the subcontractor, or a capital
company in which another capital company has a decisive influence
which concurrently has a decisive influence in the relevant
subcontractor shall be considered as the associate
undertaking.
(4) In case of a service contract (if the services are
provided at an object of the public service provider) and in case
of a works contract, the public service provider shall request
that after the award of the procurement contract, however, not
later when the performance of the procurement contract is
commenced, the tenderer submits a list of subcontractors (if it
is planned to involve such) involved in the construction work or
service provision, indicating the name, contact details of the
subcontractor and the person with the right of representation
thereof, insofar as the abovementioned information is known. The
subcontractors of the subcontractors of the economic operator
shall also be indicated in the list. The public service provider
shall request the economic operator to notify it of any changes
to this information during the performance of the procurement
contract, and also to supplement the list with information on any
subcontractor which is later involved in the performance of
construction work or the provision of services.
(5) The public service provider may provide in the procurement
procedure documents that in case of a works contract, upon
request of a subcontractor, the payments for the construction
work, supplies, or services provided by the subcontractor to the
economic operator which has accepted them and the term for
payment whereof is past due if the public service provider has
failed to disburse the entire contract price due to the economic
operator, shall be transferred by the public service provider, on
the basis of an invoice submitted by the subcontractor, directly
to the subcontractor and the next payment to the economic
operator shall be reduced by the relevant amount. Prior to the
payment of the invoice of the subcontractor, the public service
provider shall inform the economic operator of such request and
shall allow it to express an opinion on the justification of the
request. The procedures for making payments and exchanging
information with the economic operator and subcontractors thereof
shall be provided for by the public service provider in the
procurement contract.
(6) The procedures laid down in Paragraphs one and five of
this Section shall be without prejudice to the issues related to
the liability of the economic operator for the performance of the
procurement contract.
[5 May 2022]
Section 69. Early Termination of a
Procurement Contract
(1) A public service provider, upon sending a written notice
to the economic operator, is entitled to unilaterally withdraw
from a procurement contract in the cases provided for in the
procurement contract and in the following cases:
1) substantial amendments have been made to the procurement
contract which are not permissible in accordance with Section 66,
Paragraph one of this Law;
2) the procurement contract has not been concluded in
accordance with the provisions specified in the procurement
procedure documents, or substantial provisions of the draft
procurement contract contained in the procurement procedure
documents have been amended;
3) the economic operator, at the time of the procurement
contract award, conformed to any of the reasons for exclusion
referred to in Section 48, Paragraph two of this Law and should
therefore have been excluded from the procurement procedure;
4) the procurement contract should not have been awarded to
the economic operator due to a serious violation of the
obligations specified in the Treaty on European Union, the Treaty
on the Functioning of the European Union, and this Law which has
been detected by the Court of Justice of the European Union in
accordance with the procedure specified in Article 258 of the
Treaty on the Functioning of the European Union.
(2) In the event of an early termination of the procurement
contract in cases referred to in Paragraph one of this Section,
the public service provider shall pay for the construction work
and supplies actually performed and the services actually
provided by the economic operator. The public service provider
and the economic operator shall agree on the amount of the
payment and the procedures for the disbursement thereof.
[5 May 2022]
Chapter
XI
Procurement Monitoring Bureau
Section 70. Legal Status of the
Procurement Monitoring Bureau
(1) The Procurement Monitoring Bureau shall perform the
monitoring of the conformity with this Law and the laws and
regulations arising therefrom.
(2) The legal status and functions of the Procurement
Monitoring Bureau shall be determined by the Public Procurement
Law.
Section 71. Complaint Examination
Commission
The procedures for the establishment and operation of the
complaint examination commission (hereinafter also - the
commission) shall be determined by the Public Procurement
Law.
Chapter
XII
Procedures for the Examination of Complaints Regarding Violations
of the Procurement Procedure
Section 72. Right to Submit a
Complaint Regarding Violations of the Procurement Procedure
(1) A person who is or has been interested in acquiring the
awarding of a procurement contract or a framework agreement or
who is qualifying for winning and who, in relation to the
particular procurement procedure to which this Law applies,
regards that his or her rights have been infringed upon or
infringement of these rights is possible which is caused by a
potential violation of the legal acts of the European Union or
other laws and regulations is entitled to submit a complaint to
the Procurement Monitoring Bureau on the provisions for the
selection of candidates or tenderers, the technical
specifications, and other requirements which apply to the
particular procurement procedure, or on the activities of the
public service provider or the procurement commission during the
course of the procurement procedure. Within the meaning of this
Chapter, the procedures for implementing the procurement referred
to in Section 13, Paragraph five of this Law and the design
contest shall also be regarded to be a procurement procedure.
(2) A complaint on the violations referred to in Paragraph one
of this Section (except for the cases referred to in Paragraph
three of this Section) may be submitted to the Procurement
Monitoring Bureau until the day of conclusion of the procurement
contract or the framework agreement within the following time
limits:
1) within 10 days after the day when the information referred
to in Section 37 of this Law has been sent to the relevant person
in electronic form, using a secure electronic signature or
attaching a scanned document to the electronic mail, or by fax or
handed over in person;
2) within 15 days after the day when the information referred
to in Section 37 of this Law has been sent to the relevant person
by post;
3) within 10 days after the day when the notice referred to in
Section 39, Paragraph one of this Law has been published in the
Official Journal of the European Union.
(3) A complaint regarding the requirements included in the
procurement procedure documents may be submitted within the
following time limits:
1) not later than seven days prior to the expiry of the time
limit for the submission of tenders - in relation to the
requirements included in the open procedure rules and the
contract notice;
2) not later than four working days prior to the expiry of the
time limit for the submission of applications - in relation to
the requirements included in the restricted procedure rules for
the selection of candidates and in the contract notice, in the
documents of the competitive dialogue and in the contract notice,
or in the documents of a negotiated procedure by publishing an
invitation to participate and in the contract notice, or the
documents of an innovation partnership procedure and in the
contract notice;
3) not later than four working days prior to the expiry of the
time limit for the submission of tenders - in relation to the
requirements included in an invitation to the restricted
procedure, competitive dialogue, negotiated procedure by
publishing an invitation to participate, or innovation
partnership procedure;
4) not later than seven days prior to the expiry of the time
limit for the submission of designs - in relation to the
requirements included in the design contest rules and the
contract notice on the design contest;
5) not later than two working days prior to the expiry of the
time limit for the submission of tenders - in relation to the
requirements included in the procurement documents in case of the
procurement referred to in Section 13, Paragraph five of this
Law.
(4) A complaint may be submitted to the Procurement Monitoring
Bureau by handing it over in person or sending by post, fax, or
electronically by appending to the electronic mail or sending to
the official electronic address a document which has been signed
with a secure electronic signature, or a scanned document. A
complaint shall be deemed submitted to the Procurement Monitoring
Bureau within the time limit specified in Paragraphs two and
three of this Section if it has been received at the Procurement
Monitoring Bureau:
1) on the final day of the time limit at the latest, if sent
by fax or in electronic form, using a secure electronic signature
or attaching a scanned document to the electronic mail;
2) on the final day of the time limit at the latest, within
the office hours of the Procurement Monitoring Bureau, if sent by
post or delivered in person.
(5) A complaint shall be submitted in writing and shall
include the following information:
1) the name and address of the submitter of the complaint;
2) the name and address of the public service provider
regarding which the complaint has been submitted;
3) the title of the procurement procedure and the procurement
identification number;
4) the facts regarding which the complaint is being submitted,
indicating the violation;
5) the legal basis for the complaint;
6) the claim of the submitter of the complaint.
(6) The Procurement Monitoring Bureau shall, within one
working day after receipt of a complaint regarding violations of
the procurement procedure, post information on this on its
website, indicating the submitter of the complaint, the public
service provider, and the procurement procedure the lawfulness of
which is being disputed by the submitter of the complaint, and
also inform the public service provider of the initiation of an
administrative case by sending a notice on the complaint received
and a copy of the complaint to the fax number or electronic mail
address indicated by the public service provider. The public
service provider shall not conclude a procurement contract or
framework agreement until a decision of the commission on the
results of examination of the complaint or termination of the
administrative case is received.
(7) If a complaint is submitted in relation to the
requirements which are specified in the open procedure rules, the
contract notice, or the invitation to tender of a restricted
procedure, the public service provider shall act in accordance
with the Cabinet regulations regarding the procedures for the
course of the procurement procedure which are determined for the
relevant procurement procedures.
(8) If a complaint is submitted regarding activities of the
public service provider in relation to the lawfulness of the
procurement procedure and a complaint regarding the same
procurement procedure has already been submitted by another
submitter of a complaint but such a complaint has not yet been
examined, such complaints may be combined and examined
concurrently.
(9) The submitter of a complaint is entitled to revoke the
complaint submitted in writing, at any time, while the commission
has not taken a decision on such complaint.
[24 March 2022]
Section 73. Leaving Complaint
Unexamined
(1) The Procurement Monitoring Bureau is entitled to leave a
complaint unexamined in the following cases:
1) the complaint does not conform to the requirements referred
to in Section 72, Paragraph one, two, three, or five of this
Law;
2) a complaint has already been submitted and examined in
relation to a procurement procedure for the same subject matter
and on the same grounds;
3) the information included in the complaint is evidently
insufficient to satisfy the claim of the submitter of the
complaint, or the complaint is evidently inadmissible on its
merits;
4) in the case referred to in Section 74, Paragraph four of
this Law.
(2) The decision may be appealed to a court in accordance with
the procedures laid down in the Administrative Procedure Law.
Appeal of the decision shall not suspend the operation
thereof.
Section 74. Deposit
(1) When submitting a complaint in accordance with the
procedures laid down in Section 72 of this Law, a deposit shall
be paid in or submitted.
(2) The submitter is entitled to pay in a deposit as the sum
of money or submit it in the form of a credit institution
guarantee or insurance policy.
(3) A deposit shall form 0.5 per cent of the estimated
contract price, however not more than EUR 15 000 in case of a
works contract and EUR 840 in case of a service contract and a
supply contract. If it is not possible to determine the estimated
contract price or it is not indicated in the procurement
procedure documents, the deposit shall be EUR 3400 in case of a
works contract, and EUR 840 - in case of a service contract and a
supply contract.
(4) After receipt of the complaint the Procurement Monitoring
Bureau shall, within one working day, verify the fact of receipt
or submitting of a deposit payment. Where the payment of the
deposit is not received or submitted, the Procurement Monitoring
Bureau is entitled to leave the complaint unexamined.
(5) The Procurement Monitoring Bureau shall repay the deposit
payment or return the deposit to the submitter within five
working days after:
1) the day of revocation of the complaint if the submitter has
revoked the complaint prior to examination thereof in the
commission, on the basis of the fact that the public service
provider has eliminated the violations referred to in the
complaint;
2) the receipt of the true copy of the court judgment, if the
court by the final judgment assigns to repay the paid-in deposit
payment to the submitter;
3) the decision on leaving the complaint unexamined has been
communicated;
4) the decision to prohibit the public service provider to
conclude the procurement contract or the framework agreement or
to cancel the decision of the public service provider on
termination of the procurement procedure has entered into
effect.
(6) This Section shall not be applicable if the lawfulness of
termination of the procurement procedure or the requirements laid
down in the procurement procedure documents are contested in the
complaint.
(7) The procedures for the payment or submitting and repayment
or return of the deposit shall be determined by the Cabinet.
[21 February 2019]
Section 75. Examination of a
Complaint
(1) The commission shall examine a complaint within one month
after receipt thereof in the Procurement Monitoring Bureau. If
due to objective reasons it is not possible to conform to this
time limit, the commission may extend it, notifying the submitter
of the complaint, the tenderer whose tender has been selected
according to the specified tender evaluation criteria
(hereinafter - the participants), and the public service provider
thereof.
(2) Upon examining a complaint regarding violations of the
procurement procedure, the commission may, by a decision
thereof:
1) allow to conclude a procurement contract or framework
agreement and to leave the requirements laid down in the
procurement procedure documents or the decision of the
procurement commission in effect, if the complaint is not
justified or is justified, however, the violations established by
the commission cannot affect the decision on awarding of the
procurement contract;
2) prohibit to conclude a procurement contract or a framework
agreement if the public service provider has not complied with
the requirements laid down in Section 37 of this Law;
3) prohibit conclusion of a procurement contract or a
framework agreement and cancel the requirements laid down in the
procurement procedure documents or the decision of the
procurement commission in full or any part thereof, if the
complaint is justified and the violations established by the
commission can affect the decision on awarding of the procurement
contract;
4) leave the decision of the procurement commission on
termination or suspension of the procurement procedure in effect,
if the complaint is not justified;
5) cancel the decision of the procurement commission on
termination or suspension of the procurement procedure, if the
complaint is justified.
(3) In the cases referred to in Paragraph two, Clauses 2, 3,
and 5 of this Section the commission may take the decision on
measures for elimination of the violations established. The
commission may assign the public service provider to suspend the
procurement procedure only in case if it is not possible to
otherwise eliminate the violations of the procurement procedure
committed by the public service provider.
(4) If during examination of a complaint the commission
establishes that the complaint should be left unexamined, it may
take the decision on termination of the administrative case. If
the submitter withdraws the complaint, the relevant
administrative proceedings shall be considered terminated.
(5) The Procurement Monitoring Bureau shall invite the
participants to the complaint examination meeting by publishing
an invitation on its website at least three working days in
advance. The invitation shall be considered notified on the next
working day of publication thereof on the website of the
Procurement Monitoring Bureau. If the electronic mail address to
which an invitation can be sent has been notified by participants
to the Procurement Monitoring Bureau, the Procurement Monitoring
Bureau shall send the information on the complaint examination
meeting to the participants also by electronic mail not later
than on the day when the invitation is published on the website
of the Procurement Monitoring Bureau.
(6) The commission shall hear the opinion of all participants
present. After hearing the participants, it shall continue work
without the presence of the participants.
(7) The commission shall evaluate a complaint on the basis of
the facts referred to by the submitter thereof and the
participants, the explanations of the public service provider,
and the opinion or statement of the expert. If the participants
have not arrived to the complaint examination meeting, the
commission shall examine the complaint on the basis of the facts
available thereto. The commission shall take a decision and,
within three working days after taking thereof, prepare and post
it on the website of the Procurement Monitoring Bureau, and send
it to the public service provider and the submitter of the
complaint, provided that they have indicated electronic mail
address. The decision shall be considered notified on the next
working day after publication thereof on the website of the
Procurement Monitoring Bureau.
(8) The following information shall be indicated in the
decision of the commission:
1) the justification for the establishment of the
commission;
2) the members of the commission and the expert who has
participated in the meeting of the commission;
3) representatives of the submitter of the complaint, the
public service provider, and other participants who have
participated in the meeting of the commission;
4) the identification number of the procurement procedure
regarding which the complaint has been submitted;
5) the facts regarding which the complaint has been submitted,
and the claim of the submitter of the complaint;
6) the most important arguments of the submitter of the
complaint and the public service provider;
7) the justification of the decision;
8) the legal norms applied;
9) the duty delegated to the public service provider and the
deadline by which it must be fulfilled if the commission takes a
decision on measures for elimination of the violations
established;
10) the prohibition or authorisation for the public service
provider to conclude a procurement contract;
11) where and in what term this decision may be appealed.
(9) If the commission has decided on the measures for
elimination of the violations established, the public service
provider shall eliminate the violations, take a decision, notify
on the amendments to the procurement procedure documents, and
submit the amendments thereto, and also notify on the contract
awarding. The decision shall be published in accordance with the
procedures laid down in Section 40 of this Law, and also all
information on taking of the decision and elimination of the
violations established by the commission shall be sent to the
Procurement Monitoring Bureau. In such case the procurement
contract shall be concluded in conformity with Section 65,
Paragraph five of this Law.
Section 76. Appealing a Decision of
the Commission
(1) A decision of the commission may be appealed in the
District Administrative Court in accordance with the procedures
laid down in the Administrative Procedure Law. The case shall be
heard by the court in the composition of three judges.
(2) A ruling of the District Administrative Court may be
appealed in accordance with cassation procedures in the
Department of Administrative Cases of the Supreme Court.
(3) The appeal of the decision of the commission shall not
suspend the operation thereof.
Chapter
XIII
Recognition of a Procurement Contract or Framework Agreement as
Invalid, Amending or Repealing of the Provisions Thereof,
Reduction of the Term of a Procurement Contract or Framework
Agreement
Section 77. Submission of an
Application and Examination of a Matter Regarding Recognition of
a Procurement Contract or Framework Agreement as Invalid,
Amending or Repealing of the Provisions Thereof, or Reduction of
the Term of a Procurement Contract or Framework Agreement
(1) An application regarding recognition of a procurement
contract or framework agreement as invalid, amending or repealing
of the provisions thereof, or reduction of the term of a
procurement contract or framework agreement may be submitted by
the persons referred to in Section 72, Paragraph one of this Law
in the cases referred to in of Section 78, Paragraph one of this
Law.
(2) The application shall be submitted to the District
Administrative Court and it shall examine the case in the
composition of three judges. The examination of the application
and the case shall be subject to the norms of the Administrative
Procedure Law, inter alia, the norms regarding examination of the
public law contract in the court, insofar as it is not laid down
otherwise in this Law.
(3) An application in relation to the violations referred to
in Section 78, Paragraph one of this Law may be submitted within
the following time limits:
1) within six months after the day of conclusion of the
procurement contract or framework agreement (except for the cases
referred to in Clause 2, Sub-clauses "a" and "b" of this
Paragraph);
2) within 30 days after the day when:
a) a notice is published in the Official Journal of the
European Union on the contract awarding in which the public
service provider has included the justification for the decision
to award a procurement contract or framework agreement without
publishing a contract notice,
b) the public service provider has informed the relevant
tenderer of the conclusion of the procurement contract or
framework agreement, indicating the information referred to in
Section 37, Paragraph two, Clause 1 or 2 of this Law thereto, or
the relevant candidate of the conclusion of the contract or
framework agreement, indicating the reasons for rejecting the
application submitted thereby. The abovementioned shall also
apply to the cases specified in Section 78, Paragraph one,
Clauses 5 and 6 of this Law.
(4) Concurrently with submission of an application or during
examination of a case, the applicant may, in the cases and in
accordance with the procedures laid down in the Administrative
Procedure Law, request that an interim measure is applied.
(5) A ruling of the District Administrative Court may be
appealed in accordance with cassation procedures in the
Department of Administrative Cases of the Supreme Court.
(6) If an application regarding recognition of the procurement
contract or framework agreement as invalid, amending or repealing
the provisions thereof or reduction of the term of the
procurement contract or framework agreement is based on the case
not referred to in Section 78 of this Law, the claim shall be
brought to the court of general jurisdiction in accordance with
the procedures laid down in the Civil Procedure Law.
Section 78. Cases when a Procurement
Contract or Framework Agreement may be Recognised as Invalid, the
Provisions Thereof may be Amended or Repealed, or the Term of a
Procurement Contract or Framework Agreement may be Reduced
(1) The court may recognise the procurement contract or
framework agreement as invalid, amend or repeal the provisions
thereof, or reduce the term of the procurement contract or
framework agreement in any of the following cases:
1) the procurement contract or framework agreement has been
concluded without applying the procurement procedures referred to
in Section 13, Paragraph one of this Law if the public service
provider had to apply them;
2) the procurement contract or framework agreement has been
concluded by unjustifiably awarding the rights to enter into a
procurement contract or framework agreement without publishing
contract notice in the Official Journal of the European
Union;
3) the procurement contract or framework agreement has been
concluded without conforming to the term determined in Section
65, Paragraph six of this Law;
4) the procurement contract or framework agreement has been
concluded by violating the prohibition referred to in Section 72,
Paragraph six of this Law to conclude a procurement contract or
framework agreement;
5) the procurement contract has been concluded without
conforming to the requirements referred to in Section 61 of this
Law if the contract price of the particular procurement contract
is equal to or exceeds the thresholds of contract prices
stipulated by the Cabinet;
6) the procurement contract has been concluded without
conforming to the procedures referred to in the Cabinet
regulations governing the establishment and operation of the
dynamic purchasing system if the contract price of the particular
procurement contract is equal to or exceeds the thresholds of
contract prices stipulated by the Cabinet.
(2) In the cases referred to in Paragraph one, Clause 1 or 2
of this Section a procurement contract or framework agreement
shall not be recognised as invalid, the provisions thereof shall
not be amended or repealed, the term of a procurement contract or
framework agreement shall not be reduced, even though the law has
been violated, if all of the following conditions are
fulfilled:
1) the public service provider has published the notice
referred to in Section 39, Paragraph one of this Law;
2) the procurement contract or framework agreement was
concluded not earlier than 10 days and additionally one working
day after the day when the notice referred to in Section 39,
Paragraph one of this Law has been published on the website of
the Procurement Monitoring Bureau;
3) the prohibition referred to in Section 72, Paragraph six of
this Law to conclude a procurement contract or framework
agreement has been conformed to.
(3) In the cases referred to in Paragraph one, Clause 5 or 6
of this Section a procurement contract shall not be recognised as
invalid, the provisions thereof shall not be amended or repealed,
the term thereof shall not be reduced, even though the law has
been violated, if all of the following conditions are
fulfilled:
1) the public service provider has informed the tenderers in
accordance with Section 37 of this Law;
2) the particular procurement contract has been concluded in
conformity with the time limit referred to in Section 65,
Paragraph six of this Law;
3) the prohibition referred to in Section 72, Paragraph six of
this Law to conclude a procurement contract has been conformed
to.
Section 79. Court Judgment on a
Procurement Contract or Framework Agreement
(1) If a court establishes that a procurement contract or
framework agreement has been concluded in violation of the norms
of this Law and concludes that the application should be
satisfied, it shall, in conformity with the provisions of this
Law, select itself one of the following types of judgment:
1) recognise the procurement contract or framework agreement
as invalid from the moment of conclusion thereof;
2) amend or repeal the provisions of the procurement contract
or framework agreement. Upon adopting such judgment, the court
shall also reduce the term of the procurement contract or
framework agreement;
3) reduce the term of the procurement contract or framework
agreement.
(2) A court, upon selecting one of the types of the judgment
referred to in Paragraph one of this Section, shall not be bound
by the subject matter of the application indicated by the
applicant and the thresholds of the claim.
(3) A court, upon selecting the type of the judgment referred
to in Paragraph one, Clause 1 or 2 of this Section, shall
evaluate which type of the judgment is sufficiently commensurate,
effective, and preventive in the particular case in order to
ensure that the public service provider would not commit the
violations of this Law in future. The court shall adopt the
judgment referred to in Paragraph one, Clause 3 of this Section
only in the cases referred to in Paragraphs four and five of this
Section.
(4) A court shall not adopt the judgment referred to in
Paragraph one, Clause 1 or 2 of this Section if it is essential
for the public interests to preserve the consequences caused by
the procurement contract or framework agreement. Financial
consequences (for example, costs due to delay of performance,
change of the contractor, sanctions or other legal liabilities)
shall not be deemed per se sufficient grounds for not adopting
the judgment referred to in Paragraph one, Clause 1 or 2 of this
Section.
(5) If a procurement contract or framework agreement has been
concluded without conforming to the term referred to in Section
65, Paragraph six of this Law or in violation of the prohibition
referred to in Section 72, Paragraph six of this Law to conclude
a procurement contract or framework agreement, and it is
established that the procurement procedure, until taking of the
decision on determination of the winner, has been performed in
accordance with the requirements of this Law, or the
abovementioned decision has not affected the chances of the
tenderer who has submitted an application to be awarded with the
procurement contract, the court shall adopt the judgment referred
to in Paragraph one, Clause 2 or 3 of this Section.
(6) Upon adopting any of the judgments referred to in
Paragraph one, Clauses 1 and 2 of this Section, a court shall
take the decision on validity of such procurement contracts which
have been concluded on the basis of the relevant framework
agreement.
(7) A court shall send a true copy of the court judgment to
the Procurement Monitoring Bureau and the Ministry of
Finance.
[21 February 2019]
Chapter
XIV
Compensation for Losses
Section 80. Compensation for
Losses
(1) Losses caused within the scope of administrative
proceedings shall be compensated in accordance with the laws and
regulations governing the administrative procedure and the
procedures for the compensation for losses caused by State
administration institutions.
(2) If compensation is requested concurrently with the claim
referred to in Section 77 of this Law, a court shall adjudge it
by examining the relevant application and adopting any of the
judgments referred to in Section 79, Paragraph one of this Law.
The burden of proof regarding existence of such losses and the
amount of compensation shall lie with the applicant. Following
the day when the judgment enters into effect, the compensation
for such losses may be requested in accordance with the civil law
procedures.
(3) Upon submitting a complaint to the Procurement Monitoring
Bureau in accordance with Section 72 of this Law, the
compensation for losses is not requested. The compensation for
losses caused by a public service provider may be requested
concurrently with the submission of an application to a court or
by turning to the public service provider in accordance with the
procedures laid down in the laws and regulations governing
compensation for losses caused by State administration
institutions.
Chapter
XV
Statistical Report and Administrative Cooperation
Section 81. Online Repository of
Certificates
Public service providers can use online repository of
certificates (e-Certis) in order to obtain information on the
certificates and other documents issued by the competent
authorities to the economic operators registered (permanently
residing) in a European Union Member State.
Section 82. Administrative
Cooperation for Ensuring Exchange of Information
To reach the purpose of this Law, the responsible authorities
of Latvia shall cooperate with and consult the responsible
authorities of other European Union Member States in order to
obtain and clarify the necessary information on the documents
issued by the European Union Member States and the content
thereof.
Section 83. Statistical Reports
(1) A public service provider shall, by 1 March every year,
submit statistical reports to the Procurement Monitoring Bureau
in accordance with the procedures stipulated by the Cabinet. The
Cabinet shall determine the content of the statistical
reports.
(2) Other information shall also be included in the
statistical report, if it is provided for by the Public
Procurement Agreement of the World Trade Organisation, and also
if it is requested by the European Commission.
Chapter
XVI
Procedures by Which a Particular Activity Shall be Recognised as
Being Performed under the Conditions of Free Competition
Section 84. Recognition of a
Particular Activity as Being Performed under the Conditions of
Free Competition
(1) In order to apply Section 10, Paragraph one, Clause 14 of
this Law, the case regarding whether any of the activities
referred to in Section 3, 4, 5, 6, or 7 of this Law are being
performed under the conditions of free competition shall be
decided based on the criteria stipulated by the Cabinet and which
conform to the rules on competition of the Treaty on the
Functioning of the European Union.
(2) Within the meaning of Section 10, Paragraph one, Clause 14
of this Law, the activities referred to in Section 3, 4, 5, 6, or
7 of this Law are regarded to be performed under the conditions
of free competition if in relation to the transportation or
distribution of gas or heat energy, the production, transmission,
or distribution of electricity, production, transport or
distribution of drinking water, in relation to public service
providers operating in the field of railway transport services,
city railway, tram, trolley bus, or bus services, postal
services, in the field of airport services, sea ports, or
domestic ports, or in the field of other terminal services, and
in relation to the extraction of oil or gas, and exploration and
extraction of coal or solid fuel of other type the requirements
of the laws and regulations of the relevant sector are
applied.
(3) If, based on Paragraph two of this Section, it cannot be
accepted that the relevant market is freely available, the free
availability of the particular market shall be proved factually
and legally.
(4) Section 10, Paragraph one, Clause 14 of this Law shall be
applicable if one of the following is fulfilled:
1) if the requirements of the laws and regulations of the
relevant sector referred to in Paragraph two of this Section are
applied in order to establish that the activities referred to in
Section 3, 4, 5, 6, or 7 of this Law are regarded to be performed
under the conditions of free competition, the European Commission
shall, within the time limit stipulated thereby which is not less
than 90 working days from the day when it, upon receipt of the
requirement referred to in Section 85, Paragraph one, Clause 1 or
2 of this Law (except for the case when the extension of the time
limit is determined), has taken the decision by which it
recognises that the particular activity referred to in Section 3,
4, 5, 6, or 7 of this Law is performed in Latvia under the
conditions of free competition;
2) if the requirements of the laws and regulations of the
relevant sector referred to in Paragraph two of this Section are
not applied in order to establish that the activities referred to
in Section 3, 4, 5, 6, or 7 of this Law are regarded to be
performed under the conditions of free competition, the European
Commission shall, within the time limit stipulated thereby which
is not less than 130 working days from the day when it, upon
receipt of the requirement referred to in Section 85, Paragraph
one, Clause 1 or 2 of this Law (except for the case when the
extension of the time limit is determined), has taken the
decision by which it recognises that the particular activity
referred to in Section 3, 4, 5, 6, or 7 of this Law is performed
in Latvia under the conditions of free competition;
3) the European Commission has not taken a decision within the
time limit referred to in Clause 1 or 2 of this Paragraph.
(5) The ministry responsible for the sector or the public
service provider may significantly amend its claim upon consent
of the European Commission, especially in relation to the
activities or particular geographic regions. If the ministry
responsible for the sector or the public service provider
significantly amend its claim, the claim shall be regarded to be
submitted anew and shall be examined within the time limits
referred to in Paragraph four of this Section, unless the
ministry responsible for the sector or the public service
provider has agreed on a shorter time limit for the examination
thereof.
(6) If the responsible ministry of the relevant sector or the
public service provider fails to append the opinion of the
authority competent for monitoring of the relevant activity
referred to in Section 3, 4, 5, 6, or 7 of this Law to the
request, it shall be the basis for the extension of the time
limits referred to in Paragraph four, Clauses 1 and 2 of this
Section for 15 working days.
(7) The time limits referred to in Paragraph four, Clauses 1
and 2 and Paragraph six of this Section shall start on the next
working day after the day when the European Commission has
received all the necessary information. If the requested
information is incomplete, the counting of the time limits shall
start on the next working day after submission of complete
information. The time limits referred to in Paragraph four,
Clauses 1 and 2 of this Section may be extended if the ministry
responsible for the sector or the public service provider has
agreed thereon with the European Commission.
(8) The ministry responsible for the sector, the public
service provider, and the competent authorities shall provide the
opinion, supplement or clarify the submitted information upon
request of the European Commission within the time limit
stipulated thereby. Provision of delayed or incomplete replies
provides the grounds to suspend the counting of the time limits
referred to in Paragraph four Clauses 1 and 2 and Paragraph six
of this Section from expiry of the time limit specified in the
information request until receipt of complete and correct
information in the European Commission.
Section 85. Submission of a Claim to
the European Commission
(1) In order to apply Section 10, Paragraph one, Clause 14 of
this Law:
1) the ministry responsible for the sector is entitled to take
a decision that the particular activity referred to in Section 3,
4, 5, 6, or 7 of this Law is performed in Latvia under the
conditions of free competition. The relevant ministry shall
notify the European Commission on the decision taken, requesting
an evaluation and recognition that the particular activity
referred to in Section 3, 4, 5, 6, or 7 of this Law is performed
in Latvia under the conditions of free competition;
2) the public service provider is entitled to submit a claim
to the European Commission that it recognises that the particular
activity referred to in Section 3, 4, 5, 6, or 7 of this Law is
performed in Latvia under the conditions of free competition.
(2) The criteria according to which the ministry responsible
for the sector or the public service provider shall evaluate
whether the particular activity referred to in Section 3, 4, 5,
6, or 7 of this Law is performed in Latvia under the conditions
of free competition, and also the contents of the claims referred
to in Paragraph one of this Section and the procedures by which
they shall be submitted to the European Commission shall be
determined by the Cabinet.
(3) If during examination of a claim, a new claim is submitted
regarding the same object, it shall be examined concurrently with
the previously submitted claim within the scope of one
procedure.
Section 86. Co-operation with the
European Commission
If a public service provider has submitted a claim to the
European Commission to which the opinion of the authority
competent for monitoring of the particular activity is not
appended, the ministry responsible for the sector, upon request
of the European Commission, shall provide the necessary
information thereto by appending, where possible, the opinion of
the authority competent for monitoring of the particular
activity.
Chapter
XVII
Other Provisions
Section 87. Procedures for the
Enforcement of the Decision on the Prohibition to Hold Offices of
Public Officials
[5 December 2019 / See Paragraph 10 of Transitional
Provisions]
Section 88. Application of the Works
Contract Vocabulary
If the CPV data of the procurement vocabulary referred to in
Annex 1 to this Law differ from the NACE nomenclature which is
specified in Commission Regulation (EC) No 29/2002 of 19 December
2001 amending Council Regulation (EEC) No 3037/90 on the
statistical classification of economic activities in the European
Community, the relevant CVP nomenclature shall be applied.
Section 89. Electronic Invoices
A public service provider shall accept an electronic invoice
conforming to the laws and regulations regarding the applicable
standard of an electronic invoice and the specifications for the
use of its key elements and the procedures for its handling, and,
if it is provided for in the procurement contract, shall include
additional elements according to the abovementioned laws and
regulations. The Cabinet shall determine the applicable standard
for an electronic invoice and the specifications for the use of
its key elements and the procedures for its handling.
[21 February 2019 / See Paragraph 9 of Transitional
Provisions]
Chapter
XVIII
Administrative Offences in the Field of Procurements of Public
Service Providers and Competence in the Administrative Offence
Proceedings
[5 December 2019 / Chapter shall
come into force on 1 July 2020. See Paragraph 10 of Transitional
Provisions]
Section 90. Unlawful Conclusion of a
Contract
(1) For conclusion of a procurement contract or a framework
agreement or for the performance of any other such transaction
which conforms to the nature of a procurement contract or a
framework agreement, if the procurement procedure specified in
this Law or other procedures for the contract awarding laid down
in this Law which had to be applied have not been applied, a fine
from thirty to two hundred and forty units of fine shall be
imposed.
(2) For conclusion of a procurement contract or a framework
agreement if inappropriately selected procurement procedure or
other procedures for the contract awarding laid down in this Law
have been applied, a fine from thirty to two hundred and forty
units of fine shall be imposed.
(3) For conclusion of a procurement contract or a framework
agreement if the notice specified in this Law has not been
published on the website of the Procurement Monitoring Bureau and
in the Official Journal of the European Union, if it should have
been posted on both websites upon commencement of the
procurement, a fine from thirty to two hundred and forty units of
fine shall be imposed.
(4) For the activities referred to in Paragraph one, two, or
three of this Section if the contract price of the concluded
procurement contract or framework agreement or of other
transaction performed is EUR 145 000 or more, a fine from seventy
to four hundred units of fine and a prohibition to exercise
rights - a prohibition to hold such offices for the time period
from one to two years the duties of which include taking of
decisions in the field of public procurements and public-private
partnership or conclusion of procurement contracts, framework
agreements, partnership procurement contracts, or concession
contracts - shall be imposed.
[5 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 10 of Transitional Provisions]
Section 91. Failure to Conform to
the Provisions for the Prevention of a Conflict of Interests
(1) For the failure to ensure the signing of the certification
specified in this Law on non-existence of such circumstances due
to which it could be regarded that the person preparing the
procurement procedure documents, members of the procurement
commission, the secretary of the procurement commission, or
experts are interested in the selection or activity of a
particular candidate or tenderer, or are related to a particular
candidate or tenderer, a warning or a fine from fourteen to
seventy units of fine shall be imposed.
(2) For the failure to conform to the prohibition specified in
this Law in relation to the officials and employees of the public
service provider who are preparing the procurement procedure
documents, to the members of the procurement commission, the
secretary of the procurement commission, and experts to represent
the interests of a candidate or tenderer, and also for failing to
conform to the prohibition to be related to a candidate or
tenderer, a fine from fourteen to one hundred and forty units of
fine shall be imposed.
[5 December 2019; 5 May 2022]
Section 92. Failure to Conform to
the Provisions for the Exclusion of Candidates and Tenderers, the
Requirements for Their Selection, and the Requirements of
Technical Specifications
(1) For failure to conform to the provisions for the exclusion
of candidates and tenderers specified in this Law if the
candidate or tenderer has been unjustifiably excluded or has not
been unjustifiably excluded from participation in the procurement
and it has affected the decision on the results of candidate
selection or the decision on awarding the contract, a fine from
fourteen to seventy units of fine shall be imposed.
(2) For failure to conform to the requirements for the
selection of candidates and tenderers or the requirements of
technical specifications laid down in the procurement procedure
documents if the application of the candidate or tender of the
tenderer has been unjustifiably rejected or unjustifiably
recognised as non-conforming to the requirements laid down in the
procurement procedure documents and it has affected the decision
on the results of candidate selection or the decision on awarding
the contract, a fine from fourteen to seventy units of fine shall
be imposed.
[5 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 10 of Transitional Provisions]
Section 93. Failure to Conform to
the Provisions for the Conclusion of a Procurement Contract and a
Framework Agreement and for the Making Amendments Thereto
(1) For conclusion of a procurement contract or a framework
agreement if the waiting period specified in this Law has not
been conformed to, however, it should have been conformed to, a
fine from thirty to two hundred and forty units of fine shall be
imposed.
(2) For conclusion of a procurement contract or a framework
agreement if the prohibition specified in this Law to conclude s
procurement contract or a framework agreement after the
Procurement Monitoring Bureau has received a complaint on
violations of the procurement procedure, or the prohibition
stipulated by the complaint examination commission of the
Procurement Monitoring Bureau to conclude the relevant
procurement contract or framework agreement has not been
conformed to, a fine from thirty to two hundred and forty units
of fine shall be imposed.
(3) For conclusion of a procurement contract or a framework
agreement if the provisions provided for in the procurement
procedure documents have not been included or different
provisions have been included therein, and if such possibility
has not been provided for in the procurement procedure documents
in accordance with the requirements of this Law or other
provisions for amending a procurement contract and a framework
agreement specified in this Law have not been conformed to, a
fine from thirty to two hundred and forty units of fine shall be
imposed.
(4) For making amendments to a procurement contract or the
text of a framework agreement if the provisions for amending a
procurement contract or a framework agreement specified in this
Law have not been conformed to, a fine from thirty to two hundred
and forty units of fine shall be imposed.
(5) For the activities referred to in Paragraph one, two,
three, or four of this Section if the contract price of the
concluded procurement contract or framework agreement or the
total contract price of amendments is EUR 145 000 or more, a fine
from seventy to four hundred units of fine and a prohibition to
exercise rights - a prohibition to hold such offices for the time
period from one to two years the duties of which include taking
of the decisions in the field of public procurements and
public-private partnership or conclusion of procurement
contracts, framework agreements, partnership procurement
contracts, or concession contracts - shall be imposed.
[5 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 10 of Transitional Provisions]
Section 94. Failure to Provide
Documents and Information
(1) For failure to conform to the provisions included in this
Law and the laws and regulations issued on the basis of this Law
during preparation of applications, tenders, or designs or
establishment or maintenance of the qualification system in
relation to ensuring the accessibility of the procurement
procedure documents, the issuing of the procurement procedure
documents, or the provision of additional information, a warning
or a fine from fourteen to seventy units of fine shall be
imposed.
(2) For failure to conform to the procedures by which
candidates, tenderers, and participants of a design contest shall
be informed of the results of a procurement or economic operators
shall be informed of their inclusion in the qualification system
or exclusion therefrom, a warning or a fine from fourteen to
seventy units of fine shall be imposed.
(3) For failure to conform to the requirements in relation to
the issuing of the minutes of the procurement commission, and
also failure to conform to the requirements for the preparation,
publishing, or issuing of the procurement procedure or design
contest report, a warning or a fine from fourteen to seventy
units of fine shall be imposed.
(4) For failure to publish the procurement contract, framework
agreement, or amendments thereto, a warning or a fine from
fourteen to seventy units of fine shall be imposed.
(5) For failure to submit a statistical report within the time
period specified in this Law or for the submission of an
incomplete report, a warning or a fine from fourteen to seventy
units of fine shall be imposed.
[5 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 10 of Transitional Provisions]
Section 95. Competence within the
Administrative Offence Proceedings
Administrative offence proceedings for the offences referred
to in Sections 90, 91, 92, 93, and 94 of this Law shall be
conducted by the Procurement Monitoring Bureau.
[5 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 10 of Transitional Provisions]
Section 96. Procedures for the
Execution of the Decision to Prohibit the Exercising of the Right
to Hold Offices
(1) The Procurement Monitoring Bureau shall, within one
working day after the decision in an administrative offence case
has been communicated to the person upon whom a prohibition to
exercise the rights has been imposed - the prohibition to hold
such offices the duties of which include taking of the decisions
in the field of public procurements and public-private
partnership or conclusion of procurement contracts, framework
agreements, partnership procurement contracts, or concession
contracts, inform all the authorities known to the Procurement
Monitoring Bureau in which the relevant person holds such office,
and also the higher authorities of such authorities (except for
the case when there is no higher authority or the Cabinet is the
higher authority) or owners or holders of capital shares, if the
relevant authority is a capital company, of the decision
taken.
(2) The Procurement Monitoring Bureau shall, within three
working days after receipt of the information on the fact that
the decision in the administrative offence case in which a
prohibition to exercise the rights has been imposed - the
prohibition to hold such offices the duties of which include
taking the decisions in the field of public procurements and
public-private partnership or conclusion of procurement
contracts, framework agreements, partnership procurement
contracts, or concession contracts, has entered into effect, send
the relevant information to the authorities referred to in
Paragraph one of this Section, and also publish on the
publication management system the given name, surname, personal
identity number (if none, the date and country of birth) of the
person held administratively liable and the time period for
execution of the penalty. The abovementioned information shall be
available in the publication management system for the users
registered therein for the performance of the duties specified in
the law until the day when the enforcement of the penalty
ends.
(3) The authority in which the person upon whom a prohibition
to exercise the rights has been imposed - the prohibition to hold
such offices the duties of which include taking of the decisions
in the field of public procurements and public-private
partnership or conclusion of procurement contracts, framework
agreements, partnership procurement contracts, or concession
contracts, holds such offices, has an obligation to ensure that
after entering into effect of the decision in the administrative
offence case the relevant person does not hold such office, does
not take the decisions, and does not conclude contracts.
[5 December 2019; 5 May 2022]
Transitional
Provisions
1. With the coming into force of this Law, the Law on the
Procurements of Public Service Providers (Latvijas
Vēstnesis, 2010, No. 140; 2013, No. 188, 191; 2015, No. 107;
2016, No. 57, 95) is repealed.
2. If, unless it is laid down otherwise in Paragraph 3 of
Transitional Provisions, the procurement or the procurement
procedure has been announced or the decision on commencement of
the procurement or the procurement procedure, if it is not
required to announce the procurement or the procurement
procedure, has been taken prior to the day of coming into force
of this Law, then the procurement or the procurement procedure
shall be completed, including contested or appealed, in
accordance with the provisions of the law which was in force on
the day of announcement of the relevant procurement or the
procurement procedure or taking of the decision on commencement
thereof, except for the provisions included in Section 33,
Paragraph two, Section 34, Paragraph two, Section 36, Paragraph
five, Section 38, and Section 39, Paragraph one of this Law. The
framework agreements concluded shall be administered in
accordance with the provisions of the law which was in force on
the day of announcement of the relevant procurement or the
procurement procedure and as a result whereof the framework
agreement was concluded.
3. The provisions of Section 48, Paragraph one, Clause 6 and
Clause 7, Sub-clause "b" of this Law shall also be referred to
those procurement procedures and procurements (if it has been
intended to apply the relevant provisions of Section 48 of this
Law) which had been announced until 31 March 2017, unless the
candidate or tenderer has not been excluded from participation in
the procurement procedure or procurement until 31 March 2017.
Section 42, Paragraph one, Clauses 2 and 3 of the Law on the
Procurements of Public Service Providers which was in force until
31 March 2017 shall not be applied to the procurement procedures
or procurements which had been announced until 31 March 2017,
unless the candidate or tenderer has not been excluded from
participation in the procurement procedure until 31 March
2017.
4. Section 44, Paragraph one of this Law shall be applied:
1) in relation to the procurement procedures implemented by
the central purchasing bodies where the estimated contract price
is equal to or higher than the thresholds of contract prices
stipulated by the Cabinet - starting from 18 April 2017;
2) in relation to the procurement procedures where the
estimated contract price is equal to or higher than the contract
price thresholds stipulated by the Cabinet - starting from 1
October 2017.
5. The Procurement Monitoring Bureau shall publish in the
publication management system the information referred to in
Section 87, Paragraph three of this Law on all decisions in the
administrative offence cases in the field of public procurements
and public-private partnership, where the prohibition is imposed
to hold the offices of a public official, which have entered into
effect and the execution whereof has not been terminated.
6. If the decision taken in the administrative offence case in
the field of public procurements and public-private partnership
where the prohibition is imposed to hold the offices of a public
official has been communicated to the person who has been held
administratively liable prior to coming into force of this Law
and it has not yet come into force, the Procurement Monitoring
Bureau shall fulfil the duty referred to in Section 87, Paragraph
one of this Law in relation to such decision by 10 April
2017.
7. The public service providers shall submit the statistical
reports for 2016, applying Cabinet Regulation No. 121 of 1 March
2016, Regulations Regarding the Templates for Official
Statistical Forms in the Field of Procurement and the Procedures
for Submitting and Completing the Forms.
8. [30 April 2020]
9. Section 65, Paragraph two, Clause 8.1 and
Section 89 of this Law shall be applied to the payment of such
procurement contracts for which the procurement or the
procurement procedure has been announced or the decision on
commencement of the procurement or the procurement procedure, if
it is not required to announce the procurement or the procurement
procedure, has been taken starting from 18 April 2020.
[21 February 2019]
10. Amendment to this Law which provides for the replacement
of the words "prohibition to hold the office of public official"
with the words "prohibition to exercise rights - a prohibition to
hold such offices the duties of which include taking the
decisions in the field of public procurements and public-private
partnership or conclusion of procurement contracts, framework
agreements, partnership procurement contracts, or concession
contracts" in Clause 26 of Section 1, amendment regarding the
rewording of Section 29, Paragraph one, amendment regarding the
exclusion of Section 87, and Chapter XVIII shall come into force
concurrently with the Law on Administrative Liability.
[5 December 2019]
11. From 1 January 2026, a clean road transport vehicle, in
accordance with Section 1, Clause 31.1, Sub-clause "a"
of this Law, shall be considered a road transport vehicle of
category M1, M2, or N1 with
tailpipe emissions of zero CO2 g/km.
[2 September 2021]
12. The percentage of clean road transport vehicles in each
procurement of road transport vehicles as specified in Section
21, Paragraph four of this Law shall be as follows:
1) from the date of coming into force of the relevant
provision until 31 December 2025 - 22 per cent for road transport
vehicles of category M1, M2, or
N1;
2) from 1 January 2026 until 31 December 2030 - 22 per cent
for road transport vehicles of category M1,
M2, or N1;
3) from the date of coming into force of the relevant
provision until 31 December 2025 - 8 per cent for road transport
vehicles of category N2 or N3;
4) from 1 January 2026 until 31 December 2030 - 9 per cent for
road transport vehicles of category N2 or
N3;
5) from the date of coming into force of the relevant
provision until 31 December 2025 - 35 per cent for class I and
class A road transport vehicles of category M3;
6) from 1 January 2026 until 31 December 2030 - 50 per cent
for class I and class A road transport vehicles of category
M3;
7) from 1 January 2031, the percentage of clean road transport
vehicles specified in Sub-clauses 2, 4, and 6 of this Clause
shall be applicable to each five-year period.
[2 September 2021]
13. The requirements referred to in Section 21, Paragraphs
four, five, and six of this Law shall be applicable to
procurement procedures which have been announced or, if the
procurement procedure is not to be announced, the decision to
start the procurement procedure has been taken starting from the
day of coming into force of these legal provisions.
[2 September 2021]
14. If the procurement or the procurement procedure has been
announced or the decision on commencement of the procurement or
the procurement procedure, if it is not required to announce the
procurement or the procurement procedure, has been taken by 31
December 2022, then the procurement or the procurement procedure
shall be completed, including contested or appealed, in
accordance with the provisions of the Law which had been in force
on the day of announcement of the relevant procurement or the
procurement procedure or taking of the decision on commencement
thereof, except for the provisions included in Section 44,
Paragraph four, Section 65, Paragraph ten, and Section 72,
Paragraph four of this Law.
[24 March 2022]
15. The public service provider shall make an entry in the
Contract Register for such procurement contract and framework
agreement which have been entered into starting from 1 January
2023.
[5 May 2022]
16. If, after establishment of the dynamic procurement system,
candidates or tenderers in a procurement procedure are verified
in relation to conformity with the provisions for exclusion, and
also subcontractors are verified in a procurement or procurement
procedure after entering into a contract in relation to
conformity with the provisions for exclusion, the abovementioned
verification shall be performed in accordance with the provisions
of this Law which are in force on the day of performing the
verification.
[5 May 2022]
Informative
Reference to Directives of the European Union
[21 February 2019; 2 September
2021]
This Law contains norms arising from:
1) Council Directive 92/13/EEC of 25 February 1992
co-ordinating the laws, regulations and administrative provisions
relating to the application of Community rules on the procurement
procedures of entities operating in the water, energy, transport
and telecommunications sectors;
2) Directive 2007/66/EC of the European Parliament and of the
Council of 11 December 2007 amending Council Directives
89/665/EEC and 92/13/EEC with regard to improving the
effectiveness of review procedures concerning the award of public
contracts;
3) Directive 2009/33/EC of the European Parliament and of the
Council of 23 April 2009 on the promotion of clean and
energy-efficient road transport vehicles;
4) Directive 2014/25/EU of the European Parliament and of the
Council of 26 February 2014 on procurement by entities operating
in the water, energy, transport and postal services sectors and
repealing Directive 2004/17/EC;
5) Directive 2014/55/EU of the European Parliament and of the
Council of 16 April 2014 on electronic invoicing in public
procurement;
6) Directive (EU) 2019/1161 of the European Parliament and of
the Council of 20 June 2019 amending Directive 2009/33/EC on the
promotion of clean and energy-efficient road transport
vehicles.
The Law shall come into force on 1 April 2017.
The Law has been adopted by the Saeima on 2 February
2017.
President R. Vējonis
Rīga, 16 February 2017
Law on the Procurements of Public
Service Providers
Annex 1
Works
Contract Vocabulary |
Classification of Economic Activities in the
European Union (NACE) |
CPV code |
SECTION F |
CONSTRUCTION |
Division |
Group |
Class |
Subject |
Notes |
45 |
|
|
Construction |
This division includes:
construction of new buildings and construction work,
restoration and common repairs
|
45000000 |
|
45.1 |
|
Site preparation |
|
45100000 |
|
|
45.11 |
Demolition and wrecking of
buildings; earth moving |
This class includes:
1) demolition of buildings and other structures;
2) clearing of building sites;
3) earth moving: excavation, landfill, levelling and
grading of construction sites, trench digging, rock
removal, blasting, etc.;
4) site preparation for mining: overburden removal and
other development and preparation of mineral properties and
sites.
This class also includes:
1) building site drainage;
2) drainage of agricultural or forestry land.
|
45110000 |
|
|
45.12 |
Test drilling and boring |
This class includes: test drilling, test boring and core
sampling for construction, geophysical, geological or
similar purposes.
This class excludes:
1) drilling of production oil or gas wells,
see 11.20;
2) water well drilling,
see 45.25;
3) shaft sinking,
see 45.25;
4) oil and gas field exploration, geophysical,
geological and seismic surveying,
see 74.20.
|
45120000 |
|
45.2 |
|
Building of complete
constructions or parts thereof; civil engineering |
|
45200000 |
|
|
45.21 |
General construction of
buildings and civil engineering works |
This class includes:
1) construction of all types of buildings construction
and civil engineering constructions;
2) bridges, including those for elevated highways,
viaducts, tunnels and subways;
3) long-distance pipelines, communication and power
lines;
4) urban pipelines, urban communication and power
lines;
5) ancillary urban work;
6) assembly and erection of prefabricated constructions
on the site.
This class excludes:
1) service activities incidental to oil and gas
extraction,
see 11.20;
2) erection of complete prefabricated constructions from
self-manufactured parts not of concrete,
see divisions 20, 26 and 28;
3) construction work, other than buildings, for
stadiums, swimming pools, gymnasiums, tennis courts, golf
courses and other sports installations;
see 45.23;
4) building installation,
see 45.3;
5) building completion,
see 45.4;
6) architectural and engineering activities,
see 74.20;
7) project management for construction,
see 74.20.
|
45210000
Excluding:
45213316
45220000
45231000
45232000
|
|
|
45.22 |
Erection of roof covering and
frames |
This class includes:
1) erection of roofs;
2) roof covering;
3) waterproofing.
|
45261000 |
|
|
45.23 |
Construction of highways, roads,
airfields and sport facilities |
This class includes:
1) construction of highways, streets, roads and other
vehicular and pedestrian ways;
2) construction of railways;
3) construction of airfield runways;
4) construction work, other than buildings, for
stadiums, swimming pools, gymnasiums, tennis courts, golf
courses and other sports installations;
5) painting of markings on road surfaces and car
parks.
This class excludes preliminary earth moving,
see 45.11
|
45212212
and DA03
45230000
Excluding:
45231000
45232000
45234115
|
|
|
45.24 |
Construction of water
projects |
This class includes:
1) construction of waterways, harbour and river works,
pleasure ports (marinas), locks, etc.;
2) dams and dykes;
3) dredging;
4) subsurface work.
|
45240000 |
|
|
45.25 |
Other construction work
involving special trades |
This class includes:
1) construction activities specialising in one aspect
common to different kinds of structures, requiring
specialised skill or equipment;
2) construction of foundations, including pile
driving;
3) water well drilling and construction, shaft
sinking;
4) assembly of non-self-manufactured steel elements;
5) steel bending;
6) bricklaying and stone setting;
7) scaffolds and work platform erecting and dismantling,
including renting of scaffolds and work platforms;
8) erection of chimneys and industrial ovens.
This class excludes renting of scaffolds without
erection and dismantling,
see 71.32
|
45250000
45262000
|
|
45.3 |
|
Building installation |
|
45300000 |
|
|
45.31 |
Installation of electrical
wiring and fittings |
This class includes installation in buildings or other
construction projects of:
1) electrical wiring and fittings;
2) telecommunications systems;
3) electrical heating systems;
4) residential antennae;
5) fire alarms;
6) burglar alarm systems;
7) lifts and escalators;
8) lightning conductors, etc.
|
45213316
45310000
Excluding:
45316000
|
|
|
45.32 |
Insulation work activities |
This class includes installation in buildings or other
construction projects of thermal, sound or vibration
insulation.
This class excludes waterproofing,
see 45.22
|
45320000 |
|
|
45.33 |
Plumbing |
This class includes installation in buildings or other
construction projects of:
1) plumbing and sanitary equipment;
2) gas fittings;
3) heating,
ventilation, refrigeration or air-conditioning equipment
and ducts;
4) sprinkler systems.
This class excludes installation of electrical heating
systems,
see 45.31
|
45330000 |
|
|
45.34 |
Other building installation |
This class includes:
1) installation of illumination and signalling systems
for roads, railways, airports and harbours;
2) installation in buildings or other construction
projects of fittings and fixtures not elsewhere
classified
|
45234115
45316000
45340000
|
|
45.4 |
|
Building completion |
|
45400000 |
|
|
45.41 |
Plastering |
This class includes application
in buildings or other construction projects of interior and
exterior plaster or stucco, including related lathing
materials. |
45410000 |
|
|
45.42 |
Joinery installation |
This class includes:
1) installation of not self-manufactured doors, windows,
door and window frames, fitted kitchens, staircases, shop
fittings and the like, of wood or other materials;
2) interior completion (ceilings, wooden wall coverings,
movable partitions, etc.).
This class excludes laying of parquet and other wood
floor coverings,
see 45.43
|
45420000 |
|
|
45.43 |
Floor and wall coverings |
This class includes laying, tiling, hanging or fitting in
buildings or other construction projects of:
1) ceramic, concrete or cut stone floor or wall
tiles;
2) parquet and other wood floor coverings carpets and
linoleum floor coverings (including of rubber or
plastic);
3) terrazzo, marble, granite or slate floor or wall
coverings;
4) wallpaper.
|
45430000 |
|
|
45.44 |
Painting and glazing |
This class includes:
1) interior and exterior painting of buildings;
2) painting of civil engineering structures;
3) installation (glass, mirrors, etc.).
This class excludes installation of windows,
see 45.42
|
45440000 |
|
|
45.45 |
Other building completion |
This class includes:
1) installation of private swimming pools;
2) steam cleaning, sand blasting and similar activities
for building exteriors;
3) other building completion and finishing work not
elsewhere classified.
This class excludes interior cleaning of buildings and
other structures,
see 74.70
|
45212212
and DA04
45450000
|
|
45.5 |
|
Renting of construction or
demolition equipment with operator |
|
45500000 |
|
|
45.50 |
Renting of construction or
demolition equipment with operator |
This class excludes renting of construction or demolition
machinery and equipment without operators,
see 71.32
|
45500000 |
Law on the Procurements of Public
Service Providers
Annex 2
Social and other special
services
No. |
Description |
CPV code |
1. |
Health, social and related
services |
75200000-8, 75231200-6,
75231240-8, 79611000-0, 79622000-0 (supply services of
domestic help personnel), 79624000-4 (supply services of
nursing personnel), 79625000-1 (supply services of medical
personnel), from 85000000-9 to 85323000-9, 98133100-5,
98133000-4, 98200000-5, 98500000-8 (private households with
employed persons), from 98513000-2 to 98514000-9 (manpower
services for households, agency staff services for
households, clerical staff services for households, temporary
staff for households, home-help services and domestic
services) |
2. |
Administrative, social,
educational, health care and cultural services |
85321000-5, 85322000-2,
75000000-6 (administration, defence and social security
services), 75121000-0, 75122000-7, 75124000-1, from
79995000-5 to 79995200-7, from 80000000-4 (education and
training services) to 80660000-8, from 92000000-1 to
92700000-8, 79950000-8 (exhibition, fair and congress
organisation services), 79951000-5 (seminar organisation
services), 79952000-2 (event organisation services),
79952100-3 (cultural event organisation services), 79953000-9
(festival organisation services), 79954000-6 (party
organisation services), 79955000-3 (fashion shows
organisation services), 79956000-0 (fair and exhibition
organisation services) |
3. |
Compulsory social security
services |
75300000-9 |
4. |
Benefit services |
75310000-2, 75311000-9,
75312000-6, 75313000-3, 75313100-4, 75314000-0, 75320000-5,
75330000-8, 75340000-1 |
5. |
Other community, social and
personal services including services furnished by trade
unions, political organisations, youth associations and other
membership organisation services |
98000000-3, 98120000-0,
98132000-7, 98133110-8 and 98130000-3 |
6. |
Religious services |
98131000-0 |
7. |
Hotel and restaurant
services |
From 55100000-1 to 55410000-7,
from 55521000-8 to 55521200-0 (55521000-8 catering services
for private households, 55521100-9 meals-on-wheels services,
55521200-0 meal delivery service), 55520000-1 (catering
services), 55522000-5 (catering services for transport
enterprises), 55523000-2 (catering services for other
enterprises or other institutions), 55524000-9 (school
catering services), 55510000-8 (canteen services), 55511000-5
(canteen and other restricted-clientele cafeteria services),
55512000-2 (canteen management services), 55523100-3
(school-meal services) |
8. |
Legal services |
From 79100000-5 to 79140000-7,
75231100-5 |
9. |
Other administrative services
and government services |
From 75100000-7 to 75120000-3,
75123000-4, from 75125000-8 to 75131000-3 |
10. |
Provision of services to the
community |
From 75200000-8 to
75231000-4 |
11. |
Prison related services, public
security and rescue services, provided that they are not to
be excluded in accordance with Section 10, Paragraph one,
Clause 13 of this Law |
From 75231210-9 to 75231230-5,
from 75240000-0 to 75252000-7, 794300000-7, 98113100-9 |
12. |
Investigation and security
services |
From 79700000-1 to 79721000-4
(investigation and security services, security services,
alarm-monitoring services, guard services, surveillance
services, tracing system services, absconder-tracing
services, patrol services, identification badge release
services, investigation services and detective agency
services) 79722000-1 (graphology services), 79723000-8 (waste
analysis services) |
13. |
International services |
98900000-2 (services provided by
extra-territorial organisations and bodies) and 98910000-5
(services specific to international organisations and
bodies) |
14. |
Postal services |
64000000-6 (postal and
telecommunications services), 64100000-7 (post and courier
services), 64110000-0 (postal services), 64111000-7 (postal
services related to newspapers and periodicals), 64112000-4
(postal services related to letters), 64113000-1 (postal
services related to parcels), 64114000-8 (post office counter
services), 64115000-5 (mailbox rental), 64116000-2
(post-restante services), 64122000-7 (internal office mail
and messenger services) |
15. |
Miscellaneous services |
50116510-9 (tyre-remoulding
services), 71550000-8 (blacksmith services) |
Law on the Procurements of Public
Service Providers
Annex 3
[5 May 2022]
International
Conventions in the Social and Environmental Field
1. Forced Labour Convention, 1930 (ILO Convention No. 29).
2. Freedom of Association and Protection of the Right to
Organise Convention, 1948 (ILO Convention No. 87).
3. Right to Organise and Collective Bargaining Convention,
1949 (ILO Convention No. 98).
4. Equal Remuneration Convention, 1951 (ILO Convention No.
100).
5. Abolition of Forced Labour Convention, 1957 (ILO Convention
No. 105).
6. Discrimination (Employment and Occupation) Convention, 1958
(ILO Convention No. 111).
7. Minimum Age Convention, 1973 (ILO Convention No. 138).
8. Vienna Convention for the Protection of the Ozone Layer of
1985 and the Montreal Protocol on Substances that Deplete the
Ozone Layer of 1987.
9. Basel Convention on the Control of Transboundary Movements
of Hazardous Wastes and their Disposal of 22 March 1989 (Basel
Convention).
10. Rotterdam Convention on the Prior Informed Consent
Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade of 10 September 1998 (UNEP/FAO) (PIC
Convention) and its three regional protocols.
11. Worst Forms of Child Labour Convention, 1999 (ILO
Convention No. 182).
12. Stockholm Convention on Persistent Organic Pollutants of
22 May 2001 (Stockholm Convention).
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)