Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
19 September 2013 [shall
come into force on 10 October 2013];
9 November 2017 [shall come into force on 1 December
2017];
21 February 2019 [shall come into force on 18 April
2019];
5 December 2019 [shall come into force on 31 December
2019];
13 October 2022 [shall come into force on 1 January
2023];
5 October 2023 [shall come into force on 25 October
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.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
Law on
Procurements in the Field of Defence and Security
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in this Law:
1) information subject to protection - the information
which in accordance with external laws and regulations is
recognised as an official secret or is to be protected as an
official secret, and also the information which in accordance
with laws and regulations has been recognised as information for
official use only;
2) subcontract - a contract which is concluded in
writing between a tenderer selected by a contracting authority
through a procurement procedure and one or several other economic
operators in order to ensure performance of the contract
concluded by and between the contracting authority and tenderer
selected by the contracting authority through the procurement
procedure and whose subject-matter is the performance of
construction work, supply of products or provision of services
for consideration;
3) life cycle - consecutive stages of a product
(article) from research and development to waste disposal;
4) works contracts, supply contracts, and service contracts
- procurement contracts for pecuniary interest concluded in
writing by one or several contracting authorities and one or
several economic operators and whose subject-matter is:
a) for a works contract - the performance, or both the
performance and building design, of construction work referred to
in Division 45 of the Common Procurement Vocabulary (CPV), or a
structure, and also any other transaction as a result of which
the contracting authority acquires the right to the structure
which is built in conformity with the requirements laid down by
it. For the purposes of this Law, the structure shall mean the
outcome of the abovementioned construction work taken as a whole
that is sufficient for the structure to fulfil the laid down
purpose;
b) for a supply contract - purchase, hire-purchase, lease of a
product or lease of a product with an option to buy. A contract
whose subject-matter is the supply of products and the
insignificant part of which is the process of building-in or
installation of the product shall also regarded as a supply
contract;
c) for a service contract - the services referred to in Annex
1 and 2 to this Law. If the subject-matter of the contract is
both the products and services referred to in Annex 1 and 2 to
this Law and if the monetary value of the services included in
the contract exceeds the value of the products, such contract
shall be considered as a service contract. If the subject-matter
of the contract is the services referred to in Annex 1 and 2 to
this Law and if the performance of the construction work referred
to in Division 45 of the Common Procurement Vocabulary (CPV) is
included in the contract and it is the insignificant part of the
subject-matter of the contract, such contract shall be considered
as a service contract;
5) central purchasing body - a contracting authority,
except for the case when the contracting authority is the subject
of the Law on the Procurement of Public Service Providers, other
than the public authority within the meaning of the
abovementioned Law, and also a European Union institution
which:
a) purchases products or services for the needs of contracting
authorities, or
b) performs procurement procedures in order to conclude a
works contract, supply contract, or service contract or a
framework agreement for the needs of contracting authorities;
51) electronic invoice - an invoice issued,
sent, and received in a structured electronic form allowing to
process it automatically and electronically;
6) electronic auction - a repetitive process involving
electronic means for the presentation of descending prices or new
values of the lots of certain tenders, which occurs after full
evaluation of the tenders, enabling the ranking of the tenders in
a certain sequence according to prices or values of the lots of
certain tenders. Certain works contracts or service contracts
whose subject-matter is intellectual work (such as designing) may
not be the object of electronic auctions;
7) electronic means - means of electronic communication
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
electronic communications networks;
71) procurement procedure document - any
document prepared or referred to by the contracting authority to
describe or determine the elements and requirements of the
procurement or procurement procedure;
8) procurement identification number - a designation
which includes the abbreviation of the name of the contracting
authority, the relevant year and the procurement sequence number
in ascending order. The contracting authority is entitled to
indicate also other information in the end part of the
procurement identification number;
9) common procurement vocabulary (CPV) - a vocabulary
approved by the European Union which is applied in procurement
procedures;
10) procurement procedure - a procedure (restricted
procedure, negotiated procedure, competitive dialogue) in
accordance with which the contracting authority selects economic
operators and awards them the works contracts, supply contracts,
or service contracts;
11) contract price - total remuneration for the
performance of the contract, including all taxes, except for the
value added tax;
12) contracting authority - the contracting authority
within the meaning of the Public Procurement Law and public
service provider within the meaning of the Law on the Procurement
of Public Service Providers;
13) research and development - all activities related
to the fundamental and applied research and experimental
development (production), where the latter may include
technological demonstrations with devices that demonstrate the
performance of the developed concept in a real or simulated
environment;
14) tender security - the payment of a sum of money
provided for in the procurement procedure documents into the
account indicated by the contracting authority, bank guarantee or
insurance for a specific amount of money which the tenderer
submits together with the tender to the contracting authority as
a security for the validity of the tender;
15) economic operator - a natural person or a legal
person or public entity, an association of such persons in any
combination thereof, which offer on the market to perform
construction work, supply products or provide services
respectively;
16) buyer profile - the site of a contracting authority
in the State electronic information system publicly available on
the internet for acceptance of the tenders and applications,
where the contracting authority posts information regarding
subsequent invitations to tender, regarding planned procurements,
concluded contracts, suspended procedures, as well as other
information related to procurements as defined in the laws and
regulations;
17) tenderer - an economic operator who has submitted a
tender under a restricted procedure, negotiated procedure, or a
competitive dialogue;
18) 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 the preparation and submission of
such information to the Procurement Monitoring Bureau,
publication of such information on its website, or sending to the
Publications Office of the European Union for publication in the
Official Journal of the European Union which should be prepared,
submitted, and published in accordance with laws and regulations.
This system shall include information on the persons whereon an
administrative penalty, i.e. a prohibition to exercise the
rights, a prohibition to hold 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 the
offences in the field of public procurement and public-private
partnership;
19) candidate - an economic operator who has submitted
an application to take part in a restricted procedure, negotiated
procedure, or a competitive dialogue;
20) competitive dialogue - a procurement procedure
where all interested economic operators may request the right to
participate and where the contracting authority conducts a
dialogue with the selected candidates with the aim of developing
one or several alternative solutions capable of meeting its
requirements, and on the basis of which the selected candidates
are invited to submit a tender;
21) common technical specifications - technical
specifications laid down in accordance with a procedure
recognised in the European Union Member States and published in
the Official Journal of the European Union;
22) crisis - such situation in any country in which a
harmful event has occurred or is likely to occur which clearly
exceeds the dimensions of harmful events in everyday life and
which substantially endangers the life and health of people, or
has a substantial impact on property values, or requires measures
in order to meet the basic needs of the population. An armed
conflict and war shall be regarded as crises in any case;
23) related person - a person over which the candidate
or tenderer has a direct or indirect decisive influence within
the meaning of the Group of Companies Law, and also a person
which has a decisive influence over the candidate or tenderer or
which (as the candidate or tenderer) is subject to the decisive
influence of another person;
24) negotiated procedure - a procurement procedure
where the contracting authority consults with the selected
economic operators and organises negotiations with one or several
of them regarding the conditions of the contract;
25) restricted procedure - a procurement procedure
where all interested economic operators may request the right to
participate, however, the tenders may only be submitted by the
candidates invited by the contracting authority;
251) personnel security clearance -
personnel security clearance for access to an official secret, a
certificate for access to the classified information of the North
Atlantic Treaty Organization, or a certificate for access to the
classified information of the European Union;
26) technical reference - any product produced by
European standardisation bodies, other than official standards,
according to the procedures adapted to market needs;
27) framework agreement - an agreement between one or
several contracting authorities and one or several economic
operators (or a tenderer selected through a procurement procedure
and one or several subcontractors) the purpose of which is to
establish and characterise the contracts to be concluded within a
certain period of time and to provide for the conditions
according to which such contracts will be concluded (especially
in relation to the prices and, if necessary, the quantity
envisaged);
28) notice - a review which demonstrates the course of
a procurement procedure.
[9 November 2017; 21 February 2019; 5 December 2019; 13
October 2022; 5 October 2023]
Section 2. Purpose of the Law
The purpose of the Law is to ensure:
1) openness of procurements;
2) free competition of economic operators, as well as equal
and fair treatment for them;
3) effective use of the funds of contracting authorities,
minimising the risk of the contracting authorities as far as
possible.
Section 3. Scope of Application of
the Law
(1) This Law shall be applied when concluding works contracts,
supply contracts, and service contracts whose subject-matter
is:
1) products which are especially developed or adapted for
military needs and may be used as weapons, ammunition, or
military equipment, including products of military nature
referred to in a special list in accordance with Article 346 of
the Treaty on the Functioning of the European Union, and their
components and parts;
2) products intended for security purposes, including their
components and parts which contain, process information subject
to protection or are otherwise related to such information;
3) construction work, products or services which are directly
related to the products referred to in Clauses 1 and 2 of this
Paragraph in any stage of their life cycle;
4) construction work or services for specifically military
purposes or such construction work or services intended for
security purposes which are related to information subject to
protection.
(2) The provisions of this Law shall apply also to such works
contracts, supply contracts, and service contracts the purpose of
which is ensuring the logistics needs of the unit of the National
Armed Forces (for example, transportation, warehousing, health
care services, food, and construction work necessary for
logistics needs) and which are concluded in the country other
than a European Union Member State in the situation when forces
are deployed outside the territory of the European Union, and the
contracts for the provision of international operations or
international training shall be concluded with economic operators
located in the area of such operations or training.
(3) If the subject-matter of the contract is the products,
services, or construction work subject to this Law, and also the
products, services, or construction work subject to the Public
Procurement Law or Law on the Procurement of Public Service
Providers, and it is not possible to separate, for objective
reasons, the part of the contract which is not subject to this
Law and conclude separate contracts, the contracting authority is
entitled to apply this Law without applying the Public
Procurement Law and Law on the Procurement of Public Service
Providers.
(4) If the subject-matter of the contract is the products,
services, or construction work subject to this Law, and also the
products, services, or construction work not subject to this Law
and additionally the Public Procurement Law or Law on the
Procurement of Public Service Providers, and it is not possible
to separate, for objective reasons, the part of the contract
which is not subject to this Law and conclude separate contracts,
the contracting authority is entitled to not apply this Law.
(5) The contracting authority shall not apply the Public
Procurement Law and Law on the Procurement of Public Service
Providers also in the case when this Law applies to the
subject-matter of the contract and the contracting authority does
not apply the procurement procedures laid down in Section 6,
Paragraph three of this Law and the procedures laid down in
Paragraph seven for awarding the contracts in accordance with
Section 4 or Section 6, Paragraph one of this Law.
[9 November 2017]
Section 4. Exceptions to the
Application of the Law
(1) This Law shall not be applied to the procurement contracts
which are concluded by the contracting authority on behalf of the
Republic of Latvia or derived public persons thereof with the
contracting authority of another country which, upon concluding
the procurement contract, acts on behalf of the relevant foreign
country or derived public persons (persons equivalent to derived
public persons) thereof on:
1) the products referred to in Section 3, Paragraph one,
Clauses 1 and 2, and also construction work or services referred
to in Clause 4 of this Law;
2) construction work or services which are directly related to
the products referred to in Section 3, Paragraph one, Clauses 1
and 2 of this Law.
(2) This Law shall not be applied if the procurement contract
is awarded in accordance with:
1) specific rules of procedure in conformity with
international agreements concluded between one or several
European Union Member States and one or several countries other
than the European Union Member States;
2) specific rules of procedure in conformity with
international agreements regarding the deployment of forces which
apply to the economic operators of a European Union Member State
or the economic operators of a country other than a European
Union Member State;
3) a specific procedure of an international organisation
regardless of whether the contracting authority of the Member
State of the international organisation concludes the contract
with the economic operator laid down by the international
organisation to which the contract has been awarded by the
relevant international organisation in accordance with the
abovementioned procedure, or the contracting authority thereof
awards the contract in accordance with the abovementioned
procedure;
4) a cooperation programme implemented by two or several
countries based on research and development to create a new
product or necessary for further phases of the life cycle of this
product or its parts. If the agreement on the implementation of
such a cooperation programme has been concluded only between the
European Union Member States, the Member States shall inform the
Commission of the share of research and development expenditure
in relation to the overall cost of the cooperation programme, the
cost-sharing between the Member States, as well as the intended
share of purchases per Member State.
(3) This Law shall not be applied if the contracting authority
concludes a contract on:
1) the purchase or lease of land, existing structure or other
immovable property or the acquisition of other rights to such
immovable property by any financial resources;
2) arbitration and conciliation services;
3) the financial services, with the exception of insurance
services;
4) the services of natural persons under the employment
contracts;
5) research and development services, with the exception of
the services which are fully paid for by the contracting
authority and which are used by the contracting authority only
for its own needs;
6) supplies, services, or construction work for ensuring
intelligence and counterintelligence activities;
7) supplies, services, or construction work in the country
other than a European Union Member State in the situation when
the forces are deployed outside the territory of the European
Union and procurement contracts for the provision of
international operations or international training shall be
concluded with economic operators located in the area of such
operations or training.
(4) This Law shall not be applied if in the case of its
application the contracting authority might have to provide such
information the disclosure of which may endanger the national
security, and the relevant permit of the Cabinet is obtained.
(5) This Law shall not be applied to supply contracts if the
subject-matter thereof is any of the products referred to in
Section 3, Paragraph one, Clause 1 of this Law, components or
parts thereof, and significant national security interests and
ability of the National Armed Forces to perform other tasks laid
down in external laws and regulations depend on security of their
supplies, and the permit of the Cabinet is obtained.
[9 November 2017]
Section 5. Determining the Estimated
Contract Price
(1) The estimated contract price shall be determined prior to
commencement of the procurement procedure as the total planned
payment by the contracting authority for performance of the
contract, which the economic operator may receive from the
contracting authority and other persons. When planning the total
payment, the contracting authority shall take into account any
selection opportunity and any supplements of the contract, all
taxes to be paid in relation to the contract (except for the
value added tax), as well as the value of prizes and payments if
the contracting authority intends to award prizes or payments to
the candidates, tenderers, or participants to a dialogue.
(2) It shall not be allowed to divide estimated construction
work projects, supplies or services into lots in order to avoid
the application of this Law. It shall not be allowed to use such
method for the determination of the estimated contract price
which leads to non-application of this Law.
(3) The estimated contract price of the works contract shall
be the total value of all construction work or structure,
including the contract price of the supplies and services
necessary for the performance of the works contract and which the
contracting authority has intended to correspondingly perform or
provide to the contractor of construction work. The contracting
authority shall not add the estimated contract price of the
supplies and services, which are not necessary for the
performance of the specific works contract, to the estimated
contract price of the works contract, if thus the application of
the requirements of this Law may be avoided in relation to the
relevant supply or service contracts.
(4) If the possible subject-matter of a works contract 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 contracting authority shall apply the requirements of this
Law to each lot if the total amount of the lots is equal to or
exceeds the relevant contract price thresholds referred to in
Section 6, Paragraph one of this Law. For those lots the total
estimated contract price of which is less than 20 per cent of the
total estimated contract price of all the lots, the contracting
authority is entitled to apply such provisions of the procurement
procedures which would apply to these lots in conformity with
Section 6 of this Law by taking into account the estimated
contract price thereof if the estimated contract price of these
lots is less than the contract price thresholds laid down by the
Cabinet, or to not apply the procurement procedures if the
estimated contract price of these lots is less than the contract
price thresholds referred to in Section 6, Paragraph one of this
Law.
(5) If similar products are intended to be purchased, by
concurrently concluding several supply contracts so that they are
contracts concerning lots, the estimated contract price shall be
determined as the total amount of all lots. The contracting
authority shall apply the requirements of this Law to each lot if
the total amount of the lots is equal to or exceeds the relevant
contract price thresholds referred to in Section 6, Paragraph one
of this Law. For those lots the total estimated contract price of
which is less than 20 per cent of the total estimated contract
price of all the lots, the contracting authority is entitled to
apply such provisions of the procurement procedures which would
apply to these lots in conformity with Section 6 of this Law by
taking into account the estimated contract price thereof if the
estimated contract price of these lots is less than the contract
price thresholds laid down by the Cabinet, or to not apply the
procurement procedures if the estimated contract price of these
lots is less than the contract price thresholds referred to in
Section 6, Paragraph one of this Law.
(6) The estimated contract price for supply contracts
providing for hire, hire-purchase or leasing shall be determined
as follows:
1) for 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 longer than 12 months - as the total
contract price for the term of the contract, taking into account
the residual value;
2) for contracts without a fixed term or the contracts the
term of which cannot be defined - as the estimated monthly
payment multiplied by 48.
(7) The estimated contract price for service contracts shall
be determined as follows:
1) for insurance service contracts - as the total sum of the
insurance premiums payable and other forms of remuneration;
2) for service contracts, which include construction, the
designing and modelling of the architecture or engineering
structures - as the total sum of the fee for services,
commission, and other forms of remuneration.
(8) If the total contract price is not indicated for service
contracts, the estimated contract price shall be determined as
follows:
1) for fixed-term contracts where that term is less than 48
months - as the total contract price for the term of the
contract;
2) for contracts without a fixed term or contracts the term of
which exceeds 48 months - as the estimated monthly payment
multiplied by 48.
(9) If regular supply or service contracts are concluded or
the term of the contract is extended in a specific period of
time, 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 changes in quantity or
value which could occur 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) If the estimated contract includes both the supplies and
services, the estimated contract price shall be determined as the
total amount of supplies and services regardless of the size of
their share. In this case the estimated contract price shall
include also the costs for building-in and installation of the
product.
(11) The estimated contract price in case of a framework
agreement shall be the total contract price of all contracts
envisaged during the term of the framework agreement.
Section 6. Types and Application of
Procurement Procedures
(1) The contracting authority which is the subject of the
Public Procurement Law shall apply the procurement procedures
laid down in Paragraph three of this Section and the procedures
laid down in Paragraph seven of this Section for awarding the
contracts if the contract price of the supply contracts or
service contracts is equal to or exceeds EUR 42 000 and the
contract price of the works contracts is equal to or exceeds EUR
170 000. Upon concluding works contracts, supply contracts, or
service contracts, if their contract price is less than the
abovementioned contract price thresholds, however is equal to or
exceeds EUR 10 000 for supply contracts and service contracts,
and is equal to or exceeds EUR 20 000 for works contracts, the
contracting authority which is the subject of the Public
Procurement Law shall carry out the procurement in accordance
with the provisions of Paragraphs nine and ten of this Section.
The contracting authority, which is the subject of the Law on the
Procurement of Public Service Providers, shall apply the
procurement procedures laid down in Paragraph three of this
Section and the procedures laid down in Paragraph seven of this
Section for awarding the contracts if the contract price of the
works contracts, supply contracts, or service contracts is equal
to or exceeds the contract price thresholds laid down by the
Cabinet.
(2) The contracting authority is entitled to apply the
procurement procedures laid down in Paragraph three of this
Section and the procedures laid down in Paragraph seven of this
Section for awarding the contracts also in the case when the
contract price of the works contracts, supply contracts, or
service contracts is less than the contract price thresholds laid
down in Paragraph one of this Section.
(3) There are the following procurement procedures:
1) restricted procedure;
2) negotiated procedure;
3) competitive dialogue.
(4) The contracting authority is entitled to freely choose
restricted procedure or negotiated procedure for concluding the
works contracts, supply contracts, and service contracts by
publishing a contract notice.
(5) The contracting authority is entitled to apply a
competitive dialogue if the contract to be concluded is regarded
to be particularly complex and the contracting authority is
subject to substantial risk that it will not be able to award the
procurement contract or framework agreement under a restricted
procedure or negotiated procedure by publishing a contract
notice. A contract shall be regarded as particularly complex if
there are at least one of the following criteria:
1) it is not objectively possible for the contracting
authority to prepare technical specifications appropriate to its
requirements in accordance with Section 19, Paragraph four,
Clause 2, 3 or 4 of this Law, and it cannot choose the best
tender under restricted procedure or negotiated procedure by
publishing a contract notice;
2) it is not objectively possible for the contracting
authority to determine the legal or financial solution of the
project.
(6) The contracting authority is entitled to apply a
negotiated procedure without publishing a contract notice in
accordance with Section 53 of this Law in the following
cases:
1) when no applications or tenders have been submitted in
response to a previously announced procurement procedure, or the
tenders not complying with the requirements laid down in the
procurement procedure documents have been submitted and
provisions of the procurement contract do not significantly
differ from the requirements necessary for the performance of the
contract provided for in the relevant procurement procedure
announced previously. The contracting authority shall send a
notice to the European Commission upon its request;
2) when the tenders not complying with the requirements laid
down in the procurement procedure documents have been submitted
in response to a previously announced procurement procedure, the
provisions of the procurement contract do not significantly
differ from the requirements necessary for the performance of the
contract provided for in the relevant procurement procedure
announced previously, and if the contracting authority invites to
participate in negotiations only those tenderers who have not
been excluded from the participation in the procurement procedure
in the relevant previously announced procurement procedure in
accordance with Section 44 of this Law and who meet the set
qualification requirements;
3) in the case of military or security crisis if, due to
urgency considerations, it is not possible to apply a restricted
procedure or negotiated procedure by publishing a contract notice
and also in the case when the contracting authority uses all
options of reduction of the terms for submission of applications
and tenders laid down in this Law;
4) if as a result of extraordinary events unforeseeable by the
contracting authority (for example, natural disasters or
accidents) a situation has objectively occurred, where, due to
urgency considerations, it is not possible to apply a restricted
procedure or negotiated procedure by publishing a contract
notice, and also in the case when the contracting authority uses
all options of reduction of the terms for submission of
applications and tenders laid down in this Law - insofar as
necessary to prevent emergency situation. The abovementioned
events which justify the emergency situation may not depend upon
the activities of the contracting authority;
5) if due to technical or such reasons which are related to
protection of exclusive rights the contract may be concluded only
with a specific economic operator;
6) if the subject-matter of the contract is research and
development services;
7) if the subject-matter of the contract is products which are
produced only for research and development, except for the case
when they are mostly produced in order to assess their commercial
viability or recover research and development costs;
8) if the contracting authority is in need of additional
deliveries by the original economic operator (producer) of
products in order to extend or partially replace the already
existing products or installations, because a change of economic
operator (producer ) of products would oblige the contracting
authority to purchase products which would technically differ
from the products already at his or her disposal, and such
difference would result in difficulties related to maintenance
and operation of the products or installations. The duration of
such contract, as well as that of recurrent contracts, may not
exceed five years. In exceptional cases, the abovementioned
duration may be longer by taking into account the expected
service life of products, installations, or systems to be
delivered, and also the technical difficulties which may be
caused by a change of economic operator (producer);
9) if the subject-matter of the contract is the supply of the
products quoted and purchased by the contracting authority on a
commodity exchange;
10) if the contracting authority has a possibility to purchase
the products on particularly advantageous terms from an economic
operator who, upon terminating its business activities, organises
sale, or from the liquidators or administrators of insolvency
proceedings who organise the sale of the property of a bankrupt
merchant in accordance with the laws and regulations in the field
of insolvency;
11) if the contracting authority needs additional construction
work or services not initially included in the contract or
construction project but which have, through unforeseen
circumstances, become necessary for the performance of the
concluded contract, and if the following conditions are complied
with:
a) the total contract price in the additional procurement
contracts does not exceed 50 per cent of the contract price of
the contract concluded previously;
b) the necessary additional construction work is performed or
services are provided by the contractor of the contract concluded
previously;
c) additional construction work or services may not be
technically or economically separated from the construction work
or services provided for in the contract concluded previously
without causing significant difficulties for the contracting
authority, or the additional construction work or services are
substantially necessary for the performance of the contract
concluded previously, although they can be separated from the
construction work or services provided for in such a
contract;
12) if the subject-matter of the contract is repeated
performance of construction work or provision of the services
provided for in the previously concluded contract which is
entrusted to the contractor, and the repeatedly required
construction work or services correspond to the project
underlying the previously concluded contract. This condition
shall apply to the cases when the initial contract is concluded
as a result of a restricted procedure, negotiated procedure by
publishing a contract notice, or competitive dialogue if in the
contract notice a repeated conclusion of a contract is intended
and, when determining the estimated contract price, the value of
repeatedly necessary construction work or services is also taken
into account. These provisions shall be applicable for five years
from the conclusion of the initial contract. In exceptional
cases, these provisions maybe applied for a longer period by
taking into account the expected service life of products,
installations, or systems to be delivered, and also the technical
difficulties which may be caused by a change of economic
operator;
13) if the contracting authority needs air and maritime
transport services for deployment of armed forces or security
forces abroad, provided that the contract is concluded with the
economic operator who guarantees the validity of the tender only
for such a short period of time that it is not possible to apply
a restricted procedure or negotiated procedure by publishing a
contract notice, and also in the case when the contracting
authority uses all options of reduction of the terms for
submission of applications and tenders laid down in this Law.
(7) If the contract is concluded on the services referred to
in Annex 2 to this Law, the contracting authority is entitled to
not apply the procurement procedures laid down in this Law;
however, it shall apply the provisions of Section 19, Chapter IV,
Section 34, Paragraphs one, three, and four, Sections 41, 52, 54,
55, and 56 of this Law. The contracting authority shall, before
carrying out the procurement, publish a notice on the relevant
procurement on the website thereof by indicating the term for the
submission of tenders and the place where the technical
specifications are available.
(8) If the subject-matter of the contract is both the services
referred to in Annex 1 to this Law and the services referred to
in Annex 2 to this Law, the contracting authority shall apply the
procurement procedures referred to in this Law if the contract
price of the services referred to in Annex 1 to this Law exceeds
the contract price of the services referred to in Annex 2 to this
Law. If the contract price of the services referred to in Annex 2
to this Law exceeds the contract price referred to in Annex 1 to
this Law, the contracting authority shall apply the provisions of
Paragraph seven of this Section.
(9) If the contract price of a supply contract or service
contract is equal to or exceeds EUR 10 000 but is less than EUR
42 000, and the estimated contract price of the works contract is
equal to or exceeds EUR 20 000 but is less than EUR 170 000, the
contracting authority who is the subject of the Public
Procurement Law shall, when carrying out the procurement, comply
at least with the provisions of Section 19, Chapter IV, Section
41, Section 52, Paragraph two, Clauses 1 and 2, Paragraphs four,
five, six, and seven, Section 54, Paragraphs one, five, and six,
Sections 55 and 56 of this Law, and also before carrying out the
procurement shall, except when the procurement meets the
conditions referred to in Paragraph six of this Section, publish
a notice on the relevant procurement on the website thereof by
indicating the time limit for the submission of tenders and the
place where the technical specifications are available.
(10) A person who is or has been interested in being awarded a
procurement contract or a framework agreement or who qualifies
for award and who, in relation to the specific procurement to
which the provisions of Paragraph nine of this Section apply,
believes that his or her rights have been infringed upon or
infringement of such rights is possible, and it may be caused by
a potential infringement of laws and regulations, is entitled to
appeal the decisions taken by the contracting authority to the
Administrative District Court in accordance with the procedures
laid down in the Administrative Procedure Law. Appeal of the
decision taken by the contracting authority shall not suspend the
execution thereof.
[19 September 2013; 9 November 2017; 5 December 2019; 5
October 2023]
Section 7. Contract Price
Thresholds
The contract price thresholds referred to in Section 5,
Paragraphs four and five, Section 6, Paragraph one, Section 36,
Paragraph four, Section 37, Paragraph two, Section 58, Paragraph
five, Section 67, Paragraph three, Clause 2, Sub-clause "a",
Section 68, Paragraph one, Clause 6 and Paragraph two, Clause 2
of this Law shall be determined by the Cabinet on the basis of
the international commitments of the European Union in relation
to the contract price thresholds which must be observed by the
contracting authorities who are the subjects of the Law on the
Procurements of Public Service Providers. The Cabinet shall
determine the abovementioned contract price thresholds at least
once in every two years within one month after the European
Commission has announced the relevant contract price thresholds
in the Official Journal of the European Union.
[5 October 2023]
Section 7.1 Electronic
Invoices
(1) The contracting authority shall accept the electronic
invoice conforming to the laws and regulations regarding the
applicable standard of an electronic invoice and the
specifications for the use of its core elements and the
procedures for its handling, and, if it is provided for in the
procurement contract, shall include additional core elements in
conformity with the abovementioned laws and regulations. The
Cabinet shall determine the applicable standard of an electronic
invoice and specifications for the use of its core elements and
the procedures its handling.
(2) The contracting authority is entitled to not apply
Paragraph one of this Section and Section 54, Paragraph
1.1 if the performance of the procurement contract
concluded under the procurement procedure is recognised as secret
or special security measures are applied to it in accordance with
laws and regulations.
[21 February 2019 / See Paragraph 12 of Transitional
Provisions]
Chapter
II
General provisions in Procurement Procedures
Section 8. Privileged Contracts
(1) If the subject-matter of the intended contract provides
for it, the contracting authority is entitled to reserve the
possibility to participate in procurement procedures only for
those candidates or tenderers who are mostly (or more than 50 per
cent of the average number of employees per year) employing
persons with special needs who require special work
conditions.
(2) If Paragraph one of this Section is applied, the
contracting authority shall indicate it in the relevant
procurement notice.
[5 October 2023]
Section 9. General Provisions in
Respect of an Economic Operator
(1) The contracting authority shall not reject a candidate or
a tenderer if only natural or legal persons are entitled to
provide the relevant service in conformity with the laws and
regulations of Latvia, but it is entitled to provide services in
conformity with the laws and regulations of such European Union
Member State where it is registered or where is its permanent
place of residence.
(2) If works contract or service contract is being concluded
or if the supply contract also includes building-in or
installation of the product, the contracting authority is
entitled to request that a tenderer indicates in its tender or a
candidate indicates in its application on participation in the
procurement procedure the persons responsible for the performance
of the specific contract, and also their professional
qualification.
(3) The economic operators which are associations of persons
are entitled to apply as candidates or submit tenders. The
contracting authority is not entitled to set a requirement on
certain legal status of such association in order for it to
submit the application for participation in the procurement
procedure as a candidate or a tender - as a tenderer. However,
the contracting authority is entitled to request that the
association in respect of which the decision is taken to award
the contract, at its own choice, establishes in accordance with a
specific legal status or concludes a partnership agreement,
agreeing upon the allocation of liability of the members of the
association, if necessary for the successful performance of the
contract.
(4) An economic operator who has participated in any of the
previous phases of the relevant procurement project or
development of the procurement procedure documents is not
entitled to participate in the next phases of the same project or
relevant procurement procedure if the abovementioned
circumstances provide any advantages for such economic operator
in this procurement procedure, thus hindering, restricting or
distorting competition. Phases of the procurement project are to
be understood as several procurements carried out consecutively
which ensure achievement of the common final result.
(5) Upon establishing the circumstances referred to in
Paragraph four of this Section, the contracting authority shall,
before possible rejection of a candidate or tenderer, allow it to
prove that there are no such circumstances that would provide any
advantages to such candidate or tenderer in the relevant
procurement procedure, thus hindering, restricting or distorting
competition.
[13 October 2022]
Section 10. Confidentiality
(1) The contracting authority is entitled to set for economic
operators conditions for the protection of information within the
framework of the procurement procedure and the performance of the
contract. The contracting authority is entitled to apply such
conditions also to subcontractors of economic operators.
(2) Unless it is otherwise provided for in the Law, the
contracting authority shall not disclose the information which
has been transferred to it by other economic operators as
commercial secret in accordance with laws and regulations in the
field of commercial activity.
(3) An application and tender of the economic operator, and
also the documents with which the economic operator supplements
or explains the information included in the application or tender
in conformity with the provisions of this Law, shall not be
generally available information and these documents shall not be
presented or issued to persons other than those related to the
evaluation of applications and tenders, except for the persons
who in accordance with laws and regulations have the right to
become familiar with these documents and receive them for the
performance of official duties.
[13 October 2022]
Section 11. Procurements by Central
Purchasing Bodies
(1) The contracting authority may purchase construction work,
products, and services from the central purchasing body or
receive construction work, products, and services through the
intermediation thereof.
(2) If the contracting authority purchases construction work,
products or services from the central purchasing body or receives
construction work, products or services through the
intermediation thereof, it shall be considered that the
contracting authority has applied the requirements of this Law,
provided that one of the following conditions exists:
1) the central purchasing body which is the contracting
authority, upon making the relevant purchases or organising the
relevant procurement procedures, has applied the requirements of
this Law;
2) the central purchasing body other than the contracting
authority has applied equivalent rules that correspond to this
Law, and also the possibilities equivalent to the possibilities
of contesting and appeal of decisions laid down in this Law are
ensured.
(3) The contracting authority is entitled to not apply the
requirements of this Law if a purchase for its needs is made by
the contracting authority of another European Union Member State
as the central purchasing body which, when performing the
relevant purchase, applies the requirements of such laws and
regulations which comply with the European Union law in the field
of public procurement.
Chapter
III
Provisions Regarding Procurement Procedure Documents and
Requirements to be Determined for Procurement Procedures
Section 12. Procurement Procedure
Documents
(1) Candidate selection regulations shall include:
1) the name, address of the contracting authority and other
information on the contracting authority which is to be included
in a contract notice;
2) the procurement identification number;
3) the description of the subject-matter of the procurement,
but in the case of a competitive dialogue - the characterisation
of needs and requirements;
31) information on the type and level of
classification of information subject to protection in the
procurement if it is intended to use information subject to
protection in the procurement;
32) information on the level of the facility
security clearance and personnel security clearance if it is
intended to use an official secret or information subject to
protection as an official secret in the procurement;
4) the place, date, and time for the submission of
applications;
5) the requirements in respect of documentation and submission
of the application, and also information on the language or
languages in which the application is to be submitted;
6) the provisions of Section 44 of this Law or reference to
Section 44 of this Law, and also the information to be submitted
which is required to assess the economic operator in accordance
with the abovementioned provisions;
7) the requirements in respect of the suitability of an
economic operator to pursue the professional activity (Section
13), economic and financial standing (Section 14), technical and
professional abilities (Section 15), quality management system to
be used (Section 16), and also the information to be submitted
laid down in accordance with these Sections which is required to
assess the economic operator in accordance with the laid down
requirements;
8) the evaluation methodology of candidates if Section 18,
Paragraph one of this Law is applied;
9) other information and other requirements prescribed in
accordance with the provisions of this Chapter.
(2) The invitation to tender in a restricted procedure and
competitive dialogue and the invitation to participate in
negotiations in the negotiated procedure, when publishing a
contract notice, shall include at least the following:
1) the reference to the published contract notice;
2) the indication of the date until which the candidate is
entitled to request additional documents;
3) the indication of the term for submission of tenders, the
address to which the tenders are to be sent, the language or
languages in which the tender is to be submitted, and also the
requirements in respect of the documentation and submission of
tenders, and the form of financial tender;
4) in the case of a restricted procedure and competitive
dialogue - an indication of the date, time and place of opening
of tenders, but in the case of a negotiated procedure by
publishing a contract notice - an indication of the place and
time of the commencement of negotiations, and also the
information on the aspects of the tender to be discussed during
the negotiations;
5) information on the tender security, if any intended, the
amount, term thereof, and its possible type, and disbursement
conditions in accordance with Section 27 of this Law;
6) technical specifications (Section 19) and other required
documents or indication of the website address where such
documents are available if the contracting authority provides
free and direct electronic access to the procurement procedure
documents and all additionally required documents;
61) the procedures by which the economic operator
accesses the information subject to protection included in the
procurement documents, processes it and prepares a tender;
7) where necessary, the contract performance conditions mainly
in relation to the protection of information (Section 21),
contract performance security (Section 22), entering into
subcontracts (Section 23), and also social circumstances or
environmental protection requirements (Section 24);
8) where necessary, an indication of any additional documents
to be submitted in order to verify the certifications submitted
in accordance with the requirements laid down by the contracting
authority, included in the contract notice, or candidate
selection regulations, or to supplement the information included
therein. Such additional documents shall be requested by
complying with the provisions of Sections 14 and 15 of this
Law;
9) an indication of the proportion of tender selection
criteria and assessment criteria or the descending order of
importance (Section 26), if they are not referred to in the
contract notice or candidate selection regulations;
10) where necessary, information on the course of electronic
auction in accordance with Section 25 of this Law;
11) the draft procurement contract or framework agreement;
12) where necessary, other information and other requirements
which are laid down in accordance with the provisions of this
Chapter.
(3) The invitation to the dialogue shall include at least the
following:
1) the data referred to in Paragraph two, Clauses 1, 6, 8, 9,
and 12 of this Section;
2) the indication of the place and time of the commencement of
the dialogue, and also the language or languages in which the
dialogue will take place;
3) where necessary, the information on payments and prizes for
the participants to the dialogue.
(4) Where the procurement procedure documents and additionally
required documents are available not at the contracting authority
but in other body, the address shall be indicated in the
invitation to tender or invitation to participate in negotiations
where such documents may be requested, and also, where necessary,
the date by which they may be requested, the amount of payment by
taking into account Section 38, Paragraph seven of this Law and
the payment procedures. The body responsible for the issue of the
procurement procedure documents shall issue the documents or send
them out immediately after receipt of the request.
(5) The contracting authority shall determine the minimum
level of abilities requested in the procurement procedure
documents, and also the amount of requirements for the
performance of the specific contract, commensurately with the
subject-matter of the contract. The laid down requirements may
not cause unjustified restrictions for competition. The minimum
suitability level requirements shall be included in the
procurement procedure documents.
[9 November 2017; 13 October 2022; 5 October 2023]
Section 13. Suitability to Pursue
the Professional Activity
(1) The contracting authority is entitled to request evidence
that the relevant economic operator is registered, licensed or
certified in accordance with the requirements of the laws and
regulations of the country where it is registered or where its
permanent place of residence is.
(2) If in the case of a service contract an economic operator
has to have a specific authorisation or be a member of a specific
organisation in order to be able to perform the service concerned
in the country where it is registered or where its permanent
place of residence is, the contracting authority may request
evidence of such authorisation or membership.
Section 14. Economic and Financial
Standing
(1) The contracting authority is entitled to impose minimum
requirements in respect of the economic and financial standing of
an economic operator. Proof of an economic operator's economic
and financial standing may be mainly furnished by the
following:
1) the certification of a credit institution or, where
appropriate, evidence of the relevant professional risk insurance
company;
2) the financial statement or an extract from the financial
statement (where publication of such information is required
under the laws and regulations of the country in which the
economic operator is registered or where its permanent place of
residence is);
3) a certification of its total financial turnover or, where
appropriate, of financial turnover in relation to the specific
procurement for a maximum of the last three financial years.
(2) The economic operator may rely on the capacities of other
undertakings if it is necessary for the performance of the
specific contract, regardless of the legal nature of mutual
relations. In such case, the economic operator shall prove to the
contracting authority that it will have the necessary resources
at its disposal by submitting a certification of such
undertakings or an agreement on cooperation for the performance
of the specific contract. An economic operator which is an
association of persons may rely also on the capacities of
participants of the association.
(3) The contracting authority shall determine in the
procurement procedure documents which of the documents referred
to in Paragraph one of this Section or other documents must be
submitted by an economic operator.
(4) If the economic operator is unable to submit the documents
requested by the contracting authority due to substantiated
reasons, it is entitled to certify its economic or financial
standing by any other documents which the contracting authority
considers appropriate.
[5 October 2023]
Section 15. Technical and
Professional Abilities
(1) The contracting authority is entitled to impose minimum
requirements in respect of technical and professional abilities
of an economic operator. Technical and professional abilities of
an economic operator in conformity with the nature, quantity, and
significance level of construction work, supply or services may
be mainly certified by the following:
1) information on the performed construction work, accompanied
by statements and references on the performance of the most
important works during the past five years. These statements
shall include data on the volume of the relevant construction
work, types of structures, date and location of the construction
work, and shall also specify whether all the works were performed
according to the relevant rules and properly completed. Where
necessary, the contracting authority of the relevant construction
work shall submit such statement directly to the contracting
authority;
2) information on the most significant supplies performed or
services provided in the past five years, indicating the sums,
dates and recipients (public or private persons). The information
shall be appended by references of a buyer, except for the case
if a buyer has been a private person and it is no longer possible
to obtain references. In such a case the certification of the
economic operator shall be appended;
3) information on the technical personnel or institutions
responsible for the quality control, but, if construction work is
to be performed, on the technical personnel or institutions which
will be involved in the performance of construction work;
4) a description of the technical equipment and resources used
by the economic operator of products or service provider to
ensure quality, to perform tests and studies, as well as of the
rules regarding the use of intellectual property;
5) a check carried out by the contracting authority or on its
behalf by a competent authority of the country of the economic
operator of products. The abovementioned check covers the
production capacities of the economic operator of the products or
the technical capacity of the economic operator and, if
necessary, the methods of tests and studies and the measures for
ensuring quality control it will take;
6) documents which certify the education or professional
qualification of the managerial staff of the economic operator -
performer of construction work and service provider, in
particular, of those persons who are responsible for managing the
construction work or providing the services, including within the
framework of the supply contract;
7) for works contracts and service contracts - a description
by providing the measures for ensuring the environmental
protection requirements that the economic operator is able to
apply when performing the contract;
8) information on the average number of employees of the
performer of construction work and the service provider per year,
and the number of the managerial staff during the last three
years;
9) information on tools, installations, and technical
equipment, number of employees and their qualification, and also
supply sources (by indicating their location if they are located
in a country other than a European Union Member State) which are
available to the economic operator for the performance of the
contract, including for modernisation or adaptation of the
products to be supplied, and also for required additional
construction work, supplies or services in the case of
crisis;
10) evidence on the capacity of an economic operator to ensure
protection of the information subject to protection in accordance
with the laws and regulations in the field of information for
official use only and protection of the official secret. A
facility security clearance of an appropriate level (for a legal
person) and a personnel security clearance (for a natural person)
or a description of specific measures for the needs of the
information service for ensuring protection shall be primarily
regarded as such evidence;
11) with regard to the products to be supplied:
a) samples, descriptions, and photographs the authenticity of
which must be certified if the contracting authority so
requests;
b) a certificate of the quality control institution (the
competence of which has been recognised in accordance with the
laws and regulations in the field of standardisation) which
certifies the conformity of the product with certain technical
specifications or standards.
(2) If a procurement contract includes performance of
construction work or provision of services, the ability of an
economic operator to perform the construction work or provide the
services shall be evaluated, in particular with regard to its
experience, qualification, efficiency of activity, and
reliability.
(3) The contracting authority shall determine in the
procurement procedure documents which of the documents referred
to in Paragraph one of this Section or other documents must be
submitted by an economic operator.
(4) The economic operator may rely on the capacities of other
undertakings if it is necessary for the performance of the
specific contract, regardless of the legal nature of mutual
relations. In such case, the economic operator shall prove to the
contracting authority that it will have the necessary resources
at its disposal by submitting a certification of such
undertakings or an agreement on cooperation for the performance
of the specific contract. An economic operator which is an
association of persons may rely also on the capacities of
participants of the association.
(5) If the economic operator is unable to submit the documents
requested by the contracting authority due to substantiated
reasons, it is entitled to certify its technical and professional
abilities by any other documents which the contracting authority
considers appropriate.
(6) An economic operator registered in a foreign country or an
economic operator with foreign citizenship is entitled to meet
the requirement referred to in Paragraph one, Clause 10 of this
Section on the submission of a facility security clearance of
appropriate level (for a legal person) and a personnel security
clearance (for a natural person) by submitting a facility
security clearance of appropriate level, a personnel security
clearance, or a certification that the competent authority
(security institution) of the respective foreign country has
issued a facility security clearance of appropriate level (for a
legal person) or a personnel security clearance (for a natural
person). In either of these cases the contracting authority shall
ask the Constitution Protection Bureau to provide the
certification on the fact that the economic operator has obtained
a facility security clearance of appropriate level (for a legal
person) or a personnel security clearance (for a natural person)
which shall be recognised as valid for use in the Republic of
Latvia.
(7) Where necessary, the contracting authority is entitled to
give additional time to the candidate for the receipt of the
evidence referred to in Paragraph one, Clause 10 of this Section
if such possibility and term are provided for in the procurement
procedure documents.
(8) In addition to meeting the requirements of Paragraph one,
Clause 10 of this Section, the contracting authority is entitled
to request the Constitution Protection Bureau, where necessary,
in cooperation with the competent authority of the country of the
registration or permanent place of residence of an economic
operator, to inspect the economic operator's premises and
equipment, production and administrative procedures, information
circulation procedures, and also information on the personnel,
necessary for the performance of the contract.
[13 October 2022; 5 October 2023]
Section 16. Quality Management
Systems
The contracting authority may require that the quality
management system of an economic operator be inspected. In such
case, the contracting authority shall refer to quality management
systems which comply with specific European certification
standards and which have been certified by the relevant bodies
conforming to the European certification standards. The
contracting authority shall recognise equivalent certificates
issued by the bodies in other European Union Member States, and
shall also accept other evidence of equivalent quality assurance
measures submitted by the economic operator.
Section 17. Environmental Management
Standards
If the contracting authority, by taking into account the
nature, quantity and significance of the construction work or
services, requests, in accordance with Section 15, Paragraph one
of this Law, that an economic operator certifies that, upon
performance of the contract, it will be able to implement the
measures for ensuring the environmental protection requirements,
the economic operator is entitled to attest it:
1) by registration with the Eco-Management and Audit Scheme
(EMAS);
2) by a certificate of the competent authority of Latvia or
other European Union Member State which certifies the conformity
thereof with the European or international environmental
management standards;
3) by other evidence of equivalent measures for ensuring
environmental protection requirements.
Section 18. Reduction in the Number
of Candidates, Solutions to be Discussed and Tenders
(1) The contracting authority may determine the number of
candidates it will invite to tender or participate in
negotiations or a dialogue. In such a case, the contracting
authority shall indicate in the procurement procedure documents
objective and non-discriminatory criteria or rules it intends to
apply, and also the minimum number of candidates they intend to
invite and, where appropriate, the maximum number. The minimum
number of candidates it intends to invite may not be less than
three.
(2) The contracting authority may determine that a negotiated
procedure by publishing a contract notice and a competitive
dialogue will take place in a number of successive phases in
order to reduce the number of those tenders or solutions during
negotiations or dialogue which it will evaluate in accordance
with the laid down tender selection criterion. In such a case,
the contracting authority shall indicate in the procurement
procedure documents that it will use this possibility.
[5 October 2023]
Section 19. Technical
Specifications
(1) The technical specifications shall be included in the
procurement procedure documents. Technical specifications shall
ensure equal opportunities to all tenderers and may not cause
unjustified restrictions for competition in procurement
procedures.
(2) Technical specifications for works contracts is a summary
of technical descriptions which determines the requirements of
the contracting authority in relation to materials, products,
technical equipment or objects and characterises materials,
products, technical equipment or objects so that, upon
acquisition thereof, they would conform to the purposes intended
by the contracting authority. These descriptions shall include
environmental protection requirements, designing requirements
(also requirements in respect of access possibilities for persons
with special needs), conformity assessment and performance
requirements, production processes and methods, safety rules,
quality assurance system, technology, measurements, symbols,
testing rules and methods, requirements for the packaging,
labelling, and user manuals. Technical specifications shall also
include rules regarding work completion tests and work
acceptance, requirements in relation to methods and technology
for the performance of construction work and other technical
rules which the contracting authority has provided for
construction work or the structure at large, or for materials and
objects intended to be used in the structure.
(3) The requirements prescribed for the necessary supplies and
services shall be included in the technical specifications in
respect of the supply contracts and service contracts, for
example, quality level, environmental protection requirements,
construction requirements (also requirements in respect of the
access possibilities for persons with special needs), performance
requirements, requirements for product use, safety rules,
measurements, terminology, symbols, testing rules and methods,
requirements in relation to the product name under which it is
sold, the packaging and labelling, user manuals, production
processes and methods, and also conformity assessment methods.
The purpose of the services, the methods and resources to be used
(where necessary), and also result shall be additionally
determined for service contracts.
(4) Technical specifications shall be prepared in one of the
following ways:
1) with reference to the technical specifications referred to
in Paragraphs two and three of this Section and standards in the
following sequence: European standards adapted in the status of a
Latvian national standard, European technical approvals, common
technical specifications, international standards adapted in the
status of a Latvian national standard, other international
standards, other technical reference systems established by the
European standardisation institutions, or, where these do not
exist, Latvian national standards, national technical approvals
or national technical specifications, and also technical
specifications developed by and mutually recognised amongst
producers, standards in the military field (sectoral standards
which might not be publicly accessible information) or technical
specifications of military products similar to those standards.
Each reference shall include the words "or equivalent";
2) by determining the functional or performance requirements
which may include also environmental protection requirements. The
requirements must be precisely defined to allow tenderers to
determine the subject-matter of the contract and to allow the
contracting authority to compare tenders;
3) by determining functional requirements or performance
requirements in accordance with Clause 2 of this Paragraph and
with reference to the specifications in accordance with Clause 1
of this Paragraph in order to ensure conformity with the
functional requirements or performance requirements;
4) with reference to the specifications in accordance with
Clause 1 of this Paragraph, but specifying other requirements as
functional requirements or performance requirements in accordance
with Clause 2 of this Paragraph.
(5) If the contracting authority prepares the technical
specification in accordance with Paragraph four, Clause 1 of this
Section, it shall not reject a tender on the grounds that the
product or service offered does not comply with the standards or
technical specifications specified in the reference, if the
tenderer proves, by the documentation of the producer or a test
report issued by a competent authority, that the tender is
equivalent and satisfies the requirements of the contracting
authority which are defined in the technical specification.
Within the meaning of this Section, a testing and calibration
laboratory and certification and inspection body of Latvia or
other country complying with the European standards shall be
considered as a competent authority.
(6) If the contracting authority prepares the technical
specification by determining functional or performance
requirements, it shall not reject a tender which complies with
European standards adapted in the status of a Latvian national
standard, with European technical approvals, common technical
specifications, other international standards, other technical
reference systems established by European standardisation
institutions, Latvian national standards or other technical
reference systems if these standards, technical specifications or
reference systems determine the same functional requirements or
performance requirements which have been laid down by the
contracting authority. In such a case the tenderer must prove in
its tender, by the documentation of the producer or test report
issued by a competent authority, that the construction work,
product or services which comply with the abovementioned
standards, technical specifications or reference systems satisfy
the functional requirements or performance requirements laid down
by the contracting authority.
(7) If the contracting authority determines the environmental
protection requirements in terms of functional or performance
requirements in accordance with Paragraph four, Clause 2 of this
Section, it is entitled to apply the detailed specifications, or
parts thereof, as defined by European, multinational eco-labels,
or by any other eco-label, provided that:
1) such specifications are appropriate for defining the
products or services that are the subject-matter of the estimated
contract;
2) the requirements for the eco-label are drawn up on the
basis of scientific information;
3) the eco-labels are established using procedures in which
all stakeholders - State authorities, consumers, producers,
distributors, and environmental organisations - can
participate;
4) the specifications determined by eco-label are accessible
to all stakeholders.
(8) When applying Paragraph seven of this Section, the
contracting authority is entitled to indicate that the products
and services bearing the eco-label are presumed to comply with
the requirements laid down in technical specifications and
procurement procedure documents. In such a case the contracting
authority may accept technical dossier from the producer or a
test report issued by a competent authority as equal evidence of
conformity with the requirements laid down in technical
specifications and procurement procedure documents.
(9) Unless justified by the existence of subject-matter of the
contract, technical specifications shall not refer to a specific
source, a particular process, trademark, patents, or specific
types of products with the effect of favouring or eliminating
certain economic operators or certain products. Such a reference
shall be permitted on an exceptional basis, where a sufficiently
precise and intelligible description of the subject-matter of the
contract in accordance with Paragraphs four and five of this
Section is not possible. In such a case the reference shall be
accompanied by the words "or equivalent".
Section 20. Variants
(1) If the criterion for award is that of the economically
most advantageous tender, the contracting authority is entitled
to provide for a possibility to submit variants.
(2) It shall be indicated in the contract notice and the
subcontract notice whether the submission of variants is
mandatory, admissible, or is not authorised.
(3) The contracting authority shall indicate in the
procurement procedure documents the minimum requirements to be
met by the variants and any specific requirements for their
presentation in a tender.
(4) Only variants meeting the minimum requirements laid down
by the contracting authority shall be taken into
consideration.
(5) If within the procurement procedures it is intended to
award a supply or service contract and the contracting authority
has authorised to submit variants in conformity with Paragraph
two of this Section, it shall not reject a variant on the sole
ground that it would, if the tender is successful, lead to either
a service contract rather than a supply contract, or to a supply
contract rather than a service contract.
[5 October 2023]
Section 21. Protection of
Information
(1) If, during the procurement procedure or the performance of
the procurement contract, it is intended for the economic
operator to become acquainted with, create, store, or guard
information subject to protection or access the room, group of
rooms, and the surrounding territory which is subject to special
security mode, the contracting authority shall indicate in the
procurement documents all those elements of the procurement
contract which are related to information subject to protection,
also indicating the type and level of classification of the
information subject to protection, and also shall determine
information protection requirements during the procurement
procedure and the performance of the procurement contract. This
condition shall apply also to subcontractors of the economic
operator.
(11) The information protection requirements in
respect of the performance of the procurement contract shall be
laid down already in the draft procurement contract and the
contracting authority shall agree thereupon with the appropriate
competent State security institution referred to in Section 44,
Paragraph five, Clause 3 of this Law prior to organising the
procurement procedure.
(2) The requirements indicated by the contracting authority
for the protection of information subject to protection shall
fully apply to every economic operator which as a candidate or
tenderer plans to participate or participates in the procurement
procedure, and also to subcontractors of the abovementioned
economic operators, insofar as these requirements are related to
the part of the procurement contract to be transferred for the
performance to the subcontractor.
(3) The contracting authority shall determine in procurement
procedure documents which of the documents referred to in
Paragraph four of this Section or other documents must be
submitted by an economic operator in order for it to certify the
capacity to ensure protection of information subject to
protection in accordance with the requirements indicated in the
procurement procedure documents.
(4) The capacity of the economic operator to ensure meeting of
the requirements laid down in the procurement procedure documents
may be proven mainly by:
1) a certification that it and the subcontractors indicated in
the tender will ensure protection of information subject to
protection throughout the duration of the procurement contract
and after termination thereof in accordance with the requirements
indicated by the contracting authority;
2) a certification that the economic operator will submit the
certification referred to in Paragraph four, Clause 1 of this
Section for each subcontractor which is not indicated in the
tender but will be involved in the performance of the
contract;
3) a description on specific measures for the needs of the
information service for ensuring protection, or a certified copy
of facility security clearance of appropriate level (for a legal
person) and a personnel security clearance (for a natural person)
issued to the economic operator and subcontractors indicated in
the tender (if it is intended for the relevant subcontractor to
become acquainted with, create, store, or guard information
subject to protection or access the room, group of rooms, and the
surrounding territory which is subject to special security
mode);
4) a certification that the economic operator will submit the
documents referred to in Paragraph four, Clause 3 of this Section
to the contracting authority during the performance of the
contract in respect of each subcontractor of the economic
operator which is not indicated in the tender but will be
involved in the performance of the contract prior to involvement
of the subcontractor in the performance of the contract if it is
intended for the relevant subcontractor to become acquainted,
create, store, or guard information subject to protection or
access the room, group of rooms, and the surrounding territory
which is subject to special security mode.
(5) An economic operator registered in a foreign country or an
economic operator with foreign citizenship is entitled to meet
the requirement referred to in Paragraph four, Clauses 3 and 4 of
this Section on the submission of a facility security clearance
of appropriate level (for a legal person) and a personnel
security clearance (for a natural person) by submitting a
facility security clearance of appropriate level, a personnel
security clearance, or a certification that the competent
authority (security institution) of the respective foreign
country has issued a facility security clearance of appropriate
level (for a legal person) or a personnel security clearance (for
a natural person). In either of these cases the contracting
authority shall ask the Constitution Protection Bureau to provide
the certification on the fact that the economic operator has
obtained a facility security clearance of appropriate level (for
a legal person) or a personnel security clearance (for a natural
person) which shall be recognised as valid for use in the
Republic of Latvia.
(6) Incapacity of the tenderer selected through the
procurement procedure to meet the requirements indicated by the
contracting authority for the protection of information subject
to protection shall be the basis for unilateral withdrawal from
the procurement contract by the contracting authority. Incapacity
of the subcontractor of the tenderer selected through the
procurement procedure to meet the requirements indicated by the
contracting authority for the protection of information subject
to protection shall be the basis for the contracting authority to
assign the tenderer selected through the procurement procedure to
replace the subcontractor in accordance with the procedures laid
down in this Law.
[13 October 2022; 5 October 2023]
Section 22. Contract Performance
Security
(1) The contracting authority is entitled to determine the
requirements which are to be complied with by economic operators
during the contract performance in order to ensure the
construction work, supplies, and services necessary for the
contracting authority within the term laid down in the
procurement contract, also in the situations of crisis, in
conformity with the requirements laid down by the contracting
authority (hereinafter - the contract performance security). The
capacity of an economic operator to ensure the contract
performance security can be mainly confirmed by:
1) the information on such restrictions for use and transfer
of the products and services and the information on such
restrictions for disclosure of information on the products and
services which apply to the contracting authority. The
contracting authority shall also indicate such information which
arises from export control and safety rules;
2) the documents which certify the capacity of the economic
operator to obtain the licence for goods of strategic
significance or other documents which grant the right to perform
export, transit, and transfer of goods of strategic significance,
if obtaining such licence or other documents is required in
accordance with the laws and regulations in the field of control
of circulation of goods of strategic significance. Such documents
may include:
a) the information on the supplies of the same products
performed previously;
b) the documents of competent authorities which certify the
capacity of the economic operator to obtain the relevant
licences, certificates or other documents (for example, the
documents of competent authorities which certify that the
economic operator has previously obtained the relevant licences,
certificates or other documents, or a statement or similar
document issued by the competent authority on the right of the
economic operator to obtain the relevant licences, certificates
or other documents in the particular situation);
c) the information on all licensing and certification
requirements, and also other restrictions which are applicable to
the offered products, their components and parts, and also an
evaluation prepared by the economic operator on its conformity
with the requirements of laws and regulations which determine the
requirements for obtaining the abovementioned licences,
certificates or other documents;
3) the documents which certify that the organisational
measures used by the economic operator and location of the
persons involved in the performance of the supply ensure the
performance of the requirements for the contract performance
security laid down in accordance with this Section, and also the
certification that the economic operator will ensure that the
change of the location of the persons involved in the performance
of the abovementioned organisational measures and supply during
the contract performance will not affect the performance of the
requirements for the contract performance security laid down by
the contracting authority;
4) the certification that the economic operator will ensure
construction work, supplies or services in such amount which may
be necessary for the contracting authority in the case of crisis.
The contracting authority may additionally agree with the
economic operator on necessary additional construction work,
supplies or services in the case of crisis;
5) the documents which have been issued by the competent
authorities of the country of the economic operator and which
certify the capacity of the economic operator to meet the
requirements laid down in accordance with Paragraph one of this
Section in the case of crisis in respect of construction work,
supplies or services;
6) the certification that the economic operator will modernise
or adapt the offered products in accordance with the requirements
laid down in the procurement procedure documents;
7) the certification that the economic operator will warn the
contracting authority in a timely manner of the changes in the
organisation of construction work, supplies or services,
activities of the economic operator, and also in the supply chain
if such changes may affect the contract performance;
8) the certification that in case the economic operator will
not be able to ensure the contract performance it will transfer
all the means that are necessary for the production of spare
parts, components, and parts, performance of equipment
inspections, and also technical drawings, licences, and
instructions for use to the contracting authority. Where
necessary, the contracting authority may agree additionally with
the economic operator on the conditions of transfer;
9) a certification that the economic operator undertakes to
ensure an effective facility security clearance during the entire
period of the performance of the contract if access to an
official secret or information subject to protection as an
official secret is intended during the performance of the
contract.
(2) The contracting authority shall determine in the
procurement procedure documents which of the documents referred
to in Paragraph one of this Section or other documents must be
submitted by an economic operator.
(3) The contracting authority shall not impose the obligation
on the economic operator to submit such documents by which a
European Union Member State should undertake to not apply the
provisions for export, transit, and transfer of goods of
strategic significance which are in conformity with international
agreements or legal acts of the European Union and shall be
applicable at the time of taking the decision to issue the
relevant licence, certificate or other document.
[13 October 2022; 5 October 2023]
Section 23. Subcontracts
(1) The contracting authority shall not restrict the right of
economic operators to freely select subcontractors for ensuring
the performance of the contract, except for the case when the
contracting authority determines the requirements for concluding
subcontracts with subcontractors other than persons related to
the tenderer (hereinafter - the unrelated subcontractors) in
accordance with Paragraphs three, four, and six of this
Section.
(2) In order to ascertain that an economic operator will be
able to perform a procurement contract, the contracting authority
shall request the tenderer to indicate in its tender those parts
of the procurement contract which it will transfer to
subcontractors for performance, and also all known
subcontractors.
(3) The contracting authority may provide the possibility to
impose the obligation on the tenderer selected through the
procurement procedure to apply the provisions of Chapter IX of
this Law in respect of all contracts with subcontractors which
the tenderer has, in the tender, intended to conclude with the
unrelated subcontractors, or a part of them.
(4) The contracting authority may determine that the tenderer
selected through the procurement procedure shall transfer a part
of the contract for the performance to the unrelated
subcontractors by applying the provisions of Chapter IX of this
Law. The contracting authority shall determine the minimum amount
of the contract to be transferred for the performance to the
unrelated subcontractors (by taking into account the
subject-matter of the contract to be concluded, contract price,
relevant industrial sector, and the level of technical
development thereof, and also competition level on the market),
express it in percentage and indicate as a range of values the
maximum limit of which does not exceed 30 per cent of the total
contract price of the contract.
(5) If the contracting authority applies Paragraph four of
this Section, it shall also impose the obligation on
tenderers:
1) to indicate those shares of the contract in the tender
which they may intend to subcontract to the unrelated
subcontractors in order to meet the requirement laid down in
accordance with Paragraph four of this Section;
2) to indicate all related persons in the tender, and also
notify the contracting authority of any changes in relation to
the related parties, including such changes which have occurred
during the performance of the procurement contract or framework
agreement.
(6) The tenderer may, in addition to the minimum amount of the
contract which is laid down in accordance with Paragraph four of
this Section to be subcontracted to the unrelated subcontractors,
intend to transfer a larger amount of the contract for the
performance to the unrelated subcontractors. In such a case the
contracting authority may impose the obligation on the tenderer
to indicate specific parts of the contract to be additionally
transferred for the performance to the unrelated subcontractors,
and also such subcontractors. The contracting authority may apply
the provisions of Paragraph three of this Section in respect of
those parts of the contract which the tenderer intends to
additionally transfer for the performance to the unrelated
subcontractors.
(7) The contracting authority shall include in the procurement
procedure documents all the requirements which it determines in
accordance with Paragraphs two, three, four, and six of this
Section. If the provisions of Paragraph three of this Section are
applied, the contracting authority shall include the indication
in the procurement procedure documents on the possibility to
impose the obligation referred to in Paragraph three of this
Section, but the decision to impose the obligation in respect of
particular parts of the contract which the tenderer has intended
to transfer for the performance to the unrelated subcontractors
shall be taken upon evaluation of the submitted tenders.
(8) The contracting authority shall provide in the procurement
procedure documents the right for itself to reject the
subcontractors selected by the tenderer through procurement
procedure in accordance with the provisions of Section 60 of this
Law on the basis of the same requirements which the contracting
authority has laid down for economic operators in the procurement
procedure documents. The contracting authority shall clarify in
the procurement procedure documents which of the requirements for
economic operators laid down in the procurement procedure
documents apply to subcontractors and what documents are to be
submitted in order to certify the conformity with the
abovementioned requirements.
(9) If in complying with the provisions of Paragraph eight of
this Section the contracting authority rejects the subcontractor
selected by the tendered selected through the procurement
procedure, it shall inform such tenderer in writing of the
reasons for rejecting the subcontractor. In such a case the
tenderer shall select another subcontractor in accordance with
Section 60 of this Law.
(10) In the procurement procedure documents the contracting
authority may provide the obligation for the tenderer selected
through the procurement procedure to coordinate with the
contracting authority the requirements and criteria which the
tenderer selected through the procurement procedure shall include
in the notice of the additional requirements for subcontracts
which have been determined in conformity with Paragraph eight of
this Section.
(11) Application of the provisions of this Section shall not
affect the liability for the performance of the procurement
contracts of that tenderer with whom the contracting authority
has concluded the abovementioned contract.
[13 October 2022; 5 October 2023]
Section 24. Obligations Relating to
Taxes, Environmental Protection, Labour Protection, and Working
Conditions
(1) The contracting authority may indicate in the procurement
procedure documents the institutions from which candidates or
tenderers may obtain information on the applicable regulations
relating to taxes, to environmental protection, to labour
protection, and to working conditions in the administrative
territory in which the construction work will be performed or
services will be provided.
(2) If the contracting authority indicates the institutions
referred to in Paragraph one of this Section, it shall define the
requirement in the procurement procedure documents that a
tenderer has to indicate in the tender that the provisions which
govern ensuring appropriate working conditions and labour
protection in the relevant administrative territory have been
taken into account in it.
Section 25. Application of an
Electronic Auction
(1) If technical specification can be established with
precision, in restricted and negotiated procedure by publishing a
contract notice, the contracting authority is entitled to
determine that an electronic auction is applied before the
selection of a tender. The electronic auction may also be
organised prior to the selection of a tender within the scope of
the framework agreement in accordance with Section 55 of this
Law.
(2) The object of an electronic auction may be:
1) price or the price and the new value of the
characterisation referred to in technical specifications, where
the tender selection criterion is economically most advantageous
tender;
2) solely the price, where the tender selection criterion is
the tender with the lowest price.
(3) The contracting authority shall determine in the contract
notice that it will apply electronic auction, and shall state the
following in the procurement procedure documents:
1) the characteristics of the objects of electronic auction,
provided that such characteristics 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 contract;
3) the information which will be made available to tenderers
in the course of the electronic auction and, where appropriate,
when it will be made available to them;
4) the relevant information concerning the organisation of the
electronic auction;
5) the conditions to be complied with by the tenderers within
the electronic auction and, in particular, the minimum
differences which will, where appropriate, be required;
6) the relevant information concerning the electronic
equipment used and the specifications and arrangements for
connection.
Section 26. Tender Selection
Criteria
(1) There are the following criteria for selection of a
tender:
1) the economically most advantageous tender in which the
terms for supplies or performance of the contract, service costs
and other costs, efficiency thereof, quality of construction
work, products or services, aesthetic and functional
characteristics, environmental protection requirements, technical
advantages, availability of spare parts, contract performance
security, price, and other factors related to the subject-matter
of the contract which shall be precisely expressed and
objectively comparable or assessable have been taken into
account;
2) a tender with the lowest price.
(2) In the case of selection of the economically most
advantageous tender, the contracting authority shall indicate in
the procurement procedure documents all assessment criteria and
proportions or numerical values thereof, and it shall also
indicate the tender selection algorithms in accordance with these
criteria in the procurement procedure documents and describe how
each of the indicated assessment criteria will be assessed. The
proportion granted to criteria and numerical values thereof may
be indicated in a certain range. If the contracting authority can
justify that it is not possible to determine proportions and
numerical values for the assessment criteria, the contracting
authority shall indicate all the assessment criteria in the order
of their importance.
(3) If the contracting authority applies a competitive
dialogue, it shall determine the economically most advantageous
tender as the tender selection criterion.
[5 October 2023]
Section 27. Tender Security
(1) The contracting authority is entitled to request that the
tenderer submits or pays in a tender security, provided that:
1) the request applies to all tenderers equally and without
exceptions;
2) the amount of the tender security and terms are specified
in the procurement procedure documents.
(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 five 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 it may not exceed six months counting from the
day of opening the tenders.
(4) The economic operator is entitled to submit a tender
security as a bank guarantee, insurance policy or, if the
contracting authority has provided for such a possibility in the
procurement procedure documents, as payment of a sum of money in
the account indicated by the contracting authority.
(5) The tender security shall be in effect for the shortest of
the following time limits:
1) within the minimum time limit of validity of the tender
security laid down in the procurement procedure documents;
2) if the contracting authority recognises any of the
tenderers as selected in the procurement
procedure - until the day when the selected tenderer submits a
contract security (if any is provided for in the procurement
procedure documents);
3) until conclusion of a procurement contract.
(6) The provider of security shall disburse to the contracting
authority or the contracting authority shall deduct the amount of
the tender security paid in by the tenderer if:
1) the tenderer withdraws its tender during the period of
validity of the tender security;
2) the tenderer whose tender has been selected in accordance
with a tender selection criterion has not, within the time limit
laid down by the contracting authority, submitted the contract
security intended for it in the procurement procedure documents
and procurement contract;
3) the tenderer whose tender has been selected in accordance
with a tender selection criterion fails to sign a procurement
contract or framework agreement within the time limit laid down
by the contracting authority.
Chapter
IV
Procurement Commission
Section 28. Establishment of the
Procurement Commission
(1) The contracting authority shall establish the procurement
commission for performance of the procurement procedures referred
to in Section 6, Paragraph three and for carrying out the
procurements referred to in Section 6, Paragraphs seven and nine
of this Law. The commission shall consist of persons on whom the
administrative penalty - a prohibition to exercise the rights -
the prohibition to hold the offices the duties of which include
taking 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 not been imposed for
offences in the field of public procurement and public-private
partnership, or the execution of such penalty has ended. The
contracting authority shall, before establishment of the
procurement commission or inclusion of a new member in the
procurement commission, obtain the abovementioned information on
the person from the publication management system.
(2) A procurement commission shall be established for each
procurement separately or for a certain period of time. At least
three members shall be in the composition of the procurement
commission.
(3) When establishing the procurement commission, the
contracting authority shall ensure that this commission is
competent in the field of the procurement for which a contract is
being entered into. The procurement commission is entitled to
call on experts and a secretary of the procurement commission
when performing its duties. If necessary, the contracting
authority shall ensure that the person preparing the procurement
documents (an official or employee of the contracting authority),
all members of the procurement commission, a secretary of the
procurement commission, and experts have received a personnel
security clearance of appropriate level.
[9 November 2017; 5 December 2019; 13 October 2022]
Section 29. Basic Operating
Principles of the Procurement Commission
(1) The person preparing the procurement documents (an
official or employee of the contracting authority), members of
the procurement commission, a secretary of the procurement
commission, and experts may not represent interests of a
candidate or tenderer, including they may not have a direct or
indirect financial, economic, or other personal interest which
can affect impartiality and independence of the person in respect
of the particular procurement, and also they may not be connected
to a candidate or tenderer. Within the meaning of this Paragraph,
the person preparing the procurement documents (an official or
employee of the contracting authority), a member of the
procurement commission, a secretary of the procurement
commission, or an expert is connected to a candidate or tenderer
if he or she is:
1) the current or former employee, official, shareholder,
stockholder, a proctor or member of a legal person - candidate,
tenderer, or subcontractor, and if this connection with the legal
person has terminated 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, official,
shareholder, or proctor 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 ended within the last 24 months;
5) a relative of the beneficial owner of a legal person -
candidate or tenderer.
(2) Connection of the person preparing the procurement
documents (an official or employee of the contracting authority),
members of the procurement commission, a secretary of the
procurement commission, and experts with a candidate or tenderer
shall also apply to 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 documents
(official or employee of the contracting authority) or the member
of the procurement commission, 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) The person preparing the procurement documents (an
official or employee of the contracting authority), members of
the procurement commission, a secretary of the procurement
commission, and experts shall sign a confirmation 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 thereto 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 laws and
regulations.
(4) The procurement commission shall ensure the evaluation of
the submitted applications and tenders and take the decision to
select one or several tenders, and also take the minutes of the
course of the procurement process.
(5) The procurement commission shall select candidates and
evaluate the tenderers and tenders submitted by them in
accordance with the procurement documents, this Law, and also
other laws and regulations. The decision of the procurement
commission shall be binding on the contracting authority if the
procurement contract or framework agreement is being awarded.
(6) The chairperson of the procurement commission shall
organise and manage the work of the commission, determine the
venue, time, and agenda of commission meetings, convene and chair
the commission meetings, and also ensure signing of the
certifications referred to in Paragraph three of this
Section.
[9 November 2017; 5 December 2019; 13 October 2022]
Section 30. Procedures for Taking
the Decisions of the Procurement Commission
(1) 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 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.
(2) If the economically most advantageous tender is determined
as the tender selection criterion, each member of the procurement
commission shall evaluate the tender individually according to
all evaluation criteria indicated in the procurement documents. A
tender shall be recognised as the economically most advantageous
tender if it, upon summarising individual evaluations, has
obtained the highest score.
[9 November 2017; 5 December 2019]
Chapter V
Provisions for Announcement and Observance of Transparency
Section 31. Prior Information
Notice
(1) The contracting authority may inform of the planned
procurements through the publication of a prior information
notice which is used for informing only or through the
publication of a prior information notice which is used for the
reduction of the term for the submission of tenders.
(11) Publication of such prior information notice
which is used for the reduction of the term for the submission of
tenders shall be mandatory if the contracting authority uses the
reduced terms for the submission of tenders in accordance with
Section 37, Paragraph eight of this Law. The following shall be
indicated in the prior information notice:
1) in the case of supply contracts - the total estimated
contract price of those contracts or framework agreements which
the contracting authority is going to conclude within the next 12
months in respect of certain [by referring to the Common
Procurement Vocabulary (CPV)] group of products;
2) in the case of service contracts - the total estimated
contract price of those contracts or framework agreements which
the contracting authority is going to conclude within next 12
months in respect of certain category of services;
3) in the case of works contracts - the general
characterisation of those contracts or framework agreements which
the contracting authority is going to conclude.
(2) The contracting authority shall publish a prior
information notice within as short period of time as possible
after taking the decision on the necessity to carry out a
procurement.
(3) [9 November 2017]
(4) The provisions of this Section shall not be applied to the
cases referred to in Section 6, Paragraph six of this Law.
[9 November 2017; 5 October 2023]
Section 32. Contract Notice
(1) The contracting authority shall publish a contract notice
if it applies a restricted procedure, negotiated procedure by
publishing a contract notice, or a competitive dialogue.
(2) If the contracting authority makes amendments to the
procurement procedure documents or extends the terms specified
for the submission of applications, it shall repeatedly publish a
contract notice.
(3) [5 October 2023]
[5 October 2023]
Section 33. Subcontract Notice
(1) The tenderer selected through the procurement procedure
shall publish the subcontract notice if it applies the provisions
of Section 60 of this Law.
(2) [5 October 2023]
[5 October 2023]
Section 34. Contract Award
Notice
(1) The contracting authority shall publish a contract award
notice if the decision to conclude a procurement contract or
framework agreement has been taken. Such notice shall be
published within 10 working days after conclusion of the
procurement contract but not later than within 48 days after the
decision to conclude a procurement contract or framework contract
has been taken.
(2) If the contracting authority has taken the decision to
terminate or suspend a procurement procedure in the cases
referred to in this Law, it shall publish a contract award
notice.
(3) The contracting authority is entitled to not publish a
contract award notice if the decision to conclude a procurement
contract within the framework of the framework agreement in
accordance with Section 55 of this Law has been taken.
(4) In a contract award notice, the contracting authority is
entitled to not include information the disclosure of which may
harm the public interests, especially defence and security
interests, or the lawful commercial interests of an economic
operator or fair competition rules would be thereby
infringed.
[5 October 2023]
Section 35. Voluntary Notice of the
Procurement Results
(1) The contracting authority is entitled to publish a
voluntary notice of the procurement results in the exceptional
cases of application of this Law and in the cases referred to in
Section 6, Paragraphs six and seven of this Law, in addition to
the publication of the notice referred to in Section 34,
Paragraph one of this Law.
(2) The voluntary notice of the procurement results shall be
published so that the stakeholders could contest the
justification of such procurement which has been carried out due
to the fault of the contracting authority without applying a
corresponding procurement procedure and without publishing a
contract notice, and in order to concurrently eliminate the
consequences referred to in Section 69, Paragraph one of this
Law.
(3) [5 October 2023]
[5 October 2023]
Section 36. Publication of
Notices
(1) The Cabinet shall determine the content of the notices
referred to in Section 31, Paragraph one, Section 32, Paragraphs
one and two, Section 33, Paragraph one, Section 34, Paragraphs
one and two, and Section 35, Paragraph one of this Law. The
notice forms shall be determined by Annex to Commission
Implementing Regulation (EU) 2019/1780 of 23 September 2019
establishing standard forms for the publication of notices in the
field of public procurement and repealing Implementing Regulation
(EU) 2015/1986 (eForms).
(2) The contracting authority and the tenderer selected
through the procurement procedure shall prepare and publish the
relevant notice referred to in Paragraph one of this Section in
the publication management system.
(3) [13 October 2022]
(4) The contracting authority and the tenderer selected
through the procurement procedure shall send the notice referred
to in Paragraph one of this Section in the publication management
system to the Publications Office of the European Union for
publication in the Official Journal of the European Union if the
estimated contract price is equal to or exceeds the contract
price thresholds laid down by the Cabinet.
(5) The contracting authority and the tenderer selected
through the procurement procedure have the right to publish the
relevant notices referred to in Paragraph one of this Section in
the publication management system and also in the Official
Journal of the European Union also in the case when the
obligation to publish such notices is not imposed by this
Law.
(6) [5 October 2023]
(7) The Procurement Monitoring Bureau shall keep the
information in the publication management system on the day when
the notices referred to in Paragraph one of this Section are
published on the website of the Procurement Monitoring Bureau
and, if determined by this Law, sent for publication in the
Official Journal of the European Union. The contracting authority
shall keep the confirmation sent by the Official Journal of the
European Union on the publication of the relevant notice in the
Official Journal of the European Union if the publication of the
notice is prescribed by this Law. In the case of dispute, the
confirmations saved in the publication management system and
received from the Official Journal of the European Union shall
serve as proof for the publication of notices.
[9 November 2017; 13 October 2022; 5 October 2023]
Section 37. Terms for Submission of
Applications and Tenders
(1) The contracting authority, when determining the terms for
submission of applications and tenders, shall take into account
the level of complexity of the potential contract and the time
required for drawing up the documents for selection of candidates
and tenders, as well as restrictions for terms laid down in this
Law.
(2) In a restricted procedure, negotiated procedure by
publishing a contract notice, and in a competitive dialogue the
term for the submission of applications may not be less than 25
days after the day when the contract notice is published on the
website of the Procurement Monitoring Bureau. If the estimated
contract price is equal to or exceeds the contract price
threshold laid down by the Cabinet, the term for the submission
of applications shall be determined as not less than 30 days from
the day when the contract notice has been sent to the
Publications Office of the European Union for publication in the
Official Journal of the European Union.
(3) The contracting authority may make amendments to the
procurement procedure documents, provided that the amended
provisions do not allow for submission of different tenders or
participation or selection of other candidates or tenderers in
the procurement procedure. The minimum term for the submission of
applications after the day when the contract notice has been
repeatedly published on the website of the Procurement Monitoring
Bureau or sent to the Publications Office of the European Union
for publication in the Official Journal of the European Union may
not be less than half of the term for the submission of
applications laid down initially.
(4) The term for the submission of tenders in a restricted
procedure may not be less than 25 days from the day when the
invitation is sent to the selected candidates. If the contract
notice has been published in the Official Journal of the European
Union, the term for the submission of tenders of tenderers shall
be determined as not less than 40 days after the day when the
invitation to submit tenders has been sent.
(5) In a negotiated procedure by publishing a contract notice,
and in competitive dialogue the contracting authority shall agree
with all the selected candidates on the term for the submission
of tenders. If the contracting authority fails to agree with the
candidates on the term for the submission of tenders, it shall
determine the term for the submission of tenders which, after the
day when the invitation to participate in negotiations or to
tender has been sent, is not less than 30 days or 15 days if
there is a reasonable justification for such reduction of the
term.
(6) The contracting authority may make amendments to the
procurement procedure documents if the requirements laid down in
the invitation to tender are not significantly changed thereby.
If amendments are made to the procurement procedure documents,
the contracting authority shall agree with all the selected
candidates on the term for the submission of tenders.
(7) The contracting authority is entitled to extend the laid
down terms for the submission of applications and tenders by
repeatedly publishing a contract notice or by sending a repeated
invitation to tender or participate in negotiations. If the
notice should be sent to the Publications Office of the European
Union for publication in the Official Journal of the European
Union, the minimum term by which the contracting authority is
entitled to extend the term for the submission of applications
shall be seven days after the day when the notice has been sent
to the Publications Office of the European Union for publication
in the Official Journal of the European Union. Such extension of
terms shall not be regarded as amendments to the procurement
procedure documents within the meaning of Paragraphs three and
six of this Section.
(8) If the contracting authority has published a prior
information notice which is used to reduce the terms for the
submission of tenders, the minimum term for the submission of
tenders in a restricted procedure shall be 36 days from the day
when the invitation to tender has been sent to the selected
candidates. If there is a reasonable justification for additional
reduction of the term, the contracting authority is entitled to
determine the term for the submission of tenders which is not
less than 22 days. In such a case the contracting authority shall
keep all the documents which justify reduction of the term.
(9) The minimum terms for the submission of tenders referred
to in Paragraph eight of this Section may be determined if a
prior information notice which is used to reduce the terms for
the submission of tenders includes all the information intended
in such notice, insofar as it was available at the time of
publication, and if such prior information notice has been
published on the website of the Procurement Monitoring Bureau and
sent for publication in the Official Journal of the European
Union not less than 52 days and not more than 12 months before
the day when a contract notice has been published on the website
of the Procurement Monitoring Bureau and sent for publication in
the Official Journal of the European Union.
(10) [5 October 2023]
(11) If starting from the day when a contract notice is
published on the website of the Procurement Monitoring Bureau the
contracting authority provides free and direct electronic access
to the procurement procedure documents and all additionally
required documents, the terms for the submission of tenders
referred to in Paragraph four of this Section may be reduced by
five days. The address of the website where the abovementioned
information is available shall be indicated in the contract
notice.
(12) If the contracting authority applies the restricted
procedure or negotiated procedure by publishing a contract
notice, and it is not possible to comply with the terms referred
to in this Section in the case of extreme necessity, the
contracting authority may determine:
1) the term for the submission of applications which may not
be less than 10 days from the day when the contract notice has
been published on the website of the Procurement Monitoring
Bureau or sent to the Publications Office of the European Union
for publication in the Official Journal of the European
Union;
2) in the restricted procedure - the term for the submission
of tenders which is not less than 10 days from the day when the
invitation to tender is sent to the selected candidates.
(13) If, due to some reason, the technical specifications and
other documents or additional information is requested, however
is not issued within the terms referred to in Section 38 of this
Law, or if the tenders may be prepared only after having seen the
site of performance of the contract or after becoming familiar
with additional documents of the procurement procedure at the
contracting authority, the contracting authority shall extend the
term for the submission of tenders by providing the possibility
for economic operators to obtain the information which is
necessary for the preparation of tenders.
[9 November 2017; 5 October 2023]
Section 38. Issue of Procurement
Procedure Documents and Provision of Additional Information
(1) The candidate selection regulations and all additionally
required documents for the selection of candidates shall be
available starting from the day when the contract notice is
published.
(2) If the contracting authority fails to provide free and
direct electronic access to the procurement procedure documents
and all additionally required documents, the contracting
authority shall send them or issue to the interested economic
operators within six days after the request for these documents
has been received, conforming to the condition that the request
for documents is received in a timely manner before the term for
the submission of applications or tenders. Concurrently, the
interested economic operators are ensured with a possibility to
become acquainted with the procurement procedure documents at the
contracting authority starting from the moment when the relevant
procurement procedure is announced. If procurement procedure
documents contain restricted access information or information
subject to protection, the conditions referred to in Sections 10
and 21 of this Law shall apply.
(3) If the interested economic operator has requested
additional information on the requirements for the selection of
candidates in a timely manner, the contracting authority shall
provide it as soon as possible, however not later than four days
before the end of the term for the submission of applications. If
the contracting authority has received the request for
information later than four days before the end of the term for
the submission of applications, the contracting authority shall
not provide additional information.
(4) If the interested economic operator has requested
additional information on the requirements included in the
procurement procedure documents in respect of preparation and
submission of tenders in a timely manner, the contracting
authority shall provide it as soon as possible, however not later
than six days before the end of the term for submission of
tenders. If a candidate has requested the abovementioned
additional information in a timely manner in the case referred to
in Section 37, Paragraph twelve, Clause 2 of this Law, the
contracting authority shall provide it as soon as possible,
however not later than four days before the end of the term for
the submission of tenders. If the contracting authority has
received the request for information later than the
abovementioned terms for the submission of additional
information, the contracting authority shall not provide
additional information.
(5) If the contracting authority provides additional
information, it shall concurrently send such information to all
economic operators who have received the procurement procedure
documents, indicating also the question asked. If the contracting
authority provides free and direct electronic access to
procurement procedure documents, it shall, concurrently with
sending additional information to the economic operator who has
asked the question, post such information on the website where
the procurement procedure documents are available, indicating
also the question asked.
(6) If the contracting authority has made amendments to the
procurement procedure documents, it shall send the information on
amendments to all economic operators who have received the
procurement procedure documents. If the contracting authority
provides free and direct electronic access to the procurement
procedure documents, it shall post such information on the
website where these documents are available. The contracting
authority shall send this information to the economic operators
or post it on the website not later than on the day when the
contract notice has been repeatedly published.
(7) Procurement procedure documents shall be available in
electronic format free of charge. The contracting authority is
entitled to request a fee for the issue of those procurement
procedure documents which may not be issued in electronic format,
and such a fee does not exceed expenses for actual reproduction
and sending of documents.
[9 November 2017; 13 October 2022; 5 October 2023]
Section 39. Exchange of Information
in Procurement Procedures
(1) The contracting authority and economic operators shall
exchange information, except for information subject to
protection, by post, fax, electronic means (in accordance with
the provisions referred to in Paragraphs five, six, and seven of
this Section) or by phone (in the cases referred to in Paragraph
eight, Clauses 1 and 2 of this Section), depending on the choice
of the contracting authority.
(2) If information subject to protection is not sent, the
contracting authority shall choose such means for the exchange of
information which are generally accessible in order not to hinder
the access by the economic operators to the procurement
procedures. The contracting authority shall choose such method of
sending the documents which ensures that the addressee receives
information as soon as possible.
(3) The exchange and storage of information shall be carried
out so as to protect all the data included in applications and
tenders and that the contracting authority might examine the
content of applications and tenders only after expiry of term for
submission thereof.
(4) The contracting authority shall not provide any
information on the existence of other applications or tenders
during a time period from the day of submission of applications
and tenders until the time of opening thereof. The contracting
authority shall not, during the evaluation of applications and
tenders, provide information on the evaluation process until the
notification of results.
(5) If electronic means are used for the exchange of
information, the contracting authority shall choose such means
which are publicly accessible and compatible with generally used
information and communication technology products, thus
preventing the possibility of discriminating economic operators
on these grounds.
(6) The provisions of Section 40 of this Law shall be applied
to electronic equipment which is used for the submission and
receipt of applications and tenders.
(7) If applications and tenders are submitted electronically,
the candidates or tenderers shall submit the certificates,
certifications, and other documents laid down in Sections 13, 14,
15, 16, 17, and 44 of this Law until the end of the term for the
submission of applications or tenders, unless these documents are
in electronic format.
(8) The following provisions shall be complied with in the
submission of applications:
1) applications for participation in the procurement procedure
may be sent in writing or notified by telephone;
2) if an application is notified by telephone, a written
confirmation shall be sent before expiry of the term for the
submission of applications;
3) [5 October 2023].
[13 October 2022; 5 October 2023]
Section 40. Requirements in Respect
of Receipt of Electronic Documents
The following provisions shall be complied with when using
electronic means with which applications and tenders are received
in procurement procedures:
1) the information on specifications which apply to electronic
submission of applications and tenders is available to all the
interested economic operators;
2) electronic documents are submitted in conformity with the
requirements of the Electronic Documents Law;
3) the date and time when the applications or tenders are
submitted in the procurement procedure may be precisely
identified;
4) nobody can access the submitted documents before the end of
the specified term;
5) an infringement may be detected if anyone has infringed the
prohibition referred to in Clause 4 of this Section;
6) only authorised persons may set or change the time for
opening the received documents;
7) access to the submitted documents or part thereof at
different stages of the procurement procedure is possible only
after the activities performed simultaneously by the authorised
persons;
8) as a result of the simultaneously performed activities, the
authorised persons may access the submitted documents not earlier
than on the specified date;
9) only those authorised persons have access to the submitted
and opened documents to whom such access has been granted.
Section 41. Procurement Procedure
Notice
(1) The contracting authority shall document a procurement
procedure, including the procurement procedure which takes place
by using electronic means, and draw up a procurement procedure
notice after the decision on the results of such procedure has
been taken.
(2) At least the following information shall be included in
the procurement procedure notice:
1) the name and address of the contracting authority,
procurement identification number, type of the procurement
procedure, and also the subject-matter of the contract or
framework agreement;
2) if a competitive dialogue is applied - the justification
for the application of the procedure in accordance with Section
6, Paragraph five of this Law;
3) if negotiated procedure is applied without publishing the
contract notice - the justification for the application of the
procedure in accordance with Section 6, Paragraph six of this
Law. If the contracting authority has applied a negotiated
procedure without publishing the contract notice in accordance
with Section 6, Paragraph six, Clause 8 or 12 of this Law and has
exceeded the restriction of the specified term of five years -
also justification for the existence of exceptional circumstances
which justify such exceeding of the abovementioned term;
4) if the term of the framework agreement exceeds seven years
- justification for the determination of such term;
5) if the procurement commission is to be established - its
composition and justification for the establishment thereof;
6) the date when the contract notice and prior information
notice is published on the website of the Procurement Monitoring
Bureau;
7) the requirements laid down for candidates or tenderers, the
tender selection criterion, and also evaluation criteria in the
descending order of importance or proportion thereof, if the
economically most advantageous tender is determined as the tender
selection criterion;
8) the term for the submission of applications and tenders,
and also the justification for the reduction of the term if in
the negotiated procedure the contracting authority determines, in
accordance with Section 37, Paragraph eight of this Law, the term
for the submission of tenders which is less than 36 days from the
day when the invitation to tender is sent to the selected
candidates, or if the contracting authority reduces the term in
accordance with Section 37, Paragraph twelve of this Law;
9) the names of those economic operators which have applied
for the selection of candidates and the names of those tenderers
which have submitted tenders, and also the prices offered, and
other information characterising the tender;
10) the place, date, and time of the opening of tenders;
11) the names of those tenderers which have been selected in
accordance with the provisions for the selection of candidates
and invited to tender or participate in negotiations, and also
the justification for the relevant decisions;
12) the name of the tenderer (or tenderers) with which it is
decided to conclude a procurement contract or framework
agreement, the contract price, and also the summary for the
evaluation of tenders and justification for the selection of the
tender;
13) the information (if such is known) on that part of the
contract or framework agreement which the tenderer selected
through the procurement procedure has planned to transfer to
subcontractors;
14) the names of those economic operators whose applications
or tenders have been rejected, and also the justification for
such rejection;
15) if the contracting authority has taken the decision to
terminate or suspend the procurement procedure - the
justification for such decision.
(3) The contracting authority shall draw up a notice and
inform tenderers on the results of the procurement procedure in
accordance with Section 52, Paragraph two of this Law. If the
provisions of Section 52, Paragraph two of this Law are not
applicable, the contracting authority shall draw up the notice
not later than within five working days after taking the decision
on the results of the procurement procedure.
(4) The notice, upon a request, shall be issued within two
working days. Other documents of the procurement procedure,
except for the tenders, shall be issued within the time period
and the procedures laid down in the Freedom of Information Law,
if not prescribed otherwise by this Law. Tenders shall not be
issued or presented to economic operators and other persons
unrelated with the evaluation of tenders.
(5) The contracting authority shall send the notice to the
European Commission if the European Commission requests it.
[9 November 2017]
Section 42. Storage of Procurement
Procedure Documents
The contracting authority shall keep all originals of the
procurement procedure documents, and also originals of the
tenders, at least during the entire term of the procurement
contract or framework agreement, and also within the term of the
procurement contracts concluded within the framework thereof and
two years after the end of the term thereof, however not less
than for five years after taking the decision in the procurement
procedure.
Chapter
VI
Selection of Candidates and Tenderers, Dialogue, and Selection of
Tenders in a Restricted Procedure, Negotiated Procedure, and
Competitive Dialogue
Section 43. Selection of Candidates
and Tenderers
(1) The economic operator shall submit an application which
has been drawn up in conformity with the laid down requirements
at the place and time indicated in the contract notice.
(2) The contracting authority shall select candidates after
the end of the term for the submission of applications by
complying with the provisions for exclusion referred to in
Section 44 of this Law, the requirements laid down in the
contract notice and candidate selection regulations in accordance
with Sections 13, 14, 15, 16, and 17 of this Law and other
requirements laid down in accordance with Section 12 of this Law,
and also complying with the evaluation methodology of candidates
laid down in accordance with Section 18, Paragraph one of this
Law if the contracting authority has intended to reduce the
number of candidates.
(3) After selection of candidates, the contracting authority
shall simultaneously and in writing invite all the selected
candidates to submit a tender (in the case of a restricted
procedure) or to participate in a dialogue (in the case of a
competitive dialogue) or negotiations (in the case of negotiated
procedure by publishing a contract notice). The invitation to
tender in a restricted procedure and invitation to negotiations
or dialogue shall include the information and requirements laid
down in accordance with the provisions of Chapter III of this
Law, or indication of the website address where the documents
which include the abovementioned information and requirements are
available, if the contracting authority provides free and direct
electronic access to the procurement procedure documents and all
additionally required documents.
(4) If the contracting authority reduces the number of
candidates, it shall invite to tender or participate in a
dialogue or negotiations a certain number of the selected
candidates which may not be less than the number specified in the
contract notice and candidate selection regulations, provided
that a sufficient number of appropriate candidates is
available.
(5) If the number of those candidates who comply with the
requirements referred to in Paragraph two of this Section is less
than the specified number, the contracting authority is entitled
to invite the candidates complying with the abovementioned
requirements.
(6) If the number of those candidates who comply with the
requirements referred to in Paragraph two of this Section is less
than the specified number and the contracting authority considers
that it is not possible to ensure sufficient competition, it may
terminate the procurement procedure and announce a new
procurement procedure by inviting also the candidates selected in
this procurement procedure to tender or participate in a dialogue
or negotiations, or suspend the procurement procedure.
(7) The contracting authority is not entitled to invite to
tender or participate in a dialogue or negotiations such economic
operators who have not submitted applications or fail to comply
with the laid down requirements.
(8) The candidates who are not invited by the contracting
authority to tender or participate in a dialogue or negotiations
in accordance with Paragraph three of this Section shall be
informed by it in accordance with Section 52 of this Law.
[9 November 2017]
Section 44. Provisions for Exclusion
of Candidates and Tenderers
(1) The contracting authority shall exclude a candidate or
tenderer from further participation in the 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 judgement that has entered into effect and has become
incontestable and unappealable, or a coercive measure has been
applied thereto:
a) accepting of 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;
b) fraud, misappropriation, or money laundering;
c) 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 the
committing of acts of terrorism;
d) establishment, 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;
e) movement of radioactive or hazardous substances, goods of
strategic importance or other valuable properties, explosives,
weapons, or ammunition across the State border in an illegal
way;
f) evasion of tax payments and payments equivalent
thereto;
2) the contracting authority has received an opinion of the
State security institution stating that conclusion of the
procurement contract with a candidate or tenderer may endanger
national security, including that the activities of the candidate
or tenderer are directed against security of the Republic of
Latvia, the candidate or tenderer is related to organised crime
or criminal activities, there is information which confirms that
the candidate or tenderer belongs to prohibited militarised or
armed groups, public organisations (parties) or their
associations, or religious organisations;
3) a candidate or tenderer, a participant or member thereof
(if the candidate or tenderer is an association of economic
operators or a partnership) as a contracting party or member or
participant of the contracting party (if the contracting party is
an association of economic operators or a partnership) has failed
to execute the procurement contract, framework agreement,
partnership procurement contract, or concession contract
concluded with the contracting authority, public service
provider, public partner, or representative of the public partner
and therefore the contracting authority, public service provider,
public partner, or representative of the public partner has
unilaterally withdrawn from the procurement contract, framework
agreement, partnership procurement contract, or concession
contract;
4) on the last day of the time limit for the submission of
applications in case of a candidate and of tenders in case of a
tenderer, or on the day when the decision is taken to possibly
award the procurement contract, they have outstanding tax
liabilities, including in the field of mandatory State social
insurance, 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;
5) 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 limit
specified in the laws and regulations regarding taxes, an
informative declaration regarding such person which is to be
submitted on persons who commence employment;
6) 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;
7) a candidate or tenderer, by such decision of the competent
authority or a court judgement which has entered into effect and
has become incontestable and unappealable, has been found guilty
of or is liable for the payment of fine in relation to violating
the competition law which manifests itself in a horizontal cartel
agreement, except for the case where the relevant authority, upon
establishing a violation of the competition law, has given
immunity from a fine to the candidate or tenderer or has reduced
the fine for cooperation under the leniency programme;
8) 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) a member of the partnership if the candidate or tenderer is
a partnership;
2) the person indicated by the candidate or tenderer on whose
capacities the candidate or tenderer relies to confirm that its
qualification conforms to the requirements laid down in the
procurement procedure documents;
3) the subcontractor indicated by the tenderer;
4) the subcontractor selected by the tenderer in accordance
with the provisions of Section 60 of this Law.
(4) The contracting authority shall, however, not exclude a
candidate or tenderer from participation in the procurement
procedure in any of the following cases:
1) the candidate or tenderer has ensured reliability in
accordance with the procedures laid down in Section
44.1 of this Law;
2) in the case referred to in Paragraph two, Clauses 1, 5, and
7 of this Section, if three years have elapsed from the date on
which a court judgment, a prosecutor's penal order, or a decision
taken by another competent authority has become incontestable and
unappealable until the last day of the term for the submission of
applications or tenders;
3) in the case referred to in Paragraph two, Clause 3 of this
Section, three years have elapsed from the day when the
contracting authority, public service provider, public partner,
or representative of the public partner has unilaterally
withdrawn from the procurement contract, framework agreement,
partnership procurement contract, or concession contract until
the last day of the term for submission of applications or
tenders.
(5) The contracting authority shall exclude the candidate or
tenderer from participation in the procurement procedure for the
reasons referred to in Paragraph two, Clause 1, 2, 4, 5, 6, or 7
of this Section on the basis of the information obtained by it in
accordance with the following procedures:
1) using the information system stipulated by the Cabinet in
relation to a person registered or permanently residing in
Latvia, and also, on the basis of the reasons for exclusion
referred to in Paragraph two, Clauses 1, 4, 5, and 7 of this
Section, in relation to a person registered or permanently
residing in a foreign country, ensuring compliance with the
following procedures and without the necessity to request the
consent of the respective persons:
a) the contracting authority, and also the economic operator
shall obtain information regarding themselves from the
Information Centre of the Ministry of the Interior (Punishment
Register) in respect of the reason for exclusion referred to in
Paragraph two, Clauses 1, 5, and 7 of this Section;
b) the contracting authority shall obtain 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);
c) the contracting authority, and also the economic operator
shall obtain information regarding themselves from the State
Revenue Service and local governments of Latvia in respect of the
reason for exclusion referred to in Paragraph two, Clause 4 of
this Section. The contracting authority shall take into account
information posted in the information system determined by the
Cabinet on the date of the last update of data in the public tax
debtors' database and the Administration System of Immovable
Property Tax of the State Revenue Service. If the contracting
authority establishes that in the information system determined
by the Cabinet, according to the information posted on the date
of the last update of data in the public tax debtors' database
and the Administration System of Immovable Property Tax of the
State Revenue Service, the tenderer, or the person referred to in
Paragraph three of this Section has outstanding tax liabilities
on the last day of the time limit for the submission of
applications or tenders or on the day when the decision is taken
to possibly award the procurement contract the candidate, the
contracting authority shall set the time limit - three working
days after the day of sending an information request - for the
submission of the 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 any
outstanding tax liabilities on the relevant day;
d) the contracting authority, and also the economic operator
shall obtain information on themselves from the Enterprise
Register in respect of the reason for exclusion referred to in
Paragraph two, Clause 6 of this Section;
e) the contracting authority shall obtain information on a
person registered or permanently residing in a foreign country
from the candidate or tenderer;
2) in order to confirm 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, a
person with representation rights, a proctor of the candidate or
tenderer registered in Latvia or the person referred to in
Paragraph three of this Section, or to a person who is authorised
to represent the candidate or tenderer in activities related to a
branch and who permanently resides in a foreign country, the
candidate or tender shall submit the following upon request of
the contracting authority within the time limit specified by the
contracting authority which may not be less than 10 working days
after the day of sending the request:
a) in relation to the reasons for exclusion referred to in
Paragraph two, Clauses 1, 4, 5, 6, and 7 of this Section, a
statement or another document issued by the competent authority
of the respective foreign country certifying the absence of the
reason for exclusion. The relevant statement of the foreign
competent authority can be replaced by an explanation if, in
accordance with the legal acts of the country of registration of
the candidate, the tenderer, or of the person referred to in
Paragraph three 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 may not be a person
to which the reasons for exclusion referred to in Paragraph two,
Clause 1 of this Section are applicable;
b) if the statements or other documents of the competent
authority referred to in Sub-clause "a" of this Clause are not
issued in the relevant foreign country or they are not sufficient
to confirm that the reasons for exclusion referred to in
Paragraph two, Clauses 1, 4, 5, 6, and 7 of this Section are not
applicable to the candidate, the tenderer, or the person referred
to in Paragraph three of this Section, such statements or other
documents can be replaced by an oath or, if the legal acts of the
relevant country do not provide for taking the oath, in respect
of the reason for exclusion referred to in Paragraph two, Clause
1, 4, or 6 of this Section - by the confirmation of the
candidate, the tenderer, or another person referred to in
Paragraph two or three of this Section to a competent executive
or judicial authority, a sworn notary, or a competent
organisation of the relevant sector in the country of
registration or permanent place of residence thereof, but in
respect of the reason for exclusion referred to in Paragraph two,
Clause 5 or 7 of this Section - by the confirmation of the
candidate, the tenderer, or the person referred to in Paragraph
three to the contracting authority;
3) in respect of the reason for exclusion referred to in
Paragraph two, Clause 2 of this Section, the contracting
authority requests an opinion of:
a) the Constitution Protection Bureau if the contracting
authority is the Saeima, the Chancery of the President,
the State Chancellery, the Cross-Sectoral Coordination Centre,
the State Audit Office, Latvijas Banka, the Ministry of Foreign
Affairs, the Office of the Prosecutor, or the Corruption
Prevention and Combating Bureau;
b) the Defence Intelligence and Security Service if the
contracting authority is the Ministry of Defence, its subordinate
institution, or the National Armed Forces;
c) the State Security Service if the contracting authority is
an authority not referred to in Sub-clauses "a" and "b" of this
Clause.
(6) The evidence referred to in Paragraph five, Clause 1,
Sub-clause "c" of this Section which can confirm that the
candidate, the tenderer, or the person referred to in Paragraph
three of this Section has not had any outstanding tax liabilities
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) any other objective evidence regarding non-existence of tax
debts or tax liabilities.
(7) The contracting authority may exclude a candidate or
tenderer from participation in the procurement procedure due to
the reason for exclusion referred to in Paragraph two, Clause 3
of this Section if the contracting authority has sufficient and
objective information at its disposal which can prove that the
relevant reason for exclusion exists. If, in evaluating the
information at its disposal, the contracting authority has a
reasonable doubt as to the sufficiency of the evidence or the
violations committed by the particular person are minor, the
contracting authority shall not exclude the candidate or the
tenderer from further participation in the procurement
procedure.
(8) The contracting authority shall exclude a candidate or
tenderer from participation in the procurement procedure if the
contracting authority establishes the reasons for exclusion
referred to in Paragraph two, Clause 8 of this Section.
(9) The contracting authority shall carry out the verification
regarding the reasons for the exclusion of candidates and
tenderers specified in Paragraph two of this Section:
1) in a restricted procedure, negotiated procedure by
publishing a contract notice, and in competitive dialogue - in
respect of each candidate who meets other requirements laid down
in the contract notice and candidate selection regulations and
should be invited to tender. If it is provided for in the
procurement documents, the verification may be carried out in
respect of a tenderer to whom the procurement contract should be
awarded in conformity with the requirements laid down in the
procurement procedure documents and the selected tender
evaluation criteria, but if the contracting authority applies
reduction in the number of candidates, it shall carry out the
abovementioned verification prior to reducing the number of
candidates. The contracting authority shall carry out
verification of the reason for exclusion referred to in Paragraph
two, Clause 4 of this Section in respect of each tenderer to whom
the procurement contract should be awarded in conformity with
other requirements laid down in the procurement procedure
documents and the selected tender evaluation criteria;
2) in a negotiated procedure without publishing a contract
notice and in the procurement referred to in Section 6, Paragraph
seven of this Law (if the contracting authority has intended in
the procurement documents to apply the reasons for exclusion
referred to in Paragraph two of this Section) - in respect of
each tenderer to whom the procurement contract should be
awarded.
(10) The Cabinet shall determine:
1) the information system in which the verification referred
to in Paragraph five, Clause 1 of this Section is to be carried
out, 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 norms
thereof which correspond to the reasons for the exclusion of
candidates and tenderers laid down in Paragraph two of this
Section and provide for the violations and criminal offences in
respect of which the verification referred to in Paragraph five,
Clause 1, Sub-clause "a" of this Section is to be carried
out;
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 scope of the 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.
[13 October 2022; 5 October 2023]
Section 44.1 Ensuring of
Reliability
(1) If the contracting authority establishes that a candidate
or tenderer should be excluded from participation in the
procurement procedure on the basis of the reasons for exclusion
referred to in Section 44, Paragraph two, Clauses 1, 3, 5, 6, 7,
and 8 of this Law, including in relation to the person referred
to in Section 44, Paragraph three, Clause 1 of this Law, and the
exclusions specified in Section 44, Paragraph four, Clauses 2 and
3 of this Law are not applicable, the contracting authority shall
grant the candidate or tenderer the right, within the time limit
which is at least 10 days after the day of sending an information
request, to provide an explanation and evidence which confirm
reliability of the candidate or tenderer in accordance with the
provisions of this Section.
(2) When confirming reliability, the candidate or tenderer
shall provide an explanation and evidence for the compensation of
the damage caused or an agreement concluded on the compensation
of the damage caused, cooperation with the investigating
institutions and the technical, organisational, or personnel
measures taken in order to prove its reliability and to prevent
repetition of the same and similar events in the future.
(3) The contracting authority shall evaluate the information
provided in the explanation, the measures taken by the candidate,
tenderer, or a member of partnership (if the candidate or the
tenderer is a partnership), and the evidence thereof, taking into
account the severity of the violation and specific circumstances.
The contracting authority may request opinions from the competent
authorities in the field of the relevant violation on the fact
whether the measures taken by the candidate or tenderer are
sufficient to restore reliability and to prevent the same and
similar events in the future. The opinion shall not be requested
if the opinion of the competent authority in the field of the
relevant violation is available to the contracting authority in
respect of the sufficiency of the measures taken by the candidate
or tenderer to restore reliability and to prevent the same and
similar events in the future or if the candidate or the tenderer
has submitted such opinion.
(4) If the contracting authority considers the information
provided in the explanation and the measures taken to be
sufficient to restore reliability and to prevent the same and
similar events in the future, it shall take the decision that the
relevant candidate or tenderer has ensured reliability and should
not be excluded from participation in the procurement procedure
in accordance with Section 44, Paragraph four, Clause 1 of this
Law.
(5) If the reasons for exclusion referred to in Section 44,
Paragraph two of this Law apply to the person referred to in
Section 44, Paragraph three, Clauses 2, 3, and 4 of this Law,
reliability shall be ensured by the candidate or tenderer
replacing the person referred to in Section 44, Paragraph three,
Clauses 2, 3, and 4 of this Law with a person who corresponds to
the requirements laid down in the procurement procedure documents
and to whom the reasons for exclusion specified in Section 44,
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
contracting authority 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 replace the persons referred to in
Section 44, Paragraph three, Clauses 2 and 3 of this Law in
accordance with Paragraph five of this Section, the contracting
authority shall take the decision to exclude the candidate or
tenderer from further participation in the procurement
procedure.
(7) The tenderer selected in the procurement procedure shall,
within 10 days from sending of the rejection decision of the
contracting authority on the subcontractor selected by the
tenderer, replace the person referred to in Section 44, Paragraph
three, Clause 4 of this Law in accordance with the conditions of
Paragraph five of this Section.
(8) The possibility provided for in this Section to ensure
restoration of responsibility in accordance with Paragraphs two
and three of this Section shall not be applicable to a person in
respect of whom a final and unappealable judgement has entered
into effect in his or her country of registration or permanent
place of residence by which the person is excluded from
participation in the procurement procedures and the time limit
specified in the relevant judgement until which the person should
be excluded from participation in the procurement procedures has
not expired.
[13 October 2022]
Section 45. Verification of the
Submitted Information and the Right to Request Additional
Information
(1) Statements and other documents which are issued by foreign
competent authorities in the cases referred to this Law, shall be
accepted and recognised by the contracting authority if they have
been issued not earlier than six months prior to the day of
submission or if their validity arises from the term indicated in
the document.
(2) The contracting authority is entitled to verify the
submitted information, including with the competent authority, in
publicly accessible databases and other publicly accessible
sources. Such right applies also to the cases when the
contracting authority has not determined in the notice of the
procurement contract the documents to be submitted for the
confirmation of performance of the laid down requirements.
(3) If the contracting authority has acquired the information
in the manner referred to in Paragraph two of this Section and
the information obtained indicates to non-conformity of a
candidate or tenderer with the requirements laid down in the
procurement procedure documents, the contracting authority shall
inform the relevant candidate or tenderer thereof and it is
entitled to submit a statement or other document on the relevant
fact which proves the conformity of the candidate or
tenderer.
(4) The contracting authority is entitled to ask that an
economic operator or competent authority supplements or explains
certificates and documents which have been submitted in order to
certify the conformity with the requirements laid down in the
procurement procedure documents.
(5) If the contracting authority has doubts on the
authenticity of the copy of the submitted document, it shall
request that a candidate or tenderer present the original of the
document or submit a certified copy of the document or other
certified derivative of the document.
[9 November 2017; 13 October 2022; 5 October 2023]
Section 46. Process of a
Dialogue
(1) The contracting authority shall commence a dialogue with
the selected candidates at the place and time indicated in the
invitation to a dialogue during which the contracting authority
is entitled to negotiate with them all the aspects related to the
contract.
(2) During the dialogue, the contracting authority shall
negotiate with each candidate individually. The contracting
authority shall ensure equal treatment for all candidates, and
shall not give an advantage to any candidate.
(3) The contracting authority shall not disclose to other
candidates, without the consent of the candidates, the solutions,
information which is a commercial secret offered thereby, and
also other information which is transferred to the contracting
authority by the candidates.
(4) If the contracting authority has determined in accordance
with Section 18, Paragraph two of this Law that a dialogue will
take place in a number of successive phases in order to reduce
the number of the solutions to be discussed in a dialogue, it
shall apply the tender evaluation criteria laid down in advance
in the procurement procedure documents and take the decision to
reject one or several such solutions which have obtained the
lowest evaluation. In any case the remaining number of solutions
must be sufficient to ensure the competition, provided that
sufficient number of solutions meeting the needs of the
contracting authority is available.
(5) The contracting authority shall continue a dialogue until
such solution or solutions are developed which comply with the
needs determined by the contracting authority.
(6) The contracting authority shall close a dialogue and
inform all the selected candidates thereon by sending the
invitation to tender on the basis of a solution or solutions
which were developed and clarified during the dialogue. The
contracting authority shall indicate in the invitation that all
the elements necessary for the performance of the project which
are included in the developed solution are to be included in the
tender.
(7) The contracting authority shall determine the term for the
submission of tenders in the invitation to tender in accordance
with Section 37, Paragraph five of this Law.
(8) The contracting authority is entitled to grant payments to
the participants to a dialogue for the participation in the
dialogue and prizes for the best developed solutions if the
contracting authority has intended granting of such payments and
prizes in the procurement procedure documents.
[5 October 2023]
Section 47. Submission and Opening
of Tenders, Commencement of Negotiations
(1) The economic operator shall submit a tender to a security
(if any is intended) prepared in conformity with the laid down
requirements at the place and time indicated in the invitation to
tender in a restricted procedure or competitive dialogue.
(2) The contracting authority shall open the submitted tenders
immediately after the end of the term for the submission of
tenders at the place and time indicated in the invitation to
tender in a restricted procedure or competitive dialogue. The
contracting authority shall convene a meeting for opening of
tenders. The abovementioned meeting shall be open.
(3) Tenders shall be opened in the order of submission thereof
by naming the tenderer, the time of submission of the tender, the
price offered and (if it is intended) other information
characterising the tender.
(4) The economic operator shall submit an initial tender to
negotiations and tender security (if any is intended) prepared in
conformity with the laid down requirements at the place and time
indicated in the invitation to negotiations in the negotiated
procedure by publishing a contract notice.
Section 48. Negotiations, Conformity
Check of Tenders and Selection Thereof
(1) In a restricted procedure and competitive dialogue the
contracting authority shall check the conformity of tenders with
the specified requirements and select appropriate tender or
tenders in accordance with the determined tender selection
criterion.
(2) In a negotiated procedure by publishing a contract notice
the contracting authority shall negotiate the submitted tenders
with tenderers in order to coordinate them with the determined
requirements and select the most appropriate tender in accordance
with the determined tender selection criterion.
(3) During negotiations the contracting authority shall ensure
equal treatment for all tenderers, and also shall ensure equal
access to the information on the procurement for everybody. The
contracting authority shall not give an advantage to any
tenderer.
(4) If the contracting authority has determined in accordance
with Section 18, Paragraph two of this Law that negotiations will
take place in a number of successive phases in order to reduce
the number of the tenders to be discussed in negotiations, it
shall apply the tender evaluation criteria laid down in the
procurement procedure documents and take the decision to reject
one or several such tenders which have obtained the lowest
evaluation. In any case the remaining number of tenders must be
sufficient to ensure the competition, provided that sufficient
number of tenders meeting the needs of the contracting authority
is available.
(5) In the case of a competitive dialogue the tenderer is
entitled to explain, clarify and finally coordinate the tender
upon the request of the contracting authority where it is
necessary for the conformity check of the tender and selection
thereof. Such explanation, clarification, coordination, and
provision of additional information may not cause changes to the
main conditions which are included in a tender or invitation to
tender, and thus limit the competition and promote
discrimination.
(6) If it is necessary for the conformity check of the
submitted tender in accordance with the determined requirements
or evaluation thereof in accordance with the determined tender
evaluation criteria, the contracting authority is entitled to
request that product samples are submitted or presented during
the evaluation of tenders.
(7) During the evaluation of tenders the contracting authority
shall check whether there are arithmetical errors in a tender. If
the contracting authority detects such errors, it shall correct
such errors and notify the tenderer whose errors have been
corrected thereof. When evaluating the tender, the contracting
authority shall take the corrections into account.
(8) When evaluating a financial tender, the contracting
authority shall ascertain that all the taxes to be paid in
relation to the contract to be concluded regardless of the person
who has intended to pay them, except for the value added tax,
have been included in the financial tender. If the contracting
authority detects that these taxes are not included in the
financial tender, the contracting authority shall calculate them
and include in the financial tender. The contracting authority
shall notify the tenderer whose tender has been adjusted of the
adjustment of the tender and the adjusted contract price.
(9) If the subject-matter of the procurement has been divided
into lots, the contracting authority shall take the decision to
conclude the procurement contract for each lot separately. The
contracting authority may publish the contract award notice with
respect to each lot separately.
(10) In the case of a competitive dialogue the contracting
authority is entitled to ask that the tenderer selected through
this procurement procedure explains the elements of its tender
and confirms to undertake the obligations referred to in the
tender. Such explanation and confirmation of the obligations may
not cause changes to the main conditions of the tender included
in a tender or invitation to tender, and thus limit the
competition and promote discrimination.
(11) If the tenderer selected through the procurement
procedure refuses to conclude the procurement contract with the
contracting authority, the contracting authority shall take the
decision to conclude the procurement contract with the next
tenderer who has offered the lowest price or submitted the
economically most advantageous tender, or to suspend the
procurement procedure without selecting any tender. If the
decision is taken to conclude the procurement contract with the
next tenderer who has offered the lowest price or submitted the
economically most advantageous tender, but it refuses to conclude
the procurement contract, the contracting authority shall take
the decision to suspend the procurement procedure without
selecting any tender.
(12) Before the decision is taken to conclude the procurement
contract with the next tenderer who has offered the lowest price
or submitted the economically most advantageous tender, the
contracting authority shall assess whether it and the initially
selected tenderer who refused to conclude the procurement
contract with the contracting authority are considered both
together as one market participant within the meaning of the
Competition Law. Where necessary, the contracting authority is
entitled to request a certification and evidence that it and the
initially selected tenderer who refused to conclude the
procurement contract with the contracting authority are not
regarded as one market participant within the meaning of the
Competition Law. If the next tenderer and the initially selected
tenderer who refused to conclude the procurement contract with
the contracting authority are regarded as one market participant
within the meaning of the Competition Law, the contracting
authority shall take the decision to suspend the procurement
procedure without selecting any tender.
(13) If the contracting authority takes the decision to
conclude the procurement contract with the next tenderer who has
offered the lowest price or has submitted the economically most
advantageous tender, the contracting authority shall inform the
Competition Council thereof by indicating the specific
procurement procedure, and also the information (name and
registration number or other identifying information if there is
no registration number) on the tenderer who has refused to
conclude the contract and the tenderer who has offered the lowest
price or has submitted the economically most advantageous tender,
and in respect of whom the decision to conclude the contract is
taken.
[5 October 2023]
Section 49. Process of Electronic
Auction
(1) If the contracting authority has intended to apply an
electronic auction in accordance with Section 25 of this Law, it
shall, after initial evaluation of the tenders in accordance with
the tender selection criterion, concurrently invite all the
tenderers who have submitted appropriate tenders to submit
electronically new prices or prices and values. The invitation to
electronic auction shall contain all the necessary information
concerning 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 the
invitation to participate in this auction.
(2) In addition to the data referred to in Paragraph one of
this Section, the contracting authority shall define one or
several of the following conditions in the invitation to the
electronic auction for closing the electronic auction:
1) the date and time;
2) the condition that the auction will be closed after the
receipt of the last bid if the time indicated in the invitation
to an electronic auction has expired and no new bid is placed
during this period;
3) the condition that the auction will be closed if all the
stages of the electronic auction referred to in the invitation
are completed.
(3) If the contracting authority wishes to close the auction
by complying with both the provisions of Paragraph two, Clause 2
and Clause 3 of this Section, it shall indicate in the invitation
to the electronic auction the time intended for each stage of the
auction.
(4) If it is intended to select the economically most
advantageous tender, the invitation to the electronic auction
shall be appended by the summary of evaluation of tenders. The
invitation shall also state 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 specified proportion of criteria, shall determine the
re-ranking of positions, using the newly submitted values and
prices or only prices. If variants are authorised, a separate
formula shall be provided for each variant.
(5) In each phase of an electronic auction the contracting
authority shall continuously communicate information to all
tenderers to enable them to ascertain their relative rankings at
any moment. The contracting authority is entitled to communicate
also information on other offered prices or values if it is
provided for in the procurement procedure documents. The
contracting authority is entitled also to announce the number of
the auction participants at any time in the particular phase of
the electronic auction, however, it is not entitled to disclose
the identity of the participant.
(6) The contracting authority shall close the electronic
auction by observing the conditions laid down in the invitation
to auction in accordance with Paragraph two of this Section.
(7) When the electronic auction is closed, the contracting
authority shall, using the results of such auction, select the
tender in accordance with the specified tender selection
criterion.
(8) The contracting authority is not entitled to use the
electronic auction to hinder, restrict, or distort the
competition or change the subject-matter of the procurement which
is determined in the procurement procedure documents.
[5 October 2023]
Section 50. Abnormally Low
Tender
(1) The contracting authority shall reject the tender of a
tenderer if it detects in accordance with the procedures laid
down in this Section that the tender of the tenderer is
abnormally low.
(2) If the contracting authority considers that the tender for
the given works contract, supply contract or service contract is
abnormally low, it shall, before possible rejection of such
tender, request in writing detailed explanation of the
constituent conditions of the tender from the tenderer.
(3) The detailed explanation may relate in particular to:
1) the costs of the construction method, production process or
the services to be provided;
2) the technical solutions chosen and any exceptionally
favourable conditions available to the tenderer for the
performance of construction work, the supply of the products or
provision of services;
3) the qualities and originality of the construction work,
products or services proposed;
4) the compliance with the provisions relating to labour
protection and working conditions at the place where the
construction work is performed, products are supplied or services
are provided;
5) the possibilities of the tenderer to obtain aid for
commercial activity.
(4) The contracting authority shall, upon consultation with
the tenderer, evaluate all those factors referred to in Paragraph
three of this Section, taking into account the evidence submitted
by the tenderer.
(5) If the contracting authority establishes that a tender is
abnormally low because the tenderer has received aid for
commercial activity, the tender can be rejected after
consultations with the tenderer only on the basis of the fact
that the tenderer is unable to prove, within a reasonable time
period specified by the contracting authority, that the received
aid for commercial activity is legal. If the contracting
authority rejects the tender due to this reason, it shall inform
the European Commission and Procurement Monitoring Bureau on the
rejection of the tender and the reason for rejection.
Section 51. Termination and
Suspension of the Procurement Procedure
(1) If applications or tenders have not been submitted for the
particular procurement procedure, or candidates or the submitted
tenders fail to comply with the specified requirements, the
contracting authority shall take the decision to terminate the
procurement procedure, send the information referred to in
Section 52, Paragraph three of this Law to all candidates or
tenderers, and publish the contract award notice. The contracting
authority may take such decision also in the case referred to in
Section 43, Paragraph six of this Law.
(2) The contracting authority is entitled to suspend the
procurement procedure at any time if it has an objective
justification for it. The contracting authority shall send the
information referred to in Section 52, Paragraph three of this
Law to all candidates or tenderers and publish the contract award
notice.
(3) If the contracting authority has taken the decision to
terminate or suspend the procurement procedure, it shall publish
the contract award notice not later than within five working days
after sending the information referred to in Section 52,
Paragraph three of this Law to candidates or tenderers. If
applications or tenders have not been submitted for the
particular procurement procedure, the contract award notice shall
be published not later than within five working days after the
decision to terminate the procurement procedure is taken.
(4) If the contracting authority has taken the decision to
terminate the procurement procedure, it may apply the negotiated
procedure in accordance with Section 6, Paragraph six, Clause 1
or 2 of this Law without publishing a contract notice, or
organise a new procurement procedure by complying with Section
43, Paragraph six of this Law. If the procurement procedure is
suspended, it shall not be continued.
[5 October 2023]
Section 52. Procedures by which
Candidates and Tenderers shall be Informed on Results
(1) The contracting authority shall, within five working days
after taking the decision, concurrently inform all the candidates
on the decision taken in respect of the results of candidate
selection. The contracting authority shall indicate to each
rejected candidate also the reasons for the rejection of the
submitted application. The contracting authority shall inform all
the candidates on the term within which a person is entitled to
submit a complaint in accordance with Section 63, Paragraph two,
Clause 1 or 2 of this Law to the Procurement Monitoring Bureau on
the infringements of the procurement procedure.
(2) The contracting authority shall, within five working days
after taking the decision, concurrently inform all the tenderers
on the decision taken in respect of concluding the procurement
contract or framework agreement. The contracting authority shall
notify the name of the selected tenderer or the names of the
selected participants to the framework agreement by
indicating:
1) to the rejected tenderer - the reasons for rejecting the
tender submitted by it, but in the cases specified Section 19,
Paragraphs five and six of this Law - by justifying the decision
on non-conformity with equivalence or the decision on the
non-conformity of the relevant tender with the functional or
performance requirements;
2) to the tenderer who has submitted a conforming tender - the
characterisation of the selected tender and relative advantages
thereof if the economically most advantageous tender has been
specified as the tender selection criterion;
3) the term within which a tenderer is entitled to submit a
complaint in accordance with Section 63, Paragraph two, Clause 1
or 2 of this Law to the Procurement Monitoring Bureau on the
infringements of the procurement procedure.
(3) If the procurement procedure is terminated or suspended,
the contracting authority shall, within five working days after
taking the decision, concurrently inform all the candidates or
tenders on all the reasons due to which the procurement procedure
was terminated or suspended. If the contracting authority has
taken the decision to terminate the procurement procedure in
accordance with Section 43, Paragraph six of this Law, the
contracting authority shall inform all the selected candidates
also on the fact that the selected candidates will be invited to
tender or participate in the dialogue or negotiations in the new
procurement procedure concurrently with the candidates selected
therein. The contracting authority shall inform all the
candidates or tenderers on the term within which a person is
entitled to submit a complaint in accordance with Section 63,
Paragraph two, Clause 1 or 2 of this Law to the Procurement
Monitoring Bureau on the infringements of the procurement
procedure.
(4) Within the meaning of Paragraphs one, two, and three of
this Section, it shall be deemed that information has been
concurrently transferred to all candidates or all tenderers if
the information has been transferred to them on the same day.
(5) When informing of the results, the contracting authority
is entitled to not disclose the specific information the
disclosure of which may harm the public interests, especially
defence and security interests, or if disclosing such information
would infringe the lawful commercial interests of an economic
operator or fair competition rules.
(6) The contracting authority shall send information on the
results by post, fax or electronically, using a secure electronic
signature or attaching a scanned document to the electronic mail,
or shall deliver it in person.
(7) When informing on the results, the contracting authority
shall keep evidence on the date and manner of sending or transfer
of the information.
[9 November 2017]
Section 53. Special Provisions in
respect of a Negotiated Procedure without Publishing a Contract
Notice
(1) If the contracting authority applies a negotiated
procedure without publishing a contract notice and carries out
negotiations with several economic operators, it shall ensure
equal treatment for all economic operators, and also equal access
to the information on the procurement for everybody. The
contracting authority shall not give an advantage to any
tenderer.
(2) In the negotiated procedure without publishing a contract
notice, the contracting authority is entitled to not apply the
provisions for the exclusion of candidates and tenderers
determined in Section 44, Paragraph two of this Law, except for
the provisions provided for in Section 44, Paragraph two, Clauses
1 and 2 of this Law. The contracting authority is entitled also
to not apply the provisions for the exclusion of candidates and
tenderers provided for in Section 44, Paragraph two, Clause 1 of
this Law, provided that the only candidate or tenderer meeting
the specified requirements should be excluded from participation
in the negotiated procedure without publishing a contract notice
in accordance with Section 44, Paragraph two, Clause 1 of this
Law, but conclusion of the procurement contract is necessary for
the protection of significant national interests.
(3) In the contract award notice the contracting authority
shall additionally indicate all the circumstances on the basis of
which the negotiated procedure without publishing a contract
notice is being applied in accordance with the conditions of
Section 6, Paragraph six of this Law.
[13 October 2022; 5 October 2023]
Chapter
VII
Procurement Contract and Framework Agreement
Section 54. Concluding a Procurement
Contract and Framework Agreement
(1) The contracting authority shall conclude a procurement
contract or framework agreement by complying with the provisions
included in the procurement procedure documents.
(11) The contracting authority shall include the
condition in the procurement contract that if the economic
operator submits an electronic invoice it shall conform to the
laws and regulations on the applicable standard of an electronic
invoice and specification for the use of its core elements and
the procedures for its handling. Additional core elements to be
mandatory indicated in the electronic invoice may be specified in
the procurement contract in conformity with the laws and
regulations on the applicable standard of an electronic invoice
and specification for the use of its core elements and the
procedures for its handling.
(2) The procurement contract or framework agreement shall be
concluded no sooner than on the next working day following the
end of the waiting period, unless the complaint on the
infringements of the procurement procedure has been submitted to
the Procurement Monitoring Bureau in accordance with the
procedures specified in Section 63 of this Law.
(3) The waiting period referred to in Paragraph two of this
Section shall be:
1) 10 days after the day when the information referred to in
Section 52 of this Law has been sent to all the tenderers by fax
or electronically by using a secure electronic signature or
handed over in person, and one additional working day;
2) 15 days after the day of sending the information referred
to in Section 52 of this Law if it has been sent by post to at
least one tenderer, and one additional working day.
(4) The procurement contract or framework agreement may be
concluded without complying with Paragraph two of this Section
if:
1) the contract is awarded to the only tenderer and there are
no candidates who would be entitled to submit a complaint in
accordance with the procedures laid down in Section 63 of this
Law;
2) the negotiated procedure is applied without publishing the
contract notice in accordance with Section 6, Paragraph six, and
Section 53 of this Law;
3) the contract is concluded within the scope of the framework
agreement in accordance with Section 55 of this Law.
(5) The framework agreement shall be concluded for a period of
time up to seven years. In exceptional cases, the contracting
authority is entitled to conclude the framework agreement for a
longer period of time by taking into account the expected service
life of the products, installations, or systems to be delivered,
and also the technical difficulties which may be caused by a
change of economic operator (producer).
(6) The procurement contract shall be concluded for a period
of time up to five years. In exceptional cases, the contracting
authority is entitled to conclude the procurement contract for a
longer period of time by taking into account the expected service
life of the products, installations, or systems to be delivered,
the technical difficulties which may be caused by a change of
economic operator (producer), and also other conditions which are
directly related to the subject-matter of the procurement.
[21 February 2019; 5 October 2023]
Section 55. Application of a
Framework Agreement and Provisions Thereof
(1) If it is provided for in a contract notice, the
contracting authority is entitled to conclude a framework
agreement with the tenderer selected (or tenderers selected)
through the procurement procedure and conclude procurement
contracts within the framework thereof. The contracting authority
shall not conclude the framework agreement if concluding thereof
would hinder, restrict or distort the competition.
(2) The contracting authority shall comply with the
procurement procedures provided for in this Law in all phases
thereof up to concluding the framework agreement. The contracting
authority shall determine the participants to the framework
agreement by taking into account the determined tender selection
criterion.
(3) The contracting authority shall conclude procurement
contracts within the scope of the framework agreement in
accordance with the provisions of Paragraphs five, six, seven,
and eight of this Section. The procurement contracts shall be
concluded within the scope of the framework agreement only with
those economic operators who are laid down to be the participants
in the provisions of the framework agreement on the day of its
conclusion.
(4) When 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 provided for in Paragraph six of this
Section.
(5) If the framework agreement is concluded with one economic
operator, the procurement contracts shall be concluded within the
scope of this agreement in accordance with the provisions of the
framework agreement. In order to conclude these contracts, the
contracting authority may consult with the economic operator in
writing, where necessary, requesting to supplement the
tender.
(6) If the framework agreement is concluded with several
economic operators, their number may not be less than three,
provided that there is a sufficient number of economic operators
in the particular market who comply with the specified selection
requirements and if it is possible to receive a sufficient number
of appropriate tenders.
(7) If the framework agreement is concluded with several
economic operators, the specific procurement contracts within the
scope of the framework agreement shall be concluded in one of the
following ways:
1) following the provisions of the framework agreement and
without re-evaluating the tenders;
2) by re-evaluating the tenders in accordance with the
provisions of the framework agreement (where necessary, in
detail) or other provisions provided for in the documents of the
initial procurement procedure if all the necessary conditions for
concluding the procurement contract are not provided for in the
provisions of the framework agreement.
(8) In the case referred to in Paragraph seven, Clause 2 of
this Section the following procedure shall be applied for
concluding the procurement contract:
1) the contracting authority shall consult in writing with the
participants to the framework agreement;
2) the contracting authority shall determine the term which is
sufficient for the submission of the relevant tender, taking into
account the complexity of the subject-matter of the contract and
the time required for the preparation of tenders;
3) the participant to the framework agreement shall submit a
tender in writing and the tender shall be confidential until the
expiry of the term for submission of tenders.
4) the contracting authority shall conclude the specific
contract with the tenderer who has submitted the most appropriate
tender on the basis of the tender evaluation criterion provided
for in the procurement procedure documents.
Chapter
VIII
Amendments to the Procurement Contract and Change of the Staff
and Subcontractors Involved in the Performance of the
Contract
Section 56. Amendments to the
Procurement Contract
(1) The procurement contract may be amended only in the
specific cases provided for in the contract or in this Law.
(2) Each of the contracting parties is entitled to request
amending of the procurement contract also in case if significant
unforeseeable changes which apply to the performance of the
procurement contract have been made to laws and regulations,
provided that such changes set in after the expiry of the term
for the submission of tenders and they cannot be avoided and are
not depended on the will and control of the contracting
parties.
Section 57. Change of the Staff and
Subcontractors Involved in the Performance of the Contract
(1) The tenderer selected in the procurement procedure is not
entitled to change the previously evaluated staff or
subcontractor or engage additional subcontractors for the
performance of the procurement contract or the framework
agreement, without written consent of the contracting
authority.
(2) The contracting authority shall not agree to the change of
the staff and subcontractors referred to in Paragraph one of this
Section in any of the following cases if:
1) the staff or subcontractor offered by the economic operator
fails to conform to the requirements laid down in the procurement
procedure documents which apply to the staff or subcontractors of
the economic operator;
2) the subcontractor on whose capacities the tenderer selected
through the procurement procedure has relied upon to certify that
the qualification thereof conforms to the requirements laid down
in the procurement procedure documents is replaced, and the
offered subcontractor does not have at least the same
qualification to which the tenderer selected through the
procurement procedure has referred to, when certifying the
conformity thereof with the requirements laid down in the
procurement procedure;
3) the offered subcontractor conforms to the reasons for the
exclusion of tenderers referred to in Section 44, Paragraph two
of this Law.
(3) If the subcontract has been awarded to the subcontractor,
which is being changed, in accordance with the provisions of
Chapter IX of this Law by taking into account the requirement
specified by the contracting authority in accordance with Section
23, Paragraph four of this Law, the tenderer selected through the
procurement procedure shall award a new subcontract in accordance
with the procedures laid down in Chapter IX of this Law. If the
subcontract has been awarded to the subcontractor, which is being
changed, in accordance with the provisions of Chapter IX of this
Law by taking into account the requirement specified by the
contracting authority in accordance with Section 23, Paragraph
three or six of this Law, the contracting authority may impose
the obligation on the tenderer selected through the procurement
procedure to award a new subcontract in accordance with the
procedures laid down in Chapter IX of this Law.
(4) In verifying conformity of the new subcontractor, the
contracting authority shall apply the provisions of Section 44 of
this Law and carry out verification of the reasons for exclusion
on the day when the contracting authority decides to authorise
the economic operator to change the subcontractor or to attract a
new subcontractor to ensure performance of the contract. The time
limits referred to in Section 44, Paragraph four, Clauses 2, and
3 of this Law shall be counted from the day when the request for
the change of a subcontractor is submitted to the contracting
authority.
[9 November 2017; 13 October 2022; 5 October 2023]
Chapter
IX
Awarding the Subcontracts
Section 58. Regulation to be Applied
for Awarding the Subcontracts
(1) If the tenderer selected through the procurement procedure
is the contracting authority within the meaning of this Law, it
shall award subcontracts in accordance with the procedures laid
down in this Law by applying the procurement procedures referred
to in Section 6, Paragraph three of this Law or the procedures
referred to in Paragraph seven for carrying out the procurements,
provided that they are applicable by taking into account Section
4 and Section 6, Paragraph one of this Law.
(2) If the tenderer selected through the procurement procedure
is not the contracting authority within the meaning of this Law,
it shall award subcontracts in accordance with the procedures
laid down in this Chapter, provided that the contracting
authority has imposed the obligation on it in accordance with
Section 23, Paragraphs three, four or six of this Law to apply
the provisions of this Chapter.
(3) The tenderer selected through the procurement procedure is
entitled to apply the provisions of this Chapter also if it does
not have an obligation to apply these provisions.
(4) The provisions of this Chapter shall apply to awarding
subcontracts and concluding subcontracts with economic operators
who are not related persons with the tenderer selected through
the procurement procedure. Within the meaning of this Chapter the
participants of the economic operator - association of persons -
are related persons.
(5) The tenderer selected through the procurement procedure
shall apply the procedures specified in Section 60 of this Law if
the contract price of the subcontract to be concluded with a
subcontractor or framework agreement within the framework of
which it is intended to conclude subcontracts (hereinafter - the
framework agreement of subcontractors) is equal to or exceeds the
contract price thresholds laid down by the Cabinet. If the
contract price of the subcontract or the framework agreement of
subcontractors is lower than the contract price thresholds laid
down by the Cabinet, the tenderer selected through the
procurement procedure is entitled to conclude a subcontract or
framework agreement of subcontractors without applying the
procedures specified in Section 60 of this Law.
(6) The tenderer selected through the procurement procedure is
entitled to not apply the procedures specified in Section 60 of
this Law also in any of the following cases if:
1) the subcontract to be concluded complies with the
conditions of Section 6, Paragraph six of this Law in order to
apply a negotiated procedure without publishing a contract
notice;
2) the tenderer selected through the procurement procedure has
received a consent of the contracting authority to not apply the
procedures specified in Section 60 of this Law in respect of the
specific subcontract. The contracting authority is entitled to
provide such a consent if the tenderer selected through the
procurement procedure has applied the procedures specified in
Section 60 of this Law and proves to the contracting authority
that all of the economic operators who applied for the award of
subcontract failed to comply with the requirements specified in
the subcontract notice and therefore it will not be possible for
the tenderer selected through the procurement procedure to
perform the procurement contract.
(7) Regardless of whether the tenderer selected through the
procurement procedure in accordance with the provisions of
Paragraphs five and six of this Section awards the subcontract by
applying the procedures specified in Section 60 of this Law or
without applying these procedures, it shall comply with the laws
and regulations governing transparency and competition rights,
when concluding subcontracts, and it shall not discriminate other
economic operators (subcontractors).
(8) In order to determine whether the procedures for awarding
the subcontracts specified in Section 60 of this Law are to be
applied for the tenderer selected through the procurement
procedure in accordance with Paragraph four of this Section, the
tenderer selected through the procurement procedure shall
determine the estimated contract price of the relevant
subcontract or framework agreement of subcontractors in
accordance with Section 5 of this Law.
Section 59. Requirements to be
Determined for Subcontractors and Criteria for the Selection
Thereof
(1) The tenderer selected through the procurement procedure
shall determine all those requirements for subcontractors which
the contracting authority has indicated in accordance with
Section 23, Paragraph seven of this Law.
(2) The tenderer selected through the procurement procedure
may, in addition to the requirements laid down in accordance with
Paragraph one of this Section, determine for the subcontractors
other non-discriminating, objective, and commensurate
requirements which the contracting authority has determined in
the procurement procedure documents and which are directly
related to the subject-matter of the subcontract.
(3) The tenderer selected through the procurement procedure
shall determine the criteria in accordance with which it will
select one or several such subcontractors of the subcontractors
complying with the requirements with which it will conclude the
subcontract or framework agreement of subcontractors.
(4) The tenderer selected through the procurement procedure is
entitled to request that a subcontractor submits or pays in a
tender security. In such a case the tenderer selected through the
procurement procedure shall comply with the provisions of Section
27 of this Law.
(5) The tenderer selected through the procurement procedure
shall include all the requirements and criteria which it has
determined in accordance with Paragraphs one, two, three, and
four of this Section in the subcontract notice.
(6) The tenderer selected through the procurement procedure
shall, before publication of the subcontract notice, obtain a
consent of the contracting authority for the laid down
requirements and criteria, provided that the contracting
authority, in accordance with Section 23, Paragraph ten of this
Law, has provided for the obligation in the procurement procedure
documents to coordinate the requirements and criteria to be
included in the subcontract notice with the contracting
authority.
[5 October 2023]
Section 60. Procedures for Awarding
the Subcontracts
(1) The tenderer selected through the procurement procedure
shall publish a subcontract notice in accordance with Section 33,
Paragraph two of this Law and in addition to the requirements and
criteria laid down in accordance with Section 59 of this Law
shall indicate therein also the term for the submission of the
tenders of the subcontractors which is determined commensurately
with the subject-matter and scope of the subcontract to be
concluded, and also other provisions in respect of the technical
specifications and performance of the subcontract which it
considers necessary.
(2) After the expiry of the term for the submission of the
tenders of the subcontractors, the tenderer selected through the
procurement procedure shall evaluate the tenders of the
subcontractors and take the decision on the selection of the
subcontractor (or subcontractors) for concluding the subcontract
or framework agreement of subcontractors in accordance with the
requirements and criteria specified in the subcontract
notice.
(3) The tenderer selected in the procurement procedure shall,
by complying with the conditions referred to in Section 23,
Paragraph eight of this Law, submit to the contracting authority
for assessment and approval the decision on the selection of the
subcontractor (or subcontractors) for concluding the subcontract
or the framework agreement of subcontractors.
(31) The contracting authority shall verify the
subcontractor (or subcontractors) chosen by the tenderer selected
in the procurement procedure in accordance with the conditions of
Section 44 of this Law.
(4) If the contracting authority has agreed to the decision on
the selection of the subcontractor (or subcontractors) for
concluding the subcontract or the framework agreement of
subcontractors, the economic operator selected through the
procurement procedure shall conclude the subcontract or the
framework agreement of subcontractors with the selected
subcontractor (subcontractors). The framework agreement of
subcontractors and subcontracts within the framework thereof
shall be concluded in accordance with the provisions of
Paragraphs six, seven, eight, and nine of this Section.
(5) If the selected subcontractor refuses to conclude the
subcontract or framework agreement of subcontractors, or the
contracting authority rejects the selected subcontractor, the
tenderer selected through the procurement procedure is entitled
to conclude the subcontract or framework agreement of
subcontractors with the subcontractor who has submitted the next
economically most advantageous tender in accordance with the
specified requirements and criteria, complying with the
provisions of Paragraph three of this Section.
(6) The framework agreement of subcontractors shall be
concluded for a period of time up to seven years. In exceptional
cases, the tenderer selected through the procurement procedure is
entitled to conclude the framework agreement of subcontractors
for a longer period of time by taking into account the expected
service life of products, installations, or systems to be
delivered, and also the technical difficulties which may be
caused by a change of economic operator (producer).
(7) The tenderer selected through the procurement procedure
shall conclude subcontracts within the scope of the framework
agreement of subcontractors in accordance with the provisions
provided therein.
(8) The tenderer selected through the procurement procedure
within the scope of the framework agreement of subcontractors
shall conclude subcontracts only with those economic operators
who are specified as the participants in the provisions of the
framework agreement of subcontractors on the day of concluding
thereof.
(9) The economic operator selected through the procurement
procedure shall not conclude the framework agreement of
subcontractors if concluding it would hinder, restrict or distort
the competition.
[13 October 2022]
Chapter X
Procurement Monitoring Bureau
Section 61. Competence of the
Procurement Monitoring Bureau
(1) The Procurement Monitoring Bureau shall carry out
monitoring of compliance with this Law and laws and regulations
arising therefrom.
(2) The legal status, rights, and obligations of the
Procurement Monitoring Bureau shall be determined by the Public
Procurement Law.
Section 62. Complaint Examination
Commission
(1) The procedures for the establishment and activity of the
Complaint Examination Commission (hereinafter - the commission)
and competence thereof shall be determined by the Public
Procurement Law, insofar as not prescribed otherwise by this
Law.
(2) The members of the Commission shall be officials who
comply with the criteria laid down in the Public Procurement Law
for the chairperson of the commission and members thereof. If the
information to be verified, when examining the complaint on
infringements of the procurement procedure, is the official
secret object, the commission shall be established of those
officials of the Procurement Monitoring Bureau who have obtained
the personnel security clearance of appropriate level.
(3) The commission shall examine the information which is the
official secret object in a closed meeting without participation
of other persons in accordance with the procedures laid down in
the laws and regulations in the field of protection of the
official secret.
[9 November 2017; 13 October 2022]
Chapter
XI
Procedures for Submission and Examination of Complaints on
Infringements of the Procurement Procedure
Section 63. Right to Submit a
Complaint on Infringements of the Procurement Procedure
(1) A person who is or has been interested in being awarded a
procurement contract or a framework agreement or is qualifying
for award, and who in relation to the specific procurement to
which this Law applies believes that its rights have been
infringed upon or infringement of these rights is possible, and
it may be caused by a potential infringement of the legal acts of
the European Union or other laws and regulations, is entitled to
submit a complaint on the provisions for selection of candidates
or tenderers, technical specifications, and other requirements
which relate to the specific procurement procedure, or on the
activities of the contracting authority or procurement commission
(if any is to be established) during the course of the
procurement procedure.
(2) The complaint on the infringements referred to in
Paragraph one of this Section (except for the cases referred to
in Paragraph three of his Section) may be submitted to the
Procurement Monitoring Bureau until the conclusion of procurement
contract or framework agreement within the following time
periods:
1) within 10 days after the day when the information referred
to in Section 52 of this Law has been sent to the relevant person
by fax or in electronic form, using a secure electronic signature
or attaching a scanned document to the electronic mail message,
or handed over in person;
2) within 15 days after the day when the information referred
to in Section 52 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 35, Paragraph one of this Law has been published on the
website of the Procurement Monitoring Bureau or in the Official
Journal of the European Union.
(3) The complaint on the requirements included in the contract
notice and candidate selection regulations may be submitted to
the Procurement Monitoring Bureau not later than four working
days prior to the expiry of the term for the submission of
applications, but the complaint on the requirements included in
the invitation to tender in a restricted procedure or competitive
dialogue or invitation to negotiations in a negotiated procedure
may be submitted to the Procurement Monitoring Bureau not later
than four working days prior to the expiry of the term for the
submission of tenders.
(4) The complaint may be submitted to the Procurement
Monitoring Bureau by sending it by post, fax or electronically,
using a secure electronic signature or attaching a scanned
document to the electronic mail message, or by handing it over in
person. The complaint shall be deemed submitted to the
Procurement Monitoring Bureau within the term specified in
Paragraphs two and three of this Section if it has been received
during the working hours of the Bureau not later than on the last
day of the term.
(5) The 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 contracting authority in
respect of which the complaint has been submitted;
3) the title of the procurement procedure and the procurement
identification number;
4) the facts in respect of which the complaint has been
submitted, indicating the infringement;
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 the complaint on infringements of the
procurement procedure has been received, post information to this
effect on its website, indicating the submitter of the complaint,
the contracting authority and the procurement procedure the
lawfulness whereof is contested by the submitter of the
complaint, and also shall inform the contracting authority on the
initiation of an administrative case by sending a notice of the
received complaint and a copy of the complaint to the fax number
or electronic mail address indicated by the contracting
authority, and the contracting authority shall not conclude the
procurement contract or framework agreement until the decision of
the commission on the results of examination of the complaint or
termination of the administrative case is received.
(7) If the complaint on the activities of the contracting
authority in respect of the lawfulness of the procurement
procedure is submitted and the complaint on the same procurement
procedure has already been submitted by another submitter, but it
has not been examined yet, such complaints may be combined and
examined together.
(8) The submitter of the complaint is entitled to revoke its
submission in writing at any time, unless the commission has
taken the decision thereon.
[9 November 2017; 5 October 2023]
Section 64. Leaving Complaint
Unexamined
(1) The Procurement Monitoring Bureau is entitled to leave a
complaint unexamined in any of the following cases if:
1) the complaint fails to comply with the requirements of
Section 63, Paragraph one, two, three or five of this Law;
2) a complaint has already been submitted and examined in
respect of the procurement procedure on 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.
(2) The decision of the Procurement Monitoring Bureau on
leaving the complaint unexamined may be appealed to the
Administrative District 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. The appeal
of the decision shall not suspend the operation thereof.
(3) The ruling of the Administrative District Court may be
appealed in accordance with the cassation procedures in the
Department of Administrative Cases of the Supreme Court.
Section 65. Examination of a
Complaint
(1) The commission shall examine a complaint within one month
after receipt thereof in the Procurement Monitoring Bureau. If it
is not possible to observe this time limit due to objective
reasons, the commission is entitled to extend it by notifying the
submitter of the complaint and the contracting authority
thereon.
(2) When examining the complaint on infringements of the
procurement procedure, the commission is entitled to decide on
the following:
1) to allow to conclude a procurement contract or framework
agreement and leave the requirements specified in the procurement
procedure documents or the decision of the contracting authority
in effect if the complaint is not justified or is justified,
however, the infringements established by the commission cannot
affect the decision to award the procurement;
2) to prohibit to conclude a procurement contract if the
contracting authority has not complied with the requirements of
Section 52 of this Law;
3) to prohibit to conclude a procurement contract or framework
agreement and revoke the requirements specified in the
procurement procedure documents or the decision of the
contracting authority if the complaint is justified and the
infringements established by the commission can affect the
decision to award the procurement;
4) to leave the decision of the contracting authority on the
termination or suspension of the procurement procedure in effect
if the complaint is not justified;
5) to revoke the decision of the contracting authority on the
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 shall decide on the
measures for eliminations of the infringements established. The
commission may assign the contracting authority to suspend the
procurement procedure only in case if it is not possible to
otherwise eliminate the infringements of the procurement
procedure committed by the contracting authority.
(4) If the commission establishes that a complaint must be
left unexamined, it shall take the decision to terminate 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
submitter of the complaint, the tenderer whose tender has been
selected in accordance with the criteria laid down for the
evaluation of a tender, and the contracting authority
(hereinafter - 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 after the publication thereof on
the website of the Procurement Monitoring Bureau. If the
participants have notified to the Procurement Monitoring Bureau
the fax number or electronic mail address to which the invitation
is to be sent, the Procurement Monitoring Bureau shall send the
information on the complaint examination meeting to the
participants also by fax or 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 the
participants present. After hearing the participants, it shall
continue work without the presence of the participants.
(7) The commission shall evaluate the complaint on the basis
of the facts referred to by the participants and, where
necessary, the view or opinion provided by an 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 to it. The commission shall take a
decision and, within three working days after taking it, prepare
and post it on the website of the Procurement Monitoring Bureau.
The decision shall be considered notified on the next working day
after the publication thereof on the website of the Procurement
Monitoring Bureau.
(8) The commission shall indicate in the decision:
1) the justification for the establishment of the
commission;
2) the members of the commission and the expert who has
participated in the commission meeting;
3) the representatives of the submitter of the complaint, the
contracting authority, and other participants who have
participated in the commission meeting;
4) the identification number of the procurement procedure in
respect of which the complaint has been submitted;
5) the facts in respect of 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 contracting authority;
7) the justification of the decision;
8) the legal norms applied;
9) the duty imposed on the contracting authority and the term
for the performance thereof if the commission decides on the
measures for elimination of the infringements established;
10) the prohibition or permission for the contracting
authority to conclude a procurement contract or framework
agreement;
11) where and in what term this decision may be appealed.
(9) The Procurement Monitoring Bureau and the commission shall
not append the information which is the official secret object to
the materials of the administrative case and the commission shall
not include it in the ruling, but shall indicate that it has
become familiar with such information and has evaluated it.
(10) If the commission has decided on the measures for
elimination of the infringements established, the contracting
authority shall eliminate the infringements, take a decision, and
notify it in accordance with the procedures laid down in this
Law, and also send all the information on decision-taking and
elimination of the infringements established by the commission to
the Procurement Monitoring Bureau.
[9 November 2017]
Section 66. Appealing a Decision of
the Commission
(1) Participants may appeal the decision of the commission in
the Administrative District Court in accordance with the
procedures prescribed by the Administrative Procedure Law. The
case shall be heard by the court in the composition of three
judges.
(2) The judgment of the Administrative District Court may be
appealed in accordance with the cassation procedures in the
Department of Administrative Cases of the Supreme Court. Other
court rulings may be appealed in accordance with the
Administrative Procedure Law.
(3) Appeal of the decision of the commission shall not suspend
the operation thereof.
Chapter
XII
Recognition of a Procurement Contract or Framework Agreement as
Invalid, Amending or Repealing the Provisions Thereof, Reduction
of the Term of the Contract or Framework Agreement
Section 67. Submission of an
Application and Examination of the Case of Recognition of a
Procurement Contract or Framework Agreement as Invalid, Amending
or Repealing the Provisions Thereof, or Reduction of the Term of
the Contract or Framework Agreement
(1) An application on the recognition of the procurement
contract or framework agreement as invalid, amending or repealing
the provisions thereof, or reduction of the term of the contract
or framework agreement may be submitted by the persons referred
to in Section 63, Paragraph one in the cases referred to in
Section 68, Paragraph one of this Law.
(2) The application shall be submitted to the Administrative
District Court which 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 contract
governed by public law in the court, insofar as not prescribed
otherwise by this Law.
(3) An application on the infringements referred to in Section
68, Paragraph one of this Law may be submitted within the
following time limits:
1) within six months after the day when the procurement
contract or framework agreement was concluded, except for the
cases referred to in Clause 2, Sub-clauses "a" and "b" of this
Paragraph;
2) within one month after the day when:
a) such notice on the award of the procurement contract has
been published on the website of the Procurement Monitoring
Bureau or the Official Journal of the European Union where the
procurement contract price is equal to or higher than the limits
of the contract prices specified by the Cabinet, where the
contracting authority has included a justification for the
decision to award the procurement contract or framework agreement
without publishing a contract notice;
b) the contracting authority has informed the relevant
candidate on conclusion of the procurement contract or framework
agreement, indicating the reasons for rejecting the application
submitted by it, or the relevant tenderer on conclusion of the
procurement contract or framework agreement, indicating the
information referred to in Section 52, Paragraph two, Clauses 1
or 2 of this Law.
(4) Concurrently with the submission of an application or
during examination of the case the applicant may, in the cases
and in accordance with the procedures laid down in the
Administrative Procedure Law, request that a provisional
regulation is applied by determining a prohibition to perform
certain activities which are related to the performance of the
procurement contract or framework agreement as the means
thereof.
(5) The judgment of the Administrative District Court may be
appealed in accordance with the cassation procedures in the
Department of Administrative Cases of the Supreme Court. Other
court rulings may be appealed in accordance with the
Administrative Procedure Law.
[9 November 2017; 5 October 2023]
Section 68. 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
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 contract or framework agreement
in any of the following cases if:
1) the procurement contract or framework agreement has been
concluded without applying the procurement procedures specified
in this Law or the procedures for carrying out of the procurement
referred to in Section 6, Paragraph seven of this Law if the
contracting authority had to apply them;
2) the contracting authority has applied a negotiated
procedure without publishing a contract notice, without complying
with the provisions of Section 6, Paragraph six of this Law, or
has unjustifiably carried out the procurement in accordance with
the procedures specified in Section 6, Paragraph seven of this
Law;
3) the procurement contract or framework agreement has been
concluded by awarding the procurement contract or framework
agreement, unjustifiably failing to publish a contract notice in
the Official Journal of the European Union;
4) the procurement contract or framework agreement has been
concluded without complying with the term determined in Section
54, Paragraph two of this Law;
5) the procurement contract or framework agreement has been
concluded, violating the prohibition determined in Section 63,
Paragraph six of this Law to conclude a procurement contract or
framework agreement;
6) the procurement contract has been concluded without
complying with the requirements of Section 55, Paragraph seven of
this Law if the contract price of the specific contract is equal
to or exceeds the contract price thresholds laid down by the
Cabinet.
(2) In the cases referred to in Paragraph one, Clauses 1, 2,
and 3 of this Section the procurement contract or framework
agreement shall not be recognised as invalid, its provisions
shall not be amended or repealed, the term of the contract or
framework agreement shall not be reduced, even though the law has
been violated, provided that the following conditions are
concurrently present:
1) the contracting authority has published the notice referred
to in Section 35, Paragraph one of this Law;
2) the procurement contract or framework agreement has been
concluded at least 10 days and additionally one working day after
the day when the notice referred to in Section 35, Paragraph one
of this Law has been published on the website of the Procurement
Monitoring Bureau or in the Official Journal of the European
Union if the procurement contract price is equal to or exceeds
the contract price thresholds laid down by the Cabinet;
3) the prohibition specified in Section 63, Paragraph six of
this Law to conclude a procurement contract or framework
agreement has been complied with.
(3) In the case referred to in Paragraph one, Clause 6 of this
Section the procurement contract shall not be recognised as
invalid, its provisions shall not be amended or repealed, the
term thereof shall not be reduced, even though the law has been
violated, provided that the following conditions are concurrently
present:
1) the contracting authority has informed the tenderers in
accordance with Section 52 of this Law;
2) the specific contract has been concluded in compliance with
the time limit referred to in Section 54, Paragraph two of this
Law;
3) the prohibition determined in Section 63, Paragraph six of
this Law to conclude a procurement contract has been complied
with.
[9 November 2017]
Section 69. Court Judgment on a
Procurement Contract or Framework Agreement
(1) If a court establishes that a procurement contract or
framework agreement has been concluded violating the norms of
this Law and concludes that the application should be satisfied,
it shall, in compliance with the conditions of this Law, select
itself one of the following types of judgments:
1) recognise the procurement agreement or framework agreement
as invalid from the moment of conclusion thereof;
2) amend or repeal the provisions of the procurement contract
or framework agreement which should be still performed. When
taking such judgment, the court shall reduce the term of the
procurement contract or framework agreement;
3) reduce the term of the procurement contract or framework
agreement.
(2) The court, when selecting one of the judgment types
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 limits of the claim. The court shall evaluate
which judgment type is commensurate, effective, and preventive in
the particular case in order to ensure that the contracting
authority would not commit the infringements of this Law in
future. The court shall take the judgment referred to in
Paragraph one, Clause 3 of this Section only in the cases
referred to in Paragraphs three and four of this Section.
(3) The court shall not take the judgment referred to in
Paragraph one, Clause 1 or 2 of this Section if it is essential
for the public interest, including national defence and security
interests, to preserve the consequences caused by the procurement
contract or framework agreement. The financial consequences (for
example, costs due to delay in performance, change of the
performer, sanctions or other legal liabilities) shall not be
deemed per se sufficient grounds for not taking the judgment
referred to in Paragraph one, Clause 1 or 2 of this Section,
except for the case if they cause significant threats for the
implementation of a large-scale national defence or security
programme.
(4) If the procurement contract or framework agreement has
been concluded without complying with the term specified in
Section 54, Paragraph two of this Law or violating the
prohibition specified in Section 63, Paragraph six of this Law to
conclude a procurement contract or framework agreement, and it is
established that until the time when the decision to determine
the selected tenderer is taken the procurement procedure has been
carried out in accordance with the requirements of this Law and
the abovementioned decision has not affected the chances of the
tenderer who has submitted the application to be awarded with the
contract, the court shall take the judgment referred to in
Paragraph one, Clause 2 or 3 of this Section.
(5) When taking any of the judgments referred to in Paragraph
one, Clauses 1 and 2 of this Section, the court shall decide on
validity of such contracts which have been concluded on the basis
of the relevant framework agreement.
(6) The court shall send a true copy of the judgment to the
Procurement Monitoring Bureau.
Chapter
XIII
Compensation for Losses
Section 70. Compensation for
Losses
(1) The losses which the contracting authority has caused by
violating the provisions of this Law shall be compensated in
accordance with the Administrative Procedure Law and the Law on
Compensation for Losses Caused by the State Administration
Institutions. The cases on compensation for losses shall be
examined by the Administrative District Court under the court
proceedings in the composition of three judges.
(2) The compensation for the losses not referred to in
Paragraph one of this Section may be requested by submitting an
application to the court of general jurisdiction in accordance
with the procedures laid down in The Civil Procedure Law.
(3) If the compensation for losses is requested concurrently
with the claim provided for in Section 67 of this Law, the court
shall adjudge it by examining the relevant application and taking
any of the judgments referred to in Section 69, Paragraph one of
this Law. The burden of proof on the 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 legal procedures.
(4) The judgment of the Administrative District Court may be
appealed in accordance with the cassation procedures in the
Department of Administrative Cases of the Supreme Court. Other
rulings of the Administrative District Court may be appealed in
accordance with the Administrative Procedure Law.
(5) When submitting a complaint to the Procurement Monitoring
Bureau in accordance with Section 63 of this Law, the
compensation for losses shall not be requested. The compensation
for losses caused by the contracting authority may be requested
concurrently with the submission of the application to the court
or by addressing the contracting authority in accordance with the
procedures laid down in the Law on Compensation for Losses Caused
by the State Administration Institutions. The Procurement
Monitoring Bureau shall not be held liable for the losses caused
by the contracting authority.
Chapter
XIV
Statistical Reports
Section 71. Statistical Reports
The contracting authority shall, each year by 1 March, submit
a statistical report to the Procurement Monitoring Bureau in
accordance with the procedures determined by the Cabinet. The
Cabinet shall determine the content of the statistical
reports.
[9 November 2017]
Section 72. Content of the
Statistical Report
[9 November 2017]
Chapter
XV
Administrative Offences in the Field of Procurements of Defence
and Security and Competence in the Administrative Offence
Proceedings
[5 December 2019 / Chapter shall
come into force on 1 July 2020. See Paragraph 13 of Transitional
Provisions]
Section 73. Unlawful Conclusion of a
Contract
(1) For the conclusion of a procurement contract or a
framework agreement or for the performance of any other
transaction which corresponds to the nature of a procurement
contract or a framework agreement, if the procurement procedure
laid down 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 fourteen to two hundred and forty units
of fine shall be imposed.
(2) For the 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 fourteen to two
hundred and forty units of fine shall be imposed.
(3) For the 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,
provided that it should have been published on both websites upon
commencement of the procurement, a fine from fourteen 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 from 1
July 2020. See Paragraph 13 of Transitional Provisions]
Section 74. Failure to Comply with
the Provisions for the Prevention of a Conflict of Interests
(1) For the failure to ensure signing of the confirmation
specified in this Law on non-existence of such circumstances due
to which it could be considered that the person preparing the
procurement documents, members of the procurement commission, the
secretary of the procurement commission, or experts are
interested in the selection or activity of the particular
candidate or tenderer or are related to a particular candidate or
tenderer, a warning or fine from fourteen to seventy units of
fine shall be imposed.
(2) For the failure to comply with the prohibition specified
in this Law in respect of the officials and employees of the
contracting authority who are preparing the procurement
documents, the members of the procurement commission, a secretary
of the procurement commission, and experts to represent the
interests of a candidate or tenderer, and also for the failure to
comply with the prohibition to be connected to a candidate or
tenderer, a fine from fourteen to one hundred and forty units of
fine shall be imposed.
[5 December 2019; 13 October 2022]
Section 75. Failure to Comply with
the Provisions for the Exclusion of Candidates and Tenderers, the
Requirements for Their Selection, and the Requirements of
Technical Specifications
(1) For the failure to comply with the provisions for the
exclusion of candidates and tenderers laid down in this Law if
the candidate or tenderer has been unjustifiably excluded or has
not been unjustifiably excluded from the 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 the failure to comply with the requirements for the
selection of candidates and tenderers or the requirements of
technical specifications laid down in the procurement documents
if the application of the candidate or the tender of the tenderer
has been unjustifiably rejected or unjustifiably recognised as
non-complying with the requirements laid down in the procurement
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 from 1
July 2020. See Paragraph 13 of Transitional Provisions]
Section 76. Failure to Comply with
the Provisions for Concluding and Amending a Procurement Contract
and Framework Agreement
(1) For the conclusion of a procurement contract or a
framework agreement if the waiting period specified in this Law
has not been complied with, however, it should have been complied
with, a fine from fourteen to two hundred and forty units of fine
shall be imposed.
(2) For the conclusion of a procurement contract or a
framework agreement if the prohibition laid down in this Law to
conclude a procurement contract or a framework agreement after
the Procurement Monitoring Bureau has received a submission on
violations of the procurement procedure has not been complied
with, or if the prohibition specified by the submission
examination commission of the Procurement Monitoring Bureau to
conclude the relevant procurement contract or framework agreement
has not been complied with, a fine from fourteen to two hundred
and forty units of fine shall be imposed.
(3) For the conclusion of a procurement contract or a
framework agreement if the provisions provided for in the
procurement documents have not been included or different
provisions have been included therein, and if such possibility
has not been provided for in the procurement documents in
accordance with the requirements of this Law or other provisions
for amending a procurement contract and a framework agreement
laid down in this Law have not been complied with, a fine from
fourteen 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 framework agreement laid down in this Law
have not been complied with, a fine from fourteen 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, 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, i.e. 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 from 1
July 2020. See Paragraph 13 of Transitional Provisions]
Section 77. Failure to Provide
Procurement Documents and Information
(1) For the failure to comply with the provisions provided for
in this Law during preparation of applications or tenders in
respect of ensuring the accessibility of procurement documents,
the issue of procurement documents, or the provision of
additional information, a warning or a fine from fourteen to
seventy units of fine shall be imposed.
(2) For the failure to comply with the procedures by which
candidates and tenderers are to be informed of the results of a
procurement, a warning or a fine from fourteen to seventy units
of fine shall be imposed.
(3) For the failure to comply with the provisions for the
preparation or issue of a procurement procedure report, a warning
or a fine from fourteen to seventy units of fine shall be
imposed.
(4) For the failure to submit a statistical report within the
time limit 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 from 1
July 2020. See Paragraph 13 of Transitional Provisions]
Section 78. Competence in the
Administrative Offence Proceedings
Administrative offence proceedings for the offences referred
to in Sections 73, 74, 75, 76, and 77 of this Law shall be
conducted by the Procurement Monitoring Bureau.
[5 December 2019 / Section shall come into force from 1
July 2020. See Paragraph 13 of Transitional Provisions]
Section 79. Procedures for the
Execution of the Decision on the Prohibition to Hold Offices
(1) Within one working day after the decision in an
administrative offence case has been communicated to the person
on whom a prohibition to exercise the rights - 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 been imposed, the Procurement Monitoring Bureau
shall 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) Within three working days after receipt of the information
on the fact that the decision has entered into effect in the
administrative offence case in which a prohibition to exercise
the rights - 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 been
imposed, the Procurement Monitoring Bureau shall send the
relevant information to the authorities referred to in Paragraph
one of this Section, and also publish the given name, surname,
personal identity number (if none, the date of birth and country)
of the person held administratively liable and the time period
for the execution of the penalty in the publication management
system. 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 execution of the penalty ends.
(3) The authority in which the person on whom a prohibition to
exercise the rights - 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 or concession contracts has been imposed
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 offices, does
not take the decisions, and does not conclude contracts.
[5 December 2019; 13 October 2022]
Transitional
Provisions
1. [9 November 2017]
2. [9 November 2017]
3. [9 November 2017]
4. Amendment to Section 6, Section 44, Paragraph one, Clause 4
and Paragraph four, Clause 2 on conversion of lats into euro
shall come into force on 1 January 2014.
[19 September 2013]
5. The procurement procedures referred to in Section 6,
Paragraph three of this Law announced by 31 December 2013 and the
procurements referred to in Section 6, Paragraphs seven and nine
of this Law shall be completed, including contested or appealed,
in accordance with the provisions of this Law which were in force
on the day of announcing the relevant procurement procedures or
procurement by complying with the conditions referred to in
Paragraphs 6, 7, and 8 of these Transitional Provisions.
[19 September 2013]
6. [9 November 2017]
7. If the amounts of money in the tender on the basis of which
the contract or framework agreement is entered into after 31
December 2013 are indicated in lats, the contracting authority
shall express the relevant information to be included in the text
of the contract or framework agreement in euro in conformity with
the principles of rounding laid down in Section 6 of the Law on
the Procedure for Introduction of Euro.
[19 September 2013]
8. When publishing the notice after 31 December 2013, the
contracting authority shall calculate the amount indicated in
lats into euro in conformity with the principles of rounding laid
down in Section 6 of the Law on the Procedure for Introduction of
Euro and indicate the relevant information in the notice in
euro.
[19 September 2013]
9. The contracting authority is entitled to amend the
procurement contract or framework agreement in order to convert
the amounts laid down therein in lats to euro in compliance with
Section 4, Paragraph two of the Law on the Procedure for
Introduction of Euro.
[19 September 2013]
10. If the procurement or procurement procedure has been
announced or the decision to commence procurement or procurement
procedure, where the procurement or procurement procedure need
not be announced, is taken until 30 November 2017, the
procurement or procurement procedure shall be completed,
including contested or appealed, in accordance with the
provisions of this Law which were in force on the day of
announcing the relevant procurement or procurement procedures or
on the day of taking the decision to commence it, insofar as not
prescribed otherwise in Paragraph 11 of these Transitional
Provisions.
[9 November 2017]
11. The provisions of Section 44, Paragraph one, Clause 7 and
Paragraph six of this Law (in the wording as of 1 December 2017)
shall be applied also to those procurements and procurement
procedures which were announced or commenced before 1 December
2017, unless a candidate or tenderer is excluded from
participation in the procurement or procurement procedure before
1 December 2017. Section 44, Paragraph one, Clause 7 and
Paragraph four of this Law (in the wording prior to 1 December
2017) shall not be applied to the announced or commenced
procurements and procurement procedures which have been announced
or commenced before 1 December 2017, unless a candidate or
tenderer is excluded from participation in the procurement or
procurement procedure before 1 December 2017.
[9 November 2017]
12. Section 7.1and Section 54, Paragraph
1.1 of this Law shall be applied by institutions of
direct administration for the payment of those procurement
contracts the procurement procedure of which has been announced
starting from 18 April 2019, other contracting authorities -
starting from 18 April 2020.
[21 February 2019]
13. Amendments to Section 1, Clause 18 of this Law (regarding
the prohibition to exercise rights), to Section 28 regarding the
new wording of Paragraph one thereof, and also Chapter XV of this
Law shall come into force concurrently with the Law on
Administrative Liability.
[5 December 2019]
14. If the procurement or procurement procedure has been
announced or the decision to commence procurement or procurement
procedure where the procurement or procurement procedure need not
be announced is taken until 31 December 2022, the procurement or
procurement procedure shall be completed, including contested or
appealed, in accordance with the provisions of this Law which
were in force on the day of announcing the relevant procurement
or procurement procedures or on the day of taking the decision to
commence it.
[13 October 2022]
15. When implementing the change of the staff and
subcontractors involved in the performance of the procurement
contract provided for in Section 57 of this Law and attraction of
new staff and subcontractors, the regulation which is in force on
the day of carrying out of the verification shall apply.
[13 October 2022]
Informative
Reference to European Union Directives
[21 February 2019]
This Law contains norms arising from:
1) Directive 2009/81/EC of the European Parliament and of the
Council of 13 July 2009 on the coordination of procedures for the
award of certain works contracts, supply contracts and service
contracts by contracting authorities or entities in the fields of
defence and security, and amending Directives 2004/17/EC and
2004/18/EC;
2) Directive 2014/55/EU of the European Parliament and of the
Council of 16 April 2014 on electronic invoicing in public
procurement.
This Law has been adopted by the Saeima on 13 October
2011.
President A. Bērziņš
Riga, 2 November 2011
Law on Procurements in the Field of
Defence and Security
Annex 1
Vocabulary of
those Services for the Procurement of which the Procurement
Procedures Laid down in Section 6, Paragraph Three of the Law on
Procurement in the Field of Defence and Security shall be
Applied
Category No.
|
Service
|
CPV code
|
1.
|
Repair and maintenance
services |
50000000-5, from 50100000-6 to
50884000-5 (except from 50310000-1 to 50324200-4 and
50116510-9, 50190000-3, 50229000-6, 50243000-0) and from
51000000-9 to 51900000-1 |
2.
|
Foreign military-aid-related
services |
75211300-1 |
3.
|
Defence services, military
defence services, and civil defence services |
75220000-4, 75221000-1,
75222000-8 |
4.
|
Investigation and security
services |
From 79700000-1 to
79720000-7 |
5.
|
Land transport services |
60000000-8, from 60100000-9 to
60183000-4 (except 60160000-7, 60161000-4) and from
64120000-3 to 64121200-2 |
6.
|
Air transport services of
passengers and freight, except transport of mail |
60400000-2, from 60410000-5 to
60424120-3 (except 60411000-2, 60421000-5), from 60440000-4
to 60445000-9 and 60500000-3 |
7.
|
Transport of mail by land and by
air |
60160000-7, 60161000-4,
60411000-2, 60421000-5 |
8.
|
Rail transport services |
From 60200000-0 to
60220000-6 |
9.
|
Water transport services |
From 60600000-4 to 60653000-0
and from 63727000-1 to 63727200-3 |
10.
|
Supporting and auxiliary
transport services |
From 63100000-0 to 63111000-0,
from 63120000-6 to 63121100-4, 63122000-0, 63512000-1 and
from 63520000-0 to 6370000-6 |
11.
|
Telecommunications services |
From 64200000-8 to 64228200-2,
72318000-7 and from 72700000-7 to 72720000-3 |
12.
|
Financial services; insurance
services |
From 66500000-5 to
66720000-3 |
13.
|
Computer and related
services |
From 50310000-1 to 50324200-4,
from 72000000-5 to 72920000-5 (except 72318000-7 and from
72700000-7 to 72720000-3), 79342410-4, 9342410-4 |
14.
|
Research and development
services which are fully paid and solely used by the
contracting authority for its own needs, and also test
performance and evaluation services |
From 73000000-2 to
73436000-7 |
15.
|
Accounting and auditing
services |
From 79210000-9 to
79212500-8 |
16.
|
Management consultancy services
and related services, except for arbitration services and
services which are provided for conciliation of the
parties |
From 73200000-4 to 73220000-0,
from 79400000-8 to 79421200-3 and 79342000-3, 79342100-4,
79342300-6, 79342320-2, 79342321-9, 79910000-6, 79991000-7,
98362000-8 |
17.
|
Architectural services;
engineering services and integrated engineering services;
urban planning and environmental planning services; related
scientific and technical consulting services; technical
testing and analysis services |
From 71000000-8 to 71900000-7
(except 71550000-8) and 79994000-8 |
18.
|
Building-cleaning services and
property management services |
From 70300000-4 to 70340000-6
and from 90900000-6 to 90924000-0 |
19.
|
Sewage and refuse disposal
services; sanitation and similar services |
From 90400000-1 to 90743200-9
(except 90712200-3), from 90910000-9 to 90920000-2 and
50190000-3, 50229000-6, 50243000-0 |
20.
|
Training and simulation services
in the fields of defence and security |
80330000-6, 80600000-0,
80610000-3, 80620000-6, 80630000-9, 80640000-2, 80650000-5,
80660000-8 |
Law on Procurements in the Field of
Defence and Security
Annex 2
Vocabulary of
those Services for the Procurement of which the Provisions of
Section 6, Paragraph Seven of the Law on Procurements in the
Field of Defence and Security may be Applied
Category No.
|
Service
|
CPV code
|
1.
|
Hotel and restaurant
services |
From 55100000-1 to 55524000-9 and
from 98340000-8 to 98341100-6
|
2.
|
Supporting and auxiliary
transport services |
From 63000000-9 to 63734000-3
(except 63711200-8, 63712700-0, 63712710-3), from 63727000-1
to 63727200-3 and 98361000-1 |
3.
|
Legal services |
From 79100000-5 to
79140000-7 |
4.
|
Personnel placement and supply
services, except for employment contracts |
From 79600000-0 to 79635000-4
(except 79611000-0, 79632000-3, 79633000-0) and from
98500000-8 to 98514000-9 |
5.
|
Health and social services |
79611000-0 and from 85000000-9
to 85323000-9 (except 85321000-5 and 85322000-2) |
6.
|
Other services |
|
1The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)