Text consolidated by Valsts valodas centrs (State Language
Centre) with amending laws of:
26 April 2018 [shall come
into force from 1 June 2018];
20 September 2018 [shall come into force from 18 October
2018];
14 February 2019 [shall come into force from 13 March
2019];
21 February 2019 [shall come into force from 18 April
2019];
5 December 2019 [shall come into force from 31 December
2019];
30 April 2020 [shall come into force from 1 May 2020].
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:
Public
Procurement Law
Chapter I
General Provisions
Section 1. Terms Used in the Law
The following terms are used in the Law:
1) subcontractor - a person contracted by the tenderer
or a person contracted by such person, in its turn, who performs
construction work or provides services for the performance of the
procurement contract;
2) life cycle - all consecutive and interlinked stages,
including inter alia research and development, production,
trading and its conditions, transport, use, maintenance
throughout the entire period of existence of the product or
structure, or provision of the service, from recovery of raw
materials or production of resources to waste disposal,
demolition, and termination or use of the service;
3) open procedure - a procurement procedure where all
interested economic operators are entitled to submit tenders;
31) offshore - a low-tax or tax-free country
or territory within the meaning of the Enterprise Income Tax Law,
except for the Member States of the European Economic Area or the
territories thereof, Member States or territories of the
Agreement on Government Procurement of the World Trade
Organisation and such countries or territories with whom the
European Union or Latvia has entered into international
agreements on opening the market in the field of public
procurements;
4) central purchasing body - a contracting authority
meeting one of the following features:
a) purchases products or services for the needs of other
contracting authorities or public service providers,
b) performs procurements or procurement procedures in order to
conclude procurement contract or framework agreement for the
needs of other contracting authorities or public service
providers;
5) dynamic purchasing system - a completely electronic
process applied to construction work, services and supplies
frequently used and widely available on the market and which is
limited in time and open to all economic operators meeting the
candidate selection requirements;
51) electronic invoice - an invoice issued,
sent, and received in a structured electronic form allowing to
process it automatically and electronically;
6) electronic auction - an electronic process
repeatedly depicting the descending prices or new values of the
lots of certain tenders, enabling the ranking of the tenders by
means of automatic evaluation methods;
7) electronic means - means suitable for processing of
the data received or sent via the electronic communications
network (also for digital compression) and storage thereof, and
also for transmission of data via the electronic communications
networks;
8) procurement identification number - a designation
containing the abbreviation of the name of the contracting
authority (the first capital letters), the relevant year and the
procurement sequence number in ascending order. The contracting
authority may also indicate other information in the final part
of the procurement identification number;
9) procurement contract - a public construction work,
supply, or service contract for pecuniary interest concluded in
writing between one or several contracting authorities and one or
several economic operators;
10) common procurement vocabulary (CPV) - a vocabulary
approved by the European Union which is applied in public
procurements;
11) procurement procedure document - any document drawn
up or referred to by the contracting authority to describe or
determine the elements of the procurement or procurement
procedure, including the contract notice, the modification or
additional information notice, the technical specifications, the
descriptive documents, the draft procurement contract, the
procurement procedure regulations, and additional documents;
12) innovation partnership procedure - a procurement
procedure where all interested economic operators may request the
right to participate, but the tenders may only be submitted by
the candidates invited by the contracting authority, and which is
applied to establish a long-term innovation partnership aimed at
the development and subsequent acquisition of an innovative
product, service or construction work;
13) candidate - an economic operator taking part in a
restricted procedure, in a competitive procedure with
negotiation, in a negotiated procedure, in a competitive dialogue
or in an innovation partnership procedure prior to submission of
the tender;
14) competitive dialogue - a procurement procedure
where all interested economic operators may request the right to
participate, but the tenders may only be submitted by the
candidates invited by the contracting authority, and which shall
be applied when it is impossible to obtain the tender meeting the
needs of the contracting authority within an open or restricted
procedure, and the aim of which shall be to identify and define,
in a dialogue with the selected candidates, the means best suited
to satisfy the needs of the contracting authority;
15) competitive procedure with negotiation - a
procurement procedure where all interested economic operators may
request the right to participate, but the tenders may only be
submitted by the candidates invited by the contracting authority,
and which shall be applied when it is impossible to obtain the
tender meeting the needs of the contracting authority within an
open or restricted procedure, and the aim of which shall be to
give the possibility to the tenderers, during the negotiation, to
improve the content of the tenders in accordance with the needs
of the contracting authority;
16) common technical specification - a technical
specification in the field of information and communication
technologies laid down in accordance with Articles 13 and 14 of
Regulation (EU) No 1025/2012 of the European Parliament and of
the Council of 25 October 2012 on European standardisation,
amending Council Directives 89/686/EEC and 93/15/EEC and
Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC,
2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the
European Parliament and of the Council and repealing Council
Decision 87/95/EEC and Decision No 1673/2006/EC of the European
Parliament and of the Council;
17) contract price - total remuneration for the
performance of the procurement contract, including all applicable
taxes, except for the value added tax;
18) design contest - a procedure which enables the
contracting authority to acquire [mainly in the fields of city
and any other territory planning, architecture, construction or
data processing (including information systems)] a design or
plan, recognised as the best by a jury commission;
19) contracting authority - a public person or
institution thereof, an association in which all members are
contracting authorities, a foundation all founders of which are
contracting authorities, and also such legal person governed by
private law which conforms with all of the following
criteria:
a) is established or operates in order to satisfy the needs of
the public which are not of commercial or industrial nature;
b) is subordinate to or under the decisive influence of a
public person or authority thereof, or under the decisive
influence of a legal person governed by private law meeting these
criteria (this influence manifests as the majority of voting
rights upon electing the members of the supervisory or executive
authority or upon appointment of the management), or more than 50
per cent of financing for activities of such legal person
governed by private law comes from the public person, authority
thereof or another legal person governed by private law meeting
these criteria;
20) research and development - all activities related
to the fundamental and industrial studies and experimental
development;
21) tender security - payment of a sum of money
provided for in the procurement procedure documents into the
account indicated by the contracting authority, guarantee from
the bank or insurance company 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;
22) economic operator - a natural person or a legal
person, an association of such persons in any combination
thereof, which offer on the market to perform construction works,
supply products or provide services accordingly;
23) 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 on subsequent
invitations to tender, on planned procurements, concluded
contracts, suspended procedures, and also other information
related to procurements as defined in the laws and
regulations;
24) tenderer - an economic operator who has submitted a
tender;
25) 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 or
publication of such information on its website which, in
accordance with laws and regulations, should be prepared and
submitted to the Procurement Monitoring Bureau or published on
its website and which contains information on such persons on
whom an administrative penalty - a prohibition to exercise 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 offences
in the field of public procurement and public-private
partnership;
26) public works contract - a procurement contract
whose subject-matter is the execution or designing of the
construction work referred to in Annex 1 to this Law, and the
execution of the relevant construction work referred to in Annex
1, or the development of the structure, or designing and
development of the structure, or the development of the structure
by whatever means, according to the requirements of the
contracting authority who has the decisive influence on the type
or design of a structure. For the purposes of this Law, the
structure shall mean the outcome of the construction work
referred to in Annex 1 taken as a whole, which is sufficient for
the structure to be able to ensure certain economic or technical
function;
27) public service contract - a procurement contract
the subject-matter of which is the provision of services other
than those referred to in Annex 1 to this Law;
28) public supply contract - a procurement contract the
subject-matter of which is the purchase, hire-purchase, lease of
a product, or lease of a product with an option to buy. A
contract the subject-matter of which is the supply of products
and the insignificant part of which is the process of building-in
or installation of the products shall also regarded as a public
supply contract;
29) public service provider - a public service provider
within the meaning of the legal acts governing the procurement of
public service providers;
30) negotiated procedure - a procurement procedure
where the contracting authority, without prior publication of the
contract notice, consults with the economic operators selected by
it and organises negotiation with one or several of them
regarding the conditions of the procurement contract;
31) 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;
32) technical reference - any deliverable produced by
European standardisation bodies, other than European standards,
according to procedures adapted to the development of market
needs;
33) framework agreement - such agreement between one or
several contracting authorities and one or several economic
operators the purpose of which is to establish and characterise
the procurement contracts to be concluded within a certain period
of time and to provide for the provisions according to which such
contracts will be concluded (especially in relation to the prices
and, if necessary, the quantity envisaged);
34) green public procurement - procurement of such
products, services or construction work the environmental impact
whereof during their life cycle is smaller than the impact of the
products, services and construction work with the same purpose of
use, acquired without applying the principles of green public
procurement.
[26 April 2018; 21 February 2019; 5 December 2019 /
Amendment to Clause 25 which provides for the replacement of
the words "prohibition to hold the office of public official"
with the words "prohibition to exercise rights - a prohibition to
hold such offices the duties of which include taking 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" shall
come into force on 1 July 2020. See Paragraph 15 of
Transitional Provisions]
Section 2. Purpose of the Law
The purpose of the Law is to ensure:
1) openness of procurements;
2) free competition of economic operators, and also equal and
fair treatment thereof;
3) effective use of the funds of the contracting authority,
minimising the risk thereof as far as possible.
Section 3. Exceptions to the
Application of the Law
(1) This Law shall not be applied if the contracting authority
concludes a procurement contract for:
1) the purchase or lease of land, existing structure or other
immovable property or the acquisition of other rights to such
immovable property with any financial resources;
2) the purchase, development, production, or co-production of
such broadcast material intended for audio and audio-visual
electronic mass media services, if the contract is awarded by
electronic mass media, or the contracts for the provision of
transmission time or broadcasts that are awarded to electronic
mass media;
3) arbitration and conciliation services;
4) document certification services provided by notaries;
5) legal services the providers of which are designated by a
court or the providers of which are assigned by external laws and
regulations to carry out specific tasks under the supervision of
a court;
6) legal services related to the exercise of official
authority;
7) the financial services related to the issue, purchase,
sale, or transfer of securities or other financial instruments,
services, and activities of the Bank of Latvia which are
performed through the European Financial Stability Facility and
the European Stability Mechanism;
8) the loans which are related or not related to the issue,
sale, purchase, or transfer of securities or other financial
instruments;
9) services of natural persons under the employment
contracts;
10) services in the field of civil defence, civil protection,
and disaster prevention which are provided by associations,
foundations, or unions and to which any of the following CPV
codes refers to: 75250000-3, 75251000-0, 75251100-1, 75251110-4,
75251120-7, 75252000-7, 75222000-8, 98113100-9, and 85143000-3,
except for the emergency medical services related to the
transport of patients;
11) public passenger transport services by rail or metro;
12) services provided by another contracting authority or by
an association of contracting authorities which, in accordance
with external laws and regulations, have an exclusive right to
provide the relevant service.
(2) This Law shall apply only to public service contracts for
research and development services under the CPV code from
73000000-2 to 73120000-9, 73300000-5, 73420000-2, and 73430000-5,
if the following conditions are concurrently met:
1) only the contracting authority will benefit from the
results of the service provided who will use these results only
for their own needs;
2) the contracting authority will fully pay for the service
provided.
(3) This Law shall not be applied to:
1) procurements to ensure the activities referred to in
Sections 3, 4, 5, 6, and 7 of the Law on the Procurement of
Public Service Providers in the fields specified in these
Sections;
2) procurements specified as an exception to the scope of
application of the Law on the Procurement of Public Service
Providers;
3) [26 April 2018]
(4) This Law shall not be applied by the universal post
service provider, if the public service contract is concluded
for:
1) the provision of the value added services linked to
electronic means and provided entirely by the abovementioned
means (including the secure transmission of coded documents by
electronic means, electronic mail address management services and
transmission of registered electronic mail);
2) financial services which are covered by CPV codes
66100000-1 to 66720000-3 and include postal money orders and
postal giro transfers;
3) philatelic services;
4) logistics services (services combining both physical
delivery and warehousing of postal items, or only delivery or
warehousing with other non-postal functions).
(5) This Law shall not be applied when concluding a
procurement contract the main purpose of which is to provide or
operate public electronic communications networks maintained by
the contracting authority or one or several publicly available
electronic communications services provided by the contracting
authority.
(6) This Law shall not be applied when the procurement
contracts are concluded in accordance with the provisions of
other procedures and are awarded in accordance with:
1) an international agreement which, in accordance with the
legal framework of the European Union, has been entered into by a
European Union Member State with one or several countries, other
than the European Union Member States, or administrative units of
such countries regarding construction work, supplies, or services
in connection with the participation of the countries having
signed the agreement in the implementation of a joint measure or
the use of its outcomes. The contracting authority shall notify
the European Commission of all such agreements;
2) a specific procedure of an international organisation;
3) a specific procedure of an international organisation or
international financial institution if the relevant procurements
are fully financed by the relevant organisation or institution.
If the international organisation or international financial
institution finances the procurement in the amount of at least 50
per cent, the parties shall agree on the applicable procurement
procedures;
4) an international agreement related to the deployment of
troops and applicable to the economic operators of the European
Union Member State or the economic operators of a country other
than the European Union Member State.
(7) This Law shall not be applied to the supplies, services
and construction work that comply with Section 3 of the Law on
Procurement in the Field of Defence and Security.
(8) This Law shall not be applied if its application may cause
harm to the protection of essential State security interests. The
Cabinet shall decide on the protection of essential State
security interests on a case-by-case basis. The basis for the
application of this exception shall be neither urgency nor
protected information itself, if the protection thereof can be
ensured in procurement procedures in accordance with this Law or
the laws and regulations governing procurements in the field of
defence and security.
(9) This Law shall not be applied if the Cabinet, in
accordance with external laws and regulations, has recognised the
information on a contract or the performance thereof as an
official secret.
[26 April 2018]
Section 4. Mutual Procurement
Contracts Between the Contracting Authorities
(1) This Law shall not be applied to the construction work
performed, supplies, or services provided by a person who meets
all of the following features:
1) it is under such control of the contracting authority that
manifests as the rights to influence the strategic objectives and
decisions of the activities of the controlled person, or under
the control of a person controlled in the abovementioned manner
by the contracting authority;
2) more than 80 per cent of its activities are comprised of
carrying out specific tasks in the interests of the controlling
contracting authority or other persons controlled by the
abovementioned contracting authority;
3) there is no direct private capital participation in it,
with the exception of such form of private capital participation,
which in accordance with the laws and regulations governing
commercial law and the Treaty on the Functioning of the European
Union does not entail the rights to influence and control its
decisions and does not exert a decisive influence on it.
(2) This Law shall not be applied if the controlled person
corresponding to the features of Paragraph one of this Section
which concurrently is also the contracting authority, awards a
procurement contract to its controlling contracting authority or
to another person controlled by the controlling contracting
authority within the meaning of Paragraph one, Clause 1 of this
Section, provided that the person to whom the procurement
contract is awarded does not have direct private capital
participation, with the exception of such form of private capital
participation, which in accordance with the laws and regulations
governing commercial law and the Treaty on the Functioning of the
European Union does not entail the rights to influence and
control the decisions of such person and does not exert a
decisive influence on it.
(3) This Law shall not be applied to the construction work
performed, supplies or services provided by a person who meets
all of the following features:
1) it is under the joint control of several contracting
authorities that manifests as the rights to influence the
strategic objectives and decisions of the activities of the
controlled person;
2) more than 80 per cent of its activities are comprised of
carrying out specific tasks in the interests of the jointly
controlling contracting authorities or other persons controlled
by the abovementioned contracting authorities;
3) there is no direct private capital participation in it,
with the exception of such form of private capital participation,
which in accordance with the laws and regulations governing
commercial law and the Treaty on the Functioning of the European
Union does not entail the rights to influence and control its
decisions and does not exert a decisive influence on it.
(4) Within the meaning of Paragraph three of this Section, the
person is under the joint control of several contracting
authorities if:
1) the composition of the administrative authorities of the
controlled person includes representatives of all contracting
authorities (individual representatives may represent several or
all of the participating contracting authorities);
2) all contracting authorities have the right to jointly
influence the strategic objectives and decisions of the
activities of the controlled person;
3) the controlled person operates within the interests of the
contracting authorities.
(5) This Law shall not be applied to the procurement contracts
concluded between two or several contracting authorities,
provided that the following conditions have been met:
1) the procurement contract establishes or implements a
cooperation between the contracting authorities with the aim of
ensuring public services under the competence thereof;
2) the cooperation is implemented in the interests of
public;
3) the share of the public services provided by the
participating contracting authorities in the open market for the
ensuring of which the cooperation is implemented is less than 20
per cent.
(6) In order to determine a percentage of the activities
referred to in Paragraph one, Clause 2, Paragraph three, Clause
2, and Paragraph five, Clause 3 of this Section, the average
financial turnover or another activity-based measure (for
example, costs of services, supplies or construction work of the
controlled person or the contracting authority) for the last
three years until awarding of the procurement contract shall be
taken into account. If the controlled person or the contracting
authority has been established or has commenced activities after
the set deadline or if data on its financial turnover or
activity-based measures are not available due to its
reorganisation or no longer apply, the percentage of the
activities may be proved by using business projections.
Section 5. Exceptions to the
Application of the Procurement Procedure
The contracting authority shall not apply the procurement
procedures laid down in this Law, if the estimated contract price
of the procurement contract is less than the thresholds of
contract prices determined by the Cabinet for procurement
contracts and if it is concluded regarding:
1) supplies or services provided by a public service provider
by performing the activities referred to in Sections 3, 4, 5, 6,
and 7 of the Law on the Procurement of Public Service Providers
in the fields specified in these Sections;
2) the procurement of printed publications, electronic
publications, manuscripts, and other documents for the
supplementation of library collections or the organisation of
education and research process in educational institutions, and
also in scientific institutions established by the State or
higher education institutions;
3) the procurement of such museum-related objects for the
supplementation of museum collections which have an artistic,
cultural and historical, scientific or memorial value;
4) the procurements in foreign countries performed by foreign
economic representative offices, the Ministry of the Interior and
the authorities subordinated thereto, and also the units of the
National Armed Forces participating in international operations
and international training;
5) the supplies and services for the performance of a research
and development contract completely financed by a legal person
governed by private law in a scientific institution established
by the State or higher education institution which has been
registered in the register of scientific institutions, if such
supplies and services are completely reimbursed from the
resources received for the performance of this research and
development contract;
6) the supply of materials, reactants and constituents for the
conduct of experiments, development of mock-ups and prototypes in
a scientific institution established by the State or higher
education institution which has been registered in the register
of scientific institutions, if the necessity of such materials,
reactants and constituents, their parameters or quantity is
determined by the progress of the research or development
process;
7) publishing of a scientific article in a scientific
periodical or other scientific publication, and it is paid for or
reimbursed to the scientist by a scientific institution
established by the State or higher education institution which is
registered in the register of scientific institutions;
8) the services provided by an economic operator for the
attraction of students of higher education institutions from the
countries other than European Union Member States;
9) the services provided by specialists and experts necessary
for the performance of investigative actions in criminal
proceedings;
10) the supplies, services or construction work procured by
the diplomatic and consular missions of Latvia for ensuring their
functions, if the procurement contract is performed in the
accreditation country of the mission or another country where the
head of the mission is accredited, irrespective of the country of
registration or permanent residence of the economic operator;
11) the supplies, services or construction work procured by
the valsts akciju sabiedrība "Valsts nekustamie īpašumi" [State
Joint Stock Company State Real Estate] for the purposes of
administering its own immovable property or immovable property
transferred into its administration which is located abroad, if
the procurement contract is performed in the country of location
of the immovable property;
12) such services of the experts registered in the European
Commission database of scientific experts or in another database
of scientific experts in the field of research and development,
which are related to the preliminary scientific assessment of the
research and development project proposals or the interim
assessment of such projects, or the assessment of achieved
outcomes thereof, if the attraction of the abovementioned experts
is prescribed by the legal acts of the Cabinet on the
implementation of funds and programmes financed from the State
budget or the European Union budget, and also the implementation
of schemes and mechanisms established jointly with the Member
States;
13) the services of travel agencies covered by CPV code
63510000-7;
14) implementation of significant measures for strengthening
civic consciousness, contributing to the defence of State
security interests, if the procurement is carried out by the
institution of direct administration and the Cabinet has decided
on the application of this exception;
15) the services provided by the experts in the group of
experts during the process of accrediting the higher education
institution or college, or the academic discipline, or of
licensing the study programme;
16) the services provided by the authors, composers,
sculptors, entertainment artists and other individual artists,
which are covered by CPV code 92312200-3, and the services of
artistic and literary creation and interpretation, which are
covered by CPV code 92310000-7;
17) the services covered by CPV codes 55300000-3, 55100000-1
and 60170000-0 which are necessary for ensuring the State,
official, work visits of the foreign delegations organised by the
Chancery of the President, Administration of the Saeima
and the Ministry of Foreign Affairs, if the delegation is chaired
by the foreign presidents, vice-presidents, heads and deputy
heads of the parliaments, prime ministers and their deputies,
ambassadors, ministers for foreign affairs and their deputies,
heads of international organisations, or if the abovementioned
delegations are staying in Latvia according to an official
invitation of the President, the Chairperson of the
Saeima, the Prime Minister or the Minister for Foreign
Affairs, and for ensuring international events of national
importance;
18) the services provided by the quality assurance agency
included in the register of the Academic Information Centre or
the European Association for Quality Assurance in Higher
Education during the process of assessing the academic
discipline;
19) the construction works, supplies, or services within the
framework of the programme for improving energy efficiency of
multi-apartment residential houses which is administered by
akciju sabiedrība "Attīstības finanšu institūcija Altum"
[joint stock company Latvian Development Finance Institution
Altum].
[14 February 2019; 30 April 2020]
Section 6. Contracts the Performance
of Which is Financed by the Contracting Authority by More than 50
Per cent
(1) This Law shall be applied for the conclusion of contracts
if:
1) the performance of a works contract is financed by more
than 50 per cent of the contract price directly by the
contracting authority and the estimated contract price of this
contract is equal to or exceeds the contract price thresholds
determined by the Cabinet and if this contract relates to
specialised construction work in accordance with Annex 1 to this
Law, and also to the construction of structures intended for
sports, medical treatment and recreation, hospitals, schools and
administrative buildings;
2) the performance of a service contract is financed by more
than 50 per cent of the contract price directly by the
contracting authority and the estimated contract price of this
contract is equal to or exceeds the contract price thresholds
determined by the Cabinet and if this contract relates to the
works contract in accordance with Clause 1 of this Section.
(2) If the contracting authority financing the performance of
the contracts referred to in Clause 1 and 2 of Paragraph one of
this Section is not itself ensuring the awarding of contracts or
awards the contracts in favour or on behalf of other persons, it
shall ensure the compliance of the contract awards with this
Law.
Section 7. Other Projects Financed
by the Contracting Authority
(1) If the contracting authority finances the performance of
such contract which is not referred to in Section 6 of this Law
from their own funds or from the funds of the European Union
policy instruments or other foreign financial assistance and
national co-financing, the procurement procedures and the
procedures for application thereof, and also persons who apply
these procedures shall be determined by the Cabinet.
(2) Paragraph one of this Section shall not apply to financing
which is granted as compensation. Within the meaning of this
Paragraph, compensation is a sum of money which is calculated
according to a specific rate and issued as a remuneration for the
implementation of a specific objective.
Section 8. Types of Procurement
Procedures and Application Thereof
(1) The following procurement procedures exist:
1) open procedure;
2) restricted procedure;
3) competitive procedure with negotiation;
4) competitive dialogue;
5) innovation partnership procedure;
6) negotiated procedure.
(2) The contracting authority is entitled to organise the
design contest, if the estimated contract price is EUR 10 000 or
more. Design contest shall be organised as part of a procurement
procedure leading to the award of a public service contract, or
as a separate contest providing for the prizes or payment to
participants. The procedures for the course of the design contest
shall be determined by the Cabinet.
(3) The Cabinet shall determine the following regulations
related to the course of procurement procedures and design
contests, insofar as it is not governed by this Law:
1) the procedures for the course and regulations on
application of the procurement procedures and design
contests;
2) the minimum terms for submission of the applications,
tenders, and designs and the cases for reduction thereof;
3) the cases when the contracting authority does not have an
obligation to use electronic information systems for the receipt
of applications, tenders, designs, or constituent parts
thereof;
4) the content of the regulations of the procurement
procedures and design contests;
5) the rules for the announcing, suspension, and termination
of procurement procedures and design contests;
6) the rules for the communication of results of the
procurement procedure and design contest;
7) the rules for the documentation of the procurement
procedure and design contest and the contents of the notice of
the procurement procedure and design contest;
8) the rules for the publication of the notices;
9) the procedures for the application of the dynamic
purchasing system.
(4) This Law shall be applied to the procurement procedures
referred to in Paragraph one of this Section if the contract
price of public supply contracts or of service contracts is EUR
42 000 or more and the contract price of public works contracts
is EUR 170 000 or more.
(5) In the cases specified in Section 17, Paragraphs seven and
eight of this Law the contracting authority shall purchase
products and services from a central purchasing body or with the
intermediation thereof, not applying the procurement procedures
laid down in Paragraph one of this Section or the provisions of
Sections 9 and 10 of this Law.
(6) The contracting authority is entitled to apply a
competitive procedure with negotiation or a competitive dialogue
if:
1) the needs of the contracting authority cannot be met
without adjusting solutions already available on the market;
2) the procurement contract includes designing or innovative
solutions;
3) the procurement contract cannot be awarded without prior
negotiations because of specific circumstances related to the
nature, the complexity or the legal and financial make-up of the
procurement, or because of the risks attaching to them;
4) the technical specifications cannot be prepared with
sufficient precision by the contracting authority with reference
to a standard, European Technical Assessment, common technical
specification or technical references;
5) in response to an open or a restricted procedure, the
tenders not corresponding to the requirements prescribed by the
procurement procedure documents are submitted or the tenders
exceed the estimated contract price specified in the procurement
procedure documents, or the tenders have been found to be
abnormally low, or the tenders are submitted after the expiry of
the term for submission thereof, or the tenderers do not meet the
qualification requirements prescribed by the procurement
procedure documents. This procedure may be applied, without prior
publication of a contract notice, if only all those tenderers are
called for negotiation, who meet the qualification requirements
prescribed in an open or restricted procedure and who have not
been excluded from participation in the procurement procedure,
and who have submitted their tenders within the term for the
submission of the tenders prescribed in an open or restricted
procedure.
(7) The contracting authority may apply a negotiated procedure
if:
1) no tenders or applications have been submitted, or tenders
not corresponding to the procurement contract have been submitted
in response to an open procedure or a restricted procedure, where
such tenders are incapable, without substantial changes, of
meeting the requirements as specified in the procurement
procedure documents, or the applications of the candidates who do
not meet the qualification requirements and are to be excluded
from the procurement procedure have been submitted, provided that
the initial conditions for the performance of the procurement
contract are not substantially altered. Upon a request of the
European Commission, the contracting authority shall send it the
procurement procedure report. Where an open or restricted
procedure is terminated or suspended, because the tenders are
rejected in accordance with Section 41, Paragraph eleven of this
Law, the contract price of the contract concluded as a result of
negotiation may not exceed any of the following values:
a) the contract price specified by the contracting authority
in the procurement procedure documents in an open or restricted
procedure which is set as the tender conformity requirement;
b) 150 per cent of the estimated contract price specified in
the procurement procedure documents of an open or restricted
procedure;
2) the construction work, supplies, or services may be
provided only by a specific economic operator in one of the
following cases:
a) the aim of the procurement is the creation or acquisition
of a unique work of art or artistic performance;
b) competition is absent for technical reasons;
c) it is necessary to observe the protection of exclusive
rights, including intellectual property rights;
3) as a result of extraordinary events unforeseeable by the
contracting authority, a situation has objectively occurred,
where, for reasons of urgency, it is not possible to apply an
open procedure, a restricted procedure, or a competitive
procedure with negotiation. The abovementioned circumstances
which justify extraordinary situation may not depend upon the
activities of the contracting authority;
4) the necessary products are specifically produced for
research and experimentation. This norm shall not apply to the
production of products to establish their commercial viability or
to recover research and experimentation costs;
5) 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 supplies or installations, because a change of economic
operator (producer) of products would oblige the contracting
authority to purchase supplies having different technical
characteristics than those of the existing supplies, and such
difference would result in incompatibility or disproportionate
technical difficulties in operation and maintenance of supplies
or installations. The duration of such procurement contract, and
also that of recurrent procurement contracts may not exceed three
years;
6) the procurement contract has as its subject-matter the
supplies of the products quoted and purchased by the contracting
authority on a commodity exchange;
7) it is possible to purchase products or services on
particularly advantageous terms from either an economic operator
which is definitively winding up its business activities or the
liquidator which has carried out the liquidation procedure of the
economic operator, or the administrator organising the auction of
the property of a bankrupt economic operator in accordance with
the laws and regulations;
8) public service contract is concluded with the winner or any
of the winners of the design contest and the design contest has
been organised in accordance with the requirements of this Law.
If several winners have been determined in the design contest,
all winners shall be invited to participate in the
negotiations;
9) the procurement contract has as its subject-matter the
repeated performance of construction work or provision of the
services specified in the previously concluded procurement
contract as a result of the procurement procedure, entrusted to
the contractor, and the repeatedly required construction work or
services correspond to the project underlying the previously
concluded procurement contract as a result of the procurement
procedure. This condition shall apply to the cases when the
contracting authority in the procurement procedure documents of
the first project, when determining the estimated contract price,
has provided for the repeated conclusion of the procurement
contracts, total estimated value of the construction work or
services and the conditions for awarding them. The negotiated
procedure may be used only during the three years following the
conclusion of the original procurement contract.
(8) The exceptions referred to in Clause 2, Sub-clauses "b"
and "c" of Paragraph seven of this Section shall only apply where
there is no reasonable alternative or substitute and if the
reason for the absence of competition is other than the
requirements set for the procurement.
(9) The procurement contract having as its subject-matter two
or more types of procurement (construction work, services, or
supplies) shall be awarded in accordance with the provisions
applicable to the type of procurement that characterises the main
subject-matter of the respective procurement contract. For the
procurement contracts consisting partly of services referred to
in Annex 2 to this Law and other services or partly of services
and partly of supplies, the main subject-matter and the
applicable procurement procedure shall be determined in
accordance with which of the estimated contract prices of the
respective services or supplies is the highest.
(10) If the subject-matter of a procurement contract is a
procurement to which this Law applies, and a procurement to which
this Law does not apply, and the different lots of the
procurement are objectively separable, the contracting authority
is entitled to apply appropriate legal regime to each lot or
conclude a full procurement contract and apply this Law. If parts
of the procurement contract are not objectively separable, the
applicable legal regime shall be determined according to the main
subject-matter of the procurement contract, except for the case
referred to in Paragraph thirteen of this Section.
(11) If the subject-matter of a procurement contract is a
procurement to which this Law applies, and it also contains the
elements of concession contract, the procurement contract shall
be awarded in accordance with this Law, provided that the
contract price of the lot of the procurement contract to which
this Law applies is equal to or greater than the contract price
thresholds determined by the Cabinet.
(12) If the subject-matter of a procurement contract is both
the procurement to which this Law applies and the procurement for
the pursuit activities subject to the laws and regulations
governing the field of procurement of public service providers,
the provisions applicable to awarding such procurement contract
shall be determined in accordance with Sections 8 and 9 of the
Law on the Procurement of Public Service Providers.
(13) If the subject-matter of a procurement contract is both
the procurement to which this Law applies and the procurement to
which the laws and regulations governing the procurement in the
field of defence and security apply, and if the contracting
authority has chosen to award a single procurement contract
(decision to award a single contract shall not be taken for the
purpose of excluding contracts from the application of either
this Law or the laws and regulations governing the procurement in
the field of defence and security), the applicable legal regime
shall be determined according to the following features:
1) if Article 346 of the Treaty on the Functioning of the
European Union applies to a part of the procurement contract, the
procurement contract may be awarded without applying this Law,
provided that awarding of a full procurement contract is
justified on objective grounds;
2) where a specific part of a procurement contract is covered
by Section 3, Paragraph one, Clauses 2, 3, and 4 of the Law on
Procurement in the Field of Defence and Security, the procurement
contract may be awarded in accordance with the laws and
regulations governing the procurement in the field of defence and
security, provided that awarding of a full procurement contract
is justified on objective grounds.
(14) If a procurement contract corresponds to both Clause 1
and Clause 2 of Paragraph thirteen of this Section, the
contracting authority shall apply Paragraph thirteen, Clause 1 of
this Section.
[20 September 2018]
Section 9. Procurements to which the
Procurement Procedures Laid Down in this Law shall not Apply
(1) If the estimated contract price of a public supply
contract or public service contract is EUR 10 000 or more, but
less than EUR 42 000 and the estimated contract price of a public
works contract is EUR 20 000 or more, but less than EUR 170 000,
the contracting authority shall perform procurement in accordance
with the procedures laid down in this Section.
(2) When preparing the procurement, the contracting authority
shall apply Paragraph one of Section 18 of this Law. When
preparing the procurement, the contracting authority may apply
Paragraph two and three of Section 18 of this Law.
(3) For performing the procurement the contracting authority
shall establish a procurement commission in accordance with
Section 24 of this Law. The operation of the procurement
commission shall be subject to the provisions of Section 25 of
this Law. The procurement commission shall take decisions in
accordance with the procedures laid down in Section 26 of this
Law.
(4) The procurement commission shall prepare the regulations
for the procurement to be performed under the procedures laid
down in this Section. The regulations shall contain:
1) justified and objective requirements with respect to the
subject-matter of the procurement, taking into account Sections
20, 21, and 22 of this Law and ensuring that the abovementioned
requirements do not create unjustified restrictions for
competition;
2) the requirements for the tenderers, taking into account
Sections 13, 44, 45, and 46 of this Law;
3) the cases when the tenderers shall be excluded in
accordance with the provisions of Paragraph eight of this
Section, or the reference to the exclusion of the tenderers in
accordance with Paragraph eight of this Section;
4) the requirements for tender security, if any is provided
for, and the performance bond, if any is provided for, taking
into account Section 50 of this Law;
5) the tender evaluation criteria, taking into account
Sections 19 and 51 of this Law;
6) information security rules, if any are necessary, taking
into account Section 14, Paragraph one of this Law;
7) the procedures for the conclusion of a procurement
contract;
8) other rules.
(5) It is prohibited to request the inclusion in the
composition of the tender of a work prepared for a specific
procurement, forming the object of copyright or considered to be
partial performance of the service.
(6) The contracting authority for the announcement of the
procurement shall prepare and publish in the publications
management system the notice of the planned contract, stating the
term for submission of tenders which shall not be shorter than 10
days (excluding the State official holidays) from the day of
publishing the notice. The contracting authority, up to the day
of publishing the abovementioned notice, shall post on its buyer
profile the procurement regulations and shall ensure free and
direct access thereto. If the economic operator has requested
additional information in due time on the requirements included
in the procurement regulations, the contracting authority shall
provide it within three working days, but not later than four
days before the end of the term for submission of tenders. The
contracting authority shall send the additional information to
the economic operator who asked the question and shall
concurrently post this information in the place where the
procurement regulations are available, indicating also the
question asked. The contracting authority shall ensure the
exchange of information related to the procurement in accordance
with Section 38 of this Law.
(7) Upon expiry of the term for submission of tenders, the
procurement commission shall assess the submitted tenders, carry
out the selection of tenderers, and select one or more tenders,
taking into account the requirements of Section 41 of this
Law.
(8) The contracting authority shall exclude the tenderer to
whom the procurement contract would be awarded, from the
participation in the procurement in any of the following
cases:
1) insolvency proceedings of the tenderer have been announced
(except for the case where a set of measures is applied within
insolvency proceedings oriented towards restoration of solvency
of the debtor), economic activity thereof has been suspended or
the tenderer is liquidated;
2) it has been established that on the last day of the term
for submission of tenders, or on the day when the decision is
taken to possibly award the procurement contract, the tenderer
has tax debts in Latvia or in the country of registration or
permanent residence thereof, including the debts of mandatory
State social insurance contributions which exceed EUR 150 in
total in any country. As regards the tenderers registered and
permanently residing in Latvia, the contracting authority shall
take into account the information posted on the information
system stipulated by the Cabinet on the date of the last data
update of the public tax debtors' database and Administration
System of Immovable Property Tax of the State Revenue
Service;
3) a person preparing the procurement procedure documents (an
official or employee of the contracting authority), a member of
the procurement commission, or an expert is related to the
tenderer within the meaning of Section 25, Paragraph one or two
of this Law, or is interested in the selection of the tenderer,
and the contracting authority has no possibility to prevent this
situation by less restrictive measures with respect to the
tenderer;
4) a person specified by the tenderer on whose capacities the
tenderer relies upon to certify that the qualification thereof
conforms to the requirements specified in the notice of the
planned contract or the procurement regulations, and also the
member of the partnership, if the tenderer is a partnership, is
subject to the conditions of Clause 1, 2, or 3 of this
Paragraph;
5) the tenderer is a legal person or association of persons
registered in an offshore.
(9) To verify whether a tenderer is to be excluded from
participation in the procurement due the conditions referred to
in Paragraph eight, Clause 1, 2, 4, or 5 of this Section, the
contracting authority shall:
1) as regards the tenderer registered or permanently residing
in Latvia and the person referred to in Paragraph eight, Clause 4
of this Section, by means of the information system stipulated by
the Cabinet and in accordance with the procedures stipulated by
the Cabinet obtain information:
a) on the facts referred to in Paragraph eight, Clauses 1 and
5 of this Section - from the Enterprise Register. As regards the
tenderer registered abroad, the contracting authority shall
request to submit the document confirming the country of
registration,
b) on the facts referred to in Paragraph eight, Clause 2 of
this Section - from the State Revenue Services and local
governments of Latvia. The contracting authority is entitled to
receive the relevant information from the State Revenue Service
and local governments of Latvia without requesting any consent
from the tenderer and the person referred to in Paragraph eight,
Clause 4 of this Section;
2) as regards the tenderer registered or permanently residing
abroad and the person referred to in Paragraph eight, Clause 4 of
this Section, request that the tenderer submit the statement
issued by the relevant competent authority confirming that the
cases specified in Paragraph eight of this Section do not apply
to such tenderer and the person referred to in Paragraph eight,
Clause 4 of this Section. The contracting authority shall
determine a time period of not less than 10 working days for the
submission of the statement following the day of issue or sending
of the request. If the relevant tenderer fails to submit the
abovementioned statement within the specified time period, the
contracting authority shall exclude him or her from participation
in the procurement.
(10) Depending on the result of the verification carried out
in conformity with Paragraph nine, Clause 1, Sub-clause "b" of
this Section a contracting authority shall:
1) not exclude a tenderer from participation in the
procurement, if it establishes that in accordance with the
information present in the information system stipulated by the
Cabinet the tenderer and the person referred to in Paragraph
eight, Clause 4 of this Section does not have tax debts,
including debts of mandatory State social insurance contributions
exceeding in total EUR 150;
2) inform a tenderer that according to the information posted
on the information system stipulated by the Cabinet on the date
of last data update of 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 eight, Clause 4 of this Section on the final date of
the term for submission of tenders or on the day when the
decision on the possible award of the procurement contract has
been adopted has tax debts, including the debts of mandatory
State social insurance contributions exceeding EUR 150 in total,
and shall determine a time period - 10 days following the day of
issuance or sending of the information - within which the
certification shall be submitted that the tenderer, on the final
date of the term for submission of tenders or on the day when the
decision has been adopted on possible award of the procurement
contract, had no tax debts, including the debts of mandatory
State social insurance contributions, exceeding EUR 150 in total.
If the certification is not submitted within a time period
specified, the contracting authority shall exclude a tenderer
from the participation in the procurement.
(11) In order for a tenderer to certify that he or she and the
person referred to in Paragraph eight, Clause 4 of this Section
had no tax debts, including the debts of mandatory State social
insurance contributions exceeding EUR 150 in total in Latvia, he
or she shall, within the time period specified in Paragraph ten,
Clause 2 of this Section, submit:
1) a printout from the Electronic Declaration System of the
State Revenue Service certified by the relevant person or a
representative thereof or the statement of the State Revenue
Service that the relevant person had no relevant tax debts,
including the debts of mandatory State social insurance
contributions;
2) a statement issued by a local government that the relevant
person had no immovable property tax debts;
3) a copy of the decision issued by the State Revenue Service
or the competent authority of a local government on the extension
or postponing of the deadline for the payment of the tax or other
objective evidence of the non-existence of tax debts.
(12) If such documents by which the tenderer registered or
permanently residing abroad can certify that the cases specified
in Paragraph eight of this Section do not apply to it are not
issued or they are not sufficient to certify that the cases
specified in Paragraph one of this Section do not apply to the
tenderer, the abovementioned documents may be replaced with an
oath or, if the laws and regulations of the relevant country do
not provide for giving of an oath, with a certification of the
tenderer itself, or the person referred to in Paragraph eight,
Clause 4 of this Section before a competent executive authority
or judicial authority, a sworn notary, or a competent
organisation in the relevant sector in the country of
registration (permanent residence) thereof.
(13) The procurement commission shall recognise as the winner
in the procurement the tenderer selected in accordance with the
requirements and criteria laid down in the procurement
regulations and not subject to exclusion from the participation
in the procurement in accordance with Paragraph eight of this
Section. In addition, all rejected tenderers and the reasons for
rejection thereof, the contract prices offered by all tenderers
and the comparative advantages of the tenderer determined as the
winner shall be indicated in the decision by which the winner is
determined, taking into account the provisions of Section 14,
Paragraph two of this Law. If the tenders not corresponding the
requirements laid down in the procurement regulations are
submitted or no tenders are submitted at all, the procurement
commission shall take the decision to terminate the procurement
without result. The contracting authority shall, within three
working days following the taking of the decision to terminate
the procurement without result, prepare and publish in the
publication management system information on termination of the
procurement without result, specifying the date of taking and the
justification for the decision (information shall be attached to
the notice of the planned contract), and also shall ensure free
and direct electronic access to this decision on its buyer
profile.
(14) Within three working days following the taking of the
decision, the contracting authority shall inform all the
tenderers of the tenderer or tenderers selected within the
procurement and shall provide them with the information to be
specified in the decision referred to in Paragraph thirteen of
this Section or shall send the abovementioned decision, and also
shall ensure free and direct electronic access to the decision
referred to in Paragraph thirteen of this Section on its buyer
profile.
(15) The contracting authority shall award the procurement
contract to the tenderer selected by the procurement commission
in accordance with Section 60, Paragraphs one, two, three, four,
and five of this Law. The contracting authority is entitled to
suspend the procurement and not to award the procurement
contract, if it has an objective substantiation. The contracting
authority shall, within three working days following the taking
of the decision to suspend the procurement, prepare and publish
in the publication management system information on suspension of
the procurement, specifying the date of taking and the
justification for the decision (information shall be attached to
the notice of the planned contract), and also shall ensure free
and direct electronic access to this decision on its buyer
profile.
(16) The contracting authority shall ensure the documentation
of the procurement, issuance and storage of the procurement
documents in accordance with Section 40, Paragraphs one, three,
four, and five of this Law.
(17) Within ten working days following the conclusion of the
procurement contract, the contracting authority shall prepare and
publish in the publication management system the informative
notice regarding the concluded contract.
(18) Within ten working days after the procurement contract or
the amendments thereto have come into effect, the contracting
authority shall post on its buyer profile, correspondingly, the
text of the procurement contract or the amendments thereto in
conformity with the procedures laid down in the laws and
regulations taking into account the requirements of commercial
secret protection. The text of the procurement contract and
amendments thereto shall be available in the buyer profile for at
least the entire term of the procurement contract, however not
less than 36 months following the day of coming into effect of
the procurement contract.
(19) Amendments to the procurement contract to be concluded in
accordance with the procedures laid down in this Section shall be
made taking into account Section 61 of this Law.
(20) The contracting authority is entitled not to apply the
provisions of this Section if the procurement contracts referred
to in Section 10 are concluded, and also in case referred to in
Section 19, Paragraph three of this Law. Upon carrying out
procurements in relation to the security services referred to in
Part "Investigation and security services" of Annex 2 to this Law
covered by CPV code 79710000-4, the contracting authority shall
apply Paragraphs eight, nine, ten, eleven, and twelve of this
Section.
(21) The contracting authority is entitled not to apply the
provisions of Paragraphs six and eight of this Section if:
1) the procurement meets the conditions of Section 8,
Paragraph seven and eight of this Law;
2) a procurement has been carried out previously in accordance
with the procedures laid down in this Section and tenders not
complying with the requirements laid down in the procurement
regulations have been submitted - by taking into account the
condition that the provisions of the procurement contract do not
significantly differ from the requirements necessary for the
performance of the procurement contract provided for in the
procurement carried out previously and in this procurement only
those tenderers are invited to submit a tender who have not been
excluded in the procurement carried out previously and were not
to be excluded, and who comply with the defined qualification
requirements;
3) a procurement has been carried out previously in accordance
with the procedures laid down in this Section and tenders have
not been submitted therein - taking into account the condition
that the provisions of the procurement contract do not
significantly differ from the requirements necessary for the
performance of the procurement contract provided for in the
procurement carried out previously;
4) the audit services of a sworn auditor are procured with
respect to the audits (reviews) of the annual financial
statements.
(22) The Cabinet shall determine:
1) the information system where the review referred to in
Paragraph nine of this Section is to be carried out, and also the
procedures for maintaining and using such system;
2) the purpose of processing and scope of the information to
be verified, as referred to in Paragraph nine, Clause 1 of this
Section;
3) the procedures for the receipt and processing of the
information by the information system referred to in Clause 1 of
this Paragraph from the information systems maintained by the
institutions referred to in Paragraph nine, Clause 1 of this
Section, and the procedures for the processing of such
information;
4) the content of the notice referred to in Paragraph six and
of the informative notice referred to in Paragraph seventeen of
this Section and the procedures for the preparation of such
notices.
(23) A tenderer who has submitted a tender in a procurement to
which the provisions of this Section apply, and who deems that
the rights thereof have been infringed or an infringement of such
rights is possible, is entitled to appeal the decision taken in
the District Administrative Court in accordance with the
procedures laid down in the Administrative Procedure Law within
one month following the day of receipt of the decision. A ruling
of the District Administrative Court may be appealed in
accordance with cassation procedures in the Department of
Administrative Cases of the Supreme Court. Appeal of the decision
shall not suspend the operation thereof.
[26 April 2018; 20 September 2018; 14 February 2019 / See
Paragraph 12 of Transitional Provisions]
Section 10. Procurements of the
Services Referred to in Annex 2 to this Law
(1) If the estimated contract price of a public service
contract is EUR 42 000 or more and the contract is concluded for
the services referred to in Annex 2 to this Law, the contracting
authority is entitled not to apply the procurement procedures
laid down in this Law, except for the requirements provided for
in Sections 13, 14, 19, 20, 21, and 22, Chapter III, Section 28,
Paragraph two, Sections 32 and 33, Section 36, Paragraphs one and
three, Sections 37, 38, and 39, Section 40, Paragraphs one,
three, four, and five, Section 60 and 61 of this Law. If a public
service contract is concluded for the security services referred
to in Part "Investigation and security services" of Annex 2 to
this Law covered by CPV code 79710000-4, the contracting
authority shall also apply the requirements provided for in
Sections 42 and 43 of this Law.
(2) The contracting authority is entitled not to apply this
Law to a public service contract the subject-matter whereof is
covered by any of the CPV codes referred to in Part "Health,
social and related services" of Annex 2 to this Law, if the
estimated contract price thereof is less than EUR 750 000. If the
estimated contract price of such public service contract is EUR
750 000 or more, the procurement shall be subject to the
procedures for the performance of the procurement laid down in
paragraph one of this Section.
(3) The contracting authority is entitled not to apply this
Law to a public service contract concluded for the provision of
training practice or study practice, or the work-based learning,
if the estimated contract price thereof is less than EUR 750
000.
[14 February 2019 / See Paragraph 12 of Transitional
Provisions]
Section 11. Determining the
Estimated Contract Price
(1) The estimated contract price shall be determined in order
to select the type and the applicable procedure of the
procurement.
(2) The estimated contract price shall be determined as the
total planned payment by the contracting authority for
performance of the procurement contract which the economic
operator may receive from the contracting authority and other
persons. The contracting authority, when planning the total
payment, shall take into account any selection opportunity and
any supplements to the procurement contract, all taxes to be paid
in relation to the procurement contract (except for the value
added tax), and also the value of prizes and payments if the
contracting authority intends to award prizes or to disburse
payments to the candidates, tenderers, participants of a
competitive dialogue, innovation partnership procedure partners,
or participants of a design competition.
(21) If the contracting authority consists of
separate structural units, not assigned by independent liability
for the performance of the procurement, the estimated contract
price shall be determined as the total planned payment of all
structural units for performance of the procurement contract or
the framework agreement. Independent liability for the
performance of the procurement is if the structural unit of the
contracting authority in accordance with the competence specified
in laws and regulations performs the procurement independently
and concludes the procurement contract or framework agreement,
and such procurement is financed from the financial resources at
its disposal and intended for the performance of the specific
procurement.
(3) The estimated contract price shall be determined prior to
submission of the notice referred to in Section 9, Paragraph six,
Section 28, Paragraph one, Section 31, Paragraph one or Section
32, Paragraph one of this Law for publication, or, if submission
of such notice for publication is not necessary, prior to the
commencement of the procurement or the procurement procedure.
(4) It shall not be allowed to divide construction work
projects, estimated supplies or services in order to avoid the
procurement or the application of the relevant procurement
procedure. It shall not be allowed to use such method for the
determination of the estimated contract price which is aimed
towards the non-application of the procurements or procurement
procedures specified in this Law.
(5) The estimated contract price of public works contracts
shall be the total value of all construction work or structures,
including the contract price of the supplies or services
necessary for the performance of the public 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 public works contract, to the
estimated contract price of the public works contract, if thus
the application of the requirements of this Law may be avoided in
relation to the relevant supply or service contracts.
(6) If the possible subject-matter of a public works or
service contract may be divided into lots, when concluding
concurrently procurement 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 contract price thresholds
referred to in Section 8, Paragraph four of this Law. With
respect to the lots the estimated contract price whereof is less
than EUR 80 000 for public service contracts and less than EUR 1
000 000 for public works contracts, the contracting authority is
entitled to carry out the procurement, which would relate to the
estimated contract price of these lots in accordance with Section
8, 9, or 10 of this Law, if the total estimated contract price of
the relevant lots is less than 20 per cent of the total estimated
contract price of all lots. If the total estimated contract price
of such lots is less than EUR 20 000 for public works contracts
and less than EUR 10 000 for public service contracts, the
contracting authority is entitled not to apply this Law in
relation to such lots.
(7) If similar products are intended to be purchased, by
concurrently concluding several public supply contracts so that
they are procurement contracts concerning lots, the estimated
contract price shall be determined as the total amount of all
lots. The 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 contract price thresholds referred to in Section
8, Paragraph four of this Law. With respect to the lots the
estimated contract price whereof is less than EUR 80 000, the
contracting authority is entitled to carry out the procurement,
which would relate to the estimated contract price of these lots
in accordance with Section 8 or 9 of this Law, if the total
estimated contract price of the relevant lots is less than 20 per
cent of the total estimated contract price of all lots. If the
total estimated contract price of such lots is less than EUR 10
000, the contracting authority is entitled not to apply this Law
in relation to such lots.
(8) The estimated contract price for public supply contracts
providing for lease, hire-purchase or leasing shall be determined
as follows:
1) for fixed-term procurement contracts:
a) if the term is 12 months or less - as the total contract
price for the term of the procurement contract;
b) if the term is longer than 12 months - as the total
contract price for the term of the procurement contract, taking
into account the residual value;
2) for procurement contracts without a fixed term or the
procurement contracts the term of which cannot be defined - as
the estimated monthly payment multiplied by 48.
(9) If regular public supply or public service contracts are
concluded or the term of the procurement 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 procurement
contracts of the same type during the preceding 12 months or the
preceding financial year, taking into account the possible
changes in quantity or value during the subsequent 12 months;
2) as the total estimated value of the successive procurement
contracts of the same type during the subsequent 12 months after
the initial supply or during the next financial year (if it is
longer than 12 months).
(10) The estimated contract price for services shall be
determined:
1) for insurance services - as the total sum of the insurance
premium payable and other forms of remuneration;
2) for banking and other financial services - as the total sum
of the fee for services, commission, interest to be paid and
other forms of remuneration;
3) for public 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.
(11) If the total contract price is not indicated for public
service contracts, the estimated contract price shall be
determined as follows:
1) for fixed-term procurement contracts of 48 months or less -
as the total contract price for the term of the procurement
contract;
2) for procurement contracts without a fixed term or the
procurement contracts the term of which exceeds 48 months - as
the estimated monthly payment multiplied by 48.
(12) The estimated contract price in case of a framework
agreement and for the dynamic purchasing system shall be the
total contract price of the procurement contracts envisaged
during the term of the framework agreement or the dynamic
purchasing system.
(13) The estimated contract price in case of an innovation
partnership procedure shall be the maximum estimated value of all
research and development activities during all stages of the
procedure and the estimated maximum contract price of all
supplies, services, or construction work intended to be developed
during the procedure and subsequently purchased.
(14) If the design contest is planned as a part of the
procurement procedure resulting in the award of the public
service contract, the estimated contract price shall be
determined, taking into account the total amount of the prizes or
payments and the estimated contract price of the public service
contract to be concluded.
[26 April 2018; 14 February 2019]
Section 12. Thresholds of Contract
Prices
The thresholds of the contract prices referred to in Section
5, Section 6, Paragraph one, Clauses 1 and 2, Section 8,
Paragraph eleven, Section 33, Section 34, Paragraphs two and
three, Section 35, Paragraph four, Section 47, Paragraph three,
Section 48, Paragraph three, Section 55, Paragraph one, Section
60, Paragraph ten, Section 61, Paragraph five, Clause 1, Section
68, Paragraph two, Clause 3, Section 73, Paragraph three, Clause
2, Sub-clause "a", Section 74, Paragraph one, Clauses 2, 5, and 6
and Paragraph two, Clause 2 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 authority. 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.
[26 April 2018]
Section 13. General Conditions in
Relation to an Economic Operator
(1) The contracting authority shall not reject a candidate, a
tenderer or a participant of a design contest if it does not have
the specific legal status in accordance with the laws and
regulations of Latvia, however, it is entitled to perform
construction work, supply products or provide services in
accordance with the laws and regulations of the European Union
Member State where it has been founded.
(2) The contracting authority shall request only such
information or documents from the candidate, the tenderer or the
participant of a design contest, which are necessary for the
verification of the conformity of the qualification and tenders,
and also for the selection of a tender in accordance with the
determined tender evaluation criteria.
(3) If a public works or public service contract is being
concluded or if a public supply contract also includes the
services or the process of building-in and installation of a
product, the contracting authority may request that the legal
persons indicate in the application or the tender the name,
surname, and professional qualification of employees responsible
for the performance of the procurement contract.
(4) Economic operator associations may submit tenders or apply
as candidates. The contracting authority is not entitled to set a
requirement for these associations to get organised in a specific
legal status for them to be able to submit a tender as a tenderer
or an application in the procurement procedure as a
candidate.
(5) The contracting authority may specify in the procurement
procedure documents how the economic operator associations are to
meet the requirements with respect to the economic and financial
standing or technical and professional ability. The requirements
must be commensurate, and they shall be determined on the basis
of objective reasons.
(6) The contracting authority may determine different,
commensurate, and objectively justified conditions for the
economic operator associations with respect to the performance of
the procurement contract. The contracting authority may request
that the association with respect to which the decision is taken
to award the procurement 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 provisions of the procurement
contract.
Section 14. Protection of
Information
(1) The contracting authority may prescribe the conditions for
the protection of such information which it has transferred to
economic operators together with technical specifications, and
also during the procurement procedure.
(2) When notifying of the conclusion of a procurement contract
and informing the candidates and tenderers, the contracting
authority is not entitled to reveal information which has been
transferred thereto by other candidates and tenderers as a
commercial secret or confidential information.
Section 15. Conditions in Relation
to the Agreement on Government Procurement of the World Trade
Organisation and Other International Agreements
The contracting authority, insofar as it is prescribed by the
Agreement on Government Procurement of the World Trade
Organisation and other international agreements binding on the
European Union, shall apply at least as favourable conditions to
the construction work, supplies, services, and economic operators
of the abovementioned contracting parties as those applied to the
European Union construction work, supplies, services and economic
operators.
[26 April 2018]
Section 16. Privileged Contracts
(1) If the subject-matter of an intended procurement contract
allows, the contracting authority is entitled, within the scope
of the measures intended for certain groups of persons, to
reserve the possibility to participate in procurement procedures
only for those candidates or tenderers, where more than 30 per
cent of the average number of employees per year are persons with
disabilities.
(2) If the procurement contract is concluded for the services
of the health, social and culture field referred to in Annex 2 to
this Law covered by CPV codes 75121000-0, 75122000-7, 75123000-4,
79622000-0, 79624000-4, 79625000-1, 80110000-8, 80300000-7,
80420000-4, 80430000-7, 80511000-9, 80520000-5, 80590000-6, from
85000000-9 to 85323000-9, 92500000-6, 92600000-7, 98133000-4,
98133110-8, the contracting authority is entitled to reserve the
possibility to participate in the procurement procedure and the
procurement in accordance with the procedures laid down in
Section 10 of this Law only for those candidates or tenderers who
have been granted the status of a social enterprise and who
provide the services in the referred to field, and to whom, for
the last three years from the day when the decision on awarding
of the procurement contract would be potentially taken, the
contracting authority has not awarded the procurement contract
for the services referred to in this Section and under the
procedures laid down in this Section. The term of such
procurement shall not exceed three years.
(3) When applying Paragraph one of this Section, the
contracting authority shall make a reference thereto in the
contract notice. When applying Paragraph two of this Section, the
contracting authority shall make a reference thereto in the
contract notice or in the notice on social and other specific
services.
[26 April 2018]
Section 17. Procurements by Central
Purchasing Bodies and Joint Procurements by Contracting
Authorities
(1) The central purchasing body may purchase products and
services, and also carry out procurements in order to conclude
procurement contracts and framework agreements for the needs of
other contracting authorities and public service providers,
including contracting authorities and public service providers of
other countries. In such case, the central purchasing body shall
apply the requirements laid down in this Law. The central
purchasing body may maintain an electronic information system for
the receipt of applications and tenders, and also provide
consultations to the contracting authorities and economic
operators regarding the use of such system.
(2) The contracting authority may purchase products and
services from the central purchasing body or receive construction
work, supplies, and services through the intermediation
thereof.
(3) If the contracting authority purchases products and
services from the central purchasing body or receives
construction work, supplies, and services through the
intermediation thereof, it shall be considered that it has
applied the requirements of this Law if the central purchasing
body, upon carrying out the procurement, has applied the
requirements of this Law.
(4) The contracting authority may purchase products and
services from the central purchasing body located in another
European Union Member State, or receive construction work,
supplies, and services through the intermediation of such body,
if it, upon carrying out the procurement for the needs of the
contracting authority, applies the requirements of such laws and
regulations which conform to the European Union law in the field
of public procurement. In such case, it shall be considered that
the contracting authority has complied with the requirements of
this Law.
(5) Several contracting authorities from different European
Union Member States may jointly award the procurement contract,
conclude a framework agreement, or use the dynamic purchasing
system. If the provisions for such cooperation are not
incorporated in the international agreement concluded between the
European Union Member States, the contracting authorities
concerned shall conclude the agreement providing for the rights
and obligations of the parties, stating the relevant national law
applicable to the liabilities, and also the provisions for
organisation of the procurement and conclusion of the procurement
contract. The rights and obligations of the contracting
authorities shall also be specified in the relevant procurement
or procurement procedure documents.
(6) If several contracting authorities from different European
Union Member States have set up a joint entity, including
European Grouping of Territorial Cooperation or another entity in
accordance with the European Union legal acts, the contracting
authorities involved shall, by a decision of the competent body
of the joint entity, agree whether to apply the public
procurement rules of the Member State where the joint entity has
its registered address or where the joint entity is carrying out
its activities.
(7) Institutions of direct administration have a duty to
purchase products and services from the central purchasing body
determined by the Cabinet or through its intermediation, if the
relevant products or services are in the groups of products and
services determined by the Cabinet and their contract price
within a 12-month period in the relevant group of products or
services is EUR 1000 or more. This condition shall not apply to
the case referred to in Paragraph ten of this Section.
(8) Local governments and local government institutions have a
duty to purchase products and services from the central
purchasing body or through the intermediation thereof, if the
relevant products or services are in the groups of products and
services determined by the Cabinet and their contract price
within a 12-month period in the relevant group of products or
services is EUR 10 000 or more.
(9) The duty specified in Paragraph eight of this Section is
fulfilled if the relevant products and services are purchased in
any of the following ways:
1) from the central purchasing body determined by the Cabinet
or through the intermediation thereof;
2) from the central purchasing body established by one or
several local governments or through the intermediation thereof,
if the relevant central purchasing body ensures procurements of
the relevant products and services for the local government and
all institutions thereof.
(10) A local government and a local government institution in
the case referred to in Paragraph eight of this Section and an
institution of direct administration in the case referred to in
Paragraph seven of this Section have the right not to purchase
the relevant products and services from the central purchasing
body stipulated by the Cabinet or through the intermediation
thereof in any of the following cases:
1) it is not possible to purchase from the central purchasing
body or through the intermediation thereof the product or service
corresponding to the needs of the institution of direct
administration or local government institution, or the local
government in accordance with the technical specifications
published by the central purchasing body;
2) an institution of direct administration or local government
institution, or the local government may ensure purchase of the
products or services for a lower price. In such case it shall,
within one working day before the conclusion of the procurement
contract, fix the contract price offered by a central purchasing
body for the relevant products and services, printing out the
information on the price of the relevant products and services
from the information system maintained by the central purchasing
body, or requesting such information from the central purchasing
body, if the information system does not ensure the relevant
printouts.
(11) The contracting authorities may agree to perform certain
specific procurements jointly. Where the joint procurement is
organised in the name and on behalf of all contracting
authorities, even though the procurement is carried out by only
one contracting authority, the contracting authorities concerned
shall be jointly responsible for complying with the requirements
of this Law. The contracting authorities shall be jointly
responsible only for those lots of the procurement which are
intended for the needs of all contracting authorities
concerned.
(12) The Cabinet shall determine:
1) the groups of products and services referred to in
Paragraphs seven and eight of this Section;
2) the central purchasing bodies referred to in Paragraph
seven and Paragraph nine, Clause 1 of this Section and the
conditions for the use of the services provided thereby.
Chapter
II
Preparation for the Procurement, Preparation of the Procurement
Procedure Documents and Technical Specifications
Section 18. Informing of the Planned
Procurements and Procurement Procedures, Consultation with
Economic Operators, and Prior Involvement of Candidates and
Tenderers
(1) The contracting authority shall, within one month from the
day of approval of the annual budget, publish in the State
electronic information system intended for the receipt of tenders
and applications the information on the planned procurements and
procurement procedures to be carried out in accordance with the
procedures laid down in Section 8, Paragraph two, Section 9 and
10 of this Law, specifying at least the contracting authority,
planned subject-matter of the procurement and the link to the
buyer profile, where the procurement procedure documentation will
be available, the planned procedures for conducting the
procurement, the planned CPV code, the type of the procurement
contract, the planned year and quarter or month of announcement
of the procurement, and the date of data updates. The contracting
authority shall update the information as necessary.
(2) Before launching a procurement procedure, the contracting
authority may conduct consultations with the economic operators
with a view to prepare the procurement and inform the economic
operators of the procurement plan and requirements. The
contracting authority shall announce the consultation on its
website, specifying the issues to be discussed, the time and
place of the consultation, the manner how economic operators can
apply for participation in the consultation, the requirements
with respect to documenting the consultation and publishing such
documentation.
(3) The contracting authority may receive advice from
independent experts or authorities, or from economic operators.
The abovementioned advice may be used in the planning and
preparation of the procurement, provided that it does not
restrict competition and does not violate the principles of equal
treatment and transparency.
(4) If the candidate or tenderer, or a legal person connected
with the candidate or tenderer consulted the contracting
authority or otherwise engaged in the preparation of the
procurement, the contracting authority shall ensure that the
participation of the relevant candidate or tenderer does not give
rise to the restriction of competition in the procurement,
communicating to other candidates and tenderers the relevant
information which has been provided when the candidate or the
tenderer engaged in the preparation of the procurement or which
arises out of such engagement, and setting a corresponding term
for the submission of, respectively, applications or the
tenders.
[26 April 2018]
Section 19. Green Public
Procurement
(1) The contracting authority, when preparing the procurement,
shall take into account the requirements laid down in accordance
with Paragraph two of this Section. If such requirements are not
laid down, the contracting authority shall give preference to
such requirements of technical specifications, tender evaluation
criteria, and conditions for the performance of the procurement
contract which ensure the conformity of the procurement to the
green public procurement principles, taking into account the
principle of commensurability and based on objective reasons.
(2) The Cabinet shall determine the green public procurement
principles, the requirements and the procedures for application
thereof, the groups of products, the services and construction
work subject to the requirements of green public procurement, the
tender evaluation criteria, the conditions for the performance of
the procurement contract, and the procedures for the control
thereof.
(3) The contracting authority is entitled not to apply the
provisions of Section 9 of this Law, if the procurement contract
on supply of food products is concluded, the estimated contract
price thereof is less than EUR 42 000 and the green public
procurement requirements stipulated by the Cabinet with respect
to the supplies of food products are complied with.
Section 20. Technical
Specifications
(1) Technical specifications shall be included in the
procurement procedure documents and shall prescribe the
requirements for construction work, services, or supplies.
Technical specifications shall ensure equal opportunities to all
tenderers and shall not create unjustified restrictions for the
competition in the procurement.
(2) The requirements of the contracting authority may refer to
a special production or provision process or a method of the
requested construction work, services, or supplies, or a special
process in another stage of their life cycle even if such factors
are not directly related to the nature of the construction work,
services, or supplies, provided that they are related to the
subject-matter of the procurement contract and are commensurate
to the value and purposes of the procurement contract.
(3) Technical specifications for public works contracts is a
summary of technical descriptions which determines the
requirements of the contracting authority in relation to
materials, products, technical equipment, or supplies and which
characterise materials, products, technical equipment or supplies
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 relation to
availability to persons with disabilities), the requirements for
conformity assessment and implementation, safety rules, quality
assurance system, terminology, measurements, symbols, testing
rules and methods, packaging, labelling, production processes and
methods in all stages of a life cycle of the construction work.
Technical specifications shall also include the rules regarding
work completion tests and work acceptance, the requirements in
relation to methods and technology for performance of
construction work, the rules regarding the building design and
determining the price, 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. The scope of construction work shall be
determined according to the building design and shall be included
in the list of the scope of construction work. The procedures for
the determination of construction costs for a public works
contract shall be determined by the Cabinet.
(4) Technical specifications shall prescribe the requirements
set for the supplies and services necessary for the public supply
and service contracts. The purpose, methods, and resources to be
used (if necessary), and also the end result of services shall be
additionally determined for a public works contract. Technical
specifications for public supply and service contracts shall
additionally contain technical descriptions which include such
requirements of the contracting authority in relation to the
product or service as the level of quality, the environmental
protection requirements, the rules regarding climate change
reduction (reduction of emissions of greenhouse gasses) and
climate change adaptation, energy efficiency, construction
requirements (also requirements in relation to availability of a
product or service to persons with disabilities), the performance
requirements, the methodology for service provision, the
requirements for product use, the safety rules, measurements,
terminology, symbols, testing rules and methods, the requirements
in relation to the product name under which it is sold, the
packaging and labelling, user manuals, production process and
methods at any stage of a life cycle of a product or service, and
also the conformity assessment methods.
(5) Technical specifications shall be prepared in one of the
following ways:
1) by determining the functional requirements or performance
results, including also environmental protection requirements.
The requirements shall be precisely defined for the tenderer to
be able to determine the subject-matter of the contract, and for
the contracting authority to be able to compare tenders;
2) with reference to the technical specifications referred to
in Paragraphs three and four of this Section and to the standards
in the following sequence: the European standards adapted in the
status of a Latvian national standard, European technical
assessments, common technical specifications, other international
standards, and also other technical reference systems established
by the European standardisation institutions, or if the
abovementioned standards do not exist, in the following sequence:
the Latvian national standards, the national technical approvals
or the national technical specifications with respect to
designing, cost estimation and performance, and the use of the
products. Each reference shall include the words "or
equivalent";
3) by determining the functional requirements or performance
results in accordance with Clause 1 of this Paragraph and with
reference to the specifications in accordance with Clause 2 of
this Paragraph in order to ensure the conformity to the
functional or performance requirements;
4) with reference to the specifications in accordance with
Clause 2 of this Paragraph, but specifying other requirements as
functional requirements or performance requirements in accordance
with Clause 1 of this Paragraph.
(6) If it is not decisive for the existence of the
subject-matter of the procurement contract, the technical
specifications shall not specify a specific origin, special
process characterising the products or services of only a
specific economic operator, brand, patents or specific types of
products creating advantages or a reason for the rejection of
certain economic operators or products. Such reference may be
included in exceptional cases if it is not possible to prepare a
sufficiently precise and clear description of the subject-matter
of the procurement contract in accordance with Paragraph five of
this Section. In such case the reference shall be used together
with the words "or equivalent".
(7) If the contracting authority prepares the technical
specification in accordance with Paragraph five, Clause 2 of this
Section, it shall not reject a tender because the offered product
or services do not conform to the standards or technical
specifications specified in the reference, if the tenderer, by
any appropriate means, inter alia, evidence referred to in
Section 22 of this Law, can prove that the tender is equivalent
and meets the requirements of the contracting authority indicated
in the technical specification.
(8) If the contracting authority determines the environmental
protection requirements as the functional requirements or
performance requirements in accordance with Paragraph five,
Clause 1 of this Section, it shall not reject the tenders
corresponding to the European standards adapted in the status of
a Latvian national standard, European technical assessments,
common technical specifications, other international standards,
other technical reference systems established by the European
standardisation institutions, if such standards, technical
specifications or reference systems prescribe the same functional
requirements or performance requirements as those stipulated by
the contracting authority, and if the tenderer, by any
appropriate means, inter alia, evidence referred to in Section 22
of this Law, can prove that the construction work, supplies, or
services corresponding to the standard conform to the functional
requirements or performance requirements stipulated by the
contracting authority.
(9) For procurements the result whereof is intended for use by
natural persons, including the staff of the contracting
authority, the technical specifications shall be drawn up so as
to take into account accessibility of the procurement results for
persons with disabilities or the principles of universal design,
except for when the contracting authority duly justifies the
non-inclusion of such requirements in the technical
specifications. If the European Union legal acts confirm the
mandatory access requirements, the technical specifications shall
contain a reference to such standards, insofar as they require to
ensure access to persons with disabilities or to observe the
principles of universal design.
(10) The technical specifications may also specify the
conditions for the transfer of intellectual property rights to
the contracting authority.
Section 21. Labels
(1) If the contracting authority intends to purchase
construction work, products, or services meeting specific
environmental protection, social or other special requirements,
it may, in the technical specifications, the tender evaluation
criteria, or the conditions for the performance of the
procurement contract require a special label as means of proof
that the construction work, services, or supplies correspond to
the specified requirements, provided that all of the following
conditions are fulfilled:
1) the label requirements only concern criteria which are
linked to the subject-matter of the procurement contract and are
appropriate to define characteristic features of the construction
work, supplies, or services that are the subject-matter of the
procurement contract;
2) the label requirements are prepared based on objectively
verifiable and non-discriminatory criteria;
3) the labels are established in an open and transparent
procedures in which all relevant stakeholders, including State
authorities, consumers, social partners, producers, distributors
and non-governmental organisations, may participate;
4) the labels are accessible to all stakeholders;
5) the label requirements are set by a person over which the
economic operator applying for the label cannot exercise a
decisive influence.
(2) If a label fulfils the conditions provided for in
Paragraph one, Clauses 2, 3, 4, and 5 of this Section, but also
contains information on the requirements not linked to the
subject-matter of the procurement contract, the contracting
authority shall not require the conformity to all label
requirements, but shall refer the detailed specifications of the
relevant label or the parts thereof that are linked to the
subject-matter of the procurement contract and are appropriate to
define the characteristic features of the subject-matter of the
procurement contract.
(3) The contracting authority shall specify which label
requirements must be met, if the conformity of the construction
work, supplies, or services to all of the label requirements is
not required. The contracting authority shall accept equivalent
labels confirming that the construction work, supplies, or
services meet the label specified by the contracting
authority.
(4) If the economic operator had no possibility of obtaining
the label indicated by the contracting authority or an equivalent
label by the day of submission of the tender for reasons that are
not attributable to the economic operator, the contracting
authority shall accept other appropriate means of proof, inter
alia, a technical dossier from the producer, proving that the
construction work, supplies, or services fulfil the requirements
of the label indicated by the contracting authority.
[26 April 2018]
Section 22. Test Reports,
Specifications and Other Means of Proof
(1) The contracting authority may require that economic
operator submits a test report and statements or certificates of
the conformity assessment body accredited in accordance with the
procedures laid down in Regulation (EC) No 765/2008 of the
European Parliament and of the Council of 9 July 2008 setting out
the requirements for accreditation and market surveillance
relating to the marketing of products and repealing Regulation
(EEC) No 339/93 and thus proves the conformity to the
requirements or criteria set out in the technical specification,
tender evaluation criteria or the procurement contract
performance conditions. If the contracting authority requires the
submission of certificates drawn up by a specific conformity
assessment body, certificates from other equivalent conformity
assessment bodies shall also be accepted by the contracting
authority.
(2) The contracting authority shall accept other appropriate
means of proof, inter alia, a technical dossier of the producer,
if the economic operator had no possibility of obtaining the
certificates or test reports referred to in Paragraph one of this
Section, or no possibility of obtaining them by the expiry of the
term for submission of tenders, provided that it is not
attributable to the economic operator and provided that the
economic operator proves that the construction work, supplies, or
services meet the requirements or criteria set out in the
technical specification, tender evaluation criteria or conditions
for the performance of the procurement contract.
Section 23. Variants of Tenders
(1) The contracting authority may provide for a possibility to
submit variants of tenders. The contracting authority shall
indicate in the contract notice whether or not the submission of
variants of tenders is mandatory or permissible. It shall not be
permitted to submit variants without such indication.
(2) The contracting authority shall state in the procurement
procedure documents the minimum requirements to be met by the
variants and any specific requirements for submission of
variants, specifying whether variants may be submitted only where
a tender which is not a variant has also been submitted. The
contracting authority shall ensure that the tender evaluation
criteria can be applied to the tender with variants, and also to
conforming tenders which do not include variants. Variants shall
be mandatory linked to the subject-matter of the procurement
contract.
(3) Only the variants of tenders meeting the minimum
requirements stipulated by the contracting authority shall be
taken into consideration.
(4) If within the procurement procedures it is intended to
award public supply or public service contract and the
contracting authority has authorised the submission of variants
of tenders, it shall not reject a variant of tender on the sole
ground that it would, where successful, lead to either a public
service contract rather than a public supply contract or a public
supply contract rather than a public service contract.
[26 April 2018]
Chapter
III
Procurement Commission
Section 24. Establishment of the
Procurement Commission
(1) The contracting authority shall establish a procurement
commission for the performance of the procurement procedures
referred to in Section 8, Paragraph one, Clauses 1, 2, 3, 4, 5,
and 6 of this Law and for the performance of the procurement
referred to in Sections 9 and 10 of this Law. The commission
shall consist of persons on whom administrative sanction - a
prohibition to exercise the rights - the prohibition to hold the
offices whose duties include taking of decisions in the field of
public procurements and public-private partnership or the award
of procurements contracts, framework agreements, partnership
procurement contracts, or concession contracts, has not been
imposed for violations in the area of public procurement and
public-private partnership, or the enforcement of such sanction
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, or as a
permanently functioning body. When establishing the procurement
commission, the contracting authority shall ensure that this
commission is competent in the field where the procurement
contract is being awarded. The procurement commission is entitled
to invite experts, when performing its duties.
(3) The contracting authority shall establish a procurement
commission in the composition of at least three members. If the
estimated contract price of a procurement exceeds EUR 1 000 000,
the contracting authority shall establish a procurement
commission in the composition of at least five members.
[5 December 2019 / The new wording of Paragraph one
shall come into force on 1 July 2020. See Paragraph 15 of
Transitional Provisions]
Section 25. Basic Operating
Principles of the Procurement Commission
(1) A person preparing the procurement procedure documents
(official or employee of the contracting authority), members of
the procurement commission and experts may not represent the
interests of a candidate or tenderer, and also may not be
connected to the candidate or tenderer. Within the meaning of
this Paragraph, a person preparing the procurement procedure
documents (official or employee of the contracting authority), a
member of the procurement commission and an expert is connected
to a candidate or tenderer if he or she is:
1) the current or former employee, official, shareholder,
stockholder, 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, shareholder,
proctor, or official of a legal person - candidate, tenderer, or
subcontractor;
3) the relative of a natural person - candidate, tenderer, or
subcontractor.
(2) Connection of a person preparing the procurement procedure
documents (official or employee of the contracting authority),
members 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 whose members
are natural or legal persons with whom the person preparing the
procurement procedure documents (official or employee of the
contracting authority) or the member of the commission, or the
expert has the connection referred to in Paragraph one, Clause 1,
2, or 3 of this Section.
(3) A person preparing the procurement procedure documents
(official or employee of the contracting authority), members of
the procurement commission and experts shall sign a certification
that there are no such circumstances due to which it might be
regarded that they are interested in selecting or activities of a
particular candidate or tenderer or that they are connected to
them within the meaning of Paragraph one of this Section.
(4) The procurement commission shall ensure the drafting of
procurement procedure documents, procurement documents referred
to in Sections 9 and 10 of this Law, shall record the progress of
the procurement process and shall be responsible for the
procurement process.
(5) The procurement commission shall select candidates and
evaluate tenderers and the tenders submitted by them in
accordance with this Law, the procurement procedure documents,
procurement documents referred to in Sections 9 and 10 of this
Law, and also other laws and regulations. The decision of the
procurement commission shall be binding on the contracting
authority if a procurement contract 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 the commission meetings, convene and
chair the commission meetings, and also shall ensure signing of
the certifications referred to in Paragraph three of this
Section.
[26 April 2018]
Section 26. Procedures for the
Taking of 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 number of the
members of the commission shall be determined by rounding up the
obtained result. 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) Each member of the procurement commission shall evaluate
the tender individually according to all evaluation criteria
indicated in the procurement procedure documents, except for
where only the price is used for the comparison and evaluation of
the tenders. The tender which upon summarisation of individual
evaluations has achieved the highest score shall be recognised as
the most economically advantageous tender.
Chapter
IV
Announcement and Observance of Transparency
Section 27. Prior Information
Notice
The contracting authority may inform of the planned
procurements through the publication of a prior information
notice.
Section 28. Contract Notice,
Modification or Additional Information Notice
(1) If a contracting authority applies open or restricted
procedure, competitive procedure with negotiation, innovation
partnership procedure, competitive dialogue or plans to establish
a dynamic purchasing system, it shall publish a contract
notice.
(2) If the contracting authority introduces amendments to
procurement procedure documents or in the documents of the
procurement to be carried out in accordance with the procedures
laid down in Section 10, or extends the terms for the submission
of applications and tenders, it shall publish a modification or
additional information notice.
Section 29. Contract Award
Notice
(1) The contracting authority, within 10 working days after
conclusion of a procurement contract or of a framework agreement
or taking a decision to terminate or suspend the procurement
procedure or not to establish a dynamic purchasing system, shall
submit for publishing the contract award notice. The contracting
authority may group contract award notices for procurement
contracts being concluded based on the framework agreement on a
quarterly basis and submit them for publishing within 10 working
days of the end of each quarter.
(2) If the contracting authority takes a decision within the
scope of the dynamic purchasing system, it shall submit the
contract award notice with respect to each procurement contract
for publishing within 10 working days following the taking of
decision. This condition may be waived, if the contracting
authority groups the contract award notices on a quarterly basis
and submits them for publishing within 10 working days of the end
of each quarter.
Section 30. Voluntary Notice on the
Procurement Results
(1) The contracting authority may submit a voluntary notice on
the procurement results in the cases referred to in Section 3, 4,
or 5 of this Law, or in case of a negotiated procedure.
(2) A voluntary notice on the procurement results shall be
published so that the stakeholders could contest the
justification of such procurement which, because of an error by
the contracting authority, has been performed without applying a
corresponding procurement procedure and without publishing a
contract notice, and in order to concurrently eliminate the
consequences referred to in Section 75 of this Law.
[26 April 2018]
Section 31. Design Contest Notice
and Notice on the Results of the Design Contest
(1) The contracting authority wishing to organise a design
contest shall publish a design contest notice.
(2) The contracting authority shall, within 10 working days
after notifying the participants of the design contest, submit
the notice on the results of the design contest for
publishing.
Section 32. Notice on Social and
Other Specific Services
(1) The contracting authority wishing to organise a
procurement in accordance with the procedures laid down in
Section 10 of this Law shall publish a notice on social and other
specific services. The contracting authority shall set the term
for submission of applications of not less than five working days
following the day when the notice on social and other specific
services has been published on the website of the Procurement
Monitoring Bureau. The contracting authority shall set the term
for submission of tenders of not less than five working days
following the day when the notice on social and other specific
services has been published on the website of the Procurement
Monitoring Bureau or when the invitation to tender has been sent
to the selected candidates, if the selection of candidates is
provided for.
(2) The contracting authority within 10 working days following
the conclusion of a public service contract or taking of the
decision to terminate or suspend the procurement shall submit for
publishing the notice on social and other specific services.
(3) The contracting authority is entitled not to publish the
notice referred to in Paragraph one of this Section, if the
procurement complies with any of the cases referred to in Section
8, Paragraph seven of this Law.
[26 April 2018]
Section 33. Notice on Changes During
the Term of the Contract
The contracting authority who has made the amendments referred
to in Section 61, Paragraph three, Clauses 2 and 3 of this Law to
the procurement contract whose contract price is equal to or
exceeds the contract price thresholds specified by the Cabinet,
shall, within 10 working days following the day of entering into
effect of the amendments, publish a notice on changes during the
term of the contract.
Section 34. Publication of
Notices
(1) The Cabinet shall determine the content of and procedures
for the preparation of the notices referred to in Section 27 and
28, Section 29, Paragraph one, Sections 30, 31, 32, and 33 of
this Law. A sample notice form shall be determined by the
Commission Implementing Regulation (EU) 2015/1986 of 11 November
2015 establishing standard forms for the publication of notices
in the field of public procurement and repealing Implementing
Regulation (EU) No 842/2011.
(2) The contracting authority shall prepare the notice
referred to in Paragraph one of this Section and submit it to the
publication management system. The Procurement Monitoring Bureau
shall, within three working days following the receipt of the
notice referred to in Paragraph one of this Section, verify the
conformity of its content to the requirements of this Law, and
publish it on the website of the Procurement Monitoring Bureau,
provided that the estimated contract price is less than the
contract price thresholds specified by the Cabinet.
(3) If the estimated contract price is equal to or exceeds the
contract price thresholds specified by the Cabinet, or in case of
a procurement referred to in Section 10 of this Law EUR 750 000
or more, the Procurement Monitoring Bureau shall, within three
working days following the receipt of the notice referred to in
Paragraph one of this Section, verify the conformity of its
content with the requirements of this Law and send the notice to
the Publications Office of the European Union for publication in
the Official Journal of the European Union. The Procurement
Monitoring Bureau shall publish the notice on its website
following the receipt of the confirmation that the notice has
been published in the Official Journal of the European Union, or
within 48 hours following the receipt of confirmation from the
Publications Office of the European Union that the notice has
been received.
(4) When announcing the procurement results, the contracting
authority is entitled to withhold certain information from
publication in the notice, where its release would impede the
application of laws and regulations or be contrary to the public
interest, or would restrict competition among economic operators,
or would harm the legitimate commercial interests (public or
private) of economic operators.
Section 35. Terms for Submission of
Applications or Tenders
(1) The contracting authority, when determining the terms for
submission of applications or tenders, shall take into account
the level of complexity of the potential procurement contract and
the time period which is necessary for the preparation of
tenders, and also the minimum terms for submission of
applications and tenders stipulated by the Cabinet.
(2) The contracting authority shall determine a longer term
for submission of tenders than the minimum term for submissions
stipulated by the Cabinet, if the tender can be prepared only
after a visit to the site of the performance of the procurement
contract specified by the contracting authority or after becoming
acquainted with the additional documents specified in the
procurement procedure documents on the site stipulated by the
contracting authority. The term for submission of the tenders
shall be fixed so that the economic operators or candidates would
have the possibility to become acquainted with all the
information needed to prepare tenders.
(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. If the amendments have been made to
the procurement procedure documents, the term for submission of
tenders shall be extended according to the relevance of
information or changes so that the economic operators or
candidates would be able to get acquainted with all the
information needed to prepare tenders, and taking into account
the minimum terms for submission of applications and tenders
stipulated by the Cabinet.
(4) The contracting authority is entitled to extend the
specified terms for the submission of applications and tenders by
publishing a modification or additional information notice. If
the estimated contract price for a procurement contract is equal
to or exceeds the contract price thresholds determined by the
Cabinet, the minimum time period by which the contracting
authority is entitled to extend the term for submission of
applications or tenders shall be seven days. Such extension of
terms shall not be considered amendments to the procurement
procedure documents within the meaning of Paragraph three of this
Section.
[26 April 2018]
Section 36. Access to Procurement
Procedure Documents, Issuance Thereof and Provision of Additional
Information
(1) The contracting authority shall ensure free and direct
electronic access to the procurement procedure documents and all
additionally required documents in the buyer profile, and also a
possibility for economic operators to become acquainted on site
with the additional procurement documents to which free and
direct electronic access cannot be ensured due to technical
reasons or due to the information included therein, or for the
purpose of protection of commercial interests, starting from the
moment of the announcement of the relevant procurement. If the
economic operator requests to issue the procurement procedure
documents in printed form, the contracting authority shall issue
them within three working days after receipt of the request for
these documents, provided that the request for documents has been
submitted in due time prior to the expiry of the term for
submission of tenders. The contracting authority may charge a fee
for the issue of the procurement procedure documents in printed
form which shall not exceed the actual expenses of reproduction
and sending of the documents.
(2) If the economic operator or the candidate has timely
requested additional information on the requirements contained in
the procurement procedure documents, the contracting authority
shall provide it within five working days, but not later than six
days before the expiry of the term for submission of applications
and tenders. If the contracting authority, due to urgency
considerations, has shortened the term for submission of tenders
in an open procedure or the term for submission of applications
and tenders in a restricted procedure or competitive procedure
with negotiation, the contracting authority shall provide
additional information within three working days, but not later
than four days before the expiry of the term for submission of
applications and tenders.
(3) The contracting authority shall send additional
information to the economic operator or the candidate who has
asked the question, and shall concurrently insert this
information on the buyer profile where the procurement procedure
documents are available, indicating also the question asked.
(4) If the contracting authority has made amendments to the
procurement procedure documents, it shall insert information on
the amendments on the buyer profile, where these documents are
available, not later than within one day after the modification
or additional information notice has been submitted for
publication to the Procurement Monitoring Bureau.
[26 April 2018]
Section 37. Procedures by which
Candidates and Tenderers shall be Informed of Results
(1) The contracting authority shall, within three working days
after taking the decision, concurrently inform all candidates of
the decision taken in relation to the results of candidate
selection or of inclusion in the dynamic purchasing system (the
rejected tenderer shall also be notified of the reasons for
rejecting the tender submitted by it), or design contest
participants of the decision taken in relation to the results of
the design contest. The contracting authority shall notify all
candidates or design contest participants of the term during
which the person, taking into account Section 68, Paragraph two,
Clause 1 and 2 of this Law, may submit a complaint to the
Procurement Monitoring Bureau regarding infringements of the
procurement procedure.
(2) The contracting authority shall, within three working days
after taking the decision, concurrently inform all tenderers of
the decision taken in relation to conclusion of a procurement
contract or a framework agreement. The contracting authority
shall notify the name of the selected tenderer or the names of
the selected participants of the framework agreement,
indicating:
1) to the rejected tenderer - the reasons for rejecting the
tender submitted by it, inter alia, by justifying the decision on
non-conformity to equivalence or the decision on non-conformity
of the relevant tender to the functional requirements or
performance requirements (where applicable);
2) to the tenderer which has submitted a conforming tender -
the characterisation and relative advantages of the selected
tender;
3) the time period within which the tenderer, taking into
account Section 68, Paragraph two, Clauses 1 and 2 of this Law,
may submit a complaint to the Procurement Monitoring Bureau
regarding infringements of the procurement procedure.
(3) If procurement procedure is terminated or suspended, or
the dynamic purchasing system is not established, the contracting
authority shall, within three working days after taking the
decision, concurrently inform all candidates or tenderers of all
reasons due to which the procurement procedure is terminated or
suspended, or the dynamic purchasing system is not established.
The contracting authority shall notify all candidates or
tenderers of the time period during which the person, taking into
account Section 68, Paragraph two, Clause 1 and 2 of this Law,
may submit a complaint to the Procurement Monitoring Bureau
regarding infringements of the procurement procedure.
(4) The contracting authority shall send information on the
results by post, fax or electronically, using secure electronic
signature or attaching a scanned document to the electronic mail
message, or shall deliver it in person. Within the meaning of
this Section, it shall be deemed that information has been
concurrently handed over to all candidates, tenderers, or design
contest participants, if information has been sent out or handed
over to them on the same day.
(5) Upon informing on the results, the contracting authority
shall keep evidence regarding the date and manner of sending or
handing over of information.
(6) The contracting authority is entitled not to reveal
information referred to in Paragraphs one and two of this
Section, if its release would impede the application of laws and
regulations or be contrary to the public interest, or would
restrict competition among economic operators, or would harm the
legitimate commercial interests of economic operators.
[26 April 2018]
Section 38. Exchange of
Information
(1) An exchange of information between the contracting
authority and economic operators shall take place by post, fax,
or electronically (in accordance with the conditions referred to
in Paragraphs three, four, six, and eight of this Section),
depending on the choice of the contracting authority.
(2) Verbal communication may be used for the exchange of
information which does not refer to procurement procedure
documents, applications, and tenders. The content of verbal
communication which could have an impact on the content of the
applications or tenders and on the assessment of the tenders
shall be documented as written or audio records.
(3) 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 operator to the
procurement. The contracting authority shall choose such method
of sending the documents referred to in this Law which ensures
that the addressee receives information as soon as possible. If
electronic means are used for the exchange of information, such
means shall be chosen which are publicly accessible and
compatible with generally used information and communication
technologies, thereby avoiding the possibility of discriminating
economic operators on these grounds.
(4) The exchange and storage of information shall be carried
out so as to protect all the data contained in tenders and
applications and that the contracting authority might examine the
content of tenders and applications only after the expiry of term
for submission of tenders or applications.
(5) The contracting authority shall not provide any
information on the existence of other tenders or applications
from the day of submission of tenders or applications until the
time of opening thereof. During the period of evaluation of
tenders and applications until the notification of results, the
contracting authority shall not provide information on the
evaluation process.
(6) The provisions of Section 39 of this Law shall be applied
to electronic equipment which is used for the receipt and sending
of tenders and applications.
(7) The contracting authority may, where necessary, request
that special equipment and technologies which are not generally
accessible are used for submission of the tenders, provided that
the contracting authority offers the following alternative means
of access:
1) offer unrestricted and full direct access free of charge by
electronic means to special equipment and technologies starting
from the day of publication of the contract notice. The contract
notice shall specify the website address where the relevant
technologies and equipment are accessible;
2) ensure that tenderers having no access to the relevant
technologies and equipment or no possibility to acquire them
within the relevant time limits (provided that the lack of access
is not attributable to the tenderer concerned) might access the
procurement procedure by exercising a temporary right of access
which is available online free of charge;
3) support an alternative data channel for electronic
submission of tenders.
(8) When submitting a tender or application electronically, a
candidate or economic operator is entitled to sign all documents
as one set with one secure electronic signature. If a tender or
application may be submitted electronically, a contracting
authority shall not be entitled to request that a candidate or
economic operator submit also a written tender or application in
addition to electronic tender or application.
Section 39. Requirements for the
Electronic Receipt of Applications and Tenders
(1) The contracting authority shall provide for the electronic
submission of tenders and applications in the procurements,
except for the cases stipulated by the Cabinet, when the
contracting authority does not have an obligation to use
electronic information systems for the receipt of applications or
tenders, or the constituent parts thereof. For the receipt of
applications and tenders the contracting authority shall choose
the electronic information systems which may be used free of
charge and are intended for the electronic receipt of tenders and
applications.
(2) Upon using electronic information systems by which tenders
and applications, and also plans and projects are received in the
procurements and procurement procedures, the following rules
shall be complied with:
1) all interested economic operators have access to the
information on specifications for the electronic submission,
encryption, and time-stamping of applications and tenders;
2) a system-integrated signature tool is used, ensuring the
validation of the identity of the signatory of electronic
document, or an electronic signature which conforms to the laws
and regulations regarding the status of electronic documents and
electronic signature;
3) the date and time when tenders and applications, and also
plans and projects are submitted may be precisely defined;
4) the contracting authority ensures that no-one has access to
information submitted prior to the end of the specified term;
5) only authorised persons may set or change the time for
opening the received documents;
6) during the different stages of the procurement or of the
procurement procedure access to the documents submitted, or to a
part thereof, shall be possible only after activities performed
simultaneously by authorised persons;
7) the submitted documents may be accessed only on a specific
date after activities performed simultaneously by authorised
persons;
8) the submitted and opened documents remain accessible only
to those authorised persons to whom such access has been
granted;
9) it is possible to discover that the prohibition referred to
in Clauses 4, 5, 6, 7, and 8 of this Paragraph have been
violated.
(3) The Cabinet shall determine the requirements and standards
for the systems which are used for submission of tenders and
applications.
[26 April 2018]
Section 40. Documentation of the
Procurement Procedure and Storage of the Procurement Procedure
Documents
(1) The contracting authority shall ensure the documentation
of each stage of the procurement procedure and the documentation
of the procurements referred to in Sections 9 and 10 of this Law,
and also shall document the procurement procedure taking place by
electronic means.
(2) A procurement procedure notice (hereinafter - the notice)
is a report reflecting the progress of the procurement procedure.
The notice shall be prepared and published on the buyer profile
regarding each procurement procedure after taking of a decision
on the procurement procedure results, taking into account the
procedures and content stipulated by the Cabinet.
(3) Minutes reflecting the progress of the procurement, the
notice, procurement procedure documents, except for the tenders
and applications, shall be generally accessible information.
(4) The contracting authority shall ensure the issuance of the
documents referred to in Paragraph three of this Section within
three working days after the day of receipt of the respective
request. The contracting authority shall not issue the minutes,
except for the minutes of the meeting of the opening of tenders,
while the evaluation of the applications or tenders takes
place.
(5) The contracting authority shall store all the originals of
the documents referred to in Paragraph three of this Section, and
also the originals of applications and tenders for 10 years after
the conclusion of the procurement contract, conclusion of the
framework agreement, or establishment of the dynamic purchasing
system.
Chapter V
Selection of Candidates and Tenderers and Selection of the
Tender
Section 41. General Conditions for
Selection of Candidates and Tenderers, Conformity Check and
Selection of Tenders
(1) The contracting authority shall select candidates and
tenderers in accordance with the qualification requirements laid
down in Sections 44, 45, 46, 47, and 48 of this Law, shall check
the conformity of tenders with the requirements specified in the
procurement procedure documents, and choose a tender or tenders
in accordance with the specified tender evaluation criteria.
(2) The contracting authority may specify the minimum
conformity level for the requirements referred to in Sections 45
and 46 of this Law. The scope of requirements, and also the
requested minimum level of capabilities for the performance of
the particular procurement contract shall be determined
commensurate to the subject-matter of the procurement contract.
Such requirements for the minimum level of conformity shall be
included in the contract notice, and also in the procurement
procedure documents.
(3) Statements and other documents issued by Latvian competent
authorities in the cases referred to in this Law shall be
accepted and recognised by the contracting authority if they have
been issued not earlier than one month prior to the day of
submission, but the statements and other documents issued by
foreign competent authorities 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, unless the issuer
of the statement or the document has specified a shorter term of
validity thereof.
(4) If the contracting authority obtains the necessary
information on the candidate or tenderer directly from the
competent authority, databases or other sources, the relevant
candidate or tenderer is entitled to submit a statement or
another document regarding the relevant fact, if the information
obtained by the contracting authority does not conform to the
actual situation.
(5) If the contracting authority has a reason to doubt the
authenticity of the document copy submitted, it shall request
that the candidate or tenderer present the original document or
submit a certified copy of the document.
(6) If the contracting authority establishes that the
information or a document contained in the application or the
tender or submitted by the candidate or tenderer is unclear or
incomplete, it shall request that the candidate or tenderer, or
the competent authority clarify or supplement the relevant
information or document or submits the missing document, ensuring
equal treatment of all candidates and tenderers. The contracting
authority shall determine the term for submission of the
necessary information or document commensurate with the time
necessary to prepare and submit such information or document.
(7) If the contracting authority in accordance with Paragraph
six of this Section has requested to clarify or supplement the
information contained in the application or tender or submitted
by the candidate or tenderer, but the candidate or tenderer has
failed to do it in accordance with the requirements stipulated by
the contracting authority, the contracting authority shall
evaluate the application or tender based on information at its
disposal.
(8) During the evaluation of the tenders, the contracting
authority is entitled to request that information contained in
the technical and financial tender be explained, and also the
samples of offered products are submitted, if any are necessary
for the product conformity assessment and the tenderer through
the documents available thereto cannot prove to the contracting
authority the conformity of the products. The contracting
authority shall not request to submit the samples of such
products which are to be adjusted or produced during the
performance of the procurement contract in accordance with the
requirements thereof, if such samples are not available to the
economic operator before the conclusion of the procurement
contract, and also the product samples the submission whereof
causes incommensurate expenses to the economic operator.
(9) During the evaluation of the tenders, the contracting
authority shall check whether the tender is free of arithmetic
errors. If the contracting authority detects such errors, it
shall correct such errors. The contracting authority shall notify
the tenderer whose errors have been corrected of the correction
of errors and the corrected sum of the tender. When evaluating
the financial tender, the contracting authority shall take
corrections into account.
(10) During the evaluation of the tenders, the contracting
authority is entitled to request that the tenderer submit a
certification that it has developed the tender independently.
(11) The contracting authority shall reject the tender of the
tenderer within an open or restricted procedure, if the contract
price offered by the tenderer exceeds any of the following
values:
1) the contract price specified by the contracting authority
in the procurement procedure documents, if it is set as the
tender conformity requirement;
2) 150 per cent of the estimated contract price specified in
the procurement procedure documents.
[20 September 2018]
Section 42. Provisions for the
Exclusion of Candidates and Tenderers
(1) The contracting authority shall exclude a candidate or
tenderer from participation in a procurement procedure in any of
the following cases:
1) a candidate, a tenderer, or a person who is a member of the
board or council, a person with representation rights or a
proctor of the candidate or tenderer, or a person who is
authorised to represent the candidate or tenderer in activities
related to a branch, has been found guilty of any of the
following criminal offences by such prosecutor's penal order or a
court judgment that has entered into effect and has become
incontestable and unappealable, or a coercive measure has been
applied thereto:
a) establishment or leading of a criminal organisation,
involvement in such organisation or in an organised group
included within such organisation, or in another criminal
formation, or participation in criminal offences committed by
such organisation;
b) accepting bribes, giving of bribes, misappropriation of a
bribe, intermediation in bribery, unlawful participation in
property transactions, unauthorised receipt of benefits,
commercial bribery, unlawful requesting, receiving and giving of
benefit, trading with influence;
c) fraud, misappropriation, or money laundering;
d) terrorism, financing of terrorism, establishment or
organisation of a terrorist group, travelling for terrorism
purposes, justification of terrorism, invitation to terrorism,
terrorism threats or recruitment or training of a person for the
commitment of acts of terrorism;
e) human trafficking;
f) evasion of tax payments or payments equivalent thereto;
2) it has been established that on the last day of the term
for submission of tenders in case of a tenderer and of
applications in case of a candidate, or on the day when the
decision is taken to possibly award the procurement contract,
they have tax debts in Latvia or in the country of registration
or permanent residence thereof, including the debts of mandatory
State social insurance contributions which exceed EUR 150 in
total in any country. As regards the tenderers registered and
permanently residing in Latvia, the contracting authority shall
take into account the information posted on the information
system stipulated by the Cabinet on the date of the last data
update of the public tax debtors' database and Administration
System of Immovable Property Tax of the State Revenue
Service;
3) 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;
4) a person preparing the procurement procedure documents (an
official or employee of the contracting authority), a member of
the procurement commission or an expert is connected to the
candidate or tenderer within the meaning of Section 25, Paragraph
one or two of this Law, or is interested in the selection of one
candidate or tenderer, and the contracting authority has no
possibility to prevent this situation by less restrictive
measures with respect to the candidate or tenderer;
5) a candidate or tenderer has advantages restricting the
competition within the procurement procedure, if it or a legal
person connected thereto has involved in preparation of the
procurement procedure in accordance with Section 18, Paragraph
four of this Law and such advantages cannot be prevented by less
restrictive measures, and the candidate or tenderer cannot prove
that the participation thereof or of the legal person connected
thereto in preparation of the procurement procedure does not
restrict the competition;
6) a candidate or tenderer, by such a decision of a competent
authority or a court judgment which has entered into effect and
has become incontestable and unappealable, has been found guilty
of infringement of competition law manifested as a horizontal
cartel agreement, except for the case when the relevant
authority, upon determining infringement of the competition law,
has released the candidate or tenderer from a fine or reduced
fine for cooperation within the framework of the leniency
programme;
7) 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 entering into a written
employment contract, failing to submit an informative declaration
regarding employees in respect of such person within the time
period specified in the laws and regulations governing taxes
which is to be submitted regarding persons who commence work;
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;
9) a member of the partnership, if the candidate or the
tenderer is a partnership, shall be subject to the conditions of
Clause 1, 2, 3, 4, 5, 6, or 7 of this Paragraph;
10) a subcontractor indicated by the tenderer, if the value of
the construction work to be performed or the services to be
provided by it is at least 10 per cent of the total value of the
public works, service or supply contract, shall be subject to the
conditions of Clause 2, 3, 4, 5, 6, or 7 of this Paragraph;
11) a person specified by the tenderer on whose capacities the
tenderer relies upon to certify that the qualification thereof
conforms to the requirements specified in the contract notice or
the procurement procedure documents, shall be subject to the
conditions of Clause 1, 2, 3, 4, 5, 6, or 7 of this
Paragraph;
12) a candidate or tenderer is a legal person or association
of persons registered in an offshore;
13) the owner or holder of more than 25 per cent of capital
shares (stocks) of the candidate or tenderer registered in Latvia
is a legal person or association of persons registered in an
offshore;
14) any of the subcontractors indicated by the tenderer, if
the value of the construction work to be performed or the
services to be provided by it is at least 10 per cent of the
total value of the public works, service or supply contract, or
any of the persons on whose capacities the candidate or tenderer
relies upon is a legal person or association of persons
registered in an offshore.
(2) A contracting authority, provided that it has been
specified in the contract notice or the procurement procedure
documents, is entitled to exclude a candidate or tenderer from
further participation in a procurement procedure in the following
cases:
1) a candidate or tenderer (as a contracting party or a
participant or member of the contracting party, if the
contracting party has been an association of economic operators
or a partnership), its participant or member (if a candidate or
tenderer is an association of economic operators or partnership)
has failed to fulfil the procurement contract, framework
agreement, or concession contract concluded with the relevant
contracting authority and therefore the contracting authority or
public partner has exercised the right provided for in the
procurement contract, provisions of the framework agreement or
concession contract to unilaterally withdraw from the procurement
contract, framework agreement or concession contract;
2) the candidate or tenderer has committed a serious violation
of professional activity which casts doubt upon its honesty, or
has failed to fulfil the procurement contract, framework
agreement or concession contract concluded with the contracting
authority or a public partner, and this fact has been recognised
by such a decision of the competent authority or a court judgment
which has entered into effect and has become incontestable and
unappealable;
3) a member of the partnership, if the candidate or the
tenderer is a partnership, shall be subject to the conditions of
Clause 2 of this Paragraph;
4) a subcontractor indicated by the tenderer, if the value of
the construction work to be performed or the services to be
provided by it is at least 10 per cent of the total value of the
public works, service or supply contract, shall be subject to the
conditions of Clause 1 or 2 of this Paragraph;
5) a person indicated by the candidate or tenderer on whose
capacities the candidate or tenderer relies upon to certify that
the qualification thereof conforms to the requirements specified
in the contract notice or the procurement procedure documents,
shall be subject to the conditions of Clause 1 or 2 of this
Paragraph;
(3) The contracting authority shall not exclude a candidate or
tenderer from participation in a procurement procedure if:
1) three years have passed from the day when the court
judgment, the prosecutor's penal order or a decision taken by
another competent authority on the infringement referred to in
Paragraph one, Clause 1 and Clause 7, Sub-clause "a" of this
Section has become incontestable and unappealable until the day
of the submission of the application or tender;
2) 12 months have passed from the day when the court judgment
or a decision taken by another competent authority on the
infringements referred to in Paragraph one, Clause 6 and Clause
7, Sub-clause "b" and Paragraph two, Clause 2 of this Section
became incontestable and unappealable until the day of the
submission of the application or tender.
(4) The contracting authority shall not exclude the candidate
or tenderer from participation in a procurement procedure, if 12
months have passed from the day when the contracting authority
has unilaterally withdrawn from the public supply, service or
works contract, framework agreement on supply, services or
construction work, or services or works concession contract
referred to in Paragraph two, Clause 1 of this Section until the
day of submitting the application or tender. The contracting
authority, provided that it has been specified in the contract
notice or the procurement procedure documents, is entitled not to
exclude a candidate or tenderer from further participation in a
procurement procedure in accordance with Paragraph two, Clause 1
of this Section, providing for additional performance bond
instead of it or such conditions for the performance of the
procurement contract which make non-compliance with the essential
provisions of the procurement contract or framework agreement
economically unprofitable for a candidate or tenderer. A
contracting authority, when taking a decision to exclude a
candidate or tenderer from further participation in a procurement
procedure in accordance with Paragraph two, Clause 1 of this
Section, shall take into account the level of gravity of the
infringement committed during the performance of the procurement
contract, framework agreement or concession contract from which
the contracting authority has withdrawn unilaterally, and also
the risk of non-performance of the procurement contract,
framework agreement, or concession contract to be concluded.
(5) If the contracting authority establishes that, based on
information posted on the information system stipulated by the
Cabinet on the date of the last data update of the public tax
debtors' database and the Administration System of Immovable
Property Tax of the State Revenue Service, a candidate, tenderer
or a person referred to in Paragraph one, Clauses 9, 10, and 11
of this Section has tax debts, including the debts of mandatory
State social insurance contributions in total exceeding EUR 150
on the last date of the term for submission of applications or
tenders or on the day when the decision on the possible award of
the procurement contract has been taken, the contracting
authority shall determine a time period - 10 days following the
day of issuing or sending the information - for the submission of
certification that on the last day of the term for submission of
applications for a candidate and tenders for a tenderer, or on
the day when the decision is taken to possibly award the
procurement contract the candidate or tenderer did not have tax
debts, including debts of State social insurance mandatory
payments which exceed EUR 150 in total. If the certification is
not submitted within a time period specified, the contracting
authority shall exclude a candidate or a tenderer from the
participation in the procurement. If the contracting authority
establishes that, based on information posted on the information
system stipulated by the Cabinet on the date of the last data
update of the public tax debtors' database and the Administration
System of the Immovable Property Tax of the State Revenue
Service, a candidate, a tenderer or a person referred to in
Paragraph one, Clauses 9, 10, and 11 of this Section does not
have tax debts, including debts of mandatory State social
insurance contributions in total exceeding EUR 150 on the last
date of the term for submission of applications or tenders or on
the day when the decision on the possible award of the
procurement contract has been taken, the contracting authority
shall not request the certification.
(6) In order to certify that it, and also the person referred
to in Paragraph one, Clauses 9, 10, and 11 of this Section had no
tax debts, including the debts of mandatory State social
insurance contributions exceeding in total EUR 150 in Latvia, the
candidate or tenderer shall submit the following within the time
period specified in Paragraph five of this Section:
1) a printout from the Electronic Declaration System of the
State Revenue Service certified by the relevant person or a
representative thereof or the statement of the State Revenue
Service that the relevant person had no relevant tax debts,
including the debts of mandatory State social insurance
contributions;
2) a statement issued by a local government that the relevant
person had no immovable property tax debts;
3) a copy of the decision issued by the State Revenue Service
or the competent authority of a local government on the extension
or postponing of the deadline for payment of the tax or other
objective evidence of non-existence of tax debts.
(7) The contracting authority shall request that the candidate
or tenderer changes a subcontractor, if the value of the
construction work to be performed or the services to be provided
by it is at least 10 per cent of the total value of the public
works, service or supply contract, provided it conforms to the
grounds for exclusion referred to in Paragraph one, Clause 2, 3,
4, 5, 6, 7, or 14 or Paragraph two, Clauses 1 and 2 of this
Section, and a person on whose capacities the candidate or
tenderer relies upon to certify that the qualification thereof
conforms to the requirements specified in the contract notice or
the procurement procedure documents, provided it conforms to the
grounds for exclusion referred to in Paragraph one, Clause 1, 2,
3, 4, 5, 6, 7, or 14 or Paragraph two, Clauses 1 and 2 of this
Section. If the candidate or tenderer, within 10 working days
following the day of issue or sending of the request, fails to
submit the documents regarding the new subcontractor or a person,
complying with the requirements specified in the contract notice
or procurement procedure documents, on whose capacities the
candidate or tenderer relies upon to certify that the
qualification thereof conforms to the requirements specified in
the contract notice or the procurement procedure documents, the
contracting authority shall exclude the tenderer and candidate
from participation in a procurement procedure.
(8) The Cabinet shall determine the list of those cases of
professional misconduct for which exclusion from the procurement
procedure is provided for.
(9) In order to verify whether a candidate or tenderer is to
be excluded from participation in a procurement procedure due to
the criminal offences and infringements referred to in Paragraph
one, Clauses 1, 6, and 7 and Paragraph two, Clause 2 of this
Section regarding which the relevant person referred to in
Paragraph one of this Section has been punished in Latvia or a
coercive measure has been applied thereto, and also due to the
facts referred to in Paragraph one, Clauses 2 and 3 of this
Section, the contracting authority, and also the economic
operator, shall, in accordance with the procedures stipulated by
the Cabinet, acquire the following information on itself, by
using the information system stipulated by the Cabinet with
respect to the person registered or permanently residing in
Latvia:
1) on the infringements and criminal offences referred to in
Paragraph one, Clauses 1, 6, and 7 and Paragraph two, Clause 2 of
this Section - from the Information Centre (Punishment Register)
of the Ministry of the Interior. The contracting authority is
entitled to receive the abovementioned information from the
Information Centre (Punishment Register) of the Ministry of the
Interior without asking for a consent from a candidate, tenderer,
and other persons referred to in Paragraphs one and two of this
Section;
2) on the facts referred to in Paragraph one, Clause 2 of this
Section - from the State Revenue Service and local governments of
Latvia. The contracting authority is entitled to receive the
abovementioned information from the State Revenue Service and
local governments of Latvia without asking for a consent of the
candidate, tenderer, and other persons referred to in Paragraph
one of this Section;
3) on the person referred to in Paragraph one, Clause 1 of
this Section (a person who is a member of the board or council, 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) and on
the facts referred to in Paragraph one, Clause 3 of this Section
- from the Enterprise Register.
(91) In order to verify whether a candidate or
tenderer is to be excluded from participation in a procurement
procedure in the case referred to in Paragraph one, Clauses 12,
13, and 14 of this Section, the contracting authority, and also
the economic operator shall acquire the information in the
Enterprise Register on itself, by using the information system
stipulated by the Cabinet with respect to the person registered
in Latvia. If the information system stipulated by the Cabinet
has no data available regarding the case referred to in Paragraph
one, Clause 13 of this Section, when the candidate or tenderer is
to be excluded from participation in a procurement procedure, the
contracting authority shall request the certification that the
candidate or tenderer is not subject to this provision. As
regards the candidate or tenderer registered abroad, the
contracting authority shall request to submit the document
confirming the country of registration.
(10) In order to verify, whether the conditions for exclusion
referred to in in Paragraph one and Paragraph two, Clause 2 of
this Section apply to a member of the board or council, a person
with representation rights or a proctor of the candidate or
tenderer registered in Latvia, or a person who is authorised to
represent the candidate or tenderer in activities related to a
branch and who is registered or permanently resides abroad, or to
the candidate or tenderer registered or permanently residing
abroad, or a person referred to in Paragraph one, Clauses 9, 10,
and 11 of this Section and registered or permanently residing
abroad, the contracting authority shall, except for the case
referred to in Paragraph eleven of this Section, request that the
candidate or tenderer submit the statement from the corresponding
competent authority certifying that the cases referred to in
Paragraph one and Paragraph two, Clause 2 of this Section do not
apply to a member of the board or council, a person with
representation rights or a proctor of the candidate or tenderer
registered in Latvia, or to a person who is authorised to
represent the candidate or tenderer in activities related to a
branch and who is registered or permanently resides abroad, or to
the candidate or tenderer, or a person referred to in Paragraph
one, Clauses 9, 10, and 11 of this Section. If in accordance with
the laws and regulations of the country of registration of the
candidate, tenderer or a person referred to in Paragraph one,
Clauses 9 and 11 of this Section a person subject to the grounds
for exclusion specified in Paragraph one of this Section may not
be a member of the board or council, a person with representation
rights or a proctor, or a person who is authorised to represent
the candidate or tenderer in activities related to a branch, a
candidate or a tenderer is entitled to provide a relevant
explanation instead of the statement. The contracting authority
shall determine a time period for the submission of the
explanation or the statement of at least 10 working days
following the day of issue or sending of the request. If the
relevant candidate or tenderer fails to submit the abovementioned
explanation or statement within the specified time period, the
contracting authority shall exclude them from participation in a
procurement procedure. If the contracting authority fails to
ascertain from the explanation that the provisions of exclusion
referred to in Paragraph one of this Section are not applicable
to the relevant persons, it is entitled to request that
statements of competent authorities are issued regarding the
relevant persons.
(11) Paragraph ten of this Section shall not be applicable to
the persons referred to in Paragraph one, Clauses 9, 10, and 11
of this Section which are registered in Latvia or are permanently
residing in Latvia, and are indicated in the application or
tender submitted by a candidate or tenderer. In such case
verification shall be carried out in accordance with Paragraph
nine of this Section.
(12) If such documents by which a candidate or tenderer
registered or permanently residing in a foreign country may
certify that the conditions indicated in Paragraph one or
Paragraph two, Clause 2 of this Section do not apply to him or
her are not issued or they are not sufficient to certify that the
conditions indicated in Paragraph one or Paragraph two, Clause 2
of this Section do not apply to the candidate or tenderer, the
abovementioned documents may be replaced with an oath or, if the
laws and regulations of the relevant country do not provide for
giving of an oath, with a certification of the candidate,
tenderer itself or the person referred to in Paragraph one of
this Section to the competent executive authority or judicial
authority, a sworn notary or a competent organisation in the
relevant sector in the country of registration (permanent
residence) thereof.
(13) The Cabinet shall determine:
1) the information system in which the verification referred
to in Paragraph nine and 9.1 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 nine, Clause 1 of this
Section, and also the laws and regulations and sections thereof
which comply with the grounds for the exclusion of candidates and
tenderers laid down in Paragraphs one and two of this Section and
for the infringements and criminal offences provided wherein the
verification referred to in Paragraph nine, Clause 1 of this
Section is to be conducted;
3) the procedures by which the information system referred to
in Clause 1 of this Paragraph receives and processes information
from the information systems maintained by the institutions
referred to in Paragraph ten of this Section.
(14) A contracting authority shall carry out the verification
regarding the grounds for the exclusion of candidates and
tenderers laid down in Paragraphs one and two of this
Section:
1) in an open procedure - in respect of each tenderer for whom
the contract should be awarded in conformity with other
requirements laid down in the notice regarding the contract and
procurement procedure documents and chosen tender evaluation
criteria;
2) in a restricted procedure, competitive dialogue, innovation
partnership procedure, and competitive procedure with negotiation
- in respect of each candidate who meets other requirements laid
down in the contract notice and rules for the selection of
candidates and should be invited to submit a tender. If the
contracting authority applies reduction in number of candidates,
it shall carry out verification before such reduction in number
of candidates. The contracting authority shall carry out the
verification regarding existence of the grounds for the exclusion
of candidates and tenderers laid down in Paragraph one, Clauses 2
and 10 of this Section in respect of each tenderer for whom the
procurement contract should be awarded in conformity with other
requirements laid down in the contract notice and procurement
procedure documents and chosen tender selection criteria;
3) in the procurement referred to in Section 10 of this Law
(if the contracting authority in the procurement procedure
documents has provided for the application of the conditions of
exclusion referred to in Paragraphs one and two of this Section)
and in a negotiated procedure - in respect of each tenderer for
whom the procurement contract should be awarded;
4) in the competitive procedure with negotiation in the case
referred to in Section 8, Paragraph six, Clause 5 of this Law, if
it invites to participate in negotiations all the tenderers not
excluded in the previously announced relevant procurement
procedure in accordance with the provisions of this Section and
meeting the set qualification requirements, if such is applied
after the termination of the open procedure - in respect of each
tenderer which has submitted a tender in an open procedure and
has been invited to a negotiated procedure. This verification
shall be carried out before commencement of negotiations.
(15) If the contracting authority applies negotiated procedure
in accordance with Section 8, Paragraph seven, Clause 7 of this
Law, it shall not apply Paragraph one, Clause 3 of this
Section.
[26 April 2018; 20 September 2018; 21 February
2019]
Section 43. Assessment of the
Evidence Submitted for Ensuring Reliability
(1) If a candidate or a member of partnership, if the
candidate is a partnership, meets the grounds for exclusion
referred to in Paragraph one, Clause 1, 3, 4, 5, 6, or 7 or
Paragraph two, Clause 1 or 2 of Section 42 of this Law, the
candidate shall, together with the tender, submit an explanation
and evidence for the compensation of the caused damage or a
concluded agreement on the compensation of the caused damage,
collaboration with the investigating institutions and technical,
organisational or personnel measures taken in order to prove its
reliability and prevent the repetition of the same or similar
events in the future.
(2) If a tenderer or a member of partnership, if the tenderer
is a partnership, meets the grounds for exclusion referred to in
Paragraph one, Clause 1, 3, 4, 5, 6, or 7 or Paragraph two,
Clause 1 or 2 of Section 42 of this Law, the tenderer shall
indicate it in the tender, and if it is recognised as a tenderer
for whom the contract should be awarded, shall submit an
explanation and evidence for the compensation of the caused
damage or a concluded agreement on the compensation of the caused
damage, collaboration with the investigating institutions and
technical, organisational or personnel measures taken in order to
prove its reliability and prevent the repetition of the same or
similar events in the future.
(3) If the candidate or tenderer fails to submit the
explanation and evidence, the contracting authority shall exclude
the candidate or tenderer from participation in a procurement
procedure in accordance with the grounds for exclusion referred
to in Paragraph one, Clause 1, 3, 4, 5, 6, or 7 or Paragraph two,
Clause 1 or 2 of Section 42 of this Law.
(4) The contracting authority shall evaluate the measures
taken by the candidate, tenderer or a member of partnership, if
the candidate or tenderer is a partnership, and the evidence
thereof taking into account the severity of a criminal offence or
infringement and the specific circumstances. The contracting
authority may request opinions from the institutions competent in
the field of the relevant criminal offence or infringement on the
fact whether the measures taken by the candidate or tenderer are
sufficient to restore reliability and to prevent the same and
similar cases in the future. The opinion shall not be requested,
if the contracting authority has available or the candidate or
tenderer has submitted the opinion of the institution competent
in the field of the relevant criminal offence or infringement
that the measures taken by the candidate or tenderer are
sufficient to restore reliability and to prevent the same and
similar cases in the future.
(5) If the contracting authority considers the measures taken
as sufficient to restore reliability and prevent similar cases in
the future, it shall take a decision not to exclude the relevant
candidate or tenderer from participation in a procurement
procedure. If the measures taken are not sufficient, the
contracting authority shall take the decision to exclude the
candidate or tenderer from further participation in a procurement
procedure.
Section 44. Conformity for the
Performance of Professional Activities
(1) The contracting authority may 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 of registration or permanent residence.
(2) In case of a public service contract, insofar as the
economic operators have to be authorised or have to be members of
a specific organisation so that they might provide the particular
service in their country of registration or permanent residence,
the contracting authority may request evidence regarding such
authorisation or membership.
(3) [30 April 2020]
(4) The contracting authority shall not determine the
requirements in respect of the minimum time since the
registration, licensing, or authorisation of an economic
operator, or becoming of the member of any special
organisation.
[30 April 2020]
Section 45. Economic and Financial
Standing
(1) The contracting authority may impose requirements with
respect to the economic and financial abilities of the economic
operator, required to perform the procurement contract. Such
requirements may refer to the following:
1) the minimum yearly financial turnover of the economic
operator, including in the area covered by the procurement
contract concerned;
2) the financial indicators of the economic operator;
3) the professional risk insurance.
(2) The minimum yearly financial turnover may be specified not
exceeding two times the estimated contract price value, except
for the case where the performance of the procurement contract is
related to special risks attached to the nature of the
construction work, services or supplies concerned. The
contracting authority shall provide for the justification for the
application of exception in the procurement procedure
documents.
(3) If the subject-matter of the procurement contract is
divided into parts, the contracting authority may determine the
minimum yearly financial turnover of an economic operator by
reference to groups of parts, if the procurement contract is
awarded as several parts to be executed at the same time.
(4) If within the scope of a framework agreement a
re-evaluation of the tenders is provided for, the minimum yearly
financial turnover of the economic operator shall be determined
on the basis of the estimated maximum contract price of
procurement contracts the performance of which is envisaged at
the same time, or, if the estimated maximum contract price of the
procurement contracts is not known, on the basis of the estimated
contract price of the framework agreement.
(5) In case of a dynamic purchasing system, the minimum yearly
turnover of the economic operator shall be determined on the
basis of the estimated maximum contract price of procurement
contracts to be awarded within that system.
(6) An economic operator may attest the conformity of the
economic and financial standing thereof to the set requirements
mainly by submitting the following documents:
1) certifications of a credit institution or, if necessary,
evidence of the relevant professional risk insurance company;
2) a financial statement or an extract from the financial
statement, if a financial statement is publicly available
information in accordance with the laws and regulations of the
country of registration of the economic operator;
3) a certification of its overall net turnover or, where
appropriate, of turnover in the area covered by the procurement
contract concerned, but not more than regarding three previous
reporting years, insofar as the information on such turnover is
available, taking into account the date on which the economic
operator was established or commenced its activities.
(7) When laying down the requirements regarding the financial
indicators of an economic operator, the contracting authority
shall clearly indicate in the procurement procedure documents
objective and non-discriminatory methods and criteria which will
be used for determination of financial indicators.
(8) The economic operator may rely on the economic and
financial capacities of other persons if it is necessary for the
performance of the relevant contract, regardless of the legal
nature of mutual relations thereof. In such case the economic
operator shall prove to the contracting authority that it will
have the necessary resources at its disposal, by submitting, for
example, a certification of these persons or an agreement on the
cooperation for the performance of the relevant contract. The
contracting authority may request that the economic operator and
the person on whose economic and financial capacities it relies
are jointly responsible for the performance of the procurement
contract.
(9) In the contract notice or in the invitation to tender, and
also in the procurement procedure documents the contracting
authority shall determine the documents which the economic
operator or candidate submits to certify its conformity with the
requirements set by the contracting authority. If the economic
operator or the candidate 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 with any other documents if the contracting authority
considers these appropriate.
[26 April 2018; 30 April 2020]
Section 46. Technical and
Professional Abilities
(1) The contracting authority may impose requirements with
respect to the technical and professional abilities of the
economic operator which are required to perform the procurement
contract. Such requirements may refer to the personnel involved
in the performance of the contract, experience and technical
resources of the economic operator.
(2) In procurement procedures for supplies requiring siting or
installation work, services or construction work, the
professional ability of the economic operator to provide the
service or to execute the installation or perform the
construction work may be evaluated with regard to their skills,
efficiency, and experience.
(3) The technical and professional abilities of the economic
operator according to the nature, quantity, level of
significance, and application of construction work, supply or
service may be certified by the following:
1) information on the executed construction work by attaching
statements and references on the execution of the most important
works in the course of not more than five preceding years, except
for the case when the contracting authority has determined a
longer term for the certification of experience for the purpose
of promotion of competition;
2) information on the most significant supplies performed or
services provided by attaching statements and references for not
more than three preceding years and indicating the amounts, time
and recipients (public or private persons). If it is necessary
for the promotion of competition, the contracting authority may
determine a longer term for certification of experience;
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) description of the technical equipment and resources used
by the economic operator for ensuring quality, and also the
description of training and research equipment of the economic
operator;
5) information on the management and route control systems of
the supply chain which the economic operator will use for the
performance of the procurement contract;
6) where the products to be supplied or the services to be
provided are of a complex nature or required for a special
purpose, a check carried out by the contracting authority or on
its behalf by a competent public body of the country of the
economic operator or the service provider. The abovementioned
check covers the production capacities of the economic operator
or the technical capacity of the service provider and, where
necessary, the quality control measures it will take;
7) documents certifying education or professional
qualification of personnel of the performer of construction work
or the service provider, if education or professional
qualification of the personnel is not provided for as one of the
tender evaluation criteria;
8) description of the measures that the economic operator is
planning to take for the purposes of meeting the environmental
protection requirements when performing the procurement
contract;
9) 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;
10) information on tools, installations, and technical
equipment available to the performer of construction work and the
service provider for the performance of the contract;
11) indication of the lot of the procurement contract which
the economic operator intends to assign to a subcontractor;
12) with regard to the products to be supplied:
a) samples, descriptions, or 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 is recognised) which certifies the conformity
of products with specific technical specifications or
standards.
(4) The economic operator may rely on the technical and
professional capacities of other persons if it is necessary for
the performance of the relevant procurement contract, regardless
of the legal nature of mutual relations thereof. 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 these persons or an agreement
regarding the transfer of the necessary resources into the
disposal of the economic operator. In order to certify the
professional experience or the availability of the personnel
meeting the requirements of the contracting authority, the
economic operator may rely on the capacities of other persons
only if such persons will perform the construction work or
provide services for the execution whereof the relevant
capacities are necessary.
(5) In the case of public works contract or public service
contract, or if the public supply contract incorporates also the
siting or installation of the products, the contracting authority
may request that certain critical tasks be performed directly by
the tenderer itself or by a member of the association of
persons.
(6) In the contract notice or in the invitation to tender, and
also in the procurement procedure documents the contracting
authority shall determine the documents which the economic
operator or candidate submits to certify its conformity with the
requirements stipulated by the contracting authority.
[26 April 2018; 30 April 2020]
Section 47. Quality Assurance
Standards
(1) If the contracting authority requests a certificate of an
independent authority regarding conformity of an economic
operator with the specific quality assurance standards, including
provision of access for persons with disabilities, it shall refer
to the quality assurance systems which have been approved by
authorities accredited in accordance with the procedures laid
down in laws and regulations according to the European standards.
The contracting authority shall recognise the certificate issued
by an authority accredited in accordance with the procedures laid
down in laws and regulations of another European Union Member
State. If it has been impossible for the economic operator to
obtain such certificates by the day of submission of an
application or tender for reasons that are not attributable to
that economic operator, the economic operator shall submit other
evidence that equal quality assurance measures have been taken,
and prove that the offered quality assurance measures conform to
the requirements of the contracting authority.
(2) [30 April 2020]
(3) Paragraph one of this Section shall only apply to
procurements the estimated contract price whereof is equal to or
exceeds the contract price thresholds determined by the
Cabinet.
[30 April 2020]
Section 48. Environmental Management
Standards
(1) If the contracting authority requests a certificate of an
independent authority regarding conformity of an economic
operator with the environmental management standards or
environmental management systems, it shall refer to the
Eco-Management and Audit Scheme (EMAS) or other systems which
have been recognised in accordance with Article 45 of Regulation
(EC) No 1221/2009 of the European Parliament and of the Council
of 25 November 2009 on the voluntary participation by
organisations in a Community eco-management and audit scheme
(EMAS), repealing Regulation (EC) No 761/2001 and Commission
Decisions 2001/681/EC and 2006/193/EC, or other environmental
management standards that conform to the European or
international environmental management system standards and have
been approved by authorities accredited in accordance with the
procedures laid down in laws and regulations. The contracting
authority shall recognise the certificate issued by an authority
accredited in accordance with the procedures laid down in laws
and regulations of another European Union Member State. If it has
been impossible for the economic operator to obtain such
certificates by the day of submission of an application or tender
for reasons that are not attributable to that economic operator,
the economic operator shall submit other evidence of equivalent
measures which should be ensured according to the environmental
management system or standard required by the contracting
authority.
(2) [30 April 2020]
(3) Paragraph one of this Section shall only apply to
procurements the estimated contract price whereof is equal to or
exceeds the contract price thresholds determined by the
Cabinet.
[30 April 2020]
Section 49. European Single
Procurement Document
(1) The contracting authority shall accept the European Single
Procurement Document as a preliminary evidence of the conformity
with the requirements for selection of tenderers and candidates
laid down in the contract notice or the procurement procedure
documents. If an economic operator has chosen to submit a
European Single Procurement Document in order to certify his or
her compliance with the requirements for selection of tenderers
or candidates specified in the contract notice or procurement
procedure documents, it shall also submit this document for each
person on whose capacities it relies to certify that the
qualification thereof complies with the requirements specified in
the contract notice or procurement procedure documents, and for
the subcontractor indicated by it the value of the construction
work to be performed or services to be provided by which is at
least 10 per cent of the value of the procurement contract. The
association of economic operators shall submit a separate
European Single Procurement Document regarding each member
thereof.
(2) The economic operator may submit to the contracting
authority the European Single Procurement Document which has
already been submitted in another procurement procedure, provided
that it certifies that the information contained therein is
correct.
(3) A contracting authority is entitled to ask the tenderer
and candidate at any moment during the procurement procedure to
submit all or part of the documents certifying the conformity
with the requirements for selection of tenderers and candidates
laid down in the contract notice or the procurement procedure
documents. The contracting authority shall not request such
documents and information which is at its disposal or available
in public databases.
(4) The procedures for use of the European Single Procurement
Document in the procurement procedures shall be determined by the
Cabinet. Sample forms of the European Single Procurement Document
shall be determined by the Commission Implementing Regulation
(EU) 2016/7 of 5 January 2016 establishing the standard form for
the European Single Procurement Document.
Section 50. Tender Security and
Performance Bond
(1) The contracting authority is entitled to request that the
tenderer submits or pays in a tender security and performance
bond. The contracting authority shall specify in the procurement
procedure documents the types, amount, and time limits of the
tender security and performance bond, and also the provisions for
submission and issue, payment and disbursement thereof.
(2) The amount of the tender security shall be determined
commensurately, taking into account the estimated contract price
of the relevant procurement and the subject-matter of the
procurement contract, but not more than two per cent of the
estimated contract price.
(3) The time limit of the tender security shall be determined
commensurately, taking into account the complexity of the
relevant procurement and the estimated time limit for evaluation
of tenders, but it may not exceed six months counting from the
day when tenders were opened.
(4) An economic operator is entitled to submit the tender
security and performance bond as a bank guarantee, insurance
policy or, if the contracting authority has provided for such an
option 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, except for the case referred to in
Paragraph seven of this Section:
1) within the minimum time limit of validity of the tender
security specified in the procurement procedure documents;
2) if it has been specified in the procurement procedure
documents that the tenderer to whom the procurement contract has
been awarded submits a performance bond prior to conclusion of
the procurement contract - until the day when the selected
tenderer submits such performance bond;
3) until the conclusion of the 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 to whom the procurement contract has been
awarded has not submitted the performance bond provided for in
the procurement procedure documents and the procurement contract
to the contracting authority within the time limit stipulated by
the contracting authority;
3) the tenderer to whom the procurement contract has been
awarded does not sign the procurement contract or framework
agreement within the time limit stipulated by the contracting
authority.
(7) If it has been laid down in the procurement procedure
documents and the procurement contract that the tenderer whose
tender has been selected in accordance with the tender selection
criterion submits a performance bond after conclusion of the
contract, the tender security in relation to such person shall be
in effect until the day when it submits such performance
bond.
[26 April 2018]
Section 51. Tender Evaluation
Criteria
(1) The contracting authority shall base the award of
procurement contract on the most economically advantageous
tender.
(2) The most economically advantageous tender shall be
identified:
1) on the basis of the price or costs by applying the
efficiency approach (for example, evaluating the costs of the
life cycle);
2) taking into account the price or costs and quality criteria
linked to the subject-matter of the procurement contract, for
example:
a) quality, including technical merit, aesthetic and
functional characteristics, accessibility, conformity with
universal design, social and environmental protection
requirements, innovative characteristics and trading
conditions;
b) management structure of the performance the procurement
contract and qualification and experience of the staff involved,
if the qualification and experience of the staff involved can
have a significant impact on the quality of performance of the
procurement contract;
c) after-sales services and technical assistance, delivery
conditions such as delivery date, delivery process and delivery
period or period of completion of delivery.
(3) Quality criteria are linked to the subject-matter of the
procurement contract if they relate to the construction work,
supply or services at any stage of their life cycle, and also the
factors involved in the process of performance of the
construction work, production or trade of the products or
provision of services, or any other process in a stage of their
life cycle, even if such factors are not directly linked to the
subject-matter of the procurement contract (for example,
compliance with environmental protection requirements or social
criteria during the provision of service, production of the
product or performance of the construction work).
(4) The contracting authority is entitled to use price only
for comparison and evaluation of the tenders, if the procurement
is carried out in accordance with the procedures laid down in
Section 9 or 10 of this Law, or if the prepared technical
specification is detailed and other criteria are of no relevance
in choosing the tender.
(5) The contracting authority shall determine such tender
evaluation criteria as are not restricting the competition and
are objectively comparable and evaluable.
(6) The contracting authority shall indicate in the
procurement procedure documents all tender evaluation criteria in
the order of importance thereof, the values of the criteria and,
where appropriate, spread of values, and also the selection
algorithm of a tender in accordance with these criteria and shall
describe how each of the evaluation criteria indicated will be
applied.
(7) The contracting authority shall indicate in the
procurement procedure documents the decisive tender selection
criterion according to which it will select the tender, if, prior
to taking a decision on award of the procurement contract, it
would detect that the score of at least two tenders is identical.
The contracting authority is entitled to set as the decisive
tender selection criterion such criterion which describes the
conformity of the economic operator to the social protection
requirements, including that the selected tender has been
submitted by the economic operator being the member of the
organisation of employers of national level and has concluded a
collective agreement with the trade union which is the member of
the trade union of a national level (if the tender has been
submitted by the partnership or association of persons, the
collective agreement must be concluded with each member of the
partnership and each participant of the association of
persons).
[26 April 2018]
Section 52. Life-cycle Costs
(1) Life-cycle costs shall fully or partially cover the
following costs over the life cycle of a product, service or
construction work:
1) costs borne by the contracting authority or other users,
such as:
a) costs relating to acquisition;
b) costs of use (for example, consumption of energy and other
resources);
c) maintenance costs;
d) end of life costs (for example, collection and regeneration
costs);
2) the costs incurred during the life cycle of the product,
service or construction work and related to the environmental
impact (such as the cost of emissions of greenhouse gases and of
other pollutant emissions, costs of measures oriented towards
mitigation and adaptation to climate change), if they may be
expressed in monetary terms and verified.
(2) The contracting authority shall indicate in the
procurement procedure documents the method for calculating the
life-cycle costs and the data to be provided by the tenderers
required for performance of the calculation.
(3) The methodology for the calculation of the costs related
to environmental impact shall conform to the following
conditions:
1) it is based on objectively verifiable and
non-discriminatory criteria;
2) it is accessible to all interested persons;
3) the data necessary for calculations are at disposal of the
economic operators, including at the disposal of the economic
operators registered in the country other than the European Union
Member State but which is a contracting party to the Agreement on
Government Procurement of the World Trade Organisation or other
international agreements binding on the European Union, or are
easily accessible.
Section 53. Abnormally Low
Tender
(1) A contracting authority shall require the explanation
regarding the price or costs proposed in the tender where the
tender appears to be abnormally low in relation to the particular
public works, public supply or public service contract.
(2) The explanation may specifically relate to:
1) the costs of the production process, construction method or
of the services to be provided;
2) the technical solutions chosen and any exceptionally
favourable conditions available to the tenderer for the execution
of construction work, the supply of the products or provision of
services;
3) the qualities and originality of the construction work,
products or services proposed;
4) compliance with obligations laid down in the laws and
regulations governing the fields of environmental, social, and
labour law, and labour protection, and collective agreements;
5) the obligations towards subcontractors;
6) the aid for commercial activity received by the
tenderer.
(3) The contracting authority shall, upon consultation with
the tenderer, assess the explanations provided by it. The
contracting authority may request that the tenderer submit
printouts from the Electronic Declaration System of the State
Revenue Service regarding the average hourly tariff rates in
profession groups of the employees of the tenderer or
subcontractors specified in its tender, if such data are compiled
by the State Revenue Service.
(4) The contracting authority shall reject the tender as
abnormally low, if the provided explanation does not
satisfactorily account for the low level of price or costs
proposed by the tenderer, or if the price or costs do not cover
the costs related to compliance with obligations laid down in the
laws and regulations governing the fields of environmental,
social, and labour law, and labour protection, and collective
agreements.
(5) If the contracting authority establishes that a tender is
abnormally low because the tenderer has received aid for
commercial activity, the tender may be rejected after
consultations with the tenderer only on the basis of the fact
that the tenderer is unable to prove, within a reasonable time
period stipulated by the contracting authority, that the received
aid for commercial activity is compatible with the internal
market within the meaning of Article 107 of the Treaty on the
Functioning of the European Union. If the contracting authority
rejects a tender due to this reason, it shall inform the European
Commission and the Procurement Monitoring Bureau of the rejection
of the tender and the reason for rejection.
Section 54. Special Rules for
Procurements in the Field of Road Transport
(1) When organising a procurement of road transport vehicles,
the contracting authority shall take into account the impact of
their operation on the energy industry and environment and for
this purpose shall evaluate at least the energy consumption and
the amount of emissions of carbon dioxide, nitrogen oxides,
non-methane hydrocarbons, and solid particles.
(2) The Cabinet shall determine the categories of such road
transport vehicles the procurements whereof shall be subject to
the requirements of this Section, and also the methodology for
the calculation of the costs of operation of the abovementioned
road transport vehicles.
(3) The contracting authority shall fulfil the requirements of
Paragraph one of this Section in one of the following ways:
1) the requirements in relation to energy consumption and the
amount of emissions of the substances referred to in Paragraph
one of this Section, and also, if necessary, other environmental
impact aspects shall be included in technical specifications;
2) the factors of the impact of operation on the energy
industry and environment shall be assessed, specifying the tender
evaluation criteria in accordance with Section 51 of this Law.
The contracting authority is entitled to express and assess the
abovementioned factors in monetary terms, using the methodology
stipulated by the Cabinet for the calculation of the costs of
operation of road transport vehicles.
[26 April 2018]
Section 55. Special Rules with
Respect to Energy Efficiency
(1) When organising procurements of products or services the
estimated contract price whereof is equal to or exceeds the
contract price thresholds determined by the Cabinet, the
institutions of direct administration shall purchase only the
products and services with high energy-efficiency level. The
institution of direct administration may purchase products or
services of a lower energy-efficiency level, taking into account
the considerations linked to profitability, technical suitability
and sustainability.
(2) The Cabinet shall determine the requirements to be
specified in the procurements organised by the institutions of
direct administration with respect to the energy efficiency of
the products and services.
(3) If the service provider, for the purposes of provision of
the relevant service forming the basis for the conclusion of the
public service contract, acquires the products not subject to the
requirements laid down in Paragraph two of this Section, then it
shall not be mandatory to set the requirements with respect to
the energy efficiency of the service.
(4) If the institution of direct administration purchases a
set of products subject to the laws and regulations specified in
the requirements referred to in Paragraph two of this Section
regarding labelling of the products related to the consumption of
energy and other resources, and such laws and regulations
determine the labelling requirements for the set of products in
question, then the requirements may be set with respect to the
combined energy efficiency of the products and not to the energy
efficiency of each separate product. In such case, the
institution of direct administration shall purchase the set of
products meeting high energy-efficiency level in accordance with
the provisions of the laws and regulations regarding the
labelling of the products related to consumption of energy and
other resources.
(5) The institutions of direct administration shall fulfil the
obligation specified in Paragraph one of this Section by
incorporating the energy efficiency requirements in the technical
specification or other procurement procedure documents. The
contracting authority, when evaluating the submitted tenders, may
grant points within the scope of the evaluation criteria by
evaluating the energy consumption during the lifetime of the
product or service or the conformity thereof to a possibly higher
energy-efficiency class.
(6) The rules laid down in this Section shall not apply to
procurements in the field of construction work.
Chapter
VI
Application of the Framework Agreement, Dynamic Purchasing
System, Electronic Auction, and Electronic Catalogues
Section 56. Framework Agreement
(1) In order to conclude a framework agreement, the
contracting authority shall observe the procurement procedures
provided for in this Law in all stages up to the conclusion of a
procurement contract within the scope of a framework agreement.
The contracting authority shall determine the participants of the
framework agreement, taking into account the specified tender
evaluation criteria.
(2) Procurement contracts shall be concluded within the scope
of the framework agreement in accordance with the provisions of
Paragraphs five, six, and seven of this Section. This procedure
shall only apply to such contracting authorities and economic
operators which have been specified as participants in the
provisions of the framework agreement on the date of conclusion
thereof. Only such contracting authorities which are indicated in
the contract notice, invitation to submit an application or in
the procurement procedure documents shall be specified as the
participants of the framework agreement.
(3) When concluding the 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
five of this Section.
(4) The framework agreement shall be concluded for a period of
time up to four years, except for the cases when a longer period
of time is necessary due to objective reasons (particularly, if
it is required by the subject-matter of the contract). The
contracting authority shall not use the framework agreement in
order to restrict competition.
(5) If the framework agreement is concluded with one economic
operator, procurement contracts within the scope of this
agreement shall be concluded in accordance with the provisions of
the framework agreement. In order to conclude these procurement
contracts, the contracting authority may consult with the
economic operator in writing, if necessary, requesting that the
tender be supplemented.
(6) If the framework agreement is concluded with more than one
economic operator, 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 tender, if all the necessary conditions
for the provision of the construction work, services, and
supplies concerned and the objective conditions for determining
which of the economic operators shall perform them are provided
for in the provisions of the framework agreement;
2) following the provisions of the framework agreement, inter
alia, also with respect to the parts of the framework agreement,
and without re-evaluating the tender or with re-evaluating the
tender, if all the necessary conditions for the provision of the
construction work, services, and supplies concerned are provided
for in the provisions of the framework agreement and the cases
and provisions for direct conclusion of procurement contracts and
cases for re-evaluating the tenders are determined;
3) evaluating the tenders, if all the necessary conditions for
the provision of the construction work, services, and supplies
concerned are not provided for in the provisions of the framework
agreement.
(7) If all the necessary conditions are not provided for in
the provisions of the framework agreement and the tenders have to
be re-evaluated, these provisions shall be supplemented on the
basis of the same provisions (if necessary, regulated in more
detail) or other provisions in accordance with the technical
specifications of the framework agreement in accordance with the
following procedure:
1) in order to conclude the specific procurement contract, the
contracting authority shall consult in writing with the economic
operators which are capable of implementing the procurement
contract concerned;
2) the contracting authority shall determine a time limit
which is sufficient for the submission of the relevant tender,
taking into account such factors as the complexity of the
subject-matter of the procurement contract and the time required
for the preparation of tenders;
3) the tenderers shall submit a tender in writing and the
contracting authority shall not open them until the expiry of the
time limit determined for the submission;
4) the contracting authority shall conclude the specific
procurement contract with the tenderer that has submitted the
most appropriate tender on the basis of the tender evaluation
criteria provided for in the framework agreement.
Section 57. Dynamic Purchasing
System
Procurements within the dynamic purchasing system shall be
subject to a restricted procedure. The Cabinet shall determine
the rules and procedures for the application of the dynamic
purchasing system.
Section 58. Application of
Electronic Auctions
(1) In case of an open procedure, restricted procedure, and
competitive procedure with negotiation, the contracting authority
may decide that the selection of a tender shall be preceded by an
electronic auction if the procurement procedure documents, in
particular the technical specifications, can be prepared with
precision. An electronic auction may also be organised prior to
the selection of a tender within the scope of the framework
agreement in accordance with Section 56, Paragraph six, Clauses 2
and 3 of this Law, and also prior to the selection of a tender
within the scope of the dynamic purchasing system.
(2) An object of an electronic auction may be:
1) the price or the price and the new values of the features
of the tenders indicated in the procurement procedure documents,
if the tender evaluation criterion is ratio of the price or
cost-effectiveness and the quality criteria linked to the
subject-matter of the procurement contract, or the lowest cost
using a cost-effectiveness approach;
2) the price, if the tender evaluation criterion is solely the
price.
(21) Public works contracts or public service
contracts whose subject-matter is intellectual work (such as the
designing) shall not be the object of electronic auctions.
(3) If the decision is taken to hold an electronic auction,
the contracting authority shall indicate it in the contract
notice.
(4) If an electronic auction is held, the procurement
procedure documents, in addition to other information, shall
include also the following:
1) the characteristics of the objects of electronic auction,
provided that such characteristics are quantifiable, and the
value thereof can be expressed in figures or percentages;
2) any thresholds (which may be submitted and modified) taking
into account the technical specifications of the subject-matter
of the procurement contract;
3) the information which will be made available to tenderers
in the course of the auction and, where appropriate, when it will
be made available to them;
4) the 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 arrangements and technical specifications
for connection.
(5) Prior to the commencement of an electronic auction, the
contracting authority shall make a full initial evaluation of the
tenders in accordance with the specified tender evaluation
criteria.
(6) The contracting authority shall concurrently invite all
tenderers which have submitted admissible tenders to submit new
prices or prices and values by electronic means. The invitation
shall contain all the necessary information on the individual
connection to the electronic equipment being used in the auction
and shall state the date and time when the electronic auction
will be initiated. The electronic auction may take place in a
number of successive phases. It shall not be initiated earlier
than two working days after sending of the invitation to
participate in this auction.
(7) A summary of the evaluation of tenders shall be appended
to the invitation and the invitation shall include the
mathematical formula or algorithm to be used in the electronic
auction which reflects the notional values of all criteria and
which, taking into account the initially specified proportion of
criteria, shall determine the re-ranking of positions, using the
newly submitted values and prices or only prices. Except for the
case where the tender is evaluated on the basis of price alone,
the referred to formula shall incorporate the weighting of all
the criteria established to determine the most economically
advantageous tender, as indicated in the contract notice or in
the procurement procedure documents. If the numeric values
assigned to the criteria are specified within a certain range,
they shall be expressed to a specified value. If variants of
tenders are authorised, a separate formula shall be provided for
each variant.
(8) Throughout 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 may, where this
is provided for in the procurement procedure documents,
communicate also information on other prices or values submitted.
The contracting authority may also at any time announce the
number of participants in the particular phase of the auction,
however, it is not entitled to disclose the identities of the
participants.
(9) The contracting authority shall close an electronic
auction (observing one or several conditions):
1) at the previously indicated date and time;
2) after receipt of the final bid, if the time indicated in
the invitation to auction has expired and no new bid is placed
during this period;
3) if all of the previously indicated phases in the auction
have been completed.
(10) If the contracting authority wishes to close the auction
in accordance with the provisions of both Clause 2 and Clause 3
of Paragraph nine of this Section, it shall indicate the time for
each phase of the auction in the invitation to auction.
(11) When the electronic auction is completed, the contracting
authority, using the results of this auction, shall select a
tender in accordance with the specified tender evaluation
criteria.
[26 April 2018]
Section 59. Application of
Electronic Catalogues
(1) If it is provided that the tenders will be submitted by
using only electronic means of communication, the contracting
authority may require the tender to be presented in the form of
an electronic catalogue or to include an electronic catalogue in
the tender. If the tenders are accepted or required in the form
of an electronic catalogue, the contracting authority shall
indicate it in the contract notice. The contracting authority
shall indicate in the procurement procedure documents all the
necessary information for the receipt of electronic documents in
accordance with Section 36 of this Law, inter alia, concerning
the necessary form, the electronic equipment to be used, the
technical connection arrangements, and specifications for the
catalogue.
(2) A candidate or tenderer shall create an electronic
catalogue in accordance with the requirements laid down in the
procurement procedure documents. Tenders in the form of an
electronic catalogue may be accompanied by other documents
completing the tender.
(3) The contracting authority may provide that the
re-evaluation of tenders will take place on the basis of updated
catalogues, provided that a framework agreement has been
concluded with more than one economic operator and the tenders
had been submitted in the form of electronic catalogues by using
one of the following procedures:
1) the contracting authority shall invite the tenderers to
resubmit their electronic catalogue which is adapted to the
requirements of the procurement contract in question;
2) the contracting authority shall notify tenderers that it
intends to create from the submitted electronic catalogues the
tenders adapted to the requirements of the procurement contract
in question in accordance with the methodology for creation of
the tenders as specified in the framework agreement, and shall
specify the date and time of creation of the tenders and shall
notify tenderers of the rights to express objections against the
creation of such tenders and shall allow for an adequate period
for expression of objections.
(4) The contracting authority shall use the procedure referred
to in Paragraph three, Clause 1 of this Section, if the tenderer
objects against the use of the procedure referred to in Paragraph
three, Clause 2 of this Section.
(5) The contracting authority shall notify the tenderer of the
created tender and the content thereof and shall allow for an
adequate period for expression of objections or approval of the
tender.
(6) The contracting authority may provide that within the
dynamic purchasing system the tenders for a specific procurement
contract shall be presented in the form of an electronic
catalogue. If the procedure referred to in Paragraph three,
Clause 2 of this Section is used within the scope of the dynamic
purchasing system, the contracting authority shall attach to the
request for participation in the dynamic purchasing system an
electronic catalogue meeting the requirements determined in the
procurement procedure documents to be completed by the candidates
after the contracting authority has informed of the use of the
procedure referred to in Paragraph three, Clause 2 of this
Section.
Chapter
VII
Conclusion and Performance of the Procurement Contract
Section 60. Procurement Contract
(1) A procurement contract shall determine the legal relations
between the contracting authority or contracting authorities and
an economic operator or economic operators. A procurement
contract may determine the legal relations between the
contracting authority or contracting authorities and an economic
operator or economic operators, and subcontractors.
(2) When preparing the procurement contract, the contracting
authority shall take into account the requirements of the laws
and regulations with respect to the construction work, supplies
and services included in the subject-matter of the procurement
and shall specify in the procurement contract:
1) the name of the contracting authority;
2) the name of the economic operator;
3) the subject-matter of the procurement, the scope thereof,
the quality requirements and other necessary information;
4) the contract price and the manner of payment thereof, and
also, if provided by the contracting authority, manner of payment
for subcontractors in the case referred to in Section 63 of this
Law;
5) the time limit, location, and conditions for the
performance of the procurement contract;
6) liability of the contracting parties for the losses caused
and the failure to perform the procurement contract;
7) the procedures for the replacement of the subcontractors
and staff specified in the tender and attraction of new
subcontractors and staff in accordance with the provisions of
Section 62 of this Law;
8) the procedures for amending the procurement contract and
the procedures by which the withdrawal from the procurement
contract shall be permissible;
81) the condition that in case the economic
operator or - if the contracting authority has provided for the
direct payments to the subcontractors in accordance with Section
63, Paragraph five of this Law - the subcontractor submits an
electronic invoice, it shall conform to the laws and regulations
regarding the applicable standard of an electronic invoice and
the specifications for the use of its key elements and the
procedures for its handling. In accordance with the laws and
regulations regarding the applicable standard of an electronic
invoice and the specifications for the use of its key elements
and the procedures for its handling, additional key elements to
be mandatorily indicated in the electronic invoice may be
specified in the procurement contract.
9) other rules.
(3) The contracting authority is entitled to provide for
special performance conditions of the procurement contract mainly
with respect to economic and social circumstances, innovations or
environmental protection requirements, provided that such
provisions are not contrary to the directly applicable legal acts
of the European Union in the abovementioned fields and are
indicated in the technical specifications or the contract notice,
or the procurement procedure documents and are linked to the
subject-matter or the relevant procurement contract. The
contracting authority, when preparing the procurement contract,
may use the guidelines for performance of procurements and
conclusion of contracts, and also the standard form contracts
developed by branch experts or organisations. When concluding the
procurement contract, the commensurate observance of the rights
and legal interests of the contracting parties shall be
ensured.
(4) A procurement contract shall be concluded for a time
period not longer than five years. The contracting authority is
entitled to conclude a procurement contract for a longer period
of time if any of the following conditions exists:
1) it is provided for in another law;
2) it is substantially necessary for ensuring the performance
of the procurement contract due to technical or economic
circumstances directly related to the subject-matter of the
procurement contract. In such case prior to commencing the
procurement, the contracting authority, which is an institution
of direct administration, must receive a permit of the Cabinet
and the contracting authority, which is an institution of
indirect administration, - a permit of the body of the relevant
derived public entity.
(5) In the cases referred to in Paragraph four of this Section
the contracting authority shall indicate the justification in the
contract award notice, information notice on the concluded
contract or notice on social and other special services for the
existence of such circumstances which authorise the conclusion of
the procurement contract for a longer period of time.
(6) A procurement contract or a framework agreement shall be
concluded no sooner than on the next working day following the
end of the waiting period, if a complaint regarding infringements
of the procurement procedure has not been submitted to the
Procurement Monitoring Bureau in accordance with the procedures
specified in Section 68 of this Law.
(7) The waiting period referred to in Paragraph six of this
Section shall be:
1) 10 days after the day when the information referred to in
Section 37, Paragraph two of this Law has been sent to all the
tenderers electronically by using a secure electronic signature,
or attaching a scanned document to the electronic mail, by fax or
handed over in person, and one additional working day;
2) 15 days after the day when the information referred to in
Section 37, Paragraph two of this Law has been sent, if it has
been sent by post to at least one tenderer, and one additional
working day.
(8) If the tenth day referred to in Paragraph seven, Clause 1
and the fifteenth day referred to in Clause 2 of this Section is
Saturday, Sunday or statutory public holiday, a waiting period
shall be extended for one working day.
(9) A procurement contract or a framework agreement may be
concluded without complying with Paragraph six of this Section
if:
1) the procurement contract is awarded to the sole tenderer
and there are no candidates which would be entitled to submit a
complaint in accordance with the procedures laid down in Section
68 of this Law;
2) the procurement of the social and other special services
referred to in Annex 2 to this Law is being organised due to
extraordinary circumstances unforeseen by the contracting
authority;
3) the negotiated procedure is being applied;
4) the contract is concluded within the scope of a framework
agreement in accordance with Section 56 or 59 of this Law;
5) the contract is concluded within the scope of the dynamic
purchasing system in accordance with Section 57 of this Law.
(10) Not later than within 10 working days following the day
when the procurement contract, the framework agreement or the
amendments thereof come into effect, the contracting authority
shall post on its buyer profile the following, in conformity with
the requirements of commercial secret protection laid down in
laws and regulations and ensuring the accessibility during the
entire term of the procurement contract or framework agreement,
but not less than the storage period for the procurement
documentation specified in Section 40, Paragraph five of this
Law:
1) the procurement contract or the framework agreement;
2) the procurement contract concluded on the basis of the
framework agreement;
3) if the procurement contract is made of provisions of a
standard contract which is publicly available and protected by
copyright - an indication to these provisions of a standard
contact, and also the documents which are a part of the
procurement contract and with which the relevant provisions of a
standard contract are amended or supplemented;
4) amendments to the documents referred to in Clauses 1, 2,
and 3 of this Paragraph, and the justification for amendments
referred to in Section 61, Paragraphs two and three of this
Law.
[26 April 2018; 14 February 2019; 21 February 2019 / See
Paragraphs 13 and 14 of Transitional Provisions]
Section 61. Amendments to the
Procurement Contract or the Framework Agreement
(1) Amendments to the procurement contract or the framework
agreement shall be permissible, if they do not alter the overall
nature of the procurement contract or the framework agreement
(type and purpose specified in the procurement procedure
documents) and meet one of the following instances:
1) amendments are non-substantial;
2) amendments are substantial and are introduced only in the
cases referred to in Paragraph three of this Section;
3) amendments are introduced in the case referred to in
Paragraph five of this Section, irrespective of whether they are
substantial or non-substantial.
(2) Amendments to a procurement contract or framework
agreement shall be substantial in any of the following cases:
1) the amended provisions of the procurement contract or the
framework agreement, had they been part of the initial
procurement procedure documents, would have allowed for
submission of different tenders or participation or selection of
other candidates or tenderers in the procurement procedure;
2) the economic balance (for example, risk allocation and the
means compensating it) provided for in the procurement contract
or the framework agreement is changed in the interests of the
tenderer selected within the procurement procedure;
3) the subject-matter of the procurement contract is extended
to such supplies, services, or construction work which are not
provided for in the initially concluded procurement contract or
framework agreement;
4) the tenderer (contracting party) selected within the
procurement procedure is replaced by another economic
operator.
(3) Substantial amendments to the procurement contract or the
framework agreement shall be permissible in the following
cases:
1) the procurement procedure documents and the procurement
contract or the framework agreement clearly and unequivocally
provides for a possibility of amendments, the cases when
amendments are permissible, the scope and essence of amendments.
Such provisions on amendments may refer to the revision of the
contract price, exercise of the use of options, and also other
aspects of the performance of the procurement contract or the
framework agreement;
2) the contracting authority needs additional construction
work, services, or supplies that were not included in the initial
procurement, and a change of the economic operator would cause
significant increase of costs, and it cannot be made due to
economic or technical reasons such as interchangeability or
interoperability with the existing equipment, services or
installations purchased under the initial procurement, or the
change of the economic operator would cause significant
inconveniences;
3) the amendments to the procurement contract are necessary
due to such reasons which the contracting authority could not
foresee in advance;
4) the tenderer selected in the procurement procedure
(contracting party) is replaced by another economic operator in
accordance with the provisions of the laws and regulations in the
field of commercial law regarding reorganisation of merchants and
transfer of undertaking, and such economic operator meets the
qualification requirements laid down in the contract notice or
the procurement procedure documents, and the provisions for
exclusion laid down in Section 42, Paragraph one of this Law, and
also the provisions for exclusion laid down in Section 42,
Paragraph two of this Law which the contracting authority has
initially included in the contract notice or the procurement
procedure documents, are not applicable thereto.
(4) The increase of contract price set as the sum of the
monetary values of all successive amendments may not exceed 50
per cent of the initial contract price of the procurement
contract with respect to each case referred to in Paragraph
three, Clauses 2 and 3 of this Section.
(5) Amendments to the procurement contract or the framework
agreement shall be permissible, if the value of the amendments to
the procurement contract or the framework agreement determined as
the sum of monetary value of all consecutively made amendments
(without taking into account the value of amendments made in
accordance with Paragraph three, Clauses 1, 2, and 3 of this
Section) does not concurrently reach:
1) the contract price thresholds established by the Cabinet
from which the contract notice or the notice on social and other
specific services is to be published in the Official Journal of
the European Union;
2) 10 per cent of the initial contract price of the
procurement contract or the framework agreement in case of a
public supply and public service contract and 15 per cent of the
initial contract price of the procurement contract or the
framework agreement in case of a public works contract.
(6) If the procurement contract provides for the indexation of
the contract price, the initial contract price of the procurement
contract or the framework agreement referred to in Paragraphs
four and five of this Section shall be the contract price which
has been indexed.
(7) The contracting authority shall publish the modification
notice during the term of the contract in accordance with Section
33 of this Law.
(8) The procurement procedures laid down in this Law shall be
applicable to the amendments to the procurement contract and the
framework agreement which do not correspond to the cases referred
to in Paragraph one of this Section.
[26 April 2018]
Section 62. Change of the Staff and
Subcontractors Involved in the Performance of a Procurement
Contract and Attraction of the new Staff and Subcontractors
(1) The tenderer selected in the procurement procedure (the
party to the procurement contract or framework agreement) is not
entitled to change the staff and subcontractors specified in the
tender, and also to involve additional staff and subcontractors
in performance of the procurement contract without coordination
with the contracting authority. The contracting authority may ask
for the opinion of the staff and subcontractors regarding the
reasons for change. The contracting authority may provide in the
procurement contract or the provisions of the framework agreement
that the tenderer selected in the procurement procedure (the
party to the procurement contract or framework agreement) has an
obligation to coordinate with the contracting authority the
involvement of additional staff in the performance of the
procurement contract.
(2) The change of the staff specified in the tender shall only
be permissible in accordance with the procedure and in the cases
specified in the procurement contract or the framework agreement.
The contracting authority shall not agree to the change of the
staff specified in the tender in cases laid down in the
procurement contract or the framework agreement and in cases when
the offered staff does not meet the requirements specified for
the staff in the procurement procedure documents or it does not
have at least the same qualification and experience as the staff
that has been evaluated when determining the most economically
advantageous tender.
(3) The contracting authority shall not agree to the change of
the subcontractor specified in the tender, if any of the
following conditions applies:
1) the tendered subcontractor does not meet the requirements
specified for the subcontractor in the procurement procedure
documents;
2) the subcontractor on whose capacities the selected tenderer
has relied upon to certify that the qualification thereof
conforms to the requirements specified in the contract notice or
the procurement procedure documents is replaced and the tendered
subcontractor does not have at least the same qualification which
the tenderer selected in the procurement procedure has referred
to upon certifying the conformity thereof to the requirements
specified in the procurement procedure, or it is subject to the
provisions for exclusion of the tenderers referred to in
Paragraph one or two of Section 42 of this Law (in accordance
with that which is specified by the contracting authority in the
contract notice or the procurement procedure documents);
3) the tendered subcontractor, if the value of the
construction work to be performed or the services to be provided
by it is at least 10 per cent of the total value of the
procurement contract, is subject to the provisions for exclusion
of the tenderers referred to in Paragraph one or two of Section
42 of this Law (in accordance with that which is specified by the
contracting authority in the contract notice or the procurement
procedure documents);
4) as a result of the change of the subcontractor, there would
be such amendments made in the tender of the tenderer, which, had
they been initially included therein, would have influenced the
selection of the tender in accordance with the tender evaluation
criteria specified in the procurement procedure documents.
(4) The contracting authority shall not agree to the
attraction of a new subcontractor in case, if such changes, had
they been made in the initial tender, would have influenced the
selection of the tender in accordance with the tender evaluation
criteria specified in the procurement procedure documents.
(5) When verifying the conformity of the new subcontractor,
the contracting authority shall apply the provisions of Section
42 of this Law. The time limits referred to in Section 42,
Paragraph three of this Law shall be counted from the day when
the request for the change of a subcontractor is submitted to the
contracting authority.
(6) The contracting authority shall, within as short period of
time as possible, but not later than within five working days
after it has received all information and documents necessary for
taking of a decision in accordance with the provisions of this
Section, take a decision to permit or refuse the change of the
staff or subcontractors of the tenderer selected in the
procurement procedure (the party to the procurement contract or
framework agreement) or attraction of new subcontractors in the
performance of the procurement contract.
Section 63. Subcontractors
(1) In order to ascertain that an economic operator will be
able to perform a procurement contract, the contracting authority
is entitled to request that the tenderer indicate in its tender
those parts of the procurement contract which it will transfer to
subcontractors for performance, and also all anticipated
subcontractors.
(2) The contracting authority shall request that the tenderer
indicate in its tender all those subcontractors, where the value
of the construction work to be performed or the services to be
provided by them is 10 per cent of the total value of the
procurement contract or more, and the lot of the procurement
contract to be transferred to each such subcontractor.
(3) The total value of the construction work to be performed
or the services to be provided by the subcontractor shall be
determined, taking into account the value of the construction
work to be performed or services to be provided by the
subcontractor and by all associate undertakings thereof within
the scope of the relevant procurement. For the purposes of this
Section, the associate undertaking shall be considered to be the
capital company in which, in accordance with the laws and
regulations governing the status of group of companies, the
subcontractor has a decisive influence, or which has a decisive
influence in the subcontractor, or a capital company in which
another company has the decisive influence and which concurrently
has a decisive influence in the relevant subcontractor.
(4) In the case of public service contract, if the services
are provided at a facility of the contracting authority, and in
the case of public works contract, the contracting authority
shall request that after the award of the procurement contract
and at the latest when the performance of the procurement
contract commences, the tenderer submit a list of subcontractors
(if any) involved in the construction work or service provision,
indicating the name, contact details and a person with the right
of representation of subcontractors, insofar as such information
is known. The list shall also specify the subcontractors of the
subcontractors of the economic operator. The contracting
authority shall require the economic operator to notify the
contracting authority of any changes to this information during
the performance of the procurement contract, and also to
supplement the list with information on any subcontractor which
it later involved in the performance of construction work or
provisions of services.
(5) The contracting authority may provide in the procurement
procedure documents that in case of public works contract, upon
request of a subcontractor, the payments for the services,
supplies or construction work provided by the subcontractor to
the economic operator who has accepted them and the term for
payment whereof is past due, if the contracting authority has
failed to disburse the entire contract price due to the economic
operator, shall be transferred by the contracting authority, on
the basis of an invoice submitted by the subcontractor, directly
to the subcontractor and the next payment to the economic
operator shall be reduced by the relevant amount. Prior to the
payment of the invoice of the subcontractor, the contracting
authority shall inform the economic operator of such request and
shall allow it to express an opinion on the justification of the
request. The procedures for making payments and exchanging
information with the economic operator and subcontractors thereof
shall be provided for by the contracting authority in the
procurement contract.
(6) The procedures laid down in Paragraphs one and five of
this Section shall be without prejudice to the issues related to
the liability of the economic operator for the performance of the
procurement contract.
Section 64. Early Termination of a
Procurement Contract
(1) The contracting authority is entitled to unilaterally
withdraw from the procurement contract prior to the expiry of the
term thereof, by sending a written notice to the economic
operator in the cases provided for in the procurement contract
and in the following cases:
1) substantial amendments are made to the procurement contract
which are not admissible in accordance with Section 61, Paragraph
one of this Law;
2) the procurement contract has not been concluded in
accordance with the provisions specified in the procurement
procedure documents, or substantial provisions of the draft
procurement contract contained in the procurement procedure
documents have been amended;
3) the economic operator has, at the time of procurement
contract award, been subject to any of the cases of exclusion
referred to in paragraph one of Section 42 of this Law and should
therefore have been excluded from the procurement procedure;
4) the procurement contract should not have been awarded to
the economic operator due to a serious infringement of the
obligations provided for in the Treaty on European Union, Treaty
on the Functioning of the European Union and this Law which has
been detected by the Court of Justice of the European Union in
accordance with the procedures laid down in Article 258 of the
Treaty on the Functioning of the European Union.
(2) In the event of an early termination of the procurement
contract in cases referred to in Paragraph one of this Section,
the contracting authority shall pay for the construction work and
supplies actually performed and the services actually provided by
the economic operator. The contracting authority and the economic
operator shall agree upon the amount and procedures for
payment.
Chapter
VIII
Procurement Monitoring Bureau
Section 65. Legal Status of the
Procurement Monitoring Bureau
(1) The Procurement Monitoring Bureau is an institution of
direct administration under the supervision of the Ministry of
Finance, operating in accordance with this Law, the By-laws of
the Procurement Monitoring Bureau, and other laws and
regulations.
(2) The operation of the Procurement Monitoring Bureau is
financed from the State budget.
(3) The Procurement Monitoring Bureau is functionally the
highest institution in relation to the implementation of the
function referred to in Section 66, Paragraph one, Clause 2 of
this Law.
Section 66. Functions of the
Procurement Monitoring Bureau
(1) The Procurement Monitoring Bureau shall have the following
functions:
1) to monitor the conformity of the procurement procedures,
design contests referred to in Paragraph one of Section 8 of this
Law and the procurements specified in Section 10 of this Law to
the requirements of laws and regulations;
2) to examine complaints regarding infringements of the
procurement procedures, design contests referred to in Paragraph
one of Section 8 of this Law and the procurements referred to in
Section 10 of this Law;
3) to provide methodological assistance and consultations, and
to organise training for contracting authorities, product
vendors, lessors, performers of construction work, and service
providers regarding the application of the laws and regulations
governing public procurement;
4) to examine administrative violation cases in the field of
public procurements and public and private partnership and to
impose administrative sanctions;
5) to ensure entering and updating of information in online
repository of certificates (e-Certis);
6) other functions laid down in laws and regulations.
(2) The Procurement Monitoring Bureau has the following
rights:
1) to request and receive free of charge complete information
on any procurement and concluded contract;
2) to cooperate with foreign authorities and non-governmental
organisations;
3) to invite independent procurement specialists and
experts.
Section 67. Complaint Examination
Commission
(1) Complaints regarding infringements of the procurement
procedure shall be examined by the complaint examination
commission (hereinafter also - the commission) consisting of
three members and established by the Procurement Monitoring
Bureau. Members of the commission shall be the officials of the
Procurement Monitoring Bureau. The chairperson of the commission
shall conform to the criteria referred to in Paragraph two of
this Section, and at least one more member of the commission
shall have an academic or a second level higher vocational
education in law. In order to examine complaints, the Procurement
Monitoring Bureau may invite a procurement specialist or
expert.
(2) The work of the commission shall be managed by the
chairperson of the commission conforming to the following
criteria:
1) he or she has an academic or a second level higher
vocational education in law or management, or economics;
2) he or she has at least one-year experience in examination
of complaints regarding infringements of the procurement
procedure.
(3) A person who has previously provided consultations
regarding a procurement referred to in a complaint or is
interested in being awarded the rights to conclude the
procurement contract or framework agreement or is connected to
the submitter of the complaint or another tenderer, may not be a
member of the commission, specialist or expert. Prior to
examination of the complaint, all members of the commission, the
specialist and expert shall sign a respective certification.
Within the meaning of this Section, a member of the commission,
specialist and expert is connected to the submitter of the
complaint or another tenderer, if he or she is:
1) a relative of the owner or official of a legal person -
submitter of the complaint or another tenderer;
2) a relative of the natural person - submitter of the
complaint or another tenderer;
3) the current or former employee, official or owner of a
legal person - submitter of the complaint or another tenderer -
who has discontinued employment relations or ownership relations
with the submitter of the complaint or another tenderer within a
period of time, which is less than 24 months, or a relative of
such persons.
(4) The commission shall take a decision by voting. When
taking a decision, the members of the commission shall be
independent and subject only to the law. A specialist and an
expert shall participate in the meetings of the commission
without the voting rights and shall express an independent
professional opinion to the commission regarding the facts
established during examination of the complaint or provide a
statement regarding questions asked by the commission.
Chapter
IX
Procedures for Examination of Complaints Regarding Infringements
of the Procurement Procedure
Section 68. Right to Submit a
Complaint Regarding 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 who is
qualifying for procurement contract award and who, in relation to
the specific procurement procedure to which this Law applies,
believes that his or her 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
regarding the provisions for selection of candidates or
tenderers, technical specifications and other requirements which
relate to the specific procurement procedure, or regarding the
activities of the contracting authority or the procurement
commission during the course of the procurement procedure. Within
the meaning of this Chapter, the procedures for carrying out the
procurement referred to in Section 10 of this Law and the design
contest shall also be regarded as the procurement procedures.
(2) A complaint regarding the infringements referred to in
Paragraph one of this Section (except for the cases referred to
in Paragraph three of this Section) may be submitted to the
Procurement Monitoring Bureau until the conclusion of procurement
contract or framework agreement in the following time
periods:
1) within 10 days after the day when the information referred
to in Section 37 of this Law has been sent to the relevant person
in electronic form, using secure electronic signature or
attaching a scanned document to the electronic mail message, or
by fax or handed over in person;
2) within 15 days after the day when the information referred
to in Section 37 of this Law has been sent to the relevant person
by post;
3) within 10 days after the day when the notice referred to in
Section 30, 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 contract price of the
procurement is equal to or higher than the contract price
thresholds specified by the Cabinet.
(3) A complaint regarding the requirements included in the
procurement procedure documents may be submitted in the following
time periods:
1) at least seven days prior to the expiry of the term for
submission of tenders - in relation to the requirements contained
in the open procedure rules and the contract notice;
2) at least four working days prior to the expiry of the term
for submission of applications - in relation to the requirements
included in a restricted procedure regulations for the selection
of candidates and in the contract notice, in the documents of the
competitive dialogue and in the contract notice, or in the
documents of a competitive procedure with negotiation and in the
contract notice, or the documents of an innovation partnership
procedure and in the contract notice;
3) at least four working days prior to the expiry of the term
for submission of tenders - in relation to the requirements
included in an invitation to the restricted procedure,
competitive dialogue, competitive procedure with negotiation, or
innovation partnership procedure;
4) at least seven days prior to the expiry of the term for
submission of designs - in relation to the requirements included
in the design contest regulations and the design contest
notice;
5) at least two working days prior to the expiry of the term
for submission of tenders - in relation to the requirements
included in the procurement documents in the case of the
procurement referred to in Section 10 of this Law.
(4) A complaint to the Procurement Monitoring Bureau may be
submitted, by delivering it in person or sending it by post, fax
or electronically, using secure electronic signature or attaching
a scanned document to the electronic mail message. A 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 at the Procurement Monitoring
Bureau:
1) on the final day of the term at the latest, if sent by fax
or electronically, using secure electronic signature or attaching
a scanned document to the electronic mail message;
2) on the final day of the term at the latest, within the
office hours of the Procurement Monitoring Bureau, if sent by
post or delivered in person.
(5) A complaint shall be submitted in writing and shall
include the following information:
1) the name and address of the submitter of the complaint;
2) the name and address of the contracting authority regarding
which the complaint has been submitted;
3) the title of the procurement procedure and the procurement
identification number;
4) the facts regarding which the complaint is being submitted,
indicating the 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 regarding 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 of the
initiation of an administrative case by sending a notice
regarding 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 a procurement contract or framework agreement until a
decision of the commission on the results of examination of the
complaint or termination of the administrative case is
received.
(7) If a complaint regarding the requirements specified by the
open procedure regulations or the contract notice, or an
invitation to tender in the restricted procedure has been
submitted, the contracting authority shall act in accordance with
the procedure stipulated by the Cabinet.
(8) If a complaint regarding the activities of the contracting
authority in relation to the lawfulness of the procurement
procedure is submitted and a complaint regarding the same
procurement procedure has already been submitted by another
submitter of the complaint, but it has not been examined yet,
such complaints may be combined and examined together.
(9) The submitter of the complaint is entitled to revoke the
complaint submitted in writing, at any time, until the commission
has not taken a decision on the relevant complaint.
[26 April 2018]
Section 69. Leaving Complaint
Unexamined
(1) The Procurement Monitoring Bureau is entitled to leave a
complaint unexamined in any of the following cases:
1) the complaint does not conform to the requirements of
Section 68, Paragraph one, two, three or five of this Law;
2) a complaint has already been submitted and examined with
respect to a procurement procedure for the same subject-matter
and on the same grounds;
3) the information included in the complaint is evidently
insufficient to satisfy the claim of the submitter of the
complaint, or the complaint is evidently inadmissible on its
merits;
4) in the case referred to in Section 70, Paragraph four of
this Law.
(2) A decision may be appealed in court in accordance with the
procedures laid down in the Administrative Procedure Law. Appeal
of the decision shall not suspend the operation thereof.
Section 70. Deposit
(1) When submitting a complaint in accordance with the
procedures laid down in Section 68 of this Law, a deposit shall
be paid in or submitted.
(2) The submitter of the complaint is entitled to pay in the
deposit as the sum of money or submit it in the form of a bank
guarantee or insurance policy.
(3) A deposit shall comprise 0.5 per cent of the estimated
contract price, however not exceeding EUR 15 000 in case of the
public works contract and EUR 840 in case of the public service
contract or supply contract. If it is not possible to determine
the estimated contract price or it is not specified in the
procurement procedure documents, in case of the public works
contract the deposit shall be EUR 3 400, but in case of the
public service contract and supply contract - EUR 840.
(4) Following the receipt of the complaint the Procurement
Monitoring Bureau shall, within one working day, verify the fact
of receipt or submission of a deposit payment. Where the payment
of the deposit is not received or submitted, the Procurement
Monitoring Bureau is entitled to leave a complaint
unexamined.
(5) The Procurement Monitoring Bureau shall repay the deposit
payment or return the deposit to the submitter of the complaint
within five working days after:
1) the day of revocation of the complaint, if the submitter of
the complaint has revoked the complaint prior to the examination
thereof in the commission, on the basis of the fact that the
contracting authority has eliminated the infringements specified
in the complaint;
2) the receipt of the true copy of the court judgment, if the
court by the final judgment assigns to repay the paid-in deposit
payment to the submitter of the complaint;
3) the decision on leaving the complaint unexamined has been
communicated;
4) the decision to prohibit the contracting authority to
conclude the procurement contract or the framework agreement or
to cancel the decision of the contracting authority regarding the
termination of the procurement procedure has come into
effect.
(6) This Section shall not be applicable if the complaint
contests the lawfulness of the termination of the procurement
procedure or the requirements prescribed by the procurement
procedure documents.
(7) The procedures for the payment or submission and repayment
or return of the deposit shall be determined by the Cabinet.
Section 71. Examination of a
Complaint
(1) The commission shall examine a complaint within one month
after receipt thereof in the Procurement Monitoring Bureau. If
due to objective reasons it is not possible to observe this time
limit, the commission may extend it by notifying the submitter of
the complaint, the tenderer whose tender has been selected in
accordance with the specified tender evaluation criteria
(hereinafter - the participants) and the contracting authority
thereof.
(2) Upon examining a complaint regarding infringements of the
procurement procedure, the commission may, by a decision
thereof:
1) allow to conclude a procurement contract or framework
agreement and to leave the requirements specified in the
procurement procedure documents or the decision of the
contracting authority or the procurement commission in effect, if
the complaint is not justified or is justified, however, the
infringements established by the commission cannot affect the
decision on awarding of the procurement contract;
2) prohibit concluding the procurement contract or framework
agreement, if the contracting authority has not complied with the
requirements specified in Section 37 of this Law;
3) prohibit concluding the procurement contract or framework
agreement and cancel the requirements specified in the
procurement procedure documents or the decision of the
procurement commission in full or any part thereof, if the
complaint is justified and the infringements established by the
commission can affect the decision on awarding of the procurement
contract;
4) leave the decision of the contracting authority or the
procurement commission on termination or suspension of the
procurement procedure in effect, if the complaint is not
justified;
5) cancel the decision of the procurement commission on
termination or suspension of the procurement procedure, if the
complaint is justified.
(3) In the cases referred to in Paragraph two, Clauses 2, 3,
and 5 of this Section the commission may take the decision on
measures for elimination of the 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 during examination of a complaint the commission
establishes that the complaint should be left unexamined, it may
take the decision on termination of the administrative case. If
the submitter of the complaint withdraws a complaint, the
relevant administrative proceedings shall be considered
terminated.
(5) The Procurement Monitoring Bureau shall invite the
participants to the complaint examination meeting by publishing
an invitation on its website at least three working days in
advance. The invitation shall be considered notified on the next
working day of publication thereof on the website of the
Procurement Monitoring Bureau. If the electronic mail address to
which an invitation can be sent has been notified by participants
to the Procurement Monitoring Bureau, the Procurement Monitoring
Bureau shall send the information on the complaint examination
meeting to the participants also by electronic mail not later
than on the day when the invitation is published on the website
of the Procurement Monitoring Bureau.
(6) The commission shall hear the opinion of all participants
present. After hearing the participants, it shall continue work
without the presence of the participants.
(7) The commission shall evaluate a complaint on the basis of
the facts referred to by the submitter thereof and participants,
the explanations of the contracting authority and the opinion or
statement of the expert. If the participants have not arrived to
the complaint examination meeting, the commission shall examine
the complaint on the basis of the facts available thereto. The
commission shall take a decision and, within three working days
after taking thereof, shall prepare it and post it on the website
of the Procurement Monitoring Bureau. The decision shall be
considered notified on the next working day of publication
thereof on the website of the Procurement Monitoring Bureau.
(8) The following information shall be indicated in the
decision of the commission:
1) the justification for the establishment of the
commission;
2) the members of the commission and the expert who has
participated in the meeting of the commission;
3) representatives of the submitter of the complaint, the
contracting authority, and other participants who have
participated in the meeting of the commission;
4) the identification number of the procurement procedure
regarding which the complaint has been submitted;
5) the facts regarding which the complaint has been submitted,
and the claim of the submitter of the complaint;
6) the most important arguments of the submitter of the
complaint and the 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 takes the decision
on measures for elimination of the infringements established;
10) a prohibition or a permission for the contracting
authority to conclude a procurement contract;
11) where and in what term this decision may be appealed.
(9) If the commission has decided regarding the measures for
elimination of the infringements established, the contracting
authority shall eliminate the infringements, take a decision, and
notify regarding the amendments to the procurement procedure
documents, and submit the amendments thereto or notify of the
procurement procedure results. The decision shall be published in
accordance with the procedures laid down in Section 34 of this
Law, and also all information on the taking of the decision and
elimination of the infringements established by the commission
shall be sent to the Procurement Monitoring Bureau. In such case
the procurement contract shall be concluded in conformity with
the provisions of Section 60, Paragraph six of this Law.
Section 72. Appealing a Decision of
the Commission
(1) A decision of the commission may be appealed in the
District Administrative Court in accordance with the procedures
laid down in the Administrative Procedure Law. The matter shall
be heard by the court in the composition of three judges.
(2) A ruling of the District Administrative Court may be
appealed in accordance with cassation procedures in the
Department of Administrative Cases of the Supreme Court.
(3) The appeal of the decision of the commission shall not
suspend the operation thereof.
Chapter X
Recognition of a Procurement Contract or Framework Agreement as
Invalid, Amending or Repealing the Provisions Thereof or
Reduction of the Term of a Procurement Contract or Framework
Agreement
Section 73. Submission of an
Application and Examination of a Matter Regarding Recognition of
a Procurement Contract or Framework Agreement as Invalid,
Amending or Repealing the Provisions Thereof or Reduction of the
Term of a Procurement Contract or Framework Agreement
(1) An application regarding recognition of the procurement
contract or framework agreement as invalid, amending or repealing
the provisions thereof or reduction of the term of the
procurement contract or framework agreement may be submitted by
the persons referred to in Section 68, Paragraph one of this Law
in the cases referred to in of Section 74, Paragraph one of this
Law.
(2) The application shall be submitted to the District
Administrative 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
public law contract in the court, insofar as it is not laid down
otherwise in this Law.
(3) An application in relation to the infringements referred
to in Section 74, 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 30 days after the day when:
a) such notice regarding 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
contract price thresholds 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
tenderer regarding conclusion of the procurement contract or
framework agreement, indicating the information referred to in
Section 37, Paragraph two, Clause 1 or 2 of this Law thereto, or
the relevant candidate regarding conclusion of the procurement
contract or framework agreement, indicating the reasons for
rejecting the application submitted thereby. The abovementioned
shall also apply to the cases provided for in Section 74,
Paragraph one, Clauses 5 and 6 of this Law.
(4) Concurrently with 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 provisional regulation is
applied.
(5) A ruling of the District Administrative Court may be
appealed in accordance with cassation procedures in the
Department of Administrative Cases of the Supreme Court.
(6) If an application regarding recognition of the procurement
contract or framework agreement as invalid, amending or repealing
the provisions thereof or reduction of the term of the
procurement contract or framework agreement is based on the case
not referred to in Section 74 of this Law, the claim shall be
brought to the court of general jurisdiction in accordance with
the procedures laid down in the Civil Procedure Law.
Section 74. Cases when a Procurement
Contract or Framework Agreement may be Recognised as Invalid, the
Provisions Thereof may be Amended or Repealed or the Term of a
Procurement Contract or Framework Agreement may be Reduced
(1) The court may recognise the procurement contract or
framework agreement as invalid, amend or repeal the provisions
thereof or reduce the term of the procurement contract or
framework agreement in any of the following cases:
1) the procurement contract or framework agreement has been
concluded without applying the procurement procedures specified
in Section 8, Paragraph one of this Law or the procedures for
carrying out of procurement referred to in Section 10 of this Law
if the contracting authority had to apply it;
2) the procurement contract or framework agreement has been
concluded, by unjustly awarding the procurement contract or
framework agreement, without publishing a contract notice on the
website of the Procurement Monitoring Bureau or the Official
Journal of the European Union, if the procurement contract price
is equal to or higher than the contract price thresholds
specified by the Cabinet;
3) the procurement contract or framework agreement has been
concluded without complying with the term determined in Section
60, Paragraph six of this Law;
4) the procurement contract or framework agreement has been
concluded, violating the prohibition determined in Section 68,
Paragraph six of this Law to conclude the procurement contract or
framework agreement;
5) the procurement contract has been concluded, without
complying with the requirements of Section 56, Paragraph six of
this Law, if the contract price of the specific procurement
contract is equal to or higher than the contract price thresholds
specified by the Cabinet;
6) the procurement contract has been concluded, without
complying with the procedures laid down in the Cabinet
regulations governing the establishment and operation of the
dynamic purchasing system, if the contract price of the specific
procurement contract is equal to or higher than the contract
price thresholds specified by the Cabinet.
(2) In the cases referred to in Paragraph one, Clause 1 or 2
of this Section a procurement contract or framework agreement
shall not be recognised as invalid, the provisions thereof shall
not be amended or repealed, the term of a procurement contract or
framework agreement shall not be reduced, even though the law has
been violated, if all of the following conditions are
concurrently present:
1) the contracting authority has published the notice referred
to in Section 30, 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 30, 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 contract price of the procurement is equal to or
higher than the contract price thresholds specified by the
Cabinet;
3) the prohibition specified in Section 68, Paragraph six of
this Law to conclude a procurement contract or framework
agreement has been complied with.
(3) In the cases referred to in Paragraph one, Clause 5 or 6
of this Section a procurement contract shall not be recognised as
invalid, the provisions thereof shall not be amended or repealed,
the term thereof shall not be reduced, even though the law has
been violated, if all of the following conditions are
concurrently present:
1) the contracting authority has informed the tenderers in
accordance with Section 37 of this Law;
2) the specific procurement contract has been concluded in
compliance with the time limit determined in Section 60,
Paragraph six of this Law;
3) the prohibition determined in Section 68, Paragraph six of
this Law to conclude a procurement contract has been complied
with.
[26 April 2018]
Section 75. Court Judgment Regarding
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 judgment:
1) recognise the procurement contract or framework agreement
as invalid from the moment of conclusion thereof;
2) amend or repeal the provisions of the procurement contract
or framework agreement. When adopting such judgment, a court
shall, in addition, reduce the term of the procurement contract
or framework agreement;
3) reduce the term of the procurement contract or framework
agreement.
(2) A court, when selecting one of the types of the judgment
referred to in Paragraph one of this Section, shall not be bound
by the subject-matter of the application indicated by the
applicant and the limits of the claim.
(3) A court, when selecting the type of the judgment referred
to in Paragraph one, Clause 1 or 2 of this Section, shall
evaluate which type of the judgment is sufficiently commensurate,
effective and preventive in the particular case in order to
ensure that the contracting authority would not commit the
infringements of this Law in future. A court shall make the
judgment referred to in Paragraph one, Clause 3 of this Section
only in the cases referred to in Paragraphs four and five of this
Section.
(4) A court shall not make the judgment referred to in
Paragraph one, Clause 1 or 2 of this Section if it is essential
for the public interests to preserve the consequences caused by
the procurement contract or framework agreement. Financial
consequences (for example, costs due to delay of performance,
change of the contractor, sanctions or other legal liabilities)
shall not be deemed per se sufficient grounds for not making the
judgment referred to in Paragraph one, Clause 1 or 2 of this
Section.
(5) If a procurement contract or framework agreement has been
concluded without complying with the term specified in Section
60, Paragraph six of this Law, or violating the prohibition
specified in Section 68, Paragraph six of this Law to conclude a
procurement contract or framework agreement, and it is
established that the procurement procedure until taking of the
decision on determination of the winner has been performed in
accordance with the requirements of this Law or the
abovementioned decision has not affected the chances of the
tenderer who has submitted an application to be awarded with the
procurement contract, the court shall make the judgment referred
to in Paragraph one, Clause 2 or 3 of this Section.
(6) When making any of the judgments referred to in Paragraph
one, Clauses 1 and 2 of this Section, a court shall take the
decision on validity of such procurement contracts which have
been concluded on the basis of the relevant framework
agreement.
(7) A court shall send a true copy of the court judgment to
the Procurement Monitoring Bureau and the Ministry of
Finance.
[26 April 2018]
Chapter
XI
Compensation for Losses
Section 76. Compensation for
Losses
(1) Losses caused within the scope of administrative
proceedings shall be compensated in accordance with the laws and
regulations governing the administrative procedure and the
procedures for compensation for losses caused by State
administration institutions. Cases on compensation for losses
shall be examined by the District Administrative Court under the
court proceedings in the composition of three judges.
(2) If compensation is requested concurrently with the claim
provided for in Section 73 of this Law, a court shall adjudge it
by examining the relevant application and making any of the
judgments referred to in Section 75, Paragraph one of this Law.
The burden of proof regarding existence of such losses and the
amount of compensation shall lie with the applicant. Following
the day when the judgment enters into effect, the compensation
for such losses may be requested in accordance with the civil law
procedures.
(3) When submitting a complaint to the Procurement Monitoring
Bureau in accordance with Section 68 of this Law, the
compensation for losses shall not be requested. Compensation for
losses caused by the contracting authority may be requested
concurrently with submitting an application to a court or
addressing the contracting authority in accordance with the laws
and regulations governing the compensation for losses caused by
State administration institutions.
Chapter
XII
Statistical Reports and Administrative Cooperation
Section 77. Statistical Reports
The contracting authority shall, by 1 April every year, submit
statistical reports to the Procurement Monitoring Bureau in
accordance with the procedures stipulated by the Cabinet. The
Cabinet shall determine the content of the statistical
reports.
Section 78. Online Repository of
Certificates
The contracting authorities can use online repository of
certificates (e-Certis) in order to obtain information on the
certificates and other documents to be issued by the competent
authorities to the economic operators registered (permanently
residing) in a European Union Member State.
Section 79. Administrative
Cooperation for Ensuring Exchange of Information
To reach the aim of this Law, the responsible authorities of
Latvia shall cooperate with and consult the responsible
authorities of other European Union Member States in order to
obtain and clarify the necessary information on the documents
issued by the European Union Member States and the content
thereof.
Chapter
XIII
Other Provisions
Section 80. Procedures for Executing
the Decision on the Prohibition to Hold the Office of a Public
Official
[5 December 2019 / See Paragraph 15 of Transitional
Provisions]
Section 81. Application of the Works
Contract Vocabulary
If the CPV data of the procurement vocabulary referred to in
Annex 1 to this Law differ from the NACE nomenclature which is
specified in Commission Regulation (EC) No 29/2002 of 19 December
2001 amending Council Regulation (EEC) No 3037/90 on the
statistical classification of economic activities in the European
Community, the relevant CVP nomenclature shall be applied.
Section 82. List of Low-tax or
Tax-free Countries or Territories Not Considered to Be
Offshore
The Procurement Monitoring Bureau shall compile and publish on
its website the list of those low-tax and tax-free countries and
territories which are not considered to be offshore within the
meaning of Section 1, Clause 3.1 of this Law.
[26 April 2018]
Section 83. Electronic Invoices
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 key elements and the procedures for its handling, and,
if it is provided for in the procurement contract, shall include
additional elements according to the abovementioned laws and
regulations. The Cabinet shall determine the applicable standard
of an electronic invoice and the specifications for the use of
its key elements and the procedures for its handling.
[21 February 2019 / See Paragraph 14 of Transitional
Provisions]
Chapter
XIV
Administrative Offences in the Field of Public Procurement and
Competence within the Administrative Offence Proceedings
[5 December 2019. Section
shall come into force on 1 July 2020. See Paragraph 15 of
Transitional Provisions]
Section 84. Unlawful Conclusion of a
Contract
(1) For conclusion of a procurement contract or a framework
agreement or for performance of any other such transaction which
corresponds to the nature of the procurement contract or
framework agreement, unless 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 are applied, a fine from
fourteen to two hundred and forty units of fine shall be
imposed.
(2) For conclusion of a procurement contract or a framework
agreement if inappropriately selected procurement procedure or
other procedures for the contract awarding laid down in this Law
have been applied, a fine from fourteen to two hundred and forty
units of fine shall be imposed.
(3) For conclusion of a procurement contract or a framework
agreement if the notice specified in this Law has not been
published on the website of the Procurement Monitoring Bureau and
in the Official Journal of the European Union, 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 Paragraphs 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
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 - shall be imposed.
[5 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 15 of Transitional
Provisions]
Section 85. Failure to Comply with
the Provisions for the Prevention of a Conflict of Interests
(1) For the failure to ensure the signing of the certification
specified in this Law on non-existence of such conditions because
of which it could be regarded that the person drawing up the
procurement procedure documents, members or experts of the
procurement commission are interested in the selection or
activity of the particular candidate or tenderer, or are related
to the particular candidate or tenderer, a warning or a fine from
fourteen to seventy fine units 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 drawing up the procurement
procedure documents, members and experts of the procurement
commission to represent the interests of a candidate or tenderer,
and also for the failure to comply with the prohibition to be
related with a candidate or tenderer, a fine from fourteen to
forty fine units shall be imposed.
[5 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 15 of Transitional
Provisions]
Section 86. Failure to Comply with
the Provisions for the Exclusion of Candidates and Tenderers,
Requirements for Their Selection and 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 fine units 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 procedure
documents if the application of the candidate or tender of the
tenderer has been unjustifiably rejected or unjustifiably
recognised as non-complying with the requirements laid down in
the procurement procedure documents and it has affected the
decision on the results of candidate selection or the decision on
awarding the contract, a fine from fourteen to seventy fine units
shall be imposed.
[5 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 15 of Transitional
Provisions]
Section 87. Failure to Comply with
the Provisions for the Conclusion of Procurement Contract and
Framework Agreement and Making Amendments Thereto
(1) For conclusion of a procurement contract or a framework
agreement if the waiting period specified in this Law has not
been 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 conclusion of a procurement contract or a framework
agreement if the prohibition specified in this Law to conclude a
procurement contract or a framework agreement after the
Procurement Monitoring Bureau has received a submission on
violation of the procurement procedure, or 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 conclusion of a procurement contract or a framework
agreement if the provisions provided for in the procurement
procedure documents are not included or different provisions are
included therein and if such possibility has not been provided
for in the procurement procedure documents in accordance with the
requirements of this Law or other provisions for amending a
procurement contract and a framework agreement 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 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.
(5) For the activities referred to in Paragraph one, two, or
four of this Section if the contract price of the concluded
procurement contract or framework agreement, or total contract
price of amendments is EUR 145 000 or more, a fine from seventy
to four hundred fine units 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 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 -
shall be imposed.
[5 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 15 of Transitional
Provisions]
Section 88. Failure to Provide
Documents and Information
(1) For the failure to comply with the provisions included in
this Law and the laws and regulations issued on the basis of this
Law during preparation of applications, tenders, or designs in
respect of ensuring the accessibility of procurement procedure
documents, the issue of procurement procedure documents, or the
provision of additional information, a warning or a fine from
fourteen to seventy units of fine shall be imposed.
(2) For the failure to comply with the procedures by which
candidates, tenderers, and participants to a design contest 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 requirements in respect
of issue of the minutes of the procurement commission, and also
for the failure to comply with the requirements of a decision or
procurement procedure, and the requirements for the preparation,
publishing, or issue of the report on design contest, a warning
or a fine from fourteen to seventy units of fine shall be
imposed.
(4) For the failure to publish the procurement contract,
framework agreement, or amendments thereof, a warning or a fine
from fourteen to seventy fine units shall be imposed.
(5) For the failure to submit a statistical report within the
time period specified in this Law or for the submission of an
incomplete report, a warning or a fine from fourteen to seventy
fine units shall be imposed.
[5 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 15 of Transitional
Provisions]
Section 89. Competence within the
Administrative Offence Proceedings
Administrative offence proceedings for the offences referred
to in Sections 84, 85, 86, 87, and 88 of this Law shall be
conducted by the Procurement Monitoring Bureau.
[5 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 15 of Transitional
Provisions]
Section 90. Procedures for the
Execution of the Decision to Prohibit the Exercise of the Right
to Hold Offices
(1) The Procurement Monitoring Bureau shall, within one
working day after the decision in an administrative offence case
has been communicated to the person upon whom a prohibition to
exercise the rights has been imposed - a prohibition to hold
offices the duties of which include taking of the decisions in
the field of public procurement and public-private partnership or
conclusion of procurement contracts, framework agreements,
partnership procurement contracts, or concession contracts,
inform all the authorities known to the Procurement Monitoring
Bureau in which the relevant person holds such office, and also
the higher authorities of such authorities (except for the case
when there is no higher authority or the Cabinet is the higher
authority) or owners or holders of capital shares, if the
relevant authority is a capital company, of the decision
taken.
(2) The Procurement Monitoring Bureau shall, within three
working days after receipt of the information on the fact that
the decision in the administrative offence case in which a
prohibition to exercise the rights has been imposed - a
prohibition to hold offices the duties of which include taking of
the decisions in the field of public procurement and
public-private partnership or conclusion of procurement
contracts, framework agreements, partnership procurement
contracts, or concession contracts, has entered into effect, send
the relevant information to the authorities referred to in
Paragraph one of this Section, and also publish in the
publication management system the given name, surname, personal
identity number of the person held administratively liable and
the time period for enforcement of the penalty. The
abovementioned information shall be available in the publication
management system for the users registered therein for the
performance of the duties specified in the law until the day when
the enforcement of the penalty ends.
(3) The authority in which the person upon whom a prohibition
to exercise the rights has been imposed - the prohibition to hold
offices the duties of which include taking of the decisions in
the field of public procurement and public-private partnership or
conclusion of procurement contracts, framework agreements,
partnership procurement contracts, or concession contracts, holds
such offices, has an obligation to ensure that after entering
into effect of the decision in the administrative offence case
the relevant person does not hold such offices, does not take the
decisions, and does not conclude contracts.
[5 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 15 of Transitional
Provisions]
Transitional
Provisions
1. With the coming into force of this Law, the Public
Procurement Law (Latvijas Republikas Saeimas un Ministru
Kabineta Ziņotājs, 2006, No. 10; 2007, No. 6; 2009, No. 17;
Latvijas Vēstnesis, 2010, No. 91, 2012, No. 24, 109; 2013,
No. 129, 183, 194; 2014, 175, 204; 2015, No. 107, 242; 2016, No.
52, 95) is repealed.
2. If the procurement or the procurement procedure has been
announced or the decision on commencement of the procurement or
the procurement procedure, if it is not required to announce the
procurement or the procurement procedure, has been taken prior to
the day of coming into force of this Law, then the procurement or
the procurement procedure shall be completed, including contested
or appealed, in accordance with the provision of the Law which
had been in force on the day of announcement of the relevant
procurement or the procurement procedure or taking of the
decision on commencement thereof, except for the provisions
included in Section 28, Paragraph two, Section 29, Section 30,
Paragraph one and Section 31, Paragraph two of this Law. The
concluded framework agreements shall be administered in
accordance with the provisions of the Law which had been in force
on the day of announcement of the relevant procurement or the
procurement procedure, as a result whereof the framework
agreement has been concluded.
3. Section 39, Paragraph one of this Law shall be
applicable:
1) with respect to the procurement procedures carried out by
the central purchasing bodies, where the estimated contract price
is equal to or higher than the contract price thresholds
specified by the Cabinet - starting from 18 April 2017;
2) with respect to the procurement procedures, where the
estimated contract price is equal to or higher than the contract
price thresholds specified by the Cabinet - starting from 1
October 2017;
3) with respect to the procurement procedures, where the
estimated contract price is less than the contract price
thresholds specified by the Cabinet - starting from 1 April
2018;
4) with respect to the procurements referred to in Sections 9
and 10 of this Law - starting from 1 January 2019, insofar as not
prescribed otherwise in Sub-clauses 5 and 6 of this Clause;
5) with respect to the procurements referred to in Sections 9
and 10 of this Law which are carried out by derived public
persons and their institutions - starting from 1 October
2019;
6) with respect to the procurements referred to in Sections 9
and 10 of this Law, which are carried out by legal persons
governed by private law - starting from 1 July 2020.
[20 September 2018]
4. [30 April 2020]
5. Section 18, Paragraph one of this Law shall be applicable
from 1 June 2017.
6. The Procurement Monitoring Bureau shall publish in the
publication management system information referred to in Section
80, Paragraph three of this Law regarding all decisions in the
administrative violation cases in the field of public
procurements and public and private partnership, where the
prohibition is imposed to hold the offices of a public official,
which have come into force and the execution whereof has not been
terminated.
7. If a decision in the administrative violation case in the
field of public procurements and public and private partnership,
where the prohibition is imposed to hold the offices of a public
official, has been communicated to a person who has been held
administratively liable prior to coming into force of this Law,
and it has not yet come into force, the Procurement Monitoring
Bureau shall fulfil the duty referred to in Section 80, Paragraph
one of this Law with respect to such decision by 10 March
2017.
8. The contracting authorities shall submit the statistical
reports for 2016 by applying the Cabinet Regulation No. 121 of 1
March 2016, Regulations Regarding the Templates for Official
Statistical Forms in the Field of Procurement and the Procedures
for Submitting and Completing the Forms.
9. The amendment to Section 1, Clause 23 of this Law shall
come into force on 1 January 2019.
[26 April 2018]
10. The conditions for exclusion of the candidates or
tenderers referred to in Section 9, Paragraph eight, Clause 5 and
Section 42, Paragraph one, Clauses 12, 13, and 14 of this Law
shall not apply to such procurements or such procurement
procedures which were commenced or announced prior to the day of
coming into force of these norms.
[26 April 2018]
11. The amendment to this Law regarding the new wording of
Section 42, Paragraph one, Clause 1, Sub-clause "d" shall come
into force on 1 January 2019.
[20 September 2018]
12. The requirements referred to in the second sentence of
Section 9, Paragraph twenty and the second sentence of Section
10, Paragraph one of this Law for the procurements with respect
to the security services covered by CPV code 79710000-4 shall not
be applicable to these procurements if they have been commenced
or announced prior to the coming into force of the relevant
norms.
[14 February 2019]
13. Amendments to this Law regarding the new wording of
Section 60, Paragraph ten shall not apply to the procurement
contracts, the framework agreement or their amendments concluded
before the day of coming into force of this norm, and they are to
be stored in the buyer profile in accordance with the provisions
of Section 60 which were in force before the day of coming into
force of the new wording of Paragraph ten of this Section.
Amendments to the procurement contract or a framework agreement
made after the day of coming into force of the new wording of
Section 60, Paragraph ten, and also the procurement contract
concluded on the basis of a framework agreement which is
concluded before the day of coming into force of the relevant
amendments, are to be posted in the buyer profile together with
the basic text of the relevant procurement contract or framework
agreement.
[14 February 2019]
14. The institutions of direct administration shall apply
Section 60, Paragraph two, Clause 8.1 and Section 83
of this Law to the payment of such procurement contracts for
which the procurement or the procurement procedure has been
announced or the decision on commencement of the procurement or
the procurement procedure, if it is not required to announce the
procurement or the procurement procedure, has been taken starting
from 18 April 2019, but the other contracting authorities -
starting from 18 April 2020.
[21 February 2019]
15. Amendment to this Law which provides for the replacement
of the words "prohibition to hold the office of public official"
with the words "prohibition to exercise rights - a prohibition to
hold such offices the duties of which include taking 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" in
Clause 25 of Section 1, amendment regarding the new wording of
Section 24, Paragraph one, amendment regarding the deletion of
Section 80, and Chapter XIV shall come into force concurrently
with the Law on Administrative Liability.
[5 December 2019]
Informative
Reference to European Union Directives
[21 February 2019]
This Law contains norms arising from:
1) Council Directive 89/665/EEC of 21 December 1989 on the
coordination of the laws, regulations and administrative
provisions relating to the application of review procedures to
the award of public supply and public works contracts;
2) Directive 2007/66/EC of the European Parliament and of the
Council of 11 December 2007 amending Council Directives
89/665/EEC and 92/13/EEC with regard to improving the
effectiveness of review procedures concerning the award of public
contracts;
3) Directive 2009/33/EC of the European Parliament and of the
Council of 23 April 2009 on the promotion of clean and
energy-efficient road transport vehicles;
4) Directive 2009/52/EC of the European Parliament and of the
Council of 18 June 2009 providing for minimum standards on
sanctions and measures against employers of illegally staying
third-country nationals;
5) Directive 2012/27/EU of the European Parliament and of the
Council of 25 October 2012 on energy efficiency, amending
Directives 2009/125/EC and 2010/30/EU and repealing Directives
2004/8/EC and 2006/32/EC;
6) Directive 2014/24/EU of the European Parliament and of the
Council of 26 February 2014 on public procurement and repealing
Directive 2004/18/EC;
7) Directive 2014/55/EU of the European Parliament and of the
Council of 16 April 2014 on electronic invoicing in public
procurement.
This Law shall come into force on 1 March 2017.
This Law has been adopted by the Saeima on 15 December
2016.
President R. Vējonis
Riga, 29 December 2016
Public Procurement Law
Annex 1
Works Contract
Vocabulary
Classification of
Economic Activities in the European Union (NACE) |
CPV code |
SECTION F |
CONSTRUCTION |
Division |
Group |
Class |
Subject |
Notes |
45 |
|
|
Construction |
This division includes:
construction of new buildings and construction work,
restoring and common repairs
|
45000000 |
|
45.1 |
|
Site
preparation |
|
45100000 |
|
|
45.11 |
Demolition and
wrecking of buildings; earth moving |
This class includes:
1) demolition of buildings and other structures;
2) clearing of building sites;
3) earth moving: excavation, landfill, levelling and
grading of construction sites, trench digging, rock
removal, blasting, etc.;
4) site preparation for mining: overburden removal and
other development and preparation of mineral properties and
sites.
This class also includes:
1) building site drainage;
2) drainage of agricultural or forestry land.
|
45110000 |
|
|
45.12 |
Test drilling and
boring |
This class includes:
test drilling, test boring and core sampling for
construction, geophysical, geological or similar
purposes.
This class excludes:
1) drilling of production oil or gas wells,
see 11.20;
2) water well drilling,
see 45.25;
3) shaft sinking, see 45.25;
4) oil and gas field exploration, geophysical,
geological and seismic surveying,
see 74.20.
|
45120000 |
|
45.2 |
|
Building of complete
constructions or parts thereof; civil engineering |
|
45200000 |
|
|
45.21 |
General construction
of buildings and civil engineering works |
This class includes:
1) construction of all types of buildings, construction
and civil engineering constructions;
2) bridges, including those for elevated highways,
viaducts, tunnels and subways;
3) long-distance pipelines, communication and power
lines;
4) urban pipelines, urban communication and power
lines;
5) ancillary urban work;
6) assembly and erection of prefabricated constructions
on the site.
This class excludes:
1) service activities incidental to oil and gas
extraction,
see 11.20;
2) erection of complete prefabricated constructions from
self-manufactured parts not of concrete,
see divisions 20, 26 and 28;
3) construction work, other than buildings, for
stadiums, swimming pools, gymnasiums, tennis courts, golf
courses and other sports installations,
see 45.23;
4) building installation,
see 45.3;
5) building completion,
see 45.4;
6) architectural and engineering activities,
see 74.20;
7) project management for construction,
see 74.20.
|
45210000
Excluding:
45213316
45220000
45231000
45232000
|
|
|
45.22 |
Erection of roof
covering and frames |
This class includes:
1) erection of roofs;
2) roof covering;
3) waterproofing.
|
45261000 |
|
|
45.23 |
Construction of
highways, roads, airfields and sport facilities |
This class includes:
1) construction of highways, streets, roads and other
vehicular and pedestrian ways;
2) construction of railways;
3) construction of airfield runways;
4) construction work, other than buildings, for
stadiums, swimming pools, gymnasiums, tennis courts, golf
courses and other sports installations;
5) painting of markings on road surfaces and car
parks.
This class excludes:
preliminary earth moving,
see 45.11
|
45212212 and DA03
45230000
Excluding:
45231000
45232000
45234115
|
|
|
45.24 |
Construction of
water projects |
This class includes:
1) construction of waterways, harbour and river works,
pleasure ports (marinas), locks, etc.;
2) construction of dams and dykes;
3) dredging;
4) subsurface work.
|
45240000 |
|
|
45.25 |
Other construction
work involving special trades |
This class includes:
1) construction activities specialising in one aspect
common to different kinds of structures, requiring
specialised skill or equipment;
2) construction of foundations, including pile
driving;
3) water well drilling and construction, shaft
sinking;
4) assembly of non-self-manufactured steel elements;
5) steel bending;
6) bricklaying and stone setting;
7) scaffolds and work platform erecting and dismantling,
including renting of scaffolds and work platforms;
8) erection of chimneys and industrial ovens.
This class excludes:
renting of scaffolds without assembly and
dismantling,
see 71.32
|
45250000
45262000
|
|
45.3 |
|
Building
installation |
|
45300000 |
|
|
45.31 |
Installation of
electrical wiring and fittings |
This class includes:
installation in buildings or other construction projects
of:
1) electrical wiring and fittings;
2) telecommunications systems;
3) electrical heating systems;
4) residential antennae;
5) fire alarms;
6) burglar alarm systems;
7) lifts and escalators;
8) lightning conductors, etc.
|
45213316
45310000
Excluding:
45316000
|
|
|
45.32 |
Insulation work
activities |
This class includes:
installation of thermal, sound or vibration insulation
in buildings or other construction projects.
This class excludes:
waterproofing,
see 45.22
|
45320000 |
|
|
45.33 |
Plumbing |
This class includes installation in buildings or other
construction projects of:
1) plumbing and sanitary equipment;
2) gas fittings;
3) heating, ventilation, refrigeration or
air-conditioning equipment and ducts;
4) sprinkler systems.
This class excludes:
installation of electrical heating systems,
see 45.31
|
45330000 |
|
|
45.34 |
Other building
installation |
This class includes:
1) installation of illumination and signalling systems
for roads, railways, airports and harbours;
2) installation in buildings or other construction
projects of fittings and fixtures not elsewhere
classified
|
45234115
45316000
45340000
|
|
45.4 |
|
Building
completion |
|
45400000 |
|
|
45.41 |
Plastering |
This class includes:
application in buildings or other construction projects
of interior and exterior plaster or stucco, including
related lathing materials.
|
45410000 |
|
|
45.42 |
Joinery
installation |
This class includes:
1) installation of not self-manufactured doors, windows,
door and window frames, fitted kitchens, staircases, shop
fittings and the like, of wood or other materials;
2) interior completion (ceilings, wooden wall coverings,
movable partitions, etc.).
This class excludes:
laying of parquet and other wood floor coverings,
see 45.43
|
45420000 |
|
|
45.43 |
Floor and wall
coverings |
This class includes laying, tiling, hanging or fitting in
buildings or other construction projects of:
1) ceramic, concrete or cut stone floor or wall
tiles;
2) parquet and other wood floor coverings, carpets and
linoleum floor coverings;
3) rubber or plastic floor coverings;
4) terrazzo, marble, granite or slate floor or wall
coverings;
5) wallpaper.
|
45430000 |
|
|
45.44 |
Painting and
glazing |
This class includes:
1) interior and exterior painting of buildings;
2) painting of civil engineering structures;
3) installation (glass, mirrors, etc.).
This class excludes:
installation of windows,
see 45.42
|
45440000 |
|
|
45.45 |
Other building
completion |
This class includes:
1) installation of private swimming pools;
2) steam cleaning, sand blasting and similar activities
for building exteriors;
3) other building completion and finishing work not
elsewhere classified.
This class excludes:
interior cleaning of buildings and other structures,
see 74.70
|
45212212 and DA04
45450000
|
|
45.5 |
|
Renting of
construction or demolition equipment with operator |
|
45500000 |
|
|
45.50 |
Renting of
construction or demolition equipment with operator |
This class excludes:
renting of construction or demolition machinery and
equipment
(without an operator), see 71.32
|
45500000 |
Public Procurement Law
Annex 2
Social and
other special services
No. |
Description |
CPV
code |
1. |
Health, social and related
services |
75200000-8, 75231200-6,
75231240-8, 79611000-0, 79622000-0 (supply services of
domestic help personnel),
79624000-4 (supply services of nursing personnel), 79625000-1
(supply services of medical personnel), from 85000000-9 to
85323000-9, 98133100-5, 98133000-4, 98200000-5, 98500000-8
(private households with employed persons), from 98513000-2
to 98514000-9 (manpower services for households, agency staff
services for households, clerical staff services for
households, temporary staff for households, home-help
services and domestic services) |
2. |
Administrative, social,
educational, health care and cultural services |
85321000-5, 85322000-2,
75000000-6 (administration, defence and social security
services),
75121000-0, 75122000-7, 75124000-1, from 79995000-5 to
79995200-7, from 80000000-4 (education and training services)
to 80660000-8, from 92000000-1 to 92700000-8,
79950000-8 (exhibition, fair and congress organisation
services), 79951000-5 (seminar organisation services),
79952000-2 (event services), 79952100-3 (cultural event
organisation services), 79953000-9 (festival organisation
services), 79954000-6 (party organisation services),
79955000-3 (fashion shows organisation services), 79956000-0
(fair and exhibition organisation services) |
3. |
Compulsory social security
services |
75300000-9 |
4. |
Benefit services |
75310000-2, 75311000-9,
75312000-6, 75313000-3, 75313100-4, 75314000-0, 75320000-5,
75330000-8, 75340000-1 |
5. |
Other community, social and
personal services including services furnished by trade
unions, political organisations, youth associations and other
membership organisation services |
98000000-3, 98120000-0,
98132000-7, 98133110-8, 98130000-3 |
6. |
Religious services |
98131000-0 |
7. |
Hotel and restaurant
services |
From 55100000-1 to 55410000-7,
from 55521000-8 to 55521200-0,
55521000-8 (catering services for private households),
55521100-9 (meals-on-wheels services), 55521200-0 (meal
delivery service), 55520000-1 (catering services), 55522000-5
(catering services for transport enterprises), 55523000-2
(catering services for other enterprises or other
institutions), 55524000-9 (school catering services);
55510000-8 (canteen services), 55511000-5 (canteen and other
restricted-clientele cafeteria services), 55512000-2 (canteen
management services), 55523100-3 (school-meal services) |
8. |
Legal services |
From 79100000-5 to 79140000-7,
75231100-5 |
9. |
Other administrative services
and government services |
From 75100000-7 to 75120000-3,
75123000-4, from 75125000-8 to 75131000-3 |
10. |
Provision of services to the
community |
From 75200000-8 to
75231000-4 |
11. |
Prison related services, public
security and rescue services, provided that they are not
excluded in accordance with Section 3, Paragraph one, Clause
10 of this Law |
From 75231210-9 to 75231230-5,
from 75240000-0 to 75252000-7, 794300000-7, 98113100-9 |
12. |
Investigation and security
services |
From 79700000-1 to 79721000-4
(investigation and security services, security services,
alarm-monitoring services, guard services, surveillance
services, tracing system services, absconder-tracing
services, patrol services, identification badge release
services, investigation services and detective agency
services) 79722000-1 (graphology services), 79723000-8 (waste
analysis services) |
13. |
International services |
98900000-2 (services provided by
extra-territorial organisations and bodies) and 98910000-5
(services specific to international organisations and
bodies) |
14. |
Postal services |
64000000-6 (postal and telecommunications services),
64100000-7 (post and courier services), 64110000-0 (postal
services), 64111000-7 (postal services related to
newspapers and periodicals), 64112000-4 (postal services
related to letters), 64113000-1 (postal services related to
parcels), 64114000-8 (post office counter services),
64115000-5 (mailbox rental), 64116000-2 (post-restante
services),
64122000-7 (internal office mail and messenger
services)
|
15. |
Miscellaneous services |
50116510-9 (tyre-remoulding
services), 71550000-8 (blacksmith services) |
1 The Parliament of the Republic of
Latvia
wTranslation © 2020 Valsts valodas centrs (State
Language Centre)