Regulations Regarding a Deposit Payment

Issued pursuant to
Section 70, Paragraph seven of the Public Procurement Law,
Section 74, Paragraph seven of the Law on the Procurement
of Public Service Providers and Section 29.²,
Paragraph seven of the Law on Public-Private Partnership

[3 May 2017]

I. General Provisions

1. This Regulation prescribes the procedures for lodging or submitting, and repaying or returning the deposit.

2. The deposit payment in the amount laid down in Section 70, Paragraph three of the Public Procurement Law or Section 74, Paragraph three of the Law on the Procurement of Public Service Providers, or Section 29.², Paragraph three of the Law on Public-Private Partnership shall be paid into the account of the Procurement Monitoring Bureau or submitted as a bank guarantee or an insurance policy.

[3 May 2017]

II. Payment of a Deposit into the Account of the Procurement Monitoring Bureau

3. Information on the requisites of the deposit payment order shall be placed on the website of the Procurement Monitoring Bureau (www.iub. gov.lv).

4. Upon making a deposit payment, a person shall ensure that it is identifiable. The following information shall be indicated in the deposit payment order:

4.1. name of the submitter of the application on the procurement or concession procedure violations (hereinafter - the application) or, if the submitter of the application is a natural person, a given name and surname;

4.2. name of the contracting authority or public service provider, or public partner, or its representative;

4.3. the procurement identification number regarding which the application is submitted.

[3 May 2017]

5. The deposit payment in the amount laid down in Section 70, Paragraph three of the Public Procurement Law or Section 74, Paragraph three of the Law on the Procurement of Public Service Providers, or Section 29.², Paragraph three of the Law on Public-Private Partnership must be paid into the account of the Procurement Monitoring Bureau by the time when the application is submitted to the Procurement Monitoring Bureau.

[3 May 2017]

6. If the Procurement Monitoring Bureau, upon carrying out verification referred to in Section 70, Paragraph four of the Public Procurement Law or Section 74, Paragraph four of the Law on the Procurement of Public Service Providers, or Section 29.², Paragraph four of the Law on Public-Private Partnership, cannot identify the deposit payment or has detected that the deposit payment has not been paid in full, it shall be deemed that the deposit payment has not been received.

[3 May 2017]

III. Submission of the Deposit as a Bank Guarantee or an Insurance Policy

7. A guarantee of a credit institution registered in the Republic of Latvia or a Member State of the European Union or European Economic Area, or an insurance policy of an insurer who has received a licence of the relevant insurance class shall be submitted as a deposit.

8. Deposit as a bank guarantee or an insurance policy shall be submitted to the Procurement Monitoring Bureau within the deadline specified in Section 68, Paragraph two of the Public Procurement Law or Section 72, Paragraph two of the Law on the Procurement of Public Service Providers, or Section 29, Paragraph two of the Law on Public-Private Partnership. The originals of the documents shall be submitted.

[3 May 2017]

9. If a deposit is submitted as an insurance policy, a document attesting to the payment of the insurance premium shall be attached to the application. An appropriately filled-in payment order approved by a credit institution or a copy thereof, which has been certified by the credit institution, shall be regarded as the document attesting to the payment. If the insurance premium has not been paid in full amount specified in the insurance policy by the time the original of the insurance policy is submitted to the Procurement Monitoring Bureau, it shall be deemed that the deposit has not been submitted.

10. A bank guarantee or an insurance policy must be valid at least for four months from the day when the application is submitted to the Procurement Monitoring Bureau.

11. If the deposit is submitted as a bank guarantee or an insurance policy, the following information shall be indicated in the bank guarantee or insurance policy:

11.1. name of the submitter of the application or, if the submitter of the application is a natural person, a given name and surname;

11.2. name of the contracting authority or public service provider, or public partner, or its representative;

11.3. the procurement identification number regarding which the application is submitted;

11.4. the bank guarantee or insurance amount in the amount specified in Section 70, Paragraph three of the Public Procurement Law or Section 74, Paragraph three of the Law on the Procurement of Public Service Providers, or Section 29.², Paragraph three of the Law on Public-Private Partnership;

11.5. if an insurance policy is submitted - the amount of insurance premium;

11.6. information on circumstances upon occurrence of which the Procurement Monitoring Bureau may submit a request to pay out the bank guarantee or insurance amount in accordance with Paragraph 15 of this Regulation;

11.7. commitment of the credit institution or insurer to pay out, upon the first request and within five working days, to the Procurement Monitoring Bureau a bank guarantee or insurance amount, without requesting any additional proofs or explanations;

11.8. the date for the entry in effect and period of validity of the bank guarantee or insurance policy in accordance with Paragraph 10 of this Regulation.

[3 May 2017]

12. If, upon performing the verification referred to in Section 70, Paragraph four of the Public Procurement Law or Section 74, Paragraph four of the Law on the Procurement of Public Service Providers, or Section 29.², Paragraph four of the Law on Public-Private Partnership, it is detected that the bank guarantee or insurance policy does not comply with the conditions referred to in Paragraphs 7, 8, 9, 10, and 11 of this Regulation, it shall be deemed that the deposit has not been submitted.

[3 May 2017]

IV. Procedures for Repaying the Deposit Paid into the Account of the Procurement Monitoring Bureau

13. The Procurement Monitoring Bureau shall repay the deposit payment paid into the account of the Procurement Monitoring Bureau to a person who has made the deposit payment:

13.1. within five working days after the setting in of the cases referred to in Section 70, Paragraph five of the Public Procurement Law or Section 74, Paragraph five of the Law on the Procurement of Public Service Providers, or Section 29.², Paragraph five of the Law on Public-Private Partnership;

13.2. within five working days, if the deposit payment has been received for challenging the legal validity of discontinuation of the procurement or concession procedure or the requirements laid down in the procurement or concession procedure;

13.3. within five working days after receipt of the deposit payment into the account of the Procurement Monitoring Bureau in the case referred to in Paragraph 6 of this Regulation;

13.4. within a month after receipt of the deposit payment into the account of the Procurement Monitoring Bureau, if the deposit payment has been paid, but the application has not been received at the Procurement Monitoring Bureau within the deadline specified in Section 68, Paragraph two of the Public Procurement Law or Section 72, Paragraph two of the Law on the Procurement of Public Service Providers, or Section 29, Paragraph two of the Law on Public-Private Partnership.

[3 May 2017]

14. The deposit payment shall be transferred to the account from which the deposit payment was made.

V. Returning of a Deposit which Was Submitted as a Bank Guarantee or an Insurance Policy

15. The Procurement Monitoring Bureau shall submit to the issuer of the bank guarantee or insurer (the request is concurrently sent also to the submitter for information) a request, signed with a safe electronic signature, to pay out the bank guarantee or insurance amount, by transferring it to the account of the Procurement Monitoring Bureau, within five working days after the day:

15.1. when the decision has come into effect to allow the contracting authority or public service provider, or public partner, or its representative to conclude a procurement or concession contract;

15.2. when the decision has come into effect to maintain valid the decision of the contracting authority or public service provider on termination of a procurement procedure, or decision of the public partner or its representative, or the Concession Procedure Commission on termination of the concession procedure;

15.3. when the revocation of application is received until the application is reviewed by the Application Review Commission, and the contracting authority or public service provider, or public partner, or its representative, or the Concession Procedure Commission has not rectified the violations referred to in the application.

[3 May 2017]

16. The Procurement Monitoring Bureau shall repay the amount lodged in accordance with the procedures laid down in Paragraph 15 of this Regulation within five working days after the receipt of a copy of the court judgement, if by the final judgement the court orders to repay the lodged deposit payment to the applicant. If the deposit has been submitted as an insurance policy, the insurance amount paid out in accordance with Paragraph 15 of this Regulation shall be repaid to the insurer or submitter upon the receipt of a written consent from the insurer.

17. If the deposit which is submitted as a bank guarantee or an insurance policy must be returned to the submitter in the case referred to in Section 70, Paragraph five, Clauses 1, 3, and 4 of the Public Procurement Law or Section 74, Paragraph five, Clauses 1, 3, and 4 of the Law on the Procurement of Public Service Providers, or Section 29.², Paragraph five, Clauses 1, 3, and 4 of the Law on Public-Private Partnership, and also in the case referred to in Paragraph 12 of this Regulation, the Procurement Monitoring Bureau shall, within five working days upon setting in of the relevant cases, submit to the submitter of the bank guarantee or insurer an application (signed with a safe electronic signature) regarding releasing the submitter of the bank guarantee from its obligations and concurrently send it to the submitter of the deposit for information.

[3 May 2017]

18. The Procurement Monitoring Bureau shall not repay to the submitter expenses related to the issuance of the bank guarantee or conclusion of the insurance contract and preparation of the policy, including insurance premium.

VI. Closing Provisions

19. This Regulation shall come into force on 1 March 2017.

20. In procurements carried out in accordance with the Law on the Procurement of Public Service Providers this Regulation shall be applied from 1 April 2017.

Prime Minister Māris Kučinskis

Minister for Finance Dana Reizniece-Ozola

Translation © 2018 Valsts valodas centrs (State Language Centre)