Amendment Of Public Service Provider Procurement Law

Original Language Title: Grozījumi Sabiedrisko pakalpojumu sniedzēju iepirkumu likumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/95.2


The Saeima has adopted and the President promulgated the following laws: the amendments to the public service act to make the purchase public service procurement Act (Latvian journal 2010, 140. No, 188, 191; 2013. no; 2015, 2016, 107 no; no 57) the following amendments: 1. Replace article 1, paragraph 2, the words in subparagraph "c" and the number "this law, those referred to in annex 2 of" with the words "and the number of services that are not mentioned in annex 1 of this law. providing ". 2. in article 11: adding to article 3.1 part as follows: "(31) If the public service apply to negotiated procedure in accordance with the third paragraph of this article, paragraph 6, that the notice of the results of the procurement procedure, specify the information about the original contract price of the contract and the total contract price after changes in the Treaty. '; express the fifth and sixth the following: "(5) If a contract concluded for this law, 2. the services referred to in the annex and the estimated contract price does not exceed eur 1 000 000, the public service may not apply this statutory procurement procedures, with the exception of this law, 20, 32, 56, 59 and 60 articles. Public service provider before making the purchase shall publish a notice about the purchase of your home page on the internet by specifying the period for the submission of tenders and the place where the technical specifications are available. If the contract concluded for this law, 2. the services referred to in the annex and the estimated contract price exceeds 1 000 000 euro, for the public service apply this statutory procurement procedures. (6) the right to conclude a purchase contract, which has two or more purchase (works, services or supplies), granted in accordance with the rules applicable to procurement, which is the main subject of the purchase contract. Purchase contracts the object of which in part includes in annex 2 of this law the services and other services or partial services delivery, and the main subject and the applicable procurement procedure is determined by where a service or supply the estimated contract price is the highest. " 3. To supplement the law with the V1 as follows: section "V1. Purchasing Commission and its operating principles article 27.1. Procurement Commission (1) to carry out the procurement procedure, a public service provider creates the purchase Commission. Purchase Commission to create each purchase basis or for a fixed period, or as permanent functioning institutions. When you create a purchase Commission, the public service will ensure that this Commission would be competent in the area will be closed. Purchase by the Commission in the performance of their duties, shall be entitled to call on experts. Public service provider creates the purchase Commission, composed of at least three members. (2) a Person who carries out his activity in the purchase Commission is created under this law, are not considered to be public officials act "On the prevention of conflicts of interest in the activities of public officials". Article 27.2. Purchase the basic principles of the activities of the Commission (1) the procurement documentation drafts (public service officer or employee), buying the members of the Commission and the experts may not represent the interests of the candidate or tenderer, and must not be associated with a candidate or tenderer. The meaning of this part of the procurement documentation drafts (public service officer or employee), the purchase, the Member of the Commission and the expert is associated with a candidate or tenderer, if he is a legal person: 1) — candidates, tenderers or subcontractor — current or former officer, employee, Member, shareholder, or member of prokūrist, and if this relationship with the legal person run out of the last 24 months; 2) legal persons: the candidate, the applicant or a subcontractor, shareholder, which owns at least 10 percent of the shares, Member, or officer in prokūrist father, mother, grandfather, grandmother, child, adoptive parent, the adopted grandchild, brother, sister, half-brother, half-sister, spouse (relative); 3) natural persons — candidates, tenderers or subcontractor — kin.
(2) the procurement documentation compilers (public service officer or employee), the purchase of the members of the Commission and experts in relation with the candidate or tenderer shall apply also in the case where the candidate or tenderer is a personal association, whose members are natural or legal persons with which the purchase document preparer (public service officer or employee) or the Member of the Commission, or an expert is the first part of this article 1, 2, and 3. the obligations referred to in paragraph 1. (3) the procurement documentation drafts (public service officer or employee), the members of the Commission and of the procurement experts sign a declaration that there are no circumstances which would lead to believe that they are interested in a particular choice of the candidate or tenderer or activity or that they are associated with the first part of this article. (4) the procurement Commission organizes and directs the work of the Commission, meetings of the Commission shall determine the place, time and agenda, convene and chair the meetings of the Commission, as well as provide the proof referred to in the third subparagraph of the signing. (5) procurement decisions of the Commission. Purchase Commission is valid if its sitting on at least two-thirds of the members of the Commission. The number of members of the Commission shall be determined by the results rounded up. Purchase the Commission takes decisions by a simple majority. If you purchase the votes of the members of the Commission split on the casting vote of the Chairman of the Commission. Member of the Commission should not refrain from making a decision. (6) each Member of the Commission of the purchase offer valued individually by all procurement documents specified assessment criteria, except for comparison and evaluation of quotations are used only for the price. The most economically advantageous tender it recognises that, in compiling the individual reviews, won the highest rating. " 4. Express article 28, first paragraph, point 2 as follows: "2) in the case of service contracts, the contract or the General Agreement and the total estimated contract price that the public service is going to close down within the next 12 months [with reference to procurement of nomenclature (CPV)] where this Treaty or the General Agreement total estimated contract price is equal to the contract price of the Cabinet of Ministers set boundaries or more;". 5. Express article 32 the third subparagraph, the first sentence as follows: "If the subject of the contract is the law referred to in annex 2, the public service announcement on the results of the procurement procedure, whether it agrees to complete the publication of this notice." 6. Supplement article 41 with 2.1 part as follows: "(21) where the public service as a candidate and qualification requirements applicants to determine the annual minimum financial performance, it may not be more than two values of expected contract price, except where the performance is associated with specific risks of the works concerned, the services or the nature of the supply. Public service grounds for the application of exceptions to provide procurement documents. " 7. Supplement article 42 to the sixth part as follows: "(6) where the public service provider determines that the person to whom the possibilities of the candidate or tenderer is based, to demonstrate that it meets the qualifications in the statement of agreement or procurement documents comply with the requirements of the first subparagraph 1., 2., 3., 4 or 5 the exclusion referred to in case it requires that the candidate or tenderer is replaced, the person concerned. Where the candidate or tenderer within 10 working days of the request for service or the date of the documents does not submit a new notice of contract or procurement procedures according to the requirements laid down in the documents of the subcontractor or person to whom the possibilities of the candidate or tenderer is based, to demonstrate that it meets the qualifications in the statement of agreement or procurement documents the requirements public service off of tenderers or candidates concerned from participating in the procurement procedure. " 8. To supplement the law with article 42.1 as follows: "article 42.1. To ensure the reliability of evaluation evidence

(1) If a candidate or a member of a partnership, if the applicant is a partnership, corresponds to this law, the first paragraph of article 42 of the 1, 2, 3 or 4, above, the exclusion of candidates, the application shall be accompanied by an explanation and evidence of damages caused to or concluded agreement for reimbursement of damage, consorting with the investigation authorities and the technical, organisational or personnel measures to prove its reliability and prevent the same and similar cases from happening again in the future. (2) If the applicant or a member of a partnership, if the applicant is a partnership, corresponds to this law, the first paragraph of article 42 of the 1, 2, 3 or 4, above, the applicant in case of exclusion in their offer and if it is recognized as such, which should be awarded the contract shall submit interpretation and proof of damages caused to or concluded agreement for reimbursement of damage, consorting with the investigation authorities and the technical , or a network of institutional measures to prove its reliability and prevent the same and similar cases from happening again in the future. (3) where the candidate or tenderer shall submit interpretation and not evidence, public service excludes the candidate or candidates from participation in a procurement procedure as appropriate this Act 42 the first paragraph of article 1, 2, 3, or 4. the exclusion referred to in point. (4) the public service provider evaluate candidates, tenderers or members of a partnership, where the candidate or tenderer is a partnership, the measures taken and the evidence, taking into account the criminal offence or the gravity of the infringement and the circumstances involved. Public service provider may require that the offence or irregularity, the competent authorities in the field of opinions of candidates or tenderers in the adequacy of the measures taken to restore trust and the same and similar accidents in the future. (5) where the public service activities shall be deemed sufficient for the restoration of confidence and the prevention of similar cases in the future, it shall take a decision not to exclude the candidate or candidates from participation in a procurement procedure. If the measures taken are insufficient, the public service provider decides to turn off of the candidates or from further participation in the procurement procedure. " 9. To supplement the law with article 45 as follows: "article 45.1. Single European procurement procedures document (1) of the public service adopts the single European procurement procedures document as evidence of the original compliance notice of contract or procurement procedures set out in the documents the applicant and candidate selection. If the supplier has chosen to present the single European procurement procedures document to certify that it complies with the notice of contract or procurement procedures set out in the documents the applicant and candidate selection requirements, it shall submit this document also for each person, which features the candidate or tenderer is based, to demonstrate that it meets the qualifications in the statement of agreement or procurement documents. The supplier shall submit a separate European Union joint procurement procedures document for each of its members. (2) a supplier may public service provider to submit the single European procurement procedures document that has been filed in another procurement procedure if it confirms that the information it contains is accurate. (3) the joint procurement procedure document sample forms by the European Commission of 5 January 2016-2016/7 of the implementing regulation establishing standard forms for the single European procurement procedures document. " 10. Add to article 47 with 2.1 part as follows: "(21) the public service provider at any stage of the procurement procedure has the right to require that the applicant and the applicant shall submit all or part of the documents certifying the compliance with the notice of contract or procurement procedures set out in the documents the applicant and candidate selection. The public service does not require any documents and information that is already available or available in public databases. " 11. Express article 86 of the fourth subparagraph by the following: "(4) this article is the first part of the information referred to in paragraph 1 shall not include information concerning contracts for telecommunications services, the positions of which in the nomenclature of the purchase (CPV) meet the CPC nomenclature numbers 7524, 7525 records and 7526, and research and development services, which correspond to the purchase of the nomenclature codes (CPV) from 73000000-2 to 73436000-7 (except 73200000-4 to 73220000-, 73210000-7, 0)." 12. transitional provisions be supplemented with 19, 20 and 21 of the following paragraph: "19. Procurement procedures that advertised or launched (if not be published in the membership invitation) until 2016 May 19, as well as article 11 of this law in the fifth subparagraph, such purchases undertaken by 2016 of 19 may, completed, including challenging or contesting, in accordance with the provisions of this law that was in effect at the relevant notification of procurement procedure or on opening day or purchase on opening day as far as the transitional rule in paragraph 20 or 21 is not otherwise specified. 20. If delivery contract or service agreement contract price is equal to or greater than 418 000 euros and a works contract contract price is equal to or greater than eur 5 225 000, this law, article 42 and 42.1 of the sixth article (editorial, which shall enter into force on 20 may 2016) apply in respect of the procurement procedures that advertised or launched (if there is no invitation for membership to be published) in the period from 2016 on 18 April and 19 may 2016 for as well as article 11 of this law in the fifth subparagraph, such contracts (if was intended to apply to this law, the provisions of article 42), undertaken during the period from 2016 on 18 April and 19 may 2016. 21. If the delivery contract or service agreement contract price is equal to or greater than 418 000 euros and a works contract contract price is equal to or greater than eur 5 225 000, article 45.1 of the Act (amended, which shall enter into force on 20 may 2016) apply in respect of the procurement procedures that advertised or launched (if there is no invitation for membership to be published) in the period from 2016 on 18 April and 19 may 2016 for as well as article 11 of this law in the fifth subparagraph, such contracts undertaken during the period from 2016 on 18 April and 19 may 2016. " 13. Add to the informative reference to European Union directive to point 7 by the following: ' 7) the European Parliament and of the Council of 26 February 2014, the EU directive on procurement in 2014/25/, by the entities operating in the water, energy, transport and postal services sectors, and repealing Directive 2004/17/EC. ' 14. Make annex 2 the following: public service procurement law annex 2 social and other special services

Nr. PO box CPV code description 1. Health, social services and the related 75200000-8, 75231200-6, 75231240-8, 79611000-0, 79622000-0 (household staffing services), 79624000-4 (care staffing services), 79625000-1 (medical staffing services), from 85000000-9 to 85323000-9, 98133100-5, 98133000-5, 98200000-5, 98500000-8 (private households with employed persons), from 98513000-2 to 98514000-9 (labour services to households, the Agency services to households, the servants ' services to households, a temporary personnel households, home help services and home maintenance services) 2. Administrative, social, educational, health and cultural services 85321000-5, 85322000-2, 75000000-6 (Administration, defence and social security services), 75121000-0, 7,75124000-1, 75122000-from 79995000-5 to 79995200-7, from 80000000-4 (education and training) to 80660000-8, from 92000000-1 to 92700000-8, 79950000-8 (exhibition, fair and Congress Organization Services), 79951000-5 (seminars services), 79952000-2 (events services), 79952100-3 (cultural events services), 79953000-9 (Festival of organizing services), 79954000-6 (event organizing services) , 79955000-3 (skaš organisation of fashion), 79956000-0 (fairs and exhibitions 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 trade unions, political organizations, youth associations, services provided, and other members of the Organization of the service 98000000-3, 98120000-0, 98132000-7, 98133110-8, 98130000-3-6. Religious services 98131000-0 7. Hotel and restaurant service from 55100000-1 to 55410000-7, 55521000-8 to 55521200-from 0, 55521000-8 (catering services for private households), 55521100-9 (a meal delivery service for old and sick people), 55521200-0 (food delivery services), 55520000-1 (food services), 55522000-5 (food services of transport companies), 55523000-2 (food services of other companies or other institutions), 55524000-9 (school food services), 55510000-8 (lunch services), 55511000-5 (canteen and other closed type of cafeteria services), 55512000-2 (canteen management services) , 55523100-3 (school food provisioning services) 8. Legal services From 79100000-5 to 79140000-7, 75231100-5 9. Other administrative services and Government Services From 75100000-7 and 75120000-3, 75123000-4, 75125000-75131000, from 8 to 10-3. The provision of services to the public From 75200000-8 to 75231000-4 11. With prison-related services, public safety and rescue services if they are not excluded in accordance with article 3 of this law, the first paragraph of point 11 of the 75231210-9 to 75231230-5, 75240000-75252000 from 0 to-7, 794300000-7, 98113100-9 12. Investigation and security services From 79700000-1 to 79721000-4-(investigation and security services, security guard services, alarm monitoring, security guard services, monitoring services, tracking system, refugee tracking services, patrol services, identification cards, investigation of delivery services and detective agencies services), 79722000-1 (grafoloģij services), 79723000-8 (waste analysis services) 13. International Service 98900000-2 (extraterritorial organizations and bodies provide services), 98910000-5 (international organizations and structures specific to services) 14. Postal service 64000000-6 (postal and telecommunications services), 64100000-7 (postal 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 associated with packages), 64114000-8 (post office services), 64115000-5 (mailbox rental), 64116000-2 (postal service shipments upon request), 64122000-7 (the Office's internal mail and courier services) 15. Various services 50116510-9 (tire vulkanizēšan services), 71550000-8 (Smith) the law shall enter into force on 20 may 2016. The Parliament adopted the law of 12 may 2016. The President r. vējonis 2016 in Riga on May 18.