The Amendments To The Public Procurement Law

Original Language Title: Grozījumi Publisko iepirkumu likumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2013/129.3


The Saeima has adopted and the President promulgated the following laws: the amendments to the public procurement law to make public procurement law (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2006, nr. 10, 6. No; 2007; 2009, no. 17; Latvian journal 2010, 91 no; 2012, 24, 109 no). the amendments are as follows: 1. Article 1: expressions of paragraph 1 by the following: "1) centralized purchasing authority: subscriber who matches any of the following signs: a) purchase goods or services or other public service needs, (b) purchases or purchase) the procedures for the conclusion of a purchase contract or other agreement of the General or public service provider;"; to supplement the article with a 14.1 point as follows: "141) — the public service the public service public service provider procurement law;". 2. in article 3: Add to the second part of paragraph 4 by the following: "4) international organisation or its suppliers, and contract of at least 50 percent co-financed by the international organization, and it is determined that the contract can only be concluded with the international organisation or its designated vendor."; Add to paragraph 2, the third paragraph with the sentence as follows: "the application of this derogation are not based on urgency, nor protected information itself, if its protection can ensure procurement procedures under this Act or in the area of defence and security procurement law." 3. in article 8: replace the second paragraph, the number "20 000" with the number "30 000 '; Express 2.1 part as follows: "21) of article 16 of this law in the fifth and seventh in the cases set out in part the client shall procure goods and services from a centralized procurement bodies or through it without applying the first subparagraph in specific procurement procedures, the seventh part of this article or this law, the provisions of article 8.1." 4. in article 8.1: replace the first paragraph, the number "20 000" with the number "30 000 '; to make a fifth by the following: "(5) the client exclude candidates from participation in procurement in any of the following cases: 1) declared insolvency proceedings by the applicant (except where the insolvency process is suitable for rehabilitation or other similar measures that focus on the possible bankruptcy of the debtor and solvency), suspended or terminated its business activities, the initiation of proceedings for bankruptcy or it is dissolved; 2) applicant in Latvia or the State in which it is registered or has its habitual residence is the tax debt, including State social security payment of debts, which total more than 100 in one of the countries late. "; Express 5.1 part as follows: "(51) the fifth subparagraph of this article 1 or the circumstances referred to in paragraph 2, the presence of the subscriber only in respect of applicants who would be awarded the contract according to the third paragraph of this article, the requirements and criteria. To assess candidates in accordance with the fifth paragraph of this article, the Subscriber: 1) in the case of registered in Latvia (in Latvian resident) applicants information on bankruptcy and winding-up proceedings requires the register and information on the suspension of the economic activity of the State revenue service obtained a decision on taxpayer operating the stop database. The fact that the information collected in this database, confirms the printout of the database in which the fixed lookup; 2) per tenderer (irrespective of the country of registration or place of residence) for information on the State revenue service administered tax debts, including State social security payment debts totaling more than 100 lats, is administered by the State revenue service tax (duty) debtor database. The fact that the information collected in this database, confirms the printout of the database in which the fixed lookup time. Depending on the outcome of the Subscriber: (a) does not preclude the applicant from further) participation in procurement, if it finds that, according to the State revenue service administered by the tax debtor (toll) database existing current data the applicant shall not administer the State revenue service tax debt, including State social security payment debt which totals exceeding 100 lats, b) inform the applicant that it found tax debt, including State social security payment debts that total is more than 100 pounds, and set a time limit, 10 working days after the issue of the information or the date of payment, debt and debt payment receipt. The applicant to certify that it has administered the State revenue service tax debt, including State social security payment debt which totals exceeding 100 lats, be submitted by the person concerned, or its representative, a certified printout from the State revenue service electronic declaration system of the person concerned after the customer's receipt of the information transmitted is not a tax debt, including State social security payment of debt that total is more than 100 lats. If the deadline is not the proof submitted, the customer is excluded from the subsequent applicant participation in procurement; 3) for registered abroad (foreign country of residence is located) the applicant requires that this time limit of not less than 10 working days after the date on which the request was issued or sent shall be submitted to the competent authorities of a foreign certificate attesting that: (a) the Tenderer has not been declared) insolvency proceedings, it being wound up and the economic activity is not stopped, (b) the applicant in the relevant foreign country) is not a tax debt, including State social security payment of debt that total is more than 100 lats. "; Express 5.2 part as follows: "(52) after expiry of the time limit for submission of the purchase the Commission shall evaluate the tenders submitted and choose one or more tenders under the third paragraph of this article the requirements and criteria set out in part 5.1 of this article in the order in which the evaluation of the fifth subparagraph of this article 1 or the circumstances referred to in paragraph 2. If the client information about the applicant, which is the basis of the applicant's exclusion from further participation in procurement, derived directly from the competent institution, the databases or from other sources, the applicant may submit a certificate or other document for the relevant facts in cases where a Subscriber for information does not correspond to the actual situation. " to complement the eighth with text by the following: "no later than the date of entry into force of the procurement contract or amendment thereto, the customer in its homepage on the internet places the purchase agreement or amendments, according to the law of the procedures laid down pursuant to the protection of their business secrets. Purchase contract and its amendments, the text is available in the customer's home page on the internet at least throughout the purchase contract period, but not less than 36 months after the date of entry into force of the Treaty. '; Add to article 12.1 of the part as follows: "(121) the amendments to the contracts, which will be concluded in accordance with the procedure laid down in this article, shall be subject to this law, the provisions of article 67.1." 5. To supplement the law with article 8.2 the following: ' article 8.2. The purchase, which does not apply this law regulated procurement procedures (1) If a public supply contract or a service contract estimated contract price is 3000 dollars or more, but less than 30 000 lats and a public works contract estimated contract price is 10 000 LVL or larger, but less than 120 000 lats, the customer is purchasing in accordance with the procedure laid down in this article. (2) to make the Purchase the client creates a purchase of at least three members of the Commission in order to ensure that the Commission is competent for it procurement, for which the contract. Purchase by the Commission in the performance of their duties, shall be entitled to call on experts. To purchase the Commission applies this law article 23 of the first, second and third part. Purchase the Commission decisions of this law article 24, first paragraph. (3) the procurement Commission determines reasonable and objective requirements for applicants and the subject of purchase, provided that the above requirements shall not have the effect of creating unjustified restrictions to competition in the procurement. Purchase the Commission also determines the criteria to take into account the requirements of the tenders most advantageous tender. Not allowed to require that the composition of the offer are included in the particular procurement started, which is the object of copyright or deemed partial service performance. (4) a Subscriber through the procurement monitoring Bureau homepage on the internet the available electronic means of communication referred to prepare and submit, publish the procurement monitoring Bureau homepage on the internet announcement on the planned agreement fixing the deadline for the submission of tenders, of not less than 10 days (not including the country officially certain holidays) from the date of publication. Turn your website on the internet the client no later than the earlier date of publication of this notice in place in accordance with the third paragraph of this article, the specific requirements for applicants and purchase the item and provide them free and direct access. (5) the client exclude candidates from participation in procurement in any of the following cases: 1) declared insolvency proceedings by the applicant (except where the insolvency process is suitable for rehabilitation or other similar measures that focus on the possible bankruptcy of the debtor and solvency), suspended or terminated its business activities, the initiation of proceedings for bankruptcy or it is dissolved; 2) applicant in Latvia or the State in which it is registered or has its habitual residence is the tax debt, including State social security payment of debts, which total more than 100 in one of the countries late. (6) in the fifth subparagraph of this article 1 and the conditions referred to in paragraph 2, the presence of the subscriber only in respect of applicants who would be awarded the contract according to the requirements and criteria. (7) in order to verify whether the applicant can not be excluded from participation in procurement of the fifth subparagraph 1 or 2 above conditions, the Subscriber: 1) in the case of applicants (regardless of the country of registration or place of residence), with the Cabinet of Ministers established the information systems, the Cabinet of Ministers in the order: (a) collect information) for the fifth subparagraph of this article referred to in paragraph 1 the facts — from the business register, b) on the fifth subparagraph of this article referred to in paragraph 2 the fact — from the State revenue service and Latvian municipalities. The Subscriber that information from the State revenue service and the local governments of Latvia is entitled to, without requiring the consent of the applicant; 2) for a foreign country or registered applicants resident in addition require that it be lodged with the competent authorities of a foreign certificate to show that this article does not apply to it the fifth part of the cases. The deadline for the submission of the certificate the Subscriber set not less than 10 working days after the request is issued, or the date of dispatch. If the applicant is not made within the time limit referred to in the certificate, the Subscriber to the exclusion from participation in procurement. (8) depending on the seventh of this article paragraph 1 of part b (a) to review the results of the Subscriber: 1) does not preclude the applicant from participation in procurement, if it finds that, in accordance with Cabinet of Ministers within the information system the information the applicant does not have tax debt, including State social security payment debt which totals exceeding 100 lats; 2) inform the applicant that it found tax debt, including State social security payment of debts, which total more than 100 lats, and set a time limit, 10 working days after the issue of the information or the date of payment, debt and debt payment receipt. The applicant to certify that it does not have a tax debt, including State social security payment debt which totals exceeding 100 lats, submitted respectively by the applicant or his representative, a certified printout from the State revenue service electronic declaration system or local issue a certificate that the person concerned after the customer's receipt of the information transmitted is not a tax debt, including State social security payment of debt that total is more than 100 lats. If the deadline is not mentioned in the documents submitted by the Subscriber of applicant excluded from participation in procurement. (9) after the expiry of the time limit for submitting the procurement Commission shall evaluate the tenders submitted and choose one or more offers. Purchase Commission for winning bidders purchase the completeness, chosen according to the requirements and criteria and can not be excluded from participation in procurement in accordance with the fifth paragraph of this article. The decision will determine the winner, in addition to all the rejected tenderers and the reasons for rejecting it, all the applicants proposed contract prices and for winning a certain candidate's comparative advantages. (10) within three working days after the decision, the Subscriber shall inform all tenderers of the purchase of the selected tenderer or tenderers, as well as your homepage on the internet provides free and direct electronic access to the ninth part of this article in that decision. The client within three working days after receipt of the request of the applicant, issued or sent to the applicant in the ninth part of this article that decision. (11) the Subscriber switch purchase contracts with the applicants selected by the Commission. The customer is entitled to terminate the contract of purchase and, if it has objective justification. (12) no later than five working days after the conclusion of the contract, the customer using the procurement monitoring Bureau homepage on the internet the available electronic means of communication referred to prepare and submit, publish the procurement monitoring Bureau homepage on the internet informative statement on the conclusion of the contract. (13) no later than the date of entry into force of the procurement contract or amendment thereto, the customer in its homepage on the internet places the purchase agreement or amendments, according to the law of the procedures laid down pursuant to the protection of their business secrets. Purchase contract and its amendments, the text is available in the customer's home page on the internet at least throughout the purchase contract period, but not less than 36 months after the date of entry into force of the Treaty. (14) the amendments to the contracts, which will be concluded in accordance with the procedure laid down in this article, shall be subject to this law, the provisions of article 67.1. (15) the customer is entitled not to apply the provisions of this article, if it is closed, this law, articles 3 and 5 of the said agreement. (16) the Subscriber has the right not to apply this article to the fourth and fifth rules if: 1) the contract is closed on this law in part B of annex 2 these services; 2) procurement complies with this law, the first paragraph of article 62 in the last sentence of paragraph 1 or article 63; 3) above is made for the purchase in accordance with the procedure laid down in this article and submitted purchase documents not in accordance with the requirements laid down in the tender, provided that the purchase contract terms are not substantially different from those provided for in the above purchase contract is fulfilled the necessary requirements and this purchase are invited to submit a tender only those candidates who have not previously taken off the purchase and was not to be excluded, and meet the designated qualification requirements; 4) above is made in this article in the purchase order and shall not be applied, provided that the purchase contract terms are not substantially different from those provided for in the above purchase contract is fulfilled the necessary requirements. (17) the cabinet shall determine: 1) information system, which is the seventh part of this article in this review, as well as the maintenance and use of this system; 2) of this article, the seventh part referred to in paragraph 1, the information to be processed, the purpose and scope; 3) order in which this part of the information referred to in paragraph 1, the system receives and processes information from this article the seventh part of the authorities referred to in paragraph 1 of uzturētaj information systems; 4) in the fourth paragraph of this article, this statement and the twelfth referred to in the information notice and the contents of this statement preparation. (18) the tenderer who has made an offer to purchase, subject to the provisions of this article, and who believes that it is infringed or would this delict, is entitled to appeal against decisions taken by the District Administrative Court of the administrative procedure law. Administrative District Court decision can be appealed in cassation to the Supreme Court Senate Administrative Department. Appeal shall not suspend the decision. " 6. Replace the entire law, except article 8.1 and the transitional provisions, the number "8" with the number "8". 7. Express article 16 as follows: "article 16. The centralised procurement institution purchases (1) centralized purchasing institution can buy goods and services, as well as make purchases and procurement contracts and the General Agreement for the conclusion of trade and other public service providers, including other customers and public service provider needs. In this case, the centralised purchasing institution as the requirements laid down in this law. (2) the client may buy goods and services from a centralized procurement institution or get the works, supplies and services with them.
(3) in cases where the customer purchases goods and services from a centralized purchasing or receiving institution works, supplies and services through it, it is considered that it has applied the requirements of the Act, if the centralized procurement body, making a purchase or a purchase the procedure is applied the requirements of this law. (4) the client may buy goods and services from a centralized procurement institution situated in another Member State of the European Union, or get the works, supplies and services with this body, if so, make a purchase or procurement procedures to the needs of the customer, subject to the requirements of the law which comply with European Union law in the area of public procurement. In this case, the customer shall be deemed to have notice of this law. (5) direct regulatory authorities have a duty to the goods and services purchased from the Cabinet of Ministers established the centralised procurement through the institution or, if the goods or services fall within the Cabinet of Ministers in certain groups of goods and services and the contractual price within 12 months of the relevant goods or services, the group is 100 dollars or more. This condition does not apply to this article in cases referred to in the sixth paragraph. (6) the direct authority of the fifth part of this article in case you can not buy the goods and services concerned from the Cabinet of Ministers in certain centralised purchasing bodies or through it in any of the following cases: 1) direct regulatory authority needs appropriate product or service it is not possible to buy from a central procurement institutions or through it. In this case, the Subscriber before the conclusion of the contract shall inform the central authority for the procurement of the necessary goods and services to the technical specifications and the centralised purchasing institution receives confirmation that it does not support the purchase of goods and services; 2) direct regulatory authority may provide goods or services at lower prices. In this case, the one working day prior to the conclusion of the contract is fixed (for example, requesting information on the prices of goods and services from central procurement institutions or by printing this information from a centralized procurement authorities maintain information system) for centralized procurement institutions ensure the proposed contract price of the goods and services concerned. (7) the municipalities and local authorities have a duty to the goods and services purchased from the centralized purchasing through the institution or, if the goods or services fall within the Cabinet defined group of goods or services and the contractual price within 12 months of the relevant goods or services, the group is 3000 dollars or more. (8) in the seventh paragraph of this article, the obligation is fulfilled if the goods and services purchased in any of the following ways: 1) from the Cabinet into the centralized procurement of certain institutions or through it; 2) from one or more local government created the centralized purchase of through the institution or, if the centralized procurement authority ensures the procurement of goods and services the municipality and all its institutions. (9) the cabinet shall determine: 1) of this article, the fifth and the seventh part of the goods and services referred to in the Group; 2) in the fifth subparagraph, of this article and the eighth part referred to in paragraph 1, the institution of a centralized procurement and their conditions for use of the services provided. " 8. in article 17: Add the third part of the third sentence, after the words "for the protection of the environment" with the words "and promoting the prevention of climate change"; in the fifth subparagraph, replace the words "with the manufacturer's documentation or certification issued by the competent authority of the results of the inspection" by the words "with the bid documents which the customer considers acceptable (including the manufacturer's technical documentation or the legislation established accredited institutions issued assurances on the outcome of)"; replace the sixth and the eighth part, the word "competent" with the words "the procedure laid down in the laws of accredited". 9. Supplement article 26, fifth paragraph after the words "published a statement of agreement" with the words "notice of tender or cast statement on the results of the procurement procedure (if you made the purchase of this law, article 8, the seventh in the order, or in part made of the negotiated procedure without prior publication of a contract notice)". 10. Replace article 27.1 of the numbers and the word "3, 4 or 5." with numbers and the word "3. or 5. '. 11. Article 29: turn off the second sentence of the third paragraph, the words "and the party has passed from this article in the time limit referred to in the second subparagraph or longer"; turn off the fifth subparagraph, second sentence, the words "and has been the party of the fourth part of this article, on the expiry of that period, or a longer time." 12. Adding to the seventh paragraph of article 33 of the text by the following: "submitting a proposal or application, the applicant, or the supplier is entitled to all of the documents submitted and the accuracy of the translation of the derivative to certify with one receipt, if the offer or the whole application is cauršūt or caurauklot. Submitting tenders or applications electronically, the applicant or the supplier is entitled to one secure electronic signatures to sign all the documents as a single package. If the tender or application can be submitted electronically, the Subscriber shall not be entitled to claim, in addition to the electronic quotation or application for the candidate or the supplier shall submit a written offer or application. " 13. Express article 35 paragraph 11.1 of part IV as follows: "111) where open competition and rules or in the contract notice the applicant set out the requirements for the selection of only one tenderer, article 56 of this law, in the seventh paragraph of justification;". 14. Article 39: make the first part of paragraph 2 as follows: "2) the candidate or tenderer with the competent authority's decision or a court judgment which has entered into force and became the undisputed and non-appealable, is found guilty of misconduct in the form of: (a)) one or more countries, or the employment of nationals who are not citizens of the Member States of the European Union or nationality if they were Member States of the European Union territory illegally staying , b) person without work contract concluded in writing, tax legislation is not made within the time limit for that person to the informative declaration of workers who submitted about people who started work; " make the first part of paragraph 3 as follows: "3), the candidate or tenderer with the competent authority's decision or a court judgment which has entered into force and became the undisputed and non-appealable, is found guilty of infringement of competition law in the form of a vertical agreement, the purpose of which is to limit the buyer's ability to determine the resale price or a horizontal cartel agreement, except cases when the institution concerned, finding an infringement of competition law for cooperation under the leniency programme of the candidates or are exempted from fines or fines reduced; " Add to article 2.1, 2.2, 2.3 and 2.4 in part as follows: "(21) the Subscriber has the right to exclude of the candidates or from further participation in the procurement procedure, as well as to examine the applicant's offer, if the candidate or tenderer (as a Contracting Party or contracting parties Member or members, if a Contracting Party has been a supplier Association or a partnership), the Member or members (where the candidate or tenderer is a supplier Association or a partnership) is not served by the principals of contracts concluded or general agreement and therefore the client has used the purchase agreement or the General Agreement provisions the right to unilaterally withdraw from the agreement or general agreement. (22) the Subscriber is not entitled to exclude of the candidates or from further participation in the procurement procedure in accordance with paragraph 2.1 part, instead providing additional enforcement context (such as a bank guarantee or insurance for a certain amount of money) or the rules that the candidate or tenderer makes uneconomical procurement contract or agreement relevant General rules (for example, the advance payment provided for reduction, suspension or withdrawal of the payment). (23) the customer when making the decision about the exclusion of candidates or tenderers from participation in a procurement procedure for the future in accordance with paragraph 2.1 part, consider how essential is a violation that allowed the purchase contract or arrangement in implementing the General, from how the Subscriber unilaterally back off, as well as those procurement contracts or general arrangement of default risk. (24) the customer is entitled to enforce this article 2.1 provided for in the exclusion of candidates or tenderers, as well as the conditions of this article in part 2.2 that additional enforcement and liability provisions only if such right is foreseen in the contract notice or the procurement procedure. "; Add to the introductory part of the fourth part by numbers, and the words "1, 2, and in paragraph 3 with the words" and the number "and part"; 2.1 adding to the fourth subparagraph of paragraph 4 by the following: "4) from the date when the Subscriber unilaterally stepped back from this article 2.1, part procurement contracts or general arrangement to the application or the date of the offer is the last 12 months of the delivery of public or in the case of service contracts, and three years for a public works contract case. "; to supplement the article with 4.1 and 4.2 part as follows: "(41) a subscriber check on the first part of this article down the exclusion of candidates or tenderers in the cases being made: 1) open competition — for each applicant, which according to the other notice of contract and procurement documents to the requirements and criteria for the selection of the tender selected would be awarded the contract; 2) closed competition, competitive dialogue and negotiated procedures with prior publication of a contract notice, in respect of each of the candidates who meet the other candidates in the contract notice and selection requirements laid down in the Statute and would be invited to submit a tender. If the client application reduce the number of candidates in accordance with article 37 of this law, the sixth, seventh and eighth, this check shall be carried out before the reduction of the number of candidates. A subscriber check on the first part of this article 11, paragraph subcontractors carried out in respect of each applicant, which according to the other notice of contract and procurement documents to the requirements and criteria for the selection of the tender selected would be awarded the contract; 3) the negotiated procedure without prior publication of a contract notice, in respect of each applicant, which should be awarded the contract. The provisions of this paragraph shall not apply to that part of the case referred to in paragraph 4; 4) the negotiated procedure without prior publication of a contract notice, in this law, the first paragraph of article 62 in the last sentence of paragraph 1 in the case where it is applied after the termination of the tender, the Tenderer shall, in respect of each submitted a tender in open competition and is invited to a negotiation procedure. (42) the Subscriber, in order to reduce the administrative resources of the application or tender shall be entitled, in accordance with paragraph 5.2, part 1, paragraph 5.3 of part 1 and paragraph 5.4. of this article points provided for in the first subparagraph the exclusion of candidates or tenderers in the case of the existence of an open and a closed competition, competitive dialogue and negotiated procedures to take, in respect of all candidates or tenderers who have submitted the application or tender. "; turn off the fifth; turn off the 5.1; Add to article 5.2, 5.3 and 5.4 of the part as follows: "(52) in order to assess candidates, applicants, and the first subparagraph of paragraph 11 of the persons referred to under the first paragraph of this article, the Subscriber: 1) in the case of registered in Latvia (in Latvian domicile) of the candidates or, as well as the first part of this article 11 a person referred to in paragraph information about whether the candidate or tenderer and the first part of this article referred to in paragraph 11 of the person is punished for the first part of this article, paragraph 2." (b) "violations, referred from national labour inspectorates; 2) for registered abroad (foreign country located domicile) of the candidates or, as well as the first part of this article, the persons referred to in paragraph 11, order the candidate or tenderer shall submit to the competent institution of a foreign certificate testifying that it and the first subparagraph of paragraph 11 of that person is not punished for the first part of this article referred to in paragraph 2. (53) in order to assess the candidates, applicants, and the first subparagraph of paragraph 11 of the persons referred to under the first paragraph of this article, paragraph 4, the Subscriber: 1) in the case of registered in Latvia (in Latvian domicile) of the candidates or, as well as the first part of the persons referred to in paragraph 11 for information about bankruptcy and winding-up proceedings requires the register and information on the suspension of the economic activity of the State revenue service obtained a decision on taxpayer operating the stop database. The fact that the information collected in this database, confirms the printout of the database in which the fixed lookup; 2) for registered abroad (foreign country located domicile) of the candidates or, as well as the first part of this article, the persons referred to in paragraph 11, order the candidate or tenderer shall submit to the competent institution of a foreign certificate testifying that it, and the first subparagraph of paragraph 11 of that person is declared insolvency, they wound up and the economic activity is not stopped. (54) in order to assess the candidates, applicants, and the first subparagraph of paragraph 11 of the persons referred to under the first paragraph of this article 5, paragraph 1) the Subscriber in respect of the candidates or, as well as the first part of this article, the persons referred to in paragraph 11 (regardless of their country of registration, or place of residence) for information on the State revenue service administered tax debts, including State social security payment debts that total is more than 100 lats, is administered by the State revenue service tax (duty) debtor database. The fact that the information collected in this database, confirms the printout of the database in which the fixed lookup time. Depending on the outcome of the Subscriber: (a)) of the candidates or not excluded from further participation in the procurement procedure if it finds that, according to the State revenue service administered by the tax debtor (toll) database existing topical data candidate or tenderer, as well as the first part of paragraph 11 of that person is the State revenue service administered the tax debt, including State social security payment debt which totals exceeding 100 lats (b) inform the applicant or the applicant) that it or the first part of this article 11, the person referred to in paragraph found in tax debt, including State social security payment of debts, which total more than 100 lats, and set a time limit, 10 working days after the issue of the information or the date of payment, debt and debt payment receipt. The candidate or tenderer to confirm that it, as well as the first part of this article, paragraph 11 of that person is the State revenue service administered the tax debt, including State social security payment debt which totals exceeding 100 lats, be submitted by the person concerned, or its representative, a certified printout from the State revenue service electronic declaration system of the person concerned after the customer's receipt of the transmitted information is not tax debt including the State social insurance compulsory contribution to the debt which totals exceeding 100 lats. If this deadline is not submitted, the proof of the candidates or contractor excluded from further participation in the procurement procedure; 2) for registered abroad (foreign country located domicile) of the candidates or, as well as the first part of this article, the persons referred to in paragraph 11, order the candidate or tenderer shall submit to the competent institution of a foreign certificate testifying that it, and the first subparagraph of paragraph 11, the person referred to in the relevant foreign country tax debt, not including the State social insurance compulsory contribution to the debt which totals exceeding 100 lats. "; turn off the eighth and ninth; Supplement to the article 9.1 and 9.2 of this part: "(91) principal term that this article is part 2 of paragraph 5.2, 5.3, and point 2 of part 5.4 parts certificate referred to in paragraph 2 for the submission of not less than 10 working days after the request is issued, or the date of dispatch. Where the candidate or tenderer is not made within the time limit of this article, part 2, paragraph 5.2, 5.3, and point 2 of part 2 paragraph 5.4 of that Subscriber, it is excluded from further participation in a procurement procedure. (92) the national labour inspectorate and the business register in the appropriate parts of this article 5.2 and 5.3 in point 1 of part the information referred to in paragraph 1 is provided in three working days. " 15. To supplement the law with article 24.3 of the following: ' article 24.3. The exclusion of candidates or tenderers in terms of (1) the principal of the candidates or excluded from participation in a procurement procedure in any of the following cases: 1), the applicant or the person who is an applicant or the applicant's Board of directors or a member of the Council or the prokūrist, or the person authorized to represent the applicant or applicants for activities associated with the affiliate, with the Prosecutor's statement as punishment or judgment of the Court of Justice which entered into force and became the undisputed and not appealable , has been convicted in any of the following offences: (a) bribery, bribery), bribes of embezzlement, bribery, illegal mediation to the benefit of making or commercial bribery, b) fraud, embezzlement or money laundering, c) tax equivalent payments and unpaid, d) terrorism, financing of terrorism, an invitation to terrorism, the threat of terrorism or recruiting and training of the persons the Commission of terrorist acts; 2) the candidate or tenderer with the competent authorities of the decision or judgment of the Court of Justice, which entered into force and became the undisputed and non-appealable, is found guilty of misconduct in the form of: (a)) one or more countries, or the employment of nationals who are not citizens of the Member States of the European Union or nationality if they were Member States of the European Union territory without authorisation, (b) the person without written) concluded in the contract of employment, tax legislation is not made within the time limit for that person to the informative declaration of workers to be submitted for a person who begins work; 3) the candidate or tenderer with the competent authority's decision or a court judgment which has entered into force and became the undisputed and non-appealable, is found guilty of infringement of competition law in the form of a vertical agreement, the purpose of which is to limit the buyer's ability to determine the resale price or a horizontal cartel agreement, except cases when the institution concerned, finding an infringement of competition law on cooperation in the framework of the tolerance of the candidates or are exempted from fines or reduction of fines; 4) has been declared a candidate or applicant insolvency, suspended or terminated by the candidate or tenderer economic activity, judicial proceedings on bankruptcy of the candidate or tenderer or the candidate or tenderer is eliminated; 5) candidate or tenderer in Latvia or the State in which it is registered or has its habitual residence is the tax debt, including State social security payment of debts, which total more than 100 in one of the countries lat;
6) the candidate or tenderer has provided false information to demonstrate compliance with the provisions of this article or under this Act to those of candidates or tenderers qualification requirements, or, in General, has not provided the information requested; 7) to the members of the partnership, where the candidate or tenderer is a partnership, apply this part 1., 2., 3., 4., 5., or conditions referred to in paragraph 6; 8 the applicant designated subcontractor) that the works to be carried out, or the value of the services is at least 20 percent of the total public works or service contract value, apply those parts 2, 3, 4, 5 or 6 those conditions; 9) to a candidate or tenderer to whom personal qualities the candidate or tenderer is based, to demonstrate that it meets the qualifications in the statement of agreement or procurement documents, the requirements are applicable to this part 2., 3., 4., 5., or conditions referred to in paragraph 6. (2) if the applicant, the applicant's or the first part of this article 7, 8 or 9 persons referred to in the insolvency proceedings are suitable for rehabilitation or other similar measures that focus on the possible bankruptcy of the debtor and the renewal of solvency, the client, assessing the possible economic risks and considering the subject matter of the Treaty, may decide on the first part of this article, paragraph 4 does not apply. (3) if the customer in accordance with this law, article 63 of the second subparagraph of paragraph 4 shall apply to the negotiated procedure without prior publication of a contract notice, this does not apply to the first paragraph of this article, paragraph 4. (4) a Subscriber shall not exclude candidates or tenderers from participation in a procurement procedure if: 1) from the date when the become the undisputed and non-appealable judgment of the Court of Justice, the Prosecutor's statement as punishment or other competent authority of the decision taken in the context of the first subparagraph of paragraph 1 and in paragraph 2, "a" offences referred to the application or the date of the offer is three years; 2) from the date when the become the undisputed and non-appealable judgment of the Court or other competent authority of the decision taken in the context of the first subparagraph of paragraph 2 and in paragraph "b" referred to in paragraph 3, infringement of the application or to the date of the offer is the last 12 months.
(5) a subscriber check on the first part of this article down the exclusion of candidates or tenderers in the cases being made: 1) open competition — for each applicant, which according to the other notice of contract and procurement documents to the requirements and criteria for the selection of the tender selected would be awarded the contract; 2) closed competition, competitive dialogue and negotiated procedures with prior publication of a contract notice, in respect of each of the candidates who meet the other candidates in the contract notice and selection requirements laid down in the Statute and would be invited to submit a tender. If the client application reduce the number of candidates in accordance with article 37 of this law, the sixth, seventh and eighth, this check shall be carried out before the reduction of the number of candidates. A subscriber check on the first part of this article 8 a specific exclusion of candidates or tenderers in the case of being carried out in respect of each applicant, which according to the other notice of contract and procurement documents to the requirements and criteria for the selection of the tender selected would be awarded the contract; 3) the negotiated procedure without prior publication of a contract notice, in respect of each applicant, which should be awarded the contract. The provisions of this paragraph shall not apply to that part of the case referred to in paragraph 4; 4) the negotiated procedure without prior publication of a contract notice, in this law, the first paragraph of article 62 in the last sentence of paragraph 1 in the case where it is applied after the termination of the tender, the Tenderer shall, in respect of each submitted a tender in open competition and is invited to a negotiation procedure. This test is carried out before the opening of negotiations. (6) the client, in order to reduce the administrative resources of the application or tender shall be entitled, in accordance with the seventh part of the first part set out in the exclusion of candidates or tenderers in the case of the existence of an open and a closed competition, competitive dialogue and negotiated procedures to take, in respect of all candidates or tenderers who have submitted application or tender. (7) in order to verify that the candidate or tenderer is not excluded from participation in this procurement procedure of the first paragraph of article 1, 2, and 3. the criminal offence referred to in paragraph 1 and infringements, for which the first paragraph of this article, a person convicted in Latvia, as well as the first part of this article (4) and (5) of that fact, the Subscriber, using a certain cabinet information system cabinet in order obtain information : 1) of the first paragraph of this article 1, 2, and 3. the infringements referred to in paragraph 1 and the crimes — from the Interior Ministry's information center (penalty). The Subscriber that information from the Ministry of Interior Information Center (the fine) is entitled to, without asking the candidate, candidate's and others referred to in the first paragraph the persons consent; 2) of the first subparagraph, paragraph 4 of the facts — from the enterprise register; 3) of the first subparagraph of paragraph 5 of that fact — from the State revenue service and Latvian municipalities. The Subscriber that information from the State revenue service and the local governments of Latvia is entitled to, without asking the candidate, candidate's and others referred to in the first paragraph of the agreement of the parties. (8) depending on the seventh of this article, paragraph 3 of part a inspection results Subscriber: 1) of the candidates or not excluded from further participation in the procurement procedure if it finds that, according to the State revenue service administered by the tax debtor (toll) database existing topical data candidate or tenderer, as well as the first part of this article 7, paragraphs 8 and 9 of that person is the State revenue service administered by the tax debt including the State social insurance compulsory contribution to the debt which totals exceeding 100 lats; 2) informs of the candidates or that it or the first part of this article 7, 8 and 9 mentioned in paragraph person found in the tax debt, including State social security payment arrears, which totals more than 100 lats, and set a time limit, 10 working days after the issue of the information or the date of payment, debt and debt payment receipt. The candidate or tenderer to confirm that it, as well as the first part of this article 7, paragraphs 8 and 9 of that person is not a tax debt, including State social security payment debt which totals exceeding 100 lats, be submitted by the person concerned, or its representative, a certified printout from the State revenue service electronic declaration system or local issue a certificate that the person concerned after the customer's receipt of the transmitted information is not tax debt including the State social insurance compulsory contribution to the debt which totals exceeding 100 lats. If this deadline is not submitted, the proof of the candidates or contractor excluded from participation in a procurement procedure. (9) the cabinet shall determine: 1) information system, which is the seventh part of this article in this review, as well as the maintenance and use of this system; 2) the seventh part of this article, paragraph 1 of the test referred to in the information processing objectives and scope as well as the Latvian Code of administrative offences, the criminal law and other law articles that meet the first part of this article prescribed in the exclusion of candidates or tenderers in the cases and on which the infringements and crimes to the seventh part of this article 1 the test prescribed in paragraph; 3) order in which this part of the information referred to in paragraph 1, the system receives and processes information from this article in the seventh part of the institutions referred to in the uzturētaj information systems. (10) in order to verify that a foreign country registered or resident in the candidate or tenderer is not excluded from participation in a procurement procedure under the first paragraph of this article, the principal, except the eleventh part of this article in this case, requires that the candidate or tenderer shall submit to the competent institution of a foreign certificate attesting that the candidate or tenderer is not the subject of this article are laid down in the first subparagraph. The deadline for the submission of the certificate the Subscriber set not less than 10 working days after the request is issued, or the date of dispatch. Where the candidate or tenderer is not made within the time limit referred to in the certificate, the Subscriber to the exclusion from participation in a procurement procedure. (11) of this article shall not apply to the tenth them the first part of this article 7, 8 and 9 the persons referred to in paragraphs that have been registered in Latvia or permanently resident in Latvia and are indicated in the submitted candidate or tenderer in the application or offer. In this case, the test shall be carried out under the seventh paragraph of this article. (12) if any document abroad, established or resident in the candidate or tenderer may assure you that is not covered in the first paragraph, certain cases are not issued or with these documents is not sufficient to demonstrate that the candidate or tenderer is not the subject of this article in cases provided for in the first subparagraph, such documents may be replaced by a sworn or, if the oath at the national laws do not provide for with the same candidates, tenderers or other, the first paragraph of this article of the person competent to Executive or judicial authority, a notary or a competent jury concerned organization to their registration (permanent residence) in the country. " 16. Replace the entire law, except for the name and article 39 transitional provisions, the number "39." with the number "24.3". 17. To supplement the law with article 24.4 as follows: "article 24.4. The enforcement of the Treaty (1) the customer is entitled to exclude of the candidates or from further participation in the procurement procedure, as well as to examine the applicant's offer, if the candidate or tenderer (as a Contracting Party or contracting parties Member or members, if a Contracting Party has been a supplier Association or a partnership), the Member or members (where the candidate or tenderer is a supplier Association or a partnership) is not served by the principals of contracts concluded or general agreement and therefore the client has used the purchase agreement or general arrangement of right to derogate unilaterally from the agreement or general agreement. (2) the customer is not entitled to exclude of the candidates or from further participation in the procurement procedure according to the first paragraph of this article, instead providing additional enforcement context (such as a bank guarantee or insurance for a certain amount of money) or the rules that the candidate or tenderer makes uneconomical procurement contract or agreement relevant General rules (for example, the advance payment provided for reduction, suspension or withdrawal of the payment). (3) the first and second subparagraph shall not apply if the customer from the date when the Subscriber unilaterally resigned from the first paragraph of this article procurement contracts or general arrangement to the application or the date of the offer is the last 12 months in the public supply or service contracts, or three years in the public works contract case. (4) the customer when making the decision about the exclusion of candidates or tenderers from participation in a procurement procedure for the future in accordance with the first paragraph of this article, consider how essential is it to allow the violation of procurement contracts or general agreement, of how the client unilaterally back off, as well as those procurement contracts or general arrangement of default risk. (5) the customer is entitled to apply the first subparagraph provided for the exclusion of candidates or tenderers, as well as in the second part of this article that additional enforcement and liability provisions only if such right is foreseen in the contract notice or the procurement procedure. " 18. Supplement article 40 by the third subparagraph by the following: "(3) the principal does not establish requirements for the minimum since the supplier registration, licensing or authorisation, or becoming any particular organisation." 19. Make article 41, first paragraph, point 3 as follows: "3) proof of your overall financial performance or, if necessary, financial performance relating to a specific purchase, but not more than for the three preceding financial years, as far as the information on these turnovers is possible, taking into account the supplier's founding or start-up time." 20. Supplement article 42 to the fifth subparagraph by the following: "(5) the client fails to establish minimum requirements in relation to the candidate or tenderer life." 21. Article 43 be worded as follows: "article 43. Quality management standards if the customer requires to be verified supplier management system, it refers to the quality management systems that meet specific European certification standards and are certified to the laws and established accredited institutions. Subscriber acknowledges the other Member States of the European Union laws duly accredited a certificate issued by the institution, as well as other evidence submitted by the supplier for equivalent quality management measures. " 22. Replace article 44 paragraph 2, the words "the competent authorities" with the words "the procedure laid down in the laws and institutions accredited in issue". 23. Article 51: make the first part of paragraph 3 as follows: "3) this law, the provisions of article 39.1 or reference to this law, article 24.3;"; replace the first subparagraph of paragraph 5, the word "criteria" with the word "criteria"; to make the second part of paragraph 5 by the following: "5) this law, the provisions of article 39.1 or reference to this law, article 24.3;". 24. Turn off 52. in the second subparagraph of article names and number "and not more than 10 000 lats. 25. Article 54: make the second paragraph as follows: "(2) if only one candidate meets all the selection rules or candidates in the contract notice the candidate set selection requirements, the client decides to terminate the procurement procedure."; turn off third. 26. Replace article 55 of the fourth sentence of the first subparagraph, the word "working" with the word "day". 27. Article 56: make the seventh subparagraph by the following: "(7) if only one applicant satisfies all the tender rules or in the contract notice the applicant set out the requirements for the selection of the client shall prepare and include in the report the reasons for the procurement procedure that the applicant made the selection requirements are objective and reasonable. If the client can not be justified that the requirements for the selection of applicants are objective and reasonable, it shall take a decision to stop the procurement procedure. "; turn off the eighth. 28. Turn off 39.8 in the first paragraph, "is closed for public and private partnership and agreement." 29. Supplement article 67 with 5.1 part as follows: "(51) If the fifth part of this article, the withdrawal period referred to in the last day is a working day, before which was a holiday or public holiday, the standstill period renewable for one day." 30. Make the second paragraph of article 67.1 (1) of the following: "1) procurement procedures document, as well as procurement contracts or general agreement clearly and explicitly provides for the possibility of amendments, cases where amendments are permissible, the extent and nature of amendments." 31. Put article 68 in the third subparagraph of paragraph 3 as follows: "3) proposed subcontractor complies with article 24.3 of the Act referred to in the first subparagraph the exclusion of candidates or tenderers. Examination of the conformity of subcontractors, the contractor shall apply the provisions of article 39.1 of the Act. This law, in the fourth paragraph of article 39.1 these deadlines from the date of the request for the replacement of staff or subcontractor filed customer. " 32. To supplement article 69 the introductory paragraph, after the word "agreement" by the words "including its amendments". 33. Article 84: Add to the second paragraph of paragraph 2, after the words "procurement contract" with the words "or agreement" in General; to make the fourth subparagraph by the following: "(4) the procurement monitoring Bureau will be invited to sit for the examination of the application, the applicant, tenderer whose quotation is chosen in accordance with the selection criteria of the tender and Subscriber (hereinafter the participants), publishing invitation to your homepage on the internet at least three working days in advance. The invitation shall be deemed to have been notified on the working day following that of its publication in the procurement monitoring Bureau homepage on the internet. If a member of the procurement monitoring Bureau has announced a fax number or electronic mail address to which to send the invitation, the procurement monitoring Bureau information about the examination of application to participants of the meeting also by fax or e-mail no later than the date of the invitation published in the procurement monitoring Bureau homepage on the internet. " 34. transitional provisions: off 32; Add to paragraph 39 of the sentence by the following: "amendments to this law, in article 5.1 of part 8.1 in point 1 and in point 2 as well as article 39 of this law, part 1, paragraph 5.3 and 5.4, part 1, paragraph shall enter into force on 1 august 2013."; transitional provisions be supplemented with 40, 41, 42, 43, 44, 45, 46, 47, 48 and 49 of the following paragraph: "40. Article 8 of this law referred to in the first subparagraph and the procurement procedure, referred to in the seventh part of the purchase, as well as the procurement referred to in article 8.1, which advertised, the publication of a contract notice, the notice on casting contest, notification of procurement to be carried out or planned statement on the contract until the 2013 July 31 on completion, including challenging or contesting, in accordance with the provisions of this law that was in force in procurement procedures or purchase date of notification, as far as the transitional rule in paragraph 46, unless otherwise specified. 41. This law, 8.1 and article 39 2014 shall lapse on 1 January. 42. This Act amended on its complementarity with 8.2 39.1 and 39.2, article, numeral "8" and "39." throughout the Act (with the exception of article 8.1 and the name and article 39 transitional provisions) with numbers "8.2" and "24.3", as well as the amendment of article 51 of this law, the first subparagraph of paragraph 3 and paragraph 5, second subparagraph, and article 68 of the third subparagraph of paragraph 3, the expression of the new version shall enter into force on January 1, 2014. 43.31 December 2013 article 8.1 of this law the fifth subparagraph, and paragraph 2 of article 39, first paragraph, point 5 of the above exclusion of candidates or tenderers will not be subject to the conditions of the real estate tax debt in Latvia. 44. This law amended article 8 on 2.1 and article 16 of the revised version shall enter into force on January 1, 2014. 45. The Cabinet of Ministers 31 December 2013 issued by this law, the seventeenth paragraph of article 8.2 and article 24.3 of the ninth part of these provisions. 46. Article 39 of this law, the first subparagraph of paragraph 2, "b" in subparagraph (amended, which shall enter into force on 1 august 2013) and 24.3 of the first paragraph of article 2, point "b" referred to in the off condition applies also to those of this law article 8, first paragraph the following procurement procedures, and the seventh in the form prescribed in part procurements (if was intended to apply this law to the provisions of article 39), which has opened up to July 31, 2013 to unless the candidate or tenderer is not excluded from participation in a procurement procedure or a purchase until July 31, 2013. 47. Article 39 of this law and article 2.1 24.4, first paragraph, of the candidates or contractor excluded from further participation in the procurement procedure, as well as the applicant's offer with the appearance of the contracts concluded by the customer or the General default arrangement, if the supplier of any contracts or general agreement for a breach under the concluded contracts or general agreement the customer has unilaterally backed out of contracts or general arrangement , applicable in those cases where the client has unilaterally backed down from the contracts or arrangements on the General after July 31, 2013. 48. This law 24.3 of the first paragraph of article 1, point "c" referred to in the off condition attributable to the applicant, tenderer or 39.1 of the Act of the first paragraph of article 7, paragraph person if the offence is committed or continues after July 31, 2012. 49. This law 24.3 of the first paragraph of article 2, paragraph "a" and in paragraph 3 above, the exclusion conditions apply to the applicant, tenderer or 39.1 of the Act of the first paragraph of article 7, 8 or 9 persons referred to in paragraph a, if the offence is committed or continues after 15 June 2010. " The law shall enter into force on 1 august 2013. The Parliament adopted the law of 20 June 2013. The President a. Smith in 2013 on July 5.