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/2012/109.2


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 No.) the amendments are as follows: 1. Article 1: turn off 4.1 points, the words "and the last part of which contains the Foundation of the European Union the name abbreviation (first uppercase letters), where the procurement is carried out by the Foundation of the European Union within the framework of the project"; Replace paragraph 9, the words "without regard to the value added tax" with the words "shall include all applicable taxes, excluding value added tax"; Express 10. the introductory part of the paragraph by the following: ' 10) Subscriber: the national or local authorities, municipalities, other public entity or derived its authority, society, which all members are principals, Foundation, whose founders are all principals, as well as a private-law legal person simultaneously meets the following criteria: "; Add to article 10.1 and 10.2 points with the following wording: "101) research and development — all transactions that are associated with fundamental and industrial research and experimental development; 102) tender security — procurement documents for payment of the amount of money specified in the customer account, bank guarantee or insurance for a set amount of money that the applicant together with the offer shall be submitted to the customer as collateral for the validity of the offer; ".
2. in article 3: make the first part of paragraph 6 and 7 by the following: "6) research and development services that CPV code is from 73000000-2 to 73436000-7, except 73200000-4 to 73220000-73210000-7, and 0. this law enforcement exception does not apply, if the following conditions exist simultaneously: a) benefit from the results of the service provided will benefit only the client that these results will be used exclusively for their own needs, b) Subscriber to fully pay for the service provided; 7) the authorities carried out or the supplies or the services provided, which simultaneously meets the following criteria: (a)) it is located in one or more of the principals in complete control (such as the right of the control gets to influence the institution control of important goals and decisions), b) at least 80 per cent of its annual turnover for a specific tasks of the controlling interest of the client or other interests of the client, which controls these institutions controlling the principals , c) the shares or shares in the wholly owned subscribers that it controls; " replace the first subparagraph of paragraph 9, the words "the law" on procurement for public service needs "with the words" public service procurement law "; to make a fifth by the following: "(5) this Act does not apply where, in accordance with the Defence and security procurement law is closed the purchase contract the object of which is to: 1) goods specially designed or modified for military use, and is to be used as weapons, ammunition or military equipment, including military goods referred to in the special list in accordance with the Treaty on the functioning of the European Union article 346. and their components and parts; 2) security objectives for goods, including ingredients and components, which include protected information, processing or otherwise related to such information; 3) works, goods or services directly related to these parts 1 and 2 of goods referred to in any stage of their life cycle; 4) works or services directly intended for military purposes or such buildings or the provision of services, information on which is protected information; 5) works, goods or services, the objective of which is the national armed forces unit security needs (for example, transport, warehousing, health services, food and security needs required the construction works), and the contract is concluded, a State which is not a Member State of the European Union, in a situation where troops deployed outside the territory of the European Union and international operation, or for the provision of international training contracts concluded with suppliers that operate in this operation or training area. "
3. in article 5: replace the words "paragraph 1 of the law" on procurement for public service needs "with the words" public service procurement law "; Replace in paragraph 2, the words "and State and University founded scientific institutions" with the words "as well as the State or the University created in scientific institutions"; to supplement the article with 7, 8 and 9 of the following paragraph: "7) supplies and services private law legal persons fully financed research and development contracts for the execution of the State or the universities create scientific institutions, registered in the register of scientific institutions, if these supplies and services fully reimbursed from the funds received for the research and development agreement; 8) material, reagent and component delivery experiment, mock and prototype development of a State or University scientific institutions, registered in the register of scientific institutions, if these materials, reagents and components need, their parameters, or the quantity determines the research or development process; 9) scientific publications published in scientific periodicals or other scientific publication and paid for it or for the scientists to compensation from the State or the universities created a scientific authority, the scientific institutions registered in the registry. " 4. Supplement article 7, first subparagraph, after the words "policy instruments of the European Union" by the words "or other foreign financial assistance."

5. Express article 8, seventh subparagraph by the following: "(7) where the switch on this law in part B of annex 2 these services, Subscriber may not apply this statutory procurement procedures, with the exception of this law, in article 17, chapter III, article 27, article 30 on the first, fourth and sixth subparagraph, article 32, article 35 and the first paragraph of article 67 of the requirements. The client making a purchase before you publish your Web site to purchase online, specify the period for the submission of tenders and to ensure free and direct electronic access to purchase documents. The deadline for the submission of tenders was not less than 10 working days from the date of publication of the notice. " 6. in article 8.1: the supplement to the third part of the sentence by the following: ' is not allowed to claim to offer are included in the composition of a particular procurement started, which is the object of copyright or be considered part of the service. "; replace the words "in part 5.1 of the candidates or tenderers" with the word "the" and the word "and" with the word "or"; 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. Before the decision on the purchase results in the purchase decision-making the Commission requires from the applicant, which would be awarded the contract, certificate, issued by the competent Latvian or foreign body (if the applicant is not registered in Latvia or in Latvia is not in its normal place of residence) and certifying that the applicant has declared insolvency proceedings and it being wound up and that it is not a tax debt, including State social insurance contributions receivable that total is more than 100 lats. The deadline for the submission of such documents is determined by the customer not less than 10 working days, and these documents are accepted and recognised, if they have been issued not earlier than one month before the date of filing. The following documents the client requests if the information is available in public databases or online, the responsibility of the competent authorities in existing information systems. If the customer does not need information about the applicant obtained directly from the competent institution, the databases or from other sources, the applicant is entitled to submit a certificate or other document of the relevant facts, if a subscriber information above does not correspond to the actual situation. " adding to the seventh paragraph of the text by the following: "as well as your homepage on the internet provides free and direct electronic access to this article 5.3 referred decision."; replace the word "eighth day" with the words "working days"; make a tenth as follows: "(10) a Subscriber is entitled not to apply the fourth paragraph of this article, the provisions of the contract will be closed on this law in part B of annex 2 these services or the purchase complies with this law, the first paragraph of article 62 in the last sentence of paragraph 1 or article 63 of the conditions, as well as in the case above is made in the purchase order and the purchase documents submitted requirements improper offers , 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 the procurement excluded under article 5.1 of this part the rules and meet the designated qualification requirements. "; make the 13th part as follows: "(13) Applicants that submitted the 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. "
7. in article 9: put the second part as follows: "(2) the estimated contract price determined as your planned total payment for performance of the contract by the supplier may be obtained from the client and other persons. The customer, planning a total consideration, take into account any choice and any additions to the agreement, all obligations of the agreement, taxes payable (excluding value added tax), as well as prizes and payment amount if the client provides candidates, applicants, competitive dialogue participants or throwing Contest participants grant awards or payments paid. "; Add to sixth with the sentence as follows: "If the following total estimated contract price is less than 10 000 lats for works contracts and less than 3000 dollars for service contracts, the contractor for the following parts shall be entitled not to apply the law."; to complement the seventh subparagraph with the sentence as follows: "If the following total estimated contract price is less than 3000 lats, then the client in respect of such shares shall be entitled not to apply the law."
8. Article 10: turn off the words "first and"; replace the numbers and the words "85.2 of the first paragraph of article 5 and 6" with numbers and the words "the third subparagraph of article 85.1 2" a "section, 85.2 of the first paragraph of article 2, paragraphs 5 and 6".
9. Article 11: Supplement to article 1.1 part as follows: "(11) the Subscriber requests the applicant, tenderer or tenderers to cast only the information and documents required for qualification and verification of conformity of tenders, as well as the choice of the quotation in accordance with the selection criteria of the tender."; in the fourth paragraph, replace the words "supplier, who participated in a previous purchase of the relevant phases of the project or procurement procedures document development" with the words "If the supplier, its employees or the person indicated in the offer of the supplier has participated in one of the earlier phases of the project in the purchase or procurement procedures document, supplier".
10. Express article 20 the following: "article 20. Subcontractor agreements

(1) the Subscriber to verify that the supplier will be able to execute the purchase agreement, is entitled to require the applicant to indicate in his tender the contract which parts will be subcontractors for the performance, as well as all prospective subcontractors.  (2) public works and service contracts, in case the client requires the applicant to indicate in his tender any of their subcontractors, which works or services value is 20 percent of the total value of the contracts or greater, and each such subcontractor execute works or service to be part of the contract. (3) in the notice of the Subscriber Agreement or procurement documents, as well as the purchase agreement or the General Agreement rules the subcontractor changed arrangements as well as the order in which new subcontractors involved in the performance of the contract under this law, the provisions of article 68. (4) If in the case of works contract procurement procedure is intended by the successful tenderer for the execution of the subcontractor to pass part of the contracts, whose value is at least 50 percent of the total value of the contracts, and the contracts concluded contract price is 3 000 000 LVL or larger procurement procedure the successful tenderer and the subcontractor contracts or agreements concluded as General supplier Association, determining each Member's responsibility. (5) the works to Subcontractors or the total value of the services to be established, taking into account all the subcontractors and purchase its affiliates as part of the works to be carried out or the services to be of value. The meaning of this article on the related companies is considered a corporation in which, in accordance with the laws of the group is a major effect of the subcontractor or subcontractors is crucial impact, or a corporation in which the critical effect is another corporation, which is a decisive impact at the subcontractor. (6) this article as well as this law, 35, 39 and 68 in the meaning of article subcontractor is attached to the applicant or its subcontractor or hired person who performs work or provides the services required by the contracting authority concluded a public works or service contract is fulfilled, irrespective of whether that person's works are performed or services are provided to the applicant or another subcontractor. "
11. Supplement article 22, first paragraph, after the word "exercise" with the words "and the seventh part purchases."
12. Replace the entire law, the words "notification of amendments" (fold) with the words "notice of amendment, termination of the procurement procedure or interruption" (fold).
13. in article 26: put the name of the article as follows: "article 26. Notice of contract, the simplified contract notice and notice of the amendment, the termination of the procurement procedure or interruption "; make the third paragraph as follows: "(3) if the customer shall amend the procurement documents or extending the application or set deadlines for the submission of tenders, terminating or suspending a procurement procedure or create a dynamic purchasing system, it shall publish a notice concerning amendments, termination of the procurement procedure or disruption."; to supplement the article with the fourth and fifth by the following: "(4) if the purchase procedure is terminated or suspended, or a dynamic purchasing system is not created, the client as soon as possible, but no later than three working days after this law article 32 in the third part of the transmission of the information referred to in the candidates or tenderers shall submit for publication notice of amendment, or termination of the procurement procedure. If the current procurement procedures has not submitted offers or applications, notice of amendment, termination of the procurement procedure or interruption shall submit for publication within three working days after the decision on the termination of the procurement procedure or interruption or that a dynamic purchasing system is not created. (5) the customer shall publish a notice concerning amendments, termination of the procurement procedure or the suspension only if it previously published a contract notice. " 14. Express article 27, the first paragraph by the following: "(1) the Subscriber as soon as possible, but no later than three working days after the applicant is informed in accordance with article 32 of this law, the second subparagraph shall provide notice of the publication of the results of the procurement procedure, if a decision on the purchase of the contract or the conclusion of the General Agreement. This part does not apply to procurement contracts which are concluded general agreement. " 15. Add to the first paragraph of article 27.1 after the number and the word "the" in article 5, the words "in those cases or".
16. Article 29: replace the words "the ninth part of this communication" with the words "contract notice"; express the thirteenth part of paragraph 1 by the following: "1) deadline for submission of applications, which may not be less than 10 days from the date on which the contract notice published in the procurement monitoring Bureau homepage on the internet or, if it is determined by this law, sent for publication in the official journal of the European Union, through the official journal of the European Union of the electronic documents system. If the notice is sent for publication in the official journal of the European Union, not through the official journal of the European Union of the electronic document system, the final date for submitting an application may not be less than 15 days. "
17. Article 30: replace the third paragraph, the words "as soon as possible" with the words "five days"; Add to sixth after the word "propagation" by the words "and the ship".

18. Article 31, third paragraph: replace, in paragraph 3, the words "and" and the words "in accordance with article 52 of this law."; turn off paragraph 4; supplemented with paragraph 8 by the following: ' 8) if the purchase is for insurance services, and the client uses the services of the insurance broker, insurance broker company and the total amount of remuneration paid by the insurer broker. " 19. Article 35 of the fourth part: to make paragraph 10 by the following: ' 10) the information (if known) or the agreement on the General Agreement part of the successful supplier planned to subcontract. Public works and service contracts, in the case of applicants specified in the message a min of subcontractors, which works or services value is 20 percent of the total value of the contracts or greater, as well as the following subcontractors for the performance of the work or service to be part of the contract. "; Add to part with 11.1 points as follows: "111) article 54 of this law in the third subparagraph of article 56 or eighth this justification;".
20. Article 37: make the third and fourth subparagraph by the following: "(3) the Certificate and other documents in the cases specified in this Act shall be issued by the competent institution, the customer accepts and acknowledges that if they have been issued not earlier than one month before the date of submission. (4) if the customer does not need information about the candidate or tenderer is derived directly from the competent institution, the databases or from other sources, the candidate or tenderer may submit a certificate or other document of the relevant facts, if a Subscriber for information does not correspond to the actual situation. " to make an eighth of the following: "(8) where this article is applied, the sixth and the seventh part, the Subscriber invites a certain number of candidates, which may not be less than the number of candidates as provided for in the contract notice. If the number of candidates who meet the qualification requirements, is less than the prescribed number, the Subscriber is entitled to continue the procurement procedure, invite the selected candidates to submit a tender. The customer shall not be entitled to call on the suppliers who have not submitted applications or does not meet the requirements. "
21. the express article 38 of the first and the second part as follows: "(1) If the specific procurement procedures to be applied or not, or where the tenders submitted are outside the procurement procedures laid down in the documents or candidates do not meet the designated qualification requirements, the client decides to terminate the procurement procedure, sent 32 of this law referred to in the third subparagraph of article information to all candidates or tenderers and in conformity with this law, article 26, fourth paragraph shall submit notice of amendments to the publication the termination of the procurement procedure, or stop. (2) the Subscriber decides to discontinue a procurement procedure of this law, article 54, second paragraph, and article 56 of the seventh case referred. In other cases, the Subscriber may at any time suspend the procurement procedure, if it has objective justification. Losing the procurement procedure, the client sends the article 32 of this law the information referred to in the third subparagraph to all candidates or tenderers and in conformity with this law, article 26, fourth paragraph submitted for publishing notice of the amendment or termination of the procurement procedure, specifying the circumstances which were the basis for the termination of the proceeding. "
22. Article 39: Add to the first part of paragraph 1, after the words "become the undisputed" with the words "and non-appealable," and after the words "is found guilty of" with the words "an offence of tax equivalent payments and unpaid"; Add to the first subparagraph of paragraph 2 and 3, after the words "become the undisputed" with the words "and non-appealable; make the first part of paragraph 11 as follows: ' 11) the applicant specified that the sub-contractors of the works to be carried out, or the value of the services is at least 20 percent of the total value of the procurement contract, Partnership members, where the candidate or tenderer is a partnership, and the 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 requirements , shall apply to this part 1., 2., 3., 4., 5., and the conditions referred to in paragraph 10. "; replace the fourth subparagraph 1., 2., and in paragraph 3, the words "entry into force" with the words "become the undisputed and conclusive"; make the fifth subparagraph of paragraph 2 as follows: "2) statement, the State revenue service and certifying that the candidate or tenderer and the first part of this article 11, the person referred to in paragraph (regardless of whether they are registered in Latvia or in Latvia in their permanent place of residence) is not in Latvia State revenue service administered by the tax debt, including State social security payment debt which totals exceeding 100 lats;"; Add to article 5.1 part as follows: "(51) the Subscriber requests the fifth subparagraph of this article, in these documents, if the relevant information is available on public databases or online, the responsibility of the competent authorities in existing information systems."
23. Replace article 41 paragraph 3, first subparagraph, the word "statement" with the word "receipt".
24. the express article 45 as follows: "article 45. Supporting document, more information and product samples

(1) if the customer finds that according to this law, 39, 40, 41, 42, 43 and 44. article submitted to the information contained in the documents are ambiguous or incomplete, it requires that the supplier or competent institution explains or supplements the information contained in these documents. The principal term of submission of the information required to determine the proportional to the time required for preparation of such information and submission. (2) if the customer in accordance with the first paragraph of this article has requested to explain or supplement the documents presented, but the candidate or tenderer is not done according to the requirements of the customer, the customer is not obliged to request again to explain or supplement the information contained in these documents. (3) in the course of the evaluation of the tenders, the client is entitled to request that is explained in the technical and financial information contained in the offer, as well as the submitted samples of the products, if they are necessary for the conformity assessment of the product and the applicant documents not available to the Subscriber can prove compliance with the goods. The client is not required to submit samples of goods, which produced agreement or adjustable run time according to its requirements, if such samples are not available to the supplier before conclusion of the contract of purchase, as well as product samples, submit to the vendor which creates undue spending. "
25. Add to article 46 of the fourth subparagraph by the following: "(4) if the client, before deciding on a purchase contract, finds that the evaluation of the tenders according to the selection criteria of the tender selected is the same, it chooses the offer submitted by the supplier, employing at least 20 convicted prisons." 26. Replace article 46.1 of the third subparagraph of paragraph 2, the figure "51" with the number "46". 27. Article 51, first paragraph: 1. turn off point "d" section; Replace paragraph 1 under "e" words "and" and the words "in accordance with article 52 of this law."; Add to part with point 7 by the following: ' 7) if the purchase is for insurance services, and the client uses the insurance brokerage services, insurance brokerage firms and the total amount of remuneration paid by the insurer broker. "
28. Make 52 of article as follows: "article 52. The tendering security (1) the customer is entitled to request that the applicant submit or in the security of contributions. The principal procurement documents "security types, extent and duration, as well as the date of filing and remitting payment of service, and rules. (2) the tender security shall be determined reasonable, taking into account the estimated contract price of the purchase and the object of the contract, but not more than two per cent of the estimated contract price and not more than 10 000 lats. (3) the term of the tender security shall determine proportionate, taking into account the complexity of the procurement and tendering period, but may not exceed six months from the date of opening. (4) security of the supplier is entitled to submit as a bank guarantee, insurance, or if the customer such opportunity is anticipated procurement documents, and the amount of money lodged in an account specified by the customer. (5) the tender security shall be in force for the shortest of the following time limits, except that this article is referred to in the sixth part: 1) procurement procedures documents offers a set of minimum guarantee period; 2) if the procurement documents are laid down that the tenderer whose offer is chosen in accordance with the criteria for the selection of the offer, before the conclusion of the contract, the contract shall be submitted, to the date on which the successful tenderer shall submit such agreement; 3) up to the conclusion of contracts. (6) if the procurement documents and contracts stipulates that the tenderer whose offer is chosen in accordance with the selection criteria of the tender, the security contract after the conclusion of the contract, with respect to that person, the tendering security shall be in force until the day when it shall submit such a security agreement. (7) a guarantor paid subscriber or subscriber charge the applicant the amount of the tender security if: 1) the tenderer withdraws his tender during the period of validity of the tender security; 2 the tenderer whose offer) is chosen in accordance with the criteria for the selection of the offer, the Subscriber has not submitted within the time limit set by the procurement documents and contracts as provided for in the contract; 3 applicants who quote) is chosen in accordance with the selection criteria of the tender, did not sign the purchase agreement or the agreement of general contractor within the time limit. " 29. Article 54: Add to the article with the second and third subparagraphs by the following: "(2) if only one candidate meets all the selection rules or candidates in the contract notice the candidate set selection requirements, the Subscriber decides to discontinue a procurement procedure, the exception referred to in the third subparagraph. (3) in the second case referred to a Subscriber may not interrupt the procurement procedure, if it can be justified that the market does not operate enough candidate selection requirements of appropriate suppliers. In this case, the Subscriber shall specify the grounds of the procurement procedure, in addition to the message including the justification that the candidate selection requirements are objective and proportionate. " believe the current text of article about the first part.

30. Article 55: make the first paragraph by the following: "(1) if the customer intends to hold a meeting of interested suppliers tender rules or closed in the invitation to tender is given the venue and time. The supplier has the right to propose to the interested suppliers are meeting. The principal stakeholder meeting if the supplier no later than 20 days before the date of the opening has received at least two proposals from interested vendors to hold a meeting of interested suppliers. The meeting will be held no later than 10 working days before the opening of the tenders and the information about the meeting place a Subscriber homepage on the internet at least five business days in advance. Subscriber shall provide further information and reply to questions during the meeting. In the course of the meeting recorded. "; to complement the fourth paragraph after the word "time" with the words and figures "except for article 83 of this Act in the cases referred to in part 5.1"; Add to article 4.1 of this part: "If this law (41) article 83 of 5.1 in the case referred to in the application, the Commission (article 82) adopted this law, article 84 of the second paragraph of the decision referred to in paragraph 1, or administrative proceedings are terminated, the client in their home page on the internet publish information about the opening of the meeting place and time, as well as inform tenderers at least three working days in advance. If the Commission adopts this law, article 84 of the second subparagraph of paragraph 3 or the decision referred to in the third subparagraph, the Subscriber will open the tenders submitted and shall issue or send them back. "
31. Supplement article 56 with seventh and eighth 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 Subscriber decides to discontinue a procurement procedure, except that this article is referred to in the eighth. (8) in the seventh part of this article in case the Subscriber may not suspend the procurement procedure, if it can be justified that the market does not operate enough applicants for the selection requirements of appropriate suppliers. In this case, the Subscriber shall specify the grounds of the procurement procedure, in addition to the message including the justification that the applicant made the selection requirements are objective and proportionate. " 32. Supplement article 62 with 1.1 part as follows: "(11) if the customer applies the negotiated procedure under the first paragraph of this article, it shall indicate in the contract notice the choice of the negotiated procedure description or, if this is not possible, this justification on its homepage on the internet no later than the date of publication of a notice of contract."
33. Article 63: Supplement to the fourth part of paragraph 2, after the word "above" with the words "open or closed competition; to supplement the article with a fifth by the following: "(5) if the customer applies the procedure under the first paragraph of this article, 2 or 3, the second subparagraph or paragraph 1 of part IV of its homepage on the internet placed the reasons for the choice of the negotiated procedure not later than the day when the suppliers sent the invitation to participate in the negotiations."
34. in article 67: make the third paragraph as follows: "(3) the procurement contract shall be concluded for a period not exceeding five years. The Subscriber is entitled to conclude contracts for a longer time, if there is any of the following conditions: 1) it is for the other laws; 2) it is indispensable to ensure compliance with the contract subject matter directly related to the technical or economic conditions. In this case, before the commencement of the purchase, which is the direct customer administration, need to get the permission of the Cabinet, but the principals that are direct administrative authority — derived public person concerned authorities. "; Add to article 3.1 part as follows: "(31) in the third subparagraph, in the cases referred to the principals in the notice of the results of the procurement procedure, specify the reasons for the existence of circumstances which give the right to conclude contracts for a longer period of time."
35. To supplement the law with article 67.1 the following: ' article 67.1. Procurement contracts or general agreement amendment (1) shall be permissible only in contracts or general arrangements, non-essential amendments. Substantive amendments may be made to this article, only in the cases referred to in the second subparagraph. (2) the relevant contracts or amendments to the general arrangement is allowed in any of the following cases: 1) procurement contracts or general agreement clearly and explicitly provides for the possibility of amendments, cases where amendments are permissible, the extent and the nature of the amendment; 2) in accordance with article 63 of this law, the conditions for the amendment of the contract is applied to the negotiated procedure without prior publication of a contract notice; 3) procurement procedure successful tenderer (Contracting Party) replaced according to the commercial areas of regulatory provisions for the reorganization of economic operators and the company's transition. (3) procurement contracts or amendments to the General Agreement is significant in any of the following cases: 1 the amended purchase agreement) or the general terms of the agreement, if they were designed for procurement documents, allow different submission of tenders or other participation of candidates or tenderers in procurement procedures or choices; 2) economic equilibrium (for example, allocation of risk and the compensatory measures) foreseen by the contract or purchase agreement, General changes in the procurement procedure in the interests of the successful tenderer; 3 in the purchase contract) includes supplies, services or works which originally concluded the purchase contract or agreement in General; 4) procurement procedure successful tenderer (Contracting Party) shall be replaced by another supplier. "
36. Article 68 of the expression as follows: "article 68. The performance of the contract staff and subcontractors involved in the replacement

(1) the successful tenderer in the procurement procedure (procurement contracts or general arrangement the party) is entitled without the coordination with the client to make staff and subcontractors replacement as well as additional personnel and the involvement of subcontractors in the performance of the contract, except in the second and fourth cases referred to. (2) the procurement procedure of the successful tenderer's staff that it had involved the performance of the contract, which provided the information and qualification of customer compliance requirements customers have appreciated, as well as subcontractors, which features a procurement procedure based on the successful tenderer, to demonstrate your qualifications for the notice of compliance with the contract and procurement documents, the conclusion of the contract may change only with the written consent of the Subscriber, subject to the third subparagraph of this article, the conditions laid down. (3) the client agrees this not referred to in the second paragraph of article and subcontractor personnel replacement, if there is any of the following conditions: 1) proposed by the supplier or subcontractor does not meet those notices of contract and procurement requirements laid down in the documents relating to the supplier's personnel or subcontractors; 2) is changed to the subcontractor opportunities procurement procedure based on the successful tenderer, to demonstrate your qualifications for the notice of compliance with the contract and procurement documents requirements and the proposed subcontractor does not have at least the same qualifications on a procurement procedure referred to the successful tenderer certifying its compliance with the procurement procedure; 3) proposed subcontractor complies with article 39 of this law referred to in the first subparagraph the exclusion of candidates or tenderers. Examination of the conformity of subcontractors, the contractor shall also apply to article 39 of this law, the third, fourth, fifth, ninth, and tenth subparagraph. Article 39 of this law, in the fourth paragraph, the number of these deadlines from the date of the request for the replacement of staff or subcontractor filed a Subscriber. (4) the successful tenderer in the procurement procedure (procurement contracts or general arrangement the party) can perform this Act article 20 referred to in the second paragraph of the replacement of the subcontractor, not covered in this article, the provisions of the second paragraph, as well as the criteria for later involvement of subcontractors in the performance of the contract, if the successful tenderer in the procurement procedure (procurement contracts or general arrangement the party) on their customer and received notice of the written consent of the Subscriber of the subcontractor or subcontractor new replacements for involvement in the performance of the contract. The Subscriber agrees to a subcontractor or subcontractor new replacements for involvement in the performance of the contract, if the proposed subcontractor not subject to article 39 of this law, referred to in the first subparagraph the exclusion of candidates or tenderers conditions which the client checks, subject to the third subparagraph of paragraph 3. (5) the customer shall adopt a decision to authorise or refuse the selected tenderer in the procurement procedure (procurement contracts or general arrangement the party) or subcontractor personnel replacement or new involvement of subcontractors in the performance of the contract as soon as possible, but no later than five working days after you have received all the information and documents necessary for the decision in accordance with the provisions of this article. "
37. Article 82: replace the first paragraph, the words "and the number one member of the Commission meet at least the second part of this article, paragraph 1 of the criteria" with the words "one member of the Commission is academic or second level professional higher education in law"; make the second paragraph as follows: "(2) the work of the Commission, chaired by the President of the Commission, which meets the following criteria: 1) he has the academic or second level professional higher education in law or Management Sciences or economy; 2) he has at least one year of work experience in the application of procurement irregularities in the proceedings. " 38. Article 83: make the third paragraph as follows: "(3) application for procurement requirements included in the documents can be submitted to the following time limits: 1) not later than 10 days before the final date for submission of tenders, in respect of the tender rules and included in the notice of contract requirements; 2) not later than four working days before the expiry of the deadline for submission of tenders, in respect of closed competition selection rules and the notice of contract, as well as documents relating to the negotiated procedure, with prior publication of a contract notice or tender documents dialog and included in the notice of contract requirements; 3) not later than four working days before the final date for submission of tenders, in respect of a closed competition, the negotiated procedure or competitive dialogue included in the invitation; 4) not later than 10 days before the expiry of the deadline for casting, cast to the contest rules and the communication on the cast included tender requirements; 5) not later than two working days before the final date for submission of tenders, in respect of the purchase documents included requirements of article 8 of this law, the seventh case referred. "; Add to article 3.1 part as follows: "(31) application to the procurement monitoring Bureau you can submit, by taking it personally or by sending by mail, fax or electronically via a secure electronic signature. The application shall be deemed to have submitted to the procurement monitoring Bureau in the second and third subparagraphs, the period prescribed if it procurement monitoring Bureau received: 1) not later than the last day of the time limit, if sent by fax or electronically via a secure electronic signature; 2) not later than the last day of the term of the procurement monitoring Bureau during business hours if sent by post or handed in person. "; Add to article 5.1 part as follows: "(51) if the application is submitted in respect of the requirements of tender rules or in the contract notice or the call for tender offer, then the client in their home page on the internet publish information about the opening of the meeting and does not open tenders submitted, pursuant to article 55 of this law in part 4.1."

39. Replace article 84 of the second subparagraph of paragraph 2, the words "seventh" with the words "the sixth". 40. in article 85: turn off in the first paragraph, the word "members"; to turn off the second sentence of the second paragraph.
41. in article 85.1: make the first paragraph by the following: "(1) an application for a procurement contract or a general recognition of the agreement void, amendment or withdrawal of the provisions or the contract or agreement general shortening can submit article 83 of this Act the person referred to in the first subparagraph of article 85.2 provided for in the first subparagraph."; make the third paragraph as follows: "(3) the application of this law article 85.2 in the first part of the infringements referred to can submit the following time limits: 1) six months after the purchase contract or general date of conclusion of the agreement, with the exception of paragraph 2 of this part" a "and" b "cases referred to; 2) within 30 days after the date of: (a)) the procurement monitoring Bureau homepage on the internet or in the official journal of the European Union, if the purchase contract price is equal to the contract price of the Cabinet of Ministers set boundaries or greater, published a notice of the results of the procurement procedure, in which the customer is included been a justification for the decision to grant the right to enter into contracts or general agreement without publication of a contract notice, (b)) informed the tenderers concerned Subscriber on purchase of the contract or the conclusion of the General Agreement showing 32 of this law. the second paragraph of article 1 or 2 of the information referred to in paragraph 1, or the appropriate candidates for the purchase of the contract or the conclusion of the General Agreement, with the rejection of the application submitted. This applies also to this law, 85.2 of the first paragraph of article 5 and 6 the cases provided for in paragraph 3. "; turn off the fifth subparagraph second sentence; express the sixth part as follows: "(6) where, on application for a procurement contract or a general recognition of the agreement void, the provisions of the amendment or cancellation of the contract or the general arrangement, shortening the application based on the case that is not mentioned in this law, the requirement in article 85.2 submitted in the Court of general jurisdiction in civil law." 42. in article 85.2: make the first part of paragraph 2 as follows: "2) procurement contracts or general agreement concluded, not unreasonably the awarding of procurement contracts or general agreement without publication of a contract notice in the procurement monitoring Bureau homepage on the internet or in the official journal of the European Union, if the purchase contract price is equal to the contract price of the Cabinet of Ministers set boundaries or more;"; Replace paragraph 2 of the second paragraph, the words "the eleventh day" with the words "and the number after 10 days and in addition to one working day".
43. Make 85.4 the second subparagraph as follows: "(2) If a reimbursement is required by this law, at 85.1 claims provided for in article, the Court shall decide the appropriate application and assuming one of this law, article 85.3 referred to in the first subparagraph. The burden of proof for the existence of such damage, and the amount of compensation rests with the applicant. After the date of entry into force of the judgment of such damages can be claimed in the civil agenda. "

44. the transitional provisions be supplemented with 30, 31, 32, 33, 34, 35, 36, 37, 38 and 39 of the following paragraph: "the law amendment 30 article 3, point 7 of the first paragraph of its expression in a new version shall enter into force on January 1, 2013. Subscriber from 1 January 2013 shall not continue the movement of goods, services or works from a supplier to supply goods, provide services or perform construction work assigned by the application of this law article 3, paragraph 7 of the first paragraph in the specified law enforcement exception if the supplier does not comply with this law, article 3, first paragraph, point 7 (a version which shall enter into force on January 1, 2013) criteria. 31. Article 8 of this law referred to in the first paragraph of the procurement procedure and its seventh purchase referred, as well as the procurement referred to in article 8.1, which advertised, published the contract notice, the notice on the purchase or to notification of the planned agreement, until 31 July 2012 to complete, including the dispute or appeal, in accordance with the provisions of this law that was in force in procurement procedures or purchase date of notification. 32. Until the information on the real estate tax debt in Latvia will be available together in one public database or online, the competent authorities concerned in the information held on the system, this law the fifth subparagraph of article 8 (2) and 5.2, as well as in part 39 the first paragraph of article 5 referred to the exclusion of candidates or tenderers conditions do not apply to real estate tax debt in Latvia. 33. This law amendment on article 8.1 of Part 13 of the new version of the expression, which provides that the administrative district court decision can be appealed to the Supreme Court, the Senate Administrative Affairs Department, does not apply to cases where the application of the district administrative court on appeals against decisions taken by the date of entry into force of the amendment. Amendment 34 article 10 of this law on the number and the word "85.2 of the first paragraph of article 5 and 6" with numbers and the words "the third subparagraph of article 85.1 2" a "section, 85.2 of the first paragraph of article 2, paragraphs 5 and 6", as well as amendments of the third subparagraph of article 85.1 and 85.2 of the first paragraph of article 2 of the revised version shall enter into force on august 1, 2012. Until the entry into force of the amendments, the Cabinet of Ministers issued the rules. 35. The law on amendments to article 26 and the third part, the first paragraph of article 27 and article 38 of the first and second part of the expression in the new version and the addition of article 26 with the fourth and fifth, as well as the amendment to this law by replacing the words "throughout the Act Notice of amendments" (fold) with the words "notice of amendment, termination of the procurement procedure or interruption" (fold), shall enter into force on 1 April 2013. 36. Article 39 of this law, the first subparagraph of paragraph 1, the principal of the candidates or excluded from further participation in the procurement procedure, as well as not offer applicants if it or this law article 39, first paragraph, point 11 of the person found guilty of an offence of tax equivalent payments and unpaid, applicable in cases where the offence is committed or continues after July 31, 2012. 37. Article 39 of this law, first paragraph, point 3 (version which entered into force on 15 June 2010) the exclusion referred to in the conditions applicable to the applicant, the applicant or the person to whom the possibilities of the candidate or tenderer is based, to demonstrate that it meets the qualifications in the statement of the contract or procurement document requirements if the infringement is committed or continues after 15 June 2010. 38. Article 68 of this law shall also apply to the provisions concerning the contracts concluded until July 31, 2012, in so far as these agreements do not specify other staff involved in performance of the contract and the replacement conditions of subcontractors. 39. The Cabinet of Ministers provides that from 1 January 2014 the law of article 5.2, in part 8.1 and article 39, first paragraph, 1, 2, 3, and 5. the information referred to in paragraph 1 the client is available in public databases or online, the responsibility of the competent authorities in existing information systems. "
45. To complement the informative reference to directives of the European Union with paragraph 8 by the following: ' 8) of the European Parliament and of the Council of 13 July 2009. directive 2009/81/EC coordinating procedures in respect of the contracting authorities or entities acting in the area of security and defence, assign specific works, supply and service contracts and amending directives 2004/17/EC and 2004/18/EC '. The law comes into force on august 1, 2012. The Parliament adopted the law of June 21, 2012.
The President a. Smith in 2012 on July 12.