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/ta/id/211493

The Saeima has adopted and the President promulgated the following laws: the amendments to the public procurement law to make the public procurement Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2006, nr. 10, 6. No; 2007; 2009, no. 17) the following amendments: 1. in article 3: replace the second subparagraph of paragraph 1, the words ' annexed to the Treaty establishing the European Community "with the words" European Union law ";
to supplement the article with a fifth by the following: "(5) this Act does not apply if, under the law governing the procurement of Defense and security, is closed on the purchase contract, the object of which is to: 1) military goods referred to in the special list in accordance with the Treaty on the functioning of the European Union article 346;
2) goods intended for security purposes and include, or the other way is related to the information in accordance with laws recognized as State secrets;
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 structures, or the provision of services, information on which in accordance with external regulations, recognized as a State secret. "
2. Make the text of article 4 as follows: "(1) this law shall apply to contracts. The client, if necessary, have the right not to apply this law of contracts intended for military purposes and the object of which is the military nature of the goods referred to in the special list in accordance with the Treaty on the functioning of the European Union article 346. On these individual cases decided by the Cabinet of Ministers.
(2) the cabinet shall determine the cases in which and in what order, buying military goods referred to in the special list in accordance with the Treaty on the functioning of the European Union, article 346. purchase offsets are applied. Refund transaction within the meaning of this article is a public supply contract, performance of which is the rules of the foreign military meaning goods supplier's obligation to take action, the objective of which is the eksportspējīg of the local industrial sector, services and research development. "
3. in article 8: Supplement to article 2.1 part as follows: "(21) of article 16 of this law 2.1 and 2.2 in the cases set out in part a Subscriber that has direct regulatory authority shall not apply the first subparagraph in specific procurement procedures and not a purchase of this law in accordance with the procedure laid down in article 8.1, but the purchase of goods and services from central procurement institutions or through the group.";
to supplement the first sentence of the seventh paragraph to after the number "27." with the number "32".
4. in article 8.1: make third, fourth and fifth paragraph as follows: "(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.
(4) the customer shall publish notice of the planned contract procurement monitoring Bureau homepage on the internet, setting the deadline for the submission of tenders, of not less than 10 days (not including the country official holidays) from the date of notification of the planned Treaty is published in the procurement monitoring Bureau homepage on the internet. The Subscriber shall publish on its homepage on the internet in accordance with the third paragraph of this article, the specific requirements for applicants and purchase items by posting this requirement not later than the planned contract notice published in the procurement monitoring Bureau homepage on the internet and provides free and direct access to it.
(5) Submit a tender, the Tenderer shall be accompanied by an attestation stating that it does not exist for the following conditions: 1) declared its insolvency process (except in 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 to contract performance the expected closing date it will be eliminated;
2) then in Latvia and the country where it is registered or has its habitual residence (if it is not registered in Latvia or in Latvia is not in its normal place of residence), is a tax debt, including State social insurance contributions receivable, which totals exceeding 100 lats in each country. ';
Add to article 5.1, 5.2 and 5.3 of the part as follows: "(51) off of the candidates or contractor from further participation in procurement, as well as the applicant's appearance offers, if it finds the fifth subparagraph of this article 1 and referred to in paragraph 2.
(52) the submission of the tenders, the deadline shall be assessed by the Commission submitted purchase offers and choose one or more tenders under the third paragraph of this article the requirements and criteria. The Commission requires from the applicant, which would be awarded the contract, certificate, issued by Latvian and foreign competent authority (if the applicant is not registered in Latvia or in Latvia is not in its normal place of residence), which certifies that it does not have a tax debt, including State social insurance contributions debt, which totals more than 100 pounds in each country. 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. Such documents shall not be required if the principal relevant information in public databases.
(53) the Commission for the purchase of the purchase of the winning tenderer who recognise designated according to article 5.2 of this part. 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 the winner of the applicant's specific comparative advantages. "
replace the first sentence of the sixth paragraph, the words "supplier" with the word "applicant";
to make the seventh subparagraph by the following: "(7) the customer shall inform all tenderers of the purchase of the successful tenderer or tenderers within three working days after the decision. The client within three working days after receipt of the request of the applicant, be issued to the applicant or forwarded this article 5.3 referred to in decision. ";
turn off the tenth paragraph, the words "in relation to the announcement of the planned publication of the Treaty before making a purchase."
5. Replace article 9, third paragraph, the word "ship" with the words "the submission for publication" and the word "ship" — with the words "the submission for publication.
6. Replace article 10 in number, and the words "article 29 of the second, third, fourth, fifth and sixth part" with numbers and words "article 29 of the second, third, fourth, fifth, sixth and seventh subparagraph, article 83 of the second paragraph of point 3, 85.2 of the first paragraph of article 5 and 6 and the second subparagraph of paragraph 2".
7. Supplement article 16 with 2.1 and 2.2 the part as follows: "(21) direct administration Cabinet cases are mandatory for goods and services purchased from the Cabinet of Ministers established the centralised institutions or purchase through them, 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 100 dollars or more.
(22) the Cabinet of Ministers pursuant to article 2.1 of this part determine: 1) where the customer (direct regulatory authority) are required to purchase goods or services from a central procurement institutions or through them;
2) groups of goods and services;
3 centralized procurement) the relevant institutions and the services they provide for the conditions of use. "
8. Express article 27 first and second subparagraph 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 procurement contracts or general agreement or the termination of the procurement procedure or disruption. If the current procurement procedures has not offers or applications submitted, the communication on the results of the procurement procedure, submitted for publication within three working days after the decision on the termination of the procurement procedure or disruption. This part does not apply to procurement contracts which are concluded general agreement.
(2) the decision of a dynamic purchasing system, the Subscriber notice of the results of the award procedure for each contract, submit for publication within three working days after the decision. This condition shall not apply, if the client is notified about the results of the procurement procedure combines in one quarter. The following combined statements of the results of the procurement procedure, to be submitted for publication within three working days after the end of each quarter. "
9. To supplement the law with article 27.1 of the following:

"article 27.1. Voluntary statement of the results of the purchase (1) Subscriber may submit for publication of notices of procurement voluntary results this law, 3., 4 or 5, article 8, article seventh part or article 63 in the case referred to in article 27, in addition to the first submission of the notification referred to in part for publication.
(2) the voluntary statement of the results of the procurement is published so that interested parties can challenge the validity of the purchase that the error made by the Subscriber without applying the appropriate procurement procedure and without publication of a contract notice, and at the same time to prevent 85.3 of this law referred to in the first subparagraph. "
10. in article 28, first paragraph, first sentence: Add to the sentence after the number and the words "article 27" in the first paragraph with a number and the word "the" in article 27.1;
replace the words "and article 79 of the sixth" with a number and the words "article 79 of the seventh".
11. Article 29: express the seventh subparagraph by the following: "(7) the customer is entitled to extend the application and set deadlines for the submission of tenders, by publishing notice of the amendment. If the estimated contract price to the public of works, supply and service contracts is equal to the contract price of the Cabinet of Ministers set boundaries or greater, the minimum period for which the contractor is entitled to extend the application or the submission of tenders, is seven days. This extension of time limits is not considered amendments to the procurement documents in the third and the fifth subparagraph. ";
replace the eleventh paragraph, first sentence, the words "the second paragraph, first sentence, and the first sentence of the sixth paragraph of" with the words "in the second and sixth part";
the twelfth, expressed as follows: "(12) If, for any reason, technical specifications and other documents or additional information is not available or is requested but is not provided with this law, the time limits provided for in article 30 or where the tenders can be prepared only by the place of performance of the contract or get face-to-face with a procurement procedure, supplementary documents, the principal extended the period for the submission of tenders, suppliers would be able to find out all the information necessary for the preparation of the bid. "
12. Article 30 of the expression as follows: "article 30. Access to procurement documents, and additional information (1) the Subscriber provides free and direct electronic access to procurement documents and any additional required documents, as well as the opportunity for interested suppliers to familiarize yourself on the spot with the procurement documents, starting with the promulgation of the procurement procedure. If interested, the supplier is required to issue procurement documents in print, they shall be the principal interested supplier within three working days after receipt of the request, this document provided that the document request was submitted in good time before the deadline for the submission of tenders.
(2) If the supplier is interested the times requested more information about candidate selection requirements, the Subscriber as soon as practicable, but not later than four days before the application deadline.
(3) If the supplier is interested the times requested more information about the documents listed the procurement procedure requirements for the preparation and submission of tenders or the applicant selection, the Subscriber as soon as practicable, but not later than six days before the expiry of the time limit for submission of tenders. If the candidate is timely requested that additional information in article 29 of this law the thirteenth, part 2 in the case referred to in paragraph, the Subscriber as soon as practicable, but not later than four days before the expiry of the time limit for submission of tenders.
(4) additional information the client sends the vendor who asked her a question, and puts this information at the homepage of the internet, which is available in the procurement documents, including the FAQ.
(5) if the customer made amendments to the procurement documents it inserts information about amendments to the home page of the internet, which is available in these documents, not later than the day after the notification on amendments submitted to the procurement monitoring Bureau for publication.
(6) the procurement documents are available freely and without charge. If interested supplier wants to receive bidding documents in print, the Subscriber may request a fee, not exceeding the actual costs of reproduction. "
13. Express article 32 the following: ' article 32. The order in which the candidates and tenderers shall be informed of the results (1) the client within three working days at the same time inform all candidates of the decision taken with respect to candidate selection results (rejected candidate also indicate its application the reasons for rejection) or candidates for inclusion in the dynamic purchasing system (rejected Tenderer shall also submit information on the reasons for the rejection of the offer). The client all the candidates or tenderers shall be informed of the period within which a person pursuant to this law, article 83 of the second subparagraph of paragraph 1 or 2, the deadline may be submitted to the procurement monitoring Bureau request for procurement irregularities. The meaning of this article, it is considered that the information passed to all candidates or tenderers at the same time, if the information passed to them one day.
(2) the client within three working days at the same time inform all tenderers of the decision taken with regard to procurement contracts or general agreement. The Subscriber shall notify the name of the successful tenderer or the designated common names of participants, including: 1) rejected tenderer it reasons for rejecting the offer, but this law, article 17 of the fifth and sixth in the cases set out in part justified the decision on non-compliance or equivalence decision on non-compliance with the offer of functional requirements or performance requirements;
2) applicant who submits an appropriate offer, tender and the successful characteristics of conditional benefits if the tender selection criteria defined in the economically most advantageous tender;
3) the period within which the applicant pursuant to this law, article 83 of the second subparagraph of paragraph 1 or 2, the deadline may be submitted to the procurement monitoring Bureau request for procurement irregularities.
(3) if the purchase procedure is terminated or suspended, or a dynamic purchasing system is not created, the client within three working days at the same time inform all candidates or tenderers of all the reasons for which the procurement procedure is terminated or suspended, or a dynamic purchasing system is not created. The client all the candidates or tenderers shall be informed of the period within which a person pursuant to this law, article 83 of the second subparagraph of paragraph 1 or 2, the deadline may be submitted to the procurement monitoring Bureau request for procurement irregularities.
(4) Subscriber informing about the results, is entitled not to disclose certain information if it can be detrimental to the public interest or would thus be in violation of the supplier's legitimate commercial interests or fair competition rules.
(5) the Subscriber information about the results sent by mail, fax or electronically via a secure electronic signature, or served personally.
(6) the Subscriber informing about the results, retain proof of shipment or transfer information, date and type. "
14. Replace article 35 of the fifth paragraph, first sentence, the word "sent" with the words "submitted for publication".
15. Replace article 37, third paragraph, the words "three months" with the words "of one month".
16. Article 38: put the name of the article as follows: "article 38. Termination of the procurement procedure and disruption ";
replace the first paragraph, the words "and the number and issue a notice of the results of the procurement procedure in accordance with article 28 of this law, as well as notify you of termination to all candidates or tenderers" with the words and figures "send this law article 32 the information referred to in the third subparagraph to all candidates or tenderers shall provide for the publication of this law and article 27 of the communication referred to in the first subparagraph ';
make the second paragraph as follows: "(2) the Subscriber may at any time suspend the procurement procedure, if it has objective justification. The client sends this law article 32 the information referred to in the third subparagraph to all candidates or tenderers shall provide for the publication of this law and article 27 of the communication referred to in the first paragraph, as well as send the termination of the proceeding of the grounds for the procurement monitoring Bureau, specifying the circumstances which were the basis for the suspension of the procedure. ";
to supplement the article with the third part as follows: "(3) if the client decides to terminate the procurement procedure, in accordance with article 62 of this law, the first paragraph of paragraph 1 or article 63, first paragraph, point 1 may apply a negotiated procedure. If the purchase procedure is interrupted, it is not a start. "
17. Article 39 be expressed by the following: ' article 39. The exclusion of candidates or tenderers in terms

(1) the principal of the candidates or excluded from further participation in the procurement procedure, as well as not offer applicants in any of the following cases: 1), the applicant or the person having the candidate or tenderer or representative decision making or control in relation to the candidate or tenderer, with the judgment of the Court or the Prosecutor's statement about the punishment, which entered into force and become the undisputed, is found guilty of corrupting nature of crime , fraudulent activities in the financial sector, criminal money laundering or involvement in a criminal organisation;
2) the candidate or tenderer with the competent authority's decision or a court judgment which has entered into force and become the undisputed, is found guilty of a fundamental breach of labour law in the form: a) to one or more of the 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)) one person without a written employment contract If it is found repeatedly in the course of the year, or two or more persons at the same time the employment without a written employment contract;
3) the candidate or tenderer with the competent authority's decision or a court judgment which has entered into force and become the undisputed, 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 where the relevant institution, found a breach of competition law, of the candidates or is exempted from the fine;
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 it is determined that until the expected end of the contract period the candidate or tenderer will be eliminated;
5) candidate or tenderer in Latvia and the State in which it is registered or has its habitual residence (if it is not registered in Latvia or its residence is in Latvia), is a tax debt, including State social security payment of debts, which total more than 100 pounds in each country;
6) registered in Latvia (permanent residence), the candidate or tenderer workers ' average monthly earned income for the first three quarters of the year over the last four quarters period up to the year of the application or the date of the offer is less than 70 percent of the workers ' average income in the country of employment in that period in the sector in question according to the NACE Rev. 2 classification of two-digit level by the State revenue service collected data, published in the State revenue service home page on the internet. Where the candidate or tenderer as the taxpayer is registered in the last four quarters period up to the year of application or the date of the offer, are taken into account the workers ' average monthly income in the period of work from next month after month to application for registration, or the date of the offer;
7) — the candidate or tenderer physical persons who have habitual residence in Latvia, which did not employ other people and has registered as an economic analyst, one twelfth of the declared taxable income from operating activities during the year, which is the annual income declaration deadline is less than 70 percent of the workers ' average monthly labour income in the first three quarters of the year over the last four quarters period up to the year of the application or the date of the offer in the sector in question according to the NACE Rev. 2 classification of two-digit level by State revenue service collected data, published in the State revenue service home page on the internet;
8) registered abroad (permanent residence), the candidate or tenderer workers ' average monthly earned income for the first three quarters of the year over the last four quarters period up to the year of the application or the date of the offer is less than 70 percent of the workers ' average income for the country in which the candidate or tenderer is established (the residence), during the said period the sector according to the NACE Rev. 2 classification of two-digit level. Where the candidate or tenderer as a taxpayer in the relevant foreign country is registered in the last four quarters period up to the year of application or the date of the offer, are taken into account the workers ' average monthly income in the period of work from next month after month to application for registration, or the date of the offer;
9), the candidate or tenderer physical persons habitually resident in a foreign country, which does not employ other people and has registered as an economic analyst, one twelfth of the declared taxable income from operating activities during the year, which is the annual income declaration deadline is less than 70 percent of the workers ' average monthly labour income country in which the candidate or tenderer residence , in the first three quarters of the year over the last four quarters period up to the year of the application or the date of the offer in the sector in question according to the NACE Rev. 2 classification of two-digit level;
10) the candidate or tenderer has provided false information to assess your qualifications or, in General, has not provided the information requested;
11) 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 1., 2., 3., 4., 5., 6., 7., 8., 9., and the conditions referred to in paragraph 10.
(2) the first subparagraph of article 6 and 7 of the information referred to in point collection, preparation and publication of the order is determined by the Cabinet of Ministers.
(3) if the applicant, the applicant's or the first part of paragraph 11 of the person referred to in the insolvency process is 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 candidate or tenderer is not in the exclusion from procurement procedures in accordance with the first subparagraph of paragraph 4.
(4) in relation to the applicant, the applicant and the first paragraph of this article, paragraph 11 of the persons referred to in the first subparagraph of this article 1, 2, and 3. the exclusion referred to in paragraph conditions do not apply, if: 1) from the date of entry into force of the 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 until the application or the date of the offer is three years;
2) from the date of entry into force of the judgment of the Court or other competent authority of the decision taken in the context of the first subparagraph of paragraph 2, "b" offences referred to the application or the date of the offer is the last 18 months;
3) from the date of entry into force of the judgment of the Court or other competent authority of the decision taken in relation to the first part of this article, paragraph 3 of the irregularities to the application or the date of the offer is the last 12 months.
(5) if the customer in public databases, can not get the first part of this article 4, 5, 6 and 7 above, it requires that the candidate or tenderer shall submit: 1) competent authorities certificate, which certifies that the candidate or tenderer and the first part of paragraph 11 of that person is declared insolvency and being wound up;
2) statement, the State revenue service or the municipality in Latvia and which certifies 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 domicile) in Latvia do not have tax debt, including State social security payment debt which totals exceeding 100 lats;
3) statement that the registered abroad (permanent residence) the tenderer or candidate and the first subparagraph of paragraph 11 of that person (if they are registered in a foreign State or foreign country is their permanent residence) in the relevant foreign country tax debt, not including the State social insurance compulsory contribution to the debt which totals exceeding 100 lats.

(6) in addition to the fifth subparagraph of this article referred to in paragraph 2, the certificate contains information regarding registered in Latvia (in Latvian in their domicile) candidates applicants and the first paragraph of this article 11. persons referred to in paragraph 1, the State revenue service shall also include information on the persons concerned workers ' monthly average labour income in the first three quarters of the year over the last four quarters period up to the year of the application or the date of the offer or of the person concerned that is a natural person who is not employed by other people and has registered as an economic analyst, one of the twelve parts of the declared taxable income from economic activity and indicates the sector in which that person is classified according to the NACE Rev. 2 classification of two-digit level.
(7) in order to confirm the first part of this article 8 and the information referred to in paragraph 9, the registered abroad (permanent residence), the candidate or tenderer and the first part of this Act referred to in paragraph 11, the person shall submit his proof.
(8) open competition the Subscriber requests that this article is referred to in the fifth subparagraph, the cognitive and the seventh part of the only attestations referred to it by the applicant, which according to the other notice of contract or procurement documents to the requirements and criteria for the selection of the tender selected would be awarded the contract. The term that this article is the fifth and the seventh part of the submission of the documents referred to in the client determines not less than 10 working days. If the applicant is not made within the time limit of this article, the fifth and the seventh part of the documents, a subscriber to the exclusion from participation in a procurement procedure.
(9) 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, the principal of the national labour inspectorates collect information on whether the candidate or tenderer and the first part of this article, the persons referred to in paragraph 11 in Latvia or abroad is punished for such violations related to the employment of persons without a written employment contract.
(10) if any documents the supplier can demonstrate that to him and the first part of this article 11. persons referred to in paragraph 1 does not apply the first subparagraph in circumstances, shall not be issued to or by these documents is not sufficient to demonstrate that the supplier and the first part of paragraph 11 of the persons referred to in this article do not apply in the circumstances specified in the first subparagraph, such documents may be replaced by a sworn or If the oath at the national laws do not provide for the same vendor, or the first part of this article, paragraph 11 of the statement of the person referred to the competent executive or judicial authority, a notary or a competent jury concerned organization to their registration (permanent residence) in the country. "
18. To supplement the law with article 46.1 the following: "article 46.1. Special rules for procurement in the field of road transport (1) Subscriber, purchase a vehicle, take into account the operational impact on energy and the environment, and to this end, assessed at least energy consumption and carbon dioxide, nitrogen oxides, methane-hydrocarbons and particulate matter emissions.
(2) The vehicle category purchases apply the requirements of this article, as well as the vehicle operating cost calculation methodology is determined by the Cabinet of Ministers.
(3) the first subparagraph of this article, the requirements the client executes in one of the following ways: 1) technical specifications include requirements for energy consumption and referred to in the first subparagraph the amount of emissions, as well as, if necessary, other aspects of the environmental impact;
2 assess the operational impact) on energy and environment factors, determining the criteria for the evaluation of the tenders in accordance with article 51 of this law. The principal of these factors has the right to express and evaluate in monetary terms, using the methodology established by the Cabinet of Ministers of vehicle operating costs. "
19. Supplement article 55 the fifth sentence with the following: "If the subject matter of the procurement is divided into several parts, and their number is disproportionately large, Subscriber may not call for each part of the proposed price, but copy and to issue each of the opening meeting of financial offers a copy of the requested financial offer according to the form specified for each part of the proposed price, ensuring that the withheld information that is not generally available."
20. Replace article 56 of the fourth part of the second sentence, the word "send" with the words "to submit for publication.
21. Replace article 64, first paragraph, the words and figures "this law, article 63, first paragraph, point 1 and 2, the second subparagraph of paragraph 1 and 2, as well as the third and fourth part" with the words and figures "this law, article 63, first paragraph, point 2, second paragraph, point 1 and 2, as well as the fourth part".
22. in article 67: expressing the fourth paragraph as follows: "(4) a purchase agreement or the General Agreement be concluded no sooner than the next working day following the end of the standstill period, if the procurement monitoring Bureau is not this law, in accordance with the procedure laid down in article 83 of the submitted application for breach of the procurement procedure.";
to supplement the article with the fifth and sixth the following: "(5) in the fourth paragraph of this article, the waiting period is: 1) 10 days after the day on which this Act article 32 referred to in the second paragraph of information sent to all applicants by fax or electronically via a secure electronic signature, or transferred to a person, and in addition to one working day;
2) 15 days after this law article 32 in the second paragraph, the date of the transmission of that information if any applicant it sent by mail, and in addition to one working day.
(6) the purchase agreement or the general agreement can be concluded without the fourth part of this article if: 1) the only tenderer has been awarded the contract and not the candidate, who would be eligible to submit an application of this law, in accordance with the procedure laid down in article 83;
2) is this law annex 2 of part B of the procurement customer service not expected to result in extraordinary circumstances;
3) negotiation procedure is applied in accordance with article 63 of this law, without publication of a contract notice;
4) contract under the agreement on the General switch, in accordance with article 65 of this law;
5) of a contract concluded within the framework of a dynamic purchasing system in accordance with article 66 of this law. "
23. Article 68: a supplement to the second part of the article as follows: "(2) the expression of the consent of the subcontractor Before the change of the Subscriber, the application of article 39 of this law, in addition to verify the conformity of the subcontractor step this law article 39, first paragraph, the requirements and the change of the subcontractor does not agree, if it does not meet these requirements.";
believe the current text of article about the first part.
24. Article 79 of the Present sixth and seventh paragraph as follows: "(6) the client within three working days after the opening of the key promises of the meeting at the same time inform all participants gave the decision taken to throwing the contest results and indicates that person pursuant to this law, article 83 of the second subparagraph of paragraph 1 or 2, the deadline may be submitted to the procurement monitoring Bureau request for procurement irregularities. Informing participants of meta, the Subscriber shall comply with article 32 of this law, the fourth, fifth and sixth requirements.
(7) the Subscriber as soon as possible, but no later than three working days after the sixth part of this article that gave the contestants information submitted for publication notice of sketch contest results in accordance with article 28 of this law. The Subscriber shall not publish information about the casting contest results, disclosure of which impede the application of the law, damaging to the supplier or the legitimate commercial interests of free competition between service providers. "
25. To complement the article 80 of the third paragraph as follows: "(3) the procurement monitoring Bureau is functionally the highest authority for this law, article 81, paragraph 7 of the functions execution."
26. Express article 82 as follows: "article 82. Application to the Commission (1) applications for breach of the procurement procedure, examine the procurement monitoring Bureau created a submission, the Commission (hereinafter the Commission) of three members. The members of the Commission are the procurement monitoring Bureau officials. The President of the Commission meet the criteria referred to in the second paragraph, and at least one member of the Commission meet at least the second part of this article, paragraph 1 of the criterion. For the consideration of submissions, the procurement monitoring Bureau may call upon any expert or experts of the purchase.
(2) the Commission's work, the President of the Commission, which meets the following criteria: 1) he has a higher education in law (mastered the academic programs of study in law or second level higher professional study programmes in law, obtaining legal qualifications);
2) he has at least two years of work experience in the application of procurement irregularities.

(3) a member of the Commission, any expert or experts may not be the person who previously provided advice on the application of the purchase referred to in or are interested in getting permissions to a procurement contract or the conclusion of the General Agreement, or is related to the applicant, or other bidders. Before the consideration of the application, all the members of the Commission, expert and expert in the signature. The meaning of this article, the Member of the Commission, expert and expert is related to the applicant, or other candidates if he is: 1) a legal person, the applicant or the applicant's or owner's family, officers;
2) natural persons — principal applicant or applicants — other relatives;
3) — the legal person applicant or applicants — current or former employee, officer or owner who stopped working relationship or the relationship with the applicant or another applicant for a period of less than 24 months, or their kin.
(4) the Commission decision to be adopted by vote. In making its decision, the members of the Commission are independent and are subject only to the law. Proficient and expert meetings of the Commission shall participate without voting rights, and shall be expressed to the Commission an independent professional opinion on the application during the examination findings or give an opinion on questions of the Commission. "
27. Article 83 of the expression as follows: "article 83. The right to submit an application for procurement procedures (1) a Person who is or has been interested in getting permissions to enter into a procurement contract or the General Agreement or claim to victory, and which in relation to procurement procedures covered by this law, considers that its rights are infringed or is likely this delict caused any of the laws of the European Union or other violations of the laws and is entitled to submit an application for the selection of the candidates or the rules, technical specifications and other requirements that apply to the specific procurement procedure, or on the initiative of a customer or of the procurement activities of the Commission procurement procedures in progress. The meaning of this chapter on the procurement procedure constitutes this law article 8, the seventh part of the application requirements.
(2) the application of the first paragraph of this article the infringements (except in the third paragraph of this article means) the procurement monitoring Bureau you can submit up to purchase the contract or the conclusion of the General Agreement in the following time limits: 1) within 10 days after the date of this law, article 32 or article 79, sixth part that information sent to the person concerned by fax or electronically via a secure electronic signature, or transferred to a person;
2) within 15 days after the date of this law, article 32 or article 79, sixth part that information sent by post to the person concerned;
3) 10 days after the date when this law in paragraph 27.1 of the Declaration published 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 higher.
(3) an application for an open call for proposals and in the contract notice requirements included in the procurement monitoring Bureau you can submit not later than 10 days before the expiry of the time limit for submission of tenders. Application 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 and the contract notice requirements included in the procurement monitoring Bureau may be submitted not later than four working days before the closing date, but the application for closed competitions, negotiated procedure or competitive dialogue invitation requirements in the procurement monitoring Bureau may be submitted not later than four working days before the expiry of the time limit for submission of tenders. Application on casting contest rules and methods of the notice of competition contained requirements may be submitted not later than 10 days before the casting submission deadline.
(4) the application shall be submitted in writing, and shall be the following: 1) the applicant's name and address;
2 the Subscriber) name and address of the submission;
3) facts which are the subject of the application, specifying the breach;
4) legal basis of the application;
5) applicant's claim.
(5) the procurement monitoring Bureau within one working day of receipt of the application for procurement irregularities, inserts details of it in your home page on the internet, showing the principal applicant, Subscriber and procurement procedure, which the applicant contests the legality, as well as inform the Subscriber of the administrative proceedings, sending notice of application received and a copy of the application to the customer's specified fax number or electronic mail address, and the client fails to switch contracts or general agreement pending the decision of the Commission on the results of the examination of the application, or the termination of administrative proceedings.
(6) If an application is submitted for a Subscriber with respect to the legality of the procurement procedure and the application of the same procurement procedure has already been submitted by another applicant, but it has not yet been addressed, these applications can be combined and considered together.
(7) the applicant shall be entitled to withdraw his application, in writing, at any time, as long as the Commission has not taken a decision on the application. "
28. Replace article 83.1 (1) first subparagraph, the words "fourth or seventh" with the words "third or fourth";
29. off 51.7 article.
30. Article 84: make the second and the third part as follows: "(2) in considering an application for procurement irregularities, the Commission may, by decision,: 1) allow to conclude the purchase contract or general agreement and maintain the procurement documents or requirements of a customer or purchase decision, if the application is unfounded or unjustified, but the irregularities found by the Commission may not affect a decision on procurement law;
2) prohibit to close the purchase contract, if the customer does not follow this law, article 32 or article 79, part of the seventh;
3) prohibit the purchase agreement or to conclude a general agreement and cancel the procurement documents requirements or Subscriber or purchase a Commission decision in whole or part thereof, if the application is justified and irregularities found by the Commission could affect the decision on procurement law;
4) to maintain the Subscriber or purchase a Commission decision on the termination of the procurement procedure or, if the application is unfounded;
5) cancel the Subscriber or purchase a Commission decision on the termination of the procurement procedure or, if the application is based.
(3) the second paragraph of article 2, 3 and 5 in the cases referred to in paragraph, the Commission may decide on measures to prevent the irregularities found. The Commission may ask the contractor to stop purchasing procedure only if the removal of the principal procurement irregularities are not otherwise preventable. ";
Add to article 3.1 part as follows: "If the examination of application (31), the Commission finds that the application will be rejected without examination, it is able to accept the decision on administrative matters. If the applicant withdraws the application, the administrative procedure be considered as terminated. ";
replace the fourth subparagraph, first sentence, the words "all suppliers (hereinafter the participants) whose interests might affect its decision" with the words "the applicant (hereinafter the participants), which offer chosen in accordance with the selection criteria of the tender."
31. Make the text of article 85 the following: "(1) the Commission's decision may be appealed to the participants the District Administrative Court of the administrative procedure law. The case heard by a Court of three judges.
(2) administrative district court decision can be appealed in cassation to the Supreme Court Senate Administrative Department. Other court rulings can be appealed against in accordance with the administrative procedure law.
(3) appeals against decisions of the Commission shall not suspend its activity. "
32. To supplement the law with the chapter XII1 and XII2 by the following: "chapter XII1. Procurement contracts or general recognition agreement void, amendment or withdrawal of the provisions or the contract or agreement general shortening the article 85.1. Submission and adjudication of contracts or general recognition agreement void, the provisions of the amendment or cancellation of the contract or the General arrangements, shortening (1) an application for contract or purchase agreement General Declaration of invalidity, 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.

(2) an application shall be submitted to the administrative district court, where the case is heard by three judges. The application and consideration of the Administrative Procedure Act apply to the rules, including the rules on public contracts, the Court insofar as this law provides otherwise.
(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 from the purchase contract or general date of conclusion of the agreement: 85.2 of the first paragraph of article 1, 3, and 4. in the cases referred to in point;
2) within one month from the purchase contract or general date of conclusion of the agreement: 85.2 of the first paragraph of article 2, 5 and 6 in the cases referred to in point.
(4) at the same time with the application or at the hearing the applicant during the administrative procedure, in the cases stipulated by law and can ask to apply interim measures, for it means defining the prohibition to perform certain activities related to procurement contracts or general agreement.
(5) the administrative district court decision can be appealed in cassation to the Supreme Court Senate Administrative Department. Other court rulings can be appealed against in accordance with the administrative procedure law.
(6) If a matter is related only to the purchase agreement or arrangement in force on the general absence of which are not mentioned in this law, the requirement in article 85.2 submitted to the Court of general jurisdiction in civil law.
85.2 article. When the purchase agreement or the General Agreement may be declared invalid, amend or cancel or shorten their terms of contract or agreement of the General time limits (1) the Court or the purchase agreement General Agreement may be declared invalid, amend or cancel or shorten their terms of contract or agreement on the General term in any of the following cases: 1) procurement contracts or agreements concluded in General, without application of this law article 8, first paragraph, the procurement procedure laid down in article 8 or under the seventh paragraph of the purchase procedure If the Subscriber had to be applied;
2) if the customer has wrongly applied article 63 of this law set out in the negotiated procedure, without publication of a contract notice, or wrongly made the purchase of this law, article 8, the seventh part, but in accordance with the procedure laid down in the communication on the results of the procurement procedure has indicated that the reasons for the application of the regulatory framework, as well as informed by the vendor who is the applicant in the Court according to article 32 of this law;
3) procurement contracts or general agreement concluded, pursuant to this law, not 67 in the fourth paragraph of article deadlines;
4) procurement contracts or general agreement entered into in violation of this law, article 83 of the prohibition laid down in the fifth subparagraph, to close a purchase agreement or the General Agreement;
5) purchase contract, according to article 65 of this law, the seventh part of such requirements, if the contract is equal to the contract price, the Cabinet established contract price limits or greater;
6) purchase contract, according to this law, article 66 of the fourth or fifth part of such requirements, if the contract is equal to the contract price of the Cabinet of Ministers established the borders of the contract price or more.
(2) the first subparagraph of this article 1. or 2. in the cases referred to in point a purchase agreement or the General Agreement is recognised as void, modification or repeal the rules, do not shorten the contract or arrangement, the General term is also allowed to breach the law, if the following conditions occur simultaneously: 1) the Subscriber has published this law in article 27.1 the notification referred to in the first subparagraph;
2) procurement contracts or general agreement was concluded not earlier than the eleventh day after article 27.1 of the Act referred to in the first subparagraph of the statement published 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 greater;
3) of this Act has been complied with article 83 of the fifth part of the prohibition to conclude contracts or general agreement.
(3) the first paragraph of this article 5 or 6 in the cases referred to in paragraph do not recognize the purchase contract void, modification or repeal the rules, do not shorten the term to also allow for the violation of the law is, if the following conditions occur simultaneously: 1) the Subscriber has notified the applicant under article 32 of this law;
2) the contract pursuant to article 67 of this law the period referred to in the fourth paragraph;
3) of this Act has been complied with article 83 of the fifth part of the prohibition to conclude procurement contracts.
85.3 article. Judgment of the Court of Justice on the purchase agreement or the General Agreement (1) if the Court finds that the purchase agreement or arrangement concluded in General breach of rules of law, and concludes that the application is granted, pursuant to the conditions of this law, even choose one of the following ways: 1) the judgment recognises procurement contracts or general agreement void from the moment of conclusion;
2) amend or revoke the purchase contract or general agreement. Adoption of this judgment, in addition to shorten procurement contracts or general agreement;
3) shortened contracts or general agreement.
(2) the Court, choosing one of the judgments referred to in the first subparagraph, is not connected with the applicant's indicated in the application object and the boundaries of the claim.
(3) the Court, selecting the first paragraph of this article, 1 or 2, paragraph type to assess which way the judgment case is sufficiently effective, proportionate and dissuasive in order to ensure that the Subscriber does not allow further violations of this law. The first part of this article, paragraph 3 of the judgment of the Court of the nature of this article, only the fourth and fifth in the cases referred to in part.
(4) the Court does not accept the first paragraph of this article, 1 or 2 points, if the judgment is in the public interest to maintain the contracts or arrangements on the General consequences. The financial consequences (for example, the cost of the absence of enforcement, artist Exchange, penalties, or other legal obligations) are not, in themselves, constitute a sufficient basis for the first part of this article 1 or 2 are not referred to in the judgment.
(5) if the purchase agreement or arrangement concluded in General, not subject to this law, article 67 in the fourth paragraph of the deadline or in violation of this law, article 83 of the prohibition laid down in the fifth subparagraph, to enter into contracts or general agreement, and it is found that the procurement procedure until a decision on the winner's discovery has been made in accordance with the requirements of this law and that decision is not affected by the applicant's chances of getting the contract who submitted the application, the Court accepts the first part of this article 2 or 3 paragraph of that judgment.
(6) when any of the first paragraph of this article 1 and referred to in paragraph 2 of the judgment, the Court shall decide on the validity of contracts concluded on the basis of the General Agreement.
(7) a copy of the judgment of the Court shall send the procurement monitoring Bureau.
XII2 chapter. Damages article 85.4. (1) damages for damage to the administrative procedure shall be made in accordance with the administrative procedure law and the public authorities of the damages caused by the law. A case in tort proceedings in order examine the Administrative District Court of three judges.
(2) if the losses suffered outside the administrative procedure for the reimbursement at the request of the applicant, the Court of Justice shall decide upon the application and accepting any 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 may request the civil order.
(3) when submitting an application to the procurement monitoring Bureau in accordance with article 83 of the law of tort is not sought. The damage caused by a Subscriber can request the submission of the application at the Court or with the principals of national regulatory authorities for reimbursement for damage in accordance with the procedure prescribed by law. Procurement monitoring Bureau is not responsible for the damage done to the customer. "
33. To supplement the article 87 (1) of the first subparagraph of point "a" after the word "works" with the words "supplies and services".
34. transitional provisions be supplemented by 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 the following: "14. This law, which shall enter into force on 15 June 2010, do not apply to procurement procedures and the law of contracts referred to in article 8.1, which advertised until 14 June 2010, in so far as these transitional rules otherwise.

15. Article 39 of this law, the first subparagraph of paragraph 2, "a" and "b" in subparagraph (amended, which shall enter into force 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.
16. Article 39 of this law, the first paragraph of point 5 (version which shall enter into force on 15 June 2010) also applies to the procurement procedures as advertised until 14 June 2010 if the candidate or tenderer is not excluded from participation in a procurement procedure before 15 June 2010.
17. Article 39 of this law, first paragraph, 6, 7, 8 and 9, as well as the sixth and seventh subparagraph shall apply from 1 October 2010. The Cabinet of Ministers until 1 august 2010 does this law article 39, second paragraph of those provisions.
18. This law amendment on article 3 of the fifth replenishment shall enter into force on 1 august 2011.
19. The Cabinet of Ministers to the 2010 October issue 5 article 4 of this law referred to in the second subparagraph.
20. Article 4 of this law shall cease to have effect on 1 august 2011.
21. Amendment of this law article 28, first paragraph, first sentence, of the replenishment after number and the words "article 27" in the first paragraph with a number and the word "in", article 27 27.1 article and article 83 the second subparagraph of paragraph 3, which regulates the voluntary statement on the purchase, as well as the second part of article 85.2 shall enter into force on 1 august 2010.
22. the transitional provisions referred to in paragraph 21 of this law amended article 28, first paragraph, first sentence, the entry into force of the Cabinet of Ministers issued the corresponding article 28, first paragraph, first sentence, these provisions. 
23. Article 46.1 of this law shall enter into force on 4 December 2010. The Cabinet of Ministers until 2010 December 4 this Act shall be issued in the second paragraph of article 46.1 these provisions.
24. This law amendment on article 85 of the new wording does not apply to those cases where the applications to the Court concerning the procurement monitoring Bureau's application, the Commission of the decision taken by the appeals submitted by 14 June 2010.
25. This law article 85.1 of the application referred to in the first subparagraph may be made if the purchase agreement or arrangement concluded in General, from 15 June 2010.
26. The application of infringement, which allowed a procurement procedure, in which a notice of the results of the procurement procedure, published until 14 June 2010, to be submitted in accordance with article 83 of the law the second part (the version which was in force until 14 June 2010), which regulates the time limits for the submission of the application for possible irregularities in the procurement procedure. Procurement contracts or general agreement concluded in this procurement procedure in accordance with article 67 of this law the fourth part (the version which was in force until 14 June 2010).
27. the Cabinet of Ministers until 1 august 2010 issue of this law to the provisions referred to in article 10 of this law, article 6, article 9 of the sixth and the seventh part, 25, first paragraph of article 1, paragraph 2 and 3, article 28, first and third subparagraphs, article 29 of the second, third, fourth, fifth, sixth and seventh subparagraph, article 83 of the second paragraph of point 3, 85.2 of the first paragraph of article 5 and 6 and the second subparagraph of paragraph 2. as well as article 87 1 of the first subparagraph of point "a" and "b" in the above contract price. Until the date of entry into force of rules, but no longer than up to 2010 to august 1, apply to the Cabinet of Ministers of 2 May 2006, Regulation No 364 of the "rules on public procurement contract price", as long as they do not conflict with this Act.
28. The Cabinet of Ministers to the 2010 October 1 issue of article 16 of this law the provisions referred to in paragraph 2.2.
29. in the light of the Constitutional Court of the Republic of Latvia on 19 April 2010, case No. 2009-77-01 "on public procurement law and the transitional provisions of article 51.7 in compliance with paragraph 12 of the Constitutional Republic of Latvia 1. and article 92," with what this law article 51.7 was considered not appropriate constitutional Republic of Latvia article 92 and void from the date of entry into force of the judgment, the procurement monitoring Bureau: 1) up to 1 July 2010 to repay this law, article 83 the applicant specified in its application of the security If the procurement monitoring Bureau's application, the Commission's decision on the case is not accepted until 20 April 2010;
2) within 30 days of the final court ruling into force released an application referred to in article 83 the applicant lodged its submission, if the person is in the procurement monitoring Bureau lodge an application for examination of the Commission's decision and the Court that the application is satisfied in full or in part;
3 the application security) including State budget until July 1, 2010, if the procurement monitoring Bureau's submissions, the Commission adopted a decision by which the applicant's application was declared unfounded, except when the person's application to the procurement monitoring Bureau, the Commission's decision to lodge the Court is;
4) within 30 days of the final court ruling into force including the State budget and the security of the application, if the Court has rejected the application of the person. "
35. To complement the informative reference to European Union directives, with 5, 6, and 7, paragraph by the following: "(5)) of the European Parliament and of the Council of 11 December 2007 of Directive 2007/66/EC, Council Directive 89/665/EEC and 92/13/EEC is amended with regard to improving the effectiveness of review procedures concerning the award of public contracts;
6) the European Parliament and of the Council of 23 April 2009. directive 2009/33/EC on the "promotion of clean and energy-efficient road transport vehicles;
7) the European Parliament and of the Council of 18 June 2009. directive 2009/52/EC laying down minimum standards on sanctions and measures against employers of illegally staying third-country nationals staying illegally. "
The law shall enter into force on 15 June 2010.
The Parliament adopted the law of 20 May 2010.
President Valdis Zatlers in Riga V 2010 on June 9.