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The Amendments To The Public Procurement Law

Original Language Title: Grozījumi Publisko iepirkumu likumā

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The Saeima has adopted and the President promulgated the following laws: the amendments to the public procurement law to make public procurement law (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2006, nr. 10, 6. No; 2007; 2009, no. 17; Latvian journal 2010, 91 no; 2012, 24, 109 no; 13, 129, 183, 194. no; 2014, 175. No.) the following amendments: 1. Supplement article 5 to paragraph 10 by the following: ' 10) the supplier's services to attract University students from countries that are not Member States of the European Union. " 2. in article 8.2: to make the fifth subparagraph of paragraph 2 as follows: "2) in the light of the State revenue service's public tax debtor database last update date of the data, it has been established that the applicant on the day when the notice of the planned agreement published in the procurement monitoring Bureau home page, or the day of the purchase, the Commission adopted a decision on the purchase, if the purchase is not required to publish notice of the planned agreement, or the day the decision on the award of the contract, Latvia or the State in which it is registered or has its habitual residence is the tax debt, including State social security payment arrears, which totals in one of more than 150 countries. "; Supplement fifth with paragraph 3 by the following: "3) specified person of the applicant that the applicant based opportunities to demonstrate that it meets the qualifications in the statement of the planned agreement or purchase documents, as well as to the members of the partnership, if the applicant is a partnership, apply this part 1 and the conditions referred to in paragraph 2. '; turn off the sixth; to make the seventh and eighth by the following: "(7) in order to verify whether the applicant can not be excluded from participation in procurement in the fifth subparagraph of this article 1, 2, or 3. the circumstances referred to in paragraph 1, the Subscriber: 1) in the case of registered in Latvia or the resident applicants, and fifth subparagraph of this article, paragraph 3 by using a certain cabinet information system cabinet in order obtain information: a) on the fifth subparagraph of this article referred to in paragraph 1 the facts — from the enterprise register (b) of this article), the fifth part of the facts referred to in paragraph 2, of the State revenue service. The principal relevant information from the State revenue service is entitled to, without requiring the applicants and the fifth subparagraph of this article, paragraph 3 of the consent of the person concerned; 2) for a foreign country or a resident registered applicants, and fifth subparagraph of this article, paragraph 3 of the said person, request the Tenderer shall submit to the competent institution a certificate attesting that it and the fifth subparagraph of this article, paragraph 3 does not apply to the persons referred to in the fifth subparagraph of this article in particular cases. The deadline for submission of the certificate the Subscriber set not less than 10 working days after the request is issued, or the date of dispatch. If the applicant is not made within the time limit referred to in the certificate, the Subscriber to the exclusion from participation in procurement. (8) depending on the seventh of this article paragraph 1 of part b (a) to review the results of the Subscriber: 1) does not preclude the applicant from participation in procurement, if it finds that, in accordance with Cabinet of Ministers within the information system of the information to the applicant and the fifth subparagraph of this article, paragraph 3, that person is not a tax debt, including State social security payment for debt, which totals more than 150 euro; 2) inform the applicant of the fact that, according to the State revenue service public tax debtor on the date of the last update of the data in the information or it has been established that the fifth subparagraph of this article, paragraph 3 that person on the day when the notice of the planned agreement published in the procurement monitoring Bureau home page, or the day of the purchase, the Commission adopted a decision on the purchase, if the purchase is not required to publish notice of the planned treaty or the day the decision on the award of the contract, has tax arrears, including State social security payment of debts, which total in excess of 150 euro, and set a time limit — 10 days after the issue of the information or the date of the transmission, receipt. The applicant to demonstrate that it, and the fifth part of this article, paragraph 3 of the person was not a tax debt, including State social security payment debt which totals more than 150 euro, submit the relevant person or its representative, a certified printout from the State revenue service electronic declaration system that the person concerned was not a tax debt, including State social insurance contributions receivable, which totals more than eur 150. If the deadline is not the proof submitted, the customer is excluded from participation in procurement applicant. "; adding to the fifteenth part with the words "as well as contracts for the supply of foodstuffs, subject to the green procurement requirements laid down in the legislation on public procurement requirements using environmental criteria in their application of food delivery and catering services."

3. in article 39.1: make the first part of paragraph 5 by the following: "5) according to the State revenue service public tax debtor on the date of the last data updating the information contained in it is established that the candidate or tenderer is the day when the contract notice published in the procurement monitoring Bureau home page, or the day of the purchase, the Commission adopted a decision on the purchase, in the case of a procurement procedure need not publish a contract notice whether the applicant, in respect of which the decision on the award of the contract, the date of adoption of this decision in Latvia or the State in which it is registered or has its habitual residence is the tax debt, including State social security payment arrears, which totals in one of the countries more than 150 euro; "; to make a fifth by the following: "(5) a subscriber check on the first part of this article down the exclusion of candidates or tenderers in the cases being made for: 1) each candidate in a closed competition, competitive dialogue and negotiated procedures with prior publication of a contract notice, when it initiated a tendering; 2) each applicant bid, the negotiated procedure without prior publication of a contract notice and article 8 of this law, the seventh part of the purchase (if the customer purchase documents intend to apply the first subparagraph in the off condition) when initiating the evaluation of tenders. " express the sixth part as follows: "(6) a subscriber check on the first part of this article, the applicant referred to in paragraph 5 of the existence of the exclusion shall also be carried out in respect of each applicant, which should be awarded the contract before the date of the decision on the award of the contract."; Add to the introductory part of the seventh paragraph by the words "to check" with the words "registered in Latvia or permanent resident" and after the words "the said facts, the principal," with the words "as well as the supplier of myself"; off the seventh part of paragraph 3, the words "and the Latvian authorities"; to make the eighth paragraph of part 2 as follows: "2) shall inform the applicant or the applicant of the fact that, according to the State revenue service public tax debtor on the date of the last update of the data in the information that is found or the first part of this article 7, 8 and 9 to the person referred to in the day when the contract notice published in the procurement monitoring Bureau home page, or the day of the purchase, the Commission adopted a decision on the initiation of the purchase If, in respect of a procurement procedure need not be published in the notice of contract, or on the day on which the decision on the award of the contract, has tax arrears, including State social security payment of debts, which total in excess of 150 euro, and set a time limit — 10 days after the issue of the information or the date of the transmission, receipt. The candidate or tenderer to confirm that it, as well as the first part of this article 7, 8 and 9 to the person referred to was not the tax debt, including State social security payment debt which totals more than 150 euro, submit the relevant person or its representative, a certified printout from the State revenue service electronic declaration system that the person concerned was not a tax debt, including State social insurance contributions receivable that totals more than eur 150. If this deadline is not submitted, the proof of the candidates or contractor excluded from participation in procurement. "; make a tenth as follows: "(10) to check on foreign registered or resident in the candidate or candidates, or the first part of this article 7, 8 and 9 mentioned in paragraph a person established or resident in a foreign country, not to apply the first subparagraph in the off condition, the Subscriber, other than the cases referred to in the eleventh paragraph, requires that the candidate or tenderer shall submit to the competent institution a certificate stating that the candidate or tenderer or the first paragraph of this article 7, paragraphs 8 and 9 of the persons referred to in this article do not apply in cases referred to in the first subparagraph. The deadline for submission of the certificate the Subscriber set not less than 10 working days after the request is issued, or the date of dispatch. Where the candidate or tenderer is not made within the time limit referred to in the certificate, the Subscriber to the exclusion from participation in the procurement procedure. " 4. Article 48: Supplement to article 1.1 part as follows: "(11) the customer is obliged to examine whether the offer is not unduly cheap, if it establishes that the applicant indicated in the offer or the subcontractor workers an average hourly rate while in one of the professional groups in the first three quarters of the year the last of the four quarter period up to the date of the offer is less than 80 percent (or does not reach the national minimum hourly rate) from workers ' average hourly rates in the profession in the country of the Group during the said period After the State revenue service collected data, published in the State revenue service home page on the internet. Where the applicant is registered as a taxable person for the last four quarters of the year in the period up to the date of the offer, take into account workers ' average hourly rate for a period from next month after month of registration until the day of submission of tenders. The client requests that the applicant together with the offer submitted prints from the State revenue service electronic declaration system of the applicant and its subcontractor indicated in the tender average hourly rates in the profession groups. '; Add to the second part of paragraph 6 by the following: ' 6) the difference between the tenderers and the subcontractors indicated in the tender in workers ' average hourly rates for professional groups and State revenue service collected data on workers ' average hourly rates in the Group of professions. "; make the third paragraph as follows: "(3) the principal, in consultation with the applicant, shall examine all the second part of this article, these factors. The principal of the second paragraph of this article 6, paragraph evaluating the facts required from the State revenue service's opinion on the proposal of the applicant and a designated subcontractor workers ' average hourly rate according to the merits of the tenderers and the subcontractors indicated in the offer of the economic activity. The State revenue service, making tax administration measures, check the average hourly rates are justified and provide an opinion to the subscriber 15 days. " 5. transitional provisions: transitional provisions be supplemented with 59, 60 and 61 of the paragraph by the following: "59. the amendment of this law in the fifth subparagraph of article 8 (2), the seventh and eighth subparagraphs, article 24.3, first paragraph, point 5, the fifth and sixth, eighth paragraph of part 2 and part of the tens, as well as in the third subparagraph of article 48 proposed new wording for article 8.2 the fifth replenishment with point 3 48. Article replenishment with part 1.1, the second part of the follow-up to paragraph 6 and article 24.3 of the seventh part of the introductory part of the supplement after the words "to check" with the words "registered in Latvia or permanent resident" and after the words "the said facts, the Subscriber" with the words "as well as supplier for myself", as well as the amendment of the Act on article 8.2 mute and the sixth part of article 24.3 of the seventh part of paragraph 3, the word "and" exclusion of the Latvian authorities shall enter into force on 1 august 2015. If the purchase or procurement procedure is announced before the date of entry into force of the amendments, it shall be finalised, including the disputed or appealed, in accordance with the provisions of this law that was in force in the purchase or procurement procedures on the day of promulgation. 60. From 1 august 2015 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 paragraph 2 as well as article 24.3, first paragraph, point 5 of the above exclusion of candidates or tenderers will not be subject to the conditions of the real estate tax debt in Latvia. 61. the amendment to article 8 of this law the fifteenth part with respect to contracts for the supply of food products to enter into force in 2014 November 1. " The law shall enter into force on the day following its promulgation. The Parliament adopted the law in 2014 October 2. The President a. Smith in Riga 2014 October 15