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For State And Local Government Order

Original Language Title: Par valsts un pašvaldību pasūtījumu

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  The Saeima has adopted and the President promulgated the following laws: For State and local governments order chapter I. General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) national or local order, delivery of goods, works or services order which are wholly or partly paid for with State or local funds (excluding State and local governments or the companies ' operating result achieved in features), as well as the preparation, implementation, acceptance, the related billing and other procedures;
2) State or local customer-order party contractor or potential contractor party — State institutions (Ministry, agency or other institution) or body or local authority; the State or municipal enterprise or company, another company or a company in the case of goods, works or services is fully or partially paid by State or local funds (excluding State and local governments or the companies ' operating result achieved in features);
3) State or local contract — between the national or local customers and suppliers or the artist of the work contract, the object of which is a national or local order execution;
4) products — the meaning of this law: the raw materials, semi-finished products, komplektējam products, finished products, equipment or other material objects which are not withdrawn from circulation, as well as a private intellectual property, electricity and heat;
5) supply of goods — national or local Subscriber in accordance with national or local order contract goods to be delivered, as well as to the supply of goods referred to related work or services;
6) works-all works related to the construction or building construction, reconstruction, restoration, repair or demolition, including preparation of the construction site and regional planning, communications and equipment Assembly, finishing and decorative work, būvkontrol, as well as related work, including building site civil design, geotechnical survey, drilling, surveying, photography of the territory from the ground or in space, seismic studies and other activities that are related to any of the above works and is separately identified and provided for State or local government contract;
7) services — work, design of transport (except civil design), construction, technology development, training and advisory services, as well as other jobs that are not related to construction or the supply of goods;
8 the applicant — this law) meaning: any legal or natural person who expresses the wish, through this law, 16, 18 and 25. transactions referred to in article 8, to deliver the goods, to carry out work or services and the closure of their State or local government contract;
9) of this Act, the supplier, within the meaning of this law: applicant of duly won the right to deliver goods and entered into on the State or local government contract;
10) work performer — the meaning of this law: the applicant, in accordance with the procedure laid down in this Act won the right to perform work or provide services and concluded on their State or local government contract;
11) State or local procurement (public procurement), the execution of works or supplies award, application of this statutory State or municipality procurement methods;
12) auction — national or local order of the contract granting the public supplier or works contractor who undertakes public order to carry on with the State or the municipality most favourable rules, moreover, this enforcement oriented evaluation criteria are pre-established auction rules;
13) contest the meaning of this law: — national or local order of the contract award, the first public appearance of the offers presented by the applicant pursuant to the invitation to tender shall formulate general requirements, and then continue to the most advantageous offer choices to the detailed auction rules;
14) RFP — national or local order contract for a simplified procedure for granting public;
15) work or services in the economic basis for work or services performed by the State or local authorities of the principal forces;
16) auction (tender), the press published the invitation or prospective applicants already served notice on our auction (tender) and on receipt of the Statute;
17) auction (tender) Charter before auction (tender) developed a document for auction (tender) modalities and procedures as approved by the State or municipality to which the Subscriber and each applicant may familiarize themselves with the procedures specified in the invitation;
18) tender security: amount of funds which the State or local customer before auction (tender) shall refer the applicant wishing to conclude national or local contracts as a guarantee of the auction (tender) for compliance with the regulations;
19) contract (commitment) funds security: the amount that a State or local government customer through the State or local government contract, shall be forwarded to the supplier or contractor work as a guarantee for compliance with the rules of the Treaty, it progresses;
20) nationality, place of registration of the legal person or physical person in the home.
2. article. The purpose of the law this law aims are the following: 1) achieve a rational State and local funds;
2) to promote the widest possible suppliers and the work of the artist circle of involvement of the public order (public order);
3) to ensure free competition between suppliers and the work of performers, as well as equal and fair treatment for them;
4) to make the procurement process transparency and public access, as well as to ensure public confidence in these developments.
3. article. The scope of the law (1) this law applies to all State orders when the goods are delivered, the work performed and services rendered, paying for them entirely or partially with State or local funds (excluding State and local governments or the companies ' operating results achieved in the features).
(2) this Act does not apply to government investment projects jointly implemented by the Republic of Latvia and foreign or international financial organizations, where in each case it ruled by the Cabinet of Ministers.
(3) the provisions of this law on auctions (tenders) not attributable to national orders: 1) related to national security and national defence, as well as with national substantive provisions if, after submission of the relevant ministries in each particular case of it yours, the Cabinet of Ministers;
2) if the public order related to the things that have been removed from a private circulation;
3) if the estimated value of public or State or municipal funds estimated amount in the case of partial financing for the supply of goods or the provision of services (other than construction) is less than 5 000 LVL or works for 50 000 lats. In this case, between State or local customers (hereinafter referred to as the national principal) and suppliers (work performer) enter into a written contract.
(4) the order value to be determined: 1) supplies or works, in particular the amount of the transaction;
2) other services, at their annual volume.
(5) the allocation of public order, which is financed in part from international financial institutions loan funds, applicable international obligations.
4. article. Latvia's international obligations in relation to public procurement procedures if the International Treaty approved by the Parliament, other rules are provided for in this Act apply than international treaty provisions.
5. article. Applicant qualification examination (1) the State is obliged to check customer qualifications of applicants, to decide on his fitness for the delivery or performance of work or provision of services.
(2) the qualifying examination may take place before the auction (tender) for the submission of documents before receipt of auction or at the auction (tender) examination of tenders submitted.
(3) proficiency testing aims to make sure: 1) to the applicant's State or local contract (hereinafter public contracts) needed to fulfill the technical competence, financial resources, equipment and other physical facilities, as well as the experience, management skills, personnel and reputation;
2) applicant has legal capacity and legal capacity to conclude a public service contract;
3) applicant is not declared bankrupt, being wound up (the location of the company stage of privatization is not considered a liquidation), his economic activities have not been suspended or terminated;
4 applicant is not Latvia) tax debt.
(4) in certain cases State Subscriber may nominate other qualification requirements.

(5) All qualification requirements must be predefined auction (tender) or individual qualifications regulations examination regulations (if one is being developed); they must apply equally to all applicants.
(6) If the auction (tender) Charter for qualification examination to examine the documents at the tenders submitted, the examination of qualification is authorized to submit a document, later than the offer, but shall not exceed the time limits laid down for the submission of tenders.
(7) if the background checks to be made before auction (tender), then state the Subscriber shall notify auction (tender) shall be issued upon request (against payment, if any) of such verification requires the list of documents, which should include the following information: 1) this law article 15, first paragraph, 1, 2, 3 and 4 of invitation referred to in the information;
2) instruction on how to draft and submit application for verification of qualifications;
3) synoptic overview of the next public contract rules;
4) the document or information in the description by which the applicant will be able to demonstrate their qualifications;
5) application place, time and agenda, as well as the date; In addition, the period must be long enough so that the applicant could manage to prepare all the necessary documents.
(8) if necessary, state the subscriber list can be included in other documents. National subscriber to this list, you must also specify the period within which he will announce his decision on acceptance or rejection of applicants.
(9) the principal shall take a decision on the applicant's acceptance, in allowing him to participate in subsequent auctions (tenders) process or for his rejection, based only upon the criteria laid down in this article is the seventh document referred to in the list.
(10) the Subscriber shall notify their decision (acceptance or rejection) to each applicant individually; applicants who have been rejected, at their request, the reasons for the rejection.
(11) the State shall, upon request, the customer shall notify the representatives of the press or any interested for further auction (tender) admitted (but not rejected) applicants.
(12) the Subscriber has the right to request at any time from the auction (tender) admitted applicants confirm that they still comply with the qualification requirements. If the applicant is unable or not do or reveal that he provided false or inaccurate information, state the principal he should be excluded from the auction (tender) admitted the applicant list.
6. article. The participation of the applicant (1) State orders to be granted irrespective of the nationality of the applicant, company registration and site, business and property of the form, subject to the fourth-sixth.
(2) If the invitation to take part in the auction (tender) has announced that applicants can participate in the delivery of the work or the supply of a service, regardless of their nationality, that statement may not later be amended.
(3) If a State contractor decided to set limits, taking into account the nationality of the applicant, the causes must reflect this law article 7 referred to in the documentation.
(4) in this Act referred to in the auction (tender) can be held as: 1) auctions (contests) with the participation of foreign bidders;
2) auction (tender) without participation of foreign applicants.
(5) auctions (contests) with the participation of foreign applicants, do any of the following cases: 1) state the estimated amount of the order goods and services (except construction) more than 104 000 lats;
2) estimated amount of public works investment project exceeds 4 000 000 lats.
(6) in the fifth subparagraph of this article 1 and paragraph 2 may not apply conditions, if the supplied goods are produced in Latvia in the Group of industrial and emerging sectors or compensated if the goods produced in Latvia and the Latvian residents for work performed or services do not use can lead to significant social problems. The decision on the application of these conditions in each case adopted the Cabinet of Ministers.
(7) If the amount of the procurement of goods and services does not exceed 104 000 lats or construction — 4 000 000 lats, state the Subscriber is entitled to decide on the participation of foreign applicants.
7. article. Public documentation of progress (1) state the principal obligation is based on the documents, the procurement process in writing to fix: 1), the goods to be supplied or work performed by a brief description of the services to be provided or the Subscriber needs a short definition, which he calls the order to submit tenders;
2 the applicant) name, surname, personal code (legal person — name) and address that submitted bids or proposals;
3) information relating to the qualifications of the applicant;
4) each of the main provisions of the offer (including the price);
5) submitted an offer for comparison and evaluation of the synoptic report;
6) if all tenders auction (tender) has been rejected in accordance with article 23 of this law, the grounds for rejection-such;
7) If using methods other than auction (chapter II), a national order, conclusion of the contract — the finding of the causes of this situation and the reasons for them;
8) if the offer rejected by article 8 of this law in the seventh paragraph of the reasons — information about these conditions;
9 If a national client) sends out invitations to participate in the auction (tender) or the examination of the qualifications of applicants, limited: the information required by the tender in the case of this law article 10;
10) If using methods other than tendering, article 9 of this law the grounds provided for in the fourth paragraph, why the particular method chosen;
National subscriber 11) where in accordance with article 6 of this law restricts the range of applicants according to their nationality, the following themes and constraints;
12) brief information about requests to explain the auction (tender) Charter, or proficiency testing documents, for answers and explanations, as well as of any amendments made to these documents.
(2) part of the documentation relating to the first part of this article 1, paragraph 2 and 9, the case should be available to everyone, after one of the bids is accepted or after procurement process has ended without conclusion of public contracts.
(3) part of the documentation relating to the first part of this article 3, 4, 5, 6, 7 and 12, the case should be available to those suppliers or contractors that have submitted tenders or qualification checks logged on after one of the bids is accepted or after procurement process has ended without conclusion of public contracts.
(4) the information relating to the first part of this article 3, 4, 5 and 12, before one of the acceptance of the offer in the form prescribed in the legislation may require State control, the Court, the public prosecutor's Office or the home. National subscriber information may not be disclosed (except when required by the Court): 1) the disclosure of which would be contrary to law, would impede law enforcement, would be undesirable from the point of view of the public interest, would harm the legitimate commercial stakeholders interests or impede fair competition;
2) relating to the offer or the price provided for testing, comparison and evaluation.
(5) the public order progress documenting procedures under this law determines the Cabinet.
8. article. Openness and equal opportunities tenderers (1) all applicants, if this law provides otherwise, to create equal opportunity to compete for the right to perform public service.
(2) the public order granted at auctions; use other methods allowed, pursuant to this law, only 10, 11, 12 and 13 of these conditions.
(3) in all stages of procurement transparency must be observed. Information exchange between national principals [his appointees auction (tender) Commission] and applicants must be made in writing. The country is the responsibility of the principal of this law the information referred to in article 7 to record in writing and ensure the availability of the Act referred to in article 33 monitoring and control, as well as the officials of the institutions article 7 in the second and third subparagraphs.
(4) the applicant for a proficiency testing rules, auction (tender) Charter, and tendering rules established and in accordance with the procedure laid down in this Act shall be published in advance, and may not be amended during the procedure concerned.

(5) must not impose unequal requirements applicants for the invitation document, review documents, auction (tender) Charter, the document and the type of service of the notice and deadlines, fees for these documents sampling, examination of qualification submitted documents and auction (tender) offer scope and content. Must not prevent the applicant (also foreign candidates) participation in the auction (tender) discriminatory requirements, service or product descriptions, drawings, test methods, labelling of goods, packaging URu.tml. Product (service) descriptions, drawings, auction (tender) regulations, proficiency testing requirements should use standardized descriptions, terms, symbols; If this is not contrary to the nature of the order, schedules to use the phrase "or equivalent".
(6) For foreign tenderers shall not be considered discriminatory requirements for natural persons — būvspeciālist certification and construction as the licensing of legal persons, as defined in chapter III of the law on construction of the third part of article 10.
(7) the period from the submission of the tenders, the auctions (tenders) to notify the public of the results the client, as well as his appointees auction (tender) and other Commission officials banned any negotiations with the tenderers of their offer submitted content; If necessary, only allowed to request additional explanations from the applicants, as well as to discuss possible options under article 24 of this law the ninth part. The client in this period of the country forbidden to inform applicants of the different offers of the existence and content.
(8) state the principal or his or her officials prohibited to accept from applicants or their representatives any rewards for the action or decision related to auction (tender). If the applicant or his representative has given or promised such damages to give, the country is the responsibility of the client to exclude the applicant from further auction (tender), the list of applicants to be admitted immediately to notify applicant and to document this fact in article 7 of this law. This provision does not apply to the charge that the legislation is in accordance with the procedure prescribed for the auction (tender) rules, regulations and qualification testing of advertisements.
Chapter II. Public procurement article 9. Procurement methods (1) a decision on the procurement methods under this Act adopted by the public principal.
(2) the procurement of the basic method is to auction. This law, 10, 11, 12 and 13 in the cases referred to in the article, you can also use other methods: 1) on the basis of the tender award;
2) award, making a price survey;
3) award, reviewing only one vendor.
(3) if the work (services) or the nature of the supplies, the State permits a Subscriber has the right to divide the country into separate parts and order to enable bidders to submit offers for one or more parts; not allowed public unduly divided into parts to circumvent this law, 3, 6, and 11. the limits laid down in article.
(4) If other methods are used, rather than auction, documentation (article 7) to be included in the explanation of the reasons and conditions which justify the use of other methods.
10. article. Conditions for the award of a public contract on the basis of a public tender, a Subscriber can be assigned to public works to tender (article 24), if: 1) it is not possible to state the client to formulate a specification of goods or services with the level of detail to be able to announce the auction, in the following cases: (a)) is missing required technical indicator, it is therefore not possible to draw up auction rules, b) to find out the best, the best and more efficient project or system complicated object production is patented, c) or necessary experiment, d) Subscriber needs a number of possible alternative options;
2) state the subscriber wishes to enter into a contract to perform research or training;
3) auction is announced, but no applicant or subscriber of the country declined all proposals in accordance with article 23 of this law;
4) broken previous national contract due to the fault of the performers and the public decided that the principal holding of auction for the remaining part of the public order is not appropriate.
11. article. Conditions for the award of a public contract for RFP (1) state the Subscriber can be assigned to a State order, obtaining and reviewing information about the prices of the respective day (article 25), the purchase of goods or the provision of services, by asking if the goods or service are not prepared by the State order or customer special specification, but such goods are produced or the services are already being provided regardless of public order, they already have a well-established market and the goods are in the possession of the supplier.
(2) the jobs or the nature of the supply correspond to the first part of this article may be granted by the price survey method, if the estimated value of public procurement is up to 10 000 lats.
(3) the Subscriber may not split the order amount for the individual parts, to use the provisions of this article.
12. article. The conditions are considered only one offer public subscriber may conclude public contracts, only one offer if: 1) it is possible to purchase items or receive services from only one applicant and no other reasonable alternative or substitute;
2) goods or services are urgently needed, therefore, involvement in the auction is not possible or not warranted, provided that the conditions that led to this urgent need, the national principals could not anticipate;
3) have any compelling circumstances or emergency situations, so it is not possible to use the other procurement methods, since they require a certain amount of time;
4) Subscriber, which is already in possession of a purchased item, the supplier of the equipment or technology, determines that additional supplies must use the purchase from the same supplier, or for reasons of standardization to ensure technical compatibility with already purchased items, equipment and technology, taking into account the effectiveness of the original procurement in meeting the needs of the client state, limited additional purchase size in comparison with the initial purchase, as well as if there is a reasonable price and there is no reasonable alternative;
5) customer looking for an opportunity to conclude contracts in order to carry out research, experimentation, training or development which leads to prototype for buying.
13. article. The conditions under which work is performed or services provided to the business, (1) a decision on the carrying out of works or the provision of services in the country of the Subscriber accepts, subject to the cost estimates.
(2) the work to be carried out in whole or in part in the economic, if: 1) such work is cheaper;
2) following the manner of performance required by the nature of the work, the quality or urgency;
3) auction (tender) has not delivered the desired results.
Chapter III. Auction organizing article 14. The auction broke and applicant qualifications examination procedure (1) the public customer who arranges the delivery of goods, works or services ordering, advertised the auction or, if it is intended to request documents for background checks before the invitation to participate in the auction are published in the newspaper "journal".
(2) the invitation to the work, service or supply law enforcement auctions published in newspaper "journal", as well as at least one local newspaper. If the work (except construction) service or delivery value exceeding 500 000 lats or if the value of the works exceeds 4 000 000 lats, also to be published in an invitation to the international press or industry concerned.
(3) a first announcement to be published in a timely manner, not later than 40 days before the auction. In exceptional cases, when it takes delivery of the goods, works or services, the urgency of the period can be shortened to 10 days before the auction.
(4) auction procedure, justification and conditions should this law article 7 referred to in the documentation.
15. article. The content of the call (1) auction invitation shall specify: 1) state the name and address of the Subscriber;
2) actuals, the work to be done and services name and quantity, as well as the place where the goods are to be delivered, you must perform the work or service is to be provided;
3) time limits within which the goods must be delivered, performed or services jobs supplied;
4) applicant's proficiency testing criteria and procedures;
5) in some way, when and where you can get acquainted with the auction rules for documents or to buy them and also charge for them;
6) tender submission date and place;
7) other provisions if the client deems it necessary.
(2) call for background checks might not include the information referred to in the first paragraph of this article 5 and 6, but it still contained the following information: 1) in some way and where you can get regulations or proficiency testing documents and what is the cost of these documents;
2) proficiency testing and submission of documents.
(3) after the announcement of the auction, interested parties can: 1) become familiar with the auction rules;

2) become acquainted with projects, job descriptions and job cost accounting;
3) look at the samples be supplied.
16. article. Auction regulations document accessibility (1) state the Subscriber must pass the auction rules documents at the disposal of the applicant in accordance with the procedures and requirements set out in the call. If the intended qualification test procedures, the Subscriber must pass the State auction rules set of the document for each applicant who passed background checks and paid for the documents (if the pay was intended).
(2) payment of a customer, and it must match the actual costs of reproduction and delivery of the Statute.
Article 17. Auction regulations (1) auction rules, on the basis of which will be prepared to offer auction: 1 basic provisions on the organisation of the auction);
2) applicant qualification test requirements and procedures;
3) auction goods, objects, structures, services, quantitative and qualitative characteristics, contracts, work and supply performance and control arrangements;
4) filed proposal evaluation criteria and procedures;
5) goods, work or services pricing and payment arrangements;
6) offer security requirement, nature, form, amount, terms of payment and other conditions;
7) preparation and submission of tenders;
8) opening, evaluation and contracting procedures;
9) other provisions, references to other legislation.
(2) notification of the auction and auction procedures for the preparation of a document under this Act is determined by the Cabinet of Ministers.
18. article. Auction bid document submission (1) defines the principal auction bid document submission deadline.
(2) If a State Subscriber in the cases specified in this Act amended the offer document content, he should inform all applicants of the amendments made and reported the deadline (if necessary) auction bid document for submission to the tenderers have had time to become familiar with these amendments; If the State organizes a meeting with the principal applicant, he should announce a meeting time and place for all applicants would have the opportunity to participate.
(3) Subscriber may announce later auction bid document submission, if one or more of the applicants are not able to timely applicants to submit their offers in the auction of their independent circumstances.
(4) The offer document submission date and time change state the Subscriber must notify each auction participant.
(5) state the principal after the applicant's request to declare the bid document the date and time.
(6) the offer document must be provided in sealed envelopes to the period provided for in the Statute. On the envelope must bear an indication of the fact that the auction offer addressed.
(7) in parallel with the written submission of the offer document must provide a security for the auction rules and procedures.
(8) the offer document, which do not comply with this law, in article 17 and 18, should be considered invalid, and the security to be paid back.
(9) the tender documents can be submitted to the auction rules set for that day and hour: 1) sending by post to state the customer received them within the appointed time limits;
2) direct public principals officials (the auction Commission).
(10) all offer document to auction store sealed envelopes. Premature opening of envelopes is not permissible.
(11) if the offer document received after the time limit laid down in the Statute of auction, sealed envelope with a tender auction does not open and the State it must be sent back to the customer to the tenderer in question.
(12) the auction bid submission of documents under this Act, the Cabinet of Ministers.
19. article. The validity period of the tender (1) tenders shall be valid only for the auction, the auction rules for a specified time period, starting with the submission deadline.
(2) during the period of validity of tenders in the country the customer may ask the tenderer's agreement to extend for a fixed period of validity of the offer. Then: 1) the tenderer may not agree to the extension of time, and in this case he does not lose the tender security, but extended the offer validity period is preserved;
2) applicants who have accepted the extension of the tender validity period, is also necessary to extend the validity of the tender security, and if this is not possible, to bring new offers support for all the period of extension. If the applicant does not prolong the guarantee period or fail to arrive at a new base, it is believed that he refused the offer's validity extension.
(3) If the auction Statute provides otherwise, the applicant may modify or withdraw its tender prior to the time of the offer, without losing security.
(4) the amendment or revocation of the offer is effective if it is received by the Subscriber of the country before the time for the submission of tenders.
20. article. The tendering security (1) the client may require from applicants who enroll in the auction, the tendering security shall, subject to the following provisions: 1) request applies to all applicants equally and without exception;
2) auction rules would be, what institution or organization can bring security, or to assure that the tender security types and terms are acceptable to the Subscriber of the country;
3) state the Subscriber shall not be entitled to reject the tender security if the security and even offers the applicant meet the auction requirements laid down in the Statute, and where the security is not in conflict with the law;
4) before submitting their tenders, tenderers may request a Subscriber from the State's assurance that the proposed coverage is acceptable. National Subscriber must promptly respond to any such request;
5) proof that the security provided is reasonable, does not exclude the possibility of public providers to opt out of future subscriber who declared insolvent.
(2) the Subscriber must immediately be returned to the Security document if: 1) security deadline expired and it has not been extended;
2) the entry into force of the procurement contract (except where the contract provides for a transfer of the security contract of auction collateral);
3) auction procedure ended without public order, the entry into force of the agreement;
4) offer revoked before the expiry of the period for the submission of tenders.
21. article. Opening bids (1) tender bids in the auction rules designed to start at the time and place.
(2) tenderers who have submitted proposals, or their representatives may participate in the auction opening of tenders, if it is not forbidden to auction rules.
(3) the principal government officials (the auction Commission) in the presence of the participants in the auction opens the sealed envelope and read aloud each of the main data of the offer (including the price). To sign all of the tenders submitted, the Commission, the members of the auction.
(4) the Next part of the auction procedures carried out by the Commission without the applicant and other parties involved in the opening.
22. article. Examination of tenders and evaluation, comparison (1) state the Subscriber is entitled to require from the applicants for their explanation of the tenders submitted, if it is necessary to compare and evaluate the tenders. Quotation and prices essentially no amendments are not permitted.
(2) state the Subscriber is entitled to correct arithmetical errors that occurred in the consideration of the tenders and must notify the applicant of any corrections.
(3) the Subscriber may be considered the offer only if it meets all the rules of the auction to the requirements indicated.
(4) the customer does not accept the offer if: 1), the applicant confirmed its qualifications;
2) applicant that submitted an offer, did not agree with the arithmetic error corrections that made the State the Subscriber in accordance with the second paragraph of this article.
(5) state the Subscriber must compare and evaluate tenders submitted, which were accepted in the auction bidding documents in accordance with the criteria and procedures laid down.
(6) After examination of the tenders submitted in the auction Commission shall draw up a list of the proposed price, check the size of the security lodged, and rejects invalid offers.
(7) if it is provided for in the Statute, State tenders subscriber enables local applicants or locally produced goods in benefit auctions in the calculation of the results and the most advantageous offer.
(8) the auction may be considered successful if: 1) it finished with the best cost, subject to national limits set by the Subscriber (if any was set);
2) national subscriber Protocol records the disclaimer that the most favourable price determined after auction criteria laid down in the Statute. They must be objective and quantifiable, with the proportion and assessed in specific money terms.
(9) in determining the best price at the auction, the State should take into account a Subscriber:

1) goods, services and work quality, transportation costs and other associated costs, local factors, the impact on the environment, the supply of goods and completion of the works, the period of functional performance, commodity and security payment deadline of the works;
2) auctions the acceptance of the offer will affect the country's balance of payments, Exchange resources, local production of the order, including the production, work and materials; the economic development potential, including local investment and other business activities, the employment of the population, certain production reservations local suppliers, the introduction of new technology, scientific development and advanced manufacturing skills development.
(10) the auction shall state the Subscriber must provide that it will examine the bids and make a decision on the conclusion of the agreement with the calculation to the State the Subscriber would be able to report their most advantageous offer to the applicant before the expiry of the offer even in such a case, when the first offer the most favourable to the applicant refuses to conclude a contract or an act referred to in this circumstances lose the contract. If the examination of tenders, compare and review requires a longer period of time or need to conduct research and experiments, or requires the consent of the Cabinet of Ministers, national results may notify the Subscriber at a later time, if this is provided for in the Statute of auction.
(11) if the offer to the applicant within the time limit prescribed by law is not announced auction (tender) as a result, he has the right to withdraw from the contract signing and get back.
(12) the Commission chooses the most advantageous tender and draw up a protocol. Other auction participants who did not receive the work or supply execution rights, issued 10 days ago.
(13) irrespective of whether the applicant was or was not involved in the examination procedure, the qualification of the State have the right to request the customer to the tenderer whose tender judged most favourable reaffirms its qualifications in accordance with the auction rules for criteria. The secondary of the attestation of qualification criteria must be fixed auction rules. If before the auction took place in proficiency testing procedure, the secondary criteria of attestation must be the same as the first proficiency testing procedure.
(14) If from the tenderer who has submitted the best tender, requested the second qualification, but the applicant failed to submit national subscriber he be removed from the auction list of participants and to determine the most advantageous offer from the remaining tenders.
(15) If auction no tenders are submitted, the principal State acts like when all offers are rejected (article 23). If only one offer, the country's principal shall decide whether it is possible for the award of a public contract only tenderer in accordance with article 12 of this law.
(16) salģdzināŽan and novčrtčŽan of the offer of the izsolč atbilstoŽ kārtģb to the law determined Žim Cabinet.
23. article. Rejection of all tenders (1) state the Subscriber is entitled at any time before the acceptance of the offer to reject all offers. National Subscriber must notify each tenderer who requests it, the reason for the rejection of all tenders, but do not need the legal, economic or otherwise.
(2) notice of the rejection of all tenders will be served to all tenderers who have submitted bids in the auction.
(3) Subscriber may reject all tenders submitted, even if the price they do not meet state subscriber previously defined boundaries (if any was set). The following numeric expression within the country the Subscriber must not notify applicants prior to the publication of the results of the auction.
(4) state the Subscriber does not assume any obligations towards the applicants due to the rejection of all tenders.
Chapter IV. Order allocation based on tendering RFP and article 24. Public procurement on the basis of tender (1) contest can be open (in the range of applicants not limited) or closed (range of applicants is limited).
(2) the decision on the organisation of a competition closed to the public, if the customer accepts the assessment of the possible candidates, concluded that only a handful of them have sufficient qualifications to complex procurement. These conditions should be reflected in the tender documentation.
(3) call for tender for proposals shall specify: 1) what products to be delivered or what work should be done by reference to the technical characteristics;
2) supplied products or performing the work and the place of execution;
3) the time limit for receipt of tenders (day and hour), after which no bids will no longer be disregarded;
4) in any way and you may be familiar with the General and technical work and production conditions of supply, construction and other documentation;
5) State in any way to customer, which organizes the competition is right, conclude a public service contract, to choose work or supply actors at their discretion without regard to the price.
(4) organizing the contest, you need to determine whether or not the securities to offer support.
(5) the invitation to participate in an open competition published in the newspaper "Gazette", as well as at least one local newspaper or in a relevant industry issue. The invitation to tender should be closed sending registered mail to a larger number of applicants (at least three), if it is possible.
(6) state the principal determines the criteria according to which will evaluate the proposals, and each criterion, as well as the use of criteria in the evaluation of tenders method.
(7) the tender opening day sign up for Commission submitted written proposals and draw up a list of the tenders.
(8) After the date set out in the invitation and hours Commission new offers or additional statements from participants in the contest are not accepted. The Commission and the national principals have the right to obtain from the contest participants of the oral or written explanations concerning their submissions.
(9) the evaluation of the contest submitted tenders, public subscriber choose favorable deals. In addition, he may take into account not only the lowest job performance or delivery prices, but also the reliability of the host, his earlier work and the quality of the supply, production, properties, offered the urgency, as well as economic interests. In this case, the Protocol or the decision must specify the motives for why certain designated suppliers or operators. If a contest filed only one work or supply lead supply and if it is advantageous and meets the conditions of the competition, the country's principal work or supplies, you can delegate the execution of the legal or natural person who has submitted this offer.
(10) after the State the Subscriber has chosen one or more favorable deals, it has the right to hold negotiations with the tenderers to clarify the details of the offer, and find out what they think about the possibilities the applicant partially amend their submitted solutions. This is to ensure the confidentiality of the negotiations.
(11) the best tender review and conversation (if it happened) in the State of analysis of the results the client chooses the most advantageous solution, developed the auction rules and on the basis of advertised auction, enabling it to participate to other applicants who had submitted tenders.
(12) the applicant who does not agree with the State of the auction rules developed by the Subscriber, have the right to opt out of further participation in the contest, without losing the security.
(13) the tender preparation and procedures established under this law, the Cabinet of Ministers.
25. article. Pricing survey (1) state the Subscriber must request information on pricing from many potential suppliers (work performer). Each of these suppliers (work performer) the request must explain whether they named the price will only apply to the same goods or services or work to include other cost elements, such as transport and insurance costs, customs tariffs and taxes.
(2) for each applicant, which request information that is allowed to communicate only one price and are not allowed to modify it. No talks between the Government and the principal applicant regarding his reported price.
(3) the right to conclude public contracts must be awarded to, who told the best price.
(4) price survey preparation and procedures established under this law, the Cabinet of Ministers.
Chapter v. Government procurement contracts and settlement in article 26. The content of public contracts (1) a public service contract aims to provide all legal, economic, financial and other relationship which may occur during the delivery or providing services to the State or municipal needs.
(2) the public order in writing the draft contract prepared and submitted to the State by the Subscriber. The draft treaty or its main principles can be included in the auction (tender) Charter.
(3) a public service contract must provide: 1) the Contracting Parties;

2) the object of the contract (what works, supplies or services are to be provided at the amount, quality, prices, deadlines, and payment arrangements), as well as control arrangements;
3) work or supply performance and acceptance conditions, in accordance with the requirements of this law;
4) responsibility for the Contracting Parties to the agreement is not complied with;
5) state the customer Supreme, without which the approval agreement shall be effective (if such approval is required);
6 amendment of the Treaty) and withdrawal from the contract;
7) product or service conformity assessment compulsory areas (human life, health, and environmental protection).
27. article. Procurement contracts and procedures for approval (1) of the State or local parties in contractual relations with the national order of performers into the country Subscriber.
(2) except where the State the client uses its article 23 of this law, for the right to reject all proposals, it may refuse an order from the State contracts with the most beneficial offer the applicant if the applicant noticed all this law and on the basis of this law, the adopted legislation.
(3) a contract for works, supplies or services to be concluded within a period of 10 days, counting from the day when the performer received a written notification of the work, supplies or services Award and execution of contract, if the State is specified by the other client. If the work of the artist in this period supply contract does not conclude whether or not contributions in support of the agreement within the time limit laid down in the contract (if any collateral contract), he loses the auction and it is believed that he has abandoned the work, supplies or services.
28. article. The performance of the public contracts regulations (1) state the principal period provided for in the Treaty should be adopted from the artist it made or delivered goods and then must pay the agreed price (or the last payment, if the contract was intended to pay in instalments or advance payment). On the making of legislation should be drawn up, signed by both Contracting Parties. The Act must specify the goods, works or services, citing defects that are not on the rise in the goods, works or services, as well as the defects in the procedures and deadlines.
(2) the State shall be prohibited: 1 customer) accept the money, the goods provided for in the contract work or service;
2) to accept the goods, works or services which do not meet the conditions of the contract;
3) reject the work or supply that met under the agreement.
(3) each Contracting Party shall be responsible for non-execution of the agreement or that agreement is not properly executed its fault.
29. article. The settlement on public order (1) settlement arrangements should be made for public contracts.
(2) after the public order of the State of the client within the period prescribed in the contract, but not later than one month from the date of national public order principal accepted as completed, take all the settlements, including transferring money. If the contract is concluded for a number of years, settlement drawn up separately for each budget year.
(3) while the work or supply the performer has not been paid, he shall submit to the national objection on customer billing accuracy. Submitting an objection does not lose the right to pay what he owed, according to the settlement.
(4) if the work or supply performer in the third paragraph of this article within the time prescribed does not submit the objections about the settlement received, this settlement is not negotiable. If within this period the artist has submitted reservations about the settlement, the State which issued the customer billing, review the settlement and shall notify the contractor of the results within two months.
Chapter VI. Complaint handling procedure article 30. Complaints concerning the conduct of officials of the procurement process (1) each tenderer who considers that national Subscriber in violation of this law, the conditions for the award of a public contract process caused him injury or other harm done to have the right to lodge a complaint with the exception referred to in the third subparagraph.
(2) a complaint may be submitted under the arrangements in accordance with Cabinet of Ministers regulations on the handling of complaints in connection with public procurement.
(3) state the principal activities are not appealable issues: 1) on government procurement methods;
2) on offer for comparison and evaluation methods and criteria;
3) restrictions depending on the nationality of the applicant;
4) for all the rejection of the offer;
5) for applicant background checks of criteria and methods of selection;
6 on the organisation of a closed competition) competition.
(4) the State and local authorities under decisions of the complaints procedure can be appealed against in accordance with the procedure prescribed by law.
31. article. Complaints concerning the performance of a public service contract complaints against public authorities or official orders, delay or failure of duty work, service or supply in the course of the performance of the contract shall be submitted in the order laid down by the law "petition, complaint handling policy proposals and the State and municipal institutions".
32. article. Complaints and claims due to settlement (1) on settlement and issuance of the revised settlement does not set time or on the revised settlement the wrong dialling work or supplies, the bailiff has the right to lodge a complaint under the order or legal action both on the document and all sums of money due to him, and for the damages incurred by the customer or its State officials the wrong action , hesitation or omission.
(2) the complaint concerning the revised settlement cannot be made, which was not mentioned in the statement of objections to the original settlement.
(3) a complaint or claim submitted to the following time limits: 1) If settlement is not provided work or artist, supplies — a month from the day on which the notice of termination of the period prescribed for payment;
2 If, after work or supplies) to performers filed objections on settlement has not issued the revised settlement, — the month of the date of termination of the service of the revised settlement date;
3) if the work or supply the performer is not satisfied with the revised settlement, a month from the date of notification of the revised settlement.
(4) if the work or supply the performer is the responsibility of the complainant in order, he can not bring a court action, but if he has not yet received payment under the order of reference submitted a complaint before the judgment, he may bring a court action, while not yet received payment. An appeal decision taken under a complaints procedure, work or supplies, the bailiff may apply to the courts within one month of receipt of the decision on this complaint.
(5) going to work or supplies, the bailiff may challenge both the billing and other errors the first paragraph of this article, which allowed the matters in connection with the performance of the contract and settlement of accounts. If the work of the artist for their supplies to the settlement is under the authority of order submitted an objection then, spinning then with action, he can not bring the claims, which were not mentioned in the statement of objections submitted.
(6) a claim submitted in court by the national institutions of the location, if not otherwise specified in the contract.
(7) the requirements for submission to the Court are not public authorities or officials suspended action until a court judgment has entered into force.
(8) if the work or supply Executive issued a later settlement is found an error, the client shall submit the work or supply a new artist, correct billing with a proposal to repay the overpaid amount. If the work or supply does not repay this amount, the State the Subscriber is entitled to bring a court action within six months from the date of application for the refund.
Chapter VII. Final provisions article 33. Monitoring, control and liability (1) the supervision and control of the legislation, State and local interests of ministries and municipalities public procurement processes shall be carried out in the Cabinet, the National Audit Office and the local authorities concerned.
(2) State control main functions with respect to the procurement processes are the following: 1) at least every two years the documentary to examine procurement for the ministries, city, district and county municipalities, as well as how these developments control the management of the institution;
2) Notwithstanding the second paragraph of this article paragraph 1 referred to random checks to verify government procurement more order, as well as the order in the case, which brought the discussions or come up with a complaint;
3) making public the tests identified irregularities; If required, submit reports to law enforcement authorities.
(3) the Cabinet's major functions relating to public supervision and control are the following:

1) to follow the procurement process, to analyse the statistical data quarterly to collect information on volumes and progress;
2) analyzing this law and on the basis of this law, the legislative action taken, if necessary, to prepare the amendments to the said laws;
3) procurement and legal security issues keep in touch with the Baltic countries, other countries and international institutions;
4) provide methodological assistance and advice to public customers, suppliers, and the work of performers, as well as to hold their training.
(4) auction (tender) the Commission and the other officers directly prepared and carried out public order award procedures, appointed by the State institution customers. The officials shall act in strict accordance with the law and on the basis of this law, the laws adopted, as well as responsible for this Act, State and local interests.
(5) state the principal appointed auction (tender) members of the Commission and other officials participating in the procurement procedure and enforcement, are responsible for this Act and other legislation, which prevents this law referred to in article 2. If the officials act or omission of the State, municipalities or the legitimate interests of the persons harmed, they called to administrative responsibility or criminal penalties for the following offences: 1) public procurement without auction (tender) in cases where the law requires auction (tender), organisation or unreasonable other methods instead of the auction;
2) unjustified closed auction (tender) or the organisation of focus;
3) unequal conditions of applicants (creating one or some of the more favourable conditions for tenderers) information, tender document preparation and filing deadlines, the selection of tenderers and the tender evaluation criteria;
4) openness and publicity without securing government procurement process;
5) privacy rules;
6) incomplete or distorted in the public procurement process documentation or not saving this documentation.
Transitional provisions 1. Cabinet to submit to the Parliament proposals on the appropriate amendments to the Criminal Code of Latvia and the Latvian Code of administrative offences, as well as to the law "on State control" issues related to the operation of this Act.
2. To determine that this law, article 22, the seventh of the European transition period specified in the contract.
3. With the entry into force of this law shall lapse at Cabinet of Ministers Regulations No. the 60 works and supplies "for the national vajadzībām (Latvian Saeima and the Cabinet of Ministers rapporteur, 1994, nr. 7).
The law shall enter into force on 1 January 1997.
The Parliament adopted the law of 24 October 1996.
In 1996, 13 November, in place of the President of the parliamentary Chairman a. perfected