The Rules On Procurement Procedures And The Procedure For Its Application Of A Customer-Funded Projects

Original Language Title: Noteikumi par iepirkuma procedūru un tās piemērošanas kārtību pasūtītāja finansētiem projektiem

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/170573

Cabinet of Ministers Regulations No. 65 in Riga 2008 February 5 (pr. Nr. 7 § 10) rules on procurement procedures and the procedure for its application of a customer-funded projects are Issued in accordance with the public procurement law article 7, first part i. General questions 1. determines the procurement procedure and its application procedures, as well as those which apply this procedure if the performance of the contract, which is not mentioned in the public procurement law article 6, from its own resources or from policy instruments of the European Union and national funds co-financing funded person that is the principal public procurement law. 2. the rules shall apply to any person (hereinafter referred to as the beneficiary), which in accordance with the decision of the institution responsible for receiving European Union policy tools, as well as State or municipal budget financing for the execution of the contract, excluding funding granted as compensation. 3. the rules do not apply to the person who is the principal public procurement law or of public service law "on procurement for public service needs". II. The estimated contract price 4 to determine whether you need to apply this provision in paragraph 9 that the contract award procedure, the beneficiary determines the movement of goods, services or construction procurement anticipated contract price (without value added tax). The estimated contract price determined as beneficiaries of the planned total payment for performance of the contract, given any choice and any additions to the contract (purchase of the subject of delivery and setup costs, the costs associated with the use of the object of purchase, as well as other specific material procurement costs). 5. If the purchase object is similar to the purchase of goods or services, the estimated contract price determined as beneficiaries of the planned total payment for performance of the contract throughout the project implementation period. 6. If the project lasts more than 12 months, the beneficiary in a single procurement of at least 12 months to combine the need for similar goods or services and the expected purchase contract price determined as beneficiaries of the planned total payment for performance of the contract of at least 12 months. 7. The beneficiary of similar goods or services can be divided into several separate purchases. In this case the estimated contract price of each purchase is defined as the expected all individual purchase contract price amount. 8. The beneficiary is not allowed the movement of goods, services and works procurement does not reasonably be divided into parts, to avoid this provision referred to in paragraph 9 of the contract award procedure. 9. purchase of goods or services for which the estimated contract price is 50000 dollars or more, or the procurement of the works whose estimated contract price is 120000 lats or more, the contract award procedure in accordance with the provisions of chapter IV. 10. If the purchase of goods or services the expected contract price is less than 50000 dollars or the procurement of the works-less than 120000 lats, funding recipients are not entitled to conclude a purchase agreement with a related party rules, paragraph 30. III. Exceptions 11. Beneficiary is entitled not to apply the provisions referred to in paragraph 9 of the contract award procedure in the following cases: 11.1. it receives services from the institution, which is the principal public procurement law and provides the relevant services on the basis set out in the legislative provisions the exclusive right;
11.2. it is necessary to partially replace or supplement the existing product, subject to the technical compatibility with existing goods, and the goods required are technically and economically feasible to buy from that particular supplier. The necessary new product purchase contract price must not be greater than the beneficiaries of the market value of the goods in question;
11.3. it is required for additional works or services which were not included in the original contract or construction projects, but not predictable circumstances, become necessary for the performance of a contract concluded in advance, cannot be technically or economically separated from the previously signed contract, and such works can be made or the services may be provided only for the originally signed contract performer. The required additional works or service purchase contract price must not exceed 20% of the price of a contract concluded in advance;
11.4. the technical, artistic, or with the protection of exclusive rights related reasons the contract can only be concluded with the supplier;
11.5. it previously expected, and not from the beneficiary of the will of independent emergency circumstances encountered a situation in which, for reasons of extreme urgency, it is not possible to apply this provision in paragraph 9 that the contract award procedure. 12. in paragraph 11 of these rules in these cases the beneficiary, for some reason it can not apply this provision referred to in paragraph 9 of the procurement procedure. IV. Contract award procedure 13. Beneficiary prior to the contract award procedure prepare the notification of the technical specification of the subject of purchase and, if necessary, other contract award procedures. Technical specifications shall be drawn up, taking into account the procedures laid down in one of the following subparagraphs: 13.1. This provision, paragraph 14;
13.2. This provision, paragraph 16;
13.3. combining these rules 14 and 15 above;
13.4. combining these rules 14 and 16 of this procedure;
13.5. combining these rules 14, 15 and 16 above. 14. Technical specification specifies requirements for the procurement of the subject of the quality, quantity, safety, warranty, inspection methods, packaging, marking, of method, the required resources, the desired end result, compliance with industry regulations, environmental protection, disabled access and other reasonable and objective requirements to meet the object of purchase purchase target. 15. If the purchase object must conform to the relevant standards, the technical specifications shall be drawn up by reference to them. Each reference used in conjunction with the words "or equivalent". 16. Technical specifications can be prepared, defining the subject of the procurement functional or performance requirements. Requirements defined in detail to potential suppliers might find the subject of the contract and the beneficiary-compare offers. 17. the technical specifications must not mention specific products or processes, as well as point to trade marks, patents and specific origin, if these conditions are not critical to the very existence of the subject of purchase. In this case, the use of that indication together with the words "or equivalent". 18. If the beneficiary shall draw up the technical specifications in accordance with the provisions of article 15, it should not be recognised as inadequate tender just because the offer does not meet the relevant standards, if possible, by submitting an offer, the supplier, with the manufacturer's documentation or certification issued by the competent authorities of the results of the inspection may show that the offer is equivalent to and satisfy the requirements of the beneficiaries, expressed in the technical specification. 19. If the beneficiary shall draw up the technical specifications in accordance with paragraph 16 of these terms, it should not be recognised as inadequate tender that complies with the standards, if these standards require the same functional or operational requirements that the beneficiary specified in the technical specification. In this case, the supplier shall submit a quote, with the manufacturer's documentation or sheet body issued compe assurances on test results to show that the offer, which meet the relevant standards, meet the beneficiary's specific functional or performance requirements. 20. The beneficiary to determine sample form (annex 1) shall send the invitation to the procurement monitoring Bureau for publication. Procurement monitoring Bureau within three working days after the receipt of the invitation inserts the procurement monitoring Bureau homepage on the internet. The beneficiary can be sent at the invitation of potential suppliers who are known, publication in one or more of the press or any other publicly available resource. 21. If the beneficiary of the contract award procedure for the project approved by the State's investment and development agency of Latvia, then send the invitation before the procurement monitoring Bureau beneficiaries shall submit to the national agency "Latvian investment and development agency of the" technical specifications, as well as the technical specifications of the amendments made in accordance with the provisions of paragraph 26. 22. the procurement monitoring Bureau with the invitation, sent to potential suppliers, as well as the invitation sent to press and other publicly available resources included in the published invitation messages must not differ. 23. The beneficiary shall ensure the possibility for suppliers in the location specified in the invitation and the time to get acquainted with the technical the specifications and other contract award procedures documents, if any. 24. The beneficiary shall determine the period for the submission of tenders, which is sufficient for the preparation of the bid, but not shorter than five working days from the day after the publication of the invitation to the procurement monitoring Bureau homepage on the internet. 25. The beneficiary determines the term of validity of the offer to the potential suppliers would be linked with its offer to purchase to the time of conclusion of the contract. If the beneficiary cannot enter into a contract with the procurement procedure won the supplier determine the validity of the tender, it asked in the procurement procedure in writing the winning supplier to extend the bid validity period. The beneficiary may also request other potential suppliers to extend the offer's expiration date. 26. The beneficiary is entitled to amend the technical specifications and in the call, sending the procurement monitoring Bureau for publication of notice of the amendment to the procurement documents to determine the sample form (annex 2). Procurement monitoring Bureau within three working days of receipt of the notification inserts the procurement monitoring Bureau homepage on the internet. Beneficiary notice of amendment shall also be sent to potential suppliers, as well as ensure its disclosure where in accordance with the provisions of paragraph 20 of the published call for proposals. The beneficiary shall ensure notification of amendments no later than one working day before the bid deadline. 27. If the beneficiary shall amend the technical specifications or in the invitation, it extended the deadline for the submission of tenders by at least five working days, subject to the provisions of paragraph 24 of these conditions. 28. at the end of the period for the submission of tenders, the beneficiary shall verify compliance with the invitation of tenders received and the technical requirements laid down in the specifications, as well as other contract award procedures laid down in the documents, if any. 29. Beneficiary offer conformity test and evaluation, if necessary, call upon one or more independent experts. Expert delivers a written opinion about the offer. The opinion added to the decision on the winner. The expert opinion is not binding on the recipient of the funding. 30. The beneficiary must not be a possible supplier related to the law "About taxes and duties". If the supplier is a person, then the meaning of these rules, the beneficiary and the supplier are to be considered as related parties, if one of the Sisterhood (in respect of such relatives-father, mother, grandmother, grandfather, child, grandchild, brother, sister, half-brother, half-sister), adoption (for the adopted and adoptive) or marriage. 31. The beneficiary for the purposes only those proposals that are submitted and prepared according to the technical specifications in the call and requirements, as well as other contract award procedures laid down in the documents, if any. The beneficiaries of the relevant quotations chosen offer with the lowest price. 32. The beneficiary within three working days after the decision shall draw up a notice of decision (annex 3) and send a notice (I) and (II) suppliers who have submitted bids, and the procurement monitoring Bureau. Procurement monitoring Bureau within three working days of receipt of the notification, part I shall be placed in the procurement monitoring Bureau homepage on the internet. 33. The beneficiary notice of decision (annex 3), the communication part III-invitation, technical specifi cations, all received offers, as well as the original bid evaluation reports, expert opinions and other contract award documents, if any, and stored them under the authorities set deadline. 34. the notification of the decision and its annexes referred to in part III, except for the tenders received, the information is generally available. Beneficiaries within three working days following receipt of the issue announced the decision of mu and it listed in annex III except for the tenders received. 35. the contract award procedure and documentation is the responsibility of the beneficiary. 36. disputes between, due to the contract NASA procedure attach, the product supplier, service provider or operator of the works deal with the beneficiary. 37. The beneficiaries that apply or has been subject to the contract award procedure for the project approved by the State's investment and development agency of Latvia, immediately, but no later than the conclusion of the procurement contract, inform the national agency "Latvian investment and development agency" on disputes arising between the beneficiary and the possible product supplier, service provider or operator of the works contract award procedures. V. concluding questions 38. all procurement procedures launched by the beneficiary before the entry into force of these regulations, completed under the legislation under which they were launched. 39. Be declared unenforceable in the Cabinet of Ministers of 13 March 2007 No. 179, the provisions of the "rules on the procurement procedures of the principal Fund projects" (Latvian journal, 2007, 51 no). Prime Minister Godmanis economic Minister i. k. Gerhard annex 1: Cabinet-February 5, 2008, rule 65 notice inviting tender economic Minister k. Gerhard annex 2 Cabinet-February 5, 2008, rule 65 notice of amendments to the procurement documents, economic Minister k. Gerhard annex 3 Cabinet February 5, 2008, rule 65 notice of decision of the Minister of Economic Affairs k. Gerhard