Rules On The Procurement Procedures Of A Customer-Funded Projects

Original Language Title: Noteikumi par iepirkuma procedūru pasūtītāja finansētiem projektiem

Read the untranslated law here: https://www.vestnesis.lv/ta/id/154962

Cabinet of Ministers Regulations No. 179 in 2007 Riga March 13 (pr. 29. § 18) the rules on the procurement procedures 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, except for the funding is granted as compensation, if this person is not a subscriber to the public procurement law or of public service law "on procurement for public service needs". II. The estimated contract price 3 to determine if you need to make this provision referred to in paragraph 8 of the contract award procedure, the beneficiary determines the supply, service or works contract price of the estimated purchase (excluding value added tax). 4. If the object of purchase is the same kind of goods or services, the purchase contract price is defined as the expected funding requested total planned payment for performance of the contract throughout the project implementation period. If the beneficiary intends to conclude several contracts for individual purchase, purchase the estimated contract price is defined as the sum total of all the parts. 5. If the project lasts more than 12 months, the beneficiary in a single procurement of at least 12 months to combine the required the same kind of 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. 6. The beneficiary one similar type of procurement of goods or services can be divided into several separate purchases. In this case, each individual purchase contract price expected is defined as the expected all individual purchase contract price amount. 7. the funding recipient is not allowed to supply, service and works procurement does not reasonably be divided into parts, to avoid this rule 8 referred to in the contract award procedure. 8. supplies, services or works which estimated the purchase contract price is 5000 lats or more, the contract award procedure in accordance with the provisions of chapter IV. 9. If the supply, service or works contract the purchase estimated at less than 5000 lats, funding recipients are not entitled to conclude a purchase agreement with a related party, this provision within the meaning of paragraph 29. III. Exceptions to the 10 beneficiary is entitled not to apply the provisions referred to in point 8 of the contract award procedure if: 10.1. it receives services from the institution, which is the principal public procurement law, and provide relevant services on the basis of the special normative acts laid down in law;
10.2. 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 beneficiary of the value of the goods in question;
10.3. This requires 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 contract price of the contract concluded in advance;
10.4. the technical, artistic, or with the protection of exclusive rights related reasons the contract can only be concluded with the supplier;
10.5. it previously expected, and not from the beneficiary of the will of independent lens for exceptional circumstances encountered a situation in which, for reasons of extreme urgency, it is not possible to apply this provision in paragraph 8 that the contract award procedure. IV. Contract award procedure 11. Beneficiary prior to the contract award procedure for the notification of the purchase object shall be prepared by the technical specifications. The technical specifications shall be drawn up, taking into account the procedures laid down in one of the following paragraphs: 11.1. This provision, paragraph 12;
11.2. the provisions referred to in point 14 of the agenda;
11.3. combining these rules 12 and 13 of this procedure;
11.4. combining this rule 12 and 14 above;
11.5. combining these rules 12, 13 and 14 above. 12. Technical specifications 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. 13. 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". 14. 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. 15. 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". 16. If the beneficiary shall draw up the technical specifications in accordance with the provisions of paragraph 13, it should not be recognised as inadequate tender because it 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. 17. If the beneficiary shall draw up the technical specifications in accordance with the provisions of paragraph 14, 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. 18. The beneficiary shall send the invitation to submit a tender (hereinafter notice) and technical specifications at least three potential suppliers, which it is known and for which the ability to provide specific performance of the contract is not in doubt. The invitation shall contain the following information: name of recipient of funding 18.1, taxpayer registration number, address, telephone number, as well as the contact title, first and last name, phone number and e-mail address;
18.2. the procurement of the subject name;
18.3. the estimated contract execution place and date;
18.4. price formation under this provision, paragraph 31;
18.5. the design of the offer;
18.6. place of submission of tenders (address) and the date (day, month, year, time) pursuant to paragraph 23 of these rules;
11.6. the period of validity of the offer pursuant to paragraph 24 of these rules;
12.8. the invitation date of dispatch;

11.7. other relevant contract award procedure for important messages. 19. If the beneficiary is not known enough number of suppliers which will be invited under this provision, paragraph 18, the beneficiary on a certain 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 website on the internet. The beneficiary can publish at the invitation of one or more of the press or any other publicly available resource. 20. If the works contract estimated contract price is LVL 1000000 or greater and supply or service contract estimated contract price is 90000 lats or more beneficiaries 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 website on the internet. The beneficiary can simultaneously send invitation to all potential suppliers who are known, publication in one or more of the press or any other publicly available resource. 21. paragraph 18 of these rules in the invitation referred to in that rule, as well as 19 and 20 in the procurement monitoring Bureau invited 'tween, published in the press and other publicly available resources included in the published invitation messages must not differ. 22. If the award procedure is notified pursuant to this provision, 19 and 20 of the requirements laid down in paragraph 1, the beneficiary shall ensure the possibility for suppliers in the location specified in the invitation and the time to familiarize yourself with the technical specifications and other contract award procedures. 23. 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 following the dispatch of the invitation to potential suppliers or publication of the procurement monitoring Bureau website on the internet. If the beneficiary declare the contract award procedure, the invitation sent to potential suppliers and publishing them to the procurement monitoring Bureau website on the internet, the period shall run from the day following the publication of the invitation to the procurement monitoring Bureau website on the internet. 24. 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 for a specific period of validity of the offer, it will ask potential suppliers in writing extend the period of validity of the offer. 25. The beneficiary is entitled to amend the technical specifications and in the call, with a statement of amendment the opportunity for suppliers, as well as the benefits of ensuring communication resources accessible to the public, in which, in accordance with these rules 19 and 20 are invited to tender. If the contract award procedure notified the procurement monitoring Bureau website on the internet, the beneficiary shall send the procurement monitoring Bureau notice of amendments to the contract award procedure documents to determine the sample form (annex 2). Procurement monitoring Bureau within three working days of receipt of the notification puts it on the procurement monitoring Bureau website on the internet. The beneficiary shall ensure notification of amendments no later than one working day before the bid deadline. 26. 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 this provision in paragraph 23 above. 27. The beneficiary offer conformity test and evaluation, if necessary, call upon one or more independent experts. Expert delivers a written opinion about the offer. Opinion adds valuation report. 28. The beneficiary not the supplier offers, which are related parties of the law "About taxes and duties". If suppliers are natural persons, within the meaning of that provision are to be considered 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. 29. the supplier May not be related to the provisions of paragraph 28 of these terms also in relation to the beneficiary of the financing and external experts. 30. The beneficiary for the purposes only those proposals that are submitted and prepared according to the invitation and the technical specification requirements. 31. The beneficiaries of the relevant quotations chosen offer with the lowest price. If necessary, the price shall include delivery on the purchase before the meta and setup costs, the costs associated with the use of the object of purchase throughout the time (but not more than five years after conclusion of the contract of purchase), as well as other specific indicators relevant to the purchase. 32. The beneficiary within three working days after the decision to send the notification of the decision concerning suppliers that submitted their tenders. The notification shall specify the date of adoption of the decision, the number of tenders received, information about the winner and the proposed contract price, the date of dispatch of the notice and other information. 33. If the contract award procedure in accordance with the provisions of the 19 and 20 to the requirements notified the procurement monitoring Bureau website on the internet, the beneficiary within three working days after the decision has been forwarded to the procurement monitoring Bureau statement on the decision taken on a certain sample form (annex 3). Procurement monitoring Bureau within three working days of receipt of the notification puts it on the procurement monitoring Bureau website on the internet. 34. The beneficiary shall prepare draft contracts. The draft procurement contract specifies the following information: 34.1. the beneficiary name;
21.3. the name of the supplier;
21.3. the subject of the purchase amount, quality requirements, and other information;
21.4. the contract price and payment arrangements;
34.5. the contract due date, place and conditions;
21.5. the responsibility of the Contracting Parties for non-execution of the contract;
21.6. other conditions. 35. The beneficiary within five working days after the decision to prepare an evaluation of the sampling report. The assessment report shall be accompanied by the text of the invitation, technical specifications, tender evaluation of tenders, the original protocols, as well as the beneficiary's assurance that there is no obligation that paragraph 28 and 29. Beneficiary assessment report be kept in at least seven years. 36. The evaluation report, except for quotations attached to it, is generally available information. Funding to the recipient within three working days following receipt of the assessment should be issued a copy of the message. 37. the contract award procedure and documentation is the responsibility of the beneficiary. 38. Mutual disputes arising from the contract award procedure, the product supplier, service provider or operator of the works deal with the beneficiary. V. closing question 39. all procurement procedures launched by the beneficiary before the entry into force of these regulations, completed according to the rules under which they were launched. Prime Minister a. Halloween Finance Minister o. Spurdziņš annex 1: Cabinet of Ministers of 13 March 2007 No. 179 of the regulations call for quote Finance Minister o. Spurdziņš annex 2 Cabinet 2007 13 March Regulation No. 179 notice of amendments to the procurement documents, the Minister of finance Spurdziņš o. Annex 3 of the Cabinet of Ministers of 13 March 2007, regulations No 179 notice of decision of the Minister of finance Spurdziņš o.