Arrangements Are Made For Military Purchases Of Goods And Services

Original Language Title: Kārtība, kādā tiek veikti militāra rakstura preču un pakalpojumu iepirkumi

Read the untranslated law here: https://www.vestnesis.lv/ta/id/92546

 
Cabinet of Ministers Regulations No. 714 in Riga on 17 august 2004 (pr. No 48 11) arrangements are made for military purchases of goods and services Issued under the law "on procurement for State or local government needs" 4. the third paragraph of article i. General questions 1. determines the order in which the military are purchased goods (annex) and provided with the delivery of goods to send military commitments the nature of the service.
2. a Subscriber by buying military goods and services, apply one of the following procedures: 2.1. purchases with the North Atlantic Treaty Organization or the European Union procurement agency (hereinafter referred to as the international agency); 2.2. purchases the common Baltic countries; 2.3. purchases of foreign armed forces; 2.4. purchases, the application of military goods and services open procurement (hereinafter referred to as the public procurement).
II. Purchase with international agency 3. Subscriber shall make market research and survey the international agency of its ability to provide the required purchase. 4. on the basis of market research and survey results, the client shall take a decision on the authorisation of the international agency procurement procedures. The principals in the decision of the relevant international agencies and the scope of their authorisation to carry out the purchase. 5. If the estimated value of the procurement exceeds 500000 lat, the Subscriber shall be submitted before the authorisation of the Agency in the Cabinet of Ministers information message of the decision taken. Subscriber shall inform the Cabinet on the market research results, applicants, procurement procedures and planned expenditure for the purchase. Informative message adds a draft agreement with the international agency. 6. If the estimated value of the procurement exceeds 500000 lat, the Subscriber may authorize international agencies only after the Cabinet accepted the customer's decision. 7. in accordance with the Cabinet's decision to send the Subscriber notice of the international agency procurement procedures, as well as the continuation of the work task or technical specifications. For every purchase of a Subscriber with the international agencies agreed separately. 8. the continuation of the procurement procedure, the customer concludes with the international agency. Principals and international agencies agree on: the conduct of procurement expenses 8.1, payment deadlines and procedures; 8.2. the term of carrying out purchase; 8.3. the procedure for the exchange of information; 8.4. the customer's obligations and the international agencies and law; 8.5. the procurement contract rules and procedures for the conclusion of the contract.
9. If the estimated value of the procurement exceeds 500000 dollars, the Minister shall inform the Cabinet on the International Agency's procurement procedures. 10. the contracts concluded with the principal international agencies established supplier or service provider according to the customer's purchase agreement laid down in advance rules and winner of the tender.
III. Purchases the common Baltic countries 11. Subscriber shall make discussions with customers in the other Baltic countries for military goods or services common purchases. 12. Subscriber shall agree on joint purchasing, as well as agree on which national laws apply to the procurement. On the joint procurement of the principal draws up a report for the competent Ministry. 13. the Ministry shall consider the report and adopt the principal decision on joint procurement. 14. If the planned funding of Latvia for carrying out common procurement exceeding 500000 dollars, the customer shall submit to the Cabinet a report on the information the joint procurement. Informative report includes information on the market research results, applicants, the expected expenditure, procurement is carried out separately for each country or common to all Baltic countries, information about the laws and regulations applicable to the joint procurement. 15. The Cabinet of Ministers on the basis of the submitted information report, shall take a decision on the carrying out of common procurement of the Baltic countries. 16. If the Cabinet of Ministers adopted a positive decision, the client continue procurement procedure, concluding with other customers in the Baltic States the intention of the Protocol. 17. In concluding the Protocol of intent, the Subscriber: 17.1. undertakes to pay the expenses of carrying out the procurement in accordance with the provisions of the Protocol of intent; 17.2. agree on the payment of the expenditure for carrying out procurement procedures; 17.3. undertake to designate the members of the Commission procurement; 17.4. undertake to conclude a purchase agreement with the Subscriber in the buying Commission created by the selected suppliers and/or performers according to the proposed rules; 17.5. agree that the State is responsible for client acquisition; 10.9. agree that the national legislation applicable to the procurement.
18. If a purchase is responsible for conducting the Latvian customers, that in accordance with the recommendations of other countries creates a purchase Commission, provide the Commission of the Organization of work and documentation. 19. If the planned funding of Latvia for carrying out common procurement exceeding 500000 dollars, the Minister shall inform the Cabinet on the outcome of the procurement procedure.
IV. Purchases from foreign armed forces 20. Military goods purchased or services obtained from foreign armed forces in the following cases: 20.1. foreign armed forces is willing to alienate their existing materials using technical means; 20.2. the military nature of the goods or services are necessary for the Latvian national armed forces can function properly.
21. If foreign forces offers to buy their use in Latvia existing material technical features, the Subscriber shall assess the need to purchase materials offered by technical means and adopt appropriate decisions. 22. If the estimated value of the procurement exceeds 500000 lat, the Subscriber shall prepare a report and submit information in the Cabinet of Ministers. Informational message indicates the necessity of the purchase, as well as technical and financial merits. Informative message adds a draft agreement with foreign armed forces. 23. If the estimated value of the procurement exceeds 500000 dollars, the purchase procedure can continue only after the Cabinet accepted the client's decision. 24. According to the decision of the principal contracts with foreign armed forces on the purchase. 25. where the Latvian national armed forces military units located abroad, Subscriber contracts with foreign armed forces on the Latvian national armed forces military units to supply military goods or services. The parties agree in the contract price, delivery and payment terms and deadlines.
V. purchases by applying the open procurement 26. to make public procurement, the subscriber creates a purchase Commission of at least five people. The Commission shall act in accordance with the customer's specific mandate. 27. the procurement Commission Act in order to achieve the objectives of the purchase with less financial leverage. The Commission shall decide on the purchase: 27.1. the need to publish a communication on the open tender of the purchase; 27.2. the need to send a notification about the open tender for the purchase of only a limited number of the applicant; 27.3. the need to publish a notice of an open tender for the purchase and invite candidates who qualified for military goods and services purchases have already confirmed participation in a previous procurement procedure; 27.4. the appropriate period for the submission of tenders which may not be less than five working days.
28. the procurement Commission may decide not to publish a communication on the open tender of the purchase: 28.1. If necessary additional procurement; 28.2. where necessary to ensure the logistical compatibility with foreign units of the armed forces logistical support; 28.3. in other cases, if the Cabinet of Ministers adopted a separate decision on it.
29. the procurement Commission developed and approved the purchase of open invitation. The invitation will indicate: 29.1. the subject of purchase its technical specifications or statement of work and planned purchase amount; 29.2. the information on the site and for the submission of tenders; 3. information on the opening of space and time and representative of the applicants to participate in the opportunities of the tender-opening session; 29.4. the tender selection criteria; 29.5. qualification requirements for applicants; 18.4. the evaluation of tenders; 18.5. arithmetic error correction; 29.8. the period of validity of the tenders; 29.9. procurement project.
30. the Evaluation of tenders and award of procurement performance rights purchase Commission offers the following selection criteria: 30.1. economically advantageous tender, which is determined by assessing the price proposed, running costs, cost-effectiveness, quality, technical characteristics, aesthetic and functional characteristics, maintenance facilities and the cost of technical assistance delivery dates; 30.2. the lowest price shall be set, taking into account the proposed contract price, as well as the possible cost of goods during use.

31. If the right to enter into a procurement contract, the application of the most economically advantageous tender, procurement criteria the Commission purchase documents indicate all applicable criteria in descending order of importance. The price in relation to the total assessment shall not be less than 40%. 32. the customer shall ensure that the applicant is the industrial safety certificate. 33. the credibility of the applicant, Subscriber ensure evaluation of the tenders. The applicant can be considered to be reliable and his qualification data does not check if the applicant duly met the pre-existing contractual obligations towards the client and if the constitutional protection is provided by the applicant, the Office of industrial security certificate. 34. One of the procurement procedure, applicants determine the Subscriber the same qualification requirements. 35. the public concerned shall not participate in the purchase, which the applicant does not have the industrial security certificate which does not meet the requirements of the Commission procurement qualification requirements and purchase documents not provided requested information or provided false or distorted information.
36. The trader registered in the commercial register of the Republic of Latvia, you need a special permit (license) for the conduct of commercial activity, issued a restrictive business regulations. Broker who carried out the order, the delivery is required by its State permit (license) this type of broker's activity in which it is registered. Foreign economic operators must be licensed under the laws of the country of registration. 37. the Chairman shall convene the Commission Purchase the opening meeting in the call to the specified location and time. 38. The tenders submitted, the Commission assesses the purchase in closed session in accordance with the evaluation of tenders specified in the invitation. 39. the procurement Commission should have the right to request the applicant to specify the information about the offer, if it is necessary for the examination of the applicant's qualifications, technical inspection of compliance of tenders, as well as offers for comparison and evaluation. 40. the procurement Commission shall have the right to verify the accuracy of the information supplied by the applicant. 41. The reasoned decision to conclude the purchase contract or end the open purchase, selecting no offers, the Commission shall adopt by majority vote, if the hearing at least two-thirds of the members of the Commission. 42. If goods of the military procurement planned value exceeds 500000 lat, the Subscriber submits the information message in the Cabinet. Informational message indicates the necessity of the purchase, as well as its financial merits. 43. If goods of the military procurement planned value exceeds 500000 dollars, the purchase procedure can continue only after the Cabinet accepted the principal decision on the application of open procurement procedures. 44. the notification of the decision of the client sends all applicants at the same time. Notification shall be made by e-mail (if the applicant has specified an e-mail address) or by fax (if the applicant has specified the fax number), as well as by mail.
Vi. Procurement contracts and complaints procedures 45. Procurement contracts: 45.1. Subscriber shall be prepared and sent to the successful tenderer for signature. The applicant has the right to submit proposals for the procurement project (submitted in the framework of the offer); 45.2. preparing the international agency, foreign armed forces or by the Subscriber, if the purchase is carried out the provisions of the rules laid down in chapter II or IV.
46. where the tenderer, designated as the winner, the Subscriber does not arrive within the time limit set to conclude the purchase contract and is not made within the time limit of enforcement contracts, or refuses to enter into a purchase agreement, the subscriber agreement offered to conclude an applicant whose proposal is next to the economically advantageous tender or bid with the next lowest price. 47. the procurement contract concluded in accordance with these provisions, as well as all its annexes, amendments and additions to the information service needs are. 48. the decision about purchase performance award may appeal to the Court in General in accordance with the laws of the Republic of Latvia.
Prime Minister-Minister of Economic Affairs Minister j. LujānsAizsardzīb a. have editorial Note: Slakter rules shall enter into force on the 20 august, 2004.
 
Annex to the Cabinet of Ministers of 17 august 2004, the Regulation No 714 military goods 1. Portable and automatic firearms (such as rifles, carbines, revolvers, pistols, machine guns and mašīnpistol), excluding hunting and sporting weapons.
2. Gun, smoke, gas and flame throwers weapons: 2.1 howitzers, cannons, mortars, artillery, anti-tank weapons, rocket launcher, flame throwers and bezatsit guns; 2.2. the military smoke and gas weapons.
3.1 and Ammunition referred to in paragraph 2, the weapons. 4. Bombs, torpedoes, rockets, missiles and shells: 4.1 steered bombs, torpedoes, grenades, smoke grenades, smoke also bombs, rockets, mines, shells, submarine steered grenades, incendiaries; 4.2 military equipment and components, specially designed for this annex 4.1. products referred to in processing, assembling, dismantling, or shooting.
5. Military ugunsvadīb equipment: 5.1 infrared and other night launch computer controls and management systems; 5.2. telemetr, location indicator and altimeter; 5.3. electronic tracking components (žiroskopisk, optical and acoustic); 5.4. bomb sights, weapons sights and look for those items in the list.
6. battle tanks and special transport-features: 6.1 tanks; 6.2. the military type vehicles (armoured or armoured, amphibious vehicles also); 6.3. the armored truck; 6.4. the military transport-puskāpurķēž; 6.5. military vehicles with tanks of the bodywork; 6.6. specially designed trailers 3 and 4 to this annex referred to transport munitions.
7. Toxic and radioactive reagents: 7.1 toxic, organic or chemical reagents that adapted to humans, animals or plants for disposal in the event of war; 7.2. the military apparatus of this annex 7.1. substances referred to propagation, detection and identification; 7.3. material for the countermeasures referred to in annex 7.1 reagents.
8. Powder, explosives and liquid or solid propellants: 8.1 powder, explosives and liquid or solid propellants, which are specifically designed and manufactured for use with this attachment 3, 4, and 7, paragraph materials; 8.2. military explosives; 8.3. the military use of the incendiary and sasaldējoš agents.
9. the warships and their special equipment: 9.1 all types of warships; 9.2. specially designed equipment for mine, and mine clearance;
9.3. submarine cable.
10. The aircraft and their equipment for military use. 11. Military electronic equipment. 12. the military specifically designed camera. 13. goods included in the list for specialised parts and materials units if its use for military purposes. 14. Machinery, equipment and units, which are specifically produced for research, manufacture, test and control this list these weapons, ammunition and special military uses machines.
Defense Minister a. Slakter States