Rules On The Conduct Of The Competition Closed

Original Language Title: Noteikumi par slēgta konkursa norisi

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/90349

 
Cabinet of Ministers Regulations No. 531 in Riga, 8 June 2004 (pr. No 34, § 17) rules for closed competition process Issued in accordance with the law "on procurement for State or local government needs" article 22 fifth i. General questions 1. determines a closed competition (hereinafter referred to as the competition) the progress in respect of purchase of goods, provision of services or carrying out the works.
2. the progress of the Contest are the following: 2.1 candidate selection notification;
2.2. submission of applications;
2.3. the opening of tenders;
2.4. the selection of candidates;
2.5. sending of the invitation to tender;
2.6. the provision of information on tender;
2.7. the period for the submission of tenders;
2.8. opening of tenders;
2.9. offer design verification, verification of tenders and evaluation of tenders;
2.10. the decision on the tender acceptance and notification;
2.11. purchase contract.
II. Candidate selection notification 3. selection of candidates declare the law "on procurement for State or local government needs".
4. The client may publish notice in another newspaper or periodic costs in the industry. In another newspaper or periodic expenses of industry published in candidate selection notice only the particulars referred to in the official journal of the European Union or on the internet published candidate selection notice.
5. Subscriber or Commission provides all stakeholders with the opportunity to become acquainted with the candidate selection rules regulations specified in the notice of the place and time of receipt. Introduction to candidate selection rules is free of charge.
6. Subscriber or Commission to all interested parties free of charge shall issue a copy of the selection rules. The customer or the Commission shall ensure the selection of the service regulations immediately after receipt of the request.
7. the issue of the selection rules, the client or the Commission shall enter the name of the beneficiary (legal person) or the name (physical person), address, email address, phone and fax numbers, as well as the selection rules for the issue of the date and time. The Commission shall ensure that contractor or candidate selection rules specified in the list of requested information is not disclosed to the application.
8. If the customer in the selection of candidates for the amendment of the staff regulations, the notification is sent at the procurement monitoring Bureau and all interested parties who received the candidate selection rules. The interested party shall indicate in the notice that you send only the particulars referred to in the official journal of the European Union or on the internet, as well as in the notice published in the occasion of the amendment text.
III. Application submission 9. Candidate selection rules to the specified location and time, the person concerned shall submit the application for the selection of candidates (hereinafter application) prepared and presented according to candidate selection requirements laid down in the Statute.
10. The person concerned shall submit the signed application. If the application is lodged by a group of persons, the signature of any person included in the Group of people.
11. If the application is lodged by a group of persons, the application shall indicate the person who represents a group of people in the competition, as well as the scope of responsibility of each person.
12. The application shall include the selection of candidates.
13. Candidate selection documents shall be drawn up according to candidate selection requirements laid down in the Statute.
14. the interested party is entitled to submit an application, from the date of notification of selection of candidates.
15. The applicant filed the application, is entitled to demand proof of receipt of the application, as well as an indication of the time of receipt of the application.
16. The applicant prior to the submission of tenders shall have the right to amend or withdraw the application.
17. The principal or applicant shall be registered by the Commission submission of the order. The applicant in the list indicates the name of the applicant (legal person) or the name (physical person), address, email address, phone and fax numbers, as well as the date of filing the application and time. The customer or the Commission shall ensure that the applicant list contains non-disclosure of information to the application.
18. The Subscriber or Commission accepts only applications for examination, designed so that the information contained in the application would not be available until the time of opening of tenders. If the application is not properly completed, the Commission or the Subscriber shall return it to the applicant and the applicant of tenders not be recorded.
IV. Application for opening 19. Candidate selection rules for a specified time and place, the Commission will hold a meeting of opening of tenders.
20. The applicant and his representative, the application shall be entitled to participate in the opening meeting.
21. Starting the application opening the meeting, the Chairman of the Commission present, notify the Commission.
22. During the meeting the Chairman of the Commission reads selection Charter recipient list and short-list.
23. the applicants and their representatives to register with the Commission prepared the registration page. Registration page indicates the name of the applicant (legal person) or the name (physical person), address, e-mail address, telephone and fax number. In addition to the representatives of the applicant indicates name and job title.
24. applications open submission order.
25. at the opening of the Commission gave the applicant, the filing date and time.
26. at the opening of each application and the provisions referred to in paragraph 25 of the report naming all present members of the Commission on the application of the signature, the signature of each application page.
27. the progress of the opening of tenders, as well as all the named messages the Commission records the application opening the meeting.
28. when all applications open, opening a meeting of the switch application.
29. If an applicant is required to issue the application for opening a copy of the minutes of the meeting, the Commission shall be issued within three working days of receipt of the request.
V. selection of candidates 30. selection of candidates, the Commission conducted a closed hearing.
31. during the selection of candidates, the Commission supports the storage of application so that they would not be able to access the parties not involved in the selection of candidates.
32. The Commission should have the right to request the applicant to clarify the information provided, if necessary for the selection of candidates.
33. If the Commission is in any doubt about the authenticity of the copy of the document presented, it shall request the applicant to submit the original document or a certified copy of the document.
34. The Commission requires the applicant to clarify the information submitted, it shall set a time-limit within which the applicant must reply.

35. If the applicant does not submit information requested by the Commission or explanation, the Commission assesses applications by those documents included in the application.
36. during the selection of candidates, the Commission clarified the competence and compliance of the applicant anticipated procurement requirements for performance of the contract, according to the applicant's selection of candidates submitted documents verifying the applicant's compliance with the selection criteria set out in the Statute.
37. If an applicant does not meet the selection criteria set out in the regulations, the application shall not be dealt with by the Commission.
38. unless you want to invite a range of candidates, the Commission evaluated the conformity or non-conformity only the selection criteria laid down in the Statute and select all appropriate applications.
39. If it is established that a range of candidates, the Commission first select those candidates who satisfy the selection criteria laid down in the Statute. The Commission then selects a certain number of offerings that best meet the selection criteria laid down in the Statute.
40. If the number of applications submitted is less than the range of candidates, invited the Commission is entitled to continue the procurement procedure and invite tenders shall be submitted to the candidates who meet the selection criteria laid down in the Statute.
41. the Commission shall adopt a decision on the selection of candidates.
42. the statement of decision making, as well as the grounds for the decision, the Commission shall send the contractor or all applicants. Notice shall be sent electronically or by fax, as well as by mail.
43. The invitation to submit a tender, together with the notice of the decision, the Commission shall send to all the successful candidates.
Vi. Provision of information about the contest 44. If the Commission has received from the applicant a request in writing with a question about the rules of it within three working days of receipt of the request, prepare a written response with the request and asked questions (without specifying the applicant) electronically or by fax, as well as by mail sent to all applicants who have already received the contest rules (hereinafter rules). Candidates who receive a statement by the information, together with the regulations issued by the questions asked and the answers given.
45. not later than six days before the opening, the Commission may hold a candidates ' meeting. Meeting the Commission responds to questions during the meeting. If the Commission intends to organise a meeting of candidates shall indicate the place, time and anticipated duration. If such indications are not in the regulations, the Commission shall, no later than three days prior to the meeting announces its organisation of all stakeholders who received the statement. If the person concerned receives a Charter later than three days prior to the meeting, the meeting shall notify the issuing of regulations.
46. the Commission supports the place of the supply of goods, services or construction site inspection, if requested by at least one candidate. All the candidates view the respective places at the same time not later than six days before the opening. After inspection, the Commission shall immediately conduct a candidates meeting at the request of at least one candidate.
47. After the candidates meeting the Commission shall prepare minutes of the meeting, including all the asked questions and answers to them. The Protocol does not specify the candidates who participated in the meeting. A copy of the minutes within three working days after the meeting, sent to all candidates who received the Charter, irrespective of their participation in the meeting.
48. If the Customer Charter amendments, all candidates invited to send a notice of the amendments and the amendment to the text, as well as, if necessary, indicate a new time limit for the submission of tenders.
VII. Submission of tenders specified in the by-laws 49. place and time of the candidate submits a tender and the tender security (if it applies), prepared and presented in accordance with the requirements set out in the Statute. The applicant shall submit a signed proposal.
50. the offer shall include a technical and financial offer.
51. the technical bid drawn up according to the rules specified in the statement of work or specifications.
52. the financial offer shall be prepared according to the rules. The financial offer shall state the total price, as well as the unit price (if it's defined in the regulations).
53. The tender shall indicate, in respect of the supply or subject or individual parts necessary to respect commercial confidentiality.
54. If the selection criteria of the tender is an offer with the lowest price, the candidate is entitled to submit a quotation, if not otherwise specified in the Statute.
55. where the offer selection criteria is a set of the most economically advantageous tender, the candidate is entitled to submit variants offer only if it is directly specified in the Statute.
56. The applicant prior to the submission of tenders shall have the right to amend or withdraw the offer submitted.
57. The principal or applicant shall be registered by the Commission for the submission of tenders. The applicant in the list indicates the name of the applicant (legal person) or the name (physical person), address, email address, phone and fax numbers, as well as the submission of tenders, the date and time. The client, or the Commission, provide the information specified in the list of applicants is not disclosed until tender.
58. The Subscriber or Commission accepts for review only those tenders which are designed so that the information contained in the offer will not be available until the time of the opening. If the offer is not properly completed, the Subscriber or Commission shall return it to the applicant and the applicant of tenders not be recorded.
VIII. opening of tenders Tenders to open 59. Commission to organise the meeting.
60. the opening meeting, the Chairman of the Commission present, notify the Commission.
61. During the meeting the Chairman of the Commission reads Charter recipient list and short-list.
62. the applicants and their representatives to register with the Commission prepared the registration page. Registration page indicates the name of the applicant (legal person) or the name (physical person), address, e-mail address, telephone and fax number. In addition to the representatives of the applicant indicates name and job title.
63. Tenders shall be opened in the order of their submission.

64. at the opening of tenders, the President of the Commission called for the submission of tenders the tenderer, date, time, and the price offered. If in accordance with the subject matter of the procurement is divided into parts, price, name of each part individually.
65. at the opening of each offer and these terms referred to in paragraph 64 of the report naming all present members of the Commission subscribes to the financial offer to sign each page of the financial offer.
66. The tenders have been opened, as well as all the named messages the Commission records the opening meeting.
67. when all offers open, opening the meeting closed.
68. If an applicant is required to issue the tenders have been opened, a copy of the minutes of the meeting, the Commission shall be issued within three working days of receipt of the request.
IX. design examination of tenders offer verification and evaluation of tenders, tender design check 69., verification of compliance with the tender and the evaluation of tenders, the Commission conducted a closed hearing.
70. the tender design check, and attestation of the conformity of the tender offer during the evaluation, the Commission shall ensure the storage of the offer so that it is not accessible to persons who are not involved in the supply of design verification, verification of compliance with the tender and tender evaluation.
71. The Subscriber and the Commission of the information contained in the offer may be used only for determining the results of the contest and procurement contracts. The use of the information contained in the tenders for other purposes requires the written consent of the offer.
72. the Commission has the right to ask the applicant to clarify the information provided, if necessary, offer design verification, verification of conformity of tenders, as well as the evaluation and comparison of tenders.
73. If the Commission is in any doubt about the authenticity of the copy of the document presented, it shall request the applicant to submit the original document or a certified copy of the document.
74. If with the offer submitted a copy of the offer, in the event of doubt, the Commission used the information contained in the original offer.
75. Where the Commission requires the applicant to clarify the information submitted, it shall set a time-limit within which the applicant must reply.
76. If the applicant does not submit information requested by the Commission or explanation, the Commission proposal valued at those documents that are included in the quote.
77. The tender design check to verify the compliance of tenders, as well as the evaluation and comparison of tenders, the Commission may invite experts.
78. the expert does not give an opinion, if you are interested in a particular tenderer or action. Before signing up expert's assurance that there are no circumstances in which he might be interested in a particular tenderer or action. This receipt will accompany the experts opinion.
79. the experts shall have the right to consult the offers, as well as to request the Commission to request the applicant's additional information necessary for preparation of an opinion.
80. the experts included in the offer and in addition to the information provided by the applicant may be used only for an opinion.
81. the tender design check, the Commission shall assess whether the offer is made in and according to the requirements set out in the Statute.
82. design examination of tenders, the Commission shall examine the conformity of the tender.
83. the attestation of the conformity of the tender, the Commission shall assess the conformity of the technical offer shall indicate in the statement of work or technical specifications (in the case of works contracts, technical project).
84. Offer compliance checks, the Commission is entitled to hold a product sample or quotation test (if this is provided for in the Statute).
85. If the tenderer's technical bid does not meet the regulations specified in the technical specifications (in the case of works contracts, technical project) requirements or regulations specified in the statement of work, the Commission will not consider this offer.
86. After the attestation of the conformity of the tender Commission shall evaluate offers in accordance with the rules specified in the bid evaluation criteria.
87. The offer during the evaluation, the Commission shall examine whether the financial proposal is not an arithmetic error, as well as to assess and compare the prices of the financial offer.
88. The Commission shall evaluate and compare only the tenderer financial deals that offer is not rejected the offer or quotation in the design verification test.
89. the arithmetic mean of the financial supply Found errors, the Commission shall act as follows: 89.1. If a financial offer unit price amount is less than the total price, the Commission shall take into account the amount of unit prices;
89.2. If a financial offer total price is less than the unit price amount, the Commission shall take into account the total price.
90. If the financial proposal found arithmetic errors, which are set well below the price, the Commission accepts the offer on the unreasonable and it looks cheap.
91. any arithmetic error corrections to the Commission within three working days shall notify the applicant that the quotation corrected.
92. The applicant within three working days following that rule 91 of the receipt of the notification referred to in the notice of the Commission's approval of amendments or expressed objections to them. If the applicant has not, within that period of their objections, the Commission considers that the applicant agrees with the amendments.
93. If the Commission does not agree with the applicant's objections, the Commission justifies it and not the applicant's tender.
94. If after an arithmetic error correction changes the total price of the offer, notify all tenderers.
95. In assessing and comparing the tenders which were arithmetic errors, the Commission shall take into account only in accordance with the procedure laid down in these rules corrected prices.
96. Where the tendering procedure relates to the construction contract, the Commission may, after an arithmetic error correction check the offer prices and whether the offer of the lowest price is not reasonably cheap.
97. in accordance with the rules laid down in the tender selection criteria, the Commission shall choose the most economically advantageous tender, who earned the highest average final judgement in accordance with the rules specified in the bid evaluation criteria, or the offer with the lowest price.
X. the decision on the tender acceptance and notification

98. the Commission shall select one or more of the tenders tenders, if in accordance with the subject matter of the procurement is divided into parts, and the decision to close the purchase contract. If in accordance with the subject matter of the procurement is divided into parts, the decision may be made for each part separately.
99. If the tender selection criteria is a set of the most economically advantageous tender as well as a final assessment more quotations are the same and they are recognised as the most economically advantageous, the Commission shall take a reasoned decision on one quote.
100. If the selection criteria of the tender is an offer with the lowest price and if more offerings are the same price, the Commission shall take a reasoned decision on one quote. If the Commission proposal is the arithmetic error rectifies, but after tampering more offer prices are the same, the Commission chooses to offer, which was not an arithmetic error.
101. notification of the decision of the client at the same time send the procurement monitoring Bureau and all applicants. Notice shall be sent electronically or by fax, as well as by mail.
102. If in accordance with the provisions of paragraph 98 of the decision to close the purchase contract is taken on each part separately, notice of the decision to send the Subscriber for each part separately.
103. If requested to issue a copy of the final Protocol of the contest, the client within three working days following receipt of the invitation to tender shall be issued a copy of the final Protocol of the applicant.
XI. closure of the purchase contract, 104. If the Commission decides to close the purchase contract and not concerning the principal activities relating to the legality of the tendering procedure, the principal shall conclude a purchase contract with the successful tenderer.
105. the procurement contract shall be on the basis of the applicant's offer and in accordance with the provisions of the Statute. Contracts may not be contrary to the rules contained in the draft contract appended to the regulations, except if objective reasons the purchase contract required the decrease, the amount of the purchase item.
106. the contract price of the work does not include the costs of additional works that were not previously provided for.
107. The Subscriber shall conclude one or more contracts of purchase contracts, if the Commission opted for more offers.
108. The Subscriber is entitled to hold a new procurement procedure, if the previous contest for the same subject matter is terminated without the conclusion of the contract.
Prime Minister i. Emsis Finance Minister o. Spurdziņš Editorial Note: rules shall enter into force on June 29, 2004.