The Rules On Open Competition Process

Original Language Title: Noteikumi par atklāta konkursa norisi

Read the untranslated law here: https://www.vestnesis.lv/ta/id/90356

 
Cabinet of Ministers Regulations No. 532 Riga, June 8 2004 (pr. No 34, § 16) rules on open competition process Issued in accordance with the law "on procurement for State or local government needs" article 22 fifth i. General questions 1. determines the open 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 as follows: 2.1 the tender notification;
2.2. provision of information about the competition;
2.3. submission of tenders;
2.4. opening of tenders;
2.5. design verification of tenders, selection, verification and evaluation of tenders;
2.6. the decision on the tender acceptance and notification;
2.7. the procurement contract.
II. notification of the contest 3. together with the competition 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 the tender notice specifies only the particulars referred to in the official journal of the European Union or in the tender notice published to the Web.
5. Subscriber or Commission provides all stakeholders with an opportunity to familiarize yourself with the contest rules (hereinafter rules) regulations specified in the notice of the place and time of receipt. Introduction to regulations is free of charge.
6. Subscriber or any interested person, the Commission shall issue a copy of the Statute. The customer or Charter, the Commission ensures the issuance of one working day after receipt of the request.
7. the issue of regulation, the customer or Charter, 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 regulations for the issue of the date and time. The customer or Charter, the Commission provides the list of recipients contains the non-disclosure of information to offer.
8. If the Customer Charter amendments, notification at the same time sent to the procurement monitoring Bureau and all interested parties who received the statement. 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. Provision of information about the competition 9. If the Commission of stakeholders have received a written request with the question of the rules, the three working days after 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 to all interested parties, which have already received the statement. Persons who receive a statement by the information, together with the regulations issued by the questions asked and the answers given.
10. not later than six days before the opening, the Commission may hold a stakeholder meeting. Meeting the Commission responds to questions during the meeting. If the Commission intends to hold a meeting of the interested parties, 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.
11. The Commission shall ensure the place of the supply of goods, services or construction site inspection, if requested at least one interested party. All interested parties can view the site at the same time not later than six days before the opening. After inspection, the Commission shall without delay hold a stakeholder meeting, at the request of at least one interested party.
12. at the stakeholder meeting the Commission shall prepare minutes of the meeting, including all the asked questions and answers to them. The Protocol does not specify the stakeholders who participated in the meeting. A copy of the minutes within three working days after the meeting sent to all interested parties who received the Charter, irrespective of their participation in the meeting.
IV. 13. Submission of tenders specified in the Regulations in place and time, the person concerned shall submit the tender and the tender security (if it applies), prepared and presented in accordance with the requirements set out in the Statute. The person concerned shall submit a signed proposal.
14. If the offer shall be submitted to the group, offers signature all persons included in the Group of people. The tender shall indicate the person who represents a group of people in a contest, as well as the scope of responsibility of each person.
15. tenderers shall be included in the tender documents for the selection of technical supply and financial offer. Applicant selection documents shall be drawn up in accordance with the requirements set out in the Statute.
16. Technical offer shall be prepared according to the rules specified in the statement of work or specifications.
17. 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).
18. The tender shall indicate, in respect of the supply or subject or individual parts necessary to respect commercial confidentiality.
19. the interested party is entitled to submit a bid, starting from the date of notification of the contest.
20. If the selection criteria of the tender is an offer with the lowest price, the person concerned is entitled to submit a quotation, if not otherwise specified in the Statute.
21. where the offer selection criteria is a set of the most economically advantageous tender, the interested party is entitled to submit a quotation variants only if it is directly specified in the Statute.
22. The applicant prior to the submission of tenders shall have the right to amend or withdraw the offer submitted.
23. 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.

24. the contractor or the 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.
V. 25 opening to the opening meeting of the Commission.
26. the opening meeting, the Chairman of the Commission present, notify the Commission.
27. During the meeting the Chairman of the Commission reads Charter recipient list and short-list.
28. 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.
29. the tenders shall be opened in the order of their submission.
30. After 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.
31. at the opening of each offer and that rule 30, paragraph message naming everyone present the members of the Commission subscribes to the financial offer to sign each page of the financial offer.
32. the progress of the opening, as well as all the named messages the Commission records the opening meeting.
33. when all offers open, opening the meeting closed.
34. 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.
Vi. the tender design check selection, verification and evaluation of tenders, tender design check 35., applicant selection, verification and evaluation of tenders, the Commission conducted a closed hearing.
36. Tender design check, applicant selection, 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, applicant selection, offer conformity test and evaluation of tenders.
37. 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.
38. the Commission has the right to ask the applicant to clarify the information provided, if it is necessary for the examination of tenders, the Tenderer shall design the selection of offers for verification of conformity, as well as the evaluation and comparison of tenders.
39. 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.
40. Together with the offer submitted a copy of the offer, in the event of doubt, the Commission used the information contained in the original offer.
41. Where the Commission requires the applicant to clarify the information submitted, it shall set a time-limit within which the applicant must reply.
42. 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.
43. Tender design check, applicant selection, for verification of conformity of tenders, as well as the evaluation and comparison of tenders, the Commission may invite experts.
44. 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.
45. the experts shall have the right to consult the offers, as well as to request the Commission to request additional information from the applicant, which is necessary for preparation of an opinion.
46. the experts included in the offer and in addition to the information provided by the applicant may be used only for an opinion.
47. the tender design check, the Commission shall assess whether the offer is made in and according to the requirements set out in the Statute.
48. design examination of tenders, the Commission shall carry out the selection of applicants.
49. The applicant at the time of the selection, the Commission clarified the competence and compliance of the applicant anticipated procurement requirements for performance of the contract, after the applicant submitted documents for the selection of applicants to verify compliance with each requirement set out in the Statute.
50. If the applicant does not comply with any requirement set out in the regulations, the Commission shall not consider the offer.
51. following the selection of applicants, the Commission shall examine the conformity of the tender.
52. 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).
53. Offer compliance checks, the Commission is entitled to hold a product sample or quotation test (if this is provided for in the Statute).
54. 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.
55. After the attestation of the conformity of the tender Commission shall evaluate offers in accordance with the rules specified in the bid evaluation criteria.
56. the evaluation of tenders, the Commission checks whether a financial offer is not an arithmetic error, as well as to assess and compare the prices of the financial offer.
57. The Commission shall evaluate and compare only the tenderer financial deals that offer is not rejected offer design verification, applicants or tenders for the selection of conformity checks.
58. Finding the financial arithmetic error in the offer, the Commission shall do the following: 58.1. If the offer of the financial unit price amount is less than the total price, the Commission shall take into account the amount of unit prices;
58.2. If a financial offer total price is less than the unit price amount, the Commission shall take into account the total price.

59. 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.
60. any arithmetic error corrections to the Commission within three working days shall notify the applicant that the quotation corrected.
61. The applicant within three working days following that rule referred to in paragraph 60 of the notification announces its consent to the amendments made by the Commission, 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.
62. If the Commission does not agree with the applicant's objections, the Commission justifies it and not the applicant's tender.
63. If after an arithmetic error correction changes the total price of the offer, notify all tenderers.
64. Evaluating and comparing tenders which were arithmetic errors, the Commission shall take into account only in accordance with the procedure laid down in these rules corrected prices.
65. 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.
66. 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.
VII. The decision on the tender acceptance and notification of the Commission 67. choose one or more of the tender offers, 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.
68. General agreement according to the regulations, the Commission shall choose one or more bids for the purchase of one item or one part of the subject of purchase.
69. where the offer 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 recognized as the most economically advantageous, the Commission shall take a reasoned decision on one quote.
70. 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.
71. Statement on the decision by the Subscriber 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.
72. If in accordance with this provision, paragraph 67 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.
73. 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.
VIII. Procurement contract is 74. 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.
75. 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.
76. the contract price of the work does not include the costs of additional works that were not previously provided for.
77. The Subscriber shall conclude one or more contracts of purchase contracts, if the Commission opted for more offers.
78. The General Agreement concluded between subscribers or more customers and suppliers or several suppliers whose offerings are selected in accordance with the requirements of the Statute. General arrangement during operation it is eligible to join the other subscribers if it is foreseen in the Statute and the General Agreement on the text.
79. under the agreement on the General to the specific procurement contracts shall be awarded in accordance with the General Agreement on the text.
80. 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.
IX. final question 81. Be declared unenforceable: 81.1. Cabinet of Ministers of 23 December 2003, Regulation No 743 "rules on open tender process for the purchase of goods" (Latvian journal, 2003, no. 183);
81.2. Cabinet of Ministers of 23 December 2003, the rules No. 744 "rules on open tender process for the execution of work" (Latvian journal, 2003, no. 183);
81.3. Cabinet of Ministers of 23 December 2003, the provisions of no. 745 "rules on open or closed competition process for the provision of services" (Latvian journal, 2003, no. 183).
Prime Minister i. Emsis Finance Minister o. Spurdziņš Editorial Note: rules shall enter into force on June 29, 2004.