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The Rules On Procurement For Public Service Needs

Original Language Title: Noteikumi par iepirkumu sabiedrisko pakalpojumu sniedzēju vajadzībām

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Cabinet of Ministers Regulations No. 257 in 2004 (April 8. Nr. 20, 2. §) rules on public procurement for the needs of service providers in the Republic of Latvia Issued the constitutional order of article 81 of chapter I. General provisions article 1. The terms used in the rules the rules are applied in the following terms: 1) supply, works and service contracts-contracts concluded in writing between a public service provider and one or more suppliers of goods, works or services providers takes profit purposes and which have as their object: (a)) — this works contracts referred to in annex 1 of the rules of the work or the carrying out of the work and design in accordance with public service requirements whether the building, obtained by any means. Under the terms of this construction is the total result of the works, which is sufficient to serve the purpose laid down in the draft b) supply contracts — purchase, purchase products, rental with or without purchase. If the subject of the contract is the supply of goods and it is the smallest part of the building or installation of the product, such a contract shall be deemed to be a supply contract, c) service contracts — 2. these provisions the services listed in the annex;
2) shipbuilding concessions, works contracts, provided that the consideration for this agreement is the only shipbuilding or shipbuilding operation operation and charge for it;
3) service concession — service contract under the condition that the consideration for this agreement has the right to provide the service free of charge for those rights or to pay for them;
4) General Agreement — agreement between one or more of the public service providers, and one or more suppliers, the purpose of which is to identify and characterize a period lockers and to lay down rules on the basis of which these contracts will be closed (in particular with regard to price and, where appropriate, the quantity envisaged);
5) dynamic purchasing system-often-buying used, completely elektronizēt process, which is limited in time and open to all suppliers, provided that the supplier meets the qualification requirements and have submitted information about the items that they can offer (supply of information);
6) electronic auction — the downward price or a specific part of the new offer values specifying, using electronic means, what happens after full evaluation of tenders, thus allowing the electronic means to arrange deals in a particular order by price or determine the value of the offer. Certain service contracts or works contracts having as their subject-matter intellectual work (for example, design) is not the object of electronic auctions. The meaning of these rules means electronic means electronic equipment that applied by wire, radio, optical or other electromagnetic means funds received or sent for data processing (including digital compression) and storage of the product;
7) supplier: any natural or legal person or other public service provider within the meaning of these rules, or such person or public service unions in any combination, which offers on the market, respectively, the execution of work or the construction products or services;
8) applicant: a supplier who submitted a tender;
9) candidate — a supplier who is looking for the opportunity to participate in a restricted or negotiated procedure;
10 centralised procurement authority) — public service provider who purchases the goods or services for his own and other public service needs or just another public service needs, works, supply or service contracts, and other agreements general public service needs;
11) open, closed and negotiated procedures, the procurement procedures applied in the public service and where: a) in the case of open procedures, all interested suppliers may submit tenders, b) in the case of restricted procedure, any supplier may request the right to participate, but may submit a tender only those candidates that invite public service provider, c) in the case of the negotiated procedure for public service provider will consult with suppliers of its choice and with one or more of them will hold negotiations on the terms of the contract;
12) Matt contests — a procedure that public service provider enable you to have a plan or sketch, selected by a jury after being put out to competition with or without the award of prizes, mainly urban and territory planning task solution, architecture, construction, or data processing;
13) purchasing nomenclature nomenclature that the CPV, in a fixed order is confirmed by the European Parliament and the Council of Europe and the applicable procurement procedures for identification of the subject of purchase;
14) public service: 1) a public sector body or a public sector undertaking carrying out the provisions of chapter II of the activity referred to in that provision in the areas referred to in chapter II;
2) any private entity who made that rule the activities referred to in chapter II of these rules in the fields referred to in chapter II or in any combination of these fields, on the basis of special or exclusive rights granted by a competent authority, under provisions laid down by law, regulation or administrative action, which contains rules which restrict the activities in the above areas, giving only one or some of the subjects the right to pursue activities in these areas and which significantly affects the ability of other entities to act in these areas;
15) public sector institutions — the national regulatory authorities, other public authorities, derived public law legal persons, as well as private entities, which simultaneously meets the following criteria: (a) it is established or operating) to ensure the needs of society, and it is not commercial, b) it is in the national regulatory authorities, other public authorities, derived public law legal persons or subordinated to the decisive influence, or matching these criteria is governed by private law a decisive influence (it gets as a majority of the voting rights or of the members of the executive body overseeing the election or appointment of management) or this private law action of more than 50 percent financed by the State, derived public law legal person or other matching these criteria is governed by private law;
16) public sector undertaking: any undertaking over which the public authorities directly or indirectly exercise a decisive influence on the basis of ownership, financial participation or the rules which govern it. Considers that public sector bodies is decisive influence if these institutions in which the company directly or indirectly holds a majority of (over 50 percent) that undertaking's subscribed capital, or controls a majority of the votes attaching to shares issued by the undertaking or can appoint more than half of the undertaking's administrative, managerial or supervisory body members;
17) informative offer — offer the applicant the choice range of dynamic purchasing system, but is not binding on the applicant submitted, and public service.
2. article. The principle of equality in the public service provider raises the same requirements to all suppliers and procurement procedures comply with the transparency.
Chapter II. The public service from the scope of article 3. Public service activities of the heating, gas supply and electricity supply (1) heating and gas supply of these provisions apply to the public gas or heat production, transport or distribution networks or management, as well as to the supply of gas or heat to such networks, except gas or heat production is an integral part of the consequences for other public sector enterprises or private entity activities other than those mentioned in these regulations 3, 4, 5, 6 or in article 7, and a public sector company or private law supply public network only to make economic use of such activity for gas or heat and no more than 20 percent of the amount of money in terms of the public sector enterprise or private legal entity's turnover having regard to the average turnover for the preceding three years , including the current year.
(2) electricity supply area these provisions apply to public electricity transmission or distribution networks or management, as well as to the supply of electricity to such networks, except when the public sector enterprises or private-sector power generation is required to ensure that electricity consumption in other activities which are not mentioned in these rules 3, 4, 5, 6 or 7, and supply to the public network depends only on the electricity of the undifferentiated and not more than 30 percent of the total amount of electricity per year taking into account the average amount of electricity produced in the preceding three years, including the current year.
4. article. Public service activities in the water sector

(1) drinking water supply in the area, these rules shall apply to a public drinking water supply, transportation or distribution networks or management, or the supply of drinking water to such networks, except when the public sector undertakings and private entities and the abstraction of drinking water consumption is an integral part of the effects of the types of activities which are not mentioned in these rules 3, 4, 5, 6 or in article 7, and the drinking water supply to the public network depends on the above public sector enterprise or private legal entities in the private and not more than 30 percent of the total amount of water obtained by taking into account the average amount of water obtained in the preceding three years, including the current year.
(2) these rules shall also apply to contracts or throwing contests relating to hidrobūvj projects, farmland irrigation or land drainage, provided that the quantity of drinking water delivered to more than 20 percent of the total installation of hidrobūv, agricultural land, irrigation or drainage resulting in water, as well as to those or Matt contests related to wastewater treatment and drainage or awarded or organised by public sector companies , private law bodies, public sector bodies, which deal with the first part of this article, the following.
5. article. Public service activities in the provision of transport services in the field of Transport (1) these provisions apply to the public railway, tramway, trolleybus and bus networks and services, except where the public sector company or private law provides public bus transport network and services if other private law in general or in this area are eligible to provide these same services under the same conditions What applies to these companies in the public sector, the private sector and public authorities.
(2) for the purposes of this article the transport network exists, if the transport services provided in accordance with the regulatory bodies of the services issued regulations that contain provisions on service routes, volumes transported or the frequency of transport.
6. article. Public service activities in the field of postal services (1) in the area of postal services, these rules shall apply to activities relating to the provision of postal services or mail service with postal management services (services that are performed before and after the date of shipment), with added value services associated or supplied by electronic means (electronic transmission of coded documents, address management services, registered electronic mail transfer) , direct mail, which are not shown in the recipients, financial services (money orders and postal giro operations), philatelic services, logistics services (services combining physical delivery with possible storage).
(2) for the purposes of this article the postal services are services associated with the mail collection, sorting, transport and delivery of postal items, and is addressed in the final form in which the postal service provider, it must be delivered. The following packages include, for example, books, catalogues, newspapers, periodicals and postal packages containing merchandise with or without.
7. article. Public service activities in specific areas in the field of use of the Territory in the field of the use of these provisions apply to specific areas of use search or obtaining oil or solid fuels, as well as to the airport or sea port management.
8. article. The contract, which includes a number of actions in several areas or different contract types (1) where a contract relates to activities in a number of areas, its assignment is governed by the provisions relating to the areas covered by the major part of the agreement.
(2) where a contract relates to activities in several areas, it may be divided into several basic agreements in each area separately to avoid this rule or law "on procurement for State or local government needs".
(3) where a contract relates to activities both within the scope of application of these rules and the law "on procurement for State or local government needs" in scope and it is impossible to determine objectively that the scope of the Treaty an essential part of the contract shall be awarded in accordance with the law "on procurement for State or local government needs".
(4) where the contract relates to activities both within the scope of application of these provisions, and other activities that are not included in these rules, no not the law "on procurement for State or local government needs", and it is impossible to determine objectively that the scope of the Treaty an essential part of the contract shall be awarded in accordance with the requirements of this regulation.
(5) agreements, which include the provision of services and supply, regarded as supply contracts if the total value of the supplies exceed the value of the services covered by the contract.
(6) agreements, which the subject of the contract is the provision of services, but in addition to the provision of services as an important part of the work, also considered as service contracts.
Chapter III. Exceptions to the normal application of the provisions of article 9. Works and service concessions in these provisions shall not apply in cases where the public service provider to the construction or service concessions granted to the concessionaire for the purpose of this rule 3, 4, 5, 6, or 7 steps mentioned in the article.
10. article. Contracts with third parties (1) these provisions shall not apply in cases where the public service provider switch supply or works contracts, if the object of the contract for sale or rent to third parties for the purposes of profit, provided that the public service does not have a special or exclusive right to sell or hire the subject of such contracts and other private entities may sell or lease it under the same conditions What applies to the public service.
(2) the public service provider shall inform the European Commission at its request of all the categories of products or activities covered by the exceptions under the first paragraph of this article.
11. article. Contracts awarded for purposes other than the activity within the area (1) these provisions shall not apply where public service contracts awarded for purposes other than these rules 3, 4, 5, 6, or 7. activities referred to in article, or with the purpose to perform these actions outside the European Union, provided that this objective will not be physically applied to the public network or area in the European Union.
(2) the public service provider shall inform the Commission, at its request, on any action to which exceptions apply under the first paragraph of this article.
12. article. The secret agreements or contracts, which must comply with the prescribed secrecy regime those provisions do not apply in cases where the Cabinet information about contract determines the security mode or contract performance is linked to special secrecy measures in accordance with current regulations.
13. article. Contracts awarded pursuant to international rules these rules shall not apply in cases where the contract allocated under other rules of procedures shall be determined in accordance with: 1) the international agreement between Latvia and the countries outside the European Union (hereinafter third country) on the supplies, works or services that require a common member of this international project implementation or operation. In the case of any such agreement shall be notified to the European Commission;
2 International Treaty on troop) deployment. The rules of procedure apply to organizations in Latvia or in a third country;
3) international organisations with specific provisions.
14. article. Contracts awarded affiliates, joint undertakings or public service provider, which is part of the joint undertaking (1) these provisions shall not apply to service, supply or works contracts, which give the public service branch or by the joint company, which created a variety of public service providers to make any of these rules 3, 4, 5, 6, or 7. actions referred to in article to a of the public service branches provided that an average of 80 percent of this branch in the last three years or the supply of services, or works of turnover incurred in providing the services of supply or works to the public service for which affiliate is the service provider, supplier or works contractor.
(2) for the purposes of this article as an affiliate believes the company has a decisive effect or which has a decisive influence in the public service, or in which it has decisive effect to another enterprise with a decisive influence in the public service. The meaning of this article about the company a decisive influence in another company believes, if the first company has a direct or indirect owner of most (over 50 percent) of the subscribed capital or control the majority of the other votes attaching to shares issued by the undertaking, or a majority of the voting rights in that company's supervisory or executive body of members of the election or appointment of the management.

(3) these provisions shall not apply to contracts which the joint company, which created a variety of public service providers to make any of these rules 3, 4, 5, 6 or 7 in the following article, assign one of the following public service providers.
(4) these provisions shall not apply to contracts awarded by the public service provider to the joint company, which built the only different public service provider to perform any of these rules 3, 4, 5, 6 or 7 of the activities referred to in article for at least three years, and which part is the provider of public services, provided that the said public service operators by way of a common share of the company at least during this period.
(5) the public service to provide information to the European Commission, at its request, for the companies that conclude contracts by applying the derogation referred to in this article, on the subject of such contracts and contract price, and submitted to the European Commission the necessary evidence that the relationship between the companies meet the conditions laid down in this article.
15. article. Contracts for certain services, this shall not apply in cases where the provider of public services contracts: 1) existing real estate purchase or lease or other acquisition of real estate by any financial means, provided that this exclusion shall not apply to financial service contracts related to real estate purchase or lease or other acquisition of the rights to real estate and concluded before the at the same time, or after a purchase or lease agreement;
2) arbitration services;
3) financial services related to securities or other financial instruments, acquisition, sale, or transfer to other persons, in particular the public service deals to get additional financial resources or increase capital;
4) individual services under employment contracts;
5) scientific research services, other than those for which the study is fully paid public service company and receives the results of the public service provider for your needs.
16. article. Service contracts on the basis of exclusive rights in these provisions shall not apply in cases where the public service provider switch service contract with a public sector institution, if it has the exclusive right to provide the service in accordance with the legislation.
Article 17. A separate public service contracts closed (1) these provisions shall not apply in cases where a public service contracts on the supply of water, provided that the public service will provide or manage any public drinking water supply, transportation or distribution networks or supply of drinking water to such networks.
(2) these regulations do not apply in cases where the public service provider contracts for the supply of energy or of fuels for the production of energy, provided that public service provider provides or manage any public gas or heat production, transport or distribution networks or supply of gas or heat to such networks, or provide or operate public electricity transmission or distribution networks, or supply of electricity to such networks, or use certain sites or search for oil extraction as well as solid fuel.
18. article. Preferential agreements (1) in cases where the anticipated contract permits, public service reserve opportunities to participate in procedures for the awarding of contracts to companies that primarily (more than 50 percent of the average annual number of employees) employ disabled people who are natural reasons or illness cannot be employed under normal conditions.
(2) the application of the first subparagraph, the contract closure procedure in the call for participation must refer to this article.
19. article. Contracts concluded by the institution of a centralized procurement of public service provider may conclude supply, works and service contracts with the central procurement institutions.
Chapter IV. Treaty provisions article 20. (1) a supplier may not refuse of tenderers or candidates for the provision of certain services only because the laws of Latvia must be natural or legal persons, if the tenderer or candidate is entitled to provide the services in question under the law of the State in which it is established. However, works and service contracts, as well as when the supply agreement also includes building or installation of the product, public service provider may require that the legal person of the tender or the request for participation in the procurement procedure shall indicate the names and professional qualifications, which are responsible for the execution of the contract.
(2) the Association of Suppliers may submit tenders or to give as a candidate. Public service provider may not require these associations organized a specific legal form in order to submit a tender or a request for participation in the procurement procedure. However, the public service provider may be requested to do so by Association, which is expected to conclude a contract, the extent necessary to make it successfully to meet this agreement.
21. article. Conditions relating to agreements concluded the World Trade Organization within the public service with regard to suppliers from Member States of the European Union shall apply at least as favourable conditions as regards suppliers from third countries, subject to the agreement of the World Trade Organization.
22. article. Privacy (1) of the public service may stipulate conditions for the protection of the information of which the public service operator transferred the suppliers, transfer of technical specifications, as well as making supplier qualification screening, selection and award of the contract.
(2) a notice of the award of the contract and informed the tenderers and candidates, the public service must not disclose the information as a trade secret and confidential aspects of tenders are transferred to other suppliers.
23. article. General arrangement (1) of the public service may be considered to be general agreement on this provision of the agreement article 1, paragraph 1.
(2) where a public service provider, has entered into a contract of general agreement as to the terms of article 1, paragraph 1, it may grant agreements under the General Agreement without publication of a notice of the initiation of the proceeding.
(3) it is prohibited to use a general agreement to prevent, restrict or distort competition.
Chapter v. Dynamic purchasing system, article 24. Dynamic purchasing system General provisions (1) a public service provider to observe rules of procedure found in all dynamic purchasing system phases up to the award of contracts under that system.
(2) a dynamic purchasing system shall include all the tenderers who satisfy the selection criteria and has submitted the technical specifications and any supporting documents to the appropriate informative offerings. Applicants may, at any time, improve communication deals with the condition that they comply with the technical specifications.
(3) the public service in the dynamic purchasing systems and for the award of contracts under that system uses only electronic means that comply with the provisions of article 57 of the second, third, fourth and fifth part.
(4) a dynamic purchasing system is not used for more than four years.
(5) it is prohibited to use dynamic purchasing system to prevent, restrict or distort competition.
(6) the public service provider does not take fees from interested suppliers for inclusion in the dynamic purchasing system, and from the operators of the system maintenance.
25. article. Dynamic purchasing system (1) To set up a dynamic purchasing system, public service: 1) a statutory order shall publish a contract notice stating that a dynamic purchasing is created;
2) indicated in the specification of the characteristics of the goods, it also intended to purchase, using the dynamic purchasing system, as well as the necessary information on the same system, the necessary electronic equipment, which is used, connection terms and specifications;
3) offering unrestricted, direct and full access to the specification and to any additional documents through electronic means, throughout the life cycle of a system, starting with the publication of the notice. Public service provider shall indicate in the notice the internet address at which those documents can be found.

(2) the public service allows suppliers to submit any informative offer the dynamic purchasing system or be included in the system throughout the life cycle of a system. Public service ends indicative tender evaluation not later than 15 days after its submission. Public service providers can extend this period if this time do not sent any invitation to tender system. Public service provider will immediately inform the applicant about the inclusion of the dynamic purchasing system or of the rejection.
26. article. Dynamic purchasing system (1) public service is inviting tenders for the contract for each anticipated the dynamic purchasing system. Before you send the invitation to submit a tender for the contract in question public service provider shall publish a simplified contract notice inviting all interested suppliers to submit information specified period. Information for the submission of tenders shall not be less than 15 days from the simplified contract notice is published on the internet. Public service provider does not initiate the contract award procedure for the dynamic purchasing system, before you have completed the evaluation of the tenders, the information received during that period.
(2) the public service operator by sending an invitation to submit a tender, to invite all candidates who include the dynamic purchasing system, predetermined period of time to submit a tender for each specific contract system.
(3) a public service contract is awarded to the tender concerned who submitted the best tender in accordance with the evaluation criteria set out in the communication on dynamic scoring system. Public service provider may specify assessment criteria in the second part of the invitation.
Chapter VI. Contract price and the estimated contract price article 27. Contract price limits (1) these provisions apply to the procurement procedures applied to the public service, if the estimated contract price, without regard to the value added tax, exceeds the limits set by the Cabinet of Ministers, which meets the European Union's international obligations in relation to the contract price limits to be applied to the public service providers.
(2) the Cabinet of Ministers the report referred to in the first paragraph of the contract price limits at least once every two years to the month after the European Commission has announced in the official journal of the European Union, the relevant contract price.
28. article. Calculation of the estimated contract price (1) the estimated contract price determined as public service planned total payment for performance of the contract, without regard to the value added tax. The public service operator, joint planning, payment shall take into account any maximum choice and any additions to the agreement as well as any donations or payments to the tenderers or candidates.
(2) it is not allowed to split parts of works projects or proposed purchases, or services or the use of special methods for calculating the estimated contract price to avoid the application of the provisions of these rules.
29. article. Calculation of the estimated contract price to General Agreement and dynamic purchasing systems, the estimated contract price agreed in the General case, and dynamic purchasing systems are all expected the total contract price the contract agreement or while the system is running, without taking into account the value added tax.
30. article. Calculation of the estimated contract price for works contracts, the (1) for works contracts, the estimated contract price is all works or structures, including the total value of the supplies and services contract price, which needed for the execution of the contract works and public service provider intends to take or give the works the artist.
(2) the public service provider may not add works contract for the contract price for the supplies and services the expected contract price, which is not required for a specific contract for the execution of the works, if so you can avoid the application of the requirements of these regulations in respect of those supplies or services.
31. article. The estimated contract price calculation by dividing the object of the contract (1) If the alleged works or service contract can be divided into parts, while contracts for each of the parts, the estimated contract price is defined as the sum total of all the parts. Public service provider requirements of this Regulation shall apply to each of these parts, if the total amount exceeds the contract referred to in article 27. However, the public service may not apply this provision requirements for parts, the estimated contract price without value added tax is less than 40000 dollars in the case of service contracts, or 550000 lats, for works contracts, on condition that this part of the estimated contract price is less than 20 percent of all part of the total estimated contract price.
(2) If made buy similar goods while closing a number of supply contracts that they have contracts for parts, the estimated contract price is defined as the sum total of all the parts. Public service provider requirements of this Regulation shall apply to each of these parts, if the total amount exceeds the contract referred to in article 27. However, the public service may not apply this provision requirements for parts, the estimated contract price without value added tax is less than 40000 dollars, provided that this part of the estimated contract price is less than 20 percent of all part of the total estimated contract price.
32. article. Calculation of the estimated contract price the contract in the case of regular regular supply or service contracts, or in the case when the set period of time, the estimated contract price will be determined as the total for the previous 12 months or more during the previous financial year to another following one of the real value of the contract, taking into account the coming twelve months, the possible changes in the volumes and values, or as the total in the next twelve months following the first delivery or next fiscal year If it is longer than twelve months, the other for another following one of the estimated value of the contract.
33. article. Calculation of the estimated contract price of common supply and service contracts Where the expected contract includes both supply and services, the expected contract price is defined as the total amount of the supplies and services, regardless of their amount. In this case, the contract price shall also include the projected incorporation and installation costs.
34. article. Calculation of the estimated contract price agreements that provide for the rental of the expected contract price supply contract which provides for the purchase, lease rental or hire purchase, is determined as follows: 1) contracts that are subject to time limits: (a) if the period is shorter) or equal to twelve months, the total contract price, as the duration of the contract, b) where a period is longer than twelve months, the total contract price, as the duration of the contract, taking into account the residual value;
2) open-ended contracts or contracts that may set a time limit, not — as the expected monthly payment multiplied by 35.48. Calculation of the estimated contract price service contracts (1) the estimated contract price services by: 1) in the case of insurance services as insurance premium payable and other forms of remuneration total amount;
2) banking and other financial services: as a fee for services, commissions, interest payable, and other forms of remuneration total amount;
3) if service contract includes construction, architecture or civil engineering, modelling, as a fee for services, commissions and other remuneration sum total.
(2) If service contracts do not indicate the final contract price, the estimated contract price shall be determined as follows: 1) contracts that have a deadline that is shorter or equal to 48 months: the total contract price for the duration of the contract;
2) in the case of contracts for an indefinite period or, for a period exceeding 48 months — as expected monthly payment multiplied by 48. Chapter VII. Rules applicable to service contracts, article 36. Contracts for the services referred to in the provisions of part A of annex 2 If the public service provider switch service contract for the provision of part A of annex 2 of these services, it applies all these rules that further rules relating to service contracts.
37. article. Contracts for the provision of services referred to in part B of annex 2 If the public service provider switch service contract for the provision of part B of annex 2 of these services, it will require services in accordance with the provisions referred to in Chapter VIII requirements and publish a notice of the results in accordance with the provisions of article 52.
38. article. Mixed service contracts

If the public service provider switch service agreement for services at the same time, both of these provisions referred to in annex 2 and in part A of these rules in part B of annex 2, it applies all these rules that further rules relating to service contracts in the contract provisions in part A of annex 2 referred to the value of the services exceeds that of the provisions in part B of annex 2 that the value of the services. In other cases, the public service will require services in accordance with the provisions referred to in Chapter VIII requirements and publish a notice of the results in accordance with the provisions of article 52.
Chapter VIII. The rules on technical specifications and procedures documents, article 39. Technical specifications (1) the technical specifications for supply and service contracts are a documentation of the procedure in cases specified in the technical specifications, which include the public service requirements as product or service quality level, rules on the protection of the environment, the design requirements (including requirements for disabled access), operation, use or size of the product, terminology, symbols, rules on inspection and examination methods, the requirements concerning the product name by which it is marketed, packaging, labelling, user instructions, production processes and methods, methods of compliance.
(2) the technical specifications for the works contract is a collection of technical prescriptions contained in the documentation and procedures that define the public service requirements to set up materials, products or items, and to describe the materials or objects to it, their acquisition, they meet the purpose for which the public service operator is intended by it. These statements include requirements such as environmental conditions, design requirements (including requirements for disabled access), requirements for the operation, the provisions for security or size, quality assurance, terminology, symbols, rules on inspection and test methods, rules and working conditions for approval, construction methods and technology, and other technical conditions which the public service can be set in relation to the finished works or construction materials and articles, or that there is involved.
(3) the technical specification contains procedural documents. The technical specifications should as far as possible be designed in such a way that they take into account the conditions of access for the disabled.
(4) the technical specification provides equal opportunity to all applicants.
40. article. Technical specifications (1) the technical specifications of the type one of the following forms: 1) with reference to the standards in the following hierarchical order: the Latvian National Standard status in European standards adapted; common technical specifications; other international standards; other technical reference systems established by the European standardisation bodies; Latvian National standards; other technical reference system. Each reference shall include the words "or equivalent";
2 determining the functional or operational) requirements. These requirements may include the requirements of environmental protection. Requirements are expressed precisely and safely to the applicant to determine the subject-matter of the contract and a public service operator to grant agreement;
3 determining the functional or operational) requirements in accordance with paragraph 2 of this part and reference to standards in accordance with paragraph 1 of this part as a means of ensuring compliance with the functional or performance requirements;
4) showing some characteristics in accordance with article 39 of these rules and requirements with reference to standards in accordance with paragraph 1 of this part, but other requirements as functional or performance setting requirements in accordance with paragraph 2 of this article.
(2) If the public service is creating the technical specifications in accordance with the first subparagraph of paragraph 1, it may not reject a tender on the grounds that the proposed products or services do not conform to the referenced standards or technical specifications, if the applicant can demonstrate to the manufacturer's documentation or the certificate issued by the competent authority of the results of the inspection, the offer is equivalent to and satisfy the requirements of the public service, expressed in the technical specification.
(3) If the public service is creating the technical specifications, defining the functional or operational requirements, it may not reject a tender which complies with the Latvian National Standard status in the adapted to European standards, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies, the Latvian National standards or to other technical reference systems, if those standards, technical specifications or reference system determined the same functional or performance requirements that raised a public service provider. In this case, the tenderer in his tender to the manufacturer's documentation or certification issued by the competent authorities of the results of the inspection show that the offered products, services or works which comply with the above standards, meet the public service in certain functional or performance requirements.
Article 41. Other specifications of the application (1) where a public service provider determines the environmental requirements of the functional or performance requirements in accordance with the provisions of article 40 paragraph 2 of the first subparagraph, it may apply a detailed European, multinational or any other eco-label specifications, or parts thereof, provided that these specifications are sufficient to describe the products or services that are the subject of the contract, the estimated requirements for the eco-label is prepared using scientific information, eco-labelling is approved through a procedure which is open to all interested organizations, public authorities, consumers, manufacturers, distributors and environmental organisations, and of the specifications of the eco-label is available to all interested parties. Public service provider may specify that it shall presume that products or services that have an eco-label that complies with the technical specifications and procedures are proposed to the requirements indicated in the documents. The public service as another proof of compliance accepted the manufacturer's documentation or certification issued by the competent authorities of the results of the inspection.
(2) If it is not decisive for the existence of the subject of the contract, technical specifications shall not refer to a specific origin, the special process, the brand name, patents, types or a specific origin of products that generate a specific vendor or product benefits or exclusions. In exceptional cases, such a reference may be used, if it is not possible to produce sufficiently accurate and clear description of the subject of the contract in accordance with article 40 of the first and the second part. In this case, the reference is used in conjunction with the words "or equivalent".
Article 42. Technical specifications for accessibility (1) of the public service at the request of the interested suppliers for those technical specifications that the public service will regularly use the supply, service or works contracts, or the technical specifications which it intends to apply the treaties, which are published in periodic information notice.
(2) where the technical specifications are prepared based on documents available to interested suppliers, public service refers to those documents.
43. article. Offer variants (1) selecting the economically most advantageous tender, the public service can take account of the applicant submitted offer options that meet the public service's proposed minimum requirement level. The public service in the technical specifications, or are allowed to submit tenders variants. If variants are allowed, the public service indicates the minimum requirement level options and specific requirements for specifying variant offer.
(2) If the delivery or service contract award procedures public service has allowed to submit a tender version of this article, according to the first subparagraph, a public service provider may not refuse the offer variation, based solely on the fact that in the case of supply check this option will result in the conclusion of a service contract in the place of the supply contract or a supply contract for the conclusion of the service agreement.
44. article. Subcontractor contracts in his tender, the Tenderer shall indicate which parts of the Treaty, it is going to release, and any proposed subcontractors, subcontractors.
Article 45. Conditions for the execution of the contract public service provider may impose special conditions on the execution of the contract in connection with social or environmental conditions, provided that these special conditions are not in conflict with European Community law and are indicated in the call for participation or technical specifications.
Article 46. Obligations relating to environmental protection, employment and working conditions

(1) a public service provider procedures documentation indicates the institutions or applicants can obtain information about applicable rules with regard to the protection of the environment, employment and working conditions in the administrative territory of the services or works.
(2) tenderers quotes indicates that, when drawing up the quotation, account has been taken of the employment and labour protection provisions in force within the administrative area.
Chapter IX. Procurement procedures article 47. Open, closed or negotiated procedure by the public service provider may choose an open, restricted or negotiated procedure, if you have published a membership invitation to submit offers.
48. article. When does not publish membership invitation public service provider may choose from these rules article 47 procedures referred to, without publishing a membership invitation, in the following cases: 1) is not submitted offers or applications for which the procedure has been published an invitation to participate or tenders submitted does not match the procedure documentation, provided that the original terms of the contract are not substantially altered;
2) agreement is intended only for research or experimentation without the intention of ensuring profit or of recovering research investment funds, provided that such an agreement does not affect future contracts on the basis of free competition;
3) artistic or technical reasons, or for reasons connected with protection of exclusive rights, the contract may be executed only by a particular supplier;
4) emergency situation arising in the public service because of unforeseeable circumstances, the time limit, it is not possible to publish a membership invitation, and as far as this is necessary to avoid an emergency situation;
5) with the original vendor is closed to additional supply contracts for the public service available for partial replacement or supplement, if you change the vendor, create the conditions, when the public service should purchase goods with different technical characteristics, which are not compatible with public service providers already in the possession of the goods, or would result in undue hardship the public service the maintenance or use of the goods;
6) of the public service needs to receive services or works not included in the contract concluded, but have, through unforeseen circumstances, become necessary for the execution of the original contract, if such services or works shall provide the original supplier, provided that the additional services or works without great inconvenience to the public service cannot be technically or economically separated from the original contract or such additional services or works, although separable from the original contract , becomes necessary to its later stages;
7) for works contracts, if the additional works, which is similar to the original supplier of the works carried out by repetition, provided that additional works were intended for the project, which closed the original contract, the initial contract is the result of the procedure, which is published in the membership invitation, invitation of participation that can be suitable for such a procedure, and the calculation of the estimated contract price of additional works are taken into account;
8) goods purchased stock;
9) contracts awarded under the General Agreement;
10) bargain when there is the option to purchase goods with very favorable conditions in a very short period of time at prices well below the market price, or in the case where the supplier shall hold a sale, closing a business, or liquidator or creditors of the bankrupt merchant tool property sale in accordance with the laws of each Member State;
11) services agreement with Matt winning switch, or any of the winners, if Matt contest organised in accordance with the requirements of this regulation. In the second case, all the competition winners Matt must be invited to the talks.
Chapter x. Notices to be published article 49. Publication of notice (1) these regulations 50, 51, 52 and 72 samples of the notification referred to in article and content is determined by the Cabinet of Ministers.
(2) the procurement monitoring Bureau within three working days after the first notice of receipt referred to in part the content of the examination of the compliance with the requirements of this regulation, send them for publication in the official journal of the European Union and at the same time publish the purchasing portal.
50. article. Periodic informational notices and announcements of the establishment of qualification system (1) of the public service, using the periodic informative statement at least annually notify: 1) in the case of the supply contract, the agreement or the General Agreement the estimated total contract price, which the public service is going to close down within the next 12 months as determined (by reference to the CPV) product group if this agreement and the General Agreement total estimated contract price is 400000 lats or more;
2) in the case of service contracts, the contract or the General Agreement and the total estimated contract price that the public service is going to close down within the next 12 months for certain categories of services in accordance with the provisions of part A of annex 2 If this agreement and the General Agreement total estimated contract price is 400000 lats or more;
3) in the case of works contracts, the agreement or the General Agreement General characteristics that the public service is going to close down within the next 12 months, if the contract or agreement in General expected contract price exceeds that laid down in article 27 of the rules of the contract price;
4) supply and service contracts, the public service provider shall send a notice of the procurement monitoring Bureau;
5) for works contracts, the public service provider shall send a notice of the procurement monitoring Bureau, after a decision on works contract or general agreement;
6) this part 1, 2, and 3. the notification referred to in paragraph 1 are mandatory only if the public service operator in accordance with the procedure laid down in these rules wants to reduce certain in these provisions for the submission of tenders.
(2) the public service provider may publish periodic indicative notices relating to major projects without repeating information previously included in other periodic information notice. In this case, the public service clearly indicates that it is optional.
(3) If the public service wants to establish a system of qualifications, publish a notice about it, indicating the purpose of the qualification system and how to obtain information on the functioning of the system of qualification rules. If the system is intended for operation up to three years, the notice shall be published each year. If the operation time is shorter, enough with the original statement.
51. article. Call for participation (1) supply, works and service contracts in cases where the public service suppliers invited to participation in procedures for the award of contracts by using one of the following statements: 1) the periodic information notice;
2) notice of the existence of a qualification system;
3) contract notice.
(2) On the foreseeable procurement of dynamic purchasing systems within the public service shall communicate by means of a simplified contract notice.
(3) If a membership invitation by periodic information notice-public service announcement refers directly to them in the supplies, works or services which will be the subject of the contract and the expected agreement, indicate that the contract will be awarded by restricted or negotiated procedure without further invitation of participation, as well as asking for interested suppliers to express their interest in writing. The periodic informative notice must be published not later than 12 months before the invitation to tender or negotiated procedure closed, subject to this provision in article 54 of these deadlines for the submission of tenders.
52. article. (1) the communication of the results of the public service, who have assigned a contract or agreement in General, two months after the procedure of approval shall send a notice of the results of the procedure. If you are assigned to the general agreement under the agreement, the public service must not send a notice of the results of each general agreements concluded in the framework of the Treaty.
(2) the public service within two months of any given award of the dynamic purchasing system shall send a notice of the results of the procedure.
(3) the procurement monitoring Bureau will take into account any public service guidelines for notices on the existence of a qualification system that the confidential nature of the information relating to the information on the tenders received, the identity of the supplier or the price.

(4) where the public service attaches to research and development services agreement with a procedure which is not published in the membership invitation, public service provider may limit the statement to be published information about the nature and quantity of the services to the reference "research and development services". If you give the public service research and development service contracts with a procedure that can not do without a membership invitation, public service provider may limit the information on the types of services and the quantity on the basis of confidentiality of information. In such cases, the public service will ensure that any information referred to in this paragraph is no less detailed than the membership invitation. Using the qualification system, the public service will ensure that in this case, the information contained in the notification of the results is less detailed than the qualifications of qualified service providers in this service category.
(5) If a services agreement granted to this rule 2. in part B of the annex to these services, public service provider shall indicate in the notice whether it agrees to publication of the notice.
(6) notices that information marked as don't publish the information can be published only in simplified form for statistical purposes.
53. article. The publication of the notice in the form and manner of (1) a public service provider electronically or otherwise transmit the procurement monitoring Bureau notices the Latvian language in accordance with the Cabinet of Ministers established the model of communication and content.
(2) notifications or parts thereof shall not be published in Latvia they are sent faster, as publication in the official journal of the European Union or the European Commission. If the communication is published in Latvia, its contents should not be different from that which sent the procurement monitoring Bureau for publication in the official journal of the European Union or to send to the European Commission. In this case, the notice must indicate the date on which it sent for publication in the official journal of the European Union or the European Commission.
(3) the public service supports the preservation of evidence for the dates of dispatch of the communication procurement monitoring Bureau.
(4) the public service provider has the right to publish the notices in accordance with the requirements of this article, even if these provisions are not obliged to publish such notifications.
Chapter XI. Time limits article 54. Deadlines for submitting an application or tender (1) of the public service by establishing time limits within which the application or tender shall take into account the potential complexity of the contract and the time required for the preparation of tenders, as well as the time-limits set out in these rules limits.
(2) in the case of open procedures, the minimum time limit for submission of tenders is 45 days from the date of the procurement monitoring Bureau electronically sent a statement to the official journal of the European Union and published a contract notice procurement portal, not including the day of shipment.
(3) closed and the negotiated procedure in the case of a published call for participation, the following conditions shall apply: 1) shall submit an application in response to the statement or in response to the public service call for applications, not less than 30 days from the date of the procurement monitoring Bureau electronically sent a statement to the official journal of the European Union and published a contract notice procurement portal, or the date of the invitation to submit a tender sent the publication or shipment;
2) where tenders are submitted, you can specify the public service agreement with all the successful candidates, provided that all candidates have the same time to prepare and submit tenders;
3) if public service provider does not agree with the applicants for the submission of tenders, public service determines the period for the submission of tenders which shall not be less than 24 days since the days when sent out a call for proposals, not including the day of departure. In exceptional cases, when the offer does not require much time for preparation, public service provider may shorten the period for the submission of tenders for up to 10 days from the date sent out a call for proposals, not including the day of departure.
(4) where the public service has published periodic indicative notice, open procedures, the minimum time limit for the submission of tenders is 36 days since the date of the procurement monitoring Bureau sent a statement to the official journal of the European Union and published a contract notice procurement portal, not including the day of publication. In exceptional cases, where it is a reasonable justification, this period may be reduced to 22 days. In this case, you must save all documentation justifying the term reduction.
(5) in the fourth paragraph of this article, these time limits may be imposed if a periodic information notice contains not only all the information provided, but also the information they need, if it is going to be used as the membership invitation or permission to reduce the deadlines for the submission of tenders, provided that such periodic information notice is published in the procurement monitoring Bureau portal in less than 52 days and 12 months from the date of When the procurement monitoring Bureau sent a statement to the official journal of the European Union and published a contract notice procurement portal, not including the day of publication.
(6) where the public service provides free and direct electronic access to the documentation of the procedure and all additional documents required, deadlines for the submission of tenders in open, in restricted and negotiated procedures may be reduced by five days after the announcement, which is used as the membership invitation is published in the official journal of the European Union. The notice must contain the internet address at which this information is available. This part does not apply in the case of the submission of tenders shall be laid down in the public service, in agreement with all of the successful candidates.
(7) open procedures in the public service, with all the features referred to in this article shall be shortened to in the second paragraph of this article, the time limit may not be determined for the submission of tenders of less than 15 days from the date of the procurement monitoring Bureau electronically sent a statement to the official journal of the European Union and published a contract notice procurement portal, not including the day of publication.
(8) in restricted and negotiated procedures in the public service, with all the features mentioned in this article, shorten the third part of this article, in paragraph 1, the deadlines, the time limit should not be shorter than 15 days from the date of the procurement monitoring Bureau sent a statement to the official journal of the European Union and published a shopping portal of the contract notice or in the public service have sent out the call for applications, not including the publication or circulation of the day invitation.
(9) in restricted and negotiated procedures in the public service, with all the features mentioned in this article to shorten the period for the submission of tenders, except for the submission of tenders shall determine, by common accord, the time limits should not be shorter than 10 days since the days when sent out a call for proposals, not including the day of departure.
(10) If the public service is unable to provide documentation of the procedure and any necessary additional information to the interested suppliers or candidates at least six days before the deadline for the submission of tenders or quotations can be prepared only by the site, the service or the place of delivery are carried out to the vendors should be sure that they have all the necessary information for the preparation of tenders, provided that all the information is requested, the time limit for the submission of tenders in the extended except when the period for the submission of tenders fixed by mutual agreement.
55. article. The deadline for sending the documents and additional information (1) If a public service provider does not provide free and direct electronic access to the documentation for the procedure and any additional documents required by the public service provider shall circulate them to interested suppliers within six days of receipt of the request, provided that the request for documents sent in good time before the deadline for the submission of tenders.
(2) If the supplier or interested candidates are requested in good time, the public service will provide additional information on technical specifications not later than six days before the deadline for the submission of tenders.
Article 56. Invitation to submit a tender or to negotiate

(1) in the restricted and negotiated procedures the public service while writing invite all the selected candidates to submit bids or negotiations. The invitation contains the technical specifications and other necessary documents or reference to the internet address at which those documents are available if the public service provides free and direct electronic access to the documentation of the procedure and all additional documents required.
(2) if the procedure documentation and all additional required documents not available to the public service, but in another organization, the invitation contains a reference to the address at which those documents can be requested, as well as, if necessary, the date until which it may require payment and payment procedures for the size of them. The body responsible for the documents circulated immediately after receipt of the request.
(3) if the applicant is requested in good time, of the public service or the body responsible shall provide additional information on the technical specifications and other documents not later than six days before the deadline for the submission of tenders.
(4) in addition to the first paragraph of this article, the information notice contains at least the following information: 1) the date by which it can request technical specifications and other necessary documents, pay and payment procedures for them, if necessary;
2) for the submission of tenders, the address to which tenders should be sent, the language in which the bid must be submitted;
3) reference to publish a contract notice is published, if any;
4) an indication of the documents to be attached;
5) the criteria for the award of the contract where they are not mentioned in the statement of qualifications as a notification system, which invite to tender;
6) the criteria for the award of the contract and the relative weight, if necessary, the order of importance if it is not mentioned in the contract notice, the notice on the qualification system or the specifications.
(5) If a membership invitation completed the periodic information notice in the way before the selection of candidates for public service in turn invite all candidates to confirm the expected interest in the agreement. The invitation shall contain at least the following information: 1) the object of the contract and its scope, including any possible additional agreements for time, which can be used to restore the options contracts, the subject of the contract and, if possible, an estimate of the date of notification of works, supply or service contracts, for which you will need to submit tenders;
2) type of procedure: restricted or negotiated;
3) if necessary, the date on which to end or stop delivery or provision of services, or works;
4) address, which must be submitted by the documentation, for the submission of the request, an indication of the language in which to submit a tender;
5 the address of the organisation), which is responsible for the award procedure, and provides information about the specifications and other documents for the acquisition;
6) the economic and technical conditions which must be complied with by suppliers, financial guarantees and information required from suppliers;
7 payment amount and payment) procedures for the collection of the documentation of the procedure;
8) type of contract for which tenders are invited: purchase, lease, hire purchase, any combination thereof;
9) criteria for the award of the contract and the relative weight, if necessary, the order of importance if it is mentioned in the information notice or the specifications or in the invitation to tender or invitation to negotiate.
(6) writing means any words and symbols that you can read, display, and then to communicate to other people. This combination may include electronic funds transfer and stored information.
Chapter XII. Exchange of information article 57. Rules for the exchange of information (1) the exchange of information between public service providers and suppliers, by post, by fax, electronically or by telephone, or any combination of those forms, depending on the public service provider of choice in the cases referred to in this article and in accordance with the conditions laid down in this article.
(2) the public service media should be selected to be generally available, thereby burdening the suppliers access to procedures for the award of the contract.
(3) information exchange and storage of information shall be such as to all tenders and applications at the data would be protected and public service provider may check the content of tenders and applications only after the date of the end of the quotation or application deadline.
(4) the exchange of information by electronic means to Exchange data, choose such that, as well as their technical specifications are publicly available and compatible with the general use of information and communication technology products, thereby eliminating discrimination against suppliers on this basis.
(5) the electronic equipment that sends and receives electronic tenders and applications to participate in restricted and negotiated procedures, as well as plans and projects in contests, gave the following conditions shall apply: 1) all interested suppliers information is available on the specifications relating to the offer and the electronic submission of applications;
2) uses the digital signature that corresponds to the electronic document requirements of the law;
3) can pinpoint the date and time when the tender must be submitted in open or restricted procedures or the application is closed or negotiated procedures, or the application of the system of qualification as well as plans and projects;
4) public service provider or organization hosting the procedure, ensure that no one can access the information presented before the expiry of that period;
5) has the ability to detect violations, if someone violated the prohibitions referred to in the previous paragraph;
6) only authorized persons have the opportunity to set or change the time for opening data received;
7) qualification procedure, the contract award procedure or method for the various phases of the contest during the approach to the data submitted, or to part is possible only with an authorized person at the same time activities;
8) submitted data can only be accessed after the date fixed in advance with an authorized person at the same time activities;
9) approach and submitted information remains open only to authorized persons, that it is allowed.
(6) if the proposals and applications to participate in restricted and negotiated procedures, as well as plans and projects in contests Matt sends and receives electronic, suppliers submit required documents, which exist only in paper form, prior to the offer or the deadline for submission of tenders.
(7) an application to participate in the restricted or negotiated procedure or system of qualifications, or throwing contest can be submitted in writing or by telephone. If the application filed by telephone, before the filing date of the application the written confirmation. Public service provider may require that the applications filed by telefax, confirmed by the original sent by mail or electronic means. The public service will participate in the invitation or the provision of article 56 in the fifth subparagraph, the invitation Specifies any such requirement, together with the deadline by mail or electronically must submit the original.
58. article. Information for persons applying for qualification, candidates and tenderers (1) of the public service in response to requests from interested suppliers in writing as soon as possible after making a decision on the conclusion of the General Agreement, the award of the contract or the dynamic purchasing system status informs all interested suppliers of the decision taken, showing all the reasons, if not the General Agreement or contract has not been awarded in cases where it is published to the membership invitation whether a dynamic purchasing system is not created, or procedure is interrupted.
(2) the public service provider within 15 days after receipt of a written request, inform the rejected candidates or tenderers of the reasons for rejection, indicating non-compliance with this provision, article 40, second and third subparagraphs, of the cases referred to in the decision on non-compliance or equivalence decision on proposed construction, non-compliance of the products or services of the functional or operational requirements, but all applicants who have been selected according to the offer, the tender specifications and the relative advantages as well as the name of the selected tenderer or selected members of the General Agreement.
(3) the public service provider may not provide certain information on the contract award or the conclusion of the agreement in General, or the inclusion of the dynamic purchasing system, where this information can interfere with the application of other laws or otherwise harmful to the public interest, will violate any of the supplier's legitimate commercial interests, or will be in violation of fair conditions of competition.

(4) the public service operator, which creates a system of qualification shall inform applicants of their aptitude for six months after the application. If the decision requires time beyond four months after the filing of the application, the public service within two months of submission of the application, notify the applicant of the reasons which have led to the adoption of the decision take longer, as well as the time-limit within which will be adopted in the decision.
(5) the public service provider within 15 days of the adoption of the decision rejecting the application shall inform those applicants whose applications have been rejected. The reasons for the rejection are explained on the basis of the qualification system for specific criteria.
(6) the public service provider who maintains a system of qualifications, may be excluded from the supplier qualification systems, if it does not meet the qualification criteria established to form a system. Intention to exclude from the supplier qualification systems in the public service, with reasons, in writing, inform the supplier at least 15 days before the date by which a vendor to be excluded from the system.
Article 59. Information store (1) four years from the date of the tender selection public service provider, selected suppliers and selected quotations in accordance with these rules, stores all the information and documents on the basis of which decisions on: 1) qualification, supplier selection and choice of tenders;
2) where the procedure applied without notification of participation;
3) derogations from the requirements of these provisions, referred to in this provision VII, VIII, IX, X, XI and XII chapter, on the basis of exemptions laid down in these provisions.
(2) gives the public service Commission, at its request, the information referred to in the first subparagraph.
Chapter XIII. Procedure for the award of the contract article 60. General provisions (1) in order to select vendors in procedures for the award of contracts, public service: 1) excludes candidates and candidates who do not meet the public service objective set out the selection criteria and conditions, as well as the provisions of article 63 of the tenderer referred to in the fourth paragraph, and candidates;
2) closed in and negotiated procedures for which published the invitation of membership on the basis of objective selection criteria, limits the number of candidates selected, if it is necessary.
(2) If notice of the establishment of a qualification system as an invitation for membership published, to select candidates for the specific award of the contract to publish the invitation for participation in the public service includes suppliers qualification system in the application of the first paragraph of this article, the conditions relating to closed and negotiated procedures.
(3) the public service checks whether the selected tenderers the tenders submitted comply with the requirements of the tender and the contract is awarded on the basis of the criteria laid down in these provisions.
61. article. Administrative, technical or financial terms, as well as certificates, checks and mutual recognition (1) in cases where a decision is taken on the supplier selection for participation in the closed or negotiated procedures, or is augmented qualification criteria or conditions, prohibited from: 1) be attributed to individual suppliers, administrative, technical or financial rules which are not applied to other suppliers;
2) require tests and evidence that back up if the available objective evidence.
(2) requires the institution of independent certificates proving the compliance of the supplier to certain quality assurance standards, public service provider shall refer to quality assurance systems, which are based on a series of European standards, and certification bodies conforming to the European standards series concerning certification. Public service provider adopt the appropriate certificates from the Member States of the European Union established certification authorities, as well as other evidence of equivalent quality assurance measures carried out by the supplier.
(3) works and service contracts, and only in cases when you need to check the supplier's technical facilities, the public service will require environmental protection measures of which the supplier is able to exercise by following the agreement. In such cases, requiring independent institutions issued certificates that prove the compliance of suppliers for certain environmental protection standards, the public service refer to the EMAS or to environmental protection standards, which are based on European or international standards that conform to European Community law, or to European or standards for certification. Public service provider adopt the appropriate certificates from the Member States of the European Union established certification authorities, as well as other evidence of equivalent environmental protection activities carried out by the supplier.
62. article. (1) the qualification system the public service after his election can establish and maintain a system of qualification of suppliers. Public service provider who created and maintains a system of qualification shall ensure that suppliers of all system maintenance time could require their inclusion in the system.
(2) qualification system may have more than one qualifying phase. System is used, based on the public service of certain objective criteria for the evaluation of qualifications and conditions. If necessary, these criteria and conditions may add to or change.
(3) the qualification criteria and conditions includes the following mandatory conditions of exclusion: 1) the supplier is found guilty by a court decision on participation in a criminal organisation, corruption, fraudulent activities in accordance with the Convention on the protection of the European Communities ' financial interests, article 1 money laundering in accordance with the Council of 10 June 1991 Directive 91/308/EEC on the use of financial system for money laundering suspension article 1;
2) vendor is declared bankrupt, is being wound up, its economic activity is paused or stopped, or of legal proceedings for the applicant, winding up, insolvency or bankruptcy;
3) supplier's tax or State social security payment shows in Latvia or any other country in which it is established;
4) law is found in the supplier's professional misconduct in the last three years from the date of the application, if the public service provider may show evidence of it;
5) supplier has provided false information in his assessment of qualifications or does not submit the requested information.
(4) If the qualifying criteria and conditions include requirements for the supplier's economic, financial, technical capacity and staff, the vendor can be based on other options any legitimate link between the cases. In this case the supplier public service provider to prove that the supplier of these resources will be available throughout the residence qualification system. In this way the vendor can be based on the Association of the members of the Group and other organizations.
(5) the public service provider provides the qualification criteria and conditions at the supplier's request. Additions to the criteria and conditions to be communicated to all interested suppliers. If the public service provider believes that certain other organization meets the qualification system of public service requirements, it shall communicate the names of such organizations interested suppliers.
(6) the public service provider maintain written lists of qualified suppliers. Suppliers can be broken down by category of the type of contract for which the qualification is valid.
(7) If a notice of the establishment of a qualification system as an invitation for membership published, closed the procedure applicants and members of the negotiated procedure shall be selected from the qualified candidates in the system.
(8) public service provider may have requested that any supplier who wishes to participate in procedures for the award of contracts, prove that he was either a receipt or certificate is registered in one of the professional or trade registers or equivalent records according to the rules of the Member State in which the supplier is established. Giving service, public service provider may require the service provider to demonstrate the right to provide certain services or membership in a particular organization, if the service provider should be entitled to provide such services or to be a member of a particular organization.
Article 63. Selection criteria (1) of the public service determines the open procedure the applicant selection criteria in accordance with objective criteria and conditions that are available to suppliers.

(2) the public service provider selects the candidates closed and negotiated procedures in accordance with the objective criteria to be set and the conditions that are available to suppliers.
(3) in restricted and negotiated procedures, the criteria can be determined in accordance with the objective of the public service to the need to reduce the number of candidates to a level necessary to counterbalance the procedures for the award of the contract, the specific characteristic with the resources they need.
(4) in the first and second parts, these criteria include the following mandatory exclusion of tenderers or candidates: 1) the tenderer or candidate is found guilty by a court decision on participation in a criminal organisation, corruption, fraudulent activities in accordance with the Convention on the protection of the European Communities ' financial interests, article 1 money laundering in accordance with the Council of 10 June 1991 Directive 91/308/EEC on the use of financial system for money laundering suspension article 1;
2 the tenderer or candidate has) been declared bankrupt, is being wound up, its economic activity is paused or stopped, or of legal proceedings for the applicant, winding up, insolvency or bankruptcy;
3) the tenderer or candidate is State taxes or social security payment shows in Latvia or any other country in which it is established;
4) law is found in the applicant or applicant's professional misconduct in the last three years from the date of the application, if the public service provider may show evidence of it;
5 the applicant or candidate) has provided false information in his assessment of qualifications or does not submit the requested information.
(5) If the selection criteria and conditions include the requirements of the applicant, or the applicant's economic, financial, technical capacity and staff, the tenderer or candidate may be based on other options any legitimate link between the cases. In this case, the tenderer or candidate for public service demonstrates that the tenderer or candidate, these resources will be available for the estimated time of completion of the contract. In this way the vendor can be based on the Association of the members of the Group and other organizations.
(6) the public service provider may have requested that any supplier who wishes to participate in procedures for the award of contracts, prove that he was either a receipt or certificate is registered in one of the professional or trade registers or equivalent records according to the rules of the Member State in which the supplier is established. Giving service, public service provider may require the service provider to demonstrate the right to provide certain services or membership in a particular organization, if the service provider should be entitled to provide such services or to be a member of a particular organization.
64. article. The criteria for the award of contracts (1) the award of the contract, the public service provider chooses either the most economically advantageous tender taking account of factors such as supply or contract deadlines, costs, effectiveness, offer quality, aesthetic and functional characteristics, environmental requirements, technical compliance, operating costs, the availability of spare parts, security of supply, price and other factors, or the offer with the lowest price.
(2) where a public service provider will choose the most economically advantageous tender, the invitation to participate in this or the invitation in accordance with the provisions of article 56 of the fifth, or in the invitation to tender or to negotiate, or in the technical specifications of the tender shall indicate all the selection criteria in order of importance and offers a choice of algorithms in accordance with those criteria.
Article 65. The application of electronic auctions (1) open, closed or negotiated procedures, which were published in the notice of participation, and then, if the technical specifications can be determined very accurately, public service provider may decide that the award of the contract will take place before an electronic auction. In these same circumstances electronic auction may be held before the award of the dynamic purchasing system.
(2) electronic auction may take either the pricing or specification of the base price and the characteristics of the new values of the base, if the criteria for the award of the contract is that of the most economically advantageous tender, or only on pricing the base, if the criterion for the award of the contract is that of the lowest price.
(3) the decision to take the electronic auction public service provider shall notify the membership communication.
(4) in the case of an electronic auction the technical specifications in addition to other messages include: 1) also apply, which will be the subject of electronic auction, provided that these characteristics are measured and the values can be expressed in figures or percentages;
2) any value (you can submit and change), taking into account the specifications of the subject of the contract;
3) guidance on the information that will be made available to applicants during the auction, and, if possible, when the information will be put;
4) necessary information relating to the Organization of electronic auction;
5) rules, applicants must follow step a auction for minimum or maximum bidding increments which will be requested, if necessary;
6) the required information concerning the electronic equipment used, connection specification and organization.
(5) before the launch of the electronic auction public service performs a full initial evaluation of the tenders in accordance with the evaluation criteria.
(6) the public service provider at the same time invite all tenderers who had submitted appropriate quotations, electronically submit new price or value. The invitation contains all the information you need about individual connection to the auction used electronic equipment and set a date and time which will be launched in the electronic auction. The electronic auction may take place over several successive phases. Electronic auction do not start sooner than two working days after the date of the invitation sent to participate in the auction.
(7) if the contract is to be awarded on the basis of the most economically advantageous tender, the invitation shall be accompanied by a summary of the evaluation of the tenders. The invitation shall contain the electronic auction used mathematical formula or algorithm that includes all notional values of criteria and determine the location of redistribution using new values or prices submitted, or just the price. If you're allowed to offer variants, each version determines its formula.
(8) any phase of an electronic auction the public service provider passes the messages to all applicants, allowing them any moment probably determine their relative location. Public service providers may also transfer messages concerning other prices or values submitted, provided that that is stated in the specifications. May also at any time announce the number of participants in the auction at the auction phase, but forbidden to disclose the identity of the members.
(9) public service provider switch electronic auction in one or more of the following ways: 1) indicating the invitation for the auction date and time fixed in advance;
2) in the absence of new prices or values according to the rules on the minimum or maximum auction step. In this case, the invitation to tender for the public service indicates the time that is allotted by the last promise, before the auction is closed;
3) if all of the invitations referred to in the auction phase is completed. If the public service wants to end the auction, a combination of this and the preceding paragraph, the invitation to tender is given time to each auction phase.
(10) When the electronic auction is closed, the public service contract is awarded on the basis of article 64 of these rules the criteria, using the results of the electronic auction.
66. article. Unreasonably cheap offer (1) if the offer is for a particular supply, service or works contract is unduly cheap, public service provider before the offer rejection in writing requires a detailed explanation of the essential elements of the tender.
(2) detailed explanation may relate to: 1) production, services or methods of construction costs;
2) selected technical solutions and particularly advantageous conditions available to the tenderer for the supply of the goods, provide services or carry out the works;
3) offered goods, services or works of nature, originality;
4) applicant's opportunities to receive State aid.
(3) the public service, in consultation with the applicant, shall examine all the provisions referred to in the second subparagraph.

(4) where a public service provider finds that the offer is not reasonably cheap, because the applicant has received State aid offer after consultation with the applicant may be refused only on the basis that the applicant can not determine public service enough time to prove that the State aid is illegal. If the public service provider rejects the offer in such circumstances, it shall inform the European Commission of this fact.
Article 67. The contract of supply, service or works contract shall be not earlier than after 10 working days since the date of notification of the results to all contract award procedure.
68. article. Offers containing products originating in a third country (1) of this article shall apply to tenders comprising products originating in a third country with which the European Community has not concluded bilateral or multilateral agreements on the comparable and effective access to the European Community Organization of the third-country market. This article does not affect the European Community and Latvia's international obligations to third countries.
(2) may reject any bid for the award of the contract for delivery of products to third country origin make up more than 50 percent of the total value of the products constituting the tender. This article needs software telecommunications network equipment considered product.
(3) having regard to the second part of this article, where two or more tenders are equivalent after evaluation in accordance with the provisions of article 64, preference shall be given to proposals that have not been rejected in accordance with the second paragraph of this article. The meaning of this article, the price shall be considered equivalent if they differ by more than three percent. We do not offer benefits to other proposals, if this public service provider obliges to buy equipment whose technical characteristics are very different from the public service nature of equipment, resulting in incompatibility, technical equipment problems in the operation and maintenance of equipment, as well as the disproportionate costs.
Chapter XIV. Rules cast article 69 contests. General conditions (1) Matt tendering provisions are open to all interested parties, who expressed willingness to participate in this contest.
(2) participation in the cast in the contest does not limit to: 1) a reference to any part of the territory of the State or territory;
2) the reference to the law, which States that members should only be natural or legal persons.
70. article. Contract price limit (1) this chapter shall apply to contests organised cast as part of the service contract award procedure, in which the estimated contract price, without regard to the value added tax, together with any possible premiums or costs more than Cabinet members a certain boundaries that meet the European Union's international obligations in relation to the contract price limits service contracts, to be applied to the public service providers.
(2) This section shall apply to the contest, which ran the total premiums, and the amount of costs to participants, together with possible design services the expected value, without taking into account the value added tax, exceeds the limits set by the Cabinet of Ministers, which meets the European Union's international obligations in relation to the contract price limits service contracts, to be applied to the public service providers.
(3) Cabinet reviews the first paragraph of this article of the contract price limits at least once every two years to the month after the European Commission has announced in the official journal of the European Union, the relevant contract price.
71. article. Throwing contest which did not apply the requirements laid down in this chapter this chapter requirements do not apply to contests organised throwing these rules 10, 11 and 12 in the cases referred to in article 3 in respect of service contracts.
72. article. Notification and disclosure provisions (1) of the public service who want to organize the contest, throwing that rule 49. in accordance with the procedure laid down in article published in the communication on meta. After the completion of the tender ran public service provider announces the results by publishing this article 49 the provisions prescribed in the notice of tender results. Matt
(2) the public service two months after throwing the final invitation to tender sent to all participants in the contest announcement about its results.
73. article. Exchange of information (1) the exchange of information takes place in the competition of the cast in accordance with the provisions of article 57 of the first, second, fourth and fifth part.
(2) the exchange of information and the storage is carried out so that all the data that the contest, participants pass the public service provider, would be protected, and the jury familiar with the contents of plans and projects only after the date of expiry of the deadline.
74. article. The selection of participants and the jury selection throwing contest (1) organizing methods, make the public service a tendering procedure according to the requirements of this regulation.
(2) if the membership of the cast in the contest is limited to a certain number of participants, the public service will establish clear selection criteria, which do not give rise to potential participants. In any case the number of candidates invited shall be sufficient to ensure adequate competition.
(3) the jury of the competition is the only natural persons who are independent of participants. If the cast of contestants are asked a certain qualifications, at least one third of the members of the jury must be of the same or equivalent qualifications.
75. article. The jury's decision (1) the jury is independent in its decisions and views.
(2) the jury valued participants in the plans and projects submitted by anonymous, only on the basis of the tender notice of cast those criteria.
(3) the jury recorded in all activities and draw up a report on the plans and projects as assigned seats. The report signed by all jury members. The report shall also indicate any plan or project benefits, notes, and all the points on which additional information is required.
(4) the jury shall respect the anonymity to the decision or the perspective of the time.
(5) the jury may ask the contestants to answer questions in order to clarify all aspects of the project that remained unclear and recorded in the minutes of meetings of the jury.
(6) all members of the jury and the negotiation protocol.
Chapter XV. Article 76 examination of the complaint. The right to submit complaints (1) the supplier shall be entitled to submit to the procurement monitoring Bureau complaints in the public service in respect of the legality of the procedure for the award of the contract, if it considers that the public service or the responsible organization has not adhered to this procedure of regulatory legislation and thus infringed the supplier's legitimate rights and interests.
(2) a complaint about the first paragraph of this article may submit questions to the conclusion of contracts. After the conclusion of the contract of purchase supplier public service decisions may be appealed to the Court of law.
(3) If the procurement monitoring Bureau complaints have been submitted prior to the conclusion of contracts, the procurement monitoring Bureau informs you about the public service and the public service must not enter into a procurement contract without complaints Commission decision that allows them to do so.
(4) the complaint on technical specifications public service provider may submit at least six working days before the expiry of the time limit for submission of tenders. If the public service within two working days after receipt of the complaint do not resolve violations in the complaint or has not provided a written response to the complainant, the complainant before expiry of the time limit for submission of tenders may make a complaint to the procurement monitoring Bureau.
(5) the procurement monitoring Bureau will not accept a complaint if the procedure for the award of the contract in respect of the same subject and on the same basis had already been submitted and considered the complaint.
(6) if the complaint is submitted to the public service in respect of procedures for the award of the contract and the legality of the complaint on the same procurement procedure before it is submitted by another supplier, but it has not yet examined, those complaints can be combined and considered together.
(7) the complaint shall be submitted in writing, and shall be the following: 1) the name and address of the supplier;
2) in the public service and the name and address of the company complained of;
3) facts on which the complaint, specifying the breach;
4) complainant's claim in respect of this complaint.
(8) the supplier is entitled to withdraw his complaint in writing at any time, as long as the Complaints Commission has started examining the complaint in question.
(9) If a complaint was received, the procurement monitoring Bureau of the Insert Office website on the internet, indicating the supplier, customer and contract award procedure, which challenges the legality of the supplier, as well as the date of the inquiry.
77. article. Complaints handling

(1) the procurement monitoring Bureau complaints generated Commission (hereinafter the Commission) complaints dealt with within one month of its receipt of the procurement monitoring Bureau. If objective reasons this time limit cannot be met, the Commission may extend the term by notifying the applicant.
(2) the Commission shall conclude a contract, if the complaint is not warranted: 1);
2) based, but the Commission has ruled on the measures that the public service must take the causes of complaint, and they are eliminated;
3) justified, but no significant irregularities found and may not affect the decision on the award of the contract.
(3) the Commission prohibits a contract where the irregularities found by the Commission is essential and they can influence the decision about purchase. In this case, the Commission shall decide on the measures to prevent infringements detected.
(4) the Commission shall be invited to the Panel hearing the complaint, the complainant, suppliers, customers and all tenderers or candidates (hereinafter the participants) whose interests might be affected by the decision of the Commission. The Commission invites the participants to the Panel hearing the complaint at least three working days before the meeting.
(5) the Commission consulted all the members present. After the hearing, the Commission members continue to work without the presence of participants.
(6) the Commission shall assess, on the basis of the complaint, the complainant and the Member of the facts presented, the public service and expert opinion explanation or opinion. If the parties have not come to the hearing of the complaint, the Commission shall examine the complaint on the basis of the facts available to it. The Commission shall take a decision and three working days after the decision sends it all sitting members.
(7) Commission decision shall specify: 1) the establishment of the grounds;
2) members of the Commission and the experts who participated in the meeting of the Commission;
3) the complainant, the public service and the representatives of the parties who participated in the meeting of the Commission;
4 the procedure for the award of the contract) identification number complained of;
5) facts on which the complaint, and the complainant's claim;
6 the grounds of the decision);
7) appropriate legal provisions;
8) for the public service obligation and the period within which it enforceable, if the Commission decides on the measures to the causes of the complaint;
9) allows public service provider enter into contracts or exercise of public service provider to terminate the purchase procedure;
10) where and what time period this decision can be appealed.
(8) the Commission shall be recorded in the progress of the inquiry and 10 years keep records and collected during the inquiry.
(9) the procurement monitoring Bureau sends the corruption prevention and combating Bureau all received a copy of the complaint.
Chapter XVI. Statistical reports and responsibilities article 78. Statistical report every year to 1 March public service provider procurement monitoring Office submits reports on each made under these rules of procedures for the award of the contract, stating the number of contracts, the amount, the operator works, item vendors, service providers, as well as the total value of the contracts, which should not be assigned in accordance with the requirements of those provisions only because the contract price is lower than the limits of the provisions referred to in article 27 of the contract price.
Article 79. Responsibility for non-compliance with the provisions of this regulation and the resulting regulatory compliance is the responsibility of the public service manager or Department Manager or other authorized person in the public service is responsible for the works, supply or service contract preparation or conclusion.
80. article. Loss recovery if the supplier considers that the public service has violated these rules and violating the interests of the vendor, thus causing losses to the supplier, the supplier is entitled in law to go to court to recover the loss.
Transitional provisions 1. Regulations shall enter into force by 1 May 2004.
2. With the entry into force of this provision invalidates the law on works, supplies, rental and services public service business needs "(Latvian Saeima and the Cabinet of Ministers rapporteur, 1999, no. 24).
Informative reference to European Union directives, the regulations include provisions resulting from: 1) of the European Parliament and of the Council of 31 March 2004, Directive 2004/17/EC coordinating the procurement procedures of entities operating in the water, energy, transport and postal services;
2) Council of 25 February 1992 Directive 92/13/EEC coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors.
Prime Minister i. Emsis Finance Minister o. Spurdziņš Editorial Note: rules shall enter into force on 1 May 2004.