The Saeima has adopted and the President issued the following law: public procurement law chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1 the applicant engaged subcontractors) or turn the hired person who performs work or services for the execution of contracts; 2) life cycle — all the consecutive and interlinked stages, which includes above all research and development, production, sale and its conditions, transport, use, maintenance, which apply to all goods or construction or service of the time of acquisition of raw materials or resource production to waste disposal, decommissioning and the termination of the service or use; 3) open competition — procurement procedure in which all interested suppliers may submit tenders; 4 centralised procurement authority) — the client who meets one of the following characteristics: (a) purchasing goods or services) other subscribers or the public service needs, (b) purchases or purchase) the procedures for the conclusion of a purchase contract or other agreement of general contractor or the public service; 5) dynamic purchasing system: a common and widely available on the market for the purchase of goods used for completely elektronizēt process, which is limited in time and open to all suppliers who meet the selection requirements; 6) electronic auction — an electronic process that repeatedly shown are the downward price or a specific part of the offer of the new values and allowing you to line up deals, using automatic evaluation methods; 7) electronic channels — features applied to electronic communication network, received, or sent for data processing (including digital compression) and storage of data transmission, as well as electronic communications networks;
8) procurement identification number — a sign that includes the customer's name, the abbreviation (the first capital letters), the year and the purchase order number in ascending order. Purchase ID number, part of the end of the Subscriber may also specify other information; 9) procurement contracts, public works, supply or service contracts that financial interest concluded in writing between one or more subscribers and one or more suppliers; 10) purchase nomenclature (CPV) — the European Union approved the nomenclature applicable to public procurement; 11) procurement procedures document, any document which is prepared or the Subscriber to describe or identify the purchase or procurement procedures, including the notification of Treaty, notification of changes or additional information, technical specifications, the descriptive document, draft contracts, procurement regulations and additional documents; 12 innovation partnership) — procurement procedure in which all interested suppliers may claim the right to participate in, but offers only candidates may be submitted by the customer shall invite, and applied to create long-term partnerships for innovation a new innovative product, service, or the development and construction for future acquisitions; 13) candidate — a supplier who participate in a closed competition, the negotiations of the tender procedure, the negotiated procedure, competitive dialogue or partnership in innovation to offer; 14) competitive dialogue procurement procedure, in which all interested suppliers may claim the right to participate in, but offers only candidates may be submitted by a Subscriber invited to apply when it is not possible to obtain customer needs offers an open or closed competition, and which is in negotiations with the selected candidates to identify and describe the features that best suit your needs; 15) tendering procedure the negotiations — the procurement procedure, in which all interested suppliers may claim the right to participate in, but offers only candidates may be submitted by a Subscriber invited to apply when it is not possible to obtain customer needs offers an open or closed competition, and which is designed to give applicants the option of negotiations to improve the content of the tenders according to the customer's needs; 16) common technical specification: a technical specification in the area of information and communication technologies, established in accordance with the European Parliament and of the Council of 25 October 2012 to Regulation No 1025/2012 on European standardisation, amending Council Directive 89/686/EEC and 93/15/EEC and European Parliament and Council Directive 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC and repealing Council decision 87/95/EEC and European Parliament and Council decision No 1673/2006/EC article 13 and 14; total contract price: 17) for the execution of the purchase agreement, including any applicable taxes, excluding value added tax; 18) Matt contest — a procedure that enables the Subscriber to get fired or plan [mostly urban and any other spatial planning, architecture, construction or processing of the data (including the information system)], which the jury found to be the best; 19) Subscriber: the person or public body, the society of which all members are principals, Foundation, whose founders are all principals, as well as a private-law legal person who meets all the following criteria: (a)) is established or works to meet the needs of society, which are not of a commercial or industrial nature, b) is in the public or its institutions subordinated to or affecting or casting these criteria an appropriate private law legal persons in the decisive influence (this effect is manifested as a majority of the voting rights monitoring bodies or the election of the members of the Executive or appointment of management) or private law legal persons operating in more than 50 percent funded by a public entity, its institutions or other matching these criteria a private-law legal person; 20) research and development — all transactions that are associated with fundamental and industrial research and experimental development; 21) tender security — procurement documents for payment of the amount of money specified in the customer account, bank guarantee or insurance company for a certain amount of money that the applicant together with the offer shall be submitted to the customer as collateral under the offer; 22) supplier: the natural or legal person or by the Subscriber, such Association of persons in any combination, which offers a market to make the works, to supply goods or services; buyer profile: 23) online publicly available Subscriber tīmekļvietn or national electronic information system for the receipt of tenders and applications that the customer inserts the information on calls for tenders on the planned purchases, contracts concluded, procedures, as well as the discontinued other legislation specific to procurement-related information; 24) applicant: the supplier who has submitted a tender; 25) publication management system — procurement monitoring Office tīmekļvietn available in the procurement monitoring Bureau of the State in the information system, which provides the preparation and submission of procurement monitoring Bureau or publishing it in tīmekļvietn, in accordance with the laws and regulations of the prepared and submitted to the procurement monitoring Bureau or its tīmekļvietn to be published, and which contains information on persons for violations of public procurement and public-private partnerships in the area of the appropriate administrative penalty — a ban to occupy the post of national officials; 26) public works contracts — purchase agreement, which is the subject of this Act listed in annex 1 of the works, or both the design and the construction works referred to in annex 1, or create or shipbuilding, construction design and construction, or construction via any means, according to customer's requirements. Construction of this law this law is total 1. results of the works referred to in the annex, which is enough to build could provide an economic or technical function; 27) public service agreement — procurement contracts, which have as their object the provision of services, other than those referred to in annex 1 of this law; 28) public supply contracts, the purchase contract the object of which is the purchase of goods, purchase, rent, hire or hire-purchase. On public supply contract is considered a contract the object of which is the supply of goods and not the essential part is the building or installation of the goods; 29) — the public service the public service public service procurement legislation grasp; 30) the negotiated procedure-procurement procedure, in which the Subscriber without prior publication of a contract notice, consult with suppliers of its choice and with one or more of them will hold negotiations on the terms of contracts; 31) closed competition — purchase a procedure in which all interested suppliers may claim the right to participate in, but offers only candidates may be submitted by a Subscriber invited; 32) technical reference: any European standardisation institutions approved the document, drawn up in accordance with market needs, custom procedures, with the exception of the European standards; 33) General Agreement — an agreement between one or more subscribers and one or more suppliers, the purpose of which is to identify and characterize the lockers during the procurement contracts and to lay down rules, under which they will be closed (in particular with regard to price and, where appropriate, the quantity envisaged); 34) green procurement — the movement of goods, services and works contracts, of which the impact on the environment, their life cycle is less than goods, services and works with the same purpose of use, purchased without applying green procurement principles. 2. article. The purpose of the law this law aims to ensure: 1) procurement transparency; 2 supplier of free competition), as well as equal and fair treatment; 3) effective use of the resources of the client, reducing the maximum risk. 3. article. Exceptions to the application of the law (1) this law shall not apply if the customer contracts for the switch: 1) land, existing buildings or other immovable property or lease purchase or other acquisition of the right to such real estate to any financial means; 2) broadcast material acquisition, development, production or co-production for the digital audio and audiovisual media services, if the contract is awarded to electronic media, or contracts for the transmission or broadcast, which awarded to electronic media; 3) arbitration services and services that are provided for conciliation; 4) document validation services provided by notaries; 5) legal services, who shall be appointed by the Court or the providers which providers external to the laws under the supervision of the court assigned to perform specific tasks; 6) legal services related to the exercise of public authority; 7) financial services related to securities or other financial instruments to the issue, purchase, sale or transfer, Bank services and operations undertaken by the European financial instrument for stability and the European stabilisation mechanism; 8) loans, whether or not related to the securities or other financial instruments of the issue, sale, purchase or transfer; 9) individual services under employment contracts; 10) service of civil protection, civil security and disaster prevention, which provides foundations or associations, unions and covered any of the CPV codes: 75250000-3, 75251000-0, 75251100-1, 75251110-4, 75252000-7, 75222000-8, 98113100-9 and 85143000-3, except with the patient transportation-related emergency medical services; 11) public transport services, which are provided via rail or Metro; 12) services provided to other subscribers or subscribers, under external regulations, has exclusive rights to provide the relevant service. (2) this law shall only apply to public service contracts for research and development services that CPV code is from 73000000-2 to 73120000-9, 73300000-5, 73420000-2 and 73430000-5, if the following conditions occur simultaneously: 1) benefit from the results of the service provided will benefit only the client that these results will be used exclusively for their own needs; 2) Subscriber to fully pay for the service provided. (3) this Act does not apply to: 1) purchasing, to ensure public service procurement law, 3., 4., 5., 6., 7. the actions referred to in article areas specified in these articles; 2) procurement, identified as exceptions to the public service Act does not purchase; 3) the universal postal service provider purchases. (4) this Act does not apply if the public service contract concluded for: 1) the provision of value added services related to electronic funds and provided only by these means (including the secure transmission of coded documents by electronic means, the electronic mail address management services and transmission of registered electronic mail); 2) financial services, covered by the CPV codes from 66100000-1 to 66720000-3 and which include money orders by mail and postal giro transfers; 3) philatelic services; 4) logistics services (services that includes both the physical delivery of shipments and storage or delivery or storage only with other features not related to postal services). (5) this Act does not apply to procurement contracts concluded whose main purpose is to provide or operate customer maintain public electronic communications network or one or more Subscriber provides to the publicly available electronic communications services. (6) this Act does not apply if the purchase contracts are concluded according to other rules of procedure and awarded according to: 1) international agreements, European Union laws and European Union Member States entered into with one or more States which are not members of the European Union, or the administrative units concerning the works, supplies or services in connection with the agreement signed by the country's participation in a common measure or its result. The Subscriber of any such agreement shall be notified to the European Commission; 2) the particular procedure of an international organisation; 3) international organizations or international financial institutions a special procedure if the relevant purchase fully financed the organization or institution. If an international organization or international financial institution finances the purchase of at least 50 percent, then the parties agree to the procurement procedures are applicable; 4) international agreement related to the deployment of troops and the concerns of the Member States of the European Union, suppliers or vendors of a country which is not a Member State of the European Union. (7) this law shall not apply to the supply, services and works, corresponding to the area of defence and security procurement, article 3 of the law. (8) this Act does not apply where the application would harm essential national security interests. An essential national security interests in a case decided by the Cabinet of Ministers. The basis of application of this derogation is neither urgency nor protected information itself, if its protection can ensure procurement procedures under this Act or in the area of defence and security procurement regulatory laws. (9) this Act does not apply if the Cabinet under external regulations, information on the implementation of the contract or determined to be State secrets. 4. article. Contracts between the principal (1) this Act does not apply to the person in the works, supplies or services that meet all of the following characteristics: 1) it is in the control of the Subscriber in the form of a right to influence the actions of the person controlling the strategic objectives and decisions, or control of a person that is controlled in this way to the Subscriber. 2) more than 80 percent of its activities constitute the specific tasks of controlling the customer or any other person that the principal controlled; 3) it is not a direct participation of private capital, except for the private capital participation, which according to the commercial law regulating laws and Treaty on the functioning of the European Union do not include the right to influence and control over the decisions and do not have a decisive impact on it. (2) this Act does not apply if the first paragraph of this article, the features of the person under control, which is also a Subscriber, assign a purchase contract to the client or their controlling another person, located in the control of the controlling customer of the first subparagraph of paragraph 1, if the person is granted a purchase contract, there is no direct participation of private capital, excluding the participation of private capital in the form of According to commercial law, regulatory laws and the Treaty on the functioning of the European Union do not include the right to influence and control the person's decisions and not having a decisive impact on it. (3) this Act does not apply to the persons in the works, supplies or services that meet all of the following characteristics: 1) it is in a number of joint control of the Subscriber in the form of a right to influence the actions of the person controlling the strategic objectives and decisions; 2) more than 80 percent of its operations for a specific tasks jointly controlling principals or other customers of the controlled person referred; 3) it is not a direct participation of private capital, except for the private capital participation, which according to the commercial law regulatory laws and the Treaty on European Union the transaction does not include the right to influence and control over the decisions and do not have a decisive impact on it. (4) the third part of this article the meaning of person is more common in the control of the Subscriber, if: 1) controlled by the governing bodies of the person is made up of representatives of all customers (some representatives may represent several or all participating subscribers); 2) all customers have the right to jointly controlled entities affect the strategic objectives and actions; 3) controlled person shall operate in the interests of the client. (5) this Act does not apply to procurement contracts concluded between two or more subscribers, if all the following conditions are met: 1) with the purchase contract is created or implemented the cooperation it competence in the provision of public services; 2) cooperation is implemented in the public interest; 3 participating customers) open market provides a public service, the provision of which the implementation of cooperation, the share is less than 20 percent. (6) in order to determine the first part of this article, in point 2, the third subparagraph of paragraph 2 and paragraph 3 of the fifth part of the activities in the percentages, take into account the average financial performance or any other action related to the relevant index (for example, to control people or customer service, supply and works) for the last three years before the purchase contract award. If the controlled person or Subscriber has been created or started operations after the period or the reorganisation of the financial turnover of the data or the operation of the relevant indicators are not available or no longer current, steps shall be demonstrated using commercial forecasting methods. 5. article. The application of the procurement procedure, the principal shall not apply the exceptions in this Act procurement procedures, if the estimated contract price the contract of purchase is less than the purchase contract for the Cabinet's contract price thresholds laid down and if it is closed on: 1) supplies or services that provide public services, making public service procurement law, 3., 4., 5., 6., 7. the actions referred to in article areas specified in these articles; 2) printed matter, electronic edition, the handwriting and other procurement documents library volumes, or educational and research processes in educational institutions, as well as the State or the University created the scientific authorities; 3 muzejisk subject) this Museum purchase volumes that have artistic, cultural, scientific or Memorial value; 4) purchases abroad by foreign economic missions, Ministry of Internal Affairs and its subordinated institutions, as well as the national armed forces units participating in international operations and international training; 5) supplies and services private law legal persons fully financed research and development contracts for the execution of the State or the universities create scientific institutions, registered in the register of scientific institutions, if these supplies and services fully reimbursed from the funds received for the research and development agreement; 6) material, reagent and component delivery experiment, mock and prototype development of a State or University scientific institutions, registered in the register of scientific institutions, if these materials, reagents and components need, their parameters, or the quantity determines the research or development process; 7) scientific article published in scientific periodicals or other scientific publication and paid for it or for the scientists to compensation from the State or the universities created a scientific authority, the scientific institutions registered in the register; 8) vendor services to attract University students from countries that are not Member States of the European Union; 9) professional and expert services, that are required for the performance of the activities of the criminal investigation; 10) supplies, services or works, which bought the Latvian diplomatic and consular representations in their function, if the purchase agreement is executed by the representations in the country of accreditation or other country where accredited head of mission, regardless of the supplier's registration or the country of residence; 11) supplies, services or works, which bought the State joint stock company "national real estate" to manage his or her management of the transfer of the foreign real estate, if the purchase agreement is executed property location country; 12) the European Commission's scientific expert database or other scientific experts registered in the database of experts in the field of research and development related to research and development project submission or the initial scientific assessment of such projects the intermediate or the results achieved, if the attraction of experts determines the Cabinet's legislation on the implementation of the funds and programmes financed from the State budget or the budget of the European Union as well as the implementation of schemes and instruments, created jointly with the Member States; 13) travel agency services, covered by the CPV code 63510000-7; 14) significant strengthening of civil consciousness in the implementation of measures contributing to the protection of the interests of national security, if the purchase is carried out directly by the managing authority and of the application of this derogation are ruled by the Cabinet of Ministers; 15) expert services provided by universities or colleges, or field of study, the Evaluation Committee or the Studio program Licensing Commission; 16) authors, composers, sculptors, entertainers and other individual artists services, covered by the CPV code 92312200-3, and artistic and literary creation and interpretation services, covered by the CPV code 92310000-7; 17) State President's Office, the parliamentary administration and Ministry of Foreign Affairs organized a delegation of foreign State, official, working visits, if delegations led by foreign Presidents, Vice-Presidents, Parliament leaders and their deputies, the Prime Minister and the deputies, ambassadors, Foreign Ministers and their deputies, heads of international organisations or if the delegations are staying in Latvia by the President, the Chairman of the Parliament, the Prime Minister or the Minister of Foreign Affairs, the official invitation, the importance of international and national measures to provide the necessary services covered by the CPV codes 55300000-3, 55100000-1 and 60170000-0. Article 6. Contracts, which are more than 50 percent funded by the client (1) this law shall apply to the contract if: 1 the execution of the works contract) more than 50 percent of the contract price directly financed by the Subscriber and this contract estimated contract price is equal to the contract price of the Cabinet of Ministers set out limit values or greater, and this agreement applies to the specialized construction works according to the annex 1 of this law, as well as to sport, recreation and medical treatment for buildings , hospital, school and administrative building construction; 2) service agreement execution for more than 50 percent of the contract price directly financed by the Subscriber and this contract estimated contract price is equal to the contract price of the Cabinet of Ministers set out limit values or greater, and this contract is connected with a works contract pursuant to paragraph 1 of this article. (2) if the customer who financed the first part of this article 1 and referred to in paragraph 2, the performance of contracts, not even the ensures contract award or contract awarded to another person or the name, it provides for the award of contracts in compliance with this law. 7. article. Other projects financed by the principal (1) if the customer from its own funds or from the policy instruments of the European Union or other foreign financial assistance and national co-financing funds financed by the performance of the contract, which is not mentioned in article 6 of this law, procurement procedures and the procedures for their implementation, as well as those which apply to these procedures shall be determined by the Cabinet of Ministers. (2) the first part of this article shall not apply to funds that are awarded as compensation. The meaning of this part of the compensation is the amount of money charged at a specific rate and are issued as consideration for a particular purpose. 8. article. Procurement procedures and their application (1) are the following: 1 the procurement procedure) open tender; 2) closed competition; 3) tendering procedure with conversation. 4) competitive dialogue; 5) innovation partnership procedure; 6) negotiation procedure. (2) the customer is entitled to hold a casting contest, if the estimated contract price is € 10 000 or more. Throwing contest held as part of the procurement procedure, the result of which is assigned a public service contract, or as a separate contest for awards or payments to the participants. Matt tender procedures shall be determined by the Cabinet of Ministers. (3) the cabinet shall be established with a procurement procedure and methods of tendering the related rules, in so far as it does not regulate this law: 1) procurement procedures and ran to tender procedures and rules of application; 2) application, supply and the minimum time limit for the submission of the mourners and their eliminations; 3) where the Subscriber is not obliged to use electronic information system application, offer, or their components; 4) procurement procedures and took the contest regulations; 5) procurement procedures and techniques for competitive cessation and termination of rules; 6) procurement procedures and the methods of notification of the results of the competition rules; 7) procurement and tender documentation of the methods and rules and procurement procedures and took the contest the content of a message; 8) publication of notices; 9) dynamic purchasing system. (4) this Act applies to the first part of this article the following procurement procedures, if a public supply contract or a service contract, the contract price is 42 000 euro or more and a public works contract contract price is 170 000 euro or more. (5) article 17 of this law in the seventh and eighth in the cases referred to in the client shall procure goods and services from a centralized procurement bodies or through it without applying the first part in a procurement procedure or the 9 and 10 of this Act, the provisions of article. (6) a tender procedure for the negotiation and dialogue, a Subscriber is entitled to apply if: 1) customer needs can be met without adjusting the market already available solutions; 2 purchase contract includes the design) or innovative solutions; 3) procurement contracts may not be awarded without prior consultation, special circumstances relating to the nature of the purchase, or the complexity of the legal and financial framework, or the risks associated with them; 4) cannot sufficiently accurate subscriber to prepare technical specifications, referring to the standards, European technical assessment, common technical specifications or technical references; 5 open or closed) are submitted to the procurement procedures laid down in the documents irrelevant tenders or bids exceed the procurement documents specified the expected contract price, or offer recognised as unfounded or cheap offers are submitted after the expiry of the time limit for submission of tenders, the tenderer or candidate does not comply with the procurement procedures set out in the documents of qualification requirements. This procedure can be applied without publication of a contract notice, if the negotiations are invited only those applicants who meet in an open or closed competition qualifications laid down requirements which are not excluded from participation in a procurement procedure and which submitted tenders in an open or closed competition within the period for the submission of tenders. (7) the procedure for the Subscriber is entitled to apply if: 1) open or closed tender, tenders or applications have been submitted or are submitted to the contracts that do not match the offers that without substantial amendments do not comply with the procurement procedures set out in the documents or submitted inadequate qualification and procurement to be excluded from candidate applications and are not substantially changed the original purchase contract execution. At the request of the European Commission the client to transmit the report of the procurement procedure; 2) works, supplies or services can only be provided by a particular vendor in any of the following cases: (a) purchase) goal is to create or purchase a unique work of art or artistic performance, b) there is no competition for technical reasons, c) required to comply with exclusive rights, including intellectual property rights protection; 3) unforeseeable exceptional subscriber conditions in an objective situation in which, for reasons of extreme urgency, it is not possible to apply the open competitions, closed competitions or the tender procedure with the negotiations. These circumstances justifying the emergency situation, must not be dependent on the Subscriber; 4) required items are specially made for research and trials. This provision does not apply to the production of goods to outlets for research or research and experimental costs; 5) the client requires additional supply from the original supplier of the goods (the manufacturer) to supplement or partially replace the existing goods or equipment because by choosing other goods suppliers (producers), the Subscriber should buy goods at its technical characteristics, different from the already existing goods, and such difference would result in incompatibility or technical difficulties of significant trade or plant maintenance and operation. Such contracts, as well as that of recurrent contracts transactions shall not exceed three years; 6) purchase the object of the contract is the supply of goods are quoted on and which the customer buys stock; 7) has the option to purchase goods or services with a particularly advantageous terms from a supplier which terminates its business operations, or the liquidator, who carried out the liquidation of the supplier, or from the administrator, who shall hold the property of the bankrupt supplier's warehouse in accordance with the regulations; 8) public service contracts shall be closed with a sketch contest winner or one of the winners of the contest and took action in accordance with the requirements of the law. If the casting contest winners, certainly more all the winners invited to negotiate; 9) purchase contract is repeated as a result of the procurement procedure, previously entered into a purchase agreement for the carrying out of works or the provision of services that are trusted for this Treaty to the performers and the necessary works or services are in conformity with the above conclusion on the results of the procurement procedure, contracts underlying the project. This provision applies where the customer first project bidding documents, determining the expected contract price, had foreseen recurrent procurement contracts, the total works or service expected value and the conditions for granting them. The negotiated procedure may be applied within a period of three years from the original purchase date of conclusion of the contract. (8) the seventh subparagraph of this article, paragraph 2 "b" and "c" above mentioned exceptions is applicable only if no reasonable alternative or substitute and if the reason is a lack of competition in the purchasing requirements. (9) the right to conclude a purchase contract, which has two or more purchase (works, services or supplies), granted in accordance with the rules applicable to this procurement, which represents the main subject matter of the procurement contract. Purchase contracts the object of which in part includes in annex 2 of this law the services and other services or partial services delivery, and the main subject and the applicable procurement procedure is determined by where a service or supply the estimated contract price is the highest. (10) if the purchase contract is purchase subject to this law and the procurement that is not covered by this law, and in different parts of the purchase is objectively separated, the Subscriber is entitled to apply to each part of the legal framework or to close an undivided procurement contracts and apply this law. If the purchase contract part is objectively separated, the applicable legal framework determined by the contracts the main subject of this article, except for the thirteenth, part of the event. (11) if the purchase contract is purchase covered by this law, and it also includes elements of the concession contract, a purchase contract is awarded in accordance with this law, if its purchase of part of the contract price to which this law applies, is equal to the contract price of the Cabinet of Ministers set out limit values or higher. (12) if the purchase is the subject of the contract and procurement covered by this law and the procurement, be made to carry out the activities covered by the public service provider procurement regulatory legislation, the rules applicable to such purchase contract award, shall be determined in accordance with the public service procurement law article 8 and 9. (13) if the purchase is the subject of the contract and procurement covered by this law and the procurement covered by the defence and security procurement regulatory legislation, and if the client has decided not to close a shared procurement contracts (decision to close full procurement contracts do not adopt to avoid this law, or in the area of defence and security procurement regulatory application of law), the legal framework applicable to the following characteristics shall be determined on the basis : 1), where a portion of the purchase contract within the scope of the Treaty on the functioning of the European Union article 346, procurement contracts may be awarded without applying this law, if a single procurement contract award objective reasons; 2), where a portion of the purchase contract applies in the area of defence and security procurement law 3 the first paragraph of article 2, paragraphs 3 and 4, the purchase contract may be granted according to the defence and security procurement regulatory laws, if not shared the award of the contracts objective reasons. (14) if the purchase agreement meets both the thirteenth part of this article paragraph 1 and paragraph 2, the client applies the thirteenth part of this article paragraph 1. 9. article. The purchase, which does not apply this statutory procurement procedures (1) If a public supply contract or a public service contract estimated contract price is € 10 000 or more, but less than the 42 000 euros and a public works contract estimated contract price is 20 000 euro or more, but less than 170 000 euro, the customer is purchasing in accordance with the procedure laid down in this article. (2) the customer purchases in the preparation of this law shall apply article 18, first subparagraph. Subscriber acquisition in the preparation of this law may apply article 18, second and third. (3) to make the Purchase the client creates a purchase Commission in accordance with article 24 of this law. On purchase actions of the Commission under this Act, the provisions of article 25. Procurement Commission adopted a decision in article 26 of this law. (4) the procurement Commission shall prepare in accordance with the procedure laid down in this article is to procurement rules. Charter include: 1) reasonable and objective requirements for purchase of items, taking into account the law 20, 21 and 22, and ensuring that these requirements do not place an unreasonable restrictions of competition; 2) requirements for applicants in the light of this law, 13, 44, 45 and 46; article. 3) where the applicant is excluded according to this article the eighth part, or a reference to the exclusion of the applicant under the eighth part of this article; 4) tender security requirements, if any, provided for enforcement of liability, if any, provided for in the light of article 50 of this law; 5) bid evaluation criteria, in the light of this law, article 19 and 51; 6) information protection rules, if necessary, in the light of article 14 of this law, the first paragraph; 7) procurement contracts; 8) other provisions. (5) it is not permitted to require that the offer is included in the composition of a particular procurement started, which is the object of copyright or deemed partial service performance. (6) the customer to purchase advertising and publication management system shall be published in the notice of the planned agreement, setting the deadline for the submission of tenders, of not less than 10 days (not including the country official holidays) from the date of publication. A subscriber to this day of publication of the notice on its buyer profile procurement regulations and provides free and direct access to it. If the supplier has requested more timely information about purchase requirements included in the Statute, it provides the client within three working days, but not later than four days before the expiry of the time limit for submission of tenders. Additional information the client sends the vendor who asked her a question, and puts this information at the site, which is accessible in procurement regulations, including the FAQ. Subscriber acquisition-related exchanges of information provided under article 38 of this law. (7) the expiry of the time limit for the submission of tenders, purchase the Commission shall assess the tenders submitted, the applicant made the selection, and choose one or more offers, pursuant to article 41 of this law. (8) the principal applicant, who should be granted the purchase contract, be excluded from participation in the purchase of any of the following cases: 1) declared insolvency proceedings by the applicant (except where the insolvency process is applied to the renewal of solvency of debtor facing the campaign), suspended its economic activity or goes into liquidation; 2) has found that the period for the submission of tenders in the last day or the day of adoption of the decision on the possible purchase of the contract award, the applicant in Latvia or the State in which it is registered or has its habitual residence is the tax debt, including State social security payment of debts, which total more than 150 in one of the countries of the euro. With regard to Latvia and registered applicants resident customers take into account information that is inserted into the cabinet within the information system of the State revenue service's public tax debtor database and real property tax administration system-last data update date; 3) procurement procedures document preparer (principal officer or employee), Member of the Commission or purchase expert is related to the applicant, article 25 of this law, the first and second parts of the meaning or are interested in a particular tenderer, and the customer is not possible to resolve this situation with less restrictive measures of the applicant; 4 the applicant's designated person), which features the applicant relies to show that the qualifications meet the requirements of the notice of the planned agreement or procurement rules, as well as to the members of the partnership, if the applicant is a partnership, apply this part 1, 2 and 3. (9) in order to verify whether the applicant can not be excluded from participation in procurement in the eighth part of this article 1, 2, or 4. circumstances referred to in paragraph 1, the Subscriber: 1) in the case of registered in Latvia or the resident applicants, and this article is the eighth part of the persons referred to in paragraph 4, with the Cabinet of Ministers established the information systems, the Cabinet of Ministers in the order: (a) collect information on this article) the eighth part referred to in paragraph 1 of the facts — from the enterprise register for this article, b) eighth part, paragraph 2 of the facts — from the State revenue service and Latvian municipalities. The principal relevant information from the State revenue service and the local governments of Latvia is entitled to, without requiring the applicants and the eighth subparagraph of this article, paragraph 4 of the consent of the person concerned; 2) for foreign registered or resident of the applicant and the eighth subparagraph of this article, paragraph 4 of the persons referred to in the request, the applicant shall submit to the competent institution a certificate testifying that on it and this article is the eighth part of the persons referred to in paragraph 4 of this article does not apply in certain cases eighth. The deadline for submission of the certificate the Subscriber set not less than 10 working days after the request is issued, or the date of dispatch. If the applicant is not made within the time limit referred to in the certificate, the Subscriber to the exclusion from participation in procurement. (10) depending on the appropriate parts of this article ninth paragraph 1 b (a) to review the results of the Subscriber: 1) does not preclude the applicant from participation in procurement, if it finds that, in accordance with Cabinet of Ministers within the information system of the information to the applicant and the eighth part of this article, paragraph 4 of the person is not a tax debt, including State social security payment for debt, which totals more than 150 euro; 2) inform the applicant of the fact that, according to the State revenue service's public tax debtor database or real property tax administration system-last data update dates set by the Cabinet of Ministers information system the information contained in it or the eighth part of this article 4 the person referred to in the submission of tenders in the last day or the day the decision on the award of the contract, has tax arrears including the State social insurance compulsory contribution debts, which total in excess of 150 euro, and set a time limit — 10 days after the issue of the information or shipping days — to which the evidence submitted that the applicant for the submission of tenders in the last day or the day of adoption of the decision on the possible purchase of the award of the contract, was not a tax debt, including State social security payment for debt, which totals more than eur 150. If the deadline is not the proof submitted, the customer is excluded from participation in procurement by tenderers. (11) the applicant to demonstrate that it, and the eighth subparagraph of this article, paragraph 4 of the said person was not a tax debt, including State social security payment for debt, which totals more than 150 euro in Latvia, the tenth part of this article referred to in paragraph 2 shall be submitted within the time limit: 1), the persons concerned or its representative, a certified printout from the State revenue service electronic declaration system or the State revenue service inquiries about it that the person concerned was not the tax debt, including State social insurance contributions receivable; 2) authorities to issue a certificate that the person concerned was not the real estate tax debt; 3) until the deadline for the submission of tenders or the last day of the date of the decision on the possible purchase of the award of the contract, a copy of the decision of the State revenue service or local competent authority issued the decision on tax payment extension or suspension or a copy of an agreement with the State revenue service on tax debt, or other objective evidence of the absence of tax arrears.
(12) if any document abroad, established or resident in the applicant can demonstrate that this article does not apply to it the eighth case is not provided or issued with these documents is not sufficient to demonstrate that the the applicant is not the subject of this article to set the eighth case, these documents may be replaced by a sworn or, if the oath at the national laws do not provide, own or of the applicant, with the present article the eighth part of the person referred to in paragraph 4, the competent executive or judicial authority, a notary or a competent jury concerned organization to their registration (domicile). (13) the Commission for the purchase of the purchase of the winning bidder, who recognised the designated procurement rules, according to the requirements and criteria and can not be excluded from participation in procurement in accordance with the eighth. The decision will determine the winner, in addition to all the rejected tenderers and the reasons for rejecting it, all the applicants proposed contract prices and the winner of the applicant's specific comparative advantages in the light of article 14 of this law the provisions of the second paragraph. If the submitted procurement requirements laid down in the Statute irrelevant tenders or not applied at all, purchase the Commission decides to terminate the purchase without result. The client within three working days after the decision to terminate the purchase without results, prepares and publishes publications management system information on the termination of the purchase without results, indicating the date of adoption of the decision and reasons (the information is added to the notification of a planned Treaty), as well as their buyer profile provides free and direct electronic access to this decision.
(14) three working days after the decision, the Subscriber shall inform all tenderers of the purchase of the selected tenderer or tenderers and give them the thirteenth part of this article the decision referred to in the particulars or that decision, as well as their buyer profile provides free and direct electronic access to the thirteenth part of this article in that decision. (15) the principal shall conclude contracts in accordance with article 60 of this law, the first, second, third, fourth and fifth parts of the Commission's procurement requirements the successful tenderer. The Subscriber is entitled to stop shopping and not to conclude the purchase contract, if it has objective justification. The client within three working days after the decision to stop purchasing, prepares and publishes publications management system information about the closing of the purchase, indicating the date of adoption of the decision and reasons (the information is added to the notification of a planned Treaty), as well as their buyer profile provides free and direct electronic access to this decision. (16) the Subscriber ensure procurement documentation, purchase and storage in accordance with article 40 of this law, the first, third, fourth and fifth. (17) ten working days after the conclusion of the purchase contract, the Subscriber shall prepare and publication management system publish informative statement on the conclusion of the contract. (18) within ten working days after the entry into force of the procurement contract or its amendments, the Subscriber in your buyer profile inserts the relevant contracts or amendments, according to the law of the procedures laid down pursuant to the protection of their business secrets. Purchase contract and its amendments, the text is available on the buyer profile at least throughout the purchase contract period, but not less than 36 months after the entry into force of the procurement contract. (19) the amendments to the contracts, which will be concluded in accordance with the procedure laid down in this article, shall be subject to article 61 of this law. (20) the customer is entitled not to apply the provisions of this article, if you closed the law referred to in article 10 contracts, as well as article 19 of this law referred to in the third subparagraph. (21) the Subscriber has the right not to apply this article the sixth and the eighth subparagraph, where: 1) of this Act the purchase complies with article 8, the seventh and the eighth part; 2 above is made for purchase) in this article and in accordance with the procedure laid down in the procurement regulations submitted to the requirements set out in the relevant offer, provided that the purchase contract terms are not substantially different from those provided for in the above procurement procurement contract performance requirements and this purchase are invited to submit a tender only those candidates who have not previously taken off the purchase and was not to be excluded, and meet the designated qualification requirements; 3) above is made in this article in the purchase order and shall not be applied, provided that the purchase contract terms are not substantially different from those provided for in the above procurement procurement contract performance requirements; 4) sworn auditor shopping provides audit services for the annual report audit (inspection). (22) the cabinet shall determine: 1) information system, which is the ninth part of this article in this review, as well as the maintenance and use of this system; 2 this article ninth) part 1 of the test referred to in the information processing objectives and scope; 3) order in which this part of the information referred to in paragraph 1, the system receives information from this article ninth part 1 of the institutions referred to in paragraph uzturētaj of the information systems and processes them; 4) in the sixth paragraph of this article, the notification and referred to in the sixteenth, part information notice and the contents of this statement preparation. (23) the applicant who submits an offer to purchase, subject to the provisions of this article, and who believes that it is infringed or would this delict, is entitled to appeal against the decision of the District Administrative Court of the administrative procedure law within one month from the date of receipt of the decision. Administrative District Court ruling can be appealed in cassation the Supreme Court's Administrative Department. Appeal shall not suspend the decision action. 10. article. 2. This law services referred to in annex a (1) if the public service contract estimated contract price is 42 000 euro or more and the contracts shall be concluded for this law, 2. the services referred to in the annex, the Subscriber may not apply this statutory procurement procedures, with the exception of this law, 13, 14, 19, 20, 21 and 22, chapter III, article 28, second paragraph, and article 32.33, the first article 36 and the third subparagraph , 37, 38 and 39. in article 40, article the first, third, fourth and fifth subparagraphs, article 60 and 61 of the requirements. (2) the customer is entitled not to apply the law to the public service contract, the object of which falls within any of the annex 2 of this law, under "health, social, and related services" CPV codes listed, if the estimated contract price is less than eur 750 000. If the public service contract estimated contract price is 750 000 euro or more, shopping for in the first subparagraph for the procurement procedure. (3) the customer is entitled not to apply this law to a public service contract, which is closed for training practice or study practices, or work environment-based teaching, if the estimated contract price is less than eur 750 000. 11. article. The estimated contract price determination (1) the estimated contract price down to select the type of purchase and the applicable procedure. (2) the estimated contract price determined as a subscriber fee for the planned total purchase contract that the supplier may receive from customers and other individuals. The customer, planning a total consideration, take into account any choice in the purchase contract and any additions, all in connection with the purchase contract Payables taxes (excluding value added tax), as well as prizes and payment amount if the client provides candidates, applicants, competitive dialogue participants, innovation of the partners or the partnership procedure fired contestants grant awards or to pay the charges. If the client consists of separate departments, non-substantive responsibility for the purchases, the expected contract price determined as all planned total payment for performance of the contract of purchase. (3) the estimated contract price shall be fixed, before submitting for publication of a contract notice or, if such notification is not required for publication, before launching a procurement procedure. (4) it is not allowed to split parts of works projects, expected delivery or service to avoid purchasing or procurement procedures the application concerned. The estimated contract price determination is not allowed to use a method that focuses on this statutory non-application of the procurement procedure. (5) the Public works contract estimated contract price is all works or structures, including the total value of the supplies and services contract price, which needed a public works contract and which the customer intends to take or give the works the artist. The client does not add a public works contract for the contract price for the supplies and services the expected contract price, which is not required in a particular public works contracts for the execution of so you can avoid the application of this law, the relevant supply or service contracts. (6) If the potential public works or public services contract can be divided into parts, while closing a purchase contract for each part, the estimated contract price is defined as the sum total of all the parts. The principal of this law shall apply to each part, when the share of the total amount is equal to the relevant article 8 of this law, in the fourth paragraph above contract price thresholds or greater. In relation to those parts, the estimated contract price is less than eur 80 000 for public service contracts and about 1 000 000 euro for public works contracts, the customer is entitled to make a purchase that would apply to this portion of the estimated contract price pursuant to this law, 8, 9 or 10, if the share of the total estimated contract price is less than 20 percent of all part of the total estimated contract price. If the following total estimated contract price is less than eur 20 000 for public works contracts and less than 10 000 euros for public service contracts, the client in respect of such shares shall be entitled not to apply this law. (7) If made buy similar goods while closing more public supply contracts so that they are part of the purchase contract for the estimated contract price is defined as the sum total of all the parts. The principal of this law shall apply to each part, when the share of the total amount is equal to the relevant article 8 of this law, in the fourth paragraph above contract price thresholds or greater. In relation to those parts, the estimated contract price is less than the 80 000 euro, the customer is entitled to make a purchase that would apply to this portion of the estimated contract price pursuant to this law, article 8 or 9, if the relevant parts of the total estimated contract price is less than 20 percent of all part of the total estimated contract price. If the following total estimated contract price is less than 10 000 euros, a Subscriber in respect of the following parts is entitled not to apply this law. (8) the estimated contract price for public supply contracts that provide for lease, lease-purchase or installment-purchase shall be determined as follows: 1) procurement contracts that are subject to time limits: (a)) where their term is 12 months or less, the total contract price as the purchase for the duration of the contract, b) where a period is longer than 12 months, the total contract price as the purchase for the duration of the contract, taking into account the residual value; 2) open-ended contracts or procurement contracts, which may not be as expected, the monthly payment multiplied by 48. (9) if it is closed to the public on a regular basis or in public service supply contracts or fixed period contracts maturity date is extended, the estimated contract price determined by: 1) as the total in the previous 12 months in the previous fiscal year or another other the following contracts of the same type of real value, taking into account possible changes in the volume and value over the subsequent 12 months; 2) as the total in the next 12 months following the first delivery or the next financial year (if it is longer than 12 months) following one another other type of procurement contracts the estimated value. (10) the estimated contract price services by: 1) insurance services as insurance premium payable and other forms of remuneration total amount; 2) banking and other financial services: as a fee for services, fees, interest payable, and other forms of remuneration total amount; 3) public service contracts which involve design, architecture or civil engineering and modeling, as fees for services, commissions and other remuneration the total amount. (11) where a public service contract does not specify the total contract price, the estimated contract price shall be determined as follows: 1) procurement contracts that have a deadline that is 48 months or less, the total contract price as the purchase for the duration of the contract; 2) open-ended contracts or procurement contracts, for a period exceeding 48 months — as expected monthly payment multiplied by the estimated 48. (12) contract price in the General Agreement and the dynamic purchasing system has all the expected procurement contracts total contract price general agreement or dynamic purchasing system. (13) the estimated contract price innovation partnership procedure is the all research and development activity shall be the maximum estimated value at all stages of the procedure and all of the supplies, services or works, the maximum contract price expected to develop during the procedure and then buy. (14) if the cast plans to tender as part of the procurement procedure, the result of which are assigned to public service contracts, the estimated contract price shall be determined taking into account the award or payment of the total amount and the modalities for public service contract estimated contract price. 12. article. Contract price thresholds in article 5 of this law, article 6, first paragraph, point 1 and 2, article 8, the eleventh paragraph, article 33, article 34 in the second and third subparagraphs, article 35 of the fourth subparagraph, article 47, third paragraph of article 48, the third paragraph, the first subparagraph of article 55, article 60 of the tenth paragraph, article 61 of the fifth subparagraph in point 1, the third subparagraph of article 73 paragraph 2 "a", in paragraph 74 of the first paragraph of article 2. 5 and 6 referred to contract price thresholds determined by the Cabinet of Ministers on the basis of the European Union's international obligations in relation to the contract price thresholds that must be followed to the Subscriber. Cabinet of Ministers shall lay down the limit values for the above contract price 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 thresholds. 13. article. General conditions for suppliers (1) the client fails to reject the candidate, tenderer or fired contestants, if the legislation of Latvia does not determine the legal status, but it is entitled to carry out works to deliver the goods or provide the services in accordance with the European Union legislation of the Member State in which it is established. (2) the client is requesting from the candidate, the candidate's or contestant's cast only the information and documents required for qualification and verification of conformity of tenders, as well as the choice of the quotation in accordance with the established criteria of bid evaluation. (3) if it is closed to the public works or public services contract or if a public supply contract also includes the services or goods to the building and installation of the Subscriber from legal entities may require that the application or the tenders for the execution of the purchase agreement, the responsible employee of the name and professional qualification. (4) the Association of Suppliers may submit tenders or to apply for candidates. The customer is not entitled to require these associations organized to determine legal status to them as the applicant submitted a bid or as a candidate — an application for participation in a procurement procedure. (5) the Subscriber may purchase procedures documents to determine how the supplier associations must meet the requirements for economic and financial standing and technical and professional abilities. Requirements must be proportionate and should be determined on the basis of objective reasons. (6) the principal may nominate a different, proportionate and objectively justified conditions supplier associations for the purchase contract. The Subscriber may request the Association to which the decision is taken to close the purchase contract, the choice of a particular legal status, according to the conclusion of public contracts or agreement on the responsibility of members of the Association, if it requires a purchase agreement for a successful execution. 14. article. Information protection (1) the customer may stipulate conditions for the protection of the information, which is passed on to suppliers, together with technical specifications, as well as the time of the procurement procedure. (2) notice of the purchase contract and informing candidates and tenderers, the Subscriber shall not be entitled to disclose the information as a trade secret or confidential information, have the other candidates and tenderers. 15. article. Conditions relating to the World Trade Organisation agreement on government procurement and other international agreements, the customer, in so far as it is set in the World Trade Organization agreement on government procurement and other European Union binding international agreements, apply at least as favourable conditions of the said Contracting works, supplies, services, and suppliers how the European Union works, supplies, services and suppliers. 16. article. Preferential agreements (1) if the expected purchase contract allows it, the Subscriber is entitled to certain groups of people within the measures intended to reserve the opportunity to participate in the procurement procedure, only those candidates or tenderers in mainly (more than 30 per cent of the average annual number of employees) employ persons with disabilities. (2) the application of the first paragraph of this article, notice of contract reference is made to this article. Article 17. The centralised procurement institution purchases and share purchases by the customer (1) centralized purchasing institution can buy goods and services, as well as procurement, conclusion of contracts and general arrangement of the principals and other public service providers, including other customers and public service provider needs. In this case, the centralised purchasing institution as the requirements of this law. Central purchasing body may maintain electronic information system application and the receipt of tenders, as well as to provide advice to customers and suppliers for the use of this system. (2) the client may buy goods and services from a centralized procurement institution or get the works, supplies and services with them. (3) if the customer purchases goods and services from a centralized purchasing or receiving institution works, supplies and services through it, it is considered that it has applied the requirements of the Act, if the centralized procurement by procurement institutions, applied the requirements of this law. (4) the client may buy goods and services from a centralized procurement institution situated in another Member State of the European Union, or get the works, supplies and services with this body, if so, make a purchase, the customer needs to apply to the legislative requirements that comply with European Union law in the area of public procurement. In this case, the customer shall be deemed to have notice of this law. (5) a number of the principals of the various European Union Member States may jointly assign a purchase contract, to conclude the General Agreement or use the dynamic purchasing system. If such provisions are not included in the cooperation of the Member States of the European Union, concluded the international agreement, the principals signed a contract stipulating the rights and obligations of the Parties shall determine which national law is applicable, as well as the organisation of the purchase contract and procurement rules. The rights and obligations of the principal shall also indicate the relevant purchase or procurement documents.
(6) If several customers from different European Union Member States have set up common bodies, including the European grouping of territorial cooperation or other entity under European Union law, customers concerned by the joint decision of the competent institution subject to agree, or applicable Member State public procurement rules, in which the joint entity has its registered office or where the joint entity carries out its activities. (7) the administrative authorities have a duty to the goods and services purchased from Cabinet in certain centralised purchasing through the institution or, if the goods or services fall within the Cabinet of Ministers in certain groups of goods and services and the contractual price within 12 months of the relevant goods or services, the group is eur 1000 or more. This condition does not apply to this article in the tenth part of the event. (8) the municipalities and local authorities have a duty to the goods and services purchased from the centralized purchasing through the institution or, if the goods or services fall within the Cabinet of Ministers in certain groups of goods and services and the contractual price within 12 months of the relevant group of goods or services is € 10 000 or more. (9) in the eighth part of this article, the obligation is fulfilled if the goods and services purchased in any of the following ways: 1) from the Cabinet into the centralized procurement of certain institutions or through it; 2) from one or more local government created the centralized purchase of through the institution or, if the centralized procurement authority ensures the procurement of goods and services the municipality and all its institutions. (10) the municipal and local authorities, in the eighth paragraph of this article and the direct authority of the seventh part of this article, the case may not buy the goods and services concerned from the Cabinet of Ministers in certain centralised purchasing bodies or through it in any of the following cases: 1) direct management or local authorities or municipal needs of the good or service is not able to buy from a central procurement institutions or through the purchase, in accordance with the central authorities published technical specifications; 2) direct Government or local authority or municipality may provide goods or services at lower prices. In this case it one day before the conclusion of the contract of purchase is recorded for centralized procurement of the proposed contract price of the goods and services by printing information about the prices of goods and services from a centralized procurement authorities maintain information system or requesting this information from the centralised purchasing institutions, if the output information system is not supported. (11) the principals can agree on common organisation of individual purchases. If you purchase all of the common tools and on behalf of the Subscriber, even though the purchase is carried out only one of the subscribers, the principals involved are jointly responsible for the implementation of this law. Principals are responsible for only together they purchase parts for all the needs of the client. (12) the cabinet shall determine: 1) of this article, the seventh and eighth in the Group of goods and services; 2) part of this article in the seventh and ninth part referred to in paragraph 1, the institution of a centralized procurement services and conditions of use. Chapter II preparation of the procurement, the procurement procedure for the preparation of documents and the technical specifications of article 18. Information about planned purchase and procurement procedures, consultation with suppliers and tenderers, candidates and previous involvement (1) a Subscriber a month from the day of the annual budget shall be published in the national electronic information system for the receipt of tenders and applications, information about planned this law, article 8, in the second paragraph of article 9 and 10 in order to purchase and procurement procedures, indicating at least the principals, subject of the planned purchase and a link to the buyer's profile that will be available to the procurement documentation, the planned purchase procedure, the planned CPV code, purchase contract, planned purchase advertising year and quarter or month and data updating date. Subscriber information updates as necessary. (2) Before the commencement of the purchase the client can hold a meeting with suppliers to prepare and inform suppliers procurement on the procurement plans and requirements. The Subscriber shall notify the Council of its tīmekļvietn, indicating the subjects to be discussed issues of time and space, the way in which the suppliers can apply to participate in the deliberations, the requirements for consultation of documentation and publication of this documentation. (3) the Subscriber may receive advice from independent experts or authorities or suppliers. These tutorials can be used in the planning and preparation of the purchase if they do not restrict competition and does not violate the principle of equal treatment and transparency. (4) where the candidate or tenderer or a legal person who is related to the applicant or tenderer, consult a contractor or otherwise involved in the preparation of the purchase, the customer shall ensure that the presence of candidates or tenderers in procurement is not restricted competition by giving other candidates and applicants relevant information that was provided, the candidate or tenderer engaging in the preparation, procurement or resulting from such involvement, and determining the appropriate time limit for the submission of tenders. 19. article. Green public procurement (1) the client, preparing purchase, take into account, in accordance with the second paragraph of this article. If not specified, the client shall give priority to the requirements of technical specifications, bid evaluation criteria and procurement contract for the implementing rules which ensure the compliance of the procurement green procurement principles, respecting the principle of proportionality and on the basis of objective reasons. (2) the cabinet shall determine the green public procurement principles, requirements and application procedures, goods, services and construction group, the green procurement requirements, the tender evaluation criteria, the purchase contract enforcement provisions and control arrangements. (3) the customer is entitled not to apply this law, the provisions of article 9, if you closed the purchase contract for the supply of food, so the estimated contract price is lower than the 42 000 euros and the Cabinet of Ministers are complied with the established green procurement requirements for food supplies. 20. article. (1) the technical specifications the technical specifications of the procurement procedure are included in documents and determine the works, services or supplies requirements. Technical specification provides equal opportunity to all applicants and do not create unjustified restrictions to competition in the purchase. (2) Subscriber requirements may apply for the required works, services or supplies or the provision of specific production process or method or to a special process in any other stage of their life cycle, even when such factors not directly related to works, services or supplies, unless they are associated with a purchase contract and is proportionate to the value of the procurement contract, and goals. (3) the technical specifications for public works contracts is a technical description of the aggregation that defines customer requirements for materials, goods, technical equipment or supplies and the materials, goods, technical equipment or supplies to get them, they match the customer's intended purposes. These descriptions include environmental protection requirements, design requirements (including requirements for providing access for persons with disabilities), conformity assessment and performance requirements, safety regulations, quality assurance, terminology, symbols, dimensions, validation rules and methods, packaging, marking, manufacturing processes and techniques in all stages of the life cycle of the works. The technical specifications also include provisions on the inspection and acceptance of works, the requirements for carrying out the works methods and technologies, rules on civil design and pricing, and other technical rules, which meant the principal works or construction in General, as well as materials and articles intended for use in construction. The volume of construction work shall be determined in accordance with the construction plan and includes a list of quantities of the works. Būvizmaks discovery procedures for public works contracts is determined by the Cabinet of Ministers. (4) the technical specifications determined for public supply and service contracts for the required supplies and services requirements. Public service contract in addition to the fixed service objectives, the methods and resources used (if necessary), as well as the final result. Technical specifications for public supply and service contracts, in addition to include technical descriptions that include customer requirements in relation to the goods or service as quality levels, environmental requirements, rules on the reduction of climate change (greenhouse gas emissions) and adaptation to climate change, energy efficiency, design requirements (including requirements for goods or services access for persons with disabilities), performance requirements, service delivery methodologies, product usage requirements , safety rules, measurements, terminology, symbols, testing rules and methods, the requirements concerning the name of the item with which it is sold, packaging and labelling, user instructions, production processes and methods in any product or service life cycle stage, as well as the methods for the determination of compliance. (5) the technical specifications drawn up in one of the following ways: 1) the functional requirements or operating results, including the environment. The requirements formulated precisely to the applicant to establish that the subject of the contract and the client — to compare the tenders; 2) with reference to this article, the third and fourth part listed in the technical specifications and standards in the following order: Latvian National Standard status in the adapted European standards, European technical assessments, common technical specifications, international standards, as well as other technical reference systems established by the European standardisation bodies or, if these standards are not, in the following order: the Latvian National standards, national technical approvals or national technical specifications relating to the design , tāmēšan and enforcement, and the use of the goods. Each reference shall include the words "or equivalent"; 3) defining functional requirements or performance in accordance with paragraph 1 of this part and with reference to the specifications under paragraph 2 of this part to ensure compliance with the functional or performance requirements; 4) with reference to the specifications under paragraph 2 of this part, but other requirements as determined by functional requirements or performance requirements in accordance with paragraph 1 of this part. (6) If it is not essential to the existence of the subject of the purchase contract, technical specifications shall not indicate the specific origin, a special process that describes only a specific supplier's goods or services, brands, patents or of specific types of goods, in particular suppliers or confers an advantage or reason for rejection. In exceptional cases, such a reference may be included if it is not possible to produce sufficiently accurate and clear description of the subject of contracts in accordance with the fifth subparagraph of this article. In this case the point is used in conjunction with the words "or equivalent". (7) If the Subscriber prepares technical specifications in accordance with the fifth subparagraph of paragraph 2, it does not reject the offer because the offered goods or services do not conform to the referenced standards or technical specifications, the applicant, by any appropriate means, including article 22 of this law is referred to in the evidence can prove that the offering is equivalent to and satisfy the customer specified in the technical specification requirements. (8) if the customer requirements of environmental protection is defined as the functional requirements or performance requirements in accordance with the fifth subparagraph of paragraph 1, it does not reject tenders which comply with a national standard status in the European standards, adapted to the European technical assessments, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies, if these standards, technical specifications or reference system determined the same functional requirements or performance requirements that specified by the client, and if the applicant, using any appropriate means, including article 22 of this law is referred to in the evidence can be shown that the standard applicable to works, supply or service meets the customer's specified functional requirements or performance requirements. (9) the purchases, which are intended for natural persons, including staff of the customer, the technical specifications shall be drawn up in such a way as to ensure the availability of a procurement results for persons with disabilities or to take account of universal design principles, except when the customer duly justify the inclusion of such requirements in the technical specifications. If the European Union approved mandatory access requirements in the technical specifications include references to the following standards, in so far as they require to ensure access for persons with disabilities or to comply with universal design principles. (10) technical specifications you can also specify the conditions for the transfer of intellectual property rights for the customer. 21. article. Markings (1) if the customer intends to buy the works, goods or services that meet certain environmental, social or other special requirements, it can be the technical specifications, evaluation criteria of the tender or purchase contract performance rules require specific labelling as evidence of the works, supplies or services in compliance with requirements, if all the following conditions are met: 1) the labelling requirements apply only to criteria related to purchase the object of the contract , and is suitable to determine the subject of the purchase in the works, supplies or services descriptive characteristics; 2) labelling requirements drawn up on the basis of objectively verifiable and non-discriminatory criteria; 3) mark approved through the open and transparent procedures, which is open to all interested parties, including public authorities, consumers, the social partners, manufacturers, distributors, and non-governmental organizations; 4) markings shall be made available to all interested parties; 5) labelling requirements determine the person to which the supplier applying the label, not a decisive influence. (2) where the label corresponds to the first paragraph of this article, 2., 3., 4. and 5. the conditions of point, but also determines the principal procurement contract related requirements, it does not require compliance with all requirements of the marking, but refers to the detailed specifications of the label or the parts that are associated with the purchase contract and is suitable to identify the subject of the contracts representative characteristics. (3) the Subscriber indicates that the labelling requirements must be met where is not required for works, supplies or services in compliance with all requirements of the marking. The customer accepts the equivalent marking that confirms the works, supplies or services for compliance with the customer's specified labels. (4) if the supplier of his independent reasons was not possible until the date of presentation of the bid to get the customer's specified label or equivalent, the Subscriber accepts the other relevant evidence, including the manufacturer's technical documentation justifying the works, supplies or services specified in the client compliance labeling requirements. 22. article. Test reports, specifications and other evidence (1) the client may require the supplier shall submit to the European Parliament and of the Council of 9 July 2008. Regulation (EC) no 765/2008 establishing accreditation and market surveillance requirements relating to the marketing of products and repealing Regulation (EEC) No 339/93 order of accredited conformity assessment bodies and testing protocols or certificate and thereby demonstrate compliance with the technical requirements laid down in the specifications or criteria, evaluation criteria of the tender or purchase terms for performance of the contract. If the customer requires to submit specific conformity assessment bodies issued certificates, this also accept other equivalent conformity assessment bodies issued certificates. (2) the customer shall adopt other appropriate evidence, including the technical documentation of the manufacturer, if the supplier of his independent reasons in general or to the submission of tenders was not able to get to in the first subparagraph, these certificates or test reports and the supplier proves that the works, supplies or services meet the technical requirements laid down in the specifications or criteria, evaluation criteria of the tender or purchase terms for performance of the contract. 23. article. Offer variants (1) the client may provide the opportunity to submit offers variants. Subscriber contract notice specifies whether variants of tenders is required or permitted. Without such variants are not allowed. (2) the principal procurement procedures documents lay down minimum requirements for the variants and specific requirements for the submission of a variant indicating whether variants can submit only if you have also submitted an offer that is not an option. Subscriber ensure that purchasing criteria for the award of the contract to the tender offering the option may be applied, as well as the appropriate offers which do not contain variants. Variants are associated with compulsory purchase of the subject of the contract. (3) the principal consideration only offer choices that meet the minimum requirements laid down by it. (4) if the procurement procedures intended to make a public supply or public service contract and the client is allowed to submit a tender, it does not reject the offer variation, based solely on the fact that the choice of the appropriate public tenders, supply contracts will be concluded in the place of a public service contract or a public service contract in place a public supply contract. Chapter III of the Commission Procurement article 24. Procurement Commission (1) this law article 8, first subparagraph 1., 2., 3., 4., 5 and 6 above and to carry out the procurement procedure, 9 and 10 of this Act mentioned in article purchases the subscriber creates a buying Commission. The Commission shall include persons who do not have the appropriate administrative penalty for violations of public procurement and public-private partnerships — prohibition to occupy positions of public officials whose duties include decision making public procurement and public-private partnerships in the field or procurement contracts, general arrangement, partnership contracts or concession contracts, as well as to take the relevant decisions and conclude the relevant agreements, or the execution has ended. To verify the above, the customer obtains information publication management system. (2) the procurement Commission creates each purchase basis or for a specified period, or as permanent functioning institutions. When you create a purchase Commission, Subscriber ensure that this Commission would be competent in the area, which will be closed on the purchase contract. Purchase by the Commission in the performance of their duties, shall be entitled to call on experts. (3) the subscriber creates a purchase of at least three members of the Commission. The estimated contract price if the purchase is more than 1 000 000 euro, the customer creates a purchase of at least five members of the Commission. 25. article. Purchase the basic principles of the activities of the Commission (1) procurement procedures document preparer (principal officer or employee), buying the members of the Commission and the experts may not represent the interests of the candidate or tenderer, and must not be associated with a candidate or tenderer. The meaning of this part of the procurement procedures document preparer (principal officer or employee), the purchase, the Member of the Commission and the expert is associated with a candidate or tenderer, if he is a legal person: 1) — candidates, tenderers or subcontractor — current or former officer, employee, Member, shareholder, or member of prokūrist, and if this relationship with the legal person run out of the last 24 months; 2) legal persons: the candidate, the applicant or a subcontractor, shareholder, which owns at least 10 percent of the shares, Member, or officer in prokūrist father, mother, grandfather, grandmother, child, adoptive parent, the adopted grandchild, brother, sister, half-brother, half-sister, spouse (relative); 3) natural persons — candidates, tenderers or subcontractor — kin. (2) procurement procedures document preparer (principal officer or employee), the purchase of the members of the Commission and experts in relation with the candidate or tenderer shall apply also in the case where the candidate or tenderer is a personal association, whose members are natural or legal persons with which the procurement procedures document preparer (principal officer or employee) or the Member of the Commission, or an expert is the first part of this article 1, 2, and 3. the obligations referred to in paragraph 1. (3) procurement procedures document preparer (principal officer or employee), the members of the Commission and of the procurement experts sign a declaration that there are no circumstances which would lead to believe that they are interested in a particular choice of the candidate or tenderer or activity or that they are associated with the first part of this article. (4) the Commission shall ensure that procurement procurement procedures document, 9 and 10 of this Act mentioned in article development, purchase of documents recorded in the purchase process and is responsible for the procurement process. (5) Procurement Commission shall select candidates and assessed candidates and their submitted tenders in accordance with this law, procurement documents, 9 and 10 of this Act mentioned in article purchase documents, as well as other laws and regulations. Purchase decision is binding on the customer, if the contract is closed. (6) the Chairman of the Commission Procurement organizes and directs the work of the Commission, meetings of the Commission shall determine the place, time and agenda, convene and chair the meetings of the Commission, as well as provide the proof referred to in the third subparagraph of the signing. 26. article. Purchase the decision-making procedures of the Commission (1) the procurement decisions of the Commission. Purchase Commission is valid if its sitting on at least two-thirds of the members of the Commission, but not less than three members. The number of members of the Commission shall be determined by the results rounded up. Purchase the Commission takes decisions by a simple majority. If you purchase the votes of the members of the Commission split on the casting vote of the Chairman of the Commission. Member of the Commission cannot refrain from taking a decision. (2) each Member of the Commission of the purchase offer valued individually by all procurement documents specified assessment criteria, except for comparison and evaluation of quotations are used only for the price. The most economically advantageous tender it recognises the proposal that after the individual assessment collection won the highest rating. Chapter IV of the tender and the observance of article 27. Prior information notice can inform the client about planned purchases by publishing the previous informative statement. 28. article. Statement on the agreement, the notification of changes or additional information (1) if the customer applies to an open or restricted invitation to tender, the tender procedure for the negotiations, the partnership innovation procedure, competitive dialogue or plans to establish a dynamic purchasing system, it shall publish a contract notice. (2) if the customer shall amend the procurement documents or in article 10 of this law in accordance with the procedure laid down in the procurement documents or to be extended for a certain application or the submission of tenders, it shall publish a notice of any changes or additional information. 29. article. The notice of award of contract (1) the customer shall within 10 working days after the conclusion of the purchase contract or general agreement or decision on the termination of the procurement procedure or interruption, or dynamic purchasing system, not submitted for publication of the notice of award of contract. Subscriber notification of award of contract for procurement contracts that are concluded within the general arrangement, you can combine one quarter and submit for publication within 10 working days after the end of each quarter. (2) if the customer decides the dynamic purchasing system, the notification of award of contract for each of the contracts submitted for publication within 10 working days after the decision. This condition shall not apply, if the customer notices of contract award brings one quarterly publication, and submit, within 10 working days of each quarter the end. 30. article. Voluntary statement of the results of the purchase (1) Subscriber may submit for publication notice of voluntary acquisition results of this law or in article 5 3 of these cases or in the case of the negotiated procedure. (2) the voluntary statement of the results of the procurement is published so that interested parties can challenge the validity of the purchase that the error made by the Subscriber without applying the appropriate procurement procedure and without publication of a contract notice, and at the same time to prevent this law referred to in article 75. 31. article. Notice of tender and toss toss contest results (1) the client who wants to organize a casting contest, published a communication on meta. (2) a Subscriber within 10 working days of the cast informing contestants submitted for publication of the announcement of tender results. Matt 32. article. Communication on the social and other special services (1) the client who wants to organize a procurement of this Act 10 in accordance with the procedure laid down in article, publish a notice about the social and other special services. Subscriber "period for the submission of tenders not less than five working days from the date of notification of the social and other special services published in the procurement monitoring Bureau tīmekļvietn. (2) a Subscriber within 10 working days of the public service contract shall provide for publication of the notice and other special services. (3) the client has the right not to publish the first part of that statement if it is objectively impossible for the principal of unforeseeable or exceptional circumstances when, for technical or artistic reasons, or for reasons connected with protection of exclusive rights, the contract may be executed only by a particular supplier, or if your purchase meets one of this law, the seventh paragraph of article 8 of the cases referred to. 33. article. Notification of changes to Customer during the term of the contract, who committed this Act article 61 of part 2 and 3 of the amendments referred to in the contracts, which the contract price is equal to the contract price of the Cabinet of Ministers set out limit values or more, 10 working days after the date of entry into force of the amendments shall be published in the notice about the changes to the duration of the contract. 34. article. Publication of notice (1) 27 and 28 of this law, in article 29, first paragraph of article 30, 31, 32 and 33. the notification referred to in article content and preparation procedure is determined by the Cabinet of Ministers. The sample form of the communication by the European Commission of 11 November 2015 the implementing Regulation (EU) 2015/1986, establishing standard forms for the publication of notices of public contracts and repealing the implementing Regulation (EU) No 842/2011 (2) the contractor referred to in the first paragraph of the notice to prepare and submit the publication management system. Procurement monitoring Bureau within three working days after the first paragraph of this article in the notification to verify the contents of the compliance with the requirements of the law and publish the procurement monitoring Bureau tīmekļvietn, if the estimated contract price is less than the Cabinet established contract price thresholds. (3) If the estimated contract price is equal to the contract price of the Cabinet of Ministers set out limit values or greater or this law, referred to in article 10 of the purchase case 750 000 euros or more, the procurement monitoring Bureau within three working days after the first paragraph of this article in the notification to verify the contents of adequacy requirements of this law and shall send a notice of the Publications Office of the European Union for publication in the official journal of the European Union. Procurement monitoring Bureau will publish its communication on the tīmekļvietn, after receiving the confirmation of the publication of the notice in the official journal of the European Union, or 48 hours after the receipt of the Publications Office of the European Union's confirmation of receipt of the notification. (4) a Subscriber, announcing the results of the purchase, is entitled not to publish such notification information, disclosure of which would impede law enforcement or would be contrary to the public interest or restrict the supplier competition, or would prejudice the legitimate commercial interest of suppliers (public or private). 35. article. Application or the submission of tenders (1) Subscriber, determining the application or the submission of tenders shall take into account the possible contracts in the complexity and the time required for the preparation of tenders, as well as the Cabinet defined the minimum application and deadlines for the submission of tenders. (2) the Subscriber defines on the Cabinet of Ministers set the minimum for the submission of tenders, the longer the period for the submission of tenders, the tender may be made only if the customer specified in the purchase contract performance location or visit the procurement documents additional documents specify a subscriber to the specified location. Determination of the time limit for submission of tenders to vendors or candidates have a chance to familiarize yourself with all the information necessary for the preparation of tenders. (3) the principal may amend the bidding documents, unless amended by provisions do not allow different submission of tenders or other participation of candidates or tenderers in procurement procedures or choices. If the procurement documents amended, for the submission of tenders shall be extended accordingly to the importance of information or change it to suppliers or candidates could meet all the information needed for the preparation of tenders, and subject to the minimum laid down by the Cabinet of Ministers and the application deadlines for the submission of tenders. (4) the customer is entitled to extend the application and set deadlines for the submission of tenders, by posting notice of changes or additional information. If the purchase contract estimated contract price is equal to the contract price of the Cabinet of Ministers set out limit values or more, the minimum period for which the contractor is entitled to extend the application or the submission of tenders, is seven days. This extension of time limits is not considered amendments to the procurement documents, the third part of this article. 36. article. Access to procurement documents, their issue and additional information (1) the customer in your buyer profile provides free and direct access to electronic procurement procedures and all documents in addition to the necessary documents, as well as the opportunity to become acquainted to the space suppliers with purchase of additional documents, which, for technical reasons or the information they contain, or commercial interests, it is not to be free and direct electronic access, starting with the purchase of advertising time. If the supplier is required to issue procurement documents in print, it will issue the client within three working days of the receipt of the request, this document provided that the document request was submitted in good time before the expiry of the time limit for submission of tenders. The procurement procedure for the service of documents in print subscriber may require payment, not exceeding the actual document reproduction and shipping expenses. (2) if the supplier or the nominee is the times requested more information about the procurement procedures contained in documents requirements, it provides the client a maximum of five working days, but not later than six days before the date of the application and submission of tenders. If the customer has been shortened because of the urgency for the submission of tenders in an open competition or application and deadline for the submission of tenders in a closed competition, additional information the client provides three working days but not later than four days before the date of the application and submission of tenders. (3) additional information the client sends to the supplier or the candidate who asked her a question, and at the same time you insert this information in the customer profile, which is available in the procurement documents, including the FAQ. (4) if the customer made amendments to the procurement documents, it inserts the information on the amendment to the buyer profile, which is available in these documents, not later than the day after notification of changes or additional information submitted to the procurement monitoring Bureau for publication. 37. article. The order in which the candidates and tenderers shall be informed of the results (1) the client within three working days after the decision is taken at the same time inform all candidates of the decision taken with respect to candidate selection results (rejected candidate also indicate its application the reasons for rejection) or candidates for inclusion in the dynamic purchasing system (rejected Tenderer shall also submit reasons for rejecting the offer), or throwing Contest participants on the decision taken with regard to the results of the competition mat. The Subscriber shall notify all candidates or tenderers shall be for the period within which a person pursuant to this law, article 68 of the second subparagraph of paragraph 1 and 2, may submit to the procurement monitoring Bureau request for procurement irregularities. The meaning of this article shall be deemed to information passed to all candidates or tenderers at the same time, if information sent or handed them one day. (2) the client within three working days after the decision is taken at the same time inform all tenderers of the decision taken with regard to procurement contracts or general agreement. The Subscriber shall notify the name of the successful tenderer or the designated common names of participants, including: 1) rejected tenderer, it reasons for rejecting the offer, including basing decisions on non-compliance or equivalence decision on non-compliance with the offer of functional requirements or performance requirements (if applicable); 2) applicant who submits an appropriate offer, the characteristics of the successful bid, and conditional benefits; 3) the period within which the applicant, pursuant to article 68 of this law in the second subparagraph of paragraph 1 and 2, may submit to the procurement monitoring Bureau request for procurement irregularities. (3) if the purchase procedure is terminated or suspended, or a dynamic purchasing system is not created, the client within three working days after the decision is taken at the same time inform all candidates or tenderers of all the reasons for which the procurement procedure is terminated or suspended, or a dynamic purchasing system is not created. The client all the candidates or tenderers shall be informed of the period within which a person pursuant to this law, article 68 of the second subparagraph of paragraph 1 and 2, may submit to the procurement monitoring Bureau request for procurement irregularities. (4) the Subscriber information for the results to be sent by mail, fax or electronically via a secure electronic signature or by adding electronic mail a scanned document, or served personally. (5) Subscriber informing about the results, retain proof of shipment or transfer information, date and type. 38. article. Exchange of information (1) the exchange of information between the client and the suppliers take place by mail, fax or electronically (in accordance with the third, fourth, sixth and eighth parts conditions), depending on the customer's choice. (2) the exchange of information, which does not apply to procurement documents, applications and features, you can use oral communication. Oral communication content is documented in writing or audio recordings, where it can affect the application or offer content and evaluation of tenders. (3) the subscriber chooses the means of exchanging information that is generally available to the supplier of access to unimpeded procurement. The customer chooses the documents referred to in this law, the type of transmission that the addressee provides quick information as possible. If the exchange of information by electronic means are used, choose those that are publicly available and compatible with the ' information and communication technologies, thereby eliminating the ability to discriminate against suppliers on this basis. (4) the exchange of information and the storage is carried out so that all the quotes and applications at the data would be protected and the client can verify the content of tenders and applications only after the time limit set for submitting them has expired. (5) time of offer or the date of submission of the application to the time of opening the client fails to provide information on other tenders or applications being. The evaluation of tenders and applications to the Subscriber for the notification of results does not provide information on the evaluation process. (6) the electronic equipment used and the receipt of tenders and to send, this law shall apply the provisions of article 39. (7) the contractor, if necessary, may be required to be used for the submission of tenders for the special equipment and technology, which is not generally available if the customer provides the following alternative access options: 1) unlimited and full free offers direct electronic access to the special equipment and technology, from the date of publication of the contract notice. Contract notice specifies the address of the tīmekļvietn can access the relevant technologies and facilities; 2) ensure that applicants who do not have access to the relevant technologies and equipment, or which are not possible for them to obtain the relevant deadlines (in view of the fact that lack of access is not to blame the tenderer), access to procurement by using temporary access, which is available free of charge online; 3) support alternate data channel for the electronic submission of tenders. (8) when submitting tenders or applications electronically, the applicant or the supplier is entitled to one secure electronic signatures to sign all the documents as a single package. If the tender or application can be submitted electronically, the Subscriber shall not be entitled to claim, in addition to the electronic quotation or application for the candidate or the supplier shall submit a written offer or application. 39. article. Requirements for electronic filing and the receipt of tenders (1) the customer purchases made for the electronic submission of applications and the offer, except for the Cabinet of Ministers in certain cases when a Subscriber has no obligation quote or application and its components for use in electronic information systems. Application and the receipt of tenders, the client chooses a free useable electronic information systems for supply and for the electronic receipt of applications. (2) the use of electronic information systems which receive offers and applications, as well as plans and projects in procurement procedures, subject to the following provisions: 1) all interested suppliers information is available on the specifications relating to the supply and application of electronic filing, coding and time registration; 2) uses embedded signature tool that provides electronic document signer's identity, or the digital signature that corresponds to the laws on electronic documents and electronic signature; 3) can pinpoint the date and time of submission of tenders and applications as well as plans and projects; 4) Subscriber ensure that no one can access the information presented before the expiry of that period; 5) only authorized persons have the opportunity to set or alter the received document is open; 6) at different stages of the procurement procedure, access to the documents submitted or the part on the authorised person simultaneously perform actions; 7) documents can only be accessed for a specific date by authorized persons at the same time activities; 8) and provided access to documents remains open only to authorized persons, that such access is authorized; 9) is able to detect the fact that a breach of this part 4., 5., 6., 7., 8. the prohibition referred to in paragraph 1. (3) the cabinet shall determine the requirements and standards for systems that are used in the quotation and the submission of applications. 40. article. Procurement documentation and procurement procedures document storage (1) Subscriber ensure each stage of the procurement procedure, documentation and this law, article 9 and 10 of the purchase referred to in the documentation as well as documented in the procurement procedure, which is conducted by electronic means. (2) the report from the procurement procedure (hereinafter report) is a statement that reflects the progress of the procurement procedure. The report shall be prepared and published on the buyer profile for each procurement procedure after a decision on the outcome of the procurement procedure pursuant to Cabinet procedures and content. (3) protocols that reflect progress, report the procurement, procurement documents, except in quotations, and the applications are generally available information.
(4) the Subscriber provides in the third subparagraph of the service within three working days after the date of receipt of the request. The customer does not issue reports, with the exception of the opening of the meeting, while the application or tender evaluation. (5) the client all referred to in the third subparagraph of the original documents, as well as the application and offer the originals, for 10 years after the conclusion of the contract of purchase, general agreement or dynamic purchasing system. Chapter v selection of candidates or tenderers and offers the choice of article 41. Selection of candidates or tenderers, the compliance checks and check the General provisions (1) the client selects candidates and tenderers under this law, 44, 45, 46, 47 and 48. in article qualification requirements, check the conformity of the tender bidding documents to the requirements and choose the offer or offers in accordance with the established criteria for the evaluation of the bid. (2) the Subscriber may set a minimum level of compliance with this law, in article 45 and 46. The amount of the claim, and the minimum capacity levels required in a particular execution of the contracts determine the proportionate to the purchase contract. The following minimum eligibility requirements included in the contract notice, and procurement documents. (3) certificates and other documents that this statutory cases shall be issued by the competent authorities of Latvia, the customer accepts and acknowledges that if they have been issued not earlier than one month before the date of filing, but foreign competent authorities issued certificates and other documents, the customer accepts and acknowledges that if they have been issued not earlier than six months before the filing date, if the inquiry or document Publisher has specified a shorter the validity period. (4) if the customer does not need information about the candidate or tenderer is derived directly from the competent institution, the databases or from other sources, the candidate or tenderer may submit a certificate or other document of the relevant facts, if a Subscriber for information does not correspond to the actual situation. (5) if the customer has any doubt about the authenticity of the copy of the document presented, it requires that the candidate or tenderer shall present the original of the document or a certified copy of the document. (6) if the customer finds that the application or quote or submitted to the candidate or tenderer or the document is unclear or incomplete, it shall require that the candidate or tenderer or competent authority or that explains the information or document or submit the missing documents, ensuring equal treatment for all candidates and tenderers. The time limit of the required information or a document for submission to the client determines the proportionate to the time required for such information or document preparation and submission. (7) If the Subscriber in accordance with the sixth subparagraph of this article has requested to explain or supplement the application or tender or in the candidate or tenderer the information submitted, but the candidate or tenderer is not done according to the requirements of the client, the client application or tender shall be valued at its disposal information. (8) in the course of the evaluation of the tenders, the client is entitled to request that is explained in the technical and financial information contained in the offer, as well as the submitted samples of the products, if they are necessary for the conformity assessment of the product and the applicant documents not available to the Subscriber can prove compliance with the goods. The client is not required to submit samples of goods, which make the purchase of adjustable or during the execution of the contract according to its requirements, if such samples are not available to the supplier before conclusion of the contract of purchase, as well as product samples, which the supplier to create disproportionate expenditure. (9) the evaluation of bids during the Subscriber checks whether the quote is not the arithmetic error. If the customer finds such an error, it corrects this error. On error correction, and corrected the quotation amount the customer shall notify the applicant that the mistakes corrected. Assessing the financial offer, the client takes note revisions. (10) in the course of the evaluation of the tenders, the client is entitled to request that the applicant submit evidence that offer developed independently. 42. article. The exclusion of candidates or tenderers in terms of (1) the principal of the candidates or excluded from participation in a procurement procedure in any of the following cases: 1) candidate, tenderer or a person who is a candidate or tenderer or member of the Management Board, pārstāvēttiesīg or prokūrist, or a person authorized to represent the applicant or applicants for activities associated with the affiliate, with the Prosecutor's statement as punishment or judgment of the Court of Justice which entered into force and became the undisputed and not appealable , is found guilty of or it is appropriate to influence the feature forced any of the following offences: (a) a criminal organization), governance, engagement in it or its constituting organized criminal group or other formations or participation in such organizations is made a criminal offence, (b)), bribery, bribes bribe embezzlement, bribery, illegal, through the participation in property transactions, illegal adoption benefits, commercial bribery, unlawful benefit claim, acceptance and giving marketing with impact, c) fraud, embezzlement or money laundering, d) terrorism, financing of terrorism, an invitation to terrorism, the threat of terrorism or the recruitment and training of the person's acts of terrorism, human trafficking, e) f) avoidance of taxes and the payment of comparable status; 2) have found that the candidate application and the applicant for the submission of tenders in the last day or the day of adoption of the decision on the possible purchase of the contract award, Latvia or the State in which it is registered or has its habitual residence is the tax debt, including State social security payment of debts, which total more than 150 in one of the countries of the euro. With regard to Latvia and registered applicants resident customers take into account information that is inserted into the cabinet within the information system of the State revenue service's public tax debtor database and real property tax administration system-last data update date; 3) has been declared by the candidate or tenderer insolvency proceedings, suspension of the candidate or tenderer economic activity, the candidate or tenderer is eliminated; 4) procurement procedures document preparer (principal officer or employee), Member of the Commission or purchase expert is related to this law of the candidates or of article 25 of the first and second parts of the meaning or are interested in any of the candidate or tenderer, and the customer is not possible to resolve the situation of the candidates or to less restrictive measures; 5 the applicant or applicant's) anti-competitive advantages procurement procedure if it or its related legal person engaged in the preparation of a procurement procedure in accordance with article 18 of this law a quarter and these benefits can not be solved by less restrictive measures, and the candidate or tenderer is unable to prove that it or its related legal entities participation in the preparation of a procurement procedure does not restrict competition; 6) the candidate or tenderer with the competent authority's decision or a court judgment which has entered into force and became the undisputed and non-appealable, is found guilty of infringement of competition law in the form of a horizontal cartel agreement, except cases when the institution concerned, finding an infringement of competition law on cooperation for the leniency programme is part of the candidates or exempted from fines or reduction of fines; 7) the candidate or tenderer with the competent authority's decision or a court judgment which has entered into force and became the undisputed and non-appealable, is found guilty of misconduct in the form of: (a)), one or more persons of employment if they do not have the required work permits, or if they are not entitled to reside in a Member State of the European Union, (b) the person without written) concluded in the contract of employment, tax legislation is not made within the time limit for that person to the informative declaration of employees to be submitted for a person who begins work; 8) the candidate or tenderer has provided false information to demonstrate compliance with the provisions of this article or under this Act to those of candidates or tenderers qualification requirements or has not supplied the information requested; 9) to the members of the partnership, where the candidate or tenderer is a partnership, apply this part 1., 2., 3., 4., 5., 6 or 7 are satisfied; 10 the applicant designated subcontractor) that the works to be carried out, or the value of the services to be at least 10 percent of the total public works, services or supplies, the contract value shall apply to this part 2., 3., 4., 5., 6 or 7 are satisfied; 11) to a candidate or tenderer to whom personal qualities the candidate or tenderer is based, to demonstrate that it meets the qualifications in the statement of agreement or procurement documents, the requirements are applicable to this part 1., 2., 3., 4., 5., 6 or 7. (2) a Subscriber if it is indicated in the contract notice or in the documents, the procurement procedure shall be entitled to exclude of the candidates or from further participation in the procurement procedure in the following cases: 1) the candidate or tenderer (as a Contracting Party or contracting parties Member or members, if a Contracting Party has been a supplier Association or a partnership), the Member or members (where the candidate or tenderer is a supplier Association or a partnership) is not served by the principals of contracts concluded , general agreement or concession contract and, therefore, the client or partner has used a public procurement contract, general contract terms or concessions in the contract the right to unilaterally withdraw from the purchase contract, general contract or concession agreement; 2) the candidate or tenderer is guilty of serious professional misconduct, which call into question its integrity, or is not carried out by the customer or public partners conclusion of the purchase the contract, the agreement or the General concession contract, and this fact is recognized by the competent authority or a court judgment which has entered into force and became the undisputed and non-appealable; 3) on partnerships, where the candidate or tenderer is a partnership, apply paragraph 2 of this part; 4 the applicant designated subcontractor) that the works to be carried out, or the value of the services to be at least 10 percent of the total public works, services or supplies contract value, apply this part of paragraph 1 or 2; 5) to a candidate or tenderer to whom personal qualities the candidate or tenderer is based, to demonstrate that it meets the qualifications in the statement of agreement or procurement documents, the requirements are applicable to this part of point 1 or 2. (3) the principal does not exclude candidates or tenderers from participation in a procurement procedure if: 1) from the date when the become the undisputed and non-appealable judgment of the Court of Justice, the Prosecutor's statement as punishment or other competent authority of the decision taken in the context of the first subparagraph of paragraph 1 and paragraph 7 "a" offences referred to the application or the date of the offer is three years; 2) from the date when the become the undisputed and non-appealable judgment of the Court or other competent authority of the decision taken in relation to the first part of this article 6 and in paragraph 7, point "b" and the second paragraph of point 2 the irregularities referred to in paragraph until the application or the date of the offer is the last 12 months. (4) a Subscriber shall not exclude candidates or tenderers from participation in a procurement procedure if from the date when the Subscriber unilaterally stepped back from the second paragraph of this article referred to in paragraph 1, the service of the public supply or works contracts, the General Agreement on services or supplies, works or services or works concession contract application or a tender, up to the date of the 12 months have elapsed. The client, if it is specified in the contract notice or in the documents, the procurement procedure shall be entitled not to turn off of the candidates or from further participation in the procurement procedure in accordance with the second paragraph of this article paragraph 1, instead providing for additional security in meeting commitments or contracts implementing provisions, which the candidate or tenderer makes it uneconomical for procurement contracts or general arrangement of significant non-compliance. The principal, acting on the exclusion of candidates or tenderers from participation in a procurement procedure for the future in accordance with the second paragraph of this article paragraph 1, consider how essential is it to allow the violation of procurement contracts, general agreement or concession agreement, as the Subscriber unilaterally back off, as well as those procurement contracts or general arrangement of default risk. (5) if the customer establishes that the Cabinet of Ministers within the information system in accordance with the State revenue service's public tax debtor database or real property tax administration system-last data update in the posted date of the applicant, the applicant or the first part of this article 9, 10 and 11 to the person referred to in the application or the submission of tenders in the last day or the day the decision on the possible purchase of award of contract have tax debt, including State social security payment of debts, which total in excess of 150 euro, the customer determines the term of 10 days after the issue of the information or the date of receipt of the submission, that a candidate application and the applicant for the submission of tenders in the last day or the day of adoption of the decision on the possible purchase of the award of the contract, was not a tax debt, including State social security payment of debt that totals more than eur 150. If the deadline is not submitted, the proof of the candidates or contractor excluded from participation in procurement. If the customer establishes that the Cabinet of Ministers within the information system in accordance with the State revenue service's public tax debtor database or real property tax administration system-last data update in the posted date of the applicant, the applicant or the first part of this article 9, 10 and 11 to the person referred to in the application or the submission of tenders in the last day or the day the decision on the possible purchase of award of contract tax debt, not including the State social insurance compulsory contribution to the debt, which totals more than 150 euro, the client certificate is not required. (6) a candidate or tenderer to confirm that it, as well as the first part of this article 9, 10 and 11 to the person referred to was not the tax debt, including State social security payment for debt, which totals more than 150 euro in Latvia, in the fifth paragraph of this article within the time referred to shall provide: 1), the persons concerned or its representative, a certified printout from the State revenue service electronic declaration system or the State revenue service inquiries about it that the person concerned was not the tax debt, including State social insurance contributions receivable; 2) authorities to issue a certificate that the person concerned was not the real estate tax debt; 3) application or the submission of tenders for the last day of or the day after the decision on the possible purchase of the award of the contract, a copy of the State revenue service or local competent authority issued the decision on tax payment extension or suspension or a copy of an agreement with the State revenue service on tax debt, or other objective evidence of the absence of tax arrears. (7) the Subscriber requests that the candidate or tenderer replaced subcontractor who works or services value is at least 10 percent of the total public works, public services or public supply contract value if it corresponds to the first paragraph of this article, 2., 3., 4., 5., 6 or 7 or paragraph 1 of the second paragraph and in paragraph 2 that cases of exclusion, and the person to whom the opportunities the candidate or tenderer based to demonstrate that it meets the qualifications in the statement of the contract or procurement document requirements if it complies with the first paragraph of this article, 1., 2., 3., 4., 5., 6 or 7 or paragraph 1 of part two and the exclusion referred to in paragraph 2. Where the candidate or tenderer within 10 working days of the request for service or the date of the documents does not submit a new notice of contract or procurement procedures according to the requirements laid down in the documents of the subcontractor or person to whom the possibilities of the candidate or tenderer is based, to demonstrate that it meets the qualifications in the statement of agreement or procurement documents, the principal applicant and excluded candidates from participation in a procurement procedure. (8) the cabinet shall determine the list of professional misconduct for which the exclusion from procurement procedures. (9) in order to verify that the candidate or tenderer is not excluded from participation in this procurement procedure of the first paragraph of article 1, paragraphs 6 and 7 and the second paragraph referred to in paragraph 2 of the criminal offences and infringements, for which the first paragraph of this article, the person is punished or is it suitable for the forced influence feature in Latvia, as well as the first part of this article in 2 and 3 above, due to the fact Subscriber, as well as supplier for yourself using the Cabinet down the system of information concerning registered in Latvia or a person resident in the Cabinet in the order: 1) collects information about the first part of this article 1, point 6 and 7 and the second paragraph referred to in paragraph 2, the irregularities and crimes, from Interior Ministry Information Centre (penalty). The Subscriber that information from the Ministry of Interior Information Center (the fine) is entitled to, without asking the candidate, candidate's and another in the first and second subparagraphs, the consent of the persons referred to in; 2) for the first part of this article referred to in paragraph 2, the facts — from the State revenue service and Latvian municipalities. The Subscriber that information from the State revenue service and the local governments of Latvia is entitled to, without asking the candidate, candidate's and others referred to in the first paragraph the persons consent; 3) on the first part of the persons referred to in paragraph 1 (a person who is a candidate or tenderer or member of the Management Board, pārstāvēttiesīg, prokūrist, or the person who is authorised to represent the applicant or applicants for activities associated with the affiliate) and the first paragraph of this article, paragraph 3 of the above facts — from the business register. (10) in order to verify that the candidate or tenderer established in the Board or Council Member, pārstāvēttiesīg or prokūrist, or the person who is authorised to represent the applicant, or applicants for activities associated with the affiliate, and established or residing in a foreign country, or to a foreign country or of a registered resident of the candidates or whether the first paragraph of this article 9, 10 and 11, paragraph person established or resident in a foreign country, do not apply the first subparagraph and the second subparagraph of paragraph 2 in the off condition, the customer, with the exception of article 11 of the cases referred to in , requires that the candidate or tenderer shall submit to the competent institution a certificate testifying that the candidate or tenderer established in the Board or Council Member, pārstāvēttiesīg or prokūrist, or the person who is authorised to represent the applicant or applicants for activities associated with the affiliate, and established or residing in a foreign country, or to the candidate or tenderer or the first paragraph of this article 9. , 10 and 11 of the persons referred to in paragraph shall not apply in the first part and second part of the case referred to in paragraph 2. If the Board Member, pārstāvēttiesīg or prokūrist, or the person who is authorised to represent the applicant or applicants for activities associated with the branch, according to the applicant, the applicant's or the first part of this article 9 and paragraph 11 of the registration of the person referred to in national laws or regulations may not be the person to whom is attributed the first part laid down in the conditions of exclusion, the candidate or tenderer is entitled to submit the certificate instead of an explanation. The deadline for submission of the explanation or statement determines the client not less than 10 working days after the request is issued, or the date of dispatch. Where the candidate or tenderer is not made within the time limit mentioned in the explanation or statement, the customer shall be excluded from participation in this procurement procedure. If the customer does not benefit from the clarification of beliefs that are not attributable to the persons concerned in the first part of this article are laid down in the conditions of exclusion, it is entitled to require the person concerned to the competent authorities the certificate. (11) of this article shall not apply to the tenth them the first part of this article 9, 10 and 11. persons referred to in point that have been registered in Latvia or permanently resident in Latvia and are indicated in the submitted candidate or tenderer in the application or offer. In this case the test is carried out in accordance with this article the ninth part. (12) if any document abroad, established or resident in the candidate or tenderer may assure you that is not covered in the first paragraph, certain cases are not issued or with these documents is not sufficient to demonstrate that the candidate or tenderer is not the subject of this article in cases provided for in the first subparagraph, such documents may be replaced by a sworn or, if the oath at the national laws do not provide for with the same candidates, tenderers or other, the first paragraph of this article of the person competent to Executive or judicial authority, a notary or a competent jury concerned organization to their registration (domicile). (13) the cabinet shall determine: 1) information system, which is the ninth part of this article in this review, as well as the maintenance and use of this system; 2 this article ninth) part 1 of the test referred to in the information processing objectives and scope as well as the laws and regulations of their article, which corresponds to the first and the second part the exclusion of candidates or tenderers in the cases and on which the infringements and crimes to the ninth part of this article 1 the test prescribed in paragraph; 3) order in which this part of the information referred to in paragraph 1, the system receives and processes information from this article in the tenth part of the institutions referred to in the uzturētaj information systems. (14) a subscriber check on the first and second part of the specific exclusion of candidates or tenderers in the cases out: 1) open competition — for each applicant, which according to the other notice of contract and procurement documents to the requirements and evaluation criteria of the tender selected would be awarded the contract; 2) closed competition, competitive dialogue, innovation, partnerships and the negotiations of the tender procedure in respect of each of the candidates who meet the other candidates in the contract notice and selection requirements laid down in the Statute and would be invited to submit a tender. If the client application reduce the number of candidates, this check shall be carried out before the reduction of the number of candidates. A subscriber check on the first part of this article 2 or in paragraph 10 the exclusion of candidates or tenderers in the case of being carried out in respect of each applicant, which according to the other notice of contract and procurement documents to the requirements and evaluation criteria of the tender selected would be awarded the purchase contract; 3) negotiated procedure and in article 10 of this law in this procurement (purchase documents if the client intends to apply the first and second part of the above exclusion conditions): for each applicant, which should be granted the purchase contract; 4) negotiated procedure article 8 of this law the seventh part 1 in the case referred to in the paragraph, if it is invited to participate in the negotiations only to all those applicants who have prior call concerned a procurement procedure is excluded in accordance with the provisions of this article and meet the designated qualification requirements, if it is applied after the termination of the tender, the Tenderer shall, in respect of each submitted a tender in open competition and is invited to a negotiation procedure. This test is carried out before the opening of negotiations. (15) where a Subscriber under this law, article 8 paragraph 7 of the seventh part of the negotiated procedure is applied, it does not apply the first subparagraph of paragraph 3. 43. article. Reliability of the evaluation of evidence (1) If a candidate or a member of a partnership, if the applicant is a partnership, comply with this law, the first paragraph of article 42 of the 1, 3, 4, 5, 6, or 7, or the second subparagraph 1 or 2 above cases of exclusion, the candidate shall submit with his application for an explanation and evidence of damages caused to or concluded agreement for reimbursement of damage, consorting with the investigation authorities and the technical , or a network of institutional measures to prove its reliability and prevent the same and similar cases from happening again in the future. (2) If the applicant or a member of a partnership, if the applicant is a partnership, comply with this law, the first paragraph of article 42 of the 1, 3, 4, 5, 6, or 7, or the second subparagraph 1 or 2 above the exclusion in case the Tenderer shall state the offer and, if it is recognized as such, which should be awarded the contract shall submit interpretation and proof of damages caused to or concluded agreement for compensation of damage , consorting with the investigation authorities and the technical, organisational or personnel measures to prove its reliability and prevent the same and similar cases from happening again in the future. (3) where the candidate or tenderer shall submit interpretation and not evidence, the principal of the candidates or excluded from participation in a procurement procedure as appropriate this Act 42 the first paragraph of article 1, 3, 4, 5, 6, or 7, or the second subparagraph 1 or 2 above the exclusion case. (4) the customer shall assess candidates, tenderers or members of a partnership, where the candidate or tenderer is a partnership, the measures taken and the evidence, taking into account the criminal offence or the gravity of the infringement and the circumstances involved. The Subscriber may request from the crime or offence, the competent authorities in the area of opinions on it, the candidate or tenderer or the measures taken are sufficient to restore trust and the same and similar accidents in the future. The opinion shall be required if a Subscriber is available or a candidate or tenderer has submitted the criminal offence or offences the competent authorities in the area of opinion on specific candidates or tenderers for the adequacy of the measures taken to restore trust and the same and similar accidents in the future. (5) If the principal measures taken shall be deemed sufficient for the restoration of confidence and the prevention of similar cases in the future, it shall take a decision not to exclude the candidate or candidates from participation in a procurement procedure. If the measures taken are insufficient, the customer decides to turn off of the candidates or from further participation in the procurement procedure. 44. article. Compliance with the professional activity (1) Subscriber may require evidence that the supplier is registered, licensed or certified pursuant to registration or the country of residence of the legislative requirements. (2) a public service contract, to the extent appropriate, suppliers must be authorized or must be a member of the Organization for the registration or to the country of residence can provide this service, the Subscriber may request evidence of such authorisation or membership. (3) a public works contract in case the customer require that the supplier would be acquired or to purchase the contract obtained by the laws set out the works concerned the appropriate qualifications for būvkomersant class. The Cabinet of Ministers shall lay down the requirements for the būvkomersant experience and class a public execution of structures. (4) the Subscriber will not determine the requirements as to the minimum since the supplier registration, licensing or authorisation, or becoming a member of the set. 45. article. Economic and financial position (1) the client may determine the requirements for the supplier's economic and financial capabilities required for the execution of the purchase agreement. Such requirements may relate to: 1) supplier's annual minimum financial performance, including the specific procurement contract; 2) supplier financial indicators; 3) professional risk indemnity insurance. (2) the annual minimum financial performance may not have more than two values, the expected contract price unless the procurement contract performance is associated with specific risks of the works concerned, the services or the nature of the supply. The principal justification for the application of exceptions to bidding documents. (3) if the purchase contract is divided into parts, the principal supplier's minimum financial year turnover can be detected on the part of groups, if the purchase contract will be awarded in several parts of the executable at the same time.
(4) if the General arrangements under the new evaluation of the offer, the supplier's minimum financial turnover of the year shall be determined on the basis of the contracts expected maximum contract price, which for a time, or if the purchase contract the estimated maximum contract price is not known, based on general arrangement the estimated contract price. (5) in the case of dynamic purchasing system suppliers the maximum annual turnover is determined on the basis of the framework contract to the expected maximum contract price. (6) the supplier of its economic and financial situation in compliance with the requirements can attest, mainly by submitting the following documents: 1) credit guarantees or, where appropriate, the relevant professional risk insurance company evidence; 2) financial reporting or statement from a financial statement, if the financial statement information is publicly available in accordance with the supplier's country of registration laws; 3) proof of your total net change or, if necessary, the turnover relating to procurement, but not more than for the previous three financial years, as far as the information on these turnovers is available, taking into account the supplier's founding or start-up time. (7) in determining the requirements in relation to the supplier's financial performance, customer procurement documents clearly state the objective and non-discriminatory criteria and methods to be used for determining the financial indicators. Public works contract case, said that the principal economic and financial situation confirms regulations in certain būvkomersant in the qualifying class. The Subscriber has the right to nominate only the supplier in addition to the requirements that classification are not evaluated in the framework of the būvkomersant. (8) the supplier can rely on others to economic and financial capabilities, if it is necessary for the execution of the contract, irrespective of the legal nature of the relations between the. In such a case the supplier proves that the customer will have at its disposal the resources necessary, by, for example, that person or the agreement on cooperation in the implementation of the contract. A Subscriber may request that the supplier and the person on which the economic and financial possibilities that rests, are jointly and severally liable for performance of the contract of purchase. (9) the notice of contract (if the relevant notification form provides this information) or in the invitation to tender and procurement procedures documents lay down the principal documents that the supplier or applicant shall provide to the Subscriber's compliance requirements. A supplier who is unable for valid reasons to submit the documents requested, the customer is entitled to prove its economic or financial situation with any other documents, if the customer considers them appropriate. 46. article. Technical and professional capacity of (1) the client may determine the requirements for the supplier's technical and professional abilities required for the performance of the contract of purchase. Such requirements may relate to the performance of the contract, the supplier of the staff involved in the experience and technical resources. Public works contract case, said that the principal supplier's technical and professional capacity to certify legislation specific qualifications of the būvkomersant class. The Subscriber has the right to nominate only the supplier in addition to the requirements that classification are not evaluated in the framework of the būvkomersant. (2) procurement procedures for supplies destined for deployment or installation, services or works, the professional capacity of the supplier to provide a service or to provide installation, or perform the works can be evaluated, taking into account the skills, performance and experience. (3) the supplier's technical and professional capacity according to works, supply or service nature, quantity, degree of importance and usage may be furnished by: 1) information about carried out, adding inquiries and reviews of the most important works in up to five previous years, except in the case when the competition the principal has determined a longer experience period of guarantee; 2) information about essential things about what supplies or services not more than three years, with the sums, and recipients (whether public or private). If it is necessary to promote competition, the customer may set a longer time limit for the attestation of experience;
3) information on technical staff or institutions responsible for quality control, but if works, will be performed by technical personnel or institutions that will be involved in carrying out the works; 4) features the technical description of the equipment and that the supplier uses, as well as the quality of the teaching and research of the supplier of the equipment; 5) information about supply chain management and route control systems that will be used by the supplier in the performance of the procurement contract; 6) inspection carried out by the customer or the name of the supplier of the goods or service provider, the competent authority of the country where the goods to be delivered or services to be procured are complex in nature or those goods or services are intended for a specific purpose. This test applies to the production of goods by the supplier or service provider technical ability and, if necessary, to the provision of quality control measures it will take; 7) for works or service provider staff education or professional qualification supporting documents if the staff education or professional qualifications is intended as one of the tender evaluation criteria; 8) a description of the measures vendor intend to carry out the environmental protection requirements in the procurement at the time of performance of the contract; 9 information on the participants in the works) and the service provider's average number of employees per year and the number of managerial staff for the last three years; 10) for information on the tools, equipment and technical equipment available to the reviewer of the works and service provider for the execution of the contract; 11) the reference to the purchase contract by the supplier intend to subcontract; 12) in relation to the items to be delivered: a) samples, descriptions or photographs, the authenticity of which confirms, if the customer requests it, b) quality control authority (whose jurisdiction is recognized) certification, which certifies goods meet certain technical specifications or standards. (4) the supplier can rely on others to the technical and professional capabilities, if it is necessary for the fulfilment of contracts, irrespective of the legal nature of the relations between the. In this case, the supplier shall demonstrate to the customer that it will have at its disposal the resources necessary, by that person or the agreement on the transfer of the necessary resources at the disposal of the supplier. The supplier to demonstrate professional experience or customer requirements appropriate staff availability, can be based on other people's capabilities only if this person will perform works or provide services for the execution of the relevant capabilities are needed. (5) the Subscriber may request that certain particularly important tasks to fulfil the applicant or a member of an Association of persons, if you closed a public works or public services contract or if a public supply contract also includes goods building or installation. (6) in the notice of contract (if the relevant notification form provides this information) or in the invitation to tender and procurement procedures documents lay down the principal documents that the supplier or applicant shall provide to the Subscriber's compliance requirements. 47. article. Quality management standard (1) if the customer requests an independent certificate of compliance of the supplier for certain quality assurance standards, including the provision of access for persons with disabilities, it refers to the quality assurance systems according to European standards confirmed by legislation duly accredited institutions. Subscriber acknowledges the other Member States of the European Union laws duly accredited institutions issued certificate. If the supplier of his independent reasons it was not possible to obtain such certificates to the application or the date of the supply, the supplier submits other evidence of equivalent quality assurance measures and demonstrate that the proposed quality assurance measures meet the requirements of the customer. (2) Public works contract in case the customer does not impose such requirements for the supplier's compliance with certain quality assurance standards, which already are assessed by giving the būvkomersant qualification class. (3) the first subparagraph shall only apply to purchases, the estimated contract price is equal to the contract price of the Cabinet of Ministers set out limit values or higher. 48. article. Environmental management standard (1) if the customer requests an independent certificate of compliance of the supplier environmental management standards or environmental management systems, this refers to the environmental management and audit scheme (EMAS) or other systems that have been identified in accordance with the European Parliament and of the Council of 25 November 2009. Regulation (EC) No 1221/2009 on the voluntary participation of organisations in a Community eco-management and audit scheme (EMAS) as well as Regulation (EC) no 761/2001 and Commission decision 2001/681/EC and 2006/193/EC article 45 or other environmental management standards which comply with European or international environmental management system standard, and which is approved by the legislation established accredited institutions. Subscriber acknowledges the other Member States of the European Union laws duly accredited institutions issued certificate. If the supplier of his independent reasons it was not possible to obtain such certificates to the application or the date of the offer, the supplier shall submit such other evidence of equivalent measures should be in accordance with the customer's required environmental management system or standard. (2) Public works contract in case the customer does not impose such requirements for the supplier's compliance with certain environmental management standards or environmental management systems that are already rated by giving the būvkomersant qualification class. (3) the first subparagraph shall only apply to purchases, the estimated contract price is equal to the contract price of the Cabinet of Ministers set out limit values or higher.
49. article. Single European procurement procedures document (1) the customer shall accept the single European procurement procedures document as evidence of the original compliance notice of contract or procurement procedures set out in the documents the applicant and candidate selection. If the supplier has chosen to present the single European procurement procedures document to certify that it complies with the notice of contract or procurement procedures set out in the documents the applicant and candidate selection requirements, it shall submit this document also for each person, on which it is based, the opportunities to demonstrate that it meets the qualifications in the statement of agreement or procurement documents, and its subcontractors, which specified the works to be carried out, or the value of the services is at least 10 percent of the value of the procurement contract. The supplier shall submit a separate European Union joint procurement procedures document for each of its members. (2) a supplier may submit to the principal European single procurement procedures document that has been filed in another procurement procedure if you certify that the information it contains is accurate. (3) the customer at any stage of the procurement procedure has the right to require that the applicant submit candidates and all or part of the documents certifying that the contract notice or the procurement procedures set out in the documents the applicant and candidate selection. The client does not request such documents and information that are available or are available in public databases. (4) the single European procurement procedures document the application of procurement procedures established by the Cabinet of Ministers. Single European procurement procedures document sample forms by the European Commission of 5 January 2016-2016/7 of the implementing regulation establishing standard forms for the single European procurement procedures document. 50. article. Security and enforcement (1) the customer is entitled to request that the applicant submit or in the security of contributions and the implementation of commitments. The principal procurement documents "offer security and enforcement context types, extent and duration, as well as the date of filing and remitting payment of service, and rules. (2) the tender security shall be determined reasonable, taking into account the estimated contract price in purchase and purchase the object of the contract, but not more than two per cent of the estimated contract price. (3) the term of the tender security shall determine proportionate, taking into account the complexity of the procurement and tendering period, but may not exceed six months from the date of opening. (4) the supplier shall supply security and the implementation of commitments is entitled to lodge a security in the form of a bank guarantee, insurance, or if the customer such opportunity is anticipated procurement documents, and the amount of money lodged in an account specified by the customer. (5) the tender security shall be in force for the shortest of the following time limits, except that this article is referred to in the sixth part: 1) bidding documents the minimum set by security forces in the period of validity; 2) if the procurement documents are laid down that the tenderer to whom the contract is awarded, after the conclusion of the procurement contract shall be subject to enforcement, — until the date on which the successful tenderer shall submit to the enforcement of such obligations; 3) up to the conclusion of contracts. (6) collateral paid subscriber or subscriber charge the applicant the amount of the tender security if: 1) the tenderer withdraws his tender during the period of validity of the tender security; 2 the tenderer to whom granted) the purchase contract, the Subscriber has not submitted within the time limit set by the procurement documents and contracts compliance obligations; 3 the applicant, you have) the purchase contract, signed a purchase agreement or the agreement of the principal General within the prescribed period. 51. article. The tender evaluation criteria (1) give the customer a purchase contract to the most economically advantageous tender, which shall be fixed taking account of the cost or price, or cost and quality criteria, or just the price. (2) the most economically advantageous tender shall be fixed: 1) using the price or the cost of applying the efficiency approach (for example, when assessing the life cycle costs); 2) taking into account the price or cost and procurement contract related to quality criteria, such as: a) the quality, including the technical, aesthetic and functional characteristics, availability, compliance with universal design, social and environmental requirements, innovative characteristics and conditions of sale, (b) the purchase contract performance) management structure and personnel qualifications and experience, if the purchase contract execution can significantly affect the quality of the personnel involved, qualifications and experience , c) after-sales service and technical assistance, delivery terms, for example, delivery date, delivery and delivery period or period of completion of delivery. (3) the quality criteria are related to the subject matter of the procurement contract, if they are applicable to any works, supply or service life cycle, as well as on factors related to the works, the production or sales of goods or services process or any other process life-cycle stage, even if such factors are not directly related to the procurement of the subject of the contract (such as the environment or social criteria for the provision of the service the production of the product, or in the works). (4) a Subscriber for comparing and evaluating tenders is entitled to use only if the purchase price is made in this law, in article 9 and 10 in the order or if the prepare the technical specifications are detailed and other criteria is irrelevant quotation. (5) the client determines the competition not restrictive and objective or measurable, comparable to the tender evaluation criteria. (6) the principal procurement documents indicates all the tender evaluation criteria in order of importance, criteria and, if applicable, value ranges, as well as offer a choice of algorithms in accordance with these criteria and describe how to apply each of the evaluation criteria. (7) the principal procurement documents the decisive criteria for the selection of the offer that the offer, if chosen before will decide on a purchase contract award, established that at least two bid evaluation is the same. The customer has the right of final offer selection criteria to determine the criteria that characterize the supplier's compliance with the requirements of social protection, including the fact that the successful bid submitted by the supplier, which is a national level employers ' organisation and has entered into a collective agreement with a Trade Union that is the national-level Trade Union (if the offer presented by the partnership or Association of persons, collective agreements must be concluded with each of the members of the partnership and each individual Member of the Association). 52. article. Life cycle costs (1) life-cycle costs include all or part of such product, service or construction cost of the life cycle: 1) costs incurred by the customer or other users, such as: (a)) with the purchase of a related costs, b) use charges (such as electricity and other resource consumption), c), (d) the maintenance cost) the end of the life cycle costs (such as collection and recovery costs); 2) product, service, or work cycle emerged and with environmental costs (for example, greenhouse gases and other pollutant emissions costs on climate change mitigation and adaptation to climate change in the cost of measures), if it can be expressed in terms of money and check. (2) the principal procurement documents the life-cycle cost calculation methodology and the calculation of the required data, which will be submitted to the applicant. (3) the environmental impact related to the methodology for the calculation of costs must satisfy the following conditions: 1) it is based on objectively verifiable and non-discriminatory criteria; 2) is available to all interested parties; 3) estimates the data are at the disposal of the supplier, including their suppliers, registered in a State which is not a Member State of the European Union, but is a World Trade Organisation agreement on government procurement or other European Union binding international treaty party, or is easily obtainable. 53. article. Unreasonably cheap offer (1) if the offer to the particular public works contracts, public supply or public service contract seems unduly cheap, the client requests an explanation of the proposed price or cost. (2) an explanation of the particular can relate to: 1), the production process of construction methods or cost of services; 2) designated the technical solutions and best works, the supply of goods or provision of services that are available to the tenderer; 3) proposed works, the characteristics of the goods or services and originality; 4) environmental, social and labour rights and the protection of the area of legal and labour collective agreements obligations; 5) obligations to subcontractors; 6 the applicant received business) support. (3) the principal, in consultation with the applicant, examine the explanations provided. The Subscriber has the right to require that the applicant submit prints from the State revenue service electronic declaration system for applicants and employees of the subcontractors indicated in the tender average hourly rates in the profession, if such data is collected by the State revenue service. (4) the customer refuses as unduly cheap, if the explanation provided do not support the applicant's proposed low prices or costs or if prices or costs do not include costs associated with environmental, social and labour rights and the protection of the area of legal and labour collective agreements the respect of obligations. (5) if the customer establishes that a tender is unduly cheap because the applicant received the support of the business, the offer after consultation with the applicant may be refused only on the basis that the applicant can not be set by the client within a reasonable period of time to prove that the business of aid is compatible with the internal market under the Treaty on the functioning of the European Union article 107. If the customer refuses, for this reason, it shall inform the European Commission and the procurement monitoring Bureau about the rejection of the offer and rejection reason. 54. article. Special rules for procurement in the field of road transport (1) Subscriber, purchase a vehicle, take into account the operational impact on energy and the environment, and to this end, assessed at least energy consumption and carbon dioxide, nitrogen oxides, methane-hydrocarbons and particulate matter emissions. (2) The vehicle category purchases apply the requirements of this article, as well as the vehicle operating cost calculation methodology is determined by the Cabinet of Ministers. (3) the first subparagraph of this article, the requirements the client executes in one of the following ways: 1) technical specifications include requirements for energy consumption and referred to in the first subparagraph the amount of emissions, as well as, if necessary, other aspects of the environmental impact; 2 assess the operational impact) on energy and environment factors in accordance with article 51 of this law in the second subparagraph of paragraph 1. The Subscriber is entitled to express these factors and evaluate in monetary terms, using the methodology established by the Cabinet of Ministers of vehicle operating cost calculation. 55. article. Specific provisions on energy efficiency (1) through the purchase of goods or services, for which the estimated contract price is equal to the contract price of the Cabinet of Ministers set out limit values or more, the direct authorities buy only goods and services that energy level is high. Direct regulatory authority may purchase the lower energy efficiency levels based on goods or services, taking into account the considerations related to cost-effectiveness, technical adequacy and sustainability. (2) the cabinet shall determine the direct procurement of regulatory action in the sliding on the energy efficiency of goods and services. (3) if the service provider in order to provide the service for which the public service is closed contract, purchase goods, which do not apply the second paragraph of this article, the requirements the requirements for energy efficiency services may not nominate. (4) If a direct regulatory authority purchased a set of the goods covered by the second part of the said requirements specified regulations on the labelling of goods that are associated with energy and other resource consumption, and these laws on labelling requirements for a given set of goods, it can impose requirements relating to energy efficiency, of the total, not each individual product energy efficiency. In this case, the direct regulatory authority purchased goods that meet the high level of energy efficiency in accordance with legislative provisions on the labelling of goods that are associated with energy and other resource consumption. (5) in the first subparagraph of this article, the obligations the performance of direct administration, technical specifications and other bidding documents including requirements relating to energy efficiency. The client, assessing the submitted tenders, you can assign points in the framework of the evaluation criteria when assessing product or service power consumption lifetime or compliance to the highest possible energy efficiency class. (6) the provisions of this article shall not apply to the procurement of the works area. Chapter VI of the General Agreement, dynamic purchasing systems, electronic auctions and electronic catalog, the application of article 56. General Agreement (1) on the conclusion of the General Agreement, the Subscriber will comply with this statutory procurement procedures at all stages up to the conclusion of the purchase contract under the agreement on the General. The client determines the General participants, taking into account the specific bid evaluation criteria. (2) under the agreement the general procurement contracts concluded under the fifth, sixth and seventh part. This procedure applies only to those customers and suppliers as the participants determine the general arrangement of the day. For the general arrangement, participants shall determine only the Subscriber indicated in the contract notice, the invitation to submit a proposal or bidding documents. (3) conclusion of General contracts under the agreement, the parties make substantial amendments to the General arrangement, in particular the fifth paragraph of this article, in the cases provided for. (4) the general agreement concluded for a period of up to four years, except for objective reasons (especially if it requires a purchase contract) requires a longer period. The client does not use a general agreement to limit competition. (5) If the general agreement concluded with a single supplier, under this arrangement the purchase contracts shall be concluded in accordance with the General provisions of the agreement. The conclusion of this contract, the customer may consult the supplier in writing, if necessary, require the supplement offer. (6) If a general agreement has been concluded with a number of suppliers, procurement contracts under the agreement the General switch in one of the following ways: 1) the application of General provisions of the agreement and without evaluating the bids, if the general arrangement is necessary for the relevant works, services and supplies and objective conditions of the supplier, who will check the conditions; 2) application of the General provisions of the agreement, including with respect to the General Agreement, and not evaluating or assessing the bids, if the general arrangement is necessary for the relevant works, services and supplies and certain direct purchase contracts and tendering cases and rules; 3) the evaluation of bids, where the general arrangement is not necessary for the works, services and supplies. (7) if the General rules of the agreement all the required conditions and offers should be evaluated again, these rules supplement, on the basis of the same (if necessary, adjust further) rules or other rules under the General Agreement of the technical specifications in accordance with the following procedure: 1) on the conclusion of the specific contracts, the contractor in writing to consult with suppliers that can perform the procurement contract; 2) Subscriber shall specify the period, which is sufficient for the submission of tenders in question, taking into account such factors as the complexity of the subject of contracts and the preparation of tenders, the time required; 3) tenders shall be submitted in writing to the applicant and the principal opening them up to the expiry of the time limit laid down for the submission; 4) Subscriber specific procurement contract shall be awarded to the tenderer who has submitted the best tender on the basis of the tender evaluation criteria stipulated in the General Agreement. 57. article. Dynamic purchasing system, purchasing a dynamic purchasing system shall apply in closed competitions. Dynamic purchasing system in the application of the rules and procedures established by the Cabinet of Ministers.
58. article. The application of electronic auctions (1) the Subscriber, open competition closed the competition and tendering procedure in the case of the negotiations may decide to apply the check before the bid electronic auction, where bidding documents, especially the technical specifications, can produce very accurate. The electronic auction may be held before the offer choices within the General Agreement in accordance with article 56 of this law sixth points 2 and 3, as well as before the tender at the choice of the dynamic purchasing system. (2) electronic auction object can be: 1) price or price and procurement procedures documents offers an element of the specified new value, if the tender evaluation criteria is price or cost effectiveness and to purchase the object of the contract quality criteria or lower costs by applying cost-effectiveness approach; 2 If the offer) price evaluation criteria is the only way. (3) If a decision on the holding of an electronic auction, the Subscriber to specify in the contract notice. (4) If the electronic auction shall be held, procurement documents, in addition to other messages also indicate: 1) electronic auction object characteristics, if these characteristics are measured and the value can be expressed in figures or percentages; 2) any limit values (which you can submit and change), taking into account the purchase contract technical specifications; 3) information, which will be made available to applicants during the auction, and, if possible, when the information is available; 4) necessary information relating to the Organization of electronic auction; 5) rules, applicants must comply with the electronic auction, in particular as regards minimum standards for the auction, which will be requested, if necessary; 6) required information about the electronic equipment used and the technical connection specifications. (5) before the launch of the electronic auction Subscriber shall make a full initial evaluation of the tenders in accordance with the established criteria for the evaluation of the bid. (6) the customer at the same time invite all tenderers who have submitted compliant tenders by electronic means to submit new prices or value. The invitation shall contain all the information you need about individual connection to the auction used electronic equipment contains a certain date and time, which will be launched in the electronic auction. The electronic auction may take place in several successive stages. It does not take about two working days after you sent the invitation to this auction. (7) the invitation shall be accompanied by a summary of the evaluation of the tenders and the invitation includes the electronic auction used mathematical formula or algorithm that reflects all the notional values of the criteria and in the light of the original criteria, will determine the redistribution of space using new values submitted and the price or prices only. In that formula, unless the offer is assessed only on the basis of price, includes all of the most economically advantageous bid evaluation criteria for the determination of weighting in accordance with the notice of contract or procurement procedures provided for in the documents. If the criteria assigned numeric values are specified within a certain range, they have to be given to a specific value. If you're allowed to offer variants, each version determines its formula. (8) in any phase of an electronic auction the customer continuously deliver news to all applicants, allowing them secure at any time to determine their relative location. The Subscriber can also provide details of other prices or values offered, if it is intended procurement documents. Subscriber may also at any time announce the number of members in a particular auction phase of the auction, but shall not be entitled to disclose the identity of the members. (9) electronic auction end Subscriber (subject to one or more conditions): 1) the date and time fixed in advance; 2) after the last promise, if passed in the call to the auction at the specified time and new promise at this time is not expressed; 3) if all the specified auction period above are completed. (10) if the customer wishes to terminate the auction pursuant to this article the ninth part, paragraph 2 and paragraph 3, the invitation to tender shall specify each auction phase. (11) When the electronic auction is complete, the client using these auction results, choose the offer in accordance with the established criteria of bid evaluation. 59. article. Electronic catalog application (1) the client may require the offering is filed in electronic form or quote the catalogue is included in the electronic catalogue, where it is provided that the offer will be submitted using electronic means only. If the offer is accepted or requested in electronic book form, the client indicates in the contract notice. The principal procurement documents the entire electronic document for receiving the required information, in accordance with article 36 of this law, including catalog, form required for electronic equipment to be used, the procedures and technical connection specifications. (2) the candidate or tenderer creates electronic catalog according to the procurement procedure documents. Offers in electronic book form, you can add other instruments that complement the offer. (3) the Subscriber may provide that repeated evaluation of tenders will take place on the basis of the updated lists, if the General Agreement has been concluded with a number of suppliers and bids were submitted to the electronic catalog form, using one of the following procedures: 1) the client shall invite applicants to re-submit electronic catalogs tailored to the specific requirements of the purchase contract; 2) Subscriber shall inform applicants that submitted the electronic directories will be created in a specific procurement contract custom offers according to the methodology established in the tender, provided for in the General Agreement, and shall indicate the quotation creation date and time, as well as inform the applicants about the right to express opposition to the establishment of such offer and determine a reasonable time a statement of objections. (4) the Subscriber uses the third part of this article referred to in paragraph 1, if the procedures the applicant objects to the third part of this article, the procedure referred to in paragraph 2. (5) the customer shall inform the applicant of the offer and created its content and determine a reasonable time to express opposition or quote approval. (6) the Subscriber may provide that a dynamic purchasing system offers in respect of procurement contracts shall be submitted in electronic form in the catalog. If the dynamic purchasing system used in this article, the third part of the procedure referred to in paragraph 2, the client application for the membership of the dynamic purchasing system, the procurement procedures laid down in the relevant documents in the electronic catalog, which fills the candidates after the Subscriber has announced the third part of this article, the procedure referred to in paragraph 2.
Chapter VII conclusion of contracts and execution of article 60. Purchase agreement (1) purchase agreement specifies the legal relationship between the customer and the supplier or customers or suppliers. The purchase agreement may determine the legal relationship between the customer and the supplier or customers or suppliers and subcontractors. (2) the client, preparing contracts, taking into account legislative requirements with respect to the subject matter included in the purchase works, supplies and services and procurement contracts shall specify: 1) the Subscriber's name; 2) supplier name; 3 the subject matter of the procurement) volume, quality requirements and other necessary information; 4) contract price and payment arrangements as well as if the customer had anticipated, the order of payment for subcontractors of this Act 63. in the case referred to in the article; 5) procurement contract deadline, location and conditions; 6) the Contracting Parties the responsibility for the damage caused and the non-enforcement of contracts; 7) offer specified in subcontractor and staff replacement and a new subcontractor and agenda of attracting personnel according to this law, the provisions of article 63; Amendment 8) procurement contracts and procedures permissible deviations from the purchase contract; 9) other provisions. (3) the customer is entitled to provide for special purchase agreement provisions mainly related to economic and social conditions, innovation or environmental protection requirements, provided that those provisions do not conflict with the European Union's directly applicable legislation in these areas and are indicated in the technical specifications or in the contract notice or the procurement procedures and documents related to the subject of the contracts. The principal procurement contract can be used in the preparation of sectoral expert or organization developed guidelines for the conduct of procurement and contracting, as well as a standard. Closing a purchase contract, are proportionate to the Contracting Parties of the rights and legal interests. (4) contracts shall be concluded for a period not exceeding five years. The Subscriber is entitled to conclude contracts for a longer time, if there is any of the following conditions: 1) it is for the other laws; 2) it is essential to purchase required for the enforcement of the agreement with the subject of the contracts directly related to technical or economic conditions. In this case, before the commencement of the purchase, which is the direct customer administration, need to get the permission of the Cabinet, but the principals that are direct administrative authority — derived public person concerned of an organ. (5) in the fourth paragraph of this article, in the cases referred to the principals in the notice of contract award shall state the grounds of the existence of circumstances which give the right to conclude contracts for a longer period of time. (6) the purchase contract or the general agreement concluded not earlier than on the working day following the end of the standstill period, if the procurement monitoring Bureau has no 68 of this law in accordance with the procedure laid down in article filed application for procurement irregularities. (7) in the sixth paragraph of this article, the waiting period is: 1) 10 days after the day on which this Act article 37 referred to in the second paragraph of information sent to all tenderers electronically via a secure electronic signature or by adding electronic mail scanned documents, faxes, or transferred to a person, and in addition to one working day; 2) 15 days after this law article 37 in the second paragraph, the date of the transmission of that information if any applicant it sent by mail, and in addition to one working day. (8) If the seventh part of this article referred to in paragraph 1, and the tenth day referred to in paragraph 2 of the fifteenth day is a Saturday, Sunday or statutory holiday, the standstill period renewable for one working day. (9) the purchase agreement or the General Agreement may conclude, subject to this article not sixth, if: 1) the only tenderer is awarded a procurement contract and not of the candidates or who would be entitled to submit an application under article 68 of this law in the order; 2) is in annex 2 of this law established the social and other special services for customers of unforeseeable exceptional circumstances; 3) negotiation procedure is applied; 4) contract under the agreement on the General switch in accordance with this law or in article 56.59; 5) of a contract concluded within the framework of a dynamic purchasing system in accordance with article 57 of this law. (10) no later than 10 working days after the date of entry into force of the procurement contract or amendment thereto, the customer in your buyer profile in procurement contracts, respectively, general arrangement, body text or to a general agreement, the contracts concluded in the text if the contract price is equal to the contract price of the Cabinet of Ministers set out limit values or greater, or the text of the amendments to contracts and article 61 of this law in the second and third part purchase agreement referred to in the justification of amendments According to the laws of the procedures laid down pursuant to the requirements of the protection of their business secrets. Purchase contract and its amendments, the text is available on the buyer profile at least throughout the purchase contract period, but not less than 36 months after the entry into force of the procurement contract. 61. article. Procurement contracts or general amendment of the agreement (1) procurement contracts or general agreement amendments are allowed if they do not change the purchase contract or general the general character of the arrangement (type and procurement documents target) and meet one of the following cases: 1) is not material; 2) is essential and is only referred to in the third subparagraph, in the cases; 3) amended this article is the fifth in the case referred to, regardless of whether they are essential or non-essential. (2) procurement contracts or amendments to the General Agreement is significant in any of the following cases: 1 the amended purchase agreement) or the general terms of the agreement, if they were designed for procurement documents, allow different submission of tenders or other participation of candidates or tenderers in procurement procedures or choices; 2) economic equilibrium (for example, allocation of risk and the compensatory measures) foreseen by the contract or purchase agreement, General changes in the procurement procedure in the interests of the successful tenderer; 3 in the purchase contract) includes supplies, services or works which originally concluded the purchase contract or agreement in General; 4) procurement procedure successful tenderer (Contracting Party) shall be replaced by another supplier. (3) the relevant contracts or amendments to the general arrangement is permissible in the following cases: 1) procurement documents and contracts or general agreement clearly and explicitly provides for the possibility of amendments, the conditions under which amendments are permissible, the extent and the nature of the amendment. The following provisions on amendments can refer to revision of the contract price, choice, as well as to other procurement contracts or general aspects of the implementation of the agreement; 2) Subscriber needs additional work, service or supply that were not included in the original purchase, and switching-induced a significant increase in costs, and it can make the economic or technical reasons as the substitutability or compatibility with the original purchase of the already purchased equipment, services or equipment, or a change of supplier would create considerable difficulties; 3) amendments of contracts are required for reasons that the customer could not predict beforehand; 4) procurement procedure successful tenderer (Contracting Party) replaced the supplier according to the commercial areas of regulatory provisions for the reorganization of economic operators and the company's transition, and the supplier complies with the notice of contract or procurement procedures laid down in the documents, qualification requirements, and is not covered by this law, the first subparagraph of article 42 in the exclusion provisions of this law, as well as the second paragraph of article 42 in the exclusion rules that the client originally contained a notice of contract or procurement document. (4) the contract price increase to the third part of this article 2 and 3 above in the case of the amendment may not exceed 50 percent of the initial the purchase agreement contract. (5) procurement contracts or general agreement amendments are permissible if the purchase contract, or the amendment of the General Agreement in the value determined as all the consecutive amendments value for money amount (not taking into account the value of the amendments, which were made in accordance with the third paragraph of this article 1, 2 and 3), while not achieving: 1) Cabinet established contract price thresholds, starting with which the contract notice published in the official journal of the European Union; 2) 10 percent of the original purchase agreement or general agreement the contract price and the delivery of public services to the public in the event of a contract and 15 per cent of the original contract or purchase agreement general contract public works contract case. (6) if the purchase contract provides for the contract price indexation, this article fourth and fifth in the part of the original contract price of the purchase contract is the contract price, indexed. (7) the customer shall publish a notice of any change to the duration of the contract in accordance with article 33 of this law. (8) contracts and amendments to the general agreement that is not according to the first paragraph of this article are applicable in this case, the statutory procurement procedures. 62. article. The contracts involved in personnel and subcontractor replacement and new staff and subcontractors Association (1) the successful tenderer in the procurement procedure (procurement contracts or General party agreements) shall not be entitled without coordination with the client to make the staff indicated in the offer and sub-contractors and to involve additional subcontractors in the performance of the procurement contract. The Subscriber may request the staff and the view of the subcontractors replacement. A Subscriber can purchase agreement or general arrangement provide that the procurement procedure to the successful tenderer (procurement contracts or general arrangement the party) has an obligation to coordinate with your additional personnel involved in the performance of the procurement contract. (2) staff indicated in the offer replacement may only purchase agreement or general arrangement specified order and cases. The Subscriber does not agree with the replacement of the staff indicated in the offer to purchase agreement or general arrangement in specified cases, and cases where staff does not meet the proposed procurement documents personnel requirements or does not have at least the same as the qualifications and experience of staff, which was assessed by determining the most economically advantageous tender.
(3) the customer does not agree with the subcontractors indicated in the offer, if there is a change to any of the following conditions: 1) proposed subcontractor does not comply with the procurement documents requirements for subcontractors; 2) is changed to the subcontractor opportunities procurement procedure based on the successful tenderer, to demonstrate your qualifications for the notice of compliance with the contract and procurement documents requirements and the proposed subcontractor does not have at least the same qualification, on a procurement procedure refer to the successful tenderer certifying its compliance with the procurement procedure to the requirements that it complies with article 42 of this law in the first or second part (according to the customer's specified in the contract notice or the procurement documents) that the exclusion of tenderers; 3) proposed subcontractor who works or services value is at least 10 percent of the total value of the contracts, comply with article 42 of this law in the first or second part (according to the customer's specified in the contract notice or the procurement documents) that the exclusion of tenderers; 4) as a result of a change of subcontractors is done in the amended proposal of the applicant that, if the original should be included, would affect the choice of offer according to the procurement procedures laid down in the tender documents, evaluation criteria. (4) the customer does not agree with the new subcontractor attraction when such changes, if they occur in the original offer would have affected the selection of the offer according to the procurement procedures laid down in the tender documents, evaluation criteria. (5) compliance with the examination of a new subcontractor, the contractor applied this law, the provisions of article 42. 42. This law provided for in the third subparagraph of article deadlines from the date of the request for the replacement of the subcontractor filed a Subscriber. (6) the customer shall adopt a decision to authorise or refuse the selected tenderer in the procurement procedure (procurement contracts or general arrangement) or subcontractor personnel replacement or new involvement of subcontractors in the performance of the procurement contract as soon as possible, but no later than five working days after you have received all the information and documents necessary for the decision in accordance with the provisions of this article. 63. article. Subcontractors (1) the Subscriber to verify that the supplier will be able to execute the purchase agreement, is entitled to require the applicant to indicate in his tender the purchase contract which parts will be subcontractors for the performance, as well as all prospective subcontractors. (2) the Subscriber requests the applicant to indicate in his tender any of their subcontractors, which works or services value is 10 percent of the total value of the contracts or greater, and each such subcontractor execute the transferred contracts. (3) the works to Subcontractors or the total value of the services to be determined by taking into account all the subcontractors and purchase its affiliates as part of the works to be carried out or the services to be of value. The meaning of this article on the related companies is considered a corporation in which, in accordance with the Group's status in the laws and regulations is a major effect of the subcontractor or subcontractors is crucial impact, or a corporation in which the critical effect is another corporation, which is a decisive impact at the subcontractor. (4) a public service contract if the services are provided to a subscriber object and a public works contract in case the customer requests to purchase the award and not later than the opening performance of the procurement contract, the Tenderer shall submit construction or subcontractors involved in provision of the services (if any are planned to involve) the list of subcontractor name, contact details and pārstāvēttiesīg person, insofar as such information is known. The list shall also indicate the subcontractors of the supplier subcontractor. The Subscriber requests that purchase during the execution of the contract, the supplier shall notify the customer of any changes to that information, as well as supplement the list with information about the subcontractor is later involved in the works or services. (5) the Subscriber may purchase procedure documents provide that public works contract in the case at the request of a subcontractor of a subcontractor payments for services, supplies or works supplier, which it has adopted and which the due date is delayed, if the customer has not paid all the contract price due to supplier, the customer on the invoice submitted by the subcontractor base transferred directly to subcontractors and for the corresponding amount will be reduced next to a vendor. The Subscriber before the invoice due by the subcontractor shall notify the supplier of such request and allow him to comment on the merits of the request. The order in which payments are to be carried out and an exchange of information with suppliers and subcontractors, the contractor provides a purchase contract. (6) in the first and fifth in the order provided for in part does not affect the issues relating to the supplier's liability for the execution of contracts. 64. article. Early termination of contracts (1) the customer has the right to unilaterally withdraw from the Treaty before the deadline, by sending a written notification to the supplier, procurement contracts and provided for in the following cases: 1) are committed in contracts for essential amendments are inadmissible in accordance with article 61 of this law, the first paragraph; 2) purchase contract has not been concluded according to the procurement procedure documents the rules have changed significantly, or procurement contracts contain provisions of the draft; 3) purchase for the award of the contract the supplier at the time was appropriate to one of the article 42 of this law the exclusion referred to in the first subparagraph and was excluded from the procurement procedure; 4) procurement contracts awarded to the supplier does not have to be granted on the basis of the Treaty on European Union, the Treaty on the functioning of the European Union and the obligations provided for in this law, a fundamental breach, which the Treaty on the functioning of the European Union the procedure laid down in article 258 of the finding of the Court of Justice of the European Union. (2) if the purchase contract is terminated before the date referred to in the first subparagraph in cases, the Subscriber pay for supplier's actual works, supplies and services. The client and the supplier agree on the amount of payment and order. Chapter VIII the procurement monitoring Office article 65. Procurement monitoring Bureau legal status of (1) the procurement monitoring Bureau is subordinated to the Ministry of Finance's direct public administration institution that operates in accordance with this law, the procurement monitoring Bureau rules and regulations. (2) the procurement monitoring activities of the Office are financed from the State budget. (3) the procurement monitoring Bureau is functionally the highest authority with regard to this law, the first paragraph of article 66 of the functions referred to in paragraph 2. 66. article. The procurement monitoring Bureau (1) the procurement monitoring Bureau has the following functions: 1) monitor this law article 8, referred to in the first subparagraph, procurement procedures, competition and the law article 10 compliance with procurement regulations; 2) to examine the submissions on article 8 of the law referred to in the first subparagraph of procurement procedures, competition and the law referred to in article 10 of the procurement irregularities; 3) provide methodological assistance and advice and training for customers, vendors, lessors of goods, works and services to participants in the public procurement regulatory application of law; 4) examine the administrative infringement cases public procurement and public-private partnerships in the field and apply administrative penalties; 5) provide information input and restore the registry in certificate online (e-Certs); 6) other laws and specific functions. (2) the procurement monitoring Bureau has the following rights: 1) request and free of charge to receive full information on any procurement and contracts; 2) to collaborate with foreign institutions and non-governmental organizations; 3) invite independent experts and experts of the purchase. 67. article. Application to the Commission (1) applications for breach of the procurement procedure, examine the procurement monitoring Bureau created a submission, the Commission (hereinafter referred to as the Commission) of three members. The members of the Commission are the procurement monitoring Bureau officials. The President of the Commission meet the criteria referred to in the second paragraph, and at least one member of the Commission is academic or second level professional higher education in law. For the consideration of submissions, the procurement monitoring Bureau may call upon any expert or experts of the purchase. (2) the Commission's work, the President of the Commission, which meets the following criteria: 1) he has the academic or second level professional higher education in law or Management Sciences or economy; 2) he has at least one year of work experience in the application of procurement irregularities. (3) a member of the Commission, any expert or experts may not be the person who previously provided advice on the application of the purchase referred to in or are interested in getting permissions to a procurement contract or the conclusion of the General Agreement, or is related to the applicant, or other bidders. Before the consideration of the application, all the members of the Commission, expert and expert in the signature. The meaning of this article, the Member of the Commission, expert and expert is related to the applicant, or other candidates if he is: 1) a legal person, the applicant or the applicant's or owner's family, officers; 2) natural persons — principal applicant or applicants — other relatives; 3) — the legal person applicant or applicants — current or former employee, officer or owner who stopped working relationship or the relationship with the applicant or another applicant for a period of less than 24 months, or their kin. (4) the Commission decision to be adopted by vote. In making its decision, the members of the Commission are independent and are subject only to the law. Proficient and expert meetings of the Commission shall participate without voting rights, and shall be expressed to the Commission an independent professional opinion on the application during the examination findings or give an opinion on questions of the Commission. Chapter IX procedures for submissions to be considered for procurement irregularities article 68. The right to submit an application for procurement procedures (1) a Person who is or has been interested in getting permissions to enter into a procurement contract or the General Agreement or claim to purchase the award of the contract and which in relation to procurement procedures covered by this law, considers that its rights are infringed or is likely this delict caused any of the laws of the European Union or other violations of the laws and is entitled to submit an application for the selection of the candidates or the rules, technical specifications and other requirements that apply to the specific procurement procedure, or for the purchase of a customer or Commission at the time of the procurement procedure. The meaning of this chapter on the procurement procedure constitutes the law referred to in article 10 of the purchase procedure and took the contest. (2) the application of the first paragraph of this article the infringements (except in the third paragraph of this article means) the procurement monitoring Bureau you can submit up to purchase the contract or the conclusion of the General Agreement in the following time limits: 1) within 10 days after the date of this law, in article 37 that information sent electronically to the person concerned, through a secure electronic signature or by adding electronic mail a scanned document or a fax or passed personally; 2) within 15 days after the date of this law, in article 37 that information sent by post to the person concerned; 3) 10 days after the date when this law article 30 referred to in the first paragraph of the notice published in the official journal of the European Union. (3) application for procurement requirements included in the documents can be submitted to the following time limits: 1) no later than seven days before the final date for submission of tenders, in respect of the tender rules and included in the notice of contract requirements; 2) not later than four working days before the expiry of the deadline for submission of tenders, in respect of closed competition selection rules and the candidates in the contract notice, the invitation to dialogue in documents and in the contract notice or tender documents and to negotiations of the contract notice or the innovation partnership procedures and documents included in the notice of contract requirements; 3) not later than four working days before the final date for submission of tenders, in respect of a closed competition, invitation to dialogue, to negotiations of the tender procedure or innovation partnership procedures included in the invitation; 4) not later than seven days before the expiry of the deadline for casting, cast to the contest rules and the communication on the cast included tender requirements; 5) not later than two working days before the final date for submission of tenders, in respect of the purchase documents requirements included this law, procurement referred to in article 10. (4) the application of the procurement monitoring Bureau you can submit, by taking it personally or by sending by mail, fax or electronically via a secure electronic signature or by adding electronic mail a scanned document. The application shall be deemed to have submitted to the procurement monitoring Bureau in the second and third subparagraphs, the period prescribed if it procurement monitoring Bureau received: 1) not later than the last day of the time limit, if sent by fax or electronically via a secure electronic signature or by adding electronic mail a scanned document; 2) not later than the last day of the term of the procurement monitoring Bureau during business hours if sent by post or handed in person. (5) the application shall be submitted in writing, and shall be the following: 1) the applicant's name and address; 2 the Subscriber) name and address of the submission; 3) name of the procurement procedure and the award identification number; 4) facts which are the subject of the application, specifying the breach; 5) legal basis of the application; 6) the applicant's claim. (6) the procurement monitoring Bureau within one working day of receipt of the application for procurement irregularities, inserts details of it in your tīmekļvietn, indicating the principal applicant, Subscriber and procurement procedure, which the applicant contests the legality, as well as inform the Subscriber of the administrative proceedings, sending notice of application received and a copy of the application to the customer's specified fax number or electronic mail address, and the client fails to switch contracts or general agreement pending the decision of the Commission on the results of the examination of the application, or the termination of administrative proceedings. (7) where the application is submitted in respect of the requirements set out in the tender regulations or in the contract notice or in the tender enclosed in the invitation to tender, then the Subscriber acting Cabinet. (8) If an application is submitted for a Subscriber with respect to the legality of the purchase procedure and the application of the same procurement procedure has already been submitted by another applicant, but it has not yet been addressed, these applications can be combined and considered together. (9) the applicant is entitled to withdraw his application, in writing, at any time, as long as the Commission has not taken a decision on the application. 69. article. Leaving the application without examination (1) the procurement monitoring Bureau is entitled to leave the application without examination in any of the following cases: 1) the application does not comply with article 68 of this law in the first, second, third, or fifth; 2) in the case of a procurement procedure concerning the same subject and on the same basis had already been submitted and examined the application; 3) contained in the application is manifestly insufficient to meet the claims of the applicant, or the application is obviously to be rejected on the merits; 4 Article 70 of this law) the fourth part in the case. (2) the decision may be appealed to the Court of Justice of the administrative procedure law. Appeal shall not suspend the decision action. 70. article. Deposit (1) submitting an application in article 68 of this law established, or submit a deposit is payable. (2) the applicant is entitled to pay as a deposit of a sum of money or to submit as a bank guarantee or insurance policy. (3) the deposit is 0.5 percent of the estimated contract price, but not more than 15 000 euro public works contract case and 840 euro public service agreement and in the case of supply contracts. If the estimated contract price cannot be determined or is not specified in the procurement documents, public works contract in case the deposit is € 3400, but the public service contract and in the case of supply contracts, 840 euro.
(4) After receipt of the application to the procurement monitoring Bureau in one working day, check deposit at the time of receipt of payment or the fact of submission. If the deposit has not been received or payments submitted procurement monitoring Bureau is entitled to leave without hearing submissions. (5) the procurement monitoring Bureau shall repay the deposit payment or deposit shall be returned to the applicant within five working days after the submission of the revocation: 1) if the applicant has withdrawn an application to the Commission for consideration, on the basis that the customer has prevented the application of the above irregularities; 2 a copy of the judgment of the Court), the case of a judgment which has the force of res judicata of the court ordering payment of deposit repayment to the applicant; 3) once the decision on the application is notified of the abandonment without examination; 4) after the entry into force of the decision to deny the client conclude contracts or general agreement or cancel customer's decision on the termination of the procurement procedure. (6) this article shall not apply if the application challenged the termination of the procurement procedure or procurement procedure documents. (7) the cabinet shall determine the deposit payment or reimbursement or submission and check-in procedures. 71. article. Examination of application (1) the Commission shall examine the application within one month of receipt of the procurement monitoring Bureau. If objective reasons this time limit cannot be met, the Commission may be extended, on notice to the applicant, the applicant whose proposal chosen in accordance with the established criteria for the evaluation of the offer (hereinafter the participants) and the customer. (2) in considering an application for procurement irregularities, the Commission may, by decision,: 1) allow to conclude the purchase contract or general agreement and maintain the procurement documents or purchase requirements Commission decision, if the application is unfounded or unjustified, but the irregularities found by the Commission cannot affect the decision on the purchase contract award; 2) prohibit to close the purchase agreement or the agreement on the General, if the customer has not adhered to this law, the requirements of article 37; 3) prohibit the purchase agreement or to conclude a general agreement and cancel the procurement documents or purchase requirements Commission decision in whole or part thereof, if the application is justified and irregularities found by the Commission could affect the decision on the purchase contract award; 4) to maintain the Subscriber or purchase a Commission decision on the termination of the procurement procedure or, if the application is unfounded; 5) cancel the purchase decision of the Commission about the termination of the procurement procedure or, if the application is based. (3) the second paragraph of article 2, 3 and 5 in the cases referred to in paragraph, the Commission may decide on measures to prevent the irregularities found. The Commission may ask the contractor to stop purchasing procedure only if the removal of the principal procurement irregularities cannot be avoided otherwise. (4) If the hearing of the application, the Commission notes that the application was rejected without examination, it is able to accept the decision on administrative matters. If the applicant withdraws the application, the administrative procedure shall be deemed to have been dismissed. (5) the procurement monitoring Bureau will be invited to sit for the examination of the application, the publication of a call for participants in their tīmekļvietn at least three working days in advance. The invitation shall be deemed to have been notified on the working day following that of its publication in the procurement monitoring Bureau tīmekļvietn. If a member of the procurement monitoring Bureau has announced an electronic mail address to which to send the invitation, the procurement monitoring Bureau information about consideration of the application of session participants also sent by e-mail no later than the date of the invitation published in the procurement monitoring Bureau tīmekļvietn. (6) the Commission consulted all the members present. After hearing the participants continue to work without the presence of participants. (7) the Commission shall assess the application based on the applicant and the members of the above facts, the principal explanations and expert opinion or opinion. If the parties have not come to the hearing of the application, the Commission shall examine the application on the basis of the facts available to it. The Commission shall take a decision and within three working days following its adoption and puts it on the procurement monitoring Bureau tīmekļvietn. The decision shall be deemed to have been notified on the working day following that of its publication in the procurement monitoring Bureau tīmekļvietn. (8) Commission decision specifies the following information: 1 the establishment of the grounds); 2) Commission members and experts who participated in the meeting of the Commission; 3), the principal applicant and other participants, the representatives of which participated in the meeting of the Commission; 4) the identification number of the procurement procedure, for the application; 5) facts which are the subject of the application, and the applicant's claim; 6) main applicant and principal arguments; 7 reasons for decision); 8) appropriate legal provisions; 9) customer obligations and time-limits imposed as it enforceable, if the Commission decides on the measures for the prevention of infringements detected; 10) the prohibition or authorization the client conclude procurement contracts; 11) where and what time period this decision can be appealed. (9) where the Commission has decided on the measures for the prevention of infringements detected, Subscriber correcting irregularities, makes a decision and notifies you of the amendments to the procurement documents, and submit it to the amendments or notify you of the results of the procurement procedure. The decision to publish the article 34 of this law in accordance with the procedure laid down, as well as send the procurement monitoring Bureau all the information on the decision and the Commission's prevention of infringements detected. In the case of contracts concluded pursuant to article 60 of this law the provisions of the sixth part. 72. article. Appeals against decisions of the Commission (1) the Commission's decision may be appealed to the District Administrative Court of the administrative procedure law. The case heard by a Court of three judges. (2) Administrative District Court ruling can be appealed in cassation the Supreme Court's Administrative Department. (3) appeals against decisions of the Commission shall not suspend its activity. Chapter x General Purchase Agreement or recognition agreement void, amendment or withdrawal of the provisions or contracts or general arrangements, article 73 of the shortening. Submission and adjudication of contracts or general recognition agreement void, the provisions of the amendment or cancellation of the contract or purchase agreement general shortening (1) an application for contract or purchase agreement General Declaration of invalidity, the amendment or cancellation of the contract or purchase agreement general shortening can submit article 68 of this law the person referred to in the first subparagraph of article 74 of this law, the cases referred to in the first subparagraph. (2) an application shall be submitted to the administrative district court, where the case is heard by three judges. The application and consideration of the Administrative Procedure Act apply to the rules, including the rules on public contracts, the Court insofar as this law provides otherwise. (3) the application of this law article 74 of the infringement referred to in the first subparagraph the following time limits: 1) six months after the purchase contract or general date of conclusion of the agreement, with the exception of paragraph 2 of this part "a" and "b" cases referred to; 2) within 30 days after the date of: (a) the procurement monitoring Bureau) tīmekļvietn or the official journal of the European Union, if the purchase contract price is equal to the Cabinet's contract price thresholds laid down or more, published the notice of award of contract, in which the Subscriber is a justification for the decision included granting rights to conclude the purchase contract or agreement, not a general publication of a contract notice, (b)) informed the tenderers concerned Subscriber on purchase of the contract or the conclusion of the General Agreement showing 37. this law, then the second paragraph of article 1 or the information referred to in paragraph 2, or the applicant for the purchase of the contract or the conclusion of the General Agreement, specifying its application the reasons for the rejection. This applies also to 74 of this law, the first paragraph of article 5 and 6 cases provided for in paragraph 1. (4) at the same time with the application or at the hearing the applicant during the administrative procedure, in the cases stipulated by law and can ask to apply for interim relief. (5) the administrative district court ruling can be appealed in cassation the Supreme Court's Administrative Department. (6) If the application for contract or purchase agreement General Declaration of invalidity, the amendment or cancellation of the contract or purchase agreement general shortening are based on the case that is not mentioned in article 74 of this law, an application shall be submitted to the Court of general jurisdiction in civil law. 74. article. When the purchase agreement or the General Agreement may be declared invalid, amend or rescind it or shorten the contracts or arrangements on the General term (1) the Court or the purchase agreement General Agreement may be declared invalid, amend or rescind it or shorten the contracts or arrangements on the General term in any of the following cases: 1) procurement contracts or agreements concluded in General without applying this law article 8, first paragraph, the procurement procedure laid down in this law or in article 10 of the purchase referred to in the order, if the customer had to be applied; 2) procurement contracts or general agreement concluded, not unreasonably the awarding of procurement contracts or general agreement without publication of the contract notice procurement monitoring Office tīmekļvietn or the official journal of the European Union, if the purchase contract price is equal to the Cabinet's contract price thresholds laid down or more; 3) procurement contracts or agreements concluded in General, not subject to this law, article 60 of the sixth part of the time limits laid down; 4) procurement contracts or general agreement concluded in breach of article 68 of this law the prohibition laid down in the sixth paragraph of the concluding contracts or general agreement; 5) purchase contract, according to article 56 of this law sixth requirements if particular procurement contract price of the contract is equal to the Cabinet's contract price thresholds laid down or more; 6) purchase contract, the Cabinet of Ministers regulations governing the dynamic purchasing system, the establishment and operation of the procedures if a specific procurement contract price of the contract is equal to the contract price of the Cabinet of Ministers set out limit values or higher. (2) the first subparagraph of this article 1. or 2. in the cases referred to in point a purchase agreement or the General Agreement is recognised as void, modification or repeal their rules, not shorten procurement contracts or general agreement term is also allowed to breach of the law, if the following conditions occur simultaneously: 1) the Subscriber has published this law article 30 notification referred to in the first subparagraph; 2) procurement contracts or general agreement was concluded not earlier than after 10 days and in addition to one working day from the date of this law, article 30 the first part of the statement published in the procurement monitoring Bureau tīmekļvietn; 3) have been complied with article 68 of this law in the sixth part the prohibition to conclude the purchase agreement or the General Agreement. (3) the first paragraph of this article 5 or 6 in the cases referred to in paragraph do not recognize the purchase contract void, modification or repeal the rules, do not shorten the term to also allow for the violation of the law is, if the following conditions occur simultaneously: 1) the Subscriber has notified the applicant under article 37 of this law; 2) specific procurement contract pursuant to article 60 of this law in the sixth part of the deadline; 3) have been complied with article 68 of this law in the sixth part the prohibition to conclude the purchase contract. 75. article. Judgment of the Court of Justice on the purchase agreement or the General Agreement (1) if the Court finds that the purchase agreement or arrangement concluded in General breach of rules of law, and concludes that the application is granted, pursuant to the conditions of this law, even choose one of the following ways: 1) the judgment recognises procurement contracts or general agreement void from the moment of conclusion; 2) amend or revoke the purchase contract or general agreement. Adoption of this judgment, in addition to shorten procurement contracts or general agreement; 3) shortened contracts or general agreement. (2) the Court, choosing one of the judgments referred to in the first subparagraph, is not connected with the applicant's indicated in the application object and the boundaries of the claim. (3) the Court, selecting the first paragraph of this article, 1 or 2, paragraph type to assess which way the judgment case is sufficiently effective, proportionate and dissuasive in order to ensure that the Subscriber does not allow further violations of this law. The first part of this article, paragraph 3 of this article shall be adopted by the Court only in the fourth and fifth in the cases referred to in part. (4) the Court does not accept the first paragraph of this article, 1 or 2 points, if the judgment is in the public interest to maintain the contracts or arrangements on the General consequences. The financial consequences (for example, the cost of the absence of enforcement, artist Exchange, penalties, or other legal obligations) are not, in themselves, constitute a sufficient basis for the first part of this article 1 or 2 are not referred to in the judgment. (5) if the purchase agreement or arrangement concluded in General, according to article 60 of this law in the fifth subparagraph, deadlines or in violation of this law, article 68 of the prohibition laid down in the sixth part to close the purchase agreement or the General Agreement, and it is found that the procurement procedure until a decision on the winner's discovery has been made in accordance with the requirements of this law and that decision is not affected by the applicant's chances of getting a contract award who submitted the application, the Court accepts the first part of this article 2 or 3 paragraph of that judgment. (6) when any of the first paragraph of this article 1 and referred to in paragraph 2, the judgments, the Court decides on the validity of the purchase agreement, concluded on the basis of the General Agreement. (7) the Court shall send a copy of the judgment of the procurement monitoring Bureau and the Ministry of finance. Chapter XI the tort, article 76. (1) damages for damage to the administrative procedure shall be made in accordance with the administrative process and the public authorities for damage reimbursement procedure regulating legislation. A case in tort proceedings in order examine the Administrative District Court of three judges. (2) If a reimbursement is required by this law, at the same time as provided for in article 73 of the claim, the Court shall decide the appropriate application and assuming any of this law, article 75 of the judgment referred to in the first subparagraph. The existence of such losses and claims for reimbursement the burden of proof lies with the applicant. After the date of entry into force of the judgment of such damages may request the civil order. (3) when submitting an application to the procurement monitoring Bureau in accordance with article 68 of this law, damages are sought. The damage caused by a Subscriber can request the submission of the application at the Court or with the principals of national regulatory authorities to compensate losses suffered by the regulatory legislation. Chapter XII Statistics reports and administrative cooperation article 77. Statistical reports subscriber each year up to April 1, submit procurement monitoring Bureau for statistics of the Cabinet of Ministers. The Cabinet of Ministers shall determine the content of the statistical report. 78. article. Online register of certificates your customers can use the certificate online (e-Certs) to get information about registered in a Member State of the European Union (permanent resident) suppliers competent institution served certificates and other documents. 79. article. Administrative cooperation for the provision of information exchange to achieve the objective of this law the competent authorities of Latvia shall cooperate and consult with the other Member States of the European Union authorities to obtain and see the necessary information from the Member States of the European Union issued documents and their content. Chapter XIII miscellaneous provisions article 80. The decision on the ban on public officials to take posts in order (1) the procurement monitoring Bureau is one of the working days of the decision in the administrative proceedings the infringement notification to the person who is subject to a prohibition to hold public officials, of the decision taken shall inform all the authorities that the person occupying the position of the public official, as well as the higher authority (except in higher institutions or higher institution are not Cabinet) or capital owners or holders If the institution is a corporation. (2) after the decision of the administrative offence proceedings, which suited the prohibition to occupy State officials positions, has entered into force, the person who called to administrative responsibility, is prohibited until the deadline specified in the decision to occupy the positions of public officials whose duties include decision making public procurement and public-private partnerships in the field or procurement contracts, general arrangement, partnership contracts or concession contracts, as well as to take the relevant decisions and conclude the appropriate contracts. The institution in which the person occupying the position, State officials have a duty to ensure that the person above does not hold the positions, the decision shall not be accepted and the contract is not concluded. (3) within three working days after receipt of the decision of the administrative offence case is subject to a prohibition to occupy positions of public officials, has come into effect, the procurement monitoring Bureau will forward this information to the first part of this article the said institutions, as well as publication management system shall be published in the administrative liability called her name, conceived at the time of the offence, and the institution where this post conceived as well as the deadline by which the execution takes place. Publication information management system provides up to date when the execution ends. 81. article. For works contracts, the application of the nomenclature If this law referred to in annex 1 of the nomenclature of the CPV the purchase data different from NACE nomenclature established by the Commission on 19 December 2001, by Regulation (EC) No 29/2002 amending Council Regulation (EEC) No 3037/90 on the statistical classification of economic activities in the European Community shall apply the relevant CPV nomenclature. Transitional provisions 1. With the entry into force of this Act shall terminate public procurement law (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2006, nr. 10, 6. No; 2007; 2009, no. 17; Latvian journal 2010, nr. 91.; 2012, 24, no. 109; 2013, 129, 183, 194. No.; 2014, 175, 204. no; 2015, 107, no. 242.; 2016, 52, 95. no). 2. If the purchase or procurement procedure or decision has been announced on the purchase or launching a procurement procedure, if the purchase or procurement procedure need not be issued, is taken before this law enters into force, then purchase or procurement procedure f, including the disputed or appealed, in accordance with the provisions of the Act that was in force in the purchase or procurement procedures for its promulgation or adoption of decision on the day of the launch of the , with the exception of the provisions contained in this law article 28, second paragraph, article 29, article 30, first paragraph and the second paragraph of article 31. The General Administration of the arrangement in accordance with the provisions of the Act that was in force in the purchase or procurement procedures and the date of promulgation as resulted in general agreement. 3. Article 39 of this law, the first paragraph shall apply: 1) for centralized procurement activities procurement institutions, for which the estimated contract price is equal to the contract price of the Cabinet of Ministers set out limit values or more, from April 18, 2017; 2) with respect to procurement procedures, the estimated contract price is equal to the contract price of the Cabinet of Ministers set out limit values or more, from October 1, 1869; 3) with respect to procurement procedures, the estimated contract price is less than the Cabinet established contract price thresholds from 1 April 2018; 4) for 9 and 10 of this Act referred to in article purchases from 1 January 2019. 4. the Cabinet of Ministers by 2019. April 30 issue 44 of this law in the third subparagraph of article these provisions. 5. Article 18 of this law, the first subparagraph shall apply from 1 June 2017. 6. the procurement monitoring Bureau publication management system published this law in article 80 of the information referred to in the third subparagraph of all decisions in cases of administrative infringements, public procurement and public-private partnerships in the area, which is subject to a prohibition to occupy positions of public officials, which have entered into force and which has not been completed yet. 7. If the decision of the administrative offence proceedings, public procurement and public-private partnerships, where appropriate, the prohibition to occupy positions of public officials have notified the person who called to administrative responsibility, before the entry into force of this law, and it has not yet entered into force, article 80 of this law a duty referred to in the first subparagraph in respect of this decision of the procurement monitoring Bureau will run until 10 March 2017. 8. the statistical reports for 2016 submitted by applying the principals Cabinet 2016 March 1 Regulation No 121 "rules on official statistics form samples, procurement and submission form and fill in the order". Informative reference to European Union directives, the law includes provisions resulting from: 1) of the Council of 21 December 1989 directive 89/665/EC on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts; 2) of the European Parliament and of the Council of 11 December 2007 of Directive 2007/66/EC, Council Directive 89/665/EEC and 92/13/EEC is amended with regard to improving the effectiveness of review procedures concerning the award of public contracts; 3) of the European Parliament and of the Council of 23 April 2009. directive 2009/33/EC on the "promotion of clean and energy-efficient road transport vehicles; 4) of the European Parliament and of the Council of 18 June 2009. directive 2009/52/EC laying down minimum standards on sanctions and measures against employers of illegally staying third-country nationals residing without authorisation; 5) of the European Parliament and of the Council of 25 October 2012 the 2012/27/EU directives on energy efficiency, amending Directive 2009/125/EC and 2010/30/EU and repealing Directive 2004/8/EC and 2006/32/EC; 6) the European Parliament and of the Council of 26 February 2014 2014/24 of the directive/EU on public procurement and repealing Directive 2004/18/EC. The law shall enter into force on March 1, 2017. The Parliament adopted the law in 2016, on 15 December. The President r. vējonis Riga 2016 29 December public procurement law annex 1 of the nomenclature of works contracts the European Union classification of economic activities (NACE) CPV code section F construction part group class activity notes 45 construction in this part include: construction of new buildings and construction, restoration and repairs to the building site preparation 45100000 45 million 45.1 45.11 demolition and dismantling Structures; the bottom of the movement in this class include: 1) and other structures, 2) construction site cleanup, 3) remove bottom-norakšan, building site levelling and markup works, trenching, blasting of rock, harvesting, etc., 4) mineral extraction site preparation: the excess removal of the load, and other preparatory work for the mineral sediments and career sites. This class also includes: 1) construction site drainage, 2) agricultural and forest land drainage 45110000 45.12 test drilling and borehole creating class include: pilot drilling the pilot hole, and soil sampling, geophysical prospecting, construction, or similar purposes. This class does not cover: 1) oil and gas drilling, see. 11.20, 2) water drilling, see. 45.25, 3) shaft cutting, see. 45.25 4) oil and gas field exploration, geophysical, geological and seismic surveying, see. 45120000 finish 74.20 45.2 or a separate round of construction works; Engineering jobs 45200000 45.21 General construction of buildings and civil engineering works in this class include: 1) all types of building construction, engineering construction, buildings), including 2 Bridge Road estakād, viaducts, tunnels and subways, 3) trunk pipelines, communication and power lines, 4) urban pipelines, urban communication and power lines, 5) other related work in the cities, 6) prefabricated Assembly and installation on site. This class does not cover: 1) to the extraction of oil and gas related services, see. 11.20, 2) completely prefabricated constructions Assembly consisting of a unique design, which is not manufactured from concrete, see. 20, 26 and 28 part 3) Stadium, swimming pool, gym, tennis courts, golf courses and other sports, except building construction works, see. 45.23, 4) building installation work, see. 45.3, 5) building finishing works, see. 45.4, 6) architectural and engineering activities, see. 74.20, 7) construction project management, see. 45213316 45220000 45231000 45232000 45210000 except: 45.22 74.20 roofing and construction Assembly in this class include: 1) the roof Assembly, 2) roofing, waterproofing 45261000 45.23 3) highways, roads, airfields and sport facilities construction in this class include: 1) Highway, street, road and other traffic and pedestrian road construction, railway construction, 2) 3) aerodrome runway construction, 4) Stadium, swimming pool, gym, tennis courts in the , golf courses and other sports construction, except building construction, road and parking lot 5). This class does not cover: a the bottom of the previous move, see. 45212212 and DA0345230000:45.11 excluding 45231000 45232000 45234115 45.24 construction of Waterworks facilities in the class include: 1) waterway, port and river shore, quays, locks, etc. construction, 2) dams and dam construction, dredging, 3) 4) submarine works 45240000 45.25 other construction work that requires special skills in this class include: 1) one type of construction works, which are common to the various types and structures that require specialized skills or equipment , 2) basic tagging works, including piling, 3) water well drilling and construction, shaft, 4) manufactured the steel element Assembly, 5) steel folding, 6) specification for the tagging work, 7) scaffolding and work platform Assembly and dismantling, including scaffolding and work platform hire, 8) chimney and industrial furnace construction. This class does not cover: scaffolding hire without mounting and dismantling, see. 4525000045262000 building installation 71.32 45.3 works 45300000 45.31 installation of electrical power lines and Assembly of components in the class ietilpstšād installation in buildings or other structures: 1) wiring systems and equipment, 2) telecommunications systems, 3) electrical heating system, 4) antennas, 5) fire alarm, 6) burglar alarm system, 7) lifts and escalators, 8) zibensnovedēj etc. 45316000 45213316 45310000 except: 45.32 insulation work in this class include: thermal insulation, sound or vibration insulation installation in buildings or other structures. This class does not cover: waterproofing, see. 45320000 jobs Sanitārtehnisk 45.33 45.22 this class includes the installation of such equipment in buildings or other structures: 1) plumbing and sanitary installations, 2) gas appliances, 3) heating, ventilation, refrigeration or air conditioning equipment and ducts, 4) water spray system. This class does not cover: installation of electrical heating systems, see. 45.31 45.34 other building and 45330000 devices in this class include: 1) lights and alarm system installation on the roads, railways, airports and ports, 2) not elsewhere specified equipment and accessories installation in buildings or other structures 4523411545316000 45340000 28.2 Site finish work in this 45400000 45.87 Apmetēj class includes: buildings or other structures in the internal or external surface plastering, including plaster with plate or sheet materials work in this 45410000 45.42 Carpentry class includes: 1) of wood or other material of door manufacture window, door and window frames, the built-in kitchen appliances, stairs, shop equipment and other equipment, building 2) indoor decoration (ceiling, wall, wood veneer, sliding partitions, etc.). This class does not cover: parquet and other wood floor installation, see. 45420000 45.43 floor and wall covering 45.43 installation this class includes the following materials, decking boards, suspension or mounting in buildings or other structures: 1) wall or floor ceramic, concrete or stone tiles, 2) parquet and other wooden floors, carpets and floor coverings from linoleum, the 3) floor coverings of rubber or plastic, 4) wall and floor coverings from "terac" concrete, marble, granite or slate , 5) 45430000 45.44 painting and wallpaper the glass in this class include: 1) indoor and external surface painting, 2) technical equipment, painting, 3) Assembly (glass, mirrors, etc.). This class does not cover: window tiling, see. 45.45 other building site of 45.42 45440000 finishing work in this class include: 1) private swimming pools, 2) Assembly building surface cleaning with steam, blast and similar way, 3) n.e.c. finishing and final work. This class does not cover: buildings and other constructions indoor cleanup, see. 45212212 and DA0445450000 building 74.70 45.5 Assembly or disassembly (with driver) rental 45500000 45.50 building Assembly or disassembly (with driver) rental this class does not cover: building Assembly or disassembly of the equipment (without driver) rental, see. 45500000 public procurement law 71.32 Annex 2 social and other special services No. p. k. CPV code description 1. Health, social services and the related 75200000-8, 75231200-6, 75231240-8, 79611000-0, 79622000-0 (household staffing services), 79624000-4 (care staffing services), 79625000-1 (medical staffing services), from 85000000-9 to 85323000-9, 98133100-5, 98133000-5, 98200000-5, 98500000-8 (private households with employed persons), from 98513000-2 to 98514000-9 (labour services to households, the Agency services to households, the servants ' services to households, a temporary personnel households, home help services and home maintenance services) 2. Administrative, social, educational, health and cultural services 85321000-5, 85322000-2, 75000000-6 (Administration, defence and social security services), 75121000-0, 75122000-7, 75124000-1, 79995000-5 to 79995200-from 7, from 80000000-4 (education and training) to 80660000-8, from 92000000-1 to 92700000-8, 79950000-8 (exhibition, fair and Congress Organization Services), 79951000-5 (seminars services), 79952000-2 (events services), 79952100-3 (cultural events services), 79953000-9 (Festival of organizing services), 79954000-6 (event organizing services) , 79955000-3 (skaš organisation of fashion), 79956000-0 (fairs and exhibitions organisation services) 3. Compulsory social security services 75300000-9 4. Benefit services 75310000-2, 75311000-9, 75312000-6, 75313000-3, 75313100-4, 75314000-0, 75320000-5, 75330000-8, 75340000 1-5. Other community, social and personal services, including trade unions, political organizations, youth associations, services provided, and other members of the Organization of the service 98000000-3, 98120000-0, 98132000-7, 98133110-8, 98130000-3-6. Religious services 98131000-0 7. Hotel and restaurant service from 55100000-1 to 55410000-7, 55521000-8 to 55521200-from 0, 55521000-8 (catering services for private households), 55521100-9 (a meal delivery service for old and sick people), 55521200-0 (food delivery services), 55520000-1 (food services), 55522000-5 (food services of transport companies), 55523000-2 (food services of other companies or other institutions), 55524000-9 (school food services); 55510000-8 (lunch services), 55511000-5 (canteen and other closed type of cafeteria services), 55512000-2 (canteen management services), 55523100-3 (school food provisioning services) 8. Legal services From 79100000-5 to 79140000-7, 75231100-5 9. Other administrative services and Government Services From 75100000-7 and 75120000-3, 75123000-4, 75125000-75131000, from 8 to 10-3. The provision of services to the public From 75200000-8 to 75231000-4 11. With prison-related services, public safety and rescue services if they are not excluded in accordance with article 3 of this law, the first subparagraph of paragraph 10 From 75231210-9 to 75231230-5, 75240000-75252000 from 0 to-7, 794300000-7, 98113100-9 12. Investigation and security services From 79700000-1 to 79721000-4 (investigation and security services, security guard services, alarm monitoring, security guard services, monitoring services, tracking system, refugee tracking services, patrol services, ID card delivery service, investigation services and detective agencies services), 79722000-1 (grafoloģij services), 79723000-8 (waste analysis services) 13. International Service 98900000-2 (extraterritorial organizations and bodies provide services), 98910000-5 (international organizations and structures specific to services) 14. Postal service 64000000-6 (postal and telecommunications services), 64100000-7 (postal and courier services), 64110000-0 (postal services), 64111000-7 (postal services related to newspapers and periodicals), 64112000-4 (postal services related to letters), 64113000-1 (postal services associated with packages), 64114000-8 (post office services), 64115000-5 (mailbox rental), 64116000-2 (postal service shipments upon request), 64122000-7 (the Office's internal mail and courier services) 15. Various services 50116510-9 (tire vulkanizēšan services), 71550000-8 (Smith)