. Explanation and Changes
Tender Documents
ficial translation LAW ON THE AMENDMENT
THE LAW ON PUBLIC PROCUREMENT 13 August 1996, No. I-1491 (as amended by 3 June 1999 No. VIII- 1210, 21 March 2000 No. VIII-1577) Vilnius Article 1. New Version
the Law
the Republic
Lithuania on Public Procurement The Law
the Republic
Lithuania on Public Procurement shall be amended and set forth to read as follows: “LAW
THE R REPUBLIC
LITHUANIA ON PUBLIC PROCUREMENT CHAPTER ONE GENERAL PROVISIONS Article 1. The Objective
this Law 1. This Law shall regulate: 1) the procedure
procurement by state and local authorities, public undertakings (including those specified in subparagraph 3 hereof),
fices or organisations
goods or services the value whereof during the financial year is not less than LTL 75 000 or
public works the value whereof is not less than LTL 300 000, executed with the resources
the State Budget, municipal budgets, the budgets
the State Social Insurance Fund and the Compulsory Health Insurance Fund and other state money funds, also resources received in the name
the State as charity or any other financial support, when the charity donor does not specify the purpose for which it should be used, also with funds received as loans on behalf
the State or loans received with State guarantee, unless the loan use agreements provide for other terms and conditions for the use
the loans; 2) procurement by the Bank
Lithuania, with the funds
the Bank
Lithuania,
goods or services the value whereof during the financial year is not less than LTL 75 000 or
public works the value whereof is not less than LTL 300 000; 3) procurement
goods or services the value whereof during the financial year is not less than LTL 1.8m or public works the value whereof is not less than LTL 1m, when the contracting authorities are state or municipality controlled undertakings or branches
undertakings that are on the list approved by the Government, operating in the water, energy, transport and telecommunications sectors as well as undertakings which have had the special or exclusive right
operation in the sphere granted to them by the state or municipality, irrespective
the types
undertakings or forms
their ownership when such procurement is financed with the funds
the above undertakings. 2. The procurement
goods, services or works the value whereof is less than the amounts specified in paragraph 1 hereof shall be effected in accordance with the procedure laid down by the Government
the Republic
Lithuania. The Government may approve the list
goods, works, services in respect whereof public procurement shall apply in any case, regardless
their value. 3. Public procurement
goods, works or services, the value whereof is not less than that specified in paragraph 3
this Law and an international notice whereof must be published in a publication with international circulation or specialised publication, may be engaged in only by contracting authorities included in the list approved by the Government
the Republic
Lithuania or by the competent authority. 4. The value
public procurement regulated under paragraph 1 hereof, paragraph 3
and paragraph 1
is given net
the VAT. The value shall be indexed in the manner laid down by the Government
the Republic
Lithuania or the competent authority taking into account the rate
inflation in the Republic
Lithuania. 5. The requirements
this Law shall not apply to: 1) procurement connected with state secret established by law. The procedure
procurement
the type shall be established by the Government
the Republic
Lithuania; 2) procurement carried out following the special procurement procedures
international organisations; 3) procurement or lease
land or other immovable property effected by undertakings specified in subparagraph 3
paragraph 1 hereof with the funds
the said undertakings, provided the procurement or lease in a specific location is necessitated by the intended purpose
the undertaking; 4) financial services connected with the issuing, purchase, sale and transfer
securities and other instruments
debt; 5) services provided by the Bank
Lithuania; 6) contracts for the acquisition
time for radio and television programme development, preparation for broadcasting, broadcasting
already developed radio and television broadcasts, except when the procurement is engaged in by state or local authorities; 7) research and development services
national significance according to the programmes approved by the Government, except for those research and development services the benefit from which is used solely for business needs
the contracting authority and which are fully paid for by the contracting authority. 6. The Government
the Republic
Lithuania may, for economic and social reasons which are
state significance, take a decision regarding the application
preferences during the procurement
goods, works or services. The provision shall apply until the expiry
the transitional period specified in the Europe Agreement establishing an Association between the European Communities and their Member States,
the one part, and the Republic
Lithuania,
the other part (31 December 1999). Article
goods, works or services (including lease
property) carried out in the manner prescribed by this Law by contracting authorities specified in paragraph 1
structures as well as research, design or other services incidental to the works which are the object
procurement. 4. “Discount price” means a price recalculated taking into account the time limits
payments, supply
goods, provision
services and performance
works.
fer is made to supply goods, provide services or perform works in accordance with the terms agreed upon in the course
negotiated procedure. 7. “Undertaking possessing the special or exclusive right granted by the state or municipality to operate in the water, energy, transport and telecommunications sectors” means an undertaking to which the state or municipality has granted a special or exclusive right to engage in any type
activities specified in paragraph 27 hereof. 8. “Request for quotations” means procurement procedure where the procuring entity requests from the suppliers/contractors a statement
the price
goods or services. 9. “Negotiated procedure” means procurement procedure where the procuring entity negotiates with the suppliers/contractors the contents
tenders and the terms
the contract. 10. “Invitation” means a procurement-related document announced or delivered to the supplier (contractor),
fering an invitation to participate in prequalification proceedings, tendering, negotiated procedure or to respond to the request for quotations.
impartiality” means a written statement given by the Public Procurement Commission member or expert declaring his impartiality with respect to the suppliers/contractors.
fering to supply goods, perform works or provide services under the terms set by the contracting authority. 15. “Tender security/(security for the performance
the contract)” means the method
ensuring the fulfilment
an obligation provided for by the Civil Code
the Republic
Lithuania, perfected by the contract between the contracting authority and the supplier/contractor. 16. “
fered price” means the sum total
the price
goods, services or works indicated in the tender and other prices
additional services specified in the procurement documents. 17. “Discounting
the
fered price” means recalculation
the
fered price (carried out for the purpose
tender evaluation) by applying the rate fixed in advance (the rate
discount), taking into account the time limit for payment and supply
goods, provision
services, and performance
works. 18. “Services” means any object
procurement, except for goods and works, as well as services related to goods, where the value
the services exceeds the value
goods. 19. Contracting authority means the state or local authority, public undertaking,
fice or organisation specified in paragraph 1
as well as the Bank
Lithuania. 20. “Procurement from single source
supply” means procurement procedure where the contracting authority negotiates with a single supplier/contractor the subject and price
the
fers and the terms
the contract. 21. “Contract documents” means documents presented by the contracting authority to the suppliers/contractors characterising the subject
the procurement contract and the conditions
procurement: the invitation, tender solicitation documents and documents
other procurement procedures and conditions, explications/revisions
and supplements to the above documents. 22. “Contract
procurement- sale” (hereinafter - “procurement contract”) means the contract
procurement-sale, contract agreement, work or service contract, contract
lease or other written contract which the contracting authority concludes with the supplier/contractor when procuring goods, services or works in the manner prescribed by this Law. 23. “Preference” means priority, privilege. 24. “Goods” means raw materials, goods, equipment and other objects
every kind and description, as well as services incidental to the supply
the goods if the value
those services does not exceed that
the goods themselves.
votes attaching to shares and which exercises one
the following activities: 1) the operation
fixed networks intended to provide a service to the public in connection with the production, transport or distribution
drinking water, or electricity, or gas or heat; 2) the exploitation
a geographical area for the purpose
exploring for or extracting oil, gas, coal or other fossil fuels; 3) the provision
airport, maritime or inland port or other terminal facilities to carriers by air, sea or inland waterway; 4) the operation
networks providing a service to the public in the field
transport by trolley bus, bus, cable or railway; 5) the operation
public telecommunications networks and provision
public telecommunications services. Article 3. International Obligations
the State, Relating to Procurement If international agreements
the Republic
Lithuania provide otherwise than this Law, the provisions
international agreements shall apply. Article 4. Regulation
Public Procurement and Examination
Complaints 1. Public procurement in the Republic
Lithuania shall be regulated by the Government and the Public Procurement
fice, who shall be governed by this Law, whereas complaints relating to public procurement shall be examined by the Independent Commission for the Examination
Complaints Relating to Public Procurement. Article 5. Public Procurement
fice 1. Public Procurement
fice is an institution operating under the Government
the Republic
Lithuania, which co-ordinates the activities
procurement, supervises compliance
procurement activities with this Law and subordinate legislation, is governed by this and other laws, legal acts and international obligations
the Republic
Lithuania and its own regulations and is financed from the State Budget. 2. Public Procurement
fice is a legal person, having its seal with the State emblem. 3. Public Procurement
fice shall fulfil the following functions: 1) draft and submit to the Government for approval legislation regulating public procurement; 2) draft and adopt, within the scope
its competence, legal acts regulating public procurement; 3) supervise compliance during public procurement proceedings with the Law on Public Procurement and the requirements
related secondary legislation; 4) approve the methodology
drawing up technical requirements
contract documents; 5) store, in the manner prescribed by the Government, information concerning the intended procurement or that being engaged in, the concluded procurement contracts and the contract performance results, and communicate it to state (local government) institutions and the public; 6) analyse and assess the procurement system and draw up proposals for its improvement; 7) organise the training
the contracting authorities’ personnel responsible for procurement and train the personnel 8)
fer consultations to contracting authorities and suppliers/contractors or organise their consulting on issues
procurement; 9) when deciding the issues
procurement, maintain contacts with the relevant foreign state institutions and international organisations; 10) specify the mandatory requirements
communications (prior indicative notices, invitations, and contract award notices and contract performance results); 11) approve the methodology
calculating the estimated contract value, specify the procedure for discounting the price
fered by the suppliers/contractors and fixing the rate
discount; 12) approve standard forms
procurement reports; 13) lay down the requirements for the members
the Independent Commission for the Examination
Complaints Relating to Public Procurement; 14) prepare and furnish information to the Independent Commission for the Examination
Complaints Relating to Public Procurement which examines the complaints; 15) engage in other activities prescribed by legal acts. 4. Rights
the Public Procurement
fice: 1) to be provided by the contracting authority with information relating to procurement; 2) to be provided by the contracting authority, Public Procurement Commission or its members as well as experts taking part in procurement procedures explications
procurement-related actions or decisions; 3) to present contract documents and tenders submitted by suppliers/contractors for additional expert examination; 4) upon ascertaining violations
law, to obligate the contracting authority to revoke or to change the decisions or actions which are not in conformity with the requirements
the Law on Public Procurement; 5) to take administrative proceedings in the manner prescribed by law against the persons who violate this Law. Article
said tasks. The Commission shall be accountable to the contracting authority and fulfil only its tasks and obligations given in writing. The responsibility for awarding and fulfilling procurement contracts shall rest with the contracting authority. The contracting authority shall be responsible for the actions
the Commission. The contracting authority shall approve the Commission’s rules
procedure. 2. The Commission shall be appointed by the decision
the contracting authority
at least 3 natural persons, who may also be employed on a contract basis, and shall function on behalf
the contracting authority within the scope
the powers granted to it. The Commission shall function from the day
adoption
the decision concerning its appointment until the submission
the draft
the procurement contract to the contracting authority for signing or until the adoption
the decision to terminate the procurement. The Commission shall adopt decisions at the meetings by a simple majority vote, voting by open ballot. In the event
a tie, the Chairman
the Commission shall have a casting vote. The Commission’s decisions shall be recorded in the minutes signed by all the members present at the meeting. The head
the contracting authority or the person authorised by him shall be appointed Chairman
the Commission. When appointing Commission members, regard must be had to their knowledge in the area
economics, technology, and legislation as well as their cognisance
this Law and other legal acts regulating public procurement. The contracting authority shall have the right to invite experts for examining the submitted proposals. 3. Except in cases prescribed by the legal acts
the Republic
Lithuania, the Commission members and the experts invited by the contracting authority shall be prohibited from providing third persons with any information concerning the contents
the tenders submitted by suppliers/contractors. 4. Every Commission member and expert may take part in the work
the Commission only upon signing the declaration
impartiality. 5. Commission members and experts shall be held liable for their work under the laws
the Republic
Lithuania. Article 7. Qualification
Suppliers/Contractors 1. The contracting authority must ascertain whether the supplier/contractor is competent, reliable and capable to fulfil procurement conditions. For this purpose, at certain stages
the procurement process it shall have the right to demand that the supplier/contractor submit the documents and information specified in paragraph 2 hereof. 2. The contracting authority shall specify in the contract documents the information relating to the legal status, financial standing, also economic and technical information that the suppliers/contractors must provide so as to enable the contracting authority to determine whether the suppliers/contractors satisfy the minimum financial, economic and technical requirements laid down in its contract documents. The contracting authority may request that the suppliers/contractors submit: 1) documents confirming the suppliers’/contractors’ legal status; 2) extracts from reports or other documents confirming the activities
the suppliers/contractors (unless under the laws
the country where the supplier/contractor is domiciled the reports or documents are not subject to publication); 3) extracts from reports or other documents concerning the supplier’s/contractor’s total turnover and the turnover relating to the object
procurement within the last 3-year period or within the time period from the date
the supplier’s/contractor’s registration (in case the supplier/contractor engaged in the activities for less than a 3-year period); 4) where the supplier/contractor is not in the position to submit documents specified in subparagraph 2 hereof, the contracting authority may accept other information which it deems to be appropriate; 5) information concerning the principal supplies
goods made, works performed or services provided, specifying the procuring entities and contracts executed earlier within the last 3 years or within the period from the supplier’s/contractor’s registration date (where the supplier/contractor engaged in the activities for less than 3 years); 6) information concerning the supplier’s/contractor’s technical possibilities and other measures ensuring good quality
the goods supplied, works performed or services provided by him; 7) information about the specialists or organisations responsible for quality control, irrespective
their subordination; 8) certificates drawn up by
ficial quality control institutes or agencies attesting conforming
the goods, works or services to the binding technical specifications; 9) description, samples or photographs
the goods to be supplied, works to be performed or services to be provided by the supplier/contractor. Where the goods to be supplied are complex or are required for a special purpose, the contracting authority may request the supplier’s/contractor’s permission to carry out on-the-spot inspection
the good to be supplied or demand that the information furnished by the supplier/contractor be evaluated by independent experts; 10) evidence
the educational and professional qualifications
the supplier’s/contractor’s managerial staff,
the persons responsible (in particular those responsible for the execution
works); 11) a statement evidencing the supplier’s/contractor’s financial standing; 12) other financial, economic and technical information specified by the Public Procurement
fice. 3. Qualification requirements set by the contracting authority, the criteria for their evaluation and the evaluation procedures shall be laid down in the contract documents. The documents must be furnished to the suppliers/contractors only after the publishing
the notice in the publications specified in Article 12
this Law.
the tenders having been submitted by natural persons or a group
suppliers/contractors who have formed a joint venture. The joint venture agreement must be notarised. The contracting authority shall award a contract only after the group
suppliers/contractors have registered, according to the procedure laid down by law, the undertaking on the basis
the joint venture agreement.
the suppliers/contractors shall be evaluated in accordance with the criteria and procedures set forth in contract documents presented to them. The Commission shall make a decision regarding the qualifications
each supplier/contractor who submitted an application and shall notify each one
them
the verification results. Only the suppliers/contractors whose qualifications meet the requirements
the contracting authority shall be entitled to participate in the subsequent procurement procedures. Article 8. Method
Notification 1. While carrying out the procedures regulated by this Law, the notices
the contracting authority and suppliers/contractors to each other must be transmitted in writing.
the Documents Submitted by Foreign Suppliers/Contractors The contracting authority shall have the right to demand that foreign suppliers/contractors submit documents confirming their qualifications legalised in the established manner. Article 10. Description
Goods, Works or Services 1. Technical specifications
goods, works or services indicated in the procurement documents (requirements concerning their quality, packaging, marking, safety, certification, testing) as well as the terminology must not create obstacles for participation by any suppliers/contractors in the procurement procedures, except where such specifications are necessary by reason
the specific character
the object
procurement or its application. The description
goods, works or services shall not contain any indication
a particular trade mark, patent, type or specific origin or producer
the good, the trademarks, patents, models or origin
goods, performers
works or providers
services. However, where such indication is accompanied by the words “or equivalent”, it shall be authorised in cases where the contracting authorities are unable to give a description
the subject
the contract using specifications which are sufficiently precise and intelligible to all parties concerned. 2. In the descriptions
goods, works or services, including contract documents, submitted technical specifications, plans, drawings and designs international standards, marking and terminology must be used. Where such international standards are not available, the terminology and marking requirements accepted in the Republic
Lithuania shall be used. 3. The methodology for developing technical requirements to be presented in contract documents shall be approved by the Public Procurement
fice. Article 11. The Language
Documents The contracting authority shall draw up contract documents in the state language. When, according to the requirements set forth in Article 12
this Law, notices
procurement are published in a publication with international circulation or special publication, foreign suppliers/contractors shall be provided contract documents in the English language or, if they so desire, also either in German, or French, or Russian. Article 12. Notices 1. The requirements for notices (prior notices, invitations, contract award notices and contract performance results) shall be laid down by the Public Procurement
fice. 2. The contracting authority shall: 1) make known, in accordance with the procedure prescribed by the Government, by means
the indicative notice the total procurement envisaged to be awarded during the current financial year, published in the supplement to the publication “Valstybës þinios” - “Informaciniai praneðimai” and, in the cases specified in paragraph 3 hereof, also in the publication with international circulation or specialised publication; 2) every time wishing to award a contract by open, restricted or negotiated procedure or by request for quotations, besides the indicative notice specified in subparagraph 1 hereof, also publish invitations to participate in the procurement procedure in the supplement to the publication “Valstybës þinios” - “Infromaciniai praneðimai” and, in the cases specified in paragraph 3 hereof, also in the publication with international circulation or specialised publication; 3) publish notices
the awarded contracts in the supplement to the publication “Valstybës þinios” - “”Informaciûniai praneðimai”. The notices shall be dispatched to the publication “Valstybës þinios” within 5 days after the award
the contract. The notice shall indicate the entity to whom the contract is awarded, the subject
the procurement contract, the price indicated in the contract and the discounted price; 4) Within 15 days after the performance
the procurement contract publish a notice in the special supplement to the publication “Valstybës þinios”- “Informaciniai praneðimai” announcing the contract performance results, the price
procurement and the discount price. 3. The contracting authority must publish notices
public procurement in the publication with international circulation or specialised publication if: 1) the estimated value
goods to be procured is not less than LTL 700,000, and not less than LTL 1.8 m in case
procurement in
water, energy, transport sectors, and not less than LTL 2.7 m in the telecommunications sector; 2) the estimated value
services to be procured is not less than LTL 700,000, and in the field
water, energy, transport and telecommunications sectors - not less than LTL 1.8 m; 3) the estimated value
works to be procured is not less than LTL 22 m. 4. The estimated value
procurement contracts is indicated in paragraph 3 hereof net
VAT. The figures shall be revised every 2 years with due regard being had
the revised value as indicated in the EU directives. CHAPTER II PROCUREMENT PROCEDURES SECTION I PROCUREMENT PROCEDURES, THEIR CHOICE AND INDIVISIBILITY
PROCUREMENT CONTRACTS Article 13. Public Procurement Procedures Public procurement shall be engaged in according to the following procedures: 1) open procedure; 2) restricted procedure; 3) negotiated procedure; 4) procurement from single source
supply; 5) request for quotations. Article 14. Manner for Choosing Procurement Procedure The contracting authority may choose procurement procedure - either negotiated procedure or procurement from single source
supply, or request for quotations - only under the conditions provided for in Chapter Two, Sections IV, V and VI,
this Law. In addition, in the case specified in paragraph 2
this Law, the Government may establish that the consent to execute procurement from single source
supply or according to any other procedure, as established in the procurement regulations approved by the contracting authority, shall be effective not for a specific case
procurement, but for the entire period
the investment or commercial project (including projects financed with borrowed funds) implemented by the contracting authority; the above period shall be approved by the Government
the Republic
Lithuania. In other cases procurement shall be effected by means
tendering procedure. Article 15. Indivisibility
Procurement Contracts 1. The contracting authority shall have no right to split up the value
procurement contract if this would enable to avoid the procurement procedure established by this Law. The contracting authority shall have the right to split up the value
a procurement contract only provided that procurement procedure chosen under this Law for the total value
procurement contract is applied with respect to all parts
the split up value
procurement . 2. The contracting authority shall award procurement contract under this Law on the basis
the total value
the contract (as regards the value
goods and services - the total value during the financial year, as regards the value
works - the value
the entire object). 3. The value
procurement contract shall be calculated and the goods, services and works shall be identified (distinguished from those identical) in accordance with the methodology approved by the Public Procurement
fice. SECTION II OPEN PROCEDURE Article 16. Open Procedure When making arrangements for an open procedure, the contracting authority shall invite, in the manner laid down in Article 12
this Law, all suppliers/contractors to take part in the procedure and submit their tenders. Article 17. Contents
the Invitation to Tender An invitation to tender must contain the following information: 1) the name, code, address, phone and fax numbers
the contracting authority; 2) the name and quantity
goods to be supplied, the address
their delivery, character and place
services to be provided or works to be performed; 3) desired or required final date for the supply
goods, provision
services or completion
works; 4) the procedure and place for acquiring solicitation documents; 5) language (languages) in which solicitation documents must be drawn up; 6) if the contracting authority has fixed a charge for solicitation documents - the amount
the charge and payment procedure. The charge shall cover the actual costs
the drawing up and copying
documents and their delivery to the suppliers/contractors. Additional amount may be charged to cover the expenses relating to translation
documents into foreign languages; 7) the addressee
tenders and the date
tender submission; 8) other information prescribed by the Public Procurement
fice to the supplier (contractor). Article 18. Presentation
Solicitation Documents 1. The contracting authority shall present solicitation documents to the suppliers/contractors desiring to take part in the tendering procedure in the manner specified in the invitation to tender. A charge
an equal amount may be payable by all suppliers/contractors for covering actual expenses relating to the drawing up and copying
documents and their delivery to the suppliers/contractors. An extra charge may be payable for the translation
solicitation documents into a foreign language which will cover expenses relating to translation into a foreign language. 2. The contracting authority must deliver solicitation documents to the suppliers/contractors within 6 days from the receipt
their applications. Article 19. Contents
Solicitation Documents The following information shall be submitted in the solicitation documents: 1) instructions for preparing tenders; 2) information concerning the criteria and procedures relative to the evaluation
the qualifications
suppliers/contractors; 3) documentary evidence demonstrating the qualifications
suppliers/contractors; 4) names
goods, works or services to be procured and their required technical, aesthetic, functional and quality characteristics, plans, drawings and designs, the quantity
the goods, any incidental services to be performed, the required time when the goods are to be delivered, the services are to be provided and the works are to be performed, the running costs and other terms and conditions; 5) criteria and terms and conditions
tender valuation, procedure for discounting the
fered price and the rate
discount; 6) procedure and terms and conditions
price indexing owing to inflation; 7) terms and conditions
the contract
fered to the parties for signing by the contracting authority and the contract form, if any, to be signed by the parties; 8) if alternatives to the characteristics
the goods, services and works, contractual terms and conditions set forth in solicitation documents are permitted, a statement to the effect; 9) if, without infringing Article 15
this Law, the suppliers/contractors are authorised to submit tenders for only a portion
the goods, works or services concerned - a description
the portion or portions for which tenders may be submitted; 10) the manner in which tender price is to be formulated and expressed. The price shall be given with all the taxes due included. The price
goods, services and works and the prices
additional services specified in the solicitation documents (transportation, insurance, loading charges, etc.) must be calculated and presented separately; 11) requirements for tender security and security for the performance
the procurement contract; 12) final date, place and method
submission
tenders; 13) the means by which suppliers/contractors may seek clarification
the solicitation documents and a statement as to whether the contracting authority intends, at this stage, to convene, a meeting
suppliers/contractors; 14) the period
time during which tenders shall be in effect; 15) the place, date and time for the opening
envelopes with tenders; 16) the procedure to be followed for opening and examining tenders; 17) indication that the value
the object
procurement named in the tender will be calculated in litas. Where the prices are indicated in the tenders in foreign currency, the prices will be recalculated in litas according to litas and the foreign currency exchange rate determined and announced by the Bank
Lithuania on the day
tender evaluation; 18) full names, addresses, telephone and fax numbers
the
ficers and employees
the contracting authority, or the Commission members (one or several) who are authorised to communicate directly with and to receive communications directly from suppliers/contractors in connection with the procurement procedure, without the intervention
an intermediary; 19) other requirements laid down by the Public Procurement
fice in compliance with this Law and other legal acts regulating procurement; 20) reference to the prior publication
a tender notice in the information supplement to the publication “Valstybës þinios” - “Informaciniai praneðimai” and/or in the publication with international circulation or specialised publication. Article 20. Clarification
Solicitation Documents 1. Suppliers/contractors may request a clarification
the solicitation documents from the contracting authority. The contracting authority shall respond to any written request by a supplier/contractor for clarification/revision
the solicitation documents provided it is received not later than 15 days before the final date fixed for the submission
tenders. The contracting authority must respond to the request not later than within 6 days from the date
receipt
the request. When responding to a supplier/contractor the contracting authority shall simultaneously send explanations to all suppliers/contractors to whom it has presented contract documents, without identifying the source
the request. 2. At any time prior to the deadline for submission
tenders, the contracting authority may explain/revise the solicitation documents on its own initiative. The clarification/revision must be communicated to all suppliers/contractors to which the contracting authority has provided the solicitation documents not later than 9 days before the final date fixed for the submission
tenders. 3. If the contracting authority convenes a meeting
suppliers/contractors, it must prepare minutes
the meeting containing the requests submitted at the meeting for clarification
the solicitation documents, and its responses to those requests. Minutes must be dispatched to all suppliers/contractors taking -part in the procurement procedures not later than 9 days before the final date fixed for the submission
tenders. 4. If the contracting authority provides clarification/revision
the solicitation documents or convenes a meeting with the suppliers/contractors less than 9 days before the final date fixed for the submission
tenders, it must postpone the time limit fixed for the submission
tenders for a period enabling the suppliers/contractors to take the clarification/revision or minutes
the meetings into account in preparing their tenders. 5. Notices
the postponement
the final date fixed for the submission
tenders must be dispatched, not later than on the next working day following the adoption
the decision, to all suppliers/contractors to whom the solicitation documents have been presented. Article 21. Submission
Tenders 1. The contracting authority shall fix the date and the hour which shall be considered the deadline for the submission
tenders. The time period for the submission
tenders may not be less than 30 days from the publication
the invitation to tender in the information supplement to the publication “Valstybës þinios” - “Informaciniai praneðimai” and, in cases where the notice is published in a publication with international circulation or specialised publication, less than 52 days from the day
publishing
the invitation in the publication, except where a prior notice has been published in accordance with the procedure and within the time limit laid down in Article 12
this Law. In such cases the time period for the submission
tenders may be reduced accordingly to 20 and 36 days. 2. A written tender signed by the supplier/contractor or the person authorised by him shall be submitted in a sealed and stamped envelope. The tenders (with supplements) must be numbered, bound and endorsed by the supplier’s/contractor’s signature and stamp put on the back
the last sheet. 3. The contracting authority must present to each supplier/contractor a written confirmation
the receipt
the tender, indicating the date and hour
receipt. 4. If a tender is received after the expiry
the time limit set for the submission
tenders, the unopened envelope with the tender shall be returned to the supplier/contractor that submitted it. Article 22. Period
Effectiveness
Tenders; Modification and Withdrawal
Tenders 1. Tenders shall be in effect during the period
time specified in the solicitation documents which may not be longer than 90 days after the final date fixed for the submission
tenders. 2. Prior to the expiry
the period
effectiveness
tenders, the contracting authority may request suppliers/contractors to extend the period
tender effectiveness until the fixed deadline, without exceeding the time limit specified in paragraph 1 hereof. 3. Suppliers/contractors that agree to an extension
the period
effectiveness
their tenders and notify the contracting authority thereof in writing, shall extend the period
effectiveness
tender securities or provide new tender securities. A supplier/contractor that fails, within a 6-day period, to respond to the request
the contracting authority to extend the period
effectiveness
tenders or fails to extend the period
tender securities or to provide new tender securities, shall be considered to have refused the request to extend the period
effectiveness
its tender and to have withdrawn its tender. 4. Unless otherwise stipulated in the solicitation documents, the supplier/contractor may modify or withdraw its tender without forfeiting its tender security prior to the expiry
the time limit for the submission
tenders. The modification or notice
withdrawal shall be recognised as effective if it is received by the contracting authority prior to the expiry
the time limit for the submission
tenders. Article 23. Tender Security and Security for the Performance
the Contract 1.The contracting authority must request that the effectiveness
tenders and the performance
the contract be guaranteed in the manner established by the Code
Civil Procedure
the Republic
Lithuania. 2. The Commission may not reject the tender security or the security for the performance
the contract on the grounds that the security was not issued by the economic entity
the Republic
Lithuania provided that the tender security and the security for the performance
the contract and the economic entity who is the issuer
the security conform to the requirements set forth in the contract documents. 3. Prior to submitting a tender, a supplier/contractor may request the contracting authority to confirm the acceptability
the proposed issuer
a security. In this case the contracting authority shall respond to the supplier’s/contractor’s request within 3 working days. Confirmation
the acceptability
a proposed issuer shall not preclude the contracting authority from rejecting the tender security upon receipt
information that the issuer has become insolvent or defaulted on its obligations to the contracting authority or other economic entities, or otherwise lacks creditworthiness. 4. The Government
the Republic
Lithuania or the competent authority shall have the right to prescribe additional mandatory requirements for tender securities and securities for the performance
the contract. Article 24. Opening
Envelopes with Tenders 1. Envelopes with tenders shall be opened at the Commission meeting held at the place, at the date and hour specified in the solicitation documents. The date must coincide with the deadline for the submission
tenders. Upon changing the deadline, the date
opening
the envelopes with tenders must be changed accordingly. All envelopes with tenders received prior to the expiry
the time limit for their submission must be opened at the fixed time. All suppliers/contractors who submitted their tenders or their representatives shall have the right to participate in the envelope opening procedure. 2. The envelopes shall be opened by one
the Commission members in the presence
the suppliers/contractors attending the meeting, who submitted their tenders. 3. In conformity with the requirements prescribed by Article 21
this Law, the members present at the Commission meeting shall put their signatures at the back
the last sheet
the tenders. 4. The Commission shall record the results
the opening
envelopes in the record, mandatory requisites whereof shall be laid down by the Public Procurement
fice. 5. The name
the supplier who submitted the tender, his address and the price indicated in the tender, the time limits
payment, supply
goods, provision
services and performance
works shall be announced to the suppliers/contractors or their representatives, who are present at the opening envelopes with tenders. The information shall also be communicated to those suppliers/contractors who have submitted their tenders but are not present at the envelope opening procedure, if they so desire. Every supplier/contractor who is present or represented at the envelope opening procedure shall have the right
access in person to the information which is publicly read out. 6. The Commission shall engage in further tender examination, evaluation and comparison procedures without the participation
the suppliers/contractors who submitted the tender tenders. Article 25. Prohibition
Negotiations with Suppliers/contractors No negotiations shall take place between the contracting authority and a supplier/contractor with respect to the subject
the tender submitted by the supplier/contractor. Having proved the fact
illegal negotiations in the manner prescribed by law, the contracting authority shall declare the tendering procedure invalid in the information supplement to the publication “Valstybës þinios” - “Informaciniai praneðimai”, and legal proceedings shall be instituted against the guilty persons according to the procedure established by law. Article 26. Examination, Evaluation and Comparison
Tenders 1. The contracting authority may ask the suppliers/contractors for clarifications
their tenders. However, the contracting authority may not seek,
fer or permit any changes in a matter
substance in a tender, including changes in price and changes aimed at making an unresponsive tender responsive. 2. The contracting authority shall not accept a tender submitted by a supplier/contractor: 1) if the supplier/contractor that submitted the tender does not meet the qualification requirement set forth in Article 7
this Law and the solicitation documents; 2) if the tender is not responsive; 3) if the supplier (contractor) that submitted the tender has infringed the Law
the Republic
Lithuania on Competition; 4) if all suppliers/contractors have
fered disproportionately high prices unacceptable to the contracting authority; 5) if tenders appear to be abnormally low and the supplier (contractor) failed to substantiate the low prices as specified in paragraph 5 hereof. 3. If, for reasons indicated in paragraph 2 hereof, the Commission must reject all tenders, it must be given the authorisation
the Public Procurement
fice. 4. In the process
evaluation
the tenders the criterion for the award
contract shall be the lowest tender price, discounted taking into account the terms
payment and supply
goods, provision
services and performance
works, or the most economically advantageous tender. The procedure for discounting the tender price and the rate
discount shall be established by the Public Procurement
fice, whereas the methodology for establishing the criteria for evaluating the most economically advantageous tenders shall be approved by the Government
the Republic
Lithuania. 5. If, for a given contract, the tender appears to be abnormally low, the contracting authority must request in writing from the supplier/contractor substantiation
the constituent elements
the tender price. If the supplier/contractor fails to substantiate the tender price, its tender shall be rejected. The contracting authority shall notify the Public Procurement
fice
the reasons
the rejection
the tender and shall make a record thereof in the report on procurement procedures. 6. The Commission appointed by the contracting authority shall evaluate and compare only the responsive tenders submitted by the suppliers/contractors. In order to ascertain the successful tender, the Commission must: 1) evaluate, in accordance with the evaluation criteria and terms set forth in the solicitation documents, the tenders submitted by the suppliers/contractors and draw up a preliminary order
tenders (except for the cases
single-source procurement). The preliminary order
tenders shall be drawn up based on the increasing discounted tender prices. First in the order shall be the tender with the lowest discounted price; 2) notify the suppliers/contractors who submitted the tenders
the preliminary order
tenders and
the reasons for the rejection
tenders no later than on the next working day after the drawing up
the preliminary order
tenders; 3) approve the order
tenders and adopt a decision with respect to the successful tender only after the examination, according to the procedure established in Chapter Three
this Law,
the claims and complaints (if such were received)
the suppliers/contractors who submitted tenders, but no earlier than after 15 days from the day
dispatch to the suppliers/contractors
the notice
the preliminary order
tenders. 7. The notice
the successful tender shall be dispatched to all suppliers/contractors who submitted tenders not later than within 3 working days after the adoption
the Commission decision. 8. Access to the information relating to the examination, explication, evaluation and comparison
tenders, except for the information specified in Article 35
this Law, shall be granted only to the Commission members and experts invited by the Commission, representatives
the Public Procurement
fice and the Independent Commission for the Examination
Complaints Relating to Public Procurement, the head
the contracting authority and other persons and institutions entitled under the laws
the Republic
Lithuania to have access to the above information. 9. If, by the expiry
the time limit set by the contracting authority for the submission
tenders, less than 3 tenders are received or, upon rejection
tenders in conformity with the requirements
this Article, less than 3 tenders are left, tendering shall be considered not to have taken place and a notice to the effect shall be within 3 working days dispatched to all suppliers/contractors who submitted tenders. SECTION III RESTRICTED PROCEDURE Article 27. Restricted Procedure 1. Restricted procedures shall be engaged in where a large number
suppliers/contractors is expected and the cost
examination
tenders would be very high. 2. The contracting authority shall use restricted procedures by two rounds: 1) during the first round the contracting authority shall invite, in the manner set forth in Article 12
this Law, suppliers/contractors to participate in pre-qualification procedure and shall select according to the requirements set forth in the pre-qualification documents at least 10 qualifying suppliers/contractors from the suppliers/contractors who submitted applications to pre-qualify. Where during the first round applications to pre-qualify
less than 10 suppliers/contractors are received, the contracting authority shall invite to the second round all the suppliers/contractors who submitted applications and meet the qualification requirements set forth by the contracting authority; 2) during the second round every supplier (contractor) who has been pre-qualified in the first round shall be sent invitations to tender, and all suppliers/contractors who participated in the pre-qualification proceedings but were not selected to the second round shall be dispatched notices
the pre-qualification results. Invitations must be sent at the same time to all suppliers/contractors who have been pre-qualified. Solicitation documents shall be dispatched together with the invitation, or an indication shall be made in the invitation as to the place and deadline for receiving the documents. Procurement procedures set forth in Chapter Two, Section II,
this Law shall be used for preparing the solicitation documents, submitting and evaluating tenders. 3. The invitation to pre-qualify must contain the following information: 1) the name, code, address, telephone and fax numbers
the contracting authority; 2) the object
procurement and is description; 3) the manner, place and deadline for the receipt
pre-qualification documents; 4) the language/languages in which pre-qualification documents are prepared; 5) the price (if any) charged by the contracting authority for pre-qualification documents, and the payment procedure. The price shall reflect the actual cost
copying the pre-qualification documents and providing them to the suppliers/contractors. Additional payment may be charged for the translation
documents into a foreign language, comprising the costs
translation; 6) the place and time for the submission
applications to pre-qualify, the number
suppliers/contractors that will be pre-qualified; 7) other information prescribed by the Public Procurement
fice. 4. The time limit for the submission
applications to pre-qualify, set by the contracting authority, may not be shorter than 15 days and in cases where the tender notice is published in a publication with international circulation or specialised publication - not shorter than 35 days after the publication
the invitation to tender. 5. The time limit for the submission
tenders laid down by the contracting authority may not be less than 30 days and in cases where the tender notice is published in a publication with international circulation or specialised publication - not less than 40 days after the day
dispatch
invitations to tender to the selected suppliers/contractors, unless there has been a prior publication
tender notice according to the procedure and terms set forth in Article 12
this Law. In such cases the time limits for the submission
tenders may be reduced accordingly to 20 and 26 days. 6. If less than 3 tenders are received within the time limit fixed by the contracting authority for the submission
tenders, or, if after rejection
tenders in conformity with the requirements
this Law, less than 3 tenders are left, the restricted tendering procedure shall be considered not to have taken place and a notice to the effect shall be within 3 working days sent to the suppliers/contractors who submitted their tenders. SECTION IV NEGOTIATED PROCEDURE Article 28. Conditions
Negotiated Procedure 1. Negotiated procedure may be announced where there is at least one
the following conditions: 1) because
the character and complexity the object
procurement it is not feasible to formulate detailed specifications for the object in order to engage in open or restricted procedure; 2) tendering by open or restricted procedure has not taken place as only 2 tenders have been received; 3) tendering by open or restricted procedure has not taken place since all tenders were rejected as being not in conformity with the requirements
the solicitation document
the open or restricted procedure. 2. Where procurement is engaged in by the contracting authorities specified in paragraph 1
this Law, the negotiated procedure may be chosen without complying with the conditions provided for in paragraph 1 hereof. 3. In the case specified in paragraph 1
initial tenders for negotiated procedure, engage in negotiated procedure with two suppliers/contractors who have submitted tenders. In such case negotiations shall be engaged in following the procedures indicated in paragraph 4
, Articles 30 and 31
this Law, without substantially changing the terms
procurement. Article 29. Selection
Suppliers/Contractors for Negotiations 1. For procurement by using negotiated procedure, the contracting authority shall call upon the suppliers/contractors in the manner specified in Article 12
this Law to submit initial tenders to take part in the selection for participation in the negotiated procedure. The invitation to submit initial tenders must contain the following information: 1) the name, code, address, telephone and fax numbers
the contacting authority; 2) description
the object
procurement, giving technical and other specifications. When works or services are procured, the place
their performance or provision shall be indicated; 3) the documents confirming the qualification data to be presented by the suppliers/contractors; 4) the language/languages in which tenders shall be prepared; 5) criteria and conditions
tender evaluation; 6) the place and deadline for submission
tenders; 7) reference to the prior indicative notice
the negotiated procedure to be held, published in the information supplement to the publication “Valstybës þinios” - “Informaciniai praneðimai” and/or in the publication with international circulation or specialised publication; 8) other information prescribed by the Public Procurement
fice. 2. The time limit for the submission
initial tenders fixed by the contacting authority may not be less than 15 days from the day
publishing
the invitation and in cases where a notice
negotiated procedure is published in the publication with international circulation or specialised publication, the time limit may not be less than 37 days from the date
publishing
the invitation. 3. Upon evaluating, according to the criteria set forth in the invitation, the qualification data indicated by the suppliers/contractors in the initial tenders and the proposed conditions
procurement, the Commission shall select at least 3 suppliers/contractors to be invited to take part in negotiations. Where only 2 initial tenders have been received, the Commission shall invite the suppliers/contractors who submitted the tenders to take part in the negotiation procedure, and in case only one tender has been received, the negotiations and procurement may be carried out in the manner laid down in Article 32
this Law. 4. A written invitation to negotiate dispatched to the suppliers/contractors must contain information on the time, place and proposed language
negotiations. Article
tenders. 2. During the negotiations the following conditions must be observed: 1) the parties must not reveal to any other person any technical, commercial or price-related information; 2) the same requirements must be applied with respect to all suppliers/contractors selected by the Commission; 3) minutes
the negotiations must be taken. The minutes
the negotiations shall be signed by the chairman
the Commission and the Commission members who took part in the negotiations. Article 31. Submission and Evaluation
Final Tenders 1. Having taken account
the negotiation results, the contracting authority shall invite the selected suppliers/contractors to submit final tenders. The invitation to submit final tenders must contain the following information: 1) requirements for the preparation
final tenders; 2) revised description
the object
procurement; 3) the criteria and conditions for the evaluation
tenders; 4) the procedure for discounting the
fered price and the rate
discount; 5) the proposed conditions
the contract; 6) the tender security and the security for the performance
the contract; 7) the language/languages, time limits, place, time, manner
the submission
tenders; 8) the procedure for o 9) opening
envelopes; 9) other information prescribed by the Public Procurement
fice for the supplier/contractors. 2. The time limit fixed by the contracting authority for the submission
final tenders may not be less than 30 days and in cases where a notice
procurement by using negotiated procedure was published in a publication with international circulation or specialised publication - not less than 40 days from the day
dispatch
the invitation to the selected suppliers/contractors, except where a prior notice
the intended procurement by negotiated procedure was published according to the procedure and within the time limits specified in Article 12
this Law. In such cases the time limits for the submission
final tender may be reduced to accordingly 20 and 26 days. 3. The successful tender shall be ascertained according to the procedure set forth in Chapter Two, Section II,
this Law. 4. The security
the final tender
the negotiated procedure and the security for the performance
the contract shall be regulated in the manner laid down in Chapter Two, Section II,
this Law. 5. A notice
the successful tender shall be dispatched to all suppliers/contractors who submitted final tenders no later than within 3 working days after the date
the decision taken by the Commission regarding the successful tender. 6. The contracting authority shall award the contract to the supplier/contractor whose tender has been recognised as the successful tender by the decision
the Commission. SECTION V PROCUREMENT FROM SINGLE-SOURCE
SUPPLY Article 32. Procurement from Single Source
Supply 1. The contracting authority may procure goods, works and services by soliciting an
fer from a single supplier/contractor with whom the contracting authority may engage in negotiations for substance, price
the
fer and terms
contract.. 2. Procurement by single-source procedure shall be allowed if: 1) the goods, works or services are available only from a particular supplier/contractor or a particular supplier/contractor has exclusive rights in respect
the goods, works or services and no reasonable alternative exists; 2) for reasons
extreme urgency, brought about by events unforeseeable by the contracting authorities in question, there is an urgent need for goods, works or services and engaging in tendering procedures or any other procurement procedure would therefore be impractical; 3) the contracting authority seeks to enter into a contract with the supplier/contractor for the purpose or research, experiment, study or development. The provision shall not apply to cases where the contract includes the production
goods in quantities to establish their commercial viability or to recover research and development costs; 4) the contracting authority, having procured goods or services from a supplier/contractor, determines that additional supplies must be procured from that supplier/contractor for reasons
standardisation or because
the need
compatibility with existing goods or services, taking into account the effectiveness
the original procurement in meeting the needs
the contracting authority, also if the price
the additionally procured goods or services does not exceed 30 %
the price
the original procurement, the reasonableness
price
goods or services and other terms are not affected, whereas the alternatives to the goods or services in question would not be suitable for reasons
technical incompatibility with those originally procured; 5) a contract is to be awarded for additional works or services not included initially in the contract first concluded, but which have through unforeseen circumstances become necessary for the performance
the works or services described therein. The award
the contract may be made to the supplier/contractor to whom the main contract has been awarded and the aggregate estimated value
contracts awarded for additional services/works may not exceed 50 %
the amount
the main contract; 6) tendering by open, restricted or negotiated procedure has not taken place as only one tender has been received. In this case the terms announced in the tendering procedure may not be altered, neither may be the tender price increased; 7) a strategic investor/strategic investors invested in the contracting authority not less than LTL 200 m within 3 years (36 calendar months) after 1 October 1998, and the contracting authority has approved the regulations
procurement engaged in by it: 8) the estimated value
goods, services or works to be procured from penal institutions, state-owned enterprises whose founder is the Ministry
the Interior or the Ministry
Justice and which have at least 50%
convicted persons among their employees, or enterprises over 50%
whose employees are persons with limited functional capacity as well as enterprises under health care institutions, at least 50%
whose employees are patients working under programmes
occupational therapy, is less than that specified in paragraph 3
this Law, where the goods, services and works to be procured are produced, provided and performed by the above-specified institutions and enterprises. 3. Where the contract value for the procurement
goods or services exceeds LTL 150 000 and
works - LTL 500 000, contracts with single source
supply shall be permitted only if at least one
the conditions provided for in paragraph 2 hereof are present and with the authorisation
the Government
the Republic
Lithuania. The provision shall also apply in cases where the contracting authority engages in procurement awarding contracts to single source
supply according to the terms specified in paragraph 2
original contracts for services and contracts awarded for additional purposes exceeds LTL 150 000 and in case
contracts for works - LTL 500 000. The authorisation
the Government
the Republic
Lithuania shall not be required for procurement executed by the Bank
Lithuania with the funds
the Bank. Procurement specified herein shall be executed by the Bank
Lithuania upon the resolution
the Board
the Bank
Lithuania. Undertakings operating in the water, energy, transport and telecommunications sectors shall be required to receive authorisation
the Government
the Republic
Lithuania for the procurement
goods, services or works the value whereof exceeds the value specified in paragraph 1
this Law. The authorisation
the Government
the Republic
Lithuania shall not be required for the procurement
hot and cold water, electricity, heat, gas supplied by pipeline and wire communications services, also for procurement executed by the undertakings operating in the water, energy, transport and telecommunications sectors according to the requirements
paragraph 2
this Article. The authorisation
the Government shall not be required for the procurement
raw materials, materials, complementary parts, primary energy resources and services relating to the supply thereof, also special equipment and spare parts necessary for the primary activity
the State Enterprise Ignalina NPP. The authorisation
the Government
the Republic
Lithuania shall not be required for the procurement
goods, works or services in the case referred to in paragraph 2
procurement contracts with single source
supply, the tender security and the security for the performance
the procurement contract shall be regulated in the manner set forth in Chapter Two, Section II,
this Law.
a request for quotations may be engaged in provided that all the following conditions are present: 1) there is a competitive supply on the market
readily available goods or services that are not specially produced or provided to the particular specifications
the contracting authority; 2) the estimated value
procurement contract does not exceed LTL 150 000 within a financial year; 3) the criteria for the evaluation
the object
procurement shall be solely the price. 2. The contracting authority shall request quotations from suppliers/contractors according to the procedure laid down in Article 12
this Law. The request for quotations must contain the following information: 1) name, code, address, telephone and fax numbers
the contracting authority; 2) name, amount, technical and aesthetic, functional and quality requirements
goods, services; 3) place, time limits and terms
supply
goods, provision
services; 4) that all taxes are to be included in the price. The tender price and the charges for additional services indicated in the tender (transportation, insurance, loading charges) are to be calculated and submitted separately; 5) in what manner, to whom and when the tenders are to be submitted; 6) envelope opening procedure, place and time; 7) other information prescribed by the Public Procurement
fice. 3. The time limit for giving price quotations may not be less than 10 days after the date
publishing
request for quotations in the information supplement to the publication “Valstybës þinios” - “Informaciniai praneðimai”. 4 Each supplier/contractor shall be permitted to give only one price quotation. It shall not be permitted to change the quotation. Price quotations shall be given and envelopes shall be opened according to the procedure set forth in Articles 21 and 24
this Law. 5. When procurement is engaged in by means
request for quotations, tender security and security for the performance
the procurement contract shall be regulated according to the procedure established in Chapter One, Section II,
this Law. 6. The Commission shall ascertain the supplier/contractor who gave the lowest-priced quotation, announce him as the successful tenderer in the manner set forth in Chapter Two, Section II,
this Law and draw up the draft procurement contract. The contracting authority shall award the procurement contract to the supplier/contractor. 7. Notice
the successful tender shall be dispatched to all suppliers/contractors who gave price quotations no later than within 3 days after the date
the taking
decision by the Commission. 8. If less than 3 tenders are received by the final date fixed by the contracting authority for the submission
tenders or less than 3 tenders remain upon rejection
tenders in accordance with the requirements
this Law, request for quotations shall be considered not to have been issued and a notice to the effect shall be dispatched within 3 working days to the suppliers/contractors who submitted their tenders. SECTION VII AWARD
PROCUREMENT CONTRACT Article 34. Award and Alteration
Procurement Contract 1. The award and termination
procurement contract shall be governed by the Civil Code
the Republic
Lithuania and this Law. 2. If unforeseeable circumstances evolve, the contracting authority, upon being given authorisation
the Public Procurement
fice, shall have the right to terminate all procurement procedures prior to the award
the procurement contract. The contracting authority shall publish a notice to the effect in the information supplement to the publication “Valstybës þinios” - “Informaciniai praneðimai”. 3. The contracting authority must award the contract
procurement to the supplier/contractor whose tender is recognised as the successful tender by the Commission and to the supplier/contractor specified in paragraph 6
this Law. The successful tenderer shall be notified in writing that its tender has been recognised as the successful tender and be indicated the date by which it is to arrive and sign the procurement contract. 4. If the supplier/contractor, who has been given a proposal
contract award, refuses the award in writing or fails to present security for the performance
the procurement contract prescribed by contract documents or fails to come to sign the procurement contract by the date indicated by the contracting authority, it shall be deemed to have refused the award
the procurement contract. In such event the Commission shall propose awarding the contract to the supplier/contractor whose tender in the descending order
tenders approved by the Commission is next after that
the successful tenderer who refused the contract award. 5. When awarding the procurement contract, the price given in the successful tender, the object
the tender, the requirements for the security
the performance
the contract may not be altered. 6. After the award
the contract the contracting authority shall within 3 working days dispatch a notice
the results
the award procedure. The notice shall indicate the tenderer to whom the contract is awarded, the object
the contract, the price given in the contract and the discounted price. 7. It shall be prohibited to increase the price
procurement throughout the contract validity period or to modify the essential terms
the awarded procurement contract laid down during the tendering procedure, except in cases where the price
procurement is affected by the changes in taxation or where there is an at least 10% change in the market price
goods and services and this could not have been foreseen when awarding the procurement contract. In the above cases the contracting authority must receive the authorisation
the Public Procurement
fice. The contracting authority may also increase the price
procurement taking into account the price indexation to mitigate inflation in the second and subsequent years, where the awarded contact is for the construction
the entire facility, the duration whereof is over 1 year. SECTION VIII REPORT ON THE PROCUREMENT PROCEDURES Article
the contract or the termination
procurement procedures present a report on each contract awarded in accordance with the form approved by the Public Procurement
fice. The report shall include: 1) the name, code, address, telephone number
the contracting authority; 2) short description
the object
procurement and value
the contract; 3) the names and addresses
the suppliers/contractors who submitted tenders; 4) professional qualifications
the suppliers/contractors who took part in the procurement procedures; 5) price
every tender; 6) description
tender evaluation and comparison and the conclusion
the Commission regarding the successful tender, the name
the successful tenderer (supplier/contractor) and motives for the selection
the tender; 7) where procurement procedure used was other than tendering, grounds for the use thereof; 8) if tenders were rejected - grounds for their rejection; 9) other information prescribed by the Public Procurement
fice. 2. The information specified in subparagraphs 2 and 3
paragraph 1 hereof shall be furnished to every person who requests for it. 3. The information specified in subparagraphs 4-8
paragraph 1 hereof shall be furnished to the suppliers/contractors who request for it. 4. The contracting authority and the Commission shall have no right to release information on the contract performance where the release would be contrary to law, would prejudice the legitimate commercial interests
third parties or might prejudice fair competition. 5. The performed procurement contracts, minutes and other procurement related documents shall be preserved in the manner prescribed by the Law
the Republic
Lithuania on Archives. CHAPTER THREE EXAMINATION
COMPLAINTS AND PAYMENT
DAMAGES Article 36. The Right
the Supplier/Contractor to File a Claim or Lodge a Complaint about the Actions or Decisions
the Contracting Authority 1. Every supplier/contractor who has an interest in procurement and believes that the contracting authority has not complied with the requirements
this Law and violated his lawful interests, shall have the right to file a claim or lodge a complaint about the actions or decisions
the contacting authority in the manner and within time limits set forth in Articles 37-41
this Law, prior to the adoption by the Commission
the decision on the successful tender. 2. The supplier/contractor who objects to the Commission’s decision regarding the recognition
the successful tender or believes that the awarded procurement contract violates his lawful interests shall have the right to apply to court in the manner established by law. Article 37. The Procedure and Time Limits for the Filing and Examination
Claims 1. Claims shall be filed with the contracting authority in writing within 5 days from the day the supplier/contractor became aware or should have become aware
the violation
his lawful interests. 2. The contracting authority shall review only those claims
the suppliers/contractors which have been received before the adoption by the Commission
the decision on the successful tender. 3. Upon receiving the supplier’s/contractor’s written claim, the contracting authority shall suspend procurement procedures until the claims are fully examined and a decision is taken. Procurement procedures shall not be suspended upon receipt
the authorisation
the Public Procurement
fice if, upon suspension
the procurement procedure, the supplier/contractor would sustain much heavier losses than those which could be sustained by the supplier/contractor who filed the claim. 4. The contracting authority must extend the time limits
procurement procedures for the period
suspension
procurement procedures. After a decision on the claim is taken the procurement procedures shall be continued. In case the time limits
procurement procedures notified to the suppliers/contractors are changed due to consideration
claims, the contracting authority shall dispatch to suppliers/contractors a notice to the effect, indicating the reasons for the extension
time limits. 5. The contracting authority must examine the claims and take a justified decision within 5 days
the receipt
the claim as well as notifying the supplier/contractor who filed the claim
the taken decision not later than on the next working day. 6. If the contracting authority fails to consider the claims within the time limit specified in paragraph 5 hereof, or rejects the claims, the supplier/contractor may file a complaint with the Public Procurement
fice. Article
fice without filing a claim with the contracting authority. 2. The complaint shall be filed within 10 days from the day when the supplier/contractor became aware or should have become aware
the violation
its lawful interests or within 5 days from the receipt
the decision
the contracting authority on the examination
the claim or, in case the decision was not received, within 5 days
the expiry
the time period set in Article 37
this Law for the examination
claims. 3. Upon receipt
the supplier’s/contractor’s complaint, the Public Procurement
fice shall organise examination
complaints at the Independent Commission for the Examination
Complaints Relating to Public Procurement. 4. Upon receipt
the supplier’s/contractor’s complaint, the Public Procurement
fice must not later than on the next working day notify the contracting authority
the receipt
the complaint. Upon receipt
the notification
the Public Procurement
fice regarding the complaint filed by the supplier/contractor, the contracting authority must suspend procurement procedures. The procedures shall be resumed only upon authorisation
the Public Procurement
fice. 5. The contracting authority must extend the time limits
procurement procedures for the period the procedures are suspended. If the time limits
procurement procedures
which the suppliers/contractors were earlier notified are extended by reason
the complaint examination, the contracting authority shall send a notice to the effect to other suppliers/contractors and specify the reasons for the extension
the time limits. Article 39. Form and Contents
Complaints 1. Complaints shall be filed with the Public Procurement
fice in writing. The complaint shall indicate: 1) the name, address and code
the supplier/contractor; 2) the name, address and code
the contracting authority the actions or decisions whereof are the object
complaint; 3) unlawful actions or decisions
the contracting authority and the legal acts or circumstances which prove the unlawfulness thereof; 4) full name
the member
the Independent Commission for the Examination
Complaints Relating to Public Procurement, selected by the supplier/contractor; 5) the requirements
the supplier/contractor.
Complaints Relating to Public Procurement 1. The Independent Commission for the Examination
Complaints Relating to Public Procurement (hereinafter referred to as the Independent Commission) is a Commission for the examination
complaints filed by the suppliers/contractors, whose functioning is governed by this Law and the regulations approved by the Government
the Republic
Lithuania. 2. Candidates to the members
the Independent Commission shall be nominated by state and local government institutions, associations, public organisations. 3. The Public Procurement
fice shall draw up and approve the list
the Independent Commission members from the nominated candidates, to be published in the supplement to the publication “Valstybës þinios”- “Informaciniai praneðimai”. 4. The requirements for the members
the Independent Commission and the requirements for the drawing up
their list (the entry
members on the list and their removal form the list) shall be laid down by the Public Procurement
fice. 5. The procedure
remuneration
the Independent Commission members for their work and the procedure for covering the costs
complaint examination at the Independent Commission shall be established by the Government
the Republic
Lithuania. Article 41. The Procedure and Time Limits
Complaint Examination 1. The Independent Commission shall examine only those complaints
the suppliers/contractors which are received prior to the adoption
the decision by the Commission regarding the successful tender and filed in compliance with the requirements
Articles 38 and 39
this Law. 2. The complaints shall be examined by 3 members
the Independent Commission,
whom the supplier/contractor, the contracting authority and the Public Procurement
fice shall each select one member from the list
the Independent Commission members provided for by Article 40
this Law. The Public Procurement
fice shall appoint the Chairman
the Independent Commission from the selected members. 3. Upon receipt
a complaint the Public Procurement
fice shall within 3 days address the contracting authority requesting that the latter select, within a 3-day period, a member
the Independent Commission. If the contracting authority fails to select a member within the prescribed time period, the member
the Independent Commission shall be appointed by the Public Procurement
fice. 4. The Independent Commission must examine the complaint within 20 days from the receipt thereof by the Public Procurement
fice. The Public Procurement
fice may extend the time limit for the examination
the complaint for no longer than 20 days.
paragraph 5 hereof, the Public Procurement
fice, if it believes that the elements
crime are present, shall notify the State Control or the appropriate law enforcement institutions thereof. 7. The conditions and procedure
complaint examination and removal
the Independent Commission members from complaint examination shall be established by the Government
the Republic
Lithuania . Article 42. Appealing against the Actions
the Public Procurement
fice and the Decisions
the Independent Commission The supplier/contractor and the contracting authority shall have the right to appeal to court according to the procedure prescribed by law against the actions
the Public Procurement
fice and the decisions
the Independent Commission. Article 43. The Right
the Supplier/Contractor to Recover Damages If the contracting authority fails to fulfil the requirements set forth by this Law and other legal acts or violates the supplier’s/contractor’s rights, the supplier/contractor shall have the right to bring an action for damages. Article 44. Liability
the Supplier/Contractor If the supplier/contractor presents forged documents or false data to the contracting authority or fails to fulfil the requirements
this Law and other legal acts, the contracting authority may sue the supplier/contractor for damages in accordance with the procedure established by law. Article 45. Liability
the Executives or other Authorised Persons
the Contracting Authority The executives or other authorised persons
the contracting authority (Commission members and experts) who violate this Law shall be held liable in accordance with the procedure established by law. CHAPTER FOUR FINAL PROVISIONS Article 46. Coming into Effect
the Law 1. The Law shall come into effect as
1 October 1999, except for CHAPTER THREE which shall come into effect as
1 January
this Law, shall be performed and complaints, received prior to the coming into effect
Chapter Three
this Law shall be examined in accordance with the provisions
the Law
the Republic
Lithuania on Public Procurement No.I-1491, enacted on 13 August 1996.” I promulgate this Law passed by the Seimas
the Republic
Lithuania PRESIDENT
THE REPUBLIC VALDAS ADAMKUS
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