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Government of the Republic of Lithuania

Government of the Republic of Lithuania official translation GOVERNMENT OF THE REPUBLIC OF LITHUANIA RESOLUTION No.1467 REGARDING THE APPROVAL OF LEGAL ACTS REGULATING THE ACTIVITIES OF THE INDEPENDENT COMMISSION FOR THE EXAMINATION OF COMPLAINTS RELATING TO PUBLIC PROCUREMENT 24 December 1999 Vilnius Pursuant to paragraphs 1 and 5 of Article 40 and paragraph 7 of Article 41 of the Law of the Republic of Lithuania on Public Procurement, the Government of the Republic of Lithuania has resolved:

  1. To approve the following appended documents: 1.
  2. the Regulations of the Independent Commission for the Examination of Complaints Relating to Public Procurement: 1.
  3. the terms and procedure of complaint examination and of removal from the complaint examination of he members of the Independent Commission for the Examination of Complaints Relating to Public Procurement; 1.
  4. the procedure for covering the expenses relating to the complaint examination in the Independent Commission for the Examination of Complaints Relating to Public Procurement.
  5. The Resolution shall become effective as of 1 January
  6. Prime Minister Andrius Kubilius Minister of the Economy Valentinas Milaknis APPROVED by the Resolution of the Government of the Republic of Lithuania of 24 December 1999 No. 1467 REGULATIONS OF THE INDEPENDENT COMMISSION FOR THE EXAMINATION OF COMPLAINTS RELATING TO PUBLIC PROCUREMENT I. GENERAL PROVISIONS
  7. The Independent Commission for the Examination of Complaints Relating to Public Procurement (hereinafter referred to as the Independent Commission) shall examine the complaints lodged by suppliers/contractors in accordance with the procedure set out in the Law of the Republic of Lithuania on Public Procurement (hereinafter referred to as the Law on Public Procurement) against the decisions or actions of the contracting authority during the adoption or performance whereof it did not comply with the requirements of the Law on Public Procurement and violated the rights or lawful interests of the supplier/contractor.
  8. In its activities the Independent Commission shall be governed by the Constitution of the Republic of Lithuania, the Law of the Republic of Lithuania on Public Procurement, other laws, Resolutions of the Government of the Republic of Lithuania, other legal acts and these Regulations.
  9. The Public Procurement Office under the Government of the Republic of Lithuania (hereinafter referred to as the Public Procurement Office) shall organise examination of complaints in the Independent Commission, furnish information required for the examination of complaints as well as providing for Commission technical services: shall provide it with equipped working places, a conference hall, and shall supply it with office equipment. II. FUNCTIONS OF THE INDEPENDENT COMMISSION
  10. The independent Commission shall: 4.
  11. examine the complaints of suppliers/contractors regarding the decisions or actions of the contracting authority, whereby the rights or lawful interests of the supplier/contractor are violated; 4.
  12. adopt decisions binding on the supplier/contractor and the contracting authority. III. RIGHTS AND DUTIES OF THE INDEPENDENT COMMISSION
  13. While discharging the functions assigned to it, the Independent Commission shall have the right to: 5.
  14. apply to the Public Procurement Office for the extension of the term for complaint investigation. 5.
  15. upon investigating the complaint, refuse to meet it and reject the complaint or meet the complaint and obligate the contracting authority to reverse or change the decisions or actions whereby the rights or lawful interests of the supplier/contractor have been violated or to terminate the procurement procedures.
  16. While fulfilling the functions assigned to it, the Independent Commission must: 6.
  17. impartially and objectively examine the supplier’s/contractor’s complaint, keeping within the time limits prescribed by law, and adopt a decision thereon; 6.
  18. not to disclose state, official, commercial-production, professional or bank secrets; 6.
  19. having examined the complaint, within 3 days deliver the documents relating to the complaint examination to the Public Procurement Office. IV. APPOINTMENT AND COMPOSITION OF THE INDEPENDET COMMISSION
  20. The Independent Commission for the investigation of a complaint shall consist of 3 members.
  21. The supplier/contractor, the contracting authority and the Public Procurement Office shall choose one member each from the list of the members of the Independent Commission, compiled and approved by the Public Procurement Office. While choosing a member from the list, the supplier/contractor and the contracting authority may indicate who of the members should investigate the complaint should it transpire that the chosen member may not participate in the examination of the complaint. The number of alternate members shall not be limited.
  22. Upon receiving the complaint, the Public Procurement Office must not later than on the next working day address the contracting authority notifying it of the receipt of the complaint and advising it should choose a member of the Independent Commission within 3 days. In the event of failure by the contracting authority to act as advised within 3 days after having been addressed by the Public Procurement Office, the member of the Independent Commission shall be appointed for the contracting authority by Public Procurement Office.
  23. The Chairman and a member of the Independent Commission may not at the same time participate in the examination of more than one complaint.
  24. The Independent Commission shall be appointed not later than within 5 days following the receipt of the complaint, the Chairman and the secretary shall also be appointed at the same time. The Chairman of the Independent Commission shall be appointed by the Public Procurement Office from the members chosen by the supplier/contractor, the contracting authority and the Public Procurement Office. A staff member of the Public Procurement Office shall be appointed Secretary by the order of the Director of the Office. V. ORGANISATION OF WORK OF THE INDEPENDENT COMMISSION
  25. The Independent Commission shall perform its activities by way of a meeting.
  26. Meetings of the Independent Commission shall be presided over by the Chairman.
  27. The decisions of the Independent Commission shall be adopted by majority vote and executed in writing. The decision shall be signed by the Chairman of the Independent Commission and all the members.
  28. Minutes shall be taken of the meetings of the Independent Commission. The minutes shall be signed by the Chairman of the Independent Commission and the Secretary of the meeting. _________________________________ APPROVED by the Resolution of the Government of the Republic of Lithuania of 24 December 1999 No. 1467 TERMS OF EXAMINATION OF COMPLAINTS AND THE PROCEDURE OF REMOVAL OF MEMBERS OF THE INDEPENDENT COMMISSION FROM THE EXAMINATION OF COMPLAINTS RELATING TO PUBLIC PROCUREMENT I. GENERAL PROVISIONS
  29. The Terms and Procedure of Examination of Complaints as well as of Removal of the Members of the Independent Commission from the Examination of Complaints Relating to Public Procurement (hereinafter - these Terms and Procedure) shall regulate the lodging of complaints of suppliers/contractors about the decisions or actions of the contracting authority whereby the rights or lawful interests of the supplier/contractor are violated, the examination of the complaints in the Independent Commission for the Examination of Complaints Relating to Public Procurement (hereinafter referred to as the Independent Commission), the adoption of decisions, also the terms and procedure of removal of the Commission members. II. TIME LIMITS OF LODGING AND EXAMINATION OF COMPLAINTS
  30. The complaint shall be lodged within 10 days from the day when the supplier/contractor became aware or should have become aware of the violation of its lawful interests or within 5 days from the receipt of the decision of the contracting authority on the settlement of the claim or, in case the decision was not received, within 5 days of the expiry of the time period set in Article 37 of the Law of the Republic of Lithuania on Public Procurement (hereinafter referred to as the Law on Public Procurement) for the examination of claims, but not later than before the adoption of the decision by the Public Procurement Commission regarding the successful tender. The supplier/contractor shall have the right to lodge a complaint even without having lodged a claim against the contracting authority.
  31. The complaint shall be lodged with the Public Procurement Office under the Government of the Republic of Lithuania (hereinafter referred to as the Public Procurement Office). The suppliers/contractors shall deliver complaints themselves (through the courier) or send the complaints by post. The complaint shall be considered to have been lodged on the day it is received by the Public Procurement Office.
  32. Complaints shall be registered at the Secretariat of the Public Procurement Office. The envelopes of the complaints received by post shall be attached to the documents to verify the date of their mailing or receipt.
  33. The Independent Commission must examine the complaint within 20 days from the receipt thereof by the Public Procurement Office. Upon receiving a substantiated request of the Independent Commission, the Public Procurement Office may extend the time limit for the examination of the complaint, but for no longer than 20 days. III. THE FORM AND CONTENTS OF COMPLAINTS
  34. The supplier/contractor shall lodge a complaint in writing. The complaint must indicate: 6.1 the name, address and registration number of the supplier/contractor; 6.
  35. the name, address and registration number of the contracting authority the actions or decisions whereof relating to public procurement are the object of complaint; 6.
  36. unlawful actions or decisions of the contracting authority and the legal acts or circumstances which substantiate the unlawfulness thereof; 6.
  37. the demands of the supplier/contractor; 6.
  38. name and surname of the member of the Independent Commission, chosen by the supplier/contractor.
  39. The complaint must be signed by the supplier/contractor or its authorised representative.
  40. The authorisation or other appropriate document authorising the representative of the supplier/contractor to represent the enterprise, institution or organisation as well as the documents substantiating the complaint shall be attached to the complaint. IV. REFUSAL TO ACCEPT THE COMPLAINT AND JOINING OF COMPLAINTS
  41. The Public Procurement Office shall refuse to accept a complaint if: 9.
  42. the examination of the complaint is not assigned within the competence of the Independent Commission; 9.
  43. the complaint is lodged after the expiry of the time limit for the lodging thereof; 9.
  44. the complaint is lodged after the Public Procurement Commission has already adopted a decision on the successful tender; 9.
  45. the supplier/contractor is lodging a complaint against the actions or decisions of the contracting authority, whereon a decision has already been adopted by the Independent Commission or in relation whereto the application of the supplier/contractor to drop the complaint has already been granted; 9.
  46. the complaint is lodged by a representative who has not been granted the authorisation.
  47. The supplier/contractor shall be notified of the refusal to accept the complaint not later than on the next working day following the adoption of the relevant decision, at the same time specifying the reasons for refusing to accept the complaint.
  48. If the complaint does not comply to the requirements set forth in paragraph 6 of these Terms and Procedure, or if the complaint is lodged by the representative who has not been granted the authorisation, the Public Procurement Office shall return the complaint pointing out the shortcomings and setting the date by which the shortcomings have to be eliminated. If the shortcomings are eliminated within the fixed time limit, the complaint shall be considered to have been lodged on the day of the initial filing thereof with the Public Procurement Office. In the contrary case the complaint shall be deemed not to have been lodged.
  49. Where the complaint is lodged by one supplier/contractor, the Public Procurement Office shall have the right to join the complaints of other suppliers/contractors concerning the same decisions or actions of the contracting authority with the complaint lodged first. The supplier/contractor who lodged the complaint and other complainants shall be notified thereof. V. DUTIES OF MEMBERS OF THE INDEPENDENT COMMISSION
  50. A member of the independent Commission who takes part in the examination must: 13.
  51. personally familiarise himself with the material, presented for the purpose of examination of the complaint; 13.
  52. take part in the meetings of the Independent Commission; 13.
  53. not later than one day before the day of the meeting notify the Director of the Public Procurement Office and the Chairman of the Independent Commission of the circumstances precluding him from taking part in the examination of the complaint; 13.
  54. not disclose state, official, commercial-production, professional or bank secrets. VI. TIME AND PLACE OF MEETINGS OF THE INDEPENDENT COMMISSION
  55. The time of the meetings of the Independent Commission shall be fixed by the Chairman of the Public Procurement Office upon agreeing the time with the members of the Independent Commission and the Public Procurement Office.
  56. The meetings of the Independent Commission shall be held in the premises assigned by the Public Procurement Office. VII. PRELIMINARY MEETING
  57. Before examining the complaint on the merits, a preliminary meeting shall be convened.
  58. The preliminary meeting shall be a closed meeting, with only the members of the Independent Commission and the secretary of the meeting participating.
  59. The following issues shall be decided at the preliminary meeting: 18.
  60. deliberations shall be held on whether or not additional material is required in order to examine the complaint. Documents issued in foreign countries, additionally presented by the contracting authority or the supplier/contractor, must be legalised in the manner prescribed by legal acts. 18.
  61. the necessity of the experts’ findings shall be considered; 18.
  62. the applications filed by the supplier/contractor and the contracting authority shall be considered; 18.
  63. the date of the meeting at which the complaint shall be examined on the merits shall be set; 18.
  64. deliberations as to what other persons, except for the representatives of supplier/contractor and contracting authority, must participate in the meeting at which the complaint will be examined on the merits, shall be held.
  65. The Public Procurement Office shall invite experts on the advice of the Independent Commission and prepare and furnish information to the Independent Commission which examines the complaints. VIII. GROUNDS FOR REMOVING THE CHAIRMAN OF THE INDEPENDENT COMMISSION AND COMMISSION MEMBERS
  66. The Chairman or a member of the Independent Commission may not participate in the examination of the complaint if he: 20.
  67. is related by blood or by marriage with the supplier/contractor or his representative, the representative of the contracting authority or other members of the Independent Commission, who are examining the complaint, the secretary of the meeting or the expert. Persons related by blood or by marriage with the Chairman or members of the Independent Commission are the Chairman’ or member’s parents, adoptive parents, brothers and sisters and their children, grandparents, spouses, children, adoptive children, their spouses and their children, also the parents, brothers, sisters of the spouses, as well as their children; 20.
  68. is related by employment or other contractual relations with the supplier/contractor or the contracting authority, or if less than one year has expired after the change in the relations. 20.
  69. is the representative of the supplier/contractor or the contracting authority; 20.
  70. he himself or the persons related to him by blood or by marriage are directly or indirectly interested in the results of the complaint examination or there are other circumstances which put his impartiality to the doubt, IX. PROCEDURE FOR REMOVING THE CHAIRMAN AND MEMBERS OF THE INDEPENDENT COMMISSION, APPOINTMENT OF ANOTHER MEMBER OF THE COMMISSION
  71. In case the circumstances specified in paragraph 20 of these Terms and Procedure are present, the Chairman or a member of the independent Commission shall file a written application requesting to remove him from the examination of the complaint. The above persons may be removed on the same grounds by the supplier/contractor, contracting authority and the Public Procurement Office.
  72. The removal must be justified and request for the removal must be filed in writing prior to the opening of the meeting at which the complaint will be examined on the merits. The request for removal may be submitted on a later date only in cases where the person who requests the removal has found out of the grounds for removal only after the commencement of the examination of the complaint on the merits.
  73. The issue of removal of a member of the Independent Commission shall be resolved by the decision of the Chairman of the Independent Commission not later than on the next working day after the receipt of the request for removal, whereas the issue of removal of the Chairman shall be settled by the order of the Director of the Public Procurement Office. The decision on the removal is final and not subject to appeal.
  74. In the event of removal of the Commission member chosen by the supplier/contractor or the contracting authority, the Chairman of the Independent Commission shall invite another person named while choosing the members of the Independent Commission (according to the order of priority) to substitute for the removed member. If no alternate members have been named by the supplier/contractor or the contracting authority, it will be advised to choose another member from the list drawn up and approved by the Public Procurement Office. Where the member appointed by the Public Procurement Office is removed, the alternate member shall be chosen from the list by the Public Procurement Office. The person appointed to substitute for the removed Chairman or member of the Independent Commission, who begins to examine the complaint, shall be presented copies of the complaint and of the documents relating to the examination thereof; in addition, he will be notified of the progress of complaint examination prior to the beginning of his work on the Independent Commission. X. DROPPING THE COMPLAINT
  75. The supplier/contractor may drop the complaint prior to the day of the examination thereof on the merits by filing a written application with the Public Procurement Office. Before the complaint is transferred to the Independent Commission for examination, the issue concerning its dropping shall be decided by the Director of the Public Procurement Office, whereas after the complaint has been transferred to the Independent Commission the issue shall be resolved by the Commission. The issue of dropping of the complaint shall be resolved within 2 working days after the receipt of the application. The Public Procurement Office and the Independent Commission may refuse to accept the dropping of the complaint, if the examination thereof is necessary in the public interest. The written application of the supplier/contractor whereby he drops its complaint shall be attached to the complaint examination documentation, certified by the signature of the authorised representative. XI. NOTICE OF THE TIME AND PLACE OF THE MEETING
  76. The secretary of the Independent Commission shall notify in writing the members of the Independent Commission, the supplier/contractor, the contracting authority and other persons invited to take part in the examination of the complaint on the merits of the time and place of the meeting.
  77. A member of the Independent Commission who is unable to attend the meeting, must notify the Chairman of the Independent Commission thereof in advance. The date of the meeting may be postponed by the Chairman of the Independent Commission for no longer then 3 days. If the Chairman of the Independent Commission is unable to take part in the meeting, he shall notify the Director of the Public Procurement Office thereof. In such event the meeting shall be postponed for no longer than 3 days by the Director of the Public Procurement Office.
  78. If the representative of the supplier/contractor or the contracting authority fails to arrive at the meeting, the complaint shall be examined only provided there is information confirming that the supplier/contractor or the contracting authority has been timely notified of the place and time of the complaint examination. XII. OPENESS OF THE MEETING AND THE LANGUAGE IS WHICH IT IS CONDUCTED
  79. The examination of complaints at the meeting of the Independent Commission shall be open. Where open examination of the complaint may result in the disclosure of a state, official, commercial-production, professional, bank secret, the Independent Commission may call a closed meeting by taking a justified decision thereon.
  80. Only the representatives of the supplier/contractor and the contracting authority as well as experts and interpreters may take part in the closed meeting.
  81. Meetings of the Independent Commission shall be held in the Lithuanian language. A person invited to the meeting, who does not speak Lithuanian, shall arrive accompanied by an interpreter.
  82. If the original of the document presented to the Independent Commission is drawn up in a foreign language, the official translation of the document into the Lithuanian language must also be presented. XIII. POWERS OF THE CHAIRMAN OF THE INDEPENDENT COMMISSION
  83. The meeting shall be presided over by the Chairman of the Independent Commission. The Chairman of the Independent Commission shall: 33.
  84. announce the opening of the meeting; 33.
  85. establish the identity of persons present at the meeting, taking part in the examination of the complaint, check the authorisations of the representatives; 33.
  86. grant the persons participating in the examination of the complaint the right to state their opinion, and put questions to them; 33.
  87. give a warning and, when the warning is not heeded, interrupt the speech of the person who participates in the examination of the complaint if it is irrelevant to the examination; 33.
  88. give a warning, and if the warning is not heeded, order the person who violates the order of the meeting to leave the conference room; 33.
  89. announce breaks in the work of the meeting; 33.
  90. sign the minutes of the meeting; 33.
  91. announce the meeting closed; 33.
  92. announce the adopted decision; 33.
  93. not later than within 3 days after the examination of the complaint present to the Public Procurement Office documents attesting travel and accommodation expenses of the members of the Independent Commission. XIV. ABSENCE FROM THE MEETING OF THE MEMBER OF THE INDEPENDENT COMMISSION
  94. If a member of the Independent Commission is absent from the meeting, the meeting shall be adjourned. This fact shall be recorded in the minutes.
  95. Should it transpire that the member of the Independent Commission is repeatedly absent from the meeting without a valid reason, he may be removed from the list of the Commission members. XV. COURSE OF THE MEETING
  96. The Chairman of the Independent Commission shall open the meeting by announcing the complaint to be examined, naming those, who are present at the meeting and shall give the floor to the representative of the supplier/contractor.
  97. After the representative of the supplier/contractor the floor shall be given to the representative of the contracting authority and thereafter - to the expert. Members of the Independent Commission shall have the right to put questions to them.
  98. If the representative of the supplier/contractor or the contracting authority is not present at the meeting, the complaint shall be examined on the basis of the written material.
  99. Having heard the explanations of the persons participating in the examination of the complaint and having examined all the documents, the Chairman of the Independent Commission shall close the meeting and request the persons present at the meeting to leave the conference room as well as announcing the time when the decision is to be announced.
  100. If the complaint is complicated and its examination in the course of one meeting proves impossible, the Chairman of the Independent Commission may decide to hold several meetings. XVI. MINUTES OF THE MEETING
  101. Minutes shall be taken during the meeting. The minutes shall be recorded by the secretary of the meeting.
  102. The following shall be recorded in the minutes of the meeting: 42.
  103. the date and place of the meeting, the time of opening and closure of the meeting; 42.
  104. the name and surname of the members of the Independent Commission, secretary of the meeting, expert, supplier/contractor or its representative and representative of the contracting authority, the names, addresses and registration numbers of the supplier/contractor and the contracting authority; 42.
  105. the substance of the complaint; 42.
  106. the demands of the supplier/contractor; 42.
  107. information about the attendance of the persons participating in the meeting or the reasons of their failure to attend; 42.
  108. if the meeting is adjourned - the reasons of adjournment; 42.
  109. the explanations given by the representatives of the supplier/contractor or the contracting authority, the finding of the expert, questions of the members of the Independent Commission and responses to them; 42.8 the substance of the adopted decision (information on the meeting of the requirements of the supplier/contractor). The minutes shall be signed on the day of their drawing up. The minutes shall be signed by the Chairman of the Independent Commission and the secretary of the meeting. The supplier/contractor or its representative as well as the representative of the contracting authority shall have the right to familiarise themselves with the minutes and receive copies thereof. XVII. TYPES OF DECISIONS
  110. Upon examining the complaint, the Independent Commission shall adopt one of the following decisions: 43.
  111. to refuse to meet the complaint and to reject it; 43.
  112. to meet the complaint and to obligate the contracting authority to reverse or change the decisions or actions; 43.
  113. to meet the complaint and to terminate the procurement procedures. XVIII. ADOPTION OF DECISIONS
  114. The data specified in paragraphs 49.1-49.4 and 49.9-49.11 of these Terms and Procedure shall be recorded in the adopted decision and the decision shall be announced on the day it is adopted. The other part of the decision shall be recorded within 3 days and must comply with the requirements set forth in paragraphs 49.5-49.8 of these Terms and Procedure.
  115. Only the Chairman of the Independent Commission and the members who were engaged in the complaint examination may be present during the adoption of decision.
  116. The decision shall be adopted by majority vote.
  117. The decision shall drawn up by the Chairman of the Independent Commission or one of the members of the Independent Commission. XIX. FORM AND CONTENTS OF THE DECISION
  118. The decision shall be drawn up in writing and signed by the Chairman and members of the Independent Commission.
  119. The following shall be specified in the decision: 49.
  120. the date and place of the adoption of the decision; 49.
  121. the names and surnames of the Commission members who adopted the decision and of the secretary of the meeting, the name, address and registration number of the supplier/contractor and the contracting authority, also the names, surnames and personal numbers of their representatives; 49.
  122. the contents of the complaint; 49.
  123. claims of the supplier/contractor; 49.
  124. explanations given by the persons who take part in the examination of the complaint; 49.
  125. the established factual circumstances; 49.
  126. the circumstance on which the decision of the Independent Commission are based; 49.
  127. legal acts whereby the Commission guided itself while adopting the decision; 49.
  128. the decision of the Independent Commission; 49.
  129. instruction concerning the distribution of the complaint examination expenses. Should it transpire that the contacting authority violated the lawful interests of the supplier/contractor, it must compensate the expenses of complaint examination incurred by the supplier/contractor; 49.
  130. the right of the supplier/contractor and the contracting authority to appeal against the decision of the Independent Commission in court. XX. SUBMISSION OF THE DECISION TO THE PUBLIC PROCUREMENT OFFICE
  131. The Chairman of the Independent Commission shall within 3 days after the adoption of the decision transfer the decision together with the entire documentation relating to the complaint examination to the Public Procurement Office. XXI. NOTIFICATION OF THE ADOPTION OF THE DECISION
  132. The Public Procurement Office shall dispatch copies of the decision to the supplier/contractor, the contracting authority and, as necessary, to the founder of the contracting authority or the holder of state-owned shares no later than on the next day following the drawing up of the decision. XXII. SUPERVISION OF THE IMPLEMENTATION OF THE DECISION
  133. The contracting authority shall notify the Public Procurement Office of the implementation of the decision adopted by the Independent Commission no later than within 3 working days after the receipt of the decision. XXIII. APPEALING AGAINST THE DECISION
  134. The supplier/contractor or the contracting authority shall have the right to appeal against the decision of the Independent Commission in court in the manner prescribed by law. The Independent Commission shall be represented in court by the Chairman of the Commission or, in his absence, by one of the Commission members. In the absence of the Chairman the member of the Independent Commission shall be appointed by the Public Procurement Office. Acting as a representative in court, the Chairman or the member of the Independent Commission shall have the right to legal assistance from the Public Procurement Office. _______________________________ APPROVED by the Resolution of the Government of the Republic of Lithuania of 24 December 1999 No. 1467 PROCEDURE FOR THE REIMBURSEMENT OF EXPENSES RELATING TO THE EXAMINATION OF COMPLAINTS IN THE INDEPENDENT COMMISSION FOR THE EXAMINATION OF COMPLAINTS RELATING TO PUBLIC PROCUREMENT I. GENERAL PROVISIONS
  135. This Procedure shall regulate the reimbursement of expenses relating to the examination of complaints of the suppliers/contractors in the Independent Commission for the Examination of Complaints Relating to Public Procurement (hereinafter referred to as the Independent Commission). II. CALCULATION AND COVERING OF THE EXPENSES RELATING TO THE EXAMINATION OF COMPLAINTS
  136. The following expenses shall be considered as expenses relating to the examination of complaints: 2.
  137. amounts paid out to the Chairman and members of the Independent Commission for the examination of the complaint, also the calculated amounts of compulsory social insurance contributions. The Chairman and members of the Independent Commission who are civil servants of public administration shall not receive any remuneration. 2.
  138. accommodation and travel expenses incurred by the Chairman and members of the Independent Commission during the period of complaint examination as well as their daily allowance; 2.
  139. remuneration paid to the experts. The experts shall receive remuneration for the expert examination and shall have their accommodation and travel expenses incurred during the period of complaint examination covered for them; they shall also receive a daily allowance during the period and the average wage which they have not received in the principal job for the time spent summoned to the meeting of the Independent Commission.
  140. Accommodation and travel expenses incurred by the Chairman, members and experts of the Independent Commission during the period of complaint examination as well as the daily allowance they are entitled to shall be calculated in accordance with the provisions of the Resolution of the Government of the Republic of Lithuania of 23 January 1996 No. 120 “Regarding Business Trips in the Territory of the Republic of Lithuania”. Upon submitting documents confirming the actual expenses, the accommodation expenses shall be covered not in excess of the daily amount of LTL 80 for one person. Documents attesting the travel expenses of the Chairman, members and experts of the Independent Commission to the place of complaint examination shall be grounds for reimbursing their return trip expenses. Members of the Independent Commission shall present the documents attesting their accommodation and travel expenses to the Chairman of the Independent Commission. Upon examining the complaint and having adopted a decision, the Chairman of the Independent Commission shall within 3 days deliver the documents to the Public Procurement Office.
  141. When lodging a complaint, the supplier/contractor shall pay LTL 3000 into the separate current account “Funds for transfers” of the Public Procurement Office to cover the complaint examination expenses. The amount must be paid prior to the lodging of the complaint or before the appointment of the Independent Commission.
  142. The amounts specified in subparagraph 2 of paragraph 3 and paragraph 4 of this Procedure shall be indexed taking into account the inflation rate in the Republic of Lithuania. III. REIMBURSEMENT OF THE COMPLAINT EXAMINATION EXPENSES INCURRED BY THE SUPPLIER/CONTRACTOR AND THE CONTRACTING AUTHORITY
  143. If the Independent Commission meets the complaint, the contracting authority shall within 14 days after the adoption of decision reimburse the supplier’s/contractor’s the expenses incurred by it in relation to the complaint examination.
  144. The Public Procurement Office shall within 7 days of the adoption of the decision repay the supplier/contractor the actually unused residual amount of the sum paid in and issue a document attesting complaint examination expenses. If the sum paid in by the supplier/contractor proves insufficient to cover the complaint examination expenses, the Independent Commission shall set the time limit (not less than 3 days) for the supplier/contractor to pay the amount lacking. IV. PAYMENT OF FUNDS DUE TO THE CHAIRMAN, MEMBERS AND EXPERTS OF THE INDEPENDENT COMMISSION
  145. The amounts specified in paragraph 2 of this Procedure shall be paid to the Chairman, members and experts of the Independent Commission by the Public Procurement Office from the funds, kept in the separate current account “Funds for transfers”.
  146. The amounts due to the Chairman, members and experts of the Independent Commission shall be paid out by the Public Procurement Office upon the examination of the complaint and adoption of decision by the Independent Commission. V. FINAL PROVISIONS
  147. If the supplier/contractor drops its complaint, but the Independent Commission nevertheless decides to examine it, the expenses relating thereto shall be distributed according to the general procedure. If the supplier’s/contractor’s application to drop the complaint is granted, the supplier/contractor shall be repaid the actually unused residual amount of the sum paid in. _______________________________

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