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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 REGARDING THE APPROVAL OF THE REGULATIONS OF THE PUBLIC PROCUREMENT OFFICE UNDER THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA 21 December 2001 No. 1560 Vilnius Governed by paragraph 1 of Article 5 of the Law of the Republic of Lithuania on Public Procurement (Official gazette, 1996, No. 84-2000; 1999, No. 56-1809), the Government of the Republic of Lithuania has resolved:

  1. To approve the Regulations of the Public Procurement Office under the Government of the Republic of Lithuania (appended).
  2. To recognise as invalid the Resolution of the Government of the Republic of Lithuania of 30 September 1999 No. 1090 “Regarding the Approval of the Regulations of the Public Procurement Office under the Government of the Republic of Lithuania” (Official gazette, 1999, No. 83-2474). Prime Minister Algirdas Brazauskas Minister of the Economy Petras Čėsna APPROVED by the Resolution of 21 December 2001 No. 1560 of the Government of the Republic of Lithuania REGULATIONS OF THE PUBLIC PROCUREMENT OFFICE UNDER THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA GENERAL PROVISIONS
  3. The Public Procurement Office under the Government of the Republic of Lithuania (hereinafter referred to as the Office) is an office of the Government of the Republic of Lithuania. The Office shall coordinate procurement activities and supervise compliance, during the performance of the activities, with the Law of the Republic of Lithuania on Public Procurement (hereinafter referred to as the Law on Public Procurement) and the implementing legislation.
  4. The Office shall be governed in its activities by the Constitution and laws of the Republic of Lithuania, other legal acts adopted by the Seimas of the Republic of Lithuania, international treaties to which the Republic of Lithuania is a party, decrees of the President of the Republic, resolutions of the Government of the Republic of Lithuania, .ordinances of the Prime Minister, other legal acts and these Regulations. The activities of the Office shall be organised in accordance with the strategic action plans approved by the Government of the Republic of Lithuania, in which the principal tasks of the Office and the methods of their implementation shall be specified. One-year, three-year, five-year and ten-year action plans of the Office shall be drawn up and implemented having regard to the long-term strategic action plan of the Government of the Republic of Lithuania.
  5. The Office is a legal person having an account with the bank and a seal with the Lithuanian State emblem and its name imprinted on it. Address of the seat of the Office: 31 Algirdo St., Vilnius, Republic of Lithuania .
  6. The Office is a budgetary institution, financed from the State Budget of the Republic of Lithuania . II. TASKS AND FUNCTIONS OF THE OFFICE
  7. The principal tasks of the Office shall be as follows: 5.
  8. implementation of the State public procurement policy in conjunction with the Ministry of the Economy and other State institutions; 5.
  9. seeking to ensure in the process of public procurement of goods, services and works economical use of the resources of the State Budget, municipal budgets, State Social Insurance Fund Budget, Compulsory Health Insurance Fund Budget, other State monetary funds as well as the resources of the Bank of Lithuania, charity or other financial aid received on behalf of the State, whose donor has not specified the purpose of its use, also loans obtained on behalf of the State or with the State guarantee, unless other conditions are provided in the agreements on the use of the loans, and the resources of the subsidiaries of the enterprises controlled by the State or municipality or subsidiaries of the enterprises which are on the list of enterprises approved by the Government of the Republic of Lithuania, operating in the water, energy, transport and telecommunications sectors, also enterprises possessing the special or exclusive right granted by the State or municipality to operate in the above sectors, irrespective of the type of the enterprises and the form of their ownership.
  10. Performing the tasks assigned to it, the Office shall fulfil the following functions: 6.
  11. analyse and evaluate the system of procurement and draft proposals regarding its improvement; 6.
  12. coordinate the activities of public procurement; 6.
  13. draw up and submit to the Government according to the established procedure legal acts regulating public procurement; 6.
  14. within the remit of its competence draw up and adopt legal acts regulating public procurement; 6.
  15. monitor compliance of the public procurement process with the provisions of the Law on Public Procurement and implementing legislation; 6.
  16. store information in the manner prescribed by the Government of the Republic of Lithuania regarding the intended public procurement or that being engaged in, the concluded procurement contracts and the contract performance results, and submit the information to State (municipal) institutions and the public; 6.
  17. organise the training of the contracting authorities’ personnel responsible for public procurement and train the personnel 6.
  18. offer consultations to contracting authorities and suppliers/contractors or organise the provision of consultations to them on issues of public procurement; 6.
  19. deciding the issues of public procurement, maintain contacts with the appropriate institutions of foreign states and international organisations; 6.
  20. determine mandatory requirements of communications (prior indicative notices, invitations, and contract award notices and notices on contract performance results); 6.
  21. approve the estimated contract value calculation methodology, specify the procedure for discounting the price offered by the suppliers/contractors and fix the rate of discount; 6.
  22. approve standard forms of procurement reports; 6.
  23. in the manner established by laws authorise continuation of procurement procedures; 6.
  24. authorise rejection of all tenders by the contracting organisations on the grounds specified by law; 6.
  25. where the circumstances specified by law have evolved, authorise the contracting organisations to increase the price indicated in the procurement contract; 6.
  26. lay down the requirements for the members of the Independent Commission for the Examination of Complaints Relating to Public Procurement (hereinafter referred to as the Independent Commission); 6.
  27. prepare and furnish information to the Independent Commission examining the complaints; 6.
  28. compile and revise the list of members of the Independent Commission and publish the list in the information supplement to “Valstybės žinios” (Official gazette); 6.
  29. organise the hearing of the suppliers’/contractors’ complaints in the Independent Commission and appoint its chairman; 6.
  30. perform other functions established by law. III. RIGHTS OF THE OFFICE
  31. When implementing its functions, the Office shall have the right to: 7.
  32. obtain from State, municipal institutions information on the issues relating to the competence of the Office; 7.
  33. be provided by the contracting authority with information relating to procurement; 7.
  34. be provided by the contracting authority, Public Procurement Commission or its members as well as experts taking part in procurement procedures with explanation of procurement-related actions or decisions; 7.
  35. inspect compliance by the contracting organisations with the established procedure of execution of public procurement; 7.
  36. present contract documents and tenders submitted by suppliers/contractors for additional expert examination; 7.
  37. upon ascertaining violations of law, obligate the contracting authority to revoke or to modify the decisions or actions which do not conform to the requirements of the Law on Public Procurement; 7.
  38. take administrative action according to the procedure established by law against the persons who violated the Law on Public Procurement; 7.
  39. form commissions/working groups for drafting legal acts and other documents and for addressing important problems, enlist specialists from other State or local government executive institutions in the work of the commissions/working groups (with the said persons’ consent). As necessary, specialists from foreign states may also be invited to work on the commissions.
  40. The Office shall also have other rights assigned by laws and other legal acts. IV. ORGANISATION OF WORK OF THE OFFICE
  41. The Office shall be managed by the director who shall be appointed to the position for a 5-year period and dismissed by the Prime Minister in accordance with the procedure established by the Law of the Republic of Lithuania on Public Service. The director of the Office shall be subordinate to the Prime Minister. The Prime Minister shall grant incentives to the director of the Office and, as necessary, impose disciplinary sanctions on him.
  42. The director of the Office shall: 10.
  43. represent the Office in the institutions of State government, in court and in international organisations; 10.
  44. decide the issues assigned to the remit of competence of the Office, also perform the functions specified by the resolutions of the Government of the Republic of Lithuania, act on authority and fulfil orders given by the Government of the Republic of Lithuania and the Prime Minister, be personally responsible for the execution of tasks assigned to the Office; 10.
  45. ensure compliance with the laws, implementation of international agreements to which the Republic of Lithuania is a party, execution of the decrees of the President of the Republic, implementation of resolutions of the Government of the Republic of Lithuania , ordinances of the Prime Minister and other legal acts; 10.
  46. submit drafts of resolutions of the Government of the Republic of Lithuania and other legal acts according to the procedure established in the Regulations of the Government of the Republic of Lithuania; 10.
  47. ensure fulfilment of instructions of the Government of the Republic of Lithuania and the Prime Minister; 10.
  48. issue orders and other legal acts confirmed by orders, inspect their fulfilment; 10.
  49. submit to the Government of the Republic of Lithuania reports on the activities of the Office and reports on the programme of the Government of the Republic of Lithuania and on the measures of its implementation, account for its activities upon the request of the Prime Minister; 10.
  50. approve the structure of the Office, list of positions and their categories, keeping within the established limits of pay-roll resources; 10.
  51. approve the regulations of structural divisions of the Office and job descriptions; 10.
  52. in accordance with the procedure established by the Law of the Republic of Lithuania on Public Service, appoint to the positions and dismiss from them public servants employed in the Office, fix their salaries, provide incentives, and impose on them disciplinary sanctions; 10.
  53. approve strategic action plans of the Office.
  54. The director of the Office shall have a deputy whom the director shall appoint to the office and dismiss from it according to the procedure established by the Law of the Republic of Lithuania on Public Service.
  55. In his absence the director shall be temporarily substituted by his deputy. V. RECRUITMENT OF PUBLIC SERVANTS AND PAYMENT OF THEIR SALARIES
  56. The conditions of service of public servants in the Office and the procedure of payment of their salaries shall be established by the Law of the Republic of Lithuania on Public Service as well as other laws and legal acts. VI. SOURCES OF FUNDS OF THE OFICE AND USE OF THE FUNDS
  57. The Office shall be financed from the State Budget of the Republic of Lithuania according to the procedure established by legal acts. VII. CONTROL OF FINANCIAL ACTIVITIES
  58. Financial activities of the Office shall be controlled by the Ministry of Finance and other institutions according to the procedure established by laws and other legal acts. VIII. FINAL PROVISIONS
  59. The Office may be reorganised or liquidated in accordance with the procedure established by the laws of the Republic of Lithuania .

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