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REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA There is a new version of the law, No.VIII-1210, 1999.06.03 REPUBLIC OF LITHUANIA LAW ON PUBLIC PROCUREMENT Chapter I GENERAL PROVISIONS Article 1. The Objective of this Law 1. This Law shall regulate the procedure for the procuring of goods, works and services with the funds of the State Budget, municipal budgets, the budget of the State Social Insurance Fund and other resources of the state funds, funds received in the name of government institutions as charity or any other support, when the donor thereof does not specify the purpose for which it should be applied, as well as foreign loans received in the name of the State or guaranteed by the State, if the agreements concerning their utilisation does not provide for any other conditions, out of the funds of enterprises, institutions and organisations financed out of the State or municipal budgets and state funds, received from their business activities or from the appropriation or conveyance of their assets. 2. The procedure for public procurement established hereby shall apply to public procurement the value of which exceeds 25 000 litas. Public procurement the value of which is less than 25 000 litas shall be carried out according to the common commercial practice, by concluding a purchase- sale contract with the supplier (contractor) whose price and conditions are most acceptable. 3. The requirements of this Law shall not apply to: 1) procurement which is carried out for the purposes of security and defence, if they are associated with state secrets; 2) where goods or services are being procured pursuant to the provisions of the Law on Social Integration of the Disabled. 4. The Government may, for the reasons that are important to the State from economic or social points of view, pass the decision that while carrying out procurements of certain goods, works, or services preference should be given to goods, works and services that are being produced, executed or provided by enterprises which are registered in the Republic of Lithuania. Such decisions must be passed in compliance with the obligations established by international agreements of the Republic of Lithuania. Article 2. Definitions As used in this Law: 1. Public Procurement (hereinafter referred to as procurement ) means procurement of goods, works or services when they are paid for on demand or by installments with the funds specified in paragraph 1 of Article 1, as well as lease of goods carried out with such funds. 2. The Procuring Organisation means public authorities, an enterprise, institution or organisation carrying out procurement with the funds specified in paragraph 1 of Article 1. 3. Goods means real property, raw materials, manufactured articles, equipment and other articles of any form, as well as services relating to the supply of goods, if the value of these services does not exceed the value of the goods themselves. 4. Works means any works associated with the construction, reconstruction, removal, demolition, repairs or renovation of buildings, structures and facilities, including construction services relative thereto, if their value does not exceed the value of the construction itself. 5. Services means any object of purchase with the exception of goods and works. 6. Supplier (contractor) means potential or actual party to the procurement contract concluded with procuring organisation. 7. Procurement documents means the documents of the procuring organisation presented to the suppliers (contractors): invitation to participate in prequalification procedures, tender documents , invitation to tender, request for quotations for goods, works or services, explanations, amendments of and supplements to these documents. 8. Procurement Contract means purchase, sale contract, contract agreement or lease, awarded by the procuring organisation to the supplier (contractor) by procurement procedures prescribed by this Law. Article 3. International Obligations of the State, Relating to Procurement If international agreements of the Republic of Lithuania provide otherwise than this Law, the provisions of international agreements shall apply. Article 4. Subordinate Legislation Subordinate legislation relating to the implementation of this Law and compliance with its provisions shall be issued by the Government of the Republic of Lithuania or Public Procurement Agency under the Government of the Republic of Lithuania (hereinafter referred to as Public Procurement Agency). Article 5. Qualification of Suppliers (Contractors) 1. The procuring organisation must ascertain whether the supplier (contractor) is competent, reliable and capable to fulfill procurement conditions. For this purpose, at certain procurement process stages it shall have the right to demand that the supplier (contractor) submit or confirm the documents or other information presented earlier, evidencing its legal status, financial position, technical and management competence, the experience in performing similar procurement contract, its supply with labour resources and other data evidencing its qualification. 2. The procuring organisation may verify in advance the qualification of suppliers (contractors). In this case it shall propose that suppliers (contractors) submit the data certifying the qualification prior to sending their tenders or offers. 3. Qualification requirements of the procuring organisation, the criteria and procedure for their evaluation shall be laid down in the prequalification documents of suppliers (contractors) or in the documents of procurement tenders or the documents of the procurement carried out in any other manner. 4. The same requirements must be applied to all suppliers (contractors), they may not infringe the rights of suppliers (contractors) to protect their intellectual property or a commercial secret. 5. The procuring organisation may not permit a supplier (contractor) to participate in procurement procedures, if it finds out that the data submitted by the supplier (contractor) pertaining to its qualification are incorrect. It may also disqualify a supplier (contractor) if the data concerning its qualification as presented by it are in general inaccurate or incomplete. However, if at the request of the procuring organisation, the supplier (contractor) eliminates the shortcomings without delay, it shall be permitted to further participate in the procurement procedures. 6. Information relating to the suppliers (contractors) position shall be evaluated in accordance with the criteria and procedures laid down in the prequalification documents of suppliers (contractors), procurement tenders or procurement carried out by any other procedure. The procuring organisation shall pass a decision concerning the qualifications of each supplier (contractor) and shall inform in writing each of them about the results of this verification. The right to further participate in the procurement procedures shall be given only to those suppliers (contractors) whose qualifications satisfy the requirements applicable by the procuring organisation. Article 6. The Participation of Contractors (Suppliers) 1. All citizens of the Republic of Lithuania and foreign suppliers (contractors) may participate in procurement procedures, with the exception of cases when the procuring organisation may limit the participation of foreign countries ( or some of them) pursuant to this or other laws of the Republic of Lithuania. 2. The procuring organisation shall have the right to carry out procurements only from enterprises registered in the Republic of Lithuania - the manufacturers of goods, performers of works, and service providers, if the value of goods and services does not exceed 150 000 litas and the value of works - 500 000 litas, as well as in cases specified in paragraph 4 of Article 1. 3. The procuring organisation, after having announced in its first invitation that suppliers (contractors) from all countries may participate in the procurement procedures, may not change this clause later. If pursuant to paragraph 1 hereof the participation of certain suppliers (contractors) is limited, this must be indicated in the invitation to participate in the procurement procedures. Article 7. Communication of Notices 1. Notices of the procuring organisation and the suppliers (contractors) while participating in the procedures regulated by this Law must be communicated in such a manner so that their contents be recorded. 2. The procuring organisation must ensure that in procurement procedures documents, decisions or other notices be communicated without discrimination to the suppliers (contractors). Article 8. The Legalisation of Documents Submitted by Suppliers (Contractors) The procuring organisation shall have the right to request that foreign suppliers (contractors) submit legalized documents certifying the information given relating to their qualifications. The documents shall be legalized in accordance with the procedure established by the laws and Government decrees. Article 9. Report on Procurement Procedures 1. The procuring organisation shall, not later than within 10 days from the completion of procurement procedures, draw up a report on procurement procedures. The report must contain the following information: 1) short description of the object of procurement; 2) names and addresses of suppliers (contractors) who have submitted tenders, offers or prices; 3) information relating to the qualifications of suppliers (contractors) which participated in procurement procedures; 4) the price of each tender or offer or the essential conditions for its determination; 5) description of the evaluation and comparisons of tenders or offers; 6) the reasons of rejection of tenders or offers if pursuant to Article 10 of this Law all tenders or offers have been rejected; 7) the grounds for applying other than tendering procedure for procurement; 8) reasons of rejection, if tenders or offers have been rejected on the basis of criteria referred to in Article 12 of this Law. 2. The information referred to in subparagraphs 1 and 2 of paragraph 1 hereof after the acceptance of a tender, offer or a price or after the completion of procurement procedures according to the results of which procurement contracts have not been awarded, shall be provided to anyone who requests such information. 3. The information referred to in subparagraphs 3-7 of paragraph 1 hereof , after the tender, offer or price has been accepted, or after the completion of procurement procedures on the basis of the results of which procurement contracts have been not awarded, shall be furnished to the suppliers (contractors) who participated in the procurement procedures and who request such information. 4. The procuring organisation shall have no right to release information relating to procurement procedures where the release of information would impede law enforcement or otherwise be contrary to the interests of the State, or would prejudice the legitimate commercial interests of the contracting parties or might prejudice fair competition. 5. Procurement documents, their amendments, explanations and supporting documents, tenders and offers as well as other documents relating to the procurement procedures shall be kept for 5 years. Article 10. Rejection of All Tenders and Offers 1. If it is provided for in the procurement documents, the procuring organisation may, at any moment prior to the acceptance, reject all tenders and offers. In such case the procuring organisation shall inform any tenderer or supplier (contractor) who has submitted offers and who so request of the reasons of rejection. 2. In such case the procuring organisation, having satisfied the requirements referred to in paragraph 1 hereof shall not be liable to the suppliers (contractors) who have submitted tenders, offers or prices. 3. Notices stating that all tenders and offers have been rejected shall be sent to all suppliers (contractors) who have submitted tenders or offers not later than within 7 days from the completion of tenders. Article 11. Coming into Effect of the Procurement Contract 1. The procurement contract shall come into effect from the moment of its conclusion. 2. Where tendering procedures are applied, the moment of the conclusion of the procurement contract shall be established by Article 30 of this Law. 3. Where other procurement procedures are applied, procurement contract shall be deemed concluded after it is signed or signed and confirmed. When the procurement contract must be signed or signed and confirmed, the procuring organisation must indicate this in its notice inviting to submit offers or in its request for quotations. 4. If, pursuant to laws, the contract must be certified by a notary, it shall be deemed concluded from the moment of its notarization. The provision shall also apply to those contracts which are concluded by applying tendering procedures. Article 12. Prohibited Actions of Suppliers (Contractors) The procuring organisation, after the approval by the Public Procurement Agency, shall reject a tender , offer or offered price, if it has been established that the supplier (contractor) has directly or indirectly offered or agreed to repay an employee of the procuring organisation or tried in any other way to exert influence so that more favourable procurement procedures be applied in his respect. Such rejection of tender, offer or offered price and the reasons of rejection shall be recorded in the report on procurement procedures, and the supplier (contractor) shall be immediately informed of this. Article 13. Prohibition to Split up Procurements The procuring organisation shall be prohibited to split up the amount of the procurement with the intention of avoiding the application of the procurement procedure established by this Law. Article 14. Description of Goods, Works, or Services 1. Technical or qualitative characteristics of goods, works or services indicated in the procuring documents, the requirements applicable to their packaging, marking, labeling, testing as well as terminology and symbols must not prevent any domestic or foreign suppliers (contractors) from the participation in the procurement procedures. The descriptions of goods, works or services may not specify the trademarks, patents, models or origin of goods, performers of works or providers of services. 2. In the descriptions of goods, works or services, including procurement documents, specifications, schemes, drawings and sketches, international trade standards, marking and terminology shall be applied. Article 15. The Language of Documents The procuring organisation shall draw up procurement documents in the state language. When foreign suppliers (contractors) are invited to participate in procurement procedures, these documents shall be drawn up in one of the languages used in international trade. Chapter II MANAGEMENT OF PROCUREMENT ACTIVITIES Article 16. Management of Procurement 1. Public Procurement Agency shall coordinate the activities of procurement, supervise whether procurement activities are carried out in conformity with this Law and subordinate legislation. 2. The Agency shall fulfill the following main functions: 1) pursuant to this and other laws and subordinated legislation, shall prepare standard procurement documents, directions, and other documents regulating procurement activities; 2) shall supervise how the laws and subordinate legislation are being complied with while carrying out procurement activities; 3) shall, in accordance with the procedure established by the Government, gather information relating to procurement activities and furnish it to government (municipal) institutions and the public; 4) shall analyse and evaluate the operation of procurement system and prepare recommendations concerning its improvement; 5) issue specialised publication attached to the "Valstybes þinios" (Official Gazette); 6) organise and implement the training of employees engaged in procurement activities; 7) provide consultations and instructions to procuring organisations and suppliers (contractors) on issues of procurement; 8) fulfill the functions provided for in Articles 4, 12, 17, 37 and 38. Chapter III METHODS OF PROCUREMENT AND THEIR APPLICATION Article 17. Methods of Procurement Public procurement shall be carried out by applying the following methods; 1) open tenders; 2) closed tenders; 3) two-stage tenders; 4) negotiated tenders; 5) request- for- quotations; 6) single-source procurement. Article 18. The Procedure for the Application of Procurement Methods 1. Open tenders shall be applied for the procurement of goods and services the value of which exceeds 150 000 litas and for the works the value of which exceeds 500 000 litas. The procurement of such value may be carried out by applying other methods referred to in paragraphs 2-6 of Article 17 may be carried out only with the approval of the Government. 2. The method of procurement of goods and services the value of which does not exceed 150 000 litas and the works which does not exceed 500 000 litas shall be chosen by the procuring organisation itself in conformity with the requirements of this Law. Chapter IV OPEN TENDERS Article 19. Invitation for Tenders or Prequalification Selection 1. Invitation for tenders or prequalification selection where the participation of foreign suppliers (contracts) is not prohibited , shall be published in the language which is usually used in international trade, in a popular international newspaper or specialised publication or in a specialised international journal, as well as in the state language in the specialised publication or in a daily of the Republic of Lithuania. 2. When the procuring organisation decides that due to small value of goods, works and services only domestic suppliers (contractors) will be interested in submitting tenders, invitation for tenders or prequalification selection shall be published in the state language in a specialised Lithuanian publication or a daily paper. Article 20. The Contents of the Invitation for Tenders and Prequalification Selection The notice of the invitation to tender and prequalification selection shall include the following information: 1) name and address of the procuring organisation; 2) the nature, quantity, short qualitative characteristics of the goods to be supplied, the place and time of their delivery; 3) requested time limit for the delivery of goods, completion of works or provision of services; 4) indication whether foreign suppliers (contractors) may participate in the tenders; 5) name and address of the service from which the contract documents may be requested; 6) where applicable, the amount and terms of payment of the sum to be paid to obtain the documents; 7) the language or languages in which the documents must be drawn; 8) address and final date for the submission of tenders. 2. The notice of the invitation to participate in prequalification selection shall include the information referred to subparagraph 1, 4, 6 of paragraph 1 of this Article, as well as, if available, information indicated in paragraph 8 and the following information: 1) name and address of the service from which the prequalification documents may be requested; 2) where applicable, the amount and terms of payment of the sum to be paid to obtain the documents; 3) the language or languages in which the documents must be drawn; 4) address and final date for the submission of requests for the participation in prequalification selection. Article 21. Submission of Tender Documents The procuring organisation shall provide documents to the suppliers (contractors) in the manner provided for in the invitation to tender. In cases where suppliers (contractors) are selected by prequalification procedure, tender documents shall be provided only to those suppliers (contractors) which satisfy the requirements of the procuring organisation. The procuring organisation may charge a payment for tender documents in the amount of costs of their drawing up and provision to the suppliers (contractors). Article 22. The Contents of Tender Documents The tender documents shall consist of the following documents and information: 1) rules for the drawing up of tenders; 2) information concerning the criteria and procedures for the evaluation of the qualification of the suppliers (contractors); 3) requirements for the documents or other information that must be submitted by the suppliers (contractors) in order to proof their qualification; 4) names of goods, works or services to be procured and their technical and qualitative characteristics, as well as relevant specifications, schemes, drawings, and projects, the quantity of goods, the nature of the services to be supplied, the desirable or requested time limit for the supply of goods or provision of services; 5) criteria (with the exception of prices) on the basis of which the procuring organisation shall select the most suitable tender; their order of importance; 6) terms and conditions of the contract that the procuring organisation is offering as well as the model form of the contract, if available; 7) indication whether variants are permitted as to the characteristics of goods, works or services, the terms and conditions of the procurement contract or whether other requirements may be applied, and indication of how variants shall be appraised and compared; 8) if suppliers (contractors) can tender for a part of goods, works or services concerned - the description of this part or parts relative to which a tender may be submitted; 9) indication of how the price indicated in a tender must be calculated and expressed. It shall be indicated whether, in addition to the value of the goods and services, transportation, insurance costs, customs duties, excise duties, taxes and other elements of price are included in the price; 10) indication whether foreign suppliers (contractors) are invited to tender; 11) requirements of the procuring organisation applicable to the tender and the guarantor of the fulfilment of procurement contract and to the form of guarantees presented therefor; 12) final date and place for the submission of tenders and the manner in which the tender must be submitted; 13) manner in which the suppliers (contractors) may request explanations of tender documents, obtain information of whether the procuring organisation intends to hold meeting with suppliers (contractors); 14) period of validity of tenders; 15) date, time and place of the opening of tenders; 16) procedure for the opening and consideration of tenders; 17) currency in which tenders will be valued and compared, and the rate at which the value of tender will be converted into that currency; 18) names and addresses of officers and employees (one or several) of the procuring organisation, who are authorised to maintain direct contacts with suppliers (contractors) and to receive from them (not the broker) notices pertaining to procurement procedures; 19) if when selecting the most suitable tender, price preferences shall be applied in respect of domestic goods, contractors or service providers - the amount of these preferences; 20) all other requirements of the procuring organisation established pursuant to this Law and subordinate legislation regulating procurement, applicable to the drawing up of tenders and other issues of procurement procedures. Article 23. Explanation and Alteration of Tender Documents 1. The supplier (contractor) may request the procuring organisation to give explanations of tender documents. The procuring organisation shall respond to every request of the supplier (contractor) to explain tender documents which is received no later than 15 days before the expiry of the time period for the submission of tenders. The procuring organisation must respond to the received request within the time period which would enable the supplier (contractor) to submit his tender by the fixed date, but no later than within 5 days. The procuring organisation, responding to the supplier (contractor), shall at the same time send explanations to all suppliers (contractors) whom it had furnished with tender documents, without indicating, however, from whom it received a request for an explanation. 2. Prior to the expiry of the time period set for the submission of tenders, the procuring organisation may, on its own initiative or in response to any supplier's (contractor'

  1. s)request for an explanation, revise or supplement the tender documents. All suppliers (contractors) to whom the procuring organisation has sent tender documents shall be forthwith notified of the supplement or revision. 3. If the procuring organisation holds a meeting with the suppliers (contractors) it must draw up a record where all questions regarding the explanation of tender documents that are raised during the meeting shall be registered (without specifying from whom they came) and answers given to them shall be registered. The records shall be immediately presented to all suppliers (contractors) taking part in the procurement procedures. Article 24. The Submission of Tender 1. The procuring organisation shall fix the date and the hour which shall be considered the deadline for the submission of tender. The time period for the submission of tender may not be shorter than 30 days from the presentation of tender documents. 2. If, pursuant to Article 23 of this Law, the procuring organisation approves or supplements the tender documents or if it holds a meeting with the suppliers (contractors), then, prior to the expiry of the time period for the submission of tender, it shall postpone, in case of necessity, the deadline for the time period within which the suppliers (contractors), preparing their tenders, would be able to take into account said revisions, supplements or records of meetings. 3. Prior to the expiry of the time period for the submission of tender, the procuring organisation may postpone the deadline provided than one or more suppliers (contractors) are unable to submit their tenders within the fixed time period because of the circumstances that are beyond their control. 4. Notification of any postponement of the deadline for the submission of tender must be immediately sent to all suppliers (contractors) to whom tender documents were presented. 5. The tender shall be submitted in compliance with the following requirements: 1) in written form, signed by the supplier (contractor) or the person authorised by him, in a sealed and stamped envelope; 2) without infringing the supplier's (contractor'
  2. s)right to submit the tender in compliance with the form specified in sub-paragraph 1 of this paragraph, other requirements ensuring the authenticity, reliability and confidentiality of the tender may also be established as an alternative in the tender documents relative to the submission of the tender. 6. At the supplier's (contractor'
  3. s)request, the procuring organisation shall present a confirmation of the receipt of the tender and shall indicate the date and hour of the receipt. 7. In the event that the tender is received after the deadline, an unopened envelope with the tender shall be returned to the supplier (contractor) who sent it. Article 25. Period of Validity of the Tenders, Alteration and Withdrawal thereof 1. Tenders shall be valid for time period specified in the tender documents. 2. Prior to the expiry of the tender validity period, the procuring organisation may request that the suppliers (contractors) prolong their validity until the specified date. The supplier (contractor) may reject the request without forfeiting the right to the tender guarantee. 3. The suppliers (contractors) who agree to prolong the time period of validity of their tenders and notify the procuring organisation thereof in writing, shall extend the time period of tender guarantee or present new guarantees of tender validity. If the supplier (contractor) fails to respond to the request of the procuring organisation to prolong the time period of validity of tenders or fails to prolong them or does not present new tender guarantees, he shall be deemed to have rejected the request to prolong the term of validity of his tender. 4. Prior to the expiry of the time period for the submission of tenders, the supplier (contractor) may alter or withdraw his tender without forfeiting his right to his tender guarantee, unless the tender documents provide otherwise. Such alteration or notice of the tender withdrawal shall be recognised as valid if the procuring organisation receives it prior to the expiry of the time period for the submission of tenders. Article 26. Tender Guarantees 1. The procuring organisation may demand that the suppliers (contractors) who submit the tenders should also present guarantees of the tender validity. 2. The tender documents may provide for the type of the guarantor and the endorsing party, if any, as well as stating what form and terms and conditions of tender guarantees are acceptable to the procuring organisation. The procuring organisation may not reject a tender guarantee on the grounds of it being presented by a guarantor who is not from the Republic of Lithuania, should such tender guarantee and guarantor meet, in all other aspects, the requirements set forth in the tender documents (except when such tender guarantee is not in compliance with the laws of the Republic of Lithuania or foreign state). 3. Before submitting his tender, the supplier (contractor) may request that the procuring organisation confirm the acceptability of the proposed tender guarantor or the proposed endorsing party. In such event the procuring organisation must reply immediately. Confirmation of acceptability of the proposed guarantor or any proposed endorsing party shall not deprive the procuring organisation of the right to reject the tender guarantee on the grounds of the guarantor or the endorsing party having become insolvent or because of loss of confidence in them for some other reasons. 4. The procuring organisation shall state in the tender documents all the requirements applicable to the guarantor as well as specifying the required method, amount and other basic conditions of tender guarantee. Said requirements may only be related with: 1) withdrawal of the tender or alteration thereof upon the expiry of the time period set for the submission of tenders or prior to the expiry if this is provided for in the tender documents; 2) the supplier's (contractor'
  4. s)failure to sign the procurement contract if the purchasing organisation demands to sign it; 3) failure to present, after the acceptance of the tender, a guarantee for the execution of the contract or to comply, prior to the signing of the procurement contract, with any other terms and conditions laid down in the tender documents. 5. The procuring organisation may not demand that the guarantor pay the amount of the tender guarantee and shall immediately return or ensure that the supplier (contractor) be returned the tender guarantee document in the event of occurrence of any of the following facts: 1) expiry of the period of validity of the tender guarantee; 2) coming into effect of the procurement contract and the contract performance guarantee, if requested in tender documents; 3) termination of procurement procedures if the procurement contract does not come into effect; 4) the tender is withdrawn prior to the expiry of the time period for the submission of tenders unless this is prohibited by a provision in the tender documents. 6. In certain cases the Government may establish mandatory guarantees for tenders and for the performance of the procurement contract as well as determining the amount of the guarantees. Article 27. Opening of the Envelopes with Tenders 1. The envelopes containing tenders shall be opened at the place specified in the tender documents, on the stated day and at the fixed hour. The date must coincide with the deadline for the submission of tenders. Upon changing the deadline, the date of opening envelopes with tenders must be changed accordingly. The envelopes shall be opened by an authorised representative of the procuring organisation. All the envelopes with tenders received prior to the expiry of the time period for their submission must be opened at the fixed time. The procuring organisation shall allow all suppliers (contractors) who submitted their tenders or their representatives to participate in the envelope opening procedure. 2. The name of the supplier who submitted the tender, his address and the price indicated in the tender shall be announced to the suppliers (contractors) or their representatives taking part in the procedure of opening envelopes with tenders. The information shall also be furnished to those suppliers (contractors) who have submitted their tenders but are not present at the envelope opening procedure, if they so desire, and shall be immediately recorded in the report on procurement procedures drawn up pursuant to Article 9 of this Law. Article 28. Consideration, Evaluation and Comparison of Tenders 1. The procuring organisation may request that the suppliers (contractors) explain their tenders. It may not, however, request, propose or permit to change the essence of the tender: to change the price or make any other alterations that would convert a tender which does not meet formal requirements into that complying with formal requirements. A tender which meets all the requirements stated in the tender documents or a tender whose departure from the characteristics, terms and conditions and other requirements laid down in the tender documents is insignificant, whereas the mistakes or inaccuracies may be eliminated without changing the essence of the tender shall be considered as a tender complying with all the formal requirements. 2. The procuring organisation may correct in the tender only calculation mistakes noticed during the consideration of the tender. The procuring organisation shall notify the supplier (contractor) who submitted the tender of such corrections. 3. The procuring organisation shall not accept the tender submitted by the supplier (contractor) if: 1) the supplier (contractor) who submitted the tender does not meet the qualification requirements; 2) the supplier (contractor) who submitted the tender refuses to recognise the correction of any arithmetic mistake pursuant to paragraph 2 hereof; 3) the submitted tender is not in compliance with the formal requirements specified in paragraph 1 hereof; 4) circumstances specified in Article 12 occur. 4. The procuring organisation shall, complying with the requirements specified herein and with the procedures indicated in the tender documents, evaluate and compare only those tenders which meet the requirements laid down in the tender documents and shall determine the successful tender. Only those evaluation criteria which are specified in the tender documents may be applied in the process of evaluation and comparison. 5. The following tender shall be deemed the successful tender: 1) the tender offering the lowest price, taking into account the preferential changes determined in accordance with the procedure laid down in paragraph 6 hereof, or 2) the tender which, on evaluation by objective criteria expressed in monetary or other quantitative terms, is recognised as being most advantageous. 6. The Government shall determine the scope of preferential changes applicable, for the benefit of domestic suppliers (contractors), to specific types of goods, works or services as well as the procedure of application of said changes. The preferential changes applicable to goods and services may not exceed 15%, and to works - 20%. 7. Information related to the consideration, explanation, evaluation and comparison of tenders, with the exception of that specified in Article 9 of this Law, may be accessible only to those persons who officially take part in the consideration, evaluation and comparison of tenders or in reaching the decision. 8. In case less than 3 tenders are submitted by the expiry of the time period for the submission of tenders, the tendering shall be considered not to have been held and the tendering procedures shall be terminated. Article 29. Prohibition of Negotiations with the Suppliers (Contractors) The procuring organisation may not conduct any negotiations with the supplier (contractor) concerning the contents of the submitted tender. Article 30. Acceptance of the Tender and Award of the Procurement Contract 1. The tender recognised as the successful tender under Article 28 of this Law shall be accepted. The supplier (contractor) who sent the tender shall be immediately dispatched a notice concerning the acceptance of the tender. 2. The procurement contract shall be deemed to have been awarded from the moment the supplier (contractor) receives a notice concerning the acceptance of his tender. 3. If the procuring organisation has indicated in the tender documents that the procurement contract will have to be signed or signed and confirmed, the procurement contract shall be deemed to have been awarded from the moment it is signed by the procuring organisation and the supplier (contractor) or from the moment the contract is confirmed. 4. If the supplier (contractor) whose tender is accepted fails, at the procuring organisation's request, to sign the procurement contract or to offer guarantees of its performance, the procuring organisation shall select the successful tender from the remaining valid tenders in accordance with the procedure established by law. 5. Upon the coming into force of the procurement contract, other suppliers (contractors) who submitted their tenders shall be dispatched notices about the award of the procurement contract. The notice will state to whom the contract is awarded and the price of the contract. Chapter V PROCUREMENT ACCORDING TO THE CLOSED TENDERING PROCEDURE Article 31. Closed Tendering 1. Closed tendering may be held if: 1) the goods, works or services may be sold, by reason of their particular complexity or specific character, only by certain suppliers (contractors); 2) because of the number of tenders, their consideration would take too much time and involve excessive expenses compared with the value of goods, works or services; 3) open tendering has not been held because of the reason specified in paragraph 8 of Article 28 of this Law or after the rejection of all tenders submitted to open tendering; 4) the value of goods and services does not exceed 150 000 litas, of works - 500 000 litas. 2. In the event that the procuring organisation holds closed tendering pursuant to sub-paragraph 1 of paragraph 1 hereof, it shall request that tenders be submitted by all suppliers (contractors) who have goods it needs or execute the required works or provide the required services. 3. If the procuring organisation organises closed tendering in pursuance of sub-paragraphs 2, 3, and 4 of paragraph 1 hereof, it shall select not less than 3 suppliers (contractors) which are in the position to ensure genuine competition. 4. In conducting closed tendering, procurement procedures established in Chapter 4 of this Law shall be applied, except for cases where different procedures are prescribed herein. Article 32. Two-Stage Tendering 1. When the circumstances specified in paragraph 2 hereof occur, the procuring organisation shall have the right to conduct procurement by applying two-stage tendering procedures. 2. Two-stage tendering procedure shall be applied if: 1) the object of procurement is very complicated from the technical point of view and the procuring organisation is unable to present detailed specifications of goods, works or characteristics of services; 2) the procuring organisation wants to award a contract for the performance of scientific works, investigations, experiments, for the preparation of projects, except in cases when the manufacture of such an amount of goods is planned which may ensure production profitability or cover the investigation and designing expenses; 3) tendering procedures have been performed, however, no tenders have been received or all tenders have been rejected under Article 10 of this Law, also if, in the opinion of the procuring organisation, the resumption of tendering procedures anew will not result in the award of contract. 3. Provisions of Chapter 4 of this Law shall be applied to two-stage tendering procedures, except for cases where other procedures are prescribed by this Article. 4. Two-stage tendering documents shall specify that all suppliers (contractors) shall submit initial tenders for the first stage of tendering where the price shall not be stated. The tender documents may provide for the submission of offers as regards technical, quality and other characteristics of goods, works or services and terms and conditions of the contract for the supply thereof, and in certain cases - also concerning professional and technical competence and information relating to the qualification of the suppliers (contractors). 5. During the first stage of tendering the procuring organisation may negotiate any aspects of the tender with any supplier (contractor), whose tender has not been rejected in accordance with provisions of this Law. 6. During the second stage of tendering the procuring organisation shall invite the suppliers (contractors) whose tenders have not been rejected to submit their final tenders with prices of specifications of a package of goods, works or services. While drawing up such specifications the procuring organisation may reject or modify any aspect of technical or quality characteristics of goods, works or services being procured which was formerly determined by tendering and may include new characteristics or criteria. In its invitation to submit final tenders the procuring organisation shall notify the suppliers (contractors) of any such rejection, modification or supplement. Every supplier (contractor) who does not wish to submit the final tender may withdraw from the tendering procedures without forfeiting the tender guarantee if he has presented such. Final tenders shall be evaluated and compared in accordance with the procedure laid down in Article 28 of this Law, in order to determine the successful tenderer. Article 33. Negotiated Procedure 1. If circumstances specified in paragraph 1 of Article 31 occur, as well as in case of consulting or other services which cannot be clearly characterised in advance, procurement may be performed by negotiated procedure. Applying this method of procurement, the procuring organisation shall send invitations to submit offers to nor less than 3 suppliers (contractors). 2. Invitation to submit offers must contain the following information: 1) name and address of the procuring organisation; 2) description of procurement specifying technical and other parameters and requirements, whereas in the procurement of works or services the place of their execution or provision shall also be indicated; 3) in case of procurement of consulting services - indication that the provider thereof with whom the services procurement contract will be concluded and the affiliated enterprises shall not be able to participate in the procurement of goods and works related to the services provided under the contract; 4) methods and criteria of offer evaluation expressed, where possible, in terms of monetary value, specifying the relative significance of every offer and the procedure for the application of said methods and criteria in the evaluation of offers; 5) request that the technical part and prices be submitted in separate envelopes; 6) the place and deadline for submission of offers. 3. The procuring organisation may negotiate with the supplier (contractor) the content of the offers. In conducting negotiations the following terms must be complied with: 1) they must be confidential; 2) the parties must not disclose to anyone any technical, commercial or price-related information; 3) all suppliers (contractors) whose offers were not rejected based on the provisions of this Law must be given a possibility to participate in the negotiations. 4. Upon the completion of negotiations the procuring organisation shall request that all suppliers (contractors) taking part in the procedures submit, by the fixed date, the final offer prepared taking into consideration the outcome of negotiations. 5. The offers shall be evaluated in the following manner: 1) account shall be taken only of the criteria listed in the invitation for offers; 2) the efficiency of the offer from the point of view of prescribed technical and quality requirements shall be evaluated separately from the price; 3) the prices of offers shall be compared or the offer shall be evaluated taking into account all criteria (including the price) only upon performing technical and quality evaluation of the offer. 6. The procuring organisation shall award the procurement contract to the supplier (contractor) whose offer, upon evaluating it according to the criteria listed in the invitation for the submission of offers and complying with the procedure of their application specified in the invitation, meets the requirements of the procuring organisation best of all. Article 34. Request-for-Quotations 1. The procuring organisation may perform procurements by presenting a request for quotations. This method of procurement may be applied in case of availability on the existing market of competitive supply of standard goods, works or conventional services required by the procuring organisation. 2. The procuring organisation shall address a request for quotations for goods, works and services to not less than 3 suppliers (contractors). Every supplier (contractor) who is addressed shall be notified whether any other elements, viz., transportation and insurance expenses, excise taxes, customs or other taxes must be included in the price besides the cost of goods, works or services. 3. Each of the suppliers (contractors) shall be allowed to propose only one price which cannot be changed. The procuring organisation and the supplier (contractor) may not conduct any negotiation of the price proposed by the supplier (contractor). 4. The decision to award the procurement contract shall be taken in favour of the supplier (contractor) that submitted the lowest price satisfying the needs of the procuring organisation. Article 35. Single-Source Procurement 1. The procuring organisation may procure goods, works and services upon issuing to only one supplier (contractor) an invitation to submit offers or the price. 2. Procurement by a single-source procedure shall be allowed if: 1) the specific type goods, works or services may be supplied (performed) only by a particular supplier (contractor) or by the supplier (contractor) that has exclusive rights to produce (perform) the goods, works or services and there is no suitable alternative; 2) an urgent need for goods, works or services emerges caused by particular circumstances or other reasons making tendering procedures impossible or inexpedient, provided that the procuring organisation could not have foreseen this or this has not been conditioned by the delay of the procuring organisation; 3) the procuring organisation has procured from a supplier (contractor) under previous contract goods, equipment, technology or services and has ascertained that additional procurement from the supplier (contractor) is expedient from the point of view of standardisation for the purpose of co-ordination with the available goods, equipment, technology or performed services and taking into account the efficiency of the previous procurement, also, the volume of additional procurement is insubstantial compared with the previous procurement, the prices are reasonable whereas alternative procurement is unacceptable by reason of its incompatibility with the previously procured goods, equipment, technology or services; 4) the procuring organisation wants to sign a contract with an appropriate supplier (contractor) for research, experiment, scientific or design works, except for cases where the contract provides for the manufacture of a certain amount of goods which would ensure their commercial profitability or the covering of research and designing expenses; 5) the duration of the contract for the procurement of goods, works and services is extended. Chapter VI REVIEW OF COMPLAINTS AND LOSS RECOVERY Article 36. The Right of the Supplier (Contractor) to Lodge a Complaint 1. The supplier (contractor) who has received procurement documents in accordance with the procedure laid down in this Law may, prior to the enforcement of procurement contracts, appeal against the actions, procurement procedures or decisions of the procuring organisation if he believes that his legal interests have been infringed and demands the rescission, cancellation or modification of the contracts. 2. Complaints shall be lodged with the Public Procurement Agency within 10 days from the day the supplier (contractor) learns or should have learnt about the infringement of his legal interests. 3. The following may not be the object of complaint: 1) selection of the method of procurement under Article 17 of this Law; 2) the decision of the procuring organisation to reject, pursuant to Article 10 of this Law, all tenders, offers or prices. Article 37. Procedure for Reviewing the Complaints 1. The Public Procurement Agency must review the complaint and pass a decision within 20 days. 2. Complaints shall be reviewed in compliance with the Rules (Regulations) of Complaint Review Procedure approved by the Government. Article 38. Suspension of Procurement Procedures 1. A complaint lodged by the supplier (contractor) by the fixed date shall suspend the procurement procedures until the complaint is reviewed and a decision is passed in accordance with the procedure established by Article 37 of this Law, except in cases when a complaint is not duly justified or if the supplier (contractor) or the procuring organisation may sustain damage by reason of such suspension. 2. The decision concerning the suspension of procurement procedures shall be passed by the institution reviewing the complaint. Article 39. Appeal against the Decisions of the State Institution Authorised by the Government The supplier (contractor) shall have the right to appeal to court, in accordance with the procedure established by law, against the decision of the state institution specified in Article 36 of this Law. Article 40. The Supplier's (Contractor'
  5. s)Right to Claim Damages In the event that the procuring organisation fails to fulfil obligations established by this Law and other legal acts or infringes the rights of the supplier (contractor), the supplier shall have the right to apply to court in accordance with the procedure established by law and to recover damages. Article 41. The Supplier's (Contractor'
  6. s)Liability If the supplier (contractor) presents forged documents or false data to the procuring organisation or fails to fulfil the obligations prescribed by this Law and other legal acts, the procuring organisation may apply to court in accordance with the procedure established by laws and recover from the supplier (contractor) the inflicted damages. Article 42. Liability of the Executives of the Procuring Organisation 1. Executives or other authorised persons of the procuring organisation who violate this Law shall be held materially, administratively or criminally responsible in accordance with the procedure established by law. 2. If goods or services are procured in violation of the requirements of this Law, their price shall be considered to have been increased by 10% as against the amount paid for the procured goods or services and that the state has been inflicted damage of said amount. If the state control or auditing services or other competent government institutions establish that the goods or services have been procured at a higher price or in violation of the procedure prescribed by this Law as well as establishing other violations of price application, the persons through whose fault the damage has been inflicted shall be held liable under law (shall indemnify for the damages). Damages shall be recovered from the guilty persons in accordance with the procedure established by law. Chapter VII FINAL PROVISIONS Article 43. Coming into Effect of the Law The Law shall come into effect on 1 January 1997. I promulgate this Law passed by the Seimas of the Republic of Lithuania. ALGIRDAS BRAZAUSKAS President of the Republic Vilnius 13 August 1996 No. I- 1491

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