Government of the Republic of Lithuania

(1)OF THE LAW OF THE REPUBLIC OF LITHUANIA ON PUBLIC PROCUREMENT 29 September 1999 Vilnius Pursuant to Article 1

(2)of the Law of the Republic of Lithuania on Public Procurement, the Government of the Republic of Lithuania has resolved: To approve the procedure for the procurement of products, services or works the value whereof is less than the value specified in Article 1

(1)of the Law of the Republic of Lithuania on Procurement (appended). Prime Minister Rolandas Paksas Minister of Agriculture acting for the Minister of the Economy Edvardas Makelis Approved by the Resolution of the Government of the Republic of Lithuania of 29 September No.1079 THE PROCUREMENT PROCEDURE APPLICABLE FOR PRODUCTS, SERVICES OR WORKS THE VALUE WHEREOF IS LESS THAN THE VALUE SPECIFIED IN ARTICLE 1

(1)OF THE LAW OF THE REPUBLIC OF LITHUANIA ON PUBLIC PROCUREMENT

1. GENERAL PROVISIONS
2. This procedure regulates the execution of procurement of products, services or works, the value whereof is below the threshold indicated in Article 1

(1)of the Law of the Republic of Lithuania on Public Procurement (hereinafter referred to as low value procurement): 1.

1. procurement of products or services by state and local authorities, enterprises (including enterprises indicated in paragraph 1.3 of this Procurement Procedure), agencies or organisations, the value whereof during the financial year is less than LTL 75 000 or procurement of works the value whereof is less than LTL 300000 with the resources of the State Budget of the Republic of Lithuania, municipal budgets, State Social Insurance Fund budget, Compulsory Health Insurance Fund budget and other public funds, also with the resources of charity or other financial aid received in the name of the state where the donor does not indicate the purpose of its use, also with the resources received as loans in the name of the state or as loans with state guarantee, unless the loan use agreements provide for other conditions; 1.
2. procurement of products or services by the Bank of Lithuania, the value whereof during the financial year is lees than LTL 75 000 or procurement of works the value whereof is less than LTL 300 000, by using the resources of the Bank of Lithuania; 1.
3. procurement of products or services the value whereof during the financial year is less than LTL 1.8m or procurement of works the value whereof is less than LTL 1m, effected by the undertaking controlled by the state or municipality, which operate in the field of water, energy, transport and telecommunications sectors as well as the undertakings having a special or exclusive right granted by the state or municipality to operate in the above sectors, where the procurement is carried out with the funds of the said undertakings;
4. The value of procurement contracts is given in this Procurement Procedure net of the VAT. The value of the above procurement contracts shall be calculated and the products, services and works shall be identified (individualised, separated from those identical) in accordance with the methodology approved by the Public Procurement Office under the Government of the Republic of Lithuania .
5. Having regard to the value of low value procurement, the type and complexity thereof, the contracting authority shall form the procurement commission or appoint a responsible staff member to organise and effect procurement.
6. The contracting authority may effect low value procurement in accordance with the procedure set forth in this Procurement Procedure or by applying the methods and procedure of procurement specified in the Law of the Republic of Lithuania on Public Procurement (hereinafter referred to as the Law on Public Procurement).
7. The terms used in this Procurement Procedure correspond to those used in the Law on Public Procurement. II. EFFECTING LOW VALUE PROCUREMENT SPECIFIED IN PARAGRAPH 1.1 OF THIS PPROCUREMENT PROCEDURE
8. The contracting authority shall effect the low value procurement specified in paragraph 1.
9. of this Procurement Procedure: 6.
10. in compliance with the customary commercial practice - by selecting the supplier/contractor who submitted the most economically advantageous tender, where the value of products or services which are the object of procurement is less than LTL 75 000 during the financial year and of works - less than LTL 150 000; 6.
11. by using the restricted procedure, where the value of works the procurement whereof is envisaged is over LTL 150 000 and less than LTL
12. Restricted procedure is a method of procurement when the contracting authority invites the suppliers/contractors to submit tenders.
13. When executing procurement by the method of restricted procedure, the contracting authority shall send invitations to submit tenders to at least 3 suppliers/contractors (if the contracting authority is not certain about the number of the suppliers/contractors required to perform the works, it shall publish a notice of the projected procurement in the information supplement to the “Official Gazette” or in the daily).
14. The invitation to tender must contain the following information: 8.
15. the name, code, address, telephone and fax numbers of the contracting authority; 8.
16. the character and site of the works to be performed; 8.
17. desired or required time limits of work performance; 8.
18. criteria and terms and conditions of tender evaluation; 8.
19. information regarding the calculation and expression of the price of procurement to be indicated in the tender. The price must be inclusive of all taxes. 8.
20. the time limit, place and method of the submission of tenders. Taking into account the type and complexity of the envisaged procurement, the actual time of performance of works, the contracting authority shall fix the time limit for the submission of tenders so that suppliers/contractors would have sufficient time to prepare and submit tenders. The time period may not be less than 10 days after the dispatch of the invitation to tender or after the publication thereof in the information supplement to the “Official Gazette” or in the daily. 8.
21. information as to when and where contract documents may be acquired and the said documents are to be prepared (if the invitation to tender is dispatched, the contract documents may be dispatched together with the invitation); 8.
22. the place, date and hour of the opening of the envelopes with tenders.
23. Depending on the complexity of the object of procurement, qualification requirements for suppliers/contractors, the requirement of tender security and security for the performance of the contract as well as technical requirements may be indicated in the invitation to tender.
24. The contracting authority shall evaluate and compare only the responsive tenders (those tenders, which meet the requirements set forth in the invitation). The criteria for tender evaluation may be the lowest price offered or the contract may be awarded to the economically most advantageous tender. Seeking to ascertain whether or not the tender is the most economically advantageous one, the contracting authority shall apply the following criteria to the award: the price, time limits for the completion of works, running costs, cost-effectiveness, technical merit. The contracting authority must also accept and examine the responsive tenders submitted by the suppliers/contractors who have not been invited to participate in the tender.
25. Upon evaluating the submitted tenders, the contracting authority shall adopt a decision with respect to the successful tender.
26. The tendering shall be deemed to have taken place regardless of the number of received responsive tenders.
27. A contract award notice shall be sent to all suppliers/contractors who submitted their tenders within 3 working days after the day the decision was adopted.
28. The procurement contract shall be concluded and rescinded in compliance with the Civil Code of the Republic of Lithuania . The provision shall not be binding to the diplomatic missions of the Republic of Lithuania .
29. When concluding contracts for the procurement of low value products produced in the enterprises of the disabled, in penal institutions and occupational therapy enterprises under health care institutions as well as services provided by the above enterprises and institutions, the contracting authorities shall act in compliance with the procedure laid down in the Resolution of the Government of the Republic of Lithuania of 16 April 1998 No. 463 “Concerning the Procurement of certain Products Produced in the Enterprises of the Disabled, in Penal Institutions and Occupational Therapy Enterprises under Health Care Institutions as well as Services Provided by the above Enterprises and Institutions” (Official Gazette No 37-988, 1998) and when applying tendering procedure for the performance of works the contracting authorities shall be guided by this Procedure, inviting the above enterprise to participate in the tendering. For the procurement of low value products, services or works the contracting authority shall also invite small and medium-sized enterprises to participate. III. EXECUTION OF LOW VALUE PROCURENMENT INDICATED IN PARAGRAPHS 1.2 AND 1.3 OF THIS PROCEDURE
30. undertakings controlled by the state or municipality, which operate in the field of water, energy, transport and telecommunications sectors as well as undertakings having a special or exclusive right granted to them by the state or municipality to operate in the above sectors shall execute procurement of products or services the value whereof during the financial year is less than LTL 1.8 m or of works the value whereof is less than LTL 1 m with the funds of the above undertakings, whereas the Bank of Lithuania shall execute procurement of products or services the value whereof in the course of the financial year is less than LTL 75 000 or of works the value whereof is less than LTL 300 000,with the funds of the Bank of Lithuania according to the regulations approved by the Bank and on the basis of the principles of equality of suppliers/contractors, transparency and competition.