← Lietuva

Resolution of the

Resolution of the Official translation GOVERNMENT OF THE REPUBLIC OF LITHUANIA RESOLUTION No. 1090 REGARDING THE APPROVAL OF THE REGULATIONS OF THE PUBLIC PROCUREMENT OFFICE UNDER THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA 30 September 1999 Vilnius Governed by paragraph 1 of Article 5 of the Law of the Republic of Lithuania on Public Procurement, 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: 2.
  3. Paragraph 1 of the Resolution of the Government of the Republic of Lithuania of 17 July 1997 No. 773 “Regarding the Approval of the Regulations of the Public Procurement Office under the Government of the Republic of Lithuania “; 2.
  4. The Resolution of the Government of the Republic of Lithuania of 23 June 1998 No.769 “Regarding the amendment of the Resolution of the Government of the Republic of Lithuania of 17 July 1997 No. 773 “Regarding the Approval of the Regulations of the Public Procurement Office under the Government of the Republic of Lithuania“. Prime Minister Rolandas Paksas Minister of Agriculture, acting for the Minister of Economy Edvardas Makelis Approved by the Government of the Republic of Lithuania by the Resolution of 30 September 1999 No. 1090 Regulations of the Public Procurement Office under the Government of the Republic of Lithuania I. General Provisions
  5. The Public Procurement Office under the Government of the Republic of Lithuania (hereinafter referred to as the Office) is an office maintained from state budget.
  6. In its activities the Office shall be guided by the Constitution of the Republic of Lithuania, laws, other legal acts adopted by the Seimas of the Republic of Lithuania, international treaties signed by the Republic of Lithuania, decrees of the President of the Republic, Resolutions of the Government of the Republic of Lithuania, Prime Minister’s orders, other legal acts as well as these Regulations.
  7. The Office is a legal person having an account with the bank and a seal with the state emblem and its name inscribed thereon. II. TASKS AND FUNCTIONS OF THE OFFICE
  8. The main tasks performed by the Office shall be as follows: 4.
  9. to implement, in conjunction with the Ministry of the Economy and other public authorities, procurement policy of the state; 4.
  10. to give all effort to ensure efficient use of the resources of the state budget, municipal budgets, state social insurance fund budget, compulsory health insurance fund budget, other state money funds of the Republic of Lithuania also the resources of the Bank of Lithuania, charity or other financial aid received in the name of the state, the donor whereof does not specify the purpose of its use, loans received in the name of the state or loans with the state guarantee, unless the loan use agreements provide for other terms and conditions, as well as the resources of undertakings, controlled by the state or municipality, which operate in the field of water, energy, transport and telecommunications sectors.
  11. When implementing the tasks assigned to it, the Office shall discharge the following functions: 5.
  12. analyse and assess the system of procurement and draft proposals for the improvement thereof; 5.
  13. coordinate public procurement activities; 5.
  14. prepare and submit in the established manner to the Government of the Republic of Lithuania for approval legal acts regulating public procurement; 5.
  15. draft and adopt, according to its competence, legal acts regulating public procurement; 5.
  16. control compliance during public procurement procedures with the requirements of the Law of the Republic of Lithuania on Public Procurement (hereinafter - Law on Public Procurement) and legal acts related to its implementation; 5.
  17. store, in the manner prescribed by the Government of the Republic of Lithuania, information on the projected public procurement and public procurement in progress, awarded procurement contracts and contract performance results and present it to the state (municipal) institutions and the public; 5.
  18. organise the training of the personnel of procuring organisations and carry out the training; 5.
  19. give consultations to the procuring organisations and suppliers/contractors or organise their consulting on public procurement matters; 5.
  20. when settling public procurement matters, maintain relations with appropriate foreign state institutions and international organisations; 5.
  21. draw up and change the list of members of the Independent Public Procurement Commission (hereinafter referred to as the Independent Commission) and publish it in the information supplement to the “Official Gazette”. 5.
  22. organise the examination of complaints lodged by suppliers/contractors in the Independent Commission; 5.
  23. prepare and present information to the Independent Commission which is examining the complaints; 5.
  24. discharge functions prescribed by the Law on Public Procurement and other legal acts. III. RIGHTS OF THE OFFICE
  25. When discharging its functions the Office shall have the right to: 6.
  26. receive from the state and municipal institutions information on the matters within the Office competence; 6.
  27. receive from the contracting authority information relating to procurement; 6.
  28. receive from the contracting authority, Public Procurement Commission or its members explanation of the actions and decisions relating to procurement, given by experts participating in the procurement procedures; 6.
  29. present contract documents and suppliers’/contractors’ tenders for additional expert examination; 6.
  30. upon ascertaining violations of law, obligate the contracting authority to reverse the decisions or actions which are not in conformity with provisions of the Law on Public Procurement; 6.
  31. institute administrative proceedings in the manner prescribed by law against the persons who violate the Law on Public Procurement; 6.
  32. form commissions (working groups) for drafting legal acts and other documents and for examining vital problems, enlist in them specialists of other state and municipal executive institutions (with the latter’s consent). As necessary, foreign state specialists may also be invited to the commissions.
  33. The Office shall also have other rights granted by laws and other legal acts. IV. ORGANISATION OF THE OFFICE WORK
  34. The Office shall be managed by the director, appointed and dismissed by the Prime Minister on the recommendation of the Government Secretary. The director of the Office shall be subordinate to the Prime Minister. The Prime Minister shall give incentives to the director of the Office, as necessary, impose disciplinary penalties on him. The activities of the Office director shall be coordinated by the Government Secretary. The specific amount of the basic salary of the director shall be fixed, upon the approval of the Prime Minister, by the Government Secretary, whereas the bonus to the basic salary shall be fixed by the Prime Minister. The Office director shall have a deputy, appointed by the Prime Minister on the recommendation of the director or, upon the recommendation the Prime Minister, by the Government Secretary.
  35. The Office director shall: 9.
  36. decide the matters assigned within the competence of the Office; 9.
  37. be personally responsible for the fulfilment by the Office of the tasks assigned to it; 9.
  38. ensure that the Office activities be in compliance with laws and other legal acts; 9.
  39. submit to the Government of the Republic of Lithuania, in the manner prescribed by the work regulations of the Government of the Republic of Lithuania, drafts of legal acts on the issues within the competence of the Office; 9.
  40. issue orders and other legal acts confirmed by the orders, supervise compliance with the said orders and acts. The orders of the Office director and other legal acts shall be registered in the manner set forth in the work regulations of the Government of the Republic of Lithuania . As necessary, the director shall issue, together with heads of other public institutions, joint orders or other legal acts confirmed by orders; 9.
  41. present reports on the Office activities to the Government of the Republic of Lithuania and the Prime Minister and, upon the request of the Prime Minister or the Government Secretary, account for their activities; 9.
  42. approve the Office structure and the staff roll without exceeding the largest permitted number of staff roll members; 9.
  43. approve the regulations of structural divisions of the Office; 9.
  44. appoint to the positions and dismiss the Office staff, fix their basic salary, give them incentives, as necessary, impose administrative penalties; 9.
  45. fulfil other tasks assigned and powers granted to him by laws, the Government of the Republic of Lithuania as well as the Prime Minister and the Government Secretary.
  46. In the absence of the director, his duties shall be temporarily discharged by his deputy. V. SOURCES OF OFFICE FUNDS AND PROCEDURE OF THE USE THEREOF
  47. The Office shall be financed from the state budget of the Republic of Lithuania. Budget funds shall be used to maintain the Office and finance the measures provided for in the budget.
  48. The Office may also have non-budgetary funds according to the procedure laid down by law. VI. CONTROL OF FINANCIAL ACTIVITIES
  49. The Office shall organise accounting and accounts according to the procedure prescribed by the Ministry of Finance. VII. FINAL PROVISIONS
  50. The Office shall be reorganised or liquidated according to the procedure established for the institutions maintained from the budget.

🔗 Į oficialų šaltinį

DI paaiškinimas pagal oficialų įstatymo tekstą. Orientacinis, nepakeičia teisinės konsultacijos.