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REPUBLIC OF LITHUANIA LAW ON PUBLIC PROCUREMENT 13 August 1996 – No I-1491 (As last amended on 21 June 2011 – No XI-1494) Vilnius CHAPTER I GENERAL PROVISIONS Article 1. Purpose of the Law 1. This Law

Article 4of this Law.

The concept ‘broadcaster’ as used in this Law shall be understood as it has been defined in the Law of the Republic of Lithuania on Provision of Information to the Public. The procedure for such procurement shall be laid down by the Government of the Republic of Lithuania; 7) contracts for research and development services other than those research and development services where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs and which are wholly remunerated by the contracting authority. The procedure for such procurement shall be established by the Government or an institution authorised by it; 8) the public service contracts awarded by the contracting authority to another contracting authority or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to an appropriate legal act which is compatible with the Founding Treaties of the European Union. 3. The requirements of this Law shall not apply to the following contracts awarded by the contracting authorities operating in the water, energy, transport or postal services sectors: 1) contracts awarded for the purposes other than those referred to in paragraph 2 of Article 70 of this Law or for the activities which are carried out in a third country and do not involve the physical use of networks or geographical area of the European Union. This provision shall not apply to any contracting authorities operating in the water, energy, transport or postal services sectors and complying with the requirements set forth in subparagraphs 1,

Article 4

of this Law; 2) the contracts awarded for the purpose of resale or lease of the procurement object to third parties provided the contracting authority has no special or exclusive rights to resell or lease objects of such contracts, and other economic entities are free to resell or lease the procurement object under the same terms and conditions as the contracting authority; 3) (Repealed as of 1 September 2009); 4) (Repealed as of 1 September 2009); 5) the contracts which the contracting authorities engaged in the water management sector award for the purchase of water required for production, distribution or supply of drinking water; 6) the contracts which the contracting authorities engaged in the energy sector award for the purchase of energy or of fuels for the production of energy. The Government of the Republic of Lithuania shall lay down the procedure for such procurement, and the implementation and control of application thereof shall be ensured by an institution authorised by the Government; 7) the contracts awarded by the undertaking providing bus services to the public if the services provided are excluded from the scope of this Law as specified in subparagraph 4 of paragraph 2 of Article 70 of this Law; 8) the contracts awarded by the undertaking engaged in the water, energy, transport or postal services sectors, provided the European Commission publishes a notice in the Official Journal of the European Communities to the effect that the activity of the undertaking is directly effected by competition in the markets and entry of the markets is not precluded by any restrictions as specified in Article 71 of this Law.

  1. (Repealed as of 1 September 2009)
  2. The requirements of this Law shall not apply to procurement where the contracting authority awards a contract to an entity holding a separate status of a legal person which it controls as its own service or structural division and in which it is the sole member (or exercises the rights and duties of the state or a municipality as the sole member) and where the controlled entity derives at least 90% of the turnover over the past financial year (or within a time period from the establishment of the entity where the entity has carried out its activities for a period shorter than the financial year) from the activities intended to meet the needs of the contracting authority or to perform the functions of the contracting authority. With a view to ensuring control of such procurement, the contracting authority shall, when approving the plans of public procurement planned to be carried out during the current budget year as referred to in paragraph 1 of Article 7 of this Law, provide therein information on the procurement referred to in this paragraph and planned to be carried out and shall, within 30 days after the close of the reporting calendar year, submit to the Public Procurement Office in accordance with the procedure laid down by it reports on all the procurement procedures referred to in this paragraph and carried out during the calendar year.
  3. The contracting authority must, at the request of the European Commission, notify it of any activity or product categories subject to provisions of subparagraphs 1 and 2 of paragraph 3 of this Article. Article
  4. International Threshold Values
  5. International threshold values shall be public procurement threshold values established by Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors and by Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, adjusted by the European Commission and published in the Official Journal of the European Union. The international threshold values shall be exclusive of value-added tax (VAT). The contracting authority shall comply with international threshold values when performing procurement of supplies, services or works.
  6. International threshold values and information on the adjusted international threshold values shall be published by the Public Procurement Office in the in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios and in the Central Portal of Public Procurement. Version of paragraph 2 after 1 January 2012:
  7. International threshold values and information on the adjusted international threshold values shall be published by the Public Procurement Office in the Central Portal of Public Procurement. Article
  8. Peculiarities of Procurement
  9. The peculiarities of the public contracts other than those referred to in paragraphs 2 and 9 of this Article, the value whereof is equal to or greater than international thresholds, shall be specified in Chapter II of this Law.
  10. Contracts of the value equal to or greater than international thresholds awarded by the contracting authorities operating in the water, energy, transport or postal services sectors shall be subject to the provisions in Chapter III of this Law as well as the provisions of Chapters I and II of this Law to the extent they are not contrary to the provisions of Chapter III. A contract intended to cover several activities referred to in paragraph 2 of Article 70 of this Law shall be subject to the requirements of this Law applicable to the activity for which it is principally intended.
  11. Where the contracting authority subsidises directly more than 50% of the value of works of the entire object referred to in the group of civil engineering structures in Appendix I of this Law, and the value of building work for hospitals, facilities intended for sports, recreation and leisure, school and university buildings and buildings used for administrative purposes, all the works necessary for the object concerned must be procured in compliance with this Law irrespective of whether that contract is awarded by one or more subsidised economic entities or the contracting authority itself awards that contract for or on behalf of those economic entities. The requirement shall apply regardless of the value of the contract.
  12. Where the contracting authority subsidises directly more than 50% of the value of an individual contract for the services that are procured in relation to the works contracts referred to in paragraph 3 of this Article, all such services must be procured in compliance with this Law regardless of whether the contract is awarded by one or several subsidised economic entities or the contracting authority itself for the benefit or on behalf of the economic entities. The requirement shall apply regardless of the value of the contract.
  13. Where the procurement can also be subject to the provisions of Chapter II and Chapter III of this Law, whereas the subject-matter of the contract cannot be divided, then such procurement shall be subject to the provisions of either Chapter II or Chapter III of this Law, depending on the principal sphere of application of the subject-matter of the contract. The contracting authority must comply with the above requirement irrespective of whether one or several public contracts are awarded. However, the choice of one or several public contracts may not be determined by the intention to avoid the application of the procurement procedure laid down by this Law.
  14. Where the procurement can be subject to the provisions of Chapters II and III of this Law, while it is not possible to determine, in an objective manner, which is the principal sphere of application of the subject-matter of the contract, the procurement shall be subject to the provisions of Chapter II of this Law.
  15. Where any lot of the procurement is subject to the provisions of Chapter III of this Law, while it is not possible to determine, in an objective manner, the application of the provisions of which Chapter II or III of this Law, the procurement shall be subject to the provisions of Chapter III of this Law.
  16. The peculiarities of public contracts the value whereof is below the established international threshold values, as well as the public contracts referred to in paragraph 14 of Article 9 of this Law shall be specified in Chapter IV of this Law.
  17. The peculiarities of public contracts for the procurement of B-type services listed in Appendix 2 of this Law shall be specified in Chapter IV of this Law.
  18. Where B-type services listed in Appendix 2 of this Law are procured together with A-type services listed in Appendix 2 of this Law, and the value of such services exceeds the value of B-type services, the procurement procedure shall be chosen based on the provisions of paragraphs 1, 2, 4, 5, 6 and 7 of this Article, in other cases – the provisions of paragraphs 8 and 9 of this Article.
  19. Contracts whereby a concession is granted to the supplier shall be subject to the Law of the Republic of Lithuania on Concessions. Article
  20. Reserved Contracts The contracting authority may, in contract documents, set terms providing for such contracts to be executed exclusively by social enterprises of the disabled or specify that execution of such contracts shall be restricted to the framework of protected job programmes where most of the employees are disabled persons. The contract documents, including a contract notice, must contain a reference to such contracts and the requirement to provide evidence that the supplier’s undertaking complies with the requirements of this Article (a document issued by the competent authority or a statement approved by the supplier shall be presented). Article
  21. Authorising Another Contracting Authority to Award a Public Contract
  22. The contracting authority may authorise another contracting authority (hereinafter referred to as the “authorised entity”) to organise and carry out the procurement procedures until the award of the contract. For this purpose, the contracting authority must formulate tasks for the authorised entity and grant all the powers necessary to carry out these tasks. The authorisation shall be executed following the procedure set forth in the Civil Code of the Republic of Lithuania.
  23. The responsibility for the tasks assigned by the contracting authority to the authorised entity shall rest with the contracting authority, while the authorised entity shall be responsible for the execution of the tasks. The contracting authority shall be responsible for the conclusion and implementation of the public contract. Article
  24. Centralised Purchasing
  25. The contracting authority may also acquire supplies, services or works from or through a central purchasing body.
  26. The contracting authority which purchases supplies, services or works from or through a central purchasing body shall be deemed to have complied with the requirements of this Law insofar as the central purchasing body has complied with it.
  27. A decision concerning the establishment of central purchasing bodies, their legal form or the granting to the purchasing body of the right to perform the functions of the central purchasing body shall be taken by the Government of the Republic of Lithuania or an institution authorised by it and a municipal council. Article
  28. Performance of Procurement by the Instruments Available of the Central Portal of Public Procurement The contracting authority, with the exception of diplomatic missions, consular posts of the Republic of Lithuania abroad and missions of the Republic of Lithuania to international organisations, must ensure that the procurement of supplies, services and works conducted by the instruments available to the Central Portal of Public Procurement (when in the case of awarding a contract, a contract notice (in the case of the negotiated procedure without publication of a contract notice – an invitation to tender), other contract documents are submitted and the suppliers’ tenders are accepted by electronic means) constitutes in each calendar year at least 50% of the total value of the public procurement conducted by the contracting authority. Article
  29. Public Procurement Commission
  30. For the purpose of organisation and execution of procurement, the contracting authority must (in the case of small value procurement – may) form the Public Procurement Commission (hereinafter referred to as the “Commission”), set its tasks and grant it all the powers required for the performance of these tasks. Where the contracting authority authorises another contracting authority to organise and execute procurement for it, these acts shall be performed by the authorised entity. The Commission shall work according to the rules of procedure approved by the body which has formed the Commission, shall be accountable to it, and shall perform only the tasks and obligations imposed by the body in writing. The body which has formed the Commission shall be held liable for the actions of the Commission.
  31. The Commission shall be formed on the instruction (by order) of the contracting authority or an authorised body of at least three natural persons. These persons may also be other than employees of the body forming the Commission. The head of the body which has formed the Commission or the employee or the employee of this body or of a body subordinate to it authorised by him shall be appointed Chairperson of the Commission. When appointing the Chairperson and members of the Commission, regard must be had to their knowledge in the area of economics, technology, and legislation as well as understanding of this Law and other legal acts regulating public procurement. Only persons of good repute may be the Chairperson and members of the Commission. The entity which forms the Commission shall have the right to invite experts for giving consultations on the issue requiring special knowledge or for evaluating the matter. The meetings of and the decisions adopted by the Commission shall be valid if attended by over a half of all the members of the Commission.
  32. The Commission shall function on behalf of the body which has formed it within the scope of the powers granted to it. The Commission shall function from the day of adoption of a decision on its formation until completion of all the tasks given by the body which has formed it in writing, or until adoption of a decision on termination of the procurement. The Commission shall adopt decisions at a meeting by a simple majority vote in open individual voting. In the event of a tie, the Chairperson of the Commission shall have a casting vote. The Commission’s decisions shall be recorded in minutes. The minutes shall specify the reasons of the Commission’s decision, give explanations and the separate opinion of each member of the Commission. The minutes shall be signed by all the members present at the Commission’s meeting.
  33. Except in the cases prescribed by the legal acts of the Republic of Lithuania, the members of the Commission and the experts invited by the body which has formed the Commission shall be prohibited from providing third parties with any information concerning the content of the tenders submitted by suppliers.
  34. Each member and expert of the Commission may take part in the work of the Commission only upon signing a declaration of impartiality and a pledge of confidentiality.
  35. A member and an expert of the Commission shall be held liable for their acts under laws of the Republic of Lithuania. Article
  36. Communication and Exchange of Information
  37. Communication and information exchange between the contracting authority and suppliers may be by post or by courier, by fax, by electronic means in accordance with provisions of paragraphs 4-6 of this Article, by telephone under the circumstances referred to in paragraph 8, or by a combination of those means, according to the choice of the contracting authority.
  38. Communication and information exchange shall be carried out in such a way as to ensure that the integrity of data and the confidentiality of tenders. It is also imperative to ensure that the contracting authority examines the content of tenders (a design contest’s jury – a plan and design) only after the expiration of the time limit for their submission.
  39. The means of communication chosen must be generally available and thus not restrict the suppliers’ access to the procurement procedures.
  40. The tools to be used for communicating by electronic means. as well as their technical characteristics must be non-discriminatory, generally available and interoperable with the information and communication technology products in general use.
  41. The following rules shall be applicable to devices for the electronic transmission and receipt of tenders and to devices for the electronic receipt of requests to participate: 1) information regarding the specifications necessary for the electronic submission of tenders and requests to participate, including encryption, must be available to interested parties. Moreover, the devices for the electronic receipt of tenders and requests to participate must conform to the requirements of paragraph 7 of this Article; 2) electronic tenders must be accompanied by an advanced electronic signature in conformity with the requirements of legal acts; 3) tenderers or candidates shall undertake to submit before the expiry of the time limit laid down for submission of tenders or requests to participate, the documents, certificates and declarations referred to in Articles 33-38 of this Law if they do not exist in electronic format.
  42. In order to enhance the level of certification service provision for electronic devices, voluntary accreditation schemes for the electronic devices may be introduced and maintained.
  43. Devices for the electronic receipt of plans, requests for participation or plans and projects in contests must guarantee, through technical means, and appropriate procedures, that: 1) electronic signatures relating to tenders, requests to participate, applications for assessment of qualification or plans and projects comply with the requirements set forth by the Law of the Republic of Lithuania on Electronic Signature; 2) the exact time and date of the receipt of tenders, requests to participate, applications for assessment of qualification or the submission of plans and projects can be determined precisely; 3) it may be reasonably ensured that, before the time limits laid down, no one can have access to data transmitted under the requirements set forth in this paragraph; 4) if that access prohibition is infringed, it may be reasonably ensured that the infringement of subparagraph 3 of this paragraph is clearly detectable; 5) only authorised persons may set or change the dates for opening data received; 6) during the different stages of the procedures access to all data submitted must be possible only through simultaneous action by authorised persons; 7) only co-ordinated and simultaneous action by authorised persons must give access to data transmitted after the prescribed date; 8) data received and opened in accordance with these requirements must remain accessible only to persons authorised to acquaint themselves therewith.
  44. Requests for participation in procurement procedures may be filed with the contracting authority in writing or submitted thereto by telephone. Where requests for participation are submitted by telephone, a written confirmation must be sent before expiry of the time limit fixed for their submission.
  45. Contracting authorities shall have the right to require that requests for participation in procurement procedures made by fax must be confirmed by post or by electronic means. Any such requirement shall be stated in a contract notice. The contract notice must also state the deadline for sending the confirmation. Article
  46. Public Contract
  47. The contracting authority shall offer the public contract to the tenderer whose tender is recognised as the successful tender. The tenderer shall be invited to conclude the public contract by a written notice (with the exception of the cases stipulated by this Law when the public contract is concluded verbally) and be indicated the date by which he is to sign the public contract.
  48. If the supplier who has been given a proposal of contract award, refuses the award in writing or fails to present security for the performance of the public contract prescribed by contract documents or if the declaration referred to in subparagraph 5 of paragraph 2 of Article 24 of this Law submitted by the supplier is false, or if the supplier fails to sign the public contract by the date specified by the contracting authority, or refuses to conclude the contract under the conditions laid down in the contract documents, or a group of economic entities fails to establish a legal person as prescribed in paragraph 4 of this Article, he shall be considered to have refused the award of the public contract. In such a case, the contracting authority shall propose to award the public contract to the supplier whose tender in the specified order of tenders is next after that of the successful tenderer who has refused the award of the public contract.
  49. When awarding the public contract, the price given in the successful tender, the final negotiations price recorded in the negotiations minutes or the final tender submitted after the negotiations as well as the contract terms and conditions specified in the contract documents and in the tender may not be altered.
  50. The contracting authority may require that, if a tender submitted by a group of economic entities is recognised as the successful tender and the contracting authority offers the award of the public contract, such a group of economic entities acquire a certain legal form, where this is necessary in order to duly execute the public contract. The requirement for a legal form must be set in the contract documents. If, when selecting the legal form, the contracting authority requires that the group of economic entities whose tender has been recognised as the successful tender establish a legal person, it shall award the public contract to the legal person established by these economic entities. Having established a legal person, the economic entities must provide a security for the obligations of the legal person established by them, relating to the performance of the public contract. A notice to the effect must also be made in the contract documents.
  51. (Repealed as of 15 September 2008)
  52. If concluded in writing, the public contract must specify: 1) rights and obligations of the parties; 2) the purchased supplies, services or works, and their exact quantities (if possible); 3) the price or pricing rules set according to the methodology established by the Government of the Republic of Lithuania or an institution authorised by it; 4) settlement and payment procedures; 5) deadlines for discharging obligations; 6) security for discharging obligations; 7) the procedure for settling disputes; 8) the procedure for terminating the contract; 9) the contract period; 10) in case of conclusion of a framework agreement – the provisions characteristic thereof; 11) subcontractors, subsuppliers or subproviders, where they are engaged in execution of the contract, and the procedure for changing them.
  53. The criteria for setting the time limits as well as the cases of concluding public contracts for a period of over three years shall be established by the Government of the Republic of Lithuania.
  54. The terms and conditions of a public contract during the contract period may not be changed, with the exception of the terms of the public contract whose changing would be without prejudice to the principles and goals specified in Article 3 of this Law, and subject to consent of the Public Procurement Office to such changes of the terms and conditions of the public contract. The consent of the Public Procurement Office shall not be required where, in the case of the simplified procurement procedure, the value of the awarded contract is less than LTL 10000 (net of VAT).
  55. The public contract must be concluded forthwith, but not earlier than the expiry of the period of deferment. It shall be possible not to apply the period of deferment where: 1) the sole interested tenderer is the one wherewith the public contract is to be concluded, and there are no interested candidates; 2) the public contract is concluded using a dynamic purchasing system or the contracting authority referred to in subparagraphs 1,

Article 4

of this Law concludes the public contract under a framework agreement; 3) in the case of the simplified procurement procedure, the value of the public contract is less than LTL 10000 (net of VAT).

  1. When approving the rules indicated in Article 85 of this Law, the contracting authority may stipulate therein that the public contract may be concluded verbally in the case of the simplified procurement procedure, when the value of the contract is less than LTL 10000 (net of VAT). Article
  2. Procurement Reports
  3. The contracting authority must submit in writing to the Public Procurement Office a report on the procurement procedures regarding any contract awarded according to Chapters II, III or IV of this Law, including the cases where a framework agreement is concluded or a dynamic purchasing system is used. This report shall not be submitted where contracts are awarded under the concluded framework agreement or in the case of a small value procurement. The report shall include: 1) the name, address of the contracting authority, the subject-matter and value of the contract, framework agreement or dynamic purchasing system; 2) when the negotiated procedure is selected – the reasons for choosing this method of procurement; 3) when the competitive dialogue procedure is selected – the reasons for choosing this method of procurement; 4) the names of the selected candidates and successful tenderers and the reasons for their selection; 5) the names of the candidates and tenderers whose requests and tenders have been rejected and the reasons for rejection of the requests and tenders; 6) the reasons for the rejection of tenders found to be abnormally low; 7) the name of the successful tenderer and the reasons why his tender was selected and, if known, the share of the contract or framework agreement which the successful tenderer intends to subcontract to third parties; 8) if the public contract was not awarded, or the framework agreement was not concluded or the dynamic purchasing system was not established – the reasons therefor; 9) another information prescribed by the Public Procurement Office.
  4. When the procurement is conducted by electronic means, the contracting authority must document the progress of award procedures.
  5. A report on procurement procedures shall be filled-in in parts in the Central Portal of Public Procurement in accordance with the procedure and within the time limits laid down by the Public Procurement Office and shall be completed not later than within five working days after finalising the procurement.
  6. The contracting authority must submit to the Public Procurement Office in writing a report on all the procurement procedures executed over the calendar year, when the principal contracts are concluded according to framework agreements, and all the small value procurement procedures executed over the calendar year. In this report, the contracting authority must also provide data on all the procurement procedures executed over the calendar year according to requirements of Article 91 of this Law. Reports shall be submitted within 30 days after the end of the reporting financial year.
  7. The contracting authority must submit to the Public Procurement Office in writing a report on any executed or terminated public contract (framework agreement), except for a report drawn up in the case of small value procurement or under a framework agreement, not later than within 14 days after execution or termination of the public contract (framework agreement).
  8. The report referred to in paragraph 1 of this Article must be submitted also if the public contract concerns B-type services listed in Appendix 2 of this Law.
  9. (Repealed as of 1 September 2009)
  10. (Repealed as of 1 September 2009)
  11. The report on the procurement procedures, the procurement report, the report on the executed or terminated public contract (framework agreement) shall be drawn up and submitted by electronic means using the forms approved by and complying with the requirements set by the Director of the Public Procurement Office. These reports, with the exception of confidential information, shall be published in the Central Portal of Public Procurement and on the website of the contracting authority, if available.
  12. At the request of the European Commission, the Public Procurement Office shall transfer to it the reports specified in this Article or the principal information presented in the reports. Article
  13. Statistical Report The Public Procurement Office shall, not later than by 31 October of each year, submit to the European Commission the previous year’s statistical reports on the awarded contracts for supplies, services or works drawn up according to the requirements of the European Commission. Article
  14. Storage of Documents The performed public contracts, requests, tenders, contract documents, the documents relating to examination and evaluation of the requests and tenders, other procurement-related documents submitted in any manner, form and medium shall be stored in the manner prescribed by the Law of the Republic of Lithuania on Documents and Archives, but for not less than four years after the completion of the procurement. At the request of the European Commission, the documents shall be forwarded to it for the purpose of substantiating the adopted decisions or providing information. Article
  15. Control of Public Procurement and Liability of the Heads or Other Authorised Persons of the Contracting Authority
  16. Control of public procurement shall be exercised by the Public Procurement Office and authorised state institutions, also the public legal persons authorised by a resolution of the Government of the Republic of Lithuania and administering the financial assistance of the European Union or individual States within the scope of their competence.
  17. The Public Procurement Office must without delay notify the head of the contracting authority of imposition of an administrative penalty.
  18. The bodies exercising control of public procurement shall have the right to observe all procurement procedures and, in case of necessity, to make video recordings of meetings of the Commission and other procurement procedures.
  19. In the event of violation of this Law, the heads of the contracting authority, members of the Commission, experts, other persons involved in the procurement procedures shall be held liable according to the procedure established by law. CHAPTER II CONTRACTS AWARDED BY STATE OR LOCAL AUTHORITIES, OTHER PUBLIC OR PRIVATE LEGAL PERSONS MEETING THE CONDITIONS OF PARAGRAPH 2 of ARTICLE 4 OF THIS LAW, ASSOCIATIONS OF ONE OR SEVERAL STATE OR LOCAL AUTHORITIES AND (OR) OTHER PUBLIC OR PRIVATE LEGAL PERSONS MEETING THE CONDITIONS OF paragraph 2 of ARTICLE 4 OF THIS LAW SECTION ONE GENERAL PROVISIONS Article
  20. Contract Notices
  21. The contracting authority must publish a prior notice of any planned procurement, including the procurement for which a framework agreement is to be concluded, in cases where the value of procurement is not less than that specified in subparagraphs 1, 2 and 3 of this paragraph and the contracting authority intends to make use of the possibility to shorten the time limits for submitting tenders indicated in Articles 44, 46, 75 of this Law. This requirement shall not apply in the case of the negotiated procedure without publication of a contract notice. The contracting authority must publish prior notices without delay at the beginning of the financial year of any planned procurement of supplies and services, and, in the case of the planned procurement of works, immediately after making the decision to approve construction of objects. In order to make use of the possibility to shorten the time limits for submitting tenders, prior notice of the intended procurement shall be published: 1) where supplies are concerned, the value of the public supply contract, including the framework agreement, intended to be awarded in the following 12 months, taking into account the provisions of Article 9 of this Law, is equal to or greater than LTL 2589600 (EUR 750000). In this contract notice, the contracting authority shall make a reference to the CPV classification system; 2) where services are concerned, the value of the public service contract, including the framework agreement, intended to be awarded over the following 12 months, where such value, estimated in each of the categories of A-type services listed in Appendix 2 of this Law taking into account the provisions of Article 9 of this Law, is equal to or greater than LTL 2589600 (EUR 750000); 3) where works are concerned, the value of the public works contract, including the framework agreement, intended to be awarded over the following 12 months, where such value, estimated taking into account the type of the works and the provisions of Article 9 of this Law, is equal to or greater than LTL 20610618 (EUR 5923000).
  22. In awarding public contracts for supplies, services or works or concluding a framework agreement by the open, restricted, negotiated procedure or by applying the competitive dialogue, also in a design contest or using a dynamic purchasing system, the contracting authority must publish a separate contract notice and, in the case of the contract to be awarded under the dynamic purchasing system, publish a simplified contract notice in the dynamic purchasing system.
  23. The contracting authority must publish a notice of: 1) the awarded public contract, framework agreement, the results of the design contest no later than within 48 days after the award of the public contract or the approval of the results of the design contest. In the case of the award of contracts under a framework agreement, the contracting authority shall not be bound to publish such a notice; 2) the awarded public contract based on a dynamic purchasing system must be published not later than within 48 days after the award of each contract or it may group such notices on a quarterly basis and publish them within 48 days after the end of each quarter; 3) the public contract which has not been awarded upon completion of procurement in the cases indicated in subparagraphs 2-6 of paragraph 3 of Article 7 of this Law, not later than within 48 days after adoption of the decision not to award the public contract. This requirement shall not apply in the case of the negotiated procedure without publication of a contract notice.
  24. (Repealed as of 15 September 2008)
  25. In awarding a contract of an international threshold value not subject, in the opinion of the contracting authority, to mandatory publication in the Official Journal of the European Union, the contracting authority may publish a notice for voluntary ex ante transparency. The form of the notice shall be approved by the European Commission. The notice must specify: 1) name and contact data of the contracting authority; 2) description of the subject-matter of the public contract; 3) justification of the decision of the contracting authority to award the public contract without publication of a contract notice; 4) the name and contact data of the economic entity to be awarded the public contract; 5) any other information that the contracting authority deems appropriate to provide to suppliers.
  26. Certain information contained in a notice on the public contract award or the conclusion of the framework agreement may be withheld from publication where release of such information would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of suppliers or might prejudice fair competition between them.
  27. The information which must be indicated in notices and the standard model notice as well as requirements of the notice shall be determined by Commission Regulation (EC) No 1564/2005 of 7 September 2005 establishing standard forms for the publication of notices in the framework of public procurement procedures pursuant to Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council and by Commission Regulation (EC) No 1150/2009 of 10 November 2009 amending Regulation (EC) No 1564/2005 as regards the standard forms for the publication of notices in the framework of public procurement in accordance with Council Directives 89/665/EEC and 92/13/EEC. Article
  28. Preparation and Publication of Notices
  29. Notices (prior information notices, contract notices, contract award notices, notices of the results of a design contest, notices for voluntary ex ante transparency) shall be published in the Official Journal of the European Union, as well as in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios and in the Central Portal of Public Procurement. Prior information notices may be published on the website of the contracting authority in the specially assigned section (hereinafter referred to as “buyer profile”). The notice may be published in the “buyer profile” only after sending to the European Commission a notification of the intent to announce the notice in such a form. Date of dispatch of the notice to the Commission of the European Communities must be indicated in the notice published on the “buyer profile”. Version of paragraph 1 after 1 January 2012:
  30. Notices (prior information notices, contract notices, contract award notices, notices of the results of a design contest, notices for voluntary ex ante transparency) shall be published in the Official Journal of the European Union and announced in the Central Portal of Public Procurement. Prior information notices may be published on the website of the contracting authority in the specially assigned section after sending to the European Commission a notification of the intent to announce the notice in such a form. Date of dispatch of the notice to the European Commission must be indicated in the notice published on the “buyer profile”.
  31. In addition, the contracting authority may publish a contract notice in a publication other than that specified in paragraph 1 of this Article and on another website.
  32. The contracting authority shall submit to the Public Procurement Office all notices to be published in the publications specified in paragraph 1 of this Article and to be announced in the Central Portal of Public Procurement. The Public Procurement Office must, within three working days, dispatch the notices conforming to the requirements of this Law for publication in the publications referred to in paragraph 1 of this Article and announce in the Central Portal of Public Procurement. The date of prior publication of a contract notice or publication of a contract notice shall be deemed to be the date of dispatch of the notice from the Public Procurement Office. Version of paragraph 3 after 1 January 2012:
  33. The contracting authority shall submit to the Public Procurement Office all notices to be published in the publication specified in paragraph 1 of this Article and to be announced in the Central Portal of Public Procurement. The Public Procurement Office must, within three working days, dispatch the notices conforming to the requirements of this Law for publication by the Office of Official Publications of the European Union in the publication referred to in paragraph 1 of this Article and announce them in the Central Portal of Public Procurement. The date of prior publication of a contract notice or publication of a contract notice shall be deemed to be the date of dispatch of the notice from the Public Procurement Office.
  34. Notices shall be submitted by electronic means in the manner specified by the Public Procurement Office.
  35. The notices may not be published in other publications or in the Internet prior to the date of dispatch thereof to the Office of Official Publications of the European Union. They must indicate the date of the dispatch of a notice to the Office of Official Publications of the European Union. The same notice published in different publications must contain the same information.
  36. (Repealed as of 2 March 2010)
  37. The Public Procurement Office shall forward the notices of contracting authorities to the Office of Official Publications of the European Union for publication by electronic or other means in accordance with the format established by the European Commission. In case of urgency, notices must be sent by fax or by electronic means.
  38. A notice shall be published in an official language of the European Union as chosen by the contracting authority, this version constituting the sole authentic text. The Office of Official Publications of the European Union shall also prepare and publish a summary of the principal elements of every notice in the other official languages of the European Union. The costs of publication of notices by the Commission of the European Communities shall be covered by the European Union. The costs of publication of notices by the State Enterprise Seimas Publishing House “Valstybės žinios” shall be covered by the contracting authority. Version of paragraph 8 after 1 January 2012:
  39. A notice shall be published in an official language of the European Union as chosen by the contracting authority, this version constituting the sole authentic text. The Office of Official Publications of the European Union shall also prepare and publish a summary of the principal elements of every notice in the other official languages of the European Union. The costs of publication of notices by the Commission of the European Communities shall be covered by the European Union.
  40. The contracting authority may, in accordance with the procedure laid down by this Article, publish notices of the contracts awarded by means of simplified procurement procedures and of the procurement procedures not subject to the requirement set forth by this Law. Article
  41. Contract Documents
  42. In contract documents, the contracting authority shall give all the information about contract conditions and award procedures with the exception of the cases laid down in this Law.
  43. The contract documents must include: 1) instructions on the drawing up of tenders; 2) supplier qualification requirements, including qualification requirements for the suppliers submitting a joint request to participate or tender; 3) supplier qualification assessment procedure and the minimum number of candidates to be invited to submit their tenders, where the contracting authority has the right to restrict the number of tenderers in cases specified in this Law; 4) a list of documents evidencing supplier qualification and the information on the obligation to submit a declaration of compliance with the minimum qualification requirements set forth in the contract documents in the case indicated in paragraph 8 of Article 32 of this Law; 5) the requirement to submit a declaration in the form established by an institution authorised by the Government of the Republic of Lithuania indicating that the supplier has not given and does not intend to give to members of the Commission, experts, heads of the contracting authority (authorised entity), civil servants (employees) or representatives of other suppliers any money or gifts, has not rendered them any services or another remuneration for the conditions provided or not provided in relation to the actions favourable for the award of contract; the economic entities wherewith the supplier is associated in the ways specified in paragraph 12 of Article 3 of the Law of the Republic of Lithuania on Competition, and confirming that if one or more of the economic entities indicated by it and with which it is associated participate in procurement and submit an independent tender (tenders), the supplier shall act independently of them and they shall be deemed to be competitors; that the supplier does not participate in the prohibited agreements referred to in Article 5 of the Law of the Republic of Lithuania on Competition and the agreements violating the principles referred to in Article 3 of this Law; 6) indication of the products, services or works concerned, amounts, the nature of services incidental to the public supply contract, time limits for delivery of products, rendering of services or performance of works; 7) technical specifications; 8) tender evaluation criteria and conditions; 9) the terms and conditions of the public contract proposed to the parties by the contracting authority in compliance with requirements of paragraph 6 of Article 18 of this Law, as well as a draft contract (if available); 10) indication of admission of variants, and requirements for the variants; 11) indication of the possibility of tendering for one, for several or for all the lots of supplies, works or services, as well as description of such lots; 12) indication about price calculation and the manner of indication thereof in the tenders. The price must include all relevant taxes; 13) tender security (where required) and contract performance security requirements; 14) time limit, place and manner for receipt of tenders, including an indication of submission of a tender by electronic means; 15) the ways in which suppliers may request clarification of contract documents and obtain information about a meeting to be held by the contracting authority with the suppliers, also the ways in which the contracting authority may on its own initiative clarify (fine-tune) the contract documents; 16) the date until which the tenderer must maintain its tender or a time frame during which the tenderer must maintain its tender; 17) the place, date, the hour and the minute fixed for the opening of tenders; 18) tender opening and tender examination procedures; 19) an indication that the prices quoted in tenders will be in Litas. If the prices are quoted in a foreign currency, they will be converted into Litas at the exchange rate of Litas and the foreign currency determined and announced by the Bank of Lithuania on the last day of the period set for receipt of tenders; 20) names, surnames, addresses, telephone and fax numbers of the civil servants or employees of the contracting authority or (one or several) members of the Commission authorised to keep in direct contact with the suppliers and obtain from them, without any mediators, the notices regarding the procurement procedures; 21) other requirements set by the Public Procurement Office under this Law and other legal acts regulating public procurement; 22) a reference to the prior information notice published in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios and the Official Journal of the European Union, other publications and the Internet in case of the publication of a prior information notice; Version of subparagraph 22 after 1 January 2012: 22) a reference to the prior information notice published in the Official Journal of the European Union, the Central Portal of Public Procurement, other publications and the Internet in case of the publication of a prior information notice; 23) an indication of application of the period of deferment, the procedure for hearing disputes;
  44. In procuring supplies, services or works, the contracting authority must, in the cases and in accordance with the procedure laid down by the Government of the Republic of Lithuania or an institution authorised by it, specify the requirements for and/or the criteria of energy consumption efficiency and environmental protection.
  45. The contracting authority may lay down in contract documents special conditions for the performance of a contract relating to social and environmental requirements, provided that these are compatible with EU law.
  46. Contract documents must require the candidate or tenderer to indicate in its tender the subcontractors, subsuppliers or subproviders which it intends to contract, and may require the candidate or tenderer to indicate in its tender the part of procurement for which it intends to contract the subcontractors, subsuppliers or subproviders. The said instruction shall not affect the main supplier’s responsibility for the performance of the public contract to be awarded.
  47. The contracting authority may indicate in contract documents the office or offices from which the candidate or tenderer may obtain the relevant information about the requirements relating to taxes, environmental protection, safety at work and employment conditions which are in force in the country or the place of performance of a public contract and which will apply with respect to the works performed or services provided during the performance of the contract. In such a case, the contracting authority shall request the candidates or tenderers to indicate, when drafting a tender, that they have taken into account the safety at work and employment condition requirements in force in the areas where the works will be performed or services will be provided. The provision shall be without prejudice to the application by the contracting authority of the provisions of Article 40 of this Law concerning the examination of the abnormally low tenders.
  48. Prior information notices and contract notices shall be a constituent part of contract documents. The contracting authority may choose not to repeat information provided in the notices, including the case where the technical specifications are based on the documents accessible to the suppliers, and present a reference to these documents.
  49. The contracting authority shall draft contract documents in compliance with the provisions of this Law. The contract documents must be precise, clear, unambiguous so that the suppliers could submit tenders and the contracting authority could purchase what it needs.
  50. Contract documents shall be drawn up in Lithuanian. In addition, the contract documents may also be drawn up in other languages. Article
  51. Technical Specification
  52. Supplies, services or works subject to procurement shall be described in the technical specifications contained in contract documents. Certain definitions of technical specifications shall be given in Appendix 3 of this Law. Whenever possible these technical specifications should be defined so as to take into account accessibility criteria for people with disabilities or design for all users.
  53. Technical specifications must ensure competition and be non-discriminatory with respect to suppliers.
  54. Without prejudice to mandatory national technical rules, to the extent that they are compatible with EU law, the technical specifications may be formulated by any of the following methods or their combination: 1) by reference to standards, technical approvals or common technical specifications. In the technical specifications, the following order of preference must be applied: the Lithuanian standard transposing a European standard, a European technical approval, common technical specifications, an international standard, other technical reference systems established by the European standardisation bodies or, when these do not exist, to national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the products. Each reference shall be accompanied by the words ‘or equivalent’; 2) in terms of performance or functional requirements of the subject-matter of the contract. Functional requirements may include environmental characteristics. Such parameters must be sufficiently precise to allow suppliers to determine the subject-matter of the contract and to allow contracting authorities to award the contract for the necessary supplies, services or works; 3) in terms of performance or functional requirements of the subject-matter of the contract as mentioned in subparagraph 2 of this paragraph as a means of presuming conformity with such requirements referring to the specifications mentioned in subparagraph 1; 4) by referring to technical specifications for certain characteristics of the subject-matter of the contract mentioned in subparagraph 1 or in terms of performance or functional requirements mentioned in subparagraph
  56. Where a contracting authority uses the option of referring to the technical specifications mentioned in subparagraph 1 of paragraph 3 of this Article, it cannot reject a tender on the grounds that the supplies or services or works tendered for do not comply with the technical specifications to which it has referred, once the tenderer proves in his tender to the satisfaction of the contracting authority, by whatever appropriate means, that the solutions which he proposes satisfy in an equivalent manner the requirements defined by the technical specifications.
  57. Where a contracting authority prescribes in technical specifications the performance or functional requirements of the object, it may not reject a tender for supplies, services or works which comply with a Lithuanian standard transposing a European standard, with a European technical approval, a common technical specification, an international standard or a technical reference system established by a European standardisation body, if these specifications address the performance or functional requirements which the contracting authority has laid down and where in his tender the tenderer proves to the satisfaction of the contracting authority and by any appropriate means that the supplies, services or works in compliance with the technical specifications meet the performance or functional requirements of the contracting authority.
  58. Where a contracting authority lays down environmental characteristics in terms of performance or functional requirements as referred to in subparagraph 2 of paragraph 3 of this Article it may: 1) use the detailed specifications, or, if necessary, parts thereof, as defined by European or (multi-) national eco-labels, or by and any other eco-label, provided that: those specifications are appropriate to define the characteristics of the supplies or services that are the object of the contract; the requirements for the eco-label are drawn up on the basis of scientific information; the eco-labels are adopted using a procedure in which state institutions, consumers, manufacturers, distributors, environmental organisations and other interested persons can participate; 2) indicate that the products and services bearing the eco-label are presumed to comply with the technical specifications laid down in the contract documents. In such a case, it must accept any other appropriate means of proof, such as a technical dossier of the manufacturer or a test report from a notified body.
  59. Appropriate means referred to in paragraphs 4 and 5 of this Article might be constituted by a technical dossier of the manufacturer or a test report by the notified body. A notified body shall be a test and calibration laboratory and certification and inspection body which complies with applicable European standards. A contracting authority must accept conformity certificates from notified bodies established in other EU Member States.
  60. Unless justified by the subject-matter of the contract, technical specifications may not refer to a specific make or source, or a particular process, or to trade marks, patents, types or a specific origin or production with the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to paragraphs 3 and 4 of this Article is not possible. Such a reference shall be accompanied by the words ‘or equivalent’. Article
  61. Variants
  62. The contracting authority must indicate in the contract notice whether or not it authorises variants. The contracting authority may authorise to submit variants only where the criterion for the evaluation of tenders is that of the most economically advantageous tender. Only variants submitted by the tenderer and meeting the minimum requirements laid down by the contracting authority shall be taken into consideration by the contracting authority.
  63. The contracting authority shall indicate in the contract documents the minimum specifications to be respected by the variants and any specific requirements for their presentation.
  64. In procedures for awarding public supply or service contracts, the contracting authority which has authorised variants may not reject a variant on the sole ground that it would lead to either a service contract rather than a public supply contract or vice versa. Article
  65. Provision of Contract Documents
  66. The contracting authority shall publish the contract documents which can be submitted by electronic means, including technical specifications, document clarifications (fine-tuning), also replies to the suppliers’ enquiries, in the Central Portal of Public Procurement together with a contract notice. Where it is not possible to publish the contract documents in the Central Portal of Public Procurement, the contracting authority shall provide the supplier with the contract documents by other means.
  67. The contracting authority (where the contract documents are held by the authorised entity, rather than the contracting authority – the authorised entity) must provide the contract documents immediately, but not later than within six days after the receipt of the supplier’s request if the request is submitted in due time before the deadline fixed for submitting tenders. At the request of the supplier, additional contract documents (adjustments, clarifications, corrections) must be provided not later than six days before the deadline fixed for submitting tenders, if they have been requested in due time. In case of restricted procedure or the accelerated form of negotiated procedure referred to in paragraph 6 of Article 46 and paragraph 3 of Article 59 of this Law the additional contract documents must be provided not later than four days before the deadline fixed for submitting tenders, if the request is submitted in due time before the deadline fixed for submitting tenders.
  68. The contracting authority may, in reply to the supplier’s request, send at the same time clarifications to all other suppliers whom it has provided with contract documents, not specifying however from whom it has received the request to present a clarification.
  69. Before the expiry of the time limit for the submission of tenders the contracting authority may at its own initiative clarify (fine-tune) the contract documents.
  70. In the event of fine-tuning the published information, the contracting authority must accordingly fine-tune the notice and, where necessary, extend the time limit for submission of tenders by a time limit in compliance with the criterion of reasonableness, within which the suppliers, while drafting tenders, could take account of the fine-tuning performed.
  71. If the contracting authority prepares a meeting with the suppliers, it shall draw up minutes of the meeting. All questions relating to the contract documents put during the meeting as well as replies to them shall be recorded in the minutes. The minutes shall be dispatched to all suppliers who take part in the procurement procedures.
  72. The time-limits for providing with contract documents referred to in paragraph 2 of this Article shall not apply if the contracting authority immediately after the date of dispatch of a contract notice or invitation to tender provides the suppliers with the contract documents by electronic means directly and free of charge.
  73. The contracting authority may not provide the contract documents before the contract notice is published as specified in paragraph 3 of Article 23 of this Law. When providing the contract documents, the contracting authority shall observe the principles of equality and non-discrimination of suppliers. Article
  74. Submission of Requests and Tenders
  75. The contracting authority must specify a deadline for submission of requests to participate and tenders by indicating in the contract documents the date, the hour and the minute. In the event a tender is received outside the specified deadline, it shall be returned unopened to the supplier which has submitted it. The envelope with the tender shall also be returned if the tender is submitted in an unsealed envelope as indicated in paragraph 5 of this Article.
  76. The minimum time limits for the receipt of requests to participate and tenders as established by this Law shall be counted (except for the public contracts subject to Chapter IV of this Law) from the date of dispatch of the contract notice for publication from the Public Procurement Office to the Official Journal of the European Union, the supplement Informaciniai pranešimai to the official gazette Valstybės žinios or the date of dispatch of invitations to candidates to submit their tenders. Version of paragraph 2 after 1 January 2012:
  77. The minimum time limits for the receipt of requests to participate and tenders as established by this Law shall be counted (except for the public contracts subject to Chapter IV of this Law) from the date of dispatch of the contract notice for publication from the Public Procurement Office to the Official Journal of the European Union or the date of dispatch of invitations to candidates to submit their tenders.
  78. The contracting authority must fix a sufficient time limit not shorter than the minimum time limits set for receipt of requests to participate and tenders in Articles 44, 46, 52, 59 or 75 of this Law, and shall be sufficiently long to give the suppliers reasonable time for drawing up and submitting their requests to participate and tenders. When fixing this time limit, the contracting authority must take account of the complexity of procurement and the time required for drawing up the requests and tenders.
  79. If, for whatever reason, the contract documents or parts thereof, although requested in due time, have not been provided within the time limits fixed in Article 27 of this Law, or where it transpires after the provision of the contract documents that tenders can be made only after a visit to the site or after on-the-spot inspection of the documents supporting the contract documents, the contracting authority must extend the time limits for the receipt of tenders so that all suppliers concerned can access the entire information needed to draw up a tender and notify thereof by fine-tuning the notice.
  80. The contracting authority must indicate in the contract documents that the request to participate or tender must be submitted in writing and duly signed by the supplier or a person authorised by the supplier. The tender must be submitted in a sealed envelope. If the contracting authority intends to choose the most economically advantageous tender, it must request in the contract documents that the suppliers submit two sealed envelopes: one with the price offer, the other with the remaining parts of the tender (technical data and other information and documents). The two envelopes must be put into a single envelope, which must also be sealed. The pages of the tender (with annexes) must be numbered and thread-sewn and bear the signature of the supplier or the person authorised by it on the backside of the last page and indicate the name, surname, job position (if any) of the supplier or the authorised person and the number of the pages constituting the tender. A copy of the document evidencing tender security shall be thread-sewn and numbered together with other pages of the tender. The document evidencing tender security shall not be thread-sewn and numbered, but shall be put into the single envelope. Where the tender is of a considerable volume and consists of several parts, this requirement shall apply to each part of the tender. The requirements to submit the tender or parts thereof in envelopes, to have the tender numbered, thread-sewn and bearing the signature of the supplier or the person authorised by it on the backside of the last page, the name, surname, job position (if any) of the supplier or the person authorised by it and the number of the pages constituting the tender indicated, and to have the copy of the document evidencing tender security thread-sewn and numbered together with other pages of the tender shall not apply where the contracting authority accepts the tenders submitted by electronic means.
  81. The requirement set in paragraph 5 of this Article to submit a tender in two envelopes shall not apply if the contract is awarded by way of negotiated procedure. The contracting authority must indicate in the contract documents that tenders should be submitted in a sealed envelope.
  82. Requests to participate and tenders may be submitted by electronic means in accordance with the requirements set in Article 17 of this Law.
  83. Upon the supplier’s request, the contracting authority must furnish a written confirmation of the receipt of the supplier’s request to participate or tender by specifying the date, the hour and the minute of receipt.
  84. The supplier may submit only one tender and where the contract is divided into lots for each of which a contract is intended to be awarded, the supplier may submit to the contracting authority a tender for one, for several or for all the lots as indicated by the contracting authority except in cases where variants are authorised in the contract documents. Article
  85. Tender Validity Period. Modifying and Revoking Tenders
  86. A tender shall be valid for a period of time specified by the supplier. The period may not be shorter than that set in the contract documents. If the tender does not specify the period of its validity, it shall be considered to be valid for the period indicated in the contract documents.
  87. As long as the tender validity period has not expired, the contracting authority may request suppliers to extending the validity period until the specified date. Any supplier may reject such a request without loosing his right to tender security.
  88. A supplier who agrees to extend the tender validity period and notifies the contracting authority thereof in writing shall extend the validity period of the tender or provide a new tender security. If the supplier fails to respond to the request made by the contracting authority as regards extension of the tender validity period, or does not extend the validity period or fails to provide a new tender security, it shall be deemed that such supplier rejected the request of the contracting authority to extend the tender validity period.
  89. At any time before the deadline for receipt of tenders, the supplier may modify or revoke his tender without losing the right to tender security. Any such modification or notification about the tender being revoked shall be deemed valid, if the contracting authority received it before the deadline fixed for the receipt of tenders. Article
  90. Tender Security and Security for the Performance of the Contract
  91. The contracting authority may request that the validity of tenders, and must request that the performance of the contract, be secured by means of the ways of securing the discharge of obligations established by the Civil Code of the Republic of Lithuania. In public procurement procedures conducted by electronic means, the contracting authority may establish that tender security and security for the performance of the contract be transmitted by electronic means.
  92. The contracting authority may not reject tender security or security for the performance of the contract on the grounds that the security has not been issued by an economic entity of the Republic of Lithuania, provided that the tender security and the security for the performance of the contract and the supplier who issued the security conform to the requirements set forth in the contract documents.
  93. Prior to submitting tender security or prior to submitting security for the performance of the contract, a supplier may request the contracting authority to confirm that it finds the proposed tender security or security for the performance of the contract acceptable. In this case, the contracting authority must respond to the supplier’s request not later than within three working days from the receipt of the request. Such confirmation shall not preclude the contracting authority from rejecting the tender security or security for the performance of the contract upon receipt of information that the economic entity providing the tender security or the security for the performance of the contract has become insolvent or defaulted on its obligations to the contracting authority or to other economic entities, or otherwise lacks creditworthiness. Article
  94. Opening of Tenders
  95. Tenders shall be opened at a meeting of the Commission. The meeting shall be held at the place and shall commence on the day, at the hour and the minute specified in the contract documents. As used in this Law, the initial examination of the tenders received buy electronic means shall be equivalent to the opening of tenders. The day and the hour of the meeting must coincide with the deadline for receipt of tenders. The change of the deadline for the receipt of tenders must result in the change of the date for opening tenders. All tenders received within the time limits fixed for their submission must be opened at the fixed time. All suppliers who have submitted tenders or their representatives shall have the right to be present during the tender opening procedure, except in cases where the contract is awarded by way of a negotiated procedure or the competitive dialogue. In the case of the negotiated procedure, all suppliers participating in the negotiated procedure or their representatives shall have the right to be present during the opening of tenders containing the final prices offered by the suppliers and final technical data.
  96. If the contracting authority chose to evaluate tenders according to the criterion of the most economically advantageous tender, the tenders (except for the negotiated procedure) must be opened at two meetings of the Commission. Solely the envelopes containing technical data of the tender and another information shall be opened at the first meeting, and the envelopes with the price offers – at the second meeting of the Commission. The second meeting may take place only after the contracting authority verifies the compliance of the technical data of the tenders and the suppliers’ qualification against the requirements fixed in the contract documents, and assesses the technical merits of the tenders according to the requirements of the contract documents and, in cases specified in this Law, the qualification of the suppliers. The contracting authority must communicate in writing the results of such verification and assessment to all suppliers concerned, indicating the time and venue of the second tender opening meeting. Where the contracting authority, upon verifying and assessing the data submitted by the supplier in the first envelope, rejects its tender, the unopened envelope with the price offers together with other documents submitted by the supplier shall be preserved in the manner established in Article 21 of this Law.
  97. Envelopes shall be opened by one member of the Commission in the presence of the suppliers who submitted their tenders or their representatives. The envelopes shall be opened even if the supplier or its representative is not present at the meeting.
  98. After opening of the envelope, the members of the Commission attending the meeting shall affix their signatures on the backside of the last page of the tender. The above provision shall not apply if the tender is transmitted by electronic means.
  99. The Commission shall record the results of the tender opening procedure and initial examination of the tender submitted by electronic means in the minutes of the meeting. The obligatory particulars of the minutes shall be established by the Public Procurement Office.
  100. During the procedure of opening envelopes with the tenders containing the technical data of the tender, the suppliers or their representatives attending the procedure shall be announced the name of the supplier submitting the tender and the main technical data of the tender and whether the tender security has been presented (if requested) or whether the submitted tender has been thread-sewn and numbered and bearing the signature of the supplier or its authorised representative on the backside of the last page or whether the name, surname, job position of the authorised person and the number of the pages constituting the tender have been indicated. Should at least one supplier or its representative participating in the tender opening procedure request so, all technical data of the tender that will be taken into account when evaluating the tenders must be announced.
  101. The suppliers or their representatives present at the procedure of opening of envelopes with price offers shall be announced the name of the supplier submitting the tender and the price quoted in the tender. In the event that the price quoted in the tender and expressed in figures does not correspond to the price expressed in words, the price given in words shall be deemed correct.
  102. Where the tender is evaluated on the basis of the lowest price criterion, the suppliers or their representatives participating in the tender opening procedure shall be announced the name of the supplier submitting the tender, the price offered in the tender, and notified whether the tender security has been presented (where required) or whether the submitted tender has been thread-sewn and numbered and bearing the signature of the supplier or its authorised representative on the backside of the last page or whether the name, surname, job position of the authorised person and the number of the pages constituting the tender have been indicated. In the event that the price quoted in the tender and expressed in figures does not correspond to the price expressed in words, the price given in words shall be deemed correct.
  103. Where the contract consists of several lots, the suppliers or their representatives participating in the procedure of opening of envelopes with price offers shall be announced the price offered for each lot. The prices must be recorded in the minutes of the meeting at which envelopes with prices are opened.
  104. During the opening of tenders, the Commission must allow the interested suppliers or their authorised representatives participating in the meeting to publicly remove the shortcomings of the binding or execution of the tenders which have been pointed out by the Commission and which it is possible to remove during the meeting.
  105. The information announced during the tender opening procedures shall be communicated in writing also to the suppliers which have submitted tenders, but are not participating in the tender opening procedure, if they request so. Each supplier or its representative taking part in the tender opening procedure shall have the right to examine the publicly announced information; however, when communicating such information, the contracting authority may not disclose the confidential information provided in the supplier’s tender.
  106. The subsequent tender examination, evaluation and comparison procedures shall be conducted by the Commission alone, not in the presence of the suppliers which have submitted the tenders. Article
  107. Verification of the Qualification of Suppliers
  108. The contracting authority must verify whether a supplier is competent, reliable and capable of performing the contract, hence the contracting authority shall have the right to define in the contract notice or other contract documents th

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