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Main provisions of the Draft Law

In short

This law establishes the rules for public procurement in Lithuania, outlining the procedures, rights, obligations, and responsibilities of those involved, as well as how disputes are handled. It aims to ensure fair and transparent processes for acquiring goods, services, or works using public funds.

What it regulates

Who it concerns

Key points

Įstatymo tekstas

Main provisions of the Draft Law Official translation REPUBLIC OF LITHUANIA LAW ON PUBLIC PROCUREMENT 6 September 1997, No. I-1491 Vilnius (As last amended by 18 October 2007, No. X-1298) CHAPTER I GENERAL PROVISIONS Article

  1. Scope of the Law
  2. This Law establishes the procedure of public procurement, the rights, obligations and responsibility of entities of procurement, the procedure for the control of public procurement and settling of disputes.
  3. The provisions of the Law have been harmonised with the EU legal acts presented in the Annex to the Law. Article
  4. Definitions
  5. “Open procedure (simplified open procedure)” means the procedure when any interested supplier may submit a tender. 2.”Common procurement vocabulary” (hereinafter - CPV) means the classification system applicable to public procurement adopted by Regulation (EC) No 2195/2002 and ensuring that it complies with other valid classifications. In the event of varying interpretations of the scope of this Law, owing to possible differences between the CPV and accordingly the Statistical Classification of Products by Activity in the EEC (CPA), General Industrial Classification of Economic Activities within the European Communities (NACE Rev.1) or the Provisional Central Product Classification (CPC Prov.), the NACE and CPC classifications shall take precedence.
  6. “Central purchasing body” means a contracting authority specified in subparagraphs 1, 2 and 3 of paragraph 1 of Article 4 of this Law which” 1) acquires supplies and/or services intended for contracting authorities, or 2) awards public contracts or concludes framework agreements for works, supplies or services intended for contracting authorities.
  7. “Central portal of public procurement” means the information system managed by the Central Procurement Office intended for: 1) providing electronic means for submitting and managing procurement notices and reports; 2) providing electronic means for conducting procurement procedures; 3) publishing information about procurement on the Internet.
  8. “Tenderer” is a supplier that submitted a tender.
  9. “Negotiated procedures” means those procedures whereby the contracting authorities consult the suppliers of their choice and negotiate the terms of contract with one or more of these.
  10. “Dynamic purchasing system” means a completely electronic process for making commonly used purchases. The characteristics of which, as generally available on the market, meet the requirements of contracting authority. The use of dynamic purchasing system is limited in duration. The system shall be open throughout its validity to any supplier, which satisfies the selection criteria and has submitted an indicative tender that complies with the specifications.
  11. An “electronic auction” means a repetitive process involving an electronic device for the presentation of new prices, revised downwards and/or new values concerning certain elements of tenders. It occurs after an initial full evaluation of the tenders, enabling them to be ranked using automatic evaluation methods. Consequently certain service contracts and certain works contracts having as their subject-matter intellectual performances, such as the design of works, may not be the object of electronic auction.
  12. . “Electronic means” means using electronic equipment for the processing (including digital compression) and storage of data which is transmitted conveyed and received by wire, by radio, by optical means or by other electromagnetic means.
  13. “Usual commercial practice” means a practice when the contracting authority procures supplies, services or works following the procurement rules laid down by it and the public procurement principles set forth in this Law from a supplier that offers the lowest price or gives the most economically advantageous proposal.
  14. “Candidate” is any supplier seeking an invitation to take part in a restricted or a negotiated procedure.
  15. “Statement of confidentiality” is a statement made in writing by a member or expert of the public procurement commission or any other person whereby such member or expert or other person undertakes not to furnish information to third parties, where disclosure of such information would be contrary to the requirements of this Law or public interests or would harm the legitimate interests of the suppliers and/or contracting authority participating in the procurement procedure.
  16. “Competitive dialogue” means a procedure in which any supplier may request to participate and whereby the contracting authority conducts a dialogue with the candidates admitted to that procedure, with the aim of developing one or more suitable alternatives capable of meeting its requirements, and on the basis of which the candidates chosen are invited to tender.
  17. “Pre-qualification selection” means a procurement procedure whereby the contracting authority selects, on the basis of the qualification criteria laid down in the contract documents, candidates eligible to be invited to submit their tenders.
  18. “Impeccable reputation” means individuals other than those listed below: 1) persons convicted of a grave or especially grave crime, or of an economic and business crime or of a financial crime or a civil service crime and of a crime against public interests, irrespective of whether the conviction has expired or not; 2) persons convicted of a deliberate offence, if the conviction has not expired or been expunged; 3) persons who violated the requirements of the Law of the Republic of Lithuania on Adjustment of Public and Private Interests in the Public Service; 4) persons who abuse alcohol, narcotic, toxic or psychotropic substances; 5) persons convicted by an effective court judgement of a corruption offence; 6) persons who have been imposed a penalty (except for a warning) under the Code of Administrative Offences of the Republic of Lithuania for the violation of public procurement procedure and the penalty is still in effect; 7) persons who violated the norms of the politicians’ code of conduct of the Republic of Lithuania; 8) persons who violated the norms of civil servants’ code of conduct of the Republic of Lithuania.
  19. “Declaration of impartiality” means a written statement given by a member or expert of the public procurement commission declaring his impartiality with respect to the suppliers.
  20. “Request” means the totality of documents whereby the supplier expresses his willingness to take part in the procurement procedures.
  21. “Tender” means the totality of documents submitted by the supplier in writing offering to supply products, provide services or perform works under the terms fixed by the contracting authority.
  22. “Tender security and security for the performance of the public contract” means the method of ensuring the fulfilment of an obligation laid down by the Civil Code of the Republic of Lithuania.
  23. “Contract documents” means documents describing the objective of procurement and contract terms and conditions that are published or presented by the contracting authority to the suppliers; these documents include a contract notice, an invitation to tender, technical specifications, draft contract and other documents and explanations to these documents.
  24. A “framework agreement” means an agreement between one or more contracting authorities and one or more suppliers, the purpose of which is to establish the terms governing contracts to be awarded during a given period, in particular with regard to price and, where appropriate, the quantity envisaged.
  25. “Design contest (simplified design contest)” means the procurement procedures which enable the jury to select a supplier/suppliers who submitted the best plan or design (usually for area planning, building planning, architecture and engineering or data processing), with or without the award of a prize, a bonus or other award, and then invite such supplier to participate in the procurement procedures.
  26. “Written” or “in writing” means any expression consisting of words or figures which can be read, reproduced and subsequently communicated. It may include information, which is transmitted and stored by electronic means.
  27. “Restricted procedure (simplified restricted procedure)” means the procedure in which any economic operator may request to participate and whereby only those economic operators invited by the contracting authority may submit a tender.
  28. “Supplier (supplier, service provider, contractor)” is any economic entity that may be either a natural person, or a private legal person, or a public legal person or any group of such persons, which is able to offer or is offering goods, services or works.
  29. “Public procurement of works ” means public procurement having as its object either the execution, or both execution and design, of works related to one of the activities referred to in Annex I of this Law, or the execution, by whatever means, of work corresponding to the requirements set by the contracting authority. Work means the outcome of building or civil engineering, works taken as a whole that is sufficient of itself to fulfil an economic and technical function.
  30. “Public procurement of services” means public procurement having as its object A- and B-type services listed in Annex II to this Law, as well as procurement having as its object the supplies and services listed in Annex II of this Law, where the value of such services exceeds that of supplies, or procurement having as its object services listed in Annex II of this Law and works listed in Annex I of this Law, where these works are incidental to the principal object of the services contract. The object of procurement is to award a public sales-purchase contract.
  31. “Public procurement” (hereinafter referred to as “procurement”) means the procurement of supplies, services or works performed by the contracting authorities subject to the rules set forth in this Law. The object of procurement is to award a public sales-purchase contract.
  32. “Public procurement of supplies” means public procurement having as its object the purchase, lease, rental or hire purchase, with or without option to buy, of products supplies (raw material, products, equipment buildings and other items of any form), including siting and installation or other services necessary for preparing the supplies (products) for use. The object of procurement is to award a public sales-purchase contract.
  33. “Public sales-purchase contract” (hereinafter referred to as “public contract”) means contracts for pecuniary interest concluded in writing (except in the case specified in Article 119

(4)of this Law, where a public contract may be concluded orally), between one or more suppliers and one or more contracting authorities and having as their objects supplies of products, execution of works or provision of services. Article
  1. Main Principles of Public Procurement and Compliance with them
  2. The contracting authority shall ensure in the course of performance of procurement procedures and award of contracts compliance with the principle of equal treatment, the principle of non-discrimination, the principle of mutual recognition, the principle of proportionality and the principle of transparency.
  3. The main goal of procurement shall be to award a public contract in compliance with the requirements set in this Law allowing to acquire for the contracting authority (to perform procurement by the authorising contracting authority) or third persons the necessary supplies, services or works making a rational and economic use of the resources allocated for this purpose.
  4. Where a contracting authority grants special or exclusive rights to provide public services to another body, which is not the contracting authority, the instrument granting these rights shall stipulate that the body in question must abide by the principle of non-discrimination on national grounds when awarding contracts to third persons for supplies necessary for the provision of public services.
  5. For the purpose of the award of contracts the contracting authority shall apply to suppliers from other EU member states (hereinafter referred to as Member States) conditions as favourable as those which it grants to the suppliers of third countries in implementation of the WTO’s Agreement on Government Procurement. Article
  6. Contracting Authority
  7. A contracting authority shall be: 1) any state or local authority; 2) any public or private legal person meeting the conditions set forth in paragraph 2 of this Article; 3) any association of authorities specified in subparagraph 1 and/or of public or private legal persons referred to in subparagraphs 2 of this paragraph; 4) any legal persons engaged in water, energy, transport or telecommunication activity, referred to in Article 70
(1)(2-4) of this Law.
  1. A public or private legal person (with the exception of state or local authorities) shall be deemed to be a contracting authority, if all or part of its activities is intended for meeting the needs of general interest, not having an industrial or commercial character, and meets at least one of the following conditions: 1) the activities thereof are financed, for more than 50 %, with state or municipal budget resources, or with other resources from state or municipal budgets, or with the resources of other public or private legal persons specified in this paragraph; 2) it is subject to management (supervision) by the state or local authorities, or other public or private legal persons specified in this paragraph; 3) it has an administrative, management or supervisory body, more than half of whose members are appointed by the state or local authorities or by public or private legal persons specified in this paragraph.
  2. The Government of the Republic of Lithuania or an institution authorised by it shall approve the lists of contracting authorities (including military units and services of the national defence system).
  3. The institution which approves the lists specified in paragraph 3 hereof must ensure that the lists are updated on a regular basis. The institution shall notify the Commission of the European Communities on a regular basis of any changes in the lists. Article
  4. Suppliers
  5. If under the laws of the Member State in which they are established the candidates or participants have the right to provide a certain service, supply goods or perform works, they must not be rejected only on the ground that, as required under the laws of the Member State in which the contract of procurement is awarded, they must be natural or legal persons. However when awarding public contracts for supplies, services or works the legal persons may be requested to indicate in the request or tender the name and professional qualification of the employees responsible for contract performance.
  6. The request or tender may be submitted by a group of economic entities. Where such a group is willing to submit a request or a tender, the contracting authority may not demand that the group acquire a certain legal form, however, after the contracting authority makes a decision to award the public contract to the selected group, it may be required to acquire a certain legal form if this is necessary for due performance of the public contract. Article
  7. Confidentiality
  8. Except in the cases provided for in the laws, the contracting authorities may not disclose any information the confidential nature whereof has been indicated by the contracting authority or supplier.
  9. The contracting authority, members of the Public Procurement Commission, experts or other persons may not disclose any information in relation to the completed procurement procedures, where disclosure of such information is contrary to the laws, harms the legitimate commercial interests of the parties or precludes fair competition. Article
  10. Commencement and Completion of the Procurement
  11. The procurement shall commence upon receipt by the Public Procurement Office of a notice of procurement submitted by the contracting authority, or a prior call for competition submitted by the contracting authority operating in the water, energy, transport and postal services sectors; in negotiated or simplified negotiated procedure without publication of a contract notice - upon sending invitations to tender to the candidate (candidates); or, in case of procurement following the usual commercial practice - when the contracting authority approaches a supplier (suppliers) requesting to offer prices and conditions for the purchase of supplies, services or works.
  12. The procurement (procurement of a lot) shall be completed: 1) upon conclusion of the contract (framework agreement) or selection of the winner in the design contest, who is not invited to participate in the further procurement procedure; 2) when all tenders are rejected; 3) when procurement procedures are terminated; 4) when no tenders or requests to participate are filed within the specified time limits; 5) the tender validity period expires and the contract is not concluded due to the reasons that are beyond the suppliers' control; 6) all suppliers withdraw their tenders or refuse to conclude the public contract.
  13. At any time before the award of the contract, upon receipt of the consent from the Public Procurement Office, the contracting authority shall have the right to terminate the procurement procedures should the circumstances arise that could not have been predicted in advance. The consent of the Public Procurement Office shall not be needed for terminating procurement procedures carried out following the usual commercial practice and procurement procedures carried out in compliance with Article 85 of this Law. In cases where the value of such contract exceeds the thresholds specified in Article 11 of this Law, the contracting authority shall notify the Public Procurement Office of the termination of procurement procedure and request publication of a notice of termination in the Official Journal of the Office for Official Publications of the European Communities and in the supplement “Informaciniai pranešimai" (Information notices) to the official gazette “Valstybės žinios” and in the Central Portal of Public Procurement . Article
  14. Public Procurement Office
  15. Public Procurement Office is an institution operating under the Government of the Republic of Lithuania, which co-ordinates the activities of procurement, supervises compliance of procurement activities with this Law and the implementing legislation, is governed by this and other laws, legal acts and international obligations of the Republic of Lithuania and its own regulations and is financed from the State Budget. Regulations of the Public Procurement Office shall be subject to approval by the Government.
  16. Public Procurement Office shall fulfil the following functions: 1) according to its competence draft and/or adopt legal acts regulating procurement; 2) supervise the compliance during public procurement procedures with the Republic of Lithuania Law on Public Procurement and the requirements of related implementing legislation, carry out measures to prevent violations of the above laws; 4) provide methodological assistance, draw up recommendations necessary for implementing the Law on Public Procurement, lay down the guidelines; 5) collect, store and analyse information about public procurement, whether intended or in process, as well as about the awarded public contracts and the contract performance results, also establish the violations of public procurement procedure, the character of the violations and the related decisions and penalties. Communicate such information, except for the confidential information, to the state or local authorities and make public announcement thereof; 6) analyse and assess the procurement system and draw up proposals for its improvement; 7) organise the training of the contracting authorities’ civil servants or employees responsible for procurement and train the said persons; 8) offer consultations to contracting authorities and suppliers or make arrangements for their consulting on issues of procurement; 9) when deciding the issues of procurement, maintain contacts with the relevant foreign institutions and international organisations; 10) approve the simplified forms of procurement notices and specify the requirements for submitting notices; 11) approve the methods of calculating the estimated contract value; 12) approve standard forms of procurement reports and set the requirements for submitting the reports; 13) prepare and submit to the Commission of the European Communities, within the time limits and in the form set by the Commission, annual statistics on procurement of supplies, services and works as well as any other information that may be requested; 14) forward the notices of the contracting authority to the Office of Official Publications of the European Communities for publication as well as ensure publication of the notices and other relevant information submitted by the contracting authorities; 15) present to the Commission of the European Communities information specified in Article 124 of this Law about the violations of EU law; 16) transmit to the Commission of the European Communities a request for reconciliation referred to in Article 125 of this Law; 17) administer the central portal of public procurement; 18) assess the suppliers’ appeals concerning the procurement conditions indicated the contracting authorities in the contract documents; 19) other functions prescribed by other legal acts
  17. Rights of the Public Procurement Office: 1) to be provided by the contracting authority with information relating to procurement; 2) to be provided by the contracting authority, Public Procurement Commission or its members as well as experts taking part in procurement procedures explications of procurement-related actions or decisions; 3) to present contract documents and tenders submitted by suppliers for additional expert examination; 4) upon receipt of a notification about possible violations, to obligate the contracting authority, based on the criteria of reasonableness and fairness, to suspend procurement procedures, while upon establishing violations of law to obligate the contracting authority to terminate procurement procedures, to revoke or change the decisions or actions, which are not in conformity with the requirements of this Law; 5) in the cases established in this Law to give consent to the contracting authority to reject all tenders, terminate procurement procedures as well as, upon the receipt of the supplier's claim, make a decision not to suspend procurement procedures; 6) to take an administrative action in the manner prescribed by law against the persons who violate this Law; 7) upon establishing violations of the Law or possible manifestations of corruption to refer the material to law enforcement institutions for further investigation. Article
  18. Calculating the Value of Intended Public contract
  19. The value of the intended public contract shall be the value of the intended public contracts to be awarded by the contracting authority calculated based on the total amount payable, net of VAT, including any form of option and any renewals of the contract. Where the contracting authority provides for prizes and/or payments to candidates or tenderers it shall take them into account when calculating the estimated value of the contract. The value of public supply contracts shall be estimated at the beginning of the procurement procedure referred to in Article 7
(1)of this Law.
  1. Contracting authorities may not split up the value of the contract with the intention of avoiding the application of the procurement procedure set forth in this Law.
  2. The choice of the method for calculating a contract may not be done with the intention of excluding them from the scope of this Law.
  3. The value of the intended public contracts for supplies or services shall be calculated by applying the methods of calculating the contract value of supplies or services approved by the Public Procurement Office.
  4. In the event the public supplies or services contract is awarded once in the current fiscal year or within 12 months from the start of the procurement without the possibility of extension, then the value of the procurement shall be the estimated value of the contract intended to award.
  5. In the case of supply or service contracts which are regular in nature (i.e., several contracts within 12 months) or which are to be renewed within a given period, the contract value shall be calculated in one of the following ways: 1) the contract value of the intended procurement shall be the actual value of similar public contracts defined in the methods for calculating the value of public contracts for supplies or services, approved by the Public Procurement Office, and awarded during the preceding fiscal year or the preceding 12 months, adjusted (if possible) to take account of the changes in quantity or value which would occur in the course of the 12 months following the initial contract; 2) or the contract value of the intended procurement is the estimated aggregate value of the similar public contracts for supplies or services, awarded during the 12 months following the first delivery, or during the contract period if that is longer than 12 months.
  6. In case of public supplies and service contracts the estimated value of the intended public contract shall be the aggregate value of the supplies and services irrespective of their share of public contract. The estimated value shall also include the value of siting and installation of goods supplied under the contract.
  7. The value of supplies or services which are not necessary for the performance of a particular works contract may not be added to the value of the works contract when to do so would result in removing the procurement of those supplies or services from the scope of the law applicable to the procurement of supplies or services of certain value.
  8. Where the intended supply contract provides for a possibility of extension (option), the basis for calculating the estimated contract value shall be the highest possible total of the purchase, inclusive of the option clauses.
  9. In the case of contracts for the lease, rental or hire purchase, with or without option to buy, of products, the estimated contract value shall be calculated as follows: 1) in the case of fixed-term contracts, if that term is less than or equal to 12 months, the total estimated value for the term of the contract or, if the term of the contract is greater than 12 months, the total value of the intended contract, including the estimated residual value (value at which the goods are bought); 2) in the case of contracts without a fixed term or whose term cannot be defined, the monthly value of the contract multiplied by
  11. For the purposes of calculating the estimated contract value for services, the contracting authority shall take account of the following: 1) of the premium or any other remuneration payable, in the case of insurance services, 2) as regards banking or other financial services, of fees, commissions and interest as well as other forms of remuneration payable into the bank, 3) of estimated value of services, where the public services contract is awarded to the winner of the design contest, including all prizes and/or payments to tenderers; 4) of the aggregate value of prizes or other payments payable to the winners or tenderers where service contracts are awarded after design contests, including the estimated contract value for services which may be alter awarded by negotiated procedure without publication of a contract notice according to Article 56
(3)of this Law, except in cases where the contracting authority indicates in the contract notice that such public contract will not be awarded.
  1. In the case of contracts not specifying the total price (i.e., specifying only pricing rules), the estimated contract value shall be calculated on the basis of: 1) in the case of fixed-term contracts, where their term is 48 months or less, the total contract value; 2) in the case of contracts of indefinite duration or with a term of more than 48 months, the monthly value of the contract multiplied by
  3. When calculating the value of public works contracts, account shall be taken of the estimated value both of the execution of the works and design (where the works are both executed and designed), and the supplies needed to carry out the works and made available to the contractor by the contracting authorities.
  4. Where the supplies, works and services of the same type are procured by awarding several contracts at the same time in the form of separate lots , the value of the procurement shall be the total estimated value of these several contracts calculated in compliance with the provisions of this Article. The value of procurement so calculated shall apply for all lots. Whether or not this total amount is equal to or greater than the applicable international threshold, the contracting authority may apply the provisions of the procedure laid down in Chapter IV of this Law to any lots, where the value of any of the lots, VAT excluded, is up to LTL 276,225 (EUR 80,000), in the case of contracts for services or similar contracts, or LTL 3,452,816 (EUR 1,000,000) in the case of works contracts, if the total value of the lots is up to 20% of the total value of the contract.
  5. With regard to framework agreements and dynamic purchasing systems, the value to be taken into consideration shall be the maximum estimated value net of VAT of all the contracts envisaged for the term of the framework agreement or the dynamic purchasing system. Article
  6. Excluded Contracts
  7. The following contracts shall be exempt from the application of this Law: 1) public contracts related to state secrets as they are defined by laws, or official secrets established by law where supply of products or services or performance of works must be accompanied by special security measures in accordance with the laws or regulations adopted by the Government of the Republic of Lithuania or when the protection of the basic interests of the state security or the confidential information of foreign states, the EU or international organisations that has been transmitted to the Republic of Lithuania so requires. The procedure for awarding contracts of the type shall be set by the Government of Lithuania pursuant to the basic provisions of this and other Laws, the international treaties of the Republic of Lithuania and the underlying and implementing decisions of international organisations, the basic provisions of the EU legal acts which ensure protection of state or official secrets as well as other interests of the state; 2) contracts awarded pursuant to other rules and for other purposes according to an international agreement concluded in conformity with the EC Treaty between Lithuania and one or more third countries, which are not EU members, and covering supplies, works, services intended for the implementation or exploitation of a project by the signatory states; all agreements shall be communicated to the Commission; 3) contracts awarded according to procedural rules set by another Member State the application of which has been agreed in the contract concluded by the contracting authority and the authority of the said state with respect to supplies, works, services intended for the implementation or use of the common project of the signatory states; 4) contracts awarded by the Lithuanian Army units stationed in foreign states under international agreements. The procedure for awarding contracts of this type shall laid down by the Government of the Republic of Lithuania; 5) contracts awarded pursuant to the particular procedure of an international organisation; 6) procurement or lease of land, existing buildings or other immovables, or acquisition of the title thereto, except for the procurement of financial services related to the above public contracts - financial services shall be procured subject to the requirements this Law. The procedure of procurement or lease of land, existing buildings or other immovables, or acquisition of the title thereto shall be established by the Government; 7) public contracts the principal purpose of which is to provide the contracting authorities a possibility to provide and operate electronic communications networks or to provide to the public one or more electronic communications services. As used in this subparagraph the terms “public communications network” and “electronic communications service” and the relating terms “network termination point” and “public electronic communications service” shall have the meaning indicated in the Law of the Republic of Lithuania on Electronic Communications; 8) contracts awarded pursuant to Article 296 of the EC Treaty. The procedure of procurement under the above provisions as well as the procedures of compensation in the event of purchasing of arms, munitions, explosives or other military supplies shall be set forth by the Government of the Republic of Lithuania.
  8. In case of public services contracts, the following service contracts shall be excluded form the scope of this Law: 1) employment contracts; 2) contracts for financial services connected with monetary, exchange rate, state debt management, treasury agency, foreign stocks management policies as well as financial services in other activities in connection with the creation, issue, purchase, sale, assignment or transfer of securities and other financial instruments; 3) contracts for services provided by the Bank of Lithuania; 4) contracts for financial services provided by international financial institutions; 5) contracts for services of arbitration and reconciliation; 6) contracts for the acquisition of time for radio and television programme development, preparation for broadcasting, broadcasting of already developed radio and television broadcasts where the procurement is performed by the procuring authority specified in subparagraphs 1, 2 and 3 of paragraph 1 of Article 4 of this Law. The above procurement procedure shall be laid down by the Government of the Republic of Lithuania; 7) contracts for research and development services, except for those research and development services the benefit from which is used solely for business needs of the contracting authority and which are fully paid for by the contracting authority; 8) public service contracts awarded by another contracting authority, which enjoys the relevant exclusive rights, granted under the appropriate legal act in line with the EU requirements.
  9. The requirements of this Law shall not be applicable with respect to the following contracts awarded by the contracting authorities operating in the water, energy, transport and 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 such activities which are carried out in a third country and do not involve the physical use of networks and geographical area of the EU member states; 2) contracts awarded for the purpose of resale or lease of the procurement object to the 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) contracts awarded for the purpose of acquiring products, services or works to affiliated undertakings or when the products, services or works are acquired by an undertaking established by several contracting authorities for the purpose of carrying out activities specified in paragraph 2 of and Article 70 of this Law, from one of the undertakings affiliated with the contracting authorities which established the undertaking. In both cases referred to above the requirements of the law shall not be applied only provided that at least 80% of the average turnover of that undertaking for the preceding three years derives from the provision of such services by affiliated undertakings (where the undertaking has operated for less than 3 years, it is sufficient to indicate that the turnover is probable taking into account business plans). Where more than one undertaking affiliated with the contracting authority provides the same service or similar services, supplies products or performs works, the total turnover of all those undertakings deriving from the provision of services, supply of products or performance of works by those undertakings shall be taken into account; 4) contracts awarded by the undertaking established by several contacting authorities for the purpose of carrying out activities specified in paragraph 2 of and Article 70 of this Law to one of the contracting authorities which established it or where public contracts are awarded to the undertaking by the contracting authority which established it if the undertaking is established for the purpose of performing the appropriate activity for the period of at least 3 years and it is indicated in the articles of association of the undertaking that the contracting authorities which established it shall be members of the legal person for at least the same period. 5) contracts which contracting authorities engaged in the water management sector award for the purchase of water for production or supply of drinking water; 6) contracts which contracting authorities engaged in the energy sector award for the purchase of energy or fuel for the production of electricity or heat. The procedure for awarding contracts of this type shall be set forth by the Government of the Republic of Lithuania; 7) contracts awarded by the undertaking providing bus transport 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) contracts awarded by the undertaking engaged in the water management sector, in the energy sector, transport or portal services sector, provided the Commission of the European Communities published 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.
  10. An affiliated undertaking means any undertaking the annual accounts of which are consolidated with those of the contracting authority, or, where the annual accounts of the undertaking are not consolidated with those of the contracting authority pursuant to the laws of the Republic of Lithuania, any other undertaking directly or indirectly dependent on the contracting authority or undertaking over which any other undertaking may exercise, directly or indirectly, a dominant influence or which may exercise a dominant influence over the contracting authority or which, in common with the contracting authority, is subject to the dominant influence of another undertaking by virtue of ownership, financial participation, or the rules which govern it.
  11. The contracting authority shall, upon the request of the Commission of the European Communities, notify it of any activities or product categories with respect to which the provisions of subparagraphs 1 and 2 of paragraph 3 of this Article are applied and in the cases specified in subparagraphs 3 and 4 of paragraph 3 of this Article submit to the Commission of the European Communities information about the public contracts awarded to affiliated undertakings, indicating the names of the affiliated undertakings, the subject and value of contracts awarded for the purpose of acquiring products, services or works as well as the substantiation of relations with the undertaking to which the contract is awarded, meeting the requirements of subparagraphs 3 and 4 of paragraph 3 of this Article. Article
  12. International Threshold Values
  13. The international threshold values net of VAT are fixed to be as follows: 1) LTL 535,883 (EUR 154,000) for public supply and service contracts, except those referred to in subparagraph 4 of this paragraph, awarded or design contest carried out by contracting authorities which are on the list of contracting authorities belonging to the central state administration system, approved by the Government of the Republic of Lithuania or an institution authorised by it, whereas when contracts are awarded by the national defence authorities that are on the above list, this threshold value shall apply only to contracts involving products covered by the list of products approved by the Government of the Republic of Lithuania; 2) LTL 821,223 (EUR 236,000) when contracts for procurement of goods that are not on the list of goods approved by the Government of the Republic of Lithuania are awarded by defence authorities, which are on the list of contracting authorities belonging to the central state administration system, approved by the Government of the Republic of Lithuania or an institution authorised by it; 3) LTL 821,223 (EUR 236,000) where supplies and services are procured by contracting authorities other than those listed in the list of contracting authorities belonging to the central state administration system approved by the Government of the Republic of Lithuania or an institution authorised by it; 4) LTL 821,223 (EUR 236,000) where the public contract concerns telecommunications services of category 5 (CPV codes 7524, 7525 and 7526) and research and development services of category 8 as listed in the list of A-type services in Annex II, and such contracts are awarded or design contests are carried out by all types of contracting authorities; 5) LTL 20,610,000 (EUR 5,923,000) for public works contracts.
  14. The international threshold values net of VAT for the contracts awarded by contracting authorities operating the water, energy, transport or postal services sectors shall be as follows: 1) LTL 1,645,926 (EUR 473,000) where public supplies or services contract are awarded or the design contest is carried out; 2) LTL 20,610,618 (EUR 5,923,000) for works contracts.
  15. After the European Commission revises the international threshold values specified in paragraphs 1 and 2 of this Article and publishes them in the Official Journal of the contracting authority shall comply with them when awarding contracts for purchasing goods, services or works. The Public Procurement Office may also publish information on the revised threshold values in "Informaciniai praneðimai" (information supplement to "Valstybës žinios") and in the Central portal of public procurement. Article
  16. Peculiarities of Public Contracts
  17. Public contracts other than those referred to in paragraphs 2 and 9 of this Article, the value whereof is equal to or greater than the international thresholds specified in this Law, Article 11
(1), shall be subject to the procurement rules set forth in Chapter II of this Law. 2. Contracts of the value equal to or greater than the international thresholds specified in Article 11
(2)and awarded by the contracting authorities operating in the water, energy, transport or postal services sectors shall be subject to the procurement rules set forth in Chapter III of this Law as well as those set forth in Chapters I and II to the extent they are not contrary to those set in Chapter III.
  1. Where the contracting authority subsidises directly more than 50% of a works contract on the list in the Annex I to this Law, or a work contract relating to construction of hospitals and other health care institutions, facilities intended for sports, recreation and leisure, school and university buildings and buildings used for administrative purposes, it shall follow the provisions of this Law when procuring all works necessary for construction of the object concerned. The requirement shall be applied regardless of the contract value.
  2. Where the contracting authority subsidises directly more than 50% of an individual contract concerning services that are procured in relation to the works contracts referred to in paragraph 3 above, then all such services contracts shall be awarded subject to the provisions of 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 be applied regardless of the contract value.
  3. Where the procurement can also be subject to the provisions of Chapter II and Chapter III of this Law, whereas the object of procurement cannot be split up, then such procurement shall be subject to the provisions of Chapter II or Chapter III of this Law, depending on the basic purpose of procurement objective. The contracting authority shall comply with the said requirement regardless of whether one or several public contracts are awarded. NERA DRAUDIMO?
  4. Where the procurement can be subject to the provisions contained I, Chapters II and III if this Law, while it is not possible to determine, in an objective manner, which is the principal sphere of application of the object of procurement, the procurement shall be subject to the provisions contained in Chapter II of this Law.
  5. Where any lot of the procurement is subject to the provisions contained in Chapter III of this Law, while it is not possible to determine, in an objective manner, the provisions of which Chapter - II or III - should apply with respect to the remaining lots of the contract, such procurement shall be subject to the rules set forth in Chapter III.
  6. Where any lot of the procurement is subject to the provisions contained in Chapter III of this Law, while it is not possible to determine, in an objective manner, the provisions of which Chapter - II or III - should apply with respect to the remaining lots of the contract, such procurement shall be subject to the rules set forth in Chapter III.
  7. The peculiarities of public contracts the value whereof is below the established international thresholds, as well as the public contracts referred to in this Law, Article 9
(14)shall be specified in Chapter IV of this Law.
  1. The peculiarities of public contracts for the procurement of B-type services listed in Annex II to this Law shall be specified in Chapter IV.
  2. Where B-type services listed in Annex II to this Law are procured together with A-type services listed in the same Annex II, and the value of such services exceeds the threshold fixed for 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 – provisions of paragraphs 8 and 9 of this Article.
  3. Contracts whereby the concession is granted to the supplier shall be subject to the Law of the Republic of Lithuania on Concessions. Article
  4. Reserved Contracts The contracting authority may set terms in contract documents providing for such contracts to be performed by social undertakings of the handicapped as well as undertakings and organisations in which not less than one half of the employees are handicapped or to provide for such contracts to be performed in the context of sheltered employment programmes where most of the employees concerned are handicapped persons. The contract notice shall make reference to this provision. Article
  5. Authorising another Contracting Authority to Award a Public Contract
  6. 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 shall formulate the tasks for the authorised entity and give 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.
  7. The responsibility for the tasks assigned 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 contract. Article
  8. Centralised Purchasing
  9. The contracting authority may also acquire supplies, services or works from the central purchasing body or through it.
  10. The 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 the municipal council. Article
  11. Procurement Commission
  12. For arranging and executing procurement, the contracting authority must, or, if the usual commercial procedure is followed, may appoint the Public Procurement Commission (hereinafter - Commission), set its tasks and grant it the powers required for the fulfilment of said tasks. Should the contracting authority decide to authorise another contracting authority to perform these acts for it, these acts shall be performed by the authorised entity. The Commission shall work according to the work regulations approved by the founder, shall be responsible to the founder, and shall execute only the tasks or assignments of the founder that are given in writing. The contracting authority, which forms the Commission, shall be liable for its actions.
  13. The Commission shall be formed on the instruction (order) of the contracting authority of at least 3 natural persons. The members of the Commission may also be employed on a contract basis. The head of the body, which formed the Commission or the person, authorised by him or the person employed in the body subordinate to it shall be appointed Chairperson of the Commission. When appointing the Commission members, regard must be had to their knowledge in the area of economics, technology, and legislation as well as their cognisance of this Law and other legal acts regulating public procurement. Only persons with impeccable reputation may be the Chairperson of the Commission commission members. The entity, which forms the Commission, shall have the right invite experts for giving consultations on the issue requiring special knowledge or for evaluating the matter. The commission meetings and the adopted decisions shall be valid if attended by over a half of all the Commission members.
  14. The Commission shall function on behalf of the body, which formed it within the scope of the powers granted to it. The Commission shall function from the day of adoption of the decision concerning its formation until the fulfilment of all tasks given by the founding authority in writing, or until the decision to terminate the procurement is taken. The Commission shall adopt decisions at the meetings by a simple majority vote, voting by open ballot. In the event of a tie, the Chairperson of the Commission shall have a casting vote. The Commission’s decisions shall be recorded in the minutes. The minutes shall specify the reasons of the Commission's decision, give explanations and the separate opinion of each Commission member. The minutes shall be signed by all the members present at the Commission meeting.
  15. Except in cases prescribed by the legal acts of the Republic of Lithuania, the Commission members and the experts invited by the body, which formed the Commission, shall be prohibited from providing third persons with any information concerning the contents of the tenders submitted by suppliers.
  16. Every Commission member and expert may take part in the work of the Commission only upon signing the declaration of impartiality and the statement of confidentiality.
  17. Commission members and experts shall be held liable for their work under the laws of the Republic of Lithuania. Article
  18. Communication and Information Exchange
  19. All communication and information exchange between the contracting authority and suppliers may be performed by letter, by fax, by electronic means in accordance with paragraphs 4 to 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.
  20. 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 and of all information supplied by economic entities are preserved. It is also imperative to ensure that that the contracting authorities examine the content of tenders (the jury ascertains the contents of plans and projects) only after the expiration of the time limit for their submission.
  21. The means of communication chosen must be generally available (i.e., all suppliers can use them) and thus not restrict the suppliers’ access to the procurement procedures.
  22. 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.
  23. 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, shall be available to interested parties. Moreover, the devices for the electronic receipt of tenders and requests to participate shall conform to the requirements of paragraph 7 of this Article; 2) electronic tenders shall be accompanied by an advanced electronic signature in conformity with the requirements 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 or declarations referred to in Articles 33 to 38 of this Law if they do not exist in electronic form.
  24. In order to improve the level of certification services provided for electronic devices, voluntary arrangements for accreditation may be introduced and maintained.
  25. Devices for the electronic receipt of plans, requests for participation and plans and projects in contests must at least guarantee, through technical means, and appropriate procedures, that: 1) electronic signatures relating to tenders, requests to participate and the forwarding of plans and projects comply with national provisions adopted pursuant to Law of the Republic of Lithuania on Electronic Signature; 2) the exact time and date of the receipt of tenders, requests to participate and 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 these requirements; 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 contract award procedure or of the contest access to all data submitted, or to part thereof, must be possible only through simultaneous action by authorised persons; 7) simultaneous action by authorised persons must give access to data transmitted only 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.
  26. Requests for participation in procurement procedures may be filed in writing or submitted 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.
  27. Contracting authorities shall have the right to request that requests for participation in procurement procedures submitted by fax must be confirmed by post or by electronic means. Any such requirement, together with the deadline for sending confirmation by post or electronic means, must be stated by the contracting authority in the contract notice. Article
  28. Contract
  29. The contracting authority shall offer the contract of procurement to the tenderer whose tender is recognised as the successful tender based on the tender evaluation criteria specified in paragraph 4 of Article 39 of this Law, taking into account the requirements of Article 26 of this Law and whose tender has not been rejected by the contracting authority in accordance with the requirements set forth in Article 33 and 34, as well as qualification requirements, in accordance with economic and financial criteria, professional and technical knowledge of abilities specified in Articles 35 to 38 of this Law and, as necessary, upon carrying out the suppliers’ qualification selection applying non-discriminatory selection rules and criteria. Where only one supplier takes part in the negotiated procedure, the contract shall be awarded to such supplier, provided that he meets qualification requirements laid down by the contracting authority and his tender meets the requirements set by the contracting authority. The supplier shall be invited to conclude the contract by a written notice at the same time informing him that his tender has been recognised as the successful tender, or as the acceptable tender in case of the negotiated procedure with one supplier, and be indicated the date by which he is to arrive and conclude the public contract.
  30. 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 come 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 legal 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 event the contracting authority shall propose awarding the contract to the supplier whose tender in the descending order of tenders is next after that of the successful tenderer who refused the contract award.
  31. When awarding the public contract, the price given in the successful tender, as well as the contract terms and conditions specified the contract documents may not be altered.
  32. If the contract is awarded to a group of economic entities who submitted a tender under the joint activity agreement, the contracting authority may request that such group of economic entities acquire a certain legal form, where this is necessary in order to duly execute the public contract. The requirement for legal form may be set in the contract documents. If, when selecting the legal form, the contracting authority requests that the group of economic entities whose tender has been recognised as the successful tender establish a legal person, it shall award the contract to the legal person established by the economic entities. Having established a legal person, the economic entities shall provide a security for the obligations of the legal person established by them, relating to the performance of the contract. A notice to the effect shall also be made in the contract documents.
  33. After the award of the contract the contracting authority shall as soon as possible, but not later than within 3 working days dispatch a notice of the results of the award procedure to other tenderers.
  34. The contract shall cover the following items: 1) rights and obligations of the parties; 2) the object of the contract - supplies, services or works, and their exact quantities or scope (if possible); 3) the price or pricing rules set according to the methodology established by the Government of the Republic of Lithuania or a body authorised by it; 4) settlement and payment procedures; 5) deadlines for discharging obligations; 6) security for discharging obligations; 7) dispute settlement procedure; 8) procedure for termination of the contract; 9) the contract period; 10) in case of conclusion of a framework agreement – the provisions characteristic thereof; 11) the provision precluding the changing of the contract conditions during the contract period.
  35. The criteria for setting the time limits as well as the cases of concluding contracts for a period of over 3 years shall be established by the Government of the Republic of Lithuania.
  36. The contract of procurement shall be concluded in writing, except for the case specified in Article 119
(4)of this Law where the requirements of paragraph 6 of the Article shall not apply.
  1. The contract of procurement may not be concluded until the expiry of the time limits for the filing of the suppliers’ claims and complaints as set by this Law. Article
  2. Procurement Reports
  3. The contracting authority shall submit in writing to the Public Procurement Office a report on the procurement procedures regarding any contract awarded according to Chapters II, III and IV of this Law, including the cases where a framework agreement is signed or the dynamic purchasing system is applied. The report shall not be submitted when: contracts are awarded under the concluded framework agreement; contracts are awarded applying the usual commercial practice; contracts are awarded in accordance with the procedure established in Article 85 of this Law. The report shall include: 1) the name, address of the contracting authority, the object of the contract, framework agreement or dynamic purchasing system and the contract value; 2) when the negotiated procedure is selected - the reasons for choosing the method; 3) when the competitive dialogue procedure is selected - the reasons for choosing the method; 4) the names of the selected suppliers and successful tenderers and the reasons for their selection; 5) the names of the candidates and tenderers whose requests and tenders were rejected and the reasons for rejection; 6) the reasons for rejection of abnormally low tenders; 7) the name of the successful tenderer and motives for the selection of that tenderer; the share of the contract or framework agreement he may intend to subcontract to third parties and any proposed subcontractors, should such information be available to the contracting authority; 8) if the public contract was not awarded, or the framework agreement was not concluded or the dynamic purchasing system was not created - the reasons thereof; 9) other information prescribed by the Public Procurement Office.
  4. When the contract is awarded by electronic means the contracting authority must substantiate the performed procurement procedures by documents.
  5. The report shall be drafted and delivered to the Public Procurement Office within 14 days after the date of finalising the procurement procedures. The Public Procurement Office shall forward the relevant information to the Commission of the European Communities.
  6. The contracting authority shall within 14 days submit to the Public Procurement Office the procurement report. The contracting authority specified in subparagraphs 1, 2 and 3 of Article 4
(1)of this Law shall furnish reports about the contracts awarded in the course of the financial year when principal contracts are awarded under framework agreements and all contracts awarded following the usual commercial practice according to Article 85 of this Law. Reports shall be submitted within 30 days after the end of the reporting financial year.
  1. The contracting authority shall within 14 days submit to the Public Procurement Office a report about any executed or terminated contract, except for the contract awarded following the usual commercial practice or according to the procedure established in Article 85 of this Law.
  2. The report referred to in paragraph 1 of this Article shall be obligatory even if the public contract concerns B-type services listed in Annex II of this Law.
  3. The information specified in subparagraphs 1 to 4 of paragraph 1 of this Article, shall be furnished to any person at his request.
  4. The information specified in subparagraphs 5 to 9 of paragraph 1 of this Article shall be furnished to any candidate or tenderer at his request.
  5. The report on the procurement procedures and the procurement reports shall be drawn up and submitted using standard forms approved by and complying with the requirements set by the Public Procurement Office. The data given in the reports shall be entered in the computerised database.
  6. The report on the procurement procedures
  7. At the request of the Commission of the European Communities the Public Procurement Office may transfer to it the reports specified in this Article or the principal information presented in the reports. Article
  8. Statistical Report The Public Procurement Office shall every year not later than by 31 October submit to the Commission of the European Communities last year’s statistical reports on the awarded contracts for supplies, services or works drawn up according to the requirements of the Commission of the European Communities. Article
  9. Preservation of Documents The performed public contracts, requests, tenders, contract documents and documents relating to examination and evaluation of requests and tenders, other procurement related documents submitted in any manner, form and medium shall be preserved in the manner prescribed by the Law of the Republic of Lithuania on Documents and Archives but for not less than 4 years after the end of procurement. At the request of the Commission of the European Communities the documents shall be transmitted to it for the purpose of justifying the adopted decisions or submitting information. CHAPTER II CONTRACTS AWARDED BY STATE OR LOCAL AUTHORITIES, OTHER PUBLIC OR PRIVATE LEGAL PERSONS MEETING THE CONDITIONS OF ARTICLE 4
(2)OF THIS LAW, ASSOCIATIONS OF ONE OR SEVERAL STATE OR LOCAL AUTHORITIES AND(OR) OTHER PUBLIC OR PRIVATE LEGAL PERSONS MEETING THE CONDITIONS OF ARTICLE 4
(2)OF THIS LAW SECTION ONE GENERAL PROVISIONS Article
  1. Contract Notices
  2. The contracting authority shall publish a prior information notice of any planned procurement, including the procurement for which a framework agreement is to be awarded, in cases where the value of contract to be awarded 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 contract notices indicated in Articles 44, 46, 75 of this Law. The requirement shall not be applied when applying negotiated procedure without publication of a contract notice. The contracting authority shall publish prior information notices without delay at the beginning of the financial year in case of supplies and services contracts, and, in case of public works contracts, 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 contract notices, a pre-information notice of the intended contracts shall be published: 1) where value of a supply contract, including the framework agreement, to be awarded in the next 12 months, estimated according to the provisions of Article 9 of this Law, is LTL 2,589,600 (EUR 750,000) or more. In this contract notice the contracting authority shall make a reference to the CPV nomenclature; 2) where value of a services contract, including the framework agreement, to be awarded in the next 12 months, estimated according to the provisions of Article 9 of this Law, is LTL 2,589,600 (EUR 750,000) or more; 3) where value of a works contract, including the framework agreement, to be awarded in the next 12 months, estimated according to the provisions of Article 9 of this Law, taking into account the type of work, is LTL 20,610,618 (EUR 750,000) or more.
  3. In awarding public contracts for supplies, services or works or concluding a framework agreement by the open, restricted or negotiated procedure or by applying the competitive dialogue, also in a design contest or applying the dynamic purchasing system the contracting authority shall publish a separate contract notice and, in the award of a contract based on a dynamic purchasing system, publish a simplified contract notice in the dynamic purchasing system.
  4. The contracting authority which has awarded a public contract or concluded a framework agreement shall send a notice of the results of the award procedure as well as of the results of the design contest no later than 48 days after the award of the contract or the conclusion of the framework agreement or of the approval of the results of the design contest. In the case of the award of contracts on the basis of a framework agreement the contracting authority shall not be bound to send a notice of the results of the award procedure. Contracting authorities shall send a notice of the result of the award of contracts based on a dynamic purchasing system within 48 days of the award of each contract. They may, however, group such notices on a quarterly basis. In that case, they shall send the grouped notices within 48 days of the end of each quarter.
  5. In the case of public contracts for services listed in this Law, Annex II B, the contracting authorities shall indicate in the notice of the awarded contract or concluded framework agreement sent to the Public Procurement Office whether they agree to its publication.
  6. Certain information on the 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.
  7. The information to be presented in the notices and standard forms for the publication of notices in the framework of public procurement procedures shall be established in the 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. Article
  8. Preparation and Publication of Notices
  9. Notices (prior information notices, contract notices, contract award notices or design contest reports ) shall be published in the Official Journal of the European Communities, as well as in "Informaciniai pranešimai" (information supplement to the official gazette "Valstybës žinios") and announced in the Central Portal of Public Procurement. Prior information notices may be published by the contracting authorities on the Internet 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 Commission of the European Communities a notification of their intent to announce the notice in such a form. Date of dispatch of the notice to the Commission of the European Communities shall be indicated in the notice published on the “buyer profile”.
  10. In addition, contracting authorities may publish contract notices in publications or websites other than those specified in paragraph 1 above.
  11. The contracting authority shall submit to the Public Procurement Office all notices to be published in the publications specified in paragraph 1 above and to be announced in the Central Portal of Public Procurement. The Public Procurement Office shall forward all notices conforming to the requirements of this Law for publication in the journals referred to in paragraph 1 above within 3 working days after receipt thereof, announce in the Central Portal of Public Procurement and inform the contracting authority concerned in writing about the date and means of dispatch. The date of dispatch so established shall serve as the starting date for calculation of time limits for sending all notices (except for public contracts subject to Chapter IV of this Law), and as the PIN dispatch date of all public contracts. The contracting authority must keep the documents confirming the dispatch of notices specified in this Article at the fixed date.
  12. Notices shall be submitted in the manner specified by the Public Procurement Office.
  13. 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 Communities. They shall indicate the date of the dispatch of the notices to the Office of Official Publications of the European Communities. The same notices published in different publications shall contain the same information.
  14. The content of notices not sent by electronic means shall be limited to approximately 650 words.
  15. The contracting authority shall send notices by electronic means in accordance with the format established by the Commission of the European Communities or by other means. In case of urgency, notices must be send by fax or by electronic means.
  16. Contract notices shall be published in an official language of the Community as chosen by the contracting authority (this publication of the notice shall be considered as the authentic text). The Office of Official Publications of the European Communities shall also prepare and publish a summary of the principal elements of every notice in any other official language of the European Union. The costs of publication of notices by the Commission of the European Communities shall be covered by the Community. The costs of publications announced by the State Enterprise Seimas Publishing House “Valstybės žinios” shall be covered by the contracting authority.
  17. The contracting authority shall also publish notices of public contracts the value whereof at the time of publication is below the international thresholds. Article
  18. Contract documents
  19. In contract documents the contracting authority shall give comprehensive information about the contract conditions and award procedures with the exception of the cases laid down in this Law.
  20. The contract documents shall include: 1) instructions to suppliers (how to draw up tenders); 2) supplier qualification requirements, including qualification requirements for a group of individual suppliers who submitted one tender, or a group of suppliers acting under a joint activity agreement; 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) documents required to prove supplier qualifications; 5) the requirement to submit the supplier’s declaration in the form established by the institution authorised by the Government of the Republic of Lithuania to the effect that he has not given and does not intend to give the state employees (personnel) of the contracting authority any money or presents, has not rendered them any services or other remuneration for the conditions provided or not provided in relation to the actions favourable for the award of contracts; 6) indication of the products, services or works concerned, amounts, the nature of services incidental to the main public supplies contract, time limits for delivery of products, rendering of services and performance of works; 7) technical specifications; 8) tender evaluation criteria and conditions; 9) terms and conditions of the contract proposed to the parties by the contracting authority, and a draft contract (if available); 10) indication if variants are allowed and minimum requirements to the variants; 11) indication of the possibility of tendering for one, for several or for all the lots, as well as description of such lots; 12) information about price calculation and the manner of indication thereof in the tenders. The price shall include all relevant taxes; 13) tender security (where required) and contract performance security requirements; 14) deadline, place and manner for receipt of tenders; 15) ways how the suppliers may request clarification of the contract documents and where to obtain information about the meeting of the contracting authority with suppliers (if any), also ways in which the contracting authority may on its own initiative clarify (revise) contract documents (without changing the subject matter of the announced information and presenting the clarification (revision) to all suppliers to whom the contracting authority has presented contract documents); 16) the date until which the tender shall be valid or required tender validity period; 17) place, date and exact time fixed for the opening of tenders; 18) tender opening and tender evaluation procedures; 19) information that the prices offered will be in Litas. If the prices are quoted in foreign currency, they will be converted into Litas at the exchange rate fixed 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 state employees or personnel of the contracting authority, or members of the Commission (one or several) authorised to keep in touch with the suppliers and obtain from them, without any mediators, information regarding the procurement procedures; 21) any other requirements set by the Public Procurement Office under this Law or other procurement legislation; 22) reference to the PIN published in the official gazette “Valstybes žinios” (supplement “Informaciniai pranešimai”) and the Official Journal of the EU, other publications and the Internet in case of the publication of a prior information notice.
  21. It may be required in the contract documents that the candidate or tenderer specify any proposed subcontractors and the share of the contract he may intend to subcontract. The said reference shall not affect the supplier’s responsibility for the performance of the contract the award whereof is intended.
  22. Contracting authorities may lay down special conditions for the performance of a contract, relating to social and environmental requirements, provided that these are compatible with Community law.
  23. The contracting authority may indicate in the 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 requirements which are in force in the country or the place of performance of a public contract and which shall apply with respect to the works performed or services provided during the performance of the contract. In such 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.
  24. Prior information notices and contract notices shall be a constituent part of the 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 other documents.
  25. The contracting authority shall draft contract documents in compliance with the provisions of this Law. The contract documents shall be precise, clear, without ambiguities so that that the suppliers could submit ternders and the contracting authority purchase what it needs. 8.. Contract documents shall be drawn up in Lithuanian. In addition, contract documents may also be drawn up in other languages. Article
  26. Technical Specification
  27. Supplies, services or works in procurement shall be described in technical specifications contained in contract documents. Certain definitions of technical specifications shall be given in Annex 3 to 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.
  28. Technical specifications must ensure competition and be non-discriminatory with respect to suppliers.
  29. Without prejudice to mandatory national technical rules, to the extent that they are compatible with Community law, the technical specifications may be formulated by any of the following methods or their combination: 1) either by reference to standards, technical certificate or general technical specifications in order of preference, to national standards transposing European standards, European technical approvals, common technical specifications, international standards, 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) or in terms of performance or functional requirements. Functional requirements may include environmental characteristics. However, 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 products, services or works; 3) to the object of procurement 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) or by reference to technical specifications of certain characteristics of procurement objects as mentioned in subparagraph 1or in terms of performance or functional requirements as mentioned in subparagraph
  31. Where a contracting authority makes use of the option of referring to the specifications mentioned in subparagraph 1 of paragraph 3, it cannot reject a tender on the grounds that the products and services tendered for do not comply with the 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.
  32. Where a contracting authority uses the option laid down in paragraph 3 to prescribe in terms of performance or functional requirements, it may not reject a tender for works, products or services 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 it 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 work, product or service in compliance with the standard meets the performance or functional requirements of the contracting authority.
  33. 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 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 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.
  34. 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. Notified bodies are test and calibration laboratories, and certification and inspection bodies, which comply with applicable European standards. A contracting authority shall accept conformity certificates from notified bodies established in the EU Member States.
  35. Unless justified by the subject-matter of the contract, technical specifications shall 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 reference shall be accompanied by the words "or equivalent". Article
  36. Variants
  37. The contracting authority shall indicate in the contract notice whether or not it authorises variants. Variants shall be allowed only where the criterion for the award of the contract is that of the most economically advantageous tender. Only variants meeting the minimum requirements laid down by the contracting authority shall be taken into consideration.
  38. The contracting authority shall state in the contract documents the minimum specifications to be respected by the variants and any specific requirements for their presentation.
  39. In the procedures for awarding public supplies or services contracts, the contracting authority which has admitted variants, may not reject a variant on the sole ground that it would lead to a service contract rather than a public supplies contract or vice versa. Article
  40. Providing Contract Documents
  41. The contracting authority may provide the supplier with contract documents: 1) upon supplier’s request; 2) together with the invitation to tender; 3) by placing on the Internet or using other electronic means.
  42. The contracting authority must provide the suppliers with the contract documents immediately but not later than within 6 days after the receipt of the request for provision with contract documents if the request is submitted in due time no later than 6 days before the deadline fixed for submitting tenders. If, on the basis of Article 40
(5)or Article 48
(5)(cases of urgency), the contracting authority reduces the time limits fixed for receipt of requests and tenders, the time limit for providing with contract documents and the time limit for the suppliers' request for contract documents shall be reduced to 4 days it the request is provided in due time.
  1. The contracting authority may, in reply to the supplier’s request, send at the same time explanations to all other suppliers whom it has provided with contract documents, not specifying however from whom it has received the request to present an explanation.
  2. Before the expiry of the time limit for the submission of tenders the contracting authority may at its own initiative explain (fine-tune) the contract documents whereas the published information shall be specified by fine-tuning the notice.
  3. If the contracting authority prepares a meeting with the suppliers it shall draw up a record of the meeting. All questions relating to the contract documents put during the meeting as well as answers to them shall be put down in the record. The record shall be dispatched to all suppliers who take part in the procurement procedures.
  4. 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 despatch of a contract notice or invitation to tender provides the suppliers with the contract documents by electronic means directly and free of charge.
  5. The contracting authority may not provide the contract documents before the contract notice is published as specified in Article 23
(3). When providing the contract documents, the contracting authority shall observe the principles of equality and non-discrimination of suppliers.
  1. The contracting authority may fix for all suppliers a single rate fee payable for the contract documents. The fee shall consist of the actual costs of copying and sending of the documents to the suppliers. An additional fee may be charged for translation of documents into a foreign language. This fee shall consist of the translation costs. Article
  2. Submission of Requests and Tenders
  3. The contracting authority shall specify the deadline for submission of requests or tenders by indicating in the contract documents the date and the hour. In the event a tender is received after the specified date and hour, it shall be returned to the supplier unopened. The envelope with the tender shall also be returned is submitted in an unsealed and unstamped envelope.
  4. The minimum time limits for the receipt of requests or tenders shall be counted (except for the public contracts subject to Chapter IV of this Law) from the date when the contract notice was dispatched from the Public Procurement Office to a special publication of the Office of Official Publications of the European Communities or to the official gazette “Valstybes žinios” (supplement “Informaciniai praneðimai”) or the date of dispatch of the invitations to candidates.
  5. All minimum time-limits for the receipt of requests or tenders fixed by the contracting authority may not be shorter than those set in Articles 44, 46, 52 or 75 of this Law, and shall be sufficiently long to give interested parties reasonable time for drawing up and submitting their tenders. When fixing these time limits, the contracting authority shall take account of the complexity of the public procurement and the time required for drawing up requests and tenders.
  6. If, for whatever reason, the contract documents or parts thereof, although requested in good time, have not been supplied within the time-limits fixed in Article 27 of this Law, or where it transpires after the submission of 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 shall extend the time-limits for the receipt of tenders so that all suppliers concerned are aware of all the information needed to produce a tender and notify thereof by fine-tuning the notice.
  7. The contracting authority shall indicate in the contract documents, that the request or tender has to be submitted in writing and duly signed by the supplier or a person authorised by the supplier. It shall also request to submit the tenders in sealed and stamped envelopes. If the contracting authority intends to choose the most economically advantageous tender, in the contract documents it shall request the suppliers to submit two sealed and stamped 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 shall be put into another sealed and stamped envelope. The pages of the tender (with supplements) must be numbered and bound, and endorsed by the supplier’s signature and seal on the backside of the last page. Only the tender security documents may be presented loose and not numbered. The requirement to submit the tender or parts thereof in envelopes and to submit the tender bound shall not be applicable if the contracting authority accepts tenders transmitted using the electronic means.
  8. 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 and by competitive dialogue. The contracting authority shall indicate in the contract documents that tenders should be submitted in a sealed and stamped envelope.
  9. The requests and tenders may be dispatched by electronic means in compliance with the requirements set in a 17 of this Law.
  10. Upon the supplier's request, the contracting authority shall furnish a confirmation of the receipt of the supplier’s request or tender by specifying the date and time of receipt.
  11. The supplier may submit only one tender and where the contract is divided into lots each for each one of which a contract is intended to be awarded, the supplier shall submit to the contracting authority a tender for each lot except in cases where variants are allowed in the contract documents. Article
  12. Tender Validity Period. Modifying and Revoking Tenders
  13. 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.
  14. 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 the tender security.
  15. 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 guarantee to secure the tender, then it shall be deemed that such supplier rejected the request of the contracting authority.
  16. At any time before the deadline for receipt of tenders the supplier may modify or revoke his tender without loosing the right to the security of his tender. Any such modification or notification about the tender being revoked shall be deemed valid, if the contracting authority received such notification before the deadline fixed for the receipt of tenders. Article
  17. Tender Security and Security for the Performance of the Contract
  18. The contracting authority may request that the effectiveness of tenders, and the performance of the contract be guaranteed by the security for the performance of obligations, established by the Civil Code of the Republic of Lithuania.
  19. The contracting authority may not reject the tender security or the security for the performance of the contract on the grounds that the security was issued not 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.
  20. Prior to submitting a tender, a supplier may request the contracting authority to confirm that it finds the proposed tender security acceptable. In such case the contracting authority shall respond to the supplier’s request within 3 working days from the receipt of the request. Such confirmation shall not preclude the contracting authority from rejecting the tender security upon receipt of information that the issuer has become insolvent or defaulted on its obligations to the contracting authority or other economic entities, or otherwise lacks creditworthiness. Article
  21. Opening of Tenders
  22. Tenders shall be opened at the meeting of the Procurement Commission. The meeting shall be held at the place and tenders shall be opened on the day, at the hour 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 must coincide with the deadline for receipt of tenders. The change of the deadline for receipt of tenders shall result in the change of the date for opening tenders. At the fixed time, the Commission shall open all tenders received within the time limits fixed for their submission. All suppliers who 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 negotiated procedure with or without publication of a contract notice.
  23. If the contracting authority chose to evaluate tenders as the most economically advantageous tenders, the tenders (except in cases of contract award by negotiated procedure and competitive dialogue) shall be opened at two meetings of the Procurement Commission. The envelopes containing technical offer and other information shall be opened during the first, and envelopes with the price offers - during the second meeting of the Commission. The second meeting may take place only after the contracting authority verifies the compliance with the technical and qualification requirements against the levels fixed in the contract documents, and assesses the technical merits of the tenders and, in cases specified in this Law, the qualification of suppliers. The contracting authority shall communicate in writing the results of such verification and assessment to all suppliers concerned, indicating the time and place of the second meeting Commission. Where the contracting authority, upon verifying and assessing the data submitted by the supplier in the first envelope, rejects the 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.
  24. Envelopes shall be opened by one member of the Commission in the presence of the suppliers who submitted their tenders or their representatives. Envelopes shall be opened even if the supplier or its representative is not present at the meeting.
  25. After opening of the envelope, all members of the Commission present at the meeting shall sign on the backside of the last page of the tender. The above provision shall not be applied if the tender is submitted by electronic means.
  26. The outcomes of the opening procedure and initial examination of the tender submitted by electronic means shall be recorded into the minutes of the meeting, the compulsory prerequisites whereof shall be defined by the Public Procurement Office.
  27. During the procedure of opening envelopes with technical data of the tender, the Commission shall announce the company name of the supplier and the main technical data of the tender and whether or not the tender security has been presented (if requested) to all the suppliers or their representatives present in the meeting. Should at least one supplier or its representative request so, the Commission shall announce all technical data of the tender that will be taken into account when evaluating the tenders.
  28. During the procedure of opening of envelopes with price offers, the Commission shall announce the company name of the supplier and the price offered to all the suppliers or their representatives present in the meeting. In case the contract price expressed in figures does not correspond to the price expressed in words, the price given in words shall be deemed correct.
  29. Where the tender is evaluated on the basis of the lowest price criterion the suppliers or their representatives in whose presence the tender is opened shall be announced the name of the supplier who submitted the tender, the price stated in the tender, as well as notified whether the tender security ahs been presented (where required).
  30. Where the contract consists of several lots, the suppliers or their representatives participating in the tender opening procedure shall be announced the price of every lot. The prices shall be recorded in the minutes of the sitting at which envelopes with prices are opened.
  31. During the opening of tenders the Commission may allow the interested suppliers or their authorised representatives, participating in the sitting, to remove the shortcomings of the binding or execution of the tenders.
  32. The information announced during the envelope opening procedures shall be communicated in writing to all suppliers concerned who were not present, if they request so. Each supplier or its representative taking part in the envelope 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 tender.
  33. The subsequent tender analysis, evaluation and comparison procedures shall be conducted by the Commission alone, not in the presence of the suppliers. Article
  34. Verifying Suppliers’ Qualification
  35. The contracting authority must verify whether a supplier is competent, reliable and capable of executing the contract. Therefore the contracting authority may define in the contract documents the minimum requirements for the qualification of candidates or suppliers (right to engage in a certain activity, financial, economic, technical and production capability) and request that candidates or suppliers provide the information and documents proving their qualification as specified in the contract documents. The minimum levels of qualification requirements shall be set following the provisions of Articles 35 to 37 of this Law.
  36. The minimum levels of qualification requirements for candidates or tenderers fixed by the contracting authority may not have the restrictive effect on competition, and must be reasonable, clear and precise. The contracting authority may request from the suppliers only such information that is necessary to identify whether the supplier meets the financial, economic and technical requirements. The requirements may not prejudice the supplier's right to protect intellectual property, production or trade secrets. Requirements to the qualification, as well as to the information and documents to be supplied by the candidates or tenderers shall be set following the provisions of Articles 33, 34, 35 , 37 and 38 of this Law. Upon request of the competent state or local authorities, the contracting authority must furnish the justification of the qualification requirements.
  37. As necessary in a specific contract the supplier may rely on the capacities of other economic entities regardless of his legal relations with them. In such case the supplier must prove to the contracting authority that it will have at its disposal the resources for the execution of the contract. Under the same conditions a group of economic entities may rely on the capacities of the members of the group of economic entities or other economic entities.
  38. Where a supplier for any valid reason is not able for any valid reason to provide the documents requested by the contracting authority, he may prove the candidate’s or tenderer’s economic or financial standing by any other documents or proof to the satisfaction of the contracting authority.
  39. In the event the candidate or tenderer provided incomplete and imprecise qualification information, the contracting authority shall request, without prejudice to the public procurement principles, that the candidate or tenderer supplement or explain the data within a reasonable time.
  40. The contracting authority shall reject the request to participate or the tender of the candidate or tenderer, if his qualification is below the minimum level of qualification established in the contract documents, or if the candidate or tenderer failed to respond to the request of the contracting authority to revise the imprecise or incomplete information about its qualification.
  41. The qualification of candidates or tenderers shall be assessed on the basis of the criteria and procedures set forth in the contract documents. The Commission shall take a decision on the qualification of each candidate or tenderer, and communicate in writing the results of verification to each candidate or tenderer. Only those candidates or tenderers shall be allowed to continue in the procurement procedure, the qualification whereof meets the qualification requirements of the contracting authority. Article
  42. Conditions Prohibiting or Limiting Suppliers’ Participation in Procurement Procedure
  43. The contracting authority shall reject a tender and a request if the supplier has a spend or unexpunged conviction for the following criminal acts defined in 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: 1) participation in a criminal organisation; 2) corruption; 3) fraud; 4) money laundering.
  44. The contracting authority may establish in the contract documents that a request or a tender shall be rejected if the supplier: 1) is bankrupt, is in liquidation, has entered into an arrangement with creditors or has suspended or limited business activities or who is in any analogous situation arising from a similar procedure under the laws of the country of registration; 2) is the subject of court or out of court proceedings for a declaration of bankruptcy or for compulsory liquidation or for an arrangement with creditors or of any other similar proceedings under the laws of his country of registration; 3) has unspent or unexpunged conviction for any offence concerning his professional conduct; 4) has been guilty of grave professional misconduct proven by any means which the contracting authorities can justify; 5) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country of registration or the country in which the contracting authority is established; 6) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country of registration or the country in which the contracting authority is established; 7) is guilty of serious misrepresentation in supplying the information required under this Article or failure to supply the information.
  45. Where the contracting authority requests the economic entity to provide proof of the absence of any of the circumstances referred to in paragraph 1 and paragraph 2 (1, 2, 3, 5, 6) of this Article, it shall accept as sufficient proof: 1) in cases referred to in paragraph 1and paragraph 2 (1,2,3) of this Article, the production of an extract from the “judicial record” or, failing this, of an equivalent document issued by a competent judicial or administrative authority in the country of registration or the country whence that person comes showing that the requirements have been met; 2) in cases referred to of paragraph 2 (5 and 6) of this Article, a certificate issued by the competent authority of the Republic of Lithuania or the candidate’s or tenderer’s country of registration.
  46. Where the contracting authority has doubts about the supplier’s suitability it shall have the right to apply to the competent authority in order to be provided with all the required information. Where the required information is connected with the supplier from the Member State other than the contracting authority, it may apply to the relevant competent authority of the Member State.
  47. Where the supplier is unable to present the documents specified in paragraph 3 of this Article as the documents are not issued in the country concerned or where these do not cover all the cases quoted in paragraphs 1 and 2 (1, 2 or 3) of this Article, they may be replaced by a declaration on oath or in the countries where there is no provision for declaration on oath, by an official declaration made by the supplier before a notary or a competent professional or trade body in the country of origin or the country whence that person comes.
  48. The Public Procurement Office shall compile a list of the authorities of the Republic of Lithuania, competent to issue the documents referred to in paragraph 3, and furnish the list to the Commission of the European Communities. The Public Procurement Office shall also be responsible for submitting to the Commission of the European Communities new data on the list. Article
  49. The Candidates’ and Tenderers’ Right to Pursue Activity 1.A contracting authority in contract documents may request the candidates or tenderers to have the right to pursue the activity, which is necessary for performing the public contract. The candidate or tenderer may prove his right to pursue the activity by presenting certificates issued by the administrators of the relevant professional or activity registers, institutions authorised by the state, as prescribed in the member State or by the country in which they are registered, or to provide a special statement or reference evidencing their right to pursue the relevant professional activity or to provide a declaration on oath or certificate or a declaration on oath evidencing the candidate’s or tenderer’s right to pursue the appropriate activity..
  50. In procedures for the award of public service contracts, insofar as candidates or tenderers have to possess a particular authorisation or to be members of a particular organisation in order to be able to perform in their country of origin the service concerned, the contracting authority may require them to prove that they hold such authorisation or membership. Article
  51. Economic and Financial Standing of Candidates or Tenderers
  52. The contracting authority shall have the right to specify the requirements for the economic and financial standing of the candidates or tenderers, and request to provide one or more of the following references characterising the economic and financial standing of the candidate or tenderer: 1) appropriate statements from banks or, as necessary, evidence of relevant professional risk indemnity insurance; 2) balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic entity is registered; 3) a statement of the overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last 3 financial years available or since the date of registration or commencing the activity in the area concerned, where the undertaking was registered or commenced activity less than 3 years ago.
  53. In the contract documents contracting authorities shall specify which reference or references the candidates or tenderers have to provide in order to prove that their financial and economic standing corresponds to the requirements of the contracting authorities.
  54. If, for any valid reason, the candidate or tenderer is unable to provide the references requested by the contracting authority and specified in contract documents, he may prove his economic and financial standing by any other document which the contracting authority considers appropriate to prove that his economic or financial standing meets the necessary requirements. Article
  55. Technical and Professional Ability of Candidates and Tenderers
  56. The contracting authority, taking into account the nature, quantity , or importance and use of the works, supplies or services, shall have the right to assess and examine the technical abilities of candidates and tenderers in the manner specified in this Article and define in the contract documents the documents (one or several) to be furnished by the suppliers as evidence of technical and/or professional ability: 1) a list of the works carried out over the past five years, accompanied by certificates of satisfactory execution for the most important works; these certificates shall indicate the value, date and site of the works and shall specify whether they were carried out according to the requirements of rules regulating the performance of works and properly completed; where appropriate, the contracting authority may receive such certificates directly from the contractors; 2) a list of the principal deliveries effected or the main services provided in the past three years, with the dates, sums and recipients, whether they are contracting authorities or not, indicated. Evidence of delivery and services provided shall be given by the candidates or tenderers: where the recipient was a contracting authority, in the form of the certificate countersigned by it, where the recipient is not the contracting authority, by the entity’s certification or, failing this, simply by a declaration by the candidate or tenderer; 3) an indication of the technicians or technical bodies involved, whether or not belonging directly to the candidate’s or tenderer’s undertaking, especially those responsible for quality control and, in the case of public works contracts, those technicians or technical bodies upon whom the contractor may call in order to carry out the work; 4) a description of the technical facilities and measures used by the supplier or service provider for ensuring quality and the undertaking's study and research facilities; 5) where the products or services to be supplied are complex or, exceptionally, are required for a special purpose, a check carried on the candidate’s or tenderer’s production capacities or technical abilities of service provision and, if necessary, on the means of study and research which are available to it and the quality control measures it will operate; 6) the educational and professional qualifications of the service provider or contractor and/or those of the undertaking's managerial staff and, in particular, those of the person or persons responsible for providing the services or managing the work; 7) for public works contracts and public services contracts, and only in appropriate cases, an indication of the environmental management measures that the economic entity will be able to apply when performing the contract; 8) a statement of the average annual manpower of the service provider or contractor and the number of managerial staff for the last three years; 9) a statement of the tools, plant or technical equipment available to the service provider or contractor for carrying out the contract; 10) an indication of the proportion of the contract, which the services provider intends possibly to subcontract; 11) samples, descriptions and photographs of products, the authenticity of which must be certified by the candidate or tenderer if the contracting authority so requests; 12) certificates issued by official quality control institutions agencies of recognised competence attesting the conformity of products clearly identified by references to specifications or standards. The contracting authority shall recognise the certificates issued by competent bodies accredited in Member States, attesting the quality of products, services or works.
  57. In procedures for awarding public contracts having as their object supplies requiring siting or installation work, the provision of services or the execution of works, the ability of the supplier to provide the service or to execute the installation or other works may be evaluated in particular with regard to the supplier’s skills, efficiency, experience and reliability. Article
  58. Quality Assurance and Environmental Management Standards
  59. The contracting authority shall have the right to require the production by the candidate or tenderer of certificates issued by independent body attesting the compliance by the candidate or tenderer with certain quality assurance standards. For that purpose the contracting authority shall refer to quality assurance systems based on the relevant European standards series certified by bodies conforming to the European standards series concerning certification. The contracting authority shall recognise equivalent certificates from bodies established in other Member States. It shall also accept other evidence of equivalent quality assurance measures from candidates or tenderers.
  60. Should contracting authorities, in public works contracts and public services contracts in the case referred to in subparagraph 7 of paragraph 1 require the production of certificates issued by independent bodies attesting compliance of the supplier with certain environmental management standards, they shall refer in the contracts documents to the Community Eco-Management and Audit Scheme (EMAS) or to environmental management standards based on the relevant European or international standards certified by bodies conforming to Community law or the relevant European or international standards concerning certification. The contracting authorities shall recognise equivalent certificates from bodies established in other Member States. They shall also accept other evidence of equivalent environmental management measures from the suppliers. Article
  61. Official Lists of Approved Suppliers
  62. In order to more speedily assess compliance by the suppliers’ qualification with the established requirements, official lists of approved contractors, suppliers or service providers meeting the qualification requirements may be drawn up. Official lists of approved suppliers shall be drawn up by the competent authority (institutions) designated by the Government of the Republic of Lithuania. The Government of the Republic of Lithuania or an institution authorised by it shall approve the rules for entering the suppliers in the official lists.
  63. The requirements for registration on the official lists of approved suppliers shall be set in compliance with the provisions contained in paragraph 1 of Article 33, subparagraphs 1 to 4 and 7 of paragraph 2 of Article 33, a 33, Articles 34, 35, 36 paragraph 1 and, where appropriate, paragraph 2 of Article 37 of this Law. As regards applications for registration submitted by economic entities belonging to a group and claiming resources made available to them by the other companies in the group. In such case, these entities must prove to the authority establishing the official list that they will have these resources at their disposal throughout the period of validity of the certificate attesting to thei

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