Latvian Dispute Resolution Newsflash - Sep 2012
Lai lasītu Latvijas strīdu risināšanas ziņas latviešu valodā, lūdzam klikšķināt šeit: In Latvian

  Agris Repšs
 
Agris Repšs
Partner
agris.repss@sorainen.com
   
  Raivo Raudzeps
 
Raivo Raudzeps
Senior Associate
raivo.raudzeps@sorainen.com
   
Dear clients and cooperation partners,

On 1 August this year, another round of voluminous changes to the Public Procurement Law came into force. We draw your attention to those changes that in our opinion are most important:

  • An option has been introduced not to apply the law to small parts of procurement.
  • The implementation procedure of the so-called “B” part service procurement has additional provisions introduced.
  • Small procurements must not require major preparations. There has been a supplement to the number of cases when these procurements can be organised without publishing a notice about the planned contract, while options to challenge the authority's decision have been limited to two court instances.
  • In future, any procurement contract should be for a term not exceeding five years unless any of the preconditions set by law stipulates a longer contract term.
  • Now the law has established that only insignificant changes are allowed to an already-concluded contract or general agreement. The law lists separate cases when significant changes are allowed.
  • Cases are set when it will be obligatory to indicate the sub-contractors involved in performing a construction and service contract.
  • The personnel and sub-contractors involved can now be changed without coordination with the contracting authority except separate cases set by law when the authority's approval will be needed.
  • Evasion of taxes and similar payments has become an obligatory ground to exclude a candidate or a tenderer.
  • A candidate or a tenderer can also be excluded if sub-contractors plus persons who the candidate or tenderer would rely on in confirming its qualification fall under any of the exclusion conditions.
  • Specific types of tender security have been set, while the maximum amount and term of tender security has been limited.
  • A closed and open tender must be suspended if only one candidate or tenderer complies with selection criteria, apart from some exceptions set by law.

Taking into account that the total amount of changes is much larger than indicated here, we suggest you take a look at all the changes. If you need legal assistance in issues related to public procurement please contact your legal counsel.

 
ESTONIA
Carri Ginter
Partner
send e-mail
Pärnu mnt 15
10141 Tallinn
phone +372 6 400 900
fax +372 6 400 901
estonia@sorainen.com
 
LATVIA
Agris Repšs
Partner
send e-mail
Kr. Valdemāra iela 21
LV-1010 Riga
phone +371 67 365 000
fax +371 67 365 001
latvia@sorainen.com
 
LITHUANIA
Renata Beržanskienė
Partner
send e-mail
Jogailos g 4
LT-01116 Vilnius
phone +370 52 685 040
fax +370 52 685 041
lithuania@sorainen.com
 
BELARUS
Alexey Anischenko
Partner
send e-mail
ul Nemiga 40
220004 Minsk
phone +375 17 306 2102
fax +375 17 306 2079
belarus@sorainen.com

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