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The Law of Public Procurement Amended in Lithuania
25.09.2009
On September 1, 2009, amendments to the Lithuanian Law of Public Procurement took effect by which, inter alia, the procedure for publication of notices regarding procurements as well as requirements applicable to the supplier’s declaration were changed.
The contracting authority, performing procurements of international threshold value, is to publish a notice about the intended procurement in advance in cases when it is going to use shortened time limits for submission of tenders and when the value of supplies and services is at least EUR 750,000 and of works at least EUR 5,923,000. These notices are to be published in the Official Journal of the European Union and in the supplement Informaciniai Pranešimai to the official gazette Valstybės Žinios, as well as in the Central Portal of Public Procurement. The amendments also require contracting authorities to publish a list of public procurements planned for that year in the Central Portal of Public Procurement on annual basis and, if possible, on the website of the contracting authority. At the same time, the duty to publish notices regarding certain simplified procurements in Informaciniai Pranešimai was dropped – these notices have to be published only in the Central Portal of Public Procurement.
The requirements applicable to the supplier’s declaration were also changed. The supplier must provide information about business entities that the supplier is related to and confirm that if a related business entity participates in the procurement and submits a separate tender, the supplier acts independently in this procurement and competes with the company related to it. If it turns out that such a declaration was false, the supplier will be eliminated from the public procurement procedure.
The amendments to the Recommendations for Amending Conditions of Public Procurement Contracts came into effect on July 10, 2009. According to the amendments, a party to a procurement contract can be changed only if it is transformed, reorganised or when the performance of the procurement contract is assigned due to the transfer of the functions of the party. Substituting a party should not have an adverse effect on the performance of the procurement contract.
