| Work Detail |
The Public Procurement Office (hereinafter - VPT), ??implementing the project “Increasing the efficiency of public procurement by methodological means” financed by the European Social Fund and the state budget of the Republic of Lithuania, project no. 10.1.2-ESFA-V-916-01-0004, commissioned by the joint venture partners dr. Deividas Soloveicik and Karolis Šimanskis (hereinafter - the authors of the Comments) prepared comments on the Law on Public Procurement of the Republic of Lithuania and the Law on Procurement by Contracting Entities in the Field of Water Management, Energy, Transport or Postal Services (hereinafter - Comments).
"I would like it to be a live tool for both procurers and suppliers. In their comments, their authors provide a wealth of information from case law, which will undoubtedly be of benefit to procurers. However, not every provision of law has established a very clear practice for the application of the relevant provision. It is therefore understood that there will be a number of cases where the opinion expressed in the Comments or the examples discussed will not really answer all the questions that arise or may arise for procurers in the context of a particular procurement context. Therefore, VPT is and will be open to constructive proposals of procurers, if certain explanations or examples provided in the comments, in the opinion of procurers, should be clarified, supplemented, etc. ”- says Sonata Vaitukaityte, Head of Legal Department of VPT.
The comments analyze the provisions of the above-mentioned laws, provide practical examples and references to the relevant case law of the provision of the law under discussion. The different situations mentioned in the Commentary may be assessed and understood ambiguously, so the Commentary provides two views. The opinion of the authors of the comments on possible shortcomings in the legal framework or the opinion of the courts on the possible excessive position of certain issues is also indicated.
“In preparing the Comments, we first seek to disclose the content of the commented legal acts and their norms, to comment on the real intentions and objectives of the legislator and how specific provisions are understood and applied in both judicial and administrative practice. In addition to finding answers to questions in legal texts, national and global case law, legal scholars, we also tried to communicate with the market, hear their problems and provide examples of possible solutions. We hope that we have succeeded in developing such tools that will be useful both for professional procurement practitioners and for those who are familiar with this interesting and everyday field of activity. ”- comments Dr. David Soloveicik, Partner at COBALT and Head of the Public Procurement Practice Group.
In the future, the VPT intends to revise and supplement the prepared Comments, taking into account the changes in the commented laws, new practices and provisions formed by the courts. It should be noted that the Comments will not always be updated immediately after each such change or new court order, so it is likely that they will not always answer your questions immediately. VPT hopes that those analyzing the Comments will remain patient and understanding, as well as provide their comments and suggestions, which we will try to respond to and take into account. |
