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The amendment to Article 72 of the Law on Public Procurement of the Republic of Lithuania (hereinafter - the Public Procurement Act) entered into force in 2020. 16 July, and the other part of the Law on Public Procurement and Procurement Entities in the Field of Water Management, Energy, Transport or Postal Services adopted by the Republic of Lithuania (hereinafter referred to as the SO) entered into force in 2020. August 1
Amendment to Article 72 of the Public Procurement Act, which entered into force in 2020. July 16
The amendment to Article 72 (3) of the Public Procurement Act imposes an obligation on the contracting authority to apply to the competent authorities for available negative information about the supplier during unpublished negotiations under the conditions set out in Article 71 (1) (3) of the Public Procurement Act. Given the urgency of the procurement, a time limit of 3 working days shall be set for the competent authorities to provide information on the supplier to the contracting authority.
The purpose of this amendment is to allow only honest suppliers to participate in procurement and to allow the contracting authority to terminate procurement procedures in the event of negative information from the competent authorities about the reliability of the supplier.
Amendments to Articles 27, 35, 37, 47, 87, 92 of the Public Procurement Act and Articles 39, 48, 50, 95, 100 of the Public Procurement Act, which entered into force in 2020. August 1
The possibility for PPPs and SOEs to exclude suppliers who or their goods, services or works threaten the interests of national security. The information necessary to assess whether the intended performance of the procurement contracts of the contracting entities operating in the field of defense would endanger the national security shall be provided by the competent authorities upon application by the contracting authority in accordance with the Law on Protection of Objects Important for National Security. criteria for the compliance of transactions with national security interests. In case the contracting authorities managing the critical information structure or operating in areas considered to be part of strategically important economic sectors for national security intend to conclude procurement contracts would endanger national security interests, information assessment shall be performed in accordance with the Law on Protection of Objects Important for National Security .
Articles 27 and 39 of the Public Procurement Act have been supplemented with Paragraph 5 , establishing the obligation of the procuring entity, preparing for the procurement and assessing whether the procurement is related to national security, to apply to the Ministry of National Defense of the Republic of Lithuania for a reasoned recommendation on the expediency of identifying in the procurement documents the technological risks related to the critical information infrastructure that may arise during the performance of the contract and the requirements related to national security referred to in Article 37 (2) of the Public Procurement Act (Article 50 (2) of the Public Procurement Act) and Article 47 (6) of the Public Procurement Act. When submitting the request, the procuring entity must together provide the data necessary to describe the object of the procurement, the main terms of the planned contract and the reasons why the procurement may be related to national security. Recommendations will be provided in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorized by it.
Paragraph 32 of Articles 35 and 48 of the Public Procurement Act has been supplemented with item 32 , which stipulates that procurement documents must contain information that if an inspection is carried out during the procurement in accordance with the Law on Protection of Objects Important for National Security, the supplier will have to submit documents.
Amendment of Articles 37 and 50 (2) of the Public Procurement Act , which provides that the contracting authority acting in the field of defense has the right to decide whether the goods, services or works offered by the supplier pose a threat to national security after assessing the information provided by the competent authorities. A procuring entity operating in areas considered to be part of strategically important economic sectors for national security or managing critical information infrastructure has the right to consider that the goods, services or works offered by the supplier pose a threat to national security when the Government of the Republic of Lithuania has adopted a decision approving that the intended transaction is not in the interests of national security in accordance with the Law on the Protection of Objects Important for Ensuring National Security.
Amendment to Article 47 (6) of the Public Procurement Act , which stipulates that a contracting authority operating in areas considered to be part of strategically important economic sectors or managing critical information infrastructure has the right to consider that the supplier is in a situation of conflict of interest and may adversely affect the performance of the procurement contract when the Government of the Republic of Lithuania has adopted a decision confirming that the intended transaction does not meet the interests of national security in accordance with the Law on the Protection of Objects Important for Ensuring National Security.
The addition of paragraph 3 to Articles 87 and 95 of the Public Procurement Act , which stipulates that aprocuring entity operating in areas considered to be part of strategically important economic sectors or managing critical information infrastructure shall provide for a special termination of the contract, when the Government of the Republic of Lithuania, in accordance with the procedure established by the Law on the Protection of Objects Important for Ensuring National Security, adopts a decision confirming that the agreement does not comply with the interests of national security.
Amendment to Article 92 (12) of the Public Procurement Act and Article 100 (10) of the Public Procurement Act stipulating that the information referred to in Article 37 (2) of the Public Procurement Act (Article 50 (2) of the Public Procurement Act ) and Article 47 (6) of the Public Procurement Act the contract would endanger the interests of national security, shall be provided by the competent authorities at the request of the contracting authority in accordance with the criteria for the verification of transactions for compliance with national security interests specified in the Law on the Protection of Objects Important for National Security. |
