• On the PMB website (info.iub.gov.lv): planning notices (prior information notices and notices of preliminary market consultations) and contract (tender) notices;
• In the Electronic Procurement System (EPS; eis.gov.lv): procurement plans, documents relating to preliminary market consultations, and procurement documents.

A contracting authority may also publish procurement information on other websites, for example on its own website or on a website operated by a private company.

Economic operators may participate in consultations organised by a contracting authority and submit comments on selection criteria, technical specifications and market capabilities.

The contracting authority announces a consultation on the PMB website at info.iub.gov.lv and provides a link to the buyer profile in the EPS, where the detailed selection criteria and technical specifications are published.

A contracting authority may also conduct a consultation with economic operators by publishing information on its own website and specifying the matters to be discussed, the arrangements for participation and the manner in which the consultation will be conducted.

• A planning notice entitled “Notice of a Preliminary Market Consultation” has been published on the PMB website at info.iub.gov.lv.
• The “Procedure/procurement” field in the EPS states “Preliminary market consultation”.

* If the contracting authority has published one of the planning notices, such as a “Prior Information Notice”, it is an information notice intended to inform economic operators of a planned procurement. It is not a preliminary market consultation and no comments on the procurement need to be submitted.

Each type of procurement or procurement procedure has its own rules and set of requirements. For example, in an open procedure all conditions and requirements for preparing a tender are set out in the procurement documents, and any interested economic operator may submit a tender. In a two-stage procedure, such as a restricted procedure or a competitive procedure with negotiation, the first stage is the selection of candidates, in which any economic operator may submit a request to participate; but only candidates selected at that stage and invited by the contracting authority may submit a tender.

The most common mistakes include incorrectly completed documents, missing information (for example, evidence of experience, availability of resources or required declarations), failure to comply with time limits (for example, an incorrect validity period for tender security), deviations from the technical requirements, and an unclear price structure (including aggregating costs or entering costs under another item in the financial offer). If an economic operator relies on the capacities of another entity to satisfy the selection criteria or engages a specialist, this must be stated clearly and unambiguously in the tender. Economic operators should also note that the entities whose capacities are relied upon will be checked for grounds for exclusion. If grounds for exclusion are relevant, see Section 5, “Grounds for exclusion”.

A tender, or a request to participate submitted in the first stage of a two-stage procedure, must be prepared in accordance with the procurement documents. The economic operator must provide the information required to demonstrate compliance with the selection criteria, technical specifications, requirements for the financial tender and award criteria. Where tender security is required, the applicable requirements for its preparation and submission must also be observed. Any additional information provided by the contracting authority must likewise be taken into account when preparing the tender.

! The requirements set out in the procurement documents must be followed precisely and satisfied in full.

In public procurement, members of the procurement commission, the person preparing the procurement documents, the secretary and experts must not have a conflict of interest involving an economic operator. Where such a conflict is established and cannot be effectively remedied by other, less intrusive measures, the economic operator may be excluded from the procurement procedure.

For further guidance, see the European Commission’s Guidance on the avoidance and management of conflicts of interest under the Financial Regulation.

While preparing a tender, an economic operator may ask the contracting authority questions about the requirements contained in the procurement documents. Questions should be submitted in good time so that the contracting authority can prepare a reply, send it to the person who asked the question and publish it in the EPS under the relevant procurement. The deadline for providing a reply depends on the type of procurement:

• for a procurement under Section 9 of the Public Procurement Law (a  “small procurement”), no later than four days before the deadline for the submission of tenders;
• for an open procedure and other procurement procedures, no later than six days before the deadline for the submission of requests to participate or tenders.

Economic operators should also bear in mind that the contracting authority may need time to prepare a reply, depending on the scope or complexity of the question. A question is submitted in good time if, after receiving it, the contracting authority has sufficient time to prepare a reply.

The contracting authority publishes all questions received and all replies provided in the EPS together with the documents for the relevant procurement.

The procurement documents specify how the qualification requirements must be satisfied and what evidence is required. For example, a professional qualification or education may be demonstrated by a certificate issued by a competent authority or a diploma issued by an educational institution, while previous experience in carrying out particular works may be demonstrated by information on contracts previously performed. With regard to economic and financial standing, an economic operator that is unable, for a valid reason, to provide the documents requested by the contracting authority may prove its economic and financial standing by any other document that the contracting authority considers appropriate.

Participation in public procurement is often challenging for newly established companies because they have not yet accumulated the required experience, including specific experience, or sufficient turnover. Public procurement legislation provides several ways for such companies to satisfy the selection criteria. If a company does not itself have the required capacity, it may rely on the economic and financial standing or the technical and professional ability of other entities.

The requirements may therefore be satisfied by forming a group of economic operators, relying on the capacities of another entity, or engaging a subcontractor.

Reliance on the resources of another entity cannot be merely declaratory: the resources must genuinely be available and relevant to the performance of the contract. Accordingly, when relying on another entity’s economic and financial standing, the economic operator must already include in its tender evidence that the other entity’s resources will be available throughout contract performance. If joint liability for contract performance is also required, the tender must include evidence demonstrating that such joint liability will apply and enabling the contracting authority to conclude that the entity will bear equal responsibility for performance of the obligations. An economic operator may rely on another entity’s technical and professional ability only where that entity will carry out the works or services for which the relevant ability is required. The tender must contain sufficient information for the contracting authority to establish that the extent of that entity’s involvement corresponds to the capacity on which the economic operator relies.

The grounds for exclusion applicable to an economic operator are governed by the law under which the procurement is conducted. The list of grounds for exclusion is exhaustive: the contracting authority may not extend the statutory grounds and must apply the exclusion rules laid down by law.

• Section 42 of the Public Procurement Law governs the verification and application of the grounds for exclusion;
• Section 48 of the Law on the Procurements of Public Service Providers governs the grounds for exclusion;
• Section 37 of the Law on Public-Private Partnership governs the grounds for exclusion;
• Section 44 of the Law on Procurements in the Field of Defence and Security governs the grounds for exclusion.

In the cases provided for by law, an economic operator may take self-cleaning measures and submit explanations and evidence to demonstrate its reliability and show that the measures necessary to prevent the recurrence of the same or similar circumstances have been implemented within the undertaking.

In addition, before concluding the contract, the contracting authority verifies whether sanctions apply to the prospective contractor under the Law on International Sanctions and National Sanctions of the Republic of Latvia.

For general information on exclusion grounds applicable in EU public procurement, see the European Commission’s Public tendering rules in the EU or e-Certis. Please note that the applicable exclusion grounds and verification requirements are governed by Latvian law and the procurement documents

Latvijā reģistrētam uzņēmumam pasūtītājs izslēgšanas iemeslus pārbauda EIS e-izziņu sistēmā. Savukārt ārvalstu piegādātāji savas valsts iestādes izsniegtas izziņas iesniedz paši, ievērojot pasūtītāja pieprasījumu. Ārvalstu izziņu derīguma termiņš  ir 6 mēneši no izziņas izsniegšanas brīža, ja izziņā nav norādīts citādāk (skat. Skaidrojuma “Kandidātu un pretendentu izslēgšanas noteikumi” 68. lapu). 

On the basis of an application or other information, the Procurement Monitoring Bureau may initiate administrative violation proceedings or a departmental examination case. Proceedings may be initiated for violations relating to the conclusion of a contract, for example where the applicable law was not applied, an inappropriate procurement procedure was used, or the rules on contract modifications were not observed. Administrative liability is also provided for failure to provide documents and information, as well as failure to comply with the rules on preventing conflicts of interest.

Depending on the seriousness of the violation, a warning or a fine may be imposed on officials of the contracting authority.

For further information on administrative sanctions, see the Frequently Asked Questions section.