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Amendments to legal acts. Procurement 2023 | LEADELL Academy
20.12.2022
As of 1 January 2023, procurement specialists should take into account a series of novelties, including divergences in the approach to tax payment arrears, professional misconduct, unfulfilled contractual obligations, etc. LEADELL Vītols team offers to get acquainted with the most important of them.
Amendments to the Law on Public Procurement, the Law on Procurement of Public Service Providers, and the Law on Public-Private Partnerships – applicable from 1 January 2023
- The register of contracts will be published in the Publication management system, which will reflect information about the public authority’s procurement contract, general agreement, or their amendments
- Approach to tax payment debts, professional misconduct, and unfulfilled contractual obligations will be changed
- New rule of exclusion in connection with violations of competition law, influencing the decision of the public authority
- Statute of limitations – 3 years
- Rules for the creation and operation of the procurement commission will be improved
Amendments to the Law on Public Procurement, the Law on Procurement of Public Service Providers – applicable from 1 January 2023
- The expected contract price will be determined taking into account the project, which is not older than 12 months
- The regulation of the selection criteria for the most economically advantageous offer will be supplemented
- New rule that the public authority terminates the procurement in case of one offer/application (with exceptions)
Amendments to Law on Procurements in the Field of Defence and Security – applicable from 1 January 2023
- Changes in the exclusion regulations, for example, an extension of the exclusion period for candidates and applicants
- Provision of rules for restoring the credibility of applicants and candidates
- Obligation to indicate all known subcontractors in the offer, exclusion regulations will also apply to all engaged subcontractors
- Improved regulation on information protection, i.e. information on protected information must be specified in the regulations, information protection requirements must be determined already in the procurement contract, the economic operator must provide an industrial security certificate during the entire contract execution if the requirement for this is determined in the procurement
Amendments to Cabinet Regulation No. 107 “Tendering Procedures for Procurement Procedures and Design Contests”, to Cabinet Regulation No. 187 “ Procedures for the Course of Procurement Procedures and Design Contests of Public Service Providers ” – applicable from 1 January 2023
- Obligation to state all subcontractors whose services are worth at least 10 000 euros
- Termination of procurement in case of disturbances in the operation of the electronic information system
- Opening of applications and offers no sooner than 4 hours after the end of the offer submission deadline
What to do in case of uncertainties?
LEADELL Vītols team actively provides professional support in legal matters to clients. Entrust these and other issues to us: riga@leadell.com
Legal assistant Paula Paidere compiled the overview of legal novelties at the LEADELL Academy
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