Public Procurement Issues Group

Māris Vainovskis / Eversheds Bitans

The Public Procurement Issues Group was established at the end of 2007 when the Public Procurement law was open for amendments. The group developed FICIL proposals for the amendments.

COMMENTS AND PROPOSALS FOR AMENDING PUBLIC PROCUREMENT LAW

The Foreign Investors’ Council in Latvia (FICIL) has reviewed the proposed amendments to the Public Procurement Law which were approved by the State Secretaries’ Meeting and would like to express the following comments and recommendations.
FICIL has established a special working group to develop public procurement law based on national and EU law requirements and practice. The FICIL working group promotes adoption of necessary amendments to public procurement law in order to ensure:
• compliance of the law with the requirements set out in European Union directives and the basic principles of public procurement – equal treatment, non-discrimination, mutual recognition, proportionality, and transparency;
• introduction in the Public Procurement Law of new public procurement procedures, new criteria for pre-selection of candidates, effective enforcement mechanisms, and others;

The FICIL working group has elaborated the following points:
(I) conceptual proposals;
(II) proposals to facilitate public procurement procedures;
(III) proposals to enhance transparency in public procurement procedures.

Our proposals concern such issues as introduction into Latvian law of measures including a competitive dialogue procedure and a list of approved operators, facilitation of the right of branches to participate in public procurement, the right of a contracting party to propose limitation of liability, the duty to access information available in public databases, a state fee for challenging results of procurement procedures, and others.

Full document here

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