WORLD TRADE
ORGANIZATIONGPA/28
1 October 1999
(99-4073)
Committee on Government Procurement Original:  English
NOTIFICATION OF NATIONAL IMPLEMENTING LEGISLATION
Communication from Latvia
The following communication has been received from the Permanent Mission of the Republic
of Latvia with the request that it be circulated to the Committee on Government Procurement.
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With reference to the draft offer of the Republic of Latvia, contained in document
GPA/SPEC/5 of 22 June 1999, in relation to the accession of the Republic of Latvia to the Agreementon Government Procurement, I have pleasure in submitting the following information on Latvian
government procurement legislation.
LEGISLATION
1
1. Law on State and Local Government  Procurement of 24 October 1996.
2. Regulations of the Cabinet of Ministers No. 98 of 18 March 1997 "Regulations on Tendering
Procedures and Competitions of Awarding State and Local Government Procurement".
3. Regulations of the Cabinet of Ministers No. 99 of 18 March 1997 "Regulations on Awarding
State and Local Government Contracts by the Request for Quotations Method".
4. Regulations of the Cabinet of Ministers No. 100 of 18 March 1997 "Documentation
Procedures for the State and Local Government Procurement Awarding Process".
5. Regulations of the Cabinet of Ministers No. 101 of 18 March 1997 "Regulations on
Examination of Complaints in Relation to the Awarding of State and Local Government
Contracts".
                                                     
1 Available for consultation in the Secretariat (Office No. 3012) and on the government procurement
page of the WTO website (http://www.wto.org/wto/govt).GPA/28
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CHECKLIST OF ISSUES
I. GENERAL ELEMENTS
1. Has the Agreement been transposed into national law and/or does it apply directly?
The Agreement has been transposed into national law.  In addition, if an international treaty
which has been ratified by Saeima provides for provisions that differ from the provisions of Law on
State and Local Government Procurement, the provisions of the international Agreement shall be
applied (Section 4 of the Law on state and Local Government Procurement).
2. In the case that entities below the federal or central state level are covered:  are these
categories of entities autonomous from fede ral or central state level government in the
implementation of the Agreement?
These categories of entities are autonomous in the implementation of the Agreement, but the
Government has the right to control them.
3. In the case that Annex 3 entities are covered:  are these categories of entities autonomous in
the implementation of the Agreement or do they apply the legislation provided by the federal/central
or sub-central level?
It is provided that Annex 3 entities will apply a new "Law on Works, Supplies, Lease and
Services Procured by Public Utilities" which is submitted in Saeima (Parliament).  Saeima has passed
the first reading and it is prepared for the second reading.
4. Which main differences (if any) exist between the implementing laws at the federal or central
level, the sub-central level and for Annex 3 entities?
There is no difference.
5. To what extent is information technology used in the process of government procurement?
Invitation for tendering (competition) shall be published in the government official newspaper
"Latvijas Vestnesis", which is also available electronically on the Internet (www.lv-laiks.lv).
II. SPECIFIC ELEMENTS
6. Identify the specific provisions in your legislation which reflect the national treatment and
non-discrimination commitments of Article III of the Agreement.
Principles of national treatment and non-discrimination are reflected in Section 6 of the Law
on State and Local Government Procurement.
7. Article IX:2 of the Agreement foresees that the invitation to participate may take the form of a
notice of proposed procurement.  If your implemen ting legislation provides for this opportunity, give
details.
According to Section 15 of the Law on State and Local Government Procurement the tender
notice has to follow certain models.  The tender notice shall give details of the project, provide where
and when the tenders shall be delivered and call for tenders or suppliers who wish to be considered to
make tenders.GPA/28
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8. Article IX:3 of the Agreement foresees that entities at the sub-central level as well as Annex 3
entities may use a notice of planned procurement or a notice regarding a qualification system as an
invitation to participate.  If your  implementing legislation provides for this opportunity, give details.
Latvian legislation does not provide for such an opportunity.
9. In the case of selective tendering procedures:  to what extent are entities allowed to use
permanent list of suppliers or is there a requirem ent for list of suppliers to be selected on a
contract-by-contract bases?
Latvian legislation does not provide for use of permanent list of suppliers, the list of suppliers
is selected on a contract-by-contract basis.
10. Article XIV of the Agreement allows for negotiation  under certain conditions.  Are entities
allowed to proceed to negotiations?  If so, which categories and what are the conditions imposed?
Negotiation process is foreseen in Section 24 of the Law on State and Local Government
Procurement.  The confidentiality of these negotiations shall be guaranteed.
11. Article XI contains the time-limits for tendering and delivery. Time-limits shall normally be
"not less than X days".  Does the domestic legislat ion reflect the various minimum time-limits as set
out in the Agreement?  If not, give information or any longer time-limits which have been established.
In tender (competition) procedures the time-limit for receipt of tenders shall not be less than
40 days from the publishing of notice.  In urgent cases, the time-limit could be set shorter, but not less
than 10 days.  The time-limit for delivery is not fixed.
12. To what extent does the implementing legisla tion allow entities, in pursuance of Article XII:1,
to permit tenders to be submitted in several languages (one of which has to be a language of the
WTO)?  To what extent do entities use this flexibility?
The entities are allowed to permit tenders to be submitted in any language parallel to the
Latvian language, which is the official language in Latvia.
III. CHALLENGE PROCEDURES – ARTICLE XX
13. Paragraph 3 of Article XX requires each Party to provide its challenge procedures in writing
and make them generally available.  Please provide this information.
Section 30 of the Law on State and Local Government Procurement states that:1. Any competitor that claims to have suffered loss or other damage due to an
infringement of this Law by the procuring entity in the procurement proceedings mayseek review except in cases mentioned in Paragraph 3 of this Article.
2. The complaints may be submitted to administrative institutions in accordance with
the Regulations on Review for Public Procurement approved by the Cabinet of
Ministers.GPA/28
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3. The following activities of the procuring entity shall not be subject to the review:
3.1. the selection of a method of procurement;
3.2. the selection of methods and criteria for comparison and evaluation of offers;
3.3. the setting of limitations on the basis of nationality of competitors;3.4. the rejection of all offers;
3.5. the selection of methods and criteria for checking the qualification of 
competitors;
3.6. organizing of a request for proposals as a closed competition.
4. The decisions of state and municipal institutions on the submitted complaints may be
subject to juridical review in the manner set by current legislation - e.g. in the regular
court.
14. To the extent that this information does no t fully respond to the following points, please
provide the supplementary information necessary to do so.
(i) The time-limit to launch a complaint contained in the Agreement is "not less than
10 days".  What are the limits in domestic legislation?
The time-limit to launch a complaint in domestic legislation is 30 days.
(ii) What body is responsible for the challenge procedures?  Is this a "court" or an
"impartial and independent review body"?  If the latter:
- How are its members selected?- Are its decisions subject to judicial review?
- If not, how are the requirements of paragraph 6 of Article XX taken into 
account?
The Court is responsible for challenge procedures.
(iii) What is the applicable law by reference to which the challenge body will examine
complaints?
- Law on State and Local Government Procurement;
- Cabinet Regulations:
- Regulations about Tendering and Competitions for Awarding a State and 
Local Government Procurement;
- Regulations about Price Poll for Awa rding a State and Local Government 
Procurement, Documentation Procedure of Awarding a State and Local 
Government Procurement;
- Law On the Procedures for Examination of Applications, Complaints and Proposals
in State and Local Government Institutions;
- Civil Code;
- Civil Process Code.GPA/28
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(iv) Which rapid interim measures are provided to correct breaches of the Agreement and
to preserve commercial conditions?
- Do these measures include the possibility to suspend the procurement 
process?  On what conditions?
The Law on State and Local Government Procurement doesn't foresee such rapid interim
measures.
(v) How do challenge procedures provide for correction of the Agreement?  What types
of compensation for loss or damages suffered can the challenge body order?
Only a court may order compensation for losses and damages.(vi) Give any available information on the time-periods for the stages of the challenge
process, including to obtain interim measures and a final decision.
The complaint shall be examined within 15 da ys from the moment of its receipt by the
institution.  If deemed necessary, it is possible to extend the complaint processing term by another
period of 15 days.
(vii) What are the usual costs to conduct a challenge procedure?  Are there possibilities
foreseen to do so free of charge?
In the Court, the complainant must cover the st ate fee to conduct a challenge procedure.  The
fee depends on the value of the claim.
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