Main amendments to the Law on Public Procurement in connection with ensuring national security interests

09.04.2022 Main amendments to the Law on Public Procurement in connection with ensuring national security interests

On 8 April, we met for a discussion with representatives of the Ministry of the Economy and Innovation, the Public Procurement Office, Lietuvos geležinkeliai and EPSO-G company groups and the Supreme Court of Lithuania, covering the following topics:

  1. the current regime that we are going to continue to apply for restricting possibilities for suppliers from hostile countries to take part in procurements,
  2. requirements applicable to contracting authorities for evaluation of suppliers’ offers,
  3. possibilities to reject suppliers’ offers.

During the meeting, we also discussed that:

  1. it is necessary to review the current contracts and to assess possibilities to make changes to them in connection with supplies from hostile countries,
  2. general grounds provided for in contract law can be referred to in terminating and amending contracts, but it is necessary to assess their conformity to the requirements and grounds for amending contracts set forth in the Law on Public Procurement,
  3. with regard to the intentions (aims) of the legislator, control should be assessed on a capital basis.

Our speakers:

  • Vincas Jurgutis, Vice-Minister at Ministry of the Economy and Innovation of the Republic of Lithuania
  • Karolis Smaliukas, Partner a TGS Baltic
  • Vaida Genyte, Head of Procurement at Lithuanian Railways
  • Gediminas Golcevas, Head of the Methodical Assistance Division at the Public Procurement Office
  • Megana Margyte - Maksimiak, Head of Procurement at EPSO-G
  • Karolis Šimanskis, Chief Adviser to the Civil Cases Division of the Supreme Court of Lithuania

"The impact of the latest aspects of national security on procurement and procurement management in the face of rising prices and supply disruptions" (in Lithuanian)

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It is symbolic that on the same of day of 8 April 2022, the Council of the European Union adopted Regulation (EU) 2022/576, by which it restricted conclusion of public procurement contracts with Russian citizens, legal entities controlled by them. The regulation also obligates to terminate such contracts by 10 October 2022.  The Member States can apply certain exceptions of limited scope from these requirements.