BDAR
gdpr

Supplier Exclusion grounds

The list below includes suppliers for which there are exclusion grounds according to the Directive 2014/24/EU Art. 57. p. 4 (g): „where the economic operator has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract, damages or other comparable sanctions“. According to the provisions in Lithuanian public procurement law, these suppliers are to be excluded for a 3 year period.

The list is available here: https://vpt.lrv.lt/lt/pasalinimo-pagrindai-1/nepatikimi-tiekejai-1

 

What is a list of suppliers who have provided false information?
1.List of suppliers who have provided false information – where the economic operator has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria, has withheld such information or is not able to submit the supporting documents required pursuant to Article 59 of the 2014/24/EU directive. The supplier shall be included in the list of suppliers who have provided false information for 1 year. For more information  https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0024&from=LT

Please wait while the information loads.

What is a list of unreliable concessionaires?
List of unreliable concessionaires – where the economic operator has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior concession or a prior contract with a contracting authority or with a contracting entity as defined in this Directive or in Directive 2014/25/EU which led to early termination of that prior contract, damages or other comparable sanctions. The concessionaire is included in the list of unreliable concessionaires for 3 years.

You can find the list here.
 

A supplier might also be excluded due to a violation of the prohibition to enter into prohibited agreements stipulated in the Law of the Republic of Lithuania on Competition or a similar legal act of another state, when less than three years have lapsed since the entry into force of a decision imposing the economic sanction specified by the Law on Competition or the legal act of another state. 

List of such suppliers and decisions can be found on the website of Lithuanian competition council.

Economic operators are excluded from the participation in the public procurement procedures where the contracting authority can demonstrate by any appropriate means that the economic operator is in breach of its obligations relating to the payment of taxes or social security contributions.

The status of an economic operator, related to the payment of social security contributions, can be accessed on the website of The State Social Insurance Fund Board under the Ministry of Social Security and Labour. 

 

Publication of information on non-payment of taxes (excluding social security contributions) has been temporarily suspended by the State tax inspectorate, however some information is available here.  Please watch for companies, which belong to the group: "Neatitinka minimalių patikimo mokesčių mokėtojo kriterijų (pagal Mokesčių administravimo įstatymo 40-1 straipsnį)" – "Does not meet the minimum criteria of a reliable taxpayer (according to Article 40-1 of the Law on Tax Administration)".

It usualy means some kind of tax or labour related infringement has been recorded for that company, for example: 

a legal person or a natural person engaged in individual activity has been fined for non-accounting of income in accordance with the law in the last three years prior to the date of its assessment, a fine has been imposed for non-accounting wages, the decision that entered into force impose a fine for unjustified deduction of value added tax and increase of allowable deductions due to accounting documents included in accounting, in which transactions were performed not performed or performed under conditions other than specified, the decision did a fine for satifying private needs of individuals or self-employed persons at the expense of the legal person and at least one of those infringements were fined more than EUR 15 000, or 

the legal person or a natural person engaged in individual activity has been punished for illegal work by a decision that has entered into force in accordance with the Law on Employment of the Republic of Lithuania during the last three years prior to the day of its assessment,

or

the legal person and / or its manager or a person engaged in individual activities have been convicted of fraud, illegal enrichment, economic and business offenses, criminal offenses against the financial system in the last three years prior to the date of its assessment and entered into force,

or 

a fine of EUR 1,500 or more has been imposed on the head of a legal person or other responsible person or a person engaged in individual activity for the administrative offense provided for in Articles 95, 99, 127, 132, 134, 137 of the Code of Administrative Offenses of the Republic of Lithuania during the last year prior to its assessment date , 142, 143, 150, 151, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 176, 187, 188, 1881 , 189, 190, 191, 192, 193, 195, 198, 205, 207, 208, 209, 210, 211, 212, 213, 214, 215, 218, 223, 505, 546 and / or a fine has been imposed for a repeated administrative offense provided for in the Articles of the Code of Administrative Offenses referred to in this paragraph.

 

Please note, the Lithuanian company is primarily identified by the company code (for example 188656261) in the Register of legal entities, and not by the VAT identification number (as not all companies have it). You can lookup company code by the name of the legal entity (or vice versa) on the website of State Enterprise Centre of Registers.

1. The information on possible exclusion grounds of economic operators as foreseen in Article 47(5)(b) of the Directive 2014/24EU: „where the economic operator is bankrupt or is the subject of insolvency or winding-up proceedings, where its assets are being administered by a liquidator or by the court, where it is in an arrangement with creditors, where its business activities are suspended or it is in any analogous situation arising from a similar procedure under national laws and regulations“ is available here:  https://www.registrucentras.lt/jar/p_en/. Any other legal status apart from „No legal proceedings“ in a search results could mean that there is an exclusion ground for that economic operator.

2. Unreliable food business operators – is a list by State food and veterinary service. Entry in this list could be a basis for decision, that the  exclusion ground Article 47(5)(c) might apply, where the contracting authority can demonstrate by appropriate means that the economic operator is guilty of grave professional misconduct, which renders its integrity questionable;

 

 

 

Last updated: 25-08-2020