What to be taken into consideration for public procurement in Lithuania? Dainius Budrys Director, Rail Baltica statyba April 25, 2017

RAIL BALTICA in Lithuania Main information Total track length – nearly 400 kilometers (including Kaunas-Vilnius connection); Passenger stations – Kaunas Central, Kaunas International Airport, Panevėžys, Vilnius; EU (CEF) financing granted to date – 309 million EURO.

RAIL BALTICA in Lithuania Project Timeline Feasibility study Completed (AECOM, 2010-2011) Strategic environmental impact assessment Completed (Sweco, 2014) Special plan and environmental impact assessment Completed (AECOM, 2017) Land acquisition Ongoing (2017-2018) Technical design Planned (2018-2020) Construction Planned (2019-2025)

RAIL BALTICA in Lithuania Land acquisition Land acquisition process 71 land plots will be formed (1244 ha) 63 state-owned land plots will be affected (187 ha) 1196 private land plots will be affected (945 ha) By the end of 2017: Procurement for services on preparation and implementation of land acquisition project announced During the course of 2018: - Preparation of land acquisition project – Valuation of property – Compensation of land owner‘s losses During the course of 2019: Potential dispute resolution in Courts

RAIL BALTICA in Lithuania Construction of Missing Links Kaunas – Palemonas (9,6 km) Preparation for the tender procedure (tender – mid-2017, works completion – end of 2018) Palemonas Kaunas intermodal terminal (operational since 2015) Kaunas station Rokai – Palemonas (7,7 km) Preparation for the tender procedure Rokai Jiesia – Rokai (4,9 km) Construction works contract signed on 07/10/2016, to be completed by mid-2018 Jiesia To PL/LT border

PUBLIC PROCUREMENTS in Lithuania Overview of Public Procurement indicators Satisfactory decision speed: 61 days (EU average – 87 days) (Time between the deadline for submission of proposals and the award of contract); Average duration of cases on public procurements: 65 days (courts of first instance), 55 days (courts of higher instance); Unsatisfactory "One Bidder" indicator: 28% (Proportion of contracts awarded where there was just one bidder). European Commission, 2017, http://ec.europa.eu/internal_market/scoreboard/performance_per_policy_area/public_procurement/ Public Procurement Office, 2015, http://vpt.lrv.lt/

PUBLIC PROCUREMENTS in Lithuania Transposing the new EU Directives Directive 2014/24/EU On public procurement Law on Public Procurement Directive 2014/25/EU On procurement by entities operating in the water, energy, transport and postal services sectors Law on Public Procurement for entities operating in the water, energy, transport and postal services sectors PUBLIC PROCUREMENTS in Lithuania Transposing the new EU Directives Laws on Public Procurement Substatutory legal acts

PUBLIC PROCUREMENTS in Lithuania Transposing the new EU Directives – What’s new? The most economically advantageous tender gradually becomes main contract award criterion; Introduction of European Single Procurement Document (ESPD); Consultation with the market; Terms for submission of proposals reduced; New exclusion grounds (tax debts, severe professional misconduct, blacklisting due to failure to perform the previously concluded contract, etc.); Increase of stamp duty.

PUBLIC PROCUREMENTS in Lithuania Specifics Digitalisation Public procurement process and procedures performed electronically. Public procurement database - https://pirkimai.eviesiejipirkimai.lt/; Invoices for public procurement contracts have to be submitted via electronic system - https://www.esaskaita.eu/web/esaskaita/. ! Requires registration Tender offer has to be signed by electronic signature

PUBLIC PROCUREMENTS in Lithuania Specifics Language requirements: Procurement documents In Lithuanian and any other language Record-keeping In Lithuanian language Tender offers

PUBLIC PROCUREMENTS in Lithuania Specifics Disputes: No third body (institution, commission, office, etc.) for out-of-court dispute resolution; Complaints/claims have to be filed and addressed to the Contracting Authority (mandatory out-of-court dispute resolution stage); If the complaint/claim was not met, the supplier has the right to apply to Court.

PUBLIC PROCUREMENTS in Lithuania Tips Stay informed Prepare in advance Get familiar with the project https://pirkimai.eviesiejipirkimai.lt/ http://ted.europa.eu/ http://railbaltica.org/en/procurements