Māra Stabulniece on the new regulation of the pre-procurement consulting

04 / 17

On 11 April 2017, “Jurista Vārds” published an article by Māra Stabulniece, Attorney from TGS Baltic, on the new regulation of the pre-procurement consulting. Article 18 of the Public Procurement Law contains a regulation on the pre-procurement consulting, which is new in Latvia, while it does not prescribe for the new right of customers to consult suppliers, but only set out the provisions for application of such right.

Māra is of the opinion that consulting prior to announcement of procurement shall be encouraged by ensuring a dialogue among the customers and suppliers, as well as understanding of the conditions of relevant markets, thus ensuring more efficient use of public funds and competition in those markets. Concurrently, she sees several risks in application of the new regulation, which emerge not only from the regulation of public procurement, but are also in the context with the regulation of competition and protection of commercial secret.