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Neskelbiama apklausa 2023: kaip optimizuoti pirkimo procesą ir pasiekti geriausią rezultatą?


Neskelbiama apklausa 2023: What is it and why does it matter?




Neskelbiama apklausa is a type of public procurement procedure that allows purchasing organizations to directly contact selected suppliers without announcing their intention to buy goods or services on the Central Public Procurement Information System (CVP IS). This procedure is different from skelbiama apklausa, which requires purchasing organizations to publish their procurement plans and invitations to tender on CVP IS, where all interested suppliers can participate.


The Lithuanian election system is a mixed system that combines proportional representation with single-member constituencies. In 2023, Lithuania will hold its next parliamentary election, where 141 members of the Seimas (the Lithuanian parliament) will be elected for a four-year term. Of these, 71 members will be elected in single-member constituencies using a majority vote with a run-off if necessary, while the remaining 70 members will be elected in a single nationwide constituency using proportional representation with a 5% threshold for parties (7% for coalitions).




neskelbiama apklausa 2023



In this article, we will explore what neskelbiama apklausa is, how it works, what are its advantages and disadvantages, what are the legal framework and the best practices for conducting it, and why it matters for the Lithuanian public procurement and political system.


The advantages and disadvantages of neskelbiama apklausa




The advantages of neskelbiama apklausa




Neskelbiama apklausa has some benefits that make it attractive for some purchasing organizations, especially for small value procurements. Some of these benefits are:


  • It is faster, cheaper and simpler than skelbiama apklausa. Neskelbiama apklausa reduces the time and costs of preparing and publishing procurement documents, evaluating bids, and awarding contracts. It also simplifies the administrative and legal procedures involved in public procurement.



  • It allows more flexibility and discretion for the purchasing organization. Neskelbiama apklausa gives the purchasing organization more freedom to choose the suppliers that best suit their needs and preferences, without having to follow strict criteria or justify their decisions to the public. It also enables the purchasing organization to negotiate with the suppliers on the terms and conditions of the contract, such as the price, quality, delivery time, and warranty.



  • It can foster closer relationships and trust between the purchasing organization and the suppliers. Neskelbiama apklausa can create a sense of mutual understanding and cooperation between the parties involved in the procurement process, as they can communicate directly and exchange information more easily. It can also enhance the loyalty and satisfaction of the suppliers, as they feel valued and respected by the purchasing organization.



The disadvantages of neskelbiama apklausa




However, neskelbiama apklausa also has some drawbacks that make it risky and controversial for some purchasing organizations, especially for large value procurements. Some of these drawbacks are:


  • It lacks transparency, accountability and competition compared to skelbiama apklausa. Neskelbiama apklausa limits the access and participation of potential suppliers, as they are not aware of the procurement opportunities or the selection process. It also reduces the oversight and control of the public and other stakeholders, as they are not informed of the procurement decisions or the contract details. It also diminishes the competitive pressure and incentive for the suppliers to offer better quality, lower prices and more innovation.



  • It can lead to corruption, favoritism and discrimination against some suppliers. Neskelbiama apklausa creates opportunities and temptations for the purchasing organization and the suppliers to engage in unethical or illegal practices, such as bribery, kickbacks, collusion, nepotism, cronyism, or political influence. It can also result in unfair or biased treatment of some suppliers, based on their personal or professional relationships, affiliations, or characteristics.



  • It can result in lower quality, higher prices and less innovation than skelbiama apklausa. Neskelbiama apklausa may compromise the quality and performance of the goods or services procured, as they are not subject to rigorous evaluation or verification by independent experts or third parties. It may also increase the costs and risks of the procurement process, as they are not based on market prices or benchmarks. It may also hinder the development and diffusion of new technologies or solutions, as they are not exposed to diverse sources of knowledge or feedback.



The legal framework and the best practices of neskelbiama apklausa




The legal framework of neskelbiama apklausa




Neskelbiama apklausa is regulated by several laws and regulations that aim to ensure its legality, efficiency and integrity. Some of these laws and regulations are:


  • The Law on Public Procurement (LPP) and its amendments. This is the main law that governs public procurement in Lithuania. It defines neskelbiama apklausa as a simplified procurement procedure that can be used for procurements below certain thresholds (currently 10 000 EUR for goods or services and 20 000 EUR for works). It also sets out the conditions and requirements for conducting neskelbiama apklausa, such as: - The purchasing organization must have a valid reason for choosing neskelbiama apklausa over skelbiama apklausa - The purchasing organization must invite at least three suppliers to submit bids - The purchasing organization must evaluate the bids according to predefined criteria - The purchasing organization must conclude a written contract with the selected supplier - The purchasing organization must publish a notice of contract award on CVP IS within 15 days after signing the contract



  • The Small Value Procurement Procedure Description (MVPTA) and its amendments. This is a secondary legislation that provides more detailed guidance on how to conduct neskelbiama apklausa in accordance with LPP. It specifies the procedures and documents for planning, implementing, monitoring and reporting neskelbiama apklausa. It also clarifies some aspects of neskelbiama apklausa that are not covered by LPP, such as: - The purchasing organization can use electronic means of communication for neskelbiama apklausa - The purchasing organization can conduct neskelbiama apklausa without inviting bids if there is only one suitable supplier - The purchasing organization can cancel neskelbiama apklausa if there are no bids or if all bids are unacceptable - The purchasing organization can modify the contract within certain limits without conducting a new neskelbiama apklausa



  • The Electoral Code and its amendments. This is the law that regulates the electoral system and the political activities in Lithuania. It affects neskelbiama apklausa in two ways: - It prohibits the use of neskelbiama apklausa for procurements related to the preparation and conduct of elections, referendums, initiatives or campaigns - It imposes restrictions and obligations on the purchasing organizations and the suppliers that are involved in neskelbiama apklausa during the election period, such as: - The purchasing organization must inform the Central Electoral Commission (VRK) about any neskelbiama apklausa that exceeds 2 000 EUR - The purchasing organization must not award any contract to a supplier that is a political party, a political campaign participant, or a donor of a political campaign participant - The supplier must not make any donations or provide any services to a political party, a political campaign participant, or a donor of a political campaign participant



The best practices of neskelbiama apklausa




Neskelbiama apklausa is not only a legal but also an ethical and professional responsibility for the purchasing organizations and the suppliers. Therefore, they should follow some best practices to ensure that neskelbiama apklausa is conducted effectively and ethically. Some of these best practices are:


  • Follow the principles of fairness, equality, non-discrimination and proportionality. The purchasing organization and the supplier should treat each other with respect and honesty, and avoid any actions or behaviors that could harm or favor one party over another. They should also ensure that neskelbiama apklausa is appropriate and justified for the procurement objective and scope, and does not violate any rights or interests of other parties.



  • Document and justify the reasons for choosing neskelbiama apklausa and the selected suppliers. The purchasing organization should keep a record of the procurement process, including the rationale for using neskelbiama apklausa, the criteria for selecting the suppliers, the bids received and evaluated, and the contract awarded. The purchasing organization should also provide clear and convincing explanations for their decisions to the public and other stakeholders, if requested or required.



  • Publish the results of neskelbiama apklausa and the contracts on CVP IS. The purchasing organization should disclose the information about neskelbiama apklausa and the contracts on CVP IS, as required by LPP and MVPTA. This includes the notice of contract award, the contract value, the contract duration, the contract parties, and the main terms and conditions of the contract. The purchasing organization should also update CVP IS with any changes or modifications to the contract.



Conclusion




Neskelbiama apklausa is a type of public procurement procedure that allows purchasing organizations to directly contact s


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