APPROVED byDarius VitkauskasChairman Public Procurement Commission of the Permanent Representation of Lithuania to the European Union

20 February, 2015

THE CONDITIONS OF SURVEY

PROCUREMENT OF LEASE OF CARS

CONTENTI. GENERAL CONDITIONSII. OBJECT OF PROCUREMENTIII. TIME LIMITSIV. QUALIFICATION REQUIREMENTS FOR THE SUPPLIERSV. PARTICIPATION OF A GROUP OF ECONOMIC ENTITIES IN THE PROCUREMENT PROCEDUREVI. PREPARATION, SUBMISSION AND MODIFICATION OF THE TENDERSVII. TENDER SECURITYVIII. EXPLANATION AND SPECIFICATION OF THE PROCUREMENT DOCUMENTSIX. TENDER OPENING PROCEDUREX. TENDER ANALYSISXI. NEGOTIATIONSXII. REASONS FOR REJECTION OF FINAL TENDERSXIII. EVALUATION OF TENDERSXIV. DECISION ON AWARDING OF THE CONTRACTXV. COMPLAINTS AND CLAIMS EXAMINATION PROCEDUREXVI. CONDITIONS OF THE PUBLIC CONTRACTXVII. TERMINATION OF THE PROCUREMENT PROCEDURESANNEXES:Annex 1 – Technical SpecificationAnnex 2 – Tender FormAnnex 3 – Supplier’s Declaration Form

I. GENERAL CONDITIONS

1.1. The Permanent Representation of Lithuania to the European Union (hereinafter referred to as the Contracting Authority) performs the procurement of the lease of three (3) cars for the needs of Permanent Representation of Lithuania to the European Union.

1.2. The main concepts, used in the present document, are defined in the Law on Public Procurement of the Republic of Lithuania (hereinafter referred to as the Law on Public Procurement) and the Rules on Simplified Public Procurement, Executed by Diplomatic Representations, Consular Institutions in Foreign Countries and Representations of the Republic of Lithuania at International Organizations, as well as other Contracting Authorities, which Purchase Goods, Services and Works in Foreign Countries, Intended for their Divisions, Military Representatives and Special Attache in Foreign Countries (hereinafter referred to as the Rules), approved by Order No. V-307/V-40 of the Minister of National Defense and the Minister of Foreign Affairs of 31-03-2010.

1.3. The procurement is executed in observance of the Law on Public Procurement, the Rules, the present Conditions of the Survey, as well as other legal acts, valid in the Republic of Lithuania.

1.4. The procurement shall be performed in compliance with the principles of equality of treatment, non-discrimination, transparency, proportionality and the requirements of confidentiality and impartiality.

1.5. The aim of the procurement is to conclude a public purchase and sales contract, which would provide the Contracting Authority the possibility to purchase the necessary products by rationally using the funds, dedicated for that purpose.

1.6. The Contracting Authority is not a payer of VAT.1.7. All the procurement conditions are established in the procurement documents, which include: 1.7.1. The Conditions of Survey (together with annexes);1.7.2. Explanations/specifications of the Conditions of Survey and the replies to the Suppliers’

questions (if any).1.8. The Conditions of Survey have been prepared in Lithuanian and English languages. The

Conditions of Survey are presented to the Suppliers, invited to participate in the procurement procedures and published on the webpage of the Contracting Authority at www.eurep.mfa.lt. In case of any conflict between the texts in Lithuanian and in English wording in Lithuanian shall prevail.

1.9. The direct communication with the Suppliers shall be maintained by Senior Specialist Audronė Petraitienė, Tel.: +32 2 788 1882, e-mail: audrone.petraitiene@eurep.mfa.lt.

II. OBJECT OF PROCUREMENT2.1. The object of procurement - three-year lease of three representative cars for the needs of

Permanent Representation of Lithuania to the European Union. 2.2. The features of the purchased products are listed in the Technical Specification, provided in

Annex 1 to the Conditions of Survey. The products must be delivered before the date, indicated in the contract and corresponding the requirements, indicated in the Technical Specification.

2.3. The procurement shall not be divided into parts therefore the tender must be provided with regard to all the products, listed in the Technical Specification.

2.4. Alternative tenders shall not be submitted. If the Supplier submits an alternative tender, all the tenders, submitted by the Supplier shall be rejected.

III. TIME LIMITS

DATE DATE / TIME* / PLACEThe deadline for submission of the request for explanation of the procurement documents to the Contracting Authority

Not later than 4 business days before the deadline for submission of tenders

12-03-2015Permanent Representation of Lithuania to the EURue Belliard 41-431040 BrusselsBELGIUM

The deadline for forwarding of explanations by the Contracting Authority

The explanation must be provided not later than 1 business day before the deadline for tender submission

17-03-2015

The deadline for submission of tenders

19-03-2015 10. 00 a. m.Permanent Representation of Lithuania to the EURue Belliard 41-431040 Brussels, BELGIUM

The start of the tender 19-03-2015 10.10 a. m.

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opening procedure Permanent Representation of Lithuania to the EURue Belliard 41-431040 Brussels

* the time is stated according to the time of the state, where the Contracting Authority is established, i. e. Belgium

IV. QUALIFICATION REQUIREMENTS FOR THE SUPPLIERS

4.1. The Supplier, seeking to participate in the procurement, must meet the minimum qualification requirements, indicated below, and provide necessary information and documentary proofs of correspondence to qualification requirements, stated in the table below (if the Supplier cannot reasonably provide the stated documents - other documents, acceptable to the Contracting Authority, which can confirm, that the Supplier’s qualification conforms to the qualification requirements):

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No. Qualification requirements Documents confirming that qualification conforms to the qualification requirements *

4.1.1 The supplier is not bankrupt, is not under liquidation, has not entered into an arrangement with creditors, has not suspended or limited its activity or is not in any similar or analogous position under the laws of the country of its registration. The supplier is not subject to court or out-of-court proceedings for restructuring, for a declaration of bankruptcy, for compulsory liquidation or for an arrangement with creditors, or any other similar proceedings under the laws of the country of registration.

1. If a supplier is a natural person and is registered in the Republic of Lithuania, it shall provide an extract issued by the State Enterprise Centre of Registers or an equivalent document issued in accordance with the procedures set by the government of the Republic of Lithuania, confirming the united data managed by competent institutions, to prove the specified circumstances or an extract from the court decision issued by the court, if any. If a supplier is a legal person registered in the Republic of Lithuania, it is not required to provide any documents in proof of this requirement. The contracting authority shall verify the data of the final submission deadline date indicated in the notice of the procurement.A supplier registered in a different state, and is a natural or a legal person, shall provide a certificate issued by the competent judicial or administrative authorities of a country in which it is registered or comes from.Above mentioned document issued no earlier than 60 days prior to the due date for tender submission. Where the document is issued earlier but is still valid on the deadline for tender submission, such document shall be accepted.2. The supplier’s declaration (Annex 3 to the Conditions of Survey), which confirms that the supplier has not entered into an arrangement with creditors, has not suspended or limited its activity or a document issued by the relevant foreign country confirming that the supplier has not entered into an arrangement with creditors, has not suspended or limited its activity, nobody has initiated procedures of compulsory liquidation or arrangement with creditors, or is not in any similar or analogous position under the laws of the country of its registration; if the mentioned document is not issued in the relevant country or if it does not cover all the requested issues, a declaration under oath or an official declaration shall be submitted.

4.1.2 The Supplier has the right to engage in the activity, which is relevant to performing the public contract.

The registration certificate or other documents, evidencing the Supplier’s right to lease carsor other documents confirming the Supplier’s right to rent cars issued by a respective institution of a foreign country (certificates issued by professional bodies or business administrators, bodies authorised by the state, as established in the country of registration of the Supplier), or a declaration of oath evidencing the Supplier’s right to lease cars.

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* Notes:1) In case the Supplier is not able to provide the aforementioned documents, since such documents are not issued in the corresponding country or the issued documents do not cover all the raised issues, the declaration of oath or the official Supplier’s declaration shall be provided;2) Instead of the required documents their copies may be provided. The Contracting Authority shall retain the right to ask for the original documents.

4.2. Instead of documents mentioned in item 4.1, the Supplier may provide a copy of a certificate issued by the Public Procurement Office or by a competent foreign authority provided that such certificate confirms the Supplier’s compliance with the aforementioned requirements.

4.3. If a joint tender is submitted by a group of economic entities (natural and (or) legal persons acting on the basis of a joint activity agreement) the qualification requirements established in item 4.1.1, must be met and the specified documents must be provided by each individual member of the group of economic entities separately, while qualification requirements established in item 4.1.2, must be met and the specified documents must be provided by at least one member of the group of economic entities or jointly by all members of the group of economic entities. 4.4. If the supplier intends to use co-suppliers, the co-suppliers must comply with the qualification requirements specified in item 4.1.1. and submit the relevant documents. If co-supplier will right to rent cars, he must meet the qualification requirements specified in item 4.1.2 and submit the relevant documents.

4.5. If required, the Suppliers may employ other economic entities without regard to legal status of their cooperation. In such a case, the Suppliers must present evidence to the Contracting Authority confirming that under the Contract they will have access to the resources concerned. Following analogical procedure, a group of economic entities may employ members of group of economic entity or other economic entities

4.6. The tender of the supplier shall be rejected if he submitted false information on the compliance with the requirements, and the Contracting Authority may prove it by any legal means.

V. PARTICIPATION OF A GROUP OF ECONOMIC ENTITIES IN THE PROCUREMENT PROCEDURE

5.1. A tender may be provided by a group of economic entities, acting on the basis of a joint venture agreement.

5.2. The Supplier, providing its tender on the basis of a joint venture agreement, must provide a duly confirmed copy of the joint venture agreement, legally binding all the partners, undersigned by all of the joint venture partners. The joint venture agreement must establish that: (1) all the partners are collectively responsible for the performance of the public contract according to the conditions of the agreement, (2) one of the partners is appointed the responsible party, i. e. the one with the right to act on behalf of all the partners, (3) the contractual obligations, arising from the agreement, including the payments, shall be performed via the responsible partner. The aforementioned provisions of the joint venture agreement may not be changed without the consent by the Contracting Authority.

5.3. The Contracting Authority shall not urge that the group of economic entities having submitted the successful tender on a basis of a joint venture agreement and offering the Contracting Authority to sign a public contract would establish a new legal person.

VI. PREPARATION, SUBMISSION AND MODIFICATION OF THE TENDERS

6.1. The Supplier may submit only one tender. In case the Supplier submits several tenders or, being a member of a group of economic entities, participates in submission of several tenders, all such tenders shall be rejected.

6.2. The tender must be provided according to the form, provided in Annex 2 to the present Conditions of Survey.

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6.3. The Supplier’s form of offer attached to these Conditions of Survey in the Annex 2 must be prepared in Lithuanian or English. The communication between the Supplier and the Contracting Authority shall be effected in Lithuanian or/and English language. The qualification basing documents (references, certificates, etc.) may be provided in Lithuanian, English or French language. If the documents, included into the tender (references, certificates, diplomas, etc.), provided by the Supplier, are drawn in another language than required, such documents must be accompanied with their translations into Lithuanian or English, confirmed by a signature of the head of the Supplier or his/her authorized person.

6.4. Tender prices shall be presented in Euro. When calculating the price, all the volumes of products, stated in Annex 1 to the present Conditions of Survey must be taken into consideration. All the taxes and the Supplier’s expenses must be included into the price. By providing its tender the Supplier evidence that it’s tender is correct and covers every aspect, necessary for the complete implementation of the public contract.

6.5. Tender validity period shall be indicated in the tender. The tender shall be valid till 17 June 2015 inclusive. If the tender validity period is not indicated in the tender, it will be considered that the tender validity period is as it is defined in the procurement documents.

6.6. In case the Supplier plans to employ sub-contractors for performance of the public contract, the sub-contractors must be indicated in the tender (see Annex 2 to the present Conditions of Survey).

6.7. With its tender the Supplier must indicate, what confidential information the proposal contains (the confidential information, first of all, includes the commercial secrets and confidential aspects of the tender). The Contracting Authority or experts and other persons may not disclose any information, provided by the Supplier, which has been included into the confidential information. The Supplier may not include any information, which must be public according to the laws of the Republic of Lithuania, into the confidential information. In case the Supplier does not indicate the confidential information, the tender shall be held free of confidential information.

6.8. The tender must be undersigned by the Supplier or its authorized person. 6.9. The tender shall be held the totality of the following documents, provided by the Supplier:6.9.1. The filled in Tender Form, prepared in observance of Annex 2 to the present Conditions of

Survey;6.9.2. The joint venture agreement or a copy thereof, in case the tender is provided by a group of

economic entities;6.9.3. The annexes to the tender (including the documents, proving the Supplier’s qualification) and

other necessary documents and materials.6.10. The tender is provided in one of the following ways:

- by mail or by courier to the following address: Permanent Representation of Lithuania to the European Union, Rue Belliard 41-43, 1040 Brussels, BELGIUM; PRESENTATION OF LITHUAIA TO THE- by electronic mail, audrone.petraitiene@eurep.mfa.lt accompanied by a scanned copy of the tender; 6.11. The tenders, provided by mail or by courier must be furnished in sealed envelopes, bearing the

name of procurement and the name and address of the Supplier.6.12. The tender must be provided before the deadline, stated in Section III of the present

Conditions of Survey. No tenders, received at a later date, shall be examined. 6.13. The Contracting Authority has the right to prolong the time period for provision of the Tender. 6.14. The Contracting Authority shall not be responsible for failure of communication means or any

other unforeseen events, due to which a tender was not received or was delivered with a delay. 6.15. The Contracting Authority shall not be liable for covering the Supplier’s expenses, incurred

when preparing and providing the tender.

VII.TENDER SECURITY

7.1. The Contracting Authority does not require provision of the tender security in the ways of ensuring the performance of obligations, established in the Civil Code of the Republic of Lithuania.

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VIII. EXPLANATION AND SPECIFICATION OF THE PROCUREMENT DOCUMENTS

8.1. The Conditions of Survey can be explained and specified at the initiative of the Suppliers, in case the Suppliers apply to the Contracting Authority in writing (by letter or by electronic mail, sent to audrone.petraitiene@eurep.mfa.lt). Requests to explain the Conditions of Survey may be provided to the Contracting Authority in writing not later than 4 business days till the expiry of the deadline for submission of tenders. The Contracting Authority can reply to the written requests, provided later, in case it has sufficient time to prepare and forward the reply. When replying to the request, the Contracting Authority shall send these clarifications to the other Suppliers as well, but shall not indicate the name of the Supplier, who requested the clarifications.

8.2. Before the deadline for the submission of tenders, the Contracting Authority, by its own initiative, has the right to clarify and specify the conditions of survey.

8.3. When providing the replies to each request to explain the tender conditions, provided by the Suppliers, in case the request has been provided prior to the expiry of the deadline, specified in Paragraph 8.1 of the present Conditions of Survey, or in case the Contracting Authority explains or specifies the tender conditions by its own initiative, the Contracting Authority has to send its clarifications and specifications to all the Suppliers not later than 1 business day till the date of expiry of the deadline for submission of tenders. The Contracting Authority shall reply to the timely provided Supplier’s request to explain the Conditions of Survey not later than within the time period of 3 business days from the day of the request reception.

8.4. The clarifications and specifications of the Conditions of Survey and replies to the Supplier’s inquiries are provided by electronic mail. In case the Supplier does not specify its electronic mail address, the information is provided by mail.

IX. TENDER OPENING PROCEDURE

9.1. The meeting of the Public procurement Commission where the envelopes with the tenders will be open will be held at the following address: Permanent Representation of Lithuania to the European Union, Rue Belliard 41-43, 1040 Brussels, BELGIUM. The start of the sitting of the Public Procurement Commission, during which the received tenders will be reviewed, is provided in Section III of the present Conditions of Survey.

9.2. The Suppliers shall not be invited to the tender opening procedure.9.3. The Contracting Authority shall, not later than within the time period of 3 business days,

provide the information on all the received tenders to the proposal submitted Suppliers. Such notification shall include the following information:

9.3.1. The name of the Supplier who submitted the Tender;9.3.2. The total tender price, specified in the Tender (VAT excluded).

X. TENDER ANALYSIS

10.1. The Commission shall verify the compliance of the qualification data, presented in the tenders with the minimum qualification requirements, established in the Conditions of Survey. In case the Commission establishes that the qualification data, provided by the Supplier are inaccurate or not comprehensive, it shall request the Supplier to supplement or clarify the data within the time period, prescribed by the Contracting Authority. In case the Supplier fails to clarify the provided inaccurate or not comprehensive data on its qualification at the request by the Contracting Authority, the Contracting Authority shall reject such Supplier’s offer. The provision regarding the request to eliminate the deficiencies, related to the provision of qualification data shall not be applicable in case during the examination it is established that the tender, provided by the specific Supplier may be rejected due to other reasons.

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10.2. The right to participate in further procurement procedures shall be granted only to those Suppliers, whose qualification data comply with the requirements, raised by the Contracting Authority in the procurement documents.

10.3. In case of any questions concerning the tender’s content ant with the written request of the Contracting Authority, the Suppliers must present additional written explanations without changing the essence of their tenders within a specified time.

10.4. Should the supplier provided the data/documents (if required)  indicated in the procurement documents submitted together with the proposal that are inaccurate, incomplete: the Supplier’s authorisation to sign the tender, the joint activity agreement, a document of tender security or failed to provide them, Commission shall make a written request asking the supplier to supplement or explain the data, within a period specified by the Delegated Authority which shall not be less than 3 working days from the dispatch of the request by the Delegated Authority.

10.5. If necessary, representatives of the Suppliers may be invited to the sitting of the Commission and all the Suppliers concerned shall be notified on the issues, to which they will have to provide answers.

10.6. In case the Contracting Authority notices any errors of calculation of the price, specified in the tender, the Contracting Authority shall request the Supplier, within the time period, specified by the Contracting Authority, to correct the arithmetical errors, noticed in the tender, without changing the final tender price. When correcting the arithmetical errors, the Supplier shall not refuse the composite parts of the price or supplement the price with new parts. In case the Supplier, within the time period, specified by the Contracting Authority, does not correct the arithmetical errors and/or does not clarify its tender, the tender shall be deemed failing to comply with the requirements, established in the procurement documents.

10.7. In case an abnormally low price is specified in the tender, the Contracting Authority shall have the right, or, in case the Contracting Authority intends to reject the tender, it must require the Supplier in writing to present a written justification of such abnormally low price during the time period, specified by the Contracting Authority. In case the Supplier fails to substantiate the price, its tender shall be rejected.

10.8. In case the tender price expressed in figures does not correspond to the price expressed in words, the price given in words shall be deemed correct.

XI. NEGOTIATIONS

11.1. The Contracting Authority may invite all the Suppliers, whose qualification is in compliance with the requirements, established in the procurement documents (when checked the provided supplier's proposals qualification data compliance with the minimum qualification requirements, established in the Conditions of Survey), to hold negotiations regarding the price of the tender, the offered characteristics of the procurement object and any other conditions in the following cases:

11.1.1. only one tender has been received; 11.1.2. all the tenders, provided by the Suppliers, whose qualification comply with the

requirements, established in the procurement documents, fail to comply with the requirements, established in the procurement documents;

11.1.3. the prices, offered by all the Suppliers, whose tenders were not rejected due to other reasons are too high and unacceptable to the Contracting Authority.

11.2. The Suppliers shall be notified on the decision to hold negotiations in writing, specifying the time and way of negotiations. The Commission will make decision whether the negotiations will be held in written or verbal form.

11.3. During the negotiations the parties may not disclose any technical, commercial or price related information to any third party.

11.4. In case the negotiations are performed in the verbal form, the minutes of the negotiations shall be drafted. The minutes shall be undersigned by the Chairman of the Commission and the authorized representative of the Supplier. The authorized representative shall have an authorization to represent the Supplier during the negotiations with regard to the procurement in question.

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11.5. The final tender shall be the minutes of negotiations, undersigned by the parties (or the tender, clarified by the Supplier in writing) and the tender to the extent it was not changed during the negotiations. In case no negotiations are held, the initial tender shall be held the final tender. In case the negotiations are held however the Supplier is not invited to participate or does not participate if invited (or does not provide the clarified tender in case the negotiations are executed in writing), the initial tender shall be held the final tender.

XII. REASONS FOR REJECTION OF FINAL TENDERS

12.1. The Commission shall reject the tender if:12.1.1. the Supplier, did not meet the minimum qualification requirements; 12.1.2. the Supplier specified inaccurate or incomplete information about his qualifications in

the tender and failed to correct them at the Contracting Authority’s request; 12.1.3. the tender did not conform to the requirements established in the procurement

documents; 12.1.4. the Supplier failed to correct arithmetic mistakes and (or) to clarify the tender within the

period fixed by the Contracting Authority; 12.1.5.the supplier failed to specified, complete or provide data/documents (if required) 

indicated in the procurement documents submitted together with the proposal within a period specified by the Delegated Authority: the Supplier’s authorisation to sign the tender, the joint activity agreement, a document of tender security;

12.1.6. all Suppliers, whose tenders were not rejected due to other reasons offered the prices which were abnormally high and unacceptable to the Contracting Authority;

12.1.7. the price offered is abnormally low and the Supplier failed to provide, at the Commission’s request, a proper written justification of price components or other justification of the abnormally low price.

12.2. The Supplier shall be informed in writing about the rejection of its tender and about the reasons for such rejection

XIII. EVALUATION OF TENDERS

13.1. The tenders, not rejected by the Contracting Authority shall be evaluated by the lowest price. 13.2. The prices will be evaluated in EUR (VAT excluded ).

XIV. DECISION ON AWARDING OF THE CONTRACT

14.1. Upon examining, evaluating and comparing the submitted tenders, the Commission shall rank them, identify the winning tender and make the decision to conclude the public contract. The tenders shall be ranked according to the tender price increase order. No ranking of tenders shall be executed in case only one tender is received.

14.2. In case several tenders are the same price, the Supplier, who has registered its tender at the earliest shall take precedence in the preliminary ranking.

14.3. The tenderers concerned shall be notified in written on the decision to conclude the public contract, the ranking of tenders, the winning tender and the objectives of the contract delay. In case the decision not to conclude the public contract is made, the reasons for such decision shall be specified.

14.4. The contract is concluded immediately but not earlier than the end of the contract award delay (the period of 15 days from the notification of the award decision was sent). In the case, there is the only one tenderer interested and with whom the contract shall be concluded, the contract award delay may not be applied.

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14.5. The Contracting Authority shall offer to conclude the public contract to the winner participant, who shall be invited in writing to conclude the public contract. The winner participant must undersign the public contract within the time period, specified by the Contracting Authority. To sign the contract period may be determined in a separate report.

14.6. When concluding the public contract the price, offered by the winner Supplier and conditions, established in the procurement documents and in the tender may not be changed.

14.7. In case the Supplier, to whom the Contracting Authority offers to conclude the public contract, refuses to conclude the public contract or fails to provide the security for the performance of the public contract, established in the procurement documents (if required), or the Supplier fails to arrive to conclude the public contract within the deadline, prescribed by the Contracting Authority or refuses to conclude the public contract on the conditions, established in the procurement documents, it is held that the Supplier refuses to conclude the public contract. In this case the Contracting Authority shall offer to conclude the public contract to the Supplier, whose tender was ranked the second after the Supplier, who refused to conclude the public contract.

XV. COMPLAINTS AND CLAIMS EXAMINATION PROCEDURE

15.1. Any Supplier, participating in the procurement procedures, shall have the right to provide to the Contracting Authority the complaint regarding the procurement documents, procurement procedures, the actions or omissions on behalf of the Contracting Authority, pertaining to the procurement, in case the Supplier is of the opinion that its rights or legitimate interests have been violated. If desired by the Supplier, the Supplier can be, verbally or in written form, introduced to the procedure of submission and examination of complaints. The complaints are provided in written form within the time period of 15 days from the date of notification on the decision, made by the Contracting Authority. In case the Rules do not contain any requirement to notify the Suppliers on the decisions, made by the Contracting Authority in writing, the Supplier may provide its complaint to the Contracting Authority within the time period of 5 business days of the day of announcement on the decision, made by the Contracting Authority.

15.2. All the Suppliers’ complaints, received before the conclusion of the (preliminary) contract, shall be examined.

15.3. The Contracting Authority, upon receiving a written complaint from the Supplier, shall suspend the procurement procedures till the complaint is examined and the decision is made. The Contracting Authority may not conclude the public contract earlier than within the time period of 15 days as of the date of forwarding of the written notification on the made decision to the Supplier, who has presented the complaint and other Suppliers and participants concerned.

15.4. The complaint must be examined and a motivated decision must be made not later than within the time period of 5 days as of the date of receipt of the complaint.

15.5. The Contracting Authority shall forward the notification on its decision, as well as the information on any changes of the previously notified terms of the procurement procedure to the Supplier, who has presented the complain and other Suppliers and participants concerned not later than on the following business day.

15.6. In case the complaint on the requirements, provided in the procurement documents is examined prior to the tender opening and the complaint is held well-substantiated, after the complaint is satisfied (i. e. all the inadequacies, contained in the requirements, provided by the procurement documents and incompliance with laws are corrected, the qualification and technical requirements, etc. are amended/clarified), the Contracting Authority must announce all the information, correspondingly postpone the time period of tender opening and inform all the Suppliers, who have expressed their wish to participate in the procurement on the issue.

15.7. The decision by the Contracting Authority, made upon examining the complaint, can be appealed against in the court of law according to the procedure, prescribed in Section V of the Law on Public Procurement.

15.8. The Supplier, who presents a claim or a plaint, shall, not later than within the time period of 3 business days, by electronic means or by courier upon signature, provide to the Contracting Authority a copy of such a claim or plaint, bearing the receipt mark or other evidence of receipt of such claim of plaint by the court.

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XVI. CONDITIONS OF THE PUBLIC CONTRACT

16.1. The public contract shall be executed in Lithuanian, or in English language.16.2. The concluded public contract shall correspond to the final tender, provided by the winner

Supplier and the procurement conditions, established in the procurement documents, provided by the Contracting Authority.

16.3. When concluding the purchase contract may not be changed the price of the final proposal and conditions, established in the proposal and procurement documents (or the conditions, established in the negotiation protocol or in the final proposal).

16.4. The contract will be signed in accordance with the following conditions:16.4.1. The properties of the purchased products are determined the technical specification, which

is an integral part of the contract.16.4.2. In case the Contracting Authority not for the banc fault during the contract period in time

did not transfer the payment to the Supplier’s banc account, provided in the agreement or has failed to fulfill obligations under the agreement, the Supplier, after warning in written the Contracting Authority has the right to start the calculation of Contracting Authority’s dengue constituting 0.02 (two hundredth) percent of the amount which the contracting authority indebtedness, for each day of delay. If the supplier does not transfer the product in contractual terms, the Contracting Authority, after warning the supplier in written has the right to start the calculation of Supplier’s dengue, constituting 0.02 (two hundredth) percent of the contract value for each day of delay.

16.4.3. Payment for goods shall be held under a payment schedule, which is in writing and is an integral part of the contract. The Supplier shall send the invoice for the payments under the schedule to the Contracting Authority. The Contracting Authority must pay the invoice within 14 calendar days from the date of its receipt.

16.4.4. Car rental term - 36 months from the date of actual car operation begins. Car lease fees are payable from the actual car operation begins.

16.4.5. Supplier's tender price for the entire duration of the contract can not be recalculated on the general price level changes. Proportional changes to the car lease fees (increase or decrease) may be made in cases of change of the value added tax (VAT) if it directly affects the lease fees.

16.4.6. The Supplier shall undertake to sign the contract during the period, specified by the Contracting Authority in a separate report.

16.4.7. The Contracting Authority undertakes not to use the car to third party without the written consent of the Supplier.

16.4.8. The Contracting Authority undertakes at its own expense to insure car vehicle owners' civil liability compulsory and CASCO (accident, third party criminal conduct, theft) insurance during the car lease period (car insurance is not the object of the procurement).

16.4.9. The Contracting Authority undertakes at its own expense to perform the required scheduled car maintenance.

16.4.10. At the end of rental period the Contracting Authority must return the Supplier the car at no lower configuration and quality than it was before commissioning, except the natural wear and tear.

16.4.11. The supplier undertakes to deliver and pass a cars to manage and to use for the Contracting Authority

16.4.11.1 one car – no earlier than 1 September 2015, but no later than 4 (four) months from the date on which the Contract entered into force. In case of unforeseen circumstances that are not dependent from the will of the Supplier and the Contracting Authority, by submitting a written agreement by the Parties, the period of 4 months can be extended for another 2 months

16.4.11.2. other two cars – on 1 February 2016.16.4.12. The supplier undertakes no later than within 5 (five) working days of the termination of

the lease of cars to pick up the cars from the contracting authority from address in Belgium agreed by the parties.

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16.4.13. The Supplier shall ensure that the delivered to the Contracting Authority cars are not hypothecated, arrested, are not the subject a legal dispute and there are no other circumstances that would limit contracting authority to use and control the transferred cars.

16.4.14. The Parties agree that all disputes, controversies or claims arising out of the breach, termination or invalidity of the Contract shall be resolved by negotiation. If the Parties fail to find a mutual agreement through negotiation within 30 (thirty) calendar days from the date when the first Party receives the written notice to enter into negotiations from the other Party, the disputes shall be resolved in the Court of Lithuania following the proceedings set in legal acts of the Republic of Lithuania according to the address of the Ministry of Foreign Affairs of the Republic of Lithuania.

16.4.15. The contract may be terminated:16.4.15.1. in the case of Part fails to comply with its obligations under the contract for more than

20 (twenty) calendar days after the date of receipt a written notice of the other Party.16.4.15.2. in other cases established by the contract.16.4.16. The contract shall enter into force after its signing by both parties and is valid up to a full-

fledged mutual obligations under the contract performance or termination of the contract in the cases set in the contract.

16.4.17. The Contracting Authority, warned the Supplier before 14 (fourteen) calendar days, has the right to terminate the contract, without sacrificing its other remedies if the Supplier is liquidated, suspended business activities, the Supplier is the subject of the bankruptcy proceedings or it is the similar situation in accordance with law results also when changing the organizational structure of the Supplier, legal status, the nature or the management structure and this may affect the proper performance of the contract. The supplier undertakes to inform the Contracting Authority in written promptly, but no later than within 5 (five) working days on the opening of proceedings against him and / or changes in organizational structure.

16.4.18. In case of discrepancies and / or inconsistencies between the survey conditions and the contract, to the survey conditions shall prevail.

16.4.19. Supplier's right to engage third parties (this condition applies if the supplier's proposal refers to subcontractors they intend to use):

16.4.19.1. Agreement under which the Supplier part of his obligations under the contract, rely on the execution of a third party is considered to be sub-contractors agreement. Such an agreement must be in writing. Supplier for the performance of the contract must include only those subcontractors who are provided in the Supplier’s offer.

16.4.19.2. During the time period of validity of the public contract, when the subcontractor inadequate performs the obligations to the Supplier, as well as in the case when the subcontractor fails to fulfill its obligations to the supplier due to restructuring or bankruptcy proceedings, as well as the bankruptcy procedure is carried out of court, due to procedure, initiated by the forced liquidation or arrangement with creditors or have undertaken similar procedures against them, the supplier may change subcontractors. The Supplier has to inform the Contracting Authority about that in written in advance stating the reasons and the prospective subcontractors. Changing the subcontractors is formalized by both parties signing the agreement. This agreement is an integral part of the contract.

16.4.19.3. Subcontracting does not creates contractual relations between the Contracting Authority and sub-contractor. The Supplier is fully responsible for his sub-contractor’s actions or inactions.

16.4.20. The Contract is subject to the legal acts of the Republic of Lithuania.16.4.21. The contractual rights and obligations of the Parties are explained in accordance with the

provisions of the Contract and the legal acts of the Republic of Lithuania.16.4.22. During the time period of validity of the public contract, its conditions may not be

changed, with the exception of those, which violate the principles and objectives, established in Article 3 of the Law on Public Procurement.

XVII TERMINATION OF THE PROCUREMENT PROCEDURES

17.1. The Contracting Authority, at any time before the conclusion of the public contract, has the right to terminate the procurement procedures, in case the circumstances arise, that could not have been

12

predicted in advance or in case the Public Procurement Office notices any violations during the procurement procedure and obliges the Contracting Authority to terminate the procurement. Upon terminating the procurement procedures, the Contracting Authority shall notify all the Tenderers on the issue.

17.2. The Contracting Authority shall not indemnify the Suppliers for any losses, incurred as the result of termination of the procurement procedures.

13

Annex 1 to the Conditions of Survey

TECHNICAL SPECIFICATIONS

Required 3 (three) new F class (with the accordance of class distribution system recognized by the Lithuanian Auto-entrepreneurs Association) cars for the representation purposes. Vehicles will be operated by the Permanent Representation of Lithuania in the EU (Brussels).

Vehicles lease period 3 years. The all cars must be made no earlier than 2015 year. The vehicles’ mileage should be not more than 100 km for each. Estimated vehicles’ mileage during the lease period is 65000 km for each.

No Product characteristics Requirement1. Body:1.1 Body type Sedan1.2. All windows tined (driver's section

glass - factory toning and the front glass filter with a light bar)

Required

1.3. Side and rear windows with a blinds

Required

1.4. Coachwork color - black (metallic or pearl)

Required

1.5. Coachwork-colored bumpers and the external mirrors

Required

2. Dimensions:2.1. Wheelbase (the distance between

the wheel axles)not less than 2880 mm

2.2. Car lengths not less than 5000 mm3. Engine:

3.1. Type Diesel3.2. Capacity not less than 160 kW3.3. Average fuel consumption

(ltr./100km)Not more than 8,5 ltr./100 km

3.4. Exhaust gas rate must comply with the requirements of the EU - EURO V

Required

4. Transmission:4.1. Gear box Automatic (not less than 6 degrees)4.2. All-wheel-disc with brakes and

with a multi-function stability system

Required

5. Safety and security:5.1. Front side airbags (for the driver

and passenger)Required

5.2. Curtain type side air bags Required5.3. Lateral lumbar air bags Required5.4. Anti-lock braking system Required5.5. Anti-slip regulation system Required5.6. Electronic stability program Required5.7. Factory immobilizer Required

14

5.8. Installed alarm system, ensuring their safe operation and complying with the Belgian insurance companies safety requirements for this class of vehicles

Required

5.9. Factory vehicle security system with a central door locking and remote control

Required

5.10. Acoustic parking system for the front and rear

Required

5.11. External temperature sensor Required5.12. Cruise control Required

6. Equipment:6.1. Heated front seats with electric

height and back adjustment, also heated rear seats

Required

6.2. Air conditioning with a constant temperature sustaining function

Required

6.3. Electrically-operated door windows

Required

6.4. Electrically operated and heated outside rear-view mirrors

Required

6.5. Steering wheel (with the power amplifier) located on the left side

Required

6.6. Shield from the sun Required6.7. Audio system with CD player and

speaker system (at least 4 speakers)

Required

6.8. Heated window washer jets Required6.9. Lights’ with height adjustment Required6.10. Fog lights in the front and rear Required6.11. Genuine leather seat covers (color

according to the agreement)Required

6.12. Alloy wheels of at least R17, equipped with summer tires

Required

6.13. Full size spare wheel or other appropriate equipment

Required

6.14. The set of winter tires with alloy wheels

Required

6.15. Fire extinguisher, warning triangle, first aid kit, light reflective vest, four floor carpets and one rubber mats for driver

Required

6.17. Integrated navigation system (GPS) with the European Union countries maps

Required

7. Warranty:7.1. The car manufacturer's warranty

and / or leasing companies warranty (according to the manufacturer's set warranty conditions)

All period of the lease

7.2. The supplier shall ensure the Required

15

implementation of the contract for warranty repairs on all operating officially authorized service centers

8. Vehicle maintenance:8.1. The service interval regarding oil

changenot less than every 20 000 km mileage (except when mileage of a car during 2 years is less

than 20 000 km)8.2. During the time period of the

contract, supplier shall ensure that contracting authority according to manufacturer's instructions will be able to use vehicle maintenance in all officially approved service centers. Technical vehicle's maintenance is not subject to this contract

Required

8.3. During the time period of the contract, supplier shall ensure for the contracting authority, that under the contract terms and conditions the in-service vehicle maintenance will be performed in Belgium, Brussels, or under the buyer's request - in any other EU country

Required

9. Other:9.1. Proposed car must comply with

EU standards and must have a technical service centers at the Kingdom of Belgium, Brussels..

Required

9.2. During the car warranty repair period the supplier shall provide the same class car or cover the costs of hiring another same class vehicle (except for fuel and other consumables).

Required

9.3. Supplier along with the car shall provide all necessary documents, which are the base for Lithuanian diplomatic mission to register the car and get diplomatic plates in the country of residence

Required

9.4. The cars must be delivered to Belgium to an address agreed by parties and passed to the Contracting authority.

-one car – no earlier than 1 September 2015, but no later than 4 (four) months from the date on which the Contract entered into force. In case of unforeseen circumstances that are not dependent from the will of the Supplier and the Contracting Authority, by submitting a written agreement by the Parties, the period of 4 months can be extended for another 2 months.-other two cars– on 1 February 2016.

16

Annex 2 to the Conditions of Survey

TENDER

PROCUREMENT OF LEASE OF CARS

___________________(Date)____________________

(Place)Name of the Supplier(if the Supplier is a group of economic entities, the following should be stated: - a group of economic entities, acting on the basis of a joint venture agreement, consisting of (list of the names of all economic entities);(hereinafter referred to as the Supplier),represented by the responsible partner (the name of the responsible partner),The address of the Supplier (if the Supplier is a group of economic entities, addresses of all the partners must be listed)Name of the person, responsible for the TenderThe telephone number of the person, responsible for the TenderThe fax number of the person, responsible for the TenderThe electronic mail address of the person, responsible for the Tender

By this Tender we represent, that we agree to all the conditions of procurement, stated in the Conditions of Survey and other procurement documents (their explanations, supplements and clarifications).1.We inform that we have employed the following subcontractors for execution of the public contract*:

No. Name of the subcontractor Description of the functions performed by subcontractor

*To be filled in case the Supplier employs subcontractors for performance of the public contract

2.We inform that the Tender also contains confidential information**:

No. Name of the document Page/pages of the document and the references to the confidential information

** To be filled in case confidential information is provided. The Supplier may not state that the confidential information is the price of the offer/unit price or that the entire Tender is confidential.

In case the Supplier does not provide any Statement of Confidentiality with regard to the information, provided in the Tender, the Tender shall be held free of confidential information.

3.We offer the following products that meet the requirements set out in the tender documents:

17

No. Name The proposed car model Car lease price per month in EURVAT (excluded)

Total car lease price within 36 months in EURVAT (excluded)

1 2 3 4 51. First car2. Second car3. Third carTotal price in EUR, (VAT excluded)

Total price in EUR, (VAT included) ****** Following the Lithuanian and Belgian law the Contracting Authority is exempted from

payment of VAT (zero per cent VAT tariff). If the Provider uses a different tariff of VAT in the Tender, the VAT is not paid or reimbursed.

4. Parameters of offered goods are as following:

No Product characteristics Requirement Parameters of offered goods

1. Body:1.1 Body type Sedan1.2. All windows tined

(driver's section glass - factory toning and the front glass filter with a light bar)

Required

1.3. Side and rear windows with a blinds

Required

1.4. Coachwork color - black (metallic or pearl)

Required

1.5. Coachwork-colored bumpers and the external mirrors

Required

2. Dimensions:2.1. Wheelbase (the distance

between the wheel axles)not less than 2880 mm

2.2. Car lengths not less than 5000 mm3. Engine:

3.1. Type Diesel3.2. Capacity not less than 160 kW3.3. Average fuel consumption

(ltr./100km)Not more than 8,5 ltr./100 km

3.4. Exhaust gas rate must comply with the requirements of the EU - EURO V

Required

4. Transmission:4.1. Gear box Automatic (not less than 6

degrees)4.2. All-wheel-disc with

brakes and with a multi-function stability system

Required

18

5. Safety and security:5.1. Front side airbags (for the

driver and passenger)Required

5.2. Curtain type side air bags Required5.3. Lateral lumbar air bags Required5.4. Anti-lock braking system Required5.5. Anti-slip regulation

systemRequired

5.6. Electronic stability program

Required

5.7. Factory immobilizer Required5.8. Installed alarm system,

ensuring their safe operation and complying with the Belgian insurance companies safety requirements for this class of vehicles

Required

5.9. Factory vehicle security system with a central door locking and remote control

Required

5.10. Acoustic parking system for the front and rear

Required

5.11. External temperature sensor

Required

5.12. Cruise control Required6. Equipment:

6.1. Heated front seats with electric height and back adjustment, also heated rear seats

Required

6.2. Air conditioning with a constant temperature sustaining function

Required

6.3. Electrically-operated door windows

Required

6.4. Electrically operated and heated outside rear-view mirrors

Required

6.5. Steering wheel (with the power amplifier) located on the left side

Required

6.6. Shield from the sun Required6.7. Audio system with CD

player and speaker system (at least 4 speakers)

Required

6.8. Heated window washer jets

Required

6.9. Lights’ with height adjustment

Required

6.10. Fog lights in the front and rear

Required

19

6.11. Genuine leather seat covers (color according to the agreement)

Required

6.12. Alloy wheels of at least R17, equipped with summer tires

Required

6.13. Full size spare wheel or other appropriate equipment

Required

6.14. The set of winter tires with alloy wheels

Required

6.15. Fire extinguisher, warning triangle, first aid kit, light reflective vest, four floor carpets and one rubber mats for driver

Required

6.17. Integrated navigation system (GPS) with the European Union countries maps

Required

7. Warranty:7.1. The car manufacturer's

warranty and / or leasing companies warranty (according to the manufacturer's set warranty conditions)

All period of the lease

7.2. The supplier shall ensure the implementation of the contract for warranty repairs on all operating officially authorized service centers

Required

8. Vehicle maintenance:8.1. The service interval

regarding oil changenot less than every 20 000 km mileage (except when mileage of a car during 2 years is less than20 000 km)

8.2. During the time period of the contract, supplier shall ensure that contracting authority according to manufacturer's instructions will be able to use vehicle maintenance in all officially approved service centers. Technical vehicle's maintenance is not subject to this contract

Required

8.3. During the time period of the contract, supplier shall ensure for the contracting authority, that under the contract terms and

Required

20

conditions the in-service vehicle maintenance will be performed in Belgium, Brussels, or under the buyer's request - in any other EU country

9. Other:9.1. Proposed car must comply

with EU standards and must have a technical service centers at the Kingdom of Belgium, Brussels..

Required

9.2. During the car warranty repair period the supplier shall provide the same class car or cover the costs of hiring another same class vehicle (except for fuel and other consumables).

Required

9.3. Supplier along with the car shall provide all necessary documents, which are the base for Lithuanian diplomatic mission to register the car and get diplomatic plates in the country of residence

Required

9.4. The cars must be delivered to Belgium to an address agreed by parties and passed to the Contracting authority.

- one car – no earlier than 1 September 2015, but no later than 4 (four) months from the date on which the Contract entered into force. In case of unforeseen circumstances that are not dependent from the will of the Supplier and the Contracting Authority, by submitting a written agreement by the Parties, the period of 4 months can be extended for another 2 months.- other two cars– on 1 February 2016.

5. The Tender is valid till the deadline, stated in the tender documents.6. The Tender is accompanied by the following documents:

No. Name of provided document Number of pages

______________________________________________________ (Name and signature of the Supplier or its authorized person)

21

Annex 3 to the Conditions of Survey

(Example of the Supplier’s Declaration)Blazon or trademark

(Name of the Supplier)(The legal form, headquarters and contact details of the legal person, the name of the register,

storing the data on the Supplier, the legal person’s registration number, the value added tax number, in case the legal person is a payer of the value added tax)

__________________________(the Addressee (the Contracting Authority))

THE SUPPLIER’S DECLARATION _____________ No.______

(date)_____________

(place)1. Hereby I, ______________________________________________________________ ,

(name and title of the head of the Supplier or his/her authorized person)confirm that ________________________________________________________________ ,

(name of the Supplier) headed/represented by me, participating in _____________________________________________________________

(name of object of procurement, procurement type)performed by_________________________________________________________________

(name of the Contracting Authority)___________________________________________________________________________ ,

is not bankrupt, liquidated, no reconciliation agreement has been concluded to the benefit of its creditors, the Supplier has not suspended or restricted its activities and its status is not similar according to the laws of the country, in which it is registered. No bankruptcy case is commenced with regard to the Supplier, the Supplier is not the subject of extrajudicial proceedings for a declaration of bankruptcy, currently being under forced liquidation or reaching agreements with its creditors and no analogical procedures are being performed with regard to the Supplier according to the laws of the country, in which it is registered.

2. I am aware that in case the provided Declaration is false, the provided Tender shall be rejected.3. The Supplier is amenable for the correctness of the information, provided in the Declaration

according to the procedure, prescribed by the laws.4. In case a group of economic entities participates in the procurement, the Declaration shall be

filled by each economic entity in the group.

(Title of the person, filling the Declaration)

(Signature) (Name, surname)

22