The client must sign the Agreement with the supplier.
CPO LT conducts procurement procedures up to the signing of the contract. The signed contract creates bilateral contractual relationships between the Client and the Supplier. Therefore, the Client and the Supplier resolve all issues related to the execution of the contract by mutual agreement. Thus, there is no need to coordinate contract changes with CPO LT.
The Client must sign the Agreement no later than 5 (five) working days after receiving the notification of the winning Supplier and present it to the Supplier for signing. The Supplier, whose offer is recognized as winning, must sign the Agreement within 5 (five) working days from the day of receiving the signed Agreement from the Client and return it to the Client. If the order included a guarantee for the fulfillment of the Agreement, the Supplier must provide it to the Client along with the Agreement.
Yes, the Client must enter into an Agreement with the winning supplier. In certain exceptional cases, according to Article 29, paragraph 3 of the Public Procurement Law, the contracting authority has the right to terminate the initiated procurement procedures at any time before the conclusion of the purchase agreement if unforeseen circumstances arise. Therefore, if the Client decides not to enter into the Agreement (terminate the procurement), to ensure compliance with Article 58, paragraph 1 of the Public Procurement Law, the suppliers participating in the procurement must be informed of the reasons for the decision not to conclude the purchase agreement. The Client must inform CPO LT in writing about the decision and circumstances (a sample letter can be found here).
Each contract specifies the obligations and responsibilities of the parties for their execution, including conditions for contract termination. The relationships between the parties are governed by the Civil Code of the Republic of Lithuania, which stipulates the parties' responsibility for contract execution.
The Supplier should first warn the Client about non-compliance with obligations and may use the options specified in the contract conditions: penalties/late fees/contract termination.
When accepting a Supplier into the CPO LT catalog according to procurement modules, CPO LT ensures that the offered goods meet the requirements set in the technical specifications. Once the contract is concluded, bilateral contractual relationships are established between the client and the supplier, making them responsible for fulfilling their obligations. This means the supplier must deliver the goods specified in the contract, and the client must ensure that the delivered goods meet the contract specifications. Therefore, the contract parties must adhere to the conditions stipulated in the contract. Consequently, only the client and supplier, not third parties, are responsible for fulfilling the contract terms and may collaborate to apply sanctions for breaches of contractual obligations, demand compensation for damages, etc. Therefore, objectively, CPO LT, not being a party to the contract, cannot influence bilateral contractual relationships or be responsible for the quality of the delivered product or delayed payment. The exclusive right to control compliance with the conditions of concluded procurement contracts, ensure their execution, and evaluate the results of execution is granted only to the Public Procurement Office according to the Public Procurement Law (Article 82, paragraph 1, point 2).
Relevant CPO LT contracts provide opportunities and conditions for acquiring additional goods/services/works without conducting a new procurement procedure. However, it is necessary to familiarize yourself with the specific contract and the conditions for such acquisitions, including payment and scope. It should be noted that the contract can be amended (including the scope of the procurement object) according to the provisions of Article 89, paragraphs 2-5 of the Public Procurement Law (the scope of the procurement object can be changed, additional quantities can be acquired). For example, the Office Supplies contract stipulates that during its validity period, the contract can be amended without conducting a new procurement procedure when the Client needs to acquire additional quantities of goods specified in the main contract annex and/or goods not specified in the main contract annex but related to the procurement object, not exceeding 10 (ten) percent of the initial value of the main contract. Payment for additionally acquired goods specified in the main contract annex will be made according to the prices indicated in this annex. Payment for goods not specified in the main contract annex but related to the procurement object will be made at prices not exceeding those indicated in the Supplier's trading place, catalog, or website on the order day, or, if such prices are not published, at competitive and market-compliant prices offered by the Supplier.
During contract execution, new subcontractors may be changed or engaged. CPO LT contracts specify the procedure for their change and engagement. Key aspects: – The Supplier may change or engage new subcontractors specified in the Purchase Agreement; – the changing and/or newly engaged subcontractor must not have grounds for exclusion; – the qualification of the changing or newly engaged subcontractor must be sufficient for the execution of the Purchase Agreement task; – the Supplier must inform the Client in writing, stating the reasons for the subcontractor change, providing documents confirming the absence of exclusion grounds and proving qualification (when information is not publicly available), and obtain the Client's written consent. If grounds for exclusion of the Supplier's engaged or planned subcontractor are established in public procurement regulations, the Client requires the Supplier to replace such a subcontractor within a reasonable time. Depending on the procurement object, certain aspects of subcontractor change/engagement may slightly differ in separate contracts, so be sure to review the specific contract provisions. You must request the Supplier to provide qualification documents required during the open competition. Qualification requirements can be found in procurement documents. We publish procurement documents for all modules on the www.cpo.lt website, in the "Procurements" section, where you find the module you need, click on the title, and look for the active link "Public Procurement Information and Supplier List," "Announcement and Procurement Documents."
The contract is valid until the fulfillment of final contractual obligations. The validity of the CPO LT purchase contract is linked to the fulfillment of final contractual obligations and mutual settlement between the parties, contract termination (according to the contract procedure, court decision). Long-term contracts, such as for office supplies, consumables, food products, according to contract provisions (e.g., point 10.2), are valid until the Client purchases goods for the contract price specified in the annex, but no longer than the validity period specified in the order contract. If 100% of the quantity specified in the contract (total or each item, service) is not purchased, the contract validity may be extended for a corresponding period by mutual written agreement of the parties. For example, the Food Products contract: if the Client does not purchase 100 percent of at least one item specified in the Purchase Agreement annex during the validity of the Purchase Agreement, the Purchase Agreement may be extended by mutual written agreement of the parties for periods not exceeding 6 (six) months until the Client purchases 100 percent of each item specified in the Purchase Agreement annex. The total duration of the Purchase Agreement, including extensions, cannot exceed 36 (thirty-six) months, counting from the date of entry into force of the Purchase Agreement.
The Client and Supplier Agreement can be signed in two ways: 1. The Client must print 2 copies of the Agreement, sign them, and present them to the Supplier within 5 working days. The Supplier, upon receiving 2 copies of the Agreement, must sign them and return one copy to the first party within a 5 working day period. 2. The Agreement can also be signed electronically. Important! Both parties must sign the Agreement in the same manner.
