Public Procurement Law, accessibility in the technical specifications of public procurements
Publisko iepirkumu likums, 20. panta devītā daļa un 9.1 daļa
In force since .
A procurement conditions rule binding public and private bodies.
- Enforcement body
- not stated in the provision: the contracting authority sets the technical specifications
- Instrument type
- an act of a legislature
What it requires
- If you sell goods, services or works to a contracting authority and their results are intended for natural persons, including the authority's staff, expect the technical specifications to ensure accessibility for persons with disabilities or to take universal design principles into account, unless the authority justifies leaving that out (Public Procurement Law, Art. 20(9); Directive 2014/24/EU, Art. 42(1)).
- Where a directly applicable European Union act or a national act implementing one sets mandatory accessibility requirements, expect the technical specifications to refer to the standards it names, so your tender is assessed against them (Art. 20(9); Directive (EU) 2019/882, Art. 24(1)).
- If you offer goods or services covered by Article 3 of the Law on the accessibility of goods and services, expect the requirements set under Article 4(2) of that Law to be mandatory accessibility requirements in the specifications of a procurement announced from (Art. 20(9.1)).
These lines are LexLint's reading of the law's text.
What this law does
Article 24(1) of Directive (EU) 2019/882 makes the Annex I accessibility requirements mandatory accessibility requirements within the meaning of Article 42(1) of Directive 2014/24/EU and Article 60(1) of Directive 2014/25/EU.
Article 20(9) of the Public Procurement Law requires the technical specifications of a procurement whose results are intended for natural persons, including the contracting authority's staff, to ensure accessibility for persons with disabilities or to take universal design principles into account, unless the contracting authority duly justifies leaving the requirement out.
Article 20(9) also requires the technical specifications to refer to the standards in mandatory accessibility requirements approved by directly applicable European Union acts or national acts implementing them. Article 20(9.1) makes the accessibility requirements set under Article 4(2) of the Law on the accessibility of goods and services for the goods and services in Article 3 of that Law mandatory accessibility requirements within the meaning of paragraph 9.
Paragraph 9.1 enters into force on and does not apply to procurements announced, or begun by decision where none is announced, up to . The footnote to Article 20 dates the amendment that set paragraph 9.1 as the law of , in force from , with paragraph 9.1 in force from . Before that law, paragraph 9 of Article 20 spoke of ensuring the "pieejamību" of the procurement results rather than their "piekļūstamību". The Public Procurement Law lists Directive (EU) 2019/882 among the directives it includes provisions from.
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