Following the provisions of the Article 36 of the Law of the Republic of Lithuania on Public Procurement the contracting authority taking into account the nature, quantity, or importance and use of the works, supplies or services, has the right to assess and examine the technical abilities of suppliers in the manner specified in this Article and to define in the contract documents the records (one or several) to be provided by the suppliers as evidence of technical and/or professional capacity.

It is allowed to a certain extent to include environmental and social aspects while evaluating technical and professional capacity of the tenderers. Environmental technical competence could include necessary equipment, tools and measures for ensuring environmental protection, the ability of the supplier to manage environmental items and the abilities to conduct scientific research, which could be used for solving environmental problems.

            In appropriate cases it is allowed to ask from bidders to demonstrate their technical capacity to meet requirements set by the contract to put into place certain environmental management measures for public works’ and services’ contracts.

            When requiring certificates, issued by independent bodies attesting the compliance of the tenderer with certain environment protection management standards, the contracting authority has to refer to the Community’s “Eco-management and audit scheme (EMAS)” or equivalent certificates issued by bodies conforming to Community law or the relevant European or international environmental management standards. Contracting authorities have to accept equivalent certificates issued by other bodies in the Member States. They must also accept other evidences of equivalent eco-management measures, i.e. alternative proof can be the description of the supplier’s measures used to ensure the same level of environment protection.