Following the provisions of the Article 33 of the Law of the Republic of Lithuania on Public Procurement the contracting authority may establish in the contract documents that a tender shall be rejected if the supplier is the subject of court or out of court proceedings for a declaration of bankruptcy or for compulsory liquidation or for an arrangement with creditors or of any other similar proceedings under the laws of his country of registration; has unspent or unexpunged conviction for any offence concerning his professional conduct, has been guilty of grave professional misconduct proven by any means which the contracting authorities can justify.

Convicted persons are defined under the provisions of Article 97 of the Criminal Code of the Republic of Lithuania as persons who have committed crime and the conviction of the Court of the Republic of Lithuania has come into effect. Only persons who committed voluntary or incautious crime are adjudged as convicted. Conviction doesn’t emerge for convicted persons committing misdemeanour.

According to these provisions the contracting authority may consider the harmful activities for the environment of the enterprises and exclude those tenders of the suppliers that breached environmental provisions under administrative law. The examples of infringements are violation of rules using natural resources, illegal trade of substances destroying ozone layer, illegal usage of natural fauna or illegal disposal of resources of natural flora, destruction and desolation of protected habitats or natural objects, disregard for prohibition of illegal work.

Grave professional misconduct hasn’t yet been determined nor by European or Lithuanian law, neither by case-law. European Commission in “A Handbook on Environmental Public Procurement” states that “a case of non-compliance with environmental legislation, which has been the subject of a final judgment or a decision having equivalent effect, may be considered an offence concerning the professional conduct of the economic operator concerned or grave misconduct, permitting to exclude the party concerned from competing for the contract”.