Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The entities operating in the water, energy, transport and postal services sectors shall compete with the EU thresholds referred to in Article 12 below their purchases as provided for in this Act. In addition, the electronic procurement procedures are governed by the law on electronic auctions and the dynamic purchasing system (2006) . (17/06/00)
This law implements:
(1) Directive 2004 /17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (hereinafter referred to as Procurement directive in specific sectors ;
2) Council Directive on the coordination of laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors 92 /13/EEC (hereinafter ' the Second control directive ; and
(3) Directive 2007 /66/EC of the European Parliament and of the Council amending Council Directives 89 /665/EEC and 92 /13/EEC in order to improve the effectiveness of review procedures relating to public procurement contracts, hereinafter referred to as: The redress directive.
30.4.2010/322)The contracting entity shall make use of existing competitive conditions, equal and non-discriminatory treatment of participants in the procurement procedure and shall act in a transparent and proportionate manner.
Contracting entities shall endeavour to organise their procurement activities in such a way as to enable procurement to be carried out as economically and as planned as possible and as appropriate as possible, taking into account environmental aspects. In order to reduce administrative tasks related to procurement, contracting entities may use framework agreements and make joint procurement or other opportunities for cooperation in public procurement tenders.
Where a candidate or tenderer is an entity or body owned by a contracting entity or another contracting entity, it shall be treated in the same way as other candidates and tenderers.
In the case of contracts covered by the Agreement on Government Procurement of the World Trade Organisation (SopS 5/1995), tenderers and tenderers from other Contracting States shall be subject to the same conditions as from Finland and the other Providers and tenders from Member States.
For the purposes of this Act and the provisions adopted pursuant thereto:
(1) By the contract A written contract concluded between one or more contracting entities and one or more suppliers, the purpose of which is the execution of the works, the supply of the goods or the provision of a service for financial consideration;
(2) The works contract, A contract for the execution or design and execution of a works or works related to one of the activities referred to in Annex C together; the works contract also means: The work in question shall be carried out in any manner whatsoever; the works may consist of an economic or technical unit of house, land or water works;
(3) The supply contract, Non-works contracts; the contract for a supply contract is the purchase, lease, rental or hire purchase of goods by or without the purchase option; the contract for the supply of goods is also considered to be a contract of supply; The object of which is, in addition to supply, the assembly and installation work;
(4) The service contract Non-public works or public supply contracts for the provision of services; the service contract is also considered to be a contract for the purpose of which, in addition to services, goods are subject to: The value of the services is greater than the value of the goods; in addition, the service contract is considered to be a contract with which, in addition to the services, the construction works referred to in Annex C are included;
(5) In the concession contract An agreement similar to that of a works contract, but the consideration of the construction works is either exclusively the right of use of the intended subject or such a right and payment together;
(6) The service concession An agreement similar to that of a service contract, but the consideration of services is either the right to use the service or such a right and payment together;
(7) Supplier, A natural person, a legal person or a public body, or a group of bodies referred to above, which provides goods or services on the market or works or works;
(8) Candidate A supplier who has declared his willingness to participate in a restricted procedure, a negotiated procedure or a competitive dialogue;
(9) The bidder The supplier who has submitted an offer;
(10) In an open procedure The procurement procedure in which the contracting entity publishes a contract notice and where all interested suppliers may submit a tender; in addition to the contract notice, the contracting entity may send calls for tenders to its views. Journalists;
(11) By a restricted procedure The procurement procedure in which the contracting entity publishes a contract notice and to which interested suppliers may request to participate; only candidates selected by the contracting entity may make an offer;
(12) The negotiated procedure The procurement procedure in which the contracting entity publishes a contract notice and to which suppliers may request to participate; the contracting entity negotiates the terms of the contract with the suppliers of its choice;
(13) Direct procurement The procurement procedure in which the procuring entity without publication of a contract notice selects one or several suppliers with which the contracting entity negotiates the terms of the contract;
(14) Framework agreement A contract between one or several contracting entities and one or more suppliers, the purpose of which is to lay down the conditions for contracts awarded during a given period, such as prices and planned quantities;
(15) Design competition A procedure enabling the contracting entity to acquire, for example, an architectural, technical design or data processing plan chosen by a jury to compete; prizes may be awarded;
Paragraph 16 is repealed by the L 17.6.2011/700 .
Paragraph 17 has been repealed by the L 17.6.2011/700 .
(18) Technical specification The definition of the characteristics of the product, service or materials subject to the contract, such as quality or environmental performance, design, conformity and suitability for use, and the use of the product Evaluation, product safety and dimensions, sales descriptions, terminology, symbols, testing and test methods, labelling, labelling, instructions for use and production processes, methods and requirements Requirements for assessment methods; public works contracts; In addition, the technical specifications include design, cost accounting, testing and inspection rules, conditions for acceptance of work, construction methods, construction techniques and other finished work and materials. Or technical conditions relating to their parts;
19) Technical specifications A European standard, European technical approval, official technical specification, international standard, technical reference, national standard, national technical approval and other national documents relating to: Design, calculation, performance or use of the product;
20) Standard A technical specification approved by a recognised standardisation body for repeated or continuous use which is published as a standard and which is not mandatory; the standard is:
(a) International , when approved and publicly available by the International Organisation for Standardisation;
(b) European , when approved and publicly available by the European Organisation for Standardisation; or
(c) National Where it is accepted and publicly available by the National Standardisation Organisation;
21) European Technical Approval A positive technical assessment of the construction product of an approval body designated by the Member State of the European Union for the purpose of the product's suitability for use; approval is based on the fulfilment of the essential requirements for the construction site; On the basis of which the characteristics specific to the product have been determined, and the definition of the conditions of use;
22) The official technical specification Technical specifications recognised by the Member States of the European Union and published in the Official Journal of the European Union;
23) Technical reference Any technical definition drawn up by the European standardisation body in accordance with procedures that take account of the needs of the market in the European standardisation body other than the official standard;
24) Recognised institution Testing or calibration laboratories and inspection and certification bodies which comply with the applicable European standards; the contracting entity shall also approve the institutions of the other Member States of the European Union Certificates;
25) On the common procurement nomenclature (CPV) The reference nomenclature referred to in Regulation (EC) No 2195/2002 of the European Parliament and of the Council on the Common Procurement Vocabulary (CPV);
(26) Written A combination of words or numbers which can be read, reproduced and subsequently communicated; the term may include information transmitted and stored in electronic form;
(27) Electronic format A form of communication using electronic data processing and storage media, where information is disseminated, transmitted or received by wire, by radio, optically or by any other electromagnetic means.
The contracting entities referred to in this Act are one or more of the activities referred to in Articles 6 to 9 by the authorities of the State, the municipalities and the municipal authorities, the public institutions, the bodies governed by public law and the bodies referred to above. Associations.
In addition, contracting entities within the meaning of this law are public undertakings engaged in the activities referred to in Articles 6 to 9 and entities operating under special or exclusive rights granted by the Authority.
Paragraph 1, Body governed by public law Means a legal person specifically set up to satisfy needs of general interest which do not have an industrial or commercial character and:
(1) financed mainly by the contracting entity referred to in paragraph 1;
(2) the management of which is subject to supervision by the contracting entity referred to in paragraph 1; or
(3) the contracting entity referred to in paragraph 1 shall be appointed by the contracting entity referred to in paragraph 1.
Referred to in paragraph 2 Public undertakings Are entities to which the authorities may exercise direct or indirect control on the basis of ownership, financial participation or rules relating to the undertaking; the entity shall be deemed to be controlled by the authority, in particular where: Authority:
(1) directly or indirectly owns a majority of the subscribed capital of the undertaking concerned;
(2) controlling the majority of the voting rights based on shares in the undertaking, or
(3) may appoint more than half of the members of the Community administration, management or supervisory body.
Article 2 (2) Special and exclusive rights Means rights which are based on the law or which have been granted by the competent authority under the law and which reserve the exercise of the activities referred to in Articles 6 to 9 to one or more entities, which will have a significant effect on: The ability of other entities to carry out such activities.
This law shall apply to the operation of the gas and heat network operation, the supply of gas or heat to these networks and the natural gas market (508/2000) Shall be responsible for the management of the system.
This law shall not apply where a contracting entity other than the one referred to in Article 5 (1) provides a by-product of gas or heat in the public service networks when the following conditions are met:
(1) gas or heat is produced in order to carry out activities other than those referred to in paragraph 1;
(2) the purpose of the provision of the public network is to exploit the energy generated by the by-product; and
(3) the share of total gas or heat output to the public network shall not exceed 20 % of the entity's turnover, calculated on the basis of the average turnover of the last three years, including the current year.
This law shall apply to the operation of electricity grid operation, to the supply of electricity to these networks and to the electricity market sector (16/1995) To the management of the system responsibility.
This law shall not apply where the contracting entity, other than that referred to in Article 5 (1), supplies electricity to the public service networks when the following conditions are met:
(1) electricity is produced in order to carry out activities other than those referred to in paragraph 3;
(2) the purpose of the provision of the public network is to offset fluctuations in the unit's own consumption; and
(3) the share of electricity supplied to the public network shall not exceed 30 % of the total energy output of the unit, calculated on the basis of average production of the last three years, including the current year.
This law shall apply to activities relating to the exploitation of a geographical area in order to seek or raise fuel peat.
This law shall not apply to any purchase of energy related to energy supply, as referred to in this section, or for the purchase of fuel for its production.
See: Natural gas market L Chapter 3, Chapter 3 . Electricity market L 386/1995 Has been repealed by the Electricity Market L 58/2013 .
This law shall apply to the water supply law (19/2001) Referred to in Article 2 (2).
This law shall also apply to procurement and design contests which:
(1) the contracting entity engaged in the activities referred to in paragraph 1 shall make or organise and relate to water-building projects, irrigation or drainage of the land; and
(2) the proportion of water to be supplied as economic water in the projects or the total volume of water produced by irrigation or drying systems exceeds 20 %.
This law shall not apply where the entity, other than the contracting entity referred to in Article 5 (1), supplies financial water to the public service networks with the following conditions:
(1) the production of economic water for the purpose of carrying out activities other than those referred to in paragraphs 1 and 2;
(2) the purpose of the provision of the public network is to offset fluctuations in the unit's own consumption; and
(3) the share of the excess economic water supplied to the public network shall not exceed 30 % of the total output of the unit, calculated on the basis of average production in the preceding three years, including the current year.
This law shall not apply to the supply of raw water by the contracting entity referred to in this Article.
This law shall apply to the construction, maintenance, maintenance and supply of networks intended to provide public transport services by rail, rail, trolley, bus or metro. The network of transport services is the service provided in accordance with the conditions laid down by the Authority. The conditions may relate to the routes to be operated, the available transport capacity or frequency.
This law shall not apply to units which produce bus transport services to the public, where other services are free to provide the same services either in general or in a given geographical area under the same conditions as contracting entities.
This law shall apply to the maintenance of airports, sea or inland ports, or to the provision of terminal services to air, sea or inland waterway operators.
This law shall apply to the postal service (13/2001) , as provided for in Article 64 (4).
The procurement of several activities shall be subject to the provisions relating to the operation to which the acquisition is primarily made.
If any of these activities fall within the scope of this law and any other activity falls within the scope of the (168/2007) (hereinafter ' the Procurement law , and where it is objectively impossible to determine which function is primarily targeted by the acquisition, it shall be carried out in accordance with the procurement law. 30.4.2010/322)
Where one of these activities falls within the scope of this law and any other activity does not fall within the scope of this law or of the procurement law, and where objectively it is impossible to determine which function of the contract as a matter of priority Shall, it shall be carried out in accordance with this law.
This law shall not apply to contracts concluded for the performance of an activity for which, in accordance with Article 30 of the Procurement Directive, the Commission's decision has established that the activity is directly open to competition on the market, Access is not restricted.
Contracting entities may submit an application to the Commission of the European Communities in order to initiate the procedure laid down in paragraph 1. The application must be sent to the Ministry of Trade and Industry for information.
EU thresholds based on Commission Regulation (EC) No 2083/2005 of the European Parliament and of the Council amending Directives 2004 /17/EC and 2004 /18/EC of the European Parliament and of the Council with regard to the applicable thresholds for the award of contracts Are:
(1) eur 422 000 for supplies and services; and
(2) eur 5 278 000 for works contracts.
The Commission of the European Communities shall review the thresholds every two years in accordance with the procedure laid down in Article 68 of the Procurement Directive and publish the revised thresholds in the Official Journal of the European Union, Shall be replaced by the values set out in the respective amendments by the Commission of the European Communities. The Ministry of Trade and Industry shall, without delay, notify the Official Journal of amendments to the thresholds, in accordance with the amendments made by the Commission of the European Communities.
For the purpose of calculating the estimated value of the acquisition, the maximum total amount to be paid shall be based on the amount of VAT. When calculating the value, account shall also be taken of possible alternative means of implementation of the contract, including the option of option and extension, as well as fees or fees payable to candidates or tenderers.
For the purpose of calculating the estimated value of the works, account shall be taken of the value of the works and the total estimated value of the goods necessary for the execution of the works which the contracting entity makes available to the contractor.
Where the acquisition is carried out at the same time as separate components, the estimated total value of all the corresponding components shall be taken into account when calculating the estimated value of the contract. Where the aggregate value of the components exceeds the threshold referred to in Article 12, the procurement of each component shall be governed by this law.
For parts of goods and service contracts, the estimated value of which is less than eur 80 000, and parts of works contracts with a estimated value of less than EUR 1 million, this law shall not apply if the aggregate value of such parts is: Up to 20 % of the total value of all parts.
The predetermined value shall be valid when the contracting entity submits a contract notice to be published or otherwise begins the procurement procedure.
The calculation of the estimated value of the acquisition shall be based on:
1) insurance premiums and other allowances paid in the insurance service;
(2) payments, fees, interest and other forms of remuneration for banking services and other financial services;
(3) fees, fees and other forms of remuneration for planning services;
(4) in the design contest organised as part of the procedure leading to the provision of services, the expected value of the service contract and possible fees and charges; and
(5) fees and charges payable to participants in other design contests, and subsequently, in accordance with Article 29 (9), the expected value of a service contract if the contracting entity does not close the design competition; In the notification of the procurement procedure.
Where a supply contract is subject to the leasing, rental or hire purchase of goods, the calculation of the estimated value of the contract shall be based on:
(1) the total estimated total value of the contract in force for a period not exceeding 12 months, or the total estimated residual value of more than 12 months, including the estimated residual value; or
2) the estimated monthly value of the contract in force for the time being or for an indefinite period multiplied by 48.
For the calculation of the estimated value of contracts for the supply of goods or services which are regularly repeated or periodically renewed, the criteria shall be used:
(1) any changes occurring during the preceding 12 months in the preceding 12 months, taking into account the value or value of the corresponding acquisitions in the last 12 months or the previous financial period; or
(2) the estimated total value of purchases made during the 12 months following the first delivery of goods or, in the case of a contract in force more than 12 months, during the subsequent financial period.
In the case of service contracts which do not indicate the total price, the calculation of the estimated value shall be based on:
(1) the total estimated value of the contracts in temporary contracts not exceeding 48 months; or
(2) in the contracts currently in force or in force more than 48 months, the monthly value multiplied by 48.
For the calculation of the estimated value of the contract, the estimated total value of all contracts envisaged for the duration of the arrangement shall be used for the calculation of the contract value.
The project shall not be divided into lots, purchased or calculated or procureed through exceptional methods, in the cases referred to in Article 10 of this law or in the cases referred to in Article 10, in order to avoid the application of the provisions of the procurement law. Furthermore, the supply of goods or services may not be linked to works or acquisitions artificially in order to avoid the application of the provisions of this law.
This Act does not apply to public defence and security procurement law (1531/2011), , or contracts excluded from the scope of that law pursuant to Article 6 (2) or Article 7 or Article 8 thereof.
This law shall not apply either:
(1) works or service concessions awarded by a contracting entity exercising one or more of its activities within the meaning of this Act;
(2) contracts intended to resale or lease to third parties where the contracting entity does not have a special or exclusive right to sell or lease the subject of the contract, and if the other entities may sell or lease it, Under conditions other than contracting entities;
(3) contracts awarded by a contracting entity for the pursuit of an activity other than those referred to in Articles 6 to 9, subject to Article 10;
(4) contracts relating to the pursuit of an activity covered by this law in third countries, if the network or geographical area within the territory of the European Union is not used;
(5) procurements which are kept secret or for which specific security measures are required under the law;
(6) contracts for which other procedural rules apply and which shall be subject to:
(a) on the basis of an international agreement between Finland and one or more third countries relating to the supply or exploitation of works or works for the purpose or service of works contracts, or For the implementation or exploitation of a joint project by the signatory States;
(b) under the special procedure of an international organisation; or
(c) on the basis of an international agreement on the deployment of troops in a Member State of the European Union or in a third country.
This law shall not apply to service contracts for:
(1) the acquisition or rental of land, existing buildings or other immovable property by any form of financing or related rights;
2) arbitration and conciliation services;
(3) financial services related to the issue, purchase, sale and transfer of securities or other financial instruments, such as transactions where the contracting entity acquires funds or capital;
(4) contracts; or
(5) research and development services, except where the benefits accruing from them are exclusively incurred by the contracting entity for its operation and the service provided is wholly remunerated by the contracting entity.
By way of derogation from paragraph 1, however, this law shall apply in any form whatsoever with a purchase or rental agreement in any form, before or after the contract of financial services.
Where the services listed in Annex B are exclusively acquired or acquired in conjunction with the services listed in Annex A, in such a way that the value of the services in Annex B exceeds the value of the services provided for in Annex A, only Articles 40 and 41 § the technical specifications, the ex post notification referred to in Article 23 and the disclosure of direct contracts, Chapter 7 on the award decision, the contract, the procurement adjustment and the publication of the procurement documents, and Chapter 8; Legal remedies and various provisions are laid down. 30.4.2010/322)
This law shall not apply to contracts awarded by a contracting entity to a affiliated undertaking or joint venture.
Stakeholder undertaking Means any undertaking whose annual accounts are consolidated with the annual accounts of the contracting entities in accordance with (136/1997) In accordance with For units not covered by the Accounting Act, a related undertaking means any undertaking to which the contracting entity may directly or indirectly exercise control within the meaning of Article 5 (4) or which may exercise control The contracting entity or, as a contracting entity, under the control of another undertaking under the terms of ownership, the financial contribution or the rules of the undertaking. Joint venture Means a company consisting of a number of contracting entities, which carries out activities within the meaning of this law.
In addition, paragraph 2 shall require that at least 80 % of the average turnover of the affiliated undertaking or joint undertaking's supplies, services or works for the last three years consists of supplies The contracting entities to which it is affiliated. If the turnover data for the last three years are not available, the undertaking may prove that the turnover is realised, including by providing information on the future business. Where more than one undertaking provides the contracting entity with the same services, supplies or works contracts, account shall be taken of the 80 % of the services, supplies and The total turnover generated by the construction works.
The Act shall not apply to contracts concluded by one of the contracting entities owned by the Joint Undertaking, or by the contracting entity in its ownership of a joint venture, provided that the Joint Undertaking is established for a period of at least three years and that: The constituent document of the Joint Undertaking indicates that the contracting entities which have established the Joint Undertaking belong to it at least at the same time.
This law shall not apply to service contracts awarded by another contracting entity or by a pool of contracting entities to it by law, regulation or administrative provision in accordance with the Treaty establishing the European Community On the basis of exclusive rights.
The contracting entity may restrict participation in the tendering procedure to the working centres or the corresponding units or reserve the execution of the contract in connection with work programmes where the majority of the employees concerned are disabled; The nature or gravity of the injury may carry out professional activities under normal conditions. The contract notice shall indicate that the contract is reserved for the Centre or the work programme.
A contracting entity which acquires goods, services or works by means of a joint purchasing body shall be deemed to have complied with this law if the joint purchasing body has complied with it.
Joint purchasing unit Means a contracting entity which acquires goods or services to other contracting entities, or concludes contracts or framework agreements relating to goods, services or works. It is required that the joint purchasing body functions in order to carry out the tasks mentioned above and that it is specifically set up to carry out these tasks or that the performance of those tasks is provided for or provided for by the Joint Procurement Unit.
The contracting entity shall submit the periodic notice, the contract notice, the design contest notice, the notification of the supplier register, the ex-post notification and a simplified contract notice for the dynamic purchasing system. The contracting entity may also submit a direct contract notice for publication.
Contracting notices shall be submitted for publication to the body designated by the Ministry of Employment and the Economy.
The decree of the Council of State lays down more precise provisions on the reporting obligations imposed by the specific sectors covered by this Article and the directive on the protection of the rights of the person concerned, such as the content of the declarations and their publication, and The means of communication and other information relating to the procurement of notifications.
A contracting entity intending to acquire goods or services listed in Annex A or to carry out a construction project shall use the open procedure, restricted procedure or negotiated procedure as defined in Article 4 (10) to (12). The invitation to tender may also be initiated by means of a periodic notice or a notice on the use of the register of suppliers. Direct procurement as defined in Article 4 (13) of this Act may be used only when the conditions for its use are met. In addition, the contracting entity may organise a design contest in accordance with Article 4 (15). Electronic procurement procedures may also be used for procurement.
For the purpose of public procurement, the contracting entity may have a register of suppliers. Where an invitation to tender has been notified by means of a notice on the use of the register of suppliers, the contracting entity shall select participants in the invitation to tender in the register. The register may also contain information on the eligibility of natural persons which they themselves have supplied to the contracting entity for the purpose of the supplier's register. Different classifications may be used in the register. The conditions for the approval of a classification or supplier register shall not be discriminatory.
Administrative, technical or financial registration conditions shall be applied in a balanced and non-discriminatory manner. Where the terms of registration include technical specifications, they shall be subject to the provisions of Articles 40 and 41. Conditions for registration may be renewed if necessary. Registration conditions may include the exclusion criteria referred to in Article 50. Where the entity is a unit within the meaning of Article 5 (1), the exclusion criteria in accordance with Article 50 shall be included in the terms of registration.
The conditions for the registration of suppliers shall be provided to the applicants. Suppliers must be able to apply for approval at any time. The register shall be approved by suppliers meeting the conditions of registration set out by the contracting entity.
Suppliers may also use the resources of other entities as provided for in Article 53 (2). The resources shall be available to the supplier throughout the period of time they have been entered in the supplier register. Where a procuring entity intends to take advantage of any supply of supplier registers held by other contracting entities or other entities, it shall be indicated in the contract notice. At the same time, the names and other contact details of these other entities shall be indicated.
The processing and disposal of personal data contained in the register shall respect the processing and disposal of personal data in the Personal Data Act (523/1999) Is provided separately.
The contracting entity may acquire goods, services and works by using the framework agreement as defined in Article 4 (14). The contracting entity may select suppliers under the conditions laid down in Article 24. Contracts based on a framework agreement shall be concluded between the originals of the framework agreement. The terms of the framework agreement shall not be subject to substantial changes during its period of validity. Where a contracting entity has concluded a framework agreement in accordance with this law, it may apply for direct procurement when awarding contracts based on a framework agreement.
The framework agreement shall not be used in a way that distores, restricts or prevents competition.
This law shall apply to a design contest organised as part of a procedure leading to a service contract and a design contest where participation fees or contributions are paid to participants. The rules of design competition shall be available to interested parties for participation in the design contest. Participation in the design contest shall not be restricted on a regional basis or on the grounds that the participants must be either natural or legal persons.
The number of participants in the design contest may be limited in accordance with pre-announced non-discriminatory criteria. However, a sufficient number of candidates must always be invited to compete in order to ensure genuine competition.
In addition to what is laid down in this Article and Article 28, design contests shall be subject to the legal form of the candidate and tenderer in Article 52, in the form of a participation in the tender procedure in Article 53, in the case of exceptionally low tenders Article 55 and the granting of aid by the contracting entity in the comparison of tenders Article 56.
The design contest shall include a jury whose members shall be independent natural persons participating in the competition. Where a particular professional qualification is required from participants in a contest, at least one third of the members of the jury shall have the same or equivalent qualifications.
The jury shall be independent in its decisions or opinions. The participants' proposals shall be assessed anonymously and on the basis of the criteria set out in the notice of design competition alone. The protection of anonymity shall be maintained until the jury has delivered its opinion or made its decision.
Where appropriate, participants may be asked to reply to questions relating to the minutes of the jury in order to clarify aspects of the plans. A detailed protocol shall be drawn up between the members of the jury and the participants. The jury shall carry out the evaluation of the plans, signed by all members, which shall include the ranking and merit of the plans, the observations of the jury and any circumstances requiring clarification.
A procuring entity may choose a direct contract if:
(1) no applications for applications or tenders or suitable tenders and the terms of the initial call for tender have been substantially altered;
(2) the acquisition is carried out only for research, for experimentation or for product development and not to ensure economic viability or to cover research and development costs; it is also a condition that the award of a contract is without prejudice to Competing procurement contracts;
(3) for reasons of technical, artistic or exclusive rights, only a particular supplier may carry out the contract;
(4) the conclusion of an agreement is strictly necessary and the time limits laid down cannot be complied with for reasons of extreme urgency caused by an independent, unforeseeable consequence of the contracting entity;
(5) the purchase of goods on the basis of the raw material market;
(6) the contract shall be awarded on the basis of a framework agreement in accordance with Article 26;
(7) purchases are made exceptionally cheaply by making use of a very short-term, particularly advantageous offer to purchase goods significantly lower than normal market prices;
(8) goods are acquired in a particularly advantageous manner either from the supplier, or from the liquidator or liquidator, from the end of his business, as a result of insolvency proceedings, an arrangement or an equivalent procedure; or
(9) It is a service acquisition which is carried out on the basis of a design contest and which, according to the rules of the design contest, must be awarded to the winner of the contest; or, if there are a number of winners, with one of them; in that case, all the design competition; The winners must be invited to participate in the negotiations.
A procuring entity may carry out a rectangle when the supply of goods with the original supplier is an additional order designed to partially replace or extend the previous delivery or equipment. It is required that the change of supplier would lead to the acquisition of material with different technical characteristics, which would cause incompatibility or disproportionate technical difficulties in operation and maintenance.
In addition to the provisions of paragraph 1, the contracting entity may award a rectangle in the case of an additional service or additional works not included in the original contract, acquired from the originator, and which is unforeseeable Have proved necessary for the performance of the service or works as originally defined. It is required that additional services or additional works cannot be technically or economically separated from the main contract without causing significant inconvenience to the contracting entity, or even if the additional service or additional works could be distinguished from the original contract , it is absolutely necessary to complete the original agreement.
In addition to the provisions of paragraphs 1 and 2, the contracting entity may award a direct contract in the case of a new works contract or service contract with the original supplier, which was previously awarded on the basis of an invitation to tender. Of a work or service contract. It is required that, in the context of the contract for initial procurement, any subsequent rectangle has been mentioned and that the estimated value of the additional service or of the new works has been taken into account in the calculation of the initial contract Total value.
When setting the time limits for receipt of tenders and requests to participate, account shall be taken of the quality and complexity of the contract and the time required for the submission and submission of tenders. However, the minimum time limits laid down in the law must be respected. The deadlines shall be calculated from the day following the date of dispatch of the contract notice. In the restricted procedure, the offer period shall be calculated from the date on which the invitation to tender was sent.
In the case of an open procedure, the tender shall be at least 52 days. Where the contracting entity publishes the periodic notice referred to in Article 39, the tender shall be at least 22 days. The shortened time limits may be used if the periodic declaration is accompanied by the corresponding information which is reported when the periodic notice is used as an invitation to tender. In addition, the notice has been sent for publication for at least 52 days and not more than 12 months before the date of dispatch of the contract notice.
The time limit may be shortened by seven days if the notifications are sent by electronic means. The deadline may be shortened by five days, if the contracting entity makes all the tender documents available from the date of publication of the contract notice electronically and mentions the Internet address in which the documents Are available.
The cumulative effect of the shortening of time limits shall not lead to a shorter offer than 15 days. If the contract notice is not transmitted by fax or electronic means, the tender shall be equal to at least 22 days.
In the restricted procedure and in the negotiated procedure, the submission of an application for participation shall be reserved for at least 22 days. Where a notice or a request for confirmation of a periodic declaration is made available for publication by electronic means or by fax, the application for participation shall be at least 15 days.
In the restricted procedure and in the negotiated procedure, the contracting entity may agree with tenderers. All tenderers shall be given the same time limit for the preparation and submission of tenders. If the deadline is not reached, the tender shall be at least 10 days.
The tender shall be extended in such a way as to enable tenderers to examine the information necessary for the preparation of the tenders, if the tender documentation or the information requested in sufficient time has not been provided within the prescribed time limits or if: The submission of tenders requires on-the-spot visits or the verification of the documents relating to the invitation to tender. The deadline shall not be extended if the time limit has been fixed in accordance with Article 33 (2) by common agreement.
The invitation to tender shall be made in writing and shall be made clear in such a way as to allow for the provision of a common, comparable and comparable tender. The invitation to tender or the contract notice shall invite suppliers to submit their tenders in writing and within the deadline.
Where the tender notice and the contract notice differ in substance, the contract notice shall apply.
The contracting entity may charge a reasonable fee for the award of the contract documents to compensate for the specific extent, material or equivalent costs.
In the invitation to tender or, where applicable, in the contract notice or in the notice of the existence of a register of suppliers, where such notification is at the same time an invitation to tender, the following shall be:
(1) the determination of the subject of the acquisition, in accordance with the specifications and requirements of Articles 40 and 41 and other quality requirements relating to the subject-matter of the contract;
(2) a reference to any published contract notice;
(3) the time limit for the submission of tenders;
(4) the address to which tenders must be submitted;
(5) the language or languages in which tenders are to be drawn up;
(6) any supporting documents required;
(7) the selection criterion for the tender and the overall economic benefits of the bid reference criteria and their relative weighting or reasonable range, or in exceptional cases, the order of importance of the reference criteria; and
(8) information on the existence of the supplier register.
The invitation to tender or the contract notice shall also contain other information relevant to the procurement procedure and the award of tenders.
In the restricted procedure, the contracting entity shall request the tenderers to submit their tenders in writing. In the negotiated procedure, tenderers shall be asked to enter into negotiations in writing. The invitation to tender or the invitation to negotiate shall be sent simultaneously to all tenderers. The invitation to tender shall be accompanied by an invitation to tender or, if made available by electronic means, an indication of where the documents are available. The invitation shall also specify the time-limits for the submission of a request for documents and for the submission of an offer and any fees and charges to be recovered from the documents.
Where the tender documentation is held by a non-contracting entity, the invitation shall indicate the contact details and the address for which the tender documents may be requested and shall, where appropriate, set a time limit for the submission of the invitation to tender.
Within six days of the request, the contracting entity shall, in an open procedure, send a call for tenders to the tenderers requesting them, if the request has been made in sufficient time before the expiry of the tender. Alternatively, the contracting entity may make the invitation to tender electronically available to the tenderers as a whole from the date of publication of the contract notice at that address.
The tender documents shall be sent in a restricted procedure and in a negotiated procedure only to candidates selected by the contracting entity for the tender procedure.
In the case of a contracting entity or, in the case of a restricted or negotiated procedure, the tender documents are held by a contracting entity other than the contracting entity responsible for the procurement procedure, the competent service shall provide additional information relating to the invitation to tender No later than six days before the end of the bidding period if the additional information is requested in good time.
In the event of a periodic notice, which is the same as a contract notice, the contract notice shall specify the contracts envisaged and indicate the use of a restricted or negotiated procedure. In addition, it shall invite interested suppliers to declare their interest in the acquisition and declare that a new contract notice is not published.
Before the publication of the periodic notice, the contracting entity shall, before the selection of tenderers or bidders to be negotiated, request notification of the tenderers in writing to the contract award procedure in question. In the case of a request, the contracting entity shall send details of the contract to suppliers. The candidates shall be invited to confirm their participation within one year of the publication of the periodic notice.
The precise content of the declaration is laid down by a decree of the Council.
Technical specifications describing the content of the procurement shall be presented in the contract notice or in the invitation to tender. The technical specifications shall allow tenderers equal access to the invitation to tender. The technical specifications shall not unduly restrict competition in public procurement. Where possible, technical specifications shall take into account the needs of disabled users.
Technical specifications shall be drawn up:
(1) by reference to a Finnish or other national standard which brings into force a European standard, European technical approval, official technical specification, international standard or technical reference, or, If the above does not exist, for the purposes of national standard, national technical approval or national design, calculation or execution, or technical document related to the production of products; The words'or equivalent' shall be added;
(2) on the basis of requirements for performance or functional characteristics that are sufficiently precise to determine the subject of the contract and the choice of the tender;
(3) by referring to certain characteristics of the subject of the contract with regard to the technical specifications as referred to in paragraph 1 and to the requirements of paragraph 2 for certain characteristics; or
(4) on the basis of performance or functional requirements and by reference to technical specifications in accordance with paragraph 1, provided that they comply with the requirements for performance or functional characteristics.
Technical specifications shall not mention a particular manufacturer or goods of a particular origin. Furthermore, the technical specification shall not refer to a trade mark, patent, product type, origin, specific method or production in such a way that the reference is favourable to or discriminates against certain tenderers or goods. By way of exception, such a reference shall be permitted only if the subject matter of the contract is not sufficiently precise and clearly described otherwise. The reference shall be accompanied by the words'or equivalent'.
The requirements for performance and functional characteristics referred to in Article 40 (2) (2) may also include environmental performance requirements. The contracting entity may use detailed criteria or, where appropriate, parts thereof, in a European, multinational or other environmental label.
A condition for the use of the Ecolabel criteria or parts thereof is that:
(1) the specifications are suitable for determining the characteristics of the goods or services covered by the contract;
(2) the requirements for the label are developed on the basis of scientific knowledge;
3) all interested parties, such as public authorities, consumers, manufacturers, retailers and environmental organisations, have been able to participate in the drawing up of the label; and
(4) the label is available to all parties.
The contracting entity may indicate that a product or service equipped with a particular Ecolabel shall be deemed to meet the environmental characteristics. However, the contracting entity shall also accept the other evidence submitted by the tenderer, such as the technical document of the manufacturer or the technical report drawn up by the recognised institution.
In his tender, the tenderer shall demonstrate compliance with the requirements set out in the invitation to tender for the goods, services or works offered. Tenders not covered by the invitation to tender or tender shall be excluded from the tender procedure.
Where the contracting entity has drawn up the technical specifications in accordance with Article 40 (2) (1) and the tenderer, in his tender, shows the satisfaction of the contracting entity to the satisfaction of the contracting entity which meets the contracting entity, , the contracting entity shall not reject the tender on the ground that the goods, services or works in accordance with the tender are not in conformity with the technical specification referred to by the contracting entity. The tenderer may use, for example, the manufacturer's technical documentation or the technical report of a recognised institution located in Finland or another Member State of the European Union.
Where the contracting entity has drawn up technical specifications on the basis of performance or functional characteristics, it shall not reject the tender on the ground that the tender does not comply with the requirements laid down if the goods are offered, The service or construction work is in accordance with a European Standard, a European Technical Approval, an official technical specification, an international standard or a technical reference, and these technical specifications concern: The performance or operational capability required by the invitation to tender Characteristics of the characteristics. The tenderer shall demonstrate in his tender to the satisfaction of the contracting entity that the product, service or construction of the standard meets the requirements of the contracting entity's performance and functional characteristics. The tenderer may use, for example, the technical documentation of the manufacturer or the technical report of a recognised institution located in Finland or another Member State of the European Union.
When the contracting entity uses a selection criterion as a selection criterion, it may accept alternative offers. It is required that the submission of alternative tenders has been declared admissible in the contract notice. In addition, it is required that the alternative offer fulfils the minimum requirements set out in the invitation to tender and the requirements for the presentation of alternatives.
Where the contracting entity has indicated that it accepts the submission of alternative tenders, the option shall not be rejected solely on the grounds that it would lead to a supply rather than a supply of goods instead of a supply of goods.
The contracting entity may require tenderers to indicate in their tender which part of the contracts it intends to subcontract to third parties and the proposed subcontractors. Such notification shall be without prejudice to the liability of the principal bidder for the performance of the contract.
The contracting entity may lay down specific conditions for the performance of the contract, which may relate in particular to environmental and social aspects, such as vocational training in the workplace, compliance with the International Labour Organisation (ILO) agreements, Working conditions and working conditions or recruitment of people with disabilities. The conditions are non-discriminatory and comply with Community law and are notified in the contract notice or in the invitation to tender.
The contracting entity may specify in the invitation to tender the authorities from which the tenderer may obtain information on the obligations relating to taxation, environmental protection, employment protection, working conditions or working conditions. The contracting entity shall require tenderers to indicate that they have taken into account the above obligations when drawing up the tender.
Paragraph 1 shall not affect the obligations relating to the verification of abnormally low tenders referred to in Article 55.
Notifications and exchanges of information relating to the procurement procedure shall be communicated by letter, fax or electronic means at the choice of the contracting entity. The means of communication chosen shall be publicly available and shall not restrict the ability of suppliers to participate in the procurement procedure.
The Regulation of the Council of State lays down more detailed provisions on the procedures for the procurement of specific sectors and the methods of communication referred to in Annex XXIV, the technical conditions applicable to electronic communications, and Other communication obligations.
The contracting entity shall select candidates and tenderers in accordance with the objective criteria set out in advance. The contracting entity shall exclude tenderers or candidates who do not fulfil those conditions. The selection criteria for the candidate and tenderer shall be available to suppliers. In the context of the negotiated procedure, the contracting entity shall, where appropriate, reduce the number of tenderers in accordance with the notified criteria.
When establishing unbiased criteria, the contracting entity may also use the criteria relating to the assessment and selection of the candidates and tenderers laid down in Chapter 8 of the Procurement Act, and in particular those provided for in Article 54 of that Chapter. The criteria relating to the exclusion criteria, the financial and financial situation set out in Article 58 or the conditions of technical performance and professional competence laid down in Article 59.
The criteria may relate to the need for a contracting entity to reduce the number of tenderers so that the resources available to the procurement procedure are proportionate to the nature of the procedure used. However, the number of bidders must ensure sufficient competition.
The candidate or tenderer shall be excluded from the tender, the suitability of the candidate or tenderer shall otherwise be assessed and the tenderers chosen before the comparison of the tenders. However, in accordance with Article 50, the candidate or tenderer may subsequently be excluded from the tendering procedure during the tendering procedure from the basis of the exclusion of the information from the contracting entity. A contracting entity which has notified the criteria for the mandatory exclusion of candidates or tenderers shall exclude candidates or tenderers from the tendering procedure for which the exclusion criteria are met.
The contracting entity shall verify that tenders submitted by tenderers comply with the invitation to tender and shall reject the tenders which are not answered.
The contracting entity referred to in Article 5 (1) shall, by decision, exclude the tenderer or tenderer from the invitation to tender if the contracting entity is aware that the candidate or tenderer or its management, decision or supervisory powers The person using the criminal record has been convicted of any of the following offences:
1) Criminal law Article 17 (1) (a) of Chapter 17 The involvement of organised crime organisations;
(2) Article 13 of Chapter 16 of the Penal Code The provision of a bribe in accordance with Article 14 (14) of Chapter 16, or bribery in accordance with Article 7 of Chapter 30;
(3) Article 1 of Chapter 29 of the Penal Code Or gross tax fraud in accordance with Article 29 (2) of Chapter 29, aid fraud in accordance with Article 5 (5) of Chapter 29, gross grant fraud in accordance with Article 6 of Chapter 29; misuse of a grant under Article 7 of Chapter 29;
(4) Article 6 of Chapter 32 of the Penal Code Or serious money laundering in accordance with Chapter 32, Section 7; or
(5) Chapter 47 of the criminal code Article 3a of the European Parliament and of the Council.
The invitation to tender shall also be closed for the offence referred to in paragraph 1 Chapter 9 of the criminal code , the candidate or tenderer sentenced to the entity.
The contracting entity shall also exclude from the tendering procedure a candidate or tenderer in another State on the basis of a criminal conviction in respect of the corresponding offence referred to in paragraph 1. In the Member States of the European Community, the provisions concern the following offences referred to in European Community law:
1) the activities of a criminal organisation as defined in Article 2 (1) of Council Framework Decision 98 /773/JHA concerning the criminalisation of participation in a criminal organisation in the Member States of the European Union;
(2) bribery, on the basis of Article 3 (2) (c) of the Treaty on European Union, on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union Article 3 of the Convention of May 1997 and Article 2 (1) (a) of Council Framework Decision 2003 /568/JHA on combating corruption in the private sector;
(3) fraud within the meaning of Article 1 of the Convention on the protection of the Communities' financial interests; and
4) money laundering as defined in Article 1 of Council Directive 91 /308/EEC on prevention of the use of the financial system for the purpose of money laundering.
Derogation from the obligation to tender for the offence referred to in this Article for the offence referred to in this Article may be waived on the basis of an overriding reason relating to the general interest or on the ground that the sentenced person no longer works In charge of the undertaking which made the offer.
Contracting entities other than those referred to in Article 5 (1) shall have the right to exclude candidates or tenderers from the tendering procedure on the grounds mentioned in this Article.
When selecting tenderers in a restricted or negotiated procedure, when adopting a decision approving the supplier register or renewing the conditions and rules for the approval of a supplier register, the contracting entity shall apply: The administrative, technical or financial conditions which it has set out in a balanced and non-discriminatory manner. Suppliers shall not be required to carry out tests or studies which duplicate existing objective evidence.
In the case of the execution of a works or the purchase of a service, the contracting entity may request, in respect of the subject matter of the contract, a report from candidates or tenderers as to how the scheme of the candidate or tenderer meets the protection of the environment. Requirements. Where required by the contracting entity, certifications by independent institutions that the supplier complies with the requirements of environmental management standards shall refer to the Community eco-management and audit scheme (EMAS) or Standards for environmental management based on European or international standards which have been confirmed by bodies which comply with European or international standards on Community legislation or certification. The contracting entity shall also accept the corresponding certificates of the other institutions of the other Member States of the European Union as well as the certificates issued by suppliers for equivalent environmental measures.
In order to do so, the contracting entity may request a report from candidates or tenderers on quality assurance measures. Where required by the contracting entity, certificates drawn up by independent institutions certifying that the tenderer meets the requirements of quality assurance standards shall refer to quality assurance systems based on the relevant European standards series, which: The European standards series on certification have been confirmed by the institutions. The contracting entity shall also accept the corresponding certificates of the institutions of the other Member States of the European Union as well as the certificates submitted by the tenderers in respect of equivalent quality assurance measures.
A candidate or tenderer who may provide the services subject to the contract in accordance with the legislation of his country of establishment shall not be rejected on the sole ground that, under the law of the Member State of the European Union where the contract is awarded, , it shall be either a natural or legal person.
The contracting entity may require candidates or tenderers to indicate in their tenders or in their applications for participation in their tenders or in their applications for participation in the service contracts and works contracts, or The names and professional qualifications of the persons responsible for the execution of the works.
Suppliers are allowed to submit tenders or to register as a candidate. A contracting entity shall not require a particular legal form of a group of candidates or tenderers to submit a tender or a request for participation. However, a group may be subject to a specific legal form during the contract if it is necessary for the proper performance of the contract.
The candidate or tenderer may use the resources of other entities to carry out the contract, irrespective of the legal nature of the relations between them. The group may use the resources of the group or other entities to carry out the contract. The candidate or tenderer or their group shall demonstrate to the contracting entity the fulfilment of the economic and financial situation, technical performance and professional competence and other requirements. For example, contracts between undertakings or other commitments may be used to demonstrate that the resources meeting the required conditions are available to the candidates or tenderers or to the group.
Tenders shall be approved by the entity which is economically advantageous to the contracting entity on the basis of comparative criteria relating to the subject of the contract or the cheapest price. For example, the benchmark criteria for the most economically advantageous tender can be used for quality, price, technical merit, aesthetic and functional characteristics, environmental friendliness, operating costs, cost-effectiveness, sales After service and technical assistance, maintenance services, delivery date or delivery time or life cycle cost.
In addition to the provisions laid down in paragraph 1, the contracting entity may also take into account economic and qualitative criteria relating to the needs of the public concerned and to meet environmental requirements in the assessment of overall economic benefits. If such criteria are measurable and relate to the subject-matter of the contract. Under the same conditions, the contracting entity may also take into account criteria relating to the needs of a particularly vulnerable section of the population, if such factors are defined in the technical specifications.
When the selection criterion is used, the reference criteria and their relative weighting shall be indicated in the contract notice or in the contract documents. The weighting can also be expressed by reporting a reasonable range. Where it is not reasonably possible to express the relative weighting of the reference criteria, the reference criteria shall be indicated in order of importance.
The contracting entity may reject an exceptionally low price on the quality and scale of the contract. The contracting entity shall, in writing, request a written report from the tenderer on the basis of the tender before rejecting the tender.
The request referred to in paragraph 1 may relate in particular to the economic and technical solutions of the manufacturing process, the performance of the service or the construction method, the exceptionally favourable conditions for the performance of the contract, The originality of the solution, the compliance of the contract with the obligations relating to employment protection and working conditions, or the State aid provided by the tenderer. The contracting entity shall check the main points of the tender on the basis of a report.
The contracting entity may reject an offer which is abnormally low as a result of unlawful State aid to the tenderer. Prior to the rejection decision, a reasonable period shall be provided for the tenderer to demonstrate that the State aid has been granted legally.
Where the tenderer is a unit of the contracting entity's own organisation or, where the tenderer has received or is receiving financial support from the contracting entity, the contracting entity shall take account of the following: , such as the financial support referred to above, the actual offer price.
The offer for the purchase of goods may be rejected if the share of products from third countries complying with Council Regulation (EEC) No 2913/92 is more than 50 % of the products covered by the tender Total value. Software used in telecommunications networks is also considered to be such products.
In the case of two or more tenders, on the basis of the reference criteria referred to in Article 54, preference shall be given to the offer which cannot be rejected in accordance with paragraph 1. The prices of tenders shall be considered equivalent in accordance with this Article if their price difference does not exceed 3 %.
However, a tender shall not be given priority under paragraph 1 if its approval would oblige the contracting entity to acquire equipment with different technical characteristics in relation to existing equipment, and would lead to: Technical difficulties or disproportionate costs related to incompatibility or maintenance or maintenance.
Paragraphs 1 and 2 shall not apply to tenders containing products originating in third countries with which the European Community has concluded a multilateral or bilateral agreement to ensure that Community undertakings: Ensuring equal and effective access to the markets of these third countries.
The contracting entity shall make decisions affecting the status of candidates and tenderers as well as a written decision on the award of the tender procedure, which shall be justified.
The decision or the documents relating thereto shall contain elements which have been substantially affected by a decision rejecting at least the candidate, the tenderer or the tenderer, and the reasons for the comparison of the tenders accepted. In addition, the decision or the accompanying documents shall indicate the time after which the contract may be awarded.
The contracting entity does not need to take a decision within the meaning of Article 26 on the basis of the framework agreement referred to in Article 26, the additional order referred to in Article 30 or the acquisition referred to in Article 93 of the contract Organisation.
The procurement procedure may be suspended only for a real and justified reason.
In the case of a decision suspending the procurement procedure, the provisions of Article 58 shall apply to the award decision.
The contracting entity shall attach to its decision a complaint which explains how it is possible to refer the matter to the market law and the contact details of the contracting entity to which the applicant is required to inform And instructions for the use of a remedy ( Adjustment instruction ) explaining how the candidate or tenderer can retable the case as a contract adjustment.
The adoption and correction of a statement of appeal and correction shall be applied otherwise, in respect of which, in the case of a complaint, (586/1996) And, as regards the remedy, the Administrative Code (434/2003) Provides.
The decision taken by the contracting entity and the grounds of appeal and the rectifying instruction shall be notified in writing to those concerned. The decision, together with the documents mentioned above, shall be communicated using electronic contact information communicated by the candidate and tenderer to the contracting entity. When electronic contact information is used, the candidate and the tenderer shall be deemed to have been informed of the decision, together with the accompanying documents, on the date on which the electronic message containing those documents is available to the consignee in the reception apparatus, That the message can be addressed. At such a time, the date of dispatch of the message shall be deemed to have been sent, unless there is a reliable explanation of the failure of the communication links or any other fact which has led to the receipt of an electronic message to the recipient at a later date. When an electronic service is used, the contracting entity shall communicate its message separately from the date of dispatch of the message.
The decision, together with the grounds of appeal and the complaint, may also be served as an ordinary letter, as provided for in the Administrative Act. The candidate and the tenderer shall be deemed to have been informed of the decision on the seventh day of sending them, unless the candidate or tenderer appears to have been notified later.
Following the award of a contract, the contracting entity shall award the contract. The contract shall be awarded by the signature of a written contract.
A contract may be awarded no earlier than 21 days after the candidate or tenderer has received or is deemed to have received a decision and a complaint ( Waiting time ).
The standstill period is not applicable.
The effect of the appeal on the award of the contract is governed by Article 90 of the Procurement Act.
The waiting period is not required if:
(1) the contract is awarded to the only admissible tenderer and there are no other bidders or candidates who are affected by the choice of the contractual partner;
2) the contract concerns the acquisition of a dynamic purchasing system.
In the case of a contract, the contracting entity may, after the contract award decision, submit a notice of direct purchase prior to the award of the contract. In such cases, the contract may be awarded no earlier than 14 days after publication of the notice in the Official Journal of the European Union.
Procurement in the scope of this law shall apply mutatis mutandis to the supply adjustment provided for in Articles 80 to 83 of the Procurement Act. Article 83 of the Procurement Act applies to contracting entities within the meaning of Article 5 (1) of this Law.
Charges to public access to documents and documents of the contracting entity and to the right of access to documents shall be governed by the law of the public authorities (18/09/1999) Where the contracting entity is a public authority within the meaning of Article 4 of that law, or if it is required to comply with the law in the rest of the law.
The right to be informed by a contracting entity other than the contracting entity referred to in paragraph 1 to be informed of the documents drawn up and obtained for the purpose of the processing of the tender and the professional secrecy of the service of the contracting entity. The law on public access to documents, the right to public access to documents and the handling and settlement of the matter of access to information are governed by the law on public access to documents.
The decision of the contracting entity, which has resolved the issue of access to the document, shall be subject to appeal as provided for in Article 33 of the Law on the operation of public authorities. The administrative right to examine the appeal against a decision of a non-governmental contracting entity is the administrative law in the territory of the jurisdiction of which the contracting entity is located.
Procurement under this Act shall apply mutatis mutandis to the remedies and penalties provided for in Chapter 11 of the Procurement Act.
Without prejudice to the confidentiality of the acts of the public authorities or any other law provided for by law, the contracting entity shall provide the Finnish authorities and the institutions of the European Union with a view to the monitoring of procurement and exchange of information. To the extent required by Union law, statistical information and other information on the different stages and procurement of the procurement. The Ministry of Employment and the Economy shall, notwithstanding the provisions of confidentiality, continue to provide information to the European Union authorities on the basis of this law.
The Decree of the Council of State lays down more detailed provisions on the statistical obligations referred to in Article 67 of the procurement directive, as referred to in Article 67 of the Procurement Directive, and of the obligation to draw up specific sectors The procurement procedures and procurement decisions required by Articles 19, 20, 23, 49 and 50 of the Procurement Directive and other information to be provided to the institutions of the European Union.
The Government Decree may, if necessary, lay down the conditions for the use of the dynamic purchasing system and the use of electronic auctions as well as procedural requirements.
This Act shall enter into force on 1 June 2007.
This law shall apply to supplies where the procurement procedure is initiated after the entry into force of the law. Before the law enters into force, action can be taken to implement it.
The procurement procedure shall be deemed to have commenced at the time of publication of the contract notice. In the case of projects which do not require the publication of a contract notice, the acquisition shall be deemed to have commenced at the time when the invitation to tender or the invitation to negotiate or negotiations with the suppliers are initiated.
This law shall apply to the procurement of entities operating in the postal services sector from 1 January 2008.
THEY 50/2006 , TaVM 26/2006, EV 256/2006, Directive 2004 /17/EC of the European Parliament and of the Council (32004L0017); OJ L 134, 30.4.2004, p. 1, Commission Directive 2005 /51/EC (32005L0051); OJ L 257, 1.10.2005, p. 127, Council Directive 92 /13/EEC (31992L0013); OJ L 076, 23.3.1992, p. 14This Act shall enter into force on 1 January 2009.
THEY 150/2008 , TaVM 16/2008, EV 112/2008
This Act shall enter into force on 1 June 2010.
Where the procurement procedure has been initiated before the entry into force of this Act, the procurement shall be subject to the provisions in force at the time of entry into force of this Act. The procurement procedure shall be deemed to have commenced at the time of publication of the contract notice. A procurement which does not require the publication of a contract notice shall be deemed to have commenced at the time when the invitation to tender or the invitation to negotiate has been sent or the negotiations with the suppliers.
Notwithstanding the provisions of paragraph 2, pending the entry into force of this Act, pending the entry into force of this Act, cases pending before the entry into force of this Act Provisions. However, in the case of such a case, the provisions referred to in Article 67 shall apply to the allocation of the obligation to pay the penalty, the penalty payment and the costs of legal proceedings and the imposition of costs.
Where the procurement procedure has started before the entry into force of this Act and the decision of the contracting entity or any other solution of the procurement procedure which has an impact on the status of the candidate or tenderer, it shall take effect after the entry into force, the contract and the proceedings of this law By way of derogation from paragraph 2, Articles 59, 65 and 67 of this Act shall apply. In addition, the provisions referred to in Article 67 concerning the allocation of penalties, periodic penalty payments and costs of legal proceedings and the imposition of costs shall also apply to market law after the entry into force of this Law. Future applications for decisions taken before the entry into force of this Act.
Before the law enters into force, action can be taken to enforce the law.
THEY 190/2009 , TaVM 2/2010, EV 24/2010, Directive 2007 /66/EC of the European Parliament and of the Council (32007L0066) OJ L 335, 20.12.2007, p. 31
This Act shall enter into force on 1 October 2011.
THEY 182/2010 , TaVM 48/2010, EV 347/2010, Directive 2004 /17/EC of the European Parliament and of the Council (32004L0017), OJ L 134, 30.4.2004, p. 1-113
This Act shall enter into force on 1 January 2012.
THEY 76/2011 , PuVM 3/2011, EV 106/2011, Directive 2009 /81/EC of the European Parliament and of the Council (32009L0081); OJ L 216, 20.8.2009, p. 76-136
