Team (2013:311) Concerning Optionality System In Terms Of Services For Electronic Identification

Original Language Title: Lag (2013:311) om valfrihetssystem i fråga om tjänster för elektronisk identifiering

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2013:311

Introductory provisions



paragraph 1 of this law provides for the application of

free market system in terms of services for electronic

identification.



The law applies when a contracting authority has



1. decided to apply free market system in terms of services

for electronic identification of individuals in the Authority's

electronic services,



2. subscribed to a system of secure electronic

the identification provided by the authority

the Government, and



3. instructed the authority referred to in 2, in the

Contracting Agency name administering

optionality system pursuant to paragraphs 3 to 14, bringing its action in connection

with the goal of correction under section 16 and, if necessary, take

correction under section 17.



2 § With optionality system referred to in this law, a procedure in which

the individual has the right to choose the supplier who will perform

the service and which a contracting authority has approved and

signed a contract with.



The terms specifications, contracts and Contracting

in this Act, an authority has the same meaning as in the Act

(2007:1091) on government procurement.



section 3 of the contracting authority shall treat the

equally and without discrimination. The

Contracting authorities shall observe the principles of transparency,

mutual recognition and proportionality when applying the

free market system.



Advertisement and inquiry



paragraph 4, a contracting authority which has decided to set up

or change an optionality system to advertise on a

National Web site has been prepared for the purpose.

Applications must continuously be requested by such advertising.



The tender documents will be available on

the site together with the ad.



paragraph 5 of the basics of the financial compensation to a

supplier shall be indicated in the specifications.



section 6, the contracting authority may lay down special conditions

how a contract is to be performed. All terms shall

specified in the ad about the free market system or in

the specifications.



paragraph 7 of the notice or the tender documents shall specify the

how the application should be submitted.



In the contract documents shall specify the period within which the

Contracting Authority will decide whether to approve.



Application



section 8 Suppliers may submit an application on their own or

together with other suppliers. The Contracting

the authority may not set up conditions that a group should

have a specific legal form in order to get to submit an application. The

However, the contracting authority may request that a group should have

a specific legal form when it has been awarded a

contract, if necessary to the contract shall be

carried out in an acceptable manner.



§ 9 an applicant may invoke other business

economic, technical and professional capacity of the application.

The applicant shall provide a declaration by the

the companies in question or otherwise demonstrate that the

will have at its disposal the necessary resources when the contract

to be performed.



Exclusion of applicant



section 10 of the contracting authorities may exclude an applicant

as



1. they are bankrupt or being wound up, is in receivership

or is the subject of chords or until further notice has set

their payments or are subject to disqualification,



2. is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding-up,

chords or other similar proceedings,



3. by a final judgment is convicted of offences relating to

professional practice,



4. can be shown to have been guilty of

professional practice,



5. have not fulfilled their obligations relating to the

social security contributions or the payment of taxes in their home country or a

State of the European economic area,

or



6. in any material respect, has failed to provide

information or have provided incorrect information which has

been requested under section 11.



If the applicant is a legal person, the applicant may be excluded if

a representative of the legal person has been convicted of

such an offence referred to in the first subparagraph 3 or

owing to such a failure referred to in the first subparagraph 4.



section 11 of the contracting authority may require the applicant

shows that there is no reason to exclude this

with the support of 10 paragraph 1, 2 or 5.



The contracting authority shall as evidence that it is not

There is a basis to exclude a claimant to accept excerpts from a

official register or other equivalent document when it

apply a ratio referred to in paragraph 10, first paragraph 1

or 2 and a certificate from a competent authority in the case of

a relationship referred to in section 10 first paragraph 5.



If, in the case of an applicant who is not a national of or

resident in Sweden, the documents or certificates referred to in

the second subparagraph shall not be issued in the applicant's home country or

country of origin, or do not cover all the cases referred to

in paragraph 10, first paragraph 1, 2 and 5, they may be replaced by a

the affidavit submitted on his/her honour or of a

a similar declaration. Such applicants may also be required to

view that there is no basis to exclude him on the basis

first paragraph of section 10 3 or the second subparagraph.



If an applicant is registered in an official list of

approved service providers in a country within the European

economic area, should the contracting authority

assume that the applicant cannot be excluded as a supplier

According to paragraph 10, first paragraph 1 – 5.



Approval of applicants and conclusion of contract



section 12 of the contracting authority shall accept all

applicants who meet the requirements of the ad and

the specifications and which are not excluded by virtue

of section 10.



paragraph 13 of the applicant for approval shall be part of the

data supplied to the case by someone else and get

opportunity to respond to such information before the case

is determined.



A final decision in a case if the authorisation pursuant to this

law shall contain the reasons for the decision. A decision not to

approve an applicant shall also include an explanation of how

to apply for redress.



The applicant shall promptly be notified of the decision. A

notification shall also be given in the Contracting

the authority decides to abort the establishment of a

free market system.



section 14 If the contracting authority has given his

approval in accordance with section 12, the contracting authority shall, without

delay sign a contract with the supplier.



Information



section 15 of the contracting authority to individual leave

information on all suppliers by the Contracting

the Agency has signed contracts with in the framework of a

free market system. The information must be factual, relevant,

comparable, understandable and accessible.



Remedies



section 16 of a vendor who claims that a Contracting

Authority has violated a provision of this Act,

apply for the rectification of the General Administrative Court.



Only the applicants who have not been accepted may apply for

rectification of decisions under section 12.



An application for rectification must be in writing.



section 17 if the contracting authority has violated any

provision of this law and this has led to a

supplier has suffered or may suffer injury,

the right to decide that the contracting authority should take

correction.



section 18 an application for amendment under section 16 shall be made in the

administrative law in whose district the authority referred to in paragraph 1 of the

the second subparagraph 2 is resident.



An application under section 16 of the second subparagraph shall be notified to

the administrative court within three weeks from the time an enlightenment

submitted under paragraph 13.



Leave to appeal is required in case of appeal to the administrative law.



section 19 of A contracting authority which has failed to comply with

the provisions of this Act shall pay the applicant thereby

resulting damage.



An action for damages shall be brought before the ordinary courts.



An action for damages based on a decision not to

approve an applicant shall be brought within one year from the date of

the decision. Brought not the action in time, is the right to damages

lost.



section 20 of the provisions in paragraphs 16 to 19 of the rectification and indemnity

does not apply in respect of information set out in section 15.



paragraph 21 of the decision that this law is applicable to must not

be appealed with the backing of 10 Cape. Local Government Act (1991:900).



Supervision



section 22 of the authority the Government supervising

over this law is followed.



The supervisory authority may obtain the information that is

necessary for supervision from a contracting authority and

from the authority referred to in paragraph 1, second subparagraph 2.

This information is primarily collected through a

written procedure. If because of the material's range,

urgency or any other relative is more appropriate,

the information obtained through visits, instead of the

the contracting authority or the authority referred to in paragraph 1 of the

second paragraph 2.



The contracting authority and the authority referred to in paragraph 1 of the

second paragraph 2 is obliged to provide the information

as the supervisory authority is requesting for their supervision.