paragraph 1 of this law provides for the application of
free market system in terms of services for electronic
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
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
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.
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
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
4. can be shown to have been guilty of
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,
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
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.
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.
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
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
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
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).
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.