Procurement Regulation (2011:1040)

Original Language Title: Upphandlingsförordning (2011:1040)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:1040

Contents of the regulation



Article 1 this regulation lays down provisions supplementing

Act (2007:1091) concerning the public procurement Act (2007:1092)

about procurement in the water, energy, transport and

postal services and the law (2011:1029) on the procurement of defence

and security area.



Regulations about advertising



Mandatory and non-mandatory advertisement of procurement



section 2 of an advertisement contract notice according to Chapter 7, chapter 13. 2 and 5 sections

and chapter 14. section 5 of the Act (2007:1091) concerning public procurement,

Chapter 7. and chapter 13. section 5 of the Act (2007:1092) concerning procurement in

the water, energy, transport and postal services or

Chapter 8. Act (2011:1029) on the procurement of defence and

the security field should be sent electronically or otherwise

to the European Commission for publication. A Contracting

authority or entity may also publish procurement on

otherwise subject to paragraphs 7 to 9 are complied with.



Information about planned procurements (advertising)



section 3 of the prior ad according to Chapter 7. section 2 of the Act (2007:1091) concerning the

public procurement, Chapter 7. section 3 of the Act (2007:1092) if

procurement in the water, energy, transport and

postal services or Chapter 8. section 2 of the Act (2011:1029) on procurement

in the field of defence and security, a contracting authority

or device for the procurement of goods enter the total estimated

the value per product area by reference to the CPV nomenclature

as described in Chapter 2. paragraph 5 of the law on public procurement, Chapter 2.

paragraph 5 of the law on procurement in the water, energy,

transport and postal services and Chapter 2. paragraph 5 of the law on

procurement in the field of defence and security.



In an ad that refers to the services, the Contracting

authority or entity enter the total estimated value in

each service category listed in annex 2 (A) to

the respective teams.



In an ad that refers to public works contracts, the

contracting authority or entity enter the material

the characteristics of each contract or framework agreement.



4 section a preview ad according to Chapter 7. section 2 of the Act (2007:1091) concerning the

Government procurement or Chapter 7. section 3 of the Act (2007:1092) if

procurement in the water, energy, transport and

postal services relating to goods or services shall, as soon as possible

After each budget year to be sent to the European

Commission for publication. Relate to prior ad

works should be sent as soon as possible.



An advertisement in accordance with Chapter 8. section 2 of the Act (2011:1029) if

procurement in the field of defence and security shall, as soon as it

is possible be sent to the Commission for publication.



Ex ante advertising on a buyer profile



section 5, a contracting authority or entity, instead of

the measures referred to in paragraph 4 of the publish preview your ad on

the Authority's or device's buyer profile. In such a case,

the contracting authority/entity send a

message electronically to the European Commission that

its publication on the buyer profile instead.

Preview your ad may not be published on the buyer profile

before the message is sent to the Commission. The ad should

indicate the date the message was sent.



The design and publication of advertisements



section 6, a contracting authority or entity may choose on which

of the languages of the European Union an advertisement to be published. Only

the text of the published language version shall apply.



Article 7 a contracting authority or entity may not on their own

publish or otherwise make public the contents of

an advertisement before it is submitted to the European Commission.



The first subparagraph shall not apply to efterannonsering according to Chapter 7. paragraph 3 of the

first subparagraph, Act (2007:1091) concerning public procurement,

Chapter 7. first subparagraph of paragraph 6 of Act (2007:1092) concerning procurement in

the water, energy, transport and postal services or

Chapter 8. section 3(1) the law (2011:1029) on procurement of

defence and security.



An ad or an ad published by the

contracting authority or entity on their own may not

include any more information than that which has been sent

to the Commission or its publication on the

the buyer profile. Ad or ad to

indicate the date on which it was sent to the Commission

or the ad its publication on the buyer profile.



section 8 a contracting authority or entity should be able to view the

today an ad under the first subparagraph of paragraph 7 is submitted for

publication or a notice under section 5 has been sent to

The European Commission.



§ 9 an ad or a message that a Contracting

authority or body shall send to the European Commission

should have the format shown in the Commission's

implementing Regulation (EU) No 842/2011 of 19 August 2011

establishing standard forms for the publication of

notices of public contracts, and repealing

Regulation (EC) No 1564/2005. Even a preview ad as a

General address of the contracting authority or entity publishes on

the buyer profile and a notice under section 5 if such

publication shall have this format.



By proceeding with the shortened time-limits referred to in Chapter 8. section 8

Act (2007:1091) on government procurement or Chapter 9. 7 §

Act (2011:1029) on the procurement of defence and

the safety zone will be an ad or message is sent

either by fax or electronic medium with another.

An advertisement or a notice under the Act on public

contracts or the law of contracts in the fields of defence and

the security field is sent without the help of electronic means

shall be limited to approximately 650 words.



Ad ex ante transparency



10 § ad ex ante transparency according to chapter 15. 5 a of the Act

(2007:1091) concerning public procurement, chapter 15. 5 a of the Act

(2007:1092) on procurement in the water, energy,

transport and postal services sectors or 15 Cape. section 7 of the Act

(2011:1029) on procurement in the field of defence and security

should contain



1. the contracting authority's or device's name and

contact information,



2. the subject-matter and value of the contract,



3. name and contact data of the

awarded the contract,



4. the reasons why the tender has not been announced, and



5. the information is otherwise relevant.



Special provisions on advertising under the law on

procurement in the water, energy, transport and

postal services



Additional advertising



section 11 for larger projects, the ex ante advertising under the Act

(2007:1092) on procurement in the water, energy,

transport and postal services be done without information that has

admitted in an earlier prerelease advertisement is repeated, if it clearly

Specifies that the new ad is a supplementary ad.



Information about contracts for research and development at

an announcement on the outcome of a procurement (efterannonsering)



section 12 At efterannonsering under Chapter 7. section 6, first paragraph

Act (2007:1092) on procurement in the water, energy,

transport and postal services with regard to the award of a

service contracts for research and development and that

According to Chapter 4. 2 section 2 of the same law are made without prior advertising,

gets the entity instead of data on

nature and quantity of the services set to contract for the purpose of research

and development services.



If the contracting entity has awarded a service contract

as regards research and development after the negotiated

procedure with prior advertising and need to limit the

data on the quantity and nature of the services with respect to

protection of trade secrets, information at

efterannonsering, however, be at least as detailed as the information

in the advertisement of procurement.



If the contracting entity uses a system of qualification

According to Chapter 11. paragraph 2 of the law on procurement in the water,

energy, transport and postal services, the data that

provided about the award of contracts relating to research and

development to be at least as detailed as the description of the

category referred to in the list of suppliers

that will be established under Chapter 11. paragraph 6 of the same law.



Regulations on safety devices for equipment

electronic receipt of documents



paragraph 13 of the safety devices according to Chapter 9. section 3 of the Act (2007:1091) concerning public procurement, Chapter 9. section 3 of the Act (2007:1092) on procurement in the water, energy, transport and postal services sectors and 10 Cape. section 3 of the Act (2011:1029) on procurement in the field of defence and security,



1. make it possible to obtain a precise point in time when the documents were received, 2. within reasonable limits to ensure that no one has access to the data transmitted electronically before the specified deadlines for various actions, 3. ensure that there are systems which means that it is possible to receive all or part of the data submitted in a contest or only on the persons who are competent to act at the same time, and 4. ensure that the information is not available until after a certain date in order to take advantage of the data.



Regulations on the content of the Protocol



paragraph 14 of the Protocol shall, in addition to Chapter 9. section 12 of the Act

(2007:1091) concerning public procurement and 10 Cape. section 12 of the Act

(2011:1029) on procurement in the field of defence and security

include information on



1. the contracting authority or entity's name and address

and the subject-matter and value of the contract or framework agreement,



2. the names of the successful candidates or tenderers and


the reasons for their selection,



3. the names of the candidates or tenderers who do not

accepted and the reasons for it,



4. the name of the successful tenderer and the reasons

to his or her tender was selected and, if known,

the share of the contract or framework agreement which the

successful tenderer intends to subcontract to third parties;



5. the reasons why the contracting authority/entity

decided not to award a contract or framework agreement, and



6. reasons why the competitive dialogue.



General administrative judicial duty to notify



15 § public administrative court should to the Finnish competition authority

send a judgment or a final decision in a case concerning

Justice according to law (2007:1091) concerning public procurement,

Act (2007:1092) on procurement in the water, energy,

transport and postal services Act (2011:1029) if

procurement in the field of defence and security.