Law (2011:1029) On Procurement In The Field Of Defence And Security

Original Language Title: Lag (2011:1029) om upphandling på försvars- och säkerhetsområdet

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:1029

1 Cape. Content and scope of the Act and the General

provisions



Legal content



section 1 of this Act are regulations on



-legal content and scope and the General

provisions (Chapter 1),



-definitions (Chapter 2),



-thresholds (3 chapters),



-tendering procedures (Chapter 4),



-a framework agreement (Chapter 5.),



-electronic auction (Chapter 6),



-technical specifications, information security and

security of supply, etc. (7 chapters),



-advertisement of procurement (Chapter 8),



-deadlines to submit requests to participate and tenders

accommodation (9 kap.),



-communication, information and documentation (Chapter 10),



-exclusion of providers (11 kap.),



-monitoring of vendors ' suitability and choice of participants

accommodation (12 chapters),



-the award of contracts (Chapter 13),



-subcontracting (14 ch.),



-procurement not covered by the directive (Chapter 15),



-Contracting locking, justice and reparation (chap. 16),



-procurement analysis fee (chapter 17), and



-supervision (chapter 18).



To the law include the following attachments:



-List of works contracts (annex 1)



-List of service contracts (A) (annex 2)



-List of service contracts (B) (annex 3)



-Definition of certain technical specifications (annex 4)



The scope of the law



section 2 of this Act apply, subject to the exceptions provided for in 7-10 sections, for

procurement in the field of defence and security of the



1. military equipment, including all associated parts,

components or parts of components,



2. equipment of a sensitive nature, including any associated

parts, components or parts of components,



3. works, supplies and services directly related

to the equipment referred to in 1 and 2, throughout its

life, or



4. works and services specifically designed for

military purposes or works and services of

sensitive nature.



What is meant by procurement, military equipment and

equipment of a sensitive character specified in Chapter 2. 28, 18

and section 29.



Only 15 Cape. apply to contracts



1. have as their object services listed in annex 3 (B), or



2. relating to other contracts, the value of which is less than the

thresholds laid down in the law.



A procurement relating to both (A) and (B) services to

be deemed to be a contract of services about the value of A

services exceeds the value of B services. In other cases,

the contract as a whole is considered to be a procurement of B

services.



The Government announced in Svensk författningssamling CPV

the reference number of the public works contracts as well as A services and

(B) services.



Of procurement referred to in section 9, exemptions may be made from this

law only by virtue of the provisions of the said section.



Other laws on procurement



3 § there are provisions on public procurement law

(2007:1091) concerning public procurement and contract notice in

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

transport and postal services.



Contracts falling within several areas of application



section 4 If a procurement covered by this law, as well as the law

(2007:1091) on the award of public contracts or the law (2007:1092)

about procurement in the water, energy, transport and

postal services, this law shall apply.



5 § when a call for competition is partly covered by this law but in

not covered by the Act (2007:1091) on public

procurement or Act (2007:1092) on procurement in the

the water, energy, transport and postal services

This law does not apply.



section 6, It is said in the 4 and 5 sections only applies on the allocation of

a single contract is justified by objective reasons.



A decision to award a single contract may be taken for

to ensure that procurement covered by this law, the law

(2007:1091) on the award of public contracts or the law (2007:1092)

about procurement in the water, energy, transport and

postal services.



Exemptions from the scope



section 7 of this Act do not apply when article 36, 51, 52 or 62 in

the Treaty on European Union (TFEU)

apply.



Procurement under other international rules



section 8 of this Act do not apply to contracts covered by

specific procedural rules



1. in accordance with an international agreement or a

agreement between one or more States within

European economic area (EEA) and one or

some other States,



2. in accordance with an international agreement or a

Agreement relating to the stationing of military personnel and

related to a State's obligations, or



3. applied by an international organization that makes

purchases for their own use, nor contracts

assigned by a State within the EEA, in accordance with such special

procedural rules.



Except in the case of contracts relating to arms, etc.



section 9 in the case of contracts relating to such production of

or trade in arms, munitions and war material

subject to article 346 (1) b of the Treaty on the functioning of the EU and where 7 or 8

§ 10 paragraph or 2-4 or 10 is not applicable

get the Government on a case by case basis, decide on the exemptions from

the provisions of this act as is necessary having regard to

the Kingdom's essential security interests.



Swedish defence materiel Administration may decide on such exceptions

referred to in the first paragraph of the contract



1. refers to the extension of an invitation to tender where the Government earlier

decided on exemptions on the basis of the first subparagraph,



2. relating to the goods, services or works under

for one of Sweden hit international agreement on

intergovernmental cooperation in the area of supply of goods,

services or works, or



3. have a value of less than 25 0000 0000 kroons.



The armed forces and the national defence radio establishment may decide

such derogations referred to in the first subparagraph if the

value is less than 5 0000 0000 kroons.



Specific exemptions



section 10 of this Act do not apply to contracts



1. for the application of this law would require a

General address of the contracting authority or entity provides information

the disclosure contradicts the Kingdom's essential

security interests;



2. relating to intelligence,



3. awarded within the framework of a cooperation programme which

research and development of at least two States within

The EEA regarding the development of a new product and, if

cases, the later stages of the whole or part of the product

life,



4. that, for operational reasons, must be assigned to a vendor in a

area outside of the EEA territory in which the operation is conducted,



5. concerning the acquisition of property, leases, tenancy,

condominium, long lease, easement or any other

right to property,



6. as a Government assigned by another Government, and that

refers to



(a)) the provision of military equipment or equipment by

sensitive nature,



b) works and services directly related to

equipment referred to in (a), or



c) works and services specifically designed for

military purposes or sensitive nature,



7. arbitration or conciliation commissions,



8. relating to financial services, except insurance services,



9. as regards employment, or



10. as regards research and development services, with

except for those whose results only, there is a

General address of the contracting authority or entity in their own activities and

paid for by the authority or the device.



4 the first subparagraph shall also apply to civilian purchases.



With property as referred to in the first subparagraph 5 referred to it in accordance with

land code is or belongs to a property. Existing

building belonging to someone other than the owner of the Earth will

also be considered as a property. The same applies to such

Accessories for the building as described in Chapter 2. 2 and 3 sections

land code, if they belong to the building's owner.



General provisions



Principles of procurement



section 11 of the contracting authorities or entities to process

vendors on an equal and non-discriminatory manner

as well as conducting procurement in a transparent manner. At

contracts will be on the principles of mutual recognition

and proportionality are respected.



The right to participate in a procurement



section 12 of The candidates or tenderers who, under the

provisions of the country in which the business is established has

the right to supply the service for which the contract is intended for, the

not be excluded from participation in a procurement simply because

the requirement that the supplier must be a natural or a

legal person.



In the case of service and works contracts or

supply contract which includes services or installation and

installation operations, legal persons may be invited to

tenders or requests to state their name and

professional qualification of the persons that will perform the services.



section 13 groups of providers are eligible to apply for

leave a tender and to submit a tender. The Contracting

authority or unit shall not attach conditions that

such groups should have a specific legal form in order to get

leave requests to participate or tenders. Authority or

the device may, however, request that a group should have a particular legal

form when it awarded the contract, if required to

the contract is to be carried out in an acceptable way.



Chapter 2. Definitions



General definitions



1 § With candidates means the applicant for participation in the

a restricted or negotiated procedure, in a

competitive dialogue or in a selection procedure in accordance with

15 Cape.



2 section With ' related undertaking ' shall mean



1. undertaking over which a supplier has a dominant

influence,



2. any undertaking which can exercise a dominant influence over a

provider, and



3. companies that together with a vendor under

dominant influence of another undertaking as a result of ownership

or their financial participation therein, or the rules

the company is subject.




A dominant influence shall be deemed to exist if a company

directly or indirectly, in relation to another undertaking,

representing more than half of the shares issued by the undertaking, or

control the majority of the votes because of share ownership

or equivalent, or can appoint more than half the number of

members of the Board of directors or equivalent

governing body.



3 section With works contract "means a contract



1. relating to the execution, or both the design and execution of

work that is attributable to an activity listed in annex

1, or



2. implies that a construction works realized, no matter how

contract be drawn up, in accordance with the requirements laid down by the

contracting authority or entity.



With construction works referred to the overall performance of the construction and

construction works, if the result independently can fulfill

a technical or economic function.



4 section With civilian purchases "means a contract which is not covered by

1 Cape. section 2 of the first paragraph in respect of the acquisition of non-

military supplies, works or services for

logistical purposes.



5 § With CPV "means the common terminology in the

public contracts as adopted by the European Parliament's

and Council Regulation (EC) No 2195/2002 of 5 november 2002

on the common procurement vocabulary (CPV),

as last amended by Commission Regulation (EC) No 213/2008.



6 § With electronic means provided medium that transmits signals

by wire or radio, by optical or by other

electromagnetic transmission media.



7 § With electronic auction ' means a repetitive process with

electronic device for the presentation of new lower

prices or new values concerning certain elements of tenders.



section 8 "recognised bodies", within the meaning of such testing and

calibration laboratories and inspection bodies and

certification which comply with applicable European standards.



section 9 research and development refers to activities involving

basic research, applied research and experimental

development.



10 section With specifications provided such documentation for tenders

as a contracting authority or entity provides a

supplier.



section 11 with the negotiated procedure ' means a procedure whereby the

contracting authority or unit invites selected

suppliers of its choice and negotiates the terms of the contract with one or

several of them.



section 12 of the "central purchasing body" is a contracting authority, a

contracting entity or a public European bodies



1. includes framework agreement for works, supplies or services

intended for contracting authorities or

devices, or



2. participate in a contract as agents for several

Contracting authorities or entities.



section 13 Of the competitive dialogue referred to a procedure

each vendor may request to participate and where the

contracting authority or entity for a dialogue with the

candidates have been invited to participate in this proceeding.



14 § with contract "means a written agreement with economic

conditions



1. concluded between one or more Contracting authorities or

devices and one or more suppliers,



2. relating to the execution of works, the supply of goods or

the provision of services, and



3. be signed by the parties or be signed by them with a

electronic signature.



section 15 With emergency "means any situation when an event with

harmful consequences have occurred which clearly goes beyond the

the magnitude of a serious incident during regular

circumstances and that



1. greatly threaten or restrict human life and health,



2. have a major influence on property values, or



3. calls for measures to provide the population

necessities.



A crisis shall also be deemed to have occurred if there is a

imminent danger of such serious situation,

to occur.



16 § With supplier means the who on the market provides

goods or services or carrying out the works.



With provider "means a group of suppliers.



section 17 With life includes all stages that a product goes through

from research and development to disposal.



section 18 With military equipment "means equipment that is especially

designed or modified for military purposes and intended

to be used as weapons, ammunition or war materials.



section 19 of the public agencies referred to companies controlled,

associations, partner administrations, in particular formed

samfällighetsföreningar and foundations that meet the needs of

the public interest, provided that the need is not

an industrial or commercial character, and



1. most of which are funded by the State, a

municipality, a County Council or a contracting authority



2. whose operations are placed under the control of the State, a municipality,

a County Council or the contracting authorities, or



3. the Board of directors or equivalent governing body more than

half the number of members designated by the State, a municipality, a

County Councils or a contracting authority.



section 20 with the framework agreement provided for, without prejudice to other

paragraph, an agreement concluded between one or more

Contracting authorities or entities and one or more

suppliers in order to establish the conditions for later

the award of the contract during a given period of time.



With the framework agreement of 14 Cape. means a contract concluded between a

or more selected tenderers and one or more

subcontractors in order to establish the conditions for later

the award of subcontracts for a given

period of time.



section 21 With restricted procedure ' means a procedure whereby all

suppliers can apply to take part but only

candidates invited by the contracting authority

or drive to participate may submit tenders.



section 22 With classified information referred to

information and materials in any form, nature or

transmission technology which are subject to a specific

security level or a certain level of protection and which, because of their

national security under laws, regulations and administrative provisions must

protected against intrusion, destruction, removal, dissemination,

loss or access by any unauthorized person, or any

other type of risk.



section 23 With service contract ' means a contract relating to

provision of services and which does not constitute a

works contracts pursuant to section 3 or supply contracts

According to section 30.



A contract having as its object both goods and services should be treated

a service contract if the value of the services is higher than

the value of the goods.



A contract having as its object services and includes activities

specified in Annex i, but that is a child of the purposes of the contract in

Moreover, to be treated as a service contract.



24 § With subcontract "means a written

contract for pecuniary interest concluded between a

bidders selected for a contract and one or more

suppliers in respect of the carrying out of works,

the supply of goods or services within the meaning of

the contract.



section 25 With contracting entities referred to on the one hand, Contracting

authorities referred to in section 26 who carries out activities such as

referred to in Chapter 1. 4-10 of the Act (2007:1092) on procurement in the

the water, energy, transport and postal services, and secondly

such companies as



1. the contracting authorities may exercise a dominant

influence in the manner provided for in the second subparagraph, or



2. carries out activities covered by Chapter 1. 4-10 of the law on

procurement in the water, energy, transport and

postal services on the basis of a specific right or the exclusive right

According to the third paragraph.



A dominant influence shall be deemed to exist if Contracting

authority, directly or indirectly, in relation to a

companies representing more than half of the shares issued by the undertaking, or

control the majority of the votes because of share ownership

or equivalent, or can appoint more than half the number of

members of the Board of directors or equivalent

governing body.



With special right or the exclusive right "means a right

or exclusive rights



1. pursuant to the law,



2. restrict the right to exercise the activities referred to in

1 Cape. 4-10 of the law on procurement in the water,

energy, transport and postal services to one or more

companies, and



3. significantly affect other business opportunities to engage

the same type of activity.



section 26 With contracting authority referred to State and municipal

authorities.



For the purposes of this law, with authority on a par



1. decision-making assemblies in municipalities and county councils, and



2. publicly controlled bodies referred to in section 19, and



3. the associations formed by one or more authorities in accordance with

the first paragraph or assemblies as 1 or

associations of one or more bodies as referred to in 2.



27 § With buyer profile, a summary of

information available on the Internet, that contain

information about the contracting authority or entity and

its contracts.



section 28 with procurement referred to measures taken by a

General address of the contracting authority or entity in order to assign a

contract or to enter into a framework agreement in respect of goods, services

or works.



section 29 With equipment of a sensitive nature, works of

sensitive nature and services of a sensitive nature within the meaning

equipment, works and services with a

security purposes and involving, requires or provides

of classified information.



30 § With supply contract "means a contract relating to the purchase,

lease, rental or hire-purchase of goods provided that:

the contract should not be considered to be a works contract

According to section 3 or a service contract pursuant to section 23 of the other

paragraph.



A contract is to be treated as a supply contract even if it

includes mounting and installation services of

the goods, if the value of the works is less than the value of the goods.



Definitions that apply only 15 Cape.




31 § direct procurement is a procurement without requiring

tenders in some form.



32 § under the simplified procedure ' means a procedure whereby all

suppliers have the right to participate, participating providers to

tender and the contracting authority or entity

negotiate with one or more bidders.



33 section With selection procedure means a procedure in which all

providers are entitled to apply to participate, the

contracting authority or unit invites some

suppliers to submit tenders and the contracting authority

or the device may negotiate with one or more bidders.



3 Cape. Thresholds



Tröskelvärdenas size



section 1 of this Act shall apply to contracts the value of which is calculated

shall not be less than the amounts (thresholds) as European

the Commission at any time has decided or left

message, if the contract relates



1. the supply or service contracts, or



2. works contracts.



The Government announced in the Swedish Code of statutes

the threshold values of the euro and Swedish kronor.



The value of the contract is calculated excluding value added tax.



Calculation of the value of a contract



section 2 of the value of the contract referred to in section 1 shall be estimated at the

total amount to be paid under the contract. At

calculation options and extension clauses shall be taken into account as

If they used. Moreover, the premiums and benefits that

the contracting authority or entity plans to pay

to the candidates or tenderers are included in the value.



section 3 of the calculation of the value of a contract shall relate to the value at the

the time when an ad for procurement according to Chapter 8. 1 §

sent out or, if such an advertisement is not required, at the

date on which the contracting authority or unit invites

the suppliers for competition.



Prohibition in certain cases to divide a procurement



4 § works or a planned acquisition of a

certain quantity of supplies and/or services may not be divided with the intention

to circumvent the rules on procurement above the thresholds

in this law.



5 § value of a contract having as its object both goods and services

to cover the total value of the contract. In the total

the value must be the value of the siting and installation operations

be taken into account.



Procurement of lot



section 6 Of a planned acquisition of works or

services and the acquisition of similar supplies may

result in contracts awarded at the same time in the form of

lots, to the aggregate value of the lots

be taken into account for the purposes of section 1. If the threshold value then

is exceeded, each individual procurement of separate lots to be done

in accordance with the provisions on procurement above the threshold values in

This law.



The second sentence of the first subparagraph do not need to apply for a

Some contracts with a value of less than EUR 80000 in the case

services or products and EUR 1 0000 0000 in the case of

public works contracts.



Second paragraph applies only if the total value of such

lots does not exceed 20% of the total

the value of the lots as a whole.



For the procurement of a lot that is exempted by the

This section will be 15 Cape. apply.



Works contracts



section 7 when calculating the value of a works contract

is the cost of the works and the value of the goods and

services provided by the contracting authority or entity

provides contractor to work should be able to

carried out included.



The value of goods and services that are not required to

the work to be carried out shall not be included in the calculation

the value, if it would cause the law's rules on

procurement thresholds will not be applicable to

the procurement of these goods and services.



Supply contracts that run for a fixed period or indefinitely



section 8 of the value of a contract which is intended to apply to leasing,

rental or hire purchase of products, and running at a certain time if

not more than 12 months will be calculated into the total cost of

the contract during the term.



For supply contracts having as their object the longer maturity, the value should be calculated

to the total cost including the estimated

residual value.



For supply contracts that run for an indefinite period or where maturity

cannot be determined, the value should be calculated into monthly payments

multiplied by the number 48.



Supply or service contracts which are regular recurrence or

to be renewed



9 § the value of a supply or service contracts which are regularly

Returns or to be renewed within a given period, calculated

on the basis of



1. the actual value of the successive contracts of

who procured during the previous 12-month period

or during the previous financial year, if possible adjusted

taking into account the foreseeable changes in quantity or value

for the 12-month period following the initial

contract, or



2. the total estimated value of a succession of contracts

will be awarded during the 12-month period following

on the first delivery or, if the fiscal year is longer than

twelve months, during the fiscal year.



The choice of method of calculation must not be made with the intention of circumventing

the provisions on procurement above the threshold values of this law.



Some service contracts



section 10 of the value of a service contract to be calculated with

from the point of view of



1. in the case of insurance services, the premium will

paid and other forms of remuneration,



2. in the case of design contracts: fees

or the commissions payable and other forms of

replacement.



section 11 If a service contract awarded without any

total price is stated, the value of the contract be estimated

total value of the services during the term of the contract, if this

is a maximum of 48 months, and by the monthly value multiplied by

number 48, if the duration is longer or if the contract runs for

an indefinite period of time.



Framework agreement



section 12 of the value of a framework agreement shall be calculated at the highest

total value of all the contracts envisaged during

duration of the framework agreement.



4 Cape. Procurement procedures



Restricted and negotiated procedures and the competitive

dialogue



1 § for the procurement must selectively process or negotiated

procedure with previous advertising in accordance with §§ 2 and 3

be used.



Negotiated procedures without prior advertising may be used

under the conditions and in accordance with the procedure provided for in §§ 4-10.



Competitive dialogue may be used under the conditions

and in accordance with the procedure provided for in §§ 11-22.



Negotiated procedure with prior advertisement



2 § at the negotiated procedure with prior advertising should

a contracting authority or entity negotiating with

tenderers the tenders they have submitted in order to adapt the

tenders to the requirements of the administration or the drive specified

in the advertisement, the contract notice, in the specifications and in the

additional documents and to seek out the best

the tender according to 13 Cape. 1 §.



section 3 of the contracting authority or entity may, in the notice or

in the specifications indicate that the negotiated procedure with

previous announcements to take place in successive stages in order to

reduce the number of tenders which the hearing shall cover. In doing so,

the award criteria shall be applied as specified in the advertisement if

the contract or in the contract documents. The final

the number of bids should always be such that effective competition

be achieved, provided that there is a sufficient

number of suitable candidates or tenderers.



Negotiated procedures without prior advertisement



section 4 of the contracting authority or entity may use

negotiated procedures without prior advertisement at

the award of contracts for works, supplies and

services on



1. in a restricted procedure, the negotiated procedure

the previous advertisement or a competitive dialogue

not made any requests or not given any

tenders or no suitable tenders was submitted and the

initial conditions of contract are not substantially altered;



2. it is to be procured for technical reasons or because of

exclusive rights can be fulfilled only by a particular supplier,



3. There is an urgent need to award the contract, but

extreme urgency caused by the circumstances which cannot be

envisaged by the contracting authority or entity does the

impossible to keep deadlines in restricted or

negotiated procedure with prior advertising, or



4. as a result of a crisis are impossible to keep

deadlines in a restricted procedure or a

negotiated procedure with prior advertising.



If the European Commission asks for it, the Contracting

authority or unit in a report to the Commission

account for such cases where the first subparagraph 1 has been applied by

authority or unit.



5 § the contracting authorities or entities may also use

negotiated procedures without prior advertisement at

the award of contracts for works, supplies and

services if tenders have been submitted in response to a selective

procedure, the negotiated procedure with prior

advertising or a competitive dialogue is invalid

or not acceptable with regard to



1. Chapter 1. 11 section of legal persons in certain

case shall state the names and relevant professional qualifications of persons who

to perform a service covered by the contract,



2. Chapter 7. section 9, second and fourth subparagraphs of unauthorized

variants may not be taken into account and that only

variants meeting the minimum requirements may

be taken into account,



3. Chapter 7. 11 section that bidders should confirm

taking into account the provisions on occupational safety and

working conditions in the definition of tender;



4. Chapter 7. section 15 on information security,



5. Chapter 7. section 17 on security of supply,



6.10 Cape. paragraph 8 of the second paragraph that a provider should

clarify and supplement the documents submitted,



7. section 11. on the exclusion of suppliers,




8.12 Cape. on the control of vendors ' suitability and choice of

student accommodation,



9.13 chapter. If the award of the contract, or



10. Chapter 14. about subcontracting.



The first paragraph applies only if the terms of the contract in

with the contract cannot be changed

essential.



section 6 in the cases referred to in section 5 of the contracting authority

or invite only tenderers who satisfy

the requirements of sections 11 and 12 Cape. and that at a previous selective

procedure, a previous negotiated procedure with

previous advertisement or a previous competitive

dialogue has provided tender that complies with the formal requirements of

procurement. In the procedure cannot other than those

bidders participate.



section 7 a contracting authority or entity may use

negotiated procedures without prior advertising

allocation of supply and service contracts in the case of



1. research and development services other than those referred to

in Chapter 1. section 10,



2. goods produced solely for research and

development purposes, and the contract is not intended to profit

or recovering research and development costs and

provided that it does not impair the ability to

competition at a later award of contracts which

hand has such a purpose.



section 8 a contracting authority or entity may use

negotiated procedures without prior advertising

the award of supply contracts on



1. additional deliveries of goods from the

original provider if



a) goods intended for either part exchange or

addition to previous deliveries, and



(b)) a change of supplier would oblige the Contracting

authority or unit was forced to procure goods that would

be technically incompatible with those first purchased or lead

to disproportionate technical difficulties relating to the operation and

maintenance,



2. in the case of goods which are quoted and traded on a

commodity market, or



3. it is possible to procure supplies under particularly advantageous

conditions by buying related to a supplier ceased

with their business or went into liquidation or been declared in

bankruptcy or are subject to a similar procedure.



Supply contracts referred to in the first subparagraph 1 shall remain in force for

longer than five years only if warranted by the

the goods delivered, or plant design

life expectancy and the technical difficulties that a change

the supplier can cause.



section 9 a contracting authority or entity may use

negotiated procedures without prior advertising if



1. additional works or services

not included in the original project, or the

original contract, if additions due to

unforeseen circumstances required to contract to

fulfilled, and on condition that they are to be performed by the

original supplier, and if



(a)) they are not without major technical or economic disadvantages

to the contracting authority or the device can be separated

from the original contract, or



(b)), even if they can be separated, are absolutely necessary in order to

the contract to be completed, or



2. in the case of a new work or service which is a

repetition of earlier works or services under

prerequisite



(a)) that the new work is part of a project that was previously

subject of a restricted procedure, the negotiated procedure

with previous advertising or competitive dialogue;



(b)) that the works are assigned to the same service provider,



(c)) that the new contract is in accordance with the

initial project,



(d)) that the value of the new contract have been included in the calculation of

the value of the original project, in accordance with the provisions of 3

Chapter, and



(e)) to it in the context of the original contract

announced that it is now intended proceeding could be

be used.



The total value of the contracts referred to in the first subparagraph

1 shall not exceed half of the original contract

value.



The procedure referred to in the first subparagraph 2 may be applied

for a maximum period of five years from the date of the original contract

concluded, except where justified by the nature of the goods supplied,

facility or the life expectancy and

the technical difficulties that a change of supplier can cause.



section 10 of the contracting authority or entity may use

negotiated procedures without prior advertising when it

contracts providing air and sea transport

for the EEA States ' armed forces or police officers sent

or will be sent abroad if it is impossible to

keep deadlines in restricted procedures and negotiated

procedure with prior advertisement on the occasion of the

the period of validity of tenders. Law (2014:771).



Competitive dialogue



Conditions



section 11 of the contracting authority or entity may use

competitive dialogue in the award of a special

complicated contracts and then restricted procedure or

negotiated procedure with prior advertising does not allow

the award of the contract.



section 12 of a contract shall be deemed to be particularly complicated if it is not

may reasonably be required by the contracting authority or entity

It can be



1. define the performance or functional requirements as referred to in Chapter 7. 3

§ that can meet the needs of the Authority's or drive or

with which its objectives can be achieved, or



2. specify the legal or financial arrangements

project.



Advertising



section 13 If a contracting authority or entity intends to

use of a competitive dialogue, be it in a

Ad indicate this. In the advertisement or in the descriptive document

to the authority or the device stating its needs and requirements.



Initiation of dialogue



section 14 of the contracting authority or entity shall initiate a

dialogue with the candidates selected in accordance

of 11 and 12 Cape.



The aim should be to identify and determine how the

Contracting Authority's or unit's needs can

catered for. During the dialogue, the Agency may or device

discuss all aspects of the contract with the selected

candidates, in order to attain one or more solutions

to meet the Agency's or unit's needs and

form the basis of which the candidates chosen

will be invited to leave.



Implementation of the dialogue



section 15 of the contracting authority or entity may provide

that dialogue should be conducted in successive stages in order to limit

the number of solutions to be discussed during the dialogue. In this case,

It should be specified in the notice or in the descriptive document.

Such limitation shall be in accordance with the award criteria

specified in the notice or in the descriptive document. The

final number of solutions should always be such that

effective competition is achieved, provided that there is

a sufficient number of solutions.



section 16 of the contracting authority or unit to continue

the dialogue until the authority or entity has

find the solutions that meet the Agency's

or the unit's needs. The dialogue will then be declared terminated

and the participating candidates as soon as possible

notified in writing this.



Invitation to submit final tenders



17 § When a notification has been made pursuant to section 14 of the

contracting authority or unit encourage the participation

candidates to submit their final tenders on the basis

of the solutions presented and specified

during the dialogue. Tenders shall contain all the elements and

conditions necessary for the implementation of the project.



Elucidation and clarification of tenders



section 18 of the contracting authority or unit may call upon a

participating bidders to clarify and refine their

tender.



Such measures or supplementary information may, however,

not lead to fundamental aspects of the tender or

invitation to bid should be amended so as to distort

competition or lead to discrimination.



Evaluation of tenders



section 19 of the contracting authority or entity shall evaluate

the tenders on the basis of the award criteria.

The award criteria shall be stated in the advertisement or in the

descriptive document.



section 20 of the contracting authority or entity shall adopt the

tenders is the most economically advantageous.



Clarification of tender or confirmation of commitments



section 21 of the contracting authority or entity may invite

the tenderers whose tenders have been identified as the

most economically advantageous to clarify certain aspects of the

the tender or confirm commitments set out therein.



Such a clarification or verification may be

not lead to



1. the essential elements of the tender or invitation to be amended,



2. distortion of competition, or



3. discrimination.



Prices or payments to the participants



section 22 of the contracting authority or entity may provide

to rates or payment should be given to the participants in the dialogue.



Central purchasing organisations



section 23 of the contracting authority or entity may purchase

works, supplies and services from or through a

central purchasing body.



If an approved purchasing Centre as provided for in Chapter 2. 12 § 1 is not a

General address of the contracting authority or entity, the Contracting

authority or entity which hired purchasing Centre for a

procurement shall be deemed to have complied with this Act if



1. the rules have been applied by purchasing Centre at

the contract conforms to the provisions of the

European Parliament and Council directive 2009/81/EC of 13

July 2009 on the coordination of procedures for the award of

certain contracts for works, supplies and services of

Contracting authorities and entities in the defence and

safety and amending directives 2004/17/EC and

2004/18/EC, and



2. the contracts awarded may be effective

measures equivalent to those contained in title IV of the


the directive.



Chapter 5. Framework agreement



The relevant provisions



§ 1 a contracting authority or entity may conclude framework agreement

with the application of the provisions on the procurement of

works, supplies and services in this law.



Award of contracts



section 2 of contracts based on a framework agreement shall be awarded

According to § 4, 6 or 7. Such a contract may not be concluded only

between a contracting authority or entity and a supplier

as a party to the framework agreement.



When awarding contracts based on a framework agreement

the parties may not significantly deviate from the terms of the

the framework agreement.



Duration of the framework agreement



paragraph 3 of the framework agreement may run for longer than seven years only if

It is justified by the nature of the goods supplied, or the establishment

the life expectancy and the technical

difficulties that a change of supplier can cause.



Framework agreement with a single supplier



4 § on a framework agreement concluded with a single supplier, to

the terms of a contract based on the framework agreement

comply with the conditions laid down in the framework agreement.



In the award of such contracts, the Contracting

authority or unit in writing, consult the

provider that is a party to the framework agreement and, where necessary, invite the

provider to complete its offer.



Framework agreements with several suppliers



5 § on a framework agreement concluded with several vendors, in accordance

with 6 or 7 sections, should be at least three, if there is a

a sufficient number of suppliers that meet

the selection criteria and a sufficient number of admissible tenders

that meet the award criteria as referred to in chapter 13. 1 §

second paragraph as specified in the contract documents to the

the framework agreement.



section 6 of the framework agreement concluded with several vendors according to § 5, may

Award of contracts based on the framework agreement be

by application of the terms laid down in the framework agreement without renewed

invitation to tender for contracts.



Contracts should be awarded to the supplier who has submitted the best

tender on the basis of the criteria specified in the framework agreement.



section 7 of the framework agreement concluded with several vendors according to 5 and

If not all conditions are specified in the framework agreement, the parties

be invited to submit tenders in accordance with the conditions

as stated in the framework agreement. These conditions may, if necessary,

be specified and, if necessary, be supplemented by other terms

specified in the specifications of the framework agreement.



For the purposes of the first paragraph,



1. the contracting authority or entity for each

contract to be assigned in writing, consult the

vendors can implement the contract,



2. the contracting authority or unit type a

time limit to submit a tender for each

particular contracts, taking into account the nature of the

and scope,



3. tenders shall be submitted in writing and the contracting authority

or device did not take note of the contents of them before the

specified response time has expired, and



4. the contracting authority or entity assigning each

individual contract to the tenderer who has submitted the

best tender on the basis of the award criteria

specified in the specifications of the framework agreement.



Chapter 6. Electronic auction



Scope of the directive



section 1 contracting authorities or entities may, if

the specifications can be established with a sufficient degree of

accuracy, as a concluding part of a procurement procedure

implement an electronic auction at



1. in restricted procedures,



2. negotiated procedure with prior advertising,



3. renewed competition within a framework agreement in accordance with

Chapter 5. section 7,



4. simplified procedure, and



5. selection procedure.



section 2 of the electronic auction shall allow a ranking

due to automatic evaluation methods and shall be based on



1. prices, when the contract will be awarded to the supplier who

offered the lowest price, or



2. prices or new values on the parts of the tenders as specified

in the specification, when the contract will be awarded to the

provider that has submitted the most economically advantageous

the tender.



section 3 of the electronic auction will be used, the

contracting authority or entity enter it in the advertisement if

procurement.



Specifications



4 section Of the specifications should, among other things. specify the:



1. the parts of the tenders, whose values can be quantified and

be expressed in figures or percentages, as will be

the subject of electronic auction,



2. any limits on the values which may be presented,

based on an assessment of the specifications of the object

of the contract,



3. what information will be made available to the

bidders in the electronic auction and when this

will be carried out;



4. relevant information on the implementation of the electronic

the auction,



5. on the conditions under which the tenderers will be able to bid, including

the minimum differences when bidding that may have been determined, and



6. relevant information concerning the electronic equipment

is used and if the connection to this device.



Initial evaluation of the tenders



5 § Before a contracting authority or unit initiates a

electronic auction to authority or unit to carry out a

the first full evaluation of the tenders in accordance with the

the award criterion/criteria set and with the weighting fixed for

These.



Invitation to submit new prices or values, etc.



6 § all tenderers who have submitted admissible tenders shall

invited by electronic means to submit new prices or

values.



The invitation shall contain all relevant information for the

individual connection to the electronic equipment

are used and at what point the electronic

the auction will be initiated, implemented and completed.



section 7 of the award of contracts on the basis of the economic

most advantageous offer to the invitation shall be accompanied by the result

of a full evaluation of the relevant tenderer

tender carried out in accordance with the weighting of

the award criteria.



section 8 of the invitation should set the mathematical formula used

in the electronic auction to determine automatic

the ranking given the new rates and new values

left in the auction.



The mathematical formula to include it in the advertisement or in

specifications specified weighting of all the criteria

established to determine the tender which is the

the most economically advantageous. If that weighting set

that range must be determined in advance to a specific

value.



If variants are allowed to separate formulas are given for

each tender.



9 § the electronic auction may not start sooner than

two working days after the day on which the invitation was sent out.



section 10 of the electronic auction may take place in a number of

successive stages.



Information for bidders



11 § During each phase of an electronic auction will be the

contracting authority or entity immediately notify

tenderers sufficient information to enable them to have

aware of their place in the pecking order.



The contracting authority or entity may also provide

other information about prices or values, provided

This is specified in the contract documents.



The contracting authority or the device may make

information on the number of participants in the electronic

the auction.



Termination of an electronic auction



section 12 of an electronic auction will be terminated by the Contracting

authority or unit



1. at the time the auction in accordance with the invitation to take part in the

the auction will be terminated,



2. when it no longer provided some new prices or new

values that correspond to the specified minimum differences, or



3. when the number of phases in the auction, fixed in the invitation to

take part in the auction, has been completed.



In the case referred to in the first subparagraph 2, the Contracting

authority or unit in the invitation to take part in the auction

Enter how long after it has received the final

the bid as it will end the auction.



In the case referred to in the first subparagraph 3, the timetable for

each phase of the auction set out in the invitation to take part in

the auction.



13 § When the electronic auction has ended, the

contracting authority or entity assigning the contract on

the basis of the results of the electronic auction.



Chapter 7. Technical specifications, information security and

security of supply, etc.



Technical specifications



section 1 technical specifications should be included in the advertisement if

contract notice, the specifications, the descriptive

document or the completed documents.

The specifications shall be drawn up in one of the ways in which

specified in §§ 2 and 3.



Technical specifications refer to a standard



section 2 of the technical specification shall, unless section 3 applies,

be designed with reference to the technical specifications

as defined in annex 4, and in turn refer to



1. Swedish civil standard that is in line with the European

standard,



2. European technical approval;



3. joint civil technical specification,



4. Swedish civil standard in line with international

standard,



5. other international civil standards,



6. other technical reference system developed by the European

standardisation bodies,



7. other Swedish civil standard, Swedish technical approval

or Swedish technical specification for design, calculation

and execution of the works and use of materials,



8. civil technical specification has its origins in

industry and widely accepted by industry,

or



9. Swedish standard in the field of defence as defined in

paragraph 3 of annex 4 and similar specification for

defence-related products.



Each referral referred to in the first subparagraph shall be accompanied by

the words "or equivalent".



The first subparagraph shall not apply if any other Constitution

There are different provisions or if there are different


technical requirements in international standardisation agreements.



Technical specifications in terms of performance or

functional requirements



section 3 of the contracting authorities or entities may enter the technical

specifications performance or functional requirements. In these

requirements may include environmental characteristics. Requirements shall be so designed

to the subject-matter of the contract is clear.



A contracting authority or entity may refer to the

technical specifications within the meaning of section 2 as a way for

the supplier to demonstrate that the intended performance or

functional requirements as referred to in the first subparagraph are fulfilled.



Contracting authorities or entities may enter the technical

the specifications by referring to specifications

According to section 2 for certain characteristics, and performance-

or functional requirements as referred to in the first subparagraph in the case of other

characteristics.



Information concerning the origin, manufacture, etc.



4 § the technical specifications must not contain information

on the origin, manufacture or special presentations,

or references to the trademark, patent, type, origin or

manufacture, if as a result some companies benefit

or disadvantaged.



Such information and references may occur in

the specifications, if it is not possible to describe

the object of the contract sufficiently specified and

understandable. Such a task or reference should be followed by

the words "or equivalent".



Equivalent solutions



§ 5 If a contracting authority or entity chooses to

refer to the technical specifications referred to in section 2, it may not

reject tenders solely on the grounds that the goods or

services do not comply with the specifications to which the

has pointed out, if the tenderer in his tender can show that

the solutions proposed are equally satisfying

the requirements of the technical specifications.



section 6 If a contracting authority or entity chooses to in

accordance with paragraph 3 of the set performance or functional requirements, it may

not because of these requirements, reject a tender, if

the applicant can demonstrate that the offer is in line with



1. a national standard that conforms to a European

standard,



2. a European technical approval,



3. a common technical specification,



4. an international standard, or



5. a technical reference system established by a

European standardisation body.



First subparagraph, provided that the standard League

works, supplies or services meet the

performance or functional requirements of the Contracting

authority or unit have set up.



Eco-labels



section 7 If a contracting authority or entity sets

environmental characteristics in terms of performance or functional requirements

According to section 3, they may use the detailed specifications, or

If necessary, parts thereof, as defined for eco-labels, if



1. the specifications are appropriate to define the

the characteristics of the goods or services to be procured,



2. the requirements for the label are drawn up on the basis of

scientific data, and



3. tags are available to all interested parties.



The contracting authority or entity may indicate that goods

or services bearing such eco-label should

assumed to correspond to the technical specifications specified in

specifications, but will accept other appropriate

evidence that this is the case.



Recognised bodies



paragraph 8 of the contracting authorities or entities shall accept certificates

from bodies recognized in an EEA country.



Tenders with alternative designs



section 9, a contracting authority or entity to adopt the

the most economically advantageous tender, it may allow

tenderers to submit tenders with alternative designs.



A contracting authority or device, in the advertisement of

the contract State whether it accepts tenders with alternative

designs. If this is not specified, is tender with alternative

the performance is not allowed.



A contracting authority or entity allows tenders with

variants to the specifications indicate which

minimum requirements applicable to such offers and the specific

terms and conditions for how they should be presented.



Only those tenders which meet the minimum requirements may be taken into account for

procurement.



section 10 when awarding supply or service contracts, a

General address of the contracting authority or entity which has allowed bids with

variants according to section 9 does not reject such a

bid solely on the grounds that, if adopted, would be a

service contract rather than a supply contract or a

supply contract rather than a service contract.



Information on taxation, environmental protection, occupational safety and

working conditions



section 11 of the contracting authority or entity may, in

the specifications indicate the bodies that can leave a

candidates or tenderers with information on the

provisions relating to taxation, environmental protection, occupational safety and

working conditions that will apply to the services or

works to be covered by the contract.



Where the contracting authority or entity leaving such

information on occupational safety and health and working conditions, the request

the bidder confirms that account has been taken of

the provisions relating to such conditions in the design of the tender.



The first and second subparagraphs shall not affect the application of

the provisions of Chapter 13. 3 § review of abnormally low

tender.



Special conditions for performance of contracts



section 12 of the contracting authority or entity may make

specific requirements for how a contract is to be performed. These

conditions may relate in particular to subcontracting,

information security or security of supply. Even social,

environmental and other conditions may be. The conditions to be

specified in the advertisement of procurement, contract documents, the

descriptive document or the supporting documents.



Information security



section 13 the contracting authorities or entities may require that a

supplier meets certain requirements to protect

of classified information, which the authority or

the unit will leave during the procurement process.



The contracting authority or entity may also require

a provider shall ensure that its subcontractors

meets such requirements as referred to in the first subparagraph.



section 14 of the contracting authority or device, in the advertisement of

contract notice, the specifications, the descriptive

document or the accompanying documents spell out all

the measures and conditions necessary to ensure the

security of classified information when it

terms of contracts that include, include or require such

tasks.



section 15, the contracting authorities or entities may require that

tenders shall contain



1. an undertaking from the tenderer and subcontractors

already selected that they appropriately will

protect classified information they have

access to or that they will be aware of during

performance of the contract and after the contract has

implemented or expired,



2. an undertaking from the tenderer to the commitment

provided for in 1 from other subcontractors that he

will hire during performance of the contract;



3. sufficient information about the subcontractors already

selected to the contracting authority or entity

to be able to determine that each of them has the capacity

necessary to protect classified

information they have access to or to access when

carrying out the subcontract, or



4. an undertaking from the applicant that he should

provide the information referred to in (3) if the new

suppliers before they are awarded contracts.



A contracting authority or entity may require that tenders

also includes other things in order to ensure the safety of

information.



Security of supply



section 16 of the contracting authority or device, in the advertisement of

contract notice, the specifications, the descriptive

document or the supporting documents stating its requirements

in terms of security of supply.



section 17 of the contracting authorities or entities may require that

tenders shall contain



1. certification or documentation that indicates the

extent to which the applicant has the capacity to fulfil their

obligations regarding the export, transfer and transit of

goods in connection with the contract;



2. details of any restrictions of export control

or security arrangements may entail for the

contracting authority or entity with regard to the dissemination,

transfer or use the goods and services or results

of these goods and services,



3. certification or documentation showing that

the Organization and location of the tenderer's

supply chain makes it possible for him to comply with the

requirements for security of supply which the Contracting

authority or unit set in the advertisement of procurement,

the specifications, the descriptive document or the

completed documents,



4. an undertaking by the tenderer to ensure that

any change in the supply chain under implementation

of the contract will not be injuriously affect the fulfillment

of the requirements of security of supply in the advertisement of procurement,

the specifications, the descriptive document or the

completed documents,



5. an undertaking from the applicant that, in accordance with

conditions to be agreed by the parties, establish or

maintain the capabilities needed to meet the

Contracting Authority's or device's eventually grew

needs as a result of a crisis,



6. documentation in regards to cater to the Contracting

the Agency's or unit's growing needs as a result of a crisis,



7. an undertaking from the tenderer to perform the maintenance,

modernisation and adaptation of the equipment

the object of the contract,



8. an undertaking from the tenderer to inform timely the


contracting authority or entity of any changes in

the tenderer's organisation, supply chain or

industrial strategy that could affect the applicant's

obligations vis-à-vis the contracting authority or

device, or



9. an undertaking from the applicant that, in accordance with

conditions to be agreed by the parties, provide the

contracting authority or entity with all it takes

production of spare parts, components, specific accessories

and special test equipment, including drawings, licenses and

instructions, in the event the applicant can no longer

provide this equipment.



A contracting authority or entity may require that tenders

also includes other things in order to demonstrate that the applicant meets the

the requirements in terms of security of supply.



section 18 of the contracting authority or entity may not require a

undertaking by tenderers that limits the ability of

organs of the State to the licensor in accordance with international

law or Union law, apply national criteria

that applies for the grant of licenses to export, transfer

or transit under the conditions prevailing at the

the timing of such a decision.



Chapter 8. Advertising procurement



Compulsory and non-compulsory advertising

procurement



§ 1 a contracting authority or entity which intends to

assign a contract or enter into a framework agreement to advertise

the contract, subject to Chapter 4. 4-10 sections.



Information about planned procurement (pre-release advertising)



section 2 of the contracting authority or entity wishing to apply

the provisions on reduction of time limits in Chapter 9. section 3 shall

in an ad to provide information on the contracts or the framework agreements

that authority or entity intends to assign each

conclusion over the next 12 months

(ex ante advertising).



Advertising on the outcome of a procurement (efterannonsering)



section 3 of the contracting authority or entity assigned

a contract or concluded a framework agreement, to the European

Commission send an ad about the results of the award procedure no later than

48 days after the award of the contract or framework agreement

concluded (efterannonsering).



The first paragraph does not apply to the award of contracts

is made on the basis of a framework contract concluded in accordance with this

team.



Advertising on ex ante transparency notice



section 4 of the contracting authority or entity which intends to

award a contract by negotiated procedure without

previous advertisement according to Chapter 4. 4-10 sections may send a

advertisement of his intention to the European Commission

(ex ante transparency notice).



9 Cape. Deadlines to submit requests and

tenders, etc.



Conditions to be taken into account when the duration of time limits are determined



1 § When deadlines come in with requests for participation in contracts and

tenders will be determined by the contracting authority or entity

should take particular account of the complexity of the contract

and the amount of time that suppliers are likely to need to

drawing up tenders. However, the deadlines in this chapter

observed.



Time limits in restricted procedures, competitive dialogue

and the negotiated procedure with prior advertisement



2 § in restricted procedures, competitive dialogue and

negotiated procedure with prior advertising should

the deadline to submit requests to be at least

37 days from the date on which the advertisement on which the contract notice is sent for

publishing.



In restricted procedures should the deadline to come up with

tenders shall be 40 days from the date on which the invitation referred to in 8

§ was sent to selected candidates.



The first and second paragraphs applies subject to the

3-7 sections.



Deadline for advance advertising



section 3 Of the contracting authority or entity has

förhandsannonserat in accordance with Chapter 8. 2 section, should the time limit for

come in with tender in restricted procedures must be at least 36

days and may in no case be less than 22 days from the

the date on which the advertisement was sent for publication.



The time limit referred to in the first subparagraph may only be used

If



1. advance the advertisement contained the information specified in annex

IV to Directive 2009/81/EC, in so far as the information was

available at the time of the prior advertisement, and



2. at least 52 days, but not more than 12 months, from the date of

Preview the ad was sent for publication.



Shortened time limit on the use of electronic means



4 section about an ad drawn up and transmitted by electronic means,

get the time limit laid down in paragraph 2(1) of that come in with

requests to participate in restricted procedures, competitive

dialogue or negotiated procedure with prior advertising,

be reduced by seven days.



section 5 of the deadlines for the entering of tenders in restricted

procedure may, in addition to what follows from section 4, shortened by

five days where the contracting authority or entity with

electronic medium provides free, direct and full access

to the entire contract documents from the date of advertisement of

the contract was sent to the European Commission for

publishing. The Internet address from which the contract documents

is available to be set out in the advertisement.



Extension of time limits



6 § are not provided full specifications and

additional information within the time limits provided for in 10

§ Despite the fact that this been requested in good time, to the time that

come in with the tenders shall be extended so that all suppliers should

to find out about all the information needed to

draw up a tender.



The first subparagraph shall also apply where tenders can be made other than

After a visit to the site.



Shortened deadlines due to lack of time in some cases



section 7 if the restricted procedure or in the case of negotiated

procedure with prior advertisement due to lack of time

It is not possible to apply the time limits laid down in this

Chapter, must a contracting authority or entity set

the deadline to submit requests to date

from the date on which the advertisement on which the contract notice is sent for

publication, should be at least 15 days or, if the ad

was sent by electronic means, at least 10 days.



Subject to time constraints may a contracting authority

or a device set to the time limit for entering of tenders

in restricted procedures shall be not less than 10 days from the day

When the invitation to tender was sent.



Invitation to submit a tender, to negotiate or to conduct

dialogue



Written invitation to submit tenders, to negotiate or

dialogue in restricted and negotiated procedures

or competitive dialogue



section 8 in restricted procedures, competitive dialogue and

negotiated procedure with prior advertising, a

General address of the contracting authority or entity at any one time

send a written invitation to all selected

candidates to come in with a tender, to participate in the dialogue

or to negotiate.



An invitation will contain specifications or, in the

where appropriate, the descriptive document. If

the specifications or the descriptive document is

directly accessible by electronic means, it is

enough to call contains an indication of where

documentation is kept available.



An invitation must contain at least an indication of



1. the time limit for requesting additional documents, if

It is up to date, as well as the amount and terms of payment, if it is to

paid a fee for such documents;



2. final date for receiving tenders and the address to which

the tender should be sent and the language or languages in which it will

written, or, in the case of a competitive dialogue, the date

and location of the beginning of the dialogue, as well as of the language (s)

to use,



3. a reference to the advertisement of procurement,



4. the documents to be attached,



5. the relative weighting of criteria for the award of

contract or the order of precedence, if these

information not shown in the advertisement of procurement, the

descriptive document or of the specification, and



6. other information relevant to the procurement.



If a person other than the contracting authority or entity

to disclose the specifications or the descriptive

document



section 9 If anyone other than the contracting authority, or

drive to disclose all or part of the

the specifications, the descriptive document or the

supporting documents, to the address specified in the call. If

a deadline applicable to such a request and for a fee to

paid for the documents sought, to check if the period

and the fee and the payment terms specified in the call.



The requested documents must be sent to vendors so

soon as possible after the request has been received.



Provision of additional documents and

information in restricted and negotiated procedures, and

competitive dialogue



section 10 of the contracting authority or entity shall at

restricted and negotiated procedures, and for competitive

dialogue issue additional information about

the specifications, the descriptive document or

additional documents not later than six days before your last

day to come in with a tender, provided that such

information requested in good time.



In the case of accelerated procedure referred to in section 7 of the second paragraph, this

deadline is four days.



10 Cape. Communication, information and documentation



Rules of communication



1 § requests to participate and tenders must be made in writing unless the

subject of the third paragraph.



A contracting authority or entity may determine that

requests to participate and tenders should be provided with an electronic

resources or in any other way.



Authority or the device may allow requests to

is done by phone.



Authority or unit to be in an ad set how

requests may be made and in an ad or a


specifications specify how tenders may be submitted.



section 2 of the communication by electronic means must be

non-discriminatory, generally available and possible to

use in conjunction with such hardware and software in the

generally used.



paragraph 3 of the Information about the specifications that are necessary for

electronic submission of requests to participate and tenders;

including encryption, shall be available to all interested

parties.



A contracting authority or entity may require that

electronic tenders shall be equipped with an advanced

electronic signature law (2000:832) if qualified

electronic signatures.



A contracting authority or entity to have such equipment

to the electronic can accept requests, tenders,

drawings and plans in a safe manner. The equipment should be

equipped with safety devices to some tasks

going to get up, to only authorized persons to access

of the data and to track if someone

unauthorized has taken note of the information contained.



The Government announces the details relating to the

the safety devices.



Obligation to submit certificate etc.



4 § when using electronic means referred to in article 1 shall

candidates or tenderers prior to expiry of the time limit

to submit requests to participate or tenders in other form submit

those documents referred to in section 11. section 3, Chapter 12. 7, 8, 10,

11, 15 and 17-19 sections, if they are not available in

electronic form.



Confirmation of application for tender



5 § a contracting authority or entity may request that a

requests for participation made by fax should be confirmed by a

other electronic means referred to in paragraph 3, or by

a personally signed Act authority or

the Unit received before the expiry of the time limit

authority or unit type.



Have requests made by phone, a confirmation

sent before the expiry of the application period.



The contracting authority or the device to in the advertisement if

tender notice such conditions referred to in the first and second

paragraphs.



Information provided by suppliers should be kept safe



section 6 of the Communication, information exchange, and stored data

concerning a relation to be kept safe.



Opening of tenders



section 7 of the contracting authority or entity may not take part

the contents of the requests and bids until

the deadline to submit requests to the respective

offer has expired.



Shipments with tender should, at the same time, and as soon as possible

After bid closing, opened at a business where at least

two persons designated by the contracting authority or

the device should participate. Tenders should be placed in a list, as

to be certified by those participating in the ceremony. At the request of

tenderers must also one of a Chamber of Commerce appointed

person to attend. The cost of this will be paid by the

making the request.



Correction of errors, clarification and supplementation



section 8 a contracting authority or entity may allow a

candidates or tenderers are correcting an obvious

clerical error or miscount or other obvious errors

in the tender application or tender.



Authority or unit may require that requests for participation

or an offer to be clarified or complemented if this can be done

without fear of discrimination or restriction of competition.

Authority or the device may also request that a provider

clarify or complement the documents filed and as

referred to in Chapter 11 and 12.



Information for suppliers



Notification of decision



section 9 a contracting authority or entity as soon as possible

inform candidates and tenderers of the

the decisions to conclude a framework agreement or to

award a contract and of the reasons for the decisions. In

notification to the agency or unit specify the period

under the agreement, according to Chapter 16. § 1 may not be concluded

(Contracting locking).



A written notice shall be given as soon as possible to

candidates and tenderers even when a Contracting

authority or entity decides to cancel a contract for

which it has passed the invitation to tender and, where

decision making on procurement. In the notification to the reasons

for its conclusions.



Information on request of a supplier



section 10 of the contracting authority or device, to the

candidates or tenderers who so request in writing

provide information on the reasons for the vendor's application was

rejected or tender has been rejected.



A contracting authority or body shall at the written request

a tenderer who has made an acceptable offer

rejected, provide information about the format and the

relative advantages of the tender selected and the name of the

successful tenderer or the parties to the

the framework agreement.



Information referred to in the first and second paragraphs shall be submitted

as soon as possible and at the latest within 15 days of a

written request came in.



Bidders are bound by their tenders



section 11 of the contracting authority or entity shall, in

specifications specify the amount of time that a tenderer to

be bound by their tenders.



A bidder is bound by their tenders although the tenderer

has received a notification under paragraph 9 or

information under section 10.



Protocol



section 12 of the contracting authority or unit shall ensure that, for each

procurement to establish a Protocol, which, among other things. do I include



1. the award procedure chosen;



2. reasons for the offer has been rejected,



3. the reasons for a contract or framework agreement is not assigned

a supplier,



4. the reasons for the negotiated procedure without prior

advertising according to Chapter 4. 4-10 § § applied,



5. the reasons why the time limit set in Chapter 4. 8 section

or Chapter 4. 9 paragraph or to the value as follows

of Chapter 4. paragraph 9 has been exceeded,



6. the reasons why the competitive dialogue have been applied and



7. the reasons for which a framework agreement has a term of more than seven

year.



A contracting authority or entity is required to

The European Commission's request to send the Protocol or

the main features of it to the Commission.



Government Announces detailed rules about what a protocol

will contain.



Conservation of documents



13 § When a procurement has been completed, a Contracting

authority or entity which is not subject to the Archives Act

(1990:782) on safety store requests and

tender with their descriptions, models and drawings

and tender lists, summaries, protocols and

similar.



The documents shall be kept for at least four years from the date on which the

the contract was awarded.



section 11. The exclusion of suppliers



Circumstances that will result in the exclusion of suppliers



§ 1 a contracting authority or entity shall exclude a

provider from participation in a procurement, if the Agency

or the device becomes aware that the supplier according to a

final judgment is convicted of crimes involving



1. criminal offences referred to in article 2 of Council framework decision

2008/841/JHA of 24 October 2008 on the fight against organised

crime,



2. corruption, as defined in article 3 of the Council Act of

on 26 May 1997 drawing up, on the basis of Article K 3 (2) (c)

of the Treaty on European Union, the Convention on the fight against

corruption that officials of the European communities or

The Member States of the European Union is involved in, or

point 1 of article 2 of Council framework decision 2003/568/JHA of 22 July

2003 on combating corruption in the private sector,



3. fraud within the meaning of article 1 of the Convention

drawn up on the basis of article k.3 of the Treaty on

The European Union, on the protection of the European communities

financial interests,



4. money laundering and the financing of terrorism in accordance with the

defined in article 1 of the European Parliament and of the Council

Directive 2005/60/EC of 26 October 2005 on the introduction of measures to

Prevention of the use of the financial system for the purpose of

money laundering and the financing of terrorism, or



5. terrorist offences or offences related to

terrorist activity as defined in article 1 and

3 of Council framework decision 2002/475/JHA of 13 June 2002 on

the Suppression of terrorism or inciting, aiding and abetting and attempt

to commit crimes within the meaning of article 4 of the said

framework decision.



The supplier is a legal person, shall be excluded

If a representative of the legal person has been convicted of

the crime.



If there is reasonable cause to suppose that a provider should

be excluded by virtue of the first subparagraph, it may or

the unit may request the provider indicates that there is no

basis for exclusion.



If there are special reasons, must a contracting authority

or entity not to exclude a supplier convicted

for the crime referred to in the first subparagraph.



Circumstances that may result in the exclusion of suppliers



section 2 of A supplier may be excluded from participation in a

procurement, if the vendor



1. is bankrupt or being wound up, are having their affairs administered by the courts in

or is the subject of composition or 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

Court or for an arrangement with creditors or a similar procedure,



3. the final judgment is convicted of crime against

professional practice, such as as a result of a breach of

existing legislation on the export of defence and

safety equipment,



4. has been guilty of

professional practice, such as through failing to comply with their

obligations regarding information security or

security of supply at an earlier contract, and the

contracting authority or entity can show this,



5. has, on the basis of some kind of evidence that can even be

of protected data sources, have been found not to be so


reliable required in order not to endanger national security,



6. have not fulfilled their obligations relating to the

social security contributions or the payment of taxes in their own country or

in the country in which the contract is awarded, or



7. in any material respect, has failed to provide

requested information or provided false information as

requested pursuant to the provisions of 11 or 12 Cape.



The supplier is a legal person, the supplier may be excluded

If a representative of the legal person has been convicted of

offences referred to in the first subparagraph 3 or committed

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



Authority or entity, except in the cases referred to in article 4,

request a vendor shows that there is no basis

to exclude the supplier on the basis of the first paragraph (1), (2),

3 or 6.



Certificate and evidence regarding supplier



section 3 of the contracting authority or unit to which evidence

for that there is no basis to exclude a supplier

accept extracts from the official register or equivalent

action regarding a relationship referred to in section 1 or

2 paragraph 1, 2 or 3 and a certificate from the competent

authority when it comes to a relationship within the meaning of section 2 of the

first subparagraph 6.



If such documents or certificates referred to in the first subparagraph

not be given in the supplier's home country or country of origin

or does not cover all the cases referred to in section 1 or section 2 of the

1-3 of the first subparagraph, they may be replaced by a statement that has

made of honour or of a similar declaration.



If a vendor is registered in an official list

of approved providers in a country in the EEA, it must be assumed

that the supplier meets the conditions set out in paragraph 1 of the

or in paragraph 2(1) of the 1-4 and 7.



4 section when checking if a vendor has fulfilled its

obligations in respect of social security contributions or the payment of taxes in

Sweden according to paragraph 2(1) of the 6 to the Contracting

authority or unit to obtain information from

"competent authority".



12 Cape. Verification of the suitability and choice of suppliers

participants, etc.



Introductory provisions



1 § prior to contracts being awarded according to 13 Cape. should the

contracting authority or entity check

the suitability of the suppliers not excluded

in accordance with section 11. 1 and 2 sections.



section 2 contracting authorities or entities may require

a minimum level of candidates and tenderers economic

as well as the technical and professional capacity. These should

comply with the provisions of 8-16 sections. The scope of the

the information referred to in sections 8 to 16, and the lowest levels

for the capacity that is required for a specific contract must be

connection with the subject-matter of the contract and be proportionate to the

this.



The capacity set to emerge from the ad on

procurement.



Limitation of the number of candidates in the contract award procedures



3 § in restricted procedures, negotiated procedures with

previous advertising and competitive dialogue, the

contracting authority or entity limit the number of

candidates who it will invite to tender,

negotiate with or engage in dialogue with.



The contracting authority or entity shall specify in the advertisement



1. What are the criteria or rules it will apply

in the selection of candidates, and



2. the minimum number of candidates who will be invited

and, if a maximum will be invited, this number.



4 § the number of candidates who will be invited to participate shall not be

less than three.



5 § a contracting authority or entity shall invite at least

the number of candidates specified in accordance with paragraph 3 of the second paragraph

2.



If the number of candidates which meet the specified in the advertisement

requirements and selection criteria (the qualified candidates),

is less than the minimum number specified in the ad that will be

invited, the contracting authority or entity

continue the procedure by inviting the qualified

candidates who have asked to participate.



section 6 Of the contracting authority or entity believes that

the number of suitable candidates is too low to be effective

competition can be ensured, it may allow the procedure

delayed and again publish the original ad and

set a new deadline to come up with

requests to participate.



Both candidates were selected in conjunction with the first

publication and those that are selected in the context of the other

the publication should be invited to participate in

procurement procedures in accordance with Chapter 9. 8-10 sections.



Record-keeping requirements



section 7 of the contracting authority or entity may request

a candidate shows that the applicant is registered in a

company or trade register or a corresponding

Register, which is kept in the country in which candidates have their

origin or established, if in this country is a

prerequisite to pursue professional activities.



Instead of those mentioned in the first subparagraph, a

candidates make a Declaration on their honour, or take

any similar action or show off a certificate.



In the context of procedures for the award of public service contracts

, the contracting authority or entity may request that a

candidates must demonstrate that he or she has a particular

permit or similar in their home country, if this is required for

to provide that service.



Proof of financial status



§ 8 Evidence on a vendor's financial capacity can be

by



1. a statement of the undertaking's overall turnover and, in

where appropriate, the turnover of this sector of activity which

contract for the past three years or

the shorter duration of the activities carried out,



2. balance sheets or extracts from the balance-sheets, or



3. certificate from banks or, where appropriate, evidence of

relevant professional risk indemnity insurance.



paragraph 9 of the contracting authority or the device to in the advertisement

the contract notice or in the invitation to tender for contracts to specify the

reference or paragraph 8 of the said documents and data

to show up and which other documents are displayed

up. Balance sheets or extracts from it need only appear

up if it is to be published in the manner prescribed by the legislation of the country

where the supplier is established.



section 10 If a vendor has an acceptable reason for not

view the documents and information which the Contracting

authority or unit requests, the supplier may view their

financial capacity by any other document which the

contracting authority or entity considers appropriate.



Evidence of technical and professional capacity



section 11 of the contracting authority or the device to in the advertisement

tender notice which of the tasks referred to in the second

the paragraph which it has chosen, and what other information which must

be provided.



The technical capacity may be furnished in one or more of

as follows:



1. a list of completed works under the

the past five years, accompanied by certificates stating that the most important

works carried out in a satisfactory manner with

indication of value, the date and place of such works

and whether they were carried out according to current industry standards and

completed correctly,



2. a list of the main supplies

or services performed under, as a rule, the last five

years with an indication of the value and time, and whether it has been

the case of public or private recipients,



3. the details of the technical personnel and the technical

bodies responsible for quality control or concerned on

otherwise, be they directly belong to the supplier's business

or not, and, in the case of public works contracts, information about

the technical staff and the technical service contractor

may have to carry out the work;



4. a description of the supplier's technical equipment

and of the methods the vendor uses to ensure

the quality, of the company's research and

research resources and the internal provisions of

the case of intellectual property,



5. by means of a control to be performed by the Contracting

authority or the device itself or on behalf of a

the competent authority in the country of establishment of the supplier, provided that

This body gives its consent,



6. in the case of works contracts,

service contract or supply contracts including installation and

installation or Assembly and

installation services, through information on the provider's

educational and professional qualifications or equivalent

information on the leading figures in the company, especially if the

or those who will be responsible for providing the services

or managing the work;



7. in the case of works or services, through the

information on the environmental protection measures the supplier will

apply when the contract is fulfilled, if, having regard to what

the contract required such information,



8. an indication of the number of employees on average per year of

the service provider or contractor and the number of employees

with management over the last three years,



9. as an indication of



(a)) what tools, machinery and technical equipment, the number of

employees and their professional expertise or supply sources

that the vendor's disposal for the performance of the contract;

and indication of where they are when they are outside

EEA, and



(b)) ability to meet the contracting authority's or

the device's eventually increased demand as a result of a crisis or

to ensure maintenance, modernisation and adaptation of the

equipment which is the subject of the contract,



10. in the case of goods which are to be delivered, through the samples,

descriptions or photographs whose authenticity should be supported if the

the contracting authority or entity requesting it, or

by certificates drawn up by official institutions for


quality control or devices for the control of the recognized

skills and of what it should be made clear that goods which are clearly

identified by references comply with certain

specifications or standards, or



11. in the case of contracts that include, require, or

contains classified information, through

evidence of the ability to process, store and transmit such

information on the level of protection required by the Contracting

authority or unit.



If necessary, the competent authority shall send certificate

in accordance with the second subparagraph 1 directly to the Contracting

authority or unit.



If a consignee referred to in the second subparagraph 2 is a Contracting

authority or entity, to certificates issued or

certified by that authority or unit must be provided. If

the recipient is not a contracting authority or entity, to

certificate from the purchaser is submitted or, failing that, a

Declaration by the supplier must be provided.



A check referred to in the second subparagraph 5 is directed to a vendor

manufacturing capacity or service provider technical

capacity and, if necessary, the vendor's testing and

research facilities and quality control measures.



section 12 of the Evidence referred to in paragraph 11 11 may be granted by a

system for review of security protection. A Contracting

authority or entity may authorize suppliers that have not yet

reviewed by such a system an extension for

that protection and security are to be examined. The Contracting

authority or unit should in that case in the ad if

contracts specify that the possibility exists and the deadline for

to arrange it.



section 13 a contracting authority or entity may request a

competent body in the candidate State checks that the requirements

in the field of information security which the Contracting

authority or entity sets are met with regard to



1. the premises and installations which are planned to be used,



2. the industrial and administrative procedures that will

to apply,



3. the procedures for information management, and



4. the staff will work to implement

the contract.



section 14 If a vendor has an acceptable reason for not

view the documents and information which the Contracting

authority or unit requests, the supplier must prove their

technical or professional capacity by any other document

by the contracting authority or entity considers appropriate.



Access to other companies ' capacity



section 15, A supplier may, if necessary, with regard to a particular

contracts rely on other companies ' economic, technical and

professional capacity. Provider shall by

provide a commitment on the part of the enterprise in question or on

otherwise show that the supplier will have

the necessary resources when the contract will be fulfilled.



Vendors ' professional skills



16 § in determining a vendor's ability to carry out

supply contracts involving Assembly or

installation works, services or works, the

particular attention be given to professionalism, efficiency,

experience and reliability.



Quality management standards



section 17 If a contracting authority or entity requires that

supplier showcases a certificate issued by an independent

accredited bodies if the supplier comply with certain

quality management standards, the authority or the device

refer to the quality management system based on

relevant European standards and which is

certified by independent accredited bodies which meet

European standards for accreditation and certification.



Authority or unit to approve equivalent certificate from

independent accredited bodies established in the EEA. The

shall also accept other evidence of equivalent

quality management system provided by the suppliers.



Standards for environmental management



section 18 If a contracting authority or entity where that

referred to in section 11, second paragraph 7 requires access to a

by an independent body set up certificate that certifies that the

the supplier comply with certain environmental management standards, to

authority or the device refer to the European Parliament and of the

Council Regulation (EC) No 1221/2009 of 25 november 2009 on the

allowing voluntary participation by organisations in a community

eco-management and audit scheme (Emas) and if

repealing Regulation (EC) no 761/2001 and Commission

decision 2001/681 and 2006/193/EC or to

environmental management standards based on the relevant European

or international standards. Environmental management standards

to be certified by bodies conforming to the

Union law or international standards for

certification.



Authority or entity shall accept attestations of equivalence from

other bodies established in the EEA. It will also accept

other evidence of equivalent environmental management measures from

suppliers.



Official lists



section 19 if a vendor is registered in an official

list of approved providers in a country in the EEA

drawn up by the competent authorities or hold a certificate

issued by a certification body complying with the European

standards for certification, it may be assumed that the supplier

meet the conditions and requirements set out in



1. section 11. section 1, paragraph 2(1) of the 1-4 and 7, as well as in this

Chapter 7 section 8 paragraph 1 and 2, and section 11 of the other

paragraph 1, 3, 6, 8 and 9 when it comes to building contractors,



2. paragraph 11 2-5 and 10 in the case of

suppliers, or



3.11 section 2 and 4-9 with regard to

service providers.



Limited control



20 § in a restricted or negotiated procedure or a

competitive dialogue may a contracting authority or

device limit control of the documents referred to in

section 11. as well as 12 Cape. 2 and 7-18 §§ certifying the vendor's

convenience to candidates, or the device

intends to invite to submit a tender or to negotiate.

Provider shall be given a reasonable period of time to come up with the required

the documents.



13 chapter. Award of contracts



Alternative grounds for the award of the contract



§ 1 a contracting authority or entity shall adopt either



1. the tenders is the most economically advantageous for the

contracting authority or entity, or



2. the tender contains the lowest price.



In determining which tender is the economically most

advantageous to the authority or unit to take account of

various criteria linked to the subject-matter of the contract,

such as price, delivery or execution time, environmental characteristics,

operating costs, cost-effectiveness, quality, economic

longevity, profitability, supply security, interoperability,

operating characteristics, functional and technical characteristics,

service and technical support.



A contracting authority or device, in the advertisement of

the contract or in the contract documents specify the basic

for the award of the contract will apply.



The weighting of criteria



section 2 of the contracting authority or the device should indicate how

such criteria referred to in paragraph 1 will be

relative weighting in assessing the tenders, it is

the most economically advantageous. That weighting can be expressed by

a range with an appropriate maximum spread.



If in the opinion of the contracting authority or entity does not

is possible to set the weighting of the various criteria, the

These are listed in descending order of preference.



The weighting of the criteria or criteria of preference

should be specified in the



1. the advertisement of procurement,



2. the specifications,



3. an invitation to tender or to participate in

negotiations,



4. the descriptive document, or



5. any supporting documents.



Abnormally low tenders



section 3 of the contracting authority or entity may reject a

tender if it finds that the price is abnormally low. The offer may

However, rejected only after authority or unit

in writing requested an explanation for the low offer and

did not receive a satisfactory answer.



A request for explanation may relate to



1. If the tenderer can utilize particularly cost-effective

methods to perform the contract,



2. If the tenderer can take advantage of technical solutions or

exceptionally favourable conditions for the performance of the contract;



3. the individuality of the goods, services or works

proposed by the tenderer,



4. If the applicant complies with the provisions on worker protection

and working conditions applicable in the place where the contract is

to be performed, and



5. If the applicant had the opportunity to receive State aid.



The contracting authority or entity shall provide

the applicant an opportunity to express their views on the Agency's or

the unit's reasons for rejecting the offer, taking into account the

left declarations.



Article 4 If a contracting authority or entity finds that a

tender is abnormally low because the Tenderer has obtained

State aid, the authority or the device request

Declaration by the tenderer. Can the tenderer not after a

such a request and within a reasonable time limit specified by the

contracting authority or unit show that it is

If one with the Treaty on the functioning of the consistent support, may offer

be rejected.



A contracting authority or entity that rejects a tender

referred to in the first subparagraph shall inform the Commission of the European communities

about it.



14 Cape. Subcontracting



The tenderer's choice of subcontractors



The basic rule of territorial jurisdiction



section 1 of The selected bidder should be able to choose their

subcontractors for all subcontracts that

not covered by 3 or 5 section.



Information about subcontracting



section 2 of the contracting authority or entity may request

the tenderer in his tender shall specify the proportion of the contract

that may be subcontracted, suggestions for

subcontractor and the subject-matter of the subcontract.




The contracting authority or entity may request

the Tenderer shall indicate all changes that occur on

subcontractor level during performance of the contract.



General address of the contracting authority or entity's requirements on

subcontracting



Conditions



section 3 of the contracting authority or entity may request

the selected tenderer outsources some of the contract on

during construction.



The contracting authority or entity shall, where a request

referred to in the first subparagraph shall specify the percentage that must

be posted on subcontracting in the form of interval values with a

minimum and a maximum, with the possibility for

tenderer to increase this percentage. The maximum percentage should not, however,

exceed 30 per cent of the contract value.



The contracting authority or entity shall upon such

request referred to in the first subparagraph shall require that the applicant in

tender specifies which parts of the tender as

the tenderer intends to subcontract to subcontracting.



section 4 of the contracting authority or entity may request

the Tenderer shall specify which parts of the tender as

may be subcontracted, in addition to the

minimum percentage that must be posted in accordance with section 3 and to specify the

subcontractors they intend to hire.



Conditions for the award of subcontracting



section 5 of the contracting authority or entity may require that

the selected bidder, if the latter is not a Contracting

authority or entity, to use 9-11 sections of all or

some subcontracts. The contracting authority

or drive to be in such a case the contract with the successful tenderer

impose conditions that the tenderer, in the award of a

subcontract to third parties, to use 9-11

§§.



The contracting authority or unit requirements on

subcontracting in accordance with § 3, it shall require that the selected

the tenderer for the subcontracted to apply

9-11 sections referred to in the first subparagraph.



Combining enterprises and linked enterprises



section 6, for the purposes of paragraph 5 of the will, if more companies join forces

in order to obtain a contract, none of them is considered as

third parties. The same applies to an affiliated company.



Tenderer shall contain an exhaustive list

of companies referred to in the first subparagraph. List shall be

are updated when changes occur in the relations between

companies.



Rejection of subcontractor



section 7 a contracting authority or entity may reject a

subcontractor that the tenderer selected in connection with

the allocation process for the main contract or that the

selected tenderers selected during the execution of

the contract. Such rejection may only be based on the

criteria applied for the selection of bidders for

the main contract.



The contracting authority or entity shall submit a

written justification to the applicant and the selected

the tenderer of the reasons for the rejection.



Content in the advertisement



§ 8 the requirements referred to in 2-5 and 7 sections should be listed in the ad if

procurement.



Obligations for tenderers who are not Contracting

authority or entity



General principles



9 § The selected Tenderer shall treat suppliers

on an equal and non-discriminatory manner and act on

a transparent manner.



Advertising under the contract



section 10 When a selected bidders, which is not a Contracting

authority or entity, intends to grant a third party a

subcontracting which has a value that can be estimated

at least applicable threshold in Chapter 3. § 1 of

paragraph, the applicant to advertise it.



The value of the contract is to be calculated according to

3 Cape.



Advertising should be carried out in accordance with Chapter 8. 1 §. Where necessary,

the ad also contain general address of the contracting authority or

the device's approval. Advertising is required unless

the subcontract fulfils the conditions set out in

4 Cape. 4-10 sections.



The selected tenderer may advertise during the work

According to Chapter 8. 1 § even if such an obligation is not

exists.



Criteria for selection



section 11 of the ad to the selected tenderer specifying criteria

for the sample that is provided by the contracting authority

or drive, and other criteria for the selection of

subcontractor. These criteria should be consistent with the

criteria used by the contracting authority or

device for the selection of bidders for the main contract.



The qualifications required must have a direct link with

the object of the subcontract and the

minimum capacity required must be proportionate to this

objects.



Framework agreement



section 12 of The selected bidder can meet the requirements of 3 or 5

§ to assign the subcontract on the basis of

a framework agreement. The framework agreement shall be awarded in accordance with the 9-11

§§.



During vendor contracts based on a framework agreement shall

within the framework of the conditions laid down in

the framework agreement. Other terms of the subcontract to

be in accordance with the terms of the framework agreement.



Subcontracts referred to in the first and second subparagraphs

may only be concluded with suppliers who are parties to the framework agreement.



section 13 a framework agreement referred to in section 12 shall run for longer time

than seven years only if it is justified by the nature of the goods supplied,

facility or the life expectancy and

the technical difficulties that a change of supplier can cause.



A derogation from the obligation to have recourse to a subcontractor



section 14 of The selected tenderers are not obligated to hire

subcontractors if the applicant can prove that none of the

subcontractors who took part in the competition or

their tenders meet the criteria set out in the advertisement if

subcontracting and it means that the selected bidder

therefore cannot meet the requirements set out in the main contract.



15 Cape. Procurement not covered by the directive



Scope



section 1 of this chapter applies to such contracts as referred to in

1 Cape. section 2 of the third paragraph.



The relevant provisions



2 § for the procurement of this chapter also apply



-Chapter 1. (legal content and scope and the General

provisions),



-Chapter 2. (definitions),



-4 Cape. section 23 (central purchasing bodies),



-Chapter 5. (framework agreements), except for the purposes of Chapter 5. 5 § with regard to

the requirement of at least three suppliers for such framework agreements

subject to Chapter 5. section 6,



-Chapter 7. 4 § (information concerning the origin, manufacture, etc.),



-Chapter 7. section 7 (eco-labels),



-Chapter 7. section 12 (special conditions for performance of contracts),



-Chapter 7. 13-15 sections (information security),



-Chapter 7. 16-18 sections (security of supply),



-9 Cape. section 9 (if someone other than the contracting authority

or device to disclose the specifications or the

descriptive document),



-12 Cape. section 7 (registration),



-14 Cape. (under construction),



-16 Cape. (Contracting locking, justice and compensation),



-17 Cape. (procurement injury fee), and



-18 Cape. (supervision).



Further provisions relating to the application of competitive dialogue in

4 Cape. 1 paragraph, and 11-22 sections, 9 Cape. section 2 of the first

subparagraph, 4, 8 and 10 sections and 12 Cape. 3 and 4 sections.



For the procurement which have as their object services listed in annex III (B-

services) apply also to Chapter 7. 1-3, 5, 6 and 8 sections, when

the value of the contract is equal to or exceeds applicable

threshold in Chapter 3.



A contracting authority or entity may publish ads

If the procurement as applicable to contracts

According to Chapter 8.



Procurement procedures



3 § procurement under this chapter shall be made by

simplified procedure or selection procedure.



Direct agreement contract may be used if the value of the contract

is less than or equal to 26% of the threshold referred to in

3 Cape. 1 paragraph 1. In addition, direct procurement

be used as appropriate in those cases where the conditions

for negotiated procedures without prior advertisement

referred to in Chapter 4. 4 – 10 sections are met or if there is

exceptional circumstances. The contracting authority or entity

shall adopt guidelines for the use of direct awards of contracts.



Competitive dialogue may, in accordance with section 2, used on

No simplified procedure or selection procedure allows

the award of the contract. Law (2014:476).



Calculation of the value of a contract



section 4 of the value of a contract shall be estimated as the total

amount to be paid under the contract. A contract may

not be divided in order to circumvent the provisions of this law.



By calculation options and extension clauses are taken into account

as if they have been used.



In the calculation to the contracting authority or entity

take into account the direct procurement of the same kind made by the authority

or device during the fiscal year.



Advertising



5 § at the summary procedure to the contracting authority

or the device request tender by advertisement in an electronic

database that is publicly available, or by advertisement in other

form that allows for effective competition.



The selection procedure to the contracting authority or

Unit posting a ansökningsinbjudan through an ad in a

electronic database which is widely available. Authority

or entity in its call enter the number of vendors

It intends to invite. The number should be determined taking into account

the nature of it to be procured and sufficient

for effective competition to be achieved.



Content of the advertisement



section 6 of an advertisement contract notice referred to in section 5 shall indicate

If the subject-matter of the contract and the contact details of the

contracting authority or entity.



In the simplified procedure, it shall also indicate



1. the tenders may be submitted;



2. the date on which the bids no later than should have been received, and



3. the date through which the tender shall be binding.



The selection procedure should the advertisement with ansökningsinbjudan

indicate:



1. how requests may be made, and




2. on the day on which the application no later than should have been received.



Advertising on ex ante transparency notice



section 7 a contracting authority or entity which intends to

award a contract by direct agreement pursuant to paragraph 3 of the other

subparagraph may advertise its intention in an electronic database which

is widely available (ex ante transparency notice).



Government Announces rules on the content of an advertisement if

ex-ante transparency.



Means of communication in procurement



section 8 Provisions in Chapter 10. 1-6 sections and section 7, first paragraph

applies to requests to participate and tenders for procurement

the meaning of this chapter.



Deadlines for submitting requests to participate and tenders



section 9, candidates and tenderers shall be given a reasonable time to

come in with the applications and tenders. Time to get

in with requests, however, must never be less than ten

days from the date of ansökningsinbjudan was published

in accordance with paragraph 5.



Provision of supplementary information



section 10 of the contracting authority or entity shall at

simplified procedure and selection process issue

additional information on the specifications by

six days before the specified deadline to submit tenders;

provided that such information was requested in a timely manner.



Opening of tenders



section 11 shipments with tender shall, as soon as possible after

bid closing, opened at a business where at least two

persons designated by the contracting authority or

the device should participate. Tenders should be placed in a list, as

to be certified by those participating in the ceremony. At the request of

tenderers must a person designated by a

Chamber of Commerce to attend. The cost of this will be paid by

the person making the request.



Tenders will be opened at the same time.



Correction of errors, clarification and supplementation



section 12 of the contracting authority or entity may allow a

candidates or tenderers are correcting an obvious

clerical error or miscount or other obvious errors

in the tender application or tender.



Authority or unit may require that an application or a

tenders to be clarified or complemented if this can be done without risk

for discrimination or restriction of competition.



Control and exclusion of providers



section 13 A candidates or tenderers shall be excluded from

participation in a procurement procedure in accordance with the prescribed

in Chapter 11. 1 §.



A candidate or tenderer may be excluded from

participation in a procurement within the meaning of section 11. 2 and 3 sections.



A contracting authority or entity by the supplier

request information on the conditions referred to in the first and

other subparagraphs in the contract documents, advertisements or

the letter specify the way in which the provider may make

the information.



14 § when checking if a vendor has fulfilled its

obligations in respect of social security contributions or the payment of taxes in

Sweden under Chapter 11. 2 paragraph 6, the

contracting authority or unit to obtain information

evidence of this from the competent authority.



Limited control



section 15, a contracting authority or entity may limit

control of such documents relating to the supplier's

convenience to candidates and tenderers set out in

the second and third subparagraphs. Provider shall be given a reasonable time to

come in with the requested documents.



In a simplified procedure to the data referred to in the first

subparagraph shall be requested and checked with regard to the or

the tender authority or entity intends to invite

in the hearing, or if no hearing takes place, the

tender authority or entity intends to assign

contract or framework agreement. Control should be done before

tenderers will be invited to the hearing and informed

If the award decision in accordance with section 21.



In a selection procedure or a competitive dialogue

to the data referred to in the first subparagraph shall be requested and

When it comes to the candidates as the authority

or the Unit intends to invite to tender and

to negotiate.



Examination of requests for participation and tenders



section 16 of the contracting authority or entity should examine all the

requests to participate and tenders have been submitted in due time, if

not subject to the provisions of section 13.



Access to other companies ' capacity



section 17 A supplier may, if necessary, with regard to a particular

contract invoke other business capabilities. Provider shall

by providing a commitment from the other companies

or otherwise demonstrate that the supplier will have

the necessary resources when the contract is to be performed.



Alternative grounds for the award of the contract



section 18 of the contracting authority or entity shall adopt either



1. the tenders is the most economically advantageous for the

contracting authority or entity, or



2. the tender with the lowest price.



The assessment of the tenders is the economically most

advantageous shall be made at 13 chapter. 1 section.



The contracting authority or unit to enter

how the different criteria mentioned in chapter 13. 1 section

be weighted in the assessment of the tenders it is economically

most advantageous or enter criteria in descending

the order of preference. That weighting can be expressed by providing for a range

with an appropriate maximum spread.



That weighting or priority should be set in

the advertisement of procurement, in ansökningsinbjudan or in

the specifications.



Abnormally low tenders



section 19 of the contracting authority or entity may reject a

tender if it finds that the price is abnormally low. The offer may

However, rejected only after authority or unit

in writing requested an explanation for the low offer and

not received satisfactory answers.



Documentation, notification, and storage of documents, etc.



section 20 of the contracting authority or entity should record

the reasons for their decisions and other relevant for

procurement on the procurement value exceeds 100 000

SEK. Law (2014:476).



section 21 at the simplified procedure and the selection procedure to the

contracting authority or entity, as soon as possible

inform candidates and tenderers of the

decision referred to in Chapter 10. 9 § and leave information

referred to in Chapter 10. section 10.



In the case of direct agreement contract, the contracting authority or

the device, when decisions on suppliers and bids taken,

inform tenderers of the decision as soon as possible.



A bidder is bound by their tenders although the tenderer

has received such notification or information that

referred to in the first subparagraph.



section 22 When a procurement has been completed, a Contracting

authority or entity which is not subject to the Archives Act

(1990:782) on safety store offers and

requests to participate with their descriptions, models and

drawings and bid lists, compilations,

protocols and the like.



The documents shall be kept for at least four years from the date on which the

the contract was awarded.



Communication to the Commission of the outcome of a procurement

by B-services



section 23 If a contract having as its object services within the meaning of annex 3 (B-

services) is not less than the applicable threshold of 3 ch.,

should the contracting authority or entity within 48

days after the contract assigned to inform the

Commission of the European communities.



16 Cape. The contractual locking, justice and reparation



The contractual locking



General provisions on contract barrier



§ 1 If a contracting authority or entity is required to

send a notification of the award decision provided for in Chapter 10. 9

15 paragraph or Cape. section 21 and the notification has

sent using an electronic medium, the Contracting

authority or entity does not enter into agreements (contractual barrier) until

ten days have passed from the date on which the notification was sent.



If the notification has been submitted otherwise than by a

electronic resources for one or more candidates or

tenderers, the contract is not concluded until 15 days have passed

from the provision.



If a contracting authority or entity in the notification has

set a longer contract barrier than the prescribed minimum period,

getting agreement is not concluded until after the end of the specified

period.



Exceptions to the Agreement barring



section 2 Contracting locking does not apply



1. when awarding contracts for which the exception has been decided

pursuant to Chapter 1. section 9,



2. for the award of contracts for procurement without

previous advertising pursuant to Chapter 4. 4-10 sections,



3. for the award of contracts on the basis of the framework agreement in accordance with

Chapter 5. section 7, or



4. in the case of direct agreement contract which involves 15 Cape. paragraph 3 of the second paragraph.



The contractual locking at the ex ante transparency notice



In paragraph 3 of ex ante transparency notice under Chapter 8. section 4 or 15 Cape. section 7 may

the contracting authority or entity does not enter into contracts

until 10 days have passed from the date of advertisement of

ex ante transparency notice published.



Justice



General provisions concerning appeals before the Court



section 4, on application by an operator who claims to have suffered

or to suffer damage may General

Administrative Court review



1. a procurement, and



2. the validity of a contract concluded between a

General address of the contracting authority or entity and a supplier.



Competent court



section 5 an application for review to be made of the

administrative law in the area where the contracting authority

or entity is domiciled.



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



Review of a procurement



section 6 Of the contracting authority or the device has broken

against the basic principles of Chapter 1. 11 § or

other provision of this Act and this has meant that

the vendor has suffered or may suffer injury, should

the right to decide that the contract shall be made on or

may be terminated only after correction has been made.



Review of an award may not be made after the

agreements have been concluded between the contracting authority or

device and a service provider.




section 7 where the contracting authority or entity under

ongoing review of a procurement agreement in

battle with 1, 3, 8, 9 or 10 sec., to the right, on the plea of

provider, review of contract in accordance with 13-

15 sections.



Extended contract barrier



section 8 On an application for judicial review of a procurement has

made, continue the contractual lock-in 1 or 3 § to apply

during the proceedings in administrative law (extended

the contractual locking).



The Court may decide that any extended contract barrier should not be

apply.



Interim decision in appeal of a procurement



9 § in cases where Contracting locking according to 1, 3 or section 8 does not apply

the Court may decide that the contracting authority or

the device may not enter into contracts before something else have been determined.



Law, refrain from taking decisions within the meaning of the first subparagraph,

If the damage or inconvenience that the action would cause can

assessed to be greater than the damage for the vendor.



Period of 10 days



section 10 When an extended contract barring under section 8, the

contracting authority or entity does not enter into agreements until

ten days have passed from the time when the administrative law has determined

the goal.



When an administrative law or a Chamber right has taken a

interim order under section 9, the agreement is not concluded until

ten days have passed from the time when the Court has determined the goal

or revoked the decision.



When the Supreme Administrative Court has made an interim

decision pursuant to section 9, and decided to refer the case back to the

lower instance, the agreement is not concluded until ten days have passed

from the decision to refer the matter back.



The Court may decide that any period of ten days should not apply.



Time limits for the application for judicial review of a procurement



section 11 of the application for judicial review of a contract should be

the administrative law before the end of such

the contractual locking referred to in 1 or 3 section.



section 12 of the application for judicial review of a decision to cancel a

procurement should be notified to the administrative law before ten

days have passed from it to the contracting authority or

device with an electronic medium has sent a

notification of the decision and indicated the reasons for this.



If the notification has been submitted otherwise than by a

electronic resources for one or more candidates or

tenderers, to an application for judicial review have been submitted to the

administrative law before 15 days have passed from the provision.



Review of the validity



13 § Right to decide that a contract concluded between

a contracting authority or entity and a supplier is

invalid, if the agreement has been concluded



1. without prior advertisement according to Chapter 8. 1 or 2 § or

15 Cape. 5 § or



2. in accordance with a procedure in Chapter 5. section 7 without the conditions have

followed as set out in the said section or of the framework agreement

the new bidding process and this has

meant that the supplier has suffered or may suffer

damage.



An agreement shall also be declared invalid if it has been concluded in

violation of the provisions on contractual lock-in 1, 3 or section 8, a

interim order under section 9 or 10-day period in §

or when the transaction is concluded before notification of

award decision under 10 Cape. paragraph 9 or

15 Cape. section 21. For invalidity in such cases is required in addition to

the basic principles in Chapter 1. section 11 or any other

provision of this Act has been breached and this has resulted in

that the supplier has suffered or may suffer damage.



14 § if there is an overriding reason relating to the public interest,

should the right to decide that the agreement may be made up even though

conditions for invalidity under section 13 are met.



section 15 rules on invalidity of section 13 shall not apply



1. the contracts concluded by the contracting authorities, or

Unit on the basis of a framework agreement in accordance with Chapter 5. section 7, if the

contracting authority or entity sent a

notification of the award decision referred to in Chapter 10. 9 §

the first paragraph, as well as to comply with a contract barring according to section 1,

or



2. where a contracting authority or entity by

ex-ante transparency according to Chapter 8. section 4 or 15 Cape. section 7 has announced

its intention to procure and comply with contractual lock in

ex ante transparency notice under section 3.



Interim decision in appeal by a validity



section 16 of the Law may decide that a contract may not be carried out to

its something else have been determined.



Law, refrain from taking decisions within the meaning of the first subparagraph,

If the damage or inconvenience that the action would cause can

assessed to be greater than the damage for the vendor.



Time limits for the application for review of a Contracting

validation



section 17 of an application for judicial review of the validity of a will,

without prejudice to the second subparagraph, reach the

administrative law within six months of the agreement

concluded.



Applications must be received by the administrative law before 30

days have passed from the date of



1. the European Commission has published an advertisement in accordance with

Chapter 8. section 3 or in accordance with Chapter 15. section 23, or



2. the contracting authority or entity in writing

inform candidates and tenderers of the agreement

have been concluded and has provided a summary of such

information referred to in Chapter 10. section 10.



Calculation of certain times



section 18 for the purposes of calculating the length of a Contracting locking and

tiodagarsfrister in accordance with section 10 and the time limits for the application for

appeal to section 2 of the Act (1930:173) on the calculation of

statutory time applied.



Ban appeal



section 19 a decision which this law applies shall not

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



Damages



section 20 of the contracting authority or entity which have not complied with

the provisions of this law shall replace thus resulting

injury to a vendor.



Right to reparation includes compensation to a

candidates or tenderers who have participated in a

procurement and who have had costs in preparing bids

and otherwise participate in the contract, if the infringement of

the provisions of this Act adversely affected his or

her ability to be awarded the contract.



section 21 claim for damages to be brought before a court within

one year from the date on which agreements have been concluded between the

contracting authority or entity and a supplier or

has been declared invalid pursuant to section 13, a decision that

has the force of res judicata. Brought not the action in time, is the right to

damages is lost.



17 Cape. Procurement analysis fee



General provisions on procurement-impeding damages



paragraph 1 of the General Administrative Court may decide that a Contracting

authority or body shall pay a special fee

(procurement injury fee) if



1. General Administrative Court in a judgment won

the force confirmed that an agreement may consist, in spite of the fact that the

has been concluded in breach of the provisions of contractual lock-in

16 Cape. 1, 3 or section 8,



2. General Administrative Court in a judgment won

the force confirmed that an agreement may consist of mandatory

account of public interest according to Chapter 16. § 14, or



3. the authority or entity has concluded an agreement with a

supplier without prior advertisement according to Chapter 8. 1 or 2

§ or 15 Cape. 5 §.



section 2 of the regulatory authority shall in General Administrative Court

apply to a contracting authority or entity shall pay

procurement-impeding damages in the cases referred to in paragraph 1 of 1 and 2.



The regulatory authority may in general administrative courts apply

If a contracting authority or entity shall pay

procurement-impeding damages in the cases referred to in paragraph 1 of the 3.



Competent court



section 3 of The application to the contracting authority or entity

will pay to make the procurement-impeding damages of the

administrative law in the area where the contracting authority

or entity is domiciled.



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



The rate of charge



section 4 of the Procurement analysis fee must be not less than

10 000 kroons and not more than 10 0000 0000 kroons. The fee shall not

exceed 10% of the contract value.



The calculation of the contract value will be carried out in accordance with Chapter 3. 2 and 3 sections

or 15 Cape. 4 section.



5 § in determining procurement damage fee

should take particular account of the gravity of the infringement.



In call cases, a fee is not decided. The charge may

remitted, if there are exceptional circumstances.



Deadlines for application for fee



section 6 of the application for procurement injury fee according to section 1 of 1 or 2

to reach the administrative law within six months from the

the date on which the ruling that the application is based on has

has the force of res judicata.



section 7 When applying for imposing procurement injury fee based

on paragraph 1 of 3 and one or more providers have applied for

review of the contract within the time limits

specified in Chapter 16. section 17, the application may not be made until the deadline

and all decisions in respect of

appeal proceedings has become final. Applications must have been submitted

to administrative law within six months from the date of

all decisions in respect of the appeal have won

the force of law.



When no vendor has applied for judicial review of the

validation within the time limits laid down in Chapter 16. section 17, to

applications have been received by the administrative law within one year from the

the agreement was concluded.



Payment of fee, etc.



8 § Procurement impeding belongs to the State.



§ 9 Procurement analysis fee is to be paid to

the supervisory authority within 30 days of the decision

as regards the charge has become final or the

longer period specified in the decision.



If the fee is not paid in time, the regulator should provide

the unpaid fee for collection. Provisions on

Recovery Act (1993:891) for recovery of State

requirements, etc.



10 § established procurement injury charge falls away, if

the decision regarding the fee could not be enforced


within five years from the judgment has become final.



18 Cape. Supervision



General provisions on supervision



§ 1 the Government announced regulations on the authority

supervises procurement under this law.



2 section at its oversight, the Agency may obtain all necessary

information for its regulatory activities from Contracting

authorities or entities or can be presumed to be a

General address of the contracting authority or entity. The information referred to in

first and foremost, be obtained by written procedure. If it is on

because of the scope, urgency or any other

relationship is more appropriate, the data collected by

visits to the contracting authority or entity.



section 3 of the contracting authority or entity and which can

is assumed to be a contracting authority or entity is required

to provide the information which the supervisory authority

request for its supervision.



Injunction



4 § if necessary, to the regulatory authority shall be able to exercise

their supervision according to this law, the Agency may submit a

General address of the contracting authority or entity or the likely

be a contracting authority or entity to communicate,

to view a document or to hand over a copy of the

the action.



An order referred to in the first subparagraph may be appealed to

General Administrative Court.



When an order subject to appeal, is the supervisory authority

counterpart of General Administrative Court.



Competent court



paragraph 5 of The notice under section 4 may

be appealed to the administrative law in the area where the

the injunction is directed at residents.



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



Transitional provisions



2011:1029



1. This law shall enter into force on 1 november 2011.



2. the Act shall not apply to the contracts that have been started

before the entry into force.



2014:476



1. This law shall enter into force on 1 July 2014.



2. Older provisions apply to contracts which have

commenced before the entry into force.



Annex 1



/Bilagan is not here/



Annex 2



List of service contracts (A)



Category Topic

number



1 maintenance and repair services



2 Services for military aid to foreign countries



3 Armed Services, military defence services and

civil defence services



4 Investigation and security services



5 inland transport



6 air transport services: transportation of

passengers and freight, with the exception of

mail transportation



7 transport of mail by land and by air



8 rail transport services



9 maritime transport services



10 assistance services and services related to

transport



11 telecommunications services



12 financial services: insurance services



13 Data processing services

coherent services



14 research and development services and

evaluation sample, with the exception of research

and development services which are not exclusively

for the benefit of the contracting authority

or the unit in its own activities, in

provided that these services completely

funded by the contracting authority

or device



15 accounting, auditing and bookkeeping services



16 management consulting services, with the exception of

mediation and conciliation services, and thereby

coherent services



17 architectural services, engineering services and

integrated engineering services, urban planning

and landscaping, related

Scientific and technical consulting services,

technical testing and analysis



18 real estate cleaning and property management



19 sewage and sanitation services:

cleaning and related services



20 Training and simulation services on

defence and security



Annex 3



List of service contracts (B)



Category Topic

number



21 hotel and restaurant services



22 Help services and services related to

transport



23 legal services



24 Recruitment and selection of personnel, with the exception

of employment contracts



25 health and social services



26 other services



Annex 4



Definition of certain technical specifications



Of the Act for the purposes of

apply:



1. (a)) technical specifications: in the case of

works contracts, all technical regulations,

which among other things will be added to the General

specifications, identifying the characteristics

required of a material, a product or a product to

the material, product or supply is to be described

in such a way that it is suitable for the

Contracting Authority's or unit's planned

use. These characteristics shall include levels of

environmental performance, design for all

uses (including accessibility for

people with disabilities) and assessment of

compliance, performance, safety and dimensions, as well as

procedures for the evaluation of quality assurance,

terminology, symbols, testing and test methods,

packaging and labelling as well as production processes and

-methods. They should also include provisions on

design and cost, testing and inspection rules,

conditions of work shall be adopted, the technology

or methods of construction, as well as all

the other technical conditions which the Contracting

authority or entity according to the law

Constitution may specify in respect of the completed

works and if the materials or parts which they involve.



b) technical specification: in the case of service or

supply contracts, a specification in a document with

an indication of the requirements for a product or a service

properties, such as quality levels, environmental performance levels,

design for all uses (including

accessibility for persons with disabilities) and

conformity assessment, performance, product

intended use, safety or dimensions, as well as requirements on

the product on the label under which the

sold, terminology, symbols, testing and

test methods, packaging, marking,

operating instructions, production processes and methods

and the various phases of the conformity assessment procedures.



2. standard: a technical specification laid down

by a recognised standardisation body for repeated or

continuous application, with which compliance

is not mandatory and belonging to one of the following

types of standards:



-International standard: a standard approved by the

an international standards body and made

available to the public.



-European standard: a standard adopted by a

European standardisation body and made available

for the general public.



-National standard: a standard adopted by a

national standardisation body and made available

for the general public.



3. Defense standard: a technical specification which is not

compelling and approved by a recognized

standardisation bodies at the international, regional or

national level, specialized in the development of

technical specifications for repeated or continuous

application in the field of defence.



4. "European technical approval" means a favourable technical

assessment of a product's suitability for use

for a particular purpose, based on the fundamental

the requirements of the work are met by

the constitutive properties together with the

conditions laid down for the use and

exploitation. A European technical approval shall

issued by an agency for approval for this

purpose designated by the Member State.



5. common technical specification: a technical

specification drawn up in accordance with a

procedure recognised by the Member States and having

published in the official

newspaper.



6. technical reference: a product, with the exception of

official standards, produced of a European

standardisation bodies in accordance with the procedures

adapted to developments in market needs.