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.