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Law (2008:962) On The Free Market System

Original Language Title: Lag (2008:962) om valfrihetssystem

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Chapter 1. The scope of the law

The scope of the law

section 1 of this Act applies when a Contracting Authority decided to

apply the optionality system with respect to services in the health care

and social services, which are listed as B-services category

25 in annex 3 to the Act (2007:1091) on government procurement.

The law does not apply to services covered by the CPV code

85311300-5 (child and youth care) according to the European Parliament's

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

If a common procurement.

With the free market system under this Act refers to a procedure whereby

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

the service and as a contracting authority approved and signed

contract with. the contracting authority need not

apply the same free market systems in all relevant areas.

The principles of the free market system

section 2 of the contracting authority shall treat the

equally and without discrimination. The Contracting

the authority shall observe the principles of transparency, mutual

recognition and proportionality when applying the

free market system.

Application of administrative procedure act

section 3 of the Administrative Procedure Act (1986:223) shall not apply to

the handling of matters under this Act.

Chapter 2. Definitions

1 section With specifications provided such documents for application

to participate in a free market system as a Contracting

authority provides.

2 § with contract "means a written agreement with economic


1. concluded between one or more Contracting authorities and one

or multiple vendors,

2. relating to the provision of services, and

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

electronic signature.

The contract may also contain conditions other than economic.

3 § With supplier means the who on the market provides

services referred to in Chapter 1. Article 1, first paragraph. With provider

also refers to a group of vendors.

4 section With ongoing advertising referred to an ad that is valid until

Furthermore, where there is no specified end date to come

submitted with the application.

5 § With publicly controlled bodies referred to such companies and

foundations that meet needs in the general interest,

provided that the need is not for commercial

character, and

1. for the most part funded by a municipality, a

County Councils or the contracting authority,

2. the activities under the control of a municipality, a

County Councils or the contracting authorities, or

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

half of the number of members appointed by a municipality, a

County Councils or a contracting authority.

section 6 With service refers to service such as shown in Chapter 1. 1 §

the first paragraph.

7 § With contracting authority "means a municipal authority.

For the purposes of this Act, with the contracting authorities

be equated

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

2. publicly controlled bodies referred to in paragraph 5,

3. the associations of an authority or authorities referred to in the first

subparagraph or assemblies under 1, and

4. associations of several agencies under the 2.

Chapter 3. Advertising

Obligation to advertise on national website

§ 1 A contracting authority which decided to set up or

change the optionality system to advertise on national

website set up for the purpose. Specifications

together with the ad available on

the Web site.

Current advertising

section 2 of the contracting authority will continuously solicit

applications through ad on the main site.

Chapter 4. Request the content

Financial compensation

section 1 the basics of the financial compensation to a

supplier shall be indicated in the specifications.

Special contractual conditions

section 2 contracting authorities may lay down special social,

environmental and other conditions for how a contract should

be fulfilled. All the conditions to be specified in the ad if

free market system or the specifications.

Submission and turnaround time of the application

section 3 of the notice or the tender documents shall be indicated on the

manner the application should be submitted.

4 section in the specifications shall indicate the period within which the

Contracting Authority will decide on


section 5 For the assessment of where a document shall be considered to be added to the

the contracting authority shall apply the provisions of section 10

administrative law (1986:223).

Chapter 5. Request for participation in a free market system

The right to participate in a free market system

section 1 of the natural or legal persons can separately or

along with other providers, submit an application. The

Contracting authorities may not impose conditions that an

Group must have a specific legal form in order to leave a

the application. However, the contracting authority may request that a

Group to take a specific legal form when it has been assigned

the contract, if it is required for the contract to be fulfilled

in an acceptable manner.

Access to other companies ' capacity

section 2 a claimant may invoke other business,

technical and professional capacity of the application. The applicant shall

by providing an undertaking offered by the companies in question

or otherwise demonstrate that he or she will

have at their disposal the necessary resources when the contract is to be performed.

Chapter 6. Communication

Communication by electronic means

§ 1 when communicating by electronic means should the funds be

non-discriminatory, generally available and possible to

use in conjunction with such hardware and software in the

generally used.

Correction of errors, clarification and supplementation

section 2 of the contracting authority may grant to an applicant

correcting a clerical error or any other obvious errors in the

the application. The contracting authority may require that an application

clarified or complemented.

Chapter 7. Exclusion of applicant

Circumstances that may result in the exclusion of applicant

(1) the contracting authority may exclude an applicant who

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

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

their payments or are subject to disqualification,

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

or other similar proceedings,

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

professional practice,

4. has been guilty of grave professional misconduct proven by

and the contracting authority can show this,

5. have not fulfilled their obligations relating to the

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

State within the European economic area, or

6. in any material respect, has failed to provide requested

information or provided false information as requested

by virtue of this section.

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

the representative of the legal person has been convicted of such a

offences referred to in the first subparagraph 3 or committed

such a failure referred to in the first subparagraph 4.

The contracting authority may require that an applicant shows

There is no reason to exclude him on the basis

of the first subparagraph, 1, 2, 3, or 5.

Proof and evidence for applicants

section 2 of the contracting authority as proof that it is not

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

official register or other equivalent document when it

applies a relationship referred to in article 1, first subparagraph 1, 2

or 3 and a certificate from the competent authority in the case of a

relationship within the meaning of paragraph 1(1), 5.

If the documents or certificates referred to in the first subparagraph

not be issued in the applicant's home country or country of origin, or

does not cover all the cases referred to in article 1, first subparagraph

1-3, they can be replaced with an affidavit submitted in good

conscience or of a similar declaration.

If an applicant is registered in an official list of

approved suppliers in a country in the EEA, the Contracting

the Agency assumed that the applicant cannot be ruled out that

supplier under paragraph 1(1), 1-5.

Chapter 8. Approval and conclusion of contract

Decision approving the

(1) the contracting authority shall accept all applicants

which meet the requirements specified in the advertisement and

specifications and has not been excluded on the basis of

Chapter 7. § 1.

Notification of decisions

2 § when the decision is made whether an applicant may participate in

free market system, contracting authorities shall as soon as

possible give notice to the applicant of the decision and

the reasons for it.

Such notification shall be provided to the applicants even when the

contracting authority decides to cancel the creation of the

free market system.

Where the contracting authority decides not to approve the

the applicant as the supplier of choice system to the

Contracting authorities shall provide information on how to rectify

is sought.

Subscription of the contract

section 3, Then the contracting authority consent,

the authority shall without delay take out contracts with the supplier.

Chapter 9. Information and ickevalsalternativ

The contracting authority's information responsibilities

(1) the contracting authority shall provide to the individual

information on all suppliers authority cartoons

deal with in the context of the free market system. Information

should be factual, relevant, comparable, understandable and

easily accessible.


2 section for individuals who do not select a supplier to the

Contracting Authority provide a ickevalsalternativ.

10 Cape. Remedies, etc.

Corrigendum to:

§ 1 A supplier, claiming that a Contracting

authority violated a provision of this Act, may apply for

correction of the General Administrative Court.

Only the applicants who are not approved may request rectification of

the contracting authority's decision in accordance with Chapter 8. § 1.

An application for rectification shall be made in writing.

section 2 If the contracting authority has violated any

provision of this Act and this led to a vendor

suffered or may suffer injury, it shall decide to

the contracting authority shall take corrective action.

Competent court

section 3, an application for amendment under section 1 shall be made in the

administrative law in whose area of jurisdiction the contracting authority

is domiciled.

An application referred to in article 1, the second subparagraph shall be notified to

General Administrative Court within three weeks from the

communicated in accordance with Chapter 8. 2 §.

Leave to appeal is required for an appeal to the administrative court.

Law (2009:856).

Ban appeal

paragraph 4 of the decision that this law is applicable to must not

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


section 5, a contracting authority which did not comply with the provisions of

This Act will replace the applicant thereby resulting damage.

Actions for damages based on the decision in accordance with Chapter 8. 1 §

must be brought within one year of the Contracting

the Authority decided not to accept the applicant.

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

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

Exceptions to the rectification and indemnity

section 6 of the provisions of this chapter if the rectification or indemnity

does not apply to the contracting authority's decision on information

and ickevalsalternativ.


section 7 of the Government appoints an authority to supervise

free market system under this Act.

section 8 Supervisor may obtain such information from the

Contracting authorities that are necessary for the purposes of supervision.

This information is primarily collected through a written

procedure. If because of the material's scope, urgency

or any other relative is more appropriate, get information

instead obtained by visits to the contracting authority

or orally.

§ 9 a contracting authority is obliged to provide the

information which the supervisory authority requests for their supervision.