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
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
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
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
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.
section 2 of the contracting authority will continuously solicit
applications through ad on the main site.
Chapter 4. Request the content
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
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
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
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
2 section for individuals who do not select a supplier to the
Contracting Authority provide a ickevalsalternativ.
10 Cape. Remedies, etc.
§ 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.
section 3, an application for amendment under section 1 shall be made in the
administrative law in whose area of jurisdiction the contracting authority
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.
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
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
§ 9 a contracting authority is obliged to provide the
information which the supervisory authority requests for their supervision.