Chapter 1. The law's content and scope and the General
provisions
The law's content
section 1 of this Act are regulations on
-the teams ' content and scope and the General
provisions (Chapter 1),
-definitions (Chapter 2),
-thresholds (Chapter 3),
-public procurement procedures (Chapter 4),
-a framework agreement (Chapter 5.)
-electronic auction (5 a Cape.)
-technical specifications and specific contractual terms in
specifications etc. (Chapter 6),
-advertisement of procurement (Chapter 7),
-deadlines to submit requests to participate and tenders
etc. (Chapter 8),
-communication, information and documentation (Chapter 9),
-exclusion of providers (10 chapters),
-qualification and qualitative selection (11 kap.)
-the award of contracts (Chapter 12),
-service design contests (Chapter 13.)
-tenders comprising products originating in third countries (14
Cape.)
-procurement contracts not covered by the directive (Chapter 15),
-Contracting locking, justice and reparation (chap. 16),
-procurement claims fee (chapter 17), and
-supervision (chapter 18).
To the law include the following attachments:
-List of works contract (annex 1)
-List of the service contracts (services) (annex 2)
-List of the service contracts (B) (annex 3)
-Definition of certain technical specifications (annex 4)
Law (2010:572).
The scope of the law
section 2 of this Act apply to the award of public works contracts,
goods and services in respect of activities in the areas of water,
energy, transport and postal services within the meaning of §§ 4-10. The law
also applies when a contracting entity organizes
design contests. What is meant by procurement and
contracting entity shown in Chapter 2. section 23 and section 20.
Only 15 Cape. apply in the case of contracts which
1. relating to the services referred to in annex III (B), or
2. relating to other contracts, whose value is less than the
thresholds laid down in the law.
In the case of contracts which have as their object services listed in annex II
(A) does not apply in chapter 13.
A contract that covers both A-and B-services services
considered to be a contract of services about the value of A
services exceeds that of the B-services. In other cases, the
the contract in its entirety is considered to be a procurement of B
services.
The Government announced in Svensk författningssamling CPV
reference number for works contracts as well as CPC and CPV
reference number of A and B services.
Law (2011:1031).
section 3, there are provisions on public procurement law
(2007:1091) on government procurement.
Procurement in the field of defence and security
3 a of this Act shall not apply to contracts
1. subject to the Act (2011:1029) on the procurement of defence
and security area, or
2. is exempt pursuant to Chapter 1. 7, 8, 9 or section 10 of the Act.
Law (2011:1031).
Activities covered by the Act
Gas, heat, electricity and drinking water
section 4 of The activities covered by this law if it consists of
1. the provision or operation of fixed public networks in connection
with the production, transport or distribution of gas, heat, electricity
or drinking water, or
2. the supply of gas, heat, electricity or potable water to such
networks as referred to in 1.
§ 5 If another contracting entity other than a contracting authority
supplying gas or heat to a public network, this
not be regarded as such an activity referred to in section 4, if
1. the unit's production is an inevitable consequence of another
activities than any of those referred to in 4, 7, 8, 9 or 10,
2. supply to the public network only
Use this production economically, and
3. supplies amounts to not more than 20 per cent of the device's
sales, calculated according to the average of the last three
the years.
6 § If another contracting entity other than a contracting authority
deliver electricity or potable water to a public network, the
This is not to be regarded as such an activity referred to in section 4, if
1. the unit's production needed for an activity other than any
of those referred to in 4, 7, 8, 9 or 10,
2. supply to the public network depends only on the entity's
private consumption, and
3. supplies amounts to no more than 30% of the entity's
total production of electricity and drinking water, calculated after
the average for the last three years.
section 7 of this Act also applies to procurement and
contests which are organised by contracting entities which
engaged in activities relating to drinking water, according to paragraph 4, if
procurement or contest related to
1. hydraulic engineering projects, irrigation or land drainage and
the volume of water used for drinking water supply
represent more than 20 per cent of the total volume of water
provided by these projects or irrigation or
drainage installations, or
2. the disposal or treatment of sewage.
Transport services
section 8 an activity covered by this law if it consists of
the provision or operation of public networks in the form of
transport by railway, automated systems, tramway,
Metro, bus, trolley bus or cable car.
A network transport services shall be deemed to exist if the service
is provided in accordance with the conditions laid down by a competent
authority and relating to route, available
transport capacity, frequency and similar conditions.
The first subparagraph shall not apply to such transportation activities
specified in section 22.
Postal services, etc.
section 9 of this Act includes an activity consisting of services
According to Chapter 2. section 13.
Exploration or extraction of oil, gas, coal or other
solid fuels and the provision of ports and airports
section 10 of The activities covered by this law if it consists of
the exploitation of a geographical area for the purpose of
1. prospecting or extracting oil, gas, coal or other solid
fuels, or
2. provide access to airports, ports or other terminal facilities
for shipments in the air or at sea or on Inland
waterways.
Exemptions from the scope
Works and service concessions
section 11 of this Act do not apply to the award of public works concessions
or service concessions granted for such activities as
covered by the scope of the law according to §§ 4-10.
Contracts for resale or hire to third parties
section 12 of this Act does not apply to purchases made at
resale or hire to third parties, if the
contracting entity has no special right or
the exclusive right to sell or lease the subject-matter of the contract and
others also have the right to sell or lease it under the same
conditions as the contracting entity.
Contracting entities are required to at the request of the European
notify to the Commission the categories of products and activities which it
regard as excluded under the first subparagraph. Law (2010:572).
Activities in third countries, as well as notification to the Commission
section 13 of this Act do not apply to contracts awarded for the
a country that is not bound by the agreement on the European
economic area (EEA) exercising such activities as
covered by the scope of the law according to §§ 4-10 without
physical use of any network or geographical area within a
or more EEA countries.
Contracting entities are required to at the request of the European
the Commission report the activities which it considers to be
exempt under the first subparagraph. Law (2010:572).
Exceptions on grounds of confidentiality
13 a of the provisions of this Act do not apply to procurement
covered by the obligation of professional secrecy. Law (2011:1031).
Procurement under other international rules
section 14 of this Act do not apply to contracts covered by other
provisions and in accordance with
1. an international agreement between any of the States in the EEA
and any other State for a project that is common to the
Contracting States,
2. the procurement procedures which have been agreed in a
international agreement relating to the stationing of
military personnel, or
3. procurement procedures which have been agreed in a
international organisation.
Affiliated companies and joint ventures
section 15, Under the conditions set out in section 16 does not apply
This law of contracts
1. a contracting entity awards to an affiliated undertaking, or
2. a joint venture, formed exclusively by a number of Contracting
devices for carrying out activities which fall within the scope of the law
scope of the Regulation pursuant to §§ 4-10, assign to an undertaking which is
affiliated with any of them.
section 16 of the provisions of section 15 applies, provided that
delivery on the occasion of the award of works contracts,
supply or service contracts equal to at least 80% of the
average turnover of the affiliated undertaking
works, supplies and services under the
the previous three years.
About a related company cannot show their turnover for the
the previous three years due to the timing of the company's
establishment or operation's commencement, the company gets through
forecasts for business or otherwise make
likely that the proportion of the turnover referred to in the first
the paragraph will be achieved.
If more than one company which is affiliated to the Contracting
the device provides the same or similar works,
goods or services, the share is calculated taking into account the
the total turnover resulting from public works contracts, public supply contracts
the respective services from those connected undertakings.
section 17 of this Act do not apply to contracts
1. a joint venture, formed exclusively by Contracting
devices for carrying out activities which fall within the scope of the law
scope of the Regulation pursuant to §§ 4-10, assign one of these
contracting entities, or
2. a contracting entity awards to such joint ventures
the unit is part of, the joint venture has been formed to
carry out the activity concerned over a period of at least three years
and there in the document provided for the formation of
the company States that the contracting entities of which it is composed
will be included in it, for at least the same amount of time.
section 18 at the request of the European Commission, a Contracting
entity that awarded a contract pursuant to any of the
exemptions under section 15 or 17 send information to the Commission
If the names of the undertakings or joint ventures and
If the value of the contracts concerned the nature and
the evidence which the Commission considers to be necessary in order to
view that the relationship between the undertaking or joint venture
and the contracting entity complies with the requirements of §§ 15-17.
Law (2010:572).
Specific exemptions
section 19 of this Act do not apply to contracts relating to
1. acquisition of real estate, lease, leasing, condominium,
long lease, easement or other right to
real estate, however, the law of procurement of financial
services in respect of contracts referred to in this paragraph,
2. arbitration or conciliation commissions,
3. financial services in connection with the issue, sale,
the acquisition or transfer of securities or other
financial instruments,
4. employment, or
5. research and development services, with the exception of those
whose benefits accrue exclusively to the contracting entity in the
own operations and paid for by the contracting entity.
With the property referred to in the first subparagraph 1 referred to it which, under the
land code is or belongs to a property. Existing building
that belong to someone other than the owner of the earth shall also be considered to
constitute a property. The same applies to those accessories to
the building described in Chapter 2. 2 and 3 of the land code, if the
belongs to the building's owner.
Service contracts awarded on the basis of an exclusive right
section 20 of this Act do not apply to service contracts which are a
contracting entity awards a contracting authority on
because of the law and has the exclusive right to perform
the service.
Contracts relating to water, energy or fuel in some cases
section 21 of this Act do not apply to contracts awarded by a
contracting entity and refers to
1. acquisition of water, if the contracting entity
activities referred to in paragraph 4 relating to drinking water, or
2. the supply of energy or fuel for energy production, if
the contracting entities carrying out activities in accordance with paragraph 4 of that
relates to electricity, gas or heat or activity referred to in section 10 1.
Some bus transportation services
section 22 of the Act does not apply to contracts relating to
bus transportation activities under section 8 if the activity was
excluded from the scope of Council directive
93/38/EEC of 14 June 1993 concerning the coordination of
procurement procedures of entities operating in the
water, energy, transport and telecommunications sectors
as last amended by Commission Directive 2001/78/EC under
its article 2(4) and commenced by 30 april 2004.
Directly competitive business
section 23 of this Act does not apply if it is established under the
special procedure laid down in article 30 of
European Parliament and Council Directive 2004/17/EC of 31
March 2004 coordinating the procurement procedures of entities operating in
the water, energy, transport and postal services, as last
amended by Commission Regulation (EC) no 2083/2005, to
the activity is directly exposed to competition on markets with free
access.
The European Commission is trying at the request of a
contracting entity if the conditions referred to in the first subparagraph
are met for certain activities. Law (2010:572).
General provisions
Principles of procurement
section 24, contracting entities shall treat suppliers on a
equally and without discrimination and implement
procurement in a transparent manner. In procurement shall further
the principles of mutual recognition and proportionality
observed.
24 a of the contracting entities should take into account the environmental and social
into account in procurement of the art justifies this.
Law (2010:572).
Contracts involving more than one activity
section 25 where a contract relates to more than one business, the
provisions applicable as applicable to the activity for which the
the contract essentially.
section 26 If a contract is intended for both a business that
subject to this Act and an activity covered by the Act
(2007:1091) on the award of public contracts, the latter Act
apply to the contract if it is not possible to determine
the activities which the contract essentially.
section 27 If a contract is intended for both a business that
covered by this law and any other activities that are not covered
of whether that law or the law (2007:1091) on public
This law shall apply to the procurement contract if it is not
It is possible to determine the activity for which the contract
mainly refers to.
section 28 a contracting entity may not choose to assign only
a contract involving more than one activity or separate
contracts for the various activities in order to
the provisions of this Act or in the Act (2007:1091) concerning the
the award shall not be applicable.
The right to participate in a procurement
section 29 A 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
by the supplier shall be a natural or a
legal person.
In the case of service and works contracts or
supply contract which also includes services or installation and
installation operations, legal persons are invited to
the tender or application name and professional qualifications
of the persons who are to perform the services.
section 30 of the groups of suppliers have the right to apply for
to submit a tender and to submit a tender. The Contracting
the device shall not set up conditions that such groups shall
have a specific legal form in order to get leave requests
or an offer. The device may, however, request that a group must have
a specific legal form when it has been awarded the contract and, if
It is required for the performance of the contract on a
acceptable way.
Chapter 2. Definitions
General definitions
section 1 Of the candidates referred to the applicant for participation in the
a restricted or negotiated procedure or in
a selection procedure in accordance with Chapter 15.
2 § With affiliated undertakings referred to
1. any undertaking over which the contracting entity has a
controlling interest,
2. undertakings which can exercise a dominant influence over a
contracting entity, and
3. companies along with a contracting entity under
dominant influence of another undertaking as a result of ownership
or their financial participation therein, or the rules
the company is subject.
With related undertaking means all undertakings whose
the annual accounts will be consolidated with the entity's
in accordance with the requirements of the seventh Council Directive 83/349/EEC of 13
June 1983, as last amended by European Parliament and Council
Directive 2006/46/EC.
A dominant influence shall be presumed to exist if a
contracting entity, directly or indirectly, in relation to
a company, holds more than half of the shares in the company
or control the majority of votes on the basis of
share ownership or equivalent, or can appoint more than half the
the number of members of the company's Board of directors or equivalent
governing body.
section 3 with the works contract "means a contract which
1. refers to the execution, or both the design and execution of
work that is attributable to an activity listed in annex
1, or
2. causes a work realized, no matter how
the contract should be designed according to requirements set by the
contracting entity.
With construction works referred to the overall performance of the construction and
construction work that is sufficient of itself to fulfil an
economic or technical function.
4 section With works concession ' means a contract of the same type as a
works contract but that means that remuneration
or partly consists of the right to use the facility.
section 5 With the CPV nomenclature referred to the common terminology in the
public contracts as adopted by regulation of the European Parliament and
Council Regulation (EC) No 2195/2002 of 5 november 2002 on the
common procurement vocabulary (CPV), as amended
Commission Regulation (EC) no 2151/2003.
About NACE or the CPC nomenclature in annexes 1-3 differs from
The CPV have these precedence.
6 § With electronic means provided medium that transmits signals through
wire or by radio, by optical or by other
electromagnetic transmission media.
6 a § With electronic auction means a repetitive process with
electronic device for the presentation of new
prices and/or new values concerning certain elements of tenders.
Law (2010:572).
section 7 of the recognised bodies referred to such testing and
calibration laboratories and inspection bodies and
certification which comply with applicable European standards.
section 8 With specifications provided such documentation for tenders
as a contracting entity provides a vendor.
section 9 with the negotiated procedure ' means a procedure whereby the
contracting entities shall invite selected suppliers and
negotiate the terms of the contract with one or more of them.
9 a of the "central purchasing body" is a contracting authority which:
1. includes framework agreement for works, supplies or services
intended for contracting entities, or
2. participate in a procurement, acting as agent for several
contracting entities. Law (2010:572).
10 § with contract "means a written agreement with economic
conditions
1. concluded between one or more Contracting entities and a
or multiple vendors,
2. object 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 11 with the vendor referred to it as the market provides
goods or services or carry out works.
With the vendor provided also groups of suppliers.
section 12 with the publicly controlled bodies referred to such companies,
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. the majority of which are funded by the State, a municipality,
a County Council or a contracting authority,
2. the activities under the control of the State, a municipality,
a County Council or a contracting authority, or
3. the Board of directors or equivalent governing body more than half
the number of members appointed by the State, a municipality, a
County Councils or a contracting authority.
section 13 With postal services means the collection, sorting, transport and
delivery of postal items.
With postal item means an item addressed in the
final form in which it is to be carried, such as
correspondence, books, catalogues, newspapers and magazines
and postal packages containing merchandise with or without commercial
value.
With related postal services "means the following services
provided by an entity which also
providing postal services:
1. services involving handling of postal services both before
as for dispatch;
2. address management services, transmission of registered electronic mail,
secure electronic transmission of coded documents and other
similar services are supplied, if the services are related to and performed
entirely by electronic means,
3. Services for unaddressed direct mail and other
items not covered by the second paragraph,
4. services relating to money orders and giro payments and
financial services listed in Chapter 1. 19 section 3
and relates to category 6 of annex 2 (A),
5. philatelic services, and
6. services where physical delivery or warehousing
with other non-postal services (logistics services).
section 14 Of the contest, a competition open to all
and organized by a contracting entity to acquire
a plan or design selected by a jury appointed to
winning grants.
section 15 With public network means a network which is intended to
provide services to the public within the activities
covered by the scope of the law according to Chapter 1.
4-10 sections.
section 16 with the framework agreement means an agreement between one or
several Contracting authorities and one or more providers in
order to establish the conditions for the subsequent allocation of
contracts over a given period of time.
section 17 Of the restricted procedure ' means a procedure where all
providers may request to participate and only
candidates who are invited by the contracting entity to participate
may submit a tender.
section 18 With Service concession ' means a contract of the same type as
a service contract but that means that the consideration for the
Services consists wholly or partly in the right to exploit
the service.
19 § With service contract means a contract
the provision of services pursuant to annex 2 or 3 (A-or B-
services) and which does not constitute a public works contract within the meaning of
section 3 or a supply contract under section 24.
A contract relating to the goods and including A or B
services shall be treated as a service contract if the value of
the services is greater than the value of the goods.
A contract having as its object A or B services and includes
activities falling works according to annex 1,
but that is a child of the purposes of the contract, shall
be treated as a service contract.
section 20 with the contracting entities referred to in this law partly
Contracting authorities under section 21, and those companies that
1. Contracting authorities may exercise a dominant
influence in the manner specified in the second subparagraph, or
2. carries out activities falling within the scope of the law
scope of the Regulation pursuant to Chapter 1. 4-10 sections with the aid of a
special right or the exclusive right referred to in the third subparagraph.
A dominant influence shall be presumed to exist if a
Contracting Authority, directly or indirectly, in relation
to a company holds more than half of the shares in
the company or control the majority of votes on the basis
of ownership or equivalent, or can appoint more than half the
the number of members of the company's Board of directors or equivalent
governing body.
With special or exclusive right "means a right or
exclusive right
1. pursuant to the law,
2. restrict the right to exercise the activities referred to in 1
Cape. 4-10 section to one or more companies, and
3. have a material impact on other business opportunities to engage
the same type of business.
section 21 With contracting authority referred to State and municipal
authorities.
For the purposes of this law, with the contracting authority
be equated
1. decision-making assemblies in municipalities and county councils, and
2. publicly controlled bodies referred to in section 12, and
3. the associations of an authority or authorities referred to in the first
subparagraph or assemblies under 1 or groups of
one or more bodies as referred to in 2.
section 22 With buyer profile refers to a compilation of information
available on the Internet, that contain information
If the contracting entity and its procurement.
section 23 of the procurement referred to measures taken by a
contracting entity in order to award a contract or to
conclude a framework agreement in respect of goods, services or
public works contracts.
section 24, With supply contract means a contract relating to the purchase,
lease, rental or hire-purchase of goods provided that:
the contract shall not be considered to be a works contract
under paragraph 3 or a service contract in accordance with paragraph 19.
A contract shall be treated as a supply contract even if it
includes mounting and installation works in respect of the goods;
If the value of the works is less than the value of the goods.
25 § With open procedure ' means a procedure where all
suppliers may submit a tender.
Definitions that apply only 15 Cape.
section 26 refers to a direct procurement contracts without requiring
tenders in some form. Law (2010:572).
section 27 With simplified procedure ' means a procedure where all
suppliers have the right to participate, participating providers shall
tender and the contracting authority may negotiate with one
or more bidders.
section 28 with the selection procedure means a procedure in which all
suppliers have the right to apply for tender, the
contracting entities shall invite vendors to leave
tenders, the contracting entity may negotiate with one or
Several bidders.
Chapter 3. Thresholds
Tröskelvärdenas size
section 1 of this Act shall apply to contracts whose value is calculated
amount to at least the amount (thresholds) as European
the Commission may at any time have decided or left
message, if the contract
1. the supply or service contracts, or
2. works contracts.
The Government announced in Svensk författningssamling
thresholds expressed in euro and Swedish krona.
Special provisions relating to thresholds for contests
see Chapter 13. 2 and 3 sections.
The value of the contract is calculated excluding value added tax.
Law (2010:572).
Calculation of the value of a contract
section 2 of the value of the contracts referred to in paragraph 1 shall be estimated to
the total amount payable under the contract. At
the calculation shall take into account the options and extension clauses
as if they were exercised. Moreover, the premiums and benefits
which the entity intends to pay to
candidates or tenderers must be 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 under Chapter 7. 1 §
is sent or, if such an advertisement is not required, at the
date on which the contracting entities shall invite suppliers
for competition.
Prohibition in certain cases to divide a procurement
4 section a work or a planned purchase of a particular
quantity of goods or services must not be split up with the intention of
bypass the provisions on procurement above the thresholds of
This law.
Contract covers both goods and services
5 § value of a contract having as its object both goods and services
shall include the total value of the contract. In the total
the value must also value of mounting and
installation works are included.
Procurement of lot
section 6 of a planned building construction or acquisition of
services and the acquisition of similar supplies may result
to be awarded multiple contracts at the same time in the form of separate lots,
shall the aggregate value of the lots are taken into account in the
the application of paragraph 1. Then, if the threshold is exceeded, shall
each procurement of lots to be done according to
the provisions on procurement above the thresholds laid down in this law.
The second sentence of the first paragraph do not need to apply for a
Some contracts with a value below EUR 80 000
services or goods and 1 000 000 EUR
public works contracts.
Second paragraph applies only if the total value of such
lots does not exceed 20% of the total
value of the lots as a whole.
For the award of such contracts which is exempted by
This section will be 15. applied.
Works contract
section 7 when calculating the value of a works contract
the cost of the works and the value of the goods and
services that the contracting entity provides
contractor to the work to be performed
be counted.
The value of goods and services that are not required to
the work is to be carried out shall not be included in the calculation
by 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
§ 8 the value of a contract which is intended to apply to leasing,
rental or hire-purchase of goods and which run on a fixed period of
a maximum of twelve months shall be calculated to the total cost of
the contract during the term.
For supply contracts with longer maturities, the value is calculated
the total cost including the estimated
residual value.
For supply contracts without a fixed term or the term of the
cannot be determined, the value calculated for the monthly cost
multiplied by the number 48.
Supply or service contracts which are regular or
which are to be renewed
§ 9 the value of a supply or service contracts which are regularly
or which are to be renewed within a certain period of time, shall
calculated using the
1. the actual value of the successive contracts of the
procured during the previous 12-month period, or
during the previous fiscal year, if possible adjusted with
into account the foreseeable changes in quantity or value over the
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 thresholds laid down in this law.
Some service contracts
section 10 of the value of a service contract shall be calculated with
starting point in
1. in the case of insurance services, the premium will
payable and other forms of remuneration,
2. in the case of banking and other financial services:
fees, commissions, interest and other forms of compensation, and
3. in the case of design contracts: fees
or commissions payable and other forms of
compensation.
section 11 If a service contract procured without a total price
is specified, the value of the contract to be the estimated total
the value of the services during the term of the contract, if this is
a maximum of 48 months, the monthly value multiplied by the number
48, if the duration is longer or if the contract runs for an indefinite
time.
Framework agreements
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.
Chapter 4. Procurement procedures
Open, restricted and negotiated procedures
§ 1 in procurement shall open, restricted and negotiated
procedure may be used. The award of contracts shall be preceded by the
advertising in accordance with Chapter 7. § 1 subject of
2 §.
Award of a contract without prior advertisement
section 2 contracting entities may award a contract without
previous advertising if
1. that by a procedure with prior advertising does not
submitted few requests or not given any tenders
or not provided no suitable tenders and the original
the terms of the contract are not substantially altered;
2. in the case of a contract which is intended only for
research, experiment, study or development,
and the contract is not intended to profit or to cover
research and development expenses, and provided
that it does not impair the ability of competition in a
later award which primarily has something like
purpose,
3. it is to be procured, for technical or artistic reasons
or on the basis of an exclusive right may be fulfilled by only a certain
supplier,
4. it is absolutely necessary to award the contract, but
extreme urgency caused by the circumstances that have not been able to
anticipated by the contracting entity, makes it impossible to
keep deadlines in open, restricted and negotiated
procedure with prior advertising,
5. the case of 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
the unit was forced to procure goods that would be technically
incompatible with the first, acquired or lead to
disproportionate technical difficulties relating to the operation and
maintenance,
6. the case of 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 provided that they are to be carried out by the
original supplier, and if
a) they are not without major technical or economic disadvantages
for the contracting entity can be distinguished from the original
the contract, or
(b)), although they can be separated, are absolutely necessary in order to
the initial contract to be fulfilled,
7. in the case of a new works, which is a repetition of
earlier works provided
(a)) that the new work is part of a project that has been previously
the subject of an open or restricted procedure,
(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 included in the calculation of
the value of the original project, in accordance with the provisions of
Chapter 3., and
e) that in the context of the original contract
announced that it now intended proceeding could be
be used,
8. the case of goods which are quoted and traded on a
commodity market,
9. the contract based on a framework contract procured
under this Act,
10. it is possible to procure supplies by taking advantage of
particularly advantageous opportunity available for a very short
time, when the price is well below the normal
market price, or
11. 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 the corresponding procedure.
Law (2011:1031).
Design contest
section 3 of the contracting entities may award a contract without
previous advertising in the case of a service contract
that follows a design contest organised in accordance with Chapter 13,
provided that the contract according to the rules of the competition
to be awarded to the winner or to one of the winners of the contest.
If a competition has been completed with more than a winner,
Winners shall be invited to participate in the negotiations.
Central purchasing organisations
section 4 of the contracting entities may purchase works,
goods and services through a central purchasing body.
Law (2010:572).
Chapter 5. Framework agreements
Applicable provisions
section 1 contracting entities may enter into a framework agreement with the application of
the provisions on the procurement of public works contracts, public supply contracts and
services in this law.
5 a Cape. Electronic auction
Scope
section 1 contracting entities may, if the specifications can
be established with a sufficient degree of accuracy, as a
the trailing part of a procurement procedure undertake a
electronic auction at
1. open procedure,
2. in restricted procedures,
3. the negotiated procedure with prior advertising,
4. simplified procedure, and
5. selection procedure.
Law (2010:572).
section 2 of the electronic auction shall permit 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 indicated
in the specifications, when the contract will be awarded to the
provider that has submitted the most economically advantageous
the tender. Law (2010:572).
section 3 on electronic auction will be used, the
contracting entities shall state this in the ad.
Law (2010:572).
Specifications
section 4 of the tendering specifications, among others. 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 specifications for the subject
of the contract,
3. what information will be made available to
the bidders during the electronic auction and when this
will be done,
4. relevant information on the implementation of the electronic
the auction,
5. the conditions under which the tenderers may submit tenders, 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.
Law (2010:572).
Initial evaluation of the tenders
section 5 Before a contracting entity is launching an electronic
auction, the device should make a full initial
evaluation of the tenders in accordance with the award criteria
and with the weighting fixed for them. Law (2010:572).
Invitation to submit new prices or values, etc.
section 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
used and an indication of the date on the electronic
the auction will be initiated, implemented and completed.
Law (2010:572).
section 7 of the award of contracts on the basis of the economic
advantageous tender, the invitation shall be accompanied by the result
of a full evaluation of the relevant tenderer's
tender carried out in accordance with the weighting of
the award criteria. Law (2010:572).
section 8 of the invitation shall specify the mathematical formula used
to in the electronic auction to determine automatic
the ranking in the light of the new prices or new values which
left in the auction.
The mathematical formula should include it in your ad or in the
the specifications, the weighting of all the criteria specified
established to determine which tender is the
the most economically advantageous. If those weightings specified
that range should these be fixed in advance for a certain
value.
Where variants are allowed to separate formulas are given for
each tender. Law (2010:572).
§ 9 the electronic auction may not start sooner than
two working days after the day on which the invitation was sent out.
Law (2010:572).
section 10 of the electronic auction may take place in several of the
successive stages. Law (2010:572).
Information for bidders
11 § throughout each phase of an electronic auction shall
contracting entities shall immediately inform each tenderer
sufficient information to enable them to ascertain their
place in the ranking.
The contracting entity may also provide other information about
prices or values, provided this is specified
in the specifications.
The contracting entity shall provide information on the number of
participants in the electronic auction. Law (2010:572).
The termination of an electronic auction
section 12 of The electronic auction shall be terminated by the Contracting
device
1. at the time of the auction according to the invitation to participate in the
the auction will be terminated,
2. when it no longer provided some new prices or new
values equal 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
the device in the invitation to take part in the auction, enter how long after
It has received the last bid that it will
the end of 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. Law (2010:572).
13 § When the electronic auction has been completed, the
contracting entity to award the contract on the basis of
the results of the electronic auction. Law (2010:572).
Chapter 6. Technical specifications and special conditions of contract
in the tender documents, etc.
Technical specifications
section 1 technical specifications should be included in the advertisement if
notice, the specifications or the supporting
the documents. The specifications shall be designed in any
of the ways specified in §§ 2 and 3.
When possible, the specifications must be
for criteria relating to accessibility for people with
disabilities or design considering all
user's needs.
Technical specifications that refer to a standard
section 2 of the technical specifications, paragraph 3 shall apply,
be designed with reference to technical specifications
as defined in annex 4, and in turn refer to
1. Swedish standards that comply with European standards,
2. European technical approval;
3. ' common technical specification ',
4. international standard,
5. other technical reference system developed by the European
standards bodies, or
6. other Swedish standards, Swedish technical approval or
Swedish technical specifications relating to the design, calculation and
execution of the works and use of materials.
Each referral referred to in the first subparagraph shall be accompanied by
the words "or equivalent".
The first subparagraph shall not apply, if it is in any other statutes
There are different rules.
Technical specifications in terms of performance or
functional requirements
paragraph 3 a contracting entity may state the technical
specifications of 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 entity may refer to the technical
specifications according to section 2 as a way for the supplier to
show that the set of performance or functional requirements as referred to in
the first subparagraph are fulfilled.
Contracting entities may enter technical specifications
with reference to the specifications under section 2 of the terms of
Some properties and to the performance or functional requirements
referred to in the first subparagraph for other characteristics.
Information concerning the origin, manufacture, etc.
4 § the technical specifications must not contain data
on the origin, manufacture or production methods
or references to the trademark, patent, type, origin or
manufacture, if this leads to some companies
or disadvantaged.
Such information and references, however, may occur in
the specifications, if it is not possible to describe
the object of the contract sufficiently precise and
understandable. Such a task or reference shall be followed by the
the words "or equivalent".
Equivalent solutions
5 § where contracting entities choose to refer to technical
specifications referred to in paragraph 2, it may not reject a tender
solely on the grounds that the goods or services not
comply with the specifications to which it refers,
If the tenderer to indicate in his tender the proposed
the solutions equally satisfies the requirements of the
technical specifications.
6 § where contracting entities choose to set up in accordance with paragraph 3 of
performance or functional requirements, it may not because of these
reject a tender requirements, where they can show that the tender
in conformity with the
1. a national standard that is consistent with a European
standard,
2. a European technical approval,
3. a common technical specification,
4. an international standard, or
5. a technical reference system, developed by a
European standardisation body.
The first subparagraph is subject to standard
works, supplies or services meet the performance
or functional requirements of the contracting entity has set
up.
Eco-labels
section 7 If a contracting entity specifies environmental characteristics in terms of
performance or functional requirements as referred to in paragraph 3, the use
the detailed specifications, or, if necessary, parts thereof,
established for eco-labels, if
1. the specifications are appropriate to define the characteristics
of the goods or services to be procured,
2. the requirements for the label are drawn up on the basis of
scientific knowledge, and
3. labels are accessible to all interested parties.
The contracting entities may indicate that the goods or services for which the
are fitted with such an eco-label are presumed to comply with the
technical specifications as defined in the specifications
but shall accept also other suitable evidence that that is the case.
Recognised bodies
section 8, contracting entities shall accept certificates from bodies
recognized in an EEA country.
The provision of technical specifications
§ 9 a contracting entity shall, on request, provide a
Vendor technical specifications regularly specified in
the unit's contracts. The same applies for the
specifications the Unit intends to apply for the award of
contract förhandsannonseras under Chapter 7. section 3.
If the specifications are specified in documents
available to the supplier, it is enough to drive
refer to the file.
Tenders with alternative designs
section 10, contracting entities shall adopt the economically most
advantageous tender, it may authorise tenderers to submit
tenders with alternative designs.
Contracting entities shall indicate in the specifications whether
It accepts tenders with alternative designs. If this does not
stated, tender with alternative designs are not allowed.
Contracting entities which allows tenders with alternative
designs, in the contract documents the minimum requirements
applicable to such offers and the specific terms that apply
for how they should be presented.
Only those tenders which meet the minimum requirements may be taken into account for
procurement.
section 11 when awarding supply or service contracts, a
contracting entities which have authorised tender with alternative
designs according to section 10 of not rejecting such an offer only on
because of that, if adopted, would become a service contract
rather than a supply contract or a supply contract rather than
for a service contract.
During construction
section 12 of the specifications, a contracting entity may request
the tenderer to indicate in its share of the contract
who may intend to subcontract to third parties and the
proposed subcontractors.
Information about taxation, environmental protection, occupational safety and
working conditions
section 13, a contracting entity may disclose in the tender dossier
of the bodies that can provide a candidate or
bidders for information about the rules on taxation,
environmental protection, labour protection and working conditions that will apply to
at the services or works shall be subject to the
the contract.
If the Contracting unit provides information regarding
labour protection and working conditions, it shall request that the
candidates or tenderers confirm that account has
taken of the provisions of these terms and conditions when designing
of the tender.
The first and second subparagraphs shall not affect the application of
the provisions of Chapter 12. section 3 concerning the examination of abnormally low
tender.
Special conditions for performance of contracts
section 14 of the contracting entities may lay down special social,
environmental and other conditions for how a contract shall
be fulfilled. These terms and conditions shall be stated in the advertisement of procurement
or in the specifications.
Chapter 7. Advertising procurement
Mandatory and non-mandatory advertisement of procurement
section 1 contracting entities which intend to award a contract
or a framework agreement shall advertise tender if not
subject of Chapter 4. 2 §.
Various kinds of advertising
section 2 of the Advertising contract notice may be effected by
1. the ex ante advertising under paragraph 3,
2. ex ante advertising under paragraph 4,
3. advertising on the existence of a qualification system as referred to in
section 5, or
4. advertising of contracts shall be open,
restricted or negotiated procedure.
The award of contracts shall be announced in accordance with section 6 of the
(efterannonsering).
Information about planned procurements (advertising)
section 3 of the contracting entities which wish to apply the provisions of
shortening of the time limits in Chapter 8. § 5 shall in an ad submit
information about the contracts or the framework agreements which the entity intends to
assign each part over the next twelve
months (pre-release advertising).
Invitation by pre-release advertising interest
section 4 of the Advertising contract notice referred to in paragraph 1 may be made by
pre-release advertising. In the ad must be mentioned
1. what goods, works or services contract
will include, and
2. the contract will be awarded by restricted
procedure or negotiated procedure without any further
advertising and to interested suppliers in writing shall
register their interest.
The advertisement shall be published no earlier than 12 months before
the day when the device sends out an invitation in accordance with Chapter 8. section 14 of the
participate in the procurement.
The contracting entity shall meet the time-limits set out in
Chapter 8. 1-9 sections.
Advertising on qualification system
paragraph 5 of the contracting entities which establish a
qualification system under Chapter 11. section 2, in an ad
inform about this. The advertisement shall state the purpose
with the system and how to take advantage of the rules referred to in 11
Cape. section 3.
If the system shall apply for a period longer than three years,
your ad will be published annually. If it shall be valid for less than
three years, it is enough with an ad at the beginning of the period.
An announcement on the outcome of a procurement (efterannonsering)
section 6 of the contracting entities which have awarded a contract or
concluded a framework agreement shall send to the European Commission a
Ad about the results of the award procedure no later than two months after
Award of the contract or framework agreement
(efterannonsering).
The provisions of the first subparagraph shall not apply to the award of
contracts are made on the basis of a framework contract concluded in
accordance with this law. Law (2010:572).
Advertising on ex ante transparency notice
Article 7 A contracting entity which intends to award a contract
by negotiated procedure without prior advertisement according to
Chapter 4. section 2 or 3 must send an ad about its intention to
The European Commission (ex ante transparency). Law (2010:572).
Chapter 8. Deadlines to submit requests and
tenders, etc.
Conditions to be taken into account when the duration of time limits are determined
§ 1 When deadlines to submit requests and
tenders will be determined by the contracting entity, particular account shall
be taken of the complexity of the contract and the time
vendors are likely to need in order to prepare the tenders. However,
the time limits laid down in this chapter shall be complied with.
Deadline for the open procedure
2 § in open procedures the time limit for entering with
tenders shall be 52 days from the date of your ad if
contract notice was sent for publication, unless otherwise
to the provisions of §§ 5-8.
Deadlines for restricted procedures and negotiated procedures
with previous advertising
section 3 in restricted procedures and negotiated procedures with
previous advertising, deadline to come up with
requests for advertising under Chapter 7. paragraph 2 of the first
paragraph 4 or in response to an invitation to confirm the interest in
competition following an invitation under paragraph 14 be at least 37 days
and may in no case be less than 22 days from the date
When the advertisement or invitation was sent to the selected
candidates.
It referred to in the first subparagraph shall apply unless otherwise
follow by 4, 6 or 9.
Deadline to submit bids by appointment
section 4 of the deadline to submit tenders may be specified to the
time has been agreed between the contracting entity and
the candidates chosen by the device, provided
that all candidates have the same time to submit bids.
If such an agreement has not been achieved, should
the time limit shall be at least 24 days and shall in no case shorter
than 10 days from the date on which the invitation to tender was sent
to all candidates.
Deadline for advance advertising
§ 5 If the contracting entity has förhandsannonserat under 7
Cape. section 3, the deadline to submit tenders in open
procedure to be at least 36 days and shall in no case be
less than 22 days from the date on which the advertisement was sent for
publishing.
The time limits referred to in the first subparagraph may only be used
If
1. advance the advertisement contained the information specified in annex XV
(A) part I and II to the directive of the European Parliament and
2004/17/EC of 31 March 2004 on the coordination of procedures
for procurement in the water, energy, transport and
postal services, as last amended by Commission Regulation (EC)
No 2083/2005, in so far as information was available at the
the time for advertisement, and
2. at least 52 days, but not more than 12 months, from the date of
Preview your ad sent for publication.
Shortened deadline when using electronic means
section 6, if an ad is drawn up and transmitted by electronic means,
gets the time limits referred to in paragraphs 2 and 5 to submit tenders
in open procedures, and the time limit under paragraph 3 to get
in with requests to participate in restricted and negotiated
procedure with prior advertising may be shortened by seven days.
In restricted and negotiated procedures, the time limit
referred to in the first subparagraph shall never be less than 15 days from the
date on which the advertisement was sent for publication or invitation under
section 14 was sent to all candidates.
section 7 of the deadlines for the entering of tenders in open
proceedings referred to in paragraphs 2 and 5 shall, in addition to what follows from
section 6, be shortened by five days, if the procuring entity with
electronic means offer unrestricted and full direct access
to the specifications from the date of your ad if
the contract was sent to the European Commission for
publishing.
The deadline to submit tenders in restricted
procedure or the negotiated procedure under other
subparagraph may be reduced by five days where the Contracting
the device provides unrestricted and full direct access by
electronic means to the contract documents from the date of
the ad if the contract was sent to the European
Commission for publication. The deadline, however, must never be
shorter than the minimum period set out in paragraph 4 of the second paragraph.
The Internet address where the specifications are
available will be listed in the ad. Law (2010:572).
Minimum time limit
section 8 A shortening of the deadline to submit tenders
by open procedure pursuant to section 6 of the first subparagraph, and paragraph 7 of may,
as from the date on which the advertisement of procurement was sent for
publication, in no case result in a time limit that is
1. less than 15 days, if the advertisement is sent by electronic
medium, or
2.22 days in other cases.
Extension of time limits
section 9 are not provided full specifications and
additional information, although requested in good time, this
within the time limits provided for in paragraphs 10 and 13, the time-limits
in order to submit tenders shall be extended so that all providers
to have knowledge of all the information necessary for
drawing up tenders.
The provisions of the first subparagraph also applies where tenders can
is left other than after a visit to the site.
The first and second subparagraphs shall not apply if the period is not specified
After an agreement under paragraph 4, first subparagraph.
Provision of tender documents in open procedure
section 10 where a contracting entity for the open procedure is not according to the
section 7 offers unrestricted and full direct access by electronic
medium to full specifications, shall
the tender dossier is sent to the provider within six
days after the request to get documents have been
received. However, this applies only if the supplier's request has
made in good time before the expiry of the deadline for submitting
tender.
The contracting entity shall, on request of a supplier
disclose additional information on the specifications
not later than six days before the last day to get in with
tender, provided that such a request has been made in
good time.
Invitation to submit a tender or to negotiate
Written invitation to submit a tender or to negotiate
in restricted and negotiated procedures
section 11 in restricted procedures and negotiated procedures with
previous advertising, contracting entities shall at the
the same occasion send a written invitation to all
the selected candidates to submit their tenders or to
negotiate.
The invitation must contain the specifications. If
tender documents are directly accessible by electronic
means, it is sufficient if the invitation contains a
indication of where the substrate is available.
An invitation shall include at least an indication of
1. the time limit for requesting additional documents, if
at issue, as well as the amount and terms of payment, if it is to
be paid a fee for such documents;
2. final date for receiving tenders and the address to which
Tenders must be sent and the language or languages in which it must
be written,
3. a reference to the advertisement of procurement,
4. the documents to be attached;
5. award criteria, if it is not an ad, it can be shown that
the existence of a qualification system used for procurement,
6. 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, ad
on the existence of a qualification system or by
the specifications, and
7. other information relevant to the procurement.
If someone other than the contracting entity shall disclose
specifications
section 12 If someone other than the contracting entity upon request
shall disclose all or part of the specifications,
to the address specified in the invitation. If a time limit for a
such a request, and if a fee is payable for the requested
documents, information on the period and fee and
terms of payment are specified in the invitation.
The requested documents must be sent to the vendors so
soon as possible after the request has been received.
Provision of additional documents and information
in restricted and negotiated procedures
paragraph 13 of the contracting entity shall, at the specific and
negotiated procedure to disclose additional information about
specifications or complementary documents by
six days before the last day to submit tenders;
provided that such information has been requested in good time.
Invitation upon prior advertisement
section 14 If the contract has prior been announced, all
candidates invited to get more detailed information
If the contract and be given the opportunity to confirm their interest
of the contract. Only when the entity has a
know which candidates are still interested,
indicate which vendors must enter bids
or participate in negotiations.
The invitation shall include at least an indication of
1. the type and amount of it to be procured, option on
additional contracts and, if possible, the estimated time period for
option and, in the case of renewable contracts, the nature and
the quantity and, if possible, the estimated time for the upcoming ads
on the procurement of works, goods or services,
2. whether restricted or negotiated procedure shall
be used,
3. date of delivery of the goods or for starting or
the closure of the works or services,
4. the address and closing date for the submission of the request to get the
support of the application and the language or
languages should be written,
5. the address of the procedure and the required
information about the specifications and other
documents can be obtained,
6. Economic and technical requirements, financial guarantees and
information required from suppliers;
7. the amount and terms of payment, if a fee payable for the
documents relating to the contract award procedure;
8. whether the contract object the purchase, lease, rental or hire-purchase
or a combination of these,
9. criteria for the award of contracts and the
mutual weight or priority order of criteria, if this
not recognized in prior advertisements or in
the specifications, and
10. other information relevant for the contract.
Chapter 9. Communication, information and documentation
Rules of communication
1 § requests to participate and tenders must be submitted in writing if not
subject of the third paragraph.
Contracting entities may decide that the requests and
tenders shall be submitted in an electronic medium, or in any
otherwise.
The device may allow the requests to participate are made by telephone.
The device will be in an ad, specify how requests may be submitted
and in an ad or a tender documents specify how tenders
may be submitted. Law (2010:572).
section 2 of the communication by electronic means, they shall be
non-discriminatory, generally available and possible to
use in conjunction with such hardware and software in the
generally used.
section 3 Information about the specifications that are necessary for
electronic submission of requests to participate and tenders,
including encryption, shall be available for all
interested parties.
Contracting entities may require that electronic tenders shall
be equipped with an advanced electronic signature pursuant to
Act (2000:832) of qualified electronic signatures.
Contracting entities shall have such equipment to the
electronically may receive requests, offers, drawings
and plans in a secure manner. The equipment shall be provided
with such safety devices to some tasks are available
that only authorized persons should have access to
the data and to be able to track if any unauthorized
takes note of the information.
The Government announces the details of
the safety devices.
Obligation to submit certificate etc.
4 § when using electronic means under section shall
candidates and tenderers before the expiry of the deadline for
to submit requests to participate or tenders in other form submit
the documents referred to in Chapter 10. section 4 and Chapter 11. 11 and
12 section if they are not available in electronic form.
Confirmation of application for tender
paragraph 5 of the contracting entities may require that requests for participation
made by fax must be confirmed by another electronic
funds under the second subparagraph of paragraph 3, or by a duly
signed document is the unit before the end of
the time limit unit specifies.
Have a request made by telephone, a confirmation
sent before the expiry of the application period.
The contracting authority shall specify, in the contract notice or advertisement
in the invitation, in accordance with Chapter 8. 14 § specify such conditions as referred to in
the first and second subparagraphs.
Information from suppliers must be kept safe
section 6 of the Communication, information exchange, and stored data
concerns a relation must be kept secure.
Opening of tenders
Article 7 the contracting entity may take no part of the contents of
requests to participate and tenders after the deadline for
come in with requests for participation and tenders have gone out.
Shipments with the tender must, at the same time, and as soon as
possible after bid closing, opened at an Ordinance
where at least two people designated by the contracting authority
shall take part. Tenders must be placed in a list, as
shall be authenticated by those participating in the ceremony. On request
the Tenderer shall, in addition, one of a Chamber of Commerce
designated person to attend. The costs shall be borne by the
the person making the request.
Correction of errors, clarification and supplementation
section 8, a contracting entity may allow a candidate
or tenderer to correct an apparent clerical error, or
wrong account or any of the other obvious errors in the request
or tender.
The device may require that requests for participation or a tender
clarified or complemented if it can be done without risk of
discrimination or restriction of competition. This device may also be
request a vendor clarify or complement
documents submitted and referred to in Chapter 10 and 11.
Information for suppliers
Notification of decisions
section 9 of the contracting entities shall as soon as possible in writing
inform candidates and tenderers of the decisions
have been taken to conclude a framework agreement or to award a
contracts and of the reasons for the decisions. In the notification shall
specify the period during which the contract under Chapter 16 of the. 1 §
not be concluded (Contracting locking).
A written notice shall be given as soon as possible to
candidates and tenderers even where a Contracting
Unit decides to cancel a contract for which there has
expired, the invitation to tender and in decision making about
procurement. In the notification, the reasons for the refusal.
Law (2011:1031).
Information on request of a supplier
section 10 of the contracting entities shall notify to the candidates or
tenderer who requests it to provide information on the reasons for
the vendor's application has been rejected or tender has been rejected.
Contracting entities shall, at the request of the tenderer
has made an admissible tender disclose
the characteristics and relative advantages of the selected
the tender and the name of the successful tenderer
the contract or the parties to the framework agreement.
Information under the first and second subparagraphs shall be submitted
as soon as possible and at the latest within 15 days of an
written request came in.
Bidders are bound by their tenders
section 11 of the contracting entities shall indicate in the contract documents
the amount of time that a tenderer shall be bound by his offer.
By open procedure shall be indicated in the advertisement.
A bidder is bound by his offer even if the tenderer
has a notification under section 9, first subparagraph, or
information pursuant to section 10.
Decision on the qualification of a supplier
section 12 contracting entities which have a system of qualification
According to Chapter 11. section 2 shall, within a reasonable time examine an application from
a supplier to participate in the system, and inform the
the applicant of the decision. If the decision is not going to be taken within
four months from the time the application was made, the
contracting entities shall, within two months, inform the applicant of
the reasons for this will take longer and
specify when the decision will be taken.
Requests to participate in the qualification system may be refused
only by applying such criteria as provided for in Chapter 11.
3 and 4 sections.
An applicant whose application is refused shall be informed of the decision
and of the reasons for this as soon as possible and at the latest within 15
days after the decision has been taken.
Notification of expulsion is being considered
section 13, if a supplier has qualified, may a Contracting
device that has a qualification system exclude vendor
only by applying such criteria as provided for in Chapter 11.
3 and 4 sections.
Contracting entities may not exclude a provider unless
the supplier previously informed that there is a risk
for exclusion, and of the reasons for it. The notification shall be
submitted at least 15 days before the date on which the decision shall be taken.
Preservation of information
section 14 of the contracting entities shall maintain such information about
each contract that needed to at a later time
be able to justify decisions
1. the qualification and selection of suppliers and award of
contracts,
2. application of the procedures without prior advertisement concerning
procurement pursuant to Chapter 4. section 2, and
3. application of the provisions relating to specific procurement shall
excluded from the scope of the Act.
When a procurement has been completed, contracting entities shall
not subject to the Archives Act (1990:782) on safety
keep requests to participate and tenders with associated
descriptions, models and drawings and inventories;
compilations and the like.
Information and documents shall be kept for at least four years from the
the date of award of the contract.
10 Cape. The exclusion of suppliers
Circumstances shall entail the exclusion of suppliers
section 1 contracting entities that are contracting authorities shall
exclude a contractor from participating in a
the qualification system or a contract, if the authority may
knowledge of the supplier pursuant to a final judgment is
convicted of crimes involving
1. the 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 involving officials of the European communities or
Member States of the European Union, and
Article 3(1) of Council Joint Action 98/742/JHA of 22
December 1998 adopted by the Council on the basis of article k.3 of the
the Treaty on European Union, on 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, or
4. money laundering as defined in article 1 of Council
Directive 91/308/EEC of 10 June 1991 on prevention of the use of
the use of the financial system for the purpose
of the money, as amended by European Parliament and Council directive
2001/97/EC.
The supplier is a legal person, the supplier shall be excluded
If a representative of the legal person has been convicted of
the crime.
If there is reasonable cause to believe that a service provider should
be excluded by virtue of the first subparagraph, the Agency may request
the provider indicates that there is no basis for
exclusion.
If there are special reasons, must a contracting authority
refrain from excluding a supplier convicted of
crime referred to in the first subparagraph. Law (2011:1031).
Circumstances that may result in the exclusion of suppliers
section 2 contracting entities which are not contracting authorities
get on the grounds specified in paragraph 1 of the exclusion of a supplier from
to take part in a qualification system or a procurement.
section 3 of the contracting entities may, in addition to what follows from 1 and
2 sections, exclude a supplier from participating in a
the qualification system or in a procurement, the supplier
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,
receivership, chords or other similar proceedings,
3. by a final judgment is convicted of crime against
professional practice,
4. has been guilty of grave professional misconduct proven by
and the contracting entity can show this,
5. have not fulfilled their obligations relating to the
social security contributions or the payment of taxes in their own country or
in the country where the contract is made, or
6. in any material respect, has failed to provide
information requested or provided incorrect information
requested pursuant to the provisions of Chapter 10 or 11.
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.
The unit must, except in the cases referred to in § 5, request that a
vendor indicates that there is no basis for
exclude the supplier pursuant to the first subparagraph 1, 2, 3 or
5. team (2010:572).
Certificates and evidence regarding supplier
section 4 of the contracting entity shall, as proof that it is not
There is a basis to exclude a supplier accept excerpts of
official register or other equivalent document when it
apply a ratio referred to in section 1 or section 3(1)
1, 2 or 3 and a certificate from the competent authority as regards the
a relationship referred to in section 3(1) 5.
If the 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 paragraph 1 or paragraph 3 of the first
paragraph 1-3, they can be replaced by an affidavit submitted on
honour or of an equivalent measure.
If a vendor is registered in an official list of
approved suppliers in a country in the EEA, it is assumed that
the provider meets the conditions set out in paragraph 1 or
the first subparagraph of paragraph 3 of 1-5.
§ 5 when checking if a vendor has fulfilled its
obligations in respect of social security contributions or the payment of taxes in
Sweden under section 3(1) 5, Contracting
the device to obtain information from the competent authority.
Law (2010:572).
11 kap. Qualification and qualitative selection
Introductory provision
1 § Before contracts are awarded according to Chapter 12. shall the
contracting entities shall verify the suitability of the
providers not excluded under 10 Cape. 1, 2 or
section 3.
Qualification system
Establishment of a system of qualification
section 2 contracting entities may have a special
qualification system for the selection of suppliers
may participate in restricted procedures and negotiated procedures.
A qualification may be limited to participation in procurement
of one or more categories of public works contracts, public supply contracts and
services.
A qualification system may involve different qualification stages.
When a qualification system shall be established and shall be 7
Cape. section 5, Chapter 9. 12 and 13, §§ 3, 4, 6 and 11-12 section of this
chapters and Chapter 12. applied.
The definition of the criteria and rules for qualification system
section 3 of the contracting entity shall specify the criteria and rules for
selection of a system of qualification, and to the extent
as shown in Chapter 10, the grounds for exclusion from a
such a system. This can be done by reference to other
company qualification system.
The criteria and rules shall be provided to the supplier
who request it.
A provider may at any time apply to become
qualified.
The criteria and conditions for selection, if necessary, updated.
Interested suppliers should be informed of the changes
been made. Law (2010:572).
Technical specifications
section 4 Of the criteria and rules referred to in paragraph 3 covers
technical specifications, the provisions of Chapter 6. 1-8 sections
apply to such specifications.
Access to other companies ' capacity
§ 5 When the criteria and rules for qualification referred to in
section 3 includes requirements concerning suppliers ' economic,
technical or professional capacity, the provider at the
need to rely on other companies ' capacity, ability or
know-how. The supplier shall, by providing a
commitment from the companies in question or otherwise demonstrate that
the supplier will have at its disposal the necessary resources in
throughout the period during which the qualification system is
valid.
List of suppliers
section 6 of the suppliers by the contracting entity is considered
eligible to participate in the qualification system shall be
up on a list, which, in Chapter 9. section 14 shall be preserved. By
the list shall indicate if a vendor qualification
is limited to contracts of one or more
categories of works, goods, and services.
Qualified supplier shall be selected
section 7 if the procurement is made by means of a system of qualification,
should the tenderers in a restricted procedure or participants
in a negotiated procedure shall be selected from among the candidates
qualified under this scheme.
Qualitative selection criteria
The determination of selection criteria
§ 8 in the open procedure, contracting entities shall ensure
that selection criteria are available for the prospective
suppliers.
If the selection criteria includes requirements concerning suppliers '
economic, technical and professional capacity, other
business capacity is claimed pursuant to section 5.
The criteria and rules referred to shall, to the extent
shown in Chapter 10. include the grounds for exclusion from that
participate in a tender.
Choice of candidates in the restricted and negotiated procedures
section 9 By restricted or negotiated procedure, a
contracting entities choose out or exclude the suppliers according to the
the criteria and grounds as the drive specified and made
available to interested suppliers.
Limitation of the number of candidates in restricted and
negotiated procedure
section 10 In restricted and negotiated procedures, the
contracting entity using criteria based on a
objectively the need to reduce the number of candidates to a
level that can be considered reasonable with respect to specific
circumstances associated with the contract and on the resources
needed for its implementation. The selected candidates shall
However, many that effective competition can be achieved.
Quality assurance standards
section 11 where contracting entities requires the supplier shows up
a certificate issued by an independent body on to the supplier
comply with certain quality assurance standards, the device
refer to quality assurance systems based on the relevant
European standards in the field and which
quality assurance system is certified by bodies conforming to the
European standards for certification.
The device shall accept attestations of equivalence from other bodies
established in the EEA. They shall also accept other evidence of
equivalent quality assurance measures from
suppliers.
Standards for environmental management
12 § in the case of works or service contracts, the
contracting entities, when needed, to require the
suppliers enter the environmental management measures that the
will apply if the contract, thereby
check their technical ability.
If the contracting entity in such a case requires to get
access to a certificate drawn up by an independent body
certifying that the supplier meets certain
environmental management standards, the device should refer to
European Parliament and Council Regulation (EC) No 1221/2009 of the
25 november 2009 on the voluntary participation by
organisations in a Community eco-management and
audit scheme (Emas) and repealing Regulation
(EC) no 761/2001 and Commission decision 2001/681/EC and
2006/193/EC or to environmental management standards based on the
the relevant European or international standards.
Environmental management standards should be certified by bodies
comply with Union law or the relevant European
or international standards concerning certification.
The device shall accept attestations of equivalence from other bodies
established in the EEA. It shall also accept other evidence of
equivalent environmental management measures from the suppliers.
Law (2011:697).
Limited control
section 13, a contracting authority may limit the control of such
documents relating to the supplier's suitability to the
candidates and tenderers set out in the second and third
paragraphs. The supplier shall be given a reasonable time to submit the
requested documents.
In an open procedure, the data referred to in the first subparagraph
be requested and checked with regard to the
bidders that the Unit intends to award the contract or
the framework agreement. Control should be done before the bidders
be notified of the award decision under Chapter 9. section 9 first
paragraph.
In a restricted or negotiated procedure, the data shall
referred to in the first subparagraph shall be requested and checked in
for the candidates as the Unit intends to invite to
tender or to negotiate. Law (2010:572).
12 Cape. Award of contracts
Alternative grounds for the award of contracts
section 1 contracting entities shall adopt either
1. the most economically advantageous tender for the
contracting entities, or
2. the tender contains the lowest price.
In determining which tender is the economically most
advantageous, shall take into account the different criteria
linked to the subject-matter of the contract, such as price,
the delivery or execution time, environmental characteristics,
operating costs, kostnadseffektivtet, quality, aesthetic,
functional and technical specifications, service and technical
aid.
Contracting entities shall include in the ad if the contract or in
the tender documents specify the basis for the award of
the contract will apply.
The weighting of criteria
section 2 of the contracting entity shall specify the criteria such
referred to in paragraph 1 will be weighted each other when
the assessment of which tender is the economically most
advantageous. That weighting can be expressed by providing for a range with an
appropriate maximum spread.
If the contracting entity does not allow to specify
the weighting of the various criteria, those specified in the
descending order of importance.
The weighting of the criteria or criteria in order of priority
shall be indicated in the
1. the advertisement of procurement,
2. the specifications,
3. an invitation to confirm the interest referred to in Chapter 8. 14
§ or
4. an invitation to tender or to participate in the negotiations.
Abnormally low tenders
paragraph 3 a contracting entity may reject a tender if it finds
the price is abnormally low. The tender may be rejected at first
Since the unit in writing requested an explanation for the low
the tender and did not receive a satisfactory reply.
A request for explanation may apply
1. If the tenderer can take advantage of a particularly cost-effective
methods to perform the contract,
2. If the tenderer can apply technical solutions or
exceptionally favourable conditions for performance of the contract,
3. the individuality of the supplies, services or works
proposed by the tenderer;
4. If the tenderer comply with the provisions relating to employment protection and
working conditions applicable in the place where the contract is
fulfilled, and
5. If the tenderer had the opportunity to receive State aid.
The adjudicating entity shall give tenderers the opportunity to
comment on the device's reasons for rejecting the offer with
taking into account the explanations provided.
paragraph 4 where a contracting entity establishes that a tender is abnormally
low because the Tenderer has obtained State aid, the
device request a declaration by the tenderer. Can
the tenderer not after such a request and within a reasonable
time limit indicated by the contracting authority to show that it
is with the Treaty on the functioning of the consistent support, the tender may
be rejected.
Contracting entities which reject a tender pursuant to the first
subparagraph shall inform the European Commission about it.
Law (2010:572).
Chapter 13. Service design contests
Scope
section 1 of this chapter shall apply to design contests
1. are part of a procedure for the award of a
service contract, or
2. include rates or payments to participants.
The first paragraph applies only if the threshold value is at least
the amount shown in section 2.
Thresholds for contests
section 2 of the threshold at the contests are the values
The European Commission may at any time have decided or
left message on.
The Government announced in Svensk författningssamling
thresholds expressed in euro and Swedish krona. Law (2010:572).
section 3 of the threshold at the contests that are part of a
service contracts shall be calculated to the value of
the service contract with, where appropriate, add for the value
of the service contract that can later be awarded to the winner or
one of the winners of the competition. In value, the rates and
remuneration to be paid to the participants be included.
The selection of participants
4 section a design contest may be limited to a certain number of
the contest participants. The contracting entity shall specify the
criteria for the selection of participants.
The number of participants who are invited shall be sufficient to
effective competition is achieved.
Advertising
§ 5, a contracting authority which intends to organise a
Design Contest shall advertise the contest and the results of
This (efterannonsering).
Communication and information
6 § with regard to communications and information, shall
the provisions of Chapter 9. 1-6 sections and section 7 of the first paragraph apply
Similarly on the contests.
section 7 of the results of a design contest shall be forwarded to the European
the Commission, within two months after the contest
has been completed. Law (2010:572).
The jury and its composition
section 8, A panel shall appoint winning contributions in a design contest.
The members of the jury shall be natural persons who are
independent of participants in the contest. If
special professional qualifications required to get
participate in a contest, at least a third of the
the members of the jury have equivalent qualifications.
The jury's decision
§ 9 the jury shall be autonomous in its opinions and decisions.
The entries may be presented to the jury only at a
such a way that it is not clear who has provided a single
contribution. Anonymity shall remain in force until the jury has
given his opinion or announced its decision.
In the examination, only the criteria that is specified in the advertisement
If the contest is taken into account.
section 10 of the members of the jury shall submit a signed
Protocol in which the entries are ranked. Protocol
shall include a justification for the ranking and the
comments and clarifications that there may be a need to
make.
Candidates may be invited, if need be by the jury to answer
questions which the jury has recorded in the minutes to clarify
all aspects of the project.
Complete minutes shall be drawn up of the dialogue between
the members of the jury and candidates.
Chapter 14. Tenders comprising products originating in third countries
Scope
1 § For tenders comprising products originating in third countries,
with which the European Union has not concluded agreements
ensures business from Union comparable and actually
access to the market of that third country, apply 2 and
3 §§.
The provisions of paragraphs 1 to 3 shall not apply if the subject
of the commitments which the Union or Sweden has with third countries.
Law (2010:572).
Tenders comprising products originating in third countries may
rejected
2 §/expires U: 2016-05-01/
Contracting entities may, in the award of public supply contracts
reject a tenders comprising products originating in third
country, where the percentage of such goods, as determined by Council regulation
Regulation (EEC) No 2913/92 of 12 October 1992 establishing the
the community amounts to more than half of the
total value of the goods for which the offer covers.
To be covered also software for use in a
telecommunications network.
2 section/entry into force: 2016-05-01/
A contracting entity may reject the award of a supply contract tenders comprising products originating in third countries, where the percentage of such goods, as determined by the European Parliament and Council Regulation (EC) no 952/2013 of 9 October 2013, laying down the Community Customs Union amounts to more than half of the total value of the goods in respect of which the tender covers.
To be covered also software for use in a telecommunications network. Law (2016:283).
Preference for several equivalent tenders
§ 3 If the price differential between two or more bids are not
greater than 3% and the tenders are equivalent at a
assessment under Chapter 12. section 1, preference shall be given to the tenders
may not be rejected pursuant to paragraph 2.
15. 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 second paragraph.
Applicable provisions
procurement section 2 of this chapter also apply
– Chapter 1 (badge of content and scope and the General
provisions),
– Chapter 2. (definitions),
— Chapter 4. 4 § (purchasing),
– Chapter 5. (framework agreements),
– Chapter 6. section 4 (information concerning the origin, manufacture, etc.),
– Chapter 6. section 7 (eco-labels),
– Chapter 6. section 14 (special conditions for performance of contracts),
– Chapter 8. section 12 (if someone other than the contracting entity
supply tender dossier),
-16 Cape. (Contracting locking, justice and reparation),
— Chapter 17. (procurement injury fee), and
— Chapter 18. (supervision).
For public service contracts which have as their object services listed in annex 3 (B-
services) are also applied to Chapter 6. 1 – 3, 5, 6, and 8 sections, when the value
of the contract is equal to or exceeds applicable threshold of 3
Cape.
A particular qualification system under Chapter 11. section 2,
apply to the use of the selection procedure for the allocation
of the contracts or the framework agreements in accordance with this chapter.
Contracting entities may publish adverts on procurements
as applies to procurements under Chapter 7.
Law (2011:1031).
Procurement procedures
section 3 of the contract under this chapter shall be made by
simplified procedure or selection procedure.
Direct agreement contract may be used if the value of the contract
amounts to not more than 26% of the threshold referred to in
Chapter 3. Article 1, first subparagraph 1. In addition, direct procurement
be used as appropriate in those cases where
the conditions for the award of the contract without prior
the advertisement referred to in Chapter 4. paragraphs 2 and 3 are fulfilled or
If there are serious reasons. The adjudicating entity shall
adopt guidelines for use of direct procurement.
Law (2014:475).
Calculation of the value of a contract
3 a of the value of a contract shall be estimated as the total
amount to be paid under the contract. A procurement may
not be divided into in order to circumvent the provisions of this law.
The calculation shall take into account the options and extension clauses
as if they were exercised.
In the calculation, the contracting entity shall take into account
direct procurement of the same kind made by the device during the
fiscal year. Law (2010:572).
Advertising
4 § at the summary procedure, the contracting entity
request tender by advertisement in an electronic database, which is
generally available, or by advertisement in altered form as
enables efficient competition.
In the selection procedure, contracting entities shall publish a
the applications through an advertisement in an electronic database
made available to the public. The unit must in their invitation set
the number of suppliers that it intends to invite. The number should
be determined by the nature of it to be procured and
be large enough that the effective competition will
is achieved. Law (2010:572).
Content in an ad, etc.
§ 5 an advertising contract notice referred to in paragraph 4 shall indicate
If the subject-matter of the contract and the contact details of the
contracting entity.
In addition, the simplified procedure shall be indicated
1. how tender may be submitted;
2. the day on which the tenders will be received at the latest, and
3. the date until which the tender shall be binding.
In the selection procedure, the ad with the applications
indicate:
1. how requests may be made, and
2. on the day on which the application was last to be received.
Law (2010:572).
Advertising on ex ante transparency notice
5 a of the contracting entities which intend to award a
contracts by direct agreement according to paragraph 3 of the second paragraph,
advertise its intention in an electronic database that is widely
available (ex ante transparency).
Government Announces rules on the content of an advertisement if
ex-ante transparency. Law (2010:572).
section 6 of the repealed law (2010:572).
7 repealed by law (2010:572).
Means of communication in procurement
§ 8 the provisions of Chapter 9. 1-6 sections and section 7, first paragraph
apply for requests to participate and tenders for procurement that
referred to in this chapter.
Deadlines for submitting requests to participate and tenders
§ 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 on which the applications were published
According to paragraph 4 of the second paragraph. Law (2010:572).
section 10 of the contracting entity by the simplified procedure and
selection procedure to disclose additional information about
specifications not later than six days before the specified deadline
in order to submit a tender, provided that such information
been requested in good time. Law (2011:1031).
The receipt and opening of tenders
section 11 shipments with tender shall, as soon as possible after
bid closing, opened by an Ordinance in which at least two
persons designated by the contracting entity shall take part.
Tenders must be placed in a list, which shall be certified
of those who participate in the Ordinance. At the request of a
tenderers must, in addition, a person designated by a
Chamber of Commerce to attend. The costs shall be borne by the
the person making the request.
Tenders shall be opened at the same time.
Correction of errors, clarification and supplementation
12 § a contracting entity may allow a candidate
or tenderer to correct an apparent clerical error, or
wrong account or any of the other obvious errors in the request
or tender.
The device may require that an application or a tender to be clarified
or supplemented if it can be done without risk of discrimination
or restriction of competition.
Control and exclusion of providers
paragraph 13 of the contracting entity is a contracting authority
shall exclude candidates or tenderers from
participation in a tender procedure in accordance with the laid down in
10 Cape. § 1.
A candidate or tenderer may be excluded from
participating in the procurement pursuant to Chapter 10. 2 and 3 sections.
A contracting entity which by the supplier requires information about
conditions referred to in the first and second subparagraphs shall in
the specifications, the ad or letter set on
which way the vendor can provide this information.
13 a section when checking if a vendor has fulfilled its
obligations in respect of social security contributions or the payment of taxes in
Sweden under 10 Cape. 3 paragraph 5, the
contracting entities shall obtain information from the competent
authority. Law (2010:572).
Limited control
13 b of a contracting authority may limit the control of such
documents relating to the supplier's suitability to the
candidates and tenderers set out in the second and third
paragraphs. The supplier shall be given a reasonable time to submit the
requested documents.
In a simplified procedure, the data referred to in the first
subparagraph shall be requested and checked in relation to it, or
the tender Unit intends to invite to
hearing or, if no hearing takes place, the
bidders that the Unit intends to award the contract or
the framework agreement. Control should be done before the bidders are invited
to the hearing and informed of the
the award according to § 19.
In a selection procedure, the data referred to in the first subparagraph
be requested and checked with regard to the candidates
the Unit intends to invite to submit a tender or to
negotiate. Law (2010:572).
14 repealed by law (2010:572).
The examination of requests to participate and tenders
section 15 a contracting entity should examine all the requests
and tenders have been submitted in a timely manner, unless otherwise
to the provisions of section 13. Law (2010:572).
Access to other companies ' capacity
15 a of A supplier may, if necessary, with regard to a particular
contracts rely on other companies ' capacity. The 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.
Law (2010:572).
Alternative grounds for the award of contracts
section 16 of the contracting entities shall adopt either
1. the most economically advantageous tender for the
contracting entities, or
2. the tender with the lowest price.
The assessment of which tender is the economically most
advantageous shall be made in accordance with Chapter 12. Article 1, second paragraph.
The adjudicating entity shall either specify how the different
the criteria referred to in Chapter 12. paragraph 1 are weighted by
the assessment of which tender is the economically most
advantageous or enter criteria in descending
the order of preference. Those weightings can be expressed as ranges
with an appropriate maximum spread.
That weighting or priority shall be given in
your ad on procurement, in the applications or in
the specifications.
Abnormally low tenders
section 17, a contracting entity may reject a tender if it
finds that the price is abnormally low. The tender may be rejected
only after the unit in writing requested an explanation of the
low bid and had not received satisfactory answers.
Law (2010:572).
Documentation, notification, and storage of documents
18 § a contracting entity should record the reasons for their
decisions and other relevant to the contract if the
the procurement value exceeds 100 000 SEK.
Law (2014:475).
19 § at the summary procedure and selection procedure shall
contracting entities shall, as soon as possible, notify the
candidates and tenderers of the decisions referred to in
Chapter 9. § 9 and submit such information as referred to in Chapter 9.
section 10.
Direct procurement, the procuring entity, when the decision
If the supplier and tender, inform the tenderers
decision as soon as possible.
A bidder is bound by his offer even if the tenderer
has received such notification or information that
referred to in the first subparagraph. Law (2011:1031).
section 20 When a procurement has been completed, a Contracting
entity not subject to the Archives Act (1990:782) at a safe
fashion store offers and requests with their associated
descriptions, models and drawings and inventories;
compilations and the like.
The documents must be retained for at least four years from the date of
the contract was awarded.
Communication to the Commission of the outcome of a procurement of
B-services
section 21 Of a contract having as its object services within the meaning of annex 3 (B-
services) is not less than the applicable threshold, in Chapter 3.
the contracting authority shall within 60 days after the
to the contract assigned to notify the European Commission of
the law (2010:572).
Exception for procurement involving national security, etc.
22 repealed by law (2011:1031).
Design contests
section 23 of the Regulations in chapter 13. Article 1, first paragraph, 4, 6 and 8
10 sections also apply to design contests below
the threshold in chapter 13. section 2, if the competition's value
the second subparagraph of paragraph 3 of the specified value.
For the organisation of design contests shall apply paragraph 3. A
the contest will be announced in accordance with section 4 or 5.
If a contract according to the rules of the competition will be awarded to the winner
or one of the winners, the winner and the winners be invited
invited to participate in the negotiations. Law (2010:572).
16. The contractual locking, justice and reparations
The contractual locking
General provisions on contracting locking
§ 1 where contracting entities are required to send a
notification of award decisions under Chapter 9. section 9 first
subparagraph, or 15. section 19 and the notification has been submitted with
an electronic medium, the contracting entity may not be included
agreements (contractual barrier) until ten days have passed from the time
the notification was sent.
If the notification is sent other than by a
electronic resources for one or more candidates or
bidders, the contract is not concluded until 15 days have passed
from the provision.
Where a contracting entity in the notice specify a longer
the contractual locking than the prescribed minimum period, the agreement does not
concluded until after the expiration of the specified period.
Law (2011:1031).
Exceptions to the Agreement barring
section 2 Contracting locking does not apply
1. for the award of contracts for procurement without
previous advertising pursuant to Chapter 4. 2, or section 3, or
2. for direct procurement in accordance with Chapter 15. paragraph 3 of the second paragraph.
Law (2011:1031).
The contractual locking at the ex ante transparency notice
In paragraph 3 of ex ante transparency notice under Chapter 7. section 7 or 15. 5 a §
the contracting entity does not enter into the contract until 10 days
has gone from the ad ex ante transparency published.
Law (2011:1031).
Review
General provisions on justice
section 4, on application by a supplier who believe they have suffered
or to suffer damage, General
Administrative Court review
1. a procurement, and
2. the validity of a contract concluded between a
contracting entity and a supplier. Law (2011:1031).
Competent court
section 5 was repealed by law (2011:1031).
section 5 an application for a review shall be made of the
administrative law in whose area of jurisdiction the contracting entity has
their place of residence.
Leave to appeal is required for an appeal to the administrative court.
Law (2011:1031).
Review of a procurement
section 6, If the contracting entity has violated the
basic principles in Chapter 1. section 24 or any other
provision of this law and this has meant that the supplier
have suffered or may suffer injury, should the judge decide
that the contract should be made about or that it may be terminated
only after correction has been made.
Review of a procurement may not take place after the
agreements have been concluded between the contracting entity and a
supplier. Law (2011:1031).
section 7 If the contracting entity under ongoing review of
the contract included an agreement in violation of 1, 3, 8, 9, or
section 10, shall, at the request of the vendor, review
validity of the agreement in accordance with paragraphs 13-15. Law (2011:1031).
Extended contract barring
section 8 on an application for judicial review of a notice
been made, the contract continues blocking according to § 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. Law (2011:1031).
Interim decision in appeal of a procurement
§ 9 in cases where the contracting locking according to 1, 3 or section 8 does not apply
the Court may decide that the contracting entity cannot be included
agreement before anything else.
The Court may refrain from taking decisions within the meaning of the first subparagraph,
If the damage or inconvenience that the measure would cause can
assessed to be greater than the damage for the vendor.
Law (2011:1031).
Period of 10 days
section 10 When an extended agreement barring applied under section 8, the
contracting entity cannot conclude agreements until ten days have passed
from the Administrative Court has decided the case.
When a law or a Chamber right has taken a
decision pursuant to section 9, the agreement is not concluded until 10 days have
gone from the Court of Justice has ruled on the target or suspended
the decision.
When the Supreme Administrative Court has taken a decision in accordance with
§ 9 and decided to refer the case back to the lower court, may
agreement not be concluded until ten days have passed from the decision
referral back.
The Court may decide that any period of ten days shall not apply.
Law (2011:1031).
Time limits for the application for review of a procurement
section 11 of the application for judicial review of an award shall have
submitted to the administrative court before the end of such
the contractual locking referred to in paragraph 1 or 3. Law (2011:1031).
section 12 of the application for judicial review of a decision to cancel a
contracts shall be submitted to the administrative court before ten
days have passed from the time the procuring entity with a
electronic medium has sent a notice of decision
and specified the reasons for this.
If the notification is sent other than by a
electronic resources for one or more candidates or
bidders, an application for judicial review be submitted to the
administrative law before 15 days have passed from the provision.
Law (2010:572).
Review of the validity of a contractual
13 § Right to decide that a contract concluded between
a contracting entity and a provider is not valid, if the
contract was concluded without prior advertisement according to Chapter 7.
1, 2, 3, 4, or section 5, chapter 13. section 5 or 15. 4 section.
An agreement shall also be declared invalid if it was 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 if the contract has been concluded before notification of
award decision under Chapter 9. § 9, first subparagraph, or
15. § 19. For nullity in such cases is required in addition to
the basic principles in Chapter 1. section 24 or any other
provision of this law has been violated and this has resulted in
that the supplier has suffered or may suffer injury.
Law (2011:1031).
section 14 If there is an overriding reason relating to the public interest,
should the judge decide to contract may be made up even though
conditions for invalidity under section 13 are met.
Law (2011:1031).
section 15 of the provisions on the nullity of section 13 shall not apply if
contracting entities through the ex ante transparency notice under Chapter 7. 7 §
or 15 Cape. 5 a § has announced its intention to procure and
has complied with the contractual retainer at the ex ante transparency notice under paragraph 3.
Law (2011:1031).
Interim decision in appeal by a validity
section 16 of the Law may decide that a contract may not be fulfilled to
its something else.
The Court may refrain from taking decisions within the meaning of the first subparagraph,
If the damage or inconvenience that the measure would cause can
assessed to be greater than the damage for the vendor.
Law (2011:1031).
Time limits for the application for review of a Contracting
validation
section 17 of an application for judicial review of the validity of a contract shall,
subject to the second paragraph, have been received by the
the administrative court within six months of the agreement
concluded.
However, the application must be submitted to the administrative court before 30
days have passed from the time
1. the European Commission has published an advertisement in accordance with
Chapter 7. section 6 or a notification under Chapter 15. section 21, or
2. the contracting entity has notified in writing
candidates and tenderers if the contract was concluded
and has provided a summary of information that
referred to in Chapter 9. section 10. Law (2011:1031).
Calculation of certain times
section 18 for the purposes of calculating the length of a Contracting locking and
tiodagarsfrister under section 10 and the time limits for the application for
Justice, section 2 of the Act (1930:173) on the calculation of
statutory time applied. Law (2011:1031).
Ban appeal
section 19 of the decision that this law is applicable to must not
be appealed with the backing of 10 Cape. Local Government Act (1991:900).
Law (2011:1031).
Damages
20 § contracting entities which have not complied with the provisions of
This law will replace thereby resulting damage of a
supplier.
The right to reparation includes compensation to a
candidates or tenderers who have participated in a
procurement and which has had costs of preparing tenders
and otherwise participate in the tender, if the breach of
the provisions of this Act adversely affected his or
her chances of being awarded the contract. Law (2010:572).
paragraph 21 of the claim for damages shall be brought before the Court within
one year from the date on which agreements have been concluded between the
contracting entity and a supplier or have been declared
invalid according to section 13, a decision which has become final
force. Brought not the action in time, is the right to damages
lost. Law (2011:1031).
Chapter 17. Procurement claims fee
General provisions on procurement damage fee
section 1 of the General Administrative Court may decide that a Contracting
Unit shall pay a special fee (procurement injury fee)
If
1. General Administrative Court, in a decision which has won
the force confirmed that an agreement may consist, in spite of the fact that the
has been concluded in breach of the provisions on contractual lock-in
16. 1, 3, or section 8,
2. General Administrative Court, in a decision which has won
the force confirmed that an agreement may consist of mandatory
account of a public interest according to Chapter 16. section 14, or
3. the unit has signed an agreement with a supplier without prior
advertising in accordance with Chapter 7. 1, 2, 3, 4, or section 5, chapter 13. section 5,
or 15 Cape. 4 or 6. Law (2011:1031).
section 2 of the supervisory authority shall in general administrative courts
apply for a contracting entity should pay
procurement-impeding damages in the cases referred to in article 1 1 and 2.
The regulatory authority may in general administrative courts apply
If that contracting entities should pay
the procurement cost of injury in the case referred to in paragraph 1 of the 3.
Law (2010:572).
Competent court
section 3 of the application for that contracting entities should pay
procurement claims fee should be made in the administrative law in
where the contracting entity is domiciled.
Leave to appeal is required for an appeal to the administrative court.
Law (2010:572).
The amount of the
section 4 of the Procurement injury fee shall amount to not less than 10 000
dollars and not more than 10 000 000 kroons. The fee may not
exceed 10% of the contract value.
The calculation of the contract value shall be carried out in accordance with Chapter 3. 2 and
3 sections or 15 Cape. 3 a §. Law (2010:572).
§ 5 in the determination of the amount of damage award
shall be taken in particular of the seriousness of the offence.
In call cases, any fee not be decided. The charge may
remitted, if there are serious reasons. Law (2010:572).
Deadlines for application for fee
section 6 of the application for the award claims fee under section 1 or 2
shall be submitted to the administrative court within six months from the
the date of the decision to which the application is based on has
become final. Law (2010:572).
section 7 When an application for the award based on the injury charge 1 § 3
and one or more providers have applied for review of
contract within the time limits laid down in Chapter 16 of the.
section 17, the application is not made until the deadline has expired and
all decisions in response to the appeal has won
the force of law. The application shall be submitted to the Administrative Court
within six months from the date on which all decisions with
reason of appeal proceedings has become final.
When no vendor has applied for review of the agreement's
validation within the time limits laid down in Chapter 16 of the. section 17,
application be submitted to the administrative court within one year from the
the agreement was concluded. Law (2011:1031).
Payment of fee, etc.
8 § Procurement impeding to the State. Law (2010:572).
§ 9 Procurement claims fee is payable to the
the supervisory authority within 30 days of the decision
regarding the fee became final or within the
longer period specified in the decision.
If the fee is not paid in time, the supervisory authority shall submit
the unpaid fee to the collection. Provisions on
Recovery Act (1993:891) for the recovery of the State
Receivables etc. Law (2010:572).
section 10 A determined procurement claims fee falls off, if
the decision concerning the levy failed
within five years from the judgment has become final.
Law (2010:572).
Chapter 18. Supervision
General provisions on supervision
1 § Government Announces rules on which authority
supervises procurement under this Act.
Law (2010:572).
2 section at its oversight, the authority may obtain all necessary
information of their supervisory activities from Contracting
devices or can be assumed to be a contracting entity.
This information is primarily collected by written
procedure. If because of the material's scope, urgency
or any other relative is more appropriate,
the information obtained through the visit to the Contracting
the device. Law (2010:572).
section 3 of the contracting entities and the like can be assumed to be a
Contracting Authority is obliged to provide the
information which the supervisory authority requests for their supervision.
Law (2010:572).
Injunction
paragraph 4 If it is necessary for the supervisory authority to exercise
their supervision according to this law, the Agency may impose a
contracting entity or that can be assumed to be a
contracting entities to provide information, to view a document
or to hand over a copy of the document.
An injunction under the first paragraph may be appealed to the
General administrative courts.
When an injunction is appealed, is the supervisory authority
counterpart of general administrative courts. Law (2010:572).
Competent court
paragraph 5 of the regulator's notice under paragraph 4,
be appealed to the administrative law in whose area of jurisdiction the
the injunction is addressed to residents.
Leave to appeal is required for an appeal to the administrative court.
Law (2010:572).
Transitional provisions
2007:1092
1. this law shall enter into force on 1 January 2008.
2. the provisions of Chapter 1. § 9 applicable to procurement
commence after the end of the year 2008.
3. The provisions of the Act (1992:1528) on public procurement
shall apply to contracts which have commenced before
the entry into force.
2010:572
1. This law shall enter into force on July 15, 2010.
2. Older provisions apply to contracts which have
commenced before the entry into force.
2011:1031
1. this law shall enter into force on 1 January 2011.
2. Older provisions apply to contracts which have
commenced before the entry into force.
2014:475
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 is not included here. The annex introduced by law (2011:1031).
Annex 2
List of the service contracts (services)
Category Description
1 maintenance and repair services
2 Land transport services, with the exception of railway transport
covered by category 18, security and
courier services, except transport of mail
3 air transport of passengers and goods by road,
except transport of mail
4 transport of mail by land, with the exception of
rail transport services covered by category 18,
and in the air
5 telecommunications services
6 financial services:
a) insurance services
b) banking and investment services, with the exception
of financial services in connection with the issue,
acquisition, sale, or transfer of
securities or other financial instruments
and Governor services. In addition, be exempt
services relating to the acquisition or rental, by whatever
financing conditions, of land, existing
buildings or other real estate or
concerning rights thereon. Financial
services provided at the same time, before the
or after sale/lease,
regardless of their form, should be covered by this
directive.
7 computer and related
services
8 research and development services, with the exception
research and development services
exclusively for the benefit of the Contracting
the device in its own activities, in
provided that these services are fully financed
of the contracting entity
9 accounting, auditing and bookkeeping services
10 market research and public opinion polling services
11 management consulting services, with the exception of
mediation and conciliation services, and thereby
coherent services
12 architectural services, engineering services and
integrated engineering services, urban planning
and landscaping, related
Scientific and technical consulting services,
technical testing and analysis
13 Advertising Services
14 building-cleaning services and property management
15 publishing and printing services on a fee or
on contract
16 Sewage and refuse disposal services, sanitation and
similar services
Law (2011:1031).
Annex 3
List of the service contracts (B)
Category Description
17 hotel and restaurant services
18 rail transport
19 maritime transport
20 supporting and auxiliary
transport
21 legal services
22 recruitment and selection of personnel, with the exception
of employment contracts
23 investigation and security services, with the exception
armoured car services
24 the teaching and vocational training
25 health and social services
26 recreational and sports activities as well as
cultural activities, with the exception of contracts
for the acquisition, development, production or
co-production of programs conducted by radio
and broadcasters and contracts for broadcasting time
27 other services
Law (2011:1031).
Annex 4
Definition of certain technical specifications
Of the Act for the purposes of this
listed:
1. a) technical specification in terms of service, or
supply contract means a specification in a document with an indication of the
the requirements for a product or a service's properties, such as
quality levels, environmental performance levels, design for all
uses (including accessibility for
disabled persons) and conformity assessment,
performance, the product's intended use, safety or dimensions,
as well as requirements applicable to the product as regards the name under which the
marketed, terminology, symbols, testing and test methods,
packaging, labelling, user instructions, production procedures
and methods as well as the procedures for the assessment of
conformity.
b) technical specifications for works contracts:
all technical regulations, which among other things is added
in the specifications, identifying the characteristics
of a material, a product or a product to the material,
product or the goods must be described in such a way
This is suitable for the contracting authority's planned
use. The technical requirements shall include
environmental performance levels, design for all requirements
(including accessibility for disabled people), assessment of
compliance, performance, safety or dimensions,
including quality control procedures, terminology,
symbols, testing and test methods, packaging, marking and
labeling, instructions for use, as well as production processes and
production methods. They shall also include rules relating to
design and cost, testing and inspection rules,
conditions of work shall be adopted, the technology or
the methods of construction, as well as all the other
technical conditions which the contracting entity according to the law or
other statutes may specify in respect of the completed
the works and if the materials or parts which they involve.
2. ' standard ' means a technical specification approved by a
recognised standardisation body for repeated or continuous
application, compliance with which is not compulsory
and that falls under one of the following categories:
-International standard: a standard adopted by a
international standardisation organisation and made
available.
-European standard: a standard adopted by a
European standardisation body and made
available.
-National standard: a standard adopted by a
national standardisation body and made
available.
3. "European technical approval" means a positive technical opinion
If the use of a product, based on how it meets
the essential requirements for building works, by means of their properties and
specified conditions of application and use. A European
technical approval shall be issued by a body for
approval designated for the purpose by the Member State.
4. common technical specification: a technical specification
drawn up in accordance with a procedure recognised by the
Member States in order to achieve uniform application in
all Member States and that its publication in the official
Official Journal of the European Union.
5. technical reference: a product, with the exception of official
standards, produced of a European
standardisation bodies in accordance with procedures adapted
to the development of market needs.
