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),
-monitoring of vendors ' suitability and choice of participants
etc. (11 kap.)
-the award of contracts (Chapter 12),
-works (Chapter 13.)
-service design contests (Chapter 14.)
-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 (2010:571).
The scope of the law
section 2 of this Act apply to the award of public service contracts
works, supplies and services and of public works concessions.
The law also apply when contracting authorities organise
design contests. What is meant by public procurement and
General address of the contracting authority specified in Chapter 2. section 13 section 19, respectively.
Only 15 Cape. apply in the case of public procurement
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 public works contracts which have as their object services listed in
Annex 2 (A) does not apply in chapter 13 and 14.
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.
In the case of services concessions apply only to Chapter 1. section 12.
Law (2011:1030).
Exemptions from the scope
Procurement in the water, energy, transport and
postal services
section 3 of this Act do not apply to contracts
1. subject to the Act (2007:1092) on procurement in the fields
water, energy, transport and postal services, or
2. is exempt pursuant to Chapter 1. 12, 21, 22 or 23 of the
the law.
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 (2011:1030).
Telecommunications services
section 4 of this Act do not apply to contracts which mainly aim
to give the contracting authority the opportunity to
provide or operate public telecommunications networks or to order
the public telecommunications services.
Procurement under other international rules
section 5 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
European economic area (EEA) and any other
State of 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.
Exceptions on grounds of confidentiality, etc.
5 a of the provisions of this Act do not apply to procurement
covered by the obligation of professional secrecy or stir the nation's essential
interests. Law (2011:1030).
Specific exemptions
section 6 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. acquisition, development, production or co-production of
programme material intended for radio and television programs as well as
contracts for broadcasting time;
3. arbitration or conciliation commissions,
4. financial services in connection with the issue, sale,
the acquisition or transfer of securities or other
financial instruments,
5. employment,
6. research and development services, with the exception of those
whose benefits accrue exclusively to the contracting authority in
its own business and is paid by the Agency, or
7. activities relating to the management of the public debt or as
object services from a central bank.
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 7 of this Act do not apply to service contracts which are a
contracting authority assigns another Contracting
authority by virtue of the law have
the exclusive right to perform the service.
Supplementary works contracts in connection with
public works concessions
section 8 of this Act shall not apply to supplementary
works that are not included in the original
considered or the original contract if
1. they have become necessary through unforeseen circumstances
for the work, as described in
considered or contract, provided that the contract
assigned to the original supplier,
2. the supplementary works not without major technical or
economic disadvantages for the contracting authority can
separated from the original contract, or
3. they are absolutely necessary for the
be pursued.
The exemption provided for in the first subparagraph shall not apply if the total
the value of the contract exceeds half of the original
the value of the contract.
General provisions
Public procurement principles
§ 9 contracting authorities 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.
9 a of the contracting authorities should take into account environmental considerations and
social considerations into public procurement if the art
justify this. Law (2010:571).
The right to participate in public procurement
section 10 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 public contract only
because of the requirement that the supplier must be a physical 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 11 of the groups of suppliers have the right to apply for
to submit a tender and to submit a tender. The Contracting
the authority may not set up conditions that such groups
must have a specific legal form in order to leave a
requests to participate or tenders. However, the authority may request that
a group must have a given legal form when it has been
assigned to the contract, if required to the contract shall
be carried out in an acceptable manner.
Granting of special or exclusive rights to exercise
public service activities
section 12 where a Contracting Authority grants to anyone other than a
a contracting authority special or exclusive rights
to operate in the public interest, it shall
action whereby this right granted to include a provision
that means that the holder of the right or the exclusive right
shall respect the principle of non-discrimination on the basis of
nationality when it assigns the third party supply contracts.
Chapter 2. Definitions
General definitions
section 1 Of the candidates referred to the applicant for participation in the
a restricted or negotiated procedure, in a
competitive dialogue or in a selection procedure in accordance with
15. Law (2010:571).
2 § With affiliated undertakings referred to
1. any undertaking over which the contracting authorities have a
controlling interest,
2. undertakings which can exercise a dominant influence over a
General address of the contracting authority, and
3. companies along with a contracting authority is
under the dominant influence of another undertaking as a result of
ownership or financial participation or the rules
the company is subject.
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.
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 Authority.
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 (2010:571).
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 authority provide a supplier.
section 9 with the negotiated procedure ' means a procedure whereby the
Contracting authorities 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 authorities, or
2. participates in a public procurement as agent
for several Contracting authorities. Law (2010:571).
9 b section Of the competitive dialogue referred to a procedure
any supplier may request to participate and whereby the
Contracting Authority for a dialogue with the candidates
invited to participate in this proceeding.
Law (2010:571).
10 § with contract "means a written agreement with economic
conditions
1. concluded between one or more Contracting authorities and one
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.
10 a of With contracts according to section 10 of, however, are not agreements concluded
between a contracting authority and a legal person or
a joint Board under the local Government Act (1991:900), if
1. the contracting authority exercises a control over the
legal entity or the Joint Committee representing
to that which it exercises over its own departments, and
2. the legal person or the Joint Committee conducts
the main part of its activities with the
authorities who control it. Law (2012:392).
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 of public procurement "refers to the measures taken by the
a contracting authority in order to award a contract
or conclude a framework agreement in respect of goods, services or
public works contracts.
section 14 Of the contest, a competition open to all
and organized by a contracting authority in order to
acquire a plan or design selected by a jury
appointed to the winning design.
section 15 Of framework agreement "means an agreement between one or
more Contracting authorities and one or more suppliers
in order to establish the conditions for the subsequent allocation of
contracts over a given period of time.
16 § With restricted procedure ' means a procedure where all
providers may request to participate and only
candidates who are invited by the contracting authority to
Delta may submit a tender.
section 17 With "service concession" is 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.
section 18 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 21.
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.
§ 19 With contracting authority referred to State and municipal
authorities.
For the purposes of this law, with authority equivalent
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 20 with the buyer profile refers to a compilation of information
available on the Internet, that contain information
If the contracting authority and its procurement.
section 21 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 the second subparagraph of section 18.
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.
22 § With open procedure ' means a procedure where all
suppliers may submit a tender.
Definitions that apply only 15 Cape.
section 23 refers to a direct procurement contracts without requiring
tenders in some form. Law (2010:571).
section 24, 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 25 with the selection procedure means a procedure in which all
suppliers have the right to apply for tender, the
Contracting Authority invites vendors to leave
tenders, the contracting authority may negotiate with one
or more 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. a) products procured by a central government authority, in
such authorities in the field of defence, however, only
When the contract relating to the products listed in annex V to
European Parliament and Council Directive 2004/18/EC of 31
March 2004 on the coordination of procedures for the award of public
procurement of works, goods and services, as last
amended by Commission Regulation (EC) no 2083/2005,
1. b) services which are procured by a central government agency,
subject to the second subparagraph,
2. goods and services in other cases than those referred to in paragraph 1, or
3. public works contracts.
For the procurement by a central government authority
apply the same threshold that applies under the first subparagraph
2, if the contract concerns
1. such research and development services
category 8 of annex II,
2. telecommunications services in category 5 of annex 2,
the reference numbers in the CPV are equivalent to
reference Nos CPC 7524, 7525 and 7526, or
3. the services referred to in annex III (B).
The Government announced in Svensk författningssamling
thresholds expressed in euro and Swedish krona and a list of
over the defence products referred to in the first subparagraph 1. (a)).
Special provisions relating to thresholds for contests
see Chapter 14. 2 and 3 sections.
The value of the contract is calculated excluding value added tax.
Law (2010:571).
Contracts subsidised to a level of more than half a
Contracting Authority
section 2 of this Act shall apply to contracts awarded by
someone other than a contracting authority or by a
Contracting Authority on behalf of someone else, if more than
half the cost of the contract is covered by direct contributions
from a contracting authority and contract value
estimated to be at least the amount (thresholds)
The European Commission may at any time have decided or
left message, if the contract
1. a work relating to the construction of hospitals,
facilities for sports, recreation and leisure, school-or
University buildings or buildings
administrative purposes, or
2. services related to a work referred to in
1.
The contracting authority which provide such a contribution should look
to the provisions of this law shall apply where the contract
procured by someone other than the Agency.
The Government announced in Svensk författningssamling
thresholds expressed in euro and Swedish krona. Law (2010:571).
Calculation of the value of a contract
section 3 of the value of the contracts referred to in paragraph 1 or 2 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 Contracting Authority plans to pay to
candidates or tenderers must be included in the value.
section 4 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
moment at which the contracting authority invites suppliers
for competition.
Prohibition in certain cases to divide a procurement
§ 5, a work, or a proposed acquisition 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.
section 6 of the 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 7 About a planned acquisition of works or
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 procurement of such lot who is exempted by
This section will be 15. applied.
Works contract
section 8 when calculating the value of a works contract
the cost of the works and the value of the goods and
services that the contracting authority 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
§ 9 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
section 10 of 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 11 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 the commissions payable and other forms of
compensation.
section 12 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 13 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 and the
competitive dialogue
section 1 of the public contracts to be open or restricted
procedure may be used.
Negotiated procedure with or without previous advertisement
may be used under the conditions and in the manner
set out in paragraphs 2 to 9.
Competitive dialogue may be used under the conditions
and in the manner set out in paragraphs 10 to 21. Law (2010:571).
Negotiated procedure with prior announcement
section 2 of the negotiated procedure with prior advertising may
used
1. about the tenders submitted at an open or a restricted
procedure or a competitive dialogue is invalid
or not acceptable with regard to the provisions of
(a)) 1. paragraph 10 of the second paragraph of that legal persons in certain
case shall state the names and relevant professional qualifications of persons who
to perform a service covered by the contract;
(b)), Chapter 6. section 9, second and fourth paragraphs of that unauthorized
variants may not be taken into account and that only
variants that meet the minimum requirements may
be taken into account,
(c)), Chapter 6. section 11 that tenderers must specify what portion
who may intend to subcontract to third parties;
(d)), Chapter 6. paragraph 12 that the tenderers and
candidates must confirm that account is taken of
the provisions relating to employment protection and working conditions in
design of tender;
e) Chapter 9. the second subparagraph of paragraph 8 if a supplier should
clarify and supplement the documents submitted,
f) 10. on the exclusion of suppliers,
g) Chapter 11. on the control of the suitability and choice of suppliers
suppliers, etc., or
h) 12. If the award of the contract,
2. If it is to be procured is of a kind or associated
with such risks that, due to exceptional circumstances
cannot set a total price in advance,
3. for financial and intellectual services such
art it is not possible to produce sufficiently accurate
specifications to be able to carry out the procurement
by selecting the best tender according to the rules for
Open or restricted procedures, or
4. for works which only has research, testing
or development and not aimed at profit or
to cover research and development costs.
The first subparagraph of paragraph 1 applies only if the terms of the contract in
compared to the previous contract does not change
significantly. Law (2010:571).
3 § at the negotiated procedure with prior advertising shall
Contracting authorities shall negotiate with tenderers the
bids that they have submitted in order to adapt the bids to the requirements
as the authority has indicated in the advertisement of procurement and in
the specifications, as well as to seek out the best tender
According to Chapter 12. § 1.
paragraph 4 of a contracting authority, in the advertisement or in the
the tender documents specify that the negotiated procedure with
the previous announcement to take place in successive stages in order to
reduce the number of tenders which the hearing shall cover. In doing so,
the award criteria shall be applied as specified in the ad if
the contract or in the contract documents. The final
the number of bids should always be such that effective competition
be achieved, provided that there is a sufficient
number of suitable candidates or tenderers.
Law (2011:1030).
Negotiated procedure without prior advertisement
§ 5, contracting authorities may use the negotiated
procedure without prior advertising by the assignment of
contracts for works, supplies and services if
1. the case of an open or restricted procedure has been provided
any requests or not given any tenders or
not been provided no suitable tenders and the original
the terms of the contract are not substantially altered;
2. 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
provider, or
3. it is absolutely necessary to award the contract, but
extreme urgency caused by the circumstances that have not been able to
envisaged by the contracting authority makes it impossible to
keep deadlines in open, restricted and negotiated
procedure with prior announcement.
If the European Commission asks for it, the Contracting
the Agency, in a report to the Commission account such
cases where the first subparagraph 1 has been applied by
authority. Law (2010:571).
section 6, in the cases referred to in paragraph 2 of the 1 may a contracting authority
refrain from announcing contract notice, if it is in a
negotiated procedure invite only tenderers who
comply with the requirements of Chapter 10 and 11. and that in a previous
Open or restricted procedure or in a previous
competitive dialogue, have submitted tenders that meet the
formal requirements of the procurement. In the procedure may not
other than such bidders participate. Law (2010:571).
section 7 Contracting authorities may use the negotiated procedure
without previous advertisement for the award of supply contracts on
1. the case of goods which are produced only for research,
experiment, study or development, and contract
not intended for profit or to fund research and
development costs and provided that it does not
impairs the ability of the competition at a later
contract award which has such a purpose,
2. the case of additional deliveries of goods from the
original vendor if
a) goods intended for either part exchange or
addition to previous deliveries, and
(b)) a change of supplier would oblige the Contracting
the authority 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,
3. the case of goods which are quoted and traded on a
commodity market, or
4. 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.
A supply contract within the meaning of the first subparagraph 2 shall remain in force for longer
For more than three years only if there are special reasons.
section 8, contracting authorities may use the negotiated procedure
without prior announcement if
1. it applies 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 disadvantage for
the contracting authority may be distinguished from the original
the contract, or
(b)), although they can be separated, are absolutely necessary in order to
the contract to be completed, or
2. in the case of a new construction or service groups
repetition of earlier works or services under
prerequisite
(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.
The total value of the contracts referred to in the first subparagraph 1
shall not exceed one half of the original contract
value.
The procedure referred to in the first subparagraph 2 may apply in
not more than three years after the initial contract was concluded.
Law (2011:1030).
Design contest
section 9, contracting authorities may use the negotiated procedure
without previous advertisement if it is an
service contracts that conform to a design contest organised
According to chapter 14, provided that the contract under
contest rules, be awarded to the successful candidate or to one of the winners
of the contest.
If a competition has been completed with more than a winner,
all winners will be invited to participate in the negotiations.
Competitive dialogue
Prerequisites
section 10, a contracting authority may make use of
competitive dialogue in the award of a special
complicated contracts and then open or restricted
procurement procedure does not allow the award of the contract.
Law (2010:571).
section 11 of the contract is considered to be particularly complicated, if not
may reasonably be required by the contracting authority to
to be able to
1. define the performance or functional requirements as referred to in Chapter 6.
3 § that can meet the needs of the authority or its
goals can be achieved, or
2. specify the legal or financial arrangements
project. Law (2010:571).
Advertising
section 12 where a contracting authority intends to make use of a
competitive dialogue, the advertisement indicate this. In
your ad or in the descriptive document, the Agency shall specify
their needs and requirements. Law (2010:571).
Initiation of dialogue
section 13 the contracting authority should initiate a dialogue with the
candidates who have been selected with application of 10 and 11
Cape.
The aim should be to identify and determine how the
Contracting Authority's needs can best be met. During
the dialogue may discuss all aspects of the contract
with the selected candidates, in order to attain one or
several solutions that can meet the Agency's needs and
form the basis of which the candidates chosen
will be invited to leave. Law (2010:571).
Implementation of the dialogue
section 14 of the contracting authorities may decide that the dialogue should
be conducted in successive stages in order to limit the number of solutions
to be discussed during the dialogue. In this case, it is stated in the
your ad or in the descriptive document. Such limitation shall
in accordance with the award criteria set out in the advertisement or
in the descriptive document. The final number of solutions
should always be such that effective competition is achieved, during
provided that there are enough solutions.
Law (2011:1030).
section 15, the contracting authority shall continue the dialogue forward
until the Agency has found the solution or solutions
that meets the Agency's needs. The dialogue shall then
explained and the participating candidates will
as soon as possible in writing shall be informed accordingly.
Law (2010:571).
Invitation to submit final tenders
section 16 When a notification has been made under section 15, the
Contracting authorities shall ask the participating candidates
to submit their final tenders on the basis of the
solutions presented and specified during the dialogue.
Tenders shall contain all the elements and conditions
necessary for the performance of the project. Law (2010:571).
Elucidation and clarification of tenders
section 17 the contracting authority may invite the participation
tenderers to clarify and refine its offer.
Such measures or supplementary information may, however,
not lead to fundamental aspects of the tender or
the invitation to tender should be modified so as to distort
competition or lead to discrimination.
Law (2010:571).
Evaluation of tenders
section 18 of the contracting authorities shall assess the tenders on the
the basis of the award criteria. The award criteria
should be specified in the notice or the descriptive document.
Law (2010:571).
section 19 of the contracting authority shall adopt the
the most economically advantageous. Law (2010:571).
Clarification of the tender or confirm commitments
section 20 of the contracting authority may ask the tenderers
whose tender has been identified as the most economically
advantageous to specify certain aspects of the tender or to
confirm the commitments set out therein.
Such a clarification or verification may be
not lead to
1. the essential elements of the tender or invitation to be amended,
2. distortion of competition, or
3. discrimination.
Law (2010:571).
Prices or payments to the participants
section 21 of the contracting authorities may decide that rates
or payment should be given to the participants in the dialogue.
Law (2010:571).
Central purchasing organisations
section 22 contracting authorities may purchase works,
goods and services through a central purchasing body.
Law (2010:571).
Chapter 5. Framework agreements
Applicable provisions
section 1 contracting authorities may conclude framework agreements with application
the rules on public procurement of
works, supplies and services in this law.
Award of contracts
2 § contracts based on a framework agreement shall be awarded
According to § 4, 6 or 7. Such a contract may not be concluded only
between a contracting authority and a supplier who is a party
in the framework agreement.
When awarding contracts based on a framework agreement,
the parties did not significantly deviate from the terms of the framework agreement.
Duration of the framework agreement
paragraph 3 of the framework agreement shall run for a period longer than four years only if
There are special reasons.
Framework contract with a single supplier
4 § on a framework agreement concluded with a single supplier, shall
the terms of a contract based on framework agreement
comply with the conditions laid down in the framework agreement.
The award of such contracts, the Contracting
the authority in writing, consult with the vendor who is a party
in the framework agreement and, where necessary, ask the provider to supplement
its offer.
Framework agreements with several suppliers
§ 5 If a framework agreement is concluded with several vendors, in accordance
with 6 or 7 sections, these must be at least three, if there is a
a sufficient number of suppliers who satisfy the selection criteria
and a sufficient number of admissible tenders which meet the
award criteria as referred to in Chapter 12. 1 paragraph that
specified in the specifications of the framework agreement.
section 6 of the framework agreement concluded with several suppliers in accordance with paragraph 5 of may
Award of contracts based on the framework agreement be by
application of the terms laid down in the framework agreement without reopening the invitation to
tender.
Contracts shall be awarded to the supplier who has submitted the
best tender on the basis of the criteria specified in
the framework agreement.
paragraph 7 of the framework agreement concluded with several vendors according to § 5, and
If not all conditions are specified in the framework agreement, the Parties shall
be invited to submit tenders in accordance with the conditions
set out in the framework agreement. These terms and conditions, if necessary
be specified and, if necessary, be supplemented by other terms
specified in the specifications of the framework agreement.
For the purposes of the first subparagraph shall
1. the contracting authority for any contract to be
be assigned in writing to consult with those vendors that can
performance of the contract,
2. the contracting authority shall specify a time limit that is
sufficient to submit a tender for each specific contract,
taking into account the nature and scope of the contract,
3. tenders shall be submitted in writing and the contracting authority
examine the contents of them before the specified response time
has expired, and
4. Contracting authorities shall award each contract
to the tenderer who has submitted the best tender on
the basis of the award criteria specified in
the specifications of the framework agreement.
5 a Cape. Electronic auction
Scope
(1) a contracting authority may, if the contract documents
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. such a negotiated procedure may be used in the
cases referred to in Chapter 4. 2 § 1,
4. the reopening of competition within a framework agreement 5
Cape. section 7,
5. simplified procedure, and
6. selection procedure.
Law (2010:571).
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 (2010:571).
section 3 on electronic auction will be used, the
the contracting authority shall specify in the advertisement of procurement.
Law (2010:571).
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 (2010:571).
Initial evaluation of the tenders
section 5 Before a contracting authority is launching an electronic
auction, it shall make a full initial
evaluation of the tenders in accordance with the award criteria
and with the weighting fixed for them. Law (2010:571).
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 (2010:571).
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 (2010:571).
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 (2010:571).
§ 9 the electronic auction may not start sooner than
two working days after the day on which the invitation was sent out.
Law (2010:571).
section 10 of the electronic auction may take place in several of the
successive stages. Law (2010:571).
Information for bidders
11 § throughout each phase of an electronic auction shall
contracting authority immediately inform each tenderer
sufficient information to enable them to ascertain their
place in the ranking.
The contracting authority may also provide other
information about prices or values, provided that
This is specified in the contract documents.
The contracting authority may provide information on the number of
participants in the electronic auction. Law (2010:571).
The termination of an electronic auction
section 12 of The electronic auction shall be terminated by the Contracting
authority
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
authority in the invitation to take part in the auction, specify how far
after it has received the final bid as the
will end the auction.
In the case referred to in the first subparagraph 3, the timetable for
each phase of the auction set out in the invitation to take part in
the auction. Law (2010:571).
13 § When the electronic auction has been completed, the
Contracting authorities shall award the contract on the basis of
the results of the electronic auction. Law (2010:571).
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 completed
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
section 3 of the contracting authorities may specify 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 authority 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.
A contracting authority may specify the technical
the specifications by referring to the specifications
According to section 2 for certain characteristics, and performance-
or functional requirements as referred to in the first subparagraph in the case of other
characteristics.
Information concerning the origin, manufacture, etc.
4 § the technical specifications must not contain 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 If a Contracting Authority chooses to refer to
technical specifications referred to in paragraph 2, it may not reject a
bid 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.
section 6, where a contracting authority decides to, in accordance with paragraph 3 of
specify the performance or functional requirements, it may not because of
These requirements, reject a tender, if the bidder can demonstrate that
tender in conformity with
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 set by the contracting authority
up.
Eco-labels
Article 7 where a Contracting Authority specifies environmental characteristics in the form
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.
Contracting authorities may indicate that the goods or services
bearing such an eco-label are presumed to correspond to
the technical specifications as defined in
the specifications but shall accept also other suitable
evidence that this is the case.
Recognised bodies
section 8, contracting authorities shall accept certificates from bodies
is recognised in an EEA country.
Tenders with alternative designs
section 9 Shall a contracting authority adopt the economically most
advantageous tender, it may authorise tenderers to submit
tenders with alternative designs.
The contracting authority shall specify, in the advertisement of procurement
indicate whether it accepts tenders with alternative designs. If
This is not specified, is tender with alternative designs not
allowed.
A contracting authority 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 10 when awarding supply or service contracts, a
Contracting authorities which have allowed tenders with alternative
designs according to § 9 not reject 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 11 of the contract documents, the contracting authority
ask the tenderer to indicate in his tender any share of the
the contract may intend to subcontract to third parties and the
proposed subcontractors.
Information about taxation, environmental protection, occupational safety and
working conditions
section 12 of a contracting authority, in the specifications
inform about 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.
Where the contracting authority provides such information
concerning 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 13, contracting authorities 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 the contracting authorities intend to award a
contract or a framework agreement shall advertise the contract,
subject to Chapter 4. 5-8 sections.
Information about planned procurements (advertising)
section 2 contracting authorities which wish to apply the provisions
If the shortening of the time limits in Chapter 8. paragraph 4 shall be in an ad
Please provide information on the contracts or the framework agreements that the authority
intends to give each part over the next
twelve months (pre-release advertising).
An announcement on the outcome of a procurement (efterannonsering)
section 3 of the contracting authorities which have awarded a contract
or concluded a framework agreement, to the European Commission
send an ad about the results of the award procedure no later than 48 days
After the award of the contract or framework agreement
(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 (2010:571).
Advertising on ex ante transparency notice
section 4 of the contracting authorities intend to award a
contracts by negotiated procedure without prior
advertising pursuant to Chapter 4. 5-9 §§ may send an ad about their
the intention of the European Commission (ex ante transparency).
Law (2010:571).
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 authority, special
taking into account the complexity of the contract and the
time as suppliers are likely to need in order to prepare the tenders.
However, the time limits laid down in this chapter are 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 §§ 4-8.
Time limits in restricted procedures, competitive dialogue
and the negotiated procedure with prior announcement
section 3 in restricted procedures, competitive dialogue procedures and
negotiated procedure with prior advertising shall
the deadline to submit requests to be at least
37 days from the date of the advertisement of procurement was sent for
publishing.
In restricted procedures, the time limit for entering with
tenders shall be 40 days from the date on which the invitation referred to in
section 10 was sent to selected candidates.
It referred to in the first and second subparagraphs shall apply if not something
subject to the provisions of §§ 4-8. Law (2010:571).
Deadline for advance advertising
4 § Of the contracting authority förhandsannonserat
According to Chapter 7. section 2, the deadline to submit tenders
in response to an open or restricted procedure to be at least 36 days and
may in no case be less than 22 days from the date of
the ad was submitted for publication.
The time limits referred to in the first subparagraph may only be used
If
1. preview the ad contained the information specified in annex
VII A to Directive 2004/18/EC of the
31 March 2004 on the coordination of procedures for the award of public
procurement of works, goods and services, as last
amended by Commission Regulation (EC) no 2083/2005, in the
as far as information was available at the time of
prerelease 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
§ 5 If an ad is drawn up and transmitted by electronic means,
gets the time limits referred to in paragraphs 2 and 4 to enter bids
in open procedures, and the time limit under section 3(1)
to come in with requests to participate in restricted
procedure, competitive dialogue or negotiated
procedure with prior advertising, shortened by seven
days. Law (2010:571).
section 6 of the deadlines for the entering of tenders in open and
restricted procedure may, in addition to what follows from § 5,
be shortened by five days where the contracting authority with the
electronic means offer unrestricted and full direct access
to the full specifications from the date on which the advertisement
If the contract was sent to the European Commission for
publishing. The Internet address where the specifications
is available should be listed in the ad. Law (2010:571).
Extension of time limits
section 7 are not provided full specifications and
additional information, although requested in good time, this
within the time limits provided for in paragraphs 9 and 12, 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.
Shortened deadlines due to lack of time in some cases
section 8 where, in restricted procedures or in the case of negotiated
procedure with prior advertising, due to lack of time
It is not possible to apply the time limits contained in this
Chapter, a contracting authority may specify that the time limit for
to submit requests, as from the date on which the
the ad contract notice was sent for publication, shall be
at least 15 days or, if the ad was sent by electronic
medium, at least 10 days.
Subject to time constraints, a contracting authority
specify that the time limit for entering of tenders in restricted
procedure shall be at least 10 days from the date of the invitation
the tender was submitted.
Provision of tender documents in open procedure
section 9 where a contracting authority in open procedure
According to section 6 provides unrestricted and full direct access by
electronic means to all the 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 authority 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, to negotiate or to conduct
dialogue
Written invitation to submit a tender, to negotiate or
dialogue in restricted and negotiated procedures
or competitive dialogue
section 10 in restricted procedures, competitive dialogue procedures and
negotiated procedure with prior advertising, a
General address of the contracting authority at the same time send a
written invitation to all selected candidates to
to submit tenders, to engage in dialogue or to negotiate.
An invitation will contain specifications or, in the
where appropriate, the descriptive document. If
the specifications or the descriptive document is
directly accessible by electronic means, it is
enough that the invitation contains an indication of where
the surface is available.
The invitation shall include at least an indication of
1. the time limit for requesting additional documents, if
It's current, as well as the amount and terms of payment, whether it should
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
written, or, in the case of a competitive dialogue, the date
and place for the beginning of the dialogue, and if the language or languages
to be used,
3. a reference to the advertisement of procurement,
4. What are the documents to be attached,
5. the relative weighting of criteria for the award of
contract or the order of precedence, if these
information not shown in the ad for competition, it
descriptive document or of the specifications, and
6. any other information relevant to the procurement.
Law (2010:571).
If someone other than the contracting authority shall disclose
the specifications or the descriptive document
section 11 If someone other than the contracting authority, at the request
to disclose all or part of the specifications, the
descriptive document or the supporting documents,
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.
Law (2010:571).
The provision of additional documentation and
information in restricted and negotiated procedures and the
competitive dialogue
section 12 of the contracting authority, in restricted and
negotiated procedure and in the competitive dialogue leave
additional information on the specifications, the
descriptive document or the supporting documents not later
six days before the last day to submit tenders;
provided that such information has been requested in good time.
In the accelerated procedure according to section 8 of the second paragraph, this
time limit shall be four days. Law (2010:571).
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.
A contracting authority may determine that requests
and bids must be submitted in an electronic medium, or in any
otherwise.
The authority may allow requests to participate are made by telephone.
The authority shall, in an advertisement may specify how tenders
and in an ad or an inquiry indicate how
tenders may be submitted. Law (2010:571).
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 authorities may require that electronic tenders
shall be equipped with an advanced electronic signature
under the Act (2000:832) if qualified electronic
signatures.
A contracting authority 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 3, Chapter 11. 6, 7, 9, 11,
12 and 14-16 sections if they are not available in electronic
form.
Confirmation of application for tender
section 5, a contracting authority may require that requests for participation
made by fax must be confirmed by another
electronic means in accordance with the second subparagraph of paragraph 3, or by a
personally signed document is received by the authority
before the expiry of the time limit as the Authority specifies.
Have a request made by telephone, a confirmation
sent before the expiry of the application period.
The contracting authority shall specify, in the advertisement of procurement
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 authority examines
in 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
the authority shall participate. Tenders must be placed in a
list, which shall be authenticated by those participating in the
Ordinance. At the request of the Tenderer shall, in addition, a
by a Chamber of Commerce appointee attend. The costs of
This shall be paid by the person making the request.
Correction of errors, clarification and supplementation
section 8, a contracting authority 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.
Authority 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. The authority may
also request a supplier to clarify or supplement
documents submitted and referred to in Chapter 10 and 11.
Information for suppliers
Notification of decisions
§ 9 the contracting authorities 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
authority shall specify the period during which the contract under Chapter 16 of the.
§ 1 may not be concluded (Contracting locking).
A written notice shall be given as soon as possible to
candidates and tenderers even where a Contracting
authority decides to cancel a contract for which it
has expired, the invitation to tender and in decision making
If the contract. In the notification, the reasons for the decision
specified. Law (2011:1030).
Information on request of a supplier
section 10 a contracting authority must communicate to the candidate
or tenderer who so requests of the reasons disclose
to the supplier's application has been rejected or tender
been rejected.
A contracting authority shall at the request of the tenderer
who 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 authority shall specify, in the contract documents
Enter the amount of time that a tenderer shall be bound by its
tender. By open procedure shall be indicated in the advertisement if
procurement.
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.
Protocol
section 12 of the contracting authority shall, for each procurement
establish a protocol. shall state the reasons for
1. a tender which is considered to be abnormally low rejected,
2. a contract or framework agreement is not assigned to a vendor,
and
3. negotiated procedure according to the provisions of Chapter 4. 2-8 sections
applied.
The contracting authority is obliged to
the request send Protocol, or the main features of
it to the Commission.
The Government announces the details of what a protocol
should contain. Law (2010:571).
Retention of documents
13 § When a procurement has been completed, a Contracting
authority which is not subject to the Archives Act (1990:782) on
secure store requests to participate and tenders with
their descriptions, models and drawings, and
tender lists, summaries, protocols and the like.
The documents must be retained for at least four years from the date of
the contract was awarded.
10 Cape. The exclusion of suppliers
Circumstances shall entail the exclusion of suppliers
§ 1 a contracting authority to exclude a supplier from
to take part in a public contract, 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
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
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 (2011:1030).
Circumstances that may result in the exclusion of suppliers
2 § A supplier may be excluded from participation in a
procurement, if 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 authority 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 authority may, except in the cases referred to in paragraph 4, ask for a
vendor indicates that there is no basis for
exclude the supplier pursuant to the first subparagraph 1, 2, 3 or
5. team (2010:571).
Certificates and evidence regarding supplier
section 3 of the contracting authority, as evidence that the
is not a basis to exclude a supplier accept excerpts of
official register or other equivalent document when it
apply a ratio referred to in paragraph 1 or paragraph 2
1, 2 or 3 and a certificate from the competent authority as regards the
a relationship within the meaning of section 2 of the first paragraph 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 section 1 or section 2 of the first
paragraph 1-3, they can be replaced by an affidavit submitted on
honour or of a similar declaration.
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
in section 2, first paragraph, 1-5.
4 section when checking if a vendor has fulfilled its
obligations in respect of social security contributions or the payment of taxes in
Sweden pursuant to article 2 of the first subparagraph 5, the Contracting
authority to obtain information from the competent authority.
Law (2010:571).
11 kap. Verification of the suitability and choice of suppliers
participants, etc.
Introductory provisions
1 § Before contracts are awarded according to Chapter 12. shall the
contracting authority check the suitability of the
providers not excluded under 10 Cape. 1 and 2 sections.
section 2 contracting authorities may require a minimum level
for candidates and tenderers ' financial and technical
and professional capacity. These should be consistent with
the provisions of paragraphs 7 to 13. The extent of the information
referred to in paragraphs 7 to 13 and the lowest levels of the capacity
required for a specific contract must be related to
the subject-matter of the contract and be proportionate to this.
The demands on capacity imposed must be of your ad if
procurement. Law (2011:1030).
Limitation of the number of candidates in the contract award procedures
section 3 in restricted procedures, negotiated procedures with
previous advertising and competitive dialogue, the
Contracting authorities may limit the number of candidates
It will invite to tender, to negotiate with or
engage in dialogue with.
The contracting authority shall specify in the advertisement
1. What are the criteria or rules it will apply
in the selection of candidates, and
2. the minimum number of candidates who will be invited
and, if a maximum will be invited, this number.
Law (2010:571).
4 § the number of candidates invited to participate in a
in the case of a restricted procedure, negotiated procedure with
previous advertisement or a competitive dialogue
should be large enough that effective competition will
be achieved. The number of candidates who will be invited to attend
a restricted procedure shall be not less than five and at
negotiated procedure with prior advertising or at a
competitive dialogue not less than three. Law (2010:571).
section 5, a contracting authority must invite at least the number of
candidates as specified under paragraph 3, second subparagraph 2.
If the number of candidates which meet the specified in the ad
requirements and selection criteria (the qualified candidates),
is less than the minimum number specified in the ad that will
invited, the contracting authority may continue the
the procedure by inviting the qualified candidates
who has requested to participate.
Requirements for registration
section 6, the contracting authority may require that a
candidates and tenderers demonstrates that he or she is
registered in the companies or commercial register or
the corresponding register, which is kept in the country where the supplier's
business is established.
Instead of that specified in the first paragraph, a
candidates and tenderers shall make a declaration of honour
conscience or take other such action or show a
certificate.
In the context of procedures for the award of public service contracts
the contracting authority may require that a candidate
or tenderer demonstrates that he or she has a particular
permit or similar in their home country, if this is required to
provide the service in question.
Suppliers ' financial standing
Proof of the financial position
section 7 of the Evidence on a vendor's economic capacity can be
1. statement of the undertaking's overall turnover and, where
cases, turnover in the area covered by the contract
for the last three financial years available, or the shorter time
during the activities carried out,
2. balance sheets or extracts from them, or
3. certificate from banks or, where appropriate, evidence of
relevant professional risk indemnity insurance.
§ 8 the contracting authority shall specify, in the ad if
the contract notice or in the invitation to tender specifying what or
which of the paragraph 7 of the said documents and data to be
presented and which other documents shall be presented. A
balance sheets or extracts from it need only show up if the
It shall be published in accordance with the legislation of the country where
the supplier is established.
section 9 If a provider has a valid reason to not view
the documents and information the contracting authority
requests, the supplier to demonstrate its financial capacity to someone
any other document which the contracting authority considers appropriate.
Technical and professional capacity
section 10 if the contracting authority has made demands on a
Vendor technical and professional capacity shall
checked and assessed in accordance with paragraphs 11 and 12.
Evidence of technical capacity
section 11 of the contracting authority shall specify, in the ad if
the contract notice or in the invitation to tender specifying in which
or which of the ways specified in the second paragraph, as a
Vendor shall prove their technical capacity.
The technical capacity may be furnished only on one or more
of the following ways:
1. a list of completed works under the
the past five years, accompanied by certificates stating that the most important
the works carried out in a satisfactory manner with the
indication of value, the date and place of the works
and whether they were carried out according to the rules of the trade and
completed correctly,
2. a list of the principal deliveries or
services performed during the last three years, indicating
value and time and whether it has been private
or public beneficiaries,
3. the details of the technical personnel and the technical
bodies responsible for quality control or concerned on
otherwise, neither the direct vendor companies belong to
or not, and, in the case of works, information on the
technical personnel and the technical bodies which the contractor can
call in order to carry out the work;
4. a description of the supplier or
the service provider's technical equipment and of the methods
provider uses for ensuring quality and the
undertaking's study and research facilities;
5. in the case of complex products or services, or, if
There are special reasons, supplies or services intended for a
particular purpose, are made by a check to be carried out by the
Contracting Authority itself or on its behalf by a
competent body in the country of establishment of the supplier, provided that
This body gives its consent,
6. the data of the service provider's or contractor's
educational and professional qualifications or equivalent
information on the leading people in the company, particularly if the
or those responsible for providing the services
or managing the work;
7. in the case of works or services, through the
information on the environmental protection measures the vendor will
apply when the contract is fulfilled, if, having regard to what
the contract required such information,
8. an indication of the number of employees on average per year
the service provider or contractor and the number of employees
with management over the past three years,
9. a statement of the tools, plant and technical
equipment to the service provider or contractor
in order to perform the contract,
10. by an indication of the proportion of the contract which
the service provider may subcontract to
subcontractors, or
11. in the case of goods to be supplied, through the samples,
descriptions or photographs, the authenticity of which must be certified if
the contracting authority requests it, or by certificate
drawn up by official quality control institutions
or devices for such control of recognised competence and of
which it shall state that the goods are clearly identified
through the references comply with certain specifications or
standards.
If necessary, the competent authority shall send certificate
According to the second paragraph 1 directly to the Contracting
authority.
If a consignee referred to in the second subparagraph 2 is a Contracting
authority, the certificates issued or countersigned by the
authority is provided. If the recipient is not a Contracting
authority, shall be given a certificate from the purchaser or, if this is not
is possible, a statement from the supplier is left.
A check referred to in the second subparagraph 5 shall relate to one
hardware vendor manufacturing capacity or a
the technical capacity of the service provider and, if necessary,
the vendor's study and research facilities and
quality control measures.
Access to other companies ' capacity
section 12 of A supplier may, where appropriate and with regard to a particular
contracts rely on other companies ' economic, technical and
professional capacity. The supplier shall,
provide a commitment from the companies in question or on
Another way to show that the vendor will dispose of
the necessary resources when the contract is fulfilled.
Vendors ' professional skills
13 § when determining a vendor's ability to carry out a
supply contracts involving Assembly or
installation works, services or works,
particular attention shall be given to professionalism, efficiency,
experience and reliability.
Quality assurance standards
section 14 where contracting authorities require that the vendor displays
up a certificate issued by an independent body that
the supplier comply with certain quality assurance standards,
authority shall refer to quality assurance systems based on the
relevant European standards and the
quality assurance system is certified by bodies conforming to the
European standards for certification.
Authority shall approve equivalent certificates from other bodies
established in the EEA. They shall also accept other evidence of
equivalent quality assurance measures from
suppliers.
Standards for environmental management
section 15 where a contracting authority in the cases referred to in section 11
7 the second subparagraph requires getting access to one of the
independent body established a certificate that certifies that the
the supplier meets certain environmental management standards,
authority refer to the European Parliament and of the Council
Regulation (EC) No 1221/2009 of 25 november 2009 on the
voluntary participation by organisations in a community
eco-management and audit scheme (Emas) and if
repealing Regulation (EC) no 761/2001 and Commission
decision 2001/681/EC and 2006/193/EC or to
environmental management standards based on the relevant European
or international standards. Environmental management standards
to be certified by bodies conforming to the
Union law or international standards for
certification.
The authority shall accept attestations of equivalence from other bodies
established in the EEA. It shall also accept other evidence of
equivalent environmental management measures from suppliers.
Law (2011:696).
Official lists
section 16 If a provider is registered in an official list
of approved providers in a country in the EEA or holds
a certificate issued by a certification body that meets
European standards for certification, it may be assumed that
the provider meets the conditions and requirements set out in
1.10. section 1, section 2, first paragraph, 1-4 and 6, as well as in this
Chapter 6 § 7 paragraph 1 and paragraph 2, and 11
1, 3, 6, 8 and 9 when it comes to building contractors,
2. section 11 2-5 and 11 in the case of suppliers, or
3.11 § 2 and 4-10 in the case of service providers.
Limited control
section 17, a contracting authority may limit the control of the
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 they intend to award the contract
or 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 or on a
competitive dialogue, the information referred to in the first subparagraph
be requested and checked with regard to the candidates
which they intend to invite to submit a tender and
to negotiate. Law (2010:571).
12 Cape. Award of contracts
Alternative grounds for the award of contracts
§ 1 a contracting authority shall adopt either
1. the most economically advantageous tender for the
Contracting authorities, or
2. the tender contains the lowest price.
In determining which tender is the economically most
advantageous, the authority 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,
running costs, cost-effectiveness, quality, aesthetic,
functional and technical specifications, service and technical
aid.
The contracting authority shall specify, in the advertisement of procurement
or in the specifications, please specify the basis for
the award of the contract will apply.
The weighting of criteria
section 2 of the contracting authority should specify how such criteria
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, in the opinion of the contracting authority, it is not possible to
Enter 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
should be specified in the
1. the advertisement of procurement,
2. the specifications,
3. an invitation to tender or to participate in
negotiations, or in
4. the descriptive document.
Law (2010:571).
Abnormally low tenders
paragraph 3 a contracting authority may reject a tender if it
finds that the price is abnormally low. The tender may be rejected
only after the authority in writing requested an explanation for
the low bid and had not received 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 contracting authority shall give tenderers the opportunity
to comment on the Authority's reasons for rejecting the offer
having regard to the declarations.
paragraph 4 where a contracting authority establishes that a tender is
abnormally low because the Tenderer has obtained State
support, the authority may request a declaration by the tenderer.
Can the tenderer not after such a request within a
reasonable time specified by the contracting authority
show that it is a compatible aid of the TFEU,
the tender may be rejected.
A contracting authority that rejects a tender in accordance with the
the first subparagraph shall inform the European Commission about it.
Law (2010:571).
Chapter 13. Public works concessions
Scope
§ 1 subject of Chapter 1. applied
the provisions of this chapter for the procurement of a
public works concession, if the contract has a value equal to
at least the amount (threshold) that the European Commission
at each time has decided or left the message. The value
shall be calculated in accordance with the rules applicable to public works contracts
According to Chapter 3. 3-5, 7, and 8 sections.
The Government announced in Svensk författningssamling
thresholds expressed in euro and Swedish krona. Law (2010:571).
Advertising
section 2 contracting authorities to advertise procurement of
public works concessions.
Deadlines for application to be assigned to a public works concession
section 3 of the deadline to submit applications for
awarded to a public works concession shall be not less than 52 days from the
date of advertisement of procurement was sent for publication.
Time limits may be shortened in accordance with Chapter 8. § 5, and extended
in accordance with Chapter 8. 7 §.
During construction
section 4 of the contracting authorities shall specify in the contract documents
as conditions
1. the applicant for a licence shall be assigned
spend at least 30 per cent of the contract value to third parties, with
the opportunity for candidates to increase this percentage, or
2. that the applicants indicate in their tenders the share of the
the total value of the concession which they intend to subcontract to third
man.
The smallest share of concession value which shall be posted on
third parties under the first subparagraph shall be indicated in
the concession agreement.
Concession holders ' obligations
Advertising
§ 5 If the person who is assigned to a public works concession is not a
General address of the contracting authority, should the contract contain terms about
the concession holder, if he intends to assign to third parties
a works contract, amounting to the value
(threshold) that the European Commission may at any time have
resolved or left the message, should advertise such
competition deadlines in accordance with the second and third
paragraphs.
The advertisement shall be made as prescribed in Chapter 7. § 1.
Advertising is not required in cases where a Contracting
authority pursuant to Chapter 4. 5 or section 8 has a use
negotiated procedure without prior announcement.
Deadlines to submit requests to participate and tenders
shall be provided in accordance with Chapter 8. section 3. Time limits may be shortened according to
Chapter 8. 5 and 6 sections and may be extended in accordance with Chapter 8. 7 §.
The Government announced in Svensk författningssamling
thresholds expressed in euro and Swedish krona. Law (2010:571).
Companies join forces and affiliated companies
section 6, If more companies join forces to obtain a
public works concession, not any of them are considered as third parties.
The same applies to an affiliated company.
A comprehensive list of companies referred to in the first
subparagraph shall be attached to the application that is assigned to a
public works concession.
Chapter 14. 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, about the contest
1. hosted by a central government agency,
2. (a)), organized by another contracting authority, or
2. b) organized by all the contracting authorities, and refers to the
such research and development services
category 8 of annex 2 (A), telecommunication services
in category 5 of the annex, whose positions in the CPV nomenclature
equivalent to reference Nos CPC 7524, 7525 and 7526, or such
services listed in annex III (B).
The Government announced in Svensk författningssamling
thresholds expressed in euro and Swedish krona. Law (2010:571).
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 authority shall specify
criteria for the selection of participants.
The number of participants who are invited shall be sufficient to
effective competition is achieved.
Advertising
section 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.
The jury and its composition
section 7 a jury shall designate the winning design 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
section 8 of 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.
§ 9 the jury shall submit a members signed the Protocol
in which the entries are ranked. The minutes shall
include a justification for the ranking and on the comments
and clarification that there may be a need to do.
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.
Service contract follows a design contest
section 10 Of Chapter 4. section 9 States that negotiated procedure without
previous advertising may be used for contests in
some cases.
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
section 2 of the procurement under this chapter shall be applied
even
-Chapter 1. (badge of content and scope and the General
provisions),
-Chapter 2. (definitions),
-Chapter 4 section 22 (central purchasing bodies),
-Chapter 5. (framework agreements), except in the case of Chapter 5. section 5 regarding
the requirement of at least three suppliers for such framework agreements
subject to Chapter 5. section 6,
-Chapter 6. section 4 (information concerning the origin, manufacture, etc.),
-Chapter 6. section 7 (eco-labels),
-Chapter 6. section 13 (special conditions for performance of contracts),
-Chapter 8. section 11 (if someone other than the contracting authority
to disclose the specifications or the descriptive
document),
-Chapter 11. section 6 (registration),
-Chapter 13. (works),
-16 Cape. (Contracting locking, justice and reparation),
-Chapter 17. (procurement injury fee), and
-Chapter 18. (supervision).
Furthermore, the rules apply to the competitive dialogue procedure
Chapter 4. Article 1, third paragraph and paragraphs 10 to 21, Chapter 8. paragraph 3 of the first
paragraph, 5, 10 and 12 sections and Chapter 11. 3 and 4 sections.
For the award of public contracts which have as their object services listed in annex
3 (B) also apply to Chapter 6. 1-3, 5, 6, and 8 sections, when
the value of the contract is not less than the applicable threshold
in Chapter 3.
A contracting authority may publish adverts on
tenders in the manner applicable to procurements under
Chapter 7. Law (2011:1030).
Procurement procedures
section 3 of the public procurement procedures under this chapter shall be made
through the simplified procedure or selection procedure.
Direct agreement contract may be used if the value of the contract
amount to a maximum of 28% of the threshold referred to in
Chapter 3. section 1 item 2 of the first paragraph and the second paragraph. In addition,
direct procurement be used as appropriate in the cases
the conditions of the negotiated procedure without prior
the advertisement referred to in Chapter 4. 5 – 9 §§ is fulfilled or if
There are serious reasons. The contracting authority shall
adopt guidelines for use of direct procurement.
Competitive dialogue may, in accordance with paragraph 2, may be used if
No simplified procedure or selection procedure allows
the award of the contract. Law (2014:474).
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 authority shall take into account
direct procurement of the same kind made by the authority under
fiscal year. Law (2010:571).
Advertising
4 § at the summary procedure, the contracting authority
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, the contracting authority
publish your applications through an ad in a
electronic database, which is publicly available. Authority
get in their invitation, enter the number of vendors as it relates to
to invite. The number should be determined having regard to the nature of
It is to be procured and be large enough to
effective competition to be achieved. Law (2010:571).
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 Authority.
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 (2010:571).
Advertising on ex ante transparency notice
5 a of the contracting authorities 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 (2010:571).
section 6 of the repealed law (2010:571).
7 repealed by law (2010:571).
Means of communication in public procurement
§ 8 the provisions of Chapter 9. 1-6 sections and section 7, first paragraph
apply for requests to participate and tenders for public
contracts 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 (2010:571).
section 10 of the contracting authority, by 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 (2011:1030).
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 authority shall
Delta. Tenders must be placed in a list, which shall
be authenticated by those participating in the ceremony. 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
section 12 of a contracting authority 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 Agency may request that an application or a tender
clarified or complemented if it can be done without risk of
discrimination or restriction of competition.
Control and exclusion of providers
paragraph 13 of The candidates or tenderers shall be excluded 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 authority by the supplier requests
information on the conditions referred to in the first and second
subparagraphs shall in the specifications, the ad or
the letter indicate in what way the vendor can provide
the disclosures.
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. 2 paragraph 5, the
contracting authority to obtain this information from
competent authority. Law (2010:571). Law (2010:571).
Limited control
section 13 (b) a contracting authority may limit the control of the
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 tenderer that they intend to invite to
hearing or, if no hearing takes place, the
bidders that they intend 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 or a competitive dialogue
to the data referred to in the first subparagraph shall be requested and
checked with regard to the candidates as the authority
intends to invite to submit a tender or to negotiate.
Law (2010:571).
14 repealed by law (2010:571).
The examination of requests to participate and tenders
section 15 a contracting authority must examine all the
requests to participate and tenders which have come in at the right time, if
subject to section 13. Law (2010:571).
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 (2010:571).
Alternative grounds for the award of contracts
section 16 of the contracting authority shall adopt either
1. the most economically advantageous tender for the
Contracting authorities, 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 contracting authority shall 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 authority may reject a tender if it
finds that the price is abnormally low. The tender may be rejected
only after the authority in writing requested an explanation for
the low bid and had not received satisfactory answers.
Law (2010:571).
Documentation, notification, and storage of documents
18 § a contracting authority shall record the reasons for their
decisions and other relevant to the contract if the
the procurement value exceeds 100 000 SEK.
Law (2014:474).
19 § at the summary procedure and selection procedure shall
Contracting authorities 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 contracting authority shall, when
decision on the supplier and tender, inform the
tenderers of the 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 (2011:1030).
section 20 When a procurement has been completed, a Contracting
authority which is not subject to the Archives Act (1990:782) on
safety keep the tenders and requests to participate with
their descriptions, models and drawings, and
tender lists, summaries, protocols 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
by 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 48 days after
the contract assigned to notify the European Commission
If the law (2010:571).
Exception for procurement involving national security, etc.
22 repealed by law (2011:1030).
Design contests
section 23 of the Regulations in chapter 14. Article 1, first paragraph, (4) and 6-9 sections
also applies to design contests which fall below the threshold
in chapter 14. section 2, if the competition's value is less than or equal to it in paragraph 3 of the
the value specified in the second paragraph.
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 (2010:571).
16. The contractual locking, justice and reparations
The contractual locking
General provisions on contracting locking
§ 1 where a contracting authority is obliged 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 authority may not
contract (contract barrier) until ten days have passed from the
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 authority in the notice specify a
longer contract barrier than the prescribed minimum period, contracts
not be concluded until after the expiration of the specified period.
Law (2011:1030).
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. 5-9 sections,
2. for the award of contracts due to framework agreements under
Chapter 5. section 7, or
3. in the case of direct agreement contract which involves 15 Cape. paragraph 3 of the second paragraph.
Law (2011:1030).
The contractual locking at the ex ante transparency notice
In paragraph 3 of ex ante transparency notice under Chapter 7. section 4 or 15 Cape. 5 a §
the contracting authority may not enter into a contract until ten
days have passed from the time the ad ex ante transparency
been published. Law (2011:1030).
Review
General provisions on justice
section 4, on application by a supplier who believe they have suffered or
able to suffer damage, general administrative courts
review
1. a procurement, and
2. the validity of a contract concluded between a
General address of the contracting authority and the supplier. Law (2011:1030).
Competent court
section 5 an application for a review shall be made of the
administrative law in whose area of jurisdiction the contracting authority
has his habitual residence.
Leave to appeal is required for an appeal to the administrative court.
Law (2011:1030).
Review of a procurement
section 6, if the contracting authority has violated the
basic principles in Chapter 1. section 9 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 shall be made on or that it may be closed first
Since the correction has been made.
Review of a procurement may not take place after the conclusion of the agreement
concluded between a contracting authority and a
supplier. Law (2011:1030).
section 7 if the contracting authority during the ongoing review
of a procurement 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 (2011:1030).
Extended contract barring
section 8 on an application for judicial review of an award has been made,
continuing contract barring according to § 1 or 3 to apply for
the processing of administrative law (extended contract barring).
The Court may decide that any extended contract barrier should not be
apply. Law (2011:1030).
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 right to decide that the contracting authority 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 (2011:1030).
Period of 10 days
section 10 When an extended agreement barring applied under section 8, the
Contracting authorities shall not enter into the contract until 10 days have
gone 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 (2011:1030).
Time limits for the application for review of a procurement
section 11 of the application for review of a procurement should have come
submitted to the administrative court before the end of such
the contractual locking referred to in paragraph 1 or 3. Law (2011:1030).
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 it to the contracting authority with the
an electronic medium has sent a notification of
decision and stated 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 (2010:571).
Review of the validity of a contractual
13 § Right to decide that a contract concluded between a
General address of the contracting authority and the supplier is invalid, if
the agreement has been concluded
1. without prior advertisement according to Chapter 7. § 1 or 2,
Chapter 13. 2 or section 5, chapter 14. section 5 or 15. paragraph 4, or
2. in accordance with a procedure in Chapter 5. section 7 without the conditions have
followed as indicated by the section or of the framework agreement
the new tender procedure and this has
meant that the supplier has suffered or may suffer
damage.
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 9 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 (2011:1030).
section 14 If there is an overriding reason relating to the public interest,
the right to decide that the agreement may be made up even though
conditions for invalidity under section 13 are met.
Law (2011:1030).
section 15 of the provisions on the nullity of section 13 shall not apply
1. the contracts concluded by a contracting authority with
support of the framework agreement in accordance with Chapter 5. section 7, if the Contracting
the agency sent a notice of award decision
According to Chapter 9. paragraph 9, as well as to comply with a contract barring
According to § 1, or
2. where a contracting authority through ex ante transparency according to
Chapter 7. section 4 or 15 Cape. 5 a § has announced its intention to
procure and comply with contractual retainer at the ex ante transparency notice
According to section 3. Law (2011:1030).
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 (2011:1030).
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 under 7
Cape. section 3 or a notification under Chapter 15. section 21, or
2. the contracting authority 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 (2011:1030).
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 (2011:1030).
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 (2011:1030).
Damages
20 § A contracting authority which has failed to comply with
the provisions of this law shall replace thereby resulting
injury to a vendor.
The right to reparation includes compensation to a
candidates or tenderers who have participated in a
public contracts and who have had costs in order to
prepare bids and otherwise participate in the tender, if
infringement of the provisions of this law have a detrimental
affected his or her ability to be assigned
the contract. Law (2010:571).
paragraph 21 of the claim for damages shall be brought before the Court within a
years from the date on which agreements have been concluded between the
Contracting Authority and the 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 (2011:1030).
Chapter 17. Procurement claims fee
General provisions on procurement damage fee
section 1 of the General Administrative Court may decide that a Contracting
authority shall pay a special fee
(procurement injury charge) 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 Chapter 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 authority has signed an agreement with a supplier without
previous advertising according to Chapter 7. 1 or section 2, chapter 13. 2
or section 5, chapter 14. section 5 or 15. 4 or 6.
Law (2011:1030).
section 2 of the supervisory authority shall in general administrative courts
apply for a contracting authority to 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 a contracting authority shall pay the
the procurement cost of injury in the case referred to in paragraph 1 of the 3.
Law (2010:571).
Competent court
section 3 of the application for a contracting authority to pay
procurement claims fee should be made in the administrative law in
the area where the contracting authority has its habitual residence.
Leave to appeal is required for an appeal to the administrative court.
Law (2010:571).
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. 3 and
4 sections, or 15. 3 a §. Law (2010:571).
§ 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 (2010:571).
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 (2010:571).
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 proceedings has become final
force. The application shall be submitted to the administrative court within
six months from the date on which all decisions in relation to
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 (2011:1030).
Payment of fee, etc.
8 § Procurement impeding to the State.
Law (2010:571).
§ 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 (2010:571).
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 (2010:571).
Chapter 18. Supervision
General provisions on supervision
1 § Government Announces rules on which authority
exercises supervision over public procurement under this
team. Law (2010:571).
2 section at its oversight, the authority may obtain all necessary
information of their supervisory activities from Contracting
authorities or the likely to be Contracting
authority. This information is primarily collected through
written procedure. If because of the material's range,
urgency or any other relative is more appropriate,
the information obtained through the visit to the Contracting
authority. Law (2010:571).
section 3 of the contracting authority 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 (2010:571).
Injunction
paragraph 4 If it is necessary for the supervisory authority to exercise
their supervision according to this law, the Agency may impose a
General address of the contracting authority or the like can be assumed to be a
contracting authority to provide information, to view a
Act 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 (2010:571).
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 (2010:571).
Transitional provisions
2007:1091
1. this law shall enter into force on 1 January 2008.
2. The provisions of the Act (1992:1528) on public procurement
shall apply to contracts which have commenced before
the entry into force.
2010:569
This law shall enter into force on July 15, 2010 and shall apply
even in cases where agreements have been concluded before the entry into force.
2010:570
This law shall enter into force on 1 January 2013.
Law (2012:391).
2010:571
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.
2011:1030
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.
2012:392
This law shall enter into force on the 1 January 2013 and shall apply
even in cases where agreements have been concluded before the entry into force.
2014:474
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 (2011:1030).
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
authority of its own activities, in
provided that these services are fully financed
by the contracting authority
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 (2011:1030).
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 made by broadcasting
Broadcasters and contracts for broadcasting time
27 other services
Law (2011:1030).
Annex 4
Definition of certain technical specifications
Of the Act for the purposes of this
specified.
1. (a)) technical specifications: in the case of
works contract, all technical regulations, which
among other things, shall be included in the general specifications, with
an indication of the characteristics required of a material, a
product or an article for the material, product or supply
shall be described in such a way that it is suitable
for the contracting authority's planned use. These
characteristics shall include levels of environmental performance, design
for all uses (including accessibility for
disabled persons) and conformity assessment,
performance, safety and dimensions, as well as procedures for the assessment
of quality assurance, terminology, symbols, testing and
test methods, packaging and labelling and
production processes and methods. They shall also include
provisions relating to the design and cost, testing and
control rules, conditions of work shall be adopted,
the technology or the methods of construction, as well as all
other technical conditions which the contracting authority in accordance with
the law may specify in respect of the completed
the works and if the materials or parts which they involve.
b) ' technical specification ': in the case of service or
supply contracts, a specification in a document with an indication of the
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 processes
and-the methods and procedures for the assessment of
conformity.
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
for the general public.
-European standard: a standard adopted by a
European standardisation body and made available to the
members of the public.
-National standard: a standard adopted by a
national standardisation body and made available to the
members of the public.
3. "European technical approval" means a favourable technical
assessment of a product's fitness for use for a
particular purpose, based on fulfilment of the essential requirements of
the works are fulfilled by the constitutive
properties, together with the conditions laid down for
the use and exploitation. A European technical
approval shall be issued by an agency for approval for
this purpose designated by the Member State.
4. common technical specification: a technical specification
has been drawn up in accordance with a procedure recognised by the
the Member States and published in the European
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.
