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Law (2007:1091) On Public Procurement

Original Language Title: Lag (2007:1091) om offentlig upphandling

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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.