Chapter 1. The law's content, scope and definitions



The law's content



§ 1 the content of this law are divided as follows:



Chapter 1. – The law's content, scope and definitions



Chapter 2. – Activities falling within the scope of the law and mixed contracts



Chapter 3. – Exemption from the Act's scope of application



Chapter 4. — General provisions



Chapter 5. -Thresholds



Chapter 6. -Tendering procedures



Chapter 7. – Framework agreements, central purchasing bodies and other coordinated procurement



Chapter 8. – Electronic methods of procurement



Chapter 9. – Technical requirements



10 Cape. – Advertising contracts and invitations to tender



11 kap. – Time-limits for requests to participate and tenders



12 Cape. – Communication, information to vendors and documentation



Chapter 13. — Exclusion of providers



Chapter 14. – Qualification



15. – The evaluation of tenders and award of contracts



16. -Performance of the contract



Chapter 17. – Contests



Chapter 18. – Tenders comprising products originating in third countries



19. – Procurement below the thresholds and the procurement of services within the meaning of annex 2



20 chapter. – Contracting locking, justice and reparations



21. – Procurement damage fee



22. – Supervision Of the law include the following attachments:



Annex 1 – list of works contracts



Annex 2 – list of social services and other special services



Appendix 3 – Definitions of certain technical specifications



Contracts in the utilities sectors



section 2 of this Act apply to procurement undertaken by a contracting entity for the activity in the water, energy, transport or postal services according to Chapter 2. 1-8 sections (procurement in the utilities). With the procurement referred to the measures taken in order to procure supplies, services or works by the award of the contract.



The law also applies when a contracting authority is organizing a design contest. What is meant by "design contests listed in Chapter 1. section 18.



Other laws on procurement



paragraph 3 of the rules on procurement are also available in the law (2016:1145) on public procurement law (2016:1147) on the award of concessions and the law (2011:1029) on procurement in the field of defence and security.



Thresholds



section 4 If the calculated value of a procurement procedure or a design contest is equal to or exceeds the threshold laid down in Chapter 5. section 1 and the procurement or the contest does not relate to a service of a kind specified in annex II, it shall be carried out in application of this law except the 19 Cape.



If the calculated value of a procurement procedure or a design contest is below the threshold or if the contract or the design contest relating to a service of a kind specified in annex 2, should it be carried out pursuant to chapter 19.



Procurement of research and development services



section 5 of this Act apply to the procurement of research and development services that are covered by the CPV codes 73000000-2 to 73120000-9, 73300000-5, 73420000-2 or 73430000-5, if the



1. the results of the contracting entity solely in its own operations, and 2. the service provided is paid entirely by the contracting entity.



Where are the definitions and explanations?



section 6 of this chapter provides definitions of terms used in the Act. In annex 3 provides definitions of certain technical specifications.



There are also definitions and explanations in other chapters. Provisions concerning the importance of the following concepts, terms and expressions, see the following sections:



Invitation to tender for 10 Cape. 1 §



Affiliated companies in Chapter 3. § 19



CPV nomenclature in Chapter 4. section 17



Mixed contracts in Chapter 2. § 9



Divisible and indivisible mixed contracts in Chapter 2. section 11 of the



Direct procurement in 19 Cape. 4 §



Dynamic purchasing system "in Chapter 8. 1 §



Electronic auction in Chapter 8. section 15



Electronic catalogue in Chapter 8. section 28 of the



Simplified procedure in chapter 19. paragraph 5 of the



Procedure for the establishment of innovation partnerships in Chapter 6.

23 and 24 sections



Negotiated procedure with prior announcement in Chapter 6. 4

§



Negotiated procedure without prior announcement in Chapter 6.

5 – 12 §§



Internal procurement in Chapter 3. 11 – 16 §§



Competitive dialogue in Chapter 6. 13 and 14 sections



Media service provider in Chapter 3. section 26



Labelling in Chapter 9. section 13



Postal service in Chapter 2. 6 §



Restricted procedure in Chapter 6. paragraph 3 of the



Selection procedure in chapter 19. 6 §



The open procedure in Chapter 6. section 2 of the



Definitions



section 7 Of the candidates referred to a person who has applied to or been invited to participate in the 1. a restricted procedure,



2. a negotiated procedure with prior advertising,



3. a negotiated procedure without prior advertising,



4. a competitive dialogue,



5. a procedure for the establishment of innovation partnerships, or



6. selection procedure



section 8 With works contract "means a contract 1. relating to the execution, or both the design and execution of work is attributable to an activity listed in annex I,



2. refers to the execution, or both the design and execution of a building, or



3. means that a building is realized, in accordance with the requirements set up by contracting entities which exercise decisive influence over the nature of the works or of the projection.



section 9 With the construction works referred to the overall performance of works that is sufficient of itself to fulfil an economic or technical function.



section 10 Of directive 25/EU referred to European Parliament and Council Directive 25/EU of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services and repealing Directive 2004/17/EC, in the original wording.



11 § With electronic means shall mean electronic equipment for the processing and storage of data which is sent, transmitted or received via cable or radio waves, or on optical or other electromagnetic means.



section 12 of the exclusive right referred to a 1. granted under the law or regulation, 2. restricts the right to pursue an activity as described in Chapter 2. 1-8 sections into a single company, and 3. significantly affect other business opportunities to engage in the same type of business.



A right does not constitute an exclusive right within the meaning of the first subparagraph if the granted by a procedure published in an appropriate manner and on the basis of objective criteria.



paragraph 13 of the "central purchasing body" is a contracting entity permanently provides centralized purchasing activities in the form of




1. the acquisition of goods or services intended for contracting entities, or



2. the award of the contract or the conclusion of framework contracts for goods, services or works that are intended for contracting entities.



Procurement carried out by a central purchasing body to enable it to carry out centralized purchasing activities are to be regarded as contracts in connection with the exercise of such an activity as described in Chapter 2. 1-8 sections.



section 14 with contract "means a written contract for pecuniary interest



1. concluded between one or more Contracting authorities and one or more suppliers, and



2. for the supply of goods, provision of services or the execution of works.



section 15 With supplier on the market "shall mean any person who provides goods or services, or perform works.



With the vendor provided also groups of suppliers.



16 § with lifecycle includes all stages, including research and development, as a product, service or a building undergoes from raw material acquisition or generation of resources for the disposal, decontamination and service or the end.



section 17 With publicly ruled "means a legal person that meet needs in the general interest, provided that the need is not of an industrial or commercial character, and



1. the majority of which are funded by the State, a municipality, a county or a contracting authority,



2. the activities under the control of the State, a municipality, a county or a contracting authority, or



3. the Board of directors or equivalent governing body for more than half of the members are appointed by the State, a municipality, a county or a contracting authority.



section 18 "design contests" means a competition that is open to all and which are organised by contracting entities for the purpose of acquiring a plan or design selected by a jury appointed to the winning design.



19 § with the framework agreement means an agreement between one or more Contracting authorities and one or more contractors in order to determine the terms of the contract, which was later to be awarded during a given period of time.



section 20 With special right "means a right that 1. granted under the law or regulation, 2. restricts the right to exercise the activities referred to in Chapter 2. 1-8 sections to two or more companies, and 3. significantly affect other business opportunities to engage in the same type of business.



A right is not a special right within the meaning of the first subparagraph if the granted by a procedure published in an appropriate manner and on the basis of objective criteria.



section 21 With service contract "means a contract for the provision of services other than those referred to in section 8.



section 22 Of the contracting entities referred to in this law and a contracting authority as referred to in section 23, on the one hand, such companies as



1. Contracting authorities may exercise a dominant influence over the way referred to in the second subparagraph, or



2. carries out activities falling under the scope of the law according to Chapter 2. 1-8 sections with the support of an exclusive right pursuant to section 12 or a special right under section 20.



A dominant influence within the meaning of the first subparagraph 1 shall be deemed to exist where a contracting authority, directly or indirectly, 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 number of members of the company's Board of directors or equivalent governing body.



section 23 With contracting authority "means a Government or municipal authority.



For the purposes of this law, with authority equivalent



1. the deliberative assembly of a municipality or a County Council, 2. publicly controlled bodies referred to in paragraph 17, and



3. Association of



a) an authority or authorities referred to in the first subparagraph or assemblies under 1, or



b) the body or bodies referred to in 2.



section 24 Of the procurement document "means any document as a contracting entity uses to describe or define the content of the contract.



section 25 with the supply contract "means a contract relating to the purchase, lease, rental or hire-purchase of goods. A supply contract, as a child elements include siting and installation operations.



Chapter 2. Activities covered by the law and mixed procurement activities covered by the Act



Gas, heat, electricity and drinking water



§ 1 an activity covered by this law, except in the cases referred to in paragraphs 2 and 3, if it consists of



1. the provision or operation of fixed public networks in connection with the production, transport or distribution of gas, heat, electricity or drinking water, or 2. the supply of gas, heat, electricity or drinking water to such networks as referred to in 1.



With delivery as referred to in the first subparagraph 2 of course the generation or production, wholesale and retail sales.



2 § If another contracting entity other than a contracting authority supplying gas or heat to a public network, shall not be regarded as such an activity referred to in section 1, if 1. the unit's production of gas or heat is an inevitable consequence of an activity other than any of those referred to 1, 4 or 5 sections,



2. supply to the public network only seeks to use this production economically, and 3. the supplies amount to no more than 20% of the entity's turnover having regard to the average for the last three years.



3 § If another contracting entity other than a contracting authority supplies electricity or potable water to a public network, shall not be regarded as such an activity referred to in paragraph 1, if the



1. the unit's production of electricity or drinking water is needed for an activity other than any of those referred to in paragraph 1, 4 or 5,



2. supply to the public network depends only on the entity's own consumption, and 3. the supplies amount to no more than 30% of the entity's total production of electricity and drinking water, calculated by the average for the last three years.



section 4 of this Act also applies to procurement carried out and contests which are organised by contracting entities carrying out activities relating to drinking water according to § 1, if the contract or contest related to 1. hydraulic engineering projects, irrigation or land drainage, and the volume of water used for the supply of drinking water represents more than 20% of the total volume of water made available by these projects or irrigation or drainage installations, or 2. disposal or treatment of sewage.




Transport service



§ 5 an activity covered by this law if it contains the provision or operation of networks for the purpose of providing service to the public in the form of transport by railway, automated systems, tramway, Metro, bus, trolley bus or cable car.



A public network of transport services shall be deemed to exist if the service is provided in accordance with the conditions laid down by a competent authority in respect of route, available transport capacity, frequency and similar conditions.



Mail service



section 6 of The activities covered by this law if it consists of the provision of postal services and services related to the postal service.



With postal service refers to the clearance, sorting, transport or delivery of postal items.



With postal item means an item addressed in the final form in which it should be delivered.



With service that is related to the postal service refers to the following provided by an entity which also provides postal services:



1. service that involves handling both before and after the dispatch of mail, and



2. services relating to unaddressed direct mail and other items not covered by the third subparagraph.



The provision of port or airport



section 7 of The activities covered by this law if it consists of the exploitation of a geographical area for the provision of airport, port or other terminal for shipments in the air or by sea or inland waterway.



The extraction of oil and gas, exploration or extraction of coal or other solid fuels



section 8 an activity covered by this law if it consists of the exploitation of a geographical area for the purpose of 1. extracting oil or gas, or



2. explore for or extract coal or other solid fuels.

Mixed contracts



section 9 With a mixed contract referred to



1. a contract that refers to several different types of procurement (goods, services or works) which are all governed by this law, or



2. a contract that covers the procurement covered by this law and, on the other hand, other procurement.



Contracts as referred to in the first subparagraph 1 is regulated in section 10. Contracts as referred to in the first subparagraph 2 is regulated in §§ 11-19.



Mixed contracts for various types of procurement that are all governed by this law



section 10 If a mixed contract refers to several different types of procurement that are all governed by this law, the procurement shall be carried out in accordance with the provisions of the kind that are the main subject-matter of the contract.



For a mixed contract having as its object both goods and services, the main subject-matter determined by the higher of the estimated values of the goods or services.



For a mixed contracts for services listed in annex II and other services, the main subject-matter determined by the higher of the estimated values for the services.



Mixed contracts, within one and the same activity, regulated in this law as well as of other provisions



Divisible and indivisible mixed contracts section 11 of A divisible mixed contracts within one and the same activity is a contract which includes parts that can be identified objectively. Such contracts are dealt with in paragraphs 12 to 18.



An indivisible mixed contracts within the same activity is a contract which includes parts that cannot be distinguished objectively. Such contracts are treated in section 19.



Allocation of divisible mixed contracts



section 12 If a divisible mixed contract covers both contracts governed by this law and the procurement which is not regulated in this law, the contracting authority may award separate contracts for the various components. The device may also award a single contract.



The award of a divisible mixed contracts that individual contracts section 13 If the contracting entity awards a divisible mixed contracts as separate contracts, the rules that apply to each separate contract shall apply to the contract.



The award of a divisible mixed contracts as a single contract



section 14 If the contracting entity awards a divisible mixed contracts as a single contract, the law applicable to the contract, subject to sections 15 to 18.



The award of a divisible mixed contracts as a single contract when it included concessions



section 15 If the contracting entity awards a divisible mixed contracts as a single contract and the contract covers the procurement of goods, services or works which are governed by that law and, on the other hand, procurement is regulated in the Act (2016:1147) on the award of concessions, the contract is awarded pursuant to 1. the provisions on procurement above the thresholds laid down in this Act, if the value of the part of the contract which is governed by the Act is estimated to be at least the threshold shall be applied in accordance with Chapter 1. paragraph 4, and Chapter 5. paragraph 1, or



2. the provisions of chapter 19. in this Act, if the value of the part of the contract which is regulated in the law is expected to be below the threshold to be applied in accordance with Chapter 1. paragraph 4, and Chapter 5. section 1 and the value of the part relating to the concession is expected to be below the threshold to be applied according to the law on the award of concessions.



The award of a divisible mixed contracts as a single contract when it included defence or security aspects



section 16 If the contracting entity awards a divisible mixed contracts as a single contract, the contract is awarded without the application of this Act if the contract for the part covered by article 346 of the Treaty on the functioning of the European Union (TFEU). This also applies if the contract also refers to contracts that are regulated in the Act (2011:1029) on procurement in the field of defence and security.



section 17 If the contracting entity awards a divisible mixed contracts as a single contract and the part relating to contracts governed by law (2011:1029) on procurement in the field of defence and security, the unit may choose to award the contract pursuant to the provisions of either the law of contracts in the fields of defence and security or this law.



The first subparagraph shall be without prejudice to the provisions relating to thresholds and exemptions in the law of contracts in the fields of defence and security.



section 18 the provisions of §§ 16 and 17 apply only if the decision to award a single contract taken on objective grounds and not in order to avoid that the provisions on procurement above the thresholds of either this law or the law (2011:1029) on procurement in the field of defence and security will be applicable.



Allocation of indivisible mixed contracts




section 19 of the award of a contract shall be indivisible mixed the provisions applicable to the main subject matter of the contract shall apply.



If such a contract to a part within the scope of article 346 of the TFEU, the contracting authority may award the contract without the application of this law. If the contract instead to the part relating to contracts governed by law (2011:1029) on procurement in the field of defence and security, the unit may assign the contract pursuant to the provisions of either the law of contracts in the fields of defence and security or this law.



Contracts involving more than one activity



section 20 If a contract relates to more than one business, the contracting entity in accordance with the provisions of §§ 21-27 choose to award separate contracts for each activity or award a single contract.



section 21 of the contracting entity may not award separate contracts for each activity or award a single contract in order to avoid that the provisions on procurement above the threshold values in either the Law Act (2016:1145) on public procurement law (2016:1147) on the award of concessions or Act (2011:1029) on procurement in the field of defence and security will be applicable.



The award of separate contracts for various activities



section 22 Of the contracting authority, assign separate contracts, for each contract, apply the provisions applicable to the contract.



Awarding a single contract relating to several activities



section 23 where a contract relates to more than one activity and the contracting authority, assign the contract to a single contract, apply the rules applicable to the activity for which the contract is principally concerned.



If any part of the contract relating to the activities covered by article 346 of the TFEU or regulated in the Act (2011:1029) on procurement in the defense and security area, shall be 25-26 § § apply.



section 24, unless it is objectively possible to determine which activity the contract mainly concerning the following shall apply:



1. If any part of the contract relating to the activity and that activity is regulated in the Act (2016:1145) on government procurement, the contract is awarded in accordance with the provisions of the Act.



2. If the contract to any part related to activity and that activity is regulated in the Act (2016:1147) on the award of concessions, the contract shall be awarded in accordance with the provisions of this law.



3. If the contract to any part related activities governed by this Act and the other activities are not regulated by this law, the law on public procurement or the law on the award of concessions, the contract shall be awarded in accordance with the provisions of this law.



Awarding a single contract when it included defence or security aspects



section 25 where a contract relates to several activities and assigned as a single contract, the contracting authority may award the contract without the application of this law, if one of the activities within the scope of article 346 of the TFEU. This also applies if the contract also contains parts that are regulated in the Act (2011:1029) on procurement in the field of defence and security.



section 26 If a contract relates to several activities and assigned as a single contract, the contracting entity, if the contract for the part relating to activities that are regulated in the Act (2011:1029) on procurement in the field of defence and security, choose to award the contract pursuant to the provisions of either the law of contracts in the fields of defence and security or this law.



The first subparagraph shall be without prejudice to the provisions relating to thresholds and exemptions in the law of contracts in the fields of defence and security.



section 27 the provisions of §§ 25 and 26 only apply if the decision to award a single contract to be made on an objective basis.



Chapter 3. Exemptions from the scope



Procurement relating to defence or security.



section 1 of this Act do not apply to a procurement procedure or a design contest



1. subject to the Act (2011:1029) on procurement in the field of defence and security, or



2. is exempt pursuant to Chapter 1. 7, 8, 9 or 10 of the Act on contracts in the field of defence and security.



2 § Although a procurement procedure or a design contest is not exempt under section 1 of this Act shall not apply to the procurement or the contest, if



1. protection of Sweden's essential security interests cannot be ensured if the contract or the contest is carried out in accordance with this Act, or



2. the application of this law would require that contracting entities providing information whose disclosure is contrary to Sweden's essential security interests.



section 3 of this Act does not apply when the contract and performance of the contract or the contest is covered by privacy or related to Sweden's essential interests, if necessary the protection cannot be ensured by a procurement or a design competition under this Act.



Resale or hire to third parties



section 4 of this Act does not apply to procurement made in resale or hire to third parties, if the contracting entity has no special right or the exclusive right to sell or lease the subject-matter of the contract and the other has the right to sell or lease it under the same conditions as the contracting entity.



A contracting entity shall be obliged to notify the European Commission, at the request of the categories of products and activities which it considers to be exempt under the first subparagraph.



The provisions of the first and second subparagraphs shall not apply to procurement carried out by a central purchasing body to enable it to carry out centralized purchasing activities.



Activities in a State outside the EEA



section 5 of this Act do not apply to a procurement procedure or a design contest is aimed at activities that are covered by the scope of the law according to Chapter 2. 1-8 sections shall be exercised in a State that is not part of the European economic area (EEA) without physical use of any networks or geographic area in an EEA State.



A contracting entity is obliged, at the request of the European Commission report the activities which it considers to be exempt under the first subparagraph.



Procurement under certain international rules



section 6 of this Act do not apply to a procurement procedure or a design contest relating to defence or security interests and as a contracting entity is obliged to implement in accordance with other provisions on procurement procedures, if provisions have been established




1. by means of an international agreement or arrangement concluded between any of the States in the European economic area (EEA) and any other State, or part thereof, for a project that is common to the Contracting Parties,



2. by means of an international agreement or arrangement relating to the stationing of military personnel and related to a State's obligations, or



3. an international organization.



section 7 of this Act do not apply to contracts or design contests which the contracting entities are required to implement in accordance with other provisions on procurement procedures, if provisions have been established



1. by means of a legal instrument which involves international legal obligations and which have been concluded between any of the States in the European economic area (EEA) and any other State, or part thereof, for a project that is common to the Contracting Parties, or



2. an international organization.



Procurement which is wholly or partly funded by an international organisation or international financing institutions



section 8 of this Act do not apply to contracts or design contests which the contracting entities carrying out according to the procurement rules established by an international organisation or international financial institutions when the contract or the contest entirely financed by the organization or institution.



If the contract or the contest for the most part, financed by an international organisation or international financial institutions, the Parties shall agree on the rules to be applied for the procedure.



Service contracts awarded on the basis of an exclusive right



section 9 of this Act does not apply to service contracts which contracting entities assigns a contracting authority which by law has the sole right to perform the service.



Procurement relating to water, energy or fuel in some cases



section 10 of this Act do not apply to a procurement carried out by the contracting entity concerning



1. acquisition of water, if the contracting entities carrying out an activity referred to in Chapter 2. section 1 relating to drinking water, or



2. the supply of energy or fuel for energy production, if the contracting entities carrying out an activity referred to in Chapter 2. section 1 relating to electricity, gas or heat or to operate as described in Chapter 2. section 8.



Internal procurement



section 11 of this Act does not apply where the contracting authority's counterpart is a legal person or a joint Board under the local Government Act (1991:900), if the procurement is an internal procurement pursuant to §§ 12-16.



section 12 of the contract shall be deemed to be an internal procurement, if

1. the contracting authority exercises control similar to that which the defendant authority exercises over its own departments, 2. counterparty renders more than 80 percent of its business, particularly under section 16, on behalf of the administration or other such legal persons or bodies referred to in section 11, and that authority exercises control over, and



3. There is no direct private ownership interest in counterparty.



A contracting authority shall be deemed to exercise such control as referred to in the first paragraph 1, if it has a decisive influence over the other party's strategic objectives and key decisions.

The control can also be exercised by another legal entity or joint Board under the local Government Act (1991:900) which itself is controlled in the same way by the authority.



section 13 a contract shall also be considered to be an internal procurement, if



1. the contracting authority with other contracting authorities exercise control over the other party similar to that which the authorities exercise over their own departments,



2. the defendant carries out more than 80 percent of its business, particularly under section 16, for the authorities or for other such legal persons or bodies referred to in section 11, and that the authorities exercise control over, and



3. There is no direct private ownership interest in counterparty.



Contracting authorities shall be deemed to exercise such control as referred to in the first subparagraph 1, about 1. the other party's decision-making body made up of representatives from all government agencies,



2. authorities together have a decisive influence over the other party's strategic objectives and key decisions, and



3. the defendant has no private interest that conflicts with the interests of the authorities.



section 14 of the contract shall be deemed to be an internal procurement, if

1. the contracting authority is under the control of the opposing party that represents the counterparty exercises over its own departments,



2. the authority carries out more than 80 percent of its business, particularly under section 16, of the controlling counterparty's account or for other such legal persons or bodies referred to in section 11, and that the controlling the counterparty exercises control over, and



3. There is no direct private ownership interest in counterparty.



A counterparty is deemed to exercise such control as referred to in the first paragraph 1, if it has a decisive influence on the contracting authority's strategic objectives and key decisions.

The control can also be exercised by another legal entity or joint Board under the local Government Act (1991:900) which itself is controlled in the same way by the counterparty.



section 15 of a contract shall be deemed to be an internal procurement, if



1. the contracting authority is under a control similar to that which the controlling person exercises over its own departments and the controlling person also exercise such control over the other party,



2. the authority carries out more than 80 percent of its business, particularly under section 16, of the controlling person's behalf or other such legal persons or bodies referred to in section 11, and that the controlling entity exercises control over, and



3. There is no direct private ownership interest in counterparty.



The controlling person to carry such a check referred to in the first subparagraph 1, if it has a decisive influence over the contracting authority and the other party's strategic objectives and key decisions. The control can also be exercised by another legal entity or joint Board under the local Government Act (1991:900) which itself is controlled by the controlling entity.



16 § the proportion of activity according to section 12 paragraph 2, 13, 2, 14 § 2 and 15, paragraph 2 shall be determined on the basis of the average turnover of goods, services and works during the three years preceding the assignment, or on the basis of any other appropriate


activity-based metrics based on the data in the same time period.



If the data is no longer relevant or are not available, the proportion of activity shall be determined on the basis of any other appropriate quantitative or qualitative operational dimensions.



Contracts between contracting authorities



section 17 of this Act do not apply to contracts between two or more Contracting authorities, if



1. the contract is aimed at establishing or regulating the forms of cooperation between authorities which shall ensure that the public services provided by the authorities to undertake in order to achieve the common objectives of the authorities, 2. cooperation is governed solely by considerations relating to the public interest, and



3. authorities in the open market exerts less than 20 per cent of the activity concerned by the cooperation.



18 § the proportion of activity under section 17 of the 3 should be determined on the basis of the total average turnover of the contracting authority for goods, services and works regarding the activities which have been the subject of collaboration during the three years preceding the assignment, or on the basis of any other appropriate measure based on activity-based data over the same time period.



If the data is no longer relevant or are not available, the proportion of activity shall be determined on the basis of any other appropriate quantitative or qualitative operational dimensions.



Affiliated companies and joint ventures



19 § With affiliated undertakings referred to



1. an undertaking over which the contracting entity has a controlling interest,



2. an undertaking which can exercise a dominant influence over an entity, and



3. a company together with a contracting entity is under the dominant influence of another undertaking as a result of ownership or financial participation or the rules of the company.



With related undertaking means all undertakings whose annual accounts are consolidated with the contracting entity in accordance with the requirements of Directive 2013/34/EC of 26 June 2013 on annual financial statements, consolidated financial statements and the reports of certain types of companies, amending European Parliament and Council Directive 2006/43/EC and repealing Council Directive 78/660/EEC and 83/349/EEC , in wording pursuant to Council directive 102/EU.



A controlling interest is deemed to exist if a contracting entity, directly or indirectly, in relation to a company, holds more than half of the shares in the company or control the majority of votes on the basis of ownership or equivalent, or can appoint more than half the number of members of the company's Board of directors or equivalent governing body.



20 § Under the conditions set out in section 21 of this Act does not apply for contracts 1. a contracting entity awards to an affiliated undertaking, or 2. a joint venture, formed exclusively by a number of contracting entities for the purpose of conducting activities which fall within the scope of the law's scope of application according to Chapter 2. 1-8 section, assign a related undertaking of any of these devices.



section 21 of the provisions of section 20 applies provided that delivery on the occasion of the allocation of goods, services or works contracts equal to at least 80% of the average turnover of the affiliated undertaking of goods, services and works for the preceding three years.



About a related company cannot show their turnover for the previous three years due to the timing of the company's establishment or operation's commencement, the company may by forecasts for business or otherwise make likely to the proportion of the turnover referred to in the first subparagraph will be achieved.



If more than one company which is affiliated with the contracting entity provides the same or similar works, goods or services, the share is calculated taking into account the total turnover deriving from the goods, services and works from these affiliated companies.



section 22 of this Act do not apply to a contract which



1. a joint venture, formed exclusively by contracting entities for the purpose of conducting activities which fall within the scope of the law's scope of application according to Chapter 2. 1-8 sections, assign one of these contracting entities, or 2. a contracting entity awards to such joint ventures as the device is included in the.



Exceptions apply if the joint venture has been formed to carry out the activity concerned over a period of at least three years, and if in the document provided for the formation of the company provides that contracting entities of which it consists will be part of it, for at least the same amount of time.



section 23 of the European Commission shall at the request of a contracting entity that awarded a contract under any of the exceptions in section 20 or 22 send information to the Commission on the



1. the names of the undertakings or joint ventures, and



2. the nature and value of the contracts concerned.



The adjudicating entity shall also provide the evidence which the Commission considers to be necessary to show that the relationship between the undertaking or joint venture and the contracting entity complies with the requirements of paragraphs 20 to 22.



Directly competitive business



section 24 of this Act do not apply if the activity is directly exposed to competition on markets with free access and determined according to the specific procedure set out in article 35 of Directive 25/EU.



A contracting entity may request the European Commission decides whether the conditions referred to in the first subparagraph are met for a particular activity.



Specific exemptions from the scope



Acquisition of property, etc.



section 25 of this Act do not apply to contracts relating to the purchase of property, tenancy law, rental law, housing law, long lease, easement or other right to the property.



With real estate here refers to it which, under the land code is or belongs to a property. The property also applies to existing building belonging to someone other than the owner of the Earth as well as those accessories to the building as described in Chapter 2. 2 and 3 of the land code, if they belong to the building's owner.



The field of broadcasting



section 26 of this Act do not apply to contracts relating to broadcasting time or programs in the field of broadcasting that is provided by a media service provider.



Media service provider has the same meaning as in the Broadcasting Act (2010:696).



Arbitration and conciliation mission




section 27 of this Act do not apply to the procurement arbitration or conciliation mission.



Some legal services



section 28 of this Act do not apply to contracts relating to the representation to a client by a lawyer (1) in an arbitration or conciliation process, 2. at a judicial proceeding before a Swedish court or by a Swedish authority, or



3. in the case of a national or international legal proceedings before a court, tribunal or by the authority or institution.



Exceptions also apply to the legal advice given by a lawyer in the face of such a procedure, or when there is a tangible indication of and is very likely to be the thing that advice applies will be subject to such a procedure.



section 29 of this Act do not apply to contracts relating to



1. services relating to certification and authentication of documents which must be provided by a notary public,



2. legal services provided by the legal guardian, trustee or guardian, 3. legal services provided by someone who is appointed by a court or who by law has the task to carry out specific assignments under the supervision of the Court, or



4. legal services connected with public authority.



Certain financial services



section 30 of this Act do not apply to contracts relating to 1. financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, 2. efforts undertaken together with the European financial stability facility and the European stability mechanism, or



3. loans, also in connection with the issue, sale, purchase or transfer of securities or other financial instruments.



Financial instruments have the same meaning as in the Act (2007:528) securities market.



Employment contracts



section 31 of this Act do not apply to contracts relating to employment.



Certain services in the fields of civil defence, civil protection and prevention of danger



section 32 of this Act do not apply to the procurement of services relating to civil defense, civil protection or prevention of danger, if the services



1. provided by non-profit organisations or associations, and 2. covered by the CPV codes 75250000-3, 75251000-0, 75251100-1, 75251110-4, 75251120-7, 75252000-7, 75222000-8, 98113100-9 or 85143000-3, except the patient transport ambulance services.



Some public transport services



§ 33 this Act does not apply to contracts for public passenger transport services by rail, Metro or on the water.

Law (2016:1210).



Chapter 4. General provisions



Principles of procurement



section 1 contracting entities shall treat suppliers equally and without discrimination and implement procurement in a transparent manner. Procurement should be conducted in accordance with the principles of mutual recognition and proportionality.



section 2 of The procurement must not be designed to exclude it from the scope of application of the law and may not be designed to restrict competition so that certain suppliers will benefit or disadvantage unduly.



paragraph 3 a contracting entity should take into account environmental considerations, social and labour law into account in procurement of the art justifies this.



The right to participate in a procurement



4 of a vendor, that according to regulations of the State in which the vendor's business is established has the right to deliver the service covered by the contract, shall not be excluded from participation in a procurement simply because of the requirement that the supplier must be a natural or a legal person.



In the case of service contracts, works contracts or such supply contracts also include services or siting and installation operations, legal persons may be required to get a tender or requests to disclose the names of the persons who are to perform the services and their qualifications.



§ 5, A group of vendors to participate in a procurement. A contracting entity may not place conditions on such a group should have a specific legal form in order to leave a request or an offer. The device may, however, request that such a group must have a specific legal form when it has been awarded the contract, if it is required for the contract to be fulfilled in a satisfactory manner.



The unit may enter in any of the procurement documents how a group of vendors must meet the eligibility requirements under Chapter 14. If it is justified by objective reasons.



The device shall set up specific conditions on how a group of suppliers to fulfill the contract if it is justified by objective reasons.



Limitation of the number of candidates may submit a tender 6 § the contracting entity in the restricted procedure, the negotiated procedure with prior advertising, competitive dialogue procedures and procedure for the establishment of innovation partnerships restrict the number of candidates may submit a bid by using criteria based on 1. the need to reduce to a level that can be considered reasonable with respect to the special conditions of the contract, and 2. the resources needed for its implementation.



When the contracting entity by virtue of the first paragraph restricts the number of candidates may submit tenders, should be such that effective competition can be achieved.



If a candidate or tenderer has participated in the preparations



section 7 If a candidate or tenderer has participated in the preparation of a tender, the other candidates or tenderers are informed of what information relevant to procurement that have been provided in that context.



A candidate or tenderer who has participated in the preparation of the tender may be excluded from the procedure only if there is no other way to ensure that the principle of equal treatment is respected. Before the candidates or tenderers shall be excluded from the procedure, they should have the opportunity to submit an account of their participation in the preparations may not lead to a distortion of competition.



Correction of errors, clarification and supplementation



section 8, a contracting entity may permit or require that a vendor to correct a clerical error, the error count, or any other errors in a document submitted by the vendor.

The device may also allow or require a supplier to clarify or supplement such action.




An action under the first paragraph shall be consistent with the principles of equal treatment and transparency.



Choice of tender



§ 9 a contracting entity shall award contracts in accordance with the provisions of chapter 15.



The device shall, before awarding a contract ensure that the tenderers meet the conditions that the device posed according to chapter 14.



10 § When the device is using a transparent procedure in the contract, the unit assess the tenders before it checks to see if the tenderer who has submitted the most economically advantageous tender meeting the conditions laid down in section 9.



The award of a contract in separate parts



section 11 of the contracting entities may decide that a contract shall be awarded in separate parts. The device will then determine the size and the subject-matter of these parts.



Obligation to justify the contracts should not be awarded in separate parts



section 12 If a contracting authority decides not to award a contract in separate parts, the reasons for this are set out. Reasons shall be given for any of the procurement documents or by such information as referred to in Chapter 12. section 15.



Bid on a contract to be awarded in parts



section 13 A contracting entity in accordance with section 11 determines that a contract shall be awarded in parts, to determine whether the suppliers may submit a tender for one, for several or for all the parts of the contract.



If the tenders may be submitted in several or all parts of a contract referred to in the first subparagraph, the unit limit the number of parts of the contract that the unit may assign the same provider. When the device decides whether such a restriction, it shall also determine the order in which to apply when a vendor when applying the award criteria shall be assigned to more parts of the contract than the limit allows.



The assignment of the combined elements of a contract that has been split



section 14 of the contracting entities which divide the contract into parts in accordance with section 11 and determines that tenders may be submitted in several or all parts of the contract in accordance with section 13, may decide that some or all of the parts are to be assigned to one and the same supplier which combined parts.



If the drive has decided that a split contract to be awarded in combined parts referred to in the first subparagraph, it may assign several or all parts of the contract to the supplier whose tender overall, best meet the award criteria. Such an award is not subject to any restrictions under paragraph 13.



If the device determines that a split contract to be awarded in combined parts referred to in the first subparagraph, it shall also determine the procedure to be applied in order to assess which vendors to be awarded the contract, and the contract shall be awarded in parts or combined parts.



Advertising and publication in other



section 15 A contracting entity awards a contract into parts in accordance with section 11, shall, in the notice or in the invitation to confirm interest indicate whether tenders may be submitted for one, for several or for all the parts of the contract in accordance with paragraph 13 of the first paragraph.



If the device is intended to limit the number of parts of a contract that can be assigned a supplier pursuant to paragraph 13 of the second subparagraph, the device



1. in the advertisement or invitation to enter the largest number of parts of the contract may be awarded to a single supplier, and



2. in any of the procurement documents indicate the order in which to apply when a single vendor when applying the award criteria shall be assigned to more parts of the contract than the limit allows.



If the device is intended to assign to the combined elements of a contract under section 14, the unit in the advertisement or invitation set



1. that a split contract could be awarded in combined parts according to section 14, first subparagraph, and



2. the procedure to be applied under section 14 of the third subparagraph.

Reserved contracts



16 § a contracting entity may for a procurement



1. reserve participation to sheltered workshops or for vendors whose main aim is the social and professional integration of disabled persons or of persons who have difficulty entering the labour market, or



2. provide that a contract is to be performed in the context of sheltered employment programmes.



A prerequisite for a supplier to participate in a procurement within the meaning of the first subparagraph is that at least 30 per cent of those employed in the sheltered workshop, with the provider or in the programme of sheltered employment are persons with disabilities, or people who have difficulty entering the labour market.



CPV nomenclature section 17 all references to classification under the procurement under this Act shall be made by the use of the terminology laid down in European Parliament and Council Regulation (EC) No 2195/2002 of 5 november 2002 on the common procurement vocabulary (CPV), in the wording according to the European Commission Regulation (EC) No 213/2008.



The Government announced in Svensk författningssamling CPV codes for such public works contracts referred to in annex 1.



Chapter 5. Thresholds



Applicable thresholds



§ 1 the thresholds to be applied in accordance with Chapter 1. paragraph 4 of article 15 of Directive 2004/25/EC or in decision or decisions or announcements by the European Commission under article 17 of the directive.



The Government announced in Svensk författningssamling thresholds expressed in euro and Swedish krona.



The value of a procurement



section 2 of the value of a contract is the total amount which the contracting entity's estimate to be paid under the supply contract, service contracts and works contracts that are included in the contract. When the value is determined to be the options and extension clauses set out in any of the tender documents be included as if they had been used. In addition to the premiums and benefits that the Contracting Authority plans to pay for the candidates or tenderers are included in the value.



The value should be estimated net of VAT.



3 § If a Contracting unit consists of separate operating units, the value of the contract is estimated to be the total value of all such devices. The value may, however, be appreciated particularly for one such device, if the responsible independently for their procurement or for certain categories of contracts.



Value date



4 § estimation of a procurement value shall be the value at the date of the invitation to tender is issued or, if such is not required, at the moment at which the contracting authority initiates the procurement procedure.



Prohibition on circumvention




§ 5 Method to estimate the procurement value may not be selected in order to avoid that the provisions on procurement above the thresholds applicable.



6 § A procurement may be divided so that the provisions on procurement above the thresholds do not become applicable only if such a Division is justified by objective reasons.



Procurement of lot



section 7 About a planned acquisition of works or services and the acquisition of similar supplies may result in contracts awarded in the form of separate lots, the aggregate value of the lots to be taken into account when determining if the value is equal to the threshold laid down in paragraph 1.



If the threshold is exceeded, each lot be awarded in accordance with the provisions concerning contracts over the threshold



However, this does not apply to an individual part contracts with a value of less than



1.80 000 euros in the case of goods or services, or



2. EUR 1 000 000 in the case of public works contracts.



There are several lots of the kind referred to in the preceding paragraph, each of them shall be awarded in accordance with the provisions concerning contracts over the threshold, where the aggregate value of those lots exceeds 20% of the aggregate value of the lots as a whole.



For such part contracts under this section shall be exempt from provisions on procurement above the applicable threshold 19 Cape.



Works



section 8 of the value of a procurement of a work shall include, in addition to the amount to be paid for the work, the value of goods and services that the contracting entity provides the contractor which are necessary for the work to be performed.



Lease, rental or hire-purchase of goods



§ 9 the value of contracts relating to the leasing, rental or hire purchase of goods in a fixed period of up to twelve months, is estimated to be the total cost during the term.



If the duration is longer than twelve months, the value is estimated to be the total cost, including the residual value.



If the duration is indefinite or can't be fixed at the value date, the value determined for the monthly value multiplied by 48.



Supply or service contracts which are regularly recur or to be renewed



section 10 of the value of a supply or service contracts which are regularly recur or to be renewed within a given period of time, shall be estimated on the basis of 1. the real total value of the successive contracts of the same type awarded during the preceding twelve months or financial year, if possible adjusted to take account of foreseeable changes in quantity or value over the 12-month period following the initial contract, or



2. the total estimated value of a result of contracts that will be awarded during the period of twelve months following the first delivery or, if the fiscal year is longer than 12 months, during the fiscal year.



Some services



section 11 how the value of certain procurement of services should be estimated in the following lineup:



When the contract concerns, the value should be estimated at



1. insurance services, the premium payable, and other remuneration for the service



2. banking and other financial services, the fees, commissions, interest and other payments for the service



3. planning fees or commissions to pay and allowances for the projection.



section 12 If a post be procured without the total amount payable for the service is specified, the value of procurement to be payable for the service during the term of the contract, if this is a maximum of 48 months.



If the duration is longer or if it is indefinite, the value determined for the monthly value multiplied by 48.



Framework agreements and dynamic purchasing systems



section 13 of the value of a framework agreement or a dynamic purchasing system shall be estimated as the maximum aggregate value of all the contracts envisaged in the context of the framework agreement or dynamic purchasing system during the term.



Innovation partnership



section 14 of the value of an innovation partnership, is estimated to be the highest total value of the research and development activities to be carried out at all stages of the proposed partnership and the goods, services and works to develop and to be sourced at the end of the planned partnership.



Design contests



section 15 of the value of a design contest shall be estimated as the sum of such benefits and prizes that may be awarded to the participants as well as the estimated value of the service contracts that may be awarded to the winner or winners of the contest.



Chapter 6. Procurement procedures



Procurement procurement procedures section 1 of may, under the conditions and in the manner set out in this law, the following procedures shall be used: 1. open procedure, the restricted procedure, 2., 3. negotiated procedure with prior advertising, 4. negotiated procedure without prior advertising, 5. the competitive dialogue, or 6. procedure for the establishment of innovation partnerships.



Open procedure



2 section at an open procedure, all vendors bid following a call for tenders under the Cape. § 1.



Restricted procedure



3 § in a restricted procedure, all vendors after a call for tenders under the Cape. section 1 request to participate by providing the information requested by the contracting entity for the selection. The candidates who drive invites may submit a tender.



Negotiated procedure with prior announcement



4 § in the case of a negotiated procedure with prior advertising, all vendors after a call for tenders under the Cape.

section 1 request to participate by providing the information requested by the contracting entity for the selection. The candidates who drive invites may submit a tender. These tenders shall be the basis for subsequent negotiations.



Negotiated procedure without prior advertisement



No appropriate requests to participate or tenders



§ 5, a contracting entity may use the negotiated procedure without prior advertising, where an open or restricted procedure has not been given any appropriate requests to participate or tenders and the criteria specified in the original tender documents have not changed significantly.



6 § requests shall be considered to be appropriate if the supplier concerned should or can be excluded under Chapter 13. or


does not meet the eligibility requirements established by the contracting entity.



A tender shall be considered inappropriate if it is irrelevant to the contract and therefore obviously not without substantial changes to meet the contracting authority's requirements under procurement documents.



Artistic achievement, technical reasons or protection of exclusive rights



Article 7 a contracting entity may use the negotiated procedure without prior announcement if it to be procured can be provided only by a particular supplier because



1. subject of the contract is to create or acquire a unique piece of art or a unique artistic achievement, 2. for technical reasons, there is no competition, or



3. What is to be acquired are protected by exclusive rights and therefore can only be provided by a particular vendor.



Such a procedure, in the cases referred to in the first subparagraph 2 and 3 may be used only if there is no reasonable alternative and the absence of competition is not the result of an artificial delimitation of the conditions of the contract.



Extreme urgency



section 8, a contracting entity may use the negotiated procedure without prior announcement about it, for reasons of extreme urgency brought about due to circumstances that are not attributable to and does not have been foreseen by the device, it is impossible to keep to the deadlines that apply in open and restricted procedure or in the case of negotiated procedure with prior advertising, and the acquisition is absolutely necessary.



Research, experiment, study or development,



§ 9 a contracting entity may use the negotiated procedure without prior advertisement of procurement which applies only to procurement for research, experiment, study or development, and 1. the contract does not include the production of quantities which are intended to achieve profitability or to cover research and development costs, and 2. the award of the contract will not affect subsequent competitive procurement designed specifically for such purposes.



Procurement of goods in some cases



section 10 a contracting entity may use the negotiated procedure without prior advertisement of procurement of goods, if



1. the contract is additional deliveries by the original supplier, provided that



a) delivery either intended to partially replace supplies or installations or as the extension of existing supplies or installations, and



(b)) a change of supplier would oblige the contracting entity had to procure goods that would be technically incompatible with the first, acquired or lead to disproportionate technical difficulties relating to operation and maintenance,



2. contract applies to goods that are listed and traded on a commodity market;



3. it is possible to procure goods or services on preferential terms, in particular in connection with a supplier ceases its activities or has gone into liquidation, bankrupt or are subject to the corresponding procedure, or



4. it is also possible to acquire otherwise goods by taking advantage of the particularly advantageous opportunity available for a very short time, when the price is well below the normal market price.



Previous services or works



11 § a contracting entity may use the negotiated procedure without prior announcement in the case of a new service or works consisting in the repetition of past services or works provided that:



1. the new work is part of a project that has previously been the subject of a tendering procedure,



2. the works are assigned to the same service provider,



3. the new services or works conform to the original project, 4. the extent of possible additional services or works and the conditions for the allocation of those specified in procurement documents for the initial procurement,



5. the value of the new contract have been included in the estimate of the value of the original contract, and



6. in the context of the original contract specified that it now intended proceeding could be used.



Procurement of service that follows a design contest



section 12 contracting entities may use the negotiated procedure without prior advertisement of procurement of a service that follows a design contest, where the contract according to the rules of the competition shall be awarded to the winner or to one of the winners of the contest.



If a competition has been completed with more than one winner has been appointed, all the winners be invited to participate in the negotiations.



Competitive dialogue



13 § When a competitive dialogue, all vendors after a call for tenders under the Cape. section 1 request to participate by providing the information requested by the contracting entity for the selection. The candidates who drive invites may participate in the dialogue.



section 14 The aim should be to identify and define how the contracting authority's needs can best be met.



Procurement documents



section 15 of the contracting entity in any of the tender documents specify their needs and requirements, specify the award criteria and explain their meaning and set a provisional timetable.



Implementation of the dialogue



section 16 of the dialogue to be conducted in successive stages in order to limit the number of solutions if it is not specified in any of the tender documents. The contracting authority may, after each step choose the solutions that the unit should continue to discuss. The choice should be made using the award criteria specified in any of the tender documents.



The final number of solutions should be such that effective competition is achieved, provided that there are enough solutions.



section 17 the contracting authority shall continue the dialogue until the device has found the solution or solutions that cater to the needs of the device. The dialogue should then be declared ended and the participating candidates will be notified in writing as soon as possible.



Invitation to tender



section 18 When a notification has been made under section 17, the contracting authority should invite the participating candidates to submit final tenders on the basis of the solution or solutions presented and specified during the dialogue.



Clarification, clarification and optimization of tenders



section 19 of the contracting entity may ask the tenderers to clarify, refine and optimize its offer.




Clarifications, refinements, optimizations, and supplementary information shall not, however, include changes to the essential aspects of the tender or contract, including the necessary Unit intends to meet with the contract and the requirements set out in the advertisement, if the changes are liable to distort competition or lead to discrimination.



Evaluation of tenders



section 20 of the sole basis for the evaluation of tenders should be best price-quality ratio in accordance with Chapter 15. 1 paragraph 1.



Negotiations to confirm terms and conditions



section 21 of the contracting authority may negotiate with the tenderer who has submitted the tender with the best relation between price and quality in order to confirm the financial obligations or other conditions set out in the tender and finally establish the terms of the contract. This is true provided that the negotiations



1. do not lead to significant aspects of the tender or the contract is changed, and 2. does not risk distorting competition or causing discrimination.



Compensation for participating in the dialogue



section 22 of the contracting entity may decide on prizes or other remuneration for participation in the dialogue.



Innovation partnership



section 23 When a procedure for the establishment of innovation partnerships, all vendors after a call for tenders under the Cape. section 1 request to participate by providing the information requested by the contracting entity for the selection. The candidates who drive invites may participate in the proceedings.



When the procedure may be used



section 24 of the contracting entities may use a procedure for the establishment of innovation partnerships to obtain goods, services or works to meet the needs of the procuring entity considers cannot be met by solutions existing on the market.



Innovation partnership should aim at developing and subsequent acquisition of the goods, services or works to which the device need. such an acquisition requires that the products, services or works reflect the performance levels and maximum costs which the contracting entity and the participants have agreed upon.



Requirements for candidates



section 25 When selecting candidates, contracting entities in particular apply requirements relating to suppliers ' capacity in the area of research and development and capacity to develop and implement innovative solutions.



Procurement documents



section 26 of the contracting entities shall indicate in the procurement documents



1. the need for a good, service or construction contract that your device can't meet through solutions available on the market,



2. the parts of the description that is such minimum requirements to be met by all tenders, and



3. what should apply to intellectual property rights.



The information provided in the tender documents must be sufficient to permit a service provider to be able to identify the nature and scope, and thus be able to take a position on whether to request to participate in the procurement procedure.



Negotiations



section 27 of the contracting entity shall negotiate with tenderers for improvements in their bids. The negotiations may not concern the minimum requirements or the award criteria. The final tenders shall not be subject to negotiations.



section 28 If changes occur in the procurement documents during the negotiations, the contracting authority shall inform all remaining bidders on this and give them reasonable time to modify their tenders.



section 29 of the negotiations may be divided in successive stages in order to reduce the number of tenders if the procuring entity has specified this in any of the tender documents. After each step, the device may select tenders unit should continue to negotiate. The choice should be made using the award criteria specified in procurement documents.



Requirements for setting up an innovation partnership



section 30 of the contracting entities may establish an innovation partnership only with those suppliers who are conducting separate research and development activities.



Evaluation of tenders



section 31, the only basis for the evaluation of tenders should be best price-quality ratio in accordance with Chapter 15. 1 paragraph 1.



Implementation of the partnership



32 § an innovation partnership should be divided into stages that follow the steps in the research and innovation process.

Phases may also include the manufacturing of goods, provision of services or carrying out the works.



33 § an innovation partnership to establish interim goals that the partners should fulfil and regulate the compensation in appropriate instalments.



On the basis of milestones, the Contracting unit after each completed stage decide to terminate the partnership or, if innovation partnership includes several suppliers, reducing the number of such by terminating individual contracts such action requires that the unit in any of the tender documents specified that these opportunities are available, and under which conditions they can be used.



section 34 the contracting entity shall ensure that the innovation partnership structure illustrating, in particular, the duration and value of the various stages, reflects the degree of innovation of the proposed solution and the research and innovation activities required to develop a solution that is not yet available on the market. The estimated value of the supplies, services or works may not be disproportionate to the investment required to produce them.



Chapter 7. Framework agreements, central purchasing bodies and other coordinated procurement



Framework agreements



Applicable provisions



section 1 contracting entities may conclude framework agreements on the use of the procurement procedures laid down in this law.



Duration of the framework agreement



paragraph 2 of the framework agreement may run for longer than eight years only if there are special reasons.



Award of contracts based on framework agreements



section 3 contracts based on a framework agreement shall be awarded in accordance with objective rules and criteria. The contracting entity shall specify the rules and criteria laid down in any of the tender documents for the framework agreement.



4 § contracts based on framework contracts may be awarded with a renewed competitive tendering for suppliers who are parties to the framework agreement.



At the reopening of competition should the contracting authority 1. specify a period which is sufficient to submit a tender for each specific contract, and



2. assign each contract to the tenderer who


has submitted the most economically advantageous tender in accordance with the award criteria for the framework agreement.



Central purchasing organisations



The use of a central purchasing body



§ 5, a contracting entity may use the services of a central purchasing body without procuring the service.



Where a contracting entity uses an approved purchasing Centre as provided for in the first subparagraph, the post of the central procurement unit also include support activities for purchases.



Acquisitions from a central purchasing body



section 6 of the contracting entities may purchase goods or services from a central purchasing body.



Acquisition through a central purchasing body



section 7 a contracting entity may procure the goods, services or works by 1. contracts awarded by a central purchasing body,



2. dynamic purchasing system powered by a central purchasing body, or



3. framework agreements awarded by central purchasing body.



The responsibility of the contracting entity



section 8 a contracting entity shall be considered to fulfil their obligations under this law when it procures goods, services or works from or through a central purchasing body in accordance with section 6 or 7.



However, the contracting authority is responsible for fulfilling the obligations laid down in this Act in respect of the parts of a procedure which it implements.



Joint procurement with the device from another Member State



§ 9 a contracting entity may procure jointly with a contracting entity from another Member State with the use of procurement actions referred to in paragraphs 10 to 18.



A given procurement action must not be chosen in order to avoid the application of the mandatory rules that are compatible with EU law.



Central purchasing body in another Member State



section 10 a contracting entity may use centralized purchasing activities offered by a central purchasing body in another Member State of the European Union.



section 11 by the joint procurement under section 10 shall apply the provisions of the Member State in which the central procurement unit is located.



The rules applicable pursuant to the first subparagraph shall also apply where contracting entities



1. assign a contract within the framework of a dynamic purchasing system powered by a purchasing Centre as provided for in the first subparagraph, or



2. make a renewed competitive tendering in accordance with a framework agreement concluded by a purchasing Centre as provided for in the first subparagraph.



Common procurement actions



section 12 contracting entities may jointly with contracting authorities in other Member States of the European Union to take procurement actions by



1. award a contract,



2. a framework agreement, or



3. set up a dynamic purchasing system.



A contracting entity which has concluded a framework agreement within the meaning of the first subparagraph 2 or set up a dynamic purchasing system referred to in the first subparagraph 3, may award contracts under the framework agreement, or purchase the system.



section 13 of the joint procurement actions referred to in section 12 shall parts necessary for cooperation follow from an agreement.



section 14 If an agreement referred to in paragraph 13 of the meet between the participating units, the units of the agreement lay down



1. the units ' responsibilities and the relevant national rules shall apply, and



2. way to organise the procurement procedure, including management, distribution of goods, services or works to be procured and the conclusion of the contract.



When the devices determines responsibilities and relevant national provisions shall be applicable pursuant to the first subparagraph 1, can



1. the responsibilities allocated to one or more of them, or



2. that the relevant provisions should be laid down in provisions of the Member State in which at least one of the devices is domiciled.

15 § allocation of responsibilities between contracting entities and the applicable national rules in accordance with sections 13 and 14 shall be provided in any of the tender documents.



section 16 of the entity that participates in a tender procedure in accordance with section 12 and procuring goods, services or works from another participating device shall be considered to fulfil their obligations under this law, if any other participation device fulfils the obligations provided for in the law to be applied as a result of an agreement in accordance with paragraphs 13 and 14.



Procurement of a single device



paragraph 17 of the joint entity created by contracting entities in different Member States may carry out procurements.



A European grouping of territorial cooperation under European Parliament and Council Regulation (EC) No 1082/2006 of 5 July 2006 on a European grouping of territorial cooperation (EGTC), in the wording according to Regulation (EU) no 1302/2013, or any other entity incorporated under EU law must be regarded as a single unit.



section 18 at the joint procurement under section 17 of the joint unit's competent body decide on the applicable national rules.



Applicable national rules should be rules in a Member State where the common unit either has its registered office or operates.



Such a decision may either apply for an indeterminate period, if it is adopted when the common unit should be set up, or limited to a certain time period, for certain types of contracts or to one or more individual assignments of contracts.



Chapter 8. Electronic methods of procurement



Dynamic purchasing systems



Scope



section 1 contracting entities may use dynamic purchasing system for recurring purchases of goods, services or works which are widely available in the market and have properties that cater to the needs of the contracting entity.



A dynamic purchasing system shall be operated as a fully electronic process. It should have a fixed term and during that time be open to any supplier who meets the eligibility requirements under Chapter 14. 1 – 3 sections.



section 2 a dynamic purchasing system may be divided into categories of goods, services or works. Categories to be determined objectively, taking into account the characteristics of the contracts to be implemented within the relevant category.



Establishment of a dynamic purchasing system



3 § in procurement in a dynamic purchasing system, contracting entities shall apply the provisions of the restricted procedure. The number of candidates who participate in the system, however, must not be restricted.



If the device has divided the system into categories of goods, services or works, to the qualification requirements specified for each category.



4 § contracting entities which establish a dynamic purchasing system shall make known their intention by means of a tendering procedure and specify that it refers to such a system. In the notice of invitation to tender


should the system's validity period is specified.



If a dynamic purchasing system is divided into categories of goods, services or works, and what characterizes the categories set out in the advertisement, the contract notice or in the invitation to confirm interest.



If the dynamic purchasing system is driven by a central purchasing body and may be used by other entities, this should be indicated in the invitation to tender.



Procurement documents



section 5 Of the procurement documents, indicate



1. the procurement system and the quantities concerned, and



2. the necessary information concerning the purchasing system, the electronic equipment used and the technical connection arrangements and specifications.



The contracting entity shall give access to procurement documents under 10 Cape. paragraph during the entire period of validity.



Changes in the validity



section 6 of the procuring entity shall notify changes to the validity period of the dynamic purchasing system to the European Commission.



Application to participate in a dynamic purchasing system



Article 7 a contracting entity shall during the whole period of validity of the dynamic purchasing system give suppliers the opportunity to request to participate in the system under the conditions referred to in paragraph 3.



The unit will evaluate the requests with application of qualification requirements under Chapter 14. 1 – 3 sections within 10 working days of receipt. When there are reasons to get the deadline extended to 15 working days.



The device may extend the evaluation period, if no invitation to tender has been issued yet to the dynamic purchasing system. No invitation may be issued during the evaluation period extension. The device will be in one of the procurement documents the extended period that it intends to apply.



Time limit for requests to participate



§ 8 the deadline to submit a tender application must be at least 30 days from the date of the advertisement of procurement was sent for publication or from the date on which the invitation to confirm interest was sent to the candidates. The time limit shall not be less than 15 days.



No additional deadlines apply to requests following the invitation to tender for the first contract under the dynamic purchasing system.



Notification of decision on participation in a dynamic purchasing system



section 9 of the contracting entities shall as soon as possible inform the supplier about the decision that has been taken on the vendor's participation in the dynamic purchasing system. A decision not to approve a vendor that participants should be justified.



Section 10 of the invitation to tender the contracting entity for every contract to be awarded to invite all suppliers who have been approved as a participant in the dynamic purchasing system to submit a tender.



If the dynamic purchasing system are divided into categories of goods, services or works, the device should invite all suppliers who have been approved as a participant in the category that corresponds to the relevant procurement to submit a tender.



Deadline for tenders



section 11 of the deadline to submit bids shall not be less than 10 days from the date on which the invitation to tender under section 10 was sent to interested suppliers.



The provisions of Chapter 11. section 7 if the deadline to submit bids by agreement may apply.



Award of contracts



section 12 of the contracting entity to award the contract to the supplier whose tender is the most economically advantageous tender, on the basis of the award criteria set out in the contract notice, the invitation to confirm interest or in the invitation to tender invitation to tender when done through an ad on the qualification system.



The award criteria may be specified in the invitation to tender.



Self-declaration of suppliers



section 13 A contracting entity applying reasons for exclusion and eligibility requirements in accordance with Chapter 14. 1-3 sections, may, at any time during the validity period of the dynamic purchasing system, request the suppliers approved as participants in the system, within five working days from the date on which the request was sent, submit a new and updated version of such a self-declaration as referred to in chapter 15. 1-2 of the Act (2016:1145) on government procurement.



The provisions of chapter 15. 3-5 of the law on public procurement is valid during the whole period of validity of the dynamic purchasing system.



Administrative fee



section 14 of the contracting entity may not charge a processing fee of a vendor who participate or want to participate in the system.



Electronic auctions



Scope



section 15, a contracting entity may use an electronic auction for the presentation of new prices or new values concerning certain elements of tenders.



The device shall design the electronic auction as a repetitive electronic process.



section 16 of the contracting entities may use electronic auctions as a concluding part, if the content of the tender documents can be established with a sufficient degree of accuracy. This applies at 1. open procedure,



2. in restricted procedures,



3. the negotiated procedure with prior advertising,



4. the reopening of competition within a framework agreement in accordance with Chapter 7. paragraph 4, and



5. the invitation to tender within the framework of a dynamic purchasing system.



Implementation of an electronic auction



section 17 of an electronic auction shall permit a ranking based on automatic evaluation methods and shall be based on



1. prices or new values on the parts of the tenders indicated in the procurement documents, when tenders will be evaluated on the basis of the best relation between price and quality or cost, or



2. prices, when tenders will be evaluated solely on the basis of price.



The tenders will be ranked using a mathematical formula. When the tenders to be ranked with respect to the best price-quality ratio, the mathematical formula to take into account the weighting of the criteria established to determine the most economically advantageous tender. If the weighting of the criteria specified in the interval, those should be set to a specific value. Where variants are allowed, should be separate formulas are given for each tender.



An electronic auction may take place in successive stages.



Procurement documents



section 18 If an electronic auction will be used, the contracting entity shall state this in the ad for competition, in the invitation to confirm interest or, if an ad on the qualification system used as a means of calling for competition, in the invitation to tender.



section 19 of the procurement documents, the following information shall be provided


If the electronic auction:



1. the parts of the tenders that 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 acquisition,



3. the information will be made available to tenderers in the electronic auction and when this will happen,



4. necessary data on the implementation of the electronic auction,



5. the conditions under which the tenderers will be able to submit a tender, including the minimum differences when bidding that may have been determined, 6. necessary information about the electronic equipment will be used and if the connection to this device, and



7. the time when the electronic auction shall be terminated.



Initial evaluation of the tenders



section 20 Before a contracting entity begins with an electronic auction, the device should evaluate tenders in accordance with the award criterion/criteria set and with the weighting of these.



Invitation to submit new prices or values



section 21 of A tenderer who has made an admissible tenders shall be invited to participate in the electronic auction, from a certain point in time using the connection, as specified in the invitation.



A tender is valid if it complies with the technical specifications, and is not illegal, unacceptable or inappropriate and if it has been submitted by a tenderer who meet the eligibility requirements and have not been excluded from the bidding process.



What constitutes an inappropriate tenders shown in Chapter 6. 6

§.

section 22 of the invitation shall inform the contracting authority of the evaluation under section 20 of the tenderer.



section 23 of the Invitation shall contain information on the mathematical formula referred to in paragraph 17, second subparagraph, and which will be used to determine the ranking between the tenders, taking account of the new prices or values submitted during the auction.



section 24 of the electronic auction may not start sooner than two working days after the invitation has been sent out.



Information for bidders



section 25 Under an electronic auction, contracting entities shall provide all tenderers sufficient information to enable them at any time to ascertain their relative rankings.



The device may also provide other information about prices or values, provided this is specified in procurement documents.



The unit must provide information on the number of participants in an electronic auction.



The termination of an electronic auction



section 26 of The electronic auction shall be terminated by the contracting entity



1. at the time specified in the tender documents,



2. when it no longer provided some new prices or new values which correspond to the specified minimum differences, or



3. when the number of phases in the auction, as specified in procurement documents.



In the case referred to in the first subparagraph 2 shall drive in the procurement documents have specified how long after it has received the final price or value that it will end the auction.



In the case referred to in the first subparagraph 3 shall indicate the timetable for each phase in the invitation to take part in the auction.



27 § When the electronic auction, contracting entities shall award the contract on the basis of the results of the auction.



Electronic catalogues



Scope



section 28 of the contracting entities may require that tenders by electronic means shall be provided in a format for presenting and organizing information that is common to all participating bidders and that are suitable for electronic processing (electronic directory).



Offers made in the form of an electronic catalogue may be supplemented by other documents.



Procurement documents



section 29 Of the ad contract notice or the invitation to confirm interest should indicate whether tenders, or receives



1. take the form of an electronic catalogue, or



2. include an electronic catalogue.



Some of the procurement documents should contain the necessary information on 1. the electronic equipment used and the connection of this equipment, as well as 2. formats and specifications for the electronic catalogue.



The establishment of an electronic catalogue



section 30 an electronic catalogue shall be established by a candidates or tenderers according to the specifications and formats that have been established by the contracting entity. If a directory is updated according to § 31 or 34 section, its format to allow such an update.



Update of an electronic catalogue



section 31 where a framework agreement has been concluded after the tenders have been submitted in the form of an electronic catalog or have contained such a contracting entities may decide that a renewed competitive tendering in accordance with Chapter 7. 4 sections shall be carried out with the use of an electronic catalogue which is updated in accordance with section 32.



32 § to update an electronic catalogue, the Contracting unit either



1. to invite tenderers to submit an updated catalog that has been adapted to the requirements of the contract, or



2. inform each tenderer to drive relate to collect data from the already-submitted directory in order to adapt it to the requirements of the contract.



A catalog may be updated in accordance with the first paragraph 2, if this is not specified in any of the tender documents for the framework agreement.



33 § 32 a notice pursuant to paragraph 2, the contracting entities shall inform each tenderer if when it intends to collect data for an updated electronic catalogue and give tenderers the opportunity to decline such a data collection. The message should be left so long before the scheduled data collection that the tenderer receives a reasonable time to consider it.



Before awarding a contract on the basis of the information in an electronic catalogue that device have updated, it shall give tenderers the opportunity to verify that the thus prepared the tender does not contain any errors.



Electronic catalogues in dynamic purchasing systems



34 § in procurement within a dynamic purchasing system shall a vendor at the request of the contracting entity may submit a tender that has the form of an electronic catalog or contains such.



The device shall, if it has requested that suppliers to the application to participate in the dynamic purchasing system, attach an electronic catalogue, decide that the contract will be carried out with the use of electronic catalogues that are updated by the application of the provisions of paragraph 2 and 32, second subparagraph, and paragraph 33.



Chapter 9. Technical requirements



Technical specifications




As indicated in the technical specifications



§ 1 The technical characteristics of the products, services or works shall have to be specified as technical specifications. The specifications should be included in any of the tender documents. They must be designed in any of the ways specified in paragraphs 3 to 5, provided that it does not conflict with mandatory technical regulations.



The properties listed may also refer to 1. the process or method to produce or provide the products, services or works, or 2. a process that relates to a different stage of the construction work, service or product life cycle.



Second subparagraph shall also apply when the properties referred to is not the characteristics of the relevant products, services, works or the construction works concerned.

The properties, however, must be directly related to the acquisition.



In the technical specifications must also indicate on the transfer of intellectual property rights will be required.



When it acquired to be used by natural persons



2 § When it purchased for use by natural persons, the technical specifications shall be determined with regard to all users, including accessibility for persons with disabilities.



Exceptions may be made only if there are special reasons.



If the European Union is in a legal act adopted mandatory requirements on accessibility, to the technical specifications referred to in the first subparagraph shall be determined with reference thereto.



Technical specifications in terms of performance or functional requirements



paragraph 3 a contracting entity may specify the technical specifications of performance or functional requirements. In the performance or functional requirements may include environmental characteristics.

Requirements must be designed so that it is clear what should be sourced.



A contracting entity may allow a provider invokes such standards and assessments referred to in paragraph 4 to show that the requirements referred to in the first subparagraph are fulfilled.



Technical specifications in the form of references to standards and assessments



section 4 of the technical specifications is not specified as a performance or functional requirements, they shall refer to the standards and assessments, and in descending order of importance to



1. American standard that is in line with European standards,



2. European technical assessment,



3. ' common technical specification ',



4. international standard,



5. other technical reference systems established by the European standardisation bodies, or



6. other Swedish standards, Swedish technical approval or, in the case of a work or use of a product, a Swedish technical specification for the design, calculation and execution.



Each referral referred to in the first subparagraph shall be accompanied by the words "or equivalent".



Technical specifications which combine performance and functional requirements with standards and assessments



§ 5, a contracting entity may specify the technical specifications of performance or functional requirements as referred to in paragraph 3, for certain characteristics, and by referring to standards and assessments in accordance with paragraph 4 for other characteristics.



Information and references that cannot be included in the technical specifications section 6, If it leads to some vendors benefit or disadvantage, the technical specifications do not include references to



1. a manufacturer, an origin or production methods that characterize the goods or services offered by a particular vendor, 2. trade marks, patents, types or 3. origin, or 4. manufacturing.



Such references may be present if it is justified by it to be sourced or it is not possible to describe it to be sourced sufficiently clear. Such reference shall be accompanied by the words ' or equivalent '.



Equivalent solutions article 7 A contracting entity in accordance with section 3 sets out the technical specifications of performance or functional requirements, it may not reject a tender which relates to goods, services or works which correspond to the standards or assessments referred to in paragraph 4(1) 1-5 or equivalent standards or assessments.



The first subparagraph applies only if



1. the referenced standard or assessment relating to the performance or functional requirements the device has entered, and



2. the tenderer must show that the products, services or works complies with the specified requirements.



section 8 where a contracting entity makes demands by referring to standard or assessment under paragraph 4, it may not reject a tender on the grounds that a product, service or works do not meet this standard or assessment of the tenders will be shown that the proposed solutions satisfy the requirements in an equivalent manner.



Investigation of conformity section 9 a contracting entity may as evidence for compliance with the requirements of the technical specifications, the award criteria set out in Chapter 16 of the. or the conditions for performance of contracts in accordance with chapter 17, section, require the vendor to provide a test report or certificate from a conformity assessment body. This body should be accredited for this task in accordance with European Parliament and Council Regulation (EC) no 765/2008 of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, in the original wording.



section 10 where contracting entities requires a test report or certificate which shall be issued by a conformity assessment body, it should also accept a test report or certificate from an equivalent body.



section 11 When a vendor is not within the specified time limit can have access to a test report or certificate referred to in section 9 or 10, and this is not due to the supplier or any relation to the supplier, the contracting authority shall accept other appropriate investigation. This investigation will show that the products, services or works complies with the requirements of the technical specifications, the award criteria or conditions for performance of the contract.



The provision of technical specifications



section 12 of the contracting entity shall, on request, provide a supplier the technical specifications as the device regularly use in their tenders or advertisements. The specifications shall be supplied by electronic means which provides free, direct, complete and free access to them. If such access cannot be granted to certain specifications, they shall be provided in any other way.




If the technical specifications specified in the documents available to the supplier by electronic means which provides unrestricted and full direct access free of charge, it is enough to drive refer to these documents.



Labelling



section 13 With labelling means all documents, certificates or certificate which confirms that the goods, services, works or processes or procedures in question meets certain requirements.



section 14 of the contracting entities may in the technical specifications, the award criteria or conditions for performance of contracts require a certain labelling as evidence that the product, service or construction contract corresponds to the characteristics required, if



1. requirements for labelling concerns only the criteria related to the acquisition, 2. the requirements for the label are appropriate to define the characteristics of the goods, services or works to be procured,



3. the requirements for the label are based on objectively verifiable and non-discriminatory criteria, or



4. the labelling has been adopted through an open and transparent procedure in which all interested can participate,



5. the labelling is available for all concerned, and



6. the requirements for the label are determined by a body which is the applicant for a mark does not have a decisive influence.



Where contracting entities do not require it to be procured has all the characteristics required of a marking, it should specify the requirements for marking to be fulfilled.



If the labelling satisfies the conditions laid down in the first paragraph, 3-6, but the requirements for labelling related criteria not related to that acquisition, the contracting authority may not require labelling for products, services or works. The device may, however, lay down the technical specifications by reference to such detailed specifications for marking related to it to be sourced.



15 § contracting entities requiring a particular marking in accordance with section 14 shall accept an other markings if the requirements for the label are equivalent to the requirements for the specified label.



section 16 When a supplier within the stipulated time-limit had the opportunity to access the labelling that the contracting authority requires or equivalent marking and this is not due to the supplier or any relation to the supplier, the contracting authority shall accept other appropriate investigation. This investigation will show that the products, services or works complies with the requirements of the given label or, in the cases referred to in paragraph 14, the specific requirements for marking.



Tenders with alternative designs



section 17, a contracting entity may permit or require that bidders bidding with designs that differ from those that the unit has entered. Such an offer with alternative execution may be taken into account only if the device in the ad specified on the permit or require such tenders.



section 18 of the contracting entities which allows or requires the tenders referred to in section 17 shall indicate in the procurement documents 1. What are the minimum requirements for tenders;



2. the specific conditions relating to the presentation of tenders, and



3. where tenders with an alternative execution may only be made in conjunction with an offer that is based on the same design as the device specified.



Tenders with alternative designs may be taken into account only if they meet the minimum requirements.



19 § when awarding supply or service contracts, contracting entities which have authorised or required tenders with alternative designs do not reject such an offer solely on the ground that, if adopted, would become a service contract rather than a supply contract or a supply contract rather than a service contract.



10 Cape. Advertising contract and invitation to candidates Advertising



Invitation to tender



section 1 contracting entities shall, by means of an invitation to tender, inform about their intention to award a contract or a framework agreement.



A call for tenders shall be made through an ad on procurement.

An invitation to tender may, however, in the cases provided for in paragraph 2, shall be made by a prior ad and, in the cases provided for in paragraph 4, be made through an ad on the qualification system.



Specific rules on contracts without prior advertising, see Chapter 6. 5-12 sections.



Preview ad as a means of calling for competition



section 2 contracting entities may use an ad that calls for tender when the procurement is to be conducted with restricted or negotiated procedure with prior announcement.



A device shall procure the services of a type listed in annex II may also use an ad that calls for tender.



Preview ad to inform about the planned procurements



paragraph 3 a contracting entity, in a pre-release advertising inform about planned procurement.



Provisions on shortened time limits for such a prior advertising, see Chapter 11. § 5.



Ad on qualification system



paragraph 4 where a contracting entity establishes a qualification system in accordance with Chapter 14. section 4 of the unit in an advertisement to inform about this.



Efterannons if the result of a procurement



§ 5, contracting entities which have awarded a contract or concluded a framework agreement should send a efterannons of the results of the award procedure no later than 30 days after the conclusion of the contract or framework agreement. A device which assigned the contract to a dynamic purchasing system shall send a efterannons within 30 days after the award of each contract.



Despite the first paragraph, the device in the award of contracts under the dynamic purchasing system or of the contracts for services of a type listed in annex 2 to collect efterannonserna a quarterly basis. In such cases, the collected advertisements are sent within 30 days after the end of each quarter.



The first paragraph does not apply to the award of contracts that are made on the basis of a framework contract concluded in accordance with this law.



Ad for award of a contract without prior advertisement



section 6, a contracting authority which intends to award a contract by negotiated procedure without prior advertisement pursuant to Chapter 6. 5 – 12 §§ may inform of his intention through an ad.



Authorization



section 7 of the Government may provide for the content and the publication of ads under this chapter.



Electronic access to tender documents



§ 8 the contracting entity shall, at advertising on procurement and pre-release advertising by electronic means offer unrestricted and full direct free access to tender documents from the date on which the advertisement is published.


The internet address where documents are available shall be stated in the ad.



If the invitation to tender is a ad on qualification system, the free, direct, complete and free access to procurement documents is given by electronic means as soon as possible and at the latest from the date on which the invitation to tender or to negotiate, is sent to the selected candidates. The internet address where documents are available shall be indicated in the advertisement or invitation.



If the device does not provide access to any of the tender documents referred to in the first subparagraph, shall drive in the advertisement indicate how providers can gain access to the document in any other way. If the device does not give access to any procurement documents pursuant to the second subparagraph, for advertising concerning qualification system, the device should provide such information in any of the tender documents.



Invitation to candidates



Written invitation to confirm the interest upon prior advertising section 9 If an ad has been used as the call for competition, contracting entities shall simultaneously send a written invitation to all candidates to confirm their interest. Only when the device has been told which candidates are still interested, it may indicate which vendors will participate or participate in negotiations.



The contracting entity shall, by electronic means give candidates free and full direct and free access to procurement documents. The internet address at which documents are available are to be specified in the invitation to confirm interest. If the device cannot render an award document available by electronic means, and the document has not been made available in any other way, shall be attached to the invitation.



The invitation shall contain 1. indication of the nature and quantities of it to be procured, the option for a further contract and, if possible, the estimated period of the option and, in the case of contracts that can be renewed, the nature and quantity and, if possible, the estimated time for the upcoming ads on the procurement of goods, services or works, 2. whether restricted or negotiated procedure with prior advertising should be used, 3. indication of the date of delivery of the goods or for the initiation or termination of the services or works,



4. the address of the contracting entity, 5. a statement of financial or technical requirements, financial guarantees and information required from suppliers, 6. indication of whether a supply contract object the purchase, lease, rental or hire purchase or a combination of these, 7. an indication of the relative weight of the award criteria and criteria or priority order, if this is not given in any other procurement documents, and



8. other information relevant to the procurement.



The written invitation to tender, to negotiate or to take part in the dialogue section 10 By restricted procedure, negotiated procedure with prior advertising, competitive dialogue procedures and procedure for the establishment of innovation partnerships to the procuring entity at the same time send a written invitation to all selected candidates to tender, to negotiate or, in the case of a competitive dialogue, to take part in the dialogue.



The contracting entity shall, by electronic means provide the selected candidates free and full direct and free access to procurement documents. The internet address at which documents are available are to be specified in the invitation to tender, to negotiate or to take part in the dialogue. If the device cannot render an award document available by electronic means, and the document has not been made available in any other way, shall be attached to the invitation.



The invitation shall contain 1. indication of the time limit to request additional information under Chapter 12. section 11, 2. the last day for receiving tenders, as well as the address to which tenders must be sent and the language or languages in which it is to be written, or, in the case of a competitive dialogue, the date and place of the beginning of the dialogue, and if the language or languages to be used, 3. a reference to the ad that was used as a tender, 4. an indication of the documents to be attached, 5. a statement of award criteria, if they are not given in an ad on qualification system used as a means of calling for competition, 6. an indication of the relative weight of the assignment criteria or priority order, if this is not given in any other procurement documents, and 7. other information relevant to the procurement.



Validity



section 11 of the contracting entity, by open procedure in the advertisement of contracts specify the amount of time that a tenderer shall be bound by his offer. In case of restricted procedure, negotiated procedure with prior advertising, competitive dialogue procedures and procedure for the establishment of innovation partnerships, the device should enter this task in an ad that is used as a means of calling for competition, in the invitation to confirm interest or in an invitation to tender, to negotiate or to take part in the dialogue.



A notification under Chapter 12. 12 article or information pursuant to Chapter 12. section 13 does not mean that a tender will expire.



11 kap. Time-limits for requests to participate and tenders



Conditions to be taken into account when time limits are determined



§ 1 When deadlines to submit requests to participate and tenders will be determined by the contracting authority, shall take particular account of the complexity of the contract and the time the vendors are likely to need in order to formulate requests to participate or tenders. Where tenders can be made other than after a visit to the site, shall always be so long that all suppliers can become aware of all the information required for drawing up tenders.



When determining the time limits referred to in the first subparagraph shall, however, the provisions of this chapter are complied with.



Deadline for the open procedure section 2 In open procedures, the time limit to submit tenders to be at least 35 days from the date of the advertisement of procurement was sent for publication.



The first paragraph applies subject to paragraphs 5 to 10.

Deadline for requests to section 3 in the restricted procedure, the negotiated procedure with prior advertising, competitive dialogue procedures and procedure for the establishment of innovation partnerships, the time limit to submit requests to be at least 15 days from the date of the advertisement, the contract notice was sent


for the publication or, if an ad has been used as a means of calling for competition, from the date on which the invitation to confirm interest was sent to the candidates.



Time limits for procurement under the dynamic purchasing system, section 4 in Chapter 8. 8 and 11 § § provides for the time limits for requests to participate and tenders for procurement under the dynamic purchasing system.



Shortened deadline after the prerelease advertising



§ 5 If the contracting entity has förhandsannonserat in open procedures, the time limit for entering a tender to be determined for at least 15 days from the date of the advertisement of procurement was sent for publication.



A time limit may be reduced in accordance with the first paragraph only if prior advertisement



1. the particulars referred to in annex VI, part A, sections I and II of Directive 2004/25/EC, in so far as the data were available when the advance the advertisement was published, and



2. was sent for publication at least 35 days but not more than 12 months before the date of the advertisement of procurement was sent for publication.



Shortened deadline upon electronic tenders



section 6, If the contracting entity allows tenders to be submitted electronically at the open procedure, the time limit referred to in paragraph 2 shall be deemed to be at least 30 days.



Deadline for bids after agreement



7 § in restricted procedures and negotiated procedures with prior advertising, contracting entities may decide the deadline to submit bids to a common time is agreed with the selected candidates.



If such an agreement is not reached, the time limit shall be at least 10 days from the date on which the invitation to tender was sent to the candidates.



Extension of the deadline for tenders



§ 8 the deadline to submit tenders shall be extended so that all suppliers should be able to become aware of all the information required for drawing up tenders, if



1. the supplementary information is not supplied within the time limits laid down in Chapter 12. section 11, or



2. material changes in the procurement documents.



§ 9 the deadline to submit tenders shall be extended by five days where the contracting entity is not by electronic means offer unrestricted and full direct and free access to tender documents 1. from the date of advertisement of procurement or an ad is published, 2. from the date of the invitation to confirm the interest is sent to tenderers, or 3. from the date of the invitation to tender or to negotiate, is sent to the selected candidates, if the invitation to tender is a ad on qualification system.



The first subparagraph shall not apply if the deadline set following an agreement under section 7, first paragraph, or be shortened in an accelerated procedure pursuant to section 10.



Accelerated procedure section 10 if, due to lack of time, it is not possible to apply the deadline for tenders by open procedure provided for in § 2 or 6, the deadline shall be deemed to be not less than 15 days from the date of the advertisement of procurement was sent for publication.



12 Cape. Communication, information to vendors and documentation



Communication



Communication with publicly available electronic resources section 1 contracting entities and a vendor should use electronic means when communicating with each other during a procurement. The device should indicate the electronic means to be used.



Electronic means referred to in the first subparagraph shall be non-discriminatory and publicly available. The funds will be possible to use with such hardware and software as well as such other equipment as is generally used.



In 2-5 § § provides for a derogation from the obligation to communicate with widely available electronic means.



Communication with other funds § 2 contracting entities may, where necessary, designate the suppliers an appropriate electronic means of communication, even though the vehicle does not meet the requirements of paragraph 1, second subparagraph.

The unit should in such cases offer free access to the electronic medium.



3 § If it because of the nature of the contract, it is not possible to use any electronic means which complies with the requirements of paragraph 1, a contracting entity may use or designate other means of communication.



If the condition referred to in the first subparagraph concerns a part of the contract, the device use or designate other means of communication only in part.



4 § a contracting entity may use or designate other means of communication than such electronic means referred to in paragraph 1 to the extent that it is necessary because of the

1. security flaws in publicly available electronic communications services, 2. deficiencies in the information security of the unit, or 3. the particularly sensitive nature of the information to be made available.



The ability to use or assign other means of communication than electronic applies only if an adequate level of protection for the data can not be provided through the use of electronic means referred to in paragraph 2.



§ 5 oral communication may be used for a procurement, if communication did not relate to the essential parts of the contract and the contracting entity documents such data from the communication that is relevant to the procurement. Oral communication, however, should not be used for the procurement according to the dynamic purchasing system.



Information on the use of electronic means



section 6, contracting entities shall ensure that information regarding the specifications necessary for the electronic submission of requests to participate and tenders, including encryption and time stamping, is available to all concerned.



Advanced electronic signature



Article 7 a contracting entity may require that electronic requests to participate and tenders shall be equipped with such an advanced electronic signature within the meaning of article 3 of Regulation (EC) No 910/2014 of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, in the original wording.



Security in electronic communication



section 8, contracting entities shall ensure that communications by electronic means under a procurement is carried out in a safe way with regard to the risks associated with the different stages of the procurement process.



The device must have the equipment to safely electronically receive and determine the exact time of


the receipt of requests to participate and tenders, as well as to the forwarding of plans and projects. The equipment shall be equipped with safety devices to it within reasonable limits can be ensured that



1. no one has access to the data transmitted electronically before the expiry of the time limit laid down, 2. only authorized persons may then have access to the data, and 3. It is possible to track if someone unauthorized has taken part of the data.



The Government, with the support of Chapter 8. section 7 of the Constitution notify the details of the safety devices.



Management of tasks in a relation



§ 9 communication and storage of information in a relation should be carried out in such a way that the data are not distorted.



Opening of requests to participate and tenders section 10 a contracting entity may not take note of the contents of the requests to participate and tenders after the time limit for requests to participate and tenders have gone out.



Tenders shall be opened at the same time, and as soon as possible after bid closing by an Ordinance in which at least two people designated by the contracting entity shall take part. Tenders must be placed in a list, which shall be authenticated by those participating in the ceremony. At the request of the Tenderer shall, in addition, a person who is appointed by a Chamber of Commerce to attend. The costs shall be paid by the person making the request.



Information for suppliers



Supplementary information section 11 a contracting entity shall, on request of a supplier provide additional information on procurement documents not later than six days before the deadline for the tender, provided that the information has been requested in good time. The disclosures shall be made in writing to all suppliers that are participating in the procurement procedure.



In a fast-track procedure under Chapter 11. paragraph 10 should supplementary information be provided no later than four days before the closing date for tenders.



Notification of decisions



section 12 contracting entities shall as soon as possible inform candidates and tenderers of the decisions that have been made to award a contract or to enter into a framework agreement. The notification shall include the reasons for its decision and stating the period during which the contract under Chapter 20. § 1 may not be concluded (Contracting locking).



A written notice shall be given as soon as possible to the candidates and tenderers even when the device decides to cancel a contract after invitation to tender and in decision making about a procurement. In the notification, the reasons for the refusal.



Information on request of a supplier



paragraph 13 of the contracting entities shall notify to the candidates or tenderers who so request disclose the reasons why the vendor's application has been rejected or tender has been rejected.



Contracting entities shall, on the request of a tenderer who has made an admissible tender disclose 1. the characteristics and relative advantages of the tender selected and the name of the successful tenderer or the parties to the framework agreement, and 2. where appropriate, how the negotiations or dialogue with bidders has proceeded.



Information referred to in the first and second paragraphs shall be submitted as soon as possible and at the latest within 15 days of a written request came in.



Documentation



Documentation duty



section 14 of the contracting entity shall document the implementation of a procurement. The documentation should be sufficient to justify the decision during all stages of the contract.



Documentation, or the main features of it, shall, on request, be sent to the European Commission or the supervisory authority referred to in Chapter 22. § 1.



Information on procurement procedures, section 15, contracting entities shall keep appropriate information on each contract awarded, framework agreements and dynamic purchasing systems established.



The information is retained will be adequate to at a later date to justify decisions



1. the eligibility, exclusion and selection of suppliers and award of contracts, 2. use of the negotiated procedure without prior advertising, 3. the application of the provisions of Chapter 3. If that specific procurement shall be excluded from the scope of the Act, and

4. to approve the submission of tenders by means other than electronic.



Information, or the main features of it, shall, on request, be sent to the European Commission or the supervisory authority referred to in Chapter 22. § 1.



Retention of documents



section 16 of the Archives Act (1990:782) contains provisions on authorities and certain other bodies ' archive. For a contracting entity not subject to the Archives Act apply to the second and third paragraphs.



When a contract is completed, contracting entities at a safe way store requests to participate and tenders with associated descriptions, models and drawings, and tender lists, tables, documents referred to in paragraphs 14 and 15 and the like. The documents shall be kept for at least four years from the date of award of the contract.



Contracting entities shall also maintain the contracts or the framework agreements which have been concluded after the procurement under this Act.

The contract or the framework contract shall be kept at least during his term.



Access to contract



section 17 of Chapter 2. freedom of the Press Act provides for public access to documents. For a contracting entity is a contracting authority and who shall not apply the provisions concerning sections 18 to 23.



section 18 of the contracting entity is a contracting authority shall, on the request of an interested supplier provide a copy or a transcript of a contract that is preserved under section 16, third subparagraph, and concluded with a value of at least 1. EUR 1 000 000 for the supply or service contracts, and



2. EUR 10 000 000 for works contracts.



section 19 of A task in a contract if the business or operating conditions of the supplier's or the contracting entity's movement that is kept secret and the disclosure of which is liable to cause harm to any of them in terms of competition, cannot be left out.



A task in a contract that leaves or may contribute to the disclosure of a safety or security measure of the contracting entity may not be disclosed, if it can be assumed to mean that the purpose of the measure is discouraged.



section 20 of a request for access to a contract should be treated promptly.



When a contracting entity is dealing with a case of dropping out a contract, it shall apply the provisions of


motivation of decisions and notification of decisions 20 and 21 of the Administrative Procedure Act (1986:223).



section 21 of a contracting entity may not charge for dropping off a copy or a transcript of a contract, if the copy or printout includes fewer than ten pages. For a copy or a transcript that includes ten pages, the device take a maximum of 50 pounds. For each page, in addition, the device to not more than 2 pounds.



If the device may charge for a copy or printout referred to in the first subparagraph, the unit also take out compensation for

1. postage costs if the item weighs more than 50 grams and



2. c.o.d. fee or other specific cost to by post, courier or other similar agency send the copy or the printed output to the receiver.



section 22 a decision not to disclose a contract or information in a contract may be appealed to the administrative law with jurisdiction over the domicile of the contracting entity.



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



section 23 If a decision not to disclose a contract or information in a contract, the contracting authority shall be the individual's counterpart since the file has been handed over to the Court.



Chapter 13. The exclusion of suppliers



When a contracting entity which is an authority to exclude a supplier



section 1 contracting entities that are contracting authorities to exclude a contractor from participating in a qualification system or a contract, if the device through an inspection according to chapter 14. section 3 or otherwise becomes aware that the provider according to a judgment as a res judicata 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 26 May 1997 drawing up, on the basis of article k.3(2)(c) of the Treaty on European Union, the Convention on the fight against corruption involving officials of the European communities or officials of Member States of the European Union, corruption within the meaning of article 2(1) of Council framework decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector , or corruption under national rules,



3. fraud within the meaning of article 1 of the Convention drawn up on the basis of article k.3 of the Treaty on European Union, on the protection of the European Communities ' financial interests,



4. money laundering or the financing of terrorism, as defined in article 1 of European Parliament and Council Directive 2005/60/EC of 26 October 2005 on the prevention of the use of the financial system for money laundering and terrorist financing, in wording pursuant to European Parliament and Council directive 2010/78/EU, 5. terrorist offences or offences linked to terrorist activities, as defined in article 1 and 3 of Council framework decision 2002/475/JHA of 13 June 2002 on combating terrorism or inciting, aiding, abetting and attempting to commit a crime within the meaning of article 4 of the framework decision, or



6. trafficking in human beings as defined in article 2 of European Parliament and Council Directive 36/EU of 5 april 2011 on preventing and combating trafficking in human beings and protecting its victims and replacing Council framework decision 2002/629/JHA, in the original wording.



The supplier is a legal person, the supplier shall be excluded if a person included in the provider's administrative, management or supervisory bodies have been convicted of the crime. The same applies if the person who has been convicted of the offence are powers of representation, decision or control vendor.



Unpaid taxes and social security contributions



section 2 of the contracting entity is a contracting authority to exclude a contractor from participating in a qualification system or a contract, if the device through an inspection according to chapter 14. section 3 or otherwise becomes aware that the supplier has not fulfilled obligations relating to the payment of taxes or social security contributions in their own country or in the country where the qualification system is managed, or in which the contract is awarded, and this has been established through a binding court ruling or administrative decision that has a legal effect.



Contracting entities that are contracting authorities may exclude a contractor from participating in a qualification system or a contract, if the device is in a similar appropriate manner can show that the obligation referred to in the first subparagraph have not been completed.



When a contracting entity may exclude a supplier



paragraph 3 a contracting entity other than a contracting authority, on the grounds set out in paragraphs 1 and 2 exclude a contractor from participating in a qualification system or a procurement.



section 4 of the contracting entities may, in addition to the provisions of paragraphs 1 and 2, exclude a supplier from taking part in a qualification system or in a tender, if



1. the unit can show that the supplier has breached the applicable environmental, social or labour law obligations, 2. supplier



a) is bankrupt or is subject to insolvency or winding-up proceedings;



b) is the subject of the courts,



(c)) has entered into an arrangement with creditors, or



d) has suspended business activities or is in any analogous situation arising from a procedure under national laws and regulations that are similar to those referred to in (a) to (c),



3. the unit can show that the vendor has been guilty of any misconduct that allows the vendor's integrity is questionable,



4. the unit has sufficiently plausible evidence that the vendor has entered into agreements with other vendors who seek to distort competition,



5. the provider has shown serious or persistent deficiencies in the performance of any of the essential requirements in an earlier contract in accordance with this Act, the Act (2016:1145) on public procurement law (2016:1147) on the award of concessions or Act (2011:1029) on procurement in the field of defence and security, and this has meant that the previous contract has been terminated prematurely or led to damages or comparable penalties ,



6. the device is not able to avoid a distortion of competition or does not ensure an equal treatment of suppliers because of conflict of interest and this cannot be eliminated by other less restrictive measures than the exclusion of the supplier,



7. the device by other less restrictive measures than


exclusion of supplier's remedy distortions of competition because of such earlier involvement of the supplier referred to in Chapter 4. section 7,



8. the supplier in severe extent



a) has submitted incorrect information if the information can be requested to check that there is no basis to exclude the supplier from joining the qualification system or contract pursuant to this chapter or Chapter 14. section 3 or that the vendor meets the criteria for exclusion and eligibility according to chapter 14. 1 and 2 sections,



b) have withheld such information, or



(c)) has not provided any supporting documents that the unit has requested under Chapter 14. section 3, or



9. the supplier improperly tried to influence the decision-making process of the contracting entity or the acquisition of classified information that can provide the supplier with undue advantage in the qualification system or contract or negligently have provided misleading information that can have a significant impact on the decisions made in the course of the procedure concerning the exclusion of providers from participating in the qualification system or procurement, selection of suppliers must be classified in the qualification system and the award of contracts.



Investigation



paragraph 5 of the contracting entity shall, before it decides to exclude a supplier, give the supplier the opportunity to submit observations within a specified period of time over the circumstances under the device constitutes grounds for exclusion.



Exception to the exclusion in some cases



6 § a vendor covered by any cause under 1 or paragraph 4, should not be excluded if the supplier proves that it is reliable in that it has



1. replaced or undertaken to pay the damage caused by the offence or abuse,



2. clarified the conditions and circumstances exhaustively by actively cooperate with the investigating authorities, and



3. taken concrete technical, organizational and personnel measures designed to prevent crimes or abuses.



The measures taken by the supplier shall be assessed having regard to the seriousness of the offence or misskötsamhetens and the specific circumstances surrounding these.



A vendor who has fulfilled obligations relating to the payment of taxes and social security contributions, including interest and penalties, or entered into a binding agreement concerning payment or equivalent shall not be excluded on the grounds referred to section 2.



Article 7 a contracting entity may fail to comply with an obligation to exclude a supplier, if justified by an overriding reason relating to the public interest.



Decision on exclusion



section 8, a contracting entity may at any stage of a procurement procedure to exclude a contractor from participating in the tender, if it turns out to be the basis for exclusion.



Contracting entities shall, as soon as possible notify a provider in writing of the decision and the reasons for it.



Chapter 14. Qualification



The determination of the conditions for exclusion and eligibility



section 1 contracting entities may establish a procurement objective conditions for exclusion and the qualification and must ensure that these conditions are available to the prospective vendors.



If the entity is a public authority, it shall establish the bases for the exclusion of suppliers insofar as shown in chapter 13.



section 2 contracting entities may apply such qualification requirements referred to in chapter 14. Article 1, first paragraph (2016:1145) on public procurement for the selection of suppliers. The unit should in that case apply chapter 14. 1-5 of the Act.



Control of contractors 3 § contracting entities shall apply the 15 Cape. 1-13 of the law (2016:1145) on public procurement when the 1. checks whether a provider should be excluded pursuant to chapter 13. 1 to 4 sections, and



2. check whether a provider complies with the requirements referred to in paragraph 2.



Qualification system



Establishment of a system of qualification



4 § a contracting entity may hold a qualification system for suppliers selection in advance to participate in restricted procedures, competitive dialogue or negotiated procedures, procedures for the establishment of innovation partnerships. Participation in a qualification system may be limited to contracts of one or more categories of goods, services and works. A qualification system may involve different qualification stages.



A provider should be able to apply to become qualified to the qualification system.



When a qualification system shall be established and implemented, 2, 3, 11, 14 and 16, paragraphs 18 and 19, 10. paragraph 4 and 15.

applied.



Determination of requirements and rules for the qualification system



§ 5 the contracting entity shall specify the requirements, a supplier must meet in order to qualify under the qualification system and, in so far as can be seen from Chapter 13., grounds for exclusion from the qualification system.





The adjudicating entity shall also specify the rules for the operation of the qualification system, such as rules for registration in the system, the regular updating of qualifications as well as the system's validity.



The device shall set the requirements and policies by reference to other company qualification system. Requirements and rules shall be provided to the vendor that requests it.



Requirements for qualification referred to in the first subparagraph may, if necessary, updated. Interested suppliers should be informed of the changes that have been made.



Technical specifications



section 6, if the requirements for participation in the qualification system comprises technical specifications, the provisions of Chapter 9. 1 to 11 and 13 to 16 §§ apply in respect of the specifications.



Decision on the qualification of a supplier



Article 7 a contracting entity which has a qualification system shall, within six months, examine an application from a vendor to participate in the system, and inform the applicant of the decision.

If the decision is not going to be taken within four months of the date on which the application was made, the contracting authority shall, within two months of that date, inform the applicant of the reasons why this will take longer, and specify when the decision will be taken.



Requests to participate in a system of qualification may be refused only in application of such criteria referred to in paragraphs 5 and 6.



An applicant whose application is refused shall be informed of the decision and of the reasons for this as soon as possible and at the latest within 15 days after the decision has been taken.




Notification of expulsion is being considered



section 8 if a supplier has qualified, contracting entities which have a qualification system to exclude the supplier only with the application of such criteria referred to in paragraphs 5 and 6.



Contracting entities may not exclude a supplier unless the supplier previously notified in writing that there is a risk of exclusion and of the reasons for it.

The notification shall be sent at least fifteen days before the date on which the decision is taken.



List of suppliers



§ 9 the suppliers by the contracting entity has been admitted to the qualification system shall be entered in the list. The list will show if a vendor qualification is limited to contracts of one or more categories of goods, services and works.



Qualified provider should be selected



section 10 If a call for competition is made by an advertisement on the qualification system, only the already qualified suppliers to participate in the system.



Providers and other corporate capacity



Vendors ' reliance on other companies ' capacity



section 11 A provider may rely on other companies ' capacity to meet the requirements relating to the economic and financial capacity or technical and professional capacity.



When capacity applies relevant professional experience, or a service provider or building entrepreneurial educational and professional qualifications or equivalent data on leading people at the company, the supplier may rely on other companies ' capacity only if the same companies shall perform the services or works for which capacity is required.



The first and second paragraphs applies regardless of the legal nature of the relations between the supplier and the companies. It is the supplier who must show that it will be able to have at its disposal the necessary resources when the contract is to be performed.



Reliance on other companies ' capacity at a procurement



section 12 Of the terms and conditions in order to qualify for a contract are those referred to in section 2, and chapter 13. 1-4 paragraphs, contracting entities shall apply the 15 Cape. 1-14 § § the Act (2016:1145) on public procurement when it checks to see if the other companies whose capacity one provider CITES meet the eligibility requirements of the contract and if the circumstances are grounds for exclusion.



If, upon inspection found that the referenced entity does not meet the requirements under Chapter 13. section 1 and section 2 of the first paragraph that the contracting entity refers to the applicable eligibility requirements, the contracting entity shall request the supplier replaces the company to another company.



paragraph 13 of the contracting entities may require that the undertaking whose capacity provider invokes commit themselves jointly and severally liable for performance of the contract the supplier if the capacity invoked relating to economic and financial standing.



Other business capabilities at qualifying as a qualification system



section 14 if a vendor invokes other business capacity, the supplier shall demonstrate that it has at its disposal the necessary resources throughout the period of validity of the qualification system.



section 15 of the conditions of a contract are to be assigned to those referred to in section 2, and chapter 13. 1-4 paragraphs, contracting entities shall apply the 15 Cape. 1-14 § § the Act (2016:1145) on public procurement when it checks to see if the other companies whose capacity a vendor claiming meets the requirements of the qualification system and if these business conditions are grounds for exclusion.



If, upon inspection found that the referenced entity does not meet the requirements under Chapter 13. section 1 and section 2 of the first subparagraph which the contracting entity has referred to, the contracting entity shall request the supplier invokes another company's capacity.



section 16 of the contracting entities may require as a condition of participation in the qualification system that the company whose capacity provider invokes commit themselves jointly and severally liable for performance of the contract the supplier if the capacity invoked relating to economic and financial standing.



Requirements with regard to certain critical tasks



section 17 the contracting entities may require that certain information which is essential for the acquisition will be conducted by the supplier itself if the contract relates to a service, a work or a mounting or installation work within the context of a procurement of goods.



Quality assurance and environmental management standards



Quality assurance standards



section 18 If the procuring entity requires suppliers showcasing a certificate issued by an independent body, that the supplier complies with certain quality assurance standards, including standards for accessibility for people with disabilities, the device should clarify the requirements by refer to quality assurance systems based on the relevant European standards series certified by bodies accredited for indication.



The device shall accept an equivalent certificate from any other body that is established in the European economic area (EEA).



When the provider cannot access the certificate within the specified time limit and this is not due to the supplier or any circumstance on the vendor's page, the device should accept other proof that the vendor has taken steps that lead to equivalent quality assurance, if the vendor indicates that the measures are consistent with the quality assurance standards to which the device is required.



Environmental management standards



Article 19 If the procuring entity requires suppliers showcasing a certificate issued by an independent body, if the supplier follows certain environmental management system or environmental management standards, the device should specify requirements by reference to



1. European Parliament and 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), in wording, in accordance with Council Regulation (EC) No 517/2013,



2. other environmental management system recognised in accordance with article 45 of the regulation, or



3. other environmental management systems based on the environmental management standards based on the relevant European or international standards certified by bodies accredited for indication.



The device shall accept an equivalent certificate from any other body that is established in the European economic area (EEA).



When a provider cannot access the certificate in the


time limit and this is not due to the supplier or any circumstance on the vendor's page, the device should accept other proof that the vendor has implemented environmental management measures, if the vendor can demonstrate that measures are equivalent to those required in the environmental management system or environmental management standard that authority has demanded.



15. The evaluation of tenders and award of contracts



Evaluation and award



The award of contracts and the basics of evaluation



section 1 contracting entities shall award the contract to a supplier whose tender is the most economically advantageous for the device.



The most economically advantageous tender is to be evaluated at any of the following grounds:



1. best price-quality ratio,



2. cost, or



3. price.



The device will be in one of the procurement documents the basis for evaluation of tenders which it intends to use.



Award criteria



§ 2 When a contracting authority evaluates the tenders on the basis best price-quality ratio, it shall assess the tenders on the basis of criteria related to the acquisition.



An award criterion shall be considered to be directly related to the goods, services or works to be procured if the contract is in any way related to the product or service or to the structure during any stage of the life cycle.



The award criteria shall ensure effective competition and may not give the contracting authority an unrestricted freedom of choice. They should be presented so that it is based on the vendor's data goes to check how well a tender satisfies the criteria. If there is reason to drive make sure that the vendor's information is accurate.



§ 3 When a contracting authority evaluates the tenders on the basis of cost, the device should assess the effects in terms of cost effectiveness, such as an analysis of the costs over the life cycle of the products, services or works.



Life-cycle costs



4 § When a contracting authority evaluates the tenders referred to in paragraphs 2 and 3, the assessment be based on an analysis of the costs over the life cycle of the product or service or the construction works to be procured.



Life-cycle costs may include the costs of environmental externalities related to the acquisition, about the environmental impact can be fixed at an amount of money that can be controlled.



If the device is intended to take account of life-cycle costs in the evaluation, it shall indicate in the procurement documents which tasks receive from vendors for this purpose and which method the device will use to determine life cycle costs.



§ 5 the contracting authority's methodology for assessing costs for environmental effects according to paragraph 4(2) shall be based on objectively verifiable and non-discriminatory criteria. They must not unduly benefit or disadvantage certain of the vendors. The method to be available to suppliers.



The method should be designed so that the required information with reasonable efforts shall be supplied by a diligent supplier.



Weighting of award criteria



6 § when the basis for the evaluation of the bids is the best price-quality ratio, or cost, relative weighting to the award criteria. They may be weighted within a range with an appropriate maximum spread.



If the criteria are not can be weighted, the device should consider them through an order of priority.



The device will be in one of the procurement documents how the criteria should be weighted or what order of priority to be applied.



Abnormally low tenders



section 7 If an offer seems to be abnormally low, the contracting authority should request the supplier explaining the low price or cost. Such a request for explanation may apply



1. If the supplier can take advantage of a particularly cost effective methods to perform the contract,



2. If the supplier can apply technical solutions or exceptionally favourable conditions for performance of the contract,

3. the individuality of the supplies, services or works which are proposed by the supplier,



4. how the vendor intends to perform the contract in respect of the environmental, social and labour law obligations,



5. If the supplier can receive State aid, or



6. the obligations referred to in Chapter 16. 6 or 7 sections.



The device should reject the tender if the supplier does not satisfactorily explain the low price or cost.



Contracting entities shall also reject a supplier's offer if it finds that the abnormally low prices depends on the tender does not comply with applicable environmental, social or labour law obligations.



section 8 If a contracting entity establishes that a tender is abnormally low on grounds that the vendor obtained a State aid, the device should give the supplier an opportunity to within a reasonable period of time to show that the aid is compatible with the Treaty on the functioning of the European Union (TFEU).



If the vendor after a measure referred to in the first subparagraph have not demonstrated that the aid in question is compatible with the Treaty on the functioning of the tender shall be rejected.



Contracting entities which reject a tender on the basis of the second subparagraph shall inform the European Commission about it.

Decision not to award contracts in some cases



§ 9 about a vendor bid not in compliance with applicable environmental, social or labour law obligations, the unit may decide that the supplier will not be awarded the contract.



16. Performance of the contract



Special conditions for performance of contracts section 1 contracting entities may lay down special environmental, social, labour and other conditions of how a contract is to be performed.



Special conditions for performance of contracts should be related to that which is acquired within the meaning of chapter 15. paragraph 2 and specified in the procurement documents.



When a supplier engages subcontractors for the performance of a contract



Details of planned subcontractors



section 6, a contracting entity may request that a service provider should submit information on the



1. whether, and if so, the proportion of the contract which the service provider may accomplish by posting on anyone other than the provider, and



2. the subcontractors the supplier intends to hire to perform the contract in that part.



The device will be in one of the procurement documents the information provider must submit.



Information to be provided before the commencement of the performance of a contract




Article 7 a contracting authority shall demand that the vendor has assigned to a contract relating to a work or a service to be provided in an establishment under the direct supervision of the unit, shall specify the names and contact details of the subcontractors hired and for the legal representative of the subcontractors. The data shall be submitted before the provider initiates the execution of the contract.



The device shall also require the vendor to inform the unit of any change of name and contact data made during the term of the contract.



The first and second subparagraphs shall not apply if the subcontractor is a supplier.



Changes of contracts and framework agreements



Changes without requiring a new procurement section 8 a contract or a framework agreement may be changed without a new procurement, if the change is made by virtue of any provision of sections 9 to 14.



Changes of lesser value



§ 9 a contract or a framework agreement may be changed without a new procurement, if the contract or framework agreement horizontal nature is not changed and the increase or decrease in the value of the contract or framework contract is lower than



1. the thresholds referred to in Chapter 5. paragraph 1, and



2.10% of the value of the contract or framework contract, in the case of supply contracts or service contract, or 15 percent of the value of the contract or framework contract, in the case of procurement of construction contracting.



When the value of the change is estimated to be the same principles be used as in the estimation of the value of the contract in accordance with Chapter 5.



If multiple changes are made for each other, the net cumulative value of the amendments to be compared with the values specified in the first subparagraph.



Or option clauses



section 10 a contract or a framework agreement may be amended in accordance with a modification or option clause without a new procurement must be carried out, if the contract or framework agreement does not change the overall character and clause



1. specified in any of the tender documents in the original contract, 2. clearly, precisely and unambiguously describes the conditions under which it can be applied, and



3. specify the scope and nature of the changes that can be made.



Supplemental orders



11 § A complementary order for goods, services or works may be made from the vendor that has been awarded the contract without a new procurement must be carried out, about 1. the order has become necessary,



2. the supplier for economic or technical reasons, cannot be changed, and



3. a change of supplier would cause significant inconvenience or significantly higher costs for the contracting entity.



Unforeseeable circumstances



section 12 of a contract or a framework agreement may be changed without a new procurement, about need of the change is due to circumstances which the contracting entity neither foresaw or should have foreseen at the time the decision to award the contract or the conclusion of the framework agreement and the change does not mean that the overall nature of the contract or framework contract is changed.



Change of supplier



section 13 a contract or a framework agreement may be amended by a vendor is replaced with another provider without a new contract notice, if



1. the new provider must be exercised in whole or in part in the original supplier's place as a result of corporate restructuring, including take-overs, mergers, acquisitions, or insolvency, and



2. the fact that a new supplier in whole or in part shall arise in the original supplier's place does not cause significant modifications of the contract or framework agreement.



A change of supplier in accordance with the first paragraph implies that the new provider should not be excluded under Chapter 13. section 1 or section 2 of the first subparagraph and that it meets the conditions for exclusion and qualifications submitted in the initial procurement according to chapter 14. 1 and 2 sections.



A subcontractor of the supplier may without a new procurement also enter the provider's place as a result of an agreement between the supplier, the unit and the subcontractor.



Changes that are not significant section 14 of a contract or a framework agreement may be changed without a new award despite the fact that the change is not subject to the provisions of sections 9 to 13, if the change is not significant.



An amendment shall be deemed to be substantial. If the



1. faced with new conditions, if they had been included in the original contract, would have meant that the other candidates invited to tender, that other bids would have been included in the evaluation or to additional suppliers would have participated in the procurement,



2. means that the contract or framework agreement's economic balance changed in favour of the vendor to which you have assigned the contract or is a party to the framework agreement,



3. does the scope of the contract or framework agreement significantly expanded, or



4. does a change of supplier.



Calculation of the value of the contract or framework agreement before making a change



section 15 for the purposes of section 9, the contract or the framework contract value before the change is calculated in accordance with an index clause, if one is included in the contract or framework agreement.



Advertising on the amendment of the contract or framework agreement



16 § contracting entities which have amended a contract or a framework agreement by virtue of section 11 or 12 should indicate this in an ad.



The Government may provide for the content and the publication of the advertisement.



Termination of contracts and framework agreements



section 17, contracting entities shall ensure that contracts and framework agreements awarded by procurement under this law contains conditions which make it possible to conclude the contract or framework agreement, if



1. it has been the subject of a change that is not permitted under sections 9 and 14,



2. the supplier at the time of the decision to award the contract or the conclusion of the framework agreement was in any of the situations referred to in chapter 13. § 1 and should have been excluded from the contract under that provision, or



3. The European Court of Justice in the proceedings referred to in article 258 of the Treaty on the functioning of the European Union (TFEU) find that Sweden, by allowing the contracting entities concluding the contract or framework agreement, a serious breach of their obligations under the Treaty in respect of the European Union, the Treaty on the functioning of the European Parliament and of the Council or directive 25/EU of 26 February 2014 on procurement by entities operating in the water , energy, transport and postal services and repealing Directive 2004/17/EC.




The conditions for terminating the contract or a framework agreement shall be specified in any of the tender documents.



Chapter 17. Design contests



Scope



section 1 of this chapter applies to design contests



1. included in a tender for a service, or



2. includes payments to participants or competition prizes.



Advertising



section 2 contracting entities which intend to carry out a design contest shall inform about the competition through an ad. If the Unit intends to award a contract under the negotiated procedure without prior advertising, it is stated in the advertisement for the competition. The device will be in the ad, indicate the criteria for the assessment of the entries to which it intends to use.



The device should send a efterannons of the results of the contest within 30 days after the contest ended.



The Government may provide for the content and the publication of ads under this chapter.



Selection of participants



section 3 a design contest may be limited to a certain number of participants. The contracting entity shall specify the criteria for selecting the advertisement of participants. The number of participants who will be invited will be so large that effective competition is achieved.



The right to participate in a design contest may not be limited only to natural or legal persons, on the ground that the law of the Member State in which the contest is organised would require it.



The jury and its composition



section 4 of The jury will designate winning contributions in a design contest.

The jury shall consist of individuals who are impartial and independent of participants in the contest. If special professional qualifications are required in order to participate in a contest, at least a third of the members of the jury have equivalent qualifications.



The proceedings in the jury



§ 5 When an entry is presented to the jury, it does not indicate who submitted the. anonymity should remain in force until the jury has delivered its opinion, or announced its decision.



During the examination, the jury only to take account of the criteria for the assessment of the entries specified in the ad about the contest.



Candidates may be invited, if need be by the grand jury to answer questions in order to clarify all aspects.

Complete minutes shall be drawn up of the dialogue between the members of the jury and candidates.



The jury's decision



section 6 of the jury shall be autonomous in its decisions and opinions.

It will rank the entries in a report signed by all jury members. The report shall include a justification for the ranking, as well as the comments and clarification as there may be a need to do.



Chapter 18. Tenders comprising products originating in third countries



Scope



1 § For tenders comprising products originating in third countries with which the European Union has not concluded agreements guarantee company from Union comparable and effective access to the market of that third country, apply paragraphs 2 and 3. However, this does not apply if the subject of the commitments which the Union or Sweden has with third countries.



Rejection of tenders



section 2 contracting entities may, in the award of a supply contract reject tenders comprising products originating in third countries, where the percentage of such goods, as determined by the European Parliament and Council Regulation (EC) no 952/2013 of 9 October 2013, laying down the Community Customs Union, amounts to more than half of the total value of the goods in respect of which the tender covers.



It provided for in the first paragraph also applies to software for use in a telecommunications network.



Preference for several equivalent tenders 3 § If the price differential between two or more tenders are not greater than three percent and tenders are equivalent in the assessment under Chapter 15. section 1, preference is given tenders may not be rejected pursuant to paragraph 2.



19. Procurement below the thresholds and the procurement of services within the meaning of annex 2



Scope



section 1 of this chapter applies to



1. contracts or design contests whose value is expected to be below the threshold referred to in Chapter 5. paragraph 1, and



2. procurement of services of a type specified in annex 2.



The relevant provisions in the procurement section 2 of this chapter shall apply to Chapter 1. (the law's content, scope and definitions), Chapter 2. (mixed contracts), "Chapter 3. (exception from the Act's scope), – Chapter 4 (General provisions), except section 6 on the limitation of the number of candidates, 9 and 10 section for selection of tenders and 11-15 sections of the award of a contract in separate parts,



– Chapter 7. (framework agreements, central purchasing bodies and other coordinated procurement), except 9-18 sections on joint procurement with the device from another Member State,



– Chapter 8. 1-14 § § (dynamic purchasing systems), except section 6, if changes in the duration, 8 and 11 sections on time limits, as well as sections 12 and 13 of the award of contracts and self-declarations by suppliers, – Chapter 9 section 6 (details and references that cannot be included in the technical specifications), – Chapter 9 13-16 §§ (labelling),-16 Cape. section 1 (special conditions for performance of contracts),-20 chapter. (Contracting locking, justice and reparation),-21 Cape. (procurement injury fee), and to 22. (supervision).



paragraph 3 of the award pursuant to this chapter shall apply the provisions on competitive dialogue in Chapter 4. section 6, Chapter 6. 1 § 5 and paragraphs 13 to 22, 10. 10 and 11 sections and Chapter 11. 3

§.



For the procurement of services of the kind referred to in annex II, whose value is equal to or exceeds the threshold laid down in Chapter 5. Article 1, also apply to the provisions relating to the technical specifications in Chapter 9. 1 to 5 and 7 to 12 sections, about advertising in 10 Cape. 1, 2, 4 and 5 sections and on the preservation of information in Chapter 12. section 15.



A particular qualification system according to chapter 14. 4 – 10 sections may be available for the use of the selection procedure for the award of the contracts or the framework agreements in accordance with this chapter.



Definitions relating to this chapter 4 section With direct procurement referred to a contract without tender in some form.



section 5 With simplified procedure ' means a procedure where all suppliers have the right to participate, participating providers to submit tenders and the contracting authority may negotiate with one or more bidders.



section 6 with the selection procedure means a procedure where all suppliers have the right to apply for tender, the contracting authority invites vendors to leave


tender and the contracting authority may negotiate with one or more bidders.



Procurement procedures section 7 a contract under this chapter shall be made by simplified procedure, selection procedure or, in the case of a dynamic purchasing system, through a restricted procedure within the meaning of Chapter 6. section 3. By a simplified procedure or a procedure, an electronic auction conducted in accordance with Chapter 8. 15-27 sections.



Competitive dialogue may, in accordance with paragraph 3, shall be used unless a simplified procedure or selection procedure allows for the award of contracts.



Direct agreement contract may be used if the value is less than or equal to 26% of the threshold referred to in Chapter 5.

§ 1 and that applies for the procurement of goods and services.

In addition, direct procurement be used as appropriate in those cases where the conditions of the negotiated procedure without prior advertisement pursuant to Chapter 6. 5-12 sections are met or if there are serious reasons. The contracting entity shall decide on the guidelines for the use of direct procurement.



Calculation of the value of a procurement section 8 the value of a contract shall be estimated as the total amount to be paid in the contract. A procurement may not be split up with the intention to evade the provisions of this law.



The calculation shall take into account the options and extension clauses that if they used.



In the calculation, the contracting entity shall take into account the direct procurement of the same kind made by the unit during the fiscal year.



Advertising



§ 9 in the simplified procedure, the contracting entity shall request the tender by advertisement in an electronic database, which is publicly available.



In the selection procedure, the contracting entity publish an applications through an advertisement in an electronic database, which is publicly available. The unit, in its invitation to set the number of suppliers that it intends to invite. The number should be determined by the nature of it to be procured and be large enough that the effective competition will be achieved.



Contracting entities which establish a dynamic purchasing system shall publish an applications through an advertisement in an electronic database, which is publicly available. Your ad will be available in the database for the entire validity period of the dynamic purchasing system.



section 10 a contracting entity may publish adverts on procurement as applicable to procurements under Chapter 10.



Content in an ad



section 11 of an advertisement contract notice referred to in section 9 shall contain an indication of the subject-matter of the contract and the contact details of the contracting entity.



An entity which intends to reserve the right to participate in a tender pursuant to Chapter 4. section 16, be in the ad, according to § 9 indicate that the contract will be carried out in accordance with the provisions relating to the reserved procurement.



12 § at the summary procedure to the advertisement of procurement include 1. How tender may be submitted;



2. the day on which the tenders will be received at the latest, and



3. on the date to which tenders shall be binding.



In the selection procedure, the ad with the applications include



1. how requests may be made, 2. on the day the application was last to be received, and 3. the day to which tenders shall be binding.



Advertising on the award of contracts by direct agreement



section 13 a contracting authority which intends to award a contract by direct agreement shall notify of his intention through an advertisement in an electronic database that is widely available.



The Government, with the support of Chapter 8. section 7 of the Constitution provide for the content of an advertisement under this section.



Electronic access to tender documents section 14 of the contracting entity in accordance with section 9 of the advertising by electronic means offer unrestricted and full direct free access to tender documents from the date on which the advertisement is published. The internet address where documents are available shall be stated in the ad.



If the device does not provide access to any of the tender documents referred to in the first subparagraph, the ad discloses how providers can gain access to the document in any other way.



The first and second paragraphs applies even when the Contracting Authority announces procurement notice under 10 Cape.



Time-limits for requests to participate and tenders section 15 candidates and tenderers shall be given a reasonable time to submit applications and tenders. Time to come in with requests, however, may never be less than 10 days from the date on which the applications were published pursuant to section 9 of the second or third paragraph.



On a dynamic purchasing system shall not have any deadlines apply to requests following the invitation to tender for the first specific contract passed.



Communication



section 16 of the provisions in Chapter 12. 1 – 9 sections and section 10 of the first subparagraph shall apply in the case of contracts referred to in this chapter.

The provisions of Chapter 12. paragraphs 1 to 5 shall not apply in the case of direct procurement.



Opening of tenders



section 17 of the tenders shall be opened at the same time, and as soon as possible after bid closing by an Ordinance in which at least two people designated by the contracting entity shall take part.

Tenders must be placed in a list, which shall be authenticated by those participating in the ceremony. At the request of the Tenderer shall, in addition, a person who is appointed by a Chamber of Commerce to attend. The costs shall be paid by the person making the request.



Control and exclusion of providers



section 18 of the contracting entity is a contracting authority to exclude a contractor from participating in a contract in accordance with the prescribed in chapter 13. § 1.



A service provider may be excluded in accordance with Chapter 13. 2-4 paragraphs.



A contracting entity which by the supplier requires information about the conditions referred to in the first and second paragraphs shall in any of the procurement documents or request for information, specify the way in which the provider may make the information.



19 § when checking if a vendor has fulfilled obligations relating to the payment of taxes or social security contributions in Sweden under Chapter 13. section 2 of the contracting entity shall obtain information from the competent authority.



Limited control of contracting entities may restrict checking those documents relating to the supplier's suitability. The supplier shall be given a reasonable time to submit the requested documents.



In a simplified procedure, it shall be requested and checked in relation to the tenderer


the Unit intends to invite to the hearing or, if no hearing takes place, the tender Unit intends to award a contract or framework agreement. Control should be done before the bidders will be invited to the hearing and informed of the decision to award the contract in accordance with section 29.



In a selection procedure or a competitive dialogue shall be requested and checked with regard to the candidates as the Unit intends to invite to submit a tender or to negotiate.



Custom Declaration and control of suppliers in the dynamic purchasing systems



section 21 of A supplier applying to participate in a dynamic purchasing system may also file a private assurance that there is no basis under section 18 of the order to exclude the supplier and the supplier to meet the requirements of the contracting entity.



The contracting authority may, at any time during the validity period of the dynamic purchasing system, request the suppliers approved as participants in the system submits a new such own declaration referred to in the first subparagraph.



Before the contracting authority awarding a contract under the dynamic purchasing system, the device from the vendor that it intends to award the contract request and verify the information that is the basis for such a self declaration referred to in the first subparagraph. The supplier shall be given a reasonable time to submit the requested documents.



The examination of requests to participate and tenders



section 22 a contracting entity should examine all requests to participate and tenders which have been received in a timely manner, subject to section 18.



Access to other companies ' capacity



section 23 A supplier may, if necessary, in relation to a particular contract rely on the capacity of other companies. The supplier shall provide a commitment on the part of the other companies or otherwise demonstrate that the provider will have at its disposal the necessary resources when the contract is to be performed.



Award of contracts



section 24 of the contracting entities shall award the contract to a supplier whose tender is the most economically advantageous for the device.



Which tender is the economically most advantageous tender is to be evaluated at any of the following grounds:



1. best price-quality ratio,



2. cost, or



3. price.



The device will be in one of the procurement documents the basis for evaluation of tenders which it intends to use.



section 25 When a contracting authority evaluates the tenders on the basis best price-quality ratio, it shall assess the tenders on the basis of criteria related to the acquisition.



When a contracting authority evaluates the tenders on the basis of cost, the device should assess the effects in terms of cost effectiveness, such as an analysis of the costs over the life cycle of the products, services or works.



26 § when the basis for the evaluation of the bids is the best price-quality ratio, or cost, relative weighting to the award criteria. They may be weighted within a range with an appropriate maximum spread.



If the criteria are not can be weighted, the device should instead consider them by order of priority.



The device will be in any of the tender documents shall specify the relative weighting. award criteria



Abnormally low tenders section 27 If tenders appear to be abnormally low, the contracting authority should request the supplier explaining the low price or cost.



The device should reject the tender if the supplier does not satisfactorily explain the low price or cost.



The unit should also reject a supplier's offer if it finds that the abnormally low prices depends on the tender does not comply with applicable environmental, social or labour law obligations.



Information for suppliers



section 28 a contracting entity shall, on request of a supplier provide additional information on procurement documents not later than six days before the deadline for the tender, provided that the information has been requested in good time. The disclosures shall be made in writing to all suppliers that are participating in the procurement procedure.



29 § at the summary procedure, selection procedure, competitive dialogue and a dynamic purchasing system shall the contracting entity as soon as possible inform candidates and tenderers of the decisions referred to in Chapter 12. section 12 and submit such information as referred to in Chapter 12.

section 13.



Direct procurement, the procuring entity, when the decision on the supplier and tender, inform the tenderers of the decision as soon as possible.



Such notification or information referred to in the first subparagraph does not imply that a tender will expire.



Documentation



section 30 of the contracting entity shall document the implementation of a procurement. The documentation should be sufficient to justify the decision during all stages of the contract.



The first subparagraph shall not apply if the value is less than 100 000 kroons.



section 31 of the Archives Act (1990:782) contains provisions on authorities and certain other bodies ' archive. For a contracting entity not subject to the Archives Act apply to the second and third paragraphs.



When a contract is completed, contracting entities at a safe way store tenders and requests to participate with their descriptions, models and drawings, and tender lists, summaries, information that is maintained in accordance with Chapter 12. section 15, such documents as referred to in section 30 and the like. The documents shall be kept for at least four years from the date of award of the contract.



Contracting entities shall also maintain the contracts or the framework agreements which have been concluded after the procurement under this chapter. The contract or the framework contract shall be kept at least during his term.



Access to contract



section 32 of Chapter 2. freedom of the Press Act provides for public access to documents. For a contracting entity is a contracting authority and who shall not apply the provisions of § 33 applies.



33 § contracting entities that are contracting authorities shall, on the request of an interested supplier provide a copy or a transcript of a contract relating to the services of a type listed in annex II and which are retained under the third paragraph of section 31, if the contract is concluded with a value of at least EUR 1 000 000.



In the case of disclosure of a contract apply 12 Cape. paragraphs 19 to 23.



Contests section 34 the provisions of chapter 17. 1 and 3 to 6 sections also apply to design contests with a value below the threshold


referred to in Chapter 5. section 1, if the competition's value exceeds the value specified in the third subparagraph of paragraph 7.



For the organisation of design contests shall section 7 apply. A design contest shall be announced in accordance with 9, 11 and 12 sections.



If a contract according to the rules of the competition will be awarded to the winner or to one of the winners, the winner and the winners invited to take part in the negotiations.



20 chapter. The contractual locking, justice and reparations



The contractual locking



General provisions on contracting locking



(1) If a contracting authority is obliged to send a notification of award decisions under Chapter 12. paragraph 12 or 19. section 29 and the notification was sent by electronic means, the contracting entities concluding agreements (contractual barrier) until 10 days have elapsed from the date the notification was sent.



If the notification is sent other than by an electronic medium to any candidates or tenderers, the contract is not concluded until 15 days have passed from the provision.



Where a contracting entity in the notice specify a longer contract barrier than the prescribed minimum period, the agreement will not be concluded until after the expiration of the specified period.



Exceptions to the Agreement barring



section 2 Contracting locking does not apply



1. for the award of contracts for procurement without previous advertisement with the aid of Chapter 6. 5-12 sections, 2. for the award of contracts under the dynamic purchasing system, or



3. in the case of direct agreement under Chapter 19. the third subparagraph of paragraph 7.



The contractual locking at the advertising of the intention to award the contract without prior advertisement



According to section 3 of Chapter 10 in advertising. section 6 or 19. section 13 the contracting entity does not enter into the contract until 10 days have passed from the time the ad appeared.



Review



General provisions on justice



section 4, on application by an operator who claims to have suffered, or may suffer injury, general administrative courts review



1. a procurement, and



2. the validity of a contract concluded between a contracting authority and a vendor.



Competent court



section 5 an application for a review shall be made in the administrative law with jurisdiction over the domicile of the contracting entity.



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



Review of a procurement



section 6, If the contracting entity has violated one of the basic principles in Chapter 4. section 1 or any other provision of this Act, and this has meant that the supplier has suffered or may suffer injury, it shall decide that the contract should be made about or that it may be terminated only after correction has been made.



A procurement may not, be assessed after the agreements have been concluded between the procuring entity and a supplier.



section 7 If the contracting entity under ongoing review of a procurement agreement in violation of 1, 3, 8, 9 or 10, it shall, at the request of the vendor, review contract in accordance with paragraphs 13-15.



Extended contract barring



section 8 on an application for judicial review of an award has been made, the contract continues blocking according to § 1 or 3 to apply for the handling of administrative law (extended contract barring).



The Court may decide that any extended contract barrier should not apply.



Interim decision in appeal of a procurement



§ 9 When Contracting locking according to 1, 3 or section 8 does not apply, the Court may order that the contracting authority may not enter into contracts before anything else.



Right to refrain from making such a decision, if the damage or inconvenience that this decision could mean is greater than the harm which might befall the vendor.



The right to be in the assessment to take into account the interests of users, the public interest and other relevant interests.



Period of 10 days



section 10 When an extended agreement barring applied under section 8, the contracting entity does not enter into the contract until 10 days have elapsed from when 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 passed from the time that the Court has determined the target or suspended the decision. When the Supreme Administrative Court has made a decision under section 9 and decided to refer the case back to the lower courts, the agreement is not concluded until 10 days have passed from the decision for referral.



The Court may decide that any period of ten days shall not apply.



Time limits for the application for review of a procurement



section 11 of the application for review of a tender should be submitted to the administrative court before the end of such a contractual barrier referred to in paragraph 1 or 3.



section 12 of the application for judicial review of a decision to cancel a tender shall be submitted to the administrative court before 10 days have passed from the time the procuring entity with an electronic medium has sent a notice of decision and stated the reasons for its decision.



If the notification is sent other than by an electronic means to one or more candidates or tenderers, to an application for judicial review be submitted to the administrative court before 15 days have passed from the time the notice was issued.



Review of the validity of a contractual



13 § Right to decide that a contract concluded between a contracting authority and a provider is not valid, if the contract was concluded 1. without previous announcement under 10 Cape. 1, 2, 3, or section 4, chapter 17. section 2 or 19 Cape. § 9 when it has not been allowed to use direct procurement according to chapter 19, or

2. a dynamic purchasing system, but that the conditions set out in Chapter 8. 10 or 12 § has been followed, and this has meant that the supplier has suffered or may suffer injury.



An agreement shall also be declared invalid if it has been concluded in breach of the provisions on contractual lock-in 1, 3, or section 8, an interim order under section 9 or section 10-day period, or if the contract is concluded before notification of the award decision under Chapter 12. paragraph 12 or 19. section 29, first paragraph. For nullity in such cases is required in addition to any of the basic principles in Chapter 4. section 1 or any other provision of this Act has been breached and this has meant that the supplier has suffered or may suffer injury.



section 14 If it is justified by overriding reasons of public interest, it shall decide that the agreement may be made up even though the conditions for invalidity under section 13 are met.




section 15 of the provisions on the nullity of section 13 does not apply 1. to contracts concluded by a contracting entity according to a dynamic purchasing system, if the contracting entity sent a notification of the award decision under Chapter 12. paragraph 12, as well as to comply with a contract barring according to § 1, or



2. where contracting entities through the ad under the Cape. section 6 or 19. section 13 has announced its intention to procure and comply with contractual retainer under paragraph 3.



Interim decision in appeal by a validity



section 16 of the Law may decide that a deal may not be completed before any of the other have been determined.



Right to refrain from making such a decision, if the damage or inconvenience that this decision could mean is greater than the harm which might befall the vendor.



The right to be in the assessment to take into account the interests of users, the public interest and other relevant interests.



Time limits for applying for review of the validity of a contractual



section 17 of an application for judicial review of the validity of a contract shall, subject to the second subparagraph, be submitted to the administrative court within six months from the time the agreement was concluded.



However, the application must be submitted to the administrative court before 30 days have passed from the time



1. the European Commission has published an advertisement in accordance with Chapter 10. section 5, or



2. the contracting entity has notified in writing, candidates and tenderers if the contract was concluded and has provided a summary of the information referred to in Chapter 12. section 13.



Calculation of certain times



section 18 for the purposes of calculating the length of a Contracting locking and tiodagarsfrister according to section 10 of and time limits for the application for judicial review, section 2 of the Act (1930:173) on the calculation of statutory time applied.



Ban appeal



section 19 of the decision that this law applies to cannot be appealed with the backing of 10 Cape. Local Government Act (1991:900).



Damages



20 § contracting entities which have not complied with the provisions of this law shall compensate for the damage thereby sustained for a vendor.



The right to reparation includes compensation to a vendor who has participated in a tender procedure for the costs it has had to prepare bids and otherwise participate in the tender, if the breach of the provisions of this Act adversely affected the vendor's ability to be awarded the contract.



paragraph 21 of the claim for damages shall be brought before the Court within one year from the time when the agreement was concluded between the procuring entity and a supplier or is declared invalid under section 13, a decision that has a legal effect. Brought not the action in time, is the right to damages is lost.



21. Procurement claims fee



General provisions on procurement damage fee



section 1 of the General Administrative Court may decide that a contracting entity should pay a special fee (procurement injury fee), if



1. General Administrative Court, in a decision which had the force of law has established that an agreement may consist, in spite of the fact that it has been concluded in breach of the provisions on contractual lock-in Chapter 20. 1, 3, or section 8,



2. General Administrative Court, in a decision which had the force of law has established that an agreement may be due to overriding reasons relating to a general interest according to Chapter 20. section 14, or



3. the unit has signed an agreement with a supplier without prior advertising under 10 Cape. 1, 2, 3, or section 4, chapter 17. section 2 or 19 Cape. § 9.



section 2 of the supervisory authority shall in General Administrative Court requesting that a contracting authority must pay the fee award damages in the cases referred to in article 1 1 and 2.



The regulatory authority may in General Administrative Court requesting that a contracting entity should pay damages award of fees in the case referred to in paragraph 1 of the 3.



Competent court



section 3 of the application for that contracting entities shall pay tender fee claims to be made in the administrative law with jurisdiction over the domicile of the contracting entity.



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



The amount of the



section 4 of the Procurement injury fee shall amount to not less than $1,000 and not more than 10 000 000 kroons. The fee shall not exceed ten per cent of the contract value in accordance with Chapter 5.

or 19 Cape. section 8.



§ 5 in determining the amount of the damage award should be taken in particular of the seriousness of the offence.

In call cases, any fee not be decided. The fee gets remitted, if there are serious reasons.



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 date on which the application is based on has a legal effect.



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 the contract within the time limits laid down in Chapter 20.

section 17, the application is not made until the deadline has expired and all decisions in respect of the appeal have been given the force of law. The application shall be submitted to the administrative court within six months from the date on which all decisions in respect of the appeal have been given the force of law.



If no vendor has applied for review of the contract within the time limits laid down in Chapter 20. section 17 of the application shall be submitted to the administrative court within one year from the time the agreement was concluded.



Payment of fee



8 § Procurement impeding to the State.



§ 9 Procurement claims fee is payable to the supervisory authority within 30 days of the decision, if the fee has a final or within such longer period as is specified in the decision.



If the fee is not paid in time, the supervisory authority shall submit the unpaid fee to the collection. Provisions of the Recovery Act (1993:891) for the recovery of State assets, etc.



section 10 A determined procurement claims fee falls away, if the decision regarding the fee has not been able to be implemented within five years of the date on which the judgment has been given the force of law.



22. Supervision General provisions on supervision



(1) an authority shall exercise supervision over procurement under this Act.



section 2 of the regulatory authority may from a contracting entity, or from the supervisor deems an entity obtaining information necessary for supervisory activities. If necessary, because of the urgency, scope of the material, or any other relationship, the information obtained through the visit to the adjudicating entity.




section 3 of the contracting entities are required to provide the information which the supervisory authority requests for their supervision.

The same applies to the supervisor deems a contracting entity.



Injunction



paragraph 4 If it is necessary for the supervisory authority to exercise its supervision according to this law, the Agency may submit to the contracting entities or the supervisor deems an entity to disclose information, view a document or hand over a copy of the document.



paragraph 5 of the regulator's order may be appealed to the administrative law in the area where the injunction is addressed to residents. When an injunction is appealed, is the supervisory authority counterpart in court.



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



Transitional provisions



2016:1146



1. this law shall enter into force on the 1 January 2017.



2. the provisions of Chapter 3. 11-18 sections also apply to conditions relating to the period prior to the entry into force.



3. Through law repeals Act (2007:1092) on procurement in the water, energy, transport and postal services.



4. The repealed Act applies, however, for such procurement initiated before coming into force.



Appendix 1/Bilagan is not here/



Annex 2



List of social services and other special services



Description CPV code, health care, social service and related services 75200000-8



75231200-6



75231240-8



for 79611000-0



79622000-0 (the provision of home care staff)



79624000-4 (supply services of nursing personnel) 79625000-1 (mediation of doctors)



From 85000000-9 to 85323000-9 98133100-5



98133000-4



98200000-5



98500000-8 (private households with employed staff) From 98513000-2 to 98514000-9 (labour services for households, staffing services for the individuals, services of Office support personnel for individual, Office staff for individual, Temporary staff for households and home care).



Administration in social services, education administration, health care management and administration relating to the culture 85321000-5 85322000-2 75000000-6 (public administration, defence and social security services)



75121000-0



75122000-7 75124000-1 From 79995000-5 to 79995200-7 From 80000000-4 (education and training) to 80660000-8 From 92000000-1 to 92700000-8



79950000-8 (Services for the Organization of exhibitions, fairs and congresses)



79951000-5 (Organization of seminars)



79952000-2 (Events)



79952100-3 (organisation of cultural events)



79953000-9 (Festival arrangements), 79954000-6 (parties)



79955000-3 (organisation of fashion shows) 79956000-0 (organisation of fairs and exhibitions)



Compulsory social security 75300000-9



Grant services 75310000-2



75311000-9



75312000-6



75313000-3



75313100-4



75314000-0



75320000-5



75330000-8



75340000-1



Other community, social and personal services, including trade union services, services of political organizations, services provided by youth organisations and other Member organization services 98000000-3



98120000-0



98132000-7



98133110-8



98130000-3



Services in connection with the exercise of religion 98131000-0



Hotel and restaurant services From 55100000-1 to 55410000-7



From 55521000-8 to 55521200-0 (55521000-8 Catering for private households, 55521100-9 meals, 55521200-0 the meal deliveries)



55520000-1 Catering



55522000-5 Catering services for transport companies, 55523000 – 2 Catering for other companies or other institutions



55524000-9 school catering



55510000-8 canteen services



55511000-5 canteen services and other cafeteria activities for particular customer group, 55512000-2 operation of the dining room



55523100-3 serving of school meals.



Legal services, to the extent that they are not excluded in accordance with Chapter 3. 28 and 29 of this Act From 79100000-5 to 79140000-7

75231100-5



Other Government and Government Services From 75100000-7-75120000-3



75123000-4 From 75125000-8 to 75131000-3



Community Services From 75200000-8 to 75231000-4



Prison related services, services for public safety and emergency services, to the extent that they are not excluded in accordance with Chapter 3. section 32 of this Act From 75231210-9 to 75231230-5



From 75240000-0-75252000-7



794300000-7



98113100-9



Investigation and security services From 79700000-1 to 79721000-4-(investigation and security services, security services, Alarm monitoring services, guard services, monitoring services, After search, Detection of missing, Patrolling, Issuing of id cards, investigation and Detective Services) 79722000-1 (Graphology)



79723000-8 (waste analysis)



International services 98900000-2 (services provided by extra-territorial organisations and bodies)



98910000-5 (special services for international organizations and bodies).



Postal services 64000000-6 (postal and telecommunications services)



64100000-7 (postal and courier services) 64110000-0 (postal service)



64111000-7 (postal services for newspapers and periodicals)



64112000-4 (postal services for letters)



64113000-1 (Mail services for packages)



64114000-8 (Postkassörstjänster)



64115000-5 (rental of postbox)



64116000-2 (Poste restantetjänster)



64122000-7 (internal mail)



Miscellaneous services 50116510-9 (Retreading of tyres)



71550000-8 (Smith)



Annex 3



Definition of certain technical specifications



Of the Act, the following definitions shall apply: · Technical specifications in the case of public works contracts: all technical regulations, in particular those specified in procurement documents and stating the characteristics required of a material, a product or a product to it or it will be suitable for the intended use by the contracting entity. These characteristics include environmental performance, design for all uses (including accessibility for disabled persons) and conformity assessment,


utility performance, safety or dimensions, including the procedures for quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions, as well as production processes and production methods in all phases of the life cycle of the works. They also include provisions for the planning and cost estimating, testing and inspection rules, conditions under which the work is to be approved, the technology or the methods of construction and all other technical conditions which the contracting entity in accordance with General or specific regulations may prescribe in respect of the completed works and if the materials or parts which they involve.



7. Technical specification in the case of service or supply contracts, means a specification in a document specifying the requirements for a product or a service's properties, for example.

quality levels, environmental performance, design for all uses (including accessibility for disabled persons) and conformity assessment, utility properties, use of the product, safety or dimensions, including the requirements relating to the product is sold, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions, production processes and methods in all phases of the life cycle of the goods or services as well as the procedures for conformity assessment.



8. ' Standard ' means a technical specification adopted by a recognised standards body for repeated or continuous application, compliance with which is not compulsory and which is one of the following:



international standard: a standard adopted by an international standardisation organisation and made available to the public.



European standard: a standard adopted by a European standardisation body and made available to the public.



national standard: a standard adopted by a national standardisation body and made available to the public.



9. European technical assessment: a documented assessment of a product's performance in relation to its essential characteristics in accordance with relevant European assessment document within the meaning of article 2(12) of Directive of the European Parliament and Council Regulation (EC) No 305/2011 by 9 March 2011 laying down harmonised conditions for the marketing of construction products, in wording as laid down in Commission Regulation (EU) No 574/2014.



10. ' common technical specification: a technical specification in the ICT field, drawn up in accordance with articles 13 and 14 of European Parliament and Council Regulation (EU) no 1025/2012 on European standardisation, in the original wording.



11. Technical Reference: a document, with the exception of the European standards, produced by European standardisation bodies in accordance with procedures adapted to developments in market needs.