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. -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. – A description of the self-declarations and suppliers



16. – The evaluation of tenders and award of contracts



Chapter 17. -Performance of the contract



Chapter 18. – Contests



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



Public procurement



section 2 of this Act apply to procurement carried out by the contracting authority (public procurement). 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. § 19.



Other laws on procurement



paragraph 3 of the rules on procurement are also available in the law (2016:1146) on procurement in the utilities sectors, the 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.



The scope of application in specific situations



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 contracting authority will apply the results exclusively in its own operations, and



2. the services provided are paid entirely by the contracting authority.



Contracts subsidised to a level of more than half of the contracting authority



section 6 of this Act shall apply to contracts awarded by anyone other than a contracting authority or by a contracting authority on behalf of someone else, about 1. more than half the cost of the contract is covered by direct contributions from the contracting authority,



2. the value of the contract is estimated to be at least the thresholds referred to in Chapter 5. section 2, and



3. the contract



(a)) a work relating to the construction works specified in annex 1,



(b)) a work relating to the construction of hospitals, facilities for sports, recreation and leisure, school and University buildings and buildings for administrative purposes, or (c)) services connected with a works contract within the meaning of (a) or (b).



A contracting authority that leaves such a contribution will ensure that the provisions of this law shall apply if the contract is tendered by a party other than the authority.



Where are the definitions and explanations?



section 7 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 §



Mixed contracts in Chapter 2. 1 §



CPV nomenclature in Chapter 4. § 19



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.

30-31 § §



Negotiated procedure with prior announcement in Chapter 6.

4-6 sections



Negotiated procedure without prior announcement in Chapter 6.

12-19 §§



Internal procurement in Chapter 3. 11 – 16 §§



Competitive dialogue in Chapter 6. 20-21 § §



Media service provider in Chapter 3. 20 §



Labelling in Chapter 9. section 12



Restricted procedure in Chapter 6. paragraph 3 of the



Selection procedure in chapter 19. 6 §



The open procedure in Chapter 6. 2 §.



Definitions



section 8 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. a selection procedure.



section 9 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 imposed by a contracting authority which exercises decisive influence over the nature of the works or of the projection.



section 10 Of the construction works referred to the overall performance of works that is sufficient of itself to fulfil an economic or technical function.



section 11 With central contracting authority, a government agency, and such a contracting authority listed in annex I to Directive 2004/24/EU.



section 12 With 2014/24/EU referred to European Parliament and Council directive 24/EU of 26 February on public contracts and repealing Directive 2004/18/EC, in the original wording.



13 § 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.



paragraph 14 of the "central purchasing body" is a contracting authority which habitually provides centralized purchasing activities in the form of



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



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



section 15 with contract "means a written contract for pecuniary interest



1. be 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.



16 § 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.



section 17 with life cycle 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 18 of the bodies with public means a controlled legal entity that meets the 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 19 of "design contests" means a competition that is open to all and organized by a contracting authority in order to acquire a plan or design selected by a jury appointed to the winning design.



section 20 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 21 With service contract "means a contract for the provision of services other than those referred to in section 9.



section 22 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 section 18, and



3. Association of



a) an authority or authorities referred to in the first subparagraph or assemblies as 1, or b) one or more bodies as referred to in 2.




section 23 of the procurement document "means any document which the contracting authority uses to describe or define the content of the contract.



section 24, With 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. Mixed contracts



Mixed contracts



section 1 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 2. Contracts as referred to in the first subparagraph 2 is regulated in §§ 3-12.



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



section 2 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 procurement that is the main subject-matter of the contract.



For a mixed contract having as its object both products and services shall be determined on the basis of the main object of the estimated values of the goods or services.



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

Mixed contracts governed by this law, as well as of other provisions



Mixed contracts with elements of procurement under the law on procurement in the utilities sectors



3 § If a mixed contract both contracts governed by this law and the procurement which is regulated in the Act (2016:1146) on procurement in the utilities, Chapter 2. 11-section 27 of the Act on contracts in the utilities sectors which rules should be applied to the contract.



Divisible and indivisible mixed contracts



4 § A divisible mixed contract is a contract which includes parts that can be identified objectively. Such contracts are dealt with in paragraphs 5 to 11.



An indivisible mixed contract is a contract which includes parts that cannot be distinguished objectively. Such contracts are dealt with in section 12.



Allocation of divisible mixed contracts § 5 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 authority may also award a single contract.



The award of a divisible mixed contracts separate contracts



section 6, if the contracting authority assigns 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 7 if the contracting authority assigns a divisible mixed contracts as a single contract, the law applicable to the contract, subject to paragraphs 8 to 11.



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



section 8 if the contracting authority assigns 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 this law are estimated to amount to at least the threshold shall be applied in accordance with Chapter 1. paragraph 4, and Chapter 5. § 1.



2. the provisions of chapter 19. in this Act, if the value of the part of the contract which is regulated in this 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 9 Of the contracting authority, assign 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 10 if the contracting authority assigns 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 authority 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 11 the provisions of §§ 9 and 10 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 12 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 authority may award the contract pursuant to the provisions of either the law of contracts in the fields of defence and security or this law.



Chapter 3. Exemptions from the scope



Procurement in the utilities section 1 of this Act do not apply to a procurement procedure or a design contest



1. subject to the Act (2016:1146) on procurement in the utilities sectors, or 2. is exempt under Chapter 3. 4, 10 or section 24 of the law of contracts in the utilities sectors.



Certain services postal services related section 2 of this Act do not apply to a procurement carried out by a contracting authority which supplies postal services under Chapter 2. section 6 of the Act (2016:1146) on procurement in the utilities sectors, if the contract



1. address management services, transmission of registered electronic mail, secure electronic transmission of coded documents or similar services, if the services are related to and is performed entirely by electronic means,



2. services relating to money orders, giro payments or financial services covered by CPV codes 66100000-1 to 66720000-3, or of Chapter 3. section 30 of the law of contracts in the utilities sectors,



3. philatelic services, or 4. services where physical delivery or warehousing with other non-postal services (logistics services).



Procurement relating to defence or security.



section 3 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 section 10 of the law on procurement in the field of defence and security.



4 § Although a procurement procedure or a design contest is not exempt under paragraph 3 of this law 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 the contracting authority provides the information whose disclosure is contrary to Sweden's essential security interests.



section 5 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.



Public communications networks and electronic communications service



section 6 of this Act do not apply to a procurement procedure or a design contest mainly aims to give the contracting authority the opportunity to



1. provide or operate a public communications networks, or



2. for the general public to provide an electronic communications service.



Public communications networks and electronic communications service "has the same meaning as in the Act (2003:389) on electronic communications.



Procurement under certain international rules



section 7 of this Act do not apply to a procurement procedure or a design contest relating to defence or security interests and as a contracting authority 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 of the


such, 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 8 of this Act do not apply to contracts or design contests which the contracting authority is obliged 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 9 of this Act do not apply to contracts or design contests which the contracting authority conducts 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 10 of this Act does not apply to service contracts which a contracting authority assigns another contracting authority which by law has the sole right to perform the service.



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 control within the meaning of the first subparagraph 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 of the contract shall be deemed 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 paragraph 1, if the



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 paragraph 12 2, section 13, first paragraph 2, section 14, first paragraph 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 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.



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.



Specific exemptions from the scope of acquisition of property, etc.



section 19 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 20 of this Act does not apply to procurement



1. to be implemented by a media service provider and which relate to the acquisition, development, production or co-production of programme material intended for media services, or



2. as regards broadcasting time or programs in the field of broadcasting to be 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 21 of this Act do not apply to the procurement arbitration or conciliation mission.



Some legal services



section 22 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 23 of this Act do not apply to contracts relating to 1. services relating to the certification and authentication of documents which must be provided by a notary public,


2. legal services provided by the legal guardian, trustee or trustee,



3. the 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 24 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. activities relating to the management of the public debt, or relating to the services performed by a central bank,



3. actions carried out jointly with the European financial stability facility and the European stability mechanism, or



4. 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 25 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 26 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.



Political campaigns



section 27 of this Act do not apply to the procurement of services relating to political campaigns and covered by CPV codes 79341400-0, 92111230-3 or 92111240-6, if they are assigned by a political party in the context of an election campaign.



Some public transport services



section 28 of this Act do not apply to contracts for public passenger transport services by rail, Metro or on the water.

Law (2016:1209).



Chapter 4. General provisions



Public procurement principles



section 1 contracting authorities 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.



section 3 of the contracting authorities should take into account environmental considerations, social and labour considerations into public procurement if the art justifies this.



The right to participate in public 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. Contracting authorities may not impose conditions that such a group should have a specific legal form in order to leave a request or an offer. However, the authority may 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 authority may enter into any of the procurement documents how a group of suppliers to meet the requirements of economic and financial capacity according to chapter 14. 3 and 4 sections or technical knowledge and professional skills according to chapter 14. § 5 if it is justified by objective reasons.



Authority may impose 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 tenders



section 6, where a contracting authority uses a restricted procedure, the negotiated procedure with prior advertising, a competitive dialogue or a procedure for the establishment of innovation partnerships, limit the number of candidates may submit a tender.



The contracting authority shall, in the notice or in the invitation to confirm interest, enter



1. the criteria and rules that it will apply in the selection of candidates to participate, and



2. the minimum number of candidates who will have to tender and, where appropriate, the maximum number of which will be invited.



Article 7 a contracting authority must invite at least as many candidates as specified in the notice or in the invitation to confirm interest. If the number of candidates that meet the specified criteria is lower than the specified minimum number, the contracting authority may continue the procedure by inviting the qualified candidates who have requested to participate.



The number of invited should always be such that effective competition can be achieved. In restricted procedures, the number of not less than five; at the negotiated procedure with prior advertising, competitive dialogue procedures and procedure for the establishment of innovation partnerships, the number of not be less than three.



If a candidate or tenderer has participated in the preparations section 8 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



§ 9 a contracting authority 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 authority 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



section 10 of the contracting authorities shall award contracts in accordance with the provisions of Chapter 16 of the.



The authority shall, before awarding a contract check 1. that the tender meets the requirements, conditions and criteria set out in the tender documents,



2. If the supplier is excluded pursuant to chapter 13, and



3. that the supplier meets the criteria that the authority has indicated that it will apply in accordance with section 6, and the requirements that the Agency has made according to chapter 14. 1 to 5 sections.



During an inspection, the authority shall apply the 15 Cape.



section 11 When a vendor claiming a business capacity according to chapter 14. section 6, to meet any eligibility requirements, this company shall be checked in accordance with section 10, second paragraph 2 and 3.



section 12 where the authority uses an open tender procedure, the authority may assess the tenders before it checks the supplier according to section 10, second paragraph 2 and 3.

The award of a contract in separate parts



section 13, the contracting authorities may decide that a contract shall be awarded in separate parts. The authority may also establish the size and subject-matter of these parts.



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



section 14 where 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 in such an individual report referred to in Chapter 12. section 15.



Bid on a contract to be awarded in parts



section 15 is a contracting authority as referred to in section 13, decides 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, it may restrict the number of parts of the contract that the authority may assign the same provider. When the authority decides whether such a restriction, it shall also determine 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.



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



16 § A contracting authority which divides a contract into parts in accordance with section 13 and decide that tenders may be submitted in several or all parts of the contract in accordance with section 15, may decide that some or all of the parts are to be assigned to one and the same supplier which combined parts.




If the authority 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 section 15, second subparagraph.



When the agency 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 17 of the contracting authority awarding a contract in parts according to section 13, 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 under the first subparagraph.



If the authority intends to reduce the number of parts of a contract that can be assigned a supplier under paragraph 15, second subparagraph, shall



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 Agency intends to assign the combined elements of a contract pursuant to section 16, the authority shall specify in the advertisement or invitation



1. that a split contract could be awarded in combined parts in accordance with section 16 of the first subparagraph, and



2. the procedure to be applied in accordance with section 16 of the third paragraph.

Reserved contracts



18 § a contracting authority 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 reference to section 19 of the nomenclature within the context of a 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 stated in article 4 of Directive 24/EU or decisions or announcements by the European Commission under article 6 of the directive. As set out in the directive on Central Government authorities for a central contracting authority.



The Government announced in Svensk författningssamling thresholds expressed in euro and Swedish krona, as well as a list of defence products within the scope of annex III to Directive 2004/24/EU.



section 2 of the thresholds to be applied in accordance with Chapter 1. paragraph 6 of article 13 of Directive 24/EU or decisions or announcements by the European Commission under article 6 of the directive.



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



The value of a procurement



section 3 of the value of a contract is the total amount, according to the contracting authority'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.



paragraph 4 where a contracting authority 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 of their procurement or for certain categories of contracts.



Value date



§ 5 the 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



section 6 of the Method to estimate the procurement value may not be selected in order to avoid that the provisions on procurement above the thresholds applicable.



section 7 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 8 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



§ 9 in 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 authority provides the contractor which are necessary for the work to be performed.



Lease, rental or hire-purchase of goods



section 10 of 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 is estimated to be the monthly value multiplied by 48.



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



section 11 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 12 of 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 13, If a service is 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 is estimated to be the monthly value multiplied by 48.



Framework agreements and dynamic purchasing systems



section 14 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



15 § 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 be developed and to be sourced at the end of the partnership.



Design contests



section 16 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 procedures



section 1 of the public contracts may, under the conditions and in the manner set out in this law, the following procedures shall be used:



1. in open procedures, 2. restricted procedure, 3. negotiated procedure with prior advertising, 4. negotiated procedure without prior advertising,



5. the competitive dialogue, or



6. procedure for 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 authority for the selection. The candidates who the authority is inviting 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 authority for the selection. The candidates who the authority is inviting may submit a tender.

These tenders shall be the basis for subsequent negotiations.



When the procedure may be used



paragraph 5 of A negotiated procedure with prior advertising may be used, if



1. the contracting authority's needs cannot be met without adaptation of readily available solutions,



2. the contract includes design or innovative solutions,



3. the contract may not be assigned without prior negotiations due to special circumstances relating to the nature, complexity, or the legal and financial structure of the to be acquired or because of risks in connection with these matters, or



4. the contracting authority with sufficient precision can develop technical specifications by reference to a standard, a European technical assessment, common technical specification or technical reference.



section 6 of A negotiated procedure with prior advertising may also be used if the tenders submitted at an open or restricted procedure is invalid or is not acceptable.



Procurement documents



section 7 of the contracting authority, in the tender documents 1. determine the subject-matter of the contract by describing the Agency's needs and what it takes in terms of characteristics of the goods, services or works to be procured, 2. Please specify in the description which constitutes the minimum requirements with which all tenders shall comply with, and



3. Enter the criteria for the award of the contract.



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 procedure.



The negotiations



section 8, contracting authorities shall negotiate with tenderers improvements in their bids. The negotiations may not concern the minimum requirements or the award criteria.



The contracting authorities may award contracts without negotiations on the basis of an initial tender about it in your ad if the contract under 10 Cape. § 1 or in the invitation to confirm interest referred to in Chapter 10. section 8 has announced that it reserves the right.



section 9 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 revise their bids.



section 10 of the negotiations may be divided in successive stages in order to reduce the number of tenders if entered in any of the tender documents. The contracting authority may, after each step, choose the offer which the authority shall continue to negotiate. The choice should be made using the award criteria specified in procurement documents.



The final number of bids shall be such that effective competition is achieved, provided that there is a sufficient number of tenders or suitable candidates.



11 § When the contracting authority intends to conclude the negotiations, the authority shall inform the tenderer who still takes part in the negotiations on this and set a common deadline for them to submit final tenders which may not be subject to negotiations.



Negotiated procedure without prior advertisement



No appropriate requests to participate or tenders



section 12 contracting authorities 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. A report thereon shall be submitted to the European Commission if it so requests.



section 13 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 of the contracting authority.



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



section 14 of the contracting authorities 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 15, contracting authorities 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 Administration, 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.



Invalid or unacceptable tenders



section 16 of the contracting authorities, in the cases referred to in paragraph 6 of the decline to advertise the contract again if in the procedure takes only those tenderers who



1. should not be excluded in accordance with the provisions of Chapter 13, 2. satisfy the requirements set out in chapter 14. and the criteria or rules that the Agency has indicated that it will apply in the selection of candidates, and 3. have submitted bids that meet the formal requirements of the tendering procedure in the prior open or restricted procedure.



Procurement of goods in some cases



section 17 of the contracting authorities may use the negotiated procedure without prior advertisement of procurement of goods, if



1. the contract goods which are produced only for research, experiment, study or development, provided that



(a) the contract does not include the manufacture of) quantities which are intended to achieve profitability or to cover research and development costs, and



(b)) the award of the contract will not affect subsequent competitive procurement designed specifically for such purposes,



2. 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 authority was forced to procure goods that would be technically incompatible with the first, acquired or lead to disproportionate technical difficulties relating to operation and maintenance,



3. contract applies to goods that are listed and traded on a commodity market, or



4. 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.



A contract for the provision of additional supplies as referred to in the first subparagraph 2 shall apply for a period longer than three years only if there are special reasons.



Previous services or works



section 18 of the contracting authorities 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.



A negotiated procedure without prior advertisement under this section may be used for a maximum of three years after the original contract was entered into.



Procurement of service that follows a design contest 19 § contracting authorities 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



20 § In 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 authority for the selection. The candidates who the authority is inviting may participate in the dialogue.



When the procedure may be used



section 21 of a contracting authority may make use of a competitive dialogue, in the cases specified in paragraphs 5 and 6.



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



Procurement documents



section 22 of the contracting authority, 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 23 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 authority will 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 24, the contracting authority shall continue the dialogue until such time as the Agency has found the solution or solutions that meet the Agency's needs. The dialogue should then be declared ended and the participating candidates will be notified in writing as soon as possible.



Invitation to tender



section 25 When a notification has been made under section 24, the contracting authority shall 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 26 of the contracting authority may invite the participation of 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 authority 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 27 the only basis for the evaluation of tenders should be best price-quality ratio according to Chapter 16. 1 paragraph 1.



Negotiations to confirm terms and conditions



section 28 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 29 of the contracting authority may decide on prizes or other remuneration for participation in the dialogue.



Innovation partnership



section 30 In 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 authority for the selection. The candidates who the authority is inviting may participate in the proceedings.



When the procedure may be used



section 31, A Contracting Authority may use a procedure for the establishment of innovation partnerships to obtain goods, services or works to meet the needs of the contracting authority deems cannot be met by solutions existing on the market.



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



Requirements for candidates



32 section When selecting candidates, a contracting authority from applying, in particular, requirements concerning suppliers ' capacity in the area of research and development and capacity to develop and implement innovative solutions.



Procurement documents



33 § the contracting authority shall indicate in the procurement documents



1. the need for a good, service or construction contract that the authority 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 34 the contracting authorities shall negotiate with tenderers 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.



35 section 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.



36 § Negotiations may be divided in successive stages in order to reduce the number of tender where the contracting authority has specified this in any of the tender documents. After each step, the authority may choose the offer which the authority shall continue to negotiate. The choice should be made using the award criteria specified in procurement documents.



Requirements for setting up an innovation partnership



section 37, a contracting authority may establish innovation partnerships only with those suppliers who are conducting separate research and development activities.



Evaluation of tenders



section 38 the only basis for the evaluation of tenders should be best price-quality ratio according to Chapter 16. 1 paragraph 1.



Implementation of the partnership



39 § 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.



section 40 of 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 authority may, after each stage finish innovation partnership or, if innovation partnership includes several suppliers, reducing the number of such by terminating individual contracts. Such measures require that the authority in any of the tender documents specified that these opportunities are available, and under which conditions they can be used.



41 section the contracting authority 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 authorities 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 shall run for a period longer than four years only if there are special reasons.



Award of contracts based on framework agreements




section 3 contracts based on a framework agreement may be concluded only between the contracting authorities that have been identified for this purpose either in the notice of invitation to tender relating to the framework agreement or in the invitation to confirm interest and a supplier who is a party to the framework agreement.



The terms of a contract based on a framework agreement shall not deviate significantly from the conditions laid down in the framework agreement.



Award of contracts based on a framework agreement with a single supplier



section 4 If a framework agreement is concluded with a single supplier, contracts based on that framework agreement are awarded in accordance with the conditions laid down in the framework agreement.



Before the award of such contracts, contracting authorities may consult in writing with the supplier and, if necessary, ask him to complement its offer.



The award of contracts based on a framework contract with multiple vendors



§ 5 When a framework agreement concluded with several vendors have all the conditions laid down for the provision of the supplies, services or works as a framework agreement, the contracts based on the framework agreement under section 6 or 7.



When the framework agreement does not have all the conditions prescribed, the assignment take place under section 8.



The first and second paragraphs also applies to parts of a framework agreement.





Award without a reopening of competition



section 6 of the contracting authorities may award contracts based on a framework agreement referred to in paragraph 5 of the first paragraph without a reopening of competition under the terms of the framework agreement.



The authority shall apply objective criteria to determine which of the contractors to be awarded the contract. The objective conditions to be specified in any of the tender documents for the framework agreement.



The award partly for a reopening of competition



Article 7 a contracting authority may award contracts based on a framework agreement referred to in paragraph 5 of the first paragraph in part after a renewed competition in the manner set out in section 9, if it is not specified in any of the tender documents for the framework agreement the contracting authority should have the possibility.



In the procurement document shall in such cases is also specified



1. the conditions for supply framework agreement that could be the subject of a reopening of competition, and 2. the objective conditions that the authority should use in deciding whether allocation should be effected without or after a renewed competitive tendering.



The award following a reopening of competition



§ 8 the contracting authorities shall award the contract based on a framework agreement referred to in paragraph 5 of the second paragraph, after a renewed competitive tendering for suppliers who are parties to the framework agreement in accordance with section 9.



The procedure for a reopening of competition



section 9 In a reopening of competition, the suppliers which are parties to the framework agreement shall be invited to submit tenders in accordance with the conditions laid down in the framework agreement. These conditions may, if necessary, be specified and, if necessary, be supplemented by other terms specified in any of the tender documents for the framework agreement.



For the purposes of the first subparagraph shall



1. the contracting authority for any contract to be awarded in writing to consult with the suppliers that can perform the contract;



2. the contracting authority shall specify a period that is sufficient to submit a tender for each specific contract, taking into account the nature and scope of the contract,



3. tenders shall be submitted in writing, and that the contracting authorities to examine the content of tenders before the specified response time has expired, and



4. the contracting authority shall award the 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



section 10, a contracting authority may have recourse to a central purchasing body without procuring the service.



Where a contracting authority engages a 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 11 of the contracting authority may purchase goods or services from a central purchasing body.



Acquisition through a central purchasing body



section 12 of the contracting authority may purchase 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 authority



section 13, the contracting authorities 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 paragraph 11 or 12.



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 authority from another Member State



section 14 of the contracting authorities may conduct a procurement in common with a contracting authority from another Member State with the use of procurement actions referred to in paragraphs 15 to 23.



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 15, A Contracting Authority may use centralized purchasing activities offered by a central purchasing body in another Member State of the European Union.



16 section at the joint procurement under section 15 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 authorities



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



2. make a renewed competitive tendering in accordance with a framework agreement concluded by a purchasing Centre as provided for in the first subparagraph, or 3. According to §§ 6 and 7 decide which vendor to be awarded the contract as part of a framework contract which has been concluded by a purchasing Centre as provided for in the first subparagraph.



Common procurement actions



section 17, a contracting authority may jointly with the contracting authorities of 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.



Contracting authorities which have 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 18 of the joint procurement actions under section 17 of the must components necessary for cooperation follow from an agreement.



19 § If an agreement pursuant to section 18 of the meet between the participating authorities, the authorities of the agreement lay down



1. responsibilities of the authorities 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 authorities establish 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 authorities.



section 20 of the distribution of responsibilities between the contracting authorities and the applicable national provisions under sections 18 and 19 shall set out in any of the tender documents.



section 21 of an authority participating in a procurement according to section 17 and who source supplies, services or works from another participating agency shall be considered to fulfil their obligations under this law, if anyone else participating Authority fulfils the obligations provided for in the law to be applied as a result of an agreement referred to in paragraphs 18 and 19.



Procurement of a single device



section 22 of the joint unit established by the contracting authorities 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.



23 § at the joint procurement under section 22 to be 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 authorities may use dynamic purchasing system for recurring purchases of goods, services or works which are widely available in the


market and has properties that cater to the needs of the contracting authority.



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 to 5 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 authorities shall apply the provisions of the restricted procedure. The number of candidates who participate in the system, however, must not be restricted.



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



paragraph 4, a contracting authority which sets up 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 invitation to tender, 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 contracting authorities, this shall 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 authority shall give access to procurement documents under 10 Cape. paragraph 7 of the first paragraph under the system's entire duration.



Changes in the validity



section 6, the contracting authority 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 authority 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.



Authority shall evaluate requests with application of qualification requirements under Chapter 14. 1 to 5 sections within 10 working days of receipt. When there are reasons to get the deadline extended to 15 working days.



The authority 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 authority shall, in any of the tender documents specify 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.



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



§ 9 the contracting authorities 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 authority for any 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 authority shall 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.



A contracting authority which is not a central contracting authority may apply the provisions of Chapter 11. section 7 if the deadline to submit bids by appointment.



The provisions concerning the shortening of the time limits in Chapter 11. paragraphs 5 and 6 shall not apply.



Award of contracts



section 12 of the contracting authority, assign the contract the supplier whose tender is the most economically advantageous tender, on the basis of the award criteria set out in the contract notice or in the invitation to confirm interest.



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



Self-declaration of suppliers



section 13, a contracting authority 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 sections.



The provisions of chapter 15. 3-5 paragraphs is valid during the whole period of validity of the dynamic purchasing system.



Administrative fee



section 14 of the contracting authority 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 Authority may use an electronic auction for the presentation of new prices or new values concerning certain elements of tenders.



The authority shall develop an electronic auction as a repetitive electronic process.



16 § a contracting authority may carry out an electronic auction 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. 7 and 8 sections, 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 used 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 authority shall specify in the ad contract notice or in the invitation to confirm interest.



section 19 of the procurement documents, the following information should be provided on 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 authority is launching an electronic auction, the authority shall 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. section 13.



section 22 of the invitation, the contracting authority shall inform them 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 authorities shall provide all tenderers sufficient information to enable them at any time to ascertain their relative rankings.



The authority may also communicate other information about prices or values provided this is specified in procurement documents.



The authority may 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 authority



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, the authority of 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, the contracting authority shall award the contract on the basis of the results of the auction.



Electronic catalogues



Scope



section 28, a contracting authority may request the tender 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 authority. 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, contracting authorities may decide that a renewed competitive tendering in accordance with Chapter 7. sections 7 and 8 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 authority shall 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 that they intend 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 authority 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 the authority awarding a contract on the basis of the information in an electronic catalogue that authority has 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 authority may submit a tender that has the form of an electronic catalog or contains such.



The authority may, 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



section 3 of the contracting authorities 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 authority 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



section 5, a contracting authority 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 brand, 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. production.



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 authority which, in accordance with paragraph 3 specifies the technical specifications of performance or functional requirements 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 which it has entered, and



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



section 8 where a contracting authority makes demands by reference to a 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 compliance



§ 9 a contracting authority 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 a contracting authority 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.



Labelling



section 12 of the mark "means any documents, certificates or certificate which confirms that the goods, services, works or processes or procedures in question meets certain requirements.



section 13, a contracting authority 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.



If the contracting authority does 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 the acquisition, the contracting authority may not require labelling for products, services or works. However, the authority may lay down the technical specifications by reference to such detailed specifications for marking related to it to be sourced.



section 14 a contracting authority that requires a specific marking in accordance with section 13 to accept a different marking on the requirements for the label are equivalent to the requirements for the specified label.



section 15 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 13, the specific requirements for marking.



Tenders with alternative designs



16 § a contracting authority may permit or require that the bidders bidding with designs that differ from those in authority have indicated. Such an offer with alternative execution may be taken into account only if the authority of the ad specified on the permit or require such tenders.



section 17 of the contracting authorities that allow or require tenders referred to in section 16 shall indicate in the procurement documents 1. What are the minimum requirements for such tenders,



2. the specific conditions relating to the presentation of tenders, and 3. If the bids with an alternative execution may only be made in conjunction with a bid based on the same design as the authority may specify.



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



section 18 when awarding supply or service contracts, contracting authorities which have allowed or required a tender 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 contracts and invitations to tender



Advertising



Invitation to tender



Article 1, the contracting authority 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 contracts or, in the cases provided for in paragraph 2, a prior ad.



Specific rules on contracts without prior advertising, see Chapter 6. 12-19 sections.



Preview ad as a means of calling for competition



section 2 A contracting authority which is not a central contracting authorities may use an ad that calls for tender when the procurement is to be conducted with restricted or negotiated procedure with prior announcement.



An authority to 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



section 3 of the contracting authority, in a pre-release advertising inform about planned procurement.



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



Efterannons if the result of a procurement



section 4 of the contracting authorities 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. An authority 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 authority to award contracts in accordance with 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 5, a contracting authority which intends to award a contract by negotiated procedure without prior advertisement pursuant to Chapter 6. 12-19 §§ may inform of his intention through an ad.



Authorization



section 6 of the Government may provide for the content and the publication of ads under this chapter.



Electronic access to tender documents article 7 the contracting authority for advertising on procurement, advance advertising and contest 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 authority is not able to provide access to any of the tender documents referred to in the first subparagraph, it shall inform the authority in the advertisement about how providers can gain access to the document in any other way.



Invitation to candidates



Written invitation to confirm the interest upon prior advertising section 8 If an ad has been used as the invitation to tender, the contracting authority shall at the same time send a written invitation to all candidates to confirm their interest. Only when the Agency has been told which candidates are still interested, it may indicate which vendors will participate or participate in negotiations.



The contracting authority 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 authority cannot make a procurement 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 will be used,




3. an indication of the date of delivery of the goods or for the initiation or termination of the services or works, 4. an indication of the address of the contracting authority, 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.



Written invitation to tender or to participate in the dialogue



§ 9 in the restricted procedure, the negotiated procedure with prior advertising, competitive dialogue procedures and procedure for the establishment of innovation partnerships, the contracting authority shall at the same time send a written invitation to all selected candidates to tender or, in the case of a competitive dialogue, to take part in the dialogue.



The contracting authority 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 or to participate in the dialogue. If the authority cannot make a procurement 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 advertisement of procurement or to preview the ad, if such an advertisement has been used as a means of calling for competition, 4. an indication of the documents to be attached, 5. 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



6. any other information relevant to the procurement.



Validity



section 10 of the contracting authority shall 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 authority shall indicate this information in an advertisement of procurement, in an ad that is used as a means of calling for competition, in the invitation to confirm interest or of an invitation to tender or to participate 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.

Deadlines in the restricted procedure, negotiated procedure with prior advertising, competitive dialogue procedures and procedure for the establishment of innovation partnerships 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 30 days from the date of the advertisement of procurement was sent for publication or, when 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. This applies, subject to section 10.



In restricted procedures and negotiated procedures with prior advertising, the time limit to submit tenders shall be 30 days from the date on which the invitation to tender was sent to selected candidates. This applies unless otherwise follows from 5-10 sections.



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 deadlines for advance advertising



§ 5 If the contracting authority has förhandsannonserat without ad used that invitation to tender, the deadline to submit bids 1. by open procedure be determined for at least 15 days from the date of the advertisement of procurement was sent for publication, and



2. in restricted procedures and negotiated procedures with prior advertising determined to at least 10 days from the date on which the invitation to tender was sent to selected candidates.



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



1. contain the information listed in annex V, part B, section I to Directive/24/EU, insofar 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 deadlines for electronic tenders



section 6, if the contracting authority authorises submission of tenders electronically, may 1 deadline. by open procedure according to section 2 shall be deemed to be at least 30 days, and



2. in restricted procedures or negotiated procedure with prior advertisement according to the second subparagraph of paragraph 3 shall be determined for at least 25 days.



Deadline for bids after agreement



7 § in restricted procedures and negotiated procedures with prior advertising may a contracting authority which is not a central contracting authority 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 authority 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, or



2. from the date of the invitation to confirm the interest is sent to the candidates.



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.



The accelerated procedure



section 10 if, due to lack of time, it is not possible to apply the time limits referred to in this chapter, may 1. in restricted procedures and negotiated procedures with prior advertising deadline to submit requests to be determined for at least 15 days from the date of the advertisement of procurement was sent for publication,



2. 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, and



3. in restricted procedures and negotiated procedures with prior advertising deadline to submit tenders determined to at least 10 days from the date on which the invitation to tender was sent to selected candidates.



12 Cape. Communication, information to vendors and documentation Communication



Communication with publicly available electronic resources



§ 1 the contracting authority and the supplier shall use electronic means when communicating with each other during a procurement. The authority shall designate 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 agents section 2 contracting authorities may, where necessary, designate the


suppliers a suitable electronic means of communication, even though the vehicle does not meet the requirements of paragraph 1, second subparagraph. In such cases, the authority shall provide 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, contracting authorities may use or designate other means of communication.



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



4 § A Contracting Authority may use other means of communication or designate than any 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 information security at the authority, 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 authority shall record 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, a contracting authority shall ensure that the 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



section 7 of the contracting authorities 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 a contracting authority shall ensure that the communication 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 authority shall have such equipment to safely electronically receive and determine the exact time for 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 authority must 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 authority shall participate.

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 of the contracting authority 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 of the contracting authorities 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 authority decides to terminate the contract after the invitation to tender and in decision making about a procurement. In the notification, the reasons for the refusal.



Information on request of a supplier



section 13, contracting authorities should to candidates or tenderers who so request disclose the reasons why the vendor's application has been rejected or tender has been rejected.



The contracting authorities 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 authority shall document the implementation of a procurement. The documentation should be sufficient to justify the Agency's decisions during all stages of the contract.



Individual reports section 15, the contracting authority shall draw up an individual report for each contract awarded, framework agreements and dynamic purchasing system established.



This does not apply to contracts awarded on the basis of a framework agreement in accordance with Chapter 7. 4 or 6.



section 16 Of an individual report shall show: 1. reasons for the offer which has been rejected have been considered to be abnormally low, 2. reasons for a contract or framework agreement is not assigned to a vendor, 3. reasons that a supplier is approved as participants in a dynamic purchasing system;



4. reasons why the negotiated procedure with prior advertising, the negotiated procedure without prior advertising or competitive dialogue procedures have been applied, 5. reasons for the submission of tenders by means other than electronic have been approved, and



6. conflicts of interest and action taken on them.



The individual report, 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.



The Government, with the support of Chapter 8. section 7 of the Constitution notify the details of what information an individual report should contain.



Conservation of documents section 17 of the Archives Act (1990:782) contains provisions on authorities and certain other bodies ' archive. For a contracting authority which is not subject to the Archives Act apply to the second and third paragraphs.



When a contract is completed, the contracting authorities at a safe way store requests to participate and tenders with associated descriptions, models and drawings, and tender lists, compilations, such documents as referred to in section 14, the individual report under section 15, and the like. The documents shall be kept for at least four years from the date of award of the contract.



Contracting authorities should also preserve 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 18 of Chapter 2. freedom of the Press Act provides for public access to documents. Not for a contracting authority to apply the provisions concerning paragraphs 19 to 24.



section 19 of the contracting authorities shall, on the request of an interested supplier provide a copy or a transcript of a contract that is preserved under section 17, third paragraph, 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 20 of A task in a contract if the business or operating conditions of the supplier's or the contracting authority's motion 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 authority may not be disclosed, if it can be assumed to mean that the purpose of the measure is discouraged.




section 21 of a request for access to a contract should be treated promptly.



Where a contracting authority is dealing with a case of dropping out a contract, it shall apply the provisions on motivation of decisions and notification of decisions 20 and 21 of the Administrative Procedure Act (1986:223).



section 22 a contracting authority shall 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 may take a maximum of 50 pounds. For each page, in addition, the authority may take no more than 2 pounds.



If the authority may charge for a copy or printout referred to in the first subparagraph, it may 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 23 of the 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 authority.



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





section 24 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



Crime



§ 1 a contracting authority to exclude a contractor from participating in a contract, if the authority through the control according to chapter 15. 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/EC,



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 contracting authorities to exclude a contractor from participating in a contract, if the authority through the control according to chapter 15. 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 the country 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 authorities may exclude a contractor from participating in a contract, if the authority is in a similar appropriate manner can show that the obligation referred to in the first subparagraph have not been completed.



Maladministration is otherwise in the case of a supply operation section 3 of the contracting authorities may exclude a contractor from participating in a contract, if



1. the authority can demonstrate that the supplier has breached the applicable environmental, social or labour law obligations,



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



4. the authority 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 (2016:1146) on procurement in the utilities sectors, the 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 authority cannot 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 authority by other less restrictive measures than the exclusion of the vendor cannot rectify a distortion of competition because of such earlier involvement of the supplier referred to in Chapter 4. section 8,



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 vendor from participating in the procurement pursuant to this chapter or by the vendor satisfies the qualification requirements under Chapter 14. 1 to 5 sections,



b) have withheld such information, or



(c)) has not provided any supporting documents requested by the authority in accordance with Chapter 15. 3-5 paragraphs, or



9. the supplier improperly tried to influence the contracting authority's decision making process, or acquire confidential data that can provide the supplier with undue advantage in contract or negligently have provided misleading information that can have a significant impact on the decisions made under the contract in respect of the exclusion of providers, choice of suppliers that can be assigned to the contract and the award of contracts.



Investigation



paragraph 4, a contracting authority 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 according to authority constitute grounds for exclusion.



Exception to the exclusion in some cases



5 § a vendor covered by any cause under 1 or paragraph 3 shall not be excluded, if the vendor indicates 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 missförhållandets 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 should not be excluded under paragraph 2.



section 6, a contracting authority may refuse to comply with a duty to exclude a supplier, if justified by an overriding reason relating to the public interest.



Decision on exclusion



Article 7 a contracting authority may at any time during the contract exclude a supplier from participating in the tender, if it turns out to be the basis for exclusion.



A contracting authority shall promptly inform a vendor in writing of the decision and the reasons for it.



Chapter 14. Qualification



Qualifying requirements



section 1 contracting authorities may require in contract vendors to be qualified in certain respects. Requirements may relate to only 1. the rights to exercise the profession under section 2,




2. Economic and financial capacity in accordance with §§ 3 and 4, or



3. technical and professional capacity in accordance with paragraph 5 of.



The requirements of the authority should be suitable to ensure that the supplier has the legal and financial ability and the technical and professional capacity required to carry out the contract to be awarded. All requirements should be related to it to be sourced and proportionate to this. The requirements can be expressed as a minimum level of ability.



The authority shall, in the notice or in the invitation to confirm interest specify the qualification requirements to be applied in the procedure and which assessment providers should submit.



Access to the profession



2 § a requirement under section 1, first subparagraph 1 shall mean that the supplier shall 1. be registered in a public limited company, commercial or association register or a corresponding register kept in the State where the supplier's activity is established, or



2. have such permission or be a member of such an organization, when the contract is for a service, required for the provider to provide the service in the State in which the supplier is established



Economic and financial standing



3 § a requirement under paragraph 1(1), 2 may mean that provider shall have



1. a minimum annual turnover or a minimum turnover in the area covered by the contract;



2. a certain ratio between assets and liabilities, or



3. an appropriate liability insurance.



4 section A minimum circulation pursuant to paragraph 3 of the second paragraph 1 may not be fixed at an amount that is more than two times the estimated value of the contract. If there are special reasons, taking into account of the works, services or supplies, the wagering requirement must be determined at a higher amount. The contracting authority shall in any of the procurement documents or in an individual report under Chapter 12. 15 and 16 sections specify the circumstances which constitute or have been such special reasons.



A requirement under the second subparagraph of paragraph 3 of 2 on a certain ratio between assets and liabilities may be made only if the methods and criteria for the calculation of the quota set out in any of the tender documents.



When a contract is to be awarded in parts, the first subparagraph applies for every single part. If the authority may assign the same provider more parts of a split contract, and these should be carried out at the same time, the requirement referred to in the first subparagraph to a minimum turnover shall be deemed to be an amount equal to the sum of the parts that can be covered.



If a contract based on a framework agreement shall be awarded after a reopening of competition, should the estimated value as referred to in the first subparagraph shall be calculated on the basis of the expected maximum size of the contracts is to be performed at the same time, or, if the task is not known, on the basis of the framework agreement, the estimated value.



Where a contract to be awarded under the dynamic purchasing system, the estimated value as referred to in the first subparagraph shall be calculated on the basis of the expected maximum size of the contracts that will be awarded under the system.



Technical and professional capacity



5 § a requirement under paragraph 1(1), 3, mean that the supplier shall dispose of the necessary human and technical resources, and have the experience necessary for the contract to be performed according to an appropriate quality standards.



Vendors ' reliance on other companies ' capacity



section 6, A supplier may for a particular contract rely on the capacity of other undertakings to comply with the requirements relating to the economic and financial capacity or technical and professional capacity referred to in paragraph 1, 2 and 3. When the capacity for such training and professional qualifications referred to in chapter 15. 11 § 7, the supplier may only rely on another company's capacity of the company will also perform the service or works for which capacity is required.



The first subparagraph shall apply 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.



Article 7 A Contracting Authority during an inspection according to Chapter 4. section 11 establishes that a company invoked by a vendor does not meet the requirements the company invoked for or that its circumstances are grounds for exclusion under Chapter 13. section 1 or section 2 of the first subparagraph, shall request the vendor to replace the company with another company.



Authority may require replacement if there are grounds for exclusion under Chapter 13. paragraph 2 or paragraph 3.



§ 8 the contracting authority may require undertakings whose capacity provider invokes undertakes a joint liability of the supplier's performance of the contract, if the capacity invoked concerns economic and financial position under paragraph 1(1), 2.



Authorities may require that certain information which is crucial to the acquisition should be made directly by the vendor itself, if the contract is for a service, a work or a mounting or installation work within the context of a procurement of goods.



15. Custom Declaration and proof of the suppliers Own Declaration



§ 1 A service provider who submits a tender or a request to participate must also submit a separate declaration of



1. that there are no grounds under Chapter 13. 1 – 3 sections to exclude vendor from participating in the tender, 2. that the vendor meets the requirements set by the contracting authority in accordance with Chapter 14. 1 to 5 sections, and 3. that the supplier meets the criteria that the authority may, where appropriate, set up pursuant to Chapter 4. section 6.



If the vendor invokes other corporate capacity according to chapter 14. paragraph 6, should the supplier's declaration shall be accompanied by a separate declaration for each of the undertakings whose capacity invoked.



A declaration as referred to in the first or the second subparagraph shall be left in the standard form laid down by the European Commission according to article 59 of Directive 24/EU.



section 2 of the contracting authority, tentatively accept a declaration under section as proof that the supplier will not be excluded and meet the requirements and criteria that the Agency has posed.



A statement which has been provided in a previous procurement shall be accepted when the supplier confirms that it is still correct.



Supplementary document



section 3 of a supplier that has filed a declaration under paragraph 1 shall, upon request by a contracting authority complete its declaration with one or more of the certificates covered by it. Such a request may be made at any time during a procurement procedure if the Authority considers it necessary for the contract to be implemented correctly.



4 section at the request of the contracting authority, the vendor that they intend to award the contract to leave such supplementary documents referred to in paragraphs 6 to 13 and, where applicable, in accordance with sections 14 and 15, which shows the current conditions. Such a request must be made before the authority decides whether to award a contract.



This does not apply for contracts based on framework agreements concluded under Chapter 7. 4 and 6 sections.



The supplier shall, upon request by the authority to supplement or clarify the documents that the Agency has requested



§ 5, A supplier is not required to submit additional documents or other documentary evidence, if the contracting authority



1. already have access to the material, or



2. have the possibility of free access to the certificate or relevant information directly by electronic means.



Investigation which may be requested from the supplier



section 6 of The investigation, a contracting authority may require that the supplier shall submit to the Authority set out in paragraphs 7 to 15, and will show



1. that there are no grounds under Chapter 13. to exclude the provider from participation in the procurement procedure,



2. the supplier satisfies the qualification requirements under Chapter 14.



1 to 5 sections, and



3. to companies whose capacity provider invokes according to chapter 14. section 6, not covered by any cause and meet applicable eligibility requirements.



Investigation into the reasons for the exclusion of a supplier from participation in a procurement



Article 7 a contracting authority may request that a vendor submits an extract from the criminal register or an equivalent document issued by a competent authority in the Member State of origin or the State in which the supplier is established and that shows that there are no circumstances which, under Chapter 13. 1 § constitute grounds for excluding the vendor from participating in the procurement.



Do not display the required investigation to vendor pursuant to a judgment as a final has been convicted of such an offence referred to in chapter 13. § 1, the supplier shall not by virtue of that provision, be excluded from participation in the contract unless otherwise follows from the investigation in General.



section 8, a contracting authority may request that a vendor submitting a certificate issued by a competent authority in the State concerned, and that shows that there are no circumstances which, under Chapter 13. section 2 or section 3, paragraph 2 are


to exclude the vendor from participating in the procurement.



Does not display the requested investigation that the supplier has failed in its obligations relating to the payment of taxes or social security contributions in accordance with Chapter 13. section 2 or in one of the situations referred to in chapter 13. paragraph 2, it shall not by virtue of the provisions be excluded from participation in the contract unless otherwise follows from the investigation in General.



§ 9 Of those documents referred to in section 7 or 8 is not issued in the State in question or if they don't cover all situations under Chapter 13. 1 and 2 sections and 3 § 2, the documents may be replaced by a statement that the vendor has made of honour before a competent body or by a similar declaration.



Investigation of a supplier's economic and financial standing



section 10, a contracting authority may request investigation of a supplier's economic and financial position in the first place, in the form of



1. appropriate statements from banks or, where appropriate, evidence of appropriate professional indemnity insurance, 2. annual reports or extracts from the balance-sheets, where publication of the annual financial statements required by the legislation of the country where the supplier is established, or



3. statement of the undertaking's overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last three financial years available, if data on that turnover is available.



If a supplier has reasonable grounds for not submitting such investigation as the contracting authority, may instead rely on other investigations which the Authority considers appropriate.



Study on a vendor's technical and professional capacity



section 11 of the contracting authority may require the investigation of a vendor's technical capability in the form of 1. a list of completed works for no more than the past five years, accompanied by certificates of the most important works have been carried out in a satisfactory manner,



2. a list of the principal deliveries or services that have been performed for a maximum of the last three years, indicating the value, date and recipients, public or private,



3. details of technical personnel and technical bodies, whether or not they belong to the supplier, especially those responsible for quality control and, in the case of public works contracts, technical personnel and technical bodies which the contractor can call in order to carry out the work;



4. a description of the supplier's technical facilities, and the methods that the vendor uses for ensuring quality and its study and research facilities; 5. information on the system of supply chain management and tracking system that the vendor may apply during the performance of the contract;



6. information on such a check to be carried out by the contracting authority or on its behalf by a competent body in the country of establishment of the supplier or service provider, subject to that body's agreement, and required that the goods or services in question are complex or, exceptionally, are intended for a specific purpose,



7. information concerning the service provider's or contractor's educational and professional qualifications or equivalent information on the leading people in the company, provided that the qualifications will not be evaluated as award criteria,



8. information on the environmental protection measures may be taken by the supplier in the performance of the contract;



9. details of the average annual manpower of the service provider or contractor and the number of managerial staff for the last three years,



10. details of the tools, plant or technical equipment as the service provider or contractor for carrying out the contract, 11. information on the proportion of the contract which the supplier may sub-contract, or



12. document, in relation to the goods to be supplied, which consists of both samples, descriptions and/or photographs, the authenticity of which must be certified if the contracting authority requests it, a certificate drawn up by official quality control institutions or units for such control of recognised competence and from which it must be stated that the goods are clearly identified by references conform to certain technical specifications or standards.



section 12 if necessary to effective competition should be ensured, the contracting authority may ask that a vendor must submit a report to the authority if the relevant supplies, services or works which have been performed earlier than specified in section 11 of 1 and 2.



13 § control according to § 11 6 should refer to supplier production capacity or the service provider's technical capability and, if necessary, the vendor's study and research facilities and resources for quality control.



Quality assurance and environmental management standards



Quality assurance standards



section 14 If the contracting authority requires that suppliers are displaying 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 authority shall specify the requirements, refer to quality assurance systems based on the relevant European standards series certified by bodies accredited for indication.



The authority 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 within the specified time limit and this is not due to the supplier or any relation to the vendor's site, the authority may 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 that the Agency has demanded.



Environmental management standards



section 15 where the contracting authority requires that suppliers are displaying a certificate issued by an independent body, if the supplier follows certain environmental management system or environmental management standards, the authority shall 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 authority 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 within the specified time limit and this is not due to the supplier or any relation to the vendor's site, the authority may accept other proof that the vendor has implemented environmental management measures, if the vendor can demonstrate that the measures are equivalent to those required in the environmental management system or environmental management standard that authority has demanded.



Official lists and certification by certification bodies



section 16 When a vendor is registered in an official list of approved providers in a country within the European economic area (EEA) or is certified by a certification body that meets European certification standards, it is considered that the supplier in respect of the matters covered by the list or certification meets the conditions and requirements laid down in chapter 13. 1 – 3 sections and chapter 14. § 1.



16. The evaluation of tenders and award of contracts



Evaluation and award criteria the award of contracts and the basics of evaluation



section 1 contracting authorities shall award the contract the supplier whose tender is the most economically advantageous to the authority.



Which tender is the economically most advantageous tender is to be evaluated at any of the following grounds: 1. the best price-quality ratio,



2. cost, or



3. price.



The authority shall, in any 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


the supplier's data goes to check how well a tender satisfies the criteria. If there is cause, the authority shall verify that the vendor's information is accurate.



section 3 When the contracting authority evaluates the tenders on the basis of cost, the authority shall assess the impacts 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 the 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 they intend 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 the method the Agency 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 authority shall take them into account by an order of priority.



The authority shall, in any 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 shall require the provider to explain 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 with respect to environmental, social or labour law obligations,



5. If the supplier can receive State aid, or



6. the obligations referred to in chapter 17. 6 or 7 sections.



The Agency shall reject the tender if the supplier does not satisfactorily explain the low price or cost.



Contracting authorities 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.



section 8 where a contracting authority establishes that a tender is abnormally low on grounds that the vendor obtained a State aid, the authority shall give the supplier the possibility that 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.



A contracting authority that rejects 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 Agency may decide that the supplier will not be awarded the contract.



Chapter 17. Performance of the contract



Special conditions for performance of contracts



section 1 contracting authorities 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 16 of the. 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 authority 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 authority shall, in any 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 authority, it 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 authority shall also require that the supplier shall inform the authority 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 to contract 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, if the order does not mean that the value of the contract increases by more than 50 per cent and provided that



1. the order has become necessary, 2. provider 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 authority.



If several additional orders are placed one after the other, the restriction in respect of the increase in value shall be applied to each individual order.



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 awarding authority is neither foresaw or should have foreseen at the time the decision to award the contract or the conclusion of the framework agreement. Such a change should not, however, 1. cause the overall nature of the contract or framework contract is changed, or



2. the mean value of the contract or framework agreement increases by more than 50 percent.



If several successive changes are implemented, the restriction in respect of the increase in value shall be applied to each individual change.



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. 1 §


or 2 paragraph and that it meets the eligibility requirements set in the initial procurement according to chapter 14. 1 to 5 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 authority and the subcontractor.



Changes that are not essential



paragraph 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



for the purposes of section 15, 9, 11 and 12 of the contract or of the framework contract shall, prior to the change in value 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 § A contracting authority which has modified 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 of the contracting authorities shall ensure that the 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 authority to enter into 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 on 2014/24/EU of 26 February on public contracts and repealing Directive 2004/18/EC.



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



Chapter 18. 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 of A contracting authority which intends to carry out a design contest shall inform about the competition through an ad. If the Agency intends to implement a procurement under the negotiated procedure without prior advertising, it is stated in the advertisement for the competition. The authority shall, in the advertisement to specify the criteria for the assessment of the entries to which it intends to use.



The authority shall 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 3 § a design contest may be limited to a certain number of participants. The contracting authority shall specify in the advertisement, the criteria for the selection 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.



Section 4 of the jury and a jury its composition shall designate the winning design 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.



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. § 1 or 2, 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 scope of the Act),



— Chapter 4. (General provisions), except sections 6 and 7 on the limitation of the number of candidates may submit a tender, 10 to 12 sections on choice of tenders as well as §§ 13 to 17 if the award of a contract in separate parts,



– Chapter 7. (framework agreements, central purchasing bodies and other coordinated procurement), except sections 14 to 23 if the joint procurement with authority 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 12 – paragraphs 15 (marking), – chapter 14. 2 § (the rights to exercise the profession),



— Chapter 17. 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. sections 6 and 7, Chapter 6. 1 section 5 and sections 20 to 29, 10. 9 and 10 section and Chapter 11. section 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 11 sections, about advertising in 10 Cape. 1, 2 and 4 sections and individual reports in Chapter 12.



sections 15 and 16.



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 may invite specific suppliers to submit tenders and the contracting authority may negotiate with one or more bidders.



Procurement procedures



section 7 of the 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 28% of the threshold referred to in Chapter 5.

§ 1 and applicable to a contracting authority which is not a central contracting authority 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. 12-19 §§ are met or if there are serious reasons. The contracting authority 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 divided into in order to circumvent 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 authority shall take into account the direct procurement of the same kind made by the Authority during the fiscal year.



Advertising



§ 9 in the simplified procedure, the contracting authority shall solicit bids by advertising in an electronic database, which is publicly available.



In the selection procedure, the contracting authority shall publish the applications by an advertisement in an electronic database, which is publicly available. The authority may, 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.



A contracting authority which sets up 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 authority 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 authority.



An authority intends to reserve the right to participate in a tender pursuant to Chapter 4. section 18, 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 the contract notice shall include an indication of the ad



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. the date on which 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 authority for advertising under section 9 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 authority is not able to 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 authority shall participate. 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



18 § A supplier shall be excluded from participation in a tender procedure in accordance with the prescribed in chapter 13. § 1.



A service provider may be excluded under Chapter 13. 2 and 3 sections.



When asked if expulsion is being investigated, 15. 7 to 9 sections are applied.



A contracting authority 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. paragraph 2, the contracting authority shall obtain information from the competent authority.



Limited control



section 20, a contracting authority may limit the control of such 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 that they intend to invite to the hearing or, if no hearing takes place, the tender authority 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 in terms of candidates they intend 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 set by the contracting authority.



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 authority 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 authority must 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.



The award of the contract section 24 a contracting authority, assign the contract supplier whose tender is the most economically advantageous to the authority.



Which tender is the economically most advantageous tender is to be evaluated at any of the following grounds: 1. the best price-quality ratio,



2. cost, or



3. price.



The authority shall, in any of the procurement documents the basis for evaluation of tenders which it intends to use.



25 § When the 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 authority shall assess the impacts 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, it shall instead take them by order of priority.



The authority shall, 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 shall require the provider to explain the low price or cost.



The Agency shall reject the tender if the supplier does not satisfactorily explain the low price or cost.



The authority will 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 of the contracting authorities shall, on the 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, contracting authorities shall 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 contracting authority shall, when decisions on 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 authority shall document the implementation of a procurement. The documentation should be sufficient to justify the Agency's decisions 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 authority which is not subject to the Archives Act apply to the second and third paragraphs.



When a contract is completed, the contracting authorities at a safe way store tenders and requests to participate with their descriptions, models and drawings, and tender lists, compilations, an individual report under 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 authorities should also preserve 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. Not for a contracting authority shall apply the provisions of § 33 applies.



33 § 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. 20 – 24 sections.



Design contests



section 34 the provisions of chapter 18. 1 and 3 to 6 sections also apply to design contests with a value below the threshold laid down 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 Agreement barring



General provisions on contracting locking



§ 1 where 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 authority may not conclude 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 authority in the notification specified 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. 12-19 sections, 2. for the award of the contract with the reopening of competition within a framework agreement in accordance with Chapter 7. paragraphs 7 and 8, 3. for the award of contracts under the dynamic purchasing system, or



4. 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 advertising 3 advertising in accordance with § 10. section 5 or 19 Cape. section 13, the contracting authority may 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 authority.



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

Review of a procurement



section 6, if the contracting authority 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 agreement has been concluded between the contracting authority and the supplier.



section 7 if the contracting authority during the ongoing review of the contract included an agreement in violation of 1, 3, 8, 9 or 10, it shall, at the request of the vendor, review contract in accordance with



13 to 15 sections.



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 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 authority may 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 it to the contracting authority 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 agreement has been concluded



1. without prior advertising under 10 Cape. 1, 2, or section 3, chapter 18. section 2 or 19 Cape. § 9 when it has not been allowed to use direct procurement according to chapter 19,



2. after a reopening of competition within a framework agreement in accordance with Chapter 7. 7 or section 8 and section 9 without those conditions have been complied with as evidenced by the articles or by the framework agreement which is the basis of competition and this has meant that the supplier has suffered or may suffer damage, or



3. According to 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 of the 4


Cape. 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 shall not apply



1. the contracts concluded by a contracting authority after a reopening of competition within a framework agreement in accordance with Chapter 7. 7 or section 8, if the contracting authority has sent a notification of the award decision under Chapter 12. paragraph 12, as well as to comply with a contract barring according to § 1, 2. to contracts concluded by a contracting authority pursuant to a dynamic purchasing system, contracting authorities shall send a notification of the award decision under Chapter 12. paragraph 12, as well as to comply with a contract barring under section, or 3. where a contracting authority through ad under 10 Cape. section 5 or 19 Cape. 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. paragraph 4, or



2. the contracting authority shall inform candidates in writing and the bidders 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 § A contracting authority which has failed to comply 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 the agreement was concluded between the contracting authority and the supplier, or have been 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 authority must 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 authority has signed an agreement with a supplier without prior advertising under 10 Cape. 1, 2, or section 3, chapter 18.

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 charge procurement injury in the cases referred to in article 1 1 and 2.



The regulatory authority may in General Administrative Court requesting that a contracting authority must pay the charge procurement injury in the cases referred to in paragraph 1 of the 3.



Competent court



§ 3 an application to a contracting authority shall pay the fee award should be made of the damage of administrative law with jurisdiction over the domicile of the contracting authority.



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 the



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 authority or from the regulator deems to be a contracting authority to obtain the 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 contracting authority.



paragraph 3 a contracting authority is obliged to provide the information which the supervisory authority requests for their supervision. The same applies to the regulator deems to be a contracting authority.



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 authority or the supervisor deems to be a contracting authority 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



2016:1145



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 (2007:1091) on government procurement.



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. 22 and 23 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 26 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: 1. the 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 of the contracting authority. These characteristics include environmental performance, design for all uses (including accessibility for disabled persons) and conformity assessment, 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 authority in accordance with the General or specific regulations may prescribe in respect of the completed works and if the materials or parts which they involve.



2. "technical specification", in the case of public 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 various phases of the conformity assessment procedures



3. ' 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.



4. 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 the wording under Commission Regulation (EU) No 574/2014.



5. 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.



6. 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.