Hankintalainsäädännöt

Hankintalainsäädännöt comprise the legal framework governing the procurement of goods, services, and works by public sector entities. These laws are designed to ensure fair competition, transparency, and efficiency in public spending. In Finland, the primary legislation is the Act on Public Procurement and Concession Contracts (Julkisten hankintojen ja käyttöoikeussopimusten laki), which is largely harmonized with European Union directives.

The core principles of procurement legislation include equal treatment, non-discrimination, proportionality, and mutual recognition. These principles dictate that all potential suppliers must be treated impartially and given an equal opportunity to compete for public contracts. Transparency is achieved through mandatory publication of procurement notices and contract awards, allowing for public scrutiny and accountability.

Procurement processes are typically divided into different procedures based on the value of the contract. For contracts exceeding certain thresholds, stricter procedures, such as open procedures or restricted procedures, must be followed. Smaller procurements may allow for more simplified processes, but still require adherence to fundamental principles.

The legislation also sets out rules for the selection of suppliers and the award of contracts. Criteria for qualification and award must be objective and clearly defined in advance. The most economically advantageous tender is generally the basis for awarding a contract, considering factors like price, quality, and environmental aspects.

Furthermore, hankintalainsäädännöt include provisions for challenging procurement decisions. Unsuccessful tenderers have the right to seek review of the procurement process if they believe the laws have been violated. This appeals mechanism helps to ensure that public procurement is conducted lawfully and fairly.