Hankintalaki

Hankintalaki, formally Laki julkisista hankinnoista ja liittyvistä menettelyistä, is the Finnish public procurement law that governs purchases of goods, services, and works by public authorities and certain public-sector entities. It implements European Union procurement directives and is designed to ensure that public purchases are transparent, non-discriminatory, and proportionate, promoting competition and value for money in the use of public funds.

Scope and applicability: The law applies to central government, municipalities, joint municipal authorities, and other public bodies when they perform public functions, as well as to procurements above defined financial thresholds. It covers contracts for goods, services, and works, including special procurement arrangements, and regulates the process from initial qualification to contract award and performance. The aim is to create a level playing field for suppliers and to safeguard fair competition within the internal market.

Procedures and transparency: The act prescribes several procurement procedures, such as open procedure, restricted procedure, negotiated procedure, and competitive dialogue, as well as the use of dynamic purchasing systems and electronic procurement tools where appropriate. Notices must be published in the national system HILMA, and procurements above EU thresholds are additionally published in the EU’s TED. Tender evaluation typically follows the most economically advantageous tender or the lowest price, weighted by factors like quality, life-cycle costs, and sustainability.

Post-award and remedies: After a contract is awarded, it is concluded in writing with terms reflecting the chosen tender. Contractors have avenues to challenge decisions to ensure compliance, including remedies and appeals to relevant authorities, such as the Market Court or administrative courts, to enforce transparency and fairness in the process.