Hankintalakien

Hankintalakien is the Finnish term used to refer to the body of laws that governs public procurement in Finland. The cornerstone is Hankintalaki, the Public Procurement Act, which implements European Union directives on public procurement and concessions. Together, these laws regulate how public authorities and other contracting entities purchase goods, services, and works, including the procedures to be followed, the criteria for selecting suppliers, and the remedies available if procurement decisions are challenged.

Scope and applicability

The hankintalakien apply to central government bodies, municipalities, and public sector entities, as well as to certain private bodies performing public duties under contract. They cover procurements carried out by these entities regardless of the procurement method, provided above-threshold contracts fall under EU rules and lower-threshold procurements may be subject to national provisions.

Procurement procedures and criteria

The laws set out standard procedures such as open and restricted procedures, competitive dialogue, and negotiated procedures with or without prior publication. They also allow for consultation and use of various award criteria. Contracts are typically awarded based on the most economically advantageous tender, which may combine price with factors like quality, technical merit, life-cycle costs, and sustainability considerations.

Thresholds and advertising

EU procurement directives influence which contracts must be advertised in large-scale channels, such as the Official Journal of the European Union, depending on contract value. Below-threshold procurements follow national rules, which still emphasize transparency and non-discrimination.

Remedies and enforcement

Bidders can challenge procurement decisions in Finnish administrative courts or through other established remedies under the hankintalakien. Enforcement bodies, such as the Competition and Consumer Authority, oversee compliance and provide guidance to contracting authorities.

History

The primary framework dates to the Hankintalaki enacted in the 2000s, with ongoing amendments to align with evolving EU directives and national policy goals.

See also

Public procurement, EU procurement directives, Finland, Competition and Consumer Authority.