Upphandlingslagar

Upphandlingslagar is the term used for the set of laws that regulate how public authorities purchase goods, services and works in Sweden, in alignment with European Union procurement directives. The aim is to ensure that procurement is conducted in a transparent, competitive and non-discriminatory manner, delivering value for money and fair treatment of bidders. The rules cover the stages from planning and advertising to tendering, award decisions and contract management.

The scope of upphandlingslagar typically includes contracting authorities such as central government agencies, municipalities, and regions, as well as certain utilities and sectors under special rules. They govern who may bid, how procurements are published, what documentation is required, the procedures that may be used, and how contracts are executed and monitored. The framework is designed to facilitate cross-border competition within the EU while allowing national adaptations for specific sectors and procurement categories.

Key procedures under upphandlingslagar include open and restricted tenders, negotiated procedures with or without prior publication, and, in some cases, competitive dialogue or innovation partnerships. Bidders are evaluated according to defined selection criteria (for example, economic and financial capacity and technical ability) and award criteria (such as price and other factors that determine the most advantageous tender). Public notices, electronic procurement platforms, and framework agreements are commonly used tools to manage transparency and efficiency.

Enforcement and remedies are an integral part of the system. If a participant believes a rule has been breached, they may challenge the process in administrative courts or seek remedies such as contract annulment or re-tendering, often after a standstill period. In recent years, emphasis has grown on digitalization, sustainability criteria, and SME access, with the Swedish Agency for Public Procurement (Upphandlingsmyndigheten) providing guidance and central procurement support.