Upphandlingslagen

Upphandlingslagen is a Swedish public procurement law that governs how public authorities procure goods, services and works. The act is designed to ensure fair competition, transparency, equal treatment, and proportionality in procurement processes, while seeking best value for public money and the functioning of the internal market within the European Union.

Who it applies to: Contracting authorities in the state, municipalities, and county councils, as well as some entities organized under public law. The law also applies to entities performing public tasks on behalf of authorities. Some procurements are exempt, including internal arrangements, purely private purchases, and certain defense or security procurements that fall outside the general regime.

Procurement procedures: The act prescribes formal procedures for competitive bidding, such as open procedures, restricted procedures, and negotiated procedures, as well as possibilities for competitive dialogue and use of dynamic purchasing systems or framework agreements. Public notices and qualification of suppliers are required, especially for procurements above EU thresholds. The selection and award criteria must be objective and relate to the contract’s purpose.

Evaluation and award: Tenders are evaluated using criteria such as price, quality, sustainability, and life-cycle costs. The most economically advantageous tender is often prioritized. Contractors must meet minimum requirements for economic and financial standing and professional qualifications.

Contract performance and remedies: After an award decision, governing terms must be followed, including contract performance with any relevant sub-contracting rules. Bidders have the right to challenge awards in specialized courts, and procurement suspensions are possible during review.

Relation to EU law and supervision: The Upphandlingslagen implements EU procurement directives and is subject to interpretation by courts and supervisory authorities. It interacts with other public procurement laws and regulations and is periodically updated to reflect EU rules and national policy priorities.