kilpailuttamattomissa

Kilpailuttamattomissa refers to procurement procedures that are carried out without open competition in Finland. The term is used mainly in public procurement contexts, where normally the state or local authorities must invite several suppliers to submit offers before making a purchase. When a competitive tendering process is not feasible or is unnecessary, the authorities are allowed to use a non-competitive procurement in accordance with the Finnish Public Procurement Act.

Non‑competitive procurements are only permitted under specific circumstances. The Act allows a direct award when there is only one supplier available, when the goods or services are extremely specialized or require a single source, or when the procurement involves a very small quantity and the time available for tenders is short. The authorities must document that the conditions for a competitive tendering are genuinely lacking and that the procurement still meets the licence criteria for overall fairness and transparency.

The procedure requires a written justification that explains why the competitive tendering is not applicable. This justification, along with an internal assessment of risk, must be filed with the procurement board. The procurement board reviews the documents, can request an alternative evaluation or a limited tender, and finally approves the non‑competitive award. The decision is recorded publicly and must comply with the principles of equal treatment and non‑discrimination. By controlling the use of non-competitive procurement, the legal framework prevents abuse and ensures that public funds are spent efficiently while maintaining accountability.