kilpailuttomien

Kilpailuttomien is a Finnish term that translates to "uncompeted" or "non-competed" in English. It refers to a situation where a procurement process, typically for goods or services, is not subjected to a competitive bidding procedure. This can occur under specific legal frameworks or in situations where competition is deemed impossible or impractical.

In public procurement, the principle of competition is a cornerstone, aiming to ensure value for money and fairness. However, there are exceptions to this rule. For instance, if there is only one potential supplier capable of providing the required goods or services, or in cases of extreme urgency where a competitive process would be impossible to conduct within the necessary timeframe, a non-competed procurement might be justified. Such procurements are often subject to strict regulations and require thorough documentation to prove the necessity of bypassing the competitive procedure.

The use of non-competed procurements can be a sensitive issue, as it may raise concerns about transparency and potential favoritism. Therefore, legal frameworks in many countries, including Finland, place a high burden of proof on the contracting authority to demonstrate why a competitive tender was not feasible or appropriate. The goal is to balance the need for efficiency and flexibility with the fundamental principles of fair and open competition.