The Swedish Act on Public Procurement (Lag 2016:1145) regulates how public authorities and other contracting entities procure goods, services, and construction works. The law aims to ensure transparency, non-discrimination, and efficient use of public funds. It lays out general principles such as equal treatment, proportionality, and mutual recognition. It also details which entities are subject to the law, the types of procurement covered (including goods, services, and works), and the procedures to follow, particularly when contracts exceed certain financial thresholds (tröskelvärden). Various exceptions are listed, such as procurements related to defense, international obligations, and specific professional services.
The Act is structured into multiple chapters that define procurement methods (like open or negotiated procedures), set rules on framework agreements and electronic procurement systems, and outline how public entities must communicate with suppliers. It also covers supplier qualification, exclusion criteria, evaluation of bids, and award of contracts. Special provisions apply to mixed contracts (those combining multiple types of procurement), innovation partnerships, and projects funded or co-funded by contracting authorities. Additionally, the law includes provisions on contract performance and changes, as well as remedies like contract suspension, judicial review, and damages.
Furthermore, the law emphasizes social and environmental considerations, encouraging authorities to factor in sustainability and labor rights where appropriate. It provides flexibility for reserved procurements targeting social enterprises and sheltered workshops. The Act incorporates EU directives and aligns Swedish procurement practices with EU internal market rules, maintaining consistent terminology through CPV codes and standard definitions. Its annexes list specific types of contracts and services that may fall under distinct procedures. Overall, the law serves as a comprehensive framework to promote fair and strategic public procurement.