Reopening of competition

When using reopening of competition, the contracting authority shall:

  • consult those suppliers that can implement the contract, in writing (restricted to those suppliers that are parties to the agreement),
  • give the suppliers a sufficient period of time to submit a written tender for each individual contract,
  • not be informed of the content of the written tenders received before the expiry of the response time (subject to confidentiality in relation to tenders contained in Chapter 19, Section 3 of the Public Access to Information and Secrecy Act (2009:400), and
  • award each individual contract to the tenderer that has submitted the best tender on the basis of the award criteria for the reopening of competition stated in the contract documents to the framework agreement.

Terms contained in the framework agreement cannot be renegotiated during the reopening of competition and nor can the requirements stated in the contract be amended or substituted. It is consequently not permitted to make material amendments to the terms. However, if necessary the terms stipulated in the framework agreement may be clarified and supplemented. This involves supplementing or refining the terms contained in the framework agreement in order to embrace special circumstances with a view to being able to perform an individual contract.

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