The contracting authority is free to choose between a simplified procedure or a selection procedure.
The alternatives are:
A ‘simplified procedure’ means a procedure where all suppliers are entitled to participate. Participating suppliers are to submit tenders and the contracting authority may negotiate with one or more tenderers.
A ’selection procedure’ means a procedure where all suppliers are entitled to apply for submitting tenders. After that, the contracting authority invites certain suppliers to submit tenders and the contracting authority may negotiate with one or more tenderers. There are no provisions that govern in more detail how this selection is to be made. However, the fundamental principles of European Union law must be complied with.
A ‘direct award of contracts’ means a procedure without special requirements for tenders. A direct award of contracts may only be used if the value of the contract amounts to at most 15 per cent of the threshold for products and services that applies to all contracting authorities except central government authorities, provided certain preconditions for a negotiated procedure without prior publication are fulfilled or there are exceptional grounds. The limit for the direct award of contracts is prescribed by Chapter 15, Article 3 of LOU together with the Government’s annual announcement concerning the thresholds, and is SEK 534,890. This limit applies to works contracts, public supply contracts and public service contracts.
In the case of the direct award of contracts, price comparisons should also be made between different suppliers when possible. If contracts are repeatedly awarded for the same kind of product or service without a prior contract notice, a framework agreement should be considered that is then concluded after a formal procurement.
A procurement may not be divided into smaller lots with the intention to avoid the regulations of LOU.
This procedure allows the contracting authority to conduct a dialogue with selected suppliers to identify and define how the needs of the authority can best be fulfilled.
The aim here is for competitive dialogue to provide a flexible procedure for awarding a particularly complex contract where a simplified or selection procedure does not allow the award of contracts.
Competitive dialogue may be used when it is impossible to formulate a more exact specification, and in cases where it is not possible to formulate specifications that make it possible to value all of the solutions offered by the market. This procedure can be used when the contracting authority basically knows the final result that it wishes to achieve, but where the authority cannot determine in advance how to achieve this result in the best way in the form of, for example, funding, legal issues or technical solutions.
Competitive dialogue may be used regardless of whether the procurement relates to works, products or services.