By reason of the Court of Justice of the European Union’s judgment in case C-216/17 (Coopservice) and the subsequent extensive debate on the matter, the Swedish Agency for Public Procurement recently published guidelines on maximum volumes in framework agreements. According to the Coopservice judgment, a framework agreement must include a maximum quantity of the procured products or services. The judgment was issued in December 2018 and has since raised several questions relating to how to interpret the judgment and how to apply maximum volumes in publicly procured framework agreements in practice.
- The Agency for Public Procurement’s guidelines address several of the issues relating to maximum volumes and the practical implications of the Coopservice judgment. A few summarized examples of key takeaways from the guidelines are:
The agency recommends – due to legal uncertainty – that contracting entities as a main rule apply maximum volumes not only in framework agreements entered with one supplier, but also those entered with several suppliers.
- The maximum volume should address the maximum amount or scope of products and/or services or, as an alternative, be expressed through a monetary value. It is not necessary to determine both a maximum amount and a maximum value.
- Where several entities are able to make call-offs from the framework agreement, it is normally sufficient to determine a joint maximum volume under the framework agreement.
The guidelines in their entirety can be found, in Swedish, under the link below:
Time Advokatbyrå continuously provides advice to contracting entities and suppliers within the field of public procurement. If you would like to know more about this ruling or need assistance with public procurement legislation, please reach out to Jonas Forzelius, head of public procurement.