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On Friday, the Swedish Supreme Administrative Court ruled in a case regarding the use of direct award procedure within public procurement.

In certain cases, such as when a procurement of a low value is conducted, a contracting entity may procure products or services using the direct award procedure. In such case, the contracting entity may structure its procedure as it finds suitable, provided it acts in accordance with the fundamental principles of public procurement. If the contracting entity invites several suppliers to submit tenders, it must for example ensure that all suppliers are given the same information and that the information as such is sufficiently clear.

In this recent ruling, the Supreme Administrative Court nuanced the requirement to adhere to the fundamental principles by stating that the bar is not placed as high when using the direct award procedure as for the standard procedures. In the case at hand, the Supreme Administrative Court found (even though the criteria for evaluating the tenders were constructed in a general manner and gave the contracting entity a significant discretion in its assessment of the tenders) that there was no room for arbitrary or improper assessments of the tenders by the contracting entity. As the contracting entity was entitled to use the direct award procedure, the court ruled that the contracting entity had not violated the law.

Time Advokatbyrå continuously provides advice to contracting entities and tendering companies 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 at jonas.forzelius@timelaw.se or +4670-7530969.

The ruling in its entirety can be found, in Swedish, under the link below.

http://www.hogstaforvaltningsdomstolen.se/Domstolar/regeringsratten/Avg%C3%B6randen/2018/3830-17.pdf