• About us
    • About Lindahl
    • How we work
    • Said about Lindahl
    • Press
    • Find us
    • Privacy
  • Areas
    • Commercial dispute resolution
    • IT/Tech
    • Intellectual property
    • Life Sciences
    • M&A
    • All areas
  • Our people
    • Stockholm
    • Göteborg
    • Malmö
    • Uppsala
    • Helsingborg
    • Örebro
  • Latest news
    • Cases and transactions
    • News
    • Events
    • Knowledge
    • Portraits
  • Offices
    • Stockholm
    • Göteborg
    • Malmö
    • Uppsala
    • Örebro
    • Helsingborg

An obligation to take into consideration direct procurements “of the same type” disappears

  • Home
  • Latest news
  • Knowledge
  • 2022
  • An obligation to take into consideration direct procurements “of the same type” disappears

From 1 February 2022, the calculation rules in Chapter 5 LOU apply to all procurements, regardless of their value. That means that there will no longer be an obligation to include previous direct procurements “of the same type” carried out during the financial year when estimating the value of a direct procurement. The provisions of Chapter 5 LOU are applied instead.


Although the amendment to the Act aims to simplify the calculation of the estimated value, questions are raised as to how a procuring authority must actually determine whether or not a procurement is below the direct procurement limit. For example, will it be free to procure directly as long as each individual direct procurement is below the direct procurement limit? The question is not very easy to answer and must be decided on a case-by-case basis.

The prohibition on dividing up a procurement in order to circumvent the provisions on procurements subject to an obligation to advertise will continue to apply. There is also a specific provision in Chapter 5. Section 11 LOU on how the value of a goods or service contract that is regularly recurring or that is to be renewed within a certain period of time must be calculated. The provision entails an obligation to include the total value of similar contracts procured during the previous twelve-month period or to include the estimated total value of a series of contracts that will be procured in the next twelve-month period after the first delivery. It must be noted that both advertised and unadvertised procurements must be included in the value in accordance with Chapter 5, section 11 LOU.

 

Summary


To sum up, it may be stated that, under certain conditions, there will also be an obligation in future to include the value of other procurements when calculating the value of a direct procurement.

If you want to know more about the new simplified regulations or how the value of a direct procurement must be calculated, you are of course very welcome to contact one of us or your regular contact person at Lindahl.

 

Public procurement/public sector

Lindahl has solid experience in providing legal advice concerning the public sector and public procurement.

Visit page

Related

  • 1/14/2022 6:05:29 PM The Supreme Administrative Court decides on matters relating to ceiling volume and – above all – damage assessment
  • 1/18/2022 6:06:45 PM New AMA AF

Contact

  • Annika Andersson

    Malmö

    annika.andersson@lindahl.se +46 730 399 240
  • Philippa Nilsson

    Malmö

  • Sarah Ottosson

    Malmö

    sarah.ottosson@lindahl.se +46 723 571 425
Pages
  • Start
  • About us
  • Areas
  • Our people
  • Latest news
  • Privacy
Our offices
  • Stockholm reception.stockholm@lindahl.se +46 8 527 70 800
  • Göteborg reception.goteborg@lindahl.se +46 31 799 10 00
  • Malmö reception.malmo@lindahl.se +46 40 664 66 50
  • Uppsala reception.uppsala@lindahl.se +46 18 16 18 50
  • Örebro reception.orebro@lindahl.se +46 19 20 89 00
  • Helsingborg reception.helsingborg@lindahl.se +46 42 17 53 00
Social media
  • Connect with us on social networks: Instagram, Linkedin, Youtube, Facebook,

Disclaimer

The material and information on this site is intended for general informational purposes only and does not constitute legal advice on any specific matter. Please note that all images on Lindahl's website, www.lindahl.se, are subject to intellectual property protection and downloading, publication, copying and/or other use of the images requires the written consent of the rights holder. You'll find Advokatfirman Lindahl KB's general terms and conditions here.

Some cookies are essential, others help us improve your experience by providing insights into how the site is used. For more information, please visit our Cookie Policy.

Essential Cookies

These cookies are necessary for the functionality of the site and cannot be disabled.

Analytics Cookies>

We use Analytics cookies to collect information that gives us insight into how our website is being used. We anonymize IP addresses in Google Analytics. By clicking on Decline we won't save theese cookies.

Decline
We use cookies to get insights on how our site is used and give our visitors the best possible experience