Reuse in public procurement – a tough nut to crack

Advantages of reuse in procurement

Public and private actors invest large sums annually in procured goods and construction contracts. Purchasers thereby have a strategic opportunity to drive the transition towards a circular economy by setting requirements for reuse and circular solutions already in the procurement phase.

Successful implementation of reuse requires systematic planning early in the process. This includes, amongst other things, mapping available resources, identifying reusable components and ensuring that materials can be dismantled and recycled in an efficient manner.

Companies that reuse goods and materials have the potential to limit their climate impact and, in many cases, good opportunities to reduce their costs. As climate targets and legislation become stricter, companies that begin their transition now can also be one step ahead. Planning for circular flows already in the procurement phase can thus contribute to more sustainable projects, but in many cases requires significant preparatory work and expertise.

Requirements for reuse in procurement

One option for purchasers is to set requirements for reuse in procurement. This can also be associated with challenges. Incorrectly formulated reuse requirements can, within public procurement, lead to review proceedings, and contractual commitments must be clearly defined in order to be followed up. Requirements for reuse must thus be formulated in such a way that they are both clear and proportionate, which in certain cases can be easier said than done.

Reuse requirements can be formulated as technical specifications, evaluation criteria or contractual terms, but they must always be proportionate, relevant and measurable in order to be compatible with procurement legislation.

Lessons from Upphandlingsfokus i Syd (Procurement Focus South)

During the panel debate "How reuse drives procurement towards a sustainable future" at Upphandlingsfokus i Syd 2025, representatives from the public sector, business and academia gathered to share their perspectives on the question of reuse. The panel discussion showed that reuse has great potential, but the road there is lined with practical challenges that must be managed strategically.

The panellists were unanimous that reuse on a larger scale will become necessary for a sustainable future. At the same time, the discussions showed that both purchasers and contractors face concrete challenges that cannot be ignored.

Examples of challenges that can arise in this context are how reused material is procured, who is responsible for warranties and durability of reused goods, and how reused material should be handled. In addition, purchasers and contractors/suppliers who choose to work with reuse and sustainability issues may need to invest in new processes and documentation systems – investments that can take time before they yield financial returns.

"The discussions during Procurement Focus South clearly showed that reuse is a complex issue that requires careful planning and different types of knowledge. There is potential for both environmental benefits and business advantages, but the road there is not always straight."

– Lina Johansson, moderator of the panel debate and associate at Advokatfirman Lindahl.

Lindahl's comment

At Lindahl, we see that interest in reuse is growing both generally and in procurement contexts. Reuse requires both technical and legal considerations as well as careful risk assessment. By understanding the challenges already in the procurement phase, actors can avoid costly mistakes and appeals. And what is procured today – even if no reuse takes place – may become subject to reuse in the future.

Our experience within public procurement and sustainability law enables us to support actors in finding solutions that are both legally sound and practically feasible.

Do you need help navigating the reuse issues in your next procurement? Contact Lindahl's procurement team or read more here.