Contract Amendments and Control in Sweden - Insights and Regulations

Explore the landscape of contract amendments and control in Sweden, delving into areas such as supervision, legislative controls, typical infringements, and the Swedish review system. Gain insights into the challenges, tools, and remedies associated with public procurement in Sweden.

• Sweden
• Contract Amendments
• Public Procurement
• Legislative Controls
• Remedies

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1. Contract Amendments and Control in Sweden Natacha Otte Widgren, Deputy head of unit at the Procurement Supervision Unit Anna G rg rd, Legal counsel at the Legal and Litigation Unit

2. The Swedish Competition Authority Supervisory Body for Public Procurement Our aim is to promote an efficient public procurement for the benefit of the society and the participants in the market Tools/sanctions Procurement fees Supervisory decisions The National Agency for Public Procurement provides support and guidance to contracting authorities when conducting public procurements 2

3. Contract Modifications Area of focus since 2023 At least 8 pending investigations and cases The Supreme Administrative Court preparing to request a preliminary ruling before the ECJ (interpretation of the notion altering overall nature of contract , art. 72.1 (a), (c) and 72.2) Distorts competition but hard to detect Complex legislation and grey areas need for guidance 3

4. Controls in Place Legislative controls Modification notice VEAT-notice (Voluntary Ex-Ante Transparency Notice) Review of the effectiveness of a contract and filing for damages (suppliers) Procurement fee and supervisory decisions (SCA) Monitoring functions at the SCA Whistleblower function Tip-off and Monitoring Unit 4

5. Typical Infringements/Risk Areas Failure to publish modification notice in accordance with Art. 72.1 or lack of sufficient information in notice No deadline in directive for publishing the notices VEAT-notice (Voluntary Ex-Ante Transparency Notice) Special project dedicated to the vetting of VEAT-notices Inadequate disclosure of extent of changes leading to suppliers not filing for review Unlawful application of framework agreements, eg. call-offs deviate from subject matter and/or the agreed rank of suppliers Swedish standard agreements relating to works contracts include unclear review clauses, allowing contracting authorities to materially change contract 5

6. Swedish Review System and Remedies 1. Review of procurement 3. Procurement fee 5. Damages 2. Review of the effectiveness of a contract 4. Supervisory Decisions Supreme Court Supreme Administrative Court Court of Appeal Administrative Courts of Appeal District Court (First instance) Swedish Competition Authority (First instance) Administrative Courts (First instance) Appeal 6

7. Pending Cases The Swedish Police Authority towing services Change of remuneration conditions May be up for a preliminary ruling before the ECJ Region of Stockholm commuter trains Change of remuneration and exclusion of penalty clause Nine regional authorities new IT-system including application management Several consecutive modifications relating to inter alia delayed delivery and penalty clauses 7

8. Follow us @KKVse Konkurrensverket konkurrensverket.se/konkurrenten konkurrensverket.se/nyhetsbrev