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National Public

Procurement Strategy
Photo: Andreas Ulvdell/Folio (Cover), Maskot/Folio (Page 8, 12, 16, 18, 20, 22, 24), Thyra Brandt/Folio (Page 8, 14)
Production: Ministry of Finance/Communications Department
Engelsk översättning framtagen i samarbete med Upphandlingsmyndigheten/English translation made in cooperation with The National Agency for Public Procurement
As the Minister responsible for
public procurement in Sweden,
I have noted that more guidance is
required before public procurement
is the strategic tool that the Swedish
Government wants it to be.
The contracting authorities and enti- National Public Procurement Strategy
ties need to take greater responsibility is actually implemented by the con-
for procuring more strategically and tracting authorities and entities. The
for using tax assets in the best possi- Government expects results and will
ble way. Here I see an important task follow this development closely.
for the Government to be clear that
the governmental authorities have
that responsibility. It is the Govern-
ment’s hope that what is stated in the

National Public Procurement Strategy 3


4 National Public Procurement Strategy
Content

Why is a National Public Procurement


Strategy necessary?......................................................................... 6

Procurement strategy for whom?................................................. 9

What types of purchasing is the strategy aiming at?............. 10

How was the strategy developed?............................................. 10

How will the strategy be followed up?....................................... 10

Orientation objectives................................................................... 11

Public procurement as a strategic tool


for doing good business............................................................... 12

Efficient public procurement....................................................... 14

A multiplicity of suppliers and


well-functioning competition ...................................................... 16

Legally certain public procurement............................................ 18

Public procurement that drives


innovation and alternative solutions......................................... 20

Environmentally responsible public procurement.................22

Public procurement that contributes


to a socially sustainable society.................................................. 24

National Public Procurement Strategy 5


Why is a National Public Procurement
Strategy necessary?

Sweden’s public sector faces a series efficiency and quality in the public of public administration strengthens
of major challenges. Changes in the sector, at the same time as meeting democracy. The Swedish public ad-
world around us, for example in Sweden’s international obligations ministrative model, with far-reaching
climate, the environment, demo- within the EU, the WTO and our delegation of responsibilities to coun-
graphic trends and migration flows, free trade agreements. ty councils and municipalities, con-
as well as changes in citizens’ expec- tributes to efficient, development-led
tations of service, are making great The expenditure of Sweden’s public central government administration.
demands of how the public sector sector will play a crucial role in the Another important prerequisite is a
functions. Efficient public procure- country’s national implementation of coordinated form of administration,
ment is crucially important to an the UN’s 2030 Agenda for long-term characterised by a holistic approach
efficient social service provision that sustainable economic, social and and a shared acceptance of responsi-
lives up to the justified expectations environmental development3, as well bility for society as a whole.
of the country’s citizens. as Sweden’s Policy for Global Develop-
ment.4 Systematic activities at national As part of its policy for development
Today, the public sector procures level will also create credibility at in public administration, the Govern-
goods and services annually to a international level. The Government’s ment has initiated a trust reform. The
value of approximately SEK 625 ambition is to contribute actively to the remit of the commission is to develop
billion.1 In view of the major sums efforts of the UN and international the procedures for control and follow
spent in public procurement, a more financial institutions in establishing the -up in the public sector, in a way that
strategic approach to public procure- foundations for sustainable develop- balances the need for control with
ment not only offers substantial sav- ment via its own public procurements, confidence in the professional knowl-
ings but also several other benefits to and promoting modern and sustainable edge and experience of the employees
society. There is much to suggest that development in its partner countries. concerned.
several of the serious problems that
affect public procurement are directly Another aim of the strategy is to make Public procurement is an important
linked to the absence of a sufficiently innovation procurement a natural part part of the Government’s administra-
strategic perspective (SOU 2013:12)2 . of organisational development at the tive policy and an important means
contracting authorities. of achieving its administrative policy
A national strategy is needed to pro- objective, namely, an innovative and
mote innovations and be a catalyst The strategy is needed in order to collaborative system of central gov-
for new ideas in the public sector and create the right conditions for small ernment administration that is legally
the business community. It is need- enterprises and non-governmental certain and efficient, delivers a high
ed to achieve the Government’s aim organisations to participate in public standard of quality, service and avail-
of establishing public procurement as procurements. ability and thereby contributes to
a strategic tool for efficient organi- Sweden’s development and effective
sations and a means of achieving the How can public procurement work at EU level.
national environmental, social sus- play a part in making the
tainability and administration policy Government’s administrative
objectives. With the aid of well-func- policy a reality?
tioning competition, the Govern- Public administration serves a central
ment’s ambition is to use public role in Sweden’s development.
procurement as a tool for improving Alegally certain and efficient system

1
According to information from the Swedish Competition Authority. See for example report 2016:4 Upphandling enligt lägsta pris behöver inte ge sämre kvalitet
(Procurement based on lowest-price does not necessarily mean poorer quality), in Swedish, April 2016.
2
Sweden’s Public Procurement Inquiry
3
In September 2015, the UN General Assembly adopted the following resolution: Transforming our world: the 2030 Agenda for Sustainable Development, A/
RES/70/1, which incorporates a 15-year agenda for long-term sustainable economic, social and environmental development linked to fighting poverty.
4
Proposition 2002/03:133 – Gemensamt ansvar: Sveriges politik för global utveckling (Government bill on Sweden’s Policy for Global Development)

6 National Public Procurement Strategy


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What has the Government done to date?

In order to create a solid foundation for of the national regulations is intend- strategic work on public procurement.
a strategic public procurement process, ed to simplify the regulatory structure The strategy presents proposals for con-
the Government has initiated an exten- and create more flexible provisions for crete actions that can be taken within
sive reform in the area of public pro- procurement of social services or other the contracting authorities and entities.
curement. The reform consists of three special services. The actions proposed in the strategy are
elements: the procurement legislation, relevant regardless of the public sector
the National Public Procurement Strat- The National Agency for Public activity concerned. With the procure-
egy and the establishment of the Na- Procurement ment strategy, the Government wants
tional Agency for Public Procurement. In September 2015, the National Agency to demonstrate the benefits that can be
for Public Procurement was estab- achieved through a strategic approach
The procurement legislation lished. The Government chose to place to purchasing. The Government also
One of the widest-ranging legislative support for public procurement with- wishes to show in concrete terms how
tasks during the Government’s man- in an independent authority to raise its the approach to purchasing highlighted
date period consists of implementing the profile and to provide organisational in the strategy can be achieved in each
three EU procurement directives and get conditions that would enable the particular activity.
the new national legislation in place. National Agency for Public Procure-
ment to provide as effective support as Example: The Welfare Commission
Most of the provisions in the Swedish possible. The National Agency for
Public Procurement Act (2007:1091) Public Procurement has a broader One example of the Government’s
work to establish more flexible
concern public procurements above the remit than the previous support for
provisions on procurement of social
EU thresholds. Even if the number of public procurement provided by the services and other special services
public procurements over the threshold Swedish Competition Authority. It has was the remit to the Swedish Wel-
has risen sharply in recent years, only the overall responsibility for developing, fare Commission to propose ways
approximately one out of three calls for managing and supporting the public in which the regulatory system go-
tender are covered by the public pro- procurement carried out by contracting verning the procurement of welfare
curement directives in Sweden. Hence, authorities and entities. services could be simplified and
the majority of all public procurements made more flexible (Dir. 2015:22).
do either not fall within the scope of National Public Procurement
the EU directives or are subject to only Strategy
a few rules in the directives. In other The purpose of the Government’s work
words, they are public procurements on developing a National Public
that are below the threshold values Procurement Strategy has been to make
specified or that concern social services it possible for contracting authorities
or other special services. The review and entities in Sweden to develop their

National Public Procurement Strategy 7


What are the Government’s objectives for public procurement?

The objective for the policy area public achieving this objective and at mental criteria, shall be stipulated in
procurement is that all public pro- the same time brings about several public procurements, where justified.
curement shall be efficient, legal- positive effects for the society. These Stipulating criteria that promote
ly certain and take advantage of the include driving increased growth and environmental and social concerns
competition in the market. It shall employment together with sustainable makes a difference, and at the same
also promote innovative solutions development of environmental, time enables the public sector to
and take environmental and social social and ethical aspects. Contracting deploy tax revenues in an effective way.
concerns into account. authorities and entities shall lead by
example in the management of their
Strategic implementation of public resources. Sustainability criteria,
procurement is an effective means of including labour law and environ-
On the basis of its overarching objec-
tive, the Government has formulated
seven policy objectives for its procu-
rement strategy.
1 Public procurement as a strategic
tool for doing good business.
2 Effective public purchasing.

3 A multiplicity of suppliers and


well-functioning competition.
4 Legally certain public procure-
ment.
5 Public procurement that drives
innovation and promotes
alternative solutions.
6 Public procurement that is
environmentally responsible.
7 Public procurement that contri-
butes to a socially sustainable
society.
The Government has prioritised the
reform of public procurement in
Sweden. However, it is the actions
taken by the contracting authorities
and entities that will decide whether
the Government’s objectives for
public procurement can be accom-
plished. The real work starts once the
policy objectives actually are to be put
into practice..

8 National Public Procurement Strategy


Procurement strategy for whom?

The procurement strategy is aimed, in Sweden. Suppliers, industry organ- business development. State-owned
above all, at representatives of the isations and the organisations of civil companies shall operate strategically,
central government authorities. It is societies all bear responsibility for act transparently, collaborate with
the Government’s desire and inten- improving the process of public pro- other companies and stakeholders
tion that these actors should imple- curement. The procurement strate- as well as comply with international
ment the procurement strategy. It is gy incorporates aspects that concern guidelines in the field. Anti-corrup-
the central government authorities each and every one of these target tion is part of the Government’s
that are able to be at the forefront in groups and provides guidance on the definition of sustainable business.
the development of public procure- choice of priorities for achieving the
ment by using a strategic perspective objectives of public procurement.
in the purchases of their organisa- Contracting authorities and
tions. The category “contracting authorities contracting entities
and entities” in Sweden includes or- Contracting authorities:
However, the municipalities and ganisations with a range from a few Central and municipal government
county councils account for the bulk employees to several thousands. authorities, such as decision-making
of public purchasing in Sweden. These organisations procure every- assemblies in municipalities and
Against that background and with thing from new hospitals and rail- county councils and certain bodies
reference to the procurement strate- way lines to pens and copying paper. governed by public law (for ex-
gy, the Government also intends to Similarly, suppliers range from small ample, most municipal-owned and
some central government-owned
work to ensure that representatives non-governmental organisations
corporations). Combinations of one
of municipalities and county councils to huge multinational groups. The or several contracting authorities or
as well as other contracting author- policy in the procurement area one or several bodies governed by
ities and entities, adopt governing covers many different and widely public law also constitute contrac-
documents to put the policy objec- diverse activities. The procurement ting authorities.
tives and the Government’s aims strategy applies to all contracting
Contracting entities:
for public procurement into practice authorities and entities. Contracting authorities and public
within their activities. It is of crucial undertakings exercising activities
importance that central government within the field of energy, water,
authorities collaborate closely with State-owned companies transport and postal services, ba-
municipalities and county councils The procurement strategy is also sed on a specific or exclusive right.
in implementing and following up aimed at representatives of State-
on the strategy. For example, central owned companies. The Government
government authorities can collabo- is of the view that the State, in its
rate with municipalities and county capacity of company owner, must
councils in innovation procurements. ensure that State-owned companies
act responsibly and in exemplary
In order for the objectives of public fashion in their purchasing. The Gov-
procurement to be achieved, it is nec- ernment wants to emphasise that the
essary for the contracting authorities State’s policy on ownership in State-
and entities to be able to see the value owned companies states that such
of having similar aims as expressed in companies shall act in an exemplary
the strategy for their own operations. way within sustainable business and
Only then it will be possible to bring otherwise act in order to ensure that
about a change. they gain the trust of the public. Inte-
gration of sustainability issues into the
Other actors also play a vital role in organisation shall form a natural part
how public procurement will develop of a long-term business strategy and

National Public Procurement Strategy 9


What types of How was
purchasing is the the strategy
strategy aiming at? developed?
The procurement strategy should be The National Public Procurement
applied to all public purchases, that is, Strategy is ineffective if not applied
all acquisitions of goods, services and to day-to-day activities. During the
contracts made with public funds. process of developing the strategy, it
Even if it is a strategy for public pro- was important to provide stakeholders
curement, it is also relevant to pub- with the opportunity of commenting
lic purchases that are not subject to on the details of the strategy, for
the rules on public procurement. The example via questioning of experts.
aim is therefore that the strategy shall Stakeholders such as the Swedish
be applicable not only to purchases Association of Local Authorities and
within the scope of the rules on pub- Regions (SALAR), the Swedish Com-
lic procurement – namely the Public petition Authority and the National
Procurement Act (2016:1145), the Agency for Public Procurement
Act on Public Procurement of Water, participated in the development
Energy, Transport and Postal Services of the strategy.
(2007:1092), the Defence and Security
Procurement Act (2011:1029), and
the rules stated in the Act on Sys-
tem of Choice in the Public Sector How will the
(2008:962) – but also to purchases
outside the scope of Sweden’s public strategy be
procurement legislation, for example
in connection with the procurement
followed up?
of research and development services.
The strategy is also intended to be It is important that the National
applicable to call-offs under frame- Public Procurement Strategy results
work agreements. in actions taken by the contracting
authorities and entities.
The strategy is applicable to State-
owned companies that are subject to The National Agency for Public
Swedish public procurement legisla- Procurement has a specific task of
tion when making purchases. implementing and following up the
Framework agreements strategy on the basis of seven poli-
Purchases by central government cy objectives. In view of the results
authorities are often made by way of from the National Agency for Public
call-offs from one of the framework Procurement’s follow-up, work on the
agreements concluded by the Natio- strategy within the contracting author-
nal Procurement Services (SIC) at ities will also be followed up in various
the Legal, Financial and Administrative ways by the Government. At the level
Services Agency. SIC is tasked with of the governmental authorities, this
offering framework agreements for may take place in the form of inter-
goods and services that are regularly authority dialogue or, where appropriate,
procured by the central government via special projects.
authorities, on a large scale or at high
values. SIC provides support and gui-
dance both to government authori-
ties using the coordinated framework
agreements and to suppliers.

10 National Public Procurement Strategy


Policy objectives

1
Public procurement
as a strategic tool for
doing good business.

2
Effective public
purchasing.

3
A multiplicity of suppliers
and well-functioning
competition.

4
Legally certain public
procurement.

5
Public procurement that drives
innovation and promotes
alternative solutions.

6
Public procurement that is
environmentally respon-
sible.

7
Public procurement that
contributes to a socially
sustainable society.

National Public Procurement Strategy 11


1
Public procurement as a strategic
tool for doing good business

Decision-makers must be aware that Make public procurement


strategic use of public procurement is issues part of organisational
a prerequisite that will enable the pub- development
Take advantage of the lic authority or entity to achieve its The distance between strategic de-
organisational objectives and do good cision-makers and those responsible
strategic importance of
business (see report SOU 2013:12, for the work of public procurement
public procurement in or- page 19), thereby helping to create needs to be reduced. Purchasing is an
der to develop the busi- benefit for citizens and to develop the important part of business develop-
business sector. Major gains can be ment., Purchasing strategies need to
ness activity while provid-
made through a more fit-for-purpose be based on the objectives and needs
ing an efficient service to organisation and an objective-focused of the organisation as well as to ensure
society at the same time. public procurement process. The pub- that goods and services delivered meet
lic procurement process offers potential the quality criteria as specified in the
for achieving various objectives procurement documents to the right
for public sector activities such as price as determined by the market.
financial, qualitative, social and
environmental goals.

12 National Public Procurement Strategy


In particular, public procurement purchasing strategy, the management How can this objective
may serve as a means in the process is able to formulate a clear ambition be achieved?
of digitalisation that public adminis- for how the organisation’s
By ensuring that representatives of
tration as a whole is facing. Digitalisa- purchasing can become a tool for your organisation and strategic
tion is a tool for achieving the admin- achieving overarching objectives. decision-makers learn about the
istrative policy objective of a legally support that the National Agency for
Public Procurement, among others,
certain and efficient system of pub- Keep statistics on purchases-
offers in order to expand your
lic administration, at a high level of Statistics in the public procurement knowledge on how public
quality, service and availability. When sector today is inadequate. As a procurement may be used as a tool
for strategic development of the
setting procurement criteria, attention result, there is uncertainty as to the
organisation.
should be paid to ensuring that the annual total value of public procure-
information stored in the system can ment in Sweden. Inadequate statistics
By publishing the public
be accessed in the simplest way possible also create difficulties in evaluation procurement documentation as
for further use. and follow-up in the field of public open data upon completion of the
procurement. Statistics is also lacking public procurement.
See the value of developing concerning environmental public
a purchasing strategy procurement, how social criteria are
By ensuring that your authority’s
A purchasing strategy provides taken into account, including gender-
management develops clear and
increased opportunities for based statistics, and the extent to well-defined purchasing objectives
professionalization, creative ideas which public procurement is used to based on the strategy – and that
and innovation as well as a clearer drive innovation. In addition, a better these objectives are communicated
throughout the organisation.
connection to the organisation’s overview of the expenditures of the
other objectives and strategies. With a contracting authorities and entities is By ensuring that your authority’s
needed in order to create better con- purchasing objectives are
incorporated into internal
ditions for doing good business. The
Supply strategy for better guidelines, policy- and governing
conditions for obtaining better statis- documents, or in documented
emergency management
tics improve simply by ensuring that routines and processes.
A purchasing strategy should the procurement documents contain
include a supply strategy. This will By ensuring that your authority
full details, and that the results of the
better enable the authority to plan draws up, for example, an internal
procurement are published. A better purchasing strategy endorsed at
for how purchasing will take place
in various crisis situations: Which overview of the purchases made can management level.

goods and services are needed be obtained by linking purchasing


to achieve the authority’s aims? and contracts in a contract database By ensuring that your authority
drafts internal guidelines on
Which services can be performed or the like, so that payments made in
business ethics, describing, for
in-house? Is it possible to call off connection with public procurements example, the process of building
from an existing framework agre- can be identified. trust and benefiting from
ement? Can purchasing be coordi- competition.
nated with another authority? The
Swedish Civil Contingencies Agency
provides support when a serio- By ensuring that your authority
participates in the National Agency
us accident or crisis occurs. The
for Public Procurement’s collection
Government has assigned among
of public procurement statistics,
others the Swedish Armed Forces especially relating to which
and the Swedish Civil Contingen- environmental and social criteria
cies Agency to present proposals that have been specified in contract
for a fundamental approach of a documents and how they are
coordinated planning for national complied with. Statistics on how
public procurement is used to drive
defence. The fundamental app-
innovation is also needed.
roach proposed shall include a
description of how the process
of coordinated planning should By ensuring that your authority
acquires a good overview of its
be conducted and serve as sup-
purchases, the data obtained can be
port for the planning work of all
used as a basis for national statistics
government authorities concerned. gathering.
A report on the project is to be
presented in June 2016. 1

National Public Procurement Strategy 13


2
Efficient public procurement

Efficient purchasing makes it possible purchasing process. The needs and


to do the best business in terms of market analysis, the legal require-
need, cost, quality and other criteria, ments imposed, how the tenders are
such as environmental criteria. As evaluated, the drafting of and follow-
considerable amounts of money are up of the contracts are essential
involved, a relatively modest price elements in ensuring that the
Public procurement reduction, without any compromise desired quality in the purchases can
characterised by efficient on quality, may lead to savings, for be achieved. Other factors include
example through better coordination how suppliers can be motivated to
purchasing and procure- or closer attention paid to contract make constant quality improvements,
ment procedures delivers follow-up and evaluation. for example through different types
more value for money. of payment modes or options for
The public sector needs to ensure that renewal of contracts. Efficient pur-
what is purchased is economically ben- chasing also requires effective
eficial from an overall cost perspective. follow-up. Follow-up is necessary
For example, we should not only partly to ensure that the contracting
examine the acquisition cost but also authority or entity benefits from the
take into account the total cost over quality and quantity agreed, partly to
time for use of the product or service. verify that suppliers fulfil the criteria
in the concluded contracts, and also to
develop the process for future public
Good purchasing skills are es- procurements. Effective follow-up
sential for doing good business also plays an important role in the
Procurement staff is key personnel to work of building trust in public pro-
enable efficient purchasing, but good curement markets. To retain the right
purchasing skills are needed through- competence, it is necessary to provide
out the organisation. continuous in-service training for
employees.
The contracting authority or entity
needs competence across the entire

14 National Public Procurement Strategy


Take account of and contribute Authority following consultation How can this objective be
to research in public procure- with the National Agency for achieved?
ment Public Procurement. By ensuring that the employees at
Research in public procurement the authority have the prerequisites
is an important building block in required for achieving the objectives

development of the public procure- View costs in a broad context of the purchasing strategy as well as
the skills of setting quality criteria in
ment process. On an overarching from a life cycle perspective contract documents.
level, research can contribute to a Lack of a holistic approach to public
fact-based debate and well-found- procurement may imply that costs and By ensuring that your authority
makes use of the support that is
ed decisions. On a more applica- values for other activities affected by available. The National Agency for
tion-based level, research can create the public procurement are omitted Public Procurement, which is tasked
tools and procedures for more effec- from the calculation, along with cost by the Government to offer support
tive public procurement. Research and guidance for strategic public
differences which occur during the life
procurement, has a key role to play
findings in the form of analysis data cycle of products. This may result in in providing you with the necessary
and conclusions can help move the undesired pass on effects and sub- support.
development of public procurement optimisation of resources overall. It is
By making public procurement, with
forward. therefore important to take this into
emphasis on the strategic
account in the purchasing process. perspective, part of the skills
The Swedish Competition Authori- development of individuals in
ty offers research grants and operates The life cycle perspective is import- executive positions within central
government.
a Council for Research Issues whose ant, and shall be taken into account
tasks include stimulating research in in public procurement. All too often,
public procurement. The Council is lack of a holistic approach leads to
By ensuring that your authority
required to report to the Competition products with a low purchase price contributes with ideas and support
Authority and the National Agency being chosen, although quality and for possible research projects in
for Public Procurement such findings sustainability differences mean that the public procurement field and
participates in the work of the
from developments, above all in the operating costs will be higher in the
Competition Authority and the
economic and legal fields that may be long run. Public procurements com- National Agency for Public
relevant to the activities of the Com- prising not only products and mate- Procurement in the area of research.
petition Authority and the National rials but also investments, operation
By ensuring that your authority
Agency for Public Procurement. and maintenance services should
recognises the value of applying
The Council for Research Issues is include an incentive for efficiency existing research to develop the
appointed by the Competition improvements and stimulate new process of public procurement.
ways of thinking, and should develop
qualitative perspectives as well as
Systematic comparisons
environmental, social and ethical By ensuring that your authority
The report Systematiska jämförelser aspects. takes life cycle costs into account
- För lärande i staten (Systematic and performs a life cycle analysis
comparisons – for learning in the as part of any public procurement.
state sector; SOU 2015:36) con- The National Agency for Public
Ensure transition to an Procurement can offer guidance
cludes that central government
electronic purchasing process in this respect.
authorities have relatively effective
means for mutual comparison The use of existing and new elec-
where procurement activities are tronic tools must increase in order to
concerned, especially with regard develop, streamline and quality assure By ensuring that your authority
to costs. Systematic comparisons the public procurement process and switch to a totally electronically
between central government the subsequent ordering process. The coordinated purchasing process.
authorities may be used to deve- central government authorities need
lop procedures for control and By ensuring that your authority uses
to set a good example in this regard.
evaluation of the activities, but the support offered by the National
Increased use of electronic tools in
also for efficiency improvements in Agency for Public Procurement on
the authorities’ purchasing. Such
the purchasing process may also make issues relating to electronic
comparisons may also be used by it easier to gather statistical data (see purchasing tools.

other contracting authorities and section 5.1).


entities, such as municipalities and
county councils.
2

National Public Procurement Strategy 15


3
A multiplicity of suppliers and
well-functioning competition

Public procurement shall be efficient enhanced with more foreign suppliers


and benefit from competition in the involved in order to stimulate com-
market. Well-functioning competition, petition. Small enterprises and, for
with a multiplicity of actors, goods and example, non-governmental organisa-
services, is crucial in enabling pub- tions with limited administrative re-
Effective competition is a lic procurement to meet the society’s sources have in many cases a need for
needs in the best way possible. information of good quality, guidance
fundamental condition for and clear rules of play. New business
doing good business Including more, and new, tenderers start-ups also need to be given the
in public procurements contributes to opportunity to compete for public
prevent bid rigging. When more com- contracts. Trust towards the public
panies and other organisations are procurement markets is crucial for
able and wish to tender in public pro- willingness to take part. When trust
curements, competition is strength- towards the public procurement pro-
ened and fresh ideas are stimulated. cess becomes eroded, fewer suppliers
decide to participate in tendering.

Improve trust in the public The Swedish Competition Authori-


procurement markets and the ty is the supervisory body for compli-
conditions for competition ance with the regulations on com-
The Government would like to see petition and public procurement in
competition in public procurement

16 National Public Procurement Strategy


Sweden. Bid rigging cartels in con- available for meetings, for example at How can this objective
nection with public procurements and Sweden’s Chambers of Commerce, be achieved?
illegal direct award of contracts are the Confederation of Swedish En- By ensuring that your authority plays a
part in increasing trust among the
examples of phenomena that not only terprise, the Swedish Federation of
market actors towards the public sector
cause direct harm to the markets, but Business Owners and other inter- market and contributes to lower
also affect trust in the functioning of est- and interest organisations, such barriers to entry for actors in the
market.
the markets. Effective enforcement as the Swedish Association of Local
By ensuring that your authority is
and supervision has the effect of in- Authorities and Regions (SALAR),
involved in the work performed by the
creasing trust in the way that the mar- as well as at advocacy groups. The National Agency for Public Procurement
kets function, which in turn prompts challenge lies in creating a culture in with the aim of improving conditions for
competition in public procurement.
more actors to participate and submit which preparation and dialogue are
By ensuring that your authority creates
tenders in competition with others. valued. Increased dialogue, within the conditions for effective supervision by
Many cases dealt with at the Swedish limits of the law, is another way of drawing the Swedish Competition
Competition Authority are the result lowering the barriers for participation Authority’s attention to suspected
breaches of the regulations on
of tip-offs and complaints. of small enterprises (for more on this, competition and public procurement.
see below).
By ensuring that your authority takes
Taking the supplier’s perspec- the supplier’s perspective into account
tive into account in public Provide the right conditions when producing procurement
documents.
procurements for small and medium-sized
By ensuring that your authority actively
A multiplicity of suppliers, goods and enterprises strives not to exclude suppliers from
services is necessary to create effective In many cases, small enterprises can taking part in public procurements, for
example in formulating the specification
competition. To ensure that suppliers offer flexible solutions that meet of criteria for the public procurement.
do not feel excluded from participating particular needs. The point is to design By ensuring that your authority plays a
in public procurements, account needs sufficiently attractive public procure- part in simplifying cross-border
to be taken of the supplier’s perspec- ments which both large and small activities, promoting competition
between suppliers and preventing
tive in the process. Tender documents enterprises want and are able to partic- lock-in effects to a specific supplier, for
should, for example, be drafted so as ipate in. The costs involved for enter- example by referring to international
standards in your documents. The
to encourage companies and organisa- prises to participate in public procure-
ambition should be to use open
tions to submit tenders and offer ments will be weighed against their standards to the greatest extent
new, innovative solutions. In order to chances of obtaining the contracts. possible.
enable foreign suppliers to take part in It is important that small and medium-
By ensuring that your authority enables
public procurements, reference should sized enterprises are reached by infor-
constructive dialogue with potential
be made to international standards or mation about tenders and public suppliers, for example by offering a
labels whenever possible. procurement procedures, what platform for dialogue.

business opportunities are on offer By ensuring that your authority makes


use of the local or sector-specific
and who the tenderers can approach to initiatives available for meetings.
Enable better interaction and obtain guidance and support. The new By ensuring that your authority uses
more dialogue public procurement directives describe the support offered by the National
A key factor in terms of developing both opportunities and obligations Agency for Public Procurement with
regard to dialogue with potential
public procurement is how contract- aiming to encourage participation by suppliers.
ing authorities or entities interact with small and medium-sized enterprises.
suppliers. Effective dialogue before, By ensuring that your authority actively
strives to provide a real chance for small
during and after public procurements Simply by dividing major public
enterprises to participate in public
can create better understanding of procurements into smaller parts can procurement, for example by removing
the authority’s specific needs, and create better opportunities for small and barriers such as excessive criteria for
economic and financial capacity where
consequently how the procurement medium-sized enterprises to compete for
such are unjustified.
documents are formulated – but can public sector contracts on equal terms.
By ensuring that your authority uses the
also improve knowledge and At the same time, costefficiency for the support offered by the National Agency
understanding of the solutions that overall project must be kept in mind. for Public Procurement with regard to
the market can offer. Authorities how public procurements can be carried
out in order to enable small enterprises to
should also make use of the local or participate.
sector-specific initiatives that are
3

National Public Procurement Strategy 17


4
Legally certain public procurement

Public procurement is often identified award of contracts due to time shortage


as an area at risk of corruption. With for example is reduced. Contracting
more and more activities being sub- authorities and entities need to be
ject to competitive tendering, a greater aware of signs of corruption, bid
need has emerged for contracting rigging cartels and other signals of
authorities and entities to take a distorted competition. The Government
A well-functioning ction to prevent corruption and also wishes to emphasise the impor-
public procurement conflicts of interest. Well-prepared tance of effective contract follow-up,
and strategic public procurements just to demonstrate for other tenderers
relies on both suppliers prevent improper behaviour in the actual compliance with contracts
and citizens having trust purchasing. By working actively to concluded.
in the due functioning prevent corruption and by planning
purchases the risk of illegal direct
of legal certainty.

18 National Public Procurement Strategy


Prevent corruption Raise the level of ambition How can this objective
Trust in how public purchases are in your follow-up be achieved?
conducted is seriously damaged if By not following up on contracts
By ensuring, for example, that your
there are suspicions of corruption. during the contract period, authority produces internal
Work on preventing corruption is all contracting authorities and entities guidelines on bribery and
about combating bribery and other risk losing quality and efficiency, corruption, in order to provide
employees with the right knowledge
improper benefits. as well as losing credibility as a to prevent conflicts of interest and
contractual partner, which at the corruption.
The Government’s objective is that same time will tend to encourage
all contracting authorities and enti- dishonest suppliers to compete for
ties should have internal guidelines public contracts. It should be a matter
for how the authority should prevent of course to always check that goods By ensuring that your authority take
the occurrence of irregularities. With and services received and used in the support from actors such as The
Swedish Anti-Corruption Institute
all contracting authorities and entities public business activity conform to and The National Agency for Public
working actively to prevent corruption what the authority actually specified, Procurement.
and conflicts of interest in their ordered and paid for. To set criteria
organisations, the aim of a legally that cannot be verified goes against
certain and a reassuring system of both the equal treatment principle
public procurement can be attained. and the requirement for a transparent
public procurement process.

Transparency and communi- As soon as the criteria are set in the


cation can prevent misunder- public procurement documents, the
standings and unnecessary contracting authority or entity needs y ensuring that your authority
B
legal proceedings to be able to specify how they are prevents misunderstandings and
The general principles of European unnecessary court proceedings
going to be followed up. This is
through transparency and good
Union law on transparency and equal essential if the criteria are to be trust- communication with potential
treatment are especially important in worthy in relation to the suppliers suppliers.
building trust among suppliers. The and at the same time ensure that they
principle of transparency establishes represent the quality expected.
criteria for information on public
procurements, that the contracting Follow-ups to ensure that the contracting
authority or entity should use written authority or entity receives what it has
and documented procedures and that paid for are also about creating trust in y ensuring that your authority
B
the reasons for the contract award public procurement and encouraging a performs contract follow-ups in a
legally certain and effective manner.
decision are given. One way in which willingness to participate in the com-
the contracting authority or entity can petition together with other suppliers
contribute to enhanced transparency (see also section 3.3).
is to publish the procurement docu-
By ensuring that your authority
mentation. makes use of the support material
and the support tools offered by the
The right to review is important in National Agency for Public
Procurement for contract follow-up..
terms of legal certainty. However,
there is much to gain both by the
contracting authority or entity and
the suppliers if unnecessary court pro-
y ensuring that your authority
B
ceedings arising from misunderstand- examines the conditions for working
ings, for example, can be prevented. with other contracting authorities or
It is the Government’s view that mis- entities for more effective joint
follow-up work.
understandings and unnecessary court
proceedings can be avoided through
transparency and communication.
4

National Public Procurement Strategy 19


5
Public procurement that drives
innovation and alternative solutions

Great potential exists in using public on the market today. The public
procurement as a tool for promot- sector can also promote innovation
ing development and innovation. By at supplier level by requesting, in
Releases the public employing techniques for innovation public procurements, functions rather
sector’s potential for procurement, such as pre-commercial than ready solutions. Furthermore,
innovation through public procurement and innovation partner- the public sector can, in its capacity
ship, the public sector can stimulate as active purchaser and first customer,
procurement
the development of completely new drive the market to develop solutions
innovative solutions that do not exist to important social challenges.

20 National Public Procurement Strategy


By demanding so-called “transfor- Innovation procurement is often more How can this objective
mative” solutions to a greater extent, resource-intensive than tradition- be achieved?
contracting authorities can, for al public procurement. By organising
example, help sustainability goals buyer’s groups and using the possibilities
By ensuring that, at management
to be achieved. for financial support from, for level, your authority identifies
example, Vinnova -Sweden’s innova- development and innovation needs
Through public procurement and tion agency contracting authorities that could be met via innovation
procurement.
close cooperation between contract- and entities can reduce the risks to
ing authorities and the business sector, the individual authority. Smaller
technical development to strength- municipalities and county councils in
en public sector activity can be stim- particular can gain from collaborating
ulated, which in turn can result in on public procurement.
By ensuring that your authority
world-leading innovations. When produces internal guidelines to
businesses are given the opportunity promote innovation in public
to develop innovative solutions and Set criteria by function procurements.
new products for public sector activ- Setting criteria by function rather than
ities, this may also create sustainable setting specific criteria for goods and
growth, enhanced competitiveness, services stimulates creativity and inno-
new jobs and export opportunities. vative capacity on the part of potential
suppliers. By ensuring that your authority
establishes an effective dialogue at
A key to ensuring good results from
an early stage with the actors in the
public procurements is to involve Requesting by function can promote market regarding needs and
potential suppliers, industry organisa- competition in public procurements conditions for developing innovative
tions, experts, users and other by enabling more companies and solutions. The National Agency for
Public Procurement is engaged in
actors well before the specification organisations to participate and work in this area and can offer
for the public procurement is drafted. submit tenders, to the benefit of appropriate support.
Through dialogue with these actors, small and medium-sized enterprises.
greater understanding and greater
knowledge is obtained about which
solutions the market can offer or de-
velop on the basis of specific needs.
At the same time, this ensures that the By ensuring that your authority sets
criteria by function, starting from
specification subsequently specified in the results to be achieved rather
the procurement documents does not than by stating specific criteria for
exclude new solutions that are available goods and services.
in the market, and that the solutions
created are suitable for use by the in-
tended target group.

By ensuring that your authority


Make innovation procurement makes use of the initiatives and
tools that the National Agency for
part of your organisational Public Procurement has developed
development as support for setting functional
Sweden’s capacity for innovation is criteria in public procurements.

crucial in order to develop the public


sector as well as to meet the challenges
and opportunities offered by the global
economy. It is therefore important for
innovation procurement to become
part of the public authorities’ organisa-
tional development. New technological
solutions and innovations are necessary
to achieve the societal goals.
5

National Public Procurement Strategy 21


6
Environmentally responsible
public procurement

Sweden shall be at the forefront in becomes higher if subject to environ-


green public procurement and con- mental criteria, the overall cost to soci-
tinue to lead by example in this area. ety may be lower in the long term.
Today, environmental criteria already
• Green public procure- apply to how 190 Government author- Public procurement can also be used
ment must be increased ities are to conduct their public pro- as a strategic tool in Sweden’s transi-
throughout the public curement, via the Ordinance (2009:07) tion to a circular, bio-based economy
on Environmental Management in in order to achieve Sweden’s envi-
sector Government Authorities. Through ronmental objectives and to support
• Purchasing may be used well-formulated environmental criteria Sweden’s work to meet the Sustainable
as a strategic means of for goods and services, public procure- Development Goals and the 2030
ment can act as a strong driving force Agenda. The purpose of using envi-
achieving environmental for sustainable development. ronmental criteria in public procure-
goals Use of green public procurement ment is to help the environmental
should therefore be increased, espe- quality objectives to be achieved. The
• Set animal welfare
cially in product categories with major public sector has an important role to
criteria impact on the environment. Environ- play here as a responsible purchaser
mental concerns and a life cycle per- of goods and services. Through
spective should be taken into account sustainable and ethically conscious
in the different phases of the public purchasing, it can also match the
procurement process. Even if the price strong and growing commitment to
for a particular public procurement this area among the general public.

22 National Public Procurement Strategy


The public sector also plays an im- Increased use of environmental National food strategy
portant role in enabling the promotion criteria in public procurements not
The Government is working in 2016
of innovative and new environmen- only makes environmental gains
on developing a food strategy. As
tal and energy technology solutions. possible but also economic gains. part of that strategy, the Govern-
Similarly, the increased digitalisation By making use, for example, of the ment will emphasise that Sweden
and use of IT can assist in meeting the National Agency for Public Procure- should have high ambitions for
climate challenge and achieving these ment’s benefit calculators, it is possi- animal welfare and animal health,
goals. Conversely, public procurement ble to estimate how much money and and should continue its work on
may represent an important market energy can be saved and how much raising standards of animal welfare
for innovative companies in these and climate impact (carbon dioxide emis- in the EU.
other areas. sions) can be reduced by setting envi-
ronmental and energy criteria in pub-
Public procurement of products and lic procurements.
services should better reflect the am- How can this objective
bitions of society and be aligned with be achieved?
the high standards of animal welfare Stipulate animal welfare
and environmental consideration set criteria in food procurements-
By ensuring that your authority
by Swedish legislation. Public procurement of food and makes use of the National Agency
catering services is an area in which for Public Procurement’s
the criteria specified should reflect environmental criteria and other
Increase use of environmental citizens’ expectations that Sweden’s
tools, such as the criteria directory
and benefit calculation tools.
criteria animal welfare criteria are observed.
Environmental concerns can be The specification by contracting
taken into account at stages of authorities and entities of relevant
the public procurement process. animal welfare criteria in public
Particular provisions also apply to procurements will help to ensure
environmental criteria. Swedish good conditions during the life of
By ensuring that your authority
legislation also offers major the animal, irrespective of country
actively focuses on specifying
opportunities for setting criteria for of production. environmental criteria in your public
environmental consideration, which procurements. SIC’s experiences
now more than before can be taken Central government authorities fulfil may serve as a guide to good
practice.
into account at all stages of the public an important role by setting an example
procurement process. for how animal welfare can – and
should – be ensured in public procure-
The National Agency for Public ments in a non-discriminatory way
Procurement is tasked by the
Government to promote increased Example: SIC (the National
environmental consideration in Procurement Services)
public procurement and is responsible SIC at the Legal, Financial and
for a wide-ranging criteria-defining Administrative Services Agency made an
By ensuring that your authority
programme aimed for contracting au- inventory of all the environmental criteria
makes use of The National Agency
thorities and entities in their work on specified in its framework agreements. for Public Procurement’s support
setting criteria, for example regarding The framework agreement categories tools for specifying animal welfare
animal welfare and resource efficiency were analysed on the basis of qualifica- criteria, on a non-discriminatory
tion criteria, award criteria, contract per- basis, in public procurements.
in their public procurements. The
formance clauses and the environmental
National Agency for Public Procure-
criteria that may be specified for call-offs.
ment’s criteria, in the form of envi- SIC identified in its inventory, a number
ronmental and social criteria, apply of environment-critical technical areas
to around ten product categories, and a number of goods and services that
comprising some 100 products. Part the Agency deemed to have major en-
of the National Agency for Public vironmental impact. The environmental
Procurement’s work is to report on criteria specified by SIC are presented by
key indicators that show the internal the Agency’s environmental coordinators,
who then annually report these criteria 6
and external impact of environmental
to the Swedish Environmental Protection
and social criteria.
Agency.
National Public Procurement Strategy 23
7
Public procurement that contributes
to a socially sustainable society

Criteria for social considerations outside the EU. Central government


should be stipulated in public procure- authorities should act as a model to
ments whenever possible and appro- others and should be at the forefront
priate. Social considerations may, for in including social considerations in
example, mean promoting employ- public procurements.
ment opportunities for disadvantaged
Responsible public procure-
groups, such as individuals experienc-
ment that contributes to a ing difficulties in entering the labour Increase the presence of social
socially sustainable society. market. Equal opportunity is part concern in public procure-
of social considerations. It requires ments
equal opportunities to be assured for By producing, for example, an inter-
women, men and children, and goods, nal code of conduct or a sustainability
services and products to be available policy, contracting authorities and
and fit for use by everyone, of all ages, entities demonstrate clearly the re-
irrespective of any disability. Social sponsibility they assume for ensuring
considerations also include respect for a socially sustainable society.
the conditions and needs of different
groups, such as national minorities. The Government will provide the
It is important that, at an early stage conditions for contracting authorities
of the public procurement process, and entities to obtain the necessary
contracting authorities and entities support from The National Agency
apply the principle of universal design, for Public Procurement for identifying,
that is, they should think strategical- for example, areas where it is important
ly so as to ensure that products and for social criteria to be stipulated as
services can be used by as many peo- well as by means of public procure-
ple as possible and should not exclude ment, to draw attention to any risks
certain users in advance. This may be in the particular area, including at
done, for example, by conducting an the supplier stage.
equal opportunity analysis regarding
the specifications stipulated. Social
considerations may also contribute Stipulate criteria for
to foster free and fair trade. It is also reasonable conditions of
important to weigh up any risks in the employment
supplier stage of the public procure- Competition in public procurement
ment in terms, for example, of respect must never be at the expense of good
for human rights. work environment or reasonable
working conditions. The Government
Public procurements should also pro- wishes to strengthen the possibilities
mote respect on the part of businesses for stipulating criteria for conditions
for human rights in their operations, in line with Swedish collective
as described in the UN’s guidelines. agreements in public procurement.
Criteria for conditions corresponding
The State shall not contribute to to Swedish collective agreements are
deficiencies in respect for human an important means of combating
rights or contribute to social dumping. social dumping in public procurement.
This applies regardless whether work By requiring suppliers to guarantee
is performed in Sweden, in any EU reasonable working conditions for
Member State or in any country their employees, the services procured

24 National Public Procurement Strategy


can be performed at a high quality important resource in society How can this objective
while still combating social dumping. and contribute to diversity. The be achieved?
Government considers it important
In partnership with the authorities
to make it easier for organisations of By ensuring that your authority
concerned and the labour market par-
this kind to operate in the welfare develops internal procedures in which
ties, the National Agency for Public management’s expectations of the
markets. Such organisations play a
Procurement is an important factor in organisation regarding social
part, above all, in raising the quality responsibility in public procurements
raising levels of competence and ac-
of the welfare services and adapting are clearly defined.
tively focuses on ensuring that these
them to the needs and wishes of By ensuring that your authority makes
concerns are included in public pro-
users. In addition, several of these use of The National Agency for Public
curements. Procurement’s criteria and support for
voluntary organisations serve
socially responsible public
as an important voice for groups in procurement.

Play a part in increasing society that otherwise may find it


employment via public difficult to be heard. These voluntary By ensuring that your authority works
procurements initiatives create added value in the actively with combating social dumping
form of democratic reinforcement, and ensuring reasonable working
Contracting authorities and entities, conditions in public procurements.
a sense of community and social
being in many cases major purchas-
cohesion. One way of increasing the
ers of services and contracts, have By ensuring that your authority actively
scope for voluntary organisations to
excellent opportunities during public focuses on stipulating employment
act as suppliers to the public sector specifications in your public
procurement for encouraging industry
may be, subject to the relevant legal procurements. The Swedish Transport
actors to employ unemployed individ- Administration’s experiences may serve
conditions, to establish a voluntary
uals who find it difficult to enter the as a guide to good practice5.
public partnership. While Sweden has
labour market. This can be achieved, By ensuring that your authority makes
a robust and active non-profit sector,
for example, by requiring that work, use of support from the National
voluntary organisations are to a major
internship or an apprenticeship be Agency for Public Procurement in
extent absent from sectors such as formulating employment specifications
offered to the long-term unemployed
health and social care. in public procurements.
with the right skills, or alternatively
that work experience or an appren- In the view of the Government, By ensuring that your authority is aware
ticeship be offered to young unem- increased dialogue, within the limits that excessive criteria for economic and
ployed people who would otherwise of the law, before, during and after financial capacity or excessively large
contracts can represent unjustified
be at risk of long periods of unem- public procurement is one way of
barriers to the ability of voluntary
ployment. Specifications of this kind lowering the barriers to participation organisations to participate in public
should be designed so as to counteract by voluntary organisations. procurements.
a gender-segregated labour market. By your authority ensuring that
voluntary organisations are offered the
The Government has been able to opportunity, where justified, to
Example: Swedish Transport participate in public procurements. Be
observe how other Member States, aware that the resources of voluntary
Administration
such as the United Kingdom, have organisations are in many cases limited.
successfully implemented social con- In June 2015, The Swedish Trans-
By ensuring that your authority works
tract clauses in public procurements port Administration was com- with voluntary organisations, where
missioned by the Government to
in order to increase employment. The legal conditions allow, for example via
investigate different ways in which partnership..
Government is striving to improve
employment-promoting requi-
the performance of the public sector rements could be incorporated
By ensuring that your authority uses the
support offered by the National Agency
in Sweden in increasing employment into public procurements, and the for Public Procurement with regard to
via public procurement. possible consequences of this. obtaining the right knowledge of how
As the Administration’s report public procurements can be performed
indicated that such requirements so that they make it possible for

Enable participation by can be effective tools for promo- 7 voluntary organisations to participate.

voluntary organisations ting increased employment, the


Government’s view is that more
Voluntary organisations – social 5
In the Swedish Transport Administration report
central government authorities Krav på sysselsättning i upphandlingar (Require-
enterprises, cooperatives, societies, ments for Employment in Procurements) from 13
should actively focus on incorpora- November 2015, the Administration estimates that
foundations and non-profit ting employment-promoting requi- employment-promoting actions carried out can create
organisations – represent an rements in their procurements.
between 200 and 1,500 work experience placements
and jobs annually (including apprenticeships and jobs
subsidised by The Swedish Public Employment Service).

National Public Procurement Strategy 25


Government Offices of Sweden
Ministry of Finance
Phone: +46-8-405 10 00
E-mail: fi.registrator@regeringskansliet.se

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