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Solving Procurement Disputes without Going to Court

Solving Procurement Disputes without Going to Court. Ellen Hausel Heldahl Head of Department, Department for enforcement of public procurement laws Swedish Competition Authority. Procurement process. Remedies. Review of a procurement procedure Review of the effectiveness of an agreement

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Solving Procurement Disputes without Going to Court

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  1. Solving Procurement Disputes without Going to Court • Ellen Hausel Heldahl • Head of Department, Department for enforcement of public procurement laws • Swedish Competition Authority

  2. Procurement process

  3. Remedies • Review of a procurement procedure • Review of the effectiveness of an agreement • Damages • Public Procurement fine

  4. 29 procent of procurement above threshold Källa: Visma Opic och Konkurrensverket 2012.

  5. Percentage of review in relation to the number of bidders per contract Källa: Visma Opic och Konkurrensverket 2012.

  6. Number of review to court year 2003-2012

  7. Statistics • 2010 – 18 755 procurements • 75 % of all procurements under the EU-thresholds • 7 % of all procurements are being reviewed • 17 % review for contracts relating to food, postal and telecommunication services, furniture, hearing aid • 12 % review for contracts relating to software and information systems • 12 % review for contracts relation to education and training • Suppliers received acclaim in the Administrative Court in 31 percent of the cases

  8. An arbitration function for structural problems • A mediator – a third party – responsible for helping to identify problems and to help find long-term solutions • Structural problems in particular industries, products or geographic areas – not to be involved in individual contracts

  9. Contact the mediator • The mediator gets involved after an application from an authority or supplier – convening representatives from the industry in question and contracting authorities • Together they are responsible for analyzing and work out a solution

  10. Solutions • A more optimal evaluation model for the specific product • A split of contracts awarded in different categories or products • Standardization of parts of the specification • Various forms of dialogue • Introduction of life-cycle perspective • How bids can be compared or how suppliers more optimally describe their activities for easier comparison between different offers

  11. Effect • The mediation function should under current legislation improve and streamline procurement and competition in a specific procurement market • Benefit for both the public and the providers • The number of trials decreases

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