Best Government Contract Lawyers in Solna
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Find a Lawyer in SolnaAbout Government Contract Law in Solna, Sweden
Government contract law in Solna follows Swedish public procurement law and EU procurement rules. Public procurement governs how municipalities, county councils and central government authorities buy goods, services and works. Solna stad must award contracts in a transparent and non-discriminatory way, give suppliers equal treatment and apply objective award criteria. Common procurement formats include open procedures, restricted procedures, negotiated procedures and framework agreements. The rules set out how tenders must be advertised, how bidders are qualified and evaluated, how contracts may be modified and what remedies are available for unsuccessful bidders.
Why You May Need a Lawyer
Preparing or responding to a public tender - A lawyer can help structure bids or tender documents, advise on qualification criteria, prepare compliant consortium and subcontracting arrangements and ensure that commercial terms comply with procurement rules.
Challenging an award or procedural error - If you suspect procedural flaws, unequal treatment or incorrect evaluation, a lawyer can assess whether you have grounds for a complaint, prepare a written protest and, if needed, bring a case before the administrative courts or seek interim measures to stop contract performance.
Contract negotiation and drafting - Once awarded, contract terms, change orders, pricing clauses and delivery obligations may raise complex legal issues. A lawyer helps reduce contractual risk and manage disputes over performance, delays or additional costs.
Handling exclusions and sanctions - Suppliers may face exclusion from procurement for past misconduct or failure to fulfil obligations. A lawyer can advise on how grounds for exclusion apply and whether evidence may rebut allegations.
Regulatory compliance and risk management - Public purchasers and suppliers must comply with rules on transparency, confidentiality, state aid, environmental and social requirements. Legal counsel helps build compliant procurement policies, internal processes and training.
Post-award disputes and damages - If a contract is terminated, wrongly awarded or badly performed, a lawyer can evaluate claims for damages, advise on mitigation and pursue or defend claims in court or through settlement.
Local Laws Overview
Key legal instruments - Swedish public procurement law implements EU procurement directives. The main national rules govern procurement by contracting authorities and contracting entities and set out procurement procedures, thresholds, remedies and rules on exclusions and award criteria. There are separate rules for utilities sectors and special regimes for concession contracts.
Thresholds and scope - Whether EU procedural rules apply depends on monetary thresholds that are updated periodically. Below those thresholds, national rules and internal municipal rules apply but principles of equal treatment and transparency still matter. Solna stad follows the national rules and any internal policies it has adopted for local purchasing.
Permitted procedures - Typical procedures include open procedure, restricted procedure, competitive dialogue and negotiated procedure. Framework agreements and dynamic purchasing systems are common for recurring needs. Direct award is possible in limited circumstances, for example for low-value procurements or when only a single supplier can meet the requirement.
Award criteria - Contracts can be awarded on the basis of lowest price or the most economically advantageous tender - often called MEAT - which allows consideration of quality, lifecycle costs, sustainability and social considerations provided they are linked to the subject matter of the contract.
Exclusion and selection - Authorities may exclude bidders for serious misconduct, insolvency or grave professional negligence. Selection criteria may include financial capacity, technical ability and relevant experience. The procedures require objective application of these criteria.
Remedies and enforcement - Suppliers may file complaints with the administrative courts if procurement rules are breached. There is commonly a standstill period between contract award and conclusion to allow for challenges. Remedies may include interim measures, annulment of the decision, or damages in certain cases.
Frequently Asked Questions
What counts as a government contract in Solna?
A government contract is an agreement where Solna stad or another public body purchases goods, services or works. This includes one-off purchases, framework agreements and concessions where Solna or its public entities pay for or grant the right to provide services or works.
How do I find public tenders in Solna?
Public tenders are published electronically on official procurement platforms and, for contracts above EU thresholds, in the European procurement journal. Solna stad normally publishes tenders through its procurement unit or the e-notification systems the municipality uses.
Can a foreign company bid for contracts in Solna?
Yes. Public procurement in Sweden is open to foreign companies that meet the qualification criteria and comply with the procurement rules. EU rules prohibit discrimination on the basis of nationality for tenderers from EU member states and typically extend to certain other international partners.
What are the typical award criteria?
Authorities may use lowest price or the most economically advantageous tender - MEAT. MEAT allows evaluation based on quality, functionality, lifecycle costs, environmental performance and social criteria, provided these factors are relevant and stated in advance in the procurement documents.
What is the standstill period and why does it matter?
The standstill period is a delay between the announcement of the intention to award a contract and the contract being signed. Its purpose is to allow unsuccessful bidders time to review the decision and lodge a complaint. For contracts exceeding EU thresholds, a minimum standstill period normally applies and must be respected before concluding the contract.
How can I challenge a procurement decision?
If you believe procurement rules were breached, you can file a complaint with the contracting authority and, if unresolved, bring an action in the administrative court. A lawyer can advise on evidence, tight time limits for filing complaints and whether to apply for interim measures to suspend contract performance.
What remedies can a successful complainant expect?
Remedies may include annulment of the procurement decision, a new procurement procedure, suspension of the contract award and in certain situations compensation for losses. The available remedies depend on the nature of the breach and the stage of the procurement.
Can Solna change contract terms after award?
Contract modifications after award are permitted only in limited circumstances and must respect the procurement rules. Significant changes that alter the nature of the contract or would have led to different competition requirements may be unlawful. Legal advice is recommended before implementing or accepting major changes.
What if a supplier is excluded from a procurement?
Suppliers can be excluded on grounds such as criminal convictions, professional misconduct, insolvency or failure to meet contractual obligations. Exclusion must be proportionate and based on evidence. Excluded suppliers may seek review of the decision through complaint procedures and the administrative courts.
How long does a procurement dispute usually take?
Timeframes vary with complexity. Pre-litigation complaints and local remedies can take weeks to months. Court proceedings in the administrative courts can take several months or longer, and appeals add further time. If urgent relief is needed, an application for interim measures can sometimes halt contract performance more quickly, though the court will consider urgency and likelihood of success.
Additional Resources
Swedish Public Procurement Agency - national guidance and tools for authorities and suppliers on procurement rules and best practice.
Konkurrensverket - the Swedish Competition Authority provides information about competition law, procurement-related competition issues and enforcement.
Solna stad - the local procurement unit or contracting authority can provide tender documents, procurement policies and contact information for current procedures in Solna.
Administrative courts - procurement disputes are generally handled by the administrative court system. If you receive a notification of contract award, check which court has jurisdiction for procurement complaints and be aware of time limits.
European Commission procurement guidance - general information on EU procurement directives and remedies that shape national law.
Next Steps
Gather key documents - collect tender documentation, correspondence, evaluation reports and any evidence of irregularities or communications with the contracting authority. Clear records strengthen any legal position.
Assess deadlines - procurement complaints are subject to strict time limits and standstill periods. Determine relevant deadlines immediately and act promptly if you intend to challenge a decision.
Seek specialised legal advice - look for a lawyer with experience in Swedish public procurement and administrative litigation. Ask for an initial assessment that covers likely remedies, timing and estimated costs.
Consider interim measures - if a contract is about to be signed and you believe there is a breach, discuss the possibility of seeking interim measures to suspend the award while the dispute is resolved.
Prepare commercially - while pursuing legal remedies, consider alternative commercial strategies such as bidding on other procurements, negotiating subcontracting opportunities or seeking mediation where appropriate.
Discuss costs and funding - procurement litigation can be costly. Speak to your lawyer about fee structures, the likelihood of cost recovery and whether any public or private funding options apply to your case.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.