Golvprisers tillåtlighet vid offentlig upphandling : Förhållandet mellan förutbestämda lägstapriser och de allmänna upphandlingsrättsliga principerna

Detta är en Uppsats för yrkesexamina på avancerad nivå från Stockholms universitet/Juridiska institutionen

Sammanfattning: Public procurement is about utilizing tax resources in an effective way by utilizing the market's competition and at the same time reducing the risk of corruption and discrimination. Public procurement is thus about how the public should go about buying goods, services and building contracts from outside parties. In Sweden, public procurement is carried out for over SEK 700 billion per year, which corresponds to approximately 88 per cent of Sweden's total public purschases and almost 17.5 per cent of Sweden's entire gross domestic product. On June 25, 2018, the Supreme Administrative Court ruled on a case concerning a review of a procurement of painting services, where the contracting authority in the tender documentation chose to apply a pre-determined minimum price that prevented the tenderers from submitting tenders with their lowest price. The Supreme Administrative Court found in the ruling that a requirement which causes tenderers who have submitted lower prices than the set floor price to be rejected is contrary to the general procurement law principles and the principle of equal treatment, as they have been expressed in the Swedish procurement Act. In the wake of the Supreme Administrative Court decision regarding floor prices, the question has arisen as to whether the decision means that all types of floor prices, even those where the tenderers are not rejected, are now to be considered incompatible with the general procurement law principles or whether the decision must be interpreted strictly and only cover the floor prices that entail that tenders below the floor price is rejected. The purpose of this essay is to investigate and discuss how, and if, contracting authorities and contracting entities are allowed to include pricing rules in inquiry documents that limit tenderer´s minimum pricing and how this type of requirement in public procurement relates to the general procurement law principles.

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