Upphandling av idéburna kvinnojourer genom idéburet offentligt partnerskap – en analys av dess förenlighet med upphandlingslagstiftningen

Sammanfattning: This dissertation examines the possibility for municipalities to finance and collaborate with IOP that conduct women's emergency services through IOP partnerships without the procurement legislation becoming applicable. The rules on public procurement generally mean that contracting authorities, such as municipalities, must apply a procurement procedure when purchasing services, which means that they must expose their purchases to competition through advertising and award contracts to the supplier who has submitted the most economically advantageous tender. These procurements have made it difficult for IOP, such as women's emergency services, which are mainly provided by idea-driven organizations, to participate in procurements and win contracts, as the procurement procedure mainly benefits for-profit actors. As an alternative to procurement, the form of collaboration was created by the voluntary organization whose purpose is to give municipalities the opportunity to finance and collaborate with voluntary organizations, without describing it as either grants or procurement. The form of cooperation is entered into and assigned without competition. The legal question is whether this partnership falls within the scope of public procurement and should therefore be exposed to competition. The thesis' conclusion is that a contracting authority which enters into an idea-driven public partnership that relates to a performance for remuneration is covered by the procurement legislation and must therefore be exposed to competition. Municipalities cannot finance voluntary organizations women's shelters for the purpose of procuring services on behalf of the municipality and letting the idea-driven women's shelters perform tasks that the municipality is obliged by law to provide. Such idea-driven public partnerships are assigned through illicit direct procurement.