Finns det en gräns i värde eller kvantitet för ett oändligt avtal? ‐ Om takvolym är analogt tillämpligt på dynamiska inköpssystem

Sammanfattning: The purpose of this essay is to investigate the possibility of applying “ceiling volume” onto a dynamic purchasing system. Ceiling volume means the requirement to specify a maximum volume of supplies or services. In recent years legal cases have changed the view of the maximum volume that can be awarded during a given period within a framework agreement. A question has now been raised as to whether ceiling volume can be applied to dynamic purchasing systems. The essay begins with introducing procurement in general. Then it focuses on framework agreements and dynamic purchasing systems and compares the two. Afterward there is an in depth look at what a ceiling volume constitutes as by delving into the precedents that regards it. The comparison of the two procurement types and the summary of what a ceiling volume means compiles to answer the main question. A legal dogmatic and EU legal method is used. The material that has been gathered are laws, legislative preparatory works, case law and doctrine, EU directives, and guidelines from the EU. The questions for this essay are as follows: What are the main differences between a dynamic purchasing system and a framework agreement? Can dynamic purchasing systems be equated with framework agreements and thereby apply ceiling volume? The differences between framework agreements and dynamic purchasing systems are mainly: communication, time, ability to participate and distribution. In the discussion of the applicability of a ceiling volume it became apparent that it would go against the fundamental trait of a dynamic purchasing system, flexibility. That is why the ceiling volume cannot, have a high likelihood of being applied on a dynamic purchasing system.