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How often are FMV’s procurements reviewed, and what are the outcomes?

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Anna Clara Törnvall Wittgren, head of the FMV Market and Procurement department.Anna Clara Törnvall Wittgren, head of the FMV Market and Procurement department.

Last year the administrative courts reviewed 39 of FMV’s contract award decisions. – In three of the cases FMV lost and in the rest of the cases FMV was ruled to be right, according to Anna Clara Törnvall Wittgren, head of the FMV Market and Procurement department.

A bidder that is not satisfied with the FMV award decision in a procurement has the possibility to apply for a review of the decision, this is comparable to an appeal on the decision. After this a juridical process starts where the Administrative Court (Förvaltningsdomstolen) rules who has the right on its side, the FMV or the bidder. The ruling of the Administrative Court can under certain circumstances be appealed to the Administrative Court of Appeal (Kammarrätten).

The possibility of appeal is one of the juridical possibilities that the bidder can use in the case of public procurement, according to Anna Clara Törnvall Wittgren.

Court decision 

During 2013 there were 57 cases where the bidder had appealed for a review of the FMV decision and the court ruled in 39 cases. The court decided in favour of FMV in 36 of these 39 cases.

We can note that we in the majority of the cases have been able to explain our basis for decision to the court, which is comfortable, says Anna Clara.

Procurement is complex

Public procurement is a complex field. Both the procuring agency and the bidders are constantly faced with new questions.

The aim of FMV is to be proficient in public procurement and when FMV’s decisions are challenged we shall withstand to be scrutinised, explains Anna Clara Törnvall Wittgren.

Our aim is to be as clear as possible when it comes to the requirements that we put on the supplier, the offer, the product and other services. That we get feedback on our work and how it is received is essential for us in order to even further improve as a procurement agency, according to Anna Clara.

She would appreciate if bidders take early contact with the FMV if they find the bidding instructions and specifications unclear.

Court appeals are both timely and costly, both for the bidder and for the FMV, and very often leads to delays in the programmes.

I want to highlight the possibility to ask us questions already during the bidding process. That will add to the expertise both at the FMV and at the bidders, finishes Anna Clara.


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Published: 2015-02-23 10:28. Changed: 2015-02-23 10:30. Responsible: Show e-mail address.