Tenderer: Finland's procurement legislation is changing
Read about the key changes here.
Contact for more information: Sanna Lehtinen
Amendments to the procurement legislation have been prepared a long time and now the
government’s proposal is finally complete. Initially, the parliamentary deliberations were scheduled to take place at the end of October. The government presented its proposal at the end of the year: consideration of legislative proposal related to public procurement (HE 244/2020 vp) begun with a preliminary debate in the Finnish Parliament finally in December 2020.
There are three main changes in the legislative proposal to the current acts. The amendments concern the Act on Public Procurement and Concession Contracts (108/2016), the Act on Procurement in the Water, Energy, Transport and Postal Services Sectors (1398/2016), the Public Defence and Security Procurements Act (1531/2011) and Criminal Records Act (770/1993).
Firstly, the proposal provides for the use of electronic procedures for the verification of extracts from criminal records. This would mean that in future the provider would not have to order and mail extracts to the contracting authority, but the inspection could be carried out electronically. This would reduce administrative work, and above all, decrease the amount of paper in the process. Secondly, the proposal clarifies the rules governing the framework agreement. At present, regulation has raised question as following: When can individual contracts be tied without reduced tendering, while regulation of acquisition value must be noticed? The legislation would be clarified so that procurements below the thresholds included in the procurement entity are not made contrary to the terms of the framework agreement. Thirdly, digital notification channel, Hilma (http://www.hankintailmoitukset.fi) will be utilized more widely. For example, in the current Finnish legislation there is no obligation to make a contract award notice below the EU threshold. However, Finland must also report about these procurements to the European Commission, so according to the proposal, making a contract award notice of national procurement in Hilma is voluntary in future.
Any questions? In case you need further information about the impact of the law changes, please feel free to contact us! Our lawyers are ready to serve you and assist you in pursuing your goals.
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