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What Is a Negotiated Procedure Without Prior Publication (Sweden)?
This is a Swedish procurement term. An exceptional procedure letting the contracting authority procure without advertising, for example where only one supplier can deliver.
When can this procedure be used?
For example when no suitable bids were received in an advertised procedure, when only one supplier can deliver for technical reasons or because of exclusive rights, or in cases of extreme urgency that the authority could not foresee.
Who has to show that the exception applies?
The authority. It must be able to show that the conditions for the exception are met. If it cannot, the purchase is an unlawful direct award.
How can other suppliers find out about the procurement?
The authority can choose to publish its intention to enter into the contract, known as voluntary ex ante transparency. Other suppliers then have the opportunity to apply for a review before the contract is signed.
