Direct Procurement (SEK 100,000 - 700,000)

The direct procurement procedure should be applied to purchases exceeding SEK 100,000 and below the maximum value for direct procurement of SEK 700,000. KI has decided on a direct procurement process, in accordance with the requirements of LOU (Swedish Public Procurement Act). Unlike direct purchases, direct procurement should involve competition. The Central Procurement Coordinator (CIS) of the Purchasing and Procurement Unit is responsible for conducting direct procurements.

Schedule procurement
Schedule procurement Photo: Josef Dadoun

Direct Procurement Checklist

  1. Check if framework agreements exist. 

    Always check if there is a framework agreement that can be used, regardless of the purchase amount. Framework agreements are applicable even for purchases below SEK 100,000.

  2. If there is no framework agreement for purchases under SEK 100,000 - Direct Purchase 

    If there is no framework agreement for the purchase, and the individual purchase requirement is below the direct procurement limit of SEK 100,000, the purchaser makes the purchase directly, as no formal competition is required.

  3. If there is no framework agreement for purchases with a value of SEK 100,000 - 700,000 

    Purchases exceeding SEK 100,000 and below SEK 700,000 (SEK 100,000 - 700,000) should be made through direct procurement by a procurement coordinator. The value of the purchase is calculated as a collective procurement need (over a 12-month period) for the entire KI. In direct procurement, bids should be obtained from at least three suppliers, if possible, to ensure competition.

Contact the Purchasing and Procurement Unit at inkopupphandling@ki.se to request direct procurement assistance from a procurement coordinator. In your contact, fill out the Request for Procurement Support form, which is emailed to inkopupphandling@ki.se.

All purchases must be approved by the appropriate person in KI's delegation order in a Request for Procurement Support (BOU) before procurement can commence.

  1. Direct procurement takes time 

    Allow at least 2 months lead time for the implementation of direct procurement, from ordering to contract. If the procurement is complex, more time is needed.

  2. For purchases from other state authorities, the procurement act (LOU) does not apply

    The procurement act (LOU) does not apply to procurement from other state authorities. This has been confirmed by the Supreme Administrative Court in a judgment on June 10, 2021, case 4998-20. In summary, this is because authorities within the same legal entity (the state) cannot enter into legally binding agreements with each other. Instead, they can decide on cooperation in a protocol.

General Principles for All Public Procurements

KI conducts procurements electronically in the TendSign procurement tool. The entire process from procurement documents to a finished contract takes place electronically, and bids are also submitted electronically. The procurement tool ensures, from a technical perspective, that bidding is transparent and non-discriminatory.

Procurement is advertised with a so-called procurement document (a request for tenders). This document establishes all conditions for procurement (qualification and contract conditions).

Procurement must follow the rules of the Public Procurement Act (LOU) and the EU legal procurement principles, including:

  • Proportionality Principle: The requirements, criteria, and conditions in the procurement must be reasonable (appropriate and necessary) in relation to what is being procured.
  • Equal Treatment Principle: All suppliers must be given the same conditions; the same rules and deadlines apply to everyone.
  • Transparency Principle: Procurements must be transparent and predictable. Information related to the procurement must not be kept confidential, and the procurement must be publicly announced, with participating suppliers informed of the results.
  • Non-Discrimination Principle: Regional considerations are not allowed; suppliers from other locations must be treated in the same way as companies from the local municipality. Suppliers must not be discriminated against based on nationality, and requirements that only Swedish companies are familiar with or can meet are not allowed.

Direct Procurement Process 

The procurement coordinator is responsible for leading and conducting the procurement process. The purchaser is responsible for factual details and information for the procurement. The procurement coordinator formulates the procurement documents based on the factual information provided by the purchaser. See more below on the distribution of responsibilities.

  1. Needs Analysis

    • The purchaser identifies the need for what is to be procured, defines the procurement object, and verifies the budget's existence.
    • The purchaser checks if there is an existing framework agreement covering the need. Agreements may be signed by KI and are searchable here. If no search result is found, verification must be made against the Legal, Financial, and Administrative Services Agency's framework agreements (avropa.se).
    • If there is no framework agreement and it is deemed that this procurement should be done through direct procurement, the process is initiated.
  2. Market Analysis

    • The purchaser investigates what the market has to offer based on the need identified in step 1.
    • The purchaser identifies relevant suppliers and assesses what they can offer.
    • If the value of what is to be procured is deemed to exceed SEK 100,000, you should contact the institution's central procurement coordinator and request procurement support (see step 4 below).
  3. Decision on Direct Procurement

    • The purchaser decides to carry out direct procurement according to the institution's current delegation order and regulations and documents this according to the applicable policy.
  4. Request for Procurement Support 

    Instructions and a form for requesting procurement support are available on the employee portal under the procurement support page.

  5. Proposal Documentation and Specification of Requirements

    • The procurement coordinator and the purchaser together define and document the requirements for the product/service to be procured in a procurement document (request for tenders). Below is more information about the distribution of responsibilities in procurement based on the mandates and the procurement coordinator's mission at KI.
    • The purchaser develops commercial and product-related requirements based on the procurement need defined in step 1.
    • Decide on how suppliers should respond to the request. To facilitate comparison, a response form should be prepared by the procurement coordinator based on the information provided by the purchaser.
    • The purchaser decides on the evaluation model after a proposal from and discussion with the procurement coordinator. Is it only the price that should apply, or are there other parameters such as quality/service?
    • The purchaser approves the proposal documentation.
  6. Dispatch of Tender Request

    • If possible, select at least three of the identified suppliers in step 2 for sending out the tender request.
    • The tender request is sent via the TendSign procurement tool.
    • From now until the winner is selected, bid secrecy applies.
  7. Questions from Suppliers

    • Respond to incoming questions, provide all suppliers with the same answer via the procurement tool.
    • If necessary, supplement the procurement document.
  8. Bid Evaluation

    • Suppliers respond to the tender request directly in TendSign, where the evaluation is also documented.
    • Evaluate the bids in relation to the tender request.
    • Check that suppliers have an F-tax certificate and their financial status, for example, through CreditSafe or checks with the Swedish Tax Agency.
    • Compile Bid Evaluation.
  9. Notification of Supplier Selection

  • Make a decision regarding the selection of the supplier.
  • (If applicable) respond to questions that arise during the evaluation.
  • Inform all suppliers of the decision in a decision document that is published on the Procurement Tool.
  1. Contract Signing and Archiving

  • (If applicable) review.
  • Sign a contract with the selected supplier.
  • The procurement coordinator ensures that procurement documents are archived.
  1.  Implementation and Communication

  • When the contract is signed, hand it over to the purchaser who owns the contract.
  • If necessary, call off/order goods/services from the recently signed contract.
  • Communicate with relevant parties about the new contract, its scope, and implications for any changes and procedures.
  1. Documentation Obligation in (Direct) Procurements

A procurement (procurement, direct procurement, renewed competitive tendering) exceeding a value of SEK 100,000 excluding VAT must be documented according to LOU. The documentation of the procurement is carried out by the procurement coordinator.

The procurement coordinator notes the implementation, the reasons for direct procurement, which suppliers were approached, and the reasons for selecting the specific supplier.

  1. Contract and Delivery Follow-up

  • The purchaser/invoice approver is responsible for ensuring that the invoice and delivery are correct according to the applicable approval regulations.
  • The purchaser checks whether the delivery corresponds to the agreed and/or currently ordered goods/services.
  • The purchaser checks whether the invoice is accurate, for example, whether prices and quantities are correct.

Responsibility Distribution in Procurements

In general, the procurement coordinator is responsible for procurement law knowledge and leads the administrative procurement process, while the purchaser is responsible for expertise and leads the project in substance. The purchaser (invoice approver) owns the budget and decision mandate for the purchase.

  • The procurement coordinator develops a template for procurement documents.
  • The purchaser provides underlying factual information and associated documents (such as product descriptions).
  • The procurement coordinator compiles procurement documents.

Structure of Procurement Document

  • Invitation to Tender: Presentation of KI, description of the need, schedule, etc.
  • Administrative Regulations: Formal requirements for how tenders are submitted, e.g., digitally, via the procurement tool, deadlines, etc.
  • Examination and Evaluation: Describes how the examination and evaluation of tenders will take place, e.g., "economically most advantageous tender in relation to price."
  • Requirements for Bidders: Mandatory requirements consisting of economic, legal, and professional (experience and competence) requirements for the supplier.
  • Specification of Requirements: Requirements for the product/service.
  • Commercial Conditions: Contract conditions underlying the agreement, invoicing, support, penalties, delivery, etc.

Responsibility Distribution for Procurement Document

  • Invitation to Tender:

    Procurement Coordinator + Purchaser

  • Administrative Regulations:

    Procurement Coordinator

  • Examination and Evaluation: 

    Procurement Coordinator + Purchaser

  • Requirements for Bidders: 

    Procurement Coordinator + Purchaser

  • Specification of Requirements: 

    Purchaser + Procurement Coordinator

  • Commercial Conditions: 

    Procurement Coordinator + Purchaser

Please note: In responsibility distribution for the procurement document, the procurement coordinator and the purchaser have shared responsibilities in different sections of the document.

JD
Content reviewer:
Josef Dadoun
10-01-2024