Motivation for cancelling
When evaluating the tenders, it has emerged that another government authority, Uppsala university, has submitted the most economically advantageous tender.
According to case law (HFD 2021 ref. 35), the procurement legal framework is not applicable to procurements between government agencies under the government. This is based on the fact that a public contract requires that the supplier is a natural or legal person independent of the procuring authority. The last finding is stated from both the judgment from HFD and the proposition to the Public Procurement Act. The tender submitted by another government authority is therefore not to be considered a tender from a supplier, according to the procurement regulations.
A public authority can withdraw the invitation to tender if there are acceptable reasons. According to case law (Kammarrätten in Gothenburg, case no. 7224-13), it is permitted to withdraw an invitation to tender if what is procured can be performed with the same quality at a lower cost, alternatively with higher quality at the same cost, in-house. This means that the best business option is to carry out the task within the state.
Since the award that will take place does not constitute an award of a contract in the sense of procurement law and the service can be performed at a lower cost in-house, Örebro university has decided to withdraw the invitation to tender and proceed with the services from Uppsala university.
Mercell notice:
https://opic.com/id/afmzlbfnwh