The Swedish Competition Authority's Proposed Position Concerning Äta (Alterations And Additions) Works

In its proposal, the Swedish Competition Authority has questioned whether the provisions on ÄTA works in AB 04 are compatible with the demands of the alteration- and option clauses in LOU. Interested parties have the opportunity to submit any points of view on the proposal up to 31 May 2024. This article briefly describes the proposal.

A contract or framework agreement that is subject to procurement may in principle not be changed without a new procurement being announced. However, there are exemptions in LOU that allow alterations in certain cases, for example, it can be permissible to make changes in accordance with an alteration- or option clause pursuant to chapter 17, section 10 of LOU. Initially, the alteration must not entail the contract's or the framework agreement's overall character changing, and in addition specific requirements are placed on the alteration- or option clauses. For an alteration- or option clause to fulfil the demands in LOU, the clause