The original government proposal for amending the Act on Public Procurement and Concession Contracts and the Act on Public Procurement in Special Sectors, was published in August 2022. In connection with the proposal, stakeholders were arranged opportunity to provide their insights and comments on the proposal. However, at the end of the four-year term of the government of the time, in early 2023, the original proposal was declared lapsed and consequently a new, essentially identical one, has now been introduced.
The proposed amendments concern, among other things, the supervision activities of the Finnish Competition and Consumer Authority (FCCA) in the field of public procurement; procurement notices; and rights of procuring entities to obtain information of exclusion of subcontractors where mandatory grounds for such exclusion are applicable. The proposed amendments also include a clarification concerning extraction of oil and natural gas, as required by the European Commission. Generally, the proposed amendments result from the implementation of EU-level guidance concerning notification procedure in procurements.
In terms of the current status of this process, the new government proposal was circulated for comments in the end of August and stakeholders, such as ministries and organisations, have until October 7th 2023 to express their views. These comments will be taken into account when preparing the final version of the government proposal. The amendments to the acts are intended as entering into force as soon as possible, meaning that the exact date is yet to be determined. The amendment concerning notification of procurement and certain standard forms, however, enters into force when a new system, created for the purpose of making procurement notices, is finalized.