INTRODUCTION

Svensk Byggtjänst has recently published an update of AMA AF Konsult – AMA AF Konsult 23. The previous version, AMA AF Konsult 10, was published 13 years ago and there has thus been a considerable need for incorporation of new features from AMA-nytt [AMA news] as well as adaptations to the developments that have taken place in the area of sustainability, i.e. environmental, climate and social aspects. Several changes have also been made to achieve better compliance with the regulations of procurement law and ABK 09, which has also meant that the structure largely coincides with that of AMA AF, which underwent the same type of change upon publication of AMA AF 21. AMA AF Konsult 23 is at present only available in a digital edition, but a printed edition will also be published shortly.

In this article, we briefly describe the AMA system, the work on change and the actual changes that have been made. We also discuss its area of use.

The AMA system

AMA, Allmän Material- och Arbetsbeskrivning [general description of materials and work], is a comprehensive work of reference published by Svensk Byggtjänst.

AMA is divided into technical AMAs and administrative AMAs. Administrative AMAs (AF, AF Konsult and AF Köp [Purchasing]) are used as a basis for drawing up administrative regulations for construction contracts, consultancy assignments and purchasing of goods in the building, installation and construction sector. Technical AMAs (Anläggning [Construction], Hus [Building], VVS & Kyl [HVAC & Refrigeration], El [Electricity]) form the basis for the technical descriptions relating to the performance of work.

All AMAs are updated on a continuous basis through AMA-nytt. New generations of technical AMAs are also published every three years in order to keep up with technological developments in the construction industry. However, new versions of administrative AMAs are only published whenever necessary. As we have written previously, new versions of AMA AF and AMA AF 21 were published at the beginning of 2022.

AMA AF Konsult 23

On 28 April, Svensk Byggtjänst published a draft of AMA AF Konsult 23 and initiated an open consultation process in conjunction with it that continued up to 30 June 2023. After the end of the consultation process, the responses received were processed and have now led to a publication.

AMA AF Konsult 23 is structured in three sections: general guidance (AUA), procurement regulations (AUB) and assignment regulations (AUC). Changes to content and structural changes have been made in all sections.

In the AUA section, the previous codes AUA.14 and AUA.15, Utsedda entreprenörer [Designated Contractors] and Utsedda leverantörer [Designated Suppliers], respectively, have been removed. This has led to a shift in subsequent codes and headings. In order to compile general information for the AUA section, AUA.3 Ersättningsform för uppdraget [Form of Remuneration for the Assignment] (formerly AUB.14) has also been created. A new code for security-sensitive activities has also been introduced.

In the AUB section, the previous code AUB.1 Former m m för upphandling [Forms etc. for Procurement] and its subcodes have been replaced by a single overall code and heading: AUB.1 Upphandlingsförfarande [Procurement Procedure], which conforms to the new structure in AMA AF 21. The previous code and heading AUB.15 Förutsättningar för upphandlingen [Prerequisites for the Procurement] has been assigned its own code and a new heading: AUB.2 Förutsättningar för upphandlingens genomförande [Prerequisites for Performance of the Procurement]. The introduction of a new AUB.2 entails a shift in subsequent codes and headings.

The former AUB.51 Prövning av anbudsgivare [Assessment of Tenderers] has also been assigned its own overall code and heading: AUB.6 Prövning av anbudsgivare och anbud [Assessment of Tenderers and Tenders]. Several new codes and headings have been introduced under this code in order to simplify and structure various parameters for assessing the suitability of tenderers. These codes are AUB.621 Krav på behörighet att utöva yrkesverksamhet [Requirements for Authorisation to Carry Out Professional Activities], AUB.622 Krav på ekonomisk och finansiell ställning [Requirements for Economic and Financial Standing] and AUB.623 Krav på teknisk och yrkesmässig kapacitet [Requirements for Technical and Professional Capacity]. The new codes reflect the regulations of procurement law in the same way as the changes introduced in AMA AF 21 and we consider that they will be welcomed by both public and private clients.

Like the changes introduced in AMA AF 21, AMA AF Konsult 23 has also introduced a number of concluding codes in the AUB section. These are AUB.65 Sekretess för anbudshandlingar [Confidentiality of Tender Documents], AUB.66 Säkerhetsskyddad upphandling [Security-protected Procurement] and AUB.67 Kontraktstecknande [Signing of Contracts].

The AUC section still reflects the standard agreement ABK 09 (Allmänna bestämmelser för konsultuppdrag inom arkitekt- och ingenjörsverksamhet [General Terms and Conditions for Consultant Assignments in Architectural and Engineering Activities]), which was published in 2009 and is still the most recent edition. Despite the fact that AMA AF Konsult 23 is based on the same standard agreement as AMA AF Konsult 10, a relatively extensive number of amendments have been proposed to increase structural consistency with the standard agreement, including the insertion of codes for all covering provisions. Supplements have also been added regarding aspects such as environmental requirements, climate requirements, work environment requirements and audits, as well as an expanded structure and the possibility of adapting requirements regarding conditions, safety and security regulations, notifications, changes to assignments, organisation, compulsory proof of identity, electronic personnel registers and call-offs from framework agreements.

A total of approximately 40 new codes have been introduced in the AUC section which, in addition to a clearer reflection of ABK 09, also largely conforms to the structure of AMA AF 21 for greater recognition. We take a positive view of the changes made since they provide greater clarity and reflect what are, in our experience, the needs of today's clients.

When is it time to start using AMA AF Konsult 23?

AMA AF Konsult 23 is intended for immediate use. However, as with the introduction of AMA AF 21, there will be a transition period during which different clients will be using different versions of AMA AF Konsult. Nevertheless, in view of the extensive changes and in light of the tremendous interest in adhering to AMA AF 21, we predict that many clients will switch to AMA AF Konsult 23 relatively quickly.

WOULD YOU LIKE TO KNOW MORE ABOUT AMA AF KONSULT?

Lindahl is following developments concerning the new AMA AF Konsult 23 with interest and is able to assist with both overhaul of purchasing templates based on AMA AF Konsult 10 and production of new purchasing templates based on AMA AF Konsult 23. If there is any interest, we are also able to develop training courses and seminars on the AMA system and drawing up administrative regulations.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.