Public procurement in Norway
The ‘diverse and unique’ practice at Advokatfirmaet Haavind AS ‘shows full dedication to the client and understands the client’s business needs very well’. The group is active for both the procuring authorities and suppliers with notable clients including Statens Vegvesen, Nye Veier and Telenor. Goud Helge Homme Fjellheim, who has ‘a solution-oriented approach’, heads up the practice which is experienced across non-contentious and contentious work; in a recent highlight, the team represented AtB in a dispute against Fosen-Linjen relating to supplier damages for loss of profit in the procurement of ferry services. Other key individuals include Bjørg Ven, who has served as head of the Norwegian Complaints Board for Public Procurement, and Anne Hesjedal Sending, who joined from a position in the Office of the Attorney General in 2019.
‘This practice is both diverse and unique. To be able to do a good job within public procurement, you should not only know the law, but also other practices, for example IT, contract law, the specific branch and so on. Advokatfirmaet Haavind AS is very competent, and compared to other companies, they provide good customer service and quality. I would highly recommend Haavind to other colleagues and companies.‘
‘Haavind’s team shows full dedication to the client, working on a cooperative basis and understanding the client’s business needs very well.’
‘Goud Homme Fjellheim has a very good legal mind, and is very much to the point. He has an impressive knowledge and overview of the procurement rules and a solution-orientated approach, which leads to effective and good results for the clients. He understands difficult technical issues quickly and is very good at identifying legal challenges. He is also a well-recognised litigator and provides useful insight to resolve the cases outside the court room.‘
‘Anne Hesjedal Sending has excellent knowledge of the procurement rules and a high level of precision in the advice to the client. She has a particularly good ability to provide precise and good legal advice in writing and in meetings, and always delivers extraordinary quality.‘
Equinor (formerly Statoil)
Nye Veier AS
Posten Norge AS
GK Norge AS
Statens Vegvesen (Vegdirektoratet)
Helsetjenestens Driftsorganisasjon for Nødnett HF
ISS Facility Services AS
Eversheds Sutherland Advokatbyrå AB
Voi Technology AB
- Represented AtB in a dispute against Fosen-Linjen relating to supplier damages for loss of profit in the procurement of ferry services.
- Handling all of Nye Veier’s procurement mandates including the development of new project models and quality assurance issues.
- Assisting Sporveien with its procurement of a new signalling system.
As a key name in the market for public entities, Kluge Advokatfirma AS has notable expertise in carrying out procurement procedures and handles matters relating to the construction, energy, technology and utilities sectors. The group recently advised Kolumbus on the procurement elements of the new-build project for a bus terminal for 65 passenger transport buses, and also counts Sykehusbygg, Stavangerregionen Havnedrift and Bane Nor as clients. Gro Amdal leads the practice from the firm’s Stavanger office; managing partner Bjørnar Alterskjær has notable experience in the EFTA Court and European Court of Justice; Arne Torsten Andersen focuses on litigation; and Robert Lund handles state aid work. Torstein Arendt is also a key contact for IT procurement mandates, and associate partner Stian Oddbjørnsen is also a key name to note.
‘They have a unique composition of competent personnel suitable for solving public sector assignments.‘
‘Their deep knowledge of procurement law, coupled with long-term and diverse experience with eHealth from the perspective of the public sector, made Kluge exceptionally well suited for our purpose.‘
‘Very good understanding of the legal problems in this highly complex case. Compared to the others, they showed a good understanding of the contracting authority’s needs and challenges.‘
‘Kluge provides one of a kind services in public procurement related to digitalization and technology. In addition to legal theory, they are knowledgeable in IT. They are eager to assist on small and large matters, even on short notice.‘
‘The firm has a policy to never push a case. They advise us in a reasonable way, instead of trying to rush up the situation.’
‘Arne Torsten Andersen combines an extensive knowledge of procurement law with a keen eye for identifying solutions.‘
‘Robert Lund showed a good understanding and a creative approach to the legal problem in question.‘
Tromsø Havn KF
Stavangerregionen Havnedrift AS
Norsk Tipping AS
Nærings- og fiskeridepartementet
Sogn og Fjordane fylkeskommune
Agder kollektivtrafikk AS
Norwegian Company Register (Brønnøysundregistrene)
Direktoratet for forvaltning og IKT (DIFI)
University of Oslo
Norwegian Directorate of eHealth
- Advised the county of Aust-Agder on an EPC contract procurement for a new college and dental clinic.
- Assisted Kolumbus with the procurement elements of the new-build project for a bus terminal for 65 passenger transport busses.
- Representing Bane Nor in a claim brought by Bombardier relating to the award of a contract for an IT infrastructure project.
Wiersholm fields a 'strong team' of highly regarded practitioners including managing partner and ‘undisputed leader in the procurement space’ Morten Goller, Stephan Jervell, energy sector specialist Thomas Naalsund and senior associate Oda Hellenes Ekre, who focuses on actions against public authorities and ‘stands out for her practical advice’. The group primarily acts for suppliers with clients including BMO Elektro, Hurtigruten, Veidekke and Skanska Norge. On the procuring authority side, the team recently assisted the Ministry of Industry and Petroleum with its first full-scale carbon capture storage project in Norway.
‘Morten Goller is an undisputed leader in the procurement space.’
‘Stephan Jervell and Oda Hellenes Ekre show good team spirit, and are well co-ordinated.‘
‘Wiersholm has a strong team, and always responds quickly and to the point to our inquiries.‘
‘Good knowledge of the business and procurement law in general. Practical approach. Good in court.‘
‘Oda Ekre stands out, together with Morten Goller. Ekre works efficiently, gives practical advice and is an excellent discussion partner in difficult matters, who understands the client’s needs.‘
Hurtigruten ASA/ Hurtigruten AS
The Ministry of Industry and Petroleum (MPE)
BMO Electro AS / BMO Entreprenør AS
Veidekke Entreprenør AS
Skanska Norge AS
Boreal Norge AS
Den Norske Opera og Ballett
- Assisted Hurtigruten with the public procurement aspects of a tender from the Ministry of Transport and Communication for a new coastal agreement, which will provide transport services.
- Advising the Ministry of Industry and Petroleum on its first full-scale carbon capture storage project in Norway.
- Successfully represented BMO Elektro in an interim injunction to prevent the Norwegian Ministry of Transport and Communication from entering into a contract for the maintenance of the electrical network on the roads in Hordaland county.
At Wikborg Rein, the team ‘has an excellent understanding of public procurement law as well as a very good practical understanding of the market’ thanks to ‘individuals who are dedicated, easy to contact and well prepared’. Clients praise specialist counsel Alf Amund Gulsvik, who ‘combines in-depth knowledge with an understanding of the client’s challenges’ and ‘asks the right questions to clear up the concerning issues’. Other key individuals include Rolf Riisnæs, who focuses on IT procurements and contracts, and specialist counsel Hanne Camilla Zimmer. The group’s client roster encompasses key public authorities and suppliers; examples include the Norwegian Ministry of Defence, Norges Bank and Sykehusinnkjøp HF.
‘WR’s availability and readiness to discuss and give advice on small and larger issues, often on a short term notice, is extremely valuable. The team combines in-depth competence from different sectors and areas in order to give advice which is of practical use during the procurement process. The team’s competence is of a very high standard, and consists of both senior and more junior personnel, which makes the team more flexible and expedient.’
‘Competence is available and flexible depending on the challenge and case. Their ability to know our business and discuss cases for advice and tactical choices is excellent, combined with the superior juridical competence and knowledge.‘
‘Alf Amund Gulsvik is highly skilled and combines in-depth knowledge of public procurement law with an understanding of the business’ challenges.‘
‘We have used special counsel Alf Amund Gulsvik both as a valuable discussion partner and in specific court cases. In both capacities he is an excellent and knowledgeable partner.’
‘The individuals are dedicated, easy to contact, and they are excellent at following up and handling time limits.‘
‘Alf Amund Gulsvik has a capacity to know the details of any agreement, and asks the right questions to clear up the concerning issues.‘
Norwegian Ministry of Defence
Ministry of Foreign Affairs
Vy buss AS
Eidsiva Bredbånd AS
Eidsiva Energi AS
- Represented Vy gruppen in an injunction case relating to the procurement of maintenance services.
- Acted for Sykehusinnkjøp HF in an injunction case relating to the procurement of phones and tablets.
- Advising the Central Bank of Norway on its procurement of several contracts for the operation of its IT services.
Arntzen de Besche’s ‘effective team provides support at the right level of knowledge’ for a client roster of national and international suppliers including Abbott Norge, Siemens and Arriva. Key names in the group include Espen I Bakken, who is ‘superb in quality and personality’ and ‘skilled communicator’ Svein Terje Tveit, who joined from Advokatfirmaet Thommessen AS in 2019. In a recent highlight, the practice assisted a consortium involving Strabag and Acciona with the tender for the first PPP project in Norway carried out by the Norwegian Public Road Administration.
‘Effective team, which provides support at the right level of knowledge.‘
‘They have worked efficiently and have an in-depth knowledge of our industry, which has been important for us. Compared to other firms they have approached us with intel that has been important without us asking for it, but scanning the field on their own initiative.‘
‘Espen Bakken is superb in quality and personality.’
‘Svein Terje Tveit has the right knowledge and is a skilled communicator.‘
Abbott Norge AS
Norwegian Bank Investment Management
Tide AS /Arriva plc
Nye Veier AS
Leonhard Weiss GmbH
- Assisted Abbott Norge with the public procurement of continuous glucose monitoring and insulin pumps from Sykehusinnkjøp HF.
- Advised Sykehuset i Vestfold HF on the procurement and contracts for the construction of new buildings for the somatic and psychiatric centres at the hospital as well as the expansion of the technical supply centre and technical interfaces at the existing hospital.
- Acted for Tide and Arriva on the procurement carried out by the Norwegian government for the liberalisation of the Norwegian railway market.
Marie Braadland leads the department at Advokatfirmaet Grette AS, which focuses on public authority clients with notable experience in public infrastructure projects including road building contracts; the group counts the Norwegian Public Roads Administration and Nye Veier as key clients. Other key names on the client roster include the Norwegian Tax Administration, the Central Norway Regional Health Authority and Norske Tog. Braadland is also singled out for her expertise in the procurement of IT platforms, construction services, and research and medical supply issues; Harald Fosse focuses on construction clients, and Jørgen Aardalsbakke is a key name for infrastructure.
Norwegian Tax Administration
Norwegian Public Roads Administration
The Central Norway Regional Health Authority
The Airport Express train
Ministry of Transport
Directorate for Education and Training
- Assisting the Norwegian Tax Administration with its procurement of access to several cloud computing platforms and telecoms services.
- Advising the Norwegian Public Roads Administration on the planning, procurement and contract phases of two PPP road projects.
- Acting for Nye Veier on its procurement of an office support system.
Advokatfirmaet Hjort’s dedicated public procurement practice primarily handles advisory work for public authority clients, most notably in the aviation and transport sectors; key examples include Avinor and Avinor Flysikring. The group also assists various municipalities including Asker, Hobøl and Fredrikstad municipalities and acts for supplier side companies in the construction and healthcare sectors. Heddy Ludvigsen and Silje Grimseth Ullebust jointly lead the team, which recently defended Avinor in a dispute relating to damages following the loss of a contract and the alleged abuse of a dominant position.
‘The lawyers I have worked with have given good advice and have ensured quality in the work.‘
‘The attorneys are always attentive, prompt in the handling of cases and follow up closely. As examples of lawyers who are good at following up, I can mention Heddy Ludvigsen and Jørn Uggerud.’
Avinor Flysikring AS
Bodø Kirkelige Fellesråd
Agder Energi AS
- Defended Avinor in a dispute relating to damages following the loss of a contract and the alleged abuse of a dominant position.
- Acted for Asker municipality in a case relating to damages due to the loss of a contract.
- Assisted the Norwegian Church Federation with a complaint before the Norwegian Complaint Board for Public Procurement.
Technology, privacy and public procurement boutique Vaar Advokat AS is singled out for its technology expertise and regularly handles IT service procurements for public authorities including cloud services, ERP services, welfare technology and development projects. The group’s client roster of public authorities includes Aust-Agder fylkeskommune, Nordland fylkeskommune and Skedsmo kommune. Group head Marianne H. Dragsten is ‘very skilled and specialised within this field’ and is also the key contact in the practice for contentious work; Espen Bakjord is also a key name to note.
‘Their lawyers are very competent within IT procurement, public procurement and contract law. They are always available for their clients – daytime, evenings, weekends and vacations! They have reasonable legal fees and are always trying to finish a task as quickly as possible – instead of ballooning the billing. They have great social skills and are fun to hang out with.’
‘Vaar is a very specialised firm within the field of TMT and public procurement. When it comes to public procurement, Marianne H. Dragsten makes this department. She is a very skilled lawyer and has vast experience within the field.‘
‘Marianne H. Dragsten is one of only a few public procurement lawyers that works solely with public procurement, and is very skilled and specialised within this field.’
Øvre Romerike innkjøpssamarbeid (ØRIK)
- Handling all procurement issues for Aust-Agder fylkeskommune.
- Advising Sivilombudsmannen on all its procurement mandates.
- Acting for Departementenes Servicesenter on its public procurement work.
Bull & Co Advokatfirma AS has built on its traditional position as counsel for procuring entities with an increased volume of work for private sector suppliers; N3zones and DXC Technologies are key competition clients. Kirti Mahajan Thomassen heads up the competition group and focuses on the life sciences sector; the highly regarded Andreas Wahl is also a key name to note.
With notable strength in its Bergen office, SANDS’ practice is led by Bergen-based practitioner Åshild Fløisand, who is active in the healthcare, construction and infrastructure sectors and counts Helse Stavanger HF and Helse Bergan HF as key clients; he acted for the latter on its procurement of the construction works and services for a new children’s hospital in Bergen. In Tromsø, Kjersti Holum Karlstrøm is the key contact and primarily handles construction mandates.
‘We have worked with SANDS for many years and know their practice very well. It is our opinion that they have unique expertise in the procurement field. They always take a business approach to legal issues. Our experience is that the team is solution-oriented and to-the-point. In addition to knowing the law inside out, the team has solid knowledge of the industry’s dynamics and challenges and is therefore a valuable adviser.‘
‘They have unique know-how of public procurement. They are always there when you need assistance, and they are able to give good advice within a short period of time. They are also very skilful helping with complex procurement procedures, making us able to use the Procurement Act to its full extent.‘
‘The procurement team is led by partner Åshild Fløisand who is a very experienced lawyer with a key understanding of our commercial position in the market. She is extremely knowledgeable in public procurement law and practices and is not afraid of fighting tricky cases. She provides high-quality advice, and it is our impression that she is genuinely engaged in her clients and cases. She is known to provide clear answers and this is a quality that we strongly appreciate.‘
‘Åshild Fløisand is knowledgeable, committed, hits deadlines, gives good specific advice and is involved in the matter, regularly following up with clients.‘
Helse Bergen HF
Høgskulen på Vestlandet (Western Norway University of Applied Sciences)
Helse Stavanger HF
Region Nordhordland Helsehus IKS
Helse Vest IKT AS
Fjell Vatn Avløp og Renovasjon AS
- Acting for Høgskulen på Vestlandet in a temporary injunction relating to a disputed procurement process for the installation of audio-visual equipment during the construction of a new university building.
- Advising Helse Bergen HF on the procurement of the construction works and services for a new children’s hospital in Bergen.
- Assisting Helse Stavanger HF with the procurement of the construction works, goods and services for a new university hospital in Stavanger.
At Advokatfirmaet Simonsen Vogt Wiig, key contacts for public procurement work include Tor Stokke, who handles technology and material procurements; Anders Thue, who regularly acts for public sector clients; Christian Bjørtuft Ellingsen, who focuses on the shipping and offshore sectors; litigator Karin Fløistad; Trine Lise Fromreide, who specialises in conflict cases; and associate partner Anne Buan, who is an IT and technology procurement expert. The group has notable experience in procurement litigation alongside advisory expertise, and also leverages the firm’s state aid knowledge.