{"id":127286,"date":"2026-02-06T13:08:32","date_gmt":"2026-02-06T13:08:32","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=127286"},"modified":"2026-02-06T13:08:32","modified_gmt":"2026-02-06T13:08:32","slug":"norway-public-procurement","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/norway-public-procurement\/","title":{"rendered":"Norway: Public Procurement"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-127286","comparative_guide","type-comparative_guide","status-publish","hentry","guides-public-procurement","jurisdictions-norway"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">BAHR<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/07\/bahr_logo_sort_RGB-1.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">BAHR<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/07\/bahr_logo_sort_RGB-1.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Public Procurement laws and regulations applicable in Norway<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please summarise briefly any relationship between the public procurement \/ government contracting laws in your jurisdiction and those of any supra-national body (such as WTO GPA, EU, UNCITRAL).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Norway is not a member of the EU, but is a party to the European Economic Area (&#8220;EEA&#8221;) Agreement. The agreement requires Norway to implement most EU law, including the EU directives on Public Procurement. Consequently, the Norwegian procurement legislation is, in principle, harmonised with the applicable EU legislation. Case law from the European Court of Justice is an important source when interpreting Norwegian public procurement law, and the EFTA Surveillance Authority has a similar role as the European Commission when it comes to initiating infringement proceedings against Norway.<\/p>\n<p>Contracts below the EU thresholds (which are called \u201cEEA thresholds\u201d in Norwegian law) are subject to a lighter national regime.<\/p>\n<p>Norway is also a party the WTO Government Procurement Agreement (\u201cGPA\u201d).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What types of public procurement \/ government contracts are regulated in your jurisdiction and what procurement regimes apply to these types of procurements? In addition to any central government procurement regime please address the following: regulated utilities procurement regime (e.g. water, gas, electricity, coal, oil, postal services, telecoms, ports, airports), military procurements, non-central government (local, state or prefectures) and any other relevant regime. Please provide the titles of the statutes\/regulations that regulate such procurements.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Norwegian public procurement law regulates the purchase of goods, services and works.<\/p>\n<p>The Norwegian Public Procurement Act (NO: \u201cLov om offentlige anskaffelser\u201d) serves as the overarching legislation, supplemented by specific regulations that implement each EU directive:<\/p>\n<table>\n<tbody>\n<tr>\n<td width=\"333\"><strong>Norwegian regulation<\/strong><\/td>\n<td width=\"291\"><strong>EU Directive<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"333\">The Public Procurement Regulation<br \/>\n(NO: \u201cForskrift om offentlige anskaffelser\u201d)<\/td>\n<td width=\"291\">Public Procurement Directive (2014\/24\/EU)<\/td>\n<\/tr>\n<tr>\n<td width=\"333\">The Utilities Procurement Regulation<br \/>\n(NO: \u201cForsyningsforskriften\u201d)<\/td>\n<td width=\"291\">Utilities Procurement Directive (2014\/25\/EU)<\/td>\n<\/tr>\n<tr>\n<td width=\"333\">The Concessions Procurement Regulation<br \/>\n(NO: \u201cKonsesjonskontraktforskriften\u201d)<\/td>\n<td width=\"291\">Concession Contracts Directive (2014\/23\/EU)<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"333\">The Defense and Security Procurement Regulation<br \/>\n(NO: \u201cForskrift om forsvars- og sikkerhetsanskaffelser\u201d)<\/td>\n<td width=\"291\">Defence and Security Public Procurement Directive (2009\/81\/EC)<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>&nbsp;<\/p>\n<p>The Public Procurement Regulation applies to any purchase of goods, services or works by a relevant contracting authority, except for those contracts subject to the Utilities Procurement Regulation, the Concessions Procurement Regulation or the Defense and Security Procurement Regulation.<\/p>\n<p>The Public Procurement Regulation includes specific rules for procurements above the EU\/EEA thresholds (Part III of the regulation), a lighter regime for procurements below EU\/EEA thresholds but above so-called national thresholds (Part II), as well simplified rules that apply for all procurements above NOK 100,000 (approx. EUR 9,000) (Part I).<\/p>\n<p>Within the defense sector there are additional guidelines for procurement, the \u201cProcurement regulations for the defence sector\u201d (Anskaffelsesregelverk for forsvarssektoren, \u201cARF\u201d). It applies to procurements by the Ministry of Defense and subordinate agencies such as the Armed Forces and the Norwegian Defence Materiel Agency. The ARF includes rules that apply even for procurement exempted from statutory procurement regulations.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there specified financial thresholds at which public procurement regulation applies in your jurisdiction? Does the financial threshold differ depending on the nature of procurement (i.e. for goods, works or services) and\/or the sector (public, utilities, military)? Please provide all relevant current thresholds in your jurisdiction. Please also explain briefly any rules on the valuation of a contract opportunity.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The current EU thresholds for the period 2024 to 2025 apply, expressed in NOK. The EU thresholds are adjusted every two years by the EU Commission. Adjustment of the corresponding thresholds in Norwegian procurement laws, the so-called EEA thresholds expressed in NOK, are adjusted by the EFTA Surveillance Authority and normally implemented into Norwegian one to three months after the Commission made its adjustment.<\/p>\n<p>Per January 2026, adjusted EEA thresholds for 2026-2027 have not been implemented into Norwegian law but are expected to be implemented by March\/April 2026.<\/p>\n<p>As of January 2026, the EEA thresholds are as follows (exclusive of VAT):<\/p>\n<table>\n<tbody>\n<tr>\n<td width=\"273\"><strong>The Public Procurement Regulation <\/strong><\/td>\n<td width=\"195\"><strong>The Utilities <\/strong><strong>Procurement Regulation; The Defense and Security <\/strong><strong>Procurement Regulation<\/strong><\/td>\n<td width=\"155\"><strong>The Concessions <\/strong><strong>Procurement Regulation<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"273\">Goods and services, design contests, by central government authorities: NOK 1.49 million<\/td>\n<td width=\"195\">Goods and services (by any contracting authority): NOK 4.6 million<\/td>\n<td width=\"155\">Concessions (by any contracting authority): NOK 57.8 million<\/td>\n<\/tr>\n<tr>\n<td width=\"273\">Goods and services, design contests, by other contracting authorities (including municipalities): NOK 2.3 million<\/td>\n<td width=\"195\">Works (by any contracting authority): NOK 57.8 million<\/td>\n<td width=\"155\"><\/td>\n<\/tr>\n<tr>\n<td width=\"273\">Works (by any contracting authority): NOK 57.8 million<\/td>\n<td width=\"195\"><\/td>\n<td width=\"155\"><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>&nbsp;<\/p>\n<p>The threshold for application of the lighter national regime (so-called \u201cnational thresholds\u201d) in Part II of the Public Procurement Regulation is NOK 1.3 million (approx. EUR 111,000), cf. the Public Procurement Regulation Section 5-1.<\/p>\n<p>The threshold for application of the simplified rules in Part I of the Public Procurement Regulation is NOK 100,000 (approx. EUR 8,500), cf. the Public Procurement Regulation Section 5-1 and 1-1.<\/p>\n<p>Contract values are calculated based on the total estimated value over the entire contract term, excluding VAT, including any possible options to prolong the contract, cf. the Public Procurement Regulation Section 5-4 and Article 5 of Directive 2014\/24. Framework agreements are valued based on the total maximum value over their duration, and indefinite service contracts or those with a term of more than 4 years are calculated based on 4 years.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are procurement procedures below the value of the financial thresholds specified above subject to any regulation in your jurisdiction? If so, please summarise the position.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Contracts below EU thresholds but above national thresholds are subject to a lighter regime in Part II of the Public Procurement Regulation, cf. Section 5-1. Compared to procurements over the EU\/EEA thresholds (subject to Part III of the Regulation), such procurements are subject to less rigid and detailed rules, providing contracting authorities with more flexibility in designing and carrying out the procurement process. For example, \u201cnational procurements\u201d only have to be published in the Norwegian database (not TED), there are fewer mandatory requirements for contracting authorities (e.g. less detailed requirements on what and how suppliers must provide documentation, and fewer requirements on contracting authorities to justify (non-)application of certain requirements), and contracting authorities have wider discretion in choosing procedures and setting timelines. However, \u201cnational procurements\u201d must also comply with the fundamental principles specified in the Procurement Act (competition, equal treatment, predictability, verifiability and proportionality), cf. below.<\/p>\n<p>Contracts below the EU thresholds but above NOK 100,000 (approx. EUR 8,500) must comply with Part I of the Public Procurement Regulation, cf. Section 5-1. This is an even lighter regime and includes compliance with the fundamental principles specified in the Public Procurement Act (competition, equal treatment, predictability, verifiability, and proportionality) and simple requirements such as written documentation of the procurement process.<\/p>\n<p>A government-appointed committee in 2025 proposed to further simplify rules for procurements below the EU thresholds. As of January 2026 the government has not yet put forward a proposal for simplification.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">For the procurement of complex contracts*, how are contracts publicised?\u202f What publication,\u202f journal or other method of publicity is used for these purposes?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Contracts above the national threshold must be published in Doffin (Database for Public Procurement), Norway\u2019s national procurement portal.<\/p>\n<p>Contracts above the EU\/EEA thresholds must be published in both Doffin and in TED (Tenders Electronic Daily), the EU\u2019s procurement database. Doffin automatically transmits notices to TED.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">For the procurement of complex contracts, where there is an initial selection stage before invitation to tender documents are issued, what are typical grounds for the selection of bidders? If there are differences in methodology between different regulated sectors (for example between how a utility might undertake a regulated procurement procedure and how a government department might do so), please summarise those differences.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For restricted procedures, negotiated procedures with a call for competition, competitive dialogue and innovation partnerships, a contracting authority may only invite bidders that have demonstrated their eligibility, cf. the Procurement Regulation Chapter 16. In open procedures, anyone can submit a bid, but fulfilment of the eligibility criteria is a requirement to be awarded the contract.<\/p>\n<p>Contracting authorities may set eligibility criteria relating to economic and financial standing, technical and professional capacity, and legal qualifications. Common criteria include:<\/p>\n<ul>\n<li>Relevant experience<\/li>\n<li>Qualifications and competence of key personnel<\/li>\n<li>Financial capacity and turnover<\/li>\n<li>Quality assurance systems and certifications<\/li>\n<li>Health, safety, and environmental management systems<\/li>\n<\/ul>\n<p>Furthermore, for restricted procedures, negotiated procedures with a call for competition, competitive dialog and innovation partnerships, a contracting authority may limit the number of eligible tenderers that are allowed to submit bids, cf. the Procurement Regulation Section 16-12. The contracting authority must publish objective and non-discriminatory criteria for the selection of bidders.<\/p>\n<p>The methodology is generally consistent across sectors.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction mandate that certain bidders are excluded from tendering procedures (e.g. those with convictions for bribery)? If so, what are those grounds of mandatory exclusion? Are there any notable features of how this operates in your jurisdiction e.g. central registers of excluded suppliers? Does your jurisdiction specify discretionary grounds of exclusion? If so, what are those grounds of discretionary exclusion?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Contracting authorities must exclude bidders who have not fulfilled obligations to pay taxes or social security contributions in their home state or in Norway if this has been established by a final judgment or binding decision, cf. the Procurement Regulation Section 24-2 (1).<\/p>\n<p>Contracting authorities must also exclude bidders who the authority knows have been convicted by final judgment or have accepted a penalty notice for: (a) participation in a criminal organisation; (b) corruption; (c) fraud; (d) terrorist offences or offences linked to terrorist activities; (e) money laundering or terrorist financing; (f) child labour and other forms of human trafficking, cf. the Procurement Regulation Section 24-2 (2).<br \/>\nAdditionally, contracting authorities must exclude bidders that do not fulfill the eligibility criteria, cf. the Procurement Regulation Section 24-2 (1) (see also question 6 above).<\/p>\n<p>Contracting authorities have a discretionary right to exclude bidders (unless exclusion would be disproportionate) who, inter alia: (a) have not fulfilled tax or social security obligations (other than those covered by mandatory exclusion); (b) are bankrupt, subject to insolvency proceedings or similar; (c) have committed serious or repeated breaches of environmental, labour, or social law; (d) where there is a conflict of interest; (e) where there are clear grounds to believe the supplier has entered into agreements to distort competition; (f) have shown significant deficiencies in performance of previous public contracts; (g) have given incorrect or misleading statements to the contracting authority, (h) have attempted to unduly influence the contracting authority; or (i) have committed serious, documented errors casting doubt over its professional integrity cf. the Procurement Regulation Section 24-2 (3).<br \/>\nUnlike some jurisdictions, Norway does not maintain a central register of excluded suppliers.<\/p>\n<p>There are certain time limits for exclusion set out in the Procurement Regulation Section 24-2 (2) and (3). Contracting authorities may only exclude bidders according to the Procurement Regulation Section 24-2 (2) up to five years after the date of the relevant final judgment or acceptance of a penalty notice. Discretionary exclusions under the Procurement Regulation Section 24-2 (3) letters (c), (e), (f) and (i) are limited to three years after the relevant event. Bidders may avoid exclusion based on the Procurement Regulation Section 24-2 (2), and (3) letters (c), (e), (f) and (i) by fulfilling conditions for \u201cself-cleaning\u201d according to the Procurement Regulation Section 24-5.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please describe a typical procurement procedure for a complex contract. Please summarise the rules that are applicable in such procedures. Please include a timeline that includes the key stages of the process, including an estimation for the total length of the procedure.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A competitive procedure with negotiation or competitive dialogue may be used when the authority&#8217;s needs cannot be met without adaptation of readily available solutions, the procurement includes design or innovative solutions, the procurement&#8217;s nature, complexity, legal or financial composition or associated risk makes it necessary to negotiate, or the authority cannot formulate specifications with sufficient precision, cf. the Procurement Regulation Section 13-2.<\/p>\n<p>The competitive procedure with negotiation is a two-step procedure where suppliers first submit applications to qualify\/be selected, and then submit bids in the second step. For a complex contract, the procedure may typically take 6 to 12 months. However, the timeline varies from case to case, and is influenced <em>inter alia<\/em> by the complexity of the contract and procedure, the contracting authority\u2019s planning and to what extent bidders raise questions, concerns or complaints. In complex contracts, authorities often set deadlines that are longer than the minimum required by law.<\/p>\n<p>Having said this, a typical timeline for a competitive procedure with negotiation could look as follows:<\/p>\n<ul>\n<li>Prior information notice (optional): Non-central government contracting authorities may use a prior information notice instead of a standard contract notice, which must be sent to publication at the earliest 12 months and at the latest 35 days before the date the contracting authority invites suppliers to confirm their interest.<\/li>\n<li>Contract notice publication: Day 0.<\/li>\n<li>Deadline for requests to participate: must be at least 30 days. If using a prior information notice, the 30 days period starts when the invitation to confirm interest is sent.<\/li>\n<li>Selection and invitation of suppliers to submit initial bid: Weeks 5-7.<\/li>\n<li>Initial bid submission deadline: Weeks 9-12. The deadline for receipt of the first bid from suppliers who are invited to submit bids must be at least 25 days from the date the contracting authority sent the invitation.<\/li>\n<li>Negotiation phase: The contracting authority must negotiate with all suppliers, unless it reduces the number of bids to be negotiated at successive stages. The negotiations may cover all aspects of the bid. It is not permitted to negotiate about the award criteria and absolute requirements. Typical duration: 8\u201316 weeks, depending on complexity.<\/li>\n<li>Changes to procurement documents (if applicable): Any changes to the procurement documents as a result of the negotiations must be sent immediately to all remaining suppliers. Following such changes, the contracting authority must give the suppliers sufficient time to submit revised bids if necessary.<\/li>\n<li>Final bid submission: Week 20-28. The contracting authority must conclude the negotiations by setting a common deadline for receipt of final bids from the remaining suppliers. It is not permitted to negotiate about the final bids.<\/li>\n<li>Evaluation: 4\u20138 weeks.<\/li>\n<li>Award decision and notification: Week 30-36. The contracting authority must send a written notification simultaneously to the affected suppliers about the choice of supplier before the contract is entered into. The contracting authority must provide reasons for the choice and specify a standstill period .<\/li>\n<li>Standstill period (karensperiode): The contracting authority may enter into a contract at the earliest after expiry of the standstill period set in the award decision. The standstill period must be at least ten days from the day after the notification about the choice of supplier was sent.<\/li>\n<li>Contract signature: Week 32\u201338.<\/li>\n<\/ul>\n<p>Key procedural rules include:<\/p>\n<ul>\n<li>The contracting authority must treat suppliers equally in negotiations. The contracting authority may not in a discriminatory manner provide information that can give some suppliers an undue advantage over others. During negotiations, the contracting authority must not without consent give the other suppliers access to solutions or other confidential information that a supplier has provided.<\/li>\n<li>The contracting authority may decide that negotiations will take place in several phases to reduce the number of bidders. Such reductions must be made on the basis of the award criteria. In the final phase of negotiations, the number of bidders must be sufficient to ensure genuine competition, provided there are sufficient remaining bidders.<\/li>\n<li>The contracting authority may award the contract without conducting negotiations if it has reserved the right to do so in the notice or invitation to confirm interest.<\/li>\n<li>The mandatory standstill period before contract signature ensures unsuccessful bidders can assess whether to challenge the award before the contract is signed.<\/li>\n<\/ul>\n<p>Alternatively, a contracting authority may for a complex contract use the procedures competitive dialogue or innovation partnership. These procedures allow more flexibility for contracting authorities throughout the process to amend and specify the tender requirements according to their needs.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If different from the approach for a complex contract, please describe how a relatively low value contract would be procured. (For these purposes, please assume the contract in question exceeds the relevant threshold for application of the procurement regime by less than 50%)<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For most contracts, the open procedure is typically used. The open procedure is single-stage without negotiation. With the exception of the areas of defense and security, the open procedure is available for all procurement sectors and can be used as a standard procedure without justification.<\/p>\n<p>The process is as follows:<\/p>\n<ul>\n<li>Publication on Doffin\/TED using standard forms<\/li>\n<li>Minimum 35-day tender period for open procedure<\/li>\n<li>Streamlined selection and evaluation of bids<\/li>\n<li>Less extensive qualification requirements than competitive process with negotiation and other procedures<\/li>\n<li>Minimum ten-day standstill period before signing contract<\/li>\n<\/ul>\n<p>The total duration is typically two to four months, but varies from case to case and may sometimes be longer.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is seen as current best practice in terms of the processes to be adopted over and above ensuring compliance with the relevant regime, taking into account the nature of the procurement concerned?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Best practice beyond mere compliance includes:<\/p>\n<ul>\n<li>Preliminary (structured) market consultations for complex requirements (within permitted boundaries)<\/li>\n<li>Proportionate qualification requirements avoiding unnecessary barriers<\/li>\n<li>Setting longer deadlines than the minimum requirements where appropriate<\/li>\n<li>Awaiting signing of contract until all formal complaints have been answered (even if the standstill period has lapsed)<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please explain any rules which are specifically applicable to the evaluation of bids.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Award criteria must be linked to the contract&#8217;s subject matter and may include quality, price, cost-effectiveness, technical merit, environmental characteristics, social aspects, innovation, organisation, and qualifications of personnel. Criteria must be objective, transparent, and published in advance with their relative weight or order of importance.<\/p>\n<p>Contracting authorities generally enjoy a large degree of discretion when evaluating bids. However, the evaluation must be in accordance with the award criteria as described in the tender documents, and must not violate the fundamental principles set out in the Act on Public Procurement (including the principles of equal treatment, predictability, verifiability, and proportionality). The evaluation must be documented, objective, and applied consistently to all bids.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction have specific rules for the treatment of bids assessed to be \"abnormally low\" for the purposes of a particular procurement (i.e. a low priced bid, significantly lower than any other bid or a bid whose pricing raises questions of sustainability\/viability over the contract term)? If so, is there a definition of what \"abnormally low\" means and please can you provide a short summary of the specific rules?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>According to Section 24-8 (1) (c) of the Procurement Regulation, abnormally low bids must be excluded from the tender process if the low price is due to non-compliance with environmental, labour, or social provisions established under national or international rules, as listed in Appendix 5 of the regulation (i.e. specific international conventions). If the price is abnormally low for other reasons, the contracting authority is not obligated to reject the bid, but has the discretion to do so pursuant to Section 24-8 (2) (b).<\/p>\n<p>\u201cAbnormally low\u201d is not defined in the regulation. In practice, pricing under cost\/with a loss would not in itself be viewed as abnormally low. To be found to be abnormally low, it is required that there are circumstances that indicate that the supplier will have difficulties fulfilling its obligations under the contract due to the low price. The contracting authority is required to seek information from the supplier on the reason for the low price before deciding on exclusion.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please describe any rights that unsuccessful bidders have that enable them to receive the reasons for their score and (where applicable in your jurisdiction) the reasons for the score of the winning bidder. Are regulated procuring bodies required to provide these reasons for their award decision before awarding the contract in question?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Contracting authorities must send notification of the award decision to all bidders before entering into the contract, and must observe a minimum ten-day standstill period (15 days if non-electronic communication). The notification must include the name of the winning bidder and a statement concerning the characteristics and relative advantages of the winning bid. The contracting authority is not required to provide a specific, tailored statement to each different bidder; it is sufficient to provide one identical notification and statement to all bidders.<\/p>\n<p>The statement must be comprehensive enough to enable the bidders to assess whether the award is lawful and whether there are grounds to challenge the award. The requirements for detail in the statement will depend on the tender and the results; for example, where the difference in scores are very small, the contracting authority may have to include more detail in order for the suppliers to be able to understand what the decisive factors were.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What remedies are available to unsuccessful bidders in your jurisdiction? In what circumstances (if any) might an awarded contract be terminated due to a court's determination that procurement irregularity has occurred?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A passed-over bidder may first challenge an award decision by filing a complaint with the contracting authority. The contracting authority is required to assess and respond to the complaint. However, the complaint itself does not prevent the contracting authority from entering into a contract with the successful bidder, allthough it is customary for authorities to respond to the complaint before entering into contract.<\/p>\n<p>Award decisions may also be challenged by filing a complaint with the Complaints Board for Public Procurement (\u201cKOFA\u201d). Where a complaint is submitted to KOFA, the contracting authority may decide to postpone signing the contract until KOFA has reached a decision, but is not obliged to await such a decision. Although KOFA\u2019s decisions are advisory rather than legally binding, contracting authorities do in practice adhere to the decisions once they are handed down. However, if the contract has been signed in the meantime, even a successful KOFA complaint will not lead to annulment of the contract.<\/p>\n<p>The Norwegian courts can also set aside decisions made by the contracting authority that violate public procurement law. During the standstill period, a petition to the courts for interim injunction will automatically suspend the contracting authority\u2019s ability to sign the contract until the injunction proceedings are concluded before the court of first instance. If the application is successful, the contracting authority will be legally prevented from signing the contract until the legality of the award has been tried by the courts in a full trial. A complaint to the contracting authority or KOFA is not a prerequisite for applying for interim injunction.<\/p>\n<p>After the contract has been signed, unsuccessful bidders are generally unable to have the contract annulled. Instead, unsuccessful bidders may claim damages by bringing action before the courts.<\/p>\n<p>A signed contract may be set aside by the courts only where there has been an unlawful direct award, such as where a contract was entered into without publication of a tender procedure, despite this being required. For such unlawful direct awards, KOFA may also impose legally binding fines to the contracting authority upon receiving a complaint thereof.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are public procurement law challenges common in your jurisdiction? Is there a perception that bidders that make challenges against public bodies suffer reputational harm \/ harm to their prospects in future procurement competitions? If so, please provide brief comment. Assuming a full hearing is necessary (but there are no appeals), how much would a typical procurement claim cost: (i) for the defendant and (ii) for the claimant?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Public procurement challenges are relatively common in Norway. Complaints to the contracting authority are often filed to challenge or clarify potential issues. Many disputes are resolved through the Complaints Board for Public Procurement (KOFA), which provides non-binding administrative review. Challenges in the form of interim injunction applications to the courts also occur regularly, as do claims for damages.<\/p>\n<p>There can be some concern amongst suppliers that frequent challengers may face informal disadvantage, though this is legally prohibited and difficult to quantify. Many suppliers balance commercial considerations against enforcement of their rights. Our impression is that well-founded complaints typically do not lead to reputational or relationship harm, but this may depend on the circumstances.<\/p>\n<p>Typical costs for a contract dispute (full hearing of an interim injunction case in court) will depend on complexity, the need for expert evidence and duration. The main costs are legal costs (including potentially adverse costs if unsuccessful), as court fees are negligible. Typical costs for each of the claimant and the defendant are at minimum several hundred thousand Norwegian kroner.<\/p>\n<p>Complaints to the contracting authority or KOFA are less costly, inter alia because they do not involve an oral hearing.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Typically, assuming a dispute concerns a complex contract, how long would it take for a procurement dispute to be resolved in your jurisdiction (assuming neither party is willing to settle its case). Please summarise the key stages and typical duration for each stage.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Interim injunction<\/strong><\/p>\n<p>Interim injunction proceedings are carried out relatively quickly, usually in the matter of weeks. Although the decision in principle is intended to be temporary, it will in practice often finally resolve the case. If the application is successful, contracting authorities will often prefer to amend the award decision or cancel the procedure rather than to wait, potentially for years, for a final decision following a full trial, and possibly rounds of appeal. Conversely, if unsuccessful, the bidder will be unable to prevent the contract from being signed (but could instead launch a separate claim for damages).<\/p>\n<p>A typical timeline for interim injunction proceedings, where there are no special circumstances causing delays, may be as follows:<\/p>\n<ul>\n<li>Interim injunction application: Day 0<\/li>\n<li>Defence submission and written submissions: Weeks 1-2<\/li>\n<li>Hearing of interim injunction: Weeks 2-4<\/li>\n<li>Court decision: Within a few weeks after the hearing<\/li>\n<\/ul>\n<p>Where contracts are signed, the available remedy for unsuccessful bidders is a claim for damages. It would typically take at least six months, and often longer, from a claim is brought before the courts until case is resolved by the court of first instance. An appeal could take the same time or longer. Supreme Court appeals require leave of appeal, which is only granted in a small share of cases.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What rights\/remedies are given to bidders that are based outside your jurisdiction? Are foreign bidders' rights\/remedies the same as those afforded to bidders based within your jurisdiction? To what extent are those rights dependent on whether the host state of the bidder is a member of a particular international organisation (i.e. GPA or EU)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Foreign bidders&#8217; rights depend on any agreement between their home state and Norway, cf. the Procurement Act Section 3:<\/p>\n<ul>\n<li>EEA\/EU bidders: Full equal treatment under EEA Agreement; same rights and remedies as Norwegian bidders.<\/li>\n<li>Bidders from GPA parties or bilateral trade agreements: Guaranteed access and equal treatment as EEA\/EU bidders as long as the specific contract is covered under the GPA or trade agreement, cf. the Procurement Act Section 3. For bidders in GPA party countries, in addition to being established in a GPA party country, the contract value must be over the specific GPA value threshold (which are similar, but not identical, to the current EU thresholds), and the specific contract type must be covered according to the GPA annexes. Despite this, some services and works contracts are only covered where there is reciprocal access for other GPA parties in the relevant GPA country. Access under bilateral trade agreements is normally structured in the same way as for the GPA, and needs to be assessed on a case-to-case basis.<\/li>\n<li>Other bidders: Contracting authorities may impose conditions or restrictions on participation. Such bidders may bid if no restrictions are imposed by contracting authority, but are not guaranteed equal treatment during the procedure. Whether the bidder may have rights and put forwards claims against the contracting authority and\/or the courts must be assessed on a case-by-case basis.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Where an overseas-based bidder has a subsidiary in your territory, what are the applicable rules which determine whether a bid from that bidder would be given guaranteed access to bid for the contract? Would such a subsidiary be afforded the same rights and remedies as a nationally owned company bidding in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A Norwegian subsidiary which submits a bid is treated as a Norwegian\/EEA entity for procurement purposes, irrespective of the nationality of its owners, provided that the subsidiary is established in accordance with Norwegian law and has its registered seat, central administration or principal place of business in Norway (or another EEA country).<\/p>\n<p>Such subsidiaries have:<\/p>\n<ul>\n<li>Guaranteed access to bid (if they fulfil the qualitative criteria to do so)<\/li>\n<li>Same rights and remedies as domestically owned companies<\/li>\n<\/ul>\n<p>Contracting authorities cannot discriminate based on foreign ownership of Norwegian subsidiaries.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your jurisdiction is there a specialist court or tribunal with responsibility for dealing with public procurement issues? In what circumstances will it have jurisdiction over a public procurement claim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Complaints Board for Public Procurement (KOFA) (see Section 14 above) offers expedited and low-cost reviews by procurement specialists. The board can generally review any public procurement case in Norway, but certain time-limits apply. We refer to Section 14 above.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are post-award contract amendments\/variations to publicly procured, regulated contracts subject to regulation in your jurisdiction? Are changes to the identity of the supplier (for example through the disposal of a business unit to a new owner or a sale of assets in an insolvency situation) permitted in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Post-award contract amendments are regulated, cf. the Procurement Regulation Chapter 28 (the other relevant Regulations include similar rules). Material amendments are, as a rule, unlawful. Some amendments are specifically allowed, subject to certain requirements.<\/p>\n<p>A modification is always deemed to be material where it: (a) introduces new conditions that, if part of the original competition, could have attracted different suppliers or led to a different award; (b) changes the contract&#8217;s economic balance in favour of the contractor; (c) significantly extends the contract&#8217;s scope; or (d) involves change of contractor in cases not covered by permitted exceptions, cf. the Procurement Regulation Section 28-2.<\/p>\n<p>Modifications are permitted when:<\/p>\n<ul>\n<li>specifically provided for in original tender documents (such as options);<\/li>\n<li>involving price increases below EU thresholds and no more than 10% of original value for goods and services or 15% for works, and do not alter the overall character of the contract;<\/li>\n<li>involving additional works\/services from original contractor meeting strict conditions (not exceeding 50% of original value and unavoidable);<\/li>\n<li>caused by unforeseeable circumstances and meeting strict conditions (not exceeding 50% of original value and does not alter overall character);<\/li>\n<li>comprising a change of contractor through corporate restructuring, insolvency, or succession (provided no other substantial modification); or<\/li>\n<li>is deemed \u201cnon-material\u201d.<\/li>\n<\/ul>\n<p>Material modifications not meeting these conditions require a new procurement procedure.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How common are direct awards for complex contracts (contract awards without any prior publication or competition)? On what grounds might a procuring entity seek to make a direct award? On what grounds might such a decision be challenged?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Direct awards for complex contracts are uncommon and subject to strict conditions.<\/p>\n<p>There are certain procurements that are not subject to the Procurement Act and Regulations, i.e. where a contracting authority may make a direct award, cf. Chapter 2 of the Procurement Regulation:<\/p>\n<ul>\n<li>Contracts that can be excluded in accordance with the EEA Agreement Article 123, which inter <em>alia allows<\/em>, on certain conditions, measures which relate to the production of, or trade in, arms, munitions and war materials or other products indispensable for defence purposes or to research, development or production indispensable for defence purposes.<\/li>\n<li>Service contracts with another contracting authority that has a statutory exclusive right to perform the service in question<\/li>\n<li>Purchases or rent of land or real estate<\/li>\n<li>Purchase of audiovisual services<\/li>\n<li>Certain legal services such as legal representation in court<\/li>\n<li>Certain financial services such as bank loans<\/li>\n<li>Certain research and development contracts<\/li>\n<li>Procurement related to electronic communication networks<\/li>\n<\/ul>\n<p>For procurements that are not covered by the exemptions above, contracting authorities may use direct awards only if strict conditions are fulfilled, cf. the Procurement Regulation Section 13-4 (and similarly in the Utilities Procurement Regulation Section 9-3). These concern situations where:<\/p>\n<ul>\n<li>it is impossible to conduct a procurement procedure (e.g. due to urgency)<\/li>\n<li>there is technical or artistic exclusivity (only one supplier can perform), or exclusivity based on IP rights<\/li>\n<li>goods are purchased at a commodity exchange<\/li>\n<li>certain additional procurement of goods, services or works from an existing supplier under strict conditions<\/li>\n<\/ul>\n<p>The Procurement Regulation Section 13-4 only exempt contracting authorities from conducting a procedure, and does not exempt them from the Procurement Act or Regulation as such. Where a contracting authority makes a direct award with reference to this provision, it must still ensure compliance with other rules and principles, such as documenting the reasons for exemption, ensuring competition as far as possible and ensuring equal treatment.<\/p>\n<p>Direct awards may be challenged as unlawful by complaining to KOFA (which can conclude that the award was indeed unlawful, and award a fine) or by going to court to seek to have the contract nullified.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have your public procurement rules been sufficiently flexible and\/or been adapted to respond to other events impacting the global supply chain (e.g. the war in the Ukraine)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Norwegian procurement rules have been applied flexibly to respond to supply chain disruptions from geopolitical events (Ukraine war, etc.). The rules were not amended. To respond to such events, contracts could typically be modified under permitted unforeseen circumstances provisions for price adjustments and delivery extensions, and contracting authorities could accept force majeure claims affecting contract performance.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">5904<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/127286","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=127286"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}