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The Public Procurement Act (Procurement Law)

Original Language Title: Lov om offentlige anskaffelser (anskaffelsesloven)

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Law of public acquisitions (acquisition law)

Date LAW-2016-06-17-73
Ministry of The proximity and the fisheries Department
Last modified
Published In 2016 booklet 8
Istrontrecation King decides
Changing LAW-1999-07-16-69
Announcement 17.06.2016
Card title The Antax Act

SECTION 1. Formal

The law is to promote effective use of society resources. It is also supposed to contribute to the public performing with integrity, so that the public has confidence that public acquisitions happen in a community's civic manner.

Tris in effect when the King decides.

SECTION 2. Scope

The law applies when employers as mentioned in other clause are part-, service, or build-and facility contracts, herduring consession contracts, or conducting plan and design competitions, with an estimated value equal to or exceed 100,000 crowns eckl. mervalue tax.

The law applies to the following employers :

a) state government,
b) county of the county and municipal authorities,
c) public liporeal organs,
d) coincide with one or more employers as mentioned in the letter a to c,
e) public enterprises exercising supply activity as defined in international agreements that Norway is committed by and
f) other enterprises that practice supply activity on the basis of energy or particular as defined in international agreements that Norway is committed by.

The law does not apply to acquisitions that can be exempated after the EES agreement Article 123. The Ministry of Law may in regulation determine further exceptions from the scope of the law.

The Ministry can in regulation determine exceptions from the scope of the law.

The Ministry of Law may in regulation determine that the law shall apply to build and facility contracts and associated service contracts as employers mentioned in the other clause a to d not even part, but do direct addition to by more than 50 percent.

The Ministry of Law may in regulation determine that the law shall apply to Svalbard, and determine the shonest rules of consideration for the site of the site conditions.

Tris in effect when the King decides.

SECTION 3. Rights hazing

Rights hazing after the law is enterprises established in accordance with the legislation of an EPS state and has its seat, master management or major enterprise in such a state. The same goes for enterprises granted rights after the WTO agreement on public purchases or other international agreements that Norway is committed by, in the scope that follows of such agreements.

Tris in effect when the King decides.

SECTION 4. Basic principles

The employer shall perform in accordance with basic principles of competition, equilibrium, pretrial, post-trial and relationship reductive.

Tris in effect when the King decides.

SECTION 5. Environment, human rights and other community considerations

Government, county officials and municipal authorities and public and public-level of public organs should be indutable their acquisition practices so that it contributes to reducing harmful environmental impact, and promote climate-friendly solutions where this is relevant. This is supposed to be among other things happen by the employer taking into account life cycle costs. These employers should also have egedown routines to promote respect for basic human rights by public acquisitions where there is a risk of violation of such rights. The Ministry can provide regulation on the further content of the determination.

The employer may ask edown requirements and criteria related to different steps in the acquisition process, so that public contracts are being done in a way that promotes environment, innovation, working conditions and social conditions, provided that the requirements and The criteria have ties to the delivery.

The Ministry can in regulation impose state, county commissioner and municipal government and public policy organs to question restrictions in the number of clause in the supply chain by the execution of public contracts in industries with shonest challenges related to work-life discrimination.

The employer shall ask for universal design requirements in public contracts in accordance with rules that are determined in regulation.

The Ministry of Justice can in regulation impose employers to ask for universal design requirements in public contracts.

Tris in effect when the King decides.

SECTION 6. The scripture about the pay and work terms in public contracts

The Ministry can in regulation impose state, county commissioner and municipal government and public policy organs to bring in clauses in service and construction contracts that are to secure pay and employment terms that are not worse off than that follows of the current regulations on the general public-related tariff agreements or nationwide tariff agreements for the appropriate industries.

The Ministry of Justice can in regulation impose employers to bring attention that the clauses are being honored, and to commit measures to the supplier by the lack of compliance of the clauses.

Tris in effect when the King decides.

SECTION 7. Requirement of the use of apprentices

Government, county officials and municipal authorities and public and public policy organs should silence claims that providers are associated with an apprenticeship, and that one or more apprentices participate in the work of the review of the contract. The requirement applies in industries where the ministry of regulation has defined that there is particularly need for learning spaces. The Ministry of Justice can in regulation determine further rules about the use of apprentices, herunder determine that the requirement should apply only to contracts over a certain value and duration.

In the individual acquisition, requirements for the first clause must be enclosed in relation to the species of the contract and scope.

Tris in effect when the King decides.

Section 7a. Rules of acquisitions of health and social services

The Ministry shall at regulation give particular rules about acquisitions of health and social services.

The Ministry should at the design of the scripture especially put emphasis on the distinctive features of health and social services. The recipe should help promote important consideration as diversity, quality, continuity and user participation within this service area.

Tris in effect when the King decides.

SECTION 8. Search

Search targets about the violation of the law or regulation given in the co-hold of the Act of the Law of the Court without the settlement of the settlement.

Until the contract is reached, the court can set aside decisions that the employer has hit in violation of the law or regulation given in the co-laws of the law.

The Ministry can provide regulation on forced verneying.

Tris in effect when the King decides.

SECTION 9. Temporary foraging

The TvistelAct Act applies to the processing of the motion of the motion of temporary foraging unless otherwise determined in this law or regulation given in the co-operation of the Act. After the contract has been reached, the court may not be able to suspend temporary foraging against the employer of the violation of the law or regulation given in co-compliance with the law.

The Ministry can give regulation that the employer's admission to contract suspension would be suspended if the petition for temporary forturation is placed in a set of carenperiod.

The Ministry can provide regulation on petitions on temporary fortresses, herunder determining that the employer may set a due date for the motion of temporary forecasting against decisions to reject or reject a request to participate in the competition.

Tris in effect when the King decides.

SECTION 10. Replacement

The supplier has claims for damages for losses he has suffered as a result of violation of the law or regulation given in co-laws of the law.

Tris in effect when the King decides.

SECTION 11. Tvistellation organ

The king can create an organ for the solution of disputes about rights and duties by the law and regulations given in the co-laws of the Act. The employers who are co-authored by the law have the obligation to participate in the process of organ.

The Ministry can provide regulation on the case treatment in the organ.

The Offentleglawlaw applies to the dispute of the dispute organising.

Tris in effect when the King decides.

SECTION 12. Overcharge Fee

If the tweet organ comes to the fact that the employer or someone who acts on dennes's behalf intentional or aggravated involuntary has made an illegal direct acquisition, the organ will be the employer of the violation of the violation. If the organ comes to the fact that the employer or someone who acts on dennes's behalf negligent has taken an illegal direct acquisition, the organ could not be able to provide a violation fee.

The effective fee after the first clause cannot be illegated if the employer has published an intensive notice by rules determined in regulation, and the earliest reached contract after the expiration of 10 days the rain from the day after the date of the announcement.

At the decision of whether the violation fee shall be illegges after Section 12 first clause different periods and at determining the size of the fee, it shall particularly be placed emphasis on the break-up, the size of the acquisition, whether the employer has made repeated illegal direct acquisitions and the contraceptive impact. The fee cannot be set higher than 15 percent of the acquisition's value.

The decision to fire the violation fee cannot be incurred. The fee is due to payment two months after the ordinance is authored. The adoption of fire fees abduils two years after the contract has been reached. The deadline is canceled by that the tweet organ sending the employer an announcement that it has received a complaint with the claim of illegal direct acquisition.

The decision to ilegg violation fees are compulsiated for the use of the limitations that follow by compulsication Act Section 1-2.

Search targets whether the organ's ordinance must be raised within two months after the parties received the ordinance. The court can try all sides of the matter. The adoption to travel lawsuits also apply to the state government and organs.

If the tweet organ hits the ordinance to fire the violation fee, and the court later discharges the verdict of the same contract after Section 13 and 14, the organ shall be repealing and repaying the fee.

Tris in effect when the King decides.

SECTION 13. Search targets to know a contract without effect

The court shall know a contract with a value equal to or exceeds the EES threshold values, without effect

a) when the employer has made an illegal direct acquisition,
b) when the contract is awarded under a frame agreement with multiple providers in violation of the reopening of the competition stipulor awarded under a dynamic purchase arrangement in violation of regulation, or
c) when the employer has broken law or regulation that has affected the supplier's ability to be awarded the contract, and at the same time, violation of rules of the carenperiod or suspension has been determined in regulation that has stripped of the vendor the opportunity to to commit judicial steps before the contract enact.

The court cannot know a contract without effect after the first clause of the letter a if the employer has published an intensive cleaning following rules stipulated in regulation and the earliest reached contract after the expiration of 10 days rained from the day after the date of the announcement.

The court cannot know a contract without effect after first clause letter b if the employer has submitted the announcement of the selection of supplier to affected vendors by rules in regulation and the earliest reached contract after the expiration of a volunteer The map period in accordance with rules of the carenperiod stipuled in regulation.

If essential consideration to the public's interests, it is necessary to maintain the contract, the court can not recognize the contract without effect. If the consequence of knowing a contract without effect in serious degree will be able to threaten a greater defense or security program that is crucial to Norway's security interests, the court may not know the contract without effect. In such cases, the court shall determine sanctions after Section 14 first clause letter a number 1.

A contract can be felt without effect for future contract compliance. If the contract performance can be reintroduced in significantly the same condition and quantity, the contract can be felt without effect from the time of the contract incomes. If the contract feels without effect for future contract compliance, the court in addition idtender employers shall be hired a violation fee after Section 14 other clauses.

Tris in effect when the King decides.

SECTION 14. Search targets to defile a contract duration or idtender employer violation fees

The court shall defile a contract duration or idtender employers a violation fee

a) when the contract value is equal to or exceeds the EES threshold values and
1. court fails to know a contract without effect after Section 13 fourth clause, or
2. The employer has made other violations of the rules about the period of carbon period or suspension than those who are reauthored by Section 13 first clause letter c, or
b) when the contract value is equal to or exceeds a national threshold value determined in regulation, but not the EES threshold values, and the employer has made an illegal direct acquisition.

The court shall id the employer an offence fee when the contract feels without effect for future contract compliance after Section 13.

The court can idtender sanctions as mentioned in the first clause of contracts with a value equal to or exceed a national threshold value determined in regulation, but not the EES threshold values, when the employer has taken violation of law or regulation that has affected the supplier's ability to be awarded the contract. This assumes that the employer at the same time has been violating rules about the period of carenperiod in regulation that has stripped of the vendor the ability to commit legal steps prior to the contract ingo.

The court cannot id sanctions after the first clause of the letter b if the employer has published an intensive cleaning following rules in regulation and the earliest reached contract after the expiration of ten days the rain from the day after the date of the announcement.

By determining sanctions, it should particularly be placed on the weight of the groom, the size of the acquisition, whether the employer has made repeated breakups, the possibility of restoring the competition and the contraceptive impact. The court can combine the sanctions. The effective fee cannot be set higher than 15 percent of the acquisition's value.

Tris in effect when the King decides.

SECTION 15. Process unrelle special rules and deadlines of lawsuits by Section 13 and 14

By lawsuits of violations that co-authored by Section 13 and 14 duties the plaintiff to notify the employer's co-countermeasure about the lawsuit. Varrilet is provided at the transfer of copy of the subpoena.

The court shall, regardless of the couple's claims, ididment sanctions after Section 13 and 14 if the terms of it are met.

A judicial judgment that goes out that a contract feels without effect, or that a contract duration is dedutable, is binding for all and any and shall be added due to all conditions.

Sanctions after Section 13 and 14 can only be idled when lawsuits are raised within two years after the contract has been reached. If the tweet organ receives a complaint with the claim of illegal direct acquisition, the deadline is cancelled.

If the employer has signed a contract without the announcement of the competition, but announced the contractual agreement following rules determined in regulation, sanctions could be imposed after Section 13 first clause letter b or Section 14 first clause letter b only idomment when lawsuits The rise within 30 days rained from the day after the date of the announcement. If the tweet organ receives a complaint with the claim of illegal direct acquisition, the deadline is cancelled.

If the employer has announced the competition and given affected providers an announcement that contract has been reached, sanctions may be after Section 13 first clause letter b and c, Section 14 first clause letter a # 2 and Section 14 third joints only idreddit when lawsuits are raised within 30 days the rain from the day after the message has been submitted.

When the tweet organ hits the decision in a case of an illegal direct acquisition and the search period in the fourth or fifth clause runs out within 30 days from the decision, a new deadline applies to 30 days the rain from the day after the date of The tweet organ's decision.

Tris in effect when the King decides.

SECTION 16. Prescription

The Ministry can provide regulation to padding and review of the law.

The Ministry of Justice can give regulation on the employer's admission to say up a contract.

The Ministry can provide regulation on the use of electronic bill in public acquisitions.

Tris in effect when the King decides.

SECTION 17. Enlay

The Ministry may provide the employer's injunction necessary to ensure compliance of Norway's obligations following the EES agreement, the WTO agreement on public purchases or other international agreements that Norway is committed to ensure that duty after such an injunction is met, the Department of Justice may illau the employer an ongoing foreclosure after the expiration of the due date set for the fulfillment of the injunction, until the injunction is met. The Ministry can provide regulation on foreclosure.

Tris in effect when the King decides.

SECTION 18. Istrontrecation and transition rules

The law applies from the time the King decides. From the same time, law is repeait 16 July 1999 # 69 about public acquisitions.

The Ministry can provide regulation on transition rules.