The Public Procurement Act (Procurement Law)

Original Language Title: Lov om offentlige anskaffelser (anskaffelsesloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2016-06-17-73

The Public Procurement Act (procurement law)


Date LOV-2016-06-17-73


Ministry of Industry and Ministry of Fisheries

Edited



Published in 2016 Booklet 8


Commencement King decides

Changes
LOV-1999-07-16-69

Promulgated
17/06/2016

Short Title
Acquisition Act

§ 1. Purpose The Act shall promote the efficient use of society's resources. It will also help ensure that the public act with integrity, so that the public has confidence that public procurements are made in a socially beneficial manner.
Enters into force when the King decides.

§ 2. Scope The Act applies when contracting entities referred to in subsection contained goods, service or construction contracts, including licensing contracts, or conducts planning and design competitions, with an estimated value equal to or exceeding 100 000 excl. VAT.
Act applies to the following principals:

A)
state governments,

B)
county and municipal authorities,

C)
statutory bodies

D)
associations with one or more contracting entities referred to in subparagraphs a to c,

E)
public undertakings supply activity as defined in international agreements that Norway is obliged by and

F)
other businesses that exerts supply activity on the basis of exclusive rights or special rights as defined in international agreements to which Norway is bound.

The law does not apply to procurements which may be exempted under the EEA Agreement Article 123. The Ministry may lay down additional exceptions to the statutory scope.
Ministry may in regulations provide exceptions from the Act's ambit.
Ministry may in regulations provide that Act shall apply to works contracts and associated service contracts that principals as mentioned in paragraph a to d are not even included, but provides direct grants to more than 50 percent.
Ministry may in regulations provide that Act shall apply to Svalbard, and lay down special rules for the sake of local conditions.
Enters into force when the King decides.

§ 3. Licensees Licensees under the Act are businesses that are established in accordance with the law of a Member State and has its registered office, central administration or principal place of business in that state. The same applies to enterprises granted rights under the WTO Agreement on Government Procurement or other international agreements to which Norway is party, to the extent required by such agreements.
Enters into force when the King decides.

§ 4. Basic principles Buyer shall act in accordance with basic principles of competition, equal treatment, predictability, verifiability and proportionality.
Enters into force when the King decides.

§ 5. Environmental, human rights and other social considerations State, county and municipal governments and statutory bodies to organize their procurement practices so that it helps to reduce the harmful environmental impact and promote climate friendly solutions where applicable. This will be done by the principal to take account of lifecycle costs. These principals should also have adequate procedures in order to promote respect for fundamental human rights in public procurement where there is a risk of breach of such rights. The Ministry may issue regulations concerning the detailed content of the provision.
Buyer can set appropriate requirements and criteria related to various stages of the procurement process so that public contracts implemented in a manner that promotes respect for the environment, innovation, employment and social conditions, provided that the requirements and criteria related to the delivery.
Ministry may in regulations impose state, county and municipal governments and statutory bodies to require restrictions on the number of joints in the supply chain in the performance of government contracts in sectors with particular challenges related to workplace crime.
Buyer shall set standards for universal design in public contracts in accordance with rules prescribed by regulation.
Ministry may in regulations impose principals requiring universal design in public contracts.
Enters into force when the King decides.

§ 6. Regulations on wages and working conditions in public contracts Ministry may in regulations impose state, county and municipal governments and statutory bodies including clauses in the services and construction contracts to ensure wages and working conditions that do not is worse than provided by current regulations generally applicable collective agreements or nationwide collective agreements for the relevant sectors.

Ministry may by regulation require principals to oversee compliance with the clauses are adhered to, and to take action against the supplier in case of non compliance clauses.
Enters into force when the King decides.

§ 7. Requirements for use of apprentices State, county and municipal governments and statutory bodies should require that providers associated with an apprenticeship, and that one or more apprentices participating in the implementation of the contract. This requirement applies in industries where the ministry in regulations have defined that there is a particular need for apprenticeships. The Ministry may issue further rules on requirements for the use of apprentices, including a provision that requirement only applies to contracts above a certain value and duration.
In individual procurement must claim under subsection proportionate contract nature and scope.
Enters into force when the King decides.

§ 7a. Rules on procurement of health and social services ministry shall issue regulations special rules on procurement of health and social services.
Ministry shall at the design of the regulations particularly emphasize the characteristics of health and social services. The Regulations are intended to promote important considerations that diversity, quality, continuity and user in this service.
Enters into force when the King decides.

§ 8. Legal proceedings Legal proceedings regarding violations of the law or regulations issued pursuant to the law brought before the court without conciliation mediation.
Until a contract is signed, the court may set aside a decision by the contracting entity struck contrary to the law or regulations issued pursuant thereto.
Ministry may issue regulations on compulsory jurisdiction.
Enters into force when the King decides.

§ 9. Interim measures Disputes Act applies to the processing of petitions for injunction unless otherwise provided in this Act or regulations issued pursuant thereto. After the contract is signed, the court may not decide a preliminary injunction against the principal for violations of the law or regulations issued pursuant thereto.
Ministry may issue regulations stipulating that principal's permission to enter into a contract is suspended if a request for a preliminary injunction set forth in a stipulated period of quarantine.
Ministry may issue regulations concerning petitions for injunctive relief, including the stipulation that the client can set a time limit for the submission of a petition for a temporary injunction against the decisions to reject or dismiss a request to participate in the competition.
Enters into force when the King decides.

§ 10. Replacement Contractor is entitled to compensation for the loss he has suffered as a result of violations of law or regulations issued pursuant thereto.
Enters into force when the King decides.

§ 11. Resolution of disputes The King may establish a body for resolving disputes concerning the rights and obligations under the law and regulations issued pursuant thereto. Entities covered by the law, are obliged to participate in the process of organ.
Ministry may issue regulations concerning organ.
Freedom of Information Act applies to the dispute settlement body business.
Enters into force when the King decides.

§ 12. Violation charges If the dispute settlement body finds that the customer or anyone acting on his behalf intent or gross negligence has performed an illegal direct procurement, it shall impose the client a violation charge. If the agency finds that the customer or anyone acting on its behalf negligently made an illegal direct procurement, the agency can impose the client a violation charge.
Charge imposed under subsection can not be imposed if the contracting entity has published a memorandum announcing the rules laid down in regulations, and earlier signed the contract after the expiration of ten days from the day following the date of the announcement.
In deciding on administrative penalties be imposed under § 12 first paragraph second sentence and the determination of the fee, particular emphasis is placed on the bride its roughness, the size of the contract, the contracting entity has made repeated illegal direct procurement and the deterrent effect. The fee can not be higher than 15 percent of the contract value.
A decision to impose a penalty can not be appealed. The fee is due for payment two months after the decision is made. The right to make such a charge lapse two years after the contract is signed. The deadline is interrupted by the dispute settlement body sends the client a statement that it has received a complaint alleging illegal direct procurement.
A decision to impose a violation charge is enforceable by execution with the limitations imposed by the Enforcement Act § 1-2.

Proceedings for the Authority's decision must be brought within two months after the parties received the decision. The court may consider all aspects of the case. The right to bring proceedings also apply to state governments and agencies.
If Dispute Settlement Body decides to impose a penalty, and the court later pronounces judgment on the same contract according to §§ 13 and 14, it shall annul the decision and repay the fee.
Enters into force when the King decides.

§ 13. Proceedings to recognize a contract ineffective court shall recognize a contract with a value equal to or exceeding EEA threshold values, ineffective

A)
when the client has made an illegal direct procurement,

B)
when the contract is awarded under a framework agreement with several suppliers in violation of the rules on the reopening of competition laid down in regulations or awarded under a dynamic purchasing system in violation of regulations or

C)
when the client has broken the law or regulations that have affected the vendor the opportunity to be awarded the contract, and simultaneously undertaken breaches of waiting period or suspension stipulated in the regulations that have deprived supplier ability to initiate proceedings before contract.

Court can not recognize a contract ineffective pursuant to subsection A if the client has published a memorandum announcing the rules laid down in regulations and earlier signed the contract after the expiration of ten days from the day following the date of the announcement.
Court can not recognize a contract ineffective pursuant to subsection b, if the client has sent notice of the choice of supplier to affected providers for rules in regulations and earlier signed the contract after expiration of a voluntary standstill period in accordance with the rules on waiting period stipulated in regulation.
If imperative reasons of public interest makes it necessary to maintain the contract, the court may fail to recognize the contract ineffective. If the consequence of knowing a contract ineffective egregiously could threaten a wider defense or security program which is essential for our security interests, the court can not recognize the contract ineffective. In such cases, the court shall provide for sanctions under § 14 first paragraph letter a no. 1
A contract can be recognized without effect on future contract fulfillment. If the contractual performance can be attributed in substantially the same condition and quantity, the contract recognized without effect from the date of signing the contract. If the contract is recognized without effect on future contract fulfillment, the court shall in addition impose contracting a fine under § 14, second paragraph.
Enters into force when the King decides.

§ 14. An action for truncating a contract duration or impose principal violation charge court shall truncate a contract duration or impose client a violation charge

A)
when the contract value is equal to or exceeds the threshold values ​​are and

1.
Court fails to recognize a contract ineffective under § 13 fourth paragraph, or

2.
Client has made other violations of the rules on waiting period or suspension than those covered by § 13 subsection c, or

B)
when the contract value is equal to or exceeds the national threshold laid down in regulations, but not the EEA threshold values, and the client has made an illegal direct procurement.

The court shall impose the client a violation charge when contract recognized without effect on future contract fulfillment under § 13.
court may impose sanctions as mentioned in the first paragraph contracts with a value equal to or exceeds the national threshold laid down in regulations, but not the EEA threshold values, when the client has made violations of law or regulations that have affected the vendor the opportunity to be awarded the contract. This presupposes that the contracting entity simultaneously made violating rules on waiting period in regulations that have deprived supplier ability to initiate legal action before signing the contract.
The court may not impose sanctions under subsection b, if the client has published a memorandum announcing after rules in regulations and earlier signed the contract after the expiration of ten days from the day following the date of the announcement.
When determining sanctions, particular emphasis is placed on the bride its roughness, the size of the contract, the contracting entity has made repeated violations, the ability to restore competition and the deterrent effect. The court may combine the sanctions. Administrative fines may not be higher than 15 percent of the contract value.
Enters into force when the King decides.


§ 15. Procedural special rules and deadlines by lawsuit pursuant to §§ 13 and 14 By actions concerning breaches under §§ 13 and 14 are obliged to notify the plaintiff principal contractor on the lawsuit. Shall be given notice by sending the copy of the writ.
Court shall, regardless of the parties' allegations, impose sanctions in accordance with §§ 13 and 14 if the conditions for it are met.
A court ruling is that a contract feels ineffective, or that a contract's duration shortened, is binding for everyone and should be applied in all circumstances.
Sanctions according to §§ 13 and 14 can only be assessed when legal proceedings are instituted within two years after the contract is signed. If the dispute settlement body receives a complaint alleging illegal direct procurement cancels deadline.
If the principal has entered into a contract without announcement of the competition, but announced signing the contract under rules laid down in Regulation may impose sanctions under § 13 first paragraph a or § 14 subsection b imposed only when proceedings are instituted within 30 days from the date after the date of publication. If the dispute settlement body receives a complaint alleging illegal direct procurement cancels deadline.
If the principal has announced the competition and given affected suppliers a statement that the contract is entered into, the sanctions under § 13 first paragraph letter b and c, § 14 first paragraph letter a no. 2 and § 14 subsection imposed only when lawsuits instituted within 30 days commencing on the day after the notice is sent.
When the dispute settlement body takes a decision in a case concerning an illegal direct procurement and litigation deadline in the fourth or fifth paragraph run out within 30 days of the decision, apply a new deadline of 30 days from the day following the date of the dispute settlement body decision.
Enters into force when the King decides.

§ 16. Regulations The Ministry may issue regulations to supplement and implement the law.
Ministry may issue regulations concerning the client's right to terminate a contract.
Ministry may issue regulations on the use of electronic invoicing in public procurement.
Enters into force when the King decides.

§ 17. Orders Ministry may give the client orders as are necessary to ensure the fulfillment of Norway's obligations under the EEA Agreement, the WTO Agreement on Government Procurement or other international agreements to which Norway is bound. To ensure that the obligation under such an obligation is fulfilled, the Ministry may impose a client is a running fines after expiry of the deadline set for compliance with the order until the order is fulfilled. The Ministry may issue regulations concerning fines.
Enters into force when the King decides.

§ 18. Entry into force and transitional provisions This Act applies from the King decides. From the same date the Act of 16 July 1999 no. 69 on public procurement.
Ministry may issue regulations on the transitional rules.