Key Benefits:
Law of public acquisitions [ acquisition law ] |
| Date | LAW-1999-07-16-69 |
| Ministry of | The proximity and the fisheries Department |
| Last modified | LAW-2013-06-14-32 from 01.01.2014 |
| Published | Avd In 1999 No. 16 |
| Istrontrecation | 01.07.2001 |
| Changing | LAW-1992-11-27-116 |
| Announcement | |
| Card title | Antax law-offanskl. |
Law repea by law 17 June 2016 # 73 (ikr. from the time the King decides). Jf. EES deal maps 65 and attachment XVI, No. 2 (dir 2004/18), No. 4 (dir 2004/17), No. 4a (Kvedroof 93 /327/EEEF), No. 5 (dir 89/665), No. 5a (dir 92/13), No. 5b (dir 92/50) and # 6 (fd. 1182/71). Jf, also the WTO deal 15 apr 1994 about public purchases.
SECTION 1. FormalThe law and related regulations should contribute to increased value creation in society by ensuring most effective resource usage at public acquisitions based on business messents and equilibrium. The Regulations should also contribute to the public performing with great integrity, so that the public has confidence that public acquisitions happen in a community's very good way.
| 0 | Modified by law 30 June 2006 # 41 (ikr. 1 jan 2007 ifg res. 30 June 2006 # 762). |
The law applies to the state, municipal and county of the county and the public and public and public organ of the state. The law applies to court subjects that run business within the supply sectors, in the extent that this follows by international obligations and regulations granted in co-laws of the law. The law also applies to other court subjects in cases of building and construction contracts, if the public is providing supplements on more than 50 percent of the contract value.
The king can give closer regulations on what employers are reauthored by the law.
The king can give further provisions on the law of law enforcement on Svalbard and determine the shonest rules of consideration of the site of the site.
| 0 | Modified by laws 4 July 2003 # 83 (ikr. 25 July 2003 ifg res. 4 July 2003 # 879), 30 June 2006 # 41 (ikr. 1 jan 2007 ifg res. 30 June 2006 # 762). |
The law applies to acquisitions of goods, services and construction and construction worker as discussed by employers as mentioned in Section The law does not apply to acquisitions that may be exemptions after the EES agreement Article 123.
Rights hazing after the law is only enterprises established in accordance with the legislation of an EPS state and having its seat, master management or main enterprise in such a state. The same applies to enterprises granted such rights following the WTO agreement on public purchases or other international agreements that Norway is committed to following.
Part Article SECTION 5. Basic requirementsContribution shall perform in accordance with good business custom, secure high business ethical standards in the internal case management and ensure that it does not take place difference processing between providers.
An acquisition is going to as far as it is possible be based on competition.
The employer shall ensure that the referral of prevalence, transparency and post-trial bility of the acquisition process through the acquisition process.
Explaining of qualified anbyyou and allocation of contracts shall occur on the basis of objective and non-discriminatory criteria.
The employer is not going to
| a. | discriminate between suppliers on the basis of nationality, |
| b. | use standards and technical specifications as a real means of preventing competition, or |
| c. | split up a planned acquisition in the intent to avoid the provision given in or in the co-hold of this law comes to the Applicability. |
Government, municipal and county officials and public health agencies shall under the planning of the individual acquisition take into account life cycle costs, universal design and environmental consequences of the acquisition.
| 0 | Modified by laws 15 June 2001 # 80 (ikr. 1 July 2001 ifg res. 15 June 2001 No. 617), 30 June 2006 # 41 (ikr. 1 jan 2007 ifg res. 30 June 2006 # 762). |
The king can at regulation impose state, municipal and county officials and public policy agencies to bring in clauses in service and build-and construction contracts that are due to ensure profis and work terms that are not worse than what follows of the current nationwide tariff deal or what else is normal for the person's place and occupation.
The king can at regulation impose employers to bring attention that the clauses are being honored, and commit measures to the supplier by the lack of the clauses of the clauses.
The work of the SEC is supervising that regulations given with home in the first and second clause are being honored. The vision gives those cuts and hits the individual ordinance that are necessary for the completion of the regulation. Working Environment Act Section 18-5, Section 18-6 first, second, sixth, seventh and eighth joints as well as Section 18-7, 18-8 and 18-10 are given Equivalent Applicability.
The Petroleum E.C. has within its jurisdiction of its jurisdiction equivalent to the regulatory response and authority as mentioned in the second and third clause.
| 0 | Added by law 21 des 2007 # 121, modified by laws 11 May 2012 # 25 (ikr. 1 July 2012 ifg res. 11 May 2012 # 413), modified paragrafnumber from Section 11a, 14 des 2012 No. 1 82 (ikr. 1 July 2013 ifg. res. 14 des 2012 No. 1 1324), 14 June 2013 # 32 (ikr. 1 jan 2014 ifg. res. 14 June 2013 # 617). |
Search targets about the violation of this law or regulations given in the co-hold of the law, the rise of the courthouse without the settlement of the settlement.
Until the contract is reached, the court can set aside decisions that have been met during an acquisition procedure when the decision is in violation of the provisions of this law or regulations given in co-compliance with the law.
| 0 | Modified by laws 14 des 2001 # 98 (ikr. 1 jan 2002 ifg. res. 14 des 2001 # 1416), 30 June 2006 # 41 (ikr. 1 jan 2007 ifg res. 30 June 2006 # 762), 11 May 2012 # 25 (ikr. 1 July 2012 ifg res. 11 May 2012 # 413), modified paragrafnumber from Section 7. |
For the treatment of the motion for temporary foraging, if not otherwise determined in or in co-hold of this law, against violations of regulations in or in co-held by this law, it cannot be determined temporarily foraging after the contract is reached.
The king can give regulation that the employers ' access to contract suspension on the request of temporary forturation, when the petition is protested within a determined carnamation period.
The king may give regulation that employers may determine a due date for when filing for temporary forecasting against the employers ' decision to reject or reject a request to participate in the competition must be put forward.
| 0 | Modified by laws 30 June 2006 # 41 (ikr. 1 jan 2007 ifg res. 30 June 2006 # 762), 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3, 11 May 2012 # 25 (ikr. 1 July 2012 ifg res. 11 May 2012 # 413), modified paragrafnumber from Section 8. |
The court shall inform the ministry of matters as idreddit after Section 8, as well as fortresses after Section 9.
| 0 | Changed by law 29 June 2007 # 62 (ikr. 1 jan 2008 ifg res. 7 des 2007 # 1370), 11 May 2012 # 25 (ikr. 1 July 2012 ifg res. 11 May 2012 # 413), modified paragrafnumber from Section 9. |
By violation of this law or regulation given in the co-laws of the law, the plaintiff has claimed damages for the loss he has suffered as a result of the breach.
| 0 | Modified by law 11 May 2012 # 25 (ikr. 1 July 2012 ifg res. 11 May 2012 # 413), modified paragrafnumber from Section 10. |
The king can create an advisory organ for the solution of disputes about rights and duties after this law and regulations were haunting in this one.
The king can give regulation that employers who are reselected by the law here are pliable to participate in the process of the tweet organ.
The king can give regulation on the case treatment in the organ, herdunder the provisions of the party's right to visibility into the documents of the case.
Offentleglova gets the inquiry on the business that is driven by the tweet organ.
| 0 | Added by law 15 June 2001 # 80 (ikr. 1 July 2001 ifg res. 15 June 2001 No. 617), modified by laws 30 June 2006 # 41 (ikr. 1 jan 2007 ifg res. 30 June 2006 # 762), 19 May 2006 # 16 (ikr. 1 jan 2009 ifg res. 17 oct 2008 No. 1 1118), 11 May 2012 # 25 (ikr. 1 July 2012 ifg res. 11 May 2012 # 413), modified paragrafnumber from Section 7a. |
The court shall know a contract without effect when
| a) | The contract applies to acquisitions of goods, priority services and construction and construction works across the EES threshold values determined in regulation, and |
| b) | The employer has either |
| 1. | made an illegal direct acquisition, |
| 2. | awarded a contract within a framework agreement or a dynamic purchase arrangement in violation of regulation given in co-laws, or |
| 3. | -made other violations given in co-hold of the law that have affected the supplier's ability to obtain the contract, and at the same time have violated regulations on the period of carbon period or suspension, and this has stripped of the supplier the ability to commit legal steps ahead of contract ingo. |
First clause letter b # 1 does not apply to whether or not the employer has announced that it will be reached a contract and at the earliest, the contract will be ten days after the announcement. First clause letter b # 2 shall not apply to whether or not the employer has announced its decision on contract allocation to the suppliers and the earliest part of the contract after a carenperiod.
When essential consideration to the interests of the public, it is necessary to maintain the contract, the court can refrain from knowing the contract without effect. If the consequence of the contract feels 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 cannot know the contract without effect.
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 contract incomes.
| 0 | Added by law 11 May 2012 # 25 (ikr. 1 July 2012 ifg res. 11 May 2012 # 413). Jf. dir 2007/66 that changes dir 89/665 and 92/13, see the EES agreement Attachment XVI # 5 and 5a. |
The court shall debit the contract's heat or idtender employer a violation fee when
| a) | The contract applies to acquisitions of goods, priority services and construction and construction works across the EES threshold values determined in regulation, and |
| 1. | court fails to know a contract without effect after Section 13 third clause, or |
| 2. | The employer has made other violations of the rules of the period of carbon period or suspension than those that are reauthored by Section 13, or |
| b) | The contract applies to acquisitions of goods, priority services and construction and construction works under the EES threshold values stipulated in regulation, or unpriority services, and employers have 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 be idled sanctions as mentioned in the first clause when
| a) | The contract applies to acquisitions of goods, priority services and construction and construction works under the EES threshold values stipulated in regulation, or unprioritized services, and |
| b) | The employer has either |
| 1. | awarded a contract within a framework agreement or a dynamic purchase arrangement in violation of rules determined in the regulation given in co-compliance of the law, or |
| 2. | -made other violations given in co-laws that have affected the supplier's ability to obtain the contract, and at the same time have violated the provision of carenperiod, and this has stripped of the supplier the ability to commit legal steps ahead of contract ingo. |
The first clause of the letter b does not apply to whether or not the employer has announced that it will be reached a contract and the earliest part of the contract ten days after the announcement. Third clause letter b # 1 does not apply to whether or not the employer has announced its decision on contract allocation to the suppliers and the earliest part of the contract after a carenperiod.
By determining sanctions, it shall particularly be placed emphasis on the violation of the violation, the size of the acquisition, whether the employer has made repeated violations, the possibility of restoring the competition and the contraceptive impact. The court can also combine the sanctions. The effective fee cannot be set higher than 15 percent of the acquisition's value.
| 0 | Added by law 11 May 2012 # 25 (ikr. 1 July 2012 ifg res. 11 May 2012 # 413). Jf. dir 2007/66 that changes dir 89/665 and 92/13, see the EES agreement Attachment XVI # 5 and 5a. |
By lawsuits about conditions described in Section 13 and 14, duties are suing to notify the employers's co-countermeasure about the lawsuit. Varrilet is provided at the transfer of copy of the subpoena.
The court shall, regardless of the party's claims, idtender sanctions as described in 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 the contract's heat detente is binding for all and any and added reason in any relationship where the question has meaning.
Sanctions after Section 13 and 14 can only be idled when the case is raised within two years from contract has been reached.
If employers have announced the competitive result when a contract has been awarded without the announcement of the competition, sanctions may be after Section 13 first clause letter b 1 or Section 14 first clause letter b only idreddit when case is raised within 30 days from the announcement.
If the employer in a announced competition has been able to have been informed providers about the acquisition of contract, sanctions could be after Section 13 first clause letter b 2 or 3, Section 14 first clause letter a # 2 or Section 14 third clause only idreddit reaches case-up within 30 days from the message has been submitted.
| 0 | Added by law 11 May 2012 # 25 (ikr. 1 July 2012 ifg res. 11 May 2012 # 413). Jf. dir 2007/66 that changes dir 89/665 and 92/13, see the EES agreement Attachment XVI # 5 and 5a. |
The king can give regulation to padding and review of the law. The king can give employers the cuts necessary to ensure compliance with this law or regulations granted in co-compliance with the law. Across other employers than the state, municipal and county legislators and public health agencies can still only be given cuts necessary to fulfill Norway's obligations to foreign states or international organizations about public acquisitions. The king can still give regulation on the grounds of the grounds.
The king can give regulation on forced verneying for lawsuits as mentioned in Section 8 and for the motion of temporary fortresses as mentioned in Section 9.
| 0 | Modified by laws 15 June 2001 # 80 (ikr. 1 July 2001 ifg res. 15 June 2001 No. 617), 30 June 2006 # 41 (ikr. 1 jan 2007 ifg res. 30 June 2006 # 762), 11 May 2012 # 25 (ikr. 1 July 2012 ifg res. 11 May 2012 # 413), modified paragrafnumber from Section 11. |
The law takes effect from the time the King decides. 1 From the same time, the law is repeait of 27 November 1992 # 116 on public acquisitions m.v.
| 0 | Modified by law 11 May 2012 # 25 (ikr. 1 July 2012 ifg res. 11 May 2012 # 413), modified paragrafnumber from Section 12. |
| 1 | From 1 July 2001 ifg. res. 15 June 2001 No. 617. |
