The Regulation On Concession Contracts (Concession Contract Regulations)

Original Language Title: Forskrift om konsesjonskontrakter (konsesjonskontraktforskriften)

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The regulation on concession contracts (concession contract regulations) date FOR-2016-08-12-976 Ministry industry and Fisheries Ministry Published in 2016 booklet 11 entry into force DEP. determines the last modified the Change applies to Norway Pursuant law-2016-06-17-73-section 2, law-2016-06-17-73-Section 7a, law-2016-06-17-73-§ 9, law-2016-06-17-73-section 16 Announced at 18.08.2016. 11:00 short title concession contract regulations Chapter overview: part I. General provisions (§ § 1-1-7-5) part II. Procurement of the EEA terskelverdien (§ § 8-1-13-3) part III. Procurement of special services and health and social services (§ § 14-1-14-7) part IV. Final provisions (sections 15-1-15-2) Appendix 1. Building and construction activities Appendix 2. Special services Appendix 3. Health and social services Appendix 4. International treaties set out the legal authority of the food: and Fisheries Ministry 12. August 2016 under the legal authority of the Act 17. June 2016 Nr. 73 about public procurement (procurement law) § 2, Section 7a, section 9 and section 16.
EEA EEA referrals: Appendix XVI No. 5 (Directive 23/2014/EU).

Part I General provisions Chapter 1.. Scope section 1-1. The procurement that is covered by the regulations (1) these regulations apply when clients as mentioned in § 1-3 are included the concession contracts for services or construction works.

(2) For clients as mentioned in § 1-3 the first paragraph letter e and f apply Regulation only when they enter into concession contracts related to the conduct of supply activities.
Enters into force when the Ministry decides.

§ 1-2. The concession contract (1) a concession contract is a service contract or a construction contract in which the consideration consists either solely by the right to exploit the services or construction works, or such a right along with the payment, and where the operating risk is transferred from the customer to the vendor.

(2) the operating risks associated with the services or construction works can either apply demand-or the risk of delivery, or both. Operating risk is considered transferred when the vendor under normal operating conditions is not guaranteed to earn their investments or get covered costs incurred in the operation. The risk that is transferred to the vendor, should involve a real exposure to the fluctuations in the market, so that the estimated potential loss for the vendor shall not be negligible.
Enters into force when the Ministry decides.

§ 1-3. Who applies to the Regulation (1) these regulations apply to the following principals: a) State authorities b) County and municipal authorities c) public law bodies d) associations with one or more principals as mentioned in the letter a to c e) public undertakings as defined in the supply regulation section 1-2 third paragraph f) other businesses as a performer the supply activity on the basis of an exclusive right or special right as defined in the supply regulation section 1-2, fourth paragraph.

(2) a public judicial organ is an organ as a) is created to serve the public's needs and not of an industrial or commercial character, b) is an independent legal entity and c) have connections to the public by that 1.
the body is mainly funded by the public authorities or other public law bodies, 2.
organets management is subject to such authority or managerial control organers or 3.
the body has an administration, management or control body where over half of the members are appointed by such authorities or bodies.

Enters into force when the Ministry decides.

Chapter 2. Exceptions to section 2-1. Except for concession contracts for air transport or public passenger transport Acquisition law and regulations do not apply to concession contracts as the customer are included on the basis of a license after the regulation on air transport services in the EEA, or which are covered by regulation 17. December 2010 No. 1673 of public passenger transport.
Enters into force when the Ministry decides.

section 2-2. Except for concession contracts that are covered by international rules (1) the procurement law and the regulation does not apply to concession contracts as the client a) is obligated to enter into after acquisition policies 1.
in an international agreement with the public authorities outside the European economic area, and that includes benefits that are intended for a private project that the Contracting Parties implementing or exploits, 2.
in an international agreement relating to the stationing of troops, or 3.
established by an international organization, or b) choose to enter into after the acquisition rules that are established by an international organization or funding institution, provided that the organization or the institution fully finances the acquisition. If such an organization or institution to finance the main part of the acquisition, the Parties shall deal what rules that should apply.

(2) the customer shall notify the Ministry about international agreements as mentioned in the first paragraph, LITRA a no. 1. (3) the first paragraph does not apply to concession contracts in the defense and security area as defined in the regulations on defence and security procurement section 1-3 the first paragraph. The acquisition law and regulations do not apply to such concession contracts if they are covered by the procurement rules a) in an international agreement between one or more EEA States and one or more States which are not party to the EEA Agreement, b), in an international agreement relating to the stationing of troops, or c) that are set by an international organization, and that the client is obliged to follow , or concession contracts as the Organization itself can be used.

Enters into force when the Ministry decides.

§ 2-3. Exception for service concession contracts entered into on the basis of a law and the Rights Acquisition Regulation does not apply to service concession contracts which the client enters into with a) a principal as mentioned in § 1-3 first paragraph, LITRA a to d which has a exclusive rights to perform the service, or b) vendors that have an exclusive right to perform the service. This applies only when the exclusive right is granted in accordance with the EEA rules on access to exercise supply activities. If the rules do not stipulate the requirements for transparency, the customer shall announce the concluding the contract under section 9-4.

Enters into force when the Ministry decides.

§ 2-4. Exception for certain service concession contracts Acquisition law and regulations do not apply to concession contracts to) or rent land acquisition of, existing buildings or other real estate, or of rights to such property b) acquisition, development, production or co-production of programme material intended for broadcasting or audiovisual purchase services, and as a broadcaster or service provider are included, or concession contracts on send times or program offers that the client enters into with a broadcaster or service provider c) arbitration and arbitration services d) the following legal services : 1. representation by a lawyer in civil cases for the national or international courts, committees, public authorities or institutions or by national or international arbitration or mediation 2.
legal advice by counsel to the preparation of a case as mentioned in Nr. 1 or where it is clear that the probability of the weight issues consulting applies, will be the subject of such a case 3.
notarial business 4.
services that are performed by a wealth manager, guardian or other person who is appointed by a court or Tribunal or by law to carry out specific tasks under supervision from a court or Tribunal e) the following financial services: 1. loan 2.
services in connection with the private placement, sales, purchases, or other transfer of securities or other financial instruments 3.
Central Bank Services 4.
projects that the client performs together with the European Financial Stability Facility or the European Stability Mechanism f) civil defence, emergency services, or the client prevention are included with non-profits, and are in the scope of the CPV-codes 75250000 (fire brigade and emergency services), 75251000 (services performed by the Fire Department), 75251100 (fire fighting), 75251110 (fire prevention), 75251120 (the Suppression of forest fires), 75252000 (emergency services), 75222000 (civil defence services), 98113100 (nuclear security services) or 85143000 (ambulance services) with the exception of patient transport by ambulance g) lottery services that are covered by the CPV code 92351100 (operation of the lottery) , and that the client enters into with a provider that has an exclusive right that is announced in the European Union's official journal h) services that involve the exercise of public authority that is except the EEA agreement after article 39, cf. Article 32.

Enters into force when the Ministry decides.

section 2-5. Except for concession contracts for research and development services (1) Acquisition Act and the regulations do not apply to concession contracts for research and development services.

(2) Acquisition Act and the regulation applies nevertheless for the concession contracts that are covered by the CPV-codes 73000000 (research and development activities and associated consulting services), 73100000 (research and experimental development), 73110000 (research), 73111000 (research laboratory services), 73112000 (marine research), 73120000 (experimental development), 73300000 (the planning work and execution of research and development), 73420000 (early gjennomførlighetsundersøkelse and technological demonstration) or 73430000 (test and evaluation), when a) proceeds fully accrue to the customer for use in their business , and b) the customer fully pay for the service.

Enters into force when the Ministry decides.


§ 2-6. Except for concession contracts related to the exercise of activities in third countries the acquisition Act and the regulations do not apply to concession contracts related to the conduct of supply activities in a State that is not party to the EEA Agreement. This applies only when the activity does not involve physical use of a network or a geographical area in a State that is party to the EEA Agreement.
Enters into force when the Ministry decides.

section 2-7. Except for concession contracts that apply to safety conditions the client may exempt the concession contracts from procurement law and regulations if this is necessary to protect the essential security interests. Procurement law and the regulation applies if the client still can attend to these interests by less intrusive measures, such as by imposing the vendors confidentiality.
Enters into force when the Ministry decides.

section 2-8. Except for concession contracts in the defense and security area Acquisition law and regulations do not apply to concession contracts in the defense and security area as defined in the regulations on defence and security procurement section 1-3 the first paragraph a) that the client can exempt under the EEA agreement article 123, b) that are declared secret or can only be carried out under special security measures in accordance with the law, regulation or administrative decision, and the relevant substantive interests cannot be secured through less intrusive measures , c) that the customer are included as part of a collaborative project as mentioned in the regulations on defence and security procurement section 1-3 other paragraph, LITRA c, d) as a State are included with another State or e) that apply to the purchases to the troops who are stationed outside the European economic area, and that it is necessary for the client to enter into with local suppliers because of operational needs.

Enters into force when the Ministry decides.

section 2-9. Except for concession contracts of the electronic communications law and the terms of Acquisition Regulations not for concession contracts that mainly have to purpose to put the client able to provide or operate a public electronic communications network or provide one or more public electronic communications services.
Enters into force when the Ministry decides.

section 2-10. Except for concession contracts related to drinking water activities (1) the procurement law and the regulation does not apply to concession contracts that give access to exercise activities as mentioned in the supply regulation section 1-5 first and second paragraph.

(2) these regulations do not apply to concession contracts that are related to the exercise of the funders activities as mentioned in the supply regulation section 1-5 first and second paragraph.
Enters into force when the Ministry decides.

section 2-11. Exception for certain concession contracts which are awarded by the principals that provide postal services Acquisition law and regulations do not apply when a client that provides postal services as defined in the supply regulation section 1-8 the second paragraph letter a, concession contracts related to the conduct of the following activities: a) the additional services that have connection with and exclusively carried out with electronic tools, including secure electronic transmission of coded documents, address management services and transmission of registered electronic mail b) financial services that are covered by the CPV-codes 66100000 (marshaling services in connection with banking and investment) to the 66720000 (reforsikring of accident and sickness insurance) or section 2-4 letter e Nr. 2 and 4, including money orders and postgirooverføringer c) filatelitjenester d) logistics services combining physical delivery or storage with features that do not include postal services.

Enters into force when the Ministry decides.

section 2-12. Exemption for liberalized sectors Acquisition law and regulations do not apply to concession contracts related to the exercise of a supply activity if the EFTA Surveillance Authority have made the decision to exempt activity, jf. the supply regulation section 2-9.
Enters into force when the Ministry decides.

Chapter 3. Cooperation in public sector section 3-1. Extended egenregi (1) Acquisition Act and the regulation does not apply to extended egenregi, that is, when a client as mentioned in § 1-3 first paragraph, LITRA a to d are included the concession contracts with another entity a) as the principal performer a control over who responds to the control he exerts over their own business, b) that performs more than 80 percent of its activity for the client or other legal entities which the client checks the , and c) that there is no direct private interests in.

(2) the requirement of control in the first paragraph, LITRA a is met when the principal performer controlling interest over both strategic objectives and key decisions in the controlled legal person. Such control can also be exercised through other legal entities that the customer checks the same way.

(3) When the terms of the first paragraph are met, the procurement law and regulations nor when it controlled legal person enters into concession contracts with a) the controlling legal person, or b) other legal entities as the controlling legal person controls.

This applies only when there is no direct private interests in legal subjects as specified in letter a and b. comes into force when the Ministry decides.

section 3-2. Common control (1) even if a client as mentioned in § 1-3 first paragraph, LITRA a to d do not alone meet the criteria in section 3-1 the first paragraph, the procurement law and regulations nor when he enters into the concession contracts with another entity a) as the client and other clients in the community exercises a control over who responds to the control they wield over their own business , b) that performs more than 80 percent of its activity for the controlling outsourcers or other legal entities that outsourcers checks and c) that there is no direct private interests in.

(2) the requirement of common control in the first paragraph, LITRA a is met when a) it controlled the law the subject's governing bodies are composed of representatives of all the controlling outsourcers. A delegate can represent several or all outsourcers;

b) the controlling the community practitioner controlling interest over both strategic objectives and key decisions in the controlled legal person; and c) the controlled legal person not pursuing interests that are in conflict with the controlling contract dealers ' interests.

Enters into force when the Ministry decides.

section 3-3. Cooperation agreements Procurement Law and the regulation does not apply to concession contracts entered into exclusively between two or more clients as mentioned in § 1-3 first paragraph, LITRA a to d, and that establish or enforce a partnership a) that has the purpose to ensure that public tasks are carried out in order to achieve a common goal, b) that are carried out solely for the sake of public interests , and c) where less than 20 percent of the tasks that the cooperation includes, is carried out for other than outsourcers.

Enters into force when the Ministry decides.

section 3-4. Calculation of activity (1) the calculation of the percentage of the activity under section 3-1 the first paragraph, LITRA b, section 3-2 the first paragraph, LITRA b and § 3-3 letter c to be based on either an average turnover or other suitable activity-based method, for example, costs that are incurred in relation to the goods, services or construction works.

(2) the calculation should be based on your business's activities over the last three years before the concession contract is entered into. This does not apply if there are no relevant sales figures or other details for that period because business was founded or activities were initiated or changed in the period. It is sufficient to show that the calculation of future task is credible, particularly by using the expected business development.
Enters into force when the Ministry decides.

§ 3-5. Contracts with companies in the same group (1) Acquisition Act and the regulations do not apply to concession contracts a) as a principal who wield the supply activities, are included with a company in the same group, or b) as a common undertaking that is composed entirely of such principals to exercise supply activities, are included with a company in the same group as one of these outsourcers.

(2) an undertaking in the same group is a company a) that has years of financial statements which are consolidated with the order placer's annual financial statements in accordance with accounting Act, b) as the client directly or indirectly can exercise decisive influence over, c) that can exercise decisive influence over the client, or d) that together with the customer is under the decisive influence from another undertaking by virtue of ownership, other financial participation or the rules for business.

The concept of decisive influence has the same meaning as in the supply regulation section 1-2, third paragraph.

(3) the first paragraph is only applicable when at least 80 percent of the company's average sales of either services or construction works from, respectively, service or construction contracts that are carried out for the client or other companies in the group.

(4) the calculation should be based on your business's activities over the last three years before the concession contract is entered into. This does not apply if there are no relevant sales figures for that period because business was founded or activities were initiated in the period. It is sufficient to show that the calculation of future activity is likely, especially with the help of the expected business development.


(5) If several undertakings in the same group delivers the same or similar services or construction works, to the calculation will be based on the total turnover of services, respectively, or building and construction work in the enterprises in the group.
Enters into force when the Ministry decides.

§ 3-6. Contracts that are awarded by or to a private enterprise (1) Acquisition Act and the regulations do not apply to concession contracts a) as a private undertaking which carries on the supply activity, are included with one or more of the outsourcers as a common entity is made up of, or b) that the client enters into with a private company that carries the supply activity, and that he is part of.

(2) the first paragraph applies only to private enterprises that are established to exercise the supply activity for at least three years, and where outsourcers have entered in the foundation document that they will be a part of the joint undertaking for a minimum of the same period.
Enters into force when the Ministry decides.

Chapter 4. Definitions section 4-1. Contract types in the regulation meant by a) contract: mutual bebyrdende agreement that one or more principals are included in writing with one or more suppliers;

b) service contract: contract for performance of the services, except for contracts as mentioned in letter c;

c) construction contract: contract of 1.
the execution, or both the execution and planning of construction works in connection with activities as specified in annex 1, 2.
the execution, or both the execution and planning of a construction work, or 3.
the execution of any way of a construction work that meets the requirements that are set by a principal who has decisive influence on the nature of or planning;

d) building and construction work: the result of a set of construction activities as in its entirety is sufficient to fulfil an economic or technical function;

e) special services: services as specified in Schedule 2;

f) health and social services: services that are specified in annex 3.

Enters into force when the Ministry decides.

§ 4-2. Documents of the regulations meant by a) competition basis: all documents, except for the announcement, which the customer design or reference to describe or identify the items in the acquisition or the competition, including documents that describes what is to be acquired, contract terms and how the client will be conducting the competition, skills basis and any supplementary documents and additional information b) procurement documents: generic term for the announcement and competitive basis.

Enters into force when the Ministry decides.

section 4-3. Other definitions in the regulations is meant by a CPV code): a reference number that refers to the European Commission's common classification for public procurement b) CPC code: a reference number that refers to the United Nations central product nomenclature c) Doffin: the Norwegian official database for announcements d) TED database: the European official database for announcements e) supply activities: activities as defined in the supply regulation section 1-3, § 1-4 and section 1-6 to section 1-9 f) affected vendors : the vendors that have submitted a request to participate in the competition and have not received a notice of the request is rejected or discarded, and all the vendors who have given offer g) waiting period: the time between the notice of the selection of the vendor and the time of the client at the earliest can enter into the contract h) innovation: the introduction of a new or significantly improved product, service or process , including production, construction or construction processes, a new marketing method or a new organisational method in business practices, workplace organisation or external relations.

Enters into force when the Ministry decides.

Chapter 5. Scope for the various sections of the regulations and section 5-threshold values 1. Scope and EEA-terskelverdier (1) part I applies to all concession contracts that are covered by the regulation.

(2) part II applies to the concession contracts with an estimated value equal to or exceeding the European economic terskelverdien at 44 million excluding. VAT, except for concession contracts for special services and the concession contracts for health and social services.

(3) part III applies to the concession contracts of special services and health and social services with an estimated value equal to or exceeding the European economic terskelverdien at 44 million excluding. sales tax.
Enters into force when the Ministry decides.

section 5-2. Calculation of the anskaffelsens estimated value (1) the customer to calculate the concession contract's value on the basis of the provider's expected overall revenue in the concession contract excluding. sales tax. The value includes the consideration for the services, and building and construction work, and for goods to be delivered in connection with the performance of the concession contract.

(2) calculation should be prudent at the time of the announcement of the competition. For acquisitions that do not require the announcement, should the calculation be prudent at the time the client initiates the procurement process. If the anskaffelsens value at the time of the award of the concession contract is more than 20 percent higher than the estimated value by the announcement, should the value on grant date is added to reason.

(3) the method for the calculation of the concession contract's value should be described in the procurement documents. By calculation should, where this is relevant, in particular, include: a) the value of any form of option b) income from payment, fees, and fines from the users of the services or building and construction work, out of those who collect on behalf of the client c) payment, grants and other financial benefits in any form from the principal, other public authorities or third parties for the performance of the services or construction works d) revenue from the sale of assets that are part of the services or building and construction work e) value of all goods and services that the client sets to the provider's disposal, and that are required to perform the work f) payment or prize to suppliers (4) the customer shall not select the method of calculation or split a concession contract with the purpose to except the contract from regulation.

(5) if the customer is planning to enter into a concession contract by separate part contracts, the total value of all of the contracts are added to reason. If the total value of the contracts is equal to or exceeds the threshold value in section 5-1, to this threshold value is added to reason by the decision of which part of the regulation that apply to each single part contract.
Enters into force when the Ministry decides.

Chapter 6. Mixed procurement section 6-1. Mixed acquisitions of benefits as all are covered by the Regulation (1) concession contracts on both services and construction works shall be entered into by the rules that apply to the performance that make up the main item.

(2) in a mixed concession contract about the different types of services (special services, health and social services, and other services) make up the performance that have the highest value, the main item.

(3) it is the total estimated contract value of the mixed the concession contract to be added to reason by the calculation of the concession contract value to determine which part of the regulation that apply.
Enters into force when the Ministry decides.

§ 6-2. Mixed acquisitions that are only partially covered by the regulations and in part are exempt acquisition regulations (1) A principal to obtain benefits that can be distinguished from each other in an objective manner, and that in part is covered by the regulations and in part are exempt acquisition regulations, may choose to enter into a) separate contracts under the rules that apply to the individual contract, or b) a mixed contract after regulation.

(2) a principal to obtain benefits that can not be separated from each other in an objective manner, and that in part is covered by the regulations and in part are exempt from acquisition regulations, to enter into a mixed contract for the rules that apply for the performance that make up the main item. If such a contract contains items of both the service concession and care delivery, make up the performance that have the highest value, the main item.

(3) If a mixed contract as mentioned in the first or second paragraph is partly covered by article 123 of the EEA Agreement, applicable in the place section 6-5.
Enters into force when the Ministry decides.

section 6-3. Mixed acquisitions that partially covered by the regulations and in part of the acquisition regulation or regulation of supply (1) A principal to obtain benefits that can be distinguished from each other in an objective manner, and that in part involves a concession and partly covered by the procurement regulations, may choose to enter into a) separate contracts under the rules that apply to the individual contract, or b) a mixed contract according to the rules in the procurement regulations. If the performance are in the scope of the regulations exceeds the EEA terskelverdiene in section 5-1, does the regulation when the performance are in the scope of the acquisition regulation does not exceed terskelverdiene of the EEA in the acquisition regulations section 5-3.

(2) a principal to obtain benefits that can be distinguished from each other in an objective manner, and that in part involves a concession and partly covered by the supply regulation, may choose to enter into a) separate contracts under the rules for the individual contract, or b)

a mixed contract under the rules of supply regulation. If the performance are in the scope of the regulations exceeds the EEA terskelverdiene in section 5-1, does the regulation when the performance are in the scope of supply regulation, does not exceed the European economic terskelverdiene in the supply regulations section 5-2.

(3) a principal to obtain benefits that can not be separated from each other in an objective way, but that is partly covered by the regulations and partly covered by the procurement regulations or supply regulation, shall enter into a mixed contract for the rules that apply for the performance that make up the main item. If such a contract contains items of both the service concession and care delivery, make up the performance that have the highest value, the main item.

(4) If a mixed contract as mentioned in the first, other or third paragraph contains the defence or security elements, rather than section 6-5.
Enters into force when the Ministry decides.

section 6-4. Mixed contracts that include the supply activities and other activities (1) A principal to obtain the benefits associated with exercise multiple tasks, can choose to enter into: a) separate contracts under the rules that apply to the individual task, or b) a mixed contract according to the rules applicable to the activity that the acquisition is essentially intended for. This assumes that the choice to enter into a mixed contract not to be taken with a view to exempting the contract from regulation, procurement regulations or supply regulation.

(2) if it is objectively impossible to determine what activity that the acquisition is essentially intended for, and the concession contract is partly related to the conduct of supply activities and partly related to other activities that are covered by these regulations, shall apply the rules of the regulations that apply to the exercise of the other tasks.

(3) if it is objectively impossible to determine what activity that the acquisition is essentially intended for, and the one activity is covered by the regulations and the other task is covered by the procurement regulations, the contract shall be entered into by the rules in the procurement regulations. The regulation applies yet when the performance are in the scope of the regulations exceeds the EEA terskelverdien in section 5-1, while the performance that is covered by the procurement regulations, does not exceed the European economic terskelverdiene in the forskriftens section 5-3.

(4) if it is objectively impossible to determine what activity that the acquisition is essentially intended for, and the one activity is covered by the regulations and the other task, neither is covered by the regulation, the acquisition or regulation, regulation of supply to the contract entered into by the rules in these regulations.

(5) If a mixed contract as mentioned in the first paragraph contains the defence or security elements, rather than section 6-5.
Enters into force when the Ministry decides.

section 6-5. Mixed acquisitions that partially covered by the regulations and in part contains defence or security elements (1) A principal to obtain the benefits associated with the exercise of the same activity that can be distinguished from each other in an objective manner and that in part is covered by the regulations and in part contains defence or security elements, can choose to enter into a) separate contracts under the rules that apply to the individual contract , or b) a mixed contract.

(2) a principal to obtain the benefits associated with the conduct of multiple tasks where one activity is covered by the regulations and the other task related to the defence and security elements, can enter into a mixed contract.

(3) the choice whether or not to separate the benefits from each other in a mixed contract after the first or second paragraph should be objectively justified and not to be taken with a view to exempting the contract from regulation or regulations on defence and security procurement.

(4) Acquisition Act and the regulation does not apply to mixed contracts as mentioned in the first paragraph, mixed contracts about such benefits that can not be separated from each other in an objective way and mixed contracts after the second paragraph, and that in part is covered by article 123 of the EEA Agreement.

(5) the customer can choose whether the rules of the regulation or regulations on defence and security procurement to apply to mixed contracts as mentioned in the first paragraph, mixed contracts about such benefits that can not be separated from each other in an objective way and mixed contracts after the second paragraph, and that in part are covered by regulations on defence and security procurement. This does not apply when the second paragraph applies.
Enters into force when the Ministry decides.

Chapter 7. Common provisions section 7-1. Documentation duty (1) the customer shall keep the documentation that is sufficient to justify the major decisions in the procurement process.

(2) the customer shall keep the contract throughout the contract period.
Enters into force when the Ministry decides.

section 7-2. Confidentiality (1) by the implementation of a procurement that is covered by the regulations, the rules on confidentiality in administrative law. For clients that are not covered by the administrative law, the administrative law section 13 accordingly.

(2) the client can set requirements for providers to protect information of confidential nature which is made available to them in connection with an acquisition.
Enters into force when the Ministry decides.

section 7-3. Impartiality (1) by the implementation of a procurement that is covered by the regulation, applies the rules on impartiality in administrative law section 6 to section 10 and the Municipality Act 40 no. 3. For employers that are not covered by the administrative law, the administrative law section 6 to section 10 accordingly.

(2) the customer shall take appropriate measures to prevent, identify and remedy cases of incapacity.
Enters into force when the Ministry decides.

section 7-4. Deadline calculation to calculate all the deadlines in accordance with the regulations on the deadlines of the EEA Agreement.
Enters into force when the Ministry decides.

§ 7-5. Language requirements the client can design all the documents on the Norwegian, and may require that the provider design offers and other documents on the Norwegian.
Enters into force when the Ministry decides.

Part II. Procurement of the EEA terskelverdien Chapter 8. The planning and execution of the contest section 8-1. General procedure rules (1) the customer shall determine the rules for how the contest will be carried out, including a suggested schedule, in the procurement documents.

(2) the customer shall carry out the competition in a way that implies that the vendors are treated equally and are given the opportunity to become familiar with the relationship the client will emphasize in the selection of suppliers to participate in the contest and by the choice of offers.

(3) the customer can fix a limit on the number of suppliers that will be selected to provide offers. The customer determines the objective and non-discriminatory criteria or rules for the selection. The customer to choose out a number of vendors that are sufficient to ensure real competition.

(4) the customer can negotiate with suppliers on all aspects of the deals. It is not allowed to make changes that require the acquisition becomes essential different from the description in the procurement documents.
Enters into force when the Ministry decides.

section 8-2. Competitive basis (1) the customer shall prepare a competitive basis, unless the announcement contains the information specified in the second paragraph.

(2) competitive should contain the following information unless they are already adequately described in the announcement: a) what should be acquired b) which contract terms that apply for the mission c) will be conducting the client how the competition d) which requirements that apply to the content and the design of a request to participate in the contest s) other information which is of importance for the preparation of a request to participate in the contest.

(3) the customer has the risk of irregularities in the competition basis.

(4) the customer shall provide free, direct and unlimited online access to competitive from the day the contest is announced in the TED database. The announcement will contain the URL where competition basis is available.

(5) if the customer can not provide free, direct and unlimited online access to parts of the competition the basis of reasons as specified in § 10-4, he shall specify in the announcement how vendors can get access to the documents. The customer shall in that case extend the offer deadline.

(6) if the customer can not provide free, direct and unlimited online access to parts of the competition the basis because it contains information of confidential character. section 7-2 second paragraph, he shall specify in the advertisement what measures are necessary to ensure opplysningenes familiarity, and how vendors can get access to the documents. The customer shall in that case extend the offer deadline.

(7) on request from a supplier should the customer give supplementary information on competitive basis no later than six days before the bidding expired, provided that the supplier has requested them in sufficient time in advance. Information provided on request from a supplier, to be sent to all suppliers that are participating in the competition.

(8) the customer shall submit any changes to the competition the basis to all suppliers that are participating in the competition. If such changes also involves changes to the information contained in the announcement, the client shall announce the changes in accordance with § 9-1.
Enters into force when the Ministry decides.

section 8-3. Requirements specifications

(1) requirements to set the specifications requirements to the characteristics of the services or construction works concession contract applies, in the form of technical or functional requirements.

(2) the requirements to have ties to the shipment and stand in relation to anskaffelsens purpose and value. They can show to all sides of the step in the life cycle and to the services or construction works.

(3) the requirements may not refer to specific manufacturers, processes, trademarks, patents or types or a specific origin or production which leads to that certain suppliers or products favoriseres or ruled out. Such a reference is nevertheless permitted if a) it is necessary from the anskaffelsens purpose, or b) it is not possible for the customer to describe the acquisition of sufficient accurate and understandable in a different way. The referral should be followed by the expression "or equivalent".

(4) the principal may not reject an offer on grounds that the offered services or construction works do not meet the requirement, if the vendor on a suitable way detects in the offer that the suggested solutions meet the requirements.
Enters into force when the Ministry decides.

section 8-4. Eligibility requirements and documentation (1) the customer can make demands to the provider's qualifications, including the requirements of economic and financial capacity and the technical and professional qualifications.

(2) the requirements to have affiliation with and stand in relation to the shipment and be relevant to ensure that the vendor has the qualifications to perform the concession contract.

(3) the customer shall specify eligibility requirements together with the corresponding documentation requirements of the announcement. The customer may accept declarations as documentation.
Enters into force when the Ministry decides.

section 8-5. Requirements to the provider's Organization (1) the customer may not reject a supplier on grounds that the vendor must either be a physical or legal person after the Norwegian legislation, if the vendor has the right to deliver benefits for the legislation in the State he is established.

(2) the client may require that a vendor who is a legal person, enter the names and professional qualifications of the persons who will be responsible for performing the concession contract. The information to be given in the request to participate in the competition or in the offer.
Enters into force when the Ministry decides.

section 8-6. The concession contracts be reserved for businesses with disabled or disadvantaged people the client can limit the competition to businesses or programs whose primary purpose is to integrate the disabled or disadvantaged people in the workplace. This applies only when at least 30 percent of the employees in your business or program has a disability or is disadvantaged. If the customer use this opportunity, he should specify this in the announcement.
Enters into force when the Ministry decides.

section 8-7. Support from other businesses (1) a vendor can for a particular concession contract support on the capacity of other businesses to meet the requirements of economic and financial capacity and the technical and professional qualifications. This applies regardless of the legal connection between them.

(2) If a provider supports itself on the capacity of other businesses, he should prove that he ruled over the necessary resources through the entire concession contract, for example, to provide a commitment statement from these businesses.

(3) the customer shall check whether the businesses that the vendor supports itself on, meets the relevant eligibility requirements, and that it is by the way not exist reasons for rejection. The client will reject the vendor if such a business does not meet the relevant eligibility requirements or are in a situation as mentioned in section 11-2 the first paragraph, LITRA b or c. principals as mentioned in § 1-3 first paragraph, LITRA a to d should also reject a vendor if such a business is in a situation as mentioned in section 11-2 fourth paragraph. The client may reject the vendor if such a business is in a situation as mentioned in section 11-2 second or third paragraph.

(4) If a provider supports itself on the capacity of other businesses to meet the requirements of economic and financial capacity, the customer can require that they are jointly and severally liable for the performance of the concession contract.

(5) Suppliers who participate in the community, cf. section 8-8, can support on the capacity of participants in the community as well as other businesses.
Enters into force when the Ministry decides.

section 8-8. Requirements to vendors who participate in the Community (1) multiple vendors can participate in the competition in the community. The customer can only require that such community establishes a specific enterprise form after the contract is entered into and just as far as it is necessary to ensure a satisfactory execution of the concession contract.

(2) the customer can set their own contract terms for the community if they are objectively justified and proportionate.

(3) the customer can refine how the requirements of the economic and financial capacity and the technical and professional qualifications will be used on the community. The refinement should be objectively justified and proportionate.
Enters into force when the Ministry decides.

section 8-9. The allocation criteria (1) the customer to choose the offer on the basis of objective criteria to be set assignment as in order of priority in the procurement documents.

(2) the allocation criteria shall have relation to the shipment. For example, such criteria may be price, quality, the environment, social concerns and innovation. The allocation criteria shall not be so skjønnspregede that they give the customer an unlimited freedom of choice.

(3) the customer shall specify requirements to the documentation for every allocation criterion.
Enters into force when the Ministry decides.

section 8-10. The choice of offer upon receipt of an innovative solution (1) if the customer receives an offer that contains an innovative solution with an exceptionally good functional performance as a due care the client could not have foreseen, he can change the priority order of the allocation criteria to take into account the innovative solution.

(2) if the customer changes the priority order, he shall inform all suppliers that have given the offer, and send them an invitation to give the new offer by a deadline in accordance with section 8-14 third paragraph. The customer shall announce the competition again in accordance with the minimum time limit in section 8-14 the second paragraph if he has published the allocation criteria at the same time with the announcement of the competition. The change should not cause the providers treated differently.
Enters into force when the Ministry decides.

section 8-11. Contract terms (1) the customer can fix contract terms, for example, about the economy, innovation, environment, employment and social considerations. Contract terms shall have relation to the delivery and be disclosed in acquisition documents. Where there are negotiated and balanced contract standards, as a general rule, use these.

(2) the customer can fix the change, such as clauses a price index clauses or options. Change the clauses should be specified in procurement documents, and it should be stated clearly what changes the customer can make, the extent to which and on what terms. Change the clauses could not open for that character is anskaffelsens parent changed.
Enters into force when the Ministry decides.

section 8-12. Contract length (1) should fix the length of contract on the basis of service or construction the nature of, scope, and complexity.

(2) if the customer establishes a contract length of more than five years, the length must not exceed the time considered necessary for that vendors will have the opportunity to earn in their investments and achieve a reasonable rate of return. By the calculation of the length of the contract the client shall take into account the establishment and operational costs and other investments related to the fulfillment of the contract.

(3) the customer can not enter into concession contracts tidsubegrensede.
Enters into force when the Ministry decides.

section 8-13. The use of subcontractors (1) the customer may require that the provider specifies in the offer which parts of the concession contract he plans that subcontractors to perform and which contractors he plans to use. The use of contractors does not have significance for the vendor's contractual liability to the customer.

(2) the principal may, before the contract start up, fix in the contract that the vendor should provide contact information to and information about who has signature dish for subcontractors. The customer can also make demands about to be informed of changes to such information in the contract period, including information about new subcontractors.

(3) by procurement of the services to be delivered in locations under the order placer's direct supervision, and building and construction work, should the customer require such information as mentioned in the second paragraph for subcontractors who have contracted directly with the vendor, and to participate in the performance of the services or construction works.
Enters into force when the Ministry decides.

section 8-14. Deadlines for the receipt of requests to participate in the contest and promotions (1) in determining the time limits for the receipt of requests to participate in the competition and offer the client shall take into account the concession contract's complexity and the time it takes for the vendors to work out requests and offers.


(2) the time limit for receipt of requests to participate in the contest and offers should be at least 25 days calculated from the day the General announcement is sent to the TED database. If the customer does not require that the offers will be delivered electronically, to the quote deadline be at least 30 days.

(3) in the contests where only suppliers that will be invited by the customer, can provide quotations, to the time limit for the receipt of the first offer be at least 22 days calculated from the day the customer sends the invitation to bid.

(4) the customer shall set a deadline that is proportionately longer than the minimum time limits in the second and third paragraph, if the requests to participate in the contest or the offers can only be worked out after an inspection or review of the acquisition of the documents on the site.
Enters into force when the Ministry decides.

section 8-15. The offer (1) the offer shall be in writing and binding.

(2) the provider has the risk of ambiguities in the offer.
Enters into force when the Ministry decides.

Chapter 9. Announcement section 9-1. Procedure by announcements (1) the customer shall publish all the announcements in the Doffin in accordance with the forms laid down by the Ministry. Doffin forward announcements to the TED database.

(2) the customer shall prepare on one Norwegian and the announcements of the official EU languages. The customer can use the translation service to the Doffin. It's just the announcement of the EU-the language is authentic.

(3) an announcement which is not in accordance with Chapter 9, section 8-14 or the announcements forms, rejected by the Doffin.

(4) the customer shall be able to document when the announcement sent TED database.

(5) the announcement or the information in it should not be published in the Doffin or otherwise be made known before the day it is published in the TED database, unless the TED database is not published within 48 hours after the customer has received confirmation of the receipt of the announcement.
Enters into force when the Ministry decides.

section 9-2. Announcement of competition (1) the customer to enter into a concession contract, shall announce the competition.

(2) the obligation to announce the contest does not apply if a) the concession contract is for a performance that only a particular vendor can deliver because 1.
the purpose is to create or acquire a unique artistic works or a unique artistic performance, 2.
competition is impossible for technical reasons or 3.
the vendor has an exclusive right, including intellectual property rights.

No. 2 and 3 only apply when the absence of reasonable alternatives and the lack of competition is not due to the fact that the customer has customized the acquisition documents to a specific vendor; or b) client in a prior competition did not receive requests to participate in the contest or promotions. The same applies if the customer only received requests or offers that would or could be rejected under section 11-2, or only received offers that clearly did not meet customer needs or requirements as a result of significant deviation from the acquisition documents. The customer cannot make significant changes in the requirements for the performance or the contract terms and conditions.

Enters into force when the Ministry decides.

section 9-3. Letter of intent If the client announcement believes that he has the legal authority to enter into a concession contract without having to announce the contest in accordance with § 9-2, he can after that the choice of supplier is decided, announce that the concession contract will be entered into by publishing a letter of intent announcement.
Enters into force when the Ministry decides.

section 9-4. Announcement of signing the contract When the client has entered into a concession contract, he shall announce the agreement as soon as possible and no later than 30 days after the concession contract was signed.
Enters into force when the Ministry decides.

Chapter 10. Communication section 10-1. Requirements on the use of electronic communications (1) All communication and information exchange between the client and the providers shall be made in writing by the use of electronic means of communication by the rules in this chapter.

(2) verbal communication can still be used, except in connection with the exchange of procurement documents, requests to participate in the contest, confirmations of interest and offers. Oral communications should be documented to a sufficient degree, such as in the form of a written description or summary of the main elements in the communication or by the audio recording. The customer to customize the scope of the documentation to the meaning the contents of the oral communication can have for the understanding of the acquisition documents.
Enters into force when the Ministry decides.

section 10-2. General requirements for tools and solutions that is used for electronic communication (1) tools and solutions that is used for electronic communication, should be non-discriminatory and generally available and not limiting their opportunities to participate in the contest. They should also be able to work together with the common ICT products.

(2) specifications and other information that is necessary to be able to deliver requests to participate in the contest or offer online, including information about the encryption, and time stamping, to be available to all vendors.

(3) the client may require the use of specific tools and solutions that are not generally available, if they are required to exchange relevant documents. The customer shall in that case provide alternative access opportunities or fulfillment ways. The customer is deemed to have offered satisfactory alternative access opportunities or fulfillment ways if he a) provides free, direct and unlimited online access to the appropriate tools and solutions from the announcements the day time or he sends the invitation to confirm the interest. The customer should specify the URL where the tools and solutions are available in the announcement or invitation;

b) gives the vendors the opportunity to participate in the competition by the use of the temporary passwords or other temporary access characters that he free available for the vendors. The customer is not obliged to provide such services if the supplier's fault that he can't access; or c) offers an alternative channel or fulfillment to provide quote online.

Enters into force when the Ministry decides.

§ 10-3. Requirements for receipt and storage of the requests to participate in the contest and promotions etc.
(1) the customer shall ensure that requests to participate in the contest and promotions are held confidential, and that the content is protected from changes and unauthorized access during transmission and storage.

(2) no one should have access to the contents of the requests to participate in the competition or in the offers before the deadline for the receipt has timed out. Only authorized individuals should be able to fix or change the date for the opening of the requests or offers.

(3) only authorized persons should have access to the received information.

(4) the time of reception and opening of the requests for participating in the contest and deals to be able to be determined accurately.

(5) the customer shall, in satisfying degree ensure that violations or attempted violations of this provision clearly can be tracked.
Enters into force when the Ministry decides.

§ 10-4. Exceptions from the requirement for the use of electronic communications (1) the customer is not obliged to require the use of electronic means of communication if a) anskaffelsens art implies that the use of electronic means of communication would require special tools, solutions or file formats that are not generally available or cannot be processed by standard available software, and the customer cannot provide alternative access opportunities or fulfillment ways that mentioned in section 10-2 third paragraph b) of the file formats that would have been suitable for the design of the offers , cannot be processed by-hour or generally available software, or is covered by a licence scheme, and can not be downloaded by the customer or be made available over the internet or in another easily accessible way c) information to be exchanged, is expected to be of such a nature or to such a format that the use of electronic means of communication would require especially equipment that is not generally available to the client.

(2) the customer is not obliged to require the use of electronic means of communication to the delivery of physical models or scale models that cannot be delivered using electronic means of communication.

(3) the client may not allow the use of electronic means of communication if it is necessary to use other means of communication a) as a result of security breaches in the online communications solution, or b) because sensitive information cannot be protected to the satisfaction of the use of electronic tools and solutions that are generally available for the vendors, or that can be made available in an alternative way, as mentioned in section 10-2 third paragraph.

(4) if the customer does not require the use of electronic means of communication, it should be used the ordinary postal service or other appropriate shipping ways, possibly combined with the electronic AIDS.
Enters into force when the Ministry decides.

§ 10-5. The use of electronic signatures, etc.
(1) the customer may not claim that the vendors will be using electronic signature or electronic identification evidence in order to gain access to competitive or to unsubscribe their interest.


(2) the client may require that vendors upon delivery of the requests to participate in the competition and offer solutions that provide satisfactory assurance that he can substantiate the vendor that has provided the individual request and the individual offer and attach the sender to the content. The client may require the use of a) the electronic signature b) electronic seal c) electronic proof of identity or temporary pass if it used a third-party mail-in solution that supports this and can attach the sender to the contents of the request or offer.

(3) the customer shall, in competition the basis set the requirements to the level of security for electronic signature, electronic seals, electronic proof of identity and other security measures by the use of electronic means of communication. Security level should not be higher than is necessary due to the relevant risk factors.

(4) When the customer requires the use of the electronic signature, should he accept the advanced electronic signatures which are supported by a qualified certificate that is issued by a body that is listed on a list of registered certificate authorities according to the European Commission decision 2009/767/EC.

(5) the principal may, in a risk assessment require the use of advanced electronic signature. When the client requires the use of such a signature or electronic seal, to the requirements of the formats for signature or seal be based on formats that are set out in the European Commission's decision 2011/130/EU. The customer shall take the measures necessary to be able to manage the technical formats. The client can choose to accept other formats for signatures and seal that he is able to validate on the basis of the information in the signature, seal or information associated with it.

(6) the Ministry may determine rules on the use of closer to electronic signature, electronic seals, electronic proof of identity, third-party mail-in solutions and other security measures by the use of electronic means of communication.
Enters into force when the Ministry decides.

Chapter 11. Rejection Rejection due to formal error section 11-1. Rejection due to formal error (1) the customer shall reject a vendor or an offer a) when the offer is not received within the deadline for quotation b) when the request to participate in the contest or promotion is provided in violation of the requirements of the communication medium.

(2) the client may reject a vendor or an offer a) when the request to participate in the competition have not been received within the time limit b) when the request to participate in the contest or the offer does not meet the requirements of the design that the client has determined.

Enters into force when the Ministry decides.

Rejection due to conditions at the vendor section 11-2. Rejection due to conditions at the vendor (1) the customer shall reject a vendor a) that does not meet the eligibility requirements;

b) when there is conflict of interest that the principal can not remedy with less intrusive measures, cf.. section 7-3;

c) who have participated in the preparation of the competition and with this accomplished an unreasonable competitive advantage that cannot be remedied with less intrusive measures. Before the vendor is rejected, the client shall give him an opportunity to substantiate that the participation in the preparation does not cause competition twisting.

(2) the client may reject a vendor when he is familiar with the provider is legally enforceable convicted or have adopted a maker for the following criminal relationship: a) participation in a criminal organization b) corruption c) fraud d) terrorist acts or offences with regard to terrorist activity s) money laundering or financing of terrorism f) child labour and other forms of human trafficking.

(3) the customer can also reject a vendor, unless the rejection will be disproportionate, a) when the customer is aware that the provider does not have fulfilled their obligations to pay taxes, fees and insurance fees in the State he is established, or in Norway;

b) that is the subject of bankruptcy, insolvensbehandling or under liquidation, has been forced debt settlement or stopped business-minute recessin, have their assets managed by a court, or is in a similar process;

c) when the customer can document that the vendor has committed serious or repeated violations of the provisions on the environment, working conditions and social conditions imposed by national rules, the EEA rules, collective agreements or international agreements as specified in annex 4;

d) when there is a conflict of interest between the customer and the vendor that can have a negative impact on the contract fulfillment;

e) the customer has when clear evidence of that provider has signed an agreement with the purpose to distortion of competition;

f) who have previously committed a material breach of contract in connection with the fulfillment of a contract with an employer that is covered by the procurement regulations. This assumes that the breach has led to the rescission of the contract, compensation or similar sanctions;

g) who have given incorrect or misleading information broadly as can get significant influence on customer decisions about rejection, selection or assignment, or who has failed to provide such information;

h) that has tried to influence customer decisions or gain access to confidential information that can give the vendor an unfair competitive advantage;

When the client in) can document that the vendor by the way have committed serious errors that cause doubt about his professional integrity;

j) when the customer to enter into a concession contract on the defense and security area as defined in the regulations on defence and security procurement section 1-3 the first paragraph and can document that the vendor represents a security risk.

(4) employers as mentioned in § 1-3 first paragraph, LITRA a to d should reject a vendor for a) violations as mentioned in the second paragraph, and b) violations as mentioned in the third paragraph, LITRA a as is stated by enforceable judgement or final management decision.

(5) the client may fail to reject a supplier after the fourth paragraph when public interest objectives makes it necessary to conclude the concession contract with the vendor.

(6) Rejection under this section can occur for actions or omissions that have been made both before and during the competition.
Enters into force when the Ministry decides.

section 11-3. Identification (1) by the assessment of whether a provider should be rejected under section 11-2 fourth paragraph, cf.. section 11-2 second paragraph, should the customer juxtapose errors or violations committed by a person in the vendor's management, management or control body, or who have the expertise to represent, control or decision-making in these bodies, with errors or violations committed by the provider itself.

(2) by the assessment of whether a provider can or should be rejected for other rules in section 11-2, the client can juxtapose errors or violations committed by persons referred to in the first paragraph, with errors or violations committed by the provider itself.

(3) by the assessment of whether a provider can or should be dismissed pursuant to section 11-2, errors or violations committed by another legal person page be set with errors or violations committed by the provider itself. Rejection in this case especially because an assessment of the degree of association between the companies, including person communities and control community, and bypass considerations.
Enters into force when the Ministry decides.

section 11-4. Replacement of subcontractors (1) if the customer in the course of the competition will be aware that a subcontractor is in a situation as mentioned in section 11-2 the first paragraph, LITRA b to c, the second paragraph or third paragraph, he may require that the vendor switching out under the vendor.

(2) If a principal as mentioned in § 1-3 first paragraph, LITRA a to d, during the contest is familiar with that a subcontractor is in a situation as mentioned in section 11-2 fourth paragraph, he shall require that the vendor switching out under the vendor.

(3) the first and second paragraph also applies to contractors that the vendor engages after the contract is entered into and that are in a situation as mentioned in section 11-2 other or third paragraph, when the client has required documentation for such conditions after the fourth paragraph.

(4) the customer who wants to check if a subcontractor is in a situation as mentioned in section 11-2, may require that the provider sets forth documentation pursuant to section 11-7. For suppliers that are engaged after a concession contract is entered into, the client can require that the provider sets forth testimonials or other documentation rather than for their own statements.

(5) If a provider supports itself on the capacity of a subcontractor to fulfill eligibility requirements, see. section 8-7, instead the provision in section 8-7, third paragraph.
Enters into force when the Ministry decides.

section 11-5. Measures to avoid rejection under section 11-2 (1) the customer may not reject a vendor under section 11-2 second paragraph or third paragraph, LITRA c, e, f and i, if the vendor can demonstrate to have carried out the following measures that show that he still has the necessary integrity as contractor: a) paid compensation that the vendor is required for any loss as a result of the relationship , or given the commitment of such payment, b) actively collaborated with the responsible authorities to clarify the facts and circumstances of the relationship and c) hit the appropriate technical, organizational, and personalmessige measures to prevent recurrences.


(2) by the assessment of whether the measures mentioned in the first paragraph is insufficient, the client should attach importance to the roughness of and the particular circumstances by the error or offense. If the customer is not considering measures that have sufficient, he shall give the vendor a justification.

(3) the principal cannot reject a vendor under section 11-2 third paragraph, LITRA a, if the vendor has paid the amount owed, including interest and fines, or entered into a binding payment agreement.
Enters into force when the Ministry decides.

section 11-6. Rejection period (1) the customer may refuse a vendor under section 11-2 second paragraph for up to five years from the date of the enforceable judgment or the adoption of forelegget.

(2) the client may reject a vendor under section 11-2 third paragraph, LITRA c, e, f and i, for up to three years from the relevant event.
Enters into force when the Ministry decides.

section 11-7. Documentation for the absence of rejection reasons (1) the customer shall accept the following documentation as sufficient evidence that the absence of rejection reasons: a) affirmation or an equivalent document issued by a competent authority in the supplier's home State or the State where the provider is established, which shows that there is no rejection reasons as mentioned in section 11-2 second paragraph b) certificate issued by a competent authority in the supplier's home State or the State where the provider is established , which shows that there is no rejection reasons as mentioned in section 11-2 third paragraph, LITRA a and b.

(2) if it is not mentioned in the documents are issued the first paragraph in the supplier's home State or the State where he is established, or if they do not cover all the rejection reasons as mentioned in section 11-2 second paragraph and third paragraph, LITRA a and b, the client can accept a declaration as sufficient evidence. The customer may request that the vendor rather than to provide a statement given under oath or an insurance policy the responsibility for a competent organ in the provider's home State or the State where he is established, when this is specified in the procurement documents.
Enters into force when the Ministry decides.

Rejection due to conditions at the offer section 11-8. Rejection due to conditions at the offer (1) the customer to refuse an offer that a) cannot be considered binding b) includes a significant deviation from the acquisition documents.

(2) the customer may refuse an offer that a) contains deviations from the procurement documents or which must not be considered confusion insignificant b) does not meet the provisions on the environment, working conditions and social conditions imposed by national rules, the EEA rules, collective agreements or international agreements as specified in Appendix 4 c) exceeds the order placer's budget as evidenced before the commencement of the competition set d) the way the client can not accept because there are similar conditions as in the letter a to c.

Enters into force when the Ministry decides.

The steps by the rejection section 11-9. Procedure by rejection (1) the customer will decide the question of rejection as soon as possible. Rejection can happen at any point in the competition when it turns out that the criteria for the rejection are met.

(2) the customer shall as soon as possible give the provider a written notice of the rejection. The notice shall include a short justification.
Enters into force when the Ministry decides.

Chapter 12. The closing of the competition section 12-1. Communication on the choice of provider and grounds (1) the customer shall be in writing and at the same time give the affected vendors a notice of the selection of the vendor before the concession contract is entered into. The customer should provide a rationale for the choice and specify a waiting period in the notice.

(2) the rationale to include the name of the selected provider and an account of the selected quotation properties and relative benefits in accordance with the allocation criteria.

(3) the client may exempt certain information from the rationale if the issue will a) prevent enforcement of the rules, or otherwise be contrary to the public interest, b) will damage the specific public or private businesses who legitimate economic interests, or c) will damage the competition between vendors.

(4) if the customer finds that the decision about the choice of vendor is in violation of these regulations, the decision can be undone until the concession contract is entered into.

(5) the concession contract is considered signed when both parties have signed the contract.
Enters into force when the Ministry decides.

section 12-2. Waiting period before the making of the concession contract (1) the customer may enter into a concession contract at the earliest after the expiry of a waiting period that is set by the principal. Waiting period should be at least 10 days from the day after the notice about the choice of vendor is sent. If the customer has made exceptions to the requirement for the use of electronic communication, will be waiting period be at least 15 days.

(2) the requirement does not apply when waiting period the client does not have the obligation to announce the contest, jf. section 9-2 second paragraph, or when the selected vendor is the only affected provider.
Enters into force when the Ministry decides.

section 12-3. The suspension of the principal access to enter into concession contract (1) by petition for temporary injunction after the order placer's choice of vendor, suspending access to the customer to enter into a concession contract) when the customer has set a waiting period under section 12-2 the first paragraph and the petition is put forward by the end of the waiting period, or b) when the customer has published a letter of intent announcement pursuant to section 9-3 and the petition is made within ten days from the day after the date of the announcement.

(2) the suspension occurs when the petition is declared for the customer. The customer will be informed about the suspension the impact by preaching.

(3) the District Court shall at the same time that the petition is sent to the service of process, scheduling oral negotiations to the processing of the petition. The parties may agree that the treatment in the place to be in writing.

(4) the suspension lasts until the District Court has taken the position to the petition. The suspension expires anyway at the earliest by the expiration of the waiting period or after ten days from the day after the date of the letter of intent for the announcement.

(5) it is not the suspension by the appeal of things the Court's decision.
Enters into force when the Ministry decides.

section 12-4. Cancellation of the competition (1) the customer can cancel the competition with immediate effect if there is a just cause.

(2) the customer shall as soon as possible give vendors a written notice of the cancellation. The notice shall include a short justification and any information that he will conduct a new competition for the same acquisition.
Enters into force when the Ministry decides.

Chapter 13. Changes to the concession contract and termination § 13-1. Changes are allowed (1) the customer can make the following changes to a concession contract without having to conduct a new competition after the regulation: a) changes that are made after a change clause as stated in § 8-11 second paragraph;

b) changes that provide a price increase of less than 1.
threshold values in section 5-1, and 2.
10 per cent of the original contract value.

This applies only when the parent is not anskaffelsens character changed. If it made several changes after each other, the price increase is calculated on the basis of the overall price increase as a result of all the changes;

c) changes to the necessary additional deliveries that are not entered in the original concession contract.

This applies only when: 1. the change of provider can not happen for technical or economic reasons, for example, because additional shipments must be able to replace, or be compatible with existing equipment, software, services, or installations that were acquired by the original concession contract, and 2.
change of provider will lead to significant difficulties or significant extra costs for the customer;

d) changes that are necessary as a result of circumstances which a due care the client could not predict. This applies only when the parent is not anskaffelsens character changed;

e) changes that apply to the change of the supplier at that a new provider in whole or in part, step into the existing provider's rights and responsibilities as a result of a restructuring, for example, by takeover, merger, acquisition, or bankruptcy. This applies only when the 1.
the new provider meets the original eligibility requirements, 2.
It's not made other significant changes to the concession contract and 3.
the change of vendor is not going on to circumvent the regulation;

f) changes, regardless of value, which is not essential, jf. section 13-2.

(2) when the principals as mentioned in § 1-3 first paragraph, LITRA a to d are included concession contracts that are not related to a supply activity, price increase by changes as mentioned in the first paragraph, LITRA c and d do not exceed 50 percent of the original contract value. If it made several changes after each other, apply to this limitation for each change. Such changes must not be made to circumvent the regulations.

(3) if the concession contract contains a price index clause, the price increase as a result of changes after the first paragraph, LITRA b to d is calculated on the basis of the adjusted price. If the concession contract does not contain a price index clause, the price increase is calculated by the consumer price index.

(4) the customer shall announce the changes as mentioned in the first paragraph, LITRA c and d under section 9-1.
Enters into force when the Ministry decides.


section 13-2. Significant changes a change is not allowed pursuant to section 13-1 the first paragraph letter f if it leads to that the contents of the concession contract will be significantly different from the original concession contract. A change is always substantially if the a) applies to new conditions that, if they had been a part of the original contest, would have led to other providers potentially could have participated, or that the customer could be awarded the concession contract to a different provider, b) changes the concession contract's economic balance for the benefit of the vendor, c) extend the concession contract significantly, or d) comes to the change of provider in other cases than those mentioned in section 13-1 the first paragraph letter e.

Enters into force when the Ministry decides.

section 13-3. Dismissal in particular cases the customer may terminate a concession contract if a) there has been any significant changes in the concession contract that requires that the customer conducts a new contest, jf. section 13-2, b) provider at the time of the award of the concession contract was in a situation as mentioned in section 11-2 second paragraph, or c), the EFTA Court has determined that the client has committed a violation of the EEA agreement which means that the client should not have entered into the concession contract with the selected vendor.

Enters into force when the Ministry decides.

Part III. Procurement of special services and health and social services chapter 14. Procurement of special services and health and social services section 14-1. Conduct of the competition (1) the customer shall determine how the competition will be carried out in the procurement documents.

(2) the customer shall carry out the competition in a way that implies that the vendors are treated equally and are given the opportunity to become familiar with the conditions the customer want to emphasize in the selection of suppliers to participate in the contest and by the choice of offers.

(3) the customer can take into account the special features of the performance at the completion of the acquisition, including by determining the requirements of performance, contract terms and conditions, eligibility requirements and allocation criteria. This is especially true the user's needs for quality, continuity, universal design, acceptable prices, availability and a comprehensive service offerings, expertise and experience, user interaction, to the safeguarding of the user's integrity, management and participation in the community and the mobilization of resources in the user's local environment. The customer can also emphasize their need for diversity, continuity and innovation.

(4) the customer can assign contracts by user choice. User choice should in that case be the only assignment criteria.

(5) the customer can enter into long-term concession contracts, if necessary due to the users ' needs, the purpose, investment costs or other relevant reasons. The customer can enter into running the concession contracts with cancellation access.

(6) Chapter 10 about communication applies accordingly.
Enters into force when the Ministry decides.

section 14-2. The concession contracts be reserved for businesses with disabled or disadvantaged people the client can limit the competition to businesses or programs whose primary purpose is to integrate the disabled or disadvantaged people in the workplace. This applies only when at least 30 percent of the employees in your business or program has a disability or is disadvantaged. If the customer use this opportunity, he should specify this in the announcement.
Enters into force when the Ministry decides.

section 14-3. Announcement of competition and signing the contract (1) the client to enter into a concession contract, to announce the contest in accordance with § 9-1.

(2) does not apply when the announcements the obligation the terms in section 9-2 the second paragraph is met.

(3) When the customer has entered into a concession contract, he shall announce the concluding the contract under section 9-1 and section 9-4.
Enters into force when the Ministry decides.

section 14-4. Letter of intent If the client announcement believes that he has the legal authority to enter into a concession contract without having to announce the contest in accordance with § 14-3, after that the choice of supplier is decided, announce that the concession contract will be entered into by publishing a letter of intent announcing, in accordance with section 9-1.
Enters into force when the Ministry decides.

section 14-5. Communication on the choice of provider and grounds for the election (1) the customer shall be in writing and at the same time give the affected vendors a notice of the selection of the vendor before the concession contract is entered into. The client should provide a rationale for the choice and enter the karens period in the notification.

(2) the rationale to include the name of the selected provider and an account of the selected quotation properties and relative benefits in accordance with the allocation criteria.

(3) the client may exempt certain information from the rationale if the issue will a) prevent enforcement of the rules, or otherwise be contrary to the public interest, b) damage certain public or private businesses who legitimate economic interests, or c) damage the competition between vendors.

(4) if the customer finds that the decision about the choice of vendor is in violation of these regulations, the decision can be undone until the concession contract is entered into.

(5) the concession contract is considered signed when both parties have signed the contract.
Enters into force when the Ministry decides.

section 14-6. Waiting period before the making of the concession contract (1) the customer may enter into a concession contract at the earliest after the expiry of a waiting period as are determined by the customer. Waiting period should be at least 10 days from the day after the notice about the choice of vendor is sent. If the customer has made exceptions to the requirement for the use of electronic communication, will be waiting period be at least 15 days.

(2) the requirement does not apply when waiting period the client does not have the obligation to announce the contest, jf. section 14-3 the second paragraph, or when the selected vendor is the only affected provider.
Enters into force when the Ministry decides.

section 14-7. The suspension of the principal access to enter into concession contract (1) by petition for temporary injunction after the order placer's choice of vendor, suspending access to the customer to enter into a concession contract) when the customer has set a waiting period under section 14-6 and the petition is put forward by the end of the waiting period, or b) when the customer has published a letter of intent announcement pursuant to section 14-4 and the petition is made within ten days from the day after the date of the announcement.

(2) the suspension occurs when the petition is declared for the defendant. The defendant be informed of the suspension the impact by preaching.

(3) the District Court shall at the same time that the petition is sent to the service of process, scheduling oral negotiations to the processing of the petition. The parties may agree that the treatment in the place to be in writing.

(4) the suspension lasts until the District Court has taken the position to the petition. The suspension expires anyway at the earliest by the expiration of the waiting period or after ten days from the day after the date of the letter of intent for the announcement.

(5) it is not the suspension by the appeal of things the Court's decision.
Enters into force when the Ministry decides.

Part IV. Final provisions chapter 15. Final provisions § 15-1. Entry into force these regulations apply from the time the food and Fisheries Ministry decides.

section 15-2. The transitional rules (1) these regulations apply to procurements initiated after the entry into force forskriftens. An acquisition is implemented when it is announced. An acquisition that does not be announced, when the client is implemented has sent out a request to one or more suppliers to notify their interest in, or in connection with the Declaration of offer a planned acquisition.

(2) § 10-1 the first paragraph that the communication and information exchange through the use of electronic means of communication will take effect: a) 1. April 2017 for purchase centres b) 1. January 2018 for State authorities c) 1. July 2018 for other clients.

(3) For the communication and information exchange with the vendors that are made up to the times specified in the second paragraph, the following means of communication are used: a) the electronic means of communication in accordance with Chapter 10 b) ordinary postal service or other appropriate shipping ways c) a combination of these communication means.

Enters into force when the Ministry decides.

Appendix 1. Building and construction activities at the contradiction between the CPV and NACE comes to CPV-classification.

NACE Rev. 11 CPV code MAIN F construction BUSINESS Group main group Under Group Description 45 construction business 45000000 45.1 Preparatory construction work 45100000 45.11 Demolition of buildings and earth work 45.12 drilling and 45110000 Try-drilling 45120000 45.2 part or complete building structures as well as fixed works 45200000 45.21 construction of buildings and construction works 45210000 except:-45213316 45220000 45231000 45232000 45.22 Assembly of roof constructions and roofing as well as follow the work 45261000 45.23 construction of roads , airports and sports facilities 45212212 and DA03 (public *) 45230000 except:-45231000-45232000-45234115 45.24 working in conjunction with the fixed water projects 45240000 45.25 other specialized construction works 45.3 45250000 45262000 Building installation work 45300000 installation of electric wires 45.31 and luminaries except: 45316000 45213316 45310000-45.32 Isolation work and 45320000 A 45.33 plumbing 45330000 45.34 Other building installation work 45234115

45316000 45340000 45.4 finalize end construction work 45400000 45.41 Brush work 45410000 45.42 Carpenter Assembly work 45420000 45.43 execution of floor laying and wall apparel 45.44 and 45430000 Templates glass work 45440000 working in conjunction 45.45 Other with finishing of buildings 45212212 and DA04 (private *) 45450000 45.5 Rental of construction materials and equipment with operator 45500000 45.50 Rental of construction materials and equipment with operator 45500000 comes into force when the Ministry decides.

Appendix 2. Special services CPV Code Description 75200000 community services 79611000 Job search services 79622000 Disclosure of farm aid personal care 79624000 disclosure of personal 79625000 the dissemination of medical personal services provided by 98133000 social membership organizations 98200000 consulting services for gender equality 98500000 paid work in private households 75000000 public administration, defence and social security services 75124000 Administrative services in connection with recreation, culture and religion managing 79995100 79995000 library Archiving Services 79995200 Cataloging 92000000-92700000 Recreation , culture and sport organization of 79950000 exhibitions, trade shows and conventions 79951000 organization of seminars 79952000 organization of the event 79952100 the Organization of cultural events 79953000 the Organization of the festival 79954000 organization of company 79955000 organization of fashion shows 79956000 the Organization of fairs and exhibitions 79957000 organization of auctions 75300000 Mandatory social security services 75310000 Contribution services 75311000 Medical contributions contributions in 75312000 connection with the pregnancy and birth 75313000 disability 75313100 Contributions by temporary disability unemployment benefits 75314000 75320000 pension schemes for government employees 75330000 Family contribution 75340000 child support 98000000 Other municipal , social and personal services 98120000 services provided by trade unions 98132000 services provided by political organizations 98133110 services performed by youth organizations 98130000 Miscellaneous member organization services 98131000 55100000 55410000 religious services-hotel services-55521000 55521200 Catering to private 55521100 Matombringingstjenester 55521200 Food delivery services 55520000 Catering business 55522000 Catering to transport businesses Catering to 55523000 other businesses or institutions Catering to 55524000 schools 55510000 Canteen operations 55511000 Canteen-and other cafeteria business with limited access 55512000 the operation of canteens 55523100 services in connection with school meals 79100000-79140000 legal services 75231100
Administrative services regarding the courts 75100000-75120000 public administration 75125000-75131000 Administrative Services regarding tourism, support services for the State, State services-community services 75200000 75231000 75240000-75252000 Services regarding public security, law and order and fire and emergency services 79430000 crisis-management services 98113100 Nuclear security services 79700000-79723000-Investigation and security services 98900000 services performed by international organizations and bodies related to 98910000 Special Services international organizations and organ and 64000000 telecommunications services 64100000 mail and courier mail services 64110000 64111000 postal services associated with newspapers and magazines 64112000 mailing services associated with the letter 64113000 mail services associated with the packages 64114000 Post Office services 64115000 Rental of mailboxes 64116000 Post res aunt services 64122000 Internal mail and courier services of 71550000 50116510 Retreading tires Blacksmith services come into force when the Ministry decides.

Appendix 3. Health and social services-Description CPV code 85000000-85323000 health and social service provision 85321000 Administrative services in connection with social services 85322000 Municipal action programs 98133100 the improvement of the community and support services to the population 98513000-98514000 labor services within households and household chores 75121000 Administrative educational services Administrative Services 75122000 health 75123000 75231200 Administrative services associated with residential Services detention or rehabilitation of criminals 75231210-75231230 Services in connection with the detention and prisoner medical escorts and prison services 75231240 Regulatory guardian services 80000000-80660000 Services in connection with training and education enters into force when the Ministry fixes.

Appendix 4. International treaties-ILO's Convention No. 87 on freedom of Association and protection of the Organization's Court-ILO's Convention No. 98 concerning the right to organize themselves and to allow collective bargaining-ILO's Convention No. 29 on forced labor-ILO's Convention No. 105 on the abolition of forced labor-ILO's Convention No. 138 on minimum age for admission to employment-ILO's Convention No. 111 on discrimination in employment and occupation-ILO's Convention No. 100 on equal pay for male and female workers for work of equal value-ILO's Convention No. 182 on the prohibition of and immediate action to abolish the worst forms of child labor-Wienkonvensjonen on the protection of the ozone layer and the Montreal Protocol-Baselkonvensjonen about the control of cross-border transport of dangerous waste and its disposal-Stockholmkonvensjonen on persistent organic pollutants-Rotterdam Convention on information and consent in trade in certain hazardous chemicals.

Enters into force when the Ministry decides.

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