Regulations on procurement procedures in the utility sectors (Supply Regulations)


Date FOR 2016-08-12-975


Ministry of Industry and Ministry of Fisheries


Published in 2016 Booklet 11


Commencement Dep. determines

Edited


Changes
FOR 2006-04-07-403

For
Norway

Legal

LOV-2016-06-17-73-§2, LOV-2016-06-17-73-§5, LOV-2016-06-17-73-§7a, LAW-2016-06-17- 73-§8, LOV-2016-06-17-73-§9, LOV-2016-06-17-73-§16

Promulgated
18.08.2016 kl. 11:00

Short Title
Supply Regulations

Chapter Overview:

Part I. General provisions (§§ 1-1 - 7-8)
Part II. Procurement of EEA thresholds (§§ 8.1 - 25.2)
Part III. Procurement of special services and health and social services (§§ 26.1 - 26.9)
Part IV. Planning and design competitions (§§ 27.1 - 27.4)
Part V. Final provisions (§§ 28.1 - 28.3)
Appendix 1. List of procedures as mentioned in § 1-2 fourth paragraph
Appendix 2. construction activities
Appendix 3. Specific services
Appendix 4. Health and social services
Appendix 5. Health care services covered by § 26-2 || | Appendix 6. International conventions

Adopted by the Ministry of Fisheries Ministry on 12 August 2016 pursuant to Act 17 June 2016 no. 73 on public procurement (procurement law) § 2, § 5, § 7a, § 8, § 9 and § 16.
EEA information: EEA Annex XVI no. 4 (Directive 2014/25 / EU).

Part I. General Provisions

Chapter 1 Scope

Which procurement covered by the regulations, and who it applies

§ 1-1. Which procurement covered by the Regulations These regulations apply when contracting entities referred to in § 2.1 are included commodity, service or construction contracts, or conducts planning and design competitions, with an estimated value equal to or exceeding 100 000 excl . VAT., relating to the exercise of the following supply activities:

A)
Heating as defined in § 1-3

B)
electricity as defined in § 4.1

C)
drinking water as defined in § 1-5

D)
transport as defined in § 6.1

E)
ports and airports as defined in § 1-7

F)
mail as defined in § 1-8

G)
oil, gas, coal and other solid fuels as defined in § 1-9.

Enters into force when the Ministry.

§ 1-2. Whom the regulation applies
(1) This regulation applies to the following principals:

A)
state governments

B)
county and municipal authorities

C)
statutory bodies

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

E)
public enterprises

F)
other businesses that exerts supply activity on the basis of an exclusive right or privilege.

(2) A statutory body is a body that

A)
created to serve the public's needs and not having an industrial or commercial nature

B)
is an independent legal entity and

C)
related to the public by

1.
Body mainly funded by public authorities or other statutory bodies,

2.
Authority management is subject to such authorities or bodies managerial control, or

3.
Body has an administrative, managerial or supervisory board more than half of whose members are appointed by such authorities or bodies.

(3) A public undertaking is an undertaking that public authorities can directly or indirectly exercise dominant influence by virtue of ownership, other financial participation or the rules applicable to the entity. A dominant influence shall be presumed when these authorities directly or indirectly

A)
own the majority of the undertaking's subscribed capital,

B)
control the majority of the votes attaching to shares issued by the undertaking, or

C)
can appoint more than half the members of the administrative, management or supervisory body.

(4) The exclusive rights or special rights means the rights granted by the competent authority by law, regulation or administrative decisions, which implies that the exercise of a supply activity restricted to one or more businesses, thus significantly affect the ability of other businesses to exercise such activity. Rights granted by a procedure which ensures sufficient transparency and is based on objective criteria, including procedures specified in Annex 1 does not constitute an exclusive or special rights.
Enters into force when the Ministry.

Activities covered by Regulation

§ 1-3. Heating
(1) This regulation applies to activities whose purpose

A)

Making available or operate fixed networks intended to provide services to the public in connection with the production, transport or distribution of gas and heat

B)
supplying such networks with gas or heat.

(2) This regulation does not apply to activities as defined in subsection b as a client as mentioned in § 1-2, first paragraph e or f performer, when

A)
client's production of gas or heat is an inevitable result of the exercise of any other activity than those defined in the first paragraph or § 1-4, § 1-5 or § 1-6; and

B)
supply network only aim at economic utilization of this production and does not exceed 20 percent of the client's turnover. Turnover was calculated on the basis of the average for the last three years including the current year.

(3) Supply of gas and heat includes manufacturing, wholesale and retail.
Enters into force when the Ministry.

§ 1-4. Electricity
(1) This regulation applies to activities whose purpose

A)
making available or operate fixed networks intended to provide services to the public in connection with the production, transport or distribution of electricity

B)
supplying such networks with electricity.

(2) This regulation does not apply to activities as defined in subsection b as a client as mentioned in § 1-2, first paragraph e or f performer, when

A)
client's production of electricity is required to exercise an activity other than those defined in the first paragraph or § 1-3, § 1-5 or § 1-6, and

B)
supply network due to excess capacity which depends on the entity's own consumption, and does not exceed 30 percent of the client's total energy production. Production calculated based on the average for the last three years including the current year.

(3) Supply of electricity encompasses the production, wholesale and retail.
Enters into force when the Ministry.

§ 1-5. Drinking
(1) This regulation applies to activities whose purpose

A)
making available or operate fixed networks intended to provide services to the public in connection with the production, transport or distribution of drinking

B)
supplying these networks with potable water.

(2) This regulation also applies when an entity carrying on an activity referred to in the first paragraph, enter into contracts related to

A)
water construction projects, irrigation or drainage, provided that the amount of water is calculated on the supply of drinking water, amounts to more than 20 percent of the total amount of water to be provided or

B)
diverted or purify wastewater.

(3) This regulation does not apply to activities as defined in subsection b as a client as mentioned in § 1-2, first paragraph e or f performer, when

A)
client's production of drinking water is required to exercise an activity other than those defined in the first or second paragraph or § 1-3, § 1-4 or § 1-6, and

B)
supply network due to excess capacity which depends on the entity's own consumption, and does not exceed 30 percent of the client's total production of drinking water. Production calculated based on the average for the last three years including the current year.

(4) Supply of drinking water include production, wholesale and retail.
Enters into force when the Ministry.

§ 1-6. Transportation
(1) This regulation applies to activities whose purpose is to make available or conducting grid intended to provide transport services to the public by railway, automated systems, tramway, trolley bus, bus or cable.

(2) A grid is assumed to exist if the operating conditions of the service are established by a public authority. Operating conditions may include requirements for the routes to be operated, how much capacity should be and how often the routes to be operated.
Enters into force when the Ministry.

§ 1-7. Ports and airports regulations apply to activities that are designed to exploit a geographical area to make available air, sea or inland ports or other terminal facilities for air, sea or river transporters.
Enters into force when the Ministry.

§ 1-8. Post
(1) This regulation applies to activities whose purpose is to provide

A)
postal services

B)
services other than postal services if they are provided by an entity which also provides postal services and the terms of Directive 2014/25 / EC Article 34. 1 are not met for such services.

(2) This provision is meant by

A)


Postal services: services consisting of collecting, sorting, transporting and distributing postal items. This applies to services covered and services that are not covered by an exclusive right that is stipulated in the regulations on provision of postal services;

B)

Postal item: an addressed shipment to the final shape as it has on the filing date, regardless of weight. In addition to the letter, include such items as books, catalogs, newspapers, periodicals and postal parcels containing goods with or without commercial value, irrespective of weight;

C)
services other than postal services:

1.
Management of courier services, both before and after shipment, such postromforvaltning

2.
Services relating to postal items which are not covered by the letter b, for example unaddressed advertising.

Enters into force when the Ministry.

§ 1-9. Oil, gas, coal and other solid fuels regulations apply to activities that are designed to exploit a geographical area to

A)
extraction of oil or gas, including gas production

B)
exploration for or extraction of coal or other solid fuels.

Enters into force when the Ministry.

Chapter 2. Exceptions

§ 2-1. Exceptions for procurement covered by other rules
(1) This regulation does not apply

A)
procurement of defense and security as defined in regulations on defense and security procurement § 1-3 first paragraph

B)
concession contracts.

(2) Acquisition Act and Regulations do not apply to contracts for public passenger transport by rail or metro which are covered by the Regulations of 17 December 2010 No.. 1673 on the implementation in Norwegian law of EEA Agreement Annex XIII. 4a (Regulation (EC) no. 1370/2007) on public passenger transport by rail and by road and repealing Council Regulation (EEC) no. 1191/69 and no. 1107/70.

(3) Procurement Act and Regulations do not apply to procurement by the contracting entity

A)
is obliged to implement by the procurement rules

1.
In an international agreement with public authorities outside the European Economic Area, which includes benefits that are calculated on a joint project that the Parties implement or leverage,

2.
In an international agreement relating to the stationing of troops, or

3.
Set by an international organization, or

B)
choose to implement their acquisition rules laid down by an international organization or financing institution, provided the organization or institution fully finance the acquisition. If such an organization or institution is financing the bulk of the contract, the parties shall agree on the rules that should apply.

(4) The contracting entity must inform the ministry about international agreements as mentioned in the third paragraph letter a no. 1
Enters into force when the Ministry.

§ 2-2. Exceptions for procurement relating to safety issues or declared secret
(1) Procurement Act and Regulations do not apply to procurement

A)
as commissioner to exempt under the EEA Agreement Article 123, or

B)
declared secret or can only be done under special security measures in accordance with the law, regulations or administrative decisions, and the relevant material interests can not be ensured through less restrictive measures.

(2) The contracting authority may exempt concession contracts from procurement law and regulations if necessary to protect essential security interests. Procurement Act and Regulations apply, however, if an employer may defend these interests by less restrictive measures, for example by imposing vendors confidentiality.
Enters into force when the Ministry.

§ 2-3. Exceptions for service contracts entered into on the basis of an exclusive right Procurement Act and Regulations do not apply to service contracts that the client signs with another client as mentioned in § 1-2, first paragraph a to d which has an exclusive right to perform the service. This applies only when the exclusive right is granted by law, regulation or promulgated administrative decisions that are consistent with the EEA Agreement.
Enters into force when the Ministry.

§ 2-4. Exceptions for certain service contracts Procurement Act and Regulations do not apply to contracts

A)
acquisition or rental of land, existing buildings or other immovable property or concerning rights thereon

B)
airings or programming that client enters into with a broadcaster or provider of audiovisual booking services

C)
arbitration and mediation services

D)
following legal services:

1.

Representation by a lawyer in disputes for national or international courts, tribunals, public authorities or institutions, or by national or international arbitration or mediation

2.
Legal advice by a lawyer for the preparation of a case under paragraph. 1 or where there is a clear likelihood that issues advice refers, will be subject to such a case

3.
Notarial

4.
Services performed by a trustee, guardian or other person appointed by a court or tribunal or by law to carry out specific tasks under the supervision of a court or tribunal

E)
following financial services:

1.
Loan

2.
Services in connection with the issue, sale, purchase or other transfer of securities or other financial instruments

3.
Projects that the entity carries out together with the European Financial Stability Facility or the European Stability Mechanism

F)
hiring

G)
civil defense, preparedness or prevention services that the client enter into with non-profit organizations, and which are covered by CPV codes 75250000 (fire brigades and rescue services), 75251000 (services performed by the fire department), 75251100 (firefighters) 75251110 (fire prevention), 75251120 (fighting forest fires), 75252000 (emergency services), 75222000 (civil defense services), 98113100 (nuclear safety services) or 85143000 (ambulance services) except for patient transport by ambulance

H)
services that involve the exercise of public authority is exempt EEA Agreement under Article 39, cf. Article 32

Enters into force when the Ministry.

§ 2-5. Exceptions for contracts for research and development services
(1) Procurement Act and Regulations do not apply to contracts for research and development services.

(2) Acquisition Act and Regulations applicable for contracts covered by CPV codes 73000000 (research and development services and related consultancy), 73.1 million (research and experimental development), 73110000 (research), 73111000 (research laboratory), 73112000 (oceanography), 73120000 (experimental development), 73300000 (planning work and execution of research and development), 73420000 (early feasibility study and technological demonstration) or 73430000 (test and evaluation), when

A)
proceeds fully accrue to the client to use in their business, and

B)
client fully pay for the service.

Enters into force when the Ministry.

§ 2-6. Exceptions for procurements related to the conduct of activities in third Procurement Act and Regulations do not apply to procurements related to the exercise of supply activities in a state that is not party to the EEA Agreement. This only applies if the activity does not involve physical exploitation of a network or geographical area in a state that is party to the EEA Agreement.
Enters into force when the Ministry.

§ 2-7. Exceptions to contracts entered into with a view to resale or lease to third
(1) Procurement Act and Regulations do not apply to contracts that the client enter into with a view to resale or lease to third parties. This only applies if the client does not have a monopoly or privilege to sell or rent out the benefits contract terms, and other businesses are allowed to sell or lease it under the same conditions as the contracting entity.

(2) The exemption in subsection does not apply when the central purchasing make coordinated purchases.
Enters into force when the Ministry.

§ 2-8. Exceptions for contracts for the purchase of water, supply of energy and supply of fuel for energy production Procurement Act and Regulations do not apply to contracts

A)
purchase of water as an entity carrying on activities mentioned in § 1-5 first paragraph, included

B)
supply of energy or fuel for energy production, as an entity exercising activities mentioned in § 1-3 first paragraph, § 1-4, first paragraph or § 1.9, is included.

Enters into force when the Ministry.

§ 2-9. Exemption liberalized sectors
(1) Procurement Act and Regulations do not apply to procurements related to the exercise of a supply activity, if the Commission has decided to exempt the activity by Directive 2004/17 / EC Article 30 or by Directive 2014/25 / EU Articles 34 and 35 because it is competitive and there is free access to the market.

(2) The contractor may submit an application for exemption to the Commission in accordance with the requirements of the Directive and requirements set out by the surveillance authority.


(3) The application shall contain a statement from the Competition Authority. Authority shall issue an opinion within 60 working days of the client's request.
Enters into force when the Ministry.

Chapter 3. Cooperation in the public sector

§ 3-1. Extended own account
(1) Procurement Act and Regulations do not apply to extended its own account, ie when a client as mentioned in § 1-2, first paragraph a to d enters into contracts with another legal entity

A)
contracting entity exercising a control over which corresponds to the control he exercises over his own business,

B)
performing more than 80 percent of its activity for the client or other legal entities that the entity controls, and

C)
that there is no direct private holdings in.

(2) The requirement of control in subsection A is met if the client exercises decisive influence over both strategic objectives and significant decisions of the controlled legal person. Such control may also be exercised through other legal entities that the entity controls the same way.

(3) When the conditions in the first paragraph, the procurement law and regulations even when the controlled legal person enters into contracts with

A)
the controlling legal entity, or

B)
other legal bodies as the controlling legal entity controls.

This only applies when there is no direct private holdings in legal entities as specified in letters a and b.
Enters into force when the Ministry.

§ 3-2. Joint control
(1) Although a client as mentioned in § 1-2, first paragraph a to d not alone satisfy the requirements of § 3-1, first paragraph, the procurement law and regulations nor when he enters into contracts with another legal

A)
contracting entity and other contracting authorities jointly exercise control over which corresponds to the control they exercise over their own business,

B)
performing more than 80 percent of its activity for the controlling principals or other legal entities which principals checks, and

C)
that there is no direct private holdings in.

(2) The requirement of joint control in subsection A is fulfilled when

A)
the controlled entity's governing bodies are composed of representatives of all the controlling principals. A representative may represent several or all of the principals;

B)
the controlling principals jointly exert decisive influence over both strategic objectives and significant decisions of the controlled legal person; and

C)
the controlled legal person does not pursue interests that are contrary to the controlling principals' interests.

Enters into force when the Ministry.

§ 3-3. Cooperation agreements Procurement Act and regulations do not apply to contracts entered into exclusively between two or more contracting authorities referred to in § 1-2, first paragraph a to d, and establishing or implementing a collaboration

A)
whose purpose is to ensure that public tasks are performed to achieve a common goal,

B)
being performed solely by reasons of public policy, and

C)
where less than 20 percent of the activities include cooperation is carried out for other than the principals.

Enters into force when the Ministry.

§ 3-4. Calculation of activity
(1) The calculation of the percentage activity under § 3-1, first paragraph b, § 3-2, first paragraph, letter b and § 3-3 letter c shall be based on either an average turnover or other suitable activity based method, such as expenses incurred in connection with the goods, services or construction works.

(2) The calculation shall be based on the activities of the last three years before the contract is signed. This does not apply if there are no relevant sales figures or other information for the current period because the company was founded or activities were initiated or changed during this period. It is sufficient to show that the calculation of future activity is credible, particularly by means of expected business development.
Enters into force when the Ministry.

§ 3-5. Contracts with companies in the same group
(1) Procurement Act and regulations do not apply to contracts

A)
contracting entity enters into with an undertaking in the same group, or

B)
as a joint venture which is composed entirely of principals to exercise supply activity, included with an entity in the same group as one of those principals.

(2) An entity of the same group is an enterprise

A)
whose financial statements are consolidated with the client's financial statements in accordance with Accounting


B)
contracting entity directly or indirectly exercise a dominant influence,

C)
who can exercise decisive influence over the contracting entity or

D)
which together with the contracting entity is under significant influence of another undertaking by virtue of ownership, other financial participation or the rules of business.

Term decisive influence has the same meaning as in § 1-2 third paragraph.

(3) The first paragraph applies only if at least 80 per cent of their average turnover of whether goods, services or construction works derived from respectively the goods, services or works contracts performed for the contracting entity or other entities group.

(4) The calculation shall be based on the activities of the last three years before the contract is signed. This does not apply if there are no relevant turnover figures for that period because the company was founded or activities were initiated during the period. It is sufficient to show that the calculation of future activity is likely, in particular by means of expected business development.

(5) If several companies in the same group deliver the same or similar goods, services or construction work, the calculation shall be based on the total turnover of respectively goods, services or construction work in enterprises in the group.
Enters into force when the Ministry.

§ 3-6. Contracts awarded by or to a joint venture
(1) Procurement Act and regulations do not apply to contracts

A)
as a joint venture is included with one or more of the principals that the joint venture is composed of, or

B)
as client enter into a joint venture which he is a part.

(2) The first paragraph applies only joint enterprise established to exercise supply activity at least three years, and where the principals have stated in the memorandum that they will be part of the joint venture at least the same period.
Enters into force when the Ministry.

Chapter 4. Definitions

§ 4-1. Contract Types in these regulations

A)

Contract: mutual burdening agreement that one or more principals included in writing with one or more suppliers;

B)

Supplies contract: contract for the purchase, hire purchase, leasing or renting with or without the right to purchase goods. A supplies contract may include assembly and installation work;

C)

Service contract: contract for the performance of services, except contracts referred to in subparagraph d;

D)

Construction contract: contract

1.
Execution or both the execution and planning of construction work in connection with activities as specified in Annex 2,

2.
Execution or both the execution and planning of a construction work or

3.
Embodiment in any way of a construction work that meets the requirements set by an entity that has decisive influence on the nature of the work or planning;

E)

Construction work: the result of a set of construction activities which in its entirety is sufficient to fulfill an economic or technical function;

F)

Special services: services as specified in Annex 3;

G)

Health and social services: services as specified in Annex 4;

H)

Concession contract, service contract or construction contract in which the consideration consists either solely of the right to exploit the services or construction works or such right together with payment, and where operational risk is transferred from the client to the supplier;

I)

Framework agreement: an agreement which one or more contracting authorities enter into with one or more suppliers, and whose purpose is to determine the contractual terms of the contracts that the entity should be included within a specific period, especially on price and quantity.

Enters into force when the Ministry.

§ 4-2. Documents in these regulations

A)

Tender: all documents, except the announcement, as the principal design or referencing to describe or determine elements of the procurement or competition, including documents describing what is to be purchased, the contract terms and how the entity will carry competition, qualification documents and any supplementary documents and disclosures

B)

Procurement documents: A generic term for the announcement, the tender documents and the European declaration form.

Enters into force when the Ministry.

§ 4-3. Coordinated procurement in these regulations

A)


Purchasing central: an entity which carries out coordinated procurement and optionally performs related procurement services

B)

Coordinated procurement, activities on a permanent basis is performed on one of the following ways:

1.
Procurement of goods and services for use by principals

2.
Conclusion of contracts for goods, services or building and construction work for principals

C)

Associated procurement services: support to purchasing activities, in particular in terms of

1.
Product to provide technical infrastructure that enables clients to sign contracts

2.
To advise on the implementation or design of procurement

3.
Prepare and conduct procurement on behalf of principals.

Enters into force when the Ministry.

§ 4-4. Standards and specifications in these regulations

A)

Standard: a publicly available technical specification approved by a recognized national, European or international standardization body

B)

European technical assessment: assessment of the significant properties of construction materials performance in accordance with a European assessment document as defined in Regulation (EC). 305/2011 (Construction Products Regulation) Article 2. 12

C)

Common technical specification: a technical specification for ICT which have been prepared in accordance with Regulation (EC). 1025/2012 Article 13 and 14

D)

Technical reference: a product from the European standardization bodies, other than European standards, which have been prepared by established procedures for the development of market needs

E)

CPV code: a reference number which refers to the European Commission common classification for public procurement

F)

CPC code: a reference number which refers to the United Nations central produktnomenklatur.

Enters into force when the Ministry.

§ 4-5. Other definitions apply in these regulations

A)

Doffin: the Norwegian official database for announcements;

B)

TED database: the European official database for announcements;

C)

Supply activities: activities as defined in § 1-3 to § 1-9;

D)

Lifecycle: All phases throughout the works, service or construction work life from the procurement of raw materials or the work-up of resources to disposal, discarding or termination. This includes research and development, production, trade, transport, use and maintenance;

E)

Alternative offer: an offer that the client's request describes a different solution than the one described in the procurement documents;

F)

Affected vendors: vendors who have submitted a request to participate in the competition and have not received a notification that the request is denied or rejected, and all vendors has offered;

G)

Waiting period: the period between the notification of the choice of supplier and the time the client at the earliest may conclude the contract;

H)

Innovation: the introduction of a new or significantly improved product, service or process, including manufacturing, building or construction processes, a new marketing method or a new organizational method in business practices, workplace organization or external relations.

Enters into force when the Ministry.

Chapter 5. Applicability of the different parts of the regulation and thresholds

§ 5-1. Scope
(1) Part I applies to all procurements covered by the regulation.

(2) Part II applies to contracts with an estimated value equal to or exceeding EEA threshold values ​​in § 5-2, first paragraph, except contracts for special services and contracts for health and social services.

(3) Part III applies to contracts for special services and contracts for health and social services with an estimated value equal to or exceeding EEA threshold in § 5-2 second paragraph.

(4) Part IV applies to planning and design competitions with an estimated value equal to or exceeding EEA threshold of § 5-2, first paragraph a.
Enters into force when the Ministry.

§ 5-2. EEA thresholds
(1) EEA thresholds are

A)
3.5 million kroner excl. VAT. for supply and service contracts and planning and design competitions

B)
NOK 44 million excl. VAT. for works contracts

(2) EEA threshold is 8.4 million, excl. VAT. for contracts for special services and health and social services.
Enters into force when the Ministry.

§ 5-3. Calculation of the contract estimated value

(1) The contracting entity shall estimate the contract value on the basis of an estimate of the overall payment excl. VAT., including any form of option provided for in the procurement documents. Any payments or premiums to vendors to be included in the calculation.

(2) The calculation shall be properly at the time of announcement of the competition. For procurements that do not require notice, the calculation must be prudent at the time the client initiates the procurement process.

(3) If the principal consists of separate holdings, the total estimated value of all the holdings form the basis for the calculation. This does not apply when a holding themselves responsible for their procurement or certain categories procurement.

(4) The procuring entity shall not select the method of calculation or divide a contract for the purpose of exempting the contract from the regulation.

(5) For framework agreements and dynamic purchasing systems procuring entity shall assume the maximum value of all the contracts that he expects to conclude within the agreement or scheme duration.

(6) For competition for innovation partnerships procuring entity shall assume the maximum value of research and development activities to be performed during the partnership. In addition, the client taking into account the values ​​of the goods, services or construction works which he expects to get developed and procured at the proposed partnership's termination.

(7) For works contracts procuring entity shall take into account the value of the construction works and all goods and services that the client sets to vendor provided and which are necessary to carry out the work.

(8) If the client is planning to procure services, construction services or uniform goods by separate sub-contracts, the total value of all subcontracts shall be applied. If the total value of subcontracts is equal to or exceeds a threshold of § 2.5, this threshold shall apply to the decision on which part of the regulations that apply to each subcontract. For sub-contracts with an estimated value less than 650 000 for goods and services or under 8.4 million, for the construction work, applies only Part I when the value of subcontracts entered into under Part I, does not exceed 20 percent of the total value of all subcontracts that procurement is divided into.

(9) of goods and services contracts that the client enter into a regular basis or to be renewed within a specified period, a procuring entity shall estimate the contract value on the basis of

A)
the total actual value of similar contracts awarded during the preceding 12 months or the preceding financial year, if possible adjusted for expected changes over the 12 consecutive months, or

B)
the total estimated value of the contracts that will be awarded during the 12 months from the first delivery, or during the financial year if that is longer than 12 months.

(10) In contracts for leasing, rental or hire purchase of goods the following applies:

A)
for fixed-term contracts with a duration of 12 months or less value shall be calculated on the basis of the contract's total value

B)
for fixed-term contracts with a duration of 12 months, the value should be calculated on the basis of the contract's total value including the estimated residual value

C)
for indefinite contracts or contracts whose duration can not be determined closer, the value shall be calculated on the basis of the monthly value multiplied by 48.

(11) In calculating the value of certain service contracts, the following values ​​included:

A)
insurance services: the premium and other forms of remuneration

B)
banking and other financial services: fees, commissions, interest and other forms of remuneration

C)
contracts for engineering, fees, commissions and other forms of remuneration.

(12) For service contracts without a fixed total price, the following calculation:

A)
for fixed-term contracts with a duration of 48 months or less value shall be calculated on the basis of the total value for the entire duration of the contract, and

B)
for indefinite contracts or contracts with a duration of over 48 months, the value calculated based on the monthly value multiplied by 48.


(13) At the planning and design competitions procuring entity shall estimate the value on the basis of payments or prizes to participants in the competition. If the design contest will lead to the signing of a service contract, a procuring entity shall calculate the value based on the contract's estimated value in addition to any payments or prizes to participants in the competition.
Enters into force when the Ministry.

Chapter 6. Mixed procurement

§ 6-1. Joint procurement related to the exercise of the same activity in which all benefits are covered by this regulation
(1) Contracts for at least two types of benefits (goods, services or construction works) that relate to the exercise of the same activity and which are all included of these regulations shall be concluded under the rules applicable to the performance that constitute the contract's main element.

(2) In a mixed contract for different types of services (special services, health and social services and other services) or goods and services, constitutes the performance who have the highest value, the contract's main element.

(3) the total estimated contract value of the mixed contract shall be applied when calculating the value of the contract to determine which part of the regulations that apply.

(4) If the benefits of a mixed contract can be distinguished from each other in an objective manner and

A)
performance constitutes contract main element does not exceed the threshold values ​​are, and

B)
performance that does not constitute contract main element exceeding EEA threshold values,

Entity shall nevertheless conclude the contract for the part of the regulations that apply to performance exceeding EEA threshold values.
Enters into force when the Ministry.

§ 6-2. Joint procurement related to the exercise of the same activity and partially covered by the regulation and partly exempt procurement regulations
(1) A contracting authority to procure benefits which can be separated in an objective manner, relate to the exercise of the same activity and partially covered by the regulation and are partly exempt from procurement regulations may choose to enter into

A)
separate contracts under the rules applicable to the individual contract, or

B)
a mixed contract for regulation.

(2) A procuring entity to procure benefits which can not be separated from each other in an objective manner, relate to the exercise of the same activity and partially covered by the regulation and are partly exempt from procurement regulations, shall conclude a mixed contract by the rules applicable to the performance that constitute the contract main element.

(3) If a mixed contract as mentioned in the preceding paragraphs is partly covered by the EEA Agreement Article 123 applies instead § 6-5.
Enters into force when the Ministry.

§ 6-3. Joint procurement related to the exercise of the same activity and partially covered by the regulation and partly involves a concession
(1) A contracting authority to procure benefits which can be separated in an objective manner, relate to the exercise of the same activity and partially covered by the regulation and partly involves a concession, may choose to make

A)
separate contracts under the rules applicable to the individual contract, or

B)
a mixed contract for regulation. If the performance is included in this regulation does not exceed the threshold values ​​are in § 5.2, shall nevertheless concession contract regulations when performance covered by the concession contract regulations exceeding EEA threshold in the concession contract Regulations § 5-1.

(2) A procuring entity to procure benefits which can not be separated from each other in an objective manner, relate to the exercise of the same activity and partially covered by the regulation and partly involves a concession shall conclude a mixed contract for rules applies to performance constitutes contract main element.

(3) If a mixed contract as mentioned in the first or second paragraph partially contain defense or security elements, in lieu § 6-5.
Enters into force when the Ministry.

§ 6-4. Joint procurement related to the conduct of several activities
(1) An entity that will acquire the benefits relating to the conduct of several activities, may choose to make:

A)
separate contracts under the rules applicable to each activity;

B)
a mixed contract under the rules applicable to the activity that procurement is primarily intended. This assumes that the choice to enter into a mixed contract not be taken with a view to exempting the contract from the regulation, procurement regulations or concession contract regulations.


(2) If it is objectively impossible to determine which activity the contract is mainly intended, and one activity are included in this regulation and the other activity is covered by the procurement regulations, the contract entered into pursuant to procurement regulations. This regulation applies nevertheless when performance is covered by this regulation exceeding EEA threshold of § 2.5, but performance covered by the procurement regulations, not exceeding EEA threshold values ​​in procurement Regulations § 5-3.

(3) If it is objectively impossible to determine which activity the contract is mainly intended, and one activity are included in this regulation and the other activity covered by the concession contract regulations, the contract entered into pursuant to the Regulations. Concession Contract Regulations apply nonetheless when performance covered by the regulation, exceeding EEA threshold in the concession contract Regulations § 5-1, while performance covered by the regulation, not exceeding EEA threshold values ​​in § 5.2.

(4) If it is objectively impossible to determine which activity the contract is mainly intended, and one activity are included in this regulation and the other activity is neither covered by the regulation, procurement regulations or concession contract regulations, the contract concluded by Regulation .

(5) If a mixed contract as mentioned in the first paragraph contains defense or security elements, in lieu § 6-5.
Enters into force when the Ministry.

§ 6-5. Joint procurement partially covered by the regulation and partly contain defense or security elements
(1) A contracting authority to procure benefits related to the exercise of the same activity that can be distinguished in an objective manner, and partly covered by Regulation and partly contain defense or security elements, may choose to make

A)
separate contracts under the rules applicable to the individual contract, or

B)
a mixed contract.

(2) A procuring entity to procure benefits relating to the conduct of several activities in which one activity covered by the regulation and the second activity relates to defense and security elements, can enter into a mixed contract.

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

(4) Acquisition Act and Regulations do not apply to mixed contracts referred to in subsection mixed contracts for such benefits that can not be separated from each other in an objective manner and mixed contracts pursuant to subsection and part of which is covered by the EEA under Article 123.

(5) The contracting entity may choose rules of the regulations or regulations on defense and security procurement shall apply to mixed contracts referred to in subsection mixed contracts for such benefits that can not be separated from each other in an objective manner and mixed contracts for second paragraph, and partly covered by the regulations on defense and security procurement. This does not apply when subsection applies.
Enters into force when the Ministry.

Chapter 7. General Provisions

§ 7-1. Documentation duty
(1) The contracting entity shall keep records that are sufficient to justify major decisions in the procurement process.

(2) The contracting entity shall keep the contract throughout the contract period.
Enters into force when the Ministry.

§ 7-2. Freedom For public access to the documents relating to public procurement applicable Freedom of Information Act. Clients who are not covered by Freedom of Information Act, will give the public access to supply and service contracts with a value of at least 8.4 million, excl. VAT. and works contracts with a value of at least NOK 84.5 million excl. VAT. The provisions of the Freedom of Information Act for exemption from disclosure shall apply accordingly.
Enters into force when the Ministry.

§ 7-3. Confidentiality
(1) The execution of a procurement covered by the regulations, the rules of confidentiality in the Public Administration. For clients who are not covered by the Public Administration, the Public Administration Act § 13 accordingly.

(2) The Buyer may make demands on suppliers to protect information of a confidential nature made available to them in connection with an acquisition.
Enters into force when the Ministry.

§ 7-4. impartiality

(1) The execution of a procurement covered by the regulation, the rules concerning the impartiality of the Public Administration Act § 6 to § 10 and the Local Government Act § 40 no. 3. For clients who are not covered by the Public Administration, the Public Administration Act § 6 to § 10 accordingly.

(2) The contracting entity shall take appropriate measures to prevent, identify and remedy instances of disqualification.
Enters into force when the Ministry.

§ 7-5. Deadline Calculation All time limits shall be calculated in accordance with regulations on deadlines in the EEA Agreement.
Enters into force when the Ministry.

§ 7-6. Language requirements The client can design all documents in Norwegian, and may require that the supplier designing deals and other documents in Norwegian.
Enters into force when the Ministry.

§ 7-7. Central purchasing
(1) The contracting entity may acquire

A)
goods and services of central purchasing;

B)
goods, services and construction services through central purchasing. This can happen when the commissioner uses contracts or framework agreements which have been concluded or dynamic purchasing arrangements established a procurement center. The Buyer shall then be identified in the notice.

(2) If the client is purchasing benefits from or through a purchasing central, he is deemed to have complied with the regulations. Buyer is still responsible for complying with the rules of the parts of the contract which he conducts, including when he enters into contracts under procurement panel framework agreement or dynamic purchasing system.

(3) The contracting entity may enter into contracts for coordinated procurement activities with a purchasing central without following regulations. Such contracts may also include associated procurement services.
Enters into force when the Ministry.

§ 7-8. Limiting the number of joints in the supply chain
(1) Entities mentioned in § 1-2, first paragraph a to d shall require that suppliers can have a maximum of two links in the supply chain under when will carry out construction work or cleaning services covered by CPV code 90910000 (cleaning) in contracts with an estimated value equal or above 3.5 million excl. VAT.

(2) The contractor may accept several stages in the supply chain if necessary to ensure adequate competition. The maximum number of joint client can accept, shall be stated in tender documents. After the contract is signed, the client may accept several levels if, due to unforeseen circumstances is necessary to implement the contract.
Enters into force when the Ministry.

Part II. Procurement of EEA thresholds

Chapter 8. Dialogue with the market before the competition

§ 8-1. Preliminary investigations
(1) The contractor may conduct market research to prepare the contract and provide information to vendors about their plans and needs.

(2) The contractor may seek or receive advice from independent experts, governments, suppliers or other market. The suggestions can be used in the planning and implementation of the procurement. The assumption is that ministers have not distortive effect or lead to violations of the principle of equal treatment.
Enters into force when the Ministry.

§ 8-2. Dialogue with suppliers before competition
(1) When a provider or an enterprise affiliated provider has given advice to the client prior to the competition, a procuring entity shall take appropriate measures to ensure that the supplier does not get an unfair competitive advantage if he participates in the competition. The same applies if the supplier has been involved in planning the competition otherwise.

(2) Appropriate measures will include:

A)
making sure that the other vendors who participate in the competition, they receive the same relevant information is exchanged in dialogue with the vendor in planning the competition

B)
to determine an adequate time limit for receipt of tenders to compensate for any benefits.

Enters into force when the Ministry.

Chapter 9. Election of procurement procedure

§ 9-1. Permitted procurement procedures
(1) The client can always use an open tender, restricted tender procedure, a negotiated procedure after prior publication or competitive dialogue.

(2) The contractor may use the competition for innovation partnerships to develop and acquire innovative goods, services or construction works.

(3) The contractor may use the negotiated procedure without prior publication only if the conditions of § 9.2 are met.


(4) The contractor may conduct a procurement without competition only if the conditions of § 9-3 are met.
Enters into force when the Ministry.

§ 9-2. Terms of use of a negotiated procedure without prior publication The contractor may use the negotiated procedure without prior publication if

A)
principal in prior competition which was announced after § 17.2, did not receive requests to participate in the contest or offer. The same applies if the client only received requests or proposals that should or could be rejected under § 2.20, or only received offers that obviously did not fulfill the client's needs or requirements as a result of significant deviations from the procurement documents. The Buyer may not make substantial changes to the required specifications or contract terms;

B)
client shall enter into a contract for research, experiment, research or development purposes, and not to achieve profits or recover research and development costs. This does not apply if the signing of the contract affects the conditions for the conclusion of subsequent contracts which mainly serve the same purpose;

C)
client shall enter into a service contract with one of the winners of a design contest. The procuring entity shall invite all winners to negotiations;

D)
it is impossible to comply with the deadlines for an open tender procedure, a restricted tender procedure or negotiated procedure after prior publication as a result of circumstances not attributable to the contracting entity and that the entity could not foresee. The contract value shall be no greater than is strictly necessary;

E)
contract terms covering purchases necessary because a contract is known without effect for procurement law § 13. This applies only when it is impossible to comply with the deadlines for an open tender procedure, a restricted tender procedure or negotiated procedure after Tendering and contracting entity not included contract for a period longer than necessary to implement such a competition.

Enters into force when the Ministry.

§ 9-3. Terms of procurement without competitive contracting entity may conduct a procurement without competition if

A)
it is impossible to conduct a negotiated procedure without prior publication pursuant to § 9-2

B)
procurement concerning benefits that only a particular vendor can deliver because

1.
Purpose is to create or acquire a unique work of art or a unique artistic performance,

2.
Competition is impossible for technical reasons or

3.
Supplier has a monopoly, including intellectual property rights.

Ranked. 2 and 3 applies only when there are no reasonable alternatives and the lack of competition is not because the principal has adapted procurement documents to a particular supplier;

C)
client shall enter into a commodity contract for additional deliveries by the original supplier. Additional deliveries will be calculated on either partially replace supplies or installations or to extend existing supplies or installations. This applies only when a change of supplier would compel the entity to procure goods with technical features that are incompatible with the original deliveries or installations, or that would make operations and maintenance disproportionate technically difficult. The duration of the original contract and the contract for additional supplies should normally not exceed three years;

D)
client shall conclude a contract for new services or construction works which are a repetition of similar services or construction services performed in connection with an earlier contract between the principal and the same supplier. This applies only when the previous contract entered into after a competition which is announced in accordance with § 17.2, and the new services or construction works are in accordance with the project that this contract came. The Buyer shall be in tender documents for the original competition specify the scope of such new services or construction services, conditions for entering into a new contract for these services, and that he reserves the right to conclude the contract without competition. The contracting entity shall include the estimated value of the new services or construction work in the calculation of the value of the original contract. The client can enter into such a contract until three years after the original contract was signed;

E)
procurement case of goods listed and purchased on a commodity exchange;

F)

Commissioner to procure goods at a price that is significantly below normal market prices, on the basis of an exceptionally advantageous tender which is in a very limited period;

G)
contract concerning goods or services that the client can obtain on particularly advantageous terms from a supplier who has stopped enterprise, or with a custodian of a bankruptcy, a debt negotiation or a similar process authorized by law or regulation;

H)
client shall enter into a service contract with the winner of a design contest.

Enters into force when the Ministry.

Chapter 10. Tender

§ 10-1. Tender
(1) The contracting entity shall draw up a document, unless notice containing the information specified in subsections.

(2) The tender documents will be made available from the day the client announces competition in the TED database or sends an invitation to confirm interest, cf. § 10-3. By procurements conducted using a qualification system shall tender documents will be made available as soon as possible and at the latest when the client sends the invitation to tender.

(3) The tender documents shall contain the following information, unless they are already adequately described in the announcement:

A)
what is to be procured, including any specifications and labeling requirements, cf. Section 11 and absolute requirements that all vendors must meet

B)
the contractual terms governing the assignment, cf. § 15-1

C)
whether the entity will enter into a framework agreement, an innovation partnership or establish a dynamic purchasing system, cf. Chapter 22

D)
how the client will complete the competition, including

1.
The procurement procedure selected, cf. Chapter 9

2.
The deadlines within which, cf. Section 16

3.
The eligibility and selection criteria providers must meet, ref. Chapter 12

4.
What award criteria as applied, cf. Chapter 14

5.
Communication requirements, cf. Chapter 18

6.
Whether online directories or online auctions will be used, ref. Chapter 23

E)
which requirements apply to the content and design of a request to participate in the competition or an offer

F)
other information that is relevant for the preparation of a request to participate in the competition or an offer.

(4) In the competition for innovation partnerships should tender documents also contain the following information:

A)
a description of the need for the innovative product, service or works

B)
which arrangements apply to intellectual property rights.

(5) The customer has the risk of ambiguities in the tender documents.
Enters into force when the Ministry.

§ 10-2. Any corrections, supplements or amendments of tender documents
(1) Before bidding deadline expired client may make corrections, additions and amendments to the tender documents which are not essential. Such corrections, supplements and amendments shall immediately be sent to all suppliers who have received the tender documents.

(2) Upon request from a supplier procuring entity shall provide additional information on the tender no later than six days before the offer deadline, provided that the supplier has asked them in sufficient time in advance. In urgent cases, cf. § 16-2 third paragraph, the deadline for providing such information four days. Information provided on request from a supplier, should be sent to all suppliers participating in the competition.

(3) For corrections, supplements and amendments of tender documents procuring entity shall extend the deadline in accordance with § 16-1 third paragraph.
Enters into force when the Ministry.

§ 10-3. Electronic access to tender documents
(1) The contracting entity must provide free, direct and unlimited online access to tender documents. Announcement or invitation shall include the Internet address where the tender documents are available.


(2) If the principal can not provide free, direct and unlimited online access to parts of the tender documents for the reasons specified in § 18.4, he shall specify in the notice or the invitation to confirm interest how vendors can access these documents. By procurements conducted using a qualification system, the information specified in the invitation to tender. The Buyer shall then extend the deadline by five days, except in urgent cases, cf. § 16-2 third paragraph, where the deadline is established by a joint agreement, ref. § 16-3 second paragraph.

(3) If the client can not provide free, direct and unlimited online access to parts of the tender because it contains information of a confidential nature, cf. § 7-3 second paragraph, he states in the notice or the invitation to confirm interest set what measures are necessary to ensure the confidentiality of information, and how vendors can access the documents. By procurements conducted using a qualification system, the information specified in the invitation to tender. The Buyer shall then extend the deadline by five days, except in urgent cases, cf. § 16-2 third paragraph, where the deadline is established by a joint agreement, ref. § 16-3 second paragraph.
Enters into force when the Ministry.

Chapter 11. Requirements Specifications mm

§ 11-1. Requirements Specifications
(1) The requirement specifications shall specify the requirements for the characteristics of the goods, services or construction works as principal shall procure.

(2) The requirement specifications shall be related to the delivery and proportionate contract purpose and value. They can show all aspects and stages in the life cycle of goods, services or construction works that contract terms, including factors involved in the production process, delivery or trade with them, or another process lifecycle. This also applies when such factors do not affect the goods, services or construction work the properties.

(3) Unless otherwise stipulated in legally binding technical rules, the requirements formulated

A)
as performance or functional requirements, including environmental characteristics;

B)
by reference to technical specifications and, in ranked order, national standards transposing European standards, European technical assessments, common technical specifications, international standards or other technical references. If none of these exist, requirements specifications refer to national standards, technical approvals or technical specifications for the design, calculation and execution of construction works and use of the goods. The instructions to be followed by the expression "or equivalent";

C)
as combinations of letters a and b.

(4) The requirements can not refer to specific makes, processes, trade marks, patents or types or of a specific origin or production which leads to certain suppliers or products are favored or excluded. Such a reference is permitted if

A)
it is necessary for the procurement purposes, or

B)
it is not possible for the client to describe the procurement sufficiently precise and understandable for third paragraph. The reference shall be followed by the expression "or equivalent".

(5) If the principal places of performance or functional requirements under subsection a, he can not reject an offer if the offered goods, services or construction works meet national standards transposing European standards, European technical assessments, common technical specifications, international standards or other technical references and these standards are intended to cover performance or functional requirements. Contractor shall appropriately detect the supply of the goods, services or construction work that meets specifications, meet performance or functional requirements. A suitable means may include presenting test reports, certificates and other documentation under § 11-4.

(6) client can not refuse an offer on the grounds that the offered goods, services or construction works do not meet the specifications as mentioned in subsection b, if the supplier in a suitable manner demonstrate in the offer that the offered solutions complies with the specifications. A suitable means may include presenting test reports, certificates and other documentation under § 11-4.
Enters into force when the Ministry.


§ 11-2. Obligation to take account of universal design in certain procurement requirements specifications shall take account of universal design when the client to procure services to be used by persons, whether general public or employees of the client, unless exceptions can be decided individually. The requirement specifications shall refer to any provisions in laws or regulations that set requirements for universal design.
Enters into force when the Ministry.

§ 11-3. Labeling
(1) The contractor may demand a specific labeling system as evidence that the goods, services or construction works have environmental, social or other characteristics of claim specifications, award criteria or contract terms. With a labeling system is understood documents, certificates or certificates confirming that goods, services, construction works, processes or procedures meet demand labeling. The client can only demand a specific labeling scheme if

A)
all labeling requirements related to delivery and is suitable for describing the characteristics of the goods, services or construction works as principal shall procure,

B)
labeling requirements are based on verifiable and non-discriminatory criteria,

C)
labeling system is developed in an open and transparent procedure in which all relevant stakeholders can participate,

D)
labeling system is available to all interested parties and

E)
labeling requirements set by a third party provider who applies for labeling, does not exercise a controlling influence.

Buyer shall specify the labeling goods, services or construction works shall meet, if he does not require that all the requirements of a labeling system must be fulfilled.

(2) The contracting entity that requires a specific labeling system should also accept

A)
second labels certifying that goods, services or construction works comply with the corresponding labeling requirements;

B)
other documentation for that brand requirements are met, if the supplier does not have the opportunity to participate in the labeling scheme or a similar labeling system within the deadline and this is not due to the supplier. Other documentation may include technical documentation from the manufacturer.

(3) If a labeling system only meets the conditions of subsection b e, the client may design requirements specifications by reference to labeling requirements that relate to the delivery and is suitable for describing the characteristics of the goods, services or construction works which contracting entity shall procure.
Enters into force when the Ministry.

§ 11-4. Test reports, certificates and other documentation
(1) The contracting entity may require suppliers to submit a test report from a conformity assessment body or a certificate issued by such a body, as evidence that the offered goods, services or construction works meet requirements specifications, award criteria or contract terms. The conformity assessment body means a body that exerts conformity assessment activities, including calibration, testing, certification and inspection, and which are accredited under Regulation (EC) No. 765/2008.

(2) If the principal requires suppliers to submit certificates issued by a specific conformity assessment body, he must also accept certificates from equivalent bodies.

(3) The procuring entity shall accept other appropriate documentation, for example technical documentation from the manufacturer, if the provider does not have access to test reports or certifications mentioned in the first paragraph, or are unable to get them issued within the deadline, and this not due vendor itself. The documentation shall demonstrate that the offered goods, services or construction works meet the required specifications, award criteria or contract terms.
Enters into force when the Ministry.

§ 11-5. Requests for access to specifications
(1) The procuring entity shall upon request provide interested suppliers free, direct and unlimited online access to the required specifications, he regularly uses in its contracts, or requirements specifications he plans to use in a procurement covered by a pre-announcement .

(2) The procuring entity shall provide access in other ways if he can not provide such electronic access for the reasons mentioned in § 4.18 or § 3.7.
Enters into force when the Ministry.

Chapter 12. Eligibility and selection of suppliers

Qualifications

§ 12-1. Qualifications

(1) The contracting entity may establish objective rules and criteria for qualification of suppliers. The rules and criteria shall be made available to all interested suppliers.

(2) The contracting entity may require the supplier's qualifications as specified in the procurement regulations § 16-1 on the conditions set out in this provision. In that case, Procurement Regulations § 16-2 to § 16-6 and § 17-1 accordingly.

(3) In restricted procedures, negotiated after prior announcement, competition on innovation partnerships or competitive dialogue procuring entity shall not set the administrative, technical or financial requirements for some suppliers that do not apply to others, or require tests or evidence covered by already provided objective documentation.

(4) In the competition for innovation partnerships procuring entity shall in particular require the supplier's qualifications in research and development, including the development and implementation of innovative solutions.
Enters into force when the Ministry.

§ 12-2. Quality assurance standards and environmental management standards
(1) The contracting entity may require that the certificates issued by independent bodies which verify that the supplier complies with certain quality assurance standards, including requirements for universal design. Such quality assurance standards should be based on relevant European standards series certified by accredited bodies. Buyer shall accept the corresponding certificates issued by bodies in other Member States.

(2) The contracting entity may require that the certificates issued by independent bodies which verify that the supplier complies with certain environmental management schemes or standards. Buyer shall refer to the EU scheme for environmental management and audit (EMAS), other recognized environmental management systems in Regulation (EC) No. 1221/2009 Article 45 or other environmental management standards based on the relevant European or international standards by accredited bodies. Buyer shall accept the corresponding certificates issued by bodies in other Member States.

(3) The procuring entity shall accept other documentation of equivalent quality assurance measures or environmental management measures if the vendor does not have the opportunity to obtain such certificates before the deadline and this is not due to the supplier. This presupposes that the supplier proves that these measures are similar to those sought-quality standards or environmental management systems or standards.
Enters into force when the Ministry.

§ 12-3. Requirements relating to the organization
(1) The contracting entity can not reject a supplier with the rationale that the supplier must be either a natural or legal person under Norwegian law, if the supplier is entitled to deliver the benefits under the laws of the state he is established.

(2) The contracting entity may require a supplier who is a legal person, enter names and professional qualifications of the persons who will be responsible for performing the contract. Information must be provided in the request to participate in the contest or promotion. This does not apply to the procurement of goods that do not include services or assembly and installation work.
Enters into force when the Ministry.

§ 12-4. Contracts reserved for businesses with disabilities or disadvantaged persons contractor may restrict competition to businesses or programs whose main purpose is to integrate disabled or disadvantaged persons in the labor market. This applies only if at least 30 percent of employees in the organization or program has a disability or is disadvantaged. If the client uses this option, he shall indicate this in the announcement.
Enters into force when the Ministry.

Support from other businesses and participation in community

§ 12-5. Support from other businesses
(1) A supplier may, for a particular contract or admission in a qualification system, rely on the capacity of other organizations to meet the requirements of economic and financial capacity and technical and professional qualifications. This applies regardless of the legal connection between them.

(2) If a provider relies on the capacity of other entities, he must prove that he advises the necessary resources, for example by presenting a declaration of commitment from these businesses. The application for admission in a qualification system, the supplier must be able to prove that he will rule over resources throughout the qualification scheme duration.


(3) The procuring entity shall check whether the businesses which they support themselves on, meet the relevant eligibility requirements and that does not otherwise exist reasons for rejection. The procuring entity shall reject supplier if such activities do not meet the relevant eligibility requirements or are in a situation as mentioned in § 20-2 first paragraph b or c. The contracting entity mentioned in § 1-2, first paragraph a to d shall also reject provider if such activities are in a situation as mentioned in § 20-2 fourth paragraph. Buyer may reject supplier if such activities are in a situation as mentioned in § 20-2 second or third paragraph.

(4) If a supplier relies on the capacity of other organizations to meet the requirements of economic and financial capacity, the client may require that they are jointly and severally liable for performance of the contract.

(5) If a supplier relies on the capacity of other organizations to meet the requirements of education and professional qualifications or relevant professional experience, these companies perform services or construction works that require such qualifications.

(6) For the procurement of goods that includes assembly and installation work, services and construction works, the client may require that certain critical tasks be performed by the provider itself or a specific participant in a community, cf. § 12 -6.

(7) Suppliers who participate in the community, cf. § 12-6, may rely on the capacity of participants in the community, as well as other businesses.
Enters into force when the Ministry.

§ 12-6. Requirements for suppliers participating in community
(1) Several suppliers can compete together. The Buyer may only require that such community establishes a specific form of enterprise after the contract is signed and only to the extent necessary to ensure satisfactory performance of the contract.

(2) The client can set its own contract terms Community if they are objectively justified and proportionate.

(3) The client can specify how the requirements of economic and financial capacity and technical and professional qualifications will be applied in the community. The clarification should be objectively justified and proportionate.
Enters into force when the Ministry.

Selection of suppliers

§ 12-7. Selection of suppliers
(1) In a restricted tendering, negotiated procedure after prior publication, competition for innovation partnerships and competitive dialogue, the contractor may fix a lower, possibly also the upper limit for the number of suppliers who are selected to submit tenders.

(2) The contracting entity shall specify the lower and upper limit in the notice or in the invitation to confirm interest, together with objective and non-discriminatory criteria or rules for the selection of any supernumerary qualified suppliers. By procurements conducted using a qualification system, the information specified in the invitation to tender.

(3) The contracting entity shall select a number of participants is sufficient to ensure genuine competition. The client can choose fewer suppliers than stated in the notice or in the invitation if there are a sufficient number of suppliers.

(4) The contracting entity must immediately give suppliers who are not selected, a written notice of the selection. The notification must contain a brief explanation.
Enters into force when the Ministry.

Chapter 13. Eligibility Schemes

§ 13-1. Establishing a qualification system
(1) One or more principals or agencies may establish a qualification system where suppliers at all times be able to apply for admission. Granting shall be published pursuant to § 17.1 and § 17.2, third paragraph.

(2) The qualification system may involve different qualification stages. There shall be established objective rules and criteria which includes

A)
selection of providers applying for admission to the scheme,

B)
management of the scheme, including any updates of qualifications and the scheme's duration and

C)
any requirements specifications; in that case, § 11-1 to § 11-4.

(3) The rules and criteria shall be made available to interested suppliers and can be updated as needed. Providers should be informed about updates.

(4) The procuring entity shall announce changes in the scheme's duration

A)
by an announcement as referred to in the first paragraph if the scheme is not terminated, or

B)
by an announcement of signing the contract, cf. § 17-6, if the arrangement is terminated.

Enters into force when the Ministry.


§ 13-2. Recording in a qualification system
(1) Suppliers shall timely be notified if they are accepted into the scheme. If it will take longer than four months to process applications, suppliers shall not later than two months after they have been received, shall be informed when the decision will be taken, and why an extended processing time required. The processing time can not exceed six months.

(2) The suppliers which are not included in the scheme shall as soon as possible and no later than 15 days after the decision, given written notice of the refusal. The notification must contain a brief explanation.

(3) There shall be a list of suppliers that are included in the scheme. The list can be divided into categories according to the types of contracts scheme applies.

(4) A provider may be removed from the scheme if he is no longer eligible. The Contractor shall be notified and given an explanation of the decision no later than 15 days before the supplier is removed.

(5) may be charged for the application for admission to the scheme or for updating or maintaining an already achieved qualification. The fees shall be proportionate to the actual costs.

(6) A client can join an already established qualification scheme. The connection shall be published in accordance with § 17.2.
Enters into force when the Ministry.

§ 13-3. Acquisitions carried out using a qualification system An entity that will conduct a procurement using a qualification system shall enter into the contract under the rules for restricted procedures, negotiated by prior publication or competitive dialogue. The procuring entity shall only invite vendors included in the scheme, to make an offer.
Enters into force when the Ministry.

Chapter 14. Award criteria

§ 14-1. Award criteria
(1) The procuring entity shall select the offer on the basis of

A)
the lowest price,

B)
the lowest cost or

C)
the best ratio of price or cost and quality.

(2) In the selection of offers on the basis of the lowest cost should be the principal base your choice on a cost calculation, such as a calculation of lifecycle costs under § 14-2.

(3) In the selection of tenders on the basis of the best ratio of price or cost and quality may award criteria include, for example:

A)
quality, including technical, aesthetic and functional characteristics, accessibility, universal design and environmental, social and innovative characteristics

B)
the offered crew's organization, qualifications and experiences, provided that the quality of the workforce is of great importance for the performance of the contract

C)
customer service, technical support and delivery, such as delivery method and time of delivery or completion.

(4) The award criteria must be related to the delivery. The award criteria relate to the delivery when they relate to the goods, services or construction works that contract. This includes all aspects and stages in their life cycle, including factors involved in the production process, delivery or trade with them or another process lifecycle. This also applies when such factors do not affect their properties.

(5) The award criteria should not be so discretionary that they give the client an unlimited choice.

(6) In the selection of tenders on the basis of the best ratio of price or cost and quality procuring entity shall specify tildelingskriterienes relative weights. The client can enter your weight within a frame with an appropriate maximum impact. If for objective reasons not possible to weigh the award criteria, a procuring entity shall indicate them in priority order.

(7) Buyer may set a fixed price or cost, and choose deals only on the basis of other award criteria as mentioned in the third paragraph.

(8) At the competition for innovation partnerships and competitive dialogue client may only select deals based on the best ratio of price or cost and quality.

(9) The procuring entity shall specify documentation requirements for each award criterion.
Enters into force when the Ministry.

§ 14-2. Calculation of life cycle costs
(1) If the principal shall calculate life cycle costs of goods, services or construction work, he shall specify in the procurement documents the information providers should provide and what calculation he should use.

(2) In the calculation of lifecycle costs, all or some of the following costs depth as far as they are relevant:

A)

Costs as principal or other users covering such

1.
Costs related to the acquisition

2.
Operating expenses, such as consumption of energy and other resources

3.
Maintenance costs

4.
Costs lifecycle ends, for example the collection and recycling costs

B)
costs attributable to environmental impacts associated with the goods, services or construction works through the lifecycle, including costs of greenhouse gases and other pollutant emissions and other climate change costs. This only applies if the value can be quantified and verified.

(3) The method of calculating the costs referred to in subsection b shall be

A)
based on objectively verifiable and non-discriminatory criteria,

B)
available to all interested parties and

C)
based on information which suppliers must provide a reasonable efforts basis.

Enters into force when the Ministry.

Chapter 15. Contract Terms, use of subcontractors and division of procurement

§ 15-1. Contract terms
(1) The contracting entity may impose contract terms, such as economy, innovation, environment, employment and social concerns. Contract terms shall be related to the delivery and stated in the tender documents. Where there are negotiated and balanced contractual standards, the client generally use these.

(2) The contracting entity may stipulate change clauses, such as price index clauses or options. Amendment clauses shall be stated in tender documents, and it should be clearly stated what changes the client can make, to what extent and on what terms. Amendment clauses can not open that contract overarching character is changed.
Enters into force when the Ministry.

§ 15-2. Use of subcontractors
(1) The contracting entity may require the supplier specifies in the tender which parts of the contract he plans subcontractors to perform, and which subcontractors he plans to use. Use of subcontractors do not affect the supplier's contractual liability to the principal.

(2) In the procurement of goods that includes assembly and installation work, services and construction works, the client may require that certain critical tasks be performed by the vendor itself.

(3) The contractor may, before contract commencement, stipulate in the contract that the supplier must provide contact information to subcontractors and information about who has the right to sign for them. The contractor may also require to be informed of changes in such information during the contract period, including information on new subcontractors.

(4) In the procurement of services to be provided in locations which are under the client's direct supervision, and construction services, the client may require such information as mentioned in the third paragraph of subcontractors who have contracted directly with the supplier and to be participate in the performance of services or construction works.
Enters into force when the Ministry.

§ 15-3. Dividing procurement
(1) The contractor may choose to divide the procurement of sub-contracts. Buyer decide the size and content of the subcontracts.

(2) If the principal parts up procurement in sub-contracts, he shall specify in the notice or in the invitation to confirm interest, whether suppliers may submit tenders for one, several or all subcontracts. By procurements conducted using a qualification system, the information shall be specified in the invitation to tender.

(3) The contracting entity may limit the number of sub-contracts which can be assigned to a vendor. This also applies when suppliers may submit tenders for several or all subcontracts. The contracting entity shall specify the maximum number of sub-contracts which can be assigned to a vendor, in the notice or in the invitation to confirm interest. By procurements conducted using a qualification system, the information shall be specified in the invitation to tender. The Buyer shall be in tender documents stipulate objective and non-discriminatory criteria for assessing which sub-contracts to be awarded which vendors, if the evaluation of the offers for award criteria would otherwise cause that a supplier would have awarded several sub-contracts than the maximum number.


(4) If the client has allowed providers to submit tenders for several sub-contracts, he may assign a total contract to a vendor. This applies even if the supplier has not delivered the best offer for each subcontract, when the total offer from this vendor as a whole meets the award criteria better. If the principal will reserve the right to do this, it must be stated in the notice or in the invitation to confirm interest. He will also indicate which sub-contracts which can be combined in an overall contract. By procurements conducted using a qualification system, the information shall be specified in the invitation to tender.
Enters into force when the Ministry.

Chapter 16. Deadlines

§ 16-1. Determination of deadlines
(1) In determining the deadlines for receipt of requests to participate in the competition and offers procuring entity shall take into account the contract's complexity and the time it takes for suppliers to prepare requests and offers.

(2) The procuring entity shall set a deadline for which is proportionately longer than the minimum limit, if deals can only be prepared after an inspection or review of tender documents on the spot.

(3) The procuring entity shall extend the deadline for receipt of tenders prorated if

A)
changes are made in the procurement documents means that suppliers need more time to prepare the offer, cf. § 10-2, first paragraph, or

B)
client provide additional information later than six days before the deadline, or later than four days in urgent cases, cf. § 10-2 second paragraph.

(4) The Buyer is not obligated to extend the deadline in accordance with subsection if the information is insignificant for the preparation of the offer or the supplier does not have asked for additional information in a timely manner before expiry of the deadline.
Enters into force when the Ministry.

§ 16-2. Minimum limits in an open tender
(1) In an open tender the deadline for receipt of tenders be less than 30 days from the day the general notice sent to TED database. If the customer requires that prices be delivered electronically must offer shall be at least 35 days.

(2) The contractor may shorten the deadline in the first paragraph for at least 15 days if

A)
principal has published an indicative notice pursuant to § 17-3 earliest 12 months and no later than 35 days before the announcement, and

B)
the indicative notice contains all the details to be filled in statement form for guidance announcements so far this information existed on the announcement date.

(3) The contractor may shorten the deadline for at least 15 days if, in urgent cases will be impossible to meet the deadline in the first paragraph.

(4) If the principal can not provide free, direct and unlimited online access to parts of the tender documents, cf. § 10-3 second or third paragraph, a procuring entity shall extend the deadline by five days, except in urgent cases.
Enters into force when the Ministry.

§ 16-3. Minimum limits in other procedures
(1) In restricted procedures, negotiated after prior announcement, competition for innovation partnerships and competitive dialogue the deadline for receipt of requests to participate in the competition as a rule, be at least 30 days from the date the general notice sent to TED database. If the principal has announced competition by a pre-announcement, the time limit from the day the client sends the invitation to confirm interest. Deadline may not be shorter than 15 days.

(2) The contracting entity may fix the time limit for receipt of tenders in cooperation with the suppliers which will be invited to submit tenders. The assumption is that the same deadline applies to all merchants. If the principal and vendors can not agree on a deadline, the offer shall be at least 10 days from the date the client sends the invitation to tender.
Enters into force when the Ministry.

§ 16-4. Admit Else Deadline
(1) The contracting entity may fix a deadline admit else that indicates how long the deals will be binding. This period shall not be longer than is necessary.

(2) If the customer has set a deadline admit hands, apply a deadline of 30 days from the expiry of the deadline.


(3) Before the end of admit else deadline client may ask the merchants who have received offers, and that is not rejected and have not received their offers rejected under § 19-12, to extend the deadline. The client can also within a reasonable time after the expiry of the deadline to ask these suppliers to maintain supply. Admit Else deadline can only be extended and offer only held after the expiry of the deadline, when this does not lead to a substantial change in the basis for competition or supplier original offer.
Enters into force when the Ministry.

§ 16-5. The deadline for seeking an interlocutory injunction
(1) In restricted procedures, negotiated after prior announcement, competition on innovation partnerships or competitive dialogue client may set a deadline for when a petition for a temporary injunction against the principal's decision to reject a request to participate in the competition, ref. § 20.1 and § 20.2, or not choose a supplier, cf. § 12-7, must be submitted to the district court.

(2) This period shall be at least 15 days from the day after the client sends a notification pursuant to § 20 to 10, third paragraph or § 12-7 fourth paragraph.

(3) The contracting entity shall specify the deadline in tender documents and in the communication to the supplier that request is denied or rejected.
Enters into force when the Ministry.

Chapter 17. Notice

§ 17-1. Procedure for announcements
(1) The procuring entity shall publish all announcements in Doffin in accordance with the forms prescribed by the Ministry. Doffin forwards notices to TED database.

(2) The contracting entity shall draw up the announcement on Norwegian and one of the official EU languages. The client can use the translation service to Doffin. There are only announcements on EU language is authentic.

(3) A statement that is not in accordance with Chapter 17, Section 16 or announcement forms may be rejected by the Doffin.

(4) The contracting entity must be able to prove when notice is sent TED database.

(5) The notice or the information in it should not be published in Doffin or otherwise made known until the day they are published in the TED database unless TED database did not publish the announcement within 48 hours after the client has received confirmation on receipt of the notice. The national publication shall not contain information other than that published in the TED database or on a buyer profile.
Enters into force when the Ministry.

§ 17-2. Contract Notice
(1) When the contracting entity shall enter into a contract by open tender, restricted tender procedure, a negotiated procedure after prior publication, competition for an innovation partnership, competitive dialogue or introduce a dynamic purchasing system, he shall announce the competition by a common announcement.

(2) When a restricted tendering and negotiated procedure after prior publication client may instead announce the competition by a pre-announcement. An advance notice shall:

A)
specify precisely which benefits covered by the contract

B)
indicate that the contract will be signed without another announcement of the competition, and that interested suppliers are invited to register their interest and

C)
submitted for publication at the earliest 12 months and no later than 35 days before the day the client invites suppliers to confirm their interest.

(3) When the client uses a qualification system, cf. § 13-1, the requirement for announcing the competition be met through the announcement of the scheme. The announcement of the scheme shall state the purpose of the scheme, duration and how interested suppliers can access rules that apply to the scheme.
Enters into force when the Ministry.

§ 17-3. Information Notice
(1) The Buyer may make its planned acquisitions known by publishing an indicative announcement. The notice shall include a brief description of the acquisitions.

(2) The contractor may instead of publishing the indicative notice in Doffin and TED database, publish it on its buyer profile, cf. § 17-4.
Enters into force when the Ministry.

§ 17-4. Announcing the buyer profile
(1) The client can create a buyer profile on its web page that can contain information about his purchases, including information about ongoing contests, planned procurements, contracts and canceled competitions.


(2) When the client uses buyer profile to publish Information Notices, ref. § 17-3 second paragraph, he shall publish a notice of the use of the buyer profile. The client can not publish Information Notices on its buyer profile before the date such notice is the use of buying profile sent to TED database. The procuring entity shall set the date for the submission of the announcement to the TED database buyer profile.
Enters into force when the Ministry.

§ 17-5. Intention Announcement If the principal believes that he has the authority to enter into a contract without announce the contest in accordance with § 17.2, he may, that the choice of supplier is decided, announce that the contract will be signed by publishing a letter of announcement.
Enters into force when the Ministry.

§ 17-6. Announcement of contract signing
(1) When the client has signed a contract, he shall announce the contract is concluded no later 30 days after the contract was signed.

(2) The customer has no obligation to announce the conclusion of contracts under framework agreements.

(3) If the principal has announced competition by a pre-announcement and will not enter into several contracts for the period prior announcement covers, a procuring entity shall indicate this in the announcement of the contract.

(4) The contracting entity may exclude certain information from the announcement if the disclosure would

A)
prevent enforcement of rules or otherwise be contrary to the public interest,

B)
injury particular public or private enterprises legitimate economic interests or

C)
harm competition between suppliers.

(5) For contracts for research and development services to the client in the announcement restrict information about the nature and extent follows:

A)
if the contract is entered into pursuant to § 9-2 letter b, the information may be restricted to "services relating to research and development" and

B)
if competition is announced, the information is limited to information that is not less detailed than the information in the notice of competition.

Enters into force when the Ministry.

Chapter 18. Communication

§ 18-1. Mandatory use of electronic communications
(1) All communication and information exchange between the client and the contractors shall be made in writing when using electronic means of communication pursuant to this chapter.

(2) Oral communication may still be used, except in connection with the exchange of original documents, requests to participate in the competition, confirmations of interest and offers. Oral communication must be documented adequately, for example in the form of a written version or summary of the main elements of the communication or audio recordings. The contracting entity must adapt the scope of the documentation for the meaning content of interpersonal communication could have on the understanding of the procurement documents.
Enters into force when the Ministry.

§ 18-2. General requirements for tools and solutions used for electronic communications
(1) Tools and solutions used for electronic communications shall be non-discriminatory and generally available and not restrict suppliers' ability to compete. They should also work together with commonly used ICT products.

(2) Specifications and other information necessary to deliver requests to participate in the competition or offer electronically, including information about encryption and time-stamping, shall be available to all providers.

(3) The contracting entity may require the use of specific tools and solutions that are not generally available, if they are necessary to exchange relevant documents. The Buyer shall then offer alternative access possibilities or fulfillment ways. Buyer deemed to have offered satisfactory alternative access possibilities or fulfillment ways if he

A)
gives free, direct and unlimited online access to the relevant tools and solutions from announcement date or the date the client sends the invitation to confirm interest. Client shall specify the Internet address where the tools and solutions are available in the announcement or invitation;

B)
gives vendors the opportunity to participate in the competition using the temporary password or other temporary token that he free make available to merchants. Buyer is still not obliged to provide such access if the supplier himself is responsible that he can not access; or

C)

Offers an alternative channel or true way to submit bids electronically.

Enters into force when the Ministry.

§ 18-3. Requirements for the storage of requests to participate in the competition and offers etc..
(1) The procuring entity shall ensure that requests to participate in the competition and offers kept confidential, and that the content is protected from alteration and unauthorized access during transmission and storage.

(2) No person shall have access to the content of requests to participate in the competition or deals before the deadline for receipt has expired. Only authorized persons should be able to fix or change the dates for opening the requests or offers.

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

(4) The time of receipt and opening of requests for participation in the competition and offerings should be determined accurately.

(5) The Buyer shall be in satisfactory degree ensure that violations or attempted violations of this provision can be clearly traced.
Enters into force when the Ministry.

§ 18-4. Exemption from the use of electronic communication
(1) The contracting entity is not obliged to require the use of electronic means if

A)
contract or purchase means that the use of electronic means would require special tools, solutions or file formats that are not generally available or can not be treated as generally available software, and the client can not provide alternative access possibilities or fulfillment ways as mentioned in § 18-2 third paragraph

B)
file formats would be suitable for the formulation of prices, can not be treated by an open or commonly available software, or is covered by a licensing and can be downloaded by the client or made available over the internet or on another easily accessible way

C)
information to be exchanged, is expected to be of such a nature or magnitude that the use of electronic means of communication would require special equipment that is not generally accessible to the client.

(2) The Buyer is not obligated to require the use of electronic means for the delivery of physical models or scale models that can not be delivered by electronic means.

(3) The Buyer may not allow the use of electronic means if necessary to use other means of communication

A)
as a result of security breaches in the electronic communications solution, or

B)
because sensitive information can not be protected in a satisfactory manner by using electronic tools and solutions that are generally accessible to providers, or which can be made available in an alternative manner as mentioned in § 18-2 third paragraph.

(4) If the customer requires the use of electronic means, use normal mail or other suitable shipping ways, possibly combined with electronic aids.
Enters into force when the Ministry.

§ 18-5. Use of electronic signatures etc.
(1) The contractor may not require suppliers to use electronic signature or electronic ID card to gain access to the tender documents or to register their interest.

(2) The contracting entity may require suppliers on delivery of requests to participate in the competition and offer use solutions that give satisfactory assurance that he can substantiate what vendor who has supplied each request and each offers, and link the sender to content. Buyer may require the use of

A)
electronic signature

B)
electronic seals

C)
electronic identity document or temporary token if you use a third-party submission solution that supports this and can link the sender to the contents of the request or offer.

(3) The procuring entity shall in the tender documents specify the requirements for security for electronic signatures, electronic seals, electronic proof of identity and other safety precautions when using electronic means. The security level should not be higher than is necessary for relevant risk factors.

(4) When the client requires the use of electronic signatures, should he accept advanced electronic signatures supported by a qualified certificate issued by an entity which is listed on the list of registered CAs under the European Commission's decision in 2009 / 767 / EC.


(5) The contractor may after a risk assessment require the use of advanced electronic signatures. When the client requires the use of such signature or electronic seals, the requirements to formats for signature or seal be based on formats that are set out in the European Commission's decision 2011/130 / EC. Buyer shall take the measures necessary to process formats technically. The client can choose to accept other formats for signatures and seal that he is able to validate the basis of information in the signature, seal or related information.

(6) The Ministry may issue further regulations on the use of electronic signatures, electronic seals, electronic identity card, third party submission solutions and other safety precautions when using electronic means.
Enters into force when the Ministry.

Chapter 19. Implementation of the competition

Procedure and invitations

§ 19-1. Procedure for election of supplier
(1) The procuring entity shall select the offer on the basis of the award criteria set out under § 14-1. Before contracting entity has awarded the contract, he shall ensure that

A)
supplier meets the qualification requirements

B)
there are other grounds for rejection

C)
supplier meets any selection criteria.

(2) In an open competition client may choose to evaluate the deals before he checks whether the provider meets the eligibility requirements, or whether there are other reasons for rejection.
Enters into force when the Ministry.

§ 19-2. Invitation to tender, participate in the dialogue or to confirm interest
(1) In a restricted tendering, negotiated procedure after prior publication and competition for innovation partnerships, the principal in writing and simultaneously invite vendors to submit bids. By competitive dialogue procuring entity shall invite suppliers to participate in the dialogue.

(2) If the principal has announced competition by a pre-announcement, cf. § 17-2 second paragraph, he shall in writing and simultaneously invite suppliers that have expressed their interest to confirm interest.

(3) The contracting entity shall specify the Internet address where the tender documents are available in the invitation. If the customer has given free, direct and unlimited access to the tender documents of the reasons mentioned in § 18-4, and the documents are not made available in other ways, he shall transmit them together with the invitation.

(4) The invitation to submit tenders and the invitation to participate in the dialogue should include the following information, unless they are already specified in procurement documents:

A)
reference to the announcement of the competition

B)
deadline for receipt of tenders, the address for receipt of tenders and information about the language in which the offer should be designed

C)
date when the dialogue will start in a competitive dialogue, and indication of the place and the language in which the dialogue will take place

D)
which documentation evidence suppliers may be present as evidence that they meet the eligibility requirements, that there are no reasons for rejection, and that they meet any selection criteria

E)
tildelingskriterienes relative weight, or award criteria in order of priority if the objective reasons not possible to weigh them.

(5) The invitation to confirm interest shall contain the following information, unless they are already set in advance Notice:

A)
what is to be procured, the procurement scope, including all options and, if possible, any deadlines to trigger them

B)
about selected procurement procedure is restricted procedures or negotiated procedure after prior publication

C)
the possible date for the commencement or termination of contract performance

D)
information about how vendors can access the tender documents if the client can not provide electronic access to the

E)
client's address

F)
eligibility requirements and associated documentation requirements

G)
information on contract terms purchase, lease, rental or hire purchase or a combination of these

H)
award criteria, including the criteria relative weight or criteria in order of priority if the objective reasons not possible to weigh them.

Enters into force when the Ministry.

All

§ 19-3. All
(1) The tender shall be in writing and binding.

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

§ 19-4. alternative offers

(1) The contractor may permit or require alternative offers. In that case, he shall indicate this in the announcement or the invitation to confirm interest.

(2) The contracting entity may stipulate that suppliers can provide alternative services only when they also provide services that are in accordance with the solutions described in the procurement documents.

(3) The contracting entity shall specify the absolute requirements of the alternative offers shall meet, and any special requirements for the design of the alternative offers, in tender documents.

(4) If the client allows or requires variants, he shall ensure that the award criteria can be used in the evaluation of both variants and services that are in accordance with the solution described in the procurement documents.

(5) Alternative tenders shall be related to the delivery. The Buyer may not reject an alternative offer based solely on that, if it is assumed, will be a service contract rather than a commodity contract or a commodity contract rather than a service contract.
Enters into force when the Ministry.

§ 19-5. Redirection and clarification of information and documentation
(1) The contracting entity may request in writing providers for sending, supplement, clarify or supplement information received and documentation within a short additional time limit if the information or documentation seems to contain errors or ambiguities or if certain information or documents missing .

(2) A redirection, supplementing, clarification or completion by the first paragraph shall not mean that services are improved.
Enters into force when the Ministry.

Implementation of different procurement procedures

§ 19-6. Implementation of open and restricted procedures
(1) In an open tender procedure, all interested suppliers submit tenders.

(2) For a limited competitive bidding, all interested suppliers submit a request to participate in the competition. Only those suppliers invited by the contracting entity may submit tenders.

(3) It is not allowed to conduct negotiations.
Enters into force when the Ministry.

§ 19-7. Implementation of a negotiated procedure after prior publication
(1) In a negotiated procedure after prior notice, all interested suppliers submit a request to participate in the competition. Only those suppliers invited by the contracting entity may submit tenders.

(2) The contractor may negotiate with suppliers on all aspects of the offer.
Enters into force when the Ministry.

§ 19-8. Implementation of competition for innovation partnerships
(1) In a competition for innovation partnerships, all interested suppliers submit a request to participate in the competition. Only those suppliers invited by the contracting entity may submit tenders.

(2) The contracting entity must negotiate with all providers, unless he reduces the number of deals being negotiated, ref. § 19-12. Negotiations can apply to all aspects of the offer. It is not allowed to negotiate the allocation criteria and absolute requirements.

(3) Any changes in the tender as a result of the negotiations shall be sent immediately to all the remaining vendors. In the wake of such changes procuring entity shall provide suppliers sufficient time to possibly provide revised offer.

(4) The procuring entity shall terminate the proceedings by putting a common deadline for receipt of final offers from the remaining suppliers. It is not allowed to negotiate the final deals.

(5) In implementing innovation partnership procuring entity shall follow the rules of § 22-6. The client can enter into innovation partnerships with one or more partners who conduct separate research or development activities.
Enters into force when the Ministry.

§ 19-9. Implementation of competitive dialogue
(1) In a competitive dialogue, all interested suppliers submit a request to participate in the competition. Only those suppliers invited by the contracting entity may participate in the dialogue.

(2) The procuring entity shall initiate a dialogue with all providers, if he does not reduce the number of solutions, cf. § 19-12. The purpose of the dialogue will be to identify and define how the client's needs can best be met. The client can discuss all aspects of procurement with suppliers in the dialogue.

(3) The contractor may offer prizes or payments to vendors participating in the dialogue.
Enters into force when the Ministry.

§ 19-10. Termination of competitive dialogue

(1) When the client has found the solutions that can meet his needs, he will terminate the dialog. The procuring entity shall invite the remaining suppliers in the dialogue to give final offer based on solutions they have presented and emphasized in the dialogue. The final deals should contain all the elements which are mandatory and necessary to implement solutions.

(2) At the request of the principal suppliers can clarify, clarify and optimize prices. The clarifications may not involve changes to the basic aspects of deals or acquisition documents, including the needs and requirements of the contracting authority has laid down, if it is likely that such changes lead to distortions of competition or discrimination.

(3) The contractor may finish negotiate contract terms with the selected vendor to confirm financial commitments or other terms of the offer. The negotiations may not lead to changes in the fundamental aspects of the offer or tender documents, including the needs and requirements of the delegating authority, if there is a risk that such changes lead to distortions of competition or discrimination.
Enters into force when the Ministry.

§ 19-11. Common rules concerning the implementation of negotiation and dialogue
(1) The procuring entity shall treat suppliers equally in the negotiation or dialogue. The client can not in a discriminatory manner provide information that may give some suppliers an advantage over others.

(2) During the negotiations or dialogue procuring entity shall not, without the consent give other providers access to solutions or other confidential information which a provider has given. A consent to apply the specific information that the entity plans to give access to.

(3) At the request of an affected supplier, the authority shall as soon as possible and not later than 15 days after receipt of the request, providing all the affected providers written notice on the conduct of the negotiations or dialogue.
Enters into force when the Ministry.

§ 19-12. Reduction of the number of facilities or solutions
(1) In a negotiated procedure after prior publication, a competition on innovation partnerships and competitive dialogue, the client may decide that the negotiation or dialogue will occur in several phases to reduce the number of offerings or solutions. Such reductions shall be made on the basis of the award criteria.

(2) The contracting entity shall specify whether he reserves the right to reduce the number of offerings or solutions, in the notice or the invitation to confirm interest.

(3) In the final stage of the negotiations or dialogue, the number of offerings or solutions will be sufficient to ensure genuine competition. This applies only to the extent that there is sufficient many remaining offerings or solutions.

(4) The contracting entity may reduce the number of offerings or solutions first time prior to the negotiations or dialogue, if he has reserved this right in the procurement documents.

(5) The contracting entity must immediately give the merchants who have received their offer or their solutions rejected, a written notice thereof. The notification must contain a brief explanation.
Enters into force when the Ministry.

Chapter 20. Rejection

Rejection because of formal errors

§ 20-1. Rejection due to formal errors
(1) The procuring entity shall reject a supplier or an offer

A)
when the offer is not received within the deadline

B)
when the request to participate in the contest or promotion is delivered in violation of the requirements of transport, cf. Chapter 18.

(2) The contracting entity may reject a supplier or an offer

A)
when the request to participate in the competition is not received by the deadline

B)
when the request to participate in the competition or offer does not meet the design requirements as the delegating authority.

Enters into force when the Ministry.

Rejection because of conditions at supplier

§ 20-2. Rejection due to conditions at supplier
(1) The procuring entity shall reject a supplier

A)
that do not meet the eligibility requirements;

B)
when there is a conflict of interest that the entity can not remedy by less restrictive measures, cf. § 7-4;

C)
who have participated in the preparation of the competition and with this achieved an unfair competitive advantage that can not be remedied with less restrictive measures, cf. § 8-2. Before provider admissible, the principal give him an opportunity to demonstrate that participation in the preparation will not result in distortions of competition.


(2) The contracting entity may reject a supplier when he is aware that the supplier is convicted or have adopted a fine for the following offenses:

A)
participation in a criminal organization

B)
corruption

C)
fraud

D)
terrorist offenses or offenses connected to terrorist activity

E)
money laundering or terrorist financing

F)
child labor and other forms of trafficking.

(3) The contractor may also reject a supplier, unless refusal would be disproportionate,

A)
when the client is aware that the supplier has not fulfilled its obligations to pay taxes and social security contributions in the state he is established or in Norway;

B)
who is bankrupt, the subject of insolvency proceedings or in liquidation, have been involuntarily or halted enterprise, have their assets managed by a bankruptcy administrator or the court, or is in a similar process;

C)
when the client can prove that the provider has committed serious or repeated violations of provisions on environmental, labor and social issues arising from the national rules, EU rules, collective agreements or international agreements as set out in Annex 6;

D)
when there is a conflict of interest between the client and the supplier that may have negative impact on contract fulfillment;

E)
when the client has clear evidence that the supplier has signed an agreement with intent to distort competition;

F)
who have previously committed a material breach of contract in connection with the fulfillment of a contract with an employer covered by the procurement law. This presupposes that the breach has led to cancellation of contract, damages or similar sanctions;

G)
who have given grossly incorrect or misleading information that may have considerable influence on the client's decisions about rejection, selection or award, or who has failed to provide such information;

H)
who have tried to influence the client's decision or gain access to confidential information that may allow the supplier an unfair competitive advantage;

I)
when the client can prove that the supplier has otherwise committed serious errors involving doubts about his professional integrity.

(4) Entities mentioned in § 1-2, first paragraph a to d shall reject a supplier for

A)
infringements referred to in subsection

B)
infringements referred to subsection A which is established by enforceable judgment or final administrative decision.

(5) The contracting entity may fail to reject a vendor under subsection when public interest makes it necessary to enter into the contract with the supplier.

(6) Rejection of this kind may happen for acts or omissions that have been made before and during the competition.
Enters into force when the Ministry.

§ 20-3. Identification
(1) In assessing whether a supplier is inadmissible under § 20-2, fourth paragraph, ref. § 20-2 second paragraph shall be the principal juxtapose errors or violations committed by a person in the supplier's administrative, managerial or supervise, or who has the expertise to represent, control or make decisions in such bodies, with errors or violations committed by the vendor itself.

(2) In assessing whether a supplier can or should be rejected by other provisions in § 20-2, the client may equate mistakes or offenses committed by persons mentioned in the first paragraph with mistakes or violations committed by the vendor itself.

(3) In assessing whether a supplier can or should be rejected under § 20-2, errors or violations committed by another legal person equated with errors or violations committed by the vendor itself. Rejection in such cases, especially depend on an assessment of the degree of association between the companies, including person jointly and control community, and circumvention considerations.
Enters into force when the Ministry.

§ 20-4. Replacement of subcontractors
(1) If the principal during the competition becomes aware that a subcontractor is in a situation as mentioned in § 20-2 first paragraph b to c, subsection or subsection, he may require the supplier replacing the subcontractor.

(2) If a client as mentioned in § 1-2, first paragraph a to d during the competition becomes aware that a subcontractor is in a situation as mentioned in § 20-2, fourth paragraph, he shall require the supplier to replace the subcontractor.


(3) The first and second paragraphs apply correspondingly to subcontractors provider engages after the contract is signed and are in a situation as mentioned in § 20-2 second or third paragraph, when the client has required documentation for such conditions after the fourth joint.

(4) If the client wants to check if a subcontractor is in a situation referred to in § 20.2, he may require the supplier to submit documentation under § 20-7. For subcontractors that are engaged after the contract is signed, the client may require the supplier to submit certificates or other documentation rather than declarations.

(5) If a supplier relies on the capacity of a subcontractor to fulfill eligibility requirements, cf. § 5.12 applies instead provision in § 12-5 third paragraph.
Enters into force when the Ministry.

§ 20-5. Measures to avoid rejection under § 20-2
(1) The contracting entity can not reject a supplier under § 20-2 subsection or subsection c, e, f and, if the supplier can demonstrate having undertaken the following measures showing that he still has the necessary integrity as contracting party:

A)
paid compensation provider is required for any losses as a result of the relationship, or pledged as payment,

B)
actively cooperated with relevant authorities to clarify the facts and circumstances of the relationship and

C)
taken appropriate technical, organizational and personnel-related measures to prevent recurrence.

(2) In assessing whether the measures mentioned in the first paragraph is sufficient, the principal emphasis on the roughness and the particular circumstances of the error or infringement. If the customer considers the measures insufficient, he shall give the supplier a reason.

(3) The Buyer may not reject a supplier under § 20-2, paragraph a if the supplier paid amount due, including interest and penalties, or entered into a binding payment arrangement.
Enters into force when the Ministry.

§ 20-6. Rejection Period
(1) The contracting entity may reject a supplier under § 20-2 second paragraph of up to five years from the date of the final and enforceable judgment or adoption of the writ.

(2) The contracting authority may reject a supplier under § 20-2 third paragraph letter c, e, f and i, up to three years from the relevant incident.
Enters into force when the Ministry.

§ 20-7. Documentation for the absence of admissibility
(1) The European declaration form which is issued by the Ministry, will be used as preliminary evidence that the absence of admissibility. Procurement Regulations § 17-1 applies correspondingly.

(2) The procuring entity shall accept the following documentation as sufficient evidence that the absence of admissibility:

A)
criminal record or an equivalent document issued by a competent body in the supplier's home state or the state where the supplier is established, showing that there is no rejection reasons mentioned in § 20-2 second paragraph

B)
certificate issued by a competent organ of the provider's home state or the state where the supplier is established, showing that there is no rejection reasons mentioned in § 20-2 third paragraph letter a and b.

(3) If not issued documents as mentioned in the second 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 § 20-2 second paragraph and third paragraph a and b , a procuring entity shall accept the European declaration form as sufficient evidence. Buyer may require the supplier instead must submit a declaration under oath or an assurance given to a competent body in the supplier's home state or the state in which he is established, when this is stated in tender documents.
Enters into force when the Ministry.

Rejection due to elements of the Tender

§ 20-8. Rejection due to elements of the Tender
(1) The procuring entity shall reject an offer that

A)
not be considered binding

B)
contains significant deviations from procurement documents

C)
are abnormally low in relation to performance, cf. § 20-9, because it does not meet provisions on environmental, labor and social issues arising from the national rules, EU rules, collective agreements or international agreements specified in Annex 6.

(2) The Buyer may reject an offer that

A)
contains deviations from the procurement documents or ambiguities which should not be considered insignificant

B)
are abnormally low in relation to performance, cf. § 20-9, for reasons other than those referred to in subsection c

C)

Not meet provisions on environmental, labor and social issues arising from the national rules, EU rules, collective agreements or international agreements as set out in Annex 6

D)
exceed the client's budget as is evidenced established before implementation of competition

E)
client otherwise can not accept because there are similar circumstances in letters a to d.

Enters into force when the Ministry.

§ 20-9. Abnormally low supply
(1) If an offer seems abnormally low in relation to the performance, the principal in writing require the supplier to account for quotation composition, for example in the form of information about

A)
savings in preparing the way, the performance of services or construction method

B)
technical solutions or exceptionally favorable conditions available to the supplier

C)
performance innovative character

D)
fulfillment of provisions on environmental, labor and social issues arising from the national rules, EU rules, collective agreements or international agreements as set out in Annex 6

E)
any public support he has received.

(2) The contractor may only reject the offer if the price or the cost can not be explained adequately on the basis of the information.

(3) If the principal finds that an offer is abnormally low because the provider has received public support, he can not reject the offer if the supplier can demonstrate that the aid is compatible with the EEA Agreement. If the client rejects supplier on this basis, he must inform the Commission.

(4) The procuring entity shall set a reasonable deadline for receipt of submissions and documentation mentioned in the first and third paragraphs.
Enters into force when the Ministry.

Method of rejection

§ 20-10. The procedure for rejection
(1) The contracting entity shall decide the question of rejection as soon as possible. Rejection can occur at any time in the competition when it turns out that the terms of rejection are met.

(2) The Buyer may postpone the decision on dismissal until he has made any clarifications under § 19-5. In a negotiated procedure, competition on innovation partnerships or competitive dialogue contractor may postpone the decision on dismissal under § 20-8 first paragraph letter a and c or second paragraph until he has completed the negotiation or dialogue.

(3) The contracting entity must immediately provide the supplier with a written notice of rejection. The notification must contain a brief explanation.
Enters into force when the Ministry.

Chapter 21. Termination of competition

§ 21-1. Notification of the choice of supplier and grounds
(1) The contracting entity shall in writing and simultaneously give the affected providers a statement of choice of supplier before the contract is concluded. The principal shall provide a justification for the election and set a waiting period in the notice.

(2) The justification must include the name of the selected provider and an explanation of the selected quotation characteristics and relative advantages in accordance with the award criteria.

(3) The contracting entity may exclude certain information from the reasoning if dispatch will

A)
prevent enforcement of rules or otherwise be contrary to the public interest,

B)
injury particular public or private enterprises legitimate economic interests or

C)
harm competition between suppliers.

(4) If the principal finds that the decision about the choice of supplier is in breach of regulations, the decision undone until the contract is signed.

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

§ 21-2. Karen Period before entering into the contract
(1) The contractor may at the earliest enter into a contract after expiration of a waiting period stipulated by the client. Karen period shall be at least 10 days from the day after notification of the choice of supplier is sent. If the principal has granted an exemption from the requirement of use of electronic communication shall karen period be at least 15 days.

(2) The requirement standstill period does not apply

A)
when the client is not obliged to announce the competition, cf. § 9-2 and § 9-3

B)
when the selected provider is solely concerned supplier

C)
by awarding contracts under a framework agreement

D)
by awarding contracts under a dynamic purchasing system.

Enters into force when the Ministry.

§ 21-3. Suspension of the principal's permission to enter into a contract

(1) In a petition for a temporary injunction by the client's choice of supplier, suspended principal's permission to enter into a contract

A)
when the client has established a waiting period under § 21-2 first paragraph and request has been submitted by the end of karen period or

B)
when contracting entity has published a memorandum announcing under § 17-5 and request has been submitted within ten days from the day after the date of publication.

(2) The suspension occurs when the petition has been served on the client. Buyer informed suspension effect by proclamation.

(3) The court shall, simultaneously with the petition sent to the preaching schedule oral proceedings to the processing of the petition. The parties may consent to treatment instead must be in writing.

(4) The suspension lasts until the court has decided on the petition. The suspension shall however cease earliest upon expiry of karen period or after ten days from the day after the date of intention announcement.

(5) It does not occur suspension appeal against the District Court's decision.
Enters into force when the Ministry.

§ 21-4. Cancellation of the competition
(1) The Buyer may cancel the competition with immediate effect if there is a justifiable reason.

(2) The contracting entity must immediately give vendors a written notice of cancellation. The notification must contain a brief explanation and any information that he will conduct a new competition for the same contract.
Enters into force when the Ministry.

§ 21-5. Documentation duty
(1) The contracting entity must keep documentation of the procurement process that is sufficient to justify decisions:

A)
rejection

B)
limiting the number of suppliers

C)
choice of supplier

D)
use of a negotiated procedure without prior publication or procurement without competition

E)
use of exceptions in procurement law or regulation

F)
use of exemptions from the requirement electronic means.

(2) The documentation referred to in the first paragraph shall be retained for at least three years from the date of award of the contract.

(3) If the announcement of signing the contract containing the information mentioned in the first paragraph, the client may refer to this notice for this information.
Enters into force when the Ministry.

Chapter 22. Framework agreements, dynamic purchasing systems and implementation of innovative partnerships

Framework agreements

§ 22-1. Framework agreements
(1) The contracting entity must follow regulations on concluding a framework agreement.

(2) The procuring entity shall award contracts under a framework agreement on the basis of objective rules that ensure equal treatment of suppliers. The rules shall be stated in tender documents.

(3) If the rules for awarding contracts under a framework agreement means that the client should reopen the competition, it has to operate

A)
establish an adequate deadline for receipt of tenders and

B)
award the contract to the supplier who has given the best offer on the basis of the award criteria specified in the procurement documents for the framework agreement.

(4) The Buyer may not enter into framework agreements for more than eight years, unless there are special circumstances, such as relating to its purpose, investment costs or user needs.
Enters into force when the Ministry.

Dynamic purchasing schemes

§ 22-2. General rules on dynamic purchasing systems
(1) The contracting entity may use a dynamic purchasing system to procure benefits not need special adaptations to meet his requirements such as shelf items.

(2) All vendors should be allowed to apply for admission to the scheme throughout its duration.

(3) The procuring entity shall implement the scheme as a fully electronic process. All communication must take place using electronic means.

(4) The scheme can be divided into categories which are objectively defined on the basis of the characteristics of the procurements to be undertaken within each category. Such characteristics may include the maximum allowable size of the contracts or the geographic area where the contracts to be performed.

(5) The contractor may not charge a fee from suppliers for applications for admission in or implementation of the scheme.
Enters into force when the Ministry.

§ 22-3. Establishing a dynamic purchasing system
(1) The establishment of a dynamic purchasing system procuring entity shall use a restricted tender procedure.


(2) The procuring entity shall announce the establishment of the scheme under § 1.17 and § 17.2.

(3) The contracting entity shall specify the scheme's duration of the announcement. The procuring entity shall announce changes in the scheme's duration

A)
by a notice mentioned in subsection if the scheme is not terminated

B)
by an announcement of signing the contract, cf. § 17-6, if the arrangement is terminated.

(4) The procuring entity shall provide free, direct and unlimited online access to tender documents by § 10-3 during the whole scheme duration. The tender documents shall contain the following information:

A)
what and the estimated amount of principal planning to acquire

B)
any categories scheme is divided into, the characteristics that define them and what the eligibility requirements for each category

C)
other information of importance, including how the scheme works, which electronic equipment used and the technical arrangements and specifications for connection.

Enters into force when the Ministry.

§ 22-4. Recording in a dynamic purchasing system
(1) All suppliers who meet the eligibility requirements shall be recorded in the dynamic purchasing system. The Buyer may not set limits on the number of operators who will be included in the scheme.

(2) The contracting entity shall fix a deadline for receipt of applications for admission to the scheme before sending the invitations to tender in the first contract under the scheme. This period shall be at least 30 days from the date the client sends the general announcement to the TED database or the invitation to confirm interest. There is no time limit for receipt of applications after the principal has sent the invitation to submit tenders for the first acquisition.

(3) The procuring entity shall verify whether a supplier meets the qualification requirements, within 10 working days of receipt of the application for admission to the scheme. Deadline extended to 15 working days in particularly justified cases, particularly when it is necessary to consider supplementary documentation or otherwise verify that the supplier meets the qualification requirements.

(4) The Buyer may fix a deadline longer than specified in the third paragraph in tender documents to assess applications received before sending out the first invitation to tender under the scheme.

(5) The contracting entity must immediately inform the suppliers if they are included in the scheme.
Enters into force when the Ministry.

§ 22-5. Procurements under a dynamic purchasing system
(1) For each procurement under the dynamic purchasing system procuring entity shall invite all suppliers that are included in the scheme, to submit tenders, cf. § 19-2. If the scheme is divided into categories, a procuring entity shall only invite suppliers that are made in tab that contract terms.

(2) The client can not send an invitation to tender in the first contract until he has considered all applications for enrollment in the scheme that he received before the deadline in § 22-4 second paragraph.

(3) The deadline for receipt of tenders shall be at least 10 days from the day the invitation was sent. Non-state entities may set a shorter deadline in cooperation with the suppliers that are included in the scheme, in accordance with § 16-3 second paragraph.

(4) The procuring entity shall select the offer on the basis of the award criteria in the notice or the invitation to confirm interest. The award criteria can be specified in the invitation to tender.

(5) The procuring entity shall announce the conclusion of the contract in accordance with § 17-6 first paragraph.

(6) The contractor may at any time demand that suppliers are recorded in the system, delivering an updated statement, cf. Procurement Regulations § 17-1, at the latest within five working days. Procurement Regulations § 17-1 third to the sixth paragraph applies throughout the scheme's duration.
Enters into force when the Ministry.

Implementation of innovation partnerships

§ 22-6. Implementation of innovation partnerships
(1) Innovation Partnership will set objectives for the research and innovation process as partner or partners must fulfill.

(2) Innovation partnership shall be structured in phases after the order of steps in the research and innovation process. The process may include the production of goods, performance of services or the completion of construction works.


(3) The procuring entity shall ensure that innovasjonspartnerskapets structure, and particularly the duration and value of its phases, reflects the degree of innovation of the proposed solution and the sequence of research and development activities that are necessary to develop an innovative solution not yet available on the market. The estimated value of the goods, services or construction works as principal shall procure, shall be proportionate to the investment required to develop them.

(4) After each step in the process the client may terminate innovation partnership or reduce the number of partners by terminating the individual contracts on the basis of the agreed specific objectives. This applies only when the client has reserved this right and set the conditions for using it in the procurement documents.

(5) In an innovative partnership with multiple partners client may not, without the consent give the other partners access to solutions or other confidential information which a partner has provided within the framework of the partnership. A consent to apply the specific information that the entity plans to give access to.

(6) The principal shall pay remuneration in appropriate installments to the partner or partners in the innovation partnership.

(7) The contracting entity may acquire the developed goods, services or construction work only when they meet the agreed performance targets and do not exceed the agreed maximum cost.
Enters into force when the Ministry.

Chapter 23. Electronic catalogs and online auctions

Online Directories

§ 23-1. Online Directories
(1) The contracting entity may require or allow vendors provide support in the form of an electronic catalog, or that the offer includes an electronic catalog. Facilities provided in the form of an electronic catalog may be accompanied by other documents complete the offer.

(2) The procuring entity shall specify in the notice or the invitation to confirm interest whether suppliers should or could provide support in the form of electronic catalogs. By procurements conducted using a qualification system, the information specified in the invitation to tender. Buyer shall provide all necessary information about the format, which electronic equipment used and the technical arrangements and specifications for connection in tender documents, cf. § 2.18 and § 5.18.

(3) If the client has signed a framework agreement with several suppliers for a competition where offerings are given in the form of electronic catalogs, he may decide that the reopening of competition for a specific contract shall be made on the basis of updated catalogs. The Buyer shall then

A)
invite suppliers to deliver catalogs again, so that they are adapted to the requirements of the particular contract, or

B)
inform vendors that he intends to use the information that is relevant to the specific contract, as they already received catalogs. This method may be the principal use only when he has lit up the procurement documents for the framework agreement.

(4) If the client reopens the competition for a specific contract under subsection b, he shall inform vendors about the date and time he will retrieve the information and give suppliers the opportunity to refuse such retrieval. Before awarding a contract procuring entity shall disclose the information to the individual provider and give him the opportunity to confirm or deny the offer, based on this information, does not contain errors.

(5) If the client has established a dynamic purchasing system, he may demand that suppliers provide cheap a specific contract in the form of an electronic catalog. The client can also enter into a contract under subsection b and fourth paragraphs, if the application for admission in the dynamic purchasing system includes an electronic catalog that meets the specifications for the catalog and are delivered in the format of the delegating authority. When the client informs suppliers that he will enter into a contract under subsection b, they shall complete directories.
Enters into force when the Ministry.

Online Auctions

§ 23-2. General rules on electronic auctions
(1) In an open tendering, restricted tendering and negotiated procedure after prior publication client may hold an electronic auction before awarding the contract. This applies only when the content of tender documents, particularly the requirement specifications, can be accurately determined and quantified.


(2) The Buyer may not hold an electronic auction the procurement of services or construction works involving intellectual effort that makes deals can not be ranked with automatic evaluation methods.

(3) The contracting entity may hold an electronic auction on the reopening of competition under a framework agreement and the award of contracts under a dynamic purchasing system.
Enters into force when the Ministry.

§ 23-3. Preparation of an electronic auction
(1) The contracting entity must structure the electronic auction as an electronic process where suppliers repeatedly offering lower prices or lower values ​​of quantifiable elements in the offer.

(2) The auction shall be based on

A)
price alone if the principal will select offers on the basis of the lowest price

B)
price, values ​​of quantifiable elements of the offer or a combination of price and such values ​​if the principal will select offers on the basis of the lowest cost or the best ratio of price or cost and quality.

(3) If the principal shall hold an electronic auction, he shall indicate this in the announcement or the invitation to confirm interest. Procurement documents shall contain at least the following information:

A)
elements whose values ​​are the subject of electronic auction, quantified and expressed in figures or percentages

B)
any limitations on the values ​​which providers can offer, as specified in the requirements specifications

C)
what information the entity will provide vendors during the implementation of the auction, and if so, when they will receive this information

D)
relevant information concerning the auction process, including how the auction will end

E)
conditions for tilbudsgivningen, in particular any requirements for minimum permissible differences between the bids

F)
relevant information concerning the electronic equipment suppliers to use, and technical arrangements and specifications for connection.

(4) Before the contracting entity conducting the auction, he will evaluate the offers according to the award criteria and their specified weight.
Enters into force when the Ministry.

§ 23-4. Implementation of an electronic auction
(1) The procuring entity shall simultaneously invite all suppliers who are not rejected to participate in the online auction.

(2) The invitation shall contain the following information:

A)
an evaluation of vendor offerings, ref. § 23-3, fourth paragraph;

B)
the mathematical formula to be used to rank deals automatically on the basis of the new prices or values ​​offered by suppliers. If the contracting entity shall select offers on the basis of the lowest cost or the best ratio of price or cost and quality, the formula contain tildelingskriterienes weight. When the weight is set within a range with an appropriate maximum deflection, a procuring entity shall fix a specific value. If the client does variants, he will enter a separate formula for each alternative offers;

C)
all relevant information for individual connections, as well as date and time of the auction.

(3) The auction can begin no earlier than two working days after the client sends the invitation.

(4) The auction may take place in several phases. In each phase a procuring entity shall promptly provide suppliers sufficient information to enable the then determine their respective ranking. The client can provide information on the offered prices or values ​​if specified in the tender documents. During the auction client may also disclose the number of remaining participants, but not their identity.
Enters into force when the Ministry.

§ 23-5. Termination of an electronic auction
(1) The procuring entity shall terminate the online auction on one or more of the following ways:

A)
on the day and at the time specified in the tender documents

B)
when the client does not receive new prices or values ​​that satisfy the minimum permissible differences between the bids within the period that the entity has set for how long to go from receipt of the last offered price or value of auction will be terminated

C)
when the specified number of phases have been completed.

(2) If the principal will terminate the auction pursuant to subsection c, optionally combined with letter b shall invitation to participate in the auction include a timetable for each phase.

(3) After the auction has ended, a procuring entity shall select the offer in accordance with § 14-1 on the basis of results of the auction.
Enters into force when the Ministry.


Chapter 24. Changes in the contract and termination

§ 24-1. Changes allowed
(1) The Buyer may make the following changes in a contract without conducting a new competition for the regulation:

A)
changes made by an amendment clause as mentioned in § 15-1 subsection;

B)
changes resulting in an increase in the price is lower than

1.
Thresholds of § 5-2 and

2.
10 percent of the original contract value for supply and service contracts, or 15 percent of the original contract value for works contracts.

This only applies when the contract's overall grade is not changed. If it made several changes in succession, the price increase calculated on the basis of the overall price increase as a result of all the changes;

C)
changes regarding necessary additional deliveries which were not included in the original contract. This only applies when:

1.
Change of supplier may not happen for technical or economic reasons, for example because additional supplies must be able to replace or be compatible with existing equipment, software, services or installations that were acquired by the original contract, and

2.
Change of supplier would cause significant difficulty or significant additional costs for the client;

D)
changes necessary as a result of circumstances as a diligent contracting authority could not foresee. This only applies when the contract's overall grade is not changed;

E)
changes regarding change of supplier by a new supplier completely or partially enters the existing supplier's rights and obligations as a result of restructuring, such as at acquisition, merger, acquisition or bankruptcy. This only applies when

1.
The new supplier meets the initial eligibility requirements,

2.
You do not make other significant changes to the contract and

3.
Change of supplier not going to circumvent regulations;

F)
changes, regardless of value, which are not essential, ref. § 24-2.

(2) If the contract contains a price index clause, should the price increase as a result of changes pursuant to subsection b is calculated based on the adjusted price.

(3) The procuring entity shall announce changes mentioned in the first paragraph, c and d under § 17-1.
Enters into force when the Ministry.

§ 24-2. Significant changes A change is not allowed under § 24-1 first paragraph letter f if it causes the contents of the contract are materially different from the original contract. A change is always significant if it

A)
apply new conditions as if they had been part of the original competition, would have led to other providers potentially could have participated, or that the client could awarded the contract to another supplier,

B)
change contract economic balance in favor of the supplier,

C)
extends contract scope considerably or

D)
valid change of supplier in cases other than those mentioned in § 24-1 first paragraph letter e.

Enters into force when the Ministry.

§ 24-3. Termination in special cases, the Buyer may terminate a contract if

A)
there have been significant changes in the contract that requires the principal to conduct a new competition, cf. § 24-2,

B)
supplier at the time of awarding the contract was in a situation as mentioned in § 20-2 second paragraph or

C)
The Court has determined that the client has committed a violation of the EEA Agreement means that the client should not have signed the contract with the selected supplier.

Enters into force when the Ministry.

Chapter 25. Coordinated purchasing

§ 25-1. Acquisitions carried out jointly
(1) More principals may conduct procurements jointly.

(2) When several employers conducting procurements jointly in all the principals' names, are the joint responsibility to comply with the regulation. This also applies when one of her clients conducts procurement on behalf of the other principals.

(3) When several employers implement parts of the procurement jointly, are the joint responsibility to comply with the regulation only for the parts that they implement jointly. Each of the principals are responsible for complying with the rules of the parts that they conduct on their own behalf.
Enters into force when the Ministry.

§ 25-2. Coordinated purchasing with principals from other EEA States

(1) The contracting entity may acquire benefits from or through a purchasing center in another Member State in accordance with § 7-7. Purchasing center will carry out their procurement under the rules of the state where the center is located. These rules should also apply if the contracting entity itself awards a contract under a framework agreement or a dynamic purchasing system.

(2) Principals from different Member States may jointly enter into a contract or framework agreement or to establish a dynamic purchasing system. They also jointly award contracts under a framework agreement or a dynamic purchasing system.

(3) Unless otherwise provided by an international agreement, the contracting authorities carrying out a procurement jointly by subsection conclude an agreement stipulating

A)
principals' responsibilities and which national rules shall apply. Order the employer may allocate the responsibility of one or more principals and choose the rules of a Member State where at least one of her clients are located. The distribution shall be specified in tender documents; and

B)
the internal organization of the procurement, including the implementation of the competition, distribution of goods, services or construction works to be procured and the conclusion of contracts.

(4) The principal shall be deemed to have complied with regulations when he makes an acquisition of an entity that is responsible for the implementation of the contract in accordance with subsection.

(5) When principals from different Member States have established a legal entity that will conduct joint procurement for clients, they may limit cooperation to a specific period, certain types of contracts or to one or more specific contracts. Cooperation may also apply for an indefinite period, if this is stipulated in the memorandum. The following rules shall apply where the legal entity conducts procurement:

A)
rules in the Member State where the unit is located, or

B)
rules in the Member State where the entity carries out its activities.

The competent organ under the legal entity shall decide which national rules shall apply.

(6) The contracting entity shall not use the procedures in this section to avoid that national rules in law or regulation shall apply.
Enters into force when the Ministry.

Part III. Procurement of special services and health and social services

Chapter 26. Procurement of special services and health and social services

§ 26-1. Implementation of the competition
(1) The contracting entity shall determine how the competition will be implemented in the procurement documents.

(2) The procuring entity shall conduct the competition in a way that implies that suppliers are treated equally and given the opportunity to become acquainted with the conditions the client will emphasize the selection of suppliers to participate in the competition and the choice of offers.

(3) The contracting entity may take into consideration the characteristics of the performance of the implementation of the contract, including the determination of requirements for performance, contract conditions, eligibility and award criteria. This is especially true user requirements for quality, continuity, universal design, acceptable prices, availability and a comprehensive service offering, skills and experience, user participation, safeguarding the user's integrity, coping and participation in society and mobilization of resources in the user community. The client can also emphasize their need for diversity, continuity and innovation.

(4) The contracting entity may award contracts by user selection. User choice must then be the only award criterion.

(5) The contracting entity may enter into long-term contracts if it is necessary because of user needs, the contract's purpose, investment costs or other relevant reasons. The client can enter into ongoing contracts with right to termination.

(6) Chapter 18 about communication apply correspondingly.

(7) § 21-5 Documentation duty applies correspondingly.
Enters into force when the Ministry.

§ 26-2. Reserved contracts for certain health and social services
(1) The Buyer may reserve the right to participate in competitions for health and social services as specified in Annex 5 to organizations that meet the following conditions:

A)
organization's mission is to carry out public contracts relating to such services;

B)
employees own or participate in management of the organization or its employees, users or stakeholders actively participate in management;

C)
organization's surplus is used to achieve organizational goals. Any distribution or redistribution of profits shall be made in accordance with the requirements of complicity or participation referred to in subparagraph b; and

D)

Organization has not had a contract for delivery of the same services during the past three years with the same client under this provision.

(2) Contract length should not exceed three years.

(3) The notice of competition shall refer to this provision.
Enters into force when the Ministry.

§ 26-3. Contracts reserved for businesses with disabilities or disadvantaged persons contractor may restrict competition to businesses or programs whose main purpose is to integrate disabled or disadvantaged persons in the labor market. This applies only if at least 30 percent of employees in the organization or program has a disability or is disadvantaged. If the client uses this option, he shall indicate this in the announcement.
Enters into force when the Ministry.

§ 26-4. Contract Notice
(1) The contracting authority to conclude a contract, will announce the contest on one of the following ways, in accordance with § 17-1:

A)
by a general announcement

B)
at a pre-announcement

C)
by an announcement of a qualification system.

(2) The notice shall contain at least a description of what is to be purchased, and a deadline for the receipt of requests to participate in the contest, to register their interest or receipt of tenders.

(3) Advance notice shall specify that the contracts will be signed without another announcement of the competition, and that interested suppliers are invited to register their interest.

(4) Notice shall not apply if the conditions of § 9-2 and § 9-3 are met.
Enters into force when the Ministry.

§ 26-5. Intention Announcement If the principal believes that he has the authority to enter into a contract without announce the contest in accordance with § 26.4, he may, that the choice of supplier is decided, announce that the contract will be signed by publishing a letter of announcement, in accordance with § 17-1.
Enters into force when the Ministry.

§ 26-6. Announcement of contract signing When the client has signed a contract, he shall announce the contract is concluded pursuant to § 17.1 and § 17.6.
Enters into force when the Ministry.

§ 26-7. Notification of the choice of supplier and justification of choice
(1) The contracting entity shall in writing while giving affected vendors a statement of choice of supplier before the contract is concluded. The principal shall provide a justification for the choice and specify karen period in the notice.

(2) The justification must include the name of the selected provider and an explanation of the selected quotation characteristics and relative advantages in accordance with the award criteria.

(3) The contracting entity may exclude certain information from the reasoning if dispatch will

A)
prevent enforcement of rules or otherwise be contrary to the public interest,

B)
injury particular public or private enterprises legitimate economic interests or

C)
harm competition between suppliers.

(4) If the principal finds that the decision about the choice of supplier is in breach of regulations, the decision undone until the contract is signed.

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

§ 26-8. Karen Period before entering into the contract
(1) The contractor may at the earliest enter into a contract after expiration of a waiting period stipulated by the client. Karen period shall be at least 10 days from the day after notification of the choice of supplier is sent. If the principal has granted an exemption from the requirement of use of electronic communication shall karen period be at least 15 days.

(2) The requirement standstill period does not apply when the principal does not have the obligation to announce the competition, cf. § 26-4 fourth paragraph, or when the selected supplier is the only affected vendor.
Enters into force when the Ministry.

§ 26-9. Suspension of the principal's permission to enter into a contract
(1) In a petition for a temporary injunction by the client's choice of supplier suspended client's right to conclude the contract

A)
when the client has established a waiting period under § 26-8 and request has been submitted by the end of karen period or

B)
when contracting entity has published a memorandum announcing under § 26-5 and request has been submitted within ten days from the day after the date of publication.

(2) The suspension occurs when the petition is served on the defendant. Defendant informed suspension effect by proclamation.


(3) The court shall, simultaneously with the petition sent to the preaching schedule oral proceedings to the processing of the petition. The parties may consent to treatment instead must be in writing.

(4) The suspension lasts until the court has decided on the petition. The suspension shall however cease earliest upon expiry of karen period or after ten days from the day after the date of intention announcement.

(5) It does not occur suspension appeal against the District Court's decision.
Enters into force when the Ministry.

Part IV. Planning and design competitions

Chapter 27 Plan and design competitions

§ 27-1. Definition A design contest is a procurement procedure that makes it possible for the client to get prepared a planning or design work, including design, through a competition in which a jury will select one or more winners. The client can execute a design contest

A)
which should lead to the signing of a service contract with or without prizes or payments to participants

B)
exclusively with prizes or payments to participants.

Enters into force when the Ministry.

§ 27-2. Announcing
(1) When a design contest with an estimated value equal to or exceeding EEA threshold of § 5-2, first paragraph a, cf. § 5-3 thirteenth paragraph, the principal announce competition under § 17-1. If the client is planning to enter into a subsequent service contract, cf. § 9-2 letter c or § 9-3 letter h, he shall indicate this in the announcement.

(2) The procuring entity shall announce the results of a design contest soon as possible and no later than 30 days after the competition has closed, cf. § 17.1 and § 17.6, fourth paragraph.
Enters into force when the Ministry.

§ 27-3. The organization of a design contest and the selection of participants
(1) The execution of a design contest, § 21-5, § 12-3, § 12-6 and Chapter 18 equivalent.

(2) If the principal limiting the number of participants in a design contest, he shall lay down clear and non-discriminatory selection criteria. The number of participants as the client chooses, shall be sufficient to ensure genuine competition.

(3) The procuring entity shall in the notice specify criteria for the jury's evaluation of the plans and projects.
Enters into force when the Ministry.

§ 27-4. Jury
(1) The jury shall consist exclusively of natural persons who are independent of participants in the contest. If the client requires that participants have specific professional qualifications, at least one third of the members of the jury have equivalent qualifications.

(2) The jury shall make independent and independent reviews.

(3) Participants shall submit their plans and projects anonymously. The anonymity be preserved until the jury's decision or opinion exist.

(4) The jury will evaluate the plans and projects according to the criteria specified in the notice. The jury will document the evaluation in a protocol that all members must sign. The minutes shall contain the jury notices and any questions that require clarification. Questions may cover all aspects of the plans and projects.

(5) The jury can ask participants to answer the questions specified in the protocol. There shall be a complete record of communication between the members of the jury and participants.
Enters into force when the Ministry.

Part V. Final provisions

Chapter 28. Final provisions

§ 28-1. Jurisdiction of procurement in the oil sector, etc. An action for breach of regulations instituted Stavanger district court when the principal practitioner activities as defined in § 1-9.
Enters into force when the Ministry.

§ 28-2. Effective regulation applies from the time Industry and Fisheries Ministry. From the same date Regulation 7 April 2006 no. 403 on the procurement procedures in the utility sectors (water, energy, transport and postal services).

§ 28-3. Transitional rules
(1) This regulation applies procurement implemented by Regulation came into force. An acquisition is initiated when it is announced. An acquisition that are not announced, is initiated when the client has sent a request to one or more suppliers to register their interest or tender in connection with a planned acquisition.

(2) § 18-1 first paragraph on communication and information using electronic means of entry into force:

A)
1. April 2017 for central purchasing, ref. § 4-3 a

B)
1. January 2018 for state governments

C)
1. July 2018 for other principals.


(3) For communication and information exchange with suppliers who carried forward to the times indicated in the second paragraph, the following means of communication used:

A)
electronic means in accordance with Chapter 18

B)
ordinary post or other suitable shipping ways

C)
a combination of these means of communication.

Enters into force when the Ministry.

Appendix 1. List of procedures as mentioned in § 1-2 fourth paragraph

A privilege is granted in accordance with the following procedures do not constitute an exclusive or special rights as defined in § 1-2 fourth paragraph:

1.
Procurement procedures with a prior publication of the competition conducted in accordance with

A.
This regulation

B.
Procurement regulations

C.
Regulations on defense and security procurement

D.
Concession contract regulations

2.
Issuance of authorization to operate natural gas facilities in accordance with the procedure of Directive 2009/73 / EC Article 4

3.
Permission or invitation to submit tenders for new power plants in accordance with Directive 2009/72 / EC

4.
Issuing permission to provide postal services with or without exclusive rights in accordance with the procedures of Directive 97/67 / EC Article 9

5.
Issuance of a permit to perform activities relating to the exploitation of hydrocarbon in accordance with Directive 94/22 / EC

6.
Public service contracts as defined in Regulation (EC) No. 1370/2007 aimed at public passenger transport by bus, tram, train or subway as assigned on the basis of a competition in accordance with Regulation Article 5. 3, assuming the deadline in accordance with Regulation Article 4. 3 or 4.

Enters into force when the Ministry.

Appendix 2. Construction activities

Event of conflict between the CPV and NACE applies CPV classification.

NACE Rev. 11

Main Department f
Construction

Main group
Group
Subgroup
Description
CPV code

45

Construction
45000000

45.1

Preparatory construction work
45100000

45.11
Demolition of buildings and earth works
45110000

45.12
Sample Drilling and drilling
45120000

45.2

Part or complete construction and civil works
45200000

45.21
Construction of buildings and civil engineering works
45210000
Except:
-45213316
45220000
45231000
45232000

45.22
Installation of roof frames and coverings work
45261000

45.23
Construction of roads, airports and sports
45212212
and DA03
(Public *)
45230000
Except:
-45231000
-45232000
-45234115

45.24
Construction work in connection with water projects
45240000

45.25
Other specialized construction works

45250000
45262000

45.3

Building Installation works
45300000

45.31
Installation of electrical wiring and fittings

45213316
45310000
Except:
-45316000

45.32
Insulation Work
45320000

45.33
sheet metal and plumbing
45330000

45.34
Other building installation work
45234115
45316000
45340000

45.4

Done reliever building work
45400000

45.41
Brush Work
45410000

45.42
Carpentry Installation Work
45420000

45.43
Performance of flooring and wall coverings
45430000

45.44
Painting and glazing
45440000

45.45
Other works in conjunction with building completion
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

Enters into force when the Ministry.

Appendix 3. Specific services

CPV code
Description

75200000
Social Services


79611000 Job search services


79622000 Dissemination of domestic help personnel


79624000 Provision of nursing personnel

79625000
services of medical personnel


98133000 Services furnished by social membership organizations


98200000 Consultancy for equality

98500000
Activities of employers of domestic


75000000 Public administration, defense and social security services


75124000 Administrative services related to recreation, culture and religion

79995000
Administration library


79995100 Filing Services


79995200 Cataloging


92000000-92700000 Recreation, culture and sport

79950000
Organization of exhibitions, fairs and congresses

79951000
Seminars

79952000

Organization of events

79952100
Organization of cultural events

79953000
Organization of festival

79954000
Organization of company

79955000
Organization of fashion shows

79956000
Organization of fairs and exhibitions

79957000
Organization of auctions


75300000 Compulsory social security services

75310000
Contributions Services


75311000 Sick Contributions

75312000
Contributions in connection with pregnancy and childbirth

75313000
Disability

75313100
Contributions during temporary disability


75314000 Unemployment insurance

75320000
retirement plans for state employees

75330000
Family
Contributions
75340000
Barnebidrag


98000000 Other municipal, social and personal services


98120000 Services furnished by trade unions


98132000 Services furnished by political organizations

98133110
Services rendered by the youth


98130000 Miscellaneous membership organization services

98131000
Religious Services

55100000-55410000
Hotel Services


55521000-55521200 Catering to private

55521100
Matombringingstjenester

55521200
Matleveransetjenester


55520000 Catering Commercial


55522000 Catering to transport businesses


55523000 Catering to other businesses or institutions


55524000 Catering to schools


55510000 Canteen Commercial


55511000 Canteen and other cafeteria operations with restricted access


55512000 Operation of canteens

55523100
services rendered in connection with school meals

79100000-79140000
Legal services


75231100 Administrative Services regarding courts


75100000-75120000 Public administration


75125000-75131000 Administrative Services regarding tourism, support for state government services

75200000-75231000
Social Services

75240000-75252000
Services concerning public safety, law and order and the fire and rescue services


79430000 Crisis Services


98113100 Nuclear safety services


79700000-79723000 Investigation and security services

98900000
Services conducted by international organizations and bodies

98910000
Services specifically related to international organizations and bodies


64000000 Post and telecommunications services


64100000 Post and courier


64110000 Postal services


64111000 Postal services affiliated newspapers and magazines


64112000 Postal services associated letter


64113000 Postal services associated packages

64114000
Post Office Services

64115000
Rental of mailboxes

64116000
Poste restante services


64122000 Internal postal and courier


50116510 Retreading of tires


71550000 Wrought Services

Enters into force when the Ministry.

Appendix 4. Health and social services

CPV code
Description


85000000-85323000 Health and social work services


85321000 Administrative services related to social services


85322000 Municipal action programs


98133100 Improvement of community and support services to the population


98513000-98514000 Employment activities within domestic and housework


75121000 Administrative educational services


75122000 Administrative healthcare


75123000 Administrative housing services

75231200
Services to detention or rehabilitation of criminals

75231210-75231230
Services in connection with the detention and fangeledsagelse and prison services


75231240 Supervision Verge Services

80000000-80660000
Services related to training and education

Enters into force when the Ministry.

Appendix 5. Health care services covered by § 26-2

CPV code
Description


85000000-85323000 Health and social work services


75121000 Administrative educational services


75122000 Administrative healthcare


75123000 Administrative housing services

Enters into force when the Ministry.

Appendix 6. International conventions

-
ILO Convention No.. 87 Freedom of Association and Protection of the Right

-
ILO Convention No.. 98 on the right to organize and to bargain collectively

-
ILO Convention No.. 29 on forced labor

-
ILO Convention No.. 105 on the abolition of forced labor

-
ILO Convention No.. 138 on minimum age for admission to employment

-
ILO Convention No.. 111 on discrimination in employment and occupation

-

ILO Convention no. 100 on equal pay for male and female workers for work of equal value

-
ILO Convention No.. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour

-
Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol

-
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal

-
Stockholm Convention on Persistent Organic Pollutants

-
Rotterdam Convention on information and consent in trade in certain hazardous chemicals.

Enters into force when the Ministry.