Regulations on defence and security procurement Date-2013-10-04-1185 Ministry the Ministry of defence Published in 2013 booklet 14 entry into force 01.01.2014 last edited by-2016-08-31-1027 from 01.09.2016 Change applies to Norway Pursuant LAW-1999-07-16-70-§ 9, LAW-1999-07-16-69-section 16 Announced at 09.10.2013. 14.50 short title regulations on defence and security procurement Chapter overview: part I. General provisions (§ § 1-1-4-3) part II. Procurement of the EEA terskelverdiene (§ § 5-1-14-3) part III. Ikraftsetting (§ § 15-1-15-2) Appendix 1. List of different forms of construction work schedule 2. Personal statement on health, safety and environment (HSE) Appendix 3. Protocol for the defence and security procurement between 100 000 and 3.5 million excluding. sales tax.
Appendix 4. Protocol for the defence and security procurement which exceeds 3.5 million excluding. sales tax.
Appendix 5. -Priority services Attachment 6. Uprioriterte Services Authority: Provided by URkgl.res. 4. October 2013 under the legal authority of the Act 16. July 1999 No. 69 on public procurements section 9 and section 16. Promoted by the Ministry of defence.
EEA EEA referrals: Appendix XVI No. 5 c (directive 2009/81/EC, amended by Regulation (EC) No. 1251/2011, Regulation (EC) Nr. 1336/2013).
Changes: modified by regulations 14 nov 2013 No. 1551 (entry into force), 19 March 2014 Nr. 298, May 21, 2014 No.. 673 (lapsed) cf. 10 June 2014 Nr. 719, 4 feb 2016 Nr. 98, 31 aug 2016 Nr. 1027. Part I General provisions Chapter 1.. Purpose and scope section 1-1. Purpose the regulation should contribute to increased value creation in society by ensuring the most efficient use of resources by public procurement based on the businesslike and equal treatment, for in this way also attend to the need to develop and maintain a European defence and security technological and industrial base. The regulation will also help ensure that the public are acting with great integrity, so that the general public has confidence that public procurement is at a way interests of society.
§ 1-2. Who is covered by these regulations these regulations will apply to clients as: a) is the public authority as defined in § 4-1 letter q, b) is public legal authority or public undertaking as defined in § 4-1 letter r or p, or c) is not public legal authority or public undertaking which are covered by regulation 7. April 2006 no. 403 on purchase rules of the principals within water and energy supply, transport and postal services (regulation of supply), but conducts its activity on the basis of an exclusive right or special right given by the competent public authority in an EEA State. With special and exclusive rights refers to rights of the permissions granted by the competent authority by law, regulation or decision, when this involves the exercise of an activity covered by the supply regulation , will be limited to one or more businesses, and thus substantially affects the ability of other undertakings to exercise such activity.
§ 1-3. What contracts are in the scope of the Regulation (1) this Regulation applies to the award of public contracts in the defence and security area, which applies to: a) the delivery of Defense materiel, including even part components, b) delivery of classified material, including even part components, c) execution of the construction works and the delivery of goods and services that have direct connection with the material in the letter a and b and its lifetime , d) building and construction works and services to specific defence purposes, e) gradient construction works and gradient services.
(2) these regulations shall not apply to: a) contracts that can be exempted according to article 123 of the EEA Agreement, b) contracts for the acquisition or rental, without regard to the form of funding, of land, existing buildings or other real estate, or of rights to such property, c) contracts that are awarded as part of a collaborative project based on research and development and as implemented by the EEA States jointly to develop a new product , where it is relevant, the later phases of the whole or part of the product life cycle. Any such collaborative project shall be reported to the EFTA surveillance authority if the value of the contracts exceeds the threshold values in section 2-2. The message will contain the total expenses of the joint project including the proportion of the costs of research and development and cost distribution between the Contracting Parties. If applicable, the estimated share of the planned acquisition per contracting party be informed, d) contracts for arbitration and mediation services, e) contracts for financial services with the exception of insurance services, f) employment contracts, g) research and development services, when the client does not fully pay for the service or it is not fully accrue to the client to use in his business, h) contracts as a State allocates a different State , in) entered into contracts in third countries with local suppliers regarding procurement to troops stationed, if operational needs make it necessary, j) contracts that fall under intelligence activities, k) contracts that mainly aims to put a public client able to ask a public telecommunications network at their disposal or drive such a network or to provide one or more telecommunications services to the public so this is defined in Directive 2004/18/EC article 1 No. 15, l) service concession contracts, m) contracts that involve the exercise of public authority which may be exempted under the EEA agreement article 39, cf. Article 32.
(3) these regulations are applicable to contracts that are regulated by other acquisition rules and awarded: a) pursuant to an international agreement or agreement entered into in connection with the stationing of troops, b) according to an international organization special procedure and procurement made for your organization, or c) according to the international agreement concluded between one or more EEA States and one or more States which are not party to the EEA Agreement.
section 1-4. Complex contracts (1) a contract that both fall under this scope forskriftens and partly under regulation 7. April 2006 no. 402 on public procurement (regulation on public procurement) or supply the regulation shall be obtained in accordance with this regulation, provided that the assignment of a single contract is based on the factual reasons.
(2) this Regulation shall not apply to contracts where all or part of the provision can be exempted this regulation, the regulation on public procurement and supply regulation.
(3) the first and second paragraph applies only if the assignment of an individual contract is based on objective reasons. The client shall not assign one contract for the purpose of exempting the contract from this regulation, the regulation on public procurement or supply regulation.
Chapter 2. Scope of the various provisions of the regulations § 2-1. Application for forskriftens different parts (1) Forskriftens part I applies to all procurement covered by this regulation, regardless of anskaffelsens art and value.
(2) Forskriftens part I and part II applies to contracts where the estimated value exceeds the thresholds provided for in section 2-2.
(3) Contracts that apply to uprioriterte services, cf. attachment 6, follow the rules in part in even if the estimated value exceeds the thresholds provided for in section 2-2. If the acquisition exceeds the threshold values specified in section 2-2 also applies to section 8-3 and section 9-5. Similar exception applies to contracts for the execution of rehabilitation and rehabilitation services provided outside hospitals and covered by the regional health enterprises ' responsibility for specialist health services by law 2. July 1999 No. 61 about the specialist and more section 2-1a, even if the service is not provided by a nonprofit organization.
section 2-2. Threshold values and CPV-codes (1) Forskriftens part II applies to contracts where the estimated value exceeds 3.5 million excluding. sales tax. for contracts of goods and services and 44 million excluding. sales tax. for construction contracts.
(2) when the total estimated value of the contracts as referred to in section 2-3 seventh and eighth paragraph exceeds the values in this paragrafs the first paragraph, the forskriftens part II apply to all part contracts. Building and construction contracts that have an estimated value of 8.4 million excluding under NOK. sales tax. and service contracts, and the item contracts that have an estimated value of under 650 $ 100 excluding. VAT, can still be entered into after the regulation part I, if the total value of these contracts do not exceed the share 20 percent of all part kontrakters overall value.
(3) food and Fisheries Ministry can change the threshold values and CPV-codes set out in this regulation.
§ 2-3. The calculation of the estimated value anskaffelsens (1) Anskaffelsens estimated value is calculated on the basis of funders estimate of the total amount the client can come to pay, Inc sales tax. for those contracts that make up the acquisition.
(2) calculation should be durable in time for the announcements, or acquisitions that do not require the announcement, at the time the client after a proper assessment of the market starts to come up with offers.
(3) the choice of method of calculation of the estimated value not anskaffelsens should be made in order to avoid that the provisions of this Regulation apply to the contract.
(4) a planned acquisition of a specific performance cannot be split up in separate part contracts or in other ways be split in order to avoid that the provisions of this Regulation apply.
(5) when calculating the estimated value to anskaffelsens, taking into account of any form of stock options and any extensions of the contract.
(6) when calculating the estimated value to anskaffelsens, giving effect to any prizes or payments to the participants in the contest.
(7) When a service or construction work is divided into several part works as it should be entered into special contracts at the same time, the estimated value of each part work be included in the calculation.
(8) If a planned acquisition of uniform items can lead to the granting of multiple individual contracts at the same time, the total estimated value of these individual contracts are added to reason.
(9) by time-limited service contracts without fixed total price, and with a term of 48 months or less, the calculation shall be the total estimated value for the entire run time.
(10) For the tidsubegrensede service contracts or service contracts with a term of more than 48 months, where there is no established a total price, the basis of calculation should be the monthly rate multiplied by 48.
(11) For goods and services contracts entered into at regular intervals or to be renewed within a given period of time, the estimated contract value is calculated based on the following: a) either the total actual value of the successive contracts of the same type awarded during the preceding twelve months or the previous fiscal year, if possible adjusted to take account of the changes in quantity or value which can occur in the course of the twelve months following the conclusion of the original contract , or b) the total estimated value of the successive contracts awarded during the twelve months from the first delivery, or during the course of the fiscal year if that is longer than twelve months.
(12) in addition to the value of a construction contract, the estimated value of the required materials as the principal POPs to the provider's disposal for work execution, be included in the calculation.
(13) for the calculation of the estimated value of the service contracts, the following factors should be taken with when it comes to: a) insurance services: the premium payable and other forms of remuneration, and b) contracts that include engineering: fees, commissions and other forms of remuneration.
(14) for the calculation of the estimated value of contracts for lease or rental, with or without the right of first refusal for goods, is the basis for calculation: a) the total value for the time-limited contracts with duration of twelve months or less, or, for the time-limited contracts with duration of 12 months, the contract's total value including the estimated residual value, b) the monthly value multiplied by 48 for tidsubegrensede contracts or where run time cannot be determined in more detail.
(15) For framework agreements to add because the highest estimated value Inc sales tax. of all expected contracts throughout the frame agreement's expiry.
§ 2-4. Mixed contracts (1) contracts that apply to both goods and services, shall be deemed to last if the value of the goods contracts the contract includes is higher than the value of the relevant services. A contract that applies to goods, and that in relation to this includes mounting and installation works, be considered as a commodity contract.
(2) a contract that applies to services, and that in relation to this includes building and construction works, be considered as a service contract.
(3) apply to the contract both priority and uprioriterte services, policies for priority services to the application if the value of these is higher than the value of the uprioriterte services. In other cases the rules that apply to uprioriterte Services application, see. section 2-1.
Chapter 3. General rules section 3-1. Kapittelets the scope of the provisions of section 3-10 first, third and fourth paragraph and section 3-12 to section 3-15 shall not apply to employers covered by the supply regulation.
section 3-2. Basic requirements for all acquisitions (1) any acquisition should as far as possible be based on the competition regardless of the acquisition procedure that can be used.
(2) the client shall not discriminate against providers because of nationality or local affiliation.
(3) the client shall not split a planned acquisition in order to avoid that this Regulation apply.
(4) Competitions will be carried out in a way that implies equal treatment of suppliers and with the possibility for suppliers to become familiar with the conditions that should be emphasized by participation and the award of contract.
(5) the client will carry the contest in a way that stands in relation to the acquisition.
(6) the competition shall be conducted in accordance with good bidding and business custom.
(7) the principal shall ensure that the continuously reviews and the documentation that has significance for the implementation of the competition is in writing, so that a third person or an appeal body in after time can get a good understanding of the funders reviews and impartiality.
(8) the principal shall during the planning of the individual acquisition taking into account the lifetime costs, universal design and environmental impacts of the acquisition.
section 3-3. Sikkerhetsgraderte Procurement Law 20. March 1998 No. 10 in the preventive security service (security law) applies to procurements classified according to this law.
section 3-4. Confidentiality the client and its employees have a duty to prevent others from access or knowledge of the details of the technical devices and procedures, or operating and business relationship as it will be by competitive meaning to concealment, jf. Law 10. February 1967 on administrative matters concerning section 13. For clients that are not subject to administrative law, the rules of administrative law section 13 accordingly.
§ 3-5. The use of consultants by the preparation of specifications, the client shall not seek or receive advice that can be used during the preparation of specifications for a specific procurement from someone who may have financial interest in the acquisition, when this happens in a way that will be able to exclude competition.
§ 3-6. Language requirements with the exception of announcements by Chapter 9 client can design all documentation on the Norwegian, as well as require that deals with accompanying documents should be designed on the Norwegian.
§ 3-7. Deadline calculation after this regulation Deadlines should be calculated in accordance with regulation 4. December 1992 No. 910 on the implementation of the EEA Agreement annex XVI sections 6 (Rfo (EEC/Euratom) No. 1182/71) on the determination of rules for deadlines, dates, and times.
section 3-8. Reserved contracts the client can limit the competition to businesses where the majority of the affected employees are disabled, and the nature or the extent of their disability means that employees can exercise work on ordinary terms. If the client using this option, it must be stated in the announcement.
§ 3-9. Purchase Office, the client can buy goods, services and construction work from or through purchasing centres. The client who has made purchases from or through procurement centers, as defined in § 4-1 letter k, be deemed to have complied with the rules in this regulation, provided that the purchase Center has not adhered to the provisions of this regulation.
section 3-10. The use of contract standards and special contract terms (1) where there are negotiated and balanced contract standards, these as a rule used in the making of contracts.
(2) the client can establish special criteria for the implementation of a contract, provided that these are consistent with the EEA Agreement and specified in the announcement or competition basis. Terms and conditions for the execution of a contract can deal with social concerns and environmental concerns. Terms and conditions for the execution of a contract can deal with the requirements for under delivery, cf. section 8-10, and requirements to safeguard supply security and classified information, beyond what is stated in section 8-8 and section 8-9, cf. section 3-3.
(3) For the work to be performed in Norway, the client can set as a condition for the implementation of the contract that the Norwegian suppliers shall be associated with a Government-approved intern scheme. Such a condition can still only be set if it is a clearly defined need for an apprentice position in that industry.
(4) For the construction work to be performed in Norway, the client can set as a condition for the implementation of the contract that the work to be performed by the contractor and its employees in service conditions, if applicable, of the contractors and their employees, or by the use of legally hired labor. It can be set claim that use of the professionals that are not contractor or sub-contractor, shall be justified.
section 3-11. Protocol (1) the principal shall cause the Protocol for procurement which exceeds 100 000 crowns eksl. sales tax.
(2) the Protocol should describe all significant relationships and important decisions throughout the procurement process. The Protocol should at least include the information as stated by forskriftens Appendix 3 or 4.
§ 3-12. The tax certificate (1) the client shall for procurement which exceeds 100 000 crowns eksl. sales tax. require that all Swedish suppliers who deliver the offer sets forth the tax certificate for sales tax, and the tax certificate for tax.
(2) the client shall specify the input mode and the time of submission.
(3) the tax certificates should not be older than six months counted from the second paragraph.
(4) by building and construction contracts to the contractor the corresponding claim a tax certificate in all underlying conditions making of construction law by the contracts in relation to the mission, which exceeds a value of NOK 100 000 Inc sales tax. Breach of the contractor's obligation to claim a tax certificate gives the client the right to require that the contractor replace the competent company with under the entrepreneur who can provide tax certificate. The client can similarly require that the contractor will replace a sub-contractor who have not fulfilled their obligations relating to the payment of the taxes and fees. Any financial demands from under the way entrepreneurs or costs as a result of the rescission of contracts with subcontractors in this regard, shall be borne by the contractor.
section 3-13. HSE-egenerklæring (1) For the work to be performed in Norway, the principal of procurement which exceeds 100 000 crowns eksl. VAT, require that the selected vendor sets forth a personal statement in accordance with Schedule 2 that the vendor will comply with the statutory requirements in Norway within the health, safety and environment (HSE).
(2) the client shall specify the input mode and the time of submission.
section 3-14. Public For public visibility into supply and acquisition Protocol apply law 19. May 2006 no. 16 the right to transparency in the document in the public verksemd (offentleglova).
section 3-15. Impartiality By the treatment of matters covered by this regulation, shall apply the rules of impartiality in administrative law section 6 to section 10 and allowed 25. September 1992 No. about 107 municipalities and county municipalities (municipality law) § 40 no. 3. Where administrative law does not directly apply, apply the rules of administrative law section 6 to section 10 accordingly.
§ 3-16. The control of the vendor's ability to handle classified information, and more. The client should ask the national security authority to provide that the competent authority of the manufacturer's home State verifies that the vendor meets the demands of the security law ranging to the management and protection of classified information.
section 3-17. Order the Ministry of defence may give the client the cuts that are necessary to ensure the fulfillment of this regulation. Faced with employers as mentioned in law 16. July 1999 No. 69 of the public procurement section 2 first paragraph second period and the third period, it can still only be given orders as are necessary to fulfil Norway's obligations on public procurement to foreign States or international organizations.
Chapter 4. Definitions section 4-1. General definitions in this regulation refers to it with: a) construction contract: the contract that deal with either the execution, or both the execution and planning, by working in conjunction with activities specified in Schedule 1 or a building and construction work, or workmanship of any way of a construction work that meets the requirements that are set by the public employer. With the construction work meant the result of a set of construction activities as in its entirety is sufficient to fulfil an economic or technical function, b) affected vendors: vendors that has filed a request to participate in the competition and who have not received notification that their request is rejected or discarded, and all providers that have submitted offers , c): official the Doffin database for announcements, d) online: by means of electronic equipment for the processing (including digital compression) and storage of data that is transmitted, forwarded and received via cable, radio, optical or other electromagnetic media, e) research and development: all activities involving basic research, applied research and experimental development, where the latter could include the development of teknologidemonstratorer, that is, devices that displays a new konsepts or a new teknologis performance in a relevant or representative environment , f) defence material: material that is specifically designed or adapted for military purposes and military use, such as weapons, ammunition or war materials, g) gradient construction works: building and construction works for security purposes that contain or require treatment of classified information, h) graded materials: materials for security purposes that contain or require treatment of classified information, the service provider) gradient: services for security purposes that contain or require treatment of classified information , j) classified information: information that is assigned to a gradient level according to the law or instructions, with respect to national security and that have to purpose to protect against the wrongful appropriation, destruction, removal, disclosure, loss or to prevent access by unauthorized persons, k) the purchasing Central: principal or European public legal body that acquire goods or services intended for the other principals, or reallocate public contracts or is entering into frame agreements for items , services, or construction and construction for public principals, l) waiting period: the time between the notification of the contract award and the time of the client at the earliest can enter into the contract, m) contract: mutual bebyrdende agreement entered into in writing between one or more employers and one or more suppliers, n) announcements form: structured information content in the Doffin, established by the industry and Fisheries Ministry, o) lifetime: all product phases such as research and development, industrial development , production, repair, modernization, modification, maintenance, logistics, education, testing, withdrawal and disposal, p) public undertaking: any undertaking which the public authorities directly or indirectly exercise decisive influence over by virtue of ownership, capital interests or policies for the business. Decisive influence to is believed to be released when the public authorities in relation to a company either directly or indirectly: 1. owns the majority of the company's drawing capital, 2. make sure the majority of the votes attached to shares issued by the undertaking, or 3.
can appoint more than half of the members of the company's administration, management or control body, q) public authorities: State, County or municipal authorities and associations formed by one or more of these, r) public legal authority: any body which: 1. is created for that specific purpose to meet the public's needs and not of an industrial or commercial character, 2. is an independent legal entity, and 3.
in the main, are funded by the State, County or municipal authorities or other public law bodies, or if management is subject to one of these organers control, or who have an administration, management or control body where over half of the members are appointed by the State, County or municipal authorities or other public law bodies, s) writing: any expression consisting of words or figures that can be read , reproduced and then communicated. It may include electronic message when the information in this is available also for posterity, t) TED database: the European official database for announcements, u) service contract: contract, except contracts as mentioned in the letter a and z, which applies to services specified in annex 5 (priority services) and Appendix 6 (uprioriterte services), v) illegal direct acquisition: an acquisition where the client in violation of the rules in this regulation have not announced the competition , or an acquisition where the client has only announced in the Doffin when it after this regulation is a duty to announce in the TED database, w) under the vendor: the xenophobia delivery to the vendor in connection with an acquisition after this regulation, x) during delivery: mutual bebyrdende agreement entered into in writing between a selected provider for an appointment and one or more economic operators with a view to fulfilling this agreement and that pertains to building and construction work, or delivery of goods or services, y) universal design: design or arrangement of the hovedløsningen in the physical conditions so that your business can be used by General function the most possible, z) item contract: contract concerning purchase, hire purchase, leasing or rental, with or without the right to the purchase of goods, except for goods as mentioned in the letter a. a contract that applies to the delivery of the goods and that in relation to this include mounting and installation work is considered a commodity contract.
§ 4-2. Procedures in this regulation refers to it with: a) limited competitive bidding: only allow acquisition procedure that the vendors that are invited by the client to provide offers, but that does not allow negotiation, b) online auction: an electronic process in which after a first full assessment of the offers, so that they can be ranked with methods for automatic review, carried out a repeating process in which prices or new values for certain elements in the offers can be adjusted. Certain construction contracts and service contracts that include intellectual services, such as the projection of the work, may not rank with methods for automatic review, and therefore cannot be made to the subject of online auctions, c) competitive dialogue: procurement procedure where the client in one or more rounds leading a dialogue with suppliers about alternative solutions before giving competing quotations, d) competition with negotiation : the acquisition procedure where the client has access to negotiate with one or more suppliers, e)
framework agreement: agreement concluded between one or more employers and one or more vendors that have the purpose to fix the terms of the contracts to be awarded during a given period, in particular with regard to price and, where appropriate, planned quantities.
section 4-3. Standards and specifications in this regulation is meant by: a) CPV number: the reference number that refers to the European Commission's product and service codes, b) European technical approval: a technical review that concludes that a product is suitable for use in accordance with the basic requirements for construction works, on the basis of the product's properties and defined criteria for its use and exploitation. The European approval to be given by a body which is appointed for this purpose by an EEA State, c) common technical specification: a technical specification that is prepared by a procedure approved by the Contracting Parties, and that have been published in the official journal of the European Union, d) defence standard: a technical specification approved by a standards body that is specialized in the preparation of technical specifications for repeated or continual use in the defence area but as it normally is not required to apply, e) standard: technical specification approved by a recognized national, European or international standards body for repeated or ever use, but as it normally is not required to apply and that is publicly available, f) technical reference: any product from the European standards bodies, apart from the official standards, that is prepared for procedures that are introduced with the thought on the development of market needs , g) technical specifications: 1. by building and construction contracts: all technical regulations, including such as disclosed in the announcement, which sets out the required properties of a material, a product or a purchase, and where these are discussed so that they meet the requirements of the application that the client has laid down. These properties include environmental requirements, universal design, compliance assessment, functional skill, safety, dimensions, including the procedures for quality assurance, terminology, symbols, testing, test methods, packaging, marking and labelling, as well as production processes and methods. They include the corresponding rules for engineering and costs calculation, measurement methods, control and handover of building and construction works, as well as structural engineering and construction methods, as well as all other technical conditions which the client can fix by common or especially provisions pertaining to the finished works and the materials or parts which are included in such works, 2.
by item and service contracts: a specification set out in a document, which sets out the properties, by an item or service contract, which the client requires. This includes, for example, level of quality, environmental requirements, universal design, compliance review, functionally, the use of the product, safety, dimensions, including regulations that apply to the commercial designation and the product terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions, production processes and methods, as well as procedures for compliance review.
Part II. Procurement of the EEA terskelverdiene Chapter 5. The choice between different procurement procedures section 5-1. Allowable acquisition procedures (1) the provision shall be made by limited tender or competition with negotiation after the prior announcement.
(2) competitive dialogue can be used when the conditions in section 5-2 are met.
(3) competition with negotiation without prior announcement can be used when the conditions in section 5-3 are met.
section 5-2. Competitive dialogue (1) the client can use the competitive dialogue by the award of particularly complex contracts.
(2) a contract is particularly complex when the client is not able to: a) in accordance with section 8-3 third paragraph, objectively to refine the technical terms, which can fulfill their needs and purposes, or b) objectively to specify the legal or financial conditions in connection with a project.
section 5-3. Competition with negotiation without prior announcement the client can use the competition with negotiation without prior announcement in the following cases: a. If it is in a prior limited competitive bidding, competition of negotiations with prior announcement or competitive dialogue does not offer, or the promotions that are not suitable, provided that it not be made significant changes in the original terms of the contract and that it is at the request sent a report to the Ministry of defence , b. If in connection with a prior limited competitive bidding, competition of negotiations with prior announcement or competitive dialogue is delivered in offers that are incorrect or that are unacceptable according to § 8-4, section 8-8, section 8-9, section 8-17, section 8-18, section 11-3, section 11-4 or § 13-2, provided that it not be made significant changes in the original contract terms and that all the vendors who meet the requirements for participation in the competition and as in the prior competition has generated the offer in accordance with the acquisition script's formal requirements, are invited to participate, c. If the performance of technical reasons or to protect a all rights reserved, can only be a specific parish of vendor, d. If it because of the special relationship that is not due to the client and that the client could not predict, is impossible to comply with the time limits of follows from the section 10-1 and § 10-2 , e. by the emergency situation that occurs as a result of the crisis, is impossible to comply with the time limits imposed by section 10-1 to § 10-4, f. by other services associated with research and development services than those covered by section 1-3 second paragraph letter g, g. If the items in the item is to be produced a contract only with the aim of research and development. This does not apply when producing in larger quantities to prove the item's commercial opportunities or to cover research and development costs, h. by additional deliveries in a commodity contract from the original supplier to the partial renewal of normal deliveries or installations, or to the expansion of already calls made deliveries or installations, if the change of provider will impose the customer to procure equipment that is technically incompatible with existing equipment , or creating disproportionate big technical difficulties by operation and maintenance. The duration of the original contract and the additional shipment must not normally exceed five years, except under special circumstances that take into account the delivered material and installations or systems expected lifetime and the technical difficulties that a supplier could lead, in the items and, if noted an item purchased at the stock exchange, j. If the goods acquired on particularly advantageous terms, either from a supplier who finally tuning their business or a bankruptcy stay , obsessive-compulsive chord or a similar treatment, k. by additional services that were not in the original project proposal or in the original contract and the additional work that was not in the original announcement or in the original contract, provided that: 1. respect the client could not foresee makes it necessary to perform additional service or additional work in order to perform the services that was originally described ,
additional works or additional services are assigned to the original vendor, 3.
additional services or additional works not technically or financially can be separated from the original contract without significant disadvantages for the client or, if they can be separated from the original contract, yet it is strictly necessary for the completion of this, and 4.
the total value of contracts entered into for additional work or additional services does not exceed 50 percent of the value of the original contract, l. by service contracts and construction contracts for new work, which is a repetition of similar work carried out in connection with an earlier contract entered into in accordance with the general rule in section 5-1. The assumption is that the contract be awarded to the original vendor and that work is in accordance with the project that formed the starting point for the award of the first contract. The possibility that this procedure can be used, should be set the first time the collected quote for your project. Possible later to include work in the calculation of anskaffelsens value in relation to the threshold values in Chapter 2. The procedure can only be used up to five years after the original contract was stopped, unless there are special circumstances. In this review should be taken into account the delivered material and installations or systems expected lifetime and the technical difficulties that a supplier may result, m., contracts concerning the delivery of air and sea transport services to the armed forces or security forces that will be or are stationed abroad when the client is going to have to purchase such services from a vendor that can only guarantee for a quote in such a short time that the deadline for procedures limited competition or competition of negotiations after prior announcement can not be observed, n. by coverage are needed as buy as a result of that a contract is known without effect by the rules in chapter 14, provided that it is impossible to comply with the time limits set out in this regulation and the contract is not entered into for a longer period than is necessary to conduct a competition in accordance with the regulations.
Chapter 6. Frame agreements § 6-1. Framework agreements
(1) at the conclusion of framework agreements to the client following the procedure the rules arising from this regulation, until the award of contracts are made within the framework agreement. The choice of supplier to the framework agreement addresses the allocation criteria set out in section 13-2.
(2) the award of contracts within the framework agreement occurs after the procedures in section 6-2 and section 6-3.
(3) Contracts within a framework agreement can only be entered into between the original parties to the framework agreement, and without that it made significant changes in the original terms and conditions.
(4) cannot be entered into frame agreements for more than seven years, with the exception of situations where there are special circumstances. By the assessment of whether there are special circumstances, should the client take into account provided material and delivered installasjoners or systems expected lifetime, as well as the technical difficulties that a supplier can cause. Where the client will enter into a framework agreement with a duration of more than seven years, an account of the special circumstances, be given in the announcement that follows from § 9-5, cf. section 9-1.
(5) the client must not misuse framework agreements or apply them in a way that prevents, restricts or distorts competition.
§ 6-2. Framework agreement with a single supplier (1) the award of contracts within the framework contracts with a vendor is made on the basis of the criteria laid down in the framework agreement.
(2) the client may in connection with the conclusion of the contract in writing, consult the vendor, and, if necessary, request that the offer is complemented.
section 6-3. Framework agreement with several vendors (1) at the conclusion of framework agreements with several suppliers to the framework agreement shall be entered into with at least three suppliers, provided there is a sufficient number of suitable vendors and offerings.
(2) the award of contracts within the framework agreements that are entered into with several vendors, is made on the basis of the criteria laid down in the framework agreement, without that it carried new competition.
(3) If not all the terms are laid down in the framework agreement, the award of contracts made after it is implemented new competition between the parties. The competition is conducted on the basis of the criteria that was used to assign the frame agreement. The terms can be emphasized. Competition can also be based on other criteria, provided that these are in the competition the basis of the framework agreement. The competition will be implemented in the following way: a. for each contract to be entered into to the client in writing consult the vendors that are able to carry out the contract, b. the client shall fix an adequate deadline of submission of offers on the individual contracts. When determining the time limit it shall be taken into account conditions that complexity of the contract and the time needed to prepare offers, c. will be submitted offers in writing and the content to be kept confidential until the expiration of the set deadline for quotation, and d. the client assigns to each contract for the provider who has given the best offer on the basis of the allocation criteria set out in the competition the basis of the framework agreement.
Chapter 7. Communications section 7-1. Rules for communication (1) All communication and information exchange as referred to in this chapter may, at funders choice, happen by mail, fax or by electronic communication.
(2) the means of communication Chosen shall be generally available and not be mitigating for suppliers ' access to the competition.
(3) The security services and security products used by electronic communications, as well as their technical characteristics, must be non-discriminatory, generally available and work with information and communication technology products in general use.
(4) communication, Exchange and storage of information shall be made in a way that ensures that the document's content, integrity and confidentiality with regard to the supply and demand for participation in the competition be preserved. The client will not be able to examine the contents of the offers and requests to participate until after the expiration of the time limit that is set for the delivery of them.
section 7-2. The use of fax and telephone by the request to participate in the competitions (1) request to participate in a competition can, in addition to the communication forms such as is mentioned in section 7-1 the first paragraph, also be filed on the phone. The vendor shall in that case send written confirmation of the request prior to the expiration of the time limit for the request to participate in the contest.
(2) request to participate in the contest can also be filed by fax. If necessary of the evidence into account, the client can require that such a request be confirmed by mail or electronically. Claims for such confirmation, as well as the deadline for submission, must be disclosed in the announcement.
section 7-3. Special requirements to the systems for the electronic transmission and receipt of offers and request to participate in the competitions (1) information regarding the specifications necessary for the electronic submission of offers and request to participate, including encryption, shall be available to interested parties. Security services and security products that are used for the electronic receipt of offers and request to join should at least meet the following requirements: a. the electronic signature must meet the requirements in regulation 21. November 2005 No. 1296 for volunteers even declarations schemes for certificate authorities section 3, section 4 or section 5, as well as be listed on the published list according to § 11 the first paragraph in the said regulation. The client should always accept electronic signatures that meet the requirements of foreign qualified certificate in law 15. June 2001 No. 81 on electronic signature section 25, if the offer is online signed by a foreign citizen, b. accurate time and date for the receipt of offers and request to participate in the competitions must be able to be determined with certainty, c. it can reasonably be ensured that no one can access the submitted information before the expiry of the stipulated deadlines. It can by violation of this ban reasonably ensured that the infringement is clearly can be traced, d. only authorized people will be able to fix or change the dates for opening of the received information, e. during the various stages of the award of the contract or the various stages in the competition, only authorized people who act together, get your access to all or part of the submitted information , f. authorized persons acting together, can only get access to the submitted information after the date submitted, and g. information received and opened in accordance with the present requirements should only be available to persons who are authorized to get knowledge of them.
(2) if the necessary documents, certificates and declarations do not exist in electronic form to the vendor to deliver this in accordance with section 11-2 the first paragraph, within the time limit laid down for the provision of offers or request to participate in the contest.
Chapter 8. The basis for the competition section 8-1. The preparation of the competition the basis (1) the client shall prepare a competitive basis. Competitive basis shall contain the following information, unless this is already sufficient and fully described in the announcement: q. what performance to be obtained. If it can be given deals on parts of the mission or with alternative deadlines, it should be stated, b. how the competition will be carried out. It should at least be informed about: 1. the acquisition procedure that is selected, 2. Finally the deadline for receipt of offers (day and time), address these should be sent or delivered to, as well as how deals should be labeled, 3.
vedståelsesfrist for the quotations, jf. § 10-5, 4.
the relative weighting of the allocation criteria or assignment criteria in order of priority cf. section 13-2, 5.
at what or which languages offer should be written, and 6.
a reference to the announcement.
(2) to the extent that it is applicable to also be informed: a. address to the body that requests for contract documents and any supplementary documents should be directed to, the deadline for such requests, as well as payment terms and amount, if any, must be paid for the documents, b. minimum requirements that alternative quotations must meet and any claim to the presentation of the alternative offer, cf. section 11-4, if it in the announcement is opened for alternative quotations, c. time and place of any open quotation opening, d. time and place of inspection or Conference, e. to send samples, models, plans, drawings, etc. and how these should be marked, f. how any associated documents, descriptions, samples, models, plans, etc. the inspection, as well as whether these can be extradited and if applicable, the deposit that is required, g. which General or special contract conditions of the mission, h. There are terms that the vendor working out a cost estimate of the costs that are expected to be incurred by the implementation of the mission. It may in that case reserved the right to see the accounting data, vouchers etc. as the basis for an eventual cost control, can be supplied in the quotation online, and how this should happen. section 11-2, j. by competitive dialogue, how the dialogue is to be conducted, k. by competitive dialogue, the time and place for when the dialogue to begin and on which language the dialogue to take place. This information must be available in the invitation to mail offers, l. it is set a deadline for when the petition for temporary injunction must be filed for the District Court, jf. § 10-6, m. other information which is of importance for the preparation of the offer.
section 8-2. Correction, Supplement, or modification of the competition the basis
(1) within the bidding expired, jf. Chapter 10, has the client the right to make corrections, suppleringer and changes of the competition the basis that is not essential.
(2) corrections, suppleringer or changes shall immediately be sent all who have received competition basis. Information that the client provides at the request of one of the providers, shall also be notified to all.
(3) if the correction, supplement or change as mentioned in the first paragraph comes so late that it is difficult for the vendors to pay attention to it in the offer, should it be determined a proportional extension of the deadline for quotation. All providers should be notified as soon as the extension.
section 8-3. Requirements for the performance and use of technical specifications (1) the acquisition should be specified when a requirement specification or specification of functional requirements. By the design of the requirements to the emphasis on the lifetime costs and environmental impacts of the acquisition. It should as far as possible be set specific environmental requirements to the product's performance or function. When it is possible to be designed to the specifications that taking into account the criteria for accessibility for the disabled and universal design.
(2) Technical specifications to give suppliers equal opportunity and must not result in unnecessary barriers to competition for public contracts.
(3) if the client requires the technical specifications to be met, these are set in the announcement or competition basis.
(4) unless otherwise provided for in a legally binding national technical rules, provided that these rules are in accordance with the EEA Agreement, the technical specifications should be designed either: a. with reference to the technical specifications as defined in § 4-3 letter b, d, e, f and g, and, in ranked order, to the national standards for the implementation of European standards, European technical approvals, common technical specifications, the civilian , national civilian standards such as international standards, conducts other international standards, other technical reference systems prepared by European standards bodies or, if these do not exist, national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the products, recognized civilian technical standards from the industry or defence standards and corresponding specifications for defence materiel. Each reference shall be accompanied by the phrase "or equivalent", b. in terms of performance or functional requirements; the latter may include environmental characteristics. However, they must be sufficiently precise to that it is possible for providers to determine the contract's subject matter and for the client to assign the contract, c. in terms of performance or functional requirements as mentioned under letter b, with reference to the specifications mentioned in the letter a as the means to assume compliance with such performance or functional requirements, or d. by reference to the specifications mentioned in the letter a for certain properties , and by reference to the performance or functional requirements mentioned in the letter b for other characteristics.
(5) If a client makes use of the option of referring to the specifications mentioned in the fourth paragraph, LITRA a, he or she can the principal do not reject an offer on the grounds that the offered goods and services do not meet the specifications it is shown to the, when the service provider in its offer in a suitable way and to funders satisfaction that the solutions proposed , in a similar way meets the requirements defined in the technical specifications. A suitable way can be in the form of technical documentation from the manufacturer or a test report from a recognised body.
(6) If a client makes use of the option in the fourth paragraph to determine the performance or functional requirements, it does not reject an offer on goods, services or construction work that is in accordance with a national standard to the execution of a European standard, a European technical approval, a common technical specification, an international standard or a technical reference produced by a European standards body If these specifications are intended to cover the functional performance or functional requirements which the client has set out. In its offer to the provider on a suitable way prove to funders satisfaction that item, service, or construction and the construction work in accordance with the standard meets the funders performance or functional requirements. A suitable way can be in the form of technical data from the manufacturer or a test report from a recognised body.
(7) where the client determines the environment properties in terms of performance or functional requirements as referred to in the fourth paragraph, LITRA b, they can use the detailed specifications, or, if necessary, parts of these, as defined by European and multi-or national environment marks or any other environment label, provided that: a. these specifications are appropriate to define the characteristics of the goods or services that are subject of the contract , b. requirements for eco-label is prepared on the basis of scientific information, c. environment marks are adopted following a procedure in which all stakeholders, such as government bodies, consumers, manufacturers, retailers, and environmental organisations can participate, and d. specifications are available for all parties concerned.
(8) the client may indicate that the goods and services with ecolabel is believed to be in accordance with the technical specifications in the competitive, but must also accept other appropriate documentation, such as technical data from the manufacturer or a test report from a recognised body.
(9) "Recognized body" is in this provision proving and calibration laboratories, and certification and regulatory agencies that meet current European standards. The client shall accept certificates from recognised bodies in other Member States.
(10) unless the contract article entitles it, technical specifications do not refer to a particular brand, a specific origin, a particular process, or to trade marks, patents, types or a specific origin or production which has the effect that certain companies or products favoriseres or ruled out. Such reference shall be permitted in exceptional cases where a sufficiently precise and intelligible description of the subject according to the fourth and fifth paragraph is not possible. Such reference shall be accompanied by the phrase "or equivalent".
section 8-4. Eligibility requirements (1) the client can set minimum requirements to suppliers, including to their technical qualifications and financial and economic position. Assessment of suppliers ' technical qualifications to especially be based on criteria such as competence, efficiency, experience and reliability.
(2) the requirements are to ensure that suppliers are suitable to be able to fulfill contract obligations, and shall stand in relation to the performance to be delivered.
(3) Requirements should not discriminate against suppliers on the basis of national or local affiliation.
section 8-5. Qualification basis (1) the minimum requirements to suppliers ' qualifications should be specified in the announcement. The announcement shall also specify requirements for documentation of the requirements of the vendor are met, cf. section 8-8 to section 8-18.
(2) the client can draw up a separate qualification basis that elaborates on or complements the requirements as to the qualifications specified in the announcement.
(3) the qualification to all vendors will be sent the Foundation who would like to participate in the contest and sent before or as part of the competition basis.
section 8-6. Participation in the competition where it is set a limit for the number of participants (1) by limited competitive bidding, competitive dialogue or competition with negotiation client can fix a lower, if applicable, an upper limit for the number of vendors, to be invited to bid.
(2) the lower and upper limit should be disclosed in the announcement, along with the objective and non-discriminatory criteria or rules the client will use by the selection of qualified providers, if any, made redundant.
(3) it shall be invited at least three participants. This is not, however, preclude the client invite fewer vendors than stated in the announcement, in cases where there is a sufficient number of suppliers that meet the eligibility requirements.
(4) the client will find that the number of suppliers are too low to ensure real competition, the bidding procedure can be set and the original contest will be announced in accordance with section 9-3. section 9-1. New vendors be incorporated in the competition along with the original vendors. This does not preclude that the client cancels the original contest and announces a new contest.
section 8-7. Requirements for the vendors ' Organization (1) offers and requests to participate in the contest, can be filed by groups of vendors. It can only be set claim that the vendor groups establishes a specific enterprise form after the contract is awarded, and only to the extent that this is necessary to ensure a satisfactory fulfillment of the contract.
(2) the client can not reject the suppliers, which according to the laws of the State where they are established has the right to perform the appropriate benefits, solely on the grounds that they according to Norwegian legislation must be either natural or legal persons. Of legal persons, however, by the conclusion of service contracts, construction contracts and the contracts that include services or mount and installation work, that they are required in the offer or in the request to participate, enter the names and the academic qualifications of the persons who are responsible for the performance of the relevant services.
section 8-8. Security of supply (1) the client can set requirements for: a. certificate or evidence that the supplier is able to meet the commitments kontraktsrettslige with regard to the export, transfer and transit of goods, including documentation from the proper authority in the sending country, b. information on any limitations of the client with respect to the disclosure of the transfer or application of the products and services or any result of these products and service performance and that is a result of the export control or security arrangements, c. certificate or evidence that the supplier's supply chain is of such organizational character and geographical location and the service provider can meet the funders requirements for security of supply, d. the vendor to ensure that any changes in the supplier's supply chain during the execution of the contract will not have any negative impact on the requirements for security of supply, e. the vendor to establish or maintain the capacity that is needed to accommodate any greater need from the client as a result of the crisis, f. supplementary documentation from the vendor's national public authorities about the fulfillment of the requirement to be able to accommodate any greater need from the client as a result of the crisis, g. that the provider should be able to ensure the maintenance, modernization and adaptation of the items that are in the scope of the contract, h. the provider shall notify the client of any change in the Organization, supply chain or industry strategy that can impact the vendor's obligations , in the vendor should be able to that supply the client with all the specific assets that are necessary for the production of spare parts, components, any Assembly and particularly test equipment, including technical drawings, licenses and manuals, in case the provider at a later date will not be able to deliver the item.
(2) a principal may not require that a vendor should provide documentation that will contend with national or relevant international requirements to export, transfer or transit license criteria, under the circumstances that prevail at the time of such license decision.
section 8-9. Requirements for the protection of classified information the client can by procurement that involves the treatment of classified information quiet demands for: a. evidence that provider and suppliers can ensure that the gradient information is processed and stored in a proper manner throughout the contract's expiry and after the contract expires, and b. sufficient information about the subcontractors, that is already selected by the vendor, so that the client is able to determine whether the individual subcontractor can fulfill the requirements that are set for processing and storage of classified information. Similar information may be required lodged regarding the new contractors before the contract for subcontracted shall be entered into.
section 8-10. Information about the subcontractors in the offer the client may require the vendor to disclose: a. which part or parts of the contract to be awarded to subcontractors, b. which subcontractors to be used, and c. that the vendor informs about changes of subcontractors during the execution of the contract.
section 8-11. Documentation of the supplier's financial and economic position (1) as evidence of the supplier's financial and economic position, the following references are accepted: a. appropriate bank declarations or relevant liability insurance, b. disclosure of the company's financial statements or excerpts from it, or c. a statement of the company's overall turnover and, where appropriate, the turnover within the area covered by the contract for most the last three available fiscal year , depending on the date when the entity was established or the vendor started his business, to the extent that information about such sales are available.
(2) a vendor can for a particular contract, where this is appropriate, support on other enterprise capacity, regardless of the legal character of the relations between them. In that case, the supplier shall document the facing principal that it will have the disposal of the necessary resources, for example, to provide a commitment statement about this from these enterprises.
(3) on the same terms, a group of vendors that referred to in section 8-7, support on the capacity of participants in the group or to other companies.
(4) the client shall specify the reference in the announcement or which they have selected references of those who are mentioned in the first paragraph, as well as the other documentation that must be presented.
(5) if the vendor has legitimate reasons for not being able to provide the documentation the client has requested, the vendor can prove its economic and financial position with any other document that the client deems suitable.
(6) the scope of the documentation should be in relation to the contract, and the client should pay attention to the vendors ' eligible interests when it comes to the protection of business secrets concerning their enterprises.
section 8-12. Documentation of the supplier's technical or professional qualifications (1) as evidence of the supplier's technical or professional qualifications may lodged one or more of the following references in accordance with the nature, the amount and the application of the benefits to be parish, res: a. for all contracts: 1. a description of the supplier's technical personnel or technical devices vendor disposes over to the fulfillment of the contract, whether they belong to the company or not , especially those responsible for quality control, 2.
testimony and testimonials about the education and professional qualifications of the provider and the company's management, and in particular with the person or persons who have the responsibility to perform the service, 3.
documentation on the ability to manage and store classified information on the grading level required, 4.
the client can, if necessary, check the vendor's resources for study and research, and measures or methods of quality control. The client can check the vendor's production capacity and by item deliveries the technical qualifications. The client can leave and perform the control to a competent government agency in the State vendor is established, b. for item contracts: 1. samples, descriptions or photographs of the items to be delivered. The authenticity of these should be able to attesteres if the client asks for it, and 2.
the presentation of certificates issued by approved bodies for the official institutes or quality control. The certificates shall certify that the item, that is clearly identified by reference to certain qualifications or standards, in accordance with these, c. for item contracts and service contracts: 1. list of the main deliveries or services rendered in the last five years, including information on safety, time, as well as the name of the public or private recipient. If it comes to the benefits to the public, it shall be documented by certificates issued or confirmed by the proper public authority. If it comes to the benefits of private, should the certificates be issued or validated by this. In the absence of this, a statement from the supplier is accepted, 2.
a description of the methods for quality assurance, as well as a description of the supplier's survey and research opportunities and internal provisions on intellectual property law, 3.
the client can, if necessary, check the vendor's resources for study and research, and measures or methods of quality control. The client can check the vendor's production capacity and by item deliveries the technical qualifications. The client can leave and perform the control to a competent government agency in the State vendor is established, d. for service contracts and construction contracts: 1. an account of the supplier's average workforce and the number of employees in the administrative management in the course of the past three years, 2. an account of the tools, materials, equipment, technical expertise and supply sources to which the vendor disposes of to the execution of the contract. Vendor to enter their geographic location, if the location is outside the European economic area. Moreover, it also to clarify the how the provider can meet any additional requirements as a result of a crisis or to ensure maintenance, modernisation or adaptation, e. for construction contracts: an overview of the work that is carried out in the course of the past five years, together with certificates of satisfactory execution of the most important works. Certificates shall specify the arbeidenes value, as well as the time and place of work execution, and specify whether the works has been expertly done and duly completed. Correct the public authority shall, if necessary, send the certificates directly to the principal.
(2) a vendor can for a particular contract, where this is appropriate, support on other enterprise capacity, regardless of the legal nature of the connection between them. In that case, the supplier shall document the facing principal that it will have the disposal of the necessary resources, for example, to provide a commitment statement about this from these enterprises.
(3) on the same terms, a group of vendors that referred to in section 8-7, support on the capacity of participants in the group or to other companies.
(4) the client will be in the announcement or in the qualification basis specify the documentation after the first paragraph and other documentation to be lodged.
(5) If a vendor has valid reasons for not being able to provide the requested documentation, the vendor can substantiate its technical and professional qualifications by other documentation that the client can find suitable.
(6) the scope of the documentation should be in relation to the contract and art.
section 8-13. Documentation of registration, approvals, etc.
(1) the client may require that providers who wish to participate in the competition will make that they are registered in the professional register, trade register, or enterprise register as prescribed in the laws of the State where they are established.
(2) by service contracts can the client require that service providers document that they possess the necessary approvals, permits or special membership organization in their home country.
section 8-14. Alternative rules on documentation (1) providers that are registered on the lists of approved suppliers may, for each contract, submit a registration certificate issued by the competent authority. The certificate should indicate the basis for the registration and the classification list gives them.
(2) registration on official lists of approved suppliers, countersigned by the competent authority in the supplier's home State, gives the client a guess that the vendor is qualified when it comes to the assessment of the conditions that are mentioned in section 11-12 second paragraph letter a to d and g, § 8-13, section 8-11 first paragraph, LITRA b and c and section 8-12 first paragraph, LITRA a no. 1, 2 and 4 to c at the first paragraph item contracts, letter a no. 1, 2 and 4 and c and d by service contracts and the first paragraph of the letter a no. 1, 2 and 4, and d and e for the construction contracts, section 8-16 by service contracts, section 11-12 the first paragraph letter e and section 8-7 the second paragraph.
(3) information that can be derived from registrations on official lists constitutes only a guess, but can not be contested without rationale. When it comes to payment into social social security schemes and payment of taxes and fees, however, required that all registered vendors put forward additional certificate when they are awarded a contract.
(4) the principal shall only apply the provisions in the second and third paragraph, for the benefit of providers who are established in the State where the official list is prepared.
section 8-15. Documentation of the fulfillment of the quality assurance standards (1) the client can require certificates issued by independent authorized bodies that confirms that the provider meets certain quality assurance standards.
(2) if the client requires such testimonials presented, it shall appear to the quality assurance systems based on the European standards in the area and is certified by bodies that meet the European standards for certification. The client should accept equal testimonials from bodies established in other EEA States. The client shall also accept other evidence of equivalent quality assurance measures submitted by the vendors.
section 8-16. Standards for environmental management system (1) as evidence of the supplier's technical capabilities can, depending on the species, the amount or the application of the benefits to be parish, res, put forward a statement of relevant environmental management measures provider may apply on completion of service contracts and construction contracts.
(2) if the client requires certificates issued by independent bodies that documents the supplier's compliance with certain environmental management standards, should the client display to the Community scheme for environmental management and environmental auditing (EMAS) or to environmental management standards based on the relevant European or international standards. These standards must be certified by bodies which comply with the community's regulations or the relevant European or international standards concerning certification. The client shall recognize equivalent certificates from bodies established in other Member States. They shall also accept other evidence of equivalent environmental management measures from the vendors.
section 8-17. The tax certificate (1) the principal shall require that all Swedish suppliers sets forth the tax certificate for sales tax, and the tax certificate for tax.
(2) the client shall specify the input mode and time of filing. The tax certificate must be released at the latest by the deadline for the request to participate in a restricted competitive bidding, competitive dialogue or competition with negotiation.
(3) the tax certificates should not be older than six months counted from the second paragraph.
(4) by building and construction contracts to the contractor the corresponding claim a tax certificate in all underlying conditions making of construction law by the contracts in relation to the mission that exceeds a value of NOK 100 000 Inc sales tax. Breach of the contractor's obligation to claim a tax certificate gives the client the right to require that the contractor replace the competent company with under the entrepreneur who can provide tax certificate. The client can similarly require that the contractor will replace a sub-contractor who have not fulfilled their obligations relating to the payment of the taxes and fees. Any financial demands from under the way entrepreneurs or costs as a result of the rescission of contracts with subcontractors in this connection shall be borne by the contractor.
section 8-18. HSE-egenerklæring (1) For the work to be performed in Norway should the client require that all vendors sets forth a personal statement in accordance with Schedule 2 if that provider meets or will meet the by any assignment of the contract, the statutory requirements in Norway within the health, safety and environment (HSE).
(2) the client shall specify the input mode and the time of submission. The Declaration form must be released at the latest within the time limit for requests to participate in a restricted competitive bidding, competitive dialogue or competition with negotiation.
(3) by building and construction contracts to the contractor accordingly require the applicant's declaration in all the underlying conditions of the construction contract upon entering into contracts in relation to the mission that exceeds a value of 500 000 dollars eksl. sales tax.
Chapter 9. The announcements rules section 9-1. Procedure by announcements (1) the client shall prepare an announcement in accordance with forms prepared by industry and Fisheries Ministry.
(2) the announcement shall be worked out on the Norwegian. The announcement shall also be drawn up in one of the official languages of the European Union, unless the translation service to the operator of Doffin is used.
(3) the announcement shall be sent to the operator for the announcement in the Doffin Doffin and forwarding to the TED database.
(4) shall not be made public Announcements in the Doffin or otherwise made known before the day the announcement is sent to the TED database. Announcements should also not contain other information than those that will be published in the TED database or on a buyer profile.
(5) information about guided announcement may not be made public on a buyer profile before the announcement about the publication on the buyer profile is sent the TED database. The announcement of the publication should be sent on buying profile operator to Doffin for announcement and forwarding to the TED database.
(6) the announcement shall not be longer than approx. 650 words.
(7) the client must be able to document the shipping points date of announcement. The Ted database, through the Doffin, confirming the announcement with date.
(8) the operator of the announcements that can reject the Doffin is not in accordance with the rules in Chapter 9 and chapter 10 or the scheduled announcement forms.
section 9-2. Indicative announcement (1) by item and service contracts and framework agreements the client can publish a suggested announcement in accordance with § 9-1. The announcement shall specify the total value of the scheduled item and service contracts and frame agreements that the client waits to make the next twelve months for each service area as mentioned in annex 5 or item sites that mentioned in the CPV-nomenklaturet. The announcement shall be made as soon as possible after the approval of the project involving the acquisition.
(2) by building and construction contracts and framework agreements the client can make a suggested announcement in accordance with § 9-1. The announcement shall be made as soon as possible after the approval of the project involving the acquisition.
(3) in order to use the shortened time limits in section 10-1 fourth paragraph the client must first have made an indicative announcement or have given the same information in its buyer profile.
(4) the client making a suggested announcement on its buyer profile shall send an announcement about this to the Doffin.
section 9-3. Announcement of the competition the client who wants to award a contract or framework agreement by restricted competitive bidding, competitive dialogue or competition with negotiation, cf.. section 5-1 to make this known in an announcement.
section 9-4. Letter of intent announcing the client who consider that there is legal authority to award a contract without having to announce the contest in accordance with § 9-3, after the allocation is decided, announce that the contract will be entered into.
section 9-5. Announcement of competition results (1) the client who have awarded a contract or framework agreement shall no later than 48 days after the contract is entered into do the result known in an announcement, jf. section 9-1.
(2) the client does not have to announce by the award of contracts within the framework agreements, jf. § 6-2 and section 6-3 third paragraph.
(3) information may be exempted from the obligation of the announcements if: a. the publication of the information will prevent the enforcement of laws and regulations, or otherwise be contrary to the public interest, in particular defence or security interests, b. it is to the detriment of certain public or private enterprise legitimate economic interests, or c. it will be able to hurt the loyal competition between vendors.
Chapter 10. Deadlines § 10-1. The minimum deadlines by limited tender (1) the time limit for receipt of requests to participate shall be at least 30 days from the day the announcement was sent to the TED database. In determining the time limit it shall in particular be taken into account to the complexity and time it takes to prepare a request to join.
(2) the time limit for the receipt of offers from those who are qualified and chosen to participate in the contest should be at least 40 days from the day the written invitation and competition Foundation was sent from the client. In determining the time limit it shall in particular be taken into account to the complexity and time it takes to prepare offers.
(3) the deadline for quotation in the second paragraph to be extended proportionately if: a. the correction is made, supplement or modification of the competition the basis as mentioned in section 8-2, b. offers can only be worked out after an inspection, or c. offers just can be worked out for a review at the site of the additional documents to contest the basis.
(4) the deadline for quotation in the second paragraph can be shortened if the client has published a suggested announcement in accordance with § 9-2 at least 45 days and at most twelve months prior to the announcement, and the suggested the announcement contained all of the information that is disclosed in the announcements the forms for guided announcements, to the extent this information was signed at the time of the announcements. The time limit should be sufficient long to interested suppliers can deliver the offer, and should generally be at least 36 days. Under no circumstances must the quotation deadline be set less than 22 days from the date of dispatch of the invitation.
(5) in the second paragraph the quotation period can be shortened by five days if there from the time of the announcement is provided free, direct and full electronic access to the competition the basis and any supplementary document. It should be specified in the announcement on which internet address this documentation is available.
(6) competitive and invitation to submit offers should be sent in writing and at the same time to the featured vendors.
(7) provided that the request for additional information in relation to the competition the basis set forth in sufficient time before the bidding expired, should additional information be provided no later than six days before the deadline for quotation.
section 10-2. The minimum deadlines by competition with negotiation after prior announcement (1) the time limit for receipt of requests to participate in the negotiations to be at least 30 days from the day the announcement was sent to the TED database.
(2) the deadline for quotation to be determined so that the vendors will get sufficient time to make the necessary investigations and calculations. Request for the deadline to be extended proportionately if the correction is made, supplement or modification of the competition the basis as mentioned in section 8-2.
(3) competitive and invitation to submit offers should be sent in writing and at the same time to the featured vendors.
(4) provided that the request for additional information in relation to the competition the basis set forth in sufficient time before the bidding expired, should additional information be provided no later than six days before the deadline for quotation.
§ 10-3. The minimum deadlines by competitive dialogue (1) the time limit for receipt of requests to participate in the dialogue under section 5-2, should be at least 30 days from the day the announcement was sent to the TED database.
(2) the deadline for the submission of offers to be determined so that the vendors will get sufficient time to make the necessary investigations and calculations. The deadline to be extended proportionately if the correction is made, supplement or modification of the competition the basis as mentioned in section 8-2.
(3) provided that the request for additional information in relation to the competition the basis set forth in sufficient time before the deadline to deliver the offers, to the additional information be provided no later than six days before the expiration of the time limit to submit offers.
§ 10-4. Minimum time limits in urgent cases (1) If, in urgent cases is impossible to apply the time limits in section 10-1 and § 10-2, the client can fix the following time limits: a. at least 10 days for the receipt of requests to participate in the contest or the negotiations from the day when the announcement was sent, or b. at least 10 days for receipt of the offers from the day the invitation to give the offer was submitted.
(2) provided that the request for additional information in relation to the competition the basis set forth in sufficient time before the bidding expired, should additional information be provided no later than four days before the offer deadline.
§ 10-5. Vedståelsesfrist (1) the client shall fix a vedståelsesfrist, which specifies the time the offers are binding. The time limit is to be set with date and time. It should not be longer than is necessary for the sake of treatment of the offers.
(2) if not otherwise stated in the competition the basis or the announcement expires at vedståelsesfristen. 00:00, 40 days after the bidding expired.
(3) the provisions of the first and the second paragraph does not preclude that the principal before the expiration of the vedståelsesfristens ask the vendors who have submitted offers, and which has not been rejected pursuant to section 11-12 or section 11-13 or who have not received the offer rejected pursuant to section 11-8 or section 11-11 to extend vedståelsesfristen. The client can also within a reasonable time after the deadline to ask these vendors if they want to maintain the offer. Extension of the vedståelsesfristen or insistence of the offer after the deadline can only happen if it does not lead to a significant change of the basis for the contest or the vendors ' original offer.
§ 10-6. The deadline for petition for temporary injunction (1) the client can in a restricted competitive bidding, a competition with negotiation or a competitive dialogue stipulate a deadline for when the petition for temporary injunction against funders decision to reject or reject a request to participate in the contest, jf. section 11-12 or section 8-6, must be set up for the District Court.
(2) the time limit should be at least 15 days from funders notice under section 11-16 the second paragraph letter a or b, is sent.
(3) the client must state whether the deadline of the competition basis, cf. section 8-1 or in a separate qualification basis, cf. section 8-5, as well as in the notice to the provider that he is rejected, jf. section 11-15.
Chapter 11. Conduct of the competition section 11-1. Procedure when selecting suppliers and awarding of contracts after the qualifications of the suppliers that are not rejected are considered in accordance with the rules of section 8-4 to section 8-18, should be allocated on the basis of contract criteria established under section 13-2.
section 11-2. Quotation design (1) the offer shall be in writing and provided in closed and marked the consignment, either directly or by mail.
(2) the quotation shall be signed.
(3) the offer can also be cast by electronic means provided that the basis for this competition open and the submission of the offer going on in accordance with Chapter 7.
section 11-3. Deviation Deviation shall be stated clearly by the offer, and be accurately and unambiguously described. By the bidding competitions in addition to variance be described so that the client can review the variances without contact with the vendor. The principal has a duty or right of rejecting the offer with the deviation in accordance with section 11-13.
section 11-4. Alternative offer if the assignment of the contract shall be made on the basis of the economically most advantageous offer, the client can take into consideration alternative offers. If the client allows alternative quotations, this is indicated in the announcement. The client should specify in the competition the basis the alternative minimum requirements to performance and function, and any special requirements for quotation design that posed to alternative offers.
section 11-5. Recall and change of service (1) Offer may be revoked or changed until the bidding expired.
(2) the revocation shall be made in writing.
(3) the change of the offer is considered a new offer and shall be made in accordance with section 11-2.
section 11-6. Registration of incoming offers in the offers will be applied to the time of reception as they come in. On request to the client in writing confirm when the offer is received.
section 11-7. The supply opening (1) Timely delivered to offer opens on the time and place specified in the announcement or competition basis.
(2) the opening must be made of at least two representatives of the principal.
section 11-8. The dialogue in the competitive dialogue
(1) the client initiates a dialog with the qualified suppliers. The written invitation to participate in the dialogue along with the descriptive documents to be sent out at the same time to all the vendors. The purpose is to identify and determine how funders needs the best can be met. During the dialogue, all aspects of the contract are discussed with the featured vendors. The client shall ensure that all providers are treated equally. In particular, should the client make sure it not exercised discrimination by providing information that can give some suppliers a better position than others.
(2) the client may not reveal to the other participants solutions or other confidential information that a participant has given principal, without an entrant's consent.
(3) the client may decide that the dialogue will happen in several phases to restrict the number of solutions that you would like to discuss in the dialogue. The exclusion of the solutions is to take place on the basis of the allocation criteria. If it is opened for several phases in the dialogue, it must be informed about this in the announcement or competition basis. In the closing phase it should still remain a sufficient number of offers that can ensure real competition.
(4) the dialogue will continue until the client has found the solutions that can meet the funders requirements, after if necessary to have compared the solutions.
section 11-9. Final offers by competitive dialogue (1) When the principal found the solutions that meet its needs, the client declares the dialogue for the ended. The participants in the dialogue to be informed about this. Principal urges so participants to submit their final offers on the basis of the solutions that are presented and specified during the dialogue. Invitation to submit final offers will contain the deadline for receipt of offers (day and time), address these should be sent or delivered to, as well as language requirements. These offers will contain all elements that are necessary for the project's execution.
(2) the client may request that the offer be clarified, should be noted and customizable. This must not result in that the basic elements of the offer or quotation invitation changed, unless this can happen without the risk of discrimination or entail.
(3) the client is considering the offers on the basis of the allocation criteria and choose the most advantageous financial offer.
(4) at the request of the client, the vendor that is selected, be asked to clarify certain aspects of the offer or confirm commitments that are given in the offer. It assumes that this does not cause a material change of the offer or contest the basis. Clarifications or confirmations must not lead to discrimination or entail.
section 11-10. Remuneration by participation in the competitive dialogue the client can determine the provisions on prices or payments to the participants in the dialogue.
section 11-11. Implementation of competition with negotiation after prior announcement (1) the client can determine that the negotiations to unfold in several stages and reduce the number of offers that it to be negotiated about. Such a reduction shall be made on the basis of the specified allocation criteria. A first reduction on the basis of the allocation criteria can happen ahead of the talks. In the closing phase it should still remain a sufficient number of offers that can ensure real competition.
(2) if the client will make use of the procedure after the first paragraph in order to reduce the number of offers, it should be stated in the announcement or competition basis.
(3) If the principal does not have enlightened about the procedure for the reduction of the number of providers in accordance with the first and second paragraph, to all vendors who have given valid offer, be given access to provide an improved offer before the decision on the award of the contract.
(4) it is permitted to negotiate changes or suppleringer of all aspects of the offers, so that commercial terms, price and technical specifications. If the negotiations lead to the change of a supplier's offer should the changes be documented in writing.
(5) the proceedings shall be made in accordance with the General rules in section 3-2, including the requirements of equal treatment and good business, as well as the rules on confidentiality in section 3-4. The client shall in particular make sure that it not be given information about the contents of the other participant's offer or that may quiet some providers better than others.
section 11-12. Rejection due to conditions at the vendor (1) the client to reject suppliers who: a. do not meet the requirements that are set to the vendors ' participation in the contest, subject to section 12-3, b. has failed to deliver the tax certificate in accordance with section 8-17, subject to section 12-3, c. has failed to deliver the Declaration form in accordance with section 8-18, subject to section 12-3, d. has failed to deliver the request for participation in the restricted tender , competitive dialogue and competition with negotiation in accordance with Chapter 7, or do not have delivered such a request within the time limit, e. the client is aware of is enforceable convicted of participation in a criminal organisation or for corruption, fraud, terrorist acts or offences in relation to terrorist activities or terrorist groups, money laundering or the financing of terrorism, and where not public interest objectives makes it necessary to enter into the contract with the vendor or f. has been used during the preparation of the specifications in violation of section 3-5.
(2) the client may reject suppliers who: a. are bankrupt, under insolvency or liquidation, have adjusted their business or find themselves in a similar process with the legal authority in national laws and regulations, b. is filed for bankruptcy, have filed for the opening of insolvency or forced resolution or any other similar process pursuant in national laws and regulations, c. by a legally enforceable judgement is found guilty in criminal matters that concern the professional record , such as violations of the law 18. December 1987 No. 93 about control with the export of strategic goods, services and technology etc.., d. in his profession have been guilty of serious negligence against professional and ethical requirements in that industry, such as breach of obligations regarding the protection of classified information or the safety of supply, relationship to a previous contract, e. have not fulfilled their obligations relating to the payment of social security taxes in accordance with the legal provisions in the State where he is established , or in Norway, f. have not fulfilled their obligations relating to the payment of taxes and fees in accordance with the legal provisions in the State where he is established, or in Norway, g. have provided grossly misleading or erroneous information or failed to provide information according to what is required under this section or claim to the vendor, or h. not be considered to have the reliability needed to rule out a security risk to Norway.
(3) When the client requires evidence that the provider not covered by the first and second paragraph, to extract from the criminal register or bankruptcy registry be accepted as sufficient evidence for the first paragraph of the letter e and the second paragraph letter a, b or c. In the absence of such a statement to be a equivalent document showing that the requirements are met, issued by a court or administrative authority of the vendor's home State or residence State, are accepted. For the second paragraph letter e and f to it is considered adequate with the certificate issued by the competent authority in the supplier's home State. When the vendor's home State does not issue such documents or certificates, they may be replaced by a statement given under oath or affirmation of the person to a court or administrative authority, a notary public or any other competent authority of the home State or current residence State.
(4) this provision applies to rejection of the subcontractors.
section 11-13. Rejection due to conditions at the offer (1) an offer to be rejected when: a. it is not delivered within the set deadline for quotation, b. it does not satisfy the requirements of quotation design, jf. section 7-1, 7-2, section 7-3 first paragraph, LITRA b-g and section 11-2 the first paragraph, c. There is an alternative offer delivered in violation of section 11-4. The client may not reject an alternative offer purely on the grounds that the contract will change the nature of a service contract to a commodity contract, or vice versa, d. it contains essential reservations against the contract terms, e. it contains essential deviations from the requirements specifications in the announcement or competition basis, or f. it because of the variance, without prejudice, error, ufullstendigheter, obscurities or similar in a competitive bidding could lead to doubts about how the offer should be judged in relation to the other offerings.
(2) an offer may be rejected when: a. the offer, after the attempt at clarification pursuant to section 12-1, contains discrepancies, without prejudice, error, ufullstendigheter, obscurities or similar which must not be considered insignificant, b. it because of the variance, without prejudice, error, ufullstendigheter, obscurities or similar in a competition with negotiation can lead to doubts about how the offer should be judged in relation to the other deals, c. the offer seems abnormally low in relation to the performance , jf. section 11-14, or d. offer is not signed, jf. section 11-2 second paragraph, or because of other subject cannot be considered binding. The corresponding rejection right applies when a request for electronic signature does not meet the requirements of section 7-3 first paragraph, LITRA a.
section 11-14. The rejection of abnormally low offers
(1) If an offer seems abnormally low in relation to the performance, to the client, before he can reject the offer, in writing, require the information about the quotation's composition as the principal considers to be relevant.
(2) this information can apply to savings by its way, technical solutions, exceptionally favorable conditions for delivery, are innovative character, the fulfillment of the requirements regarding the working conditions that apply at the place which the performance will be the parish res, and any public support to the vendor.
(3) the client shall verify the individual parts of the offer on the basis of the explanations provided.
(4) if the client finds that an offer is abnormally low because the vendor has received public support, can only offer is rejected for this reason, if the vendor cannot substantiate, within an adequate deadline set by the client, that the public support is legal. If the client rejects an offer because it seems abnormally low because of Government support, the client shall inform the EFTA surveillance authority about this.
section 11-15. Procedure by rejection (1) the client to take a position as soon as possible to the question of rejection.
(2) vendors that are rejected will be informed in accordance with § 11-16.
section 11-16. Funders to reason duty (1) the client shall in accordance with § 13-3 the second paragraph giving affected vendors a justification for the award of the contract or framework agreement. The client shall, in the name of the reasoning that enlighten got the contract or framework agreement and give an account for the selected quotation properties and relative benefits in accordance with the specified allocation criteria.
(2) the principal shall give written notice as soon as possible with a short justification if: a. a request to participate in the contest are rejected, jf. section 11-12, b. a request to participate in the contest will be discarded where the client has set a limit for the number of participants, jf. section 8-6, c. an offer is rejected, jf. section 11-13, or d. the contest is cancelled, jf. section 13-1.
(3) the message after the second paragraph letter to be given to d at the same time all the participants.
(4) at the rejection of the offer in the cases referred to in section 8-3 fourth and fifth paragraph, to clarify the reasoning behind why the requirements are not considered true in a similar way, or why one has decided that item, service, or construction contract does not meet the requirements to performance or function. By rejection of the offer citing that they do not meet the requirements for storage of classified information or requirements for security of supply, to give an account of the reasoning behind why the requirements not considered fulfilled.
(5) if the disclosure of information: a. will prevent the enforcement of laws and regulations, or otherwise be contrary to the public interest, in particular defence or security interests, or b. will hurt certain public or private enterprise legitimate economic interests, or will be able to hurt the loyal competition between the vendors, the client can decide that the information be withheld.
(6) Rejects a client a subcontractor, to quote the dealer or vendor provided a written featured grounds. The justification should include the reason why under the vendor did not meet the criteria.
Chapter 12. Negotiations, clarifications, ready to substantive etc.
section 12-1. Negotiating the ban by limited tender (1) by limited tender, it is not allowed to change the offers or attempt to change the offers through negotiations. It is including not allowed to change price, delivery time, or other conditions that affect the competitive relationship.
(2) there is access to the following clarifications of the offerings: a. the client can obtain further details with the vendors to get clarified ambiguities and ufullstendigheter in the offers. Clarification to unnlates if the unclear and ufullstendighetene is such that the offers should be rejected according to § 11-13, b. when it comes to solutions, working methods or materials which the vendor even suggest, the client can ask the vendor make utdypninger and ready to substantive about how the requirements of the competition the basis will be taken care of, or c. If for technical or functional reasons is needed, it can be made smaller adjustments in the solutions provider has set forth.
(3) if the client become aware of obvious errors in the quotation, should these be addressed if it is undoubtedly how the error to be corrected. Other obvious errors are considered after the rule in section 11-13.
section 12-2. Inadequate price filling out in construction offers by construction works to be records that are priced is considered innkalkulert in other records, unless otherwise specified in the quotation, the letter or the missing padding is due to an obvious error, cf. section 12-1 third paragraph.
section 12-3. The additional time limit for the redirection of the documents if one or more suppliers have not delivered the HSE-egenerklæring, the tax certificate or publicly available evidence that the claims of the vendor are met, the client can fix a short additional term for the redirection of these documents. The additional time limit shall apply accordingly to all participants of the contest, and the client shall not consider the incoming offers before the additional period has expired.
section 12-4. Supplementary information about the vendor's qualifications the client may request that the proposed testimonials and documents regarding the claims of the vendor be supplemented or elaborated.
Chapter 13. The closing of the competition section 13-1. Cancellation of the competition and total rejection (1) the client can cancel the competition with immediate effect if there is a just cause.
(2) the client can discard all the offers if the result of the competition gives just cause for it.
(3) the vendors should be informed in accordance with § 11-16 about decisions not to enter into contract for a mission that has been announced or about to carry out the procurement procedure.
section 13-2. Criteria for the selection of offers (1) the assignment to take place either on the basis of the offer that it is financially most advantageous, or exclusively from the offers that have the lowest price.
(2) if the award of the contract happens on the basis of the economically most advantageous offer, should it be used criteria that relate to the contract object. This can, for example, quality, price, technical safety, funksjonsmessige characteristics, environmental characteristics, operating costs, costs in the life, rate of return, customer service and technical assistance, time for delivery or completion, supply security, interoperability and operational characteristics. All the criteria that will be assumed to be stated in the announcement or competition basis. The client shall specify the relative weighting given to each of the criteria. The weighting can be set within a range with an appropriate maximum result.
(3) where after funders mean by demonstrable reasons not possible to make a weighting, to principal in the announcement or competition basis specify the criteria in order of priority with the most important first.
section 13-3. Notice of contract allocation and waiting period before the conclusion of contract (1) the client shall announce its decision on who will be awarded the contract or framework agreement to all affected vendors prior to the contract or framework agreement be entered into.
(2) the notice shall be in writing and be given simultaneously to all affected vendors. The notice shall include a justification for the choice, pursuant to section 11-16 first paragraph, and educate people about the waiting period.
(3) the client may at the earliest enter into contract or framework agreement after the expiration of the waiting period the client has set out. Waiting period should be at least 10 days if the notice is sent electronically or over the fax, or at least 15 days if it is sent with a different communication medium. The time limit is counted from the day after the notice is sent.
(4) the requirement does not apply to karens period: a. when there is no requirement for prior announcement, b. when the vendor who get awarded the contract or framework agreement is the only affected vendor, or c. by the award of contracts within a framework agreement, cf. § 6-2 and section 6-3.
(5) if the client finds that the decision to award the contract is not in accordance with § 13-2 decision can be canceled up until the contract is signed.
(6) contract or framework agreement is considered concluded when both parties have signed the contract or framework agreement.
section 13-4. The suspension of the principal access to enter into contract (1) by petition for temporary injunction after funders decision contract assignment, suspending funders access to enter into the contract when: a. the client has established a waiting period under section 13-3, third paragraph, and the petition is put forward by the end of the waiting period, or b. the client has announced in line with 9-4, and the petition is made within ten days after the announcement.
(2) the defendant be informed of the suspension the impact by preaching.
(3) the District Court shall at the same time that the petition is sent to the preaching schedule oral negotiation to the processing of the petition. The parties may agree that the treatment in the place to be in writing.
(4) the suspension lasts until the District Court has taken the position to the petition. The suspension expires anyway at the earliest by the expiration of the waiting period or ten days from the day after the date of the letter of intent for the announcement.
(5) it is not the suspension by the appeal of things the Court's decision.
section 13-5. Online auction
(1) if the contract specifications can be determined exactly, the principal at the limited competitive bidding and competition with negotiation after prior announcement jf. section 5-1 the first paragraph before it decides on the award of a contract shall be held an online auction.
(2) an electronic auction may be held on the same terms by the reopening of competition among the parties to a framework agreement, so it is given the opportunity for in section 6-3 third paragraph.
(3) the electronic auction shall be based: a. either solely on price, if the contract is awarded to the lowest price, or b. on the prices or the value of the items in the quote that is specified in the competition basis, if the contract is awarded to the economically most advantageous offer.
(4) the client who decides to hold the online auction, to specify this in the announcement.
(5) competitive shall contain the following information: a. items if the values are the subject of electronic auction, provided that the elements can be quantified and be expressed in figures or percentages, b. any restrictions on the values that can be lodged, as they stated in the specifications of the contract article, c. the information that will be provided for providers during the online auction, and if applicable, when they will be provided for them , d. relevant information concerning the electronic auction process, e. terms and conditions for suppliers ' bidding, especially the smallest differences, if any, is required between the bids, and f. the relevant information about the electronic equipment used and the behavior and technical specifications for connection.
(6) Before the client will hold the online auction, it shall be made a first complete assessment of the offers in accordance with allocation criteria laid down, and the weighting of them. All providers that have submitted valid offers, are invited at the same time online to submit new prices or new values. The invitation shall contain all relevant information for individual connection to the electronic data carrier solution, and should clarify the date and time when the online auction begins. The electronic auction may be carried out in several successive phases. The electronic auction may not start until no earlier than two business days after the date when the invitations were sent out.
(7) if the contract will be awarded on the basis of the economically most advantageous offer, invitation is accompanied by the results of the full assessment of the current offer is carried out in accordance with the weighting in § 13-2 the second paragraph. The invitation shall also specify the mathematical formula used in the electronic auction to determine automatic ranking on the basis of the new prices or new values which must be filed. This formula shall incorporate the weighting of all the established criteria to determine what is the most advantageous financial offer, as specified in the announcement or competition basis. Any result in value to be vektingens in advance is set to a specified value. If the alternative offers are allowed, it shall be set a separate formula for each alternative offers.
(8) in each phase of an electronic auction to the client immediately give sufficient information to all providers that they at any time can determine their respective rankings. They can also provide other information regarding the proposed prices or values, provided that this is specified in the competition basis. It can also be informed at any time the number of participants in that phase of the auction. Providers ' identity should, however, in no event will be revealed during any phase of an electronic auction.
(9) the principal shall close an electronic auction in one or more of the following ways: a. by the date and the time that is set out in advance in the invitation to participate in the auction, b. when they do not receive any new prices or values that meet the requirements of minstedifferanser. In this case, the principal shall specify in the invitation to take part in the auction the time limit given from the receipt of the last submitted bids to the closing of the electronic auction, or c. when the number of phases in the auction set out invitation to participate is carried out.
If the client has decided to close an electronic auction in accordance with letter c, possibly in combination with the scheme set out in the letter b, to the invitation to participate in the auction set a schedule for each phase of the auction.
(10) after the close of the online auction assigns to the client the contract in accordance with § 13-2 on the basis of the results of the electronic auction.
(11) the client must not change the contract's subject as defined in the announcement or competition basis.
(12) the client must not misuse an online auction or apply it in a way that can prevent, limit, or distortion of competition.
Chapter 14. Sanctions on illegal direct procurement, etc.
section 14-1. Lawsuit about to know the contract without effect (1) the Court shall know a contract without effect when the client has: a. made an illegal direct acquisition, b. awarded a contract within a framework agreement with several suppliers in violation of section 6-3, third paragraph, and the contract exceeds the threshold values specified in section 2-2, or c. other violations of engineered this regulation that have influenced the vendor's ability to get the contract , and at the same time violated § § 13-3 or signed a contract contrary to 13-4 and this has deprived the vendor the opportunity to take legal action prior to signing the contract.
(2) by an illegal direct acquisition the Court may still not know a contract without effect when the client has announced in accordance with section 9-4 and the earliest signed the contract after the expiry of ten days from the day after the date of the announcement.
(3) by the award of the contract within a framework agreement the Court may still not know a contract without effect after the first paragraph, LITRA b, when the client has communicated his decision on contract assignment to the vendors in accordance with § 13-3 the first and second paragraph, and the earliest signed the contract after the expiry of the voluntary waiting period in accordance with § 13-3 third paragraph.
(4) When the public's attention to the significant interests, including defense and security interests makes it necessary to maintain the contract, the Court may fail to know the contract without effect. If the consequence of that contract without serious effect feels in the degree will be able to threaten a major defence or security program that is crucial for Norway's security interests, not the right to know the contract without effect. The Court shall fix the sanctions referred to in section 14-2.
(5) a contract can feel without effect for future contract fulfillment. If the contract performance may be reversed in substantially the same condition and quantity, can contract from the time I feel without effect for signing the contract. If the contract feels without effect for future contract fulfillment, the Court shall in addition I'm sentencing the principal a violation fee pursuant to section 14-2.
section 14-2. Lawsuits to truncate the contract or to the client I'm sentencing violation fees (1) the Court shall truncate the contract's expiry or impose the principal a violation fee when: a. the Court fails to recognize a contract without effect under section 14-1, fourth paragraph, and b. the client has made to violations of section 13-3 or signed a contract in violation of section 13-4 in other cases than those covered by section 14-1.
(2) the Court shall I'm sentencing the principal a violation fee when the contract feels without effect for future fulfillment after section 14-1.
(3) the Court may as mentioned in I'm sentencing sanctions the first paragraph when the client has awarded a contract within a framework agreement with several suppliers in violation of section 6-3 third paragraph. This does not apply when the client has communicated his decision on contract assignment to the vendors in accordance with § 13-3 the first and second paragraph, and the earliest signed the contract after the expiry of a volunteer waiting period in accordance with § 13-3 third paragraph.
(4) in determining the sanctions should it especially emphasis is on overtredelsens racing, the size of the acquisition, if the client has made repeated violations, the possibility to restore competition and the preventive impact. The Court may combine these sanctions. Violation charge can not be set higher than the 15 percent of the anskaffelsens value.
section 14-3. Deadlines by litigation pursuant to section 14-1 and section 14-2 (1) Sanctions pursuant to section 14-1 or section 14-2 can only be imposed when the case be brought within two years from the contract is entered into.
(2) if the principal has announced competition results in accordance with § 9-5 when a contract is awarded without prior announcement of the competition, sanctions under section 14-1 the first paragraph letter a just imposed, when the case has been filed within 30 days. The deadline runs from the day after the date of the announcement of the competition results.
(3) if the client has notified affected suppliers about the conclusion of a contract, sanctions under section 14-1 the first paragraph, LITRA b or c or section 14-2 first paragraph, LITRA b and third paragraph just imposed, when the case has been filed within 30 days. The deadline runs from the notification is sent.
Part III. Ikraftsetting chapter 15. Ikraftsetting section 15-1. Ikraftsetting the regulation applies from the time the Ministry bestemmer1.
section 15-2. Transitional Regulations apply to procurements initiated after the entry into force forskriftens. An acquisition is implemented when it is announced or the client has sent out a request to one or more suppliers to signify interest or filing in connection with the offer a planned acquisition. For procurements that are not implemented before the entry into force, the regulation in which the contract entered into after the entry into force.
Appendix 1. List of different forms of construction work (1) building and construction work (without specialisation) and demolition work in general construction and construction work (without specialisation) Demolition work.
(2) Building work (residential houses and other buildings) in general building work roofing construction of chimneys and furnaces Insulation against water and moisture the restoration and maintenance of facades entry and the decommissioning of construction scaffolding Other specialized activities associated with building work (including carpentry work).
(3) construction work (construction of roads, bridges, railways, etc.)
General construction work Because work Construction of bridges, tunnels and shafts, because drilling Water construction (rivers, canals, harbours, locks and dams) road construction (including specialized construction of airports and runways) business specializes in water (irrigation, drainage, water supply, sewage disposal and sewage purification, etc.)
Specialized business on other areas within the construction work.
(4) installation work General plumbing installation (installation of gas and water lines, as well as sanitary) installation of heating and air conditioning (central heating, air conditioning, ventilation) sound insulation, thermal insulation, insulation against vibrations the installation of electricity installation of antennas, lightning arresters, phones, etc.
(5) Decoration and furnishing decoration and furnishings General Plaster work, Bill work and carpentry, gipsing in the first series of Assembly or installation at the construction site (including the laying of parquet floors) Paint work, glass work and interior decorating Tile laying and other coverings of floors and walls Different décor (installation of stoves, etc.).
Appendix 2. Personal statement on health, safety and environment (HSE) this confirmation applies: your business name/VAT registration no Fødselsnr.
Address Country * postal code city I confirm with this that this business is working systematically to comply with the requirements in the health, environmental and safety legislation and it meets the requirements in the regulations on the systematic health, environmental and security work in the business (internal control regulations). 1 I confirm that the business is legally organized according to the current tax-and working set of rules when it comes to employee's professional and social rights. I accept that the client at the request will be given the right to review and verify your business system for safeguarding the health, safety and the environment.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date General Manager I confirm with this that it's implemented systematic measures to fulfill the above requirements in health, environmental and safety legislation.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  No employee Date employee Representative Appendix 3. Protocol for the defence and security procurement between 100 000 and 3.5 million excluding. sales tax.
To read Appendix 3 see here: Appendix 4. Protocol for the defence and security procurement which exceeds 3.5 million excluding. sales tax.
To read the attachment 4 see here: Appendix 5. -Priority services with priority services is meant: category description of service CPV-ref.nr.
(1) maintenance and repair 50000000-5 50100000-6 to 50884000-5 (except for 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 50229000-6, 50243000-0) and 51000000-9 to 51900000-1 (2) services relating to military aid to foreign countries 75211300-1 (3) defence, military defence and civil defence services 75220000-4, 75221000-1, 75222000-8 (4) Investigative and security services 79700000-1-79720000-7 (5) Land transport 60000000-8, 60100000-9 to 60183000-4 (except 60160000-7, 60161000-4), and 64120000-3 to 64121200-2 (6) air transport of people and goods , except mail transport 60400000-2 60410000-5 to 60424120-3 (except 60411000-2, 60421000-5), 60440000-4-60445000-9 and 60500000-3 (7) Mail transport in the air and on land, except by rail that falls under category 8 60160000-7, 60161000-4, 60411000-2, 60421000-5 (8) rail transport 60200000-0-60220000-6 (9) Transport of waterway 60600000-4 to 60653000-0, and 63727000-1 to 63727200-3 (10) support and help services in connection with transportation that do not fall under category 22 63100000-0 63111000-0 , 63120000-6 to 63121100-4, 63122000-0, 63512000-1 and 63520000-0-6370000-6 (11) telecommunication services 64200000-8 to 64228200-2, 72318000-7 and 72700000-7 to 72720000-3 (12) financial services: insurance 66500000-5 to 66720000-3 (13) the SOFTWARE and related services 50310000-1 to 50324200-4 72000000-5 to 72920000-5 (except 72318000-7 and 72700000-7 to 72720000-3), 79342410-4 and 9342410-4 (14) research and development services in full is paid for by the client and which fully accrue to the client to use in his business 73000000-2 to 73436000-7 (15) Accounting , audit and bookkeeping 79210000-9 to 79212500-8 (16) consulting in management and administration, and related services, except arbitration and mediation services 73200000-4 to 73220000-0, 79400000-8 to 79421200-3 and 79342000-3, 79342100-4, 79342300-6, 79342320-2, 79342321-9, 79910000-6, 79991000-7, 98362000-8 (17) Architect business, Advisory engineering and integrated engineering, city planning and landscape architecture, by this related technical-scientific consultancy, technical tests and analysis 71000000-8 to 71900000-7 (except 71550000-8) and 79994000-8 (18) Building cleaning and property management 70300000-4 to 70340000-6 , and 90900000-6 to 90924000-0 (19) Sewage and waste disposal, cleaning and similar services 90400000-1 to 90743200-9 (except 90712200-3), 90910000-9 to 90920000-2 and 50190000-3, 50229000-6, 50243000-0) (20) Education and training in for Defense and security area 80330000-6, 80600000-0, 80610000-3, 80620000-6, 80630000-9, 80640000-2 80650000-5, 80660000-8 Appendix 6. Uprioriterte services with uprioriterte services is meant: category description of service CPV-ref.nr.
(21) the hotel and restaurant business 55100000-1 to 55524000-9, and 98340000-8 to 98341100-6 (22) support and help services in connection with transportation to-9 63000000 63734000-3 (except 63711200-8, 63712700-0, 63712710-3), and 63727000-1 to 63727200-3 and 98361000-1 (23) legal services 79100000-5 to 79140000-7 (24) selection and recruitment of personnel (excluding employment contracts) 79600000-0 79635000-4 (except 79611000-0, 79632000-3, 79633000-0), and 98500000-8 to 98514000-9 (25) health and social services 79611000-0 85000000-9, and to the 85323000-9 (except 85321000-5 and 85322000-2) (26) other services