Regulations on procurement rules in the supply sectors (water and energy supply, transport and postal services) date FOR-2006-04-07-403 Ministry industry and Fisheries Ministry published in 2006 booklet 5 entry into force 01.01.2007, 2 May 07 last modified FOR-2016-02-04-98 from 09.02.2016 Change-2003-12-05-1424 applies to Norway Pursuant LAW-1999-07-16-69-section 16 Announced 10.04.2006 Directed 04.01.2007 (§ 1-4 second paragraph) short title regulations on procurement in the supply sectors Chapter overview: part I. General provisions (§ § 1-1-4-3) part II. Procurement of the EEA terskelverdiene (§ § 5-1-12A-3) part III. Other procedures (sections 13-1-14-3) part IV. Exemption and the ikraftsetting (§ § 15-1-16-2) Appendix 1. List of different forms of construction work schedule 2. -Priority services Appendix 3. Uprioriterte Services Authority: Provided by URkgl.res. april 7, 2006 with authorization in law 16. July 1999 No. 69 of the public procurement section 16. Promoted by the Ministry of government administration and reform (now industry and Fisheries Ministry).
EEA EEA referrals: Appendix XVI No. 2 (Directive 2004/18/EC as amended by the Regulation (EU) No. 1336/2013), Nr. 4 (Directive 2004/17/EC, amended by Regulation (EC) no 1422/2007, Regulation (EC) No 213/2008, Regulation (EC) No. 1177/2009, Regulation (EC) No. 1251/2011, Regulation (EC) Nr. 1336/2013), Nr. 5 (Directive 2007/66/EC), Nr. 5 c (directive 2009/81/EC, amended by Regulation (EC) No. 1251/2011, Regulation (EC) Nr. 1336/2013) and annex XI Nr. 51 (Directive 1999/93/EC).
Changes: modified by regulations 24 nov 2006 Nr. 1296, 20 Dec 2006 Nr. 1504 (ikrafttr.), 2 may, 2007 No. 462 (ikrafttr.), 20 feb 2008 Nr. 163, 7 March 2008 No. 223, 25 jan 2010 No. 66, 24 feb 2010 No. 983, 3 sep 2010 No. 1237, 8 June 2012 No. 500, 25 June 2012 No. 654, 25 June 2012 No. 726, 26 Oct 2012 No. 996, 8 June 2012 No. 500, 4 Oct 2013 No. 1184 (as amended by regulation 30 Oct 2013 No. 1738), March 3, 2014 No.. 249, 28 March 2014 Nr. 336, May 21, 2014 No.. 673 lapsed jf. 10 June 2014 Nr. 719, 12 June 2015 Nr. 622, 4 feb 2016 Nr. 98. Repealed by regulation 12 aug 2016 Nr. 975 (in force when the Ministry determines).
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. The regulation will also help ensure that the public are acting with great integrity, so that the public can have confidence that the public procurement occurs on a way interests of society.
§ 1-2. Who is covered by these regulations (1) this Regulation applies to principals that: a. are public legal authority or public undertaking as defined in § 4-1 (General definitions) letter b, or c, and as a performer a task covered by the section 1-3 (activities that are covered by the regulation), or b. is not public legal body or public enterprise, but the performer one or more of the types of activities that are defined in section 1-3 (activities that are covered by the regulation) and driving this task on the basis of an exclusive right or special right given by the competent 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 defined in section 1-3 (activities that are covered by the regulation) will be limited to one or more businesses, and thus substantially affects the ability of other undertakings to exercise such activity.
(2) public authorities as defined in § 4-1 (General definitions) letter a should follow the rules in regulation 7. April 2006 no. 402 on public procurement.
§ 1-3. Activities that are covered by the regulation this regulation will apply to activities exercised by the principal as mentioned in section 1-2 (who are in the scope of the regulation) and that has for purposes: a. to provide or engage in fixed networks intended for the performance of public services in connection with the production, transport or distribution of: 1. drinking water, 2. electricity, 3. gas or heat , or 4.
the provision of drinking water, electricity, gas or heat to such networks.
b. to take advantage of a geographic area to: 1. exploration for, or extraction of, oil, gas, coal or other types of solid fuel, or 2.
terminal facilities for air, sea or river carriers, including air, sea and inland ports, c. to provide or operate the grid calculated on the performance of public services in connection with transport by railway, automated systems, light rail, trolley bus, bus or cable. When it comes to transportation services, a net is believed to be released if the operating conditions of service established by the competent authority in an EEA State. Operating conditions can, for example, which routes to be operated, how big the charge will be and how often the routes to be operated.
d. to provide postal services as defined in § 4-1 (General definitions) Letter m or other services than postal services if the terms of § 4-1 (General definitions) letter n are met.
section 1-4. Exception for certain activities (1) Public bus transport services are not covered by section 1-3 (activities that are covered by the regulation) Letter c If the business was commenced before the entry into force of this forskriftens and other companies had the opportunity to provide such services on the same terms as the customer, either in general or in a specific geographical area. For public bus transport services that begin after this forskriftens entry into force, shall apply the rules of section 15-1 (exemption from the supply regulations and the law on public procurement).
(2) when a client that is not a public legal authority, delivers drinking water, electricity, gas or heat to networks which provide services to the public, this is considered not as an activity as defined in section 1-3 (activities that are covered by the regulation) letter a if: a. in the case of drinking water or electricity, and: 1. the person the client produces drinking water or electricity to consumption that is required to exercise a different type of activity than those who are mentioned in § 1-3 (activities that are covered by the These regulations), and 2.
the delivery to the public network only depend on funders own consumption and has not exceeded 30 percent of funders total production of drinking water or energy, calculated on the basis of the average for the last three years including the current year, b. it applies to gas or heat, and: 1. the production of gas or heat is an inevitable result of the exercise of a different type of activity than those who are mentioned in § 1-3 (activities that are covered by the regulation) , and 2.
the delivery to the public network is aimed only at the economic exploitation of this production, and does not exceed 20 percent of customer revenue, calculated on the basis of the average for the last three years including the current year.
section 1-5. Activity in relation to the drinking water this Regulation apply to contracts that are awarded or organized by the principal as a performer a task as mentioned in § 1-3 (activities that are covered by the regulation) letter a no. 1, and that: a. is associated with water-building projects, irrigation or drainage, provided that the amount of water intended for the supply of drinking water represents more than 20 percent of the total amount of water that is provided through these projects or irrigasjons or drainage facilities, or b. is associated with to ward off or cleaning wastewater.
section 1-6. Contracts that are covered by the Regulation (1) this Regulation applies to the award of public contracts for the delivery of goods, services or performance of building and construction work.
(2) this Regulation shall not apply to: a. contracts or planning and design competitions as the client assigns or arranges for purposes other than the exercise of the activity as mentioned in § 1-3 (activities that are covered by the regulation), or for the purposes of the exercise of such activity in a third, when this does not imply physical use of a network or geographical area in the European economic area , b. contracts that are awarded for the purpose of resale or hire to third parties, provided that the client has no special right or exclusive rights to sell or rent out that which is the subject of such contracts, and that other companies are allowed to sell or rent them out on the same terms as the customer. The client shall on request inform the EFTA Surveillance Authority on contracts that are considered except in pursuance of this letter first period, c. contracts as principal as mentioned in section 1-2 (who are in the scope of the regulation) letter a are included for the purchase of water, d. contracts as principal as mentioned in section 1-2 (who are in the scope of the regulation) letter a and b are included for the delivery of energy or fuels to energy production , e. contracts for service purchases that are assigned to a body, or an Association of agencies, which itself is a public employer as defined in regulation 7. April 2006 no. 402 of the public procurement section 1-2 (who are in the scope of the regulation) the first paragraph, on the basis of a rights body has according to the laws, regulations or unadvertised administrative decision, provided that the provisions are consistent with the EEA Agreement, such contracts for the acquisition or rental, without regard to the form of funding, of reason, existing buildings or other real estate or rights to such property. Contracts for financial services, without regard to the form, entered into at the same time with, before or after the contract of acquisition or rental, covered, however, of this regulation, g.
contracts for arbitration and mediation services, h. contracts for financial services in connection with the private placement, purchase, sale and transfer of securities or other financial instruments, in particular transactions carried out by public employers to provide the money or capital, and Central Bank services, in the employment contract., j. 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 , k. contracts that can be exempted according to article 123 of the EEA Agreement or are covered by regulations adopted by the URkgl.res. 4. October 2013 No. 1185 about defence and security procurement section 1-3 (which contracts that are covered by the regulation). The same applies for contracts that do not exceed the thresholds in the said Regulation section 2-2 (threshold values and CPV-codes) the first paragraph.
l. contracts that come under other purchase rules, and allocated: 1. According to an international agreement concluded in accordance with the EEA Agreement, between Norway and one or more third States, and that includes the delivery of the goods, construction works, services or plan and design competitions in connection with a project to be implemented or be exploited jointly. Any such agreement shall be communicated to the EFTA Surveillance Authority, 2.
enterprises in an EEA State or a third, according to an international agreement on the stationing of troops, or 3.
According to an international organization special procedure, m. concessions for construction work or services as assigned by the principal as a performer, one or more of the activities listed in section 1-3 (activities that are covered by the regulation), if the concessions granted for the exercise of these activities, n. contracts that involve the exercise of public authority which may be exempted by article 39 of the EEA Agreement , jf. Article 32, o. contracts with an estimated value below 100 000 crowns eksl. sales tax.
section 1-7. Contracts awarded to associated enterprises (1) this Regulation shall not apply to contracts as a. a client assigns an associated enterprise, or b. a private enterprise, which is composed of several principals exclusively with a view to the exercise of an activity referred to in section 1-3 (activities that are covered by the regulation), assigns a company associated with one of these outsourcers.
(2) the exceptions in the first paragraph only applies when at least 80 percent of the average revenue in services, respectively, goods or construction work that the company has achieved in the European economic area in the previous three years, from a performance of the services, respectively, goods or construction works to the enterprises it is associated with.
(3) when the business because of the establishment, have not had the business the previous three fiscal years, it is sufficient that the business has demonstrated the likelihood of that the mentioned turnover will be achieved. This can especially be displayed by fremskrivning of activities.
(4) If more than one undertaking affiliated with the client delivers the same or similar services, goods, or construction work, it should be taken into account the overall turnover in these companies that originate from, respectively, the services, goods, or construction work in the European economic area.
(5) the client shall on request communicate the EFTA Surveillance Authority the competent business name, the appropriate contract art and value and all the particulars that the EFTA Surveillance Authority considers necessary to substantiate that the relationship between the client and the company that is awarded the contract, in accordance with this provision.
§ 1-8. Contracts that are awarded by or to a private enterprise (1) this Regulation shall not apply to contracts awarded to: a. by a joint venture formed exclusively by multiple principals with the aim of exercise activities according to § 1-3 (activities that are covered by the regulation), to one or more of these outsourcers, or b. by a principal to such a joint venture as it is part of the , provided that the joint venture has been established with a view to exercising the task over a period of at least three years, if it in the instrument which creates the public entity is specified that the outsourcers as a common entity made up of, will be a part of it for at least the same period.
(2) the client shall on request communicate the EFTA Surveillance Authority the competent business name, the appropriate contract art and value and all the particulars that the EFTA Surveillance Authority considers necessary to substantiate that the relationship between the customer and the company that is awarded the contract, in accordance with this provision.
section 1-9. (Repealed april 6, 2014 by regulation 28 March 2014 Nr. 336.) Chapter 2. Scope of the various provisions of the regulations § 2-1. Scope of the Regulation (1) Forskriftens part I applies to all procurement covered by this regulation, regardless of anskaffelsens art and value.
(2) Forskriftens part II applies to all acquisitions of threshold values in section 2-3 (threshold values).
(3) Uprioriterte services as described in annex 3 shall only follow section 7-8 (requirements for the performance and use of technical specifications), and section 8-6 (announcement of competition results).
(4) contracts that apply to both the priority and uprioriterte services to be allocated in accordance with the rules of this regulation, if the value of the priority services are higher than the value of the uprioriterte services.
section 2-2. Contracts that include multiple activities (1) a contract that is meant to cover more types of activities is subject to the rules applicable to the activity that is the hovedgjenstand. The option to assign a single contract and to award more separate contracts can not be made with a view to exempting the contract from the scope of this regulation or regulation 7. April 2006 no. 402 on public procurement.
(2) if one of the activities that the contract covers are subject to this regulation, and the other is subject to the regulations on public procurement, and it is objectively impossible to determine what activity that is awarded the contract, the contract hovedgjenstand in accordance with the latter Regulation.
(3) if one of the activities that the contract covers are subject to this regulation, and the other is neither subject to this regulation or regulation on public procurement, and it is objectively impossible to determine what activity that is awarded the contract, hovedgjenstand the contract in accordance with this regulation.
§ 2-3. Threshold values (1) Forskriftens part II will apply to contracts awarded by the principal as a performer a task as mentioned in § 1-3 (activities that are covered by the regulation) with an estimated value exceeding: a. 3.5 million excluding. sales tax. for contracts of goods and services.
b. 44 million excluding. sales tax. for contracts for construction work.
(2) food and Fisheries Ministry can change the threshold values set out in this regulation.
§ 2-4. 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, excluding. sales tax. for those contracts that make up the acquisition.
(2) 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.
(3) a planned acquisition of a specific performance cannot be broken up in order to avoid that the provisions of this Regulation apply.
(4) when calculating the anskaffelsens value to be estimated taking into account of any form of stock options and any extensions of the contract.
(5) when calculating the estimated value shall anskaffelsens be taken into account any prizes or payments to the participants in the contest.
(6) When a proposed service or construction work can result in multiple 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. When del arbeidenes value exceeds the value total threshold set out in section 2-3 (threshold values) the first paragraph, the provisions of this Regulation apply to all of the works. The client can still waive the first paragraph with regard to building and construction contracts for part works as has an estimated value of 8.4 million excluding under NOK. sales tax. or for services under 650 $ 100 excluding. VAT, provided that the aggregate value of these share the works does not exceed 20 percent of the arbeidenes total value.
(7) 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. When del kontraktenes value exceeds the value total threshold set out in section 2-3 (threshold values) the first paragraph, the provisions of this Regulation apply to all of the contracts. The client can still waive the first paragraph with regard to the part contracts that have an estimated value of under 600 000 dollars excluding. VAT, provided that the total value of these contracts do not exceed the share 20 percent of the kontraktenes total value.
(8) For the service contracts that do not specify a total price, the estimated contract value is calculated on the following basis: a. by time-limited contracts with a term of 48 months or less, the calculation shall be the estimated total value for the entire run time, and b. by contracts with unlimited run time or term of more than 48 months, the calculation shall be the monthly value multiplied by 48.
(9) For the item or the service contracts entered into on a regular basis in a specific period or to be renewed within a certain period of time, the contract value shall be calculated on the basis of: a. the actual aggregate value of similar contracts concluded for the same type of goods or services in the course of the last fiscal year, or the twelve preceding months, if possible corrected for expected changes in quantity or value over the twelve months following the initial contract , or b. the estimated overall value of contracts during the twelve months following the first delivery, or during the first fiscal year if this exceeds twelve months.
(10) For contracts that include both goods and services, the estimated value is calculated on the basis of the total value of goods and services without regard to their respective value. The calculation must not include the value of mounting and installation works.
(11) For construction contracts the estimated value of the work, as well as all the necessary goods and services that the client sets to the provider's disposal, included in the estimated value after the first paragraph.
(12) the value of goods or services that are not required to perform a particular building and construction contract may not be added to the construction contract value, if this results in this regulation do not apply to the purchase of these goods or services.
(13) for the calculation of the estimated value of the service contracts shall be taken into account the following factors: a. the premium and other remuneration to be paid in the case of insurance services, b. fees, commissions, interest and other forms of remuneration in the case of banking and other financial services, and c. fees and commissions to be paid when it comes to contracts that include projecting.
(14) For the item applies to purchases and contracts on installment, leasing or rent with or without the right of first refusal should the contract value is calculated on the following basis: a. for timed contracts with a term of twelve months or less, the calculation shall be the estimated overall value in the run time, b. for timed contracts with a maturity of more than twelve months, the calculation base should be the total value including the estimated residual value and c. for contracts concluded for an indefinite period of time or when the contract is uncertain, the calculation basis be the monthly value multiplied by 48.
(15) For the framework agreements and dynamic purchasing arrangements should you add because the highest estimated value, excluding. VAT, of all expected contracts throughout the framework agreement or the dynamic purchasing plan run time.
section 2-5. Mixed contracts contracts that apply to both goods and services are to be considered as the item 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 mount and installasjonsarbeide, be considered as a commodity contract.
Chapter 3. General rules section 3-1. 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) public law bodies will be during the planning of the individual acquisition take account of life-cycle costs, universal design and environmental impacts of the acquisition.
section 3-2. Confidentiality (1) 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 conceal.
(2) the client can set the requirements to protect information of confidential nature given by the transmittal of technical specifications to interested suppliers, qualification assessment, selection of suppliers and awarding of contracts.
section 3-3. 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.
section 3-4. Language requirements with the exception of announcements as mentioned in Chapter 8 (the announcements rules) the client can design all documentation on the Norwegian, as well as require that deals with accompanying documents should be designed on the Norwegian.
§ 3-5. Special contract terms 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.
§ 3-6. 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.
§ 3-7. Deadline calculation after this regulation Deadlines should be calculated in accordance with regulation 4. December 1992 No. 910 on the determination of rules for deadlines, dates, and times.
section 3-8. Purchase Office, the client can buy goods, services and construction works through procurement centres. The client who has made purchases through procurement centers as defined in § 4-1 (General definitions) letter k, is deemed to have complied with the rules in this regulation, provided that the purchase Center has not adhered to the provisions of this regulation, or if appropriate, the provisions of the regulations on public procurement.
§ 3-9. Order food and fisheries the Ministry may give the client the toppings that are necessary to ensure the fulfillment of the law 16. July 1999 No. 69 and this regulation. Faced with public enterprises as mentioned in section 1-2 (who are in the scope of the regulation) the first paragraph of the letter a, and principals as mentioned in section 1-2 (who are in the scope of the regulation) first paragraph, LITRA b, 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 is meant by: a. public authorities: State, County or municipal authorities and associations formed by one or more of these, b. public legal authority: any body that 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, c.
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, d. affiliated enterprises: 1. any undertaking which has financial statements consolidated with funders annual financial statements in accordance with the provisions of Directive 83/349/EEC on consolidated annual financial statements, or 2.
for enterprises not covered by this directive: a) as the client directly or indirectly can exercise decisive influence over as defined in letter c, b) that can exercise decisive influence on the client, or c) which together with the client is under the decisive influence from another undertaking by virtue of ownership, capital interests or policies for the business.
e. contract: mutual bebyrdende agreement entered into in writing between one or more employers and one or more suppliers, e.g. 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 g. A contract concerning the delivery of the goods and that in relation to this include mounting and installation work, be regarded as a commodity contract ,
construction contract: the contract that deal with either the execution, or both the execution and planning or implementation, no matter in what way, by building and construction work that is covered by Schedule 1 (list of different forms of construction work), or a building-and construction work, or workmanship of any way of a construction work that meets the needs that the client has set. With the construction work meant the result of a set of construction activities which in itself to fulfill an economic or technical function. In addition, these contracts include the goods and services necessary for contract execution, h.
service contract: contract for services, except those contracts that are mentioned in the letter f and g, with any purpose mentioned in annex 2 and 3. Contracts that apply to the services and that in relation to the contract's hovedgjenstand includes activities defined in Schedule 1 (list of different forms of construction work), should be considered a service contract, i.
construction concession: a contract of the same type as a construction contract, with the exception that the consideration for the works to be performed either solely consists of the right to exploit the edifice or of such a right along with payment, j. service concession: a contract of the same type as specified in the letter h, with the exception that the consideration for the service to be performed either solely consists of the right to exploit the service , or in such right along with payment, k.
purchase Central: public legal authority according to § 1-2 (who are in the scope of the regulation) the first paragraph of the letter a or the client according to the regulations on public procurement section 1-2 (who are in the scope of the regulation) the first and second paragraph, who buy goods or services for other clients, or enters into contracts or framework agreements on goods, services or construction works for other clients, l.
mail: a in the final submission addressed the form it should be sent, regardless of weight. In addition to the letters include such shipments such as books, catalogs, newspapers, periodicals and postal packages of merchandise with or without commercial value, irrespective of weight, m.
postal services: services consisting in the collection, sorting, transport and delivery of postal. These services include: 1. postal services covered by exclusive rights: postal services which are or may be covered by exclusive rights on the basis of Directive 97/67/EC, article 7, and 2.
other postal services: postal services which may not be covered by the exclusive rights on the basis of Directive 97/67/EC, article 7, n. other services than postal services: services provided in the following areas: 1. management of the kurértjenester (services both before and after shipment, for example, mail room management), 2.
value-added services that have connection with and solely performed with electronic AIDS (including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail), 3.
services concerning postal which is not included in the letter l (mail), such as unaddressed advertising, 4.
financial services as defined in Appendix 2 category 6 (priority services) and in section 1-6 (contracts that are not covered by the regulation) the second paragraph letter h, including especially money orders and postgirooverføringer, 5.
filatelitjenester, and 6.
logistics services (services combining physical delivery or storage with features that do not include postal services), provided that such services provided by a client which also provides postal services in accordance with the letter m, and provided that the conditions set out in Directive 2004/17/EC article 30 No. 1 are not met with respect to the services that fall under the letter m, o.
written by: 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, p.
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 means, q.
the announcements form: structured information content in the Doffin, established by the Government, the Administration and Church Affairs, r. alternative quotations: designation of the offers that are prepared by funders given alternative minimum requirements to performance or function, and any special requirements for the design of the offer, s. 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, t. TED database : the European official announcements database Doffin, u.: the Norwegian official database for announcements, v. 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, w. 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 ,
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.
§ 4-2. Procedures in this regulation is meant by: a. open competitive bidding: the acquisition procedure that allows all interested vendors to provide offers, but that does not allow negotiation, b. limited competitive bidding: the acquisition procedure that allows only those vendors that are invited by the client to provide offers, but that does not allow negotiation, c. competition with negotiation: the acquisition procedure where the client has access to negotiate with one or more vendors ,
dynamic procurement arrangement: a completely electronic process for making ordinary procurement, if the characteristics, as they are on the market, meet the public order placer's requirements. The scheme is limited in duration and is open in the validity period for all suppliers who meet the eligibility requirements and that have submitted an indicative offer that is consistent with the competition basis, 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, e.g. planning and design competition: the acquisition procedure as for example in the areas of spatial planning, data processing, architect or engineering work, makes it possible for the client through a contest , with or without prizes, to get prepared a plan or design that then is decided by a jury. The jury's decision can be binding or innstillende, g.
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 items in supply 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 object of electronic auctions.
section 4-3. Standards and specifications in this regulation is meant by: a. 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 which are available to the public, b. European technical approval: a positive technical assessment 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.
CPC-number: reference number that refers to the United Nations central product nomenclature, d. CPV number: the reference number that refers to the European Commission's product and service codes, e. common technical specification: a technical specification that is prepared by a procedure approved by the Member States, and that have been published in the official journal of the European Union, e.g. European specification: a common technical specification, a European technical approval or a national standard that enforce European standard , g. technical specifications: 1. by goods and services contracts: a specification set out in a document, which sets out the characteristics of a product or service contract that 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, 2.
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, structural engineering and 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.
Part II. Procurement of the EEA terskelverdiene Chapter 5. The acquisition procedures section 5-1. Allowable acquisition procedures shall be made to the acquisition by open or restricted tender or competition with negotiation.
Chapter 6. Framework agreements and dynamic purchasing arrangements section 6-1. Framework agreements (1) the client can look at a framework agreement as a contract pursuant to § 4-1 (General definitions) letter e, and assign it in accordance with the rules of this regulation.
(2) the client can only fail to announce contracts under a framework agreement if the framework agreement is entered into in accordance with this regulation.
(3) the client must not misuse framework agreements in order to prevent, limit, or distortion of competition.
§ 6-2. Dynamic procurement arrangements (1) by the creation of a dynamic procurement arrangement to the client following the rules of open competitive bidding in all phases up to the award of contracts entered into within the scheme. All providers who meet the eligibility criteria and has submitted an indicative offer in accordance with the terms of the contest, as well as any additional documents, to have access to the scheme. Indicative quote can be improved at any time provided that they continue to comply with the conditions for the competition. By the establishment of the scheme, and the award of contracts within the scheme, will be the principal solely use electronic means in accordance with section 7-1 (rules for communication).
(2) with a view to the establishment of a dynamic purchasing arrangement to the client: a. publish an announcement about competitive bidding that makes it clear that one will establish a dynamic procurement arrangement, b. set in competition among the species of the basis other acquisitions that take place within the scheme, all the necessary information concerning the purchasing system, the electronic equipment being used, and technical devices and specifications for connection, and c. offer in electronic form by the publication of the announcement and forward to the scheme expires , unrestricted, direct and full access to the competitive and to any additional documents. The URL where the documents can be found should be disclosed in the announcement.
(3) the principal shall, in the entire period of the dynamic purchasing system provide any supplier the opportunity to deliver an indicative offers, and get caught up in the scheme on the criteria mentioned in the first paragraph. The client should complete the evaluation at the latest within 15 days from the date of submission of the indicative offer. If the client in the meantime not conducting any contest evaluation period can be extended.
(4) the client shall as soon as possible notify the provider if they are taken up in the dynamic purchase scheme, or if the person's suggested retail offer is rejected.
(5) it is to be conducted a competition for the award of each contract. Before this contest should the client make public a simplified announcement of competition that invites all interested suppliers to submit a suggested retail offers, in accordance with the third paragraph, within 15 days from the date on which the simplified notice was sent. The client cannot continue with the contest before the evaluation of all the indicative offer that is received within this time limit, is completed.
(6) For each contract to be allocated within the scheme, should the client invite all providers that are taken up in the scheme, to provide a quote. The offer to be delivered within a sufficient time limit that is set by the principal.
(7) the client to assign the contract to the provider that has delivered the best offer, on the basis of the allocation criteria set out in the announcement of the establishment of the dynamic purchasing system. These criteria can also be emphasised in the invitation referred to in the sixth paragraph.
(8) a dynamic procurement arrangement could not be established for more than four years, with the exception of special informed cases.
(9) the principal must not abuse this scheme or apply it in a way that prevents, restricts or distorts competition.
(10) the interested vendors or other parties concerned in the scheme cannot be imposed fees.
Chapter 7. The basis for the competition section 7-1. Rules for communication (1) All communication and information exchange 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) by communication, Exchange and storage of information to the client save the contents and the confidentiality of requests to participate in the competition and offers. The client shall not examine the contents of the requests to participate in the contest or promotions before the delivery deadline has expired.
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 (rules for communication) 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 or competition basis.
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, § 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 e-signaturloven section 25, if the offer is online signed by a foreign citizen.
b. the exact time and date of receipt of the offer 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 requested 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. the authorized people, 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 people 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 § 10-3 (quotation design) first paragraph, within the time limit laid down for the provision of offers or request to participate in the contest.
section 7-4. The use of subcontractors in the competition the basis client can request that the vendor informs in the offer how much of the contract, if any, should be assigned to subcontractors, as well as what subcontractors he proposes. The information can't effect for hovedleverandørens contract responsibility.
§ 7-5. Information about the working environment etc.
(1) the client can specify where in the competitive vendors can obtain the necessary information on the commitments that are related to the relevant provisions relating to taxes, duties, environment protection, the working environment and working conditions, and which will apply to the work being carried out on the fixed places or services provided under the execution of the contract.
(2) the client that provides information as mentioned in the first paragraph, to ask the vendors or those who participate in a contest, to signify that they by the preparation of the offer has taken into account the obligations that are attached to the current provisions on the working environment and working conditions of the place where the work or service to be performed or provided.
(3) this does not affect the application of the provisions of section 10-5 (requirements to the vendor and rejection) fifth paragraph about the examination of abnormally low offers.
section 7-6. Information about the quality assurance standards (1) if the principal requires that it presented certificates issued by independent bodies like the verification that the provider meets certain quality assurance standards, they shall refer to quality assurance systems based on the relevant European standards, certified by bodies that meet the European standards for certification.
(2) the client to accept equal testimonials from bodies established in other EEA States, and other documentation on equal quality assurance measures submitted by the vendors.
(3) in connection with construction contracts and service contracts may, in those cases it is relevant to check suppliers ' technical skills, require an indication of the environmental management measures provider may apply upon execution of the contract. If the client in such cases requires the disclosure of certificates drawn up by independent bodies, that documents the service provider comply with certain environmental management standards, they shall refer to the EMAS or to environmental management standards based on the relevant European or international standards certified by bodies which comply with the community's regulations or the relevant European or international standards concerning certification.
(4) the client shall confirm the equivalent certificates from bodies established in other Member States. They shall also accept other forms of documentation of equivalent quality assurance measures from the vendors.
section 7-7. Briefing on technical specifications (1) the client shall upon request submit vendors that are interested in getting a contract, the technical specifications which they usually refer to in their contracts, or the technical specifications they want applied to contracts that are the subject of a suggested announcement according to § 8-3 (indicative announcement).
(2) when such technical specifications are described in the documents that interested vendors have access to, it is sufficient to refer to these documents.
section 7-8. Requirements for the performance and use of technical specifications (1) if the principal requires met technical specifications, should these be taken in competition the basis or in the documents related to the individual contract. 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) 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 a, b, f and g (standards and specifications) and, in ranked order, to the national standards for the implementation of European standards, European technical approvals , common technical specifications, 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 about the engineering, calculation and execution of the works and use of the products. Each reference shall be accompanied by the phrase "or equivalent", b. in terms of performance or functional requirements, where these 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.
(4) If a client makes use of the option of referring to the specifications mentioned in the third 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, detects 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.
(5) If a client makes use of the option in the third paragraph to determine the performance or functional requirements, it does not reject an offer on goods, services or construction works which 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 work, in accordance with the standard, meet 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.
(6) where the client determines the environment properties in terms of performance or functional requirements as referred to in the third paragraph, LITRA b, they can use the detailed specifications, or, if necessary, parts of these, as defined by European and (multi-) national environmental 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.
(7) 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.
(8) "Recognised bodies" are 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.
(9) 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 third and fourth paragraph is not possible. Such reference shall be accompanied by the phrase "or equivalent".
§ 7-9. Eligibility requirements (1) the qualification of suppliers to take place on the basis of objective criteria and rules that are available to all interested suppliers.
(2) the client can not ask the administrative, technical or financial terms to some vendors that are not posed to others, or require samples or evidence covered by the already existing documentation.
section 7-10. Qualification scheme (1) the client can create and manage a qualification scheme for providers. The principal that creates such a qualification scheme, to make sure that vendors at any time may apply to become qualified.
(2) the scheme, which could include various qualification steps, should be managed on the basis of objective criteria and rules that the client determines. The criteria and policies can be updated as needed. Where the criteria include technical specifications, followed the rules in section 7-8 (requirements for the performance and use of technical specifications).
(3) if the criteria and rules for qualification referred to in the second paragraph includes the claim of the supplier's technical or professional skills or economic and financial ability, can it if necessary support on other enterprise capacity, regardless of the legal nature of the connection between the self and the other enterprises. In that case, the supplier shall document the client facing that it reigns over these resources throughout the time span of the qualification system's validity, for example, to present a commitment statement from these enterprises. On the same conditions, a group of vendors as mentioned in section 7-11 (claims to the provider's organization) based on the capacity of participants in the Group of other companies.
(4) the rules and the criteria for eligibility should be made available on request for interested vendors. Updates of these rules and criteria to be notified to the interested vendors. If the client mean that other clients or agencies has a qualification scheme that meets his requirements, he shall submit the name and address to these to interested vendors.
(5) the principal shall, within a reasonable time notify applicants that they are found qualified. If the decision will take longer than four months from an application, is available to the client within two months after receiving the application, inform the applicant about the reasons why an extended processing time is needed, and specify when the application will be granted or rejected.
(6) applicants who are not found qualified to fastest possible, and no later than within 15 days, under the targeted about the decision and be given a justification for refusal. Qualification assessment should be based on the qualification criteria referred to in the second paragraph.
(7) There shall be a written record of qualified suppliers, and the registry can be divided into categories according to the type of contract the qualification applies.
(8) the client may bring a vendor's status as eligible for termination for reasons based on the criteria in the second paragraph. Plans to revoke the qualification should be notified to the supplier in writing no later than 15 days before the cessation along with kvalifikasjonens, the reasoning behind this.
(9) the qualification scheme shall be announced in accordance with section 8-4 (announcement of the qualification scheme). If the competition advertised through the announcement of a qualification scheme, to vendors that are deemed eligible according to the scheme come by limited tender or competition with negotiation.
section 7-11. Requirements to the provider's Organization (1) offer may be filed by groups of vendors. It can only be set requirements that such groups are establishing a specific enterprise form after the contract is awarded, and only to the extent necessary to ensure the successful fulfillment of the contract.
(2) vendors that according to the legislation in the EEA State they are established in, has the right to provide the service in question, cannot be rejected on the grounds that it according to the laws of the Contracting State where the competition is held, is a requirement that participants are physical or legal persons. By service contracts, construction contracts and the contracts that include services, mount or installasjonsarbeide it can of legal persons that they are required in the offer or the request to participate, enter names and relevant professional qualifications of the persons responsible for providing the service in question.
(3) if the qualification criteria includes requirements regarding the vendor's technical or professional skills or economic and financial ability, can it if necessary support on other enterprise capacity, regardless of the legal nature of the connection between the self and the other enterprises. In that case, the supplier shall document the client facing that it reigns over these resources, for example, to provide a commitment statement from these enterprises in that regard. On the same conditions, a group of suppliers based on the capacity of participants in the Group of other companies.
Chapter 8. The announcements rules section 8-1. Procedure by announcements (1) the client shall prepare a notice in accordance with the forms laid down by industry and Fisheries Ministry.
(2) Announcements shall in its entirety be made public in the TED database at one of the EU's original language chosen by the client. A summary of the main points in each announcement will be published in the other official languages of the European Union. Only the text in the original language is not.
(3) the announcement shall be sent to the operator of Doffin for announcement in Doffin and forwarding to the TED database. In exceptional cases, the client can request that the publication of the announcement to take place within five days, provided that the announcement be sent electronically or by fax.
(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 publication on the buyer profile to enter the date of the transmission to the TED database.
(6) the client must be able to document the shipping points the day of announcements. The Ted database, through the Doffin, confirming the announcement with date.
(7) the Office for official publications of the European Communities shall publish announcements no later than 12 days after shipping points day.
section 8-2. Announcement of competition (1) announcement of the competition shall be made in the form of an announcement of open or restricted competitive bidding, competition with negotiation, indicative announcement, announcement of the plan and the design contest or announcement that the existence of a qualification system.
(2) For the dynamic creation of purchase arrangements arrangements to happen through the announcement of the competition, while the announcement of competition for contracts based on such schemes, can occur by simplified announcement of competition.
(3) Announcement of competition is not required if: a. There is no offer or suitable offer after a competitive bidding or negotiated competition with prior announcement, provided that the original terms of the contract are not substantially altered, b. a contract is awarded exclusively to research, pilot, study or development purposes, and not to achieve profit or earnings of the research and development costs, to the extent that the award of such contract does not affect the contest criteria by subsequent contract assignments that have essentially the same purpose , c. the work of the technical or artistic reasons, or to protect a all rights reserved, can only be performed by a specific vendor, d. it because of the special circumstances that can not be attributed to the client, and that client will not be able to predict, is impossible to comply with the stipulated deadline for the open or restricted tender. This applies only to the extent that it is absolutely necessary, e. be entered into contracts with the item the original vendor for additional deliveries that are either designed for partially to replace normal deliveries or installations, or to expand existing supplies or installations, if the use of another supplier would compel the client to buy equipment with other technical characteristics that would be technically incompatible or creating disproportionate big technical difficulties in operation and maintenance , f. conditions that the client could not foresee, makes it necessary to carry out additional work or additional services that were not in the original project, or in a previously signed contract, and: 1. additional works or additional services in technical and economic matters cannot be separated from the awarded lead contract without causing significant inconvenience for the client, or 2.
additional works or additional services can be separated from the original contract, but is strictly necessary for contract completion, g. construction contracts, for new works consisting in the repetition of a similar work carried out in connection with an earlier contract between the same client and vendor. The assumption is that work is in accordance with the project that formed the starting point for the award of the first contract and was awarded after the announcement of the competition in accordance with the rule in the first paragraph. The possibility that this treatment be used can to be set the first time the collected quote for your project, and the principal will be medregne the total cost estimates for later works when they apply the provisions of section 2-4 (calculation of anskaffelsens estimated value), h. it comes to the procurement of items that are noted and purchased on a commodity market, in the case of contracts. to be allocated on the basis of a framework agreement , provided that the condition referred to in section 6-1 (framework agreements) the second paragraph is met, j. it comes to apartment purchase, when in a very limited period of time is an exceptionally advantageous offers that makes it possible to procure goods at a price that is substantially below the normal market rates, in the case of k. acquisition of goods on exceptionally favorable terms from a supplier which sets the business for good , a trustee or administrator of a bankruptcy stay, or a voluntary debt settlement or a similar procedure with the legal authority in national laws and regulations, l. the current contract be entered into on a schedule and design competition organised in accordance with the provisions of this regulation, and the according to the relevant rules must be assigned to the winner or one of the winners in the competition. In the latter case to all the winners of the competition are invited to participate in the negotiations, or m. by coverage are needed as buy as a result of that a contract is known without effect under the rules of chapter 12A, 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.
section 8-3. Indicative announcement
(1) in order to use the shortened time limits in section 9-1 (the minimum deadlines by open competitive bidding) and § 9-2 (the minimum deadlines by limited competitive bidding and competition with negotiation) have to the client at least once a year, through a suggested announcement, make known what contracts that are scheduled in the next assigned 12 months, if: a. by care contracts: the value of all contracts or framework contracts for each product area as calculated in accordance with § 2-4 (calculation of estimated anskaffelsens value) has a total estimated value exceeding 6 million excluding. sales tax. Care areas is determined with reference to the CPV, b., construction contracts: the main features of the building and construction contracts or framework agreements if the estimated value, calculated in accordance with § 2-4 (calculation of estimated anskaffelsens value) exceeds the value that is listed for the building and construction works in section 2-3 (threshold values) the first paragraph, or c. by contracts of service purchase: the estimated total value of all the contracts or framework agreements for each category of priority services listed in Appendix 2 , as calculated in accordance with § 2-4 (calculation of anskaffelsens estimated value), have a combined estimated value of at least 6 million excluding. sales tax.
(2) the Indicative announcement of item and service contracts shall be sent as quickly as possible after the start of a fiscal year. Indicative announcement of building and construction contracts to be sent as quickly as possible after the decision approving the planning of the project that has been made.
(3) the client can publish indicative announcements in connection with major projects without repeating information already given in an earlier indicative announcement. This applies only if it goes that it's for additional announcements.
(4) the client making a suggested announcement on its buyer profile shall send an announcement about this to the Doffin.
section 8-4. Announcement of the qualification scheme When the client establishes a qualification scheme is this going to be announced. The announcement shall specify the purpose of the qualification system and how one can get access to the rules of the qualification scheme. If the arrangement should last no longer than three years, it should be announced annually. At the shorter duration it is sufficient with one announcement.
section 8-5. Competition advertised in the form of indicative announcement (1) when the competition being advertised in the form of a suggested announcement, it should explicitly be stated in the announcement: a. which deliveries, construction works or services which are included in the contract, b. the contract will be awarded by restricted tender or purchase after negotiation without be sought offers by a later announcement, and c. that the interested companies are invited to written to notify their interest.
(2) When the announcement is used to advertise the competition in the form of indicative announcement should not be published more than 12 months before the day on which the invitation referred to in the third paragraph is sent. The client shall comply with the time limits established in Chapter 9.
(3) the principal shall invite all the vendors later to confirm their interest on the basis of the detailed information about the contract before they begin the selection of suppliers. The client shall state whether the minimum: a. the nature and scope, including any options for a further contracts and, if possible, an indication of when the options to be applied. In addition, the nature and scope is specified, and if possible when it will be made public later announcements for the building and construction works, deliveries or services that the contract should include, b. script's art: limited competitive bidding or competition with negotiation, c. any date where the delivery or the execution of construction works or service performance begins or ends, d. the address and the last date for receipt of requests to participate , as well as the language to be used, e. address of the client to assign the contract and who can provide the necessary information about the provision of competitive and the additional documents, e.g. Economic and technical conditions, financial guarantees and information suppliers to deliver, g. the amount and terms of payment, if it must be paid for the documents, h. specification of contract type to be obtained: buy, lease or rent with or without pre-emptive right , and in the allocation criteria, including. the weighting of the or setting priority order, if this information is not given in the indicative notice, the specification or the invitation to deliver the offer or to negotiate.
section 8-5a. 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 section 8-2 (announcement of competition) or section 8-5 (competition advertised in the form of indicative announcement), after the allocation is decided, announce that the contract will be entered into.
section 8-6. Announcement of competition results (1) the client who has awarded a contract, signed a framework agreement or arranged a project competition, to make this known through an announcement.
(2) the announcement is sent the operator of Doffin for announcement in Doffin and forwarding to the TED database.
(3) by contract entered into after the framework agreement in accordance with section 6-1 (framework agreements) do not have the client submit announcement.
(4) the client who has entered into a contract based on a dynamic purchasing system shall, within two months after concluding the contract to send a communication on this. The client may instead choose to announce contracts each quarter. The notification should take place no later than two months after the end of each quarter.
(5) For the client that allocates contracts for service purchases in research and development that comes in under annex 2 category 8, and are assigned to exclusively research, laboratory study or development purposes, as mentioned in section 8-2 (announcement of competition), third paragraph, letter b, it is sufficient to enter the contract's main purpose to the term "services regarding research and development."
(6) the client that allocates contracts for service purchases that come under Schedule 2 category 8, but that fall outside the purpose referred to in section 8-2 (announcement of competition), third paragraph, letter b, by the description of the anskaffelsens art in the interests of limiting the information trade secrets. The client shall ensure that all information released under this point is no less detailed than the information made public in accordance with section 8-2 (announcement of competition). Where it is used a qualification scheme must ensure that client information is not less detailed than the category referred to in section 7-10 (the qualification arrangement) the ninth paragraph.
(7) when it comes to the services listed in section 2-1 (scope of the regulations) the third and fourth paragraph, will be the principal set of the announcement about the samtykkes in that it be made public.
Chapter 9. Time limits section 9-1. The minimum deadlines by open competitive bidding (1) by open competitive bidding will be the deadline for the receipt of offers, be at least 45 days from the day the announcement was sent to the TED database.
(2) the quotation in the first paragraph of the deadline can be shortened if the client has: a. published a suggested announcement in accordance with § 8-3 (indicative announcement), at least 45 days and at most 12 months ahead of the announcement, and b. the suggested the announcement contained all the information as stated by the announcements form for guided announcements, which stood at their disposal at the time of the announcements.
The time limit should be sufficient long to interested parties can submit offers, and should generally be at least 29 days. Under no circumstances must the quotation deadline be set shorter than 15 days from the date of dispatch of the announcement.
(3) if the client does not provide the free, direct and full electronic access to the competitive and complementary documents, these documents shall be sent to the vendors at the latest six days after the vendor has requested, provided that the request is put forward by the end of the quotation deadline.
(4) if the preparation of the offer calls for investigation of comprehensive materials, inspection or assessment at the site of the additional documents to contest the basis, should time limits be extended accordingly so that all parties concerned can get access to all the information.
(5) in determining the time limits for the receipt of offers in the open competitive bidding to the client especially take into account the complexity and the time that is required to prepare the offerings, without the minimum time limits laid down in this chapter are affected.
(6) the deadline for quotation can be shortened with a further 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.
(7) any supplementary information to be given out no later than six days before the expiry of the deadline for quotation. Where additional information is released after questions comes to the deadline of six days if the request is received in time.
section 9-2. The minimum deadlines by limited competitive bidding and competition with negotiation (1) by limited competitive bidding and by competition with negotiation after prior announcement, the following applies: a. the time limit for receipt of request to participate, in response to an announcement or invitation, shall initially be at least 30 days after the announcement or invitation was sent and under no circumstances less than 15 days ,
the deadline for receipt of offers may be determined by agreement between the customer and the selected candidates, provided that all the providers get the same amount of time to prepare and put forward offers, and c. If it is not possible to achieve agreement on the time limit for the receipt of offers, to the deadline in the first place be at least 24 days and under no circumstances less than 10 days from the day invitation to give offer was submitted. The time limit should be sufficient to to take into account conditions as mentioned in the fifth paragraph.
(2) if the principal does not provide free, direct and full electronic access to the competitive and complementary documents, these documents shall be sent to the vendors at the latest six days after the vendor has requested, provided that the request is put forward by the end of the quotation deadline.
(3) any supplementary information to be given out no later than six days before the expiry of the deadline for quotation. Provided that the request for additional information is set forth in sufficient time before the bidding expired, should additional information be provided no later than six days before the deadline for quotation.
(4) if the preparation of the offer calls for investigation of comprehensive materials, inspection or assessment at the site of the additional documents to contest the basis, should time limits be extended accordingly so that all parties concerned can get access to all the information. Exception to this applies where it is made special agreement between all invited suppliers.
(5) in determining the deadlines for applications for participation in the limited competitive bidding or competition with negotiation, the client shall especially take into account the complexity and the time that is required to prepare the offerings, without the minimum time limits laid down in this chapter are affected.
(6) with the exception of where it is provided for a deadline in the mutual agreement in accordance with the first paragraph, LITRA b, quotation deadline 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.
(7) by limited tender or competition with negotiation to the overall reduction of deadlines under no circumstances lead to a time limit for the receipt of offers that is shorter than 10 days from the day the invitation to give the offer was submitted, unless otherwise is agreed with the selected suppliers after the first paragraph, LITRA b.
section 9-3. The deadline for petition for temporary injunction 1.
The client can in a restricted competitive bidding or a competition with fix a deadline for negotiation when the petition for temporary injunction against funders decision to reject or reject a request to participate in the contest, including cases in section 10-1 (participation in a competition where it set a limit for the number of players), must be set up for the District Court.
2. The time limit shall be at least 15 days from the day after the funders notice under section 11-3 (funders to reason duty) the second paragraph letter a or b, is sent.
3. The client must state whether the deadline of the competition the basis or in a separate qualification basis, as well as in the notice to the provider that he is rejected.
Chapter 10. The conduct of the competition § 10-1. Participation in the competition where it is set a limit for the number of participants (1) selection of suppliers to provide quote by limited tender or to participate in the competition with negotiation, shall come to pass in accordance with objective criteria and rules that are available to all interested suppliers.
(2) the criteria may be based on the principal of objective reasons, reducing the number of suppliers to a level that justified with the need to create equilibrium between the particular aspects of the procurement proceedings and the means required to implement it. The number of current suppliers shall nonetheless be sufficient to ensure real competition.
section 10-2. Procedure by limited competitive bidding and competition with negotiation (1) the client shall at the same time and in writing invite the appropriate vendors to provide offers.
(2) the Invitation should include either a copy of the competition the basis and any additional documents, or a reference to where you get these if they are made available electronically in accordance with section 9-2 (the minimum deadlines by limited competitive bidding and competition with negotiation) the second paragraph. Invitation to a minimum contain the following information: a. the address of the body that the request for disclosure of additional documents should be directed to, finally, the deadline for such a request, as well as the amount and terms of payment for the amount, if any, required for the documents, b. Finally the deadline for receipt of offers, address these to be sent to and at what or which language they should be written, c. a reference to all public announcements , d. a statement of the documents, if any, should be attached to, e. criteria for the award of the contract, unless these are specified in the announcement on the application of a qualification scheme that used to come up with offers, e.g. relative weighting of criteria for the award of the contract or, where appropriate, the priority order for these criteria, if this information is not given in the announcement of the bidding competition, announcement of the existence of a qualification system or competitive , and g. any other particular conditions for participation in the competition.
(3) if competition basis or any additional documents not be stored at the client, enter the address to which the invitation to these documents can be obtained, and if applicable, the time limit for the request for the documents, the amount to be paid for them, and the method of payment. The competent authority will send this documentation to the supplier immediately after receipt of the request.
§ 10-3. Quotation design (1) the offer shall be in writing and made either directly or by mail.
(2) the quotation shall be signed.
(3) the offer can also be cast by electronic means provided that the competitive open for this and that the submission of the offer going on in accordance with section 7-1 (rules for communication) to the section 7-3 (special requirements for the systems for the electronic transmission and receipt of offers and request to participate in the competitions).
§ 10-4. Alternative quotations (1) 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.
(2) by the bidding procedures for the item or service contracts can principals that have allowed alternative quotations, do not reject an alternative offer purely on the basis that it if it is assumed, will be a service contract instead of a commodity contract or a commodity contract instead of a service contract.
§ 10-5. Requirements to the vendor and rejection (1) the client can set requirements for the vendors corresponding to the requirements specified in the regulations on public procurement section 20-12 and third paragraph. The client may reject the provider if the requirements are not met.
(2) 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.
(3) 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.
(4) the client shall verify the individual parts of the offer on the basis of the explanations provided.
(5) 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.
Chapter 11. The closing of the competition section 11-1. 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, aesthetic and funksjonsmessige characteristics, environmental characteristics, operating costs, rate of return, customer service, technical assistance, time for delivery or completion, spare parts and supply security. All the criteria that will be assumed to be stated in the announcement, competition basis or in the invitation to the filing deals or negotiate pursuant to section 8-5 (contest advertised in the form of indicative announcement). 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 competitive set criteria in order of priority with the most important first.
section 11-2. Goods originating in third States
(1) this clause applies to the offering that includes goods originating in third States, as far as not otherwise provided by international agreements that Norway is committed by, cf. section 1-9 (rights holders).
(2) any offer that applies to the allocation of a commodity contract can be rejected if the percentage of goods originating in third States, determined in accordance with Regulation (EEC) Nr. 802/68 on a common definition of the concept of cost of goods origin, exceeds 50 per cent of the total value of the items that are included in the offer. Software used in the equipment for the telecommunications network, is considered as goods in this provision.
(3) If two or more offers are equal from the allocation criteria will be pitched, offers that cannot be rejected according to the second paragraph, is preferred. By the application of this provision is considered to offer as equal with regard to price, if the price difference does not exceed 3 percent.
(4) an offer should still not preferred according to the third paragraph, if it leads to that the client must acquire materials that have different technical features than existing materials, and this would be incompatible with or cause technical problems by operation or maintenance, or lead to disproportionately high costs.
(5) for the purposes of this provision to determine the share of goods originating in third as mentioned in the second paragraph, to third States covered by the provisions of this regulation, in accordance with a decision within the context of the general decision-making process laid down in the EEA agreement in accordance with the first paragraph, not included.
(6) this provision can be changed on the basis of the development within the context of the general decision-making process laid down in the EEA Agreement.
section 11-3. Funders to reason duty 1.
The principal shall, in accordance with § 11-4 (notice of contract allocation and waiting period before entering into the contract) 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 client shall give written notice as soon as possible with a short justification if: a. a request to participate in the contest are rejected, b. a request to participate in the contest will be discarded where the client has set an upper limit for the number of participants, jf. § 10-1 (participation in the competition where it set a limit for the number of players), c. an offer is rejected, d. the contest is cancelled, or there will be e. established a dynamic procurement arrangement as published.
3. Message after the second paragraph letter d and e shall be given at the same time to all participants.
4. by the rejection of the offer in the cases referred to in § 7-8 (requirements for the performance and use of technical specifications) 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.
5. If the disclosure of information will: a. prevent law enforcement or otherwise run counter to the public interest, b. damage certain public or private businesses who legitimate business interests, or c. could be to the detriment of equal competition between undertakings, the client can decide that the information be withheld.
section 11-4. Notice of contract allocation and waiting period before conclusion of contract 1.
The principal should announce their decision about who should be assigned to 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 election under section 11-3 (funders to reason duty) the first paragraph, and educate people about the waiting period.
3. The client can 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 of waiting period does not apply to: 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, c. by the award of contracts within a framework agreement, cf. section 6-1 (framework agreements), or d. by the award of contracts within a dynamic purchasing system, cf. section 6-2 (dynamic purchase schemes).
5. If the client finds that the decision to award the contract is not in accordance with § 11-1 (criteria for the selection of offers) can the decision be cancelled until the contract is signed.
6. Contract or framework agreement is considered concluded when both parties have signed the contract or framework agreement.
section 11-4a. 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 pursuant to section 11-4 (notice of contract allocation and waiting period before entering into the contract), third paragraph, and the petition is put forward by the end of the waiting period, or b. the client has announced in accordance with section 8-5a (letter of intent announcement), and the petition is made within ten days from the day after the date of the announcement.
2. The suspension occurs when the petition is declared for the defendant. The defendant be informed of the suspension the impact by preaching.
3. The District Court shall at the same time that the petition is sent to the 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 after the letter of intent for the announcement.
5. it is not the suspension by the appeal of things the Court's decision.
section 11-5. Online auction (1) if the contract specifications can be determined exactly, the principal by open or restricted competitive bidding and competition after prior announcement, decide that it predates the award of a contract shall be held an online auction.
(2) an electronic auction may be held on the same terms by the award of contracts within the dynamic procurement arrangements pursuant to section 6-2 (dynamic purchase schemes).
(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 the allocation criteria set forth, and the weighting of them. all vendors who have provided 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 shall fix the date and time of 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, carried out in accordance with the weighting provided for in section 11-1 (criteria for the selection of offers) 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 reduced 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 all vendors sufficient information 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 the auction. The vendors ' 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 section 11-1 (criteria for the selection of offers) 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 prevents, restricts or distorts competition.
Chapter 12. Requirements for the storage of documents section 12-1. Requirements for the storage of information about contracts (1) the client shall keep the relevant information about each contract, so that the later is able to justify decisions hit in connection with: a. the qualification assessment and selection of suppliers and awarding of contracts, b. application of procedures without the announcement of competition in advance in accordance with section 8-2 (announcement of competition), third paragraph and c. failure to apply regulations in accordance with the exceptions set out in Chapter 1.
(2) the information shall be kept for at least four years from the day the contract was awarded, so that the client in this period on request can provide the EFTA Surveillance Authority the necessary information.
(3) the principal hit the appropriate measures to document the implementation of the procurement that is accomplished electronically.
Chapter 12A. Sanctions on illegal direct procurement, etc.
§ 12A-1. Lawsuit about to know the contract without effect 1.
The Court shall recognize a contract without effect when the client has: a. made an illegal direct acquisition, b. awarded a contract within a dynamic procurement arrangement in violation of section 6-2 (dynamic purchase schemes) the fifth to the seventh paragraph, and the contract exceeds the threshold values specified in section 2-3 (threshold values), or c. made other violations of this regulation that have influenced the vendor's ability to get the contract, and at the same time violated section 11-4 (notice of contract allocation and waiting period before entering into the contract) or signed a contract in violation of section 11-4a (suspension of the principal access to enter into the contract), 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 after the first paragraph, LITRA a when the client has announced in accordance with section 8-5a (letter of intent announcement) 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 a contract within a dynamic procurement arrangement 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 suppliers in accordance with § 11-4 (notice of contract allocation and waiting period before entering into the contract) the first and second paragraph, and the earliest signed the contract after the expiry of a volunteer waiting period in accordance with § 11-4 the third paragraph.
4. When essential because of the public's interests make it necessary to maintain the contract, the Court may fail to know the contract without effect. In such cases, the Court shall determine the sanctions as mentioned in section 12A-2 (lawsuits to truncate the contract or to the client I'm sentencing a violation fee).
5. a contract may 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 as mentioned in section 12A-2 (lawsuits to truncate the contract or to the client I'm sentencing a violation fee).
§ 12A-2. Lawsuits to truncate the contract or to the client I'm sentencing a violation fee 1.
The Court will truncate the run time or I'm sentencing the principal a violation fee when: a. the Court fails to recognize a contract without effect pursuant to section 12A-1 (lawsuit about to know the contract without effect) fourth paragraph, or b. the client has made other violations of section 11-4 (notice of contract allocation and waiting period before entering into the contract) or signed a contract in violation of section 11-4a (the suspension of the principal access to enter into contract) in other cases than those covered by section 12A-1 (lawsuit about to know the contract without effect).
2. The Court shall I'm sentencing the principal a violation fee when the contract feels without effect for future compliance under section 12A-1 (lawsuit about to know the contract without effect).
3. When 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.
§ 12A-3. Deadlines by lawsuits under section 12A-1 and section 12A-2 1.
Sanctions under section 12A-1 (lawsuit about to know the contract without effect) or § 12A-2 (lawsuits to truncate the contract or to the client I'm sentencing a violation fee) can only be imposed when the case be brought within two years from the contract is entered into.
2. If the principal has announced contest the result in accordance with section 8-6 (announcement of competition results) when a contract is awarded without prior announcement of the competition, sanctions under section 12A-1 (lawsuit about to know the contract without effect) first paragraph, LITRA a only be 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 can sanctions under section 12A-1 first paragraph, LITRA b or c or section 12A-2 first paragraph, LITRA b only be imposed, when the case has been filed within 30 days. The deadline runs from the day after the notice is sent.
Part III. Other procedures Chapter 13. Plan and design competition § 13-1. Plan and design competition (1) this paragraph applies to the plan-and design competitions as defined in § 4-2 (procedures) letter f, and that applies to: a. the allocation of contracts for public service buy where the estimated total value exceeds the values of service contracts, including any prizes or payment for participation, as mentioned in section 2-3 (threshold values) the first paragraph, or b. competition prizes and payments to participants make up a total amount that exceeds the value of the service contracts as mentioned in section 2-3 (threshold values) the first paragraph.
(2) upon execution of the plan and design contests to the client apply procedures adapted to the provisions of this regulation. The rules for arranging of plan and design contests shall be determined in accordance with the requirements of this paragraph and sent those interested in participating in the contest.
(3) planning and design competition to be announced in accordance with section 8-2 (announcement of competition), and section 8-6 (announcement of competition results).
(4) the access to participate in the plan and design competition can not be limited to one EEA State territory or a part of this, on the grounds that it according to the law of the EEA State in which the contest will be held, the participants are required to be either natural or legal persons.
(5) by plan and design competitions with a limited number of participants to the client determine clear and non-discriminatory selection criteria. In any event, should the number of vendors that are invited to participate be large enough to ensure real competition.
(6) the jury shall solely consist of natural persons who are independent in relation to the contest participants. If the required special competence to participate in the plan and design competition, will be at least one-third of the jury be in possession of the same or corresponding expertise.
(7) the jury shall be independent in their decisions and statements. The basis for the jury's decisions and statements to be plans and design that has been given to the anonymous review, and only the criteria that was specified in the announcement are relevant. Anonymity should be preserved until the jury's opinion or decision. The participants can be requested to answer questions which the jury has recorded in the Protocol to clarify some aspects of the projects. The Protocol should contain a complete record of the dialogue between jury members and the participants.
(8) the jury's assessments, conclusions and recommendations, including a ranking of the projects, to be recorded in a protocol signed by the jury members.
section 13-2. Rules for communication (1) section 7-1 (rules for communication) to the section 7-3 (special requirements for the systems for the electronic transmission and receipt of offers and request to participate in the competitions) is applicable for all communications in connection with the plan and design competitions.
(2) by communication, as well as the Exchange and storage of information, will be the principal ensure the integrity and confidentiality of all information provided by participants in the contest. The client shall ensure that the jury only get knowledge of the contents of plans and projects after the expiry of the time limit laid down for submission of these.
(3) information regarding the specifications necessary for the electronic presentation of plans and projects, including encryption, shall be available to the parties concerned. For the electronic receipt of plans and projects apply section 7-3 (special requirements for the systems for the electronic transmission and receipt of offers and request to participate in the competitions) accordingly.
section 13-3. Sanctions on illegal direct procurement For the plan and design contests shall apply the rules of chapter 12A (sanctions on illegal direct procurement, etc.) corresponding to conditions as described in section 12A-1 first paragraph, LITRA a.
Chapter 14. Alternative procedure section 14-1. Scope of the alternative procedure the client as mentioned in section 1-2 (who are in the scope of the regulation) first paragraph, LITRA a and b, who runs the business that has the purpose to exploit a geographical area to the exploration for or extraction of oil or gas pursuant to section 1-3 (activities that are covered by the regulation) letter b Nr. 1, by the making of contracts for purchase and item purchases, service by contracting the construction works, follow the rules in this chapter.
section 14-2. General principles for the making of contracts (1) the award of contract for the purchase of goods, services or construction work to take place after the contest based on non-discriminatory and objective procedures and criteria.
(2) information provided to suppliers about planned contracts, shall be granted on the basis of non-discriminatory and objective criteria.
(3) such information shall be disclosed at the same time to current suppliers and to a minimum contain the following information: a. name, address, telephone number and other relevant telecommunications addresses to the client or the agency that can provide additional information about the contract, b. a specification of the nature and scope of the goods or services to be delivered or the construction works to be performed, and c. a brief description of the procurement procedure that will be used.
section 14-3. Storage and display of information (1) the client shall keep the relevant information about each contract to make it at a later time is possible to justify the decisions struck in connection with the award of contracts.
(2) For contracts with a value assigned in excess of 44 million excluding. sales tax. to the client within 48 days after the day of contract award submit the EFTA Surveillance Authority the following information: a. name and address of principal, b. contract type, such as item, service, or construction. If it is entered into a framework agreement should this be stated, c. clearly stating the nature of the products, works or services provided, for example, by referring to the CPA-nomenklaturet, d. indication of whether the acquisition was announced, and if so, in what newspapers or magazines. In the opposite case the acquisition procedure that was used is specified, e. number of received offers, f. date of award of the contract, g. name and address of the vendor that has got the contract, h. contract value, the expected duration of the contract., j. indication of the proportion of the contract which has been or may be handed over to subcontractors, if this proportion exceeds 10 percent , k. the State of origin to the product or service, l. hovedkriteriene for the assignment that is assumed by the selection of the economically most advantageous offer, and m. whether the contract was assigned to a vendor who has submitted an offer that is different from the order placer's original specifications.
The above information is not intended for publication.
(3) For assigned contracts with a value exceeding 3.5 million excluding. VAT, but that is under 44 million excluding. VAT, will be the principal keep the information for each contract as mentioned in the second paragraph of the letter a in, for at least four years from the day when the contract was awarded. This information will be for each contract that is entered into in the course of a block is sent to the EFTA Surveillance Authority either immediately, on request or at the latest 48 days after the end of each quarter.
Part IV. Exemption and the ikraftsetting chapter 15. Exemption from the supply regulations and the law on public procurement section 15-1. Exemption from the supply regulations and the law on public procurement (1) Contracts entered into with a view to make it possible to exercise an activity referred to in section 1-3 (activities that are covered by the regulations), are not covered by the law on public procurement and regulations given in pursuance of this Act, if the EFTA Surveillance Authority have made decisions in accordance with Directive 2004/17/EC article 30 that the activity is exempt.
(2) the client can send the application for exemption directly to the EFTA surveillance authority. Before the application can be submitted, should the client obtain a statement from the Norwegian competition authority. The Norwegian competition authority has 60 days to make a statement. The application shall contain the information as set forth by the EFTA surveillance authority.
Chapter 16. § Ikraftsetting and venue 16-1. Compulsory jurisdiction of litigation about violation of this regulation be raised for the Stavanger District Court when the client driver activity as mentioned in § 1-3 (activities that are covered by the regulation) letter b Nr. 1. section 16-2. Ikraftsetting the regulation applies from the time of government administration, reform and Church Affairs determines the. 1 from the same time repealed regulations 5. December 2003 No. 1424 on purchase rules of the principals within water and energy supply, transport and telecommunications (supply sectors).
Appendix 1. List of different forms of construction work list of forms of professional activity in the field of building and construction work, Building-and 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 of 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, stucco 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. -Priority services with priority services is meant: category description of service 1-URCPC-ref.nr ref.nr CPV.
(1) maintenance and repair services 6122 6112,, 633, 886 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) Land transport, including the transport and security kurértjenester, except rail transport that belong under the category 18, and mail transportation 712 (except 71235), 7512, 87304 60100000-9 to 60183000-4 (except 60160000-7, 60161000-4, 60220000-6), and 64120000-3 to 64121200-2 (3) air transportation of people and goods , except mail transport 73 (except 7321) 60410000-5 to 60424120-3 (except 60411000-2, 60421000-5), and 60500000-3, 60440000-4-60445000-9 (4) Mail transport in the air and on land, except with the railway that belongs under the category 18 71235, 7321 60160000-7,60161000-4 60411000-2, 60421000-5 (5) 752-telecommunications services 64200000 8 to 64228200-2, 72318000-7 and 72700000-7 to 72720000-3 (6) financial services ex 81, 812, 814 66100000-1 to 66720000-3 a) insurance
b) banking and investment services, except contracts for financial services in connection with the private placement, purchase, sale and transfer of securities or other financial instruments, and Central Bank services (7) the SOFTWARE and related services 84 50310000-1 to 50324200-4 72000000-5 to 72920000-5 (except 72318000-7 and 72700000-7 to 72720000-3), 79342410-4 (8) research and development services in full is paid for by the client and which fully accrue to the client to use in his business 85 73000000-2 to 73436000-7 (except 73200000-4 , 73210000-7, 73220000-0) (9) accounting, auditing and bookkeeping 862 79210000-9 to 79223000-3 (10) market and opinion research 79300000 864-7 to 79330000-6 and 79342310-9, 79342311-6 (11) consulting in management and administration, and related services, except arbitration and mediation services 865, 866 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 (12) Architect business, Advisory engineering and integrated engineering, city planning and landscape architecture , by this related technical-vitenskaplig consultancy, technical tests and analysis 71000000 867-8 to 71900000-7 (except 71550000-8) and 79994000-8 (13) Advertising Services 871 79341000-6 to 79342200-5 (except 79342000-3 and 79342100-4) (14) Building cleaning and property management 82201 to 82206 874, 70300000-4 to 70340000-6, and 90900000-6 to 90924000-0 (15) the publishing-printing and on fees or contract basis 88442 79800000-2 to 79824000-6, 79970000-6 to 79980000-7 (16) Sewage and waste disposal, cleaning and similar services 94 90400000-1 to 90743200-9 (except 90712200-3 , 90910000-9 to 90920000-2 and 50190000-3, 50229000-6, 50243000-0) Appendix 3. Uprioriterte services with uprioriterte services is meant: category description of service CPC-ref.nr.
CPV-ref.nr. (17) hotel and restaurant business 55100000 64-1 to 55524000-9, and 98340000-8 to 98341100-6 (18) the railway transportation 711 60200000-0-60220000-6 (19) Transport of waterway 60600000 72-4 to 60653000-0, and 63727000-1 to 63727200-3 (20) support and help services in connection with the transport 74-9 63000000 to 63734000-3 (except 63711200-8, 63712700-0, 63712710-3, and 63727000-1 to 63727200-3), and 98361000-1 (21) legal services 861 79100000-5 to 79140000-7 (22) selection and recruitment of personnel 79600000 872-0-79635000-4 (except 79611000-0 , 79632000-3, 79633000-0), and 98500000-8 to 98514000-9 (23) Etterforskings and security services, except the security transport 873 (except 87304) 79700000-1 to 79723000-8 (24) teaching and vocational education 80100000-5 92 to 80660000-8 (except 80533000-9, 80533100-0, 80533200-1) (25) health and social services 93 79611000-0-9, and to the 85323000 85000000-9 (except 85321000-5 and 85322000-2) (26) leisure, cultural and sports services 96 79995000-5 to 79995200-7, and-1 to 92700000 92000000-8 (except 92230000-2, 92231000-9, 92232000-6) (27) other services