Procurement
We have a strong team of lawyers with extensive expertise in competition law, public procurement, state aid, and EU/EEA law. These are highly demanding areas of law, which have a significant impact on both the private and public sectors.
Each year, the public sector procures goods, services and construction work for approximately NOK 600 billion. The procurement legislation requires the public sector to follow certain procedures when entering into such contracts, and sets out guidelines for what changes can be made to existing contracts.
Our team of lawyers work with public procurement on a daily basis, and has the experience, competence and capacity to handle all types of cases for both suppliers and public authorities. The team has extensive experience in both preparing and carry out procurements on behalf of public authorities from the beginning until the end, which gives the team considerable insight into the practical and legal issues that can arise throughout a procurement process. As such, the team is ready to provide quick and practical advice to all our clients, whether this is a public body or a supplier.
We do not only help clients understand and abide by the procurement legislation, but we actively contribute to the realisation of their commercial goals. We aim to be attentive and solution-oriented when we provide our advice, and to be a trusted adviser who understands the client's goals and the industry/market it operates in.
We represent both public bodies and suppliers in the public and utilities sectors, as well as the defence and security sectors. We also have extensive experience with procurements from a wide variety of markets.
Our procurement team also hosts regular customised public procurement courses and seminars.
Our procurement team is ranked in the Legal 500.
We offer
Assistance to suppliers typically includes:
- Assistance with the pre-qualification and bidding processes, both in the preliminary stages of submission and during negotiations.
- Assistance with complaints to the contracting authority and to the Public Procurement Complaints Board.
- Disputes before the courts (seeking temporary injunctions and claims for compensation).
Assistance to public authorities typically includes:
- Preparation of the strategy for the procurement process.
- Preparation and/or quality control of tender documents and all relevant appendices, including the contract.
- Assessment of potential exclusion grounds, as well as assistance in the preparation/quality control of rejection letters.
- Assessment of questions regarding cancellation of the procurement, as well as assistance in the preparation/quality control of cancellation letters.
- Carrying out/quality control of the contracting authority's qualification and award process, including preparation/quality control of the contract award notice.
- Handling of complaints from suppliers to the contracting authority, including requests for information.
- Handling of complaints to the Public Procurement Complaints Board.
- Disputes before the courts (defending applications for temporary injunctions and claims of compensation).
- Evaluation of the tender process after completion.
Green Procurement
Green procurement is an is an increasingly vital aspect of sustainable development, and it is an effective and necessary tool for Norway to achieve its climate goals under the Paris Agreement and the UN’s sustainability goals. Public sector contracting authorities are obliged to adapt their procurement practices to reduce harmful environmental impact and promote climate-friendly solutions where relevant. As such, environmental and climate considerations should be taken into account in both internal management documents and individual procurements.
Public sector sales are worth approximately USD 62 billion annually, and greener public procurement can be of great importance in the green shift, especially if used strategically. In 2023, the government strengthened requirements to integrate climate and environmental considerations into public procurement. In several of the EU's legal acts related to the green transition, green procurement is used as a key tool to drive the desired competitive shift toward green projects and technologies.
In individual procurements, environmental and climate considerations can be addressed in various ways. However a well-arranged procurement that stimulates higher environmental performance and healthy competition is crucial. From a supplier perspective, a focus on environmentally and climate-friendly solutions will constitute a competitive advantage in the future. By participating in market invoicing or providing input on competition documents, suppliers can help to push the procurement market in a greener direction.
Read our articles on Procurement
Defence procurements at Norwegian yards – new rules on ownership control
Norway’s new long term defence plan will most likely lead to several new defence contracts. Contractors entering into such contracts may have to comply with additional contractual and regulatory requirements. This includes the Norwegian Security Act, and its recently revised rules on ownership control.
The Foreign Subsidies Regulation now in force
The Foreign Subsidies Regulation ("FSR") (Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market) aims to expand EU/EEA state aid control to financial contributions from third countries, in order to prevent "foreign subsidies" from distorting the internal market.
Important changes to the procurement regulations – tightening requirements to consider climate and environmental concerns
The changes in the procurement regulations, rooted in the Hurdal Platform's ambitions for a more sustainable and environmentally friendly business sector, will have significant implications for both suppliers and contracting authorities. The clear message is that sustainability and innovation will become even more central competitive factors, while the burden on contracting authorities to ensure climate-friendly solutions in the design and implementation of their procurements will increase.
