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. Norwegian procurement legislation requires the public sector to follow certain procedures when entering into such contracts, and also 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. With extensive experience in both the preparation and implementation of procurements within the public sector, the team has considerable insight into the issues that can arise throughout a procurement process. As such, the team is ready to provide quick, practical advice to our clients, whether a public body or a potential supplier.
We 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 your goals.
Within the field of public procurement, we represent both public bodies and suppliers in the public and utilities sectors, as well as the defense and security sectors. We also have extensive experience with procurements form a wide variety of markets.
Our procurement team also hosts regular customised public procurement courses and speeches for both public bodies and suppliers.
Our procurement team is in 2023 ranked in the Legal 500.
We offer
Assistance to suppliers typically includes:
- Assistance in connection with the pre-qualification and bidding processes, both in the preliminary stages of submission and upon completion of negotiations.
- Assistance in connection with complaints to the contracting authority and to the Public Procurement Complaints Board.
- Dispute resolution before the courts (including seeking temporary injunctions and claims for compensation).
Assistance to public bodies typically includes:
- Preparation and/or quality control of tender documents and all relevant appendices.
- Assessment of potential exclusion grounds related to both suppliers and tenders, as well as assistance in the preparation and quality control of rejection letters.
- Assessment of whether a procedure should be cancelled, as well as assistance in the preparation and quality control of cancellation letters.
- Preparation and/or quality control of the contracting authority's qualification and award process.
- Development and/or assessment of the contract award notice and the contract itself.
- Assistance in designing the terms and conditions for awarding and performing framework agreements.
- Handling of complaints from suppliers on behalf of the contracting authority.
- Handling of complaints to the Public Procurement Complaints Board.
- Dispute resolution before the courts (including defending applications for temporary injunctions and claims for 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 the 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. The government has proposed (Norwegian) to increase the use of environmental requirements in public procurement further so that the purchasing power of the public sector can be leveraged to a greater extent in the environmental and climate campaign.
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
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.
Amendments to the Public Procurement Act - strengthened measures against labour market crime and social dumping
Recent amendments to the Public Procurement Act, which came into effect 16 June 2023, represent an important first step in the government's efforts to establish a "Norwegian model" for public procurement. These changes provide expanded regulatory powers to promote labour and social conditions, as well as combat labour market crime.
