Intermediary AS

Expert support for navigating Norwegian public procurement — ensuring compliance, efficiency, and competitive bids.

Public vs. Private Market

Private Procurement

● Low level of regulation
● You must receive an invitation and depend on personal relationships, visibility, or brand strength for business opportunities
● No specific requirements for communication or equal treatment
● Negotiations may or may not take place
● Evaluation criteria are often unclear or discretionary
● No formal complaint mechanism

Public Procurement

● Strictly regulated
● Published on Doffin
● Open competition — “anyone” may participate
● Written communication with strict requirements for equal treatment
● Predictable and transparent evaluation of bids
● All bidders are informed of the award decision at the same time
● Right of access to documents and formal complaint mechanisms

● Different tender documents for similar procurements
● Unclear or ambiguous requirements specifications
● Uncertainty about how the bid should be structured and presented
● Limited time to prepare and submit bids
● Complex legal framework (Public Procurement Act and Regulations)
● High supplier qualification requirements
● Lack of transparency on how bids will be evaluated

Before the Competition

● Monitor prior information notices
○ Used to inform the market about upcoming procurements
○ Participate actively and provide input to influence the scope
● Identify potential public customers
○ Review websites for awarded contracts
○ Use alert services for expiring framework agreements and public budgets
● It is permitted to contact buyers outside announced competitions
○ Opportunity to present your company and showcase innovative solutions
○ Inform buyers about relevant challenges in your market
● This is your opportunity to make future competitions more accessible
● Awareness of your company can increase your chances of winning

● Limited resources to carry out high-quality procurements
○ Buyers often work alone, without a professional procurement environment
○ In some cases, procurement is only a part-time responsibility
○ Processes are often already delayed

● Smaller municipalities lack dedicated procurement staff and strategy
○ Limited time for preparation
○ Low level of early supplier involvement
○ Reuse of documents (“copy–paste”) rather than tailored tender material

The evaluation will be influenced by several factors:
● Risk avoidance
○ Price changes or project costs getting out of control
○ Delays
○ Not receiving what was ordered
● Avoidance of (being caught) making mistakes
● Fear of having to enter into a contract with a supplier with whom there has been poor prior experience

Supplier requirements
○ Ensure fulfillment of the contracting authority’s needs
● General principle: proportionality between the requirements and the nature of the delivery

Requirements related to the supplier’s registration, authorizations, etc.

(1) The contracting authority may require that the supplier is registered in a business register, professional register, or commercial register in the state where the supplier is established.

(2) For the procurement of services, the contracting authority may require that the supplier holds a specific authorization or is a member of a specific organization, where this is required in the supplier’s country of establishment.

(1) The contracting authority may only set requirements that are relevant to ensuring that the supplier has the economic and financial capacity to perform the contract, including:
a. a requirement that the supplier has a minimum annual turnover, including a minimum annual turnover within the area covered by the contract. This requirement shall not exceed twice the estimated value of the contract. The contracting authority may nevertheless impose stricter requirements if there is an objective justification, for example where there is a particular risk due to the nature of the procurement. The justification for stricter requirements shall be stated in the procurement documents;
b. requirements related to the balance sheet, provided that transparent, objective, and non-discriminatory methods and criteria for assessment are specified in the procurement documents;
c. a requirement that the supplier holds relevant professional liability insurance.

(2) Where the contracting authority divides the procurement into lots, this provision applies to each individual lot. The contracting authority may, however, set a requirement for minimum annual turnover for groups of lots where the supplier may be awarded several lots to be performed simultaneously.

(3) In a framework agreement with multiple suppliers where contracts are awarded following a reopening of competition, the requirement for minimum annual turnover shall be calculated on the basis of the expected maximum value of the contracts to be performed simultaneously. If this value is not known, the requirement shall be calculated on the basis of the estimated total value of the framework agreement.

(4) In a dynamic purchasing system, the requirement for minimum annual turnover shall be calculated on the basis of the expected maximum value of the contracts to be awarded under the system.

(1) As documentation of the supplier’s economic and financial capacity, the contracting authority may, among other things, require the submission of the following documents:
a. proof of professional liability insurance;
b. the company’s annual accounts or extracts thereof, where publication of annual accounts is required in the state in which the supplier is established;
c. the balance sheet;
d. a statement of the company’s total turnover for up to the last three available financial years. The statement may also relate to turnover within the area covered by the contract where such information is relevant and available;
e. credit ratings.

(2) Where the supplier has a justified reason for not being able to submit the documentation required by the contracting authority, the supplier may demonstrate its economic and financial capacity by submitting any other document that the contracting authority considers appropriate.

(1) The contracting authority may only set requirements that are relevant to ensuring that the supplier has the technical and professional qualifications, including human and technical resources and experience, necessary to perform the contract.

(2) For procurements of supplies that include assembly and installation work, services, or works contracts, the contracting authority may assess the supplier’s professional qualifications on the basis of their skills, efficiency, experience, and reliability related to the performance of such services and works.

(3) In competitions for innovation partnerships, the contracting authority shall in particular set requirements relating to the supplier’s qualifications in research and development, including the development and implementation of innovative solutions.

(1) As documentation of the supplier’s technical and professional qualifications, the contracting authority may only require the submission of the following documents:

a. a list of construction works carried out by the supplier during the past five years, together with certificates of satisfactory performance for the most important works. Where necessary to ensure sufficient competition, the contracting authority may state that documentation of relevant works carried out more than five years ago will also be taken into account;

b. a list of the most important deliveries of goods or services carried out by the supplier during the past three years, including information on the value of the contracts, the time of delivery or performance, and the name of the recipient. Where necessary to ensure sufficient competition, the contracting authority may state that documentation of relevant deliveries or services carried out more than three years ago will also be taken into account;

c. a description of the technical personnel or technical units available to the supplier to perform the contract, in particular those responsible for quality control;

d. a description of the technical facilities and research and investigation facilities available to the supplier, as well as the supplier’s quality assurance measures;

e. a description of the management of the supply chain and the tracking systems that the supplier will use to perform the contract;

f. information on education and professional qualifications;

g. a description of environmental management measures;

h. a description of the supplier’s average annual workforce and the number of managerial staff over the past three years;

i. a description of the tools, materials, and technical equipment available to the supplier to perform the contract;

j. a description of the share of the contract that the supplier intends to subcontract.

(2) For procurements of goods, the contracting authority may require the following documentation:
a. samples, descriptions, or photographs of the goods. At the contracting authority’s request, the supplier shall provide certification that they are genuine;
b. certificates issued by competent official bodies for quality control confirming that the goods comply with technical specifications or standards.

(3) For procurements of goods or services that are complex, or that exceptionally are to be used for a specific purpose, the contracting authority may verify the supplier’s production capacity or technical capacity and, where necessary, the supplier’s available research and investigation facilities and quality control measures. The contracting authority may instead delegate such verification to a competent public authority in the state where the supplier is established.

(4) Documentation requirements shall be proportionate to the nature, scope, importance, and intended use of the procurement.

(5) Documentation used by the contracting authority in the assessment of qualification requirements may also be used in the evaluation of award criteria, provided that the subject of the assessment is different.

(1) The contracting authority may require certificates issued by independent bodies as documentation that the supplier complies with certain quality assurance standards, including requirements related to universal design. Such quality assurance standards shall be based on relevant European standard series certified by accredited bodies. The contracting authority shall accept equivalent certificates issued by bodies in other EEA states.

(2) The contracting authority may require certificates issued by independent bodies as documentation that the supplier complies with certain environmental management systems or standards. The contracting authority shall refer to the EU Eco-Management and Audit Scheme (EMAS), other recognized environmental management systems under Regulation (EC) No. 1221/2009 Article 45, or other environmental management standards based on relevant European or international standards from accredited bodies. The contracting authority shall accept equivalent certificates issued by bodies in other EEA states.

(3) The contracting authority shall accept other documentation for equivalent quality assurance measures or environmental management measures where the supplier does not have the possibility to obtain such certificates within the deadline, and this is not due to the supplier itself. This requires that the supplier demonstrates that the measures correspond to the requested quality assurance standards or environmental management systems or standards.

Contracts reserved for organizations employing persons with disabilities or disadvantaged persons

The contracting authority may limit participation in the competition to organizations or programs whose main purpose is to integrate persons with disabilities or disadvantaged persons into the workforce. This applies only where at least 30 percent of the employees of the organization or program have a disability or are disadvantaged. Where the contracting authority uses this option, it shall state this in the contract notice.

(1) In a restricted procedure, a negotiated procedure with prior publication, an innovation partnership procedure, and a competitive dialogue, the contracting authority may set a minimum, and optionally also a maximum, number of suppliers to be selected to submit tenders.

(2) The contracting authority shall state the minimum and maximum limits in the contract notice or in the invitation to confirm interest, together with objective and non-discriminatory criteria or rules for selecting any surplus qualified suppliers.

(3) The contracting authority shall select a sufficient number of participants to ensure genuine competition, but not fewer than five in a restricted procedure or fewer than three in a negotiated procedure with prior publication, an innovation partnership procedure, or a competitive dialogue. The contracting authority may select fewer suppliers than stated in the notice or invitation if there is an insufficient number of qualified suppliers.

(4) The contracting authority shall as soon as possible provide suppliers who are not selected with written notification of the selection. The notification shall include a brief justification.

Minimum performance requirements (the goods/service)

Also referred to as MUST requirements or SHALL requirements.
● Do you meet these requirements?
● Document that the minimum requirements are met.
● Failure to meet minimum requirements may lead to rejection of the tender.

The criteria shall identify the most economically advantageous tender.
● The criteria must be linked to the subject matter of the contract
○ e.g. price, quality, life-cycle costs, environmental aspects, social considerations, and innovation
● The contracting authority shall specify documentation requirements for each criterion