Tendering in Norway below EU/EEA-threshold values

Within the EU and the European Economic Area, the EU-law sets out rules for when public contracts must be publicly notified in the electronic database TED. These rules correspond to when the harmonized rules for public procurement are applicable. How do you as an international supplier, access the competitions governed by the strict national rules in Norway?

The thresholds for when the harmonized rules apply are connected to certain financial values. If a public contract has an estimated value equal to or higher than the given threshold value, the rules apply. These threshold values are updated every two years. For contracts with an estimated lower value, national rules apply. Norway has a national threshold value of 1.3 million NOK.

Same structure, more lenient

Norway, as a member of the EEA, is obliged to transpose the EU procurement legal framework into Norwegian law, and to ensure a uniform application and interpretation of these rules.

Below the threshold values stated by the EU, Norway has created more lenient rules for tendering. The rules are however built over more or less the same structure as the more rigid set of rules above EU/EEA threshold. The legislation applicable under the EU threshold are in harmonization with the general principles that govern all public procurement above NOK 100 000.

The basic Principles of Public Procurement are transparency, competition, predictability and non-discrimination.

Read more: Tender for public contracts in Norway

National rules

The Norwegian national rules for public procurement below the EU/EEA threshold value were created at the same time as the EEA-directives were transposed into Norwegian law in 2017. This resulted in a updated set of rules governing the entire field of public procurement.

Contracts with a value below NOK 100 000

According to the public procurement legislation, all contracts with a value below the threshold of NOK 100 000 are exempted from both the Act on Public Procurement and the Regulation on Public Procurement.

Get help: Public procurement in Norway

Contracts with a value between NOK 100 000 and NOK 1.3 million

For contracts with a value between NOK 100 000 and NOK 1.3 million, only the Act applies. This means that such contracts can be awarded applying the general principles found in the Act. It is not mandatory to publish procurement notices for contracts with an estimated value of less than NOK 1.3 million.

How to be invited to tender for “smaller” contracts

For providers, this means that the way to be invited to tender for these “smaller” contracts, is by making yourself visible to the contracting authorities.

When possible, attend exhibitions.
Have stands in relevant conferences.
Have an online availability that is easily accessible to contracting authorities.
It is also possible to ask to be allowed to present your product directly.
Forward your brochures and marketing materials.

Already have a contract? Do the right things when doing business in Norway

Contracts with a value above the national threshold of NOK 1.3 million

When buying goods, services, and works above the national threshold of NOK 1.3 million, the contracting authorities must apply the detailed public procurement regulations. The Norwegian authorities introduced a new procedure for these contracts with an estimated value between the national threshold value and the EU/EEA-threshold values.

The Norwegian name of this competition is “tilbudskonkurranse”; this can be translated as an “offer-competition.” The contract will be made public through a notice in the national database for public procurement, www.doffin.no. How the contracting authority plans to perform the specific competition will be set out in the competition documents.

The main characterisation of the “offer-competition” is that the contracting authorities may – if they find it necessary – negotiate all sides of the tender submitted, including price, technical specifications, etc. When tendering, it is therefore important that you check the competition documents, to check if the contracting authorities are planning a negotiated procedure or not.

Magnus Legal and Inventura combine forces

In order to offer our customers the best expertise in the area of public procurement, Magnus Legal has entered into cooperation with Inventura. Inventura offers comprehensive and complete assistance, that will increase your chances of winning the competition.

Inventura – experts on procurement and supply chains

Inventura is a Norwegian consulting company, specializing in procurement and public procurement, and the development of efficient value chains. With almost 100 lawyers, economists, engineers and other skilled professionals, passionate about procurement, Inventura can guide you safely through the processes connected to procurement and giving tenders in both the private and public sector. Inventura has experience from many industries and assist both buyers and suppliers. They have offices in Oslo and Bergen, and customers nationwide – and abroad.