This report contains the Committee's view on several issues regarding public procurement practices and the draft for a new act on public procurement, including special remarks to the suggested regulations.In accordance with the mandate, the Committee's aim has been to adjust the existing regulations on state procurement to current and future challenges. In order to make the regulations more accessible to both contracting entities and to economic operators, simplification of the regulations has been emphasised. The Committee's main objective has been to develop a professional purchasing tool, contributing to more efficient public procurement. The Committee's proposal have been adapted to existing international agreements, including The European Economic Area (EEA)- agreement and the WTO agreement on public procurement. The Committee stresses that the issues most appropriately solved through regulations, and thus covered by the proposal, by far cover every aspect of importance to secure efficient public procurement.Although the Committee has not proposed concrete measures beyond regulations, it wants to stress that a premise for efficient state procurement is continuous improvements of all parts of the procurement process. It is necessary that the procurement process is well planned, including the definition of needs and the specification of requirements. To as great extent as possible, the requirements should be defined in terms of output and performance. To ensure quality and economy over time, the relevant cost factor is whole life cost, not lowest short term price.Further, the Committee wants to emphasise the need for enhanced training and skill development of the procurement staff in order to achieve professional procurement processes. Enhanced training and skill development will also be necessary in order to achieve an efficient effect of the regulations. The Committee has been requested to consider and if necessary to propose new rules regarding the clause to prevent hiring one-man firms for state construction works, the tax certificate, environmental aspects, compliance with regulations on health, environment and security and apprentices.Great parts of the committee's time and activities have been spent on considering the so-called social considerations mentioned above. This is also reflected in the report.The motive for taking social considerations in the procurement process is primarily to achieve objectives beside the procurement itself. However, in many cases the social considerations may be in well accordance with the objective of the procurement, but in other cases the social considerations might be totally irrelevant and even in conflict with the aim of the procurement. It is the profound view of the Committee that social considerations should only be connected to public procurement when they are relevant and do not conflict with the aim of the procurement. Further, the Committee has emphasised that the regulations must be drafted in such a way that they do not lead to unnecessary use of resources, and do not permit unnecessary use of discretion.The Committee recommends following a restrictive line when opening for social consideration to be included in the new regulations on public procurement. In the case of future proposals for social considerations to be included in the regulations, the Committee will strongly recommend a thorough clarification on the issues concerned. The Committee has suggested a minimum of factors that have to be examined in such a clarification. According to the mandate, the Committee has been asked to consider whether it would be desirable to maintain the requirement for tax certificates in state procurement. State contracting entities are today in circular K-2/95 of 28th of July 1995, which entered into force 1st of October 1995, instructed to require tax certificates. Through this circular all state contracting entities are instructed to demand the tax certificate not later than at the deposit of a tender, or not later than at the conclusion of a contract in case of negotiated procedure. It is known to the Committee that many local authorities also require tax certificates in their procurement process.The Committee recommend that the instruction to require a tax certificate according to existing rules be maintained, but proposes the instruction to be included in the regulations. The threshold value is proposed adjusted to 250 000 NOK. The Committee suggests that the tax certificate requirement also shall come into force for direct procurement.The Committee proposes that the time-limits for the presentation of the tax certificate is maintained. However, in the case of negotiated procedure, the time-limit is proposed changed to correspond to the time-limit of the tender.In the case of a tax certificate showing arrears, this information shall be included in the overall judgement of the suppliers' economic and financial position and ability. Whether the tender shall be rejected or not shall thus be based on a concrete overall judgement. This is also the case today. The main rule, however, is that the suppliers should be rejected when having tax arrears. The requirement for presenting tax certificates also applies to all subcontracts, yet limited to construction contracts. This means that the tax certificate requirement shall apply to the total pyramid of subcontractors.
Forarbeid