According to the mandate, the Committee is also asked to consider if, when and possibly how the compliance of regulations on health, environment and security can be documented and taken account of.The Committee emphasises that such requirements have to be formulated and practised in such a way that unnecessary use of resources is avoided both for the contracting entities and the firms. Further, it is a premise for including such requirement that they do not contribute to an unclear distribution of responsibility towards the actual authorities responsible for supervising the regulations on health, environment and security. The state contracting authorities must not be given supervision responsibilities.The Committee proposes that a provision is included in the regulations that instructs state contracting entities to demand the presentation of a declaration, signed by the director and by a representative of the employees, that confirms the existence of, or the plan for, a scheme on health, environment and security which is in accordance with the regulations regarding health, environment and security (Internkontrollforskriften) of 6th December 1996.The requirement for a declaration is proposed to cover all types of procurements. Foreign suppliers will only be covered by the requirement when performing work on a state contract in Norway.The same threshold value is proposed for the declaration on health, environment and security as for the tax certificate, i.e. NOK 250 000. In case a declaration is not presented, the supplier should be rejected. The Committee is asked to consider whether an apprentice clause should be introduced in the regulations for state procurement. For the Committee, one of the issues has been whether such a measure would contribute to cover the need for apprentices that has emerged after the introduction of the school reform «Reform 94». The Committee's view is that there is uncertainty connected to the possible effect of such a clause for the time being, and refers to other, more efficient, measures that have been introduced. The EEA-agreement and the WTO-agreement on public procurement further constrain the possible formulation and use of an apprentice clause.The majority of the Committee doubt that an apprentice clause will comply with the EEA-regulations on public procurement, and as the effect is uncertain, the majority will at present not propose the inclusion of an apprentice clause in the regulations on state procurement.The minority of the Commission consider it possible to formulate an apprentice clause that is in accordance with the EEA-regulations for public procurement. This member will therefore propose the introduction of an apprentice clause in the state procurement regulations if it appears to be difficult to achieve sufficient numbers of apprenticeships due to Reform-94. The Committee has considered measures against so-called «kontraktør»-activities (undesirable or illegal business activities). Today's regulations contain a clause to prevent hiring one-man firms for construction works. Objections to today's provision regarding «kontraktør»-activities are among others that one-man-firms and small-size enterprises that operate legally, can have difficulties in obtaining public work contracts. If one-man-firms do not obtain public contracts, they will have to operate solely in the private market, which is more volatile and exposed to business cycles. Further, it is the Committee's view that the clause gives the contracting entity and the private building contractor an undesirable authority function towards private operators. In addition, this leads to a use of extra resources.It has been of vital importance for the Committee that, even with adjustments to the existing clause, there is no evidence securing that the clause will be in accordance with the EEA-regulations.The Committee has attached importance to the fact that many of the considerations that the clause was aimed at covering, can be taken care of by other means, and other proposals from the Committee. Tax certificates as well as the declaration on health, environment and security will exclude the participation of undesirable and illegal firms in state work projects. On this background, the Committee has concluded that the clause to prevent hiring one-man firms for state construction works should be replaced by other, more efficient measures.
Forarbeid