In the choice of the legal status of the regulations, the Committee suggests that the act becomes more specific than today. This is done by introducing some main principles in the act itself. In the view of the Committee, this will put more weight to the principles, and thus have a clear signal effect. The provisions regarding the procedures are quite detailed and are therefore proposed given in the form of a regulation. That is also the case for the EEA-provisions today. This implies, however, a change compared to the situation today when it comes to procurement under the threshold values. Today, these procurements are regulated by Regulations for the state's procurement activities (REFSA), which are instructions. This implies that infringements have been considered as an internal matter in the state. The suppliers have not had the right to appeal to the court in case of unjust treatment. The Committee questions whether today's solution is convenient, with a national system for appeals over threshold values, while there are no such possibilities under the threshold values. This is so, in spite of the fact that the latter are much more important in economic terms.The Committee would recommend that the appeal system which is established for EEA-procurement also should be used for procurements under the threshold values. An efficient appeal system is a premise for an efficiently functioning public procurement market. The Committee does not foresee a great increase in the number of appeals, due to the fact that the threshold for appealing to court is generally high in Norway.When it comes to solving infringements, the Committee will point to the need for a closer examination of the Norwegian appeal system.The Committee also thinks that an improvement of the advisory system is needed. An advisory body which also can prevent and solve conflicts between contracting entities and suppliers may be feasible.The Committee suggests that these question should be studied further. The Committee proposes that there should be equal status between negotiated procedures and open and restricted procedures for state procurements under the threshold values. This equal choice will give the entities the necessary flexibility, more similar to that of private enterprises. A greater use of the negotiated procedure must be considered in combination with the proposed enhanced use of requirements in terms of output and performance. The negotiated procedure requires professional procurers in order to obtain the full effect of the procedure.The Committee will emphasise that it does not propose a new procedure without procedure rules. In accordance with the wish of the Committee, the negotiated procedure shall be an equal alternative. This implies new procedure rules for this type of procurements. It is a premise that the entities announce also before a negotiated procedure. In this way the main principles of non-discrimination and openness are taken account of.The maximum amount for direct procurement is suggested adjusted from 150 000 NOK to 250 000 NOK. The Committee proposes an extended obligation for state entities to give the reasons for their choice under the threshold values. The provision is identical to the provision above threshold value. The reason for the proposal is that this is an efficient measure to enhance the competitiveness of the suppliers at the same time as it contributes to openness and transparency in the procurement process. Today's regulations contain references to existing standards, e.g. NS 3400, Competition rules for the works sector and General contract provisions on the execution of construction work. The Committee recommends the use of generally acknowledged and balanced standards also in the future, if the parties so wish, but proposes that the use of them should not be compulsory. The Committee suggests that the terminology in the Norwegian regulations should be changed, and thus be more in accordance with international terminology in this field. The use of the term «anbud» for instance, is therefore removed in the proposed new regulations. Dokumentet i pdf-format
Forarbeid