The Commission proposes changes to Article 1 of the Act, in order to more clearly distinguish between the objectives of the Act and the means for reaching these objectives. A majority of the Commission proposes to introduce a twofold objective: The effective use of public resources and competition. A minority of the Commission proposes a wider objective: the largest possible creation of total value, based on effective use of public resources and competition, while at the same time ensuring that contracting authorities behave with integrity and that public procurement are carried out in a way that serves the public in the best possible way.
The Commission proposes to gather the general principles in Article 5 of the Act and to discontinue Article 3-1 of the Regulation. A majority of the Commission proposes to introduce the following general principles which are intended to cover all of the principles in the current regulations: equal-treatment, transparency, competition and proportionality. A minority proposes also to specifically mention the principles of predictability and verifiability.
Pursuant to the mandate of the Commission, it shall not consider to what extent the national regulations should promote other policy considerations, such as environmental and social considerations. The Commission has interpreted this to mean that it shall not propose any new provisions with the aim of promoting such other policy considerations. The members of the Commission, however, has not agreed on how this should be interpreted in relation to existing provisions.
A majority of the Commission is of the opinion that it lies within the mandate to comment on existing provisions that promote other policy considerations. In the light of the aim to simplify, this majority therefore expresses that it would welcome the repeal of such provisions.
A minority of the Commission is primarily of the opinion that it falls outside the mandate to comment on such existing provisions that promote other policy considerations. Taking into consideration that the majority proposes to repeal these provisions, however, the minority expresses its wish to continue these. According to the minority, this is an important signal that creates awareness among contracting authorities, and that the public sector should use its purchasing power to promote such other policy considerations.
A majority of the Commission proposes to exclude contracts with a value below 100 000 kroner from the regulations. A minority of the Commission does not support such a proposal, since it is of the opinion that the general principles should apply to all procurements.
As a starting point, the Commission believes that the contracts excluded from the public procurement directives should also be excluded from the national regulations. However, some of these contracts should be subject to the general rules and principles in the Act and in Part I of the Regulation.
The Commission proposes to continue an exclusion for contracts that involve the exercise of official authority. It also proposes to continue the specific exclusions in Article 2-1 paragraph 2 of the Regulation with some adjustments and clarifications.
A majority of Commission proposes to repeal the exclusion for contracts on health and social services awarded to non-profit organizations, both above and below EU-thresholds. A minority of the Commission proposes to continue this exclusion.
The Commission proposes to repeal the exclusions for contracts on rehabilitation services and contracts relating to the design and construction of a subsidised housing schemes.
The Commission has assessed the appropriateness of the current national threshold on the basis of existing socio-economic analyses. The majority of the Commission proposes to maintain the current national threshold of 500 000 kroner, irrespective of the type of contract.
A number of proposals have been put forward by different minorities of the Commission:
To maintain the national thresholds for supplies and services of 500 000 kroner and to raise the national threshold for works to 3 000 000 kroner.
To maintain the national threshold of 500 000 kroner, but to introduce a specific national threshold of 3 000 000 kroner for contracts on health, social and other services.
To adjust the national thresholds for supplies and services according to price inflation to 600 000 kroner and to raise the national threshold for works to 3 000 000 kroner.
To adjust the national thresholds for supplies and services according to price inflation to 600 000 kroner, to raise the national threshold for works to 3 000 000 kroner and to introduce a specific national threshold of 3 000 000 kroner for contracts and health, social and other services.
The Commission proposes to maintain an obligation for contracts above 100 000 kroner to document the important steps and decisions in the procurement procedure in writing.
The majority is of the opinion that a requirement to provide written documentation is sufficient, and it does not see the need to require a specific report, e.g. a procurement protocol. The minority would like to maintain the requirement for contracting authorities to keep a protocol.
Conditions for performance of contracts and standard contracts
The Commission proposes to continue a provision on conditions for performance of a contract. The majority of the Commission proposes to repeal the current provision on the use of standard contracts. The minority of the Commission proposes to continue this provision.
Framework agreements
The Commission proposes a more general and less detailed provision on framework agreements, which entails that no detailed procedural rules apply to the award of contracts based on a framework agreement. The Commission proposes to maintain the restriction that the term of a framework agreement, as a general rule, cannot exceed four years. This restriction, however, does not apply to framework agreements on health and social services.
Modification of contracts