Norway Public Procurement Process Guide (2026)

Introduction

Public procurement in Norway is regulated by a modern legal framework that follows the European Economic Area (EEA) procurement directives while reflecting domestic priorities such as competition, equal treatment, environmental sustainability and, from July 2026, national security. The purpose of the procurement regime is to ensure that public funds are spent efficiently, transparently and in a way that stimulates competition and innovation. Foreign suppliers can participate on an equal footing with Norwegian companies because Norway is bound by the EEA Agreement and the WTO Government Procurement Agreement (GPA), which prohibit nationality-based discrimination in most procurements. This guide explains the key elements of the Norwegian public procurement process as of mid‑2026, including qualification and eligibility requirements, the types of procedures, tender notice requirements, award criteria, documentation, time limits, complaint mechanisms and the underlying principles. It also highlights a 2026 reform that introduces security and preparedness as a cross‑cutting consideration and raises the threshold for the Act’s applicability from NOK 100 000 to NOK 500 000.

Because Norway transposes EU directives, many rules mirror those found in other European jurisdictions. Nevertheless, there are local nuances: mandatory documentation such as a tax certificate (skatteattest) for procurements above NOK 500 000, voluntary but commonly requested health‑safety‑environment (HSE) self‑declarations despite formal removal of the requirement, and an active complaints board (KOFA) that provides inexpensive administrative review. The guidance below synthesises information from authoritative sources including Thommessen’s Lexology GTDT guide (2022), BAHR’s Legal 500 Q&A (2026), Nordia Law’s analysis of the 2026 reform, as well as Norwegian government materials and tender documentation.

Legal framework and scope

Main legislation

1. Public Procurement Act (2016, amended 2026) – The overarching law (Lov om offentlige anskaffelser) establishes principles and general rules for all public procurements. A 2026 amendment introduces a focus on security and preparedness and raises the monetary threshold for the Act’s application to NOK 500 000 excluding VAT.
2. Public Procurement Regulation (FOA, 2016) – Implements the EU Public Procurement Directive (2014/24/EU). It contains detailed rules and is divided into three parts: Part I applies to procurements above NOK 100 000 (to be raised to NOK 500 000 in July 2026); Part II applies to procurements above the national threshold (NOK 1.3 million); and Part III applies to procurements above the EEA thresholds. The regulation is updated every two years to reflect EU/EEA threshold adjustments.
3. Utilities Procurement Regulation – Applies to entities engaged in water, energy, transport and postal services; implements Directive 2014/25/EU. EEA thresholds for utilities are higher (e.g., NOK 4.5 million for goods and services).
4. Concession Contracts Regulation – Implements Directive 2014/23/EU and governs concession contracts, with an EEA threshold of NOK 56 million.
5. Defence and Security Procurement Regulation – Implements Directive 2009/81/EC and applies to procurement of military goods and services.

Applicability and thresholds

All public procurements above NOK 100 000 (exclusive of VAT) currently fall within the procurement legislation; this threshold will increase to NOK 500 000 from 1 July 2026. Contracts below this threshold are not subject to the Act but must still observe good business practice. For contracts above NOK 100 000 (Part I), simplified rules require competition, documentation and adherence to the basic principles. National regime (Part II) rules apply to contracts above NOK 1.3 million. EEA regime (Part III) rules apply above EU/EEA thresholds, which are adjusted biennially by the European Commission and implemented by the EFTA Surveillance Authority. As of early 2026 the EEA thresholds were approximately NOK 1.49 million (central government goods and services), NOK 2.3 million (goods and services by other authorities), and NOK 57.8 million for works. Utilities, defence and concession thresholds differ: NOK 4.5 million for goods/services in utilities and NOK 56 million for works and concessions.

The 2026 reform adds security and preparedness as considerations for all procurements via new section 5d. Contracting authorities must evaluate whether security requirements are relevant at each stage, document their assessment and include appropriate contract terms with sanctions for breach. The reform also requires authorities to maintain a publicly available procurement strategy (section 5a) and raises the monetary threshold for the Act’s application to NOK 500 000.

Contracting authorities subject to the rules

Entities covered by the Act include the state, counties and municipalities; bodies governed by public law; associations where one or more members are contracting authorities; and public undertakings carrying out utilities activities. Private undertakings may be subject if they are public utilities enjoying exclusive or special rights. Non‑EEA suppliers may participate through the GPA or bilateral agreements, but rights depend on whether the contract type and value fall under the relevant agreement.

Fundamental principles

Section 4 of the Public Procurement Act sets out five fundamental principles that apply at all stages: competition, equal treatment, predictability, transparency/verifiability and proportionality. These are elaborated below:

• Competition – Tenders must be designed to foster genuine competition; unnecessary barriers (e.g., disproportionate financial requirements) are not permitted.
• Equal treatment – Contracting authorities must treat all suppliers equally and avoid discrimination based on nationality, size or status. Even after the 2026 security reform, the EEA non‑discrimination principle remains; authorities cannot exclude foreign suppliers on nationality grounds.
• Predictability – Procedures must be conducted according to published rules; suppliers should know how their bids will be evaluated and which documents are required.
• Transparency/verifiability – The process must be documented so that decisions can be reviewed. Documents are generally subject to the Freedom of Information Act; bidders can request access to procurement files, except for confidential or internal documents.
• Proportionality – Requirements must be proportionate to the subject of the contract, and not unnecessarily restrictive.

The 2026 amendments introduce a sixth cross‑cutting consideration: security and preparedness. Authorities must assess security risks and supply‑chain resilience, include proportionate security requirements and sanctions in the procurement documents, and cannot use security as an excuse to exclude foreign suppliers without a concrete risk assessment.

Qualification and eligibility (pre‑selection)

Types of procedures

Norwegian procurement regulations allow several procedures:

1. Open procedure – Anyone may submit a tender. It is the default for contracts of relatively low complexity and is frequently used for national‑regime procurements. It has no pre‑selection stage; bidders submit a single bid, which must meet the eligibility criteria.
2. Restricted procedure – Suppliers submit a request to participate; the contracting authority pre‑qualifies eligible bidders and may limit the number of bidders invited to tender.
3. Competitive procedure with negotiation – Used for complex procurements when adaptation is necessary or technical specifications cannot be established precisely. After pre‑qualification, suppliers submit initial bids and engage in negotiations. It offers flexibility but is subject to rules on when negotiations are allowed (generally not for contracts above the EEA thresholds unless certain conditions are met).
4. Competitive dialogue – Suitable for particularly complex projects where solutions are not readily apparent; authorities discuss requirements and solutions with bidders before final bids.
5. Innovation partnership – Used to develop innovative solutions not yet on the market and involves a partnership for both development and purchase phases.
6. Negotiated procedure without prior publication – Allowed only in exceptional cases (e.g., urgency, no suitable tenders in earlier procedures).
7. Framework agreement – Permits procurement from one or several suppliers over a defined period (max four years for classical sector contracts, eight years for utilities).

Eligibility criteria

Contracting authorities may only assess bidders based on objective and proportionate criteria related to:

• Legal registration – Bidders must be registered in a business register or similar and have necessary licences/authorisations.
• Economic and financial capacity – Typical requirements include minimum turnover, solvency ratios or insurance coverage. The annual sales requirement is capped at twice the estimated contract value to avoid excluding small firms.
• Technical and professional ability – Experience with similar contracts, qualifications and competence of key personnel, certifications, quality assurance systems, and health‑safety‑environment (HSE) management systems.

Eligibility criteria and any limitation on the number of bidders must be objective and published in the contract notice. The authority can exclude bidders for mandatory and discretionary reasons (see below), but bidders may apply self‑cleaning measures to regain eligibility.

Documentation requirements

Norway uses the European Single Procurement Document (ESPD) as a self‑declaration for procurements above the EEA thresholds, deferring most documentation to after award. However, contracting authorities may request supporting evidence before signing the contract. Key documents include:

• Tax certificate (skatteattest) – For procurements above NOK 500 000 (previously NOK 100 000), bidders must provide a certificate from the tax authority confirming no outstanding tax or VAT liabilities. The digital eBevis service allows authorities to verify tax status directly.
• VAT certificate and employer’s national insurance contributions – Often integrated into the tax certificate.
• Company registration certificate – Evidence of legal registration and authority to enter into contracts.
• Quality certifications – ISO certifications, environmental management systems (ISO 14001), etc., as required in the tender.
• HSE self‑declaration – Historically mandatory for procurements above NOK 100 000 but removed in 2015. Surveys show that around 80% of contracting authorities still request it voluntarily to verify compliance with health‑safety‑environment regulations.
• ESPD – The standard EU form for self‑declaration of eligibility and grounds for exclusion.

Foreign suppliers must supply equivalent documents from their home country. Norway participates in e‑Gov services like eBevis to streamline verification.

Mandatory exclusion grounds

Contracting authorities must exclude bidders that:

• Have unpaid taxes or social security contributions established by a final judgment or decision.
• Have been convicted of participation in a criminal organisation, corruption, fraud, terrorism, money laundering, child labour or human trafficking.
• Do not meet the eligibility criteria (e.g., lack required licences or financial capacity).

Exclusion is mandatory for up to five years after conviction; however, bidders may avoid exclusion through self‑cleaning measures such as paying damages and implementing compliance programmes.

Discretionary exclusion grounds

Contracting authorities may, but are not obliged to, exclude bidders for reasons such as:

• Serious or repeated breaches of environmental, labour or social law, including breach of HSE regulations.
• Conflict of interest or attempts to unduly influence the authority.
• Serious deficiencies in previous public contracts or misleading information to the authority.
• Participation in anti‑competitive agreements.

Discretionary exclusion is limited to three years for most grounds; authorities must apply proportionality and may allow self‑cleaning. Norway does not maintain a central blacklist; decisions are case‑specific.

Tender notice and publication

Procurements above NOK 100 000 (to be raised to NOK 500 000) must be announced. Notices are published in Doffin, the national procurement database, and for contracts above the EEA thresholds they are automatically transmitted to TED (Tenders Electronic Daily). For procurements below the EEA thresholds but above NOK 1.3 million (national regime), publication in Doffin suffices. The notice must specify the procedure, contract scope, time limits, eligibility criteria, award criteria and the documents required.

Authorities may issue a prior information notice to inform the market about upcoming procurements, which can shorten deadlines (from 35 days to 30 days for open procedures). For procurement with cross‑border interest, Doffin automatically forwards notices to TED to ensure EU‑wide publicity.

Time limits and deadlines

Minimum time limits for open procedure

For open procedures, the minimum tender period is 35 days from dispatch of the notice. If the contracting authority uses a prior information notice or accepts electronic submission (which is standard), the period may be reduced to 30 days. Under the national regime (Part II), authorities often set longer deadlines than the minimum to increase competition.

Competitive procedure with negotiation

A competitive procedure with negotiation typically takes 6 – 12 months for complex contracts. The timeline involves:

Restricted procedure and other procedures

In restricted procedures, the initial stage (request to participate) also requires at least 30 days. Tender submission periods for the selected bidders must be at least 25 days. Competitive dialogue and innovation partnership procedures have similar timelines but allow more flexibility, and deadlines often exceed statutory minima given the complexity. For low‑value contracts just above the thresholds, open procedures are common, with total duration of two to four months and a minimum 35‑day tender period.

Standstill period

After issuing the award decision, the contracting authority must wait a standstill period of at least 10 days before signing the contract. This enables unsuccessful bidders to evaluate the decision and decide whether to challenge it. During the standstill, an application for an interim injunction to the courts automatically suspends signature for contracts above the EEA thresholds. A KOFA complaint does not have automatic suspensive effect, but authorities often delay signing voluntarily.

Award criteria and evaluation

Available award criteria

Norwegian law allows three categories of award criteria:

1. Lowest price – The contract is awarded to the tender with the lowest price that meets all requirements.
2. Lowest cost – The contract is awarded based on a life‑cycle cost calculation, considering factors such as operating, maintenance and disposal costs.
3. Best price‑quality ratio – The contract is awarded to the tender offering the best ratio of price (or cost) and quality. The contracting authority must specify the relative weight of each criterion and may include technical, aesthetic and functional properties, environmental and social characteristics, innovation, and organisation or experience of key personnel.

Award criteria must be related to the subject matter of the contract, objectively defined and published in the tender documents. They must not give authorities unlimited discretion. When using life‑cycle cost, the authority should account for costs incurred by itself or third parties over the product’s life cycle. For quality‑price evaluations, points are assigned based on the weightings; authorities enjoy discretion but must evaluate bids consistently and document their reasoning.

Abnormally low tenders

A tender may be considered abnormally low if its price suggests non‑compliance with environmental, labour or social rules or if the supplier cannot fulfil the contract. Authorities must request the supplier to explain the low price, including potential efficiencies or public subsidies. Bids must be rejected if the low price results from non‑compliance with labour or environmental laws. Low pricing alone does not necessarily trigger exclusion; there must be indications that the supplier will struggle to deliver sustainably.

Documentation and compliance

Tax and VAT certificates

The procurement regulation requires a tax certificate (skatteattest) for contracts above NOK 500 000 (previously NOK 100 000). The certificate proves that the supplier has no outstanding tax or VAT liabilities and must not be more than six months old. Foreign companies must submit equivalent certificates from their home jurisdictions. The Norwegian Tax Administration provides RF‑1316 (Certificate for tax and duties) for this purpose and notes that it is commonly required in bidding processes. Authorities can verify tax status through the eBevis digital service.

HSE self‑declaration

An HSE self‑declaration used to be mandatory for all procurements above NOK 100 000, requiring suppliers to confirm compliance with health, safety and environmental regulations. The requirement was removed in 2015 as part of regulatory simplification, but approximately 80 % of authorities still request it voluntarily. It should not be older than six months and must be signed by management and an employee representative. Some authorities incorporate HSE criteria into the ESPD or require certificates such as ISO 45001 (occupational health and safety).

Other documentation

• Company registration certificate – Proves that the supplier is legally established. Foreign companies may need to provide evidence from their home company register or register as a Norwegian branch.
• Insurance and financial statements – Evidence of professional liability insurance and recent financial statements may be required to demonstrate capacity.
• Certificates for environmental and social standards – For contracts with green or social criteria, authorities may require documentation such as eco‑labels, environmental product declarations or social responsibility reports.
• Security and ownership disclosures (from July 2026) – Under the new section 5d, authorities will require suppliers to disclose ownership structure, beneficial owners and supply‑chain security measures in sensitive contracts.

Tendering process and evaluation steps

While each procurement is unique, the following steps are typical:

1. Need analysis and procurement strategy – Before initiating a procurement, authorities analyse their needs, consider whether to divide the contract into lots (to encourage small and medium‑sized enterprise participation) and prepare a procurement strategy (mandatory from July 2026).
2. Market dialogue – Authorities may conduct market consultations to understand possible solutions, encourage innovation and ensure proportionate qualification requirements. They must treat all participants equally and publish the results if they intend to use the information.
3. Publication of tender notice – The notice includes procedure type, description of goods/services, qualification requirements, documentation, award criteria and deadlines. For small national procurements, publication in Doffin suffices; for EEA procurements, TED publication is required.
4. Submission of ESPD and documentation – Bidders submit the ESPD self‑declaration and requested documents (tax certificates, company registration, etc.). The authority may verify information via eBevis or request further evidence before award.
5. Selection of candidates (restricted/negotiated procedures) – The authority evaluates qualification criteria and may limit the number of bidders using objective selection criteria.
6. Dialogue/negotiation (if applicable) – In competitive procedure with negotiation or competitive dialogue, the authority negotiates with bidders to refine offers. Negotiation is allowed only when needs cannot be met with off‑the‑shelf solutions or for complex/innovative projects.
7. Submission of tenders – Bidders prepare and submit final tenders within the prescribed time limits. Tenders must comply with technical specifications; significant deviations lead to rejection.
8. Evaluation and award – The authority evaluates tenders based on the published award criteria and weights. If variant tenders are allowed, the authority must specify the requirements for variants and evaluate them using the same criteria. The authority may reject abnormally low bids or those not compliant with environmental or labour rules.
9. Award decision and standstill period – After evaluation, the authority notifies all bidders simultaneously, giving reasons for the selection and providing a standstill period of at least ten days before contract signature. The notification must disclose the characteristics and relative advantages of the winning bid and the name of the successful supplier.
10. Contract conclusion – The contract is signed after the standstill period, provided there are no successful injunctions or KOFA rulings.

Complaints and review mechanisms

Contracting authority complaints

Suppliers may submit complaints to the contracting authority at any stage. Authorities are encouraged to handle complaints fairly and may, at their discretion, postpone contract signature while investigating.

KOFA (Complaints Board for Public Procurement)

KOFA is an administrative body that provides a non‑binding legal opinion on alleged breaches of procurement law. KOFA’s decisions are advisory but widely adhered to in practice. KOFA may impose fines for illegal direct awards. The time limit for submitting a KOFA complaint is two years from contract signature for illegal direct awards and six months for other complaints. Only bidders who participated in the procurement can file a complaint, except for complaints about illegal direct awards, where any person may file. KOFA review usually takes two months for priority cases and around seven months for other cases.

Judicial review

Bidders may seek judicial review before the Norwegian courts. An interim injunction during the standstill period automatically suspends contract signature for contracts above the EEA thresholds. Applications must be filed within 10 days of receiving the award notification. If successful, the injunction prevents the authority from signing until a full trial resolves the legality of the award. Full court proceedings may take months or years and can result in damages, annulment or reduction of the contract’s duration. Courts can award damages for negative contractual interest (bid preparation costs) or positive contractual interest (lost profit) only for qualified errors.

Remedies

• Suspension – Automatic for court injunctions within the standstill period; voluntary for KOFA complaints.
• Damages – Available for qualified breaches of procurement law; plaintiffs must prove economic loss and causation.
• Annulment – Contracts above EEA thresholds may be set aside if the procurement was an illegal direct award without notice or if the authority violated standstill rules.
• Fines – KOFA may impose fines on contracting authorities for illegal direct awards.

Key 2026 reform: security and preparedness

In March 2026 the Norwegian Parliament enacted amendments to the Public Procurement Act, effective 1 July 2026. The reform has four key elements:

1. Security and preparedness as a cross‑cutting consideration – A new section 5d obliges contracting authorities to assess and impose security and preparedness requirements at all stages, including qualification, specification, award criteria and contract terms. Authorities must document these assessments and include suitable sanctions for breach. Security considerations must still comply with EEA non‑discrimination; authorities cannot exclude foreign suppliers solely on nationality.
2. Public procurement strategy and routines (section 5a) – Contracting authorities must maintain a publicly available procurement strategy and internal routines, enhancing transparency and accountability.
3. Increased threshold – The Act’s applicability threshold rises from NOK 100 000 to NOK 500 000 (excluding VAT), reducing bureaucracy for small procurements.
4. Security‑related contract terms (section 5p) – Contracts must contain sanctions for breach of security and preparedness requirements. Authorities will also demand transparency about ownership structure and beneficial owners, and may include change‑of‑control clauses.

Practical implications of the reform include more frequent security‑related qualification requirements, neutral response‑time requirements favouring local presence and division of large frameworks into geographic lots, which indirectly favours local suppliers. Foreign suppliers should anticipate such requirements and consider local partnerships, supply‑chain resilience, and transparency about ownership. The reform does not create a legal basis to favour Norwegian suppliers; the non‑discrimination rule continues to apply.

Best practices for suppliers

Prepare documentation early. Gather tax certificates, company registration documents, financial statements and relevant certificates in advance. Ensure that certificates are no more than six months old. Use the ESPD to streamline declarations.

Understand the procedure chosen. Open procedures are straightforward but may have strong competition. Competitive procedures with negotiation allow you to tailor solutions but require resources over a longer period. Read the tender documents carefully to know whether variant tenders are allowed and whether negotiations are possible.

Monitor deadlines. Note key dates: publication date, deadlines for requests to participate or tender submission, and the standstill period. Plan internal approvals, translation of documents and legal reviews accordingly. Late submissions are rejected.

Respond to criteria. Tailor your bid to the stated award criteria and their weights. Provide evidence for quality aspects such as environmental performance, social responsibility, innovation and life‑cycle cost savings. When price is not the sole criterion, emphasise differentiators.

Address HSE and social responsibility. Even though HSE self‑declarations are no longer mandatory, authorities still value evidence of health‑safety‑environment systems. Demonstrate compliance with labour and social regulations to avoid exclusion for non‑compliance or abnormally low pricing.

Plan for security and supply‑chain resilience. Under the 2026 reform, authorities will increasingly impose security requirements. Be prepared to explain data security measures, supply‑chain monitoring and ownership transparency. Consider establishing a local presence or partnership to meet response‑time requirements and supply‑chain resilience expectations.

Consider complaint mechanisms. If you believe the procurement process violated the rules, you can first address the contracting authority. For unresolved issues, KOFA offers a cost‑effective avenue; file within two years for illegal direct awards or six months for other complaints. For urgent suspensive relief, apply for a court injunction within ten days of notification. Note that KOFA decisions are advisory; only courts can annul contracts or award damages.

Respect confidentiality. Do not attempt to obtain confidential information about competitors. During negotiations, authorities are obliged not to disclose your confidential information without consent.

Be aware of sector‑specific rules. Utilities, defence and concession contracts have specific regulations. Defence procurements may engage the Security Act, requiring security clearance and special arrangements for foreign suppliers.

Conclusion

The Norwegian public procurement system is designed to balance efficient use of public funds with fair competition, transparency, and societal objectives. By mid‑2026, a significant reform emphasises security and preparedness and raises the monetary threshold for applicability, reflecting evolving national and geopolitical concerns. However, the core principles of competition, equal treatment, predictability, transparency and proportionality remain unchanged. Understanding the legal framework, thresholds, procedures, documentation requirements, deadlines and complaint mechanisms is essential for suppliers seeking to win contracts in the Norwegian public sector.

Foreign companies should see Norway as an open and predictable market. The new security provisions do not allow authorities to favour domestic suppliers, but they do require suppliers to be more transparent and resilient. Preparing comprehensive documentation, respecting environmental and social rules, aligning bids with stated criteria and engaging with the process proactively will increase your chances of success. When in doubt, seek advice early, monitor regulatory changes (such as the EEA threshold adjustments expected in 2026), and use KOFA or the courts to protect your rights if necessary.