Public Procurement
The Norwegian public sector procures goods, services, and construction works with an aggregate value exceeding NOK 700 billion annually. Public procurement regulations are intended to safeguard fair competition, ensure equal treatment of suppliers, and promote the efficient use of public funds. Each procurement process requires both the contracting authority and the supplier to comply with a comprehensive and detailed regulatory framework. Even minor procedural errors or misinterpretations may result in significant financial and legal consequences.
At Brækhus, we combine in-depth legal expertise with practical insight into various market sectors. We provide comprehensive assistance throughout all stages of the procurement process—from needs assessment and planning, through tendering and contract award, to contract management and dispute resolution. We also advise on the permissible scope for contract modifications under the procurement regulations, ensuring compliance and mitigating risk throughout the process.
We provide legal support at all stages of the procurement procedure, including:
- Strategic planning
- Needs assessment and market analysis
- Regulatory compliance assessments
- Selection of procurement procedure
- Preparation of tender documents, including drafting of technical specifications, qualification requirements, award criteria, and contract terms
- Quality assurance of tender documents
- Evaluation of requests to participate and tenders
- Handling of access to documents (public access requests) and complaints
- Contract management, including advice on contract amendments and follow-up of contractual obligations
- Assistance in cases before the Norwegian Complaints Board for Public Procurement (KOFA)
- Dispute Resolution
We assist suppliers in maximizing their competitiveness and safeguarding their rights:
- Preparation of requests to participate and tenders, ensuring compliance with all requirements
- Interpretation and clarification of tender documents
- Ongoing legal advice during the tendering process
- Assessment of award decisions and their justifications, including legal remedies
- Handling of rejections and adverse outcomes, , including requests for review and complaints
- Assistance in complaints to KOFA and Dispute Resolution
Expertise Combining Legal Knowledge and Industry Experience
Our lawyers have extensive experience with all types of procurement procedures, including open procedures, restricted procedures, competitive procedures with negotiation, competitive dialogue, innovation partnerships, and direct awards. We have advised on procurements covering everything from standard goods and services to complex IT and construction contracts, as well as defense and security procurements, health and social services, and procurements governed by the Utilities Regulations.
Learn more about our industry expertise: Technology, Innovation and Digitalisation; Defense, Security and Preparedness; Construction; Retail; Real Estate.
Global Presence, Recognised Expertise
Brækhus is also part of a strong international network. Through our memberships in Meritas Law Firms Worldwide, Andersen Global, and Crowe Global, we assist international clients seamlessly across borders. This provides us with rapid access to local expertise worldwide.
Our lawyers’ expertise is recognized by the international rating agency Legal 500.
