Public procurement notice: Contract Notice
Published: 2025-05-05
Buyer: Statens vegvesen
Country: NO
Region: NO092
Contract type: Works
Procedure: Open procedure
CPV classification: 45000000: Construction work
Submission deadline: 2025-06-06
Award criteria: price, quality

Technical requirements: Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, in the event a enforceable verdict has been convicted of corruption by a verdict handed down not more than five years ago, or a rejection period determined directly in the judgement that still applies? Corruption as defined in Article 3 of the Convention on Combating Corruption, Involving European Communities or European Union Member States (EUT C 195 of 25.6.1997, s. 1), and in Article 2, point 1, in the Council ́s framework decision 2003/568/RIA of 22 July 2003 on combating corruption in the private sector (EUT L 192 of 31.7.2003,  p. 54). This rejection reason also includes corruption as defined in national law for the contracting authority or supplier.
Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, at the time a legally convicted of fraud has been convicted of fraud by a verdict handed down not more than five years ago, or a rejection period determined directly in the judgement that still applies? Fraud included in Article 1 of the Convention on protection of the Financial Interests of the European Communities (EFT C 316 of 27.11.1995, p. 48).
Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, in the event a legal verdict has been convicted of money laundering or financing terrorism by a verdict handed down no more than five years ago, or a rejection period set out directly in the judgement that still applies? Money laundering or financing terrorism As defined in Article 1 of the European Parliament and Council Directive 2005/60/EF of 26 October 2005 on preventive measures against the use of the financial system for money laundering and financing terrorism (EUT L 309 of 25.11.2005, p. 15).
Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, at the time a legally convicted verdict of participation in a criminal organisation by a verdict handed down no more than five years ago, or a rejection period set out directly in the judgement that still applies? Participation in a criminal organisation as defined in Article 2 of the Council ́s framework decision 2008/841/RIA of 24 October 2008 on control of organised crime (EUT L 300 of 11.11.2008, p. 42)
Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body, or has the competence to represent or control or make decisions in such bodies, in the event a legal verdict has been convicted of acts of terrorism or criminal acts connected to terrorist activities by a verdict handed down no more than five years ago, or a rejection period set out directly in the judgement that still applies? Acts of terrorism or criminal acts relating to terrorist activity as defined in Article 1 and 3 of the Council ́s framework decision 2002/475/RIA of 13 June 2002 on combating terrorism (EFT L 164, af 22.6.2002, p. 3). This rejection reason also includes incitement to, participation or attempts to commit such actions as included in Article 4 in the mentioned framework decision.

Eligibility requirements: The European Self-Declaration Form (ESPD)
The tenderer shall submit the European self-declaration form (ESPD) together with the tender.

The provisions on rejection due to conditions at the tenderer are stated in the procurement regulations § 24-2. The European Self-Declaration Form (ESPD) applies as provisional documentation, among other things, so that there are no such reasons for rejection.

Further documentation requirements for absence of rejection reasons are in the procurement regulations § 24-7, possibly also § 24-5 (1) if documentation of such measures is relevant. The documentation shall be submitted in accordance with the communication terms stated in chapter B1 and in accordance with the deadline set by the Contracting Authority, in the event that the Contracting Authority requires this. The certificates mentioned in § 24-7 (1) letter a) and b) must not be older than 6 months calculated from the deadline for submitting a request for participation in the competition or a tender.

If the necessary certificates/documents for documenting the absence of rejection reasons are not issued in the tenderer's home country or the country where they are established, or if they do not cover all the rejection reasons mentioned in the procurement regulations § 24-2 (1) letter b, (2) and (3) letters a and b, the completed ESPD form applies as documentation for these conditions.

The contracting authority will be able to conduct separate surveys related to the tenderer's activities, including participants in a supplier partnership and supported entities to the tenderer, as well as other conditions that are relevant to assess whether the tenderer can be qualified.
Tax certificates
Tenderers shall, upon request by the contracting authority, submit a tax certificate for VAT and tax certificates issued by a competent body in the tenderer's home country or the country where the tenderer is established.
The certificate shall document whether the tenderer has fulfilled his obligations to pay taxes, duties and social security contributions.

The certificate must not be older than 6 months calculated from the deadline for submitting a request for participation in the competition or a tender.
Authority for information on tax and duties (OSA)
As a part of the Norwegian Public Roads Administration's struggle against labour crime, including black work and social dumping, a cooperation agreement has been signed between the Norwegian Public Roads Administration and the Norwegian Tax Administration. In connection with this, the Norwegian Public Roads Administration requires a signed authority for all of its suppliers, which gives the Norwegian Public Roads Administration an expanded right to an unlimited number of times to obtain information about the tax and sub-contractor's tax and duty conditions, as stated in the authority.

If the winning tenderer does not already have a valid signed authority registered with the Norwegian Public Roads Administration/contracting authority, the authority shall be signed by the winning tenderer after the award of contract letter has been received, but before the contract is signed. The authorisation form is to be sent to the winning tenderer together with the award letter. Signed authority together with a colour copy of a passport, driving licence or national ID card (the latter for citizens within the EU/EEA/EFTA), shall be returned to the contracting authority as soon as possible and within 3 days. The date of birth can be deleted on a copy of the ID documentation, so that only the date of birth is given.

Please note that the signed authority requirement also applies for all of the main service provider's sub-suppliers. The main service provider shall fulfil the contractual obligation downwards in the supplier chain. Prior to signing the contract, however, only signed authority is required from the main supplier, unless the sub-contractor is used to fulfil a qualification requirement in the competition. If so, the signed authority must be presented from both the main supplier and the sub-supplier. Signed authority from other sub-suppliers must be submitted and approved by the contracting authority before they can be used in the contract/project.

The contracting authority draws attention to the fact that it may be necessary to reject the tenderer and any sub-suppliers who in the award letter are chosen as the winner of the competition, if, after the award, but prior to signing the contract, information will be received from the Norwegian Tax Administration regarding non fulfilment of tax and duty obligations etc. The award cannot, therefore, be considered final until there is an assessment of the obtained information that does not change the contracting authority ́s award decision.

Emphasis is put on the fact that if no authority is signed from the main supplier and any sub-suppliers used in the qualification, this could be seen as a significant reservation to the contract which will result in both the main supplier and any sub-suppliers being rejected from the competition.

The template for authorisation for tax and duty information (OSA) has been published in: https://www.vegvesen.no/fag/veg-og-gate/konkurranser-og-kontraktsdokumenter/generelle-kontraktsdokumenter/

Requirements of the tenderer ́s organisational and legal position.
Tenderers shall be a legally established company or consist of a community of suppliers who are legally established companies.
The requirement also applies to entities that the tenderer will use.

Documentation requirement:
Tenderers shall, upon request from the contracting authority, enclose a certificate from the Register of Business Enterprises or an equivalent certificate for statutory registration in the country where the tenderer or the entities that jointly constitute the tenderer are established, as well as certificates for all supporting entities.
The organisational and legal position of the tenderer. 

Requirements of the tenderer ́s organisational and legal position.
Tenderers shall be a legally established company or consist of a community of suppliers who are legally established companies.
The requirement also applies to entities that the tenderer will use.

Documentation requirement:
Tenderers shall, upon request from the contracting authority, enclose a certificate from the Register of Business Enterprises or an equivalent certificate for statutory registration in the country where the tenderer or the entities that jointly constitute the tenderer are established, as well as certificates for all supporting entities.
Economic and financial capacity 

1. Tenderers shall have sufficient economic and financial capacity to.
fulfil the contract.
2. Tenderers shall have an equity percentage of at least 10%.
3. The average annual turnover in the last three years shall as a minimum correspond to annual turnover for the contract.

Documentation requirement:
Tenderers shall present the following documentation if requested by the contracting authority:

1. The tenderer's annual financial statement, annual report and auditor's report for the last three years and recent information (quarterly accounts) that is of importance to the tenderer's fiscal numbers.

2. A brief account of information on economic conditions or losses that are not documented elsewhere and which is required to be documented in accordance with Norwegian and/or international accounting standards.

3. An overview of any recently executed, ongoing or pending tax or public reviews of the tenderer's activities.

4. An overview of any events of significance that has taken place after publication of the last revised annual accounts.

If a tenderer has a justifiable reason for not submitting the documentation that the contracting authority has required, he can document his economic and financial capacity by presenting any other document of relevance to the company's fiscal figures/economy. Tenderers shall justify why they cannot submit the documentation that the contracting authority has required.
Relevant experience 

Tenderers shall have sufficient experience of a relevant nature and degree of difficulty from:

• Road construction on/along busy roads
• Bridge work

Documentation requirement:
Tenderers shall present the following documentation if requested by the contracting authority:

An overview of 3-5 contracts that the tenderer has carried out or executes during the last five years calculated from the tender deadline. The overview shall, cf. the form included in chapter E2, include, among other things, the following for each of the contracts:

• Name of the recipient (contracting authority).
• Contact person/reference person at the contracting authority with contact data (telephone number and email address) and a statement of the person ́s role at the contracting authority during the contract.
• Date of the delivery.
• The contract ́s value.
• What work was carried out by the tenderer, including as the main contractor or sub-contractor, and what work was carried out by sub-contractors.
• A description of what the contractual works were about, including relevance to the qualification requirement.
Implementation ability 

The tenderer shall:
1. Have the capacity and ability to handle predicted and unforeseen conditions in the contract.
2. Offer sufficient manpower to carry out the contract.
3. Have technical and professional competence and relevant experience with the key personnel offered for fulfilling the contract.

Documentation requirement:
Tenderers shall present the following documentation if requested by the contracting authority:

1. An overview of the tenderer's average workforce and the number of employees in the management in the last three years.
2. An overview of the manpower that the tenderer offers to carry out the contract, including an organisation plan for the contract.
3. CVs and job descriptions for key personnel, cf. chapter C, including the following resources:
-Manager
- Site Manager
- Quality management manager.
- HSE manager
Accident frequency rate (H1-verdi)
Tenderers and key contract helpers ought to have an average H1 for the last three years lower than 15.

If the H1-value is higher than 15, an account shall be given of the developing trend of the H1-value and possibly the F-value, which will express the severity of any high H1-value.

If the tenderer is a working partnership (supplier consortium), the requirements apply for each of the participants.

The H1-value is defined as the number of work accidents with absence in relation to the hours work multiplied by 10 exalted in 6.

Documentation requirement:
1. Overview of the company ́s H1-value and central contractual partners in the last three years.

2. If the H1-value is higher than 15, an account shall be given of the developing trend of the H1-value and possibly the F-value, which will express the severity of any high H1-value. In addition a separate account shall then be provided as to whether improvement measures have been implemented, and if so also documentation on the effectiveness of these measures.
Support from other entities for fulfilment of the qualification requirements.
The tenderer can, if necessary, rely on other companies' capacity to fulfil the requirements for economic and financial capacity and/or the requirements for technical and professional qualifications.

Documentation requirement:
Tenderers shall confirm that they fulfil this requirement when submitting their tender. In addition, each individual entity that the tenderer will use to submit a separate ESPD form when submitting a tender.

Tenderers shall, upon request from the contracting authority, present the following documentation proof:

• Documentation that shows that the tenderer can use the necessary resources for the entities that they will use, for example, a commitment statement from these businesses.

The template for the commitment statement is published on: https://www.vegvesen.no/fag/veg-og-gate/konkurranser-og-kontraktsdokumenter/generelle-kontraktsdokumenter/.

• Documentation that shows that the company(s), that the tenderer will use, fulfil the qualification requirement 'the tenderer ́s organisational and legal position'.

• Documentation that shows that the company(s), that the tenderer will use, fulfil the relevant qualification requirements.

• If a tenderer will use the capacity of other companies to fulfil the requirements for economic and financial capacity, a signed joint and several liability statement must be enclosed.

The template for a joint and several liability statement is published on: https://www.vegvesen.no/fag/veg-og-gate/konkurranser-og-kontraktsdokumenter/generelle-kontraktsdokumenter/.

If a tenderer will use the capacity of other companies to fulfil the requirements of relevant experience, these entities shall carry out the services or the building and construction work that requires such qualifications.
Suppliers who participate in a working partnership
Several tenderers can participate in the competition jointly. The community must see to the necessary documentation that all the qualification requirements are met.

The contracting authority will assess each individual supplier in the community against the provisions on rejection, cf. § 9-5 and § 24-2, this except the provision in § 9-5 (1) letter a) and § 24-2 (1) letter a) fulfilment of the qualification requirements, which will be applied to the jointly combined set.

Tenderers who participate as a working partnership will be assessed collectively for the qualification requirements, with the exception of the requirements for the tenderer's organisational and legal position, documentation for absence of rejection reasons, tax certificates and authority for information on tax and duties (OSA).

Documentation requirement:
Tenderers shall confirm that they fulfil this requirement when submitting their tender. In addition, each individual entity in the (work) group shall submit separate ESPD forms when submitting a tender.

Tenderers shall, upon request from the contracting authority, present the following documentation proof:

• An account of the group (including each participant's role), each participant's organisation number, address and nationality.
• The same documentation as individual tenderers shall be provided for each individual tenderer who participate in the group.
• Declaration of joint and several liability to the contracting authority.

The template for a joint and several liability statement is published on: https://www.vegvesen.no/fag/veg-og-gate/konkurranser-og-kontraktsdokumenter/generelle-kontraktsdokumenter/.

The community of suppliers can, if necessary, rely on other entities to fulfil the qualification requirements, see the point on support from other companies to fulfil the qualification requirements.

The contracting authority requires that the tenderer who fulfils the requirements for relevant experience shall carry out the services or the building and construction work that requires such qualifications.