Supervisor for Regulations on Defense and Security Procurement
(Source: Norwegian Ministry of Defense; issued July 01, 2019)
(Unofficial translation by Defense-Aerospace.com)
Regulations on defense and security procurement (FOSA) shall ensure that state funds in both sectors are best utilized through cost-effective procurement, while at the same time the public sector contributes to the development of a competitive defense and security industry through its acquisitions.

The guide is only published electronically on the Ministry's website. The reason is that the Ministry wishes to facilitate that the guide can be changed and supplemented as needed. The guide will be updated in connection with, among other things. new legislative and regulatory provisions, new case law from the European Court of Justice, the EFTA Court or Norwegian courts, and new KOFA practice.

Introduction to the guide

In Norway, the public sector makes purchases of defense and security purchases in the billions class every year. Defense procurement can include anything from small local purchases of military equipment to much larger purchases of, for example, vessels, combat vehicles and weapon systems. Security purchases are carried out both in the civilian and military sectors and include, among other things, acquisitions that require access to information classified in accordance with the Security Act. Regulations on defense and security procurement (FOSA) shall ensure that state funds in both sectors are best utilized through cost-effective procurement, while at the same time the public sector contributes to the development of a competitive defense and security industry through its acquisitions.

The primary target group for this guide is purchasers in the public sector who carry out defense and security purchases. The supervisor will also be useful for suppliers to the public sector in the field of defense and security. As responsible for FOSA, the Ministry of Defense has emphasized in this guide how the rules should be understood. To facilitate understanding of the regulations, some examples of what is allowed and what is not allowed are also made.

During the work with the guide, the Ministry of Defense has benefited greatly from constructive input from a reference group. The reference group has consisted of representatives from Statsbygg, Forsvarsbygg, the police's common services (formerly the police data and material service), the defense and security industry's association (FSI), the National Security Authority and the Norwegian Armed Forces logistics organization. It is emphasized that the content of the guide stands for the Ministry of Defense's bill.

In 2014, the EU adopted three new directives in the field of procurement that have been implemented in Norwegian law through regulations on public procurement (the procurement regulations), regulations on procurement rules in the supply sectors (the supply regulations) and regulations on concession contracts (the license contract regulations). FOSA carries out the EU's defense and security procurement directive in Norwegian law. As this directive is substantially similar to the previous procurement directive for the classical sector, FOSA is based on the structure of the previous Norwegian procurement regulation. There are also a large number of identical provisions in FOSA and the former Norwegian procurement regulations.

The revision of the procurement regulations in classical has meant that FOSA today has a different structure and systematics than the current procurement regulations. In line with what the other Nordic countries have done, the Ministry of Defense has not made major structural changes to FOSA on the background of the changes in the procurement regulations.

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