Framework agreement for legal assistance

The contracting authority is the Norwegian Labour Inspection Authority. Arbeidstilsynet (The Norwegian Labour Inspection Authority) is a governmental agency under Arbeids- og inkluderingsdepartementet (the Ministry of Labour and Social Inclusion), focused on occupational safety and health. The Norwegian Labour Inspection Authority consists of a directorate and an outer department with …

CPV: 75231000 Usługi sądowe, 79100000 Usługi prawnicze, 79110000 Usługi w zakresie doradztwa prawnego i reprezentacji prawnej, 79111000 Usługi w zakresie doradztwa prawnego, 79112000 Usługi reprezentacji prawnej, 79130000 Usługi prawne w zakresie dokumentów oraz uwierzytelniania, 79140000 Doradztwo prawne i usługi informacyjne, 79212000 Usługi audytu, 79418000 Usługi doradcze w zakresie zaopatrzenia, 79994000 Usługi zarządzania umowami
Miejsce wykonania:
Framework agreement for legal assistance
Miejsce udzielenia zamówienia:
ARBEIDSTILSYNET
Numer nagrody:
2024/60105

1. Buyer

1.1 Buyer

Official name : ARBEIDSTILSYNET
Legal type of the buyer : Body governed by public law, controlled by a central government authority
Activity of the contracting authority : General public services

2. Procedure

2.1 Procedure

Title : Framework agreement for legal assistance
Description : The contracting authority is the Norwegian Labour Inspection Authority. Arbeidstilsynet (The Norwegian Labour Inspection Authority) is a governmental agency under Arbeids- og inkluderingsdepartementet (the Ministry of Labour and Social Inclusion), focused on occupational safety and health. The Norwegian Labour Inspection Authority consists of a directorate and an outer department with six departments. The agency has office locations that meet entities nationwide. As of November 2024, 750 employees were divided between 22 office locations, 5 service centres for foreign workers (SUA) and 8 inter-agency centres targeting work crime. The Norwegian Labour Inspection Authority works for a high level of health, working environment and safety and controls that entities follow up on their responsibilities in the working environment regulations, c.f. the Working Environment Act § 18-1. The Norwegian Labour Inspection Authority ́s efforts shall contribute to: • The entities work systematically with preventive working environment, health and safety. • The entities take care of serious and decent working conditions. • Labour crime is uncovered and combated See our website for further information on the Norwegian Labour Inspection Authority's organisation and activities: www.arbeidstilsynet.no. The objective of the procurement is to enter into a contract for legal assistance for shorter or longer assignments. The contracting authority has an occasional need for legal assistance for the contracting authority ́s total activities. The need is primarily covered by internal resources, but at times external assistance can be required. Good competence is required for assistance to the public sector, and some of the aim could also be to ensure transfer of competence. Some assignments will be carried out as consultancy assignments (in accordance with SSA-O), others as consultancy services (in accordance with SSA-B). See the attached tender documentation and accompanying documents for further information on the enquiry.
Procedure identifier : 1c1b4185-99bf-4924-a280-f350cfd9e3c2
Internal identifier : 2024/60105
Type of procedure : Competitive tendering (article 5(3) of regulation 1370/2007)
Main features of the procedure : The procurement shall be made in accordance with the Public Procurement Act dated 17 June 2016 (LOA) and the Public Procurement Regulations (FOA) FOR 2016-08-12-974. This particularly applies to a service, cf. the procurement regulations annex 2, and the procurement is therefore regulated by the regulations parts I and II, cf. the procurement regulations § 5-1 second section letter b. The contract will be awarded in accordance with the open tender contest procedure, cf. FOA § 8-3. The contracting authority plans to award the contract without having a dialogue with the tenderers beyond making any clarifications/corrections. Dialogue through negotiations can, however, be carried out if the contracting authority, after the tenders have been received, considers it appropriate. The selection will, in such cases, be made after an assessment of the award criteria. Emphasis is put on the fact that no tenderers can expect a dialogue on their tender and must, therefore, submit their best tender. Tenderers are strongly encouraged to follow the instructions given in this tender documentation with annexes and ask questions about uncertainties via the tender management tool (KGV) before the deadline for asking questions.

2.1.1 Purpose

Main nature of the contract : Services
Main classification ( cpv ): 79100000 Legal services
Additional classification ( cpv ): 75231000 Judicial services
Additional classification ( cpv ): 79110000 Legal advisory and representation services
Additional classification ( cpv ): 79111000 Legal advisory services
Additional classification ( cpv ): 79112000 Legal representation services
Additional classification ( cpv ): 79130000 Legal documentation and certification services
Additional classification ( cpv ): 79140000 Legal advisory and information services
Additional classification ( cpv ): 79212000 Auditing services
Additional classification ( cpv ): 79418000 Procurement consultancy services
Additional classification ( cpv ): 79994000 Contract administration services

2.1.2 Place of performance

Country : Norway
Anywhere in the given country
Additional information : The collaboration will as far as possible take place digitally.

2.1.3 Value

Estimated value excluding VAT : 5 000 000 Norwegian krone
Maximum value of the framework agreement : 7 000 000 Norwegian krone

2.1.4 General information

Legal basis :
Directive 2014/24/EU

2.1.6 Grounds for exclusion

Analogous situation like bankruptcy under national law : Is the supplier in a situation where he has been forced debt arrangement? Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions.
Bankruptcy : Is the tenderer in a bankruptcy situation? Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions.
Corruption : 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.
Arrangement with creditors : Is the supplier in a situation where he has been forced debt arrangement? Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions.
Participation in a criminal organisation : 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)
Agreements with other economic operators aimed at distorting competition : Has the tenderer entered into agreement(s) with other tenderers with the intention of turning the competition?
Breaching of obligations in the fields of environmental law : Is the tenderer aware of breaches of environmental provisions as stated in national law, the relevant notice or procurement documents or Article 18 (2) of Directive 2014/24/EU.
Money laundering or terrorist financing : 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).
Fraud : 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).
Child labour and other forms of trafficking in human beings : 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 child labour and other forms of human trafficking by a verdict handed down no more than five years ago, or a rejection period determined directly in the judgement that still applies? Child labour and other forms of human trafficking as defined in Article 2 of the European Parliament and council directive 2011/36/EU of 5. 1 April 2011 on the prevention and control of human trafficking and the protection of its victims and for compensation of the Council ́s framework decision 2002/629/RIA (EUT L 101 of 15.4.2011, p. 1).
Insolvency : Is the tenderer in an insolvency situation? Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions.
Breaching of obligations in the fields of labour law : Is the tenderer aware of breaches of provisions on working conditions as stated in national law, the relevant notice or procurement documents or Article 18 (2) of Directive 2014/24/EU.
Assets being administered by liquidator : Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions.
Guilty of misrepresentation, withheld information, unable to provide required documents and obtained confidential information of this procedure : Have the tenderer:a) given grossly incorrect information when notifying the information required to verify that there is no basis for rejection, or of the qualification requirements being met,b) failed to provide such information,c) subject to immediately submitting the supporting documents requested by the Contracting Authority, ord) improperly affecting the Contracting Authority's decision process to acquire confidential information that could give this an unlawful advantage in connection with competition, or negligently has given misleading information that can have a significant influence on decisions on rejection, selection or award?
Conflict of interest due to its participation in the procurement procedure : Are tenderers aware of a conflict of interest as stated in national law, the relevant notice or procurement documents?
Direct or indirect involvement in the preparation of this procurement procedure : Has the tenderer or an entity associated with the supplier advised the contracting authority or in another way been involved in the planning of the competition?
Guilty of grave professional misconduct : Has the tenderer committed serious errors in professional practice? If relevant, see the definitions in national law, the relevant notice or procurement documents.
Early termination, damages or other comparable sanctions : Has the tenderer committed significant breaches of contract in connection with the fulfilment of a previous public contract, a previous contract with a public contracting authority or a previous concession contract, where the breach has led to the cancellation of the contract, compensation or other similar sanctions?
Breaching of obligations in the fields of social law : Is the tenderer aware of breaches of provisions on social conditions as stated in national law, the relevant notice or procurement documents or Article 18 (2) of Directive 2014/24/EU.
Payment of social security contributions : Have tenderers failed to fulfil all their social security obligations in the country where they are established and in their member state, if this is a different country than what he is established in?
Business activities are suspended : Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions.
Payment of taxes : Has the tenderer not fulfilled his tax and duty obligations in the country in which he is established, and in the contracting authority's member state, if this is a different country than what he is established in?
Terrorist offences or offences linked to terrorist activities : 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.

5. Lot

5.1 Lot technical ID : LOT-0000

Title : Framework agreement for legal assistance
Description : The contracting authority is the Norwegian Labour Inspection Authority. Arbeidstilsynet (The Norwegian Labour Inspection Authority) is a governmental agency under Arbeids- og inkluderingsdepartementet (the Ministry of Labour and Social Inclusion), focused on occupational safety and health. The Norwegian Labour Inspection Authority consists of a directorate and an outer department with six departments. The agency has office locations that meet entities nationwide. As of November 2024, 750 employees were divided between 22 office locations, 5 service centres for foreign workers (SUA) and 8 inter-agency centres targeting work crime. The Norwegian Labour Inspection Authority works for a high level of health, working environment and safety and controls that entities follow up on their responsibilities in the working environment regulations, c.f. the Working Environment Act § 18-1. The Norwegian Labour Inspection Authority ́s efforts shall contribute to: • The entities work systematically with preventive working environment, health and safety. • The entities take care of serious and decent working conditions. • Labour crime is uncovered and combated See our website for further information on the Norwegian Labour Inspection Authority's organisation and activities: www.arbeidstilsynet.no. The objective of the procurement is to enter into a contract for legal assistance for shorter or longer assignments. The contracting authority has an occasional need for legal assistance for the contracting authority ́s total activities. The need is primarily covered by internal resources, but at times external assistance can be required. Good competence is required for assistance to the public sector, and some of the aim could also be to ensure transfer of competence. Some assignments will be carried out as consultancy assignments (in accordance with SSA-O), others as consultancy services (in accordance with SSA-B). See the attached tender documentation and accompanying documents for further information on the enquiry.
Internal identifier : 2024/60105

5.1.1 Purpose

Main nature of the contract : Services
Main classification ( cpv ): 79100000 Legal services
Additional classification ( cpv ): 75231000 Judicial services
Additional classification ( cpv ): 79110000 Legal advisory and representation services
Additional classification ( cpv ): 79111000 Legal advisory services
Additional classification ( cpv ): 79112000 Legal representation services
Additional classification ( cpv ): 79130000 Legal documentation and certification services
Additional classification ( cpv ): 79140000 Legal advisory and information services
Additional classification ( cpv ): 79212000 Auditing services
Additional classification ( cpv ): 79418000 Procurement consultancy services
Additional classification ( cpv ): 79994000 Contract administration services

5.1.2 Place of performance

Country : Norway
Anywhere in the given country
Additional information : The collaboration will as far as possible take place digitally.

5.1.3 Estimated duration

Duration : 2 Year

5.1.4 Renewal

Maximum renewals : 2
The buyer reserves the right for additional purchases from the contractor, as described here : 1 (one) + 1 (one) year

5.1.5 Value

Estimated value excluding VAT : 5 000 000 Norwegian krone

5.1.6 General information

This is a recurrent procurement
Description : We will most likely have a need for this type of service or equivalent, after this framework agreement has expired.
Reserved participation : Participation is not reserved.
Procurement Project not financed with EU Funds.

5.1.9 Selection criteria

Criterion :
Type : Economic and financial standing
Use of this criterion : Not used
Criterion :
Type : Suitability to pursue the professional activity
Use of this criterion : Not used
Criterion :
Type : Technical and professional ability
Use of this criterion : Not used

5.1.10 Award criteria

Criterion :
Type : Price
Name : Price
Description : Under this criteria: - Hourly rate for a partner - Hourly rate for a permanent lawyer/lawyer. - Hourly rate for a associate attorney - Hourly rate for a senior attorney The hourly rates will be evaluated based on the average hourly rate for the four price categories. See the tender documentation for further details.
Weight (percentage, exact) : 30
Criterion :
Type : Quality
Name : Competence and quality
Description : - Under this criteria, up to 3 offered resources are assessed per legal area, competence and suitability, cf. the assignment. - Work methodology, response time, follow-up, delivery security and transfer of competence See the tender documentation for further details.
Weight (percentage, exact) : 70
Description of the method to be used if weighting cannot be expressed by criteria :
Justification for not indicating the weighting of the award criteria :

5.1.11 Procurement documents

Languages in which the procurement documents are officially available : Norwegian
Deadline for requesting additional information : 14/02/2025 11:00 +00:00

5.1.12 Terms of procurement

Terms of the procedure :
Estimated date of dispatch of the invitations to submit tenders : 16/01/2025
Terms of submission :
Electronic submission : Allowed
Languages in which tenders or requests to participate may be submitted : Norwegian
Electronic catalogue : Allowed
Variants : Not allowed
Tenderers may submit more than one tender : Not allowed
Deadline for receipt of expressions of interest : 25/02/2025 11:00 +00:00
Terms of contract :
The execution of the contract must be performed within the framework of sheltered employment programmes : No
A non-disclosure agreement is required : yes
Additional information about the non-disclosure agreement : Information that the parties become aware of in connection with the framework agreement and the execution of the framework agreement with call-offs shall be treated confidentially and not be made available to outsiders without the consent of the other party. The client confidentiality also applies after the framework agreement has expired. Employees or others who resign their services at one of the parties shall also be subject to confidentiality even after they have left as mentioned above. The client confidentiality expires 5 (five) years after the framework agreement has expired, unless otherwise stated in the law or regulations. The client confidentiality is otherwise regulated in each award agreement and in the relevant law or regulations.
Electronic invoicing : Required
Electronic payment will be used : yes

5.1.16 Further information, mediation and review

Mediation organisation : Klagenemnda for offentlige anskaffelser
Organisation providing additional information about the procurement procedure : ARBEIDSTILSYNET
Organisation providing offline access to the procurement documents : ARBEIDSTILSYNET
Organisation providing more information on the review procedures : Klagenemnda for offentlige anskaffelser
Organisation receiving requests to participate : ARBEIDSTILSYNET
Organisation processing tenders : ARBEIDSTILSYNET

8. Organisations

8.1 ORG-0001

Official name : ARBEIDSTILSYNET
Registration number : 974761211
Postal address : Postboks 4720 Torgarden
Town : TRONDHEIM
Postcode : 7468
Country : Norway
Contact point : Heidi Kvam
Telephone : +47 97074537
Roles of this organisation :
Buyer
Organisation providing additional information about the procurement procedure
Organisation providing offline access to the procurement documents
Organisation receiving requests to participate
Organisation processing tenders

8.1 ORG-0002

Official name : Klagenemnda for offentlige anskaffelser
Registration number : 918195548
Department : KOFA
Town : Bergen
Country : Norway
Telephone : 55193000
Other contact points :
Official name : Trøndelag Tingrett
Department : Trøndelag Tingrett
Postal address : Postboks 2317 Torgarden
Town : Trondheim
Postcode : 7004
Country : Norway
Roles of this organisation :
Organisation providing more information on the review procedures
Mediation organisation

11. Notice information

11.1 Notice information

Notice identifier/version : f89020e4-815f-4923-8f77-2624b4acac65 - 01
Form type : Competition
Notice type : Contract notice – light regime
Notice dispatch date : 15/01/2025 12:31 +00:00
Notice dispatch date (eSender) : 15/01/2025 13:00 +00:00
Languages in which this notice is officially available : English

11.2 Publication information

Notice publication number : 00031817-2025
OJ S issue number : 11/2025
Publication date : 16/01/2025