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  • 1.

    Relevant legislation
    What statutes or regulations govern procurement of defence and security articles?

  • 2.

    Identification
    How are defence and security procurements identified as such and are they treated differently from civil procurements?

  • 3.

    Conduct
    How are defence and security procurements typically conducted?

  • 4.

    Proposed changes
    Are there significant proposals pending to change the defence and security procurement process?

  • 5.

    Information technology
    Are there different or additional procurement rules for information technology versus non-IT goods and services?

  • 6.

    Relevant treaties
    Are most defence and security procurements conducted in accordance with the GPA or other treaty-based procurement rules, or does this jurisdiction commonly use the national security exemption to procure them?

  • 7.

    Dispute resolution
    How are disputes between the government and defence contractor resolved?

  • 8.


    To what extent is alternative dispute resolution used to resolve conflicts? What is typical for this jurisdiction?

  • 9.

    Indemnification
    What limits exist on the government’s ability to indemnify the contractor in this jurisdiction and must the contractor indemnify the government in a defence procurement?

  • 10.

    Limits on liability
    Can the government agree to limit the contractor’s liability under the contract? Are there limits to the contractor’s potential recovery against the government for breach?

  • 11.

    Risk of non-payment
    Is there risk of non-payment when the government enters into a contract but does not ensure there are adequate funds to meet the contractual obligations?

  • 12.

    Parent guarantee
    Under what circumstances must a contractor provide a parent guarantee?

  • 13.

    Mandatory procurement clauses
    Are there mandatory procurement clauses that must be included in a defence procurement contract or that will be read into the contract regardless of their actual inclusion?

  • 14.

    Cost allocation
    How are costs allocated between the contractor and government within a contract?

  • 15.

    Disclosures
    What disclosures must the contractor make regarding its cost and pricing?

  • 16.

    Audits
    How are audits of defence and security procurements conducted in this jurisdiction?

  • 17.

    IP rights
    Who gets the ownership rights to intellectual property created during performance of the contract? What licences are typically given and how?

  • 18.

    Economic zones
    Are there economic zones or other special programmes in this jurisdiction commonly utilised by foreign defence and security contractors for financial or other procurement related benefits?

  • 19.

    Forming legal entities
    Describe the process for forming legal entities, including joint ventures, in this jurisdiction.

  • 20.

    Access to government records
    Are there statutes or regulations enabling access to copies of government records? How does it work? Can one obtain versions of previous contracts?

  • 21.

    Supply chain management
    What are the rules regarding eligible suppliers and supply chain management and anti-counterfeit parts for defence and security procurements?

  • 22.

    Export controls
    What export controls limit international trade in defence and security articles? Who administers them?

  • 23.

    Domestic preferences
    What domestic preferences are applied to defence and security procurements? Can a foreign contractor bid on a procurement directly?

  • 24.

    Favourable treatment
    Are certain treaty partners treated more favourably?

  • 25.

    Sanctions
    Are there any boycotts, embargoes or other trade sanctions between this jurisdiction and others?

  • 26.

    Trade offsets
    Are defence trade offsets part of this country’s defence and security procurement regime? How are they administered?

  • 27.

    Private sector appointments
    When and how may former government employees take up appointments in the private sector and vice versa?

  • 28.

    Addressing corruption
    How is domestic and foreign corruption addressed and what requirements are placed on contractors?

  • 29.

    Lobbyists
    What are the registration requirements for lobbyists or commercial agents?

  • 30.

    Limitations on agents
    Are there limitations on the use of agents or representatives that earn a commission on the transaction?

  • 31.

    Conversion of aircraft
    How are aircraft converted from military to civil use, and vice versa?

  • 32.

    Drones
    What restrictions are there on manufacture and trade of unmanned aircraft systems or drones?

  • 33.

    Employment law
    Which domestic labour and employment rules apply to foreign defence contractors?

  • 34.

    Defence contract rules
    Are there any specific rules that contractors, foreign or domestic, are bound by in defence contracts?

  • 35.


    Do contractors avail themselves of these rules when they perform work exclusively outside of the jurisdiction?

  • 36.

    Personal information
    Must directors, officers or employees of the contractor provide personal information or certify that they fulfil any particular requirements to contract with a government entity?

  • 37.

    Licensing requirements
    What registration or licensing requirements exist to operate in the defence and security sector in the jurisdiction?

  • 38.

    Environmental legislation
    What environmental statutes or regulations must contractors comply with?

  • 39.


    Must companies meet environmental targets? What are these initiatives and what agency determines compliance?

  • 40.


    Do ‘green’ solutions have an advantage in procurements?

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Brækhus Advokatfirma has a strong practice in public procurement, construction and ICT, offering highly attentive assistance in commercial contract negotiations, protection of intellectual property rights, public procurement and procurement management, competition and market conditions, takeover bids, mergers and acquisitions, demergers, compliance, and dispute resolution.

View more information about Brækhus Advokatfirma DA


Oslo
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PO Box 1369 Vika
NO-0114
Oslo
Norway
T: +47 23 23 90 90
F: +47 22 83 60 60


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