# Tender documents

The tender documents say what is bought, on what terms and how tenders are evaluated. The contracting authority may only make non-substantial changes.

Canonical URL: https://tendline.no/en/glossary/tender-documents

In Norwegian: [Konkurransegrunnlag](https://tendline.no/ordliste/konkurransegrunnlag.md)

## Definition

The tender documents (konkurransegrunnlaget, in everyday speech also anbudsgrunnlag) are the documents the contracting authority produces or refers to in order to describe the procurement and the competition. They include, among other things, the description of what is to be bought, the contract terms, how the competition will be run, the qualification documents and additional information issued along the way. The contract notice and the European Single Procurement Document (ESPD) are not part of them. Together with those, the tender documents make up the procurement documents (anskaffelsesdokumentene) (§ 4-2 of the Public Procurement Regulations (anskaffelsesforskriften); the § references on this page are to the Regulations unless the Act is named).

The rules differ between the parts of the Regulations, which depend on the type of contract and its estimated value. In competitions under Part II and Part III, the contracting authority must prepare tender documents, unless the contract notice already gives the information. Part II applies from NOK 1.3 million up to the EEA thresholds (except health and social services), and for special services (særlige tjenester) from NOK 1.3 million with no upper limit. Part III applies at or above the EEA thresholds for supply, service and works contracts (§ 5-1). The tender documents must, among other things, state what is to be procured, which contract terms apply, whether there will be a framework agreement, how the competition will be run and what requirements apply to the content and form of the tender (§ 8-4 and § 14-1). Under Part III, they must also state which procedure has been chosen, which time limits apply, and which qualification requirements (the directive's selection criteria), criteria for limiting the number of candidates and award criteria are used. Under Part III, the qualification requirements must be stated in the contract notice, or in the invitation to confirm interest after a prior information notice used as a call for competition (§ 16-1 (3)), so read the notice together with the tender documents.

From NOK 500,000 up to NOK 1.3 million, only Part I applies. There the contracting authority has no duty to prepare separate tender documents, but according to DFØ (the Norwegian Agency for Public and Financial Management) it must say in advance what is to be bought and what will count when the tenders are evaluated. The same applies to health and social services below NOK 8.7 million. At or above NOK 8.7 million, they follow Part IV, where the contracting authority sets out in the procurement documents how the competition will be run (§ 30-1).

In competitions under Part III, the tender documents must be made available from the day the competition is advertised in TED (Tenders Electronic Daily, the EU's database of contract notices), or the invitation to confirm interest is sent, with unrestricted and full direct access free of charge by electronic means (§ 14-1 (2) and § 14-3 (1)). DFØ takes the view that the contracting authority cannot require you to register to get access. For parts that are confidential, or that require tools or file formats that are not generally available (§ 22-4), the contract notice must say how you obtain them, and the tender deadline is extended by five days, except in cases of urgency (§ 14-3 (2) and (3)). Part II has no fixed rule on when the tender documents must be available, but the tender deadline must give you enough time from when you receive them (DFØ).

## Why it matters for suppliers

Advice on the order in which to read: start with the deadlines, both the tender deadline and the deadline for questions. Then read the qualification requirements to see whether you can take part, and the minimum requirements (absolutte krav) in the technical specifications (kravspesifikasjonen) to see whether you can deliver. In competitions under Part II and Part III, a tender with material deviations from the procurement documents must be rejected (§ 9-6 (1) letter b and § 24-8 (1) letter b). Then read the award criteria and weightings to see what earns points, and finally the contract terms and the price form, which decide what it costs you to deliver.

If anything is unclear, ask the contracting authority in writing, in the way the tender documents specify, and well before the deadline for questions. In competitions under Part III, the answer must be sent to all suppliers (§ 14-2 (2)), and since the definition in § 4-2 mentions additional information, the answer is probably part of the tender documents. Under Part I and Part II there is no express rule, but equal treatment suggests that the answer is shared. Advice: ask rather than make a reservation in your tender. A reservation can become a deviation, and a deviation that is not insignificant can lead to rejection.

The contracting authority may correct and change the tender documents during the competition, but never substantially. Advice: sign up for notifications where the competition is run, so that corrections reach you, and check before you submit that your tender is based on the latest version. The time limits for answers and the rules on changes before and after the tender deadline are in the questions below.

## Legal basis

Public Procurement Regulations (anskaffelsesforskriften) § 4-2, § 5-1, § 8-4, § 9-1, § 9-6, § 14-1 to § 14-3, § 16-1, § 20-1, § 23-3, § 23-7, § 24-8 and § 30-1 · Public Procurement Act (anskaffelsesloven) § 4

## Example

A central government agency advertises an open procedure (anbudskonkurranse) for office furniture with an estimated value of NOK 3 million and a tender deadline of 30 April. The value is above NOK 1.63 million, so Part III applies. The price form does not say how many chairs the agency needs, and on 10 April you ask about the number. The agency answers on 14 April, 16 days before the deadline, and sends the answer to all suppliers.

On 27 April the agency corrects an error in the price form that affects the price. The correction means the suppliers need more time to recalculate, so the agency must extend the tender deadline proportionately (§ 20-1 (3) letter a); that applies whenever such a change is made, not only in the last six days. Had the agency instead lowered a minimum requirement in the technical specifications so much that more suppliers could deliver, the change could have been substantial. In DFØ's understanding, the agency would then have had to cancel the competition.

## Frequently asked questions

### What is in the tender documents?

What you need to prepare your tender: what is to be bought, often with technical specifications and minimum requirements, the contract terms, whether there will be a framework agreement, how the competition will be run and how the tender is to be drawn up (Public Procurement Regulations § 8-4 and § 14-1). In competitions under Part III, they must also state the procedure, the time limits, the qualification requirements, any criteria for limiting the number of candidates, the award criteria and the requirements for communication. DFØ regards the estimated value and scope as key information. How extensive the tender documents are depends on the value, nature and complexity of the procurement. DFØ has templates that contracting authorities can use.

### When must the contracting authority answer questions about the tender documents?

In competitions under Part III, the contracting authority must supply additional information no later than six days before the tender deadline, or four days in cases of urgency, provided you asked in sufficient time. The answer must be sent to all suppliers in the competition (§ 14-2 (2)). If the information comes later, the tender deadline must be extended proportionately, unless the information is insignificant or you did not ask in reasonable time (§ 20-1 (3) and (4)). The contracting authority may set its own deadline for questions (DFØ). Under Part I and Part II, the Regulations have no such time limit and no express rule on sending the answer to everyone. The principle of equal treatment in the Public Procurement Act (anskaffelsesloven) § 4 nevertheless suggests that all suppliers get the same information. In case 2008/153, under the Utilities Regulations (forsyningsforskriften), KOFA (the Complaints Board for Public Procurement) found a breach of equal treatment because one tenderer received different information about the scope from the others (DFØ).

### Can the contracting authority change the tender documents before the tender deadline?

Yes, but only with changes that are not substantial. In competitions under Part III, corrections and changes must be sent at once to everyone who has received the tender documents, and the tender deadline must be extended proportionately if the suppliers need more time (§ 14-2 and § 20-1 (3)). According to DFØ, a change is substantial if it could have led other suppliers to take part, and several small changes can together become substantial. Changes to the award criteria and to the technical specifications the suppliers have built their tenders on are particularly exposed (DFØ). In case 2022/702, KOFA found that lowering a minimum requirement from 90 to 70 degrees, in two steps after an approach from one supplier, was a substantial change, because it changed which products could be offered. If the contracting authority needs a substantial change, DFØ takes the view that it must cancel the competition. That is not stated expressly in the Regulations; DFØ relies on KOFA case 2022/1660.

### Can the tender documents be changed after the tender deadline?

In competitions under Part III, the starting point is no. The power to make changes applies until the tender deadline, and according to DFØ it is then closed in open and restricted procedures. In a competitive procedure with negotiation, a competitive dialogue and an innovation partnership, the tender documents may be changed as a result of the negotiations or the dialogue (§ 14-2 (4)). According to DFØ, the contracting authority still cannot make substantial changes, but in a competitive procedure with negotiation and an innovation partnership the assessment of what is substantial may be somewhat different from that in an open or restricted procedure, and there is more room to make changes. In a competitive procedure with negotiation and an innovation partnership, the award criteria and the minimum requirements may not be negotiated, and the changes must be sent at once to the remaining suppliers, who must be given time to submit revised tenders (§ 23-7). In competitions under Part II, that is from NOK 1.3 million up to the EEA thresholds (except health and social services), and for special services from NOK 1.3 million with no upper limit, changes that are not substantial can be made until the contract is signed (§ 8-4 (4)). According to DFØ, whether a change is substantial is assessed case by case, and both the extent and the timing of the change count, so a change late in the competition is more exposed.

### What happens if the tender documents are unclear?

The contracting authority bears the risk of ambiguities in the tender documents, and you bear the risk of ambiguities in your tender (§ 8-4 (3), § 9-1, § 14-1 (5) and § 23-3). The tender documents are interpreted objectively, by how a reasonably well-informed and normally diligent supplier would understand them, not by what the contracting authority meant (DFØ). In joined cases 2019/731 and 2019/732, KOFA found that a minimum requirement worded “minimum 5 ansatte dedikert til kundeservice” (a minimum of 5 employees dedicated to customer service) could be understood in more than one way, so that the suppliers could not understand it in the same way. If the tender documents are that unclear, the contracting authority may have a duty to cancel the competition (DFØ). Advice: ask your question before the deadline instead of choosing an interpretation yourself.

## In Tendline

[Tendline reads the whole set of tender documents and gathers every requirement and clause in one requirements matrix](https://tendline.no/en#how-we-work)

## Sources

- [Lovdata: Public Procurement Regulations (anskaffelsesforskriften), § 4-2, § 5-1, § 8-4, § 9-1, § 9-6, § 14-1 to § 14-3, § 16-1, § 20-1, § 23-3, § 23-7, § 24-8 and § 30-1 (Norwegian)](https://lovdata.no/dokument/SF/forskrift/2016-08-12-974)
- [Lovdata: Public Procurement Act (anskaffelsesloven), § 4 (Norwegian)](https://lovdata.no/dokument/NL/lov/2016-06-17-73)
- [DFØ: Guide to the Public Procurement Regulations, chapter 19 Tender documents (Norwegian)](https://www.anskaffelser.no/veileder-til-anskaffelsesforskriften/19-konkurransegrunnlaget)
- [DFØ: Guide to the Public Procurement Regulations, chapter 11 Planning and advertising, on Part II (Norwegian)](https://www.anskaffelser.no/veileder-til-anskaffelsesforskriften/11-planlegging-og-kunngjoring)
- [DFØ: Guide to the Public Procurement Regulations, chapter 9 Procurements under Part I (Norwegian)](https://www.anskaffelser.no/veileder-til-anskaffelsesforskriften/9-gjennomforing-av-anskaffelser-etter-anskaffelsesforskriften-del-i)
- [EUR-Lex: Directive 2014/24/EU on public procurement, Articles 2, 47 and 53 (English terminology)](https://eur-lex.europa.eu/eli/dir/2014/24/oj/eng)

Last checked against the sources: 14 October 2026

## Related terms

- [Qualification requirements](https://tendline.no/en/glossary/qualification-requirements.md)
- [Award criteria](https://tendline.no/en/glossary/award-criteria.md)
- [Open and restricted procedure (anbudskonkurranse)](https://tendline.no/en/glossary/open-and-restricted-procedure.md)
- [Contract notice](https://tendline.no/en/glossary/contract-notice.md)
- [Doffin](https://tendline.no/en/glossary/doffin.md)
- [Rejection of tenders](https://tendline.no/en/glossary/rejection-of-tenders.md)
- [Cancellation of a competition](https://tendline.no/en/glossary/cancellation.md)
- [Competitive procedure with negotiation](https://tendline.no/en/glossary/competitive-procedure-with-negotiation.md)
- [Public Procurement Regulations (anskaffelsesforskriften)](https://tendline.no/en/glossary/public-procurement-regulations.md)
- [Tender deadline](https://tendline.no/en/glossary/tender-deadline.md)