societal considerations

Societal considerations (Norwegian: samfunnshensyn) is the umbrella term in Norwegian procurement law for requirements that aim at more than the lowest possible price. They cover climate and environment, pay and working conditions, apprentices, human rights, universal design, innovation, and security and preparedness. From 1 July 2026, all societal considerations are gathered in Sections 5a–5p of Norway's Public Procurement Act.

How do societal considerations work?

At EU level, Directive 2014/24/EU allows contracting authorities to integrate environmental, social and innovation considerations in public procurement, and Article 18(2) requires member states to ensure that suppliers comply with applicable environmental, social and labour law obligations. Norway, as an EEA country, has gone further than the directive and made many of these considerations mandatory.

Before 1 July 2026, the Norwegian rules were spread across the Act (Sections 5, 6 and 7), the procurement regulation and two separate regulations on pay and working conditions and on apprentices. Now everything is in the Act. At the same time, the Act got a new purpose clause (Section 1): it shall promote effective and sustainable use of society's resources, where sustainability means economic, social and environmental sustainability.

Here is an overview of the new Norwegian sections:

• § 5a: Duty to have a procurement strategy and routines. The strategy must be publicly available.
• §§ 5b and 5c: Climate and environmental considerations, with standardised minimum requirements and criteria.
• § 5d: Security and preparedness.
• §§ 5e–5k: Pay and working conditions, payment via bank, apprentices, control, supervision and limits on the number of tiers in the supply chain. Together these are often called the Norway Model.
• § 5l: Documentation of tax and VAT compliance.
• §§ 5m–5o: Human rights and decent working conditions, universal design and innovation.
• § 5p: Requirement for appropriate sanctions in the contract. It applies whenever the contracting authority must, or chooses to, include contract terms on societal considerations under §§ 5b to 5m.

Climate and environment is the requirement you will meet most often. Under § 5b, the authority must take climate and environment into account in all procurements. In advertised procurements, climate and environment must be weighted at least 30 percent when award criteria are weighted, or be among the three highest priorities. Exceptions must be justified in the procurement documents.

An example: A cleaning company bids for a framework agreement with a Norwegian municipality. The tender requires pay in line with collective agreements, wages paid via bank, a maximum of two tiers of subcontractors and eco-labelled cleaning products. The contract also states what happens if the requirements are breached, such as liquidated damages or termination.

Why do societal considerations matter for suppliers?

Societal considerations often decide who wins, not just the price. If you have documentation on environmental measures, pay and apprentices ready, you stand stronger. The new § 5p also means that breaches have contractual consequences, including breaches by your subcontractors.

You can also read the authority's procurement strategy (§ 5a) before deciding whether to bid, and use it actively in your tender. Read more in our blog post on new Norwegian procurement rules from 1 July 2026. Tools like Cobrief help you see which requirements a tender sets before you spend time on the bid.

Frequently asked questions

Do societal considerations apply to all procurements?

In Norway they apply from the minimum value threshold of NOK 500,000, but not to defence and security procurement. Several of the provisions (§§ 5e–5l) do not apply to utilities or concession contracts either.

Are the rules new?

Much is carried over from the old Norwegian rules. What is new is that everything is gathered in the Act, that authorities must have a public strategy, and that contracts must include sanctions for breaches.

What does the sanctions requirement mean in practice?

The contract must include suitable sanctions, such as liquidated damages or a right to terminate, if you or your subcontractors breach the terms on societal considerations.

In short: societal considerations are everything the Norwegian public sector wants to achieve with its purchasing beyond a low price. From 1 July 2026 you will find all the rules in Sections 5a–5p of the Public Procurement Act.