Procurement is regulated by laws and regulations; guidance is available at anskaffelser.no. Here, relevant laws, regulations, and guidelines can be found, including how to calculate the value of a procurement and which threshold values apply for selecting the appropriate procurement procedure. The ability to modify an already concluded contract is also regulated. As the rules of the AI Act come into force, it will become increasingly important to determine the risk classification of an AI system. This will affect the requirements the organization must set for the supplier, as well as the requirements the organization must comply with under the AI Act as a user of the AI system.
There will primarily be three types of AI system procurements in the health and care sector: AI for clinical use, AI for administrative use, and AI for use in research and innovation.
Specific provisions for research and innovation
If the procurement is carried out as part of a research or innovation project, the Public Procurement Regulations contain specific provisions that allow exceptions from the obligation to publish such contracts [106][107]. According to Article 2 no.6 of the AI Act, the regulation does not apply to AI systems and models, including their outputs, that are developed and used solely for research and development purposes. However, the rules of the AI Act will apply if the AI system is placed on the market.
[106] For the implementation of innovation and development projects, see: Finn riktig metode for gjennomføring av innovasjon- og utviklingsprosjekter (anskaffelser.no)
[107] For exceptions for R&D contracts, see: Unntak for enkelte FoU-kontrakter (anskaffelser.no)