The Norwegian Complaints Board for Public Procurement
The Norwegian Complaints Board for Public Procurement (KOFA) operates under regulation established by Royal Decree 15.11.2002 number 1288. KOFA is an independent body assigned to review complaints regarding infringements of the law on public procurement and associated regulations.
This legislature carries out Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, and Directive 2004/17/EC coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors.
KOFA is composed of ten members, including a chair. It is supported by a Secretariat consisting of legal officers, which in addition to having responsibility for administrative affairs, handles the formal and material preparation of cases.
The procedure for reviewing cases consists of a written exchange of pleadings, similar to the hearing of civil actions. There is however no oral proceedings. Similar to civil actions before the courts, the procedure is adversary, as opposed to inquisitorial, and is limited to the parties' claims, pleas, allegations and evidence.
A complaint does not have the effect of suspending the procedure for the award of a public contract. An action for interim measures to suspend the procedure must be brought before a court. In the absence of a court-ordered suspension of the conclusion of a contract, the contracting authority decides whether to suspend the procedure pending the outcome of the KOFA's decision. KOFA handles the case in an expedited procedure if interim measures are in place or the contracting authority confirms that the conclusion of the contract will be suspended.
KOFA submits legal binding decisions in cases where the public authority has comitted an illegal direct award and has shown intention or gross negligence/negligence. KOFA also gives advisory opinions, i.e. decisions not enforceable by law. Note that there are different procedural rules governing complaints regarding illegal direct awards and other complaints.
Requirements when submitting a complaint
Complaints must be submitted formally, in writing, and drafted in Norwegian.
- Complaints must be submitted within 6 months of the date on which the contract is concluded.
- Complaints regarding illegal direct awards must be submitted within 2 years of the date on which the contract is concluded.
- Complaints have a filing fee of NOK 8000,–
- Complaints regarding illegal direct awards has a filing fee of NOK 1000,–
Switchboard: + 47 55 19 30 00
Postboks 511 Sentrum
Zander Kaaesgt. 7
Publisert: 21.06.2013 | Sist endret: 27.04.2017