Two different types of cases

• KOFA distinguishes complaints in advisory cases and in cases where an administrative fine may be imposed (illegal direct procurement).
• Read the descriptions below before you submit a complaint, and click on the type of complaint you wish to submit to KOFA.
• A complaint alleging illegal direct procurement must be submitted separately from a complaint leading to an advisory opinion because the two types of cases are subject to different procedural rules.
• The general rule is that complaints in advisory cases must be sent to KOFA within 6 months of the date on which the contract is entered into, whereas complaints of illegal direct procurement must be submitted within 2 years of the date on which the contract is entered into.

Advisory cases

Advisory cases are complaints where KOFA could give an advisory opinion on whether the public procurement regulations were breached.

To be allowed to submit a complaint, the complainant must have so-called standing. Suppliers who have participated in a public procurement competition have standing. The same is true for suppliers who wish to participate in a competition, but who think that they have, by illegal means, been excluded from participating.

There is a fee of NOK 860.- to submit a complaint. KOFA prioritises advisory cases where the respondent has announced that it will wait before entering into a contract.

Read more on the handling of advisory cases >>

Illegal direct procurement

Cases subject to administrative fine are complaints of illegal direct procurement. If a public awarding body buys goods or services with a value of more than NOK 500 000 without holding a competition, this may, in many instances, constitute an illegal direct procurement.

Anyone can bring this type of case to the Complaints Board – the ordinary requirement to have standing does not apply. There is no fee to submit a complaint about illegal direct procurement.

KOFA has, since 1st January 2007, been empowered to impose an administrative fine for illegal direct procurement. The size of the fine can range up to 15 percent of the value of the procurement.

KOFA prioritises cases subject to an administrative fine where the respondent has announced that it will way before entering a contract.

Read more on handling complaints in cases subject to administrative fines >>