Stricter enforcement of public procurement

The Government today presented a proposal for stricter regulations for public procurement. It will now be easier for suppliers who have not succeeded in winning contracts to safeguard their rights. The regulations are also intended to counteract gross violation of the regulations. This especially concerns violation of the requirement for open competition on public procurement.

- I am pleased that we now are able to establish a set of regulations which will further contribute to a proper public procurement procedure, minister of Government administration and reform, Ms Rigmor Aasrud says.

A court of law will be able to cancel contracts entered in violation of the regulations. If the process has already proceedes so far that a contract cancellation would have serious social consequences, the contract may be shortened in addition to a possible imposition of a fine for the contractor.

KOFA – the Norwegian Complaints Board – still will have an advisory function; however, its present power of imposing fines will be moved to the courts of law.

The law regulations proposal is carrying out the EU directive 2007/66/EG (new directive on the review of procedures concerning the award of public contracts) in Norwegian law. The proposal is a follow-up of the report “Procedures for public procurement” (“Håndhevelse av offentlige anskaffelser”), with proposals from a public committee on how the new EU directive is to be implemented in Norwegian law.