The legal framework relating to public procurement is complicated and entails several discretionary rules. Breach of the legal framework may have considerably financial consequences, and lack of regard to the flexibility to which the rules invite results in an unnecessary limitation of legal options. The regulatory authority KOFA (complaint board regarding compliance with public procurement legislation) is continuously given new policy instruments in order to ensure effective compliance with the legal framework. KOFA has the authority to issue fines for breach of the rules regarding direct tendering, and new and more extensive rules are being prepared within the EC. These rules will also be given effect in Norway. Moreover, the courts may rule that procurement processes have to be cancelled, and/or impose upon the infringer an obligation to pay a considerable amount of damages.

Consequently there is a need for legal advice relating to the procurement process. Understanding and interpretation of the legislation will be subject to ordinary Norwegian legal sources and interpretation principles, but in addition decisions by the EC Court of Justice will be decisive. FOYEN is continuously updated on this progress.  

Lawyers in FOYEN assist with preparation and quality assurance of public procurement processes, and in relation to cases tried by KOFA and the courts. Assistance is rendered to institutions in the public sector as well as to vendors.