BD Law has a specialized group of lawyers within the area of public procurement. We assist procuring entities as well as suppliers. Norwegian public procurement is estimated to about 400 billion NOK a year. Both Norwegian and foreign bidders may participate in public procurements.
Public contracts with a value above 500.000 NOK are to be announced nationally. Contracts with a value above 1, 6 million NOK for goods and services, and 40,5 million NOK for building and construction works (part III of the Public procurements regulation), are in addition to be announced EU-wide. For the utilities sector, contracts with a value above 3, 2 million NOK for goods and services, and 40,5 million NOK for building and construction work, are to be announced in EU.
We have assisted several foreign entities, and the assistance relates to both the bidding process and to disputes. The last year a remarkable amount of cases have been brought up before the Complaint Board (KOFA). The complaining vendors won a huge amount of the cases against municipal authorities. Subsequently, there has been registered a decline in the amount of rejections from KOFA with respect to treating complaint cases . This development shows that knowledge of the public procurement rules has improved among tenderers. It has also become more common to retain legal advice in connection with the public procurement process, both on behalf of the aquirers as well as on behalf of the vendors. The development shows an increasing importance of monitoring the development within public procurement rules in order to protect the rights of the vendors.