KOFA presents question on the geographical scope of the procurement regulations to the EFTA Court

The Norwegian Complaints Committee for Public Procurement (KOFA) has recently presented a principal and unclarified question on the geographical scope of the procurement regulations to the EFTA Court.

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The background of the matter is a complaint over a procurement made by the Norwegian Embassy in Luanda for the implementation of a human rights project in Angola. The contract was awarded to the Norwegian company The Governance Group AS. One of the other tenderers in the competition, Scanteam AS, made a complaint over the assignment decision, and stated that the competition had to be cancelled. The Embassy dismissed the claim for cancellation and contract was entered into with The Governance Group.

Scanteam consequently made a complaint to KOFA, and KOFA has now decided to ask for an advisory opinion from the EFTA Court, inquiring whether the procurement regulations are at all applicable on procurements made by a foreign service mission outside the EE-area. This is the first time KOFA requests a decision from the EFTA Court, and the Norwegian State, represented by the Foreign Office, has raised the question of whether KOFA is qualified to do this. This question will probably be decided in connection with a case recently presented to the EFTA Court by the Icelandic Complaints Committee for Public Procurement.     

                             

Link to KOFA's internet pages where the matter is mentioned (only in Norwegian): https://www.klagenemndssekretariatet.no/klagenemda-for-offentlige-anskaffelser-kofa/kofa-aktuelt/ber-efta-domstolen-om-radgivende-uttalelse