The field of public sector procurement is closely linked to building and construction law. Those companies competing to carry out building and construction projects, or provide goods and services to public sector clients, must comply with a comprehensive and complex set of regulations. Suppliers and contractors have to exercise high levels of precision in the preparation of their bid documents in order to get the opportunity of a contract award.
For their part, public sector principals have a duty during the procurement process to conduct themselves in compliance with good business ethics, and are obliged to adhere to basic rules and requirements concerning non-discrimination, predictability and competition.
In practice, it is not uncommon for public sector principals to fail to implement the procurement procedures in compliance with the basic requirements. In some cases specific regulations are breached. If the tender documents contain ambiguous language or unlawful qualification or award criteria, or if a supplier has his bid unlawfully rejected, or if the wrong supplier is selected, or if the bidding process is cancelled, such errors may influence participation in, or the outcome of, the competitive process. In such cases, the supplier has a number of sanctions at his disposal to alter decisions to reject his bid, cancel the bidding process or award the contract to another party. Suppliers may also have access to compensation for losses they have incurred as a result of having participated in the bidding process or losing the contract. Projure provides assistance to suppliers and contractors in connection with the following matters, among others:
- Claims against municipalities and other public sector principals
- Claims made to the Norwegian Complaints Board for Public Procurement (KOFA)
- Assistance in the courts in cases of application for temporary injunction
- Assistance in the courts in connection with standard compensation claims