KOFA

KOFA (Klagenemnda for offentlige anskaffelser) is an independent body that handles complaints related to public tenders and procurement. Think of KOFA as a kind of "referee" that ensures the rules for public purchasing are followed.

How does KOFA work?

When a supplier believes that a contracting authority has violated public procurement regulations, they can file a complaint with KOFA. This might happen, for example, if a supplier believes that:

• They have been unfairly excluded from a tender procedure
• The award criteria have been changed during the process
• The notice did not comply with the legislation
• The contract conclusion was made prematurely

KOFA reviews the complaint and issues a statement on whether the rules have been breached or not. Although KOFA cannot compel anyone to change their decisions, their statements are respected and generally followed.

Example of a KOFA case

Suppose a municipality publishes a tender for cleaning services. They set a standstill period of only 5 days, even though the law requires a minimum of 10 days. A supplier who wanted to challenge the award does not have enough time and refers the case to KOFA. KOFA would then review the case and could conclude that the municipality has breached the regulations.

Why is KOFA important?

KOFA plays a vital role in ensuring that:

• Competitions are conducted fairly
• Public funds are used efficiently
• Suppliers are treated equally
• Public procurement regulations are followed

Tools like Cobrief help suppliers comply with the regulations and avoid mistakes that could lead to KOFA complaints, by providing support throughout the entire tender process.

KOFA helps build trust in the public procurement market and provides valuable guidance on how the regulations should be interpreted. This makes it safer for both contracting authorities and suppliers to participate in public tender procedures.