Regulations for the Public Procurement Complaints Commission
Translated from the Icelandic. In the event of any discrepancies between the translation and the text in Icelandic, the original text shall take precedence.
Regulations for the Public Procurement Complaints Commission
Name and domicile
The Public Procurement Complaints Commission operates on the basis of Chapter XI. of the Act on Public Procurement no. 120/2016, as subsequently amended, whereas the processing of cases before the Board shall in other respects be in accordance with the Administrative Procedures Act no. 37/1993, as subsequently amended.
The full name of the Board is “the Public Procurement Complaints Commission”. The domicile and postal address of the Board is with the Ministry of Finance, Arnarhváll, 150 Reykjavík. E-mail: [email protected].
The submission of a complaint
A complaint shall be submitted or sent by mail to the Public Procurement Complaints Commission. Nonetheless, it shall be permitted to send a signed copy to the Commission by e-mail, and such a communication shall be viewed as having been received if the original document is received by the Commission within 72 hours.
Along with the delivery of postal communication, the complainant shall pay a complaint fee according to paragraph 5, Article 106, Act no. 120/2016, cf. Article 11, Act no. 58/2013. A complaint will not be taken under substantive consideration unless the fee has been paid.
A determination as to whether a complaint has been received within the complaint time limit shall be based on the date of receipt of a complaint.
The form of complaint and supporting documents
A complaint shall be signed by the complainant, the representative of the complainant or its attorney.
The complaint shall be accompanied with a copy of all documents referred to in the complaint plus other documents that the complainant considers as supporting its complaint.
The complaint along with supporting documents shall be submitted in six duplicates. The complainant can request that supporting documents be submitted in electronic form when the volume of documents is large. The complainant can also request that only one copy of certain documents be submitted.
The content of a complaint
A complaint shall contain the following:
a. The full name of the complainant and its representatives, the id. number, domicile and e-mail, if applicable.
b. The name and domicile of the respondent.
c. The decision, action or lack of action being complained about.
d. The claims of the complainant that shall concern the action of the Commission according to Act no. 120/2016.
e. Request for an opinion on the restitution obligation of the respondent, if applicable.
f. A short description of circumstances of the case, its grounds and the substantiation therefor. Whether it shall be permitted that notices, decisions and awards shall only be sent to the complainant by e-mail.
g. If a complainant requests that confidentiality be respected concerning certain issues, it shall specify such issues and at the same time specify to which extent confidentiality is requested and the reasons therefor.
Notice of receipt of a complaint
Upon receipt of a complaint, the Commission immediately informs the respondent of having received the complaint. In case of a complaint regarding a decision to choose a particular tender, the notice to the respondent shall call attention to the fact that the award of a contract may not be permitted until the Commission has finally resolved the complaint.
The processing of a case
When a complaint is taken under consideration, the Commission gives the respondent the opportunity to respond to the content of the complaint, as well as a company that has a financial interest in the complaint. The period allowed shall normally not be longer than 10 days from the date of the letter of the Commission.
The complainant shall normally be allowed a brief period to respond to the statement of the respondent as well as others which have been given the opportunity to comment in writing. The period allowed shall normally not be longer than 10 days from the date of the letter of the Commission.
Upon having received the final comments of the complainant, the Commission takes the case under judgment unless it is decided to hear oral arguments or further procurement of documents is called for at the initiative of the Commission.
Procedure of a claim to temporarily stay a contract award
A respondent, including a company that may have a financial interest in the complaint, shall normally be given a brief period to comment upon the possible temporary stay of an invitation to tender or award of a contract. The period shall normally not be longer than 72 hours.
In case of a clear and obvious violation of public procurement rules, a temporary stay shall be permitted without allowing the respondent the opportunity to comment.
When comments according to paragraph 1 have been received, the Commission shall decide upon the claim as soon as possible. If it is clear that conditions for the temporary stay of a contract award are not satisfied, it shall nonetheless be allowed to postpone the consideration of a claim for a final decision with a written record in the minutes of the Commission.
Procedure for rescinding the stay of a contract award
The Commission can decide to rescind a stay of a contract award that emanated from the receipt of a complaint within a lawful waiting period according to Article 86, Act no. 120/2016, whether due to a claim by a respondent or at its own initiative.
Should a respondent call for the rescission of a contract award, the Commission can decide to rescind the stay without procuring further documents or comments from the complainant.
Before the Commission decides to rescind the stay of a contract award at its own initiative, it shall normally accord the parties with the opportunity to comment.
Form and content of the statement of the respondent
and supporting documents
The form and content of the statement of the respondent shall be in accordance with Articles 3 and 4, as applicable.
Should a respondent request that confidentiality should apply to certain issues, it must specify such issues and state as well to what extent confidentiality is requested and the reasons therefor.
The appointment of the Commission
At a Commission meeting where a final decision in a case is arrived at, the full Commission shall be present. In other instances, it shall be sufficient that two Commission members be present.
The chairman shall request the presence of alternate members if necessary. In selecting an alternate, an effort shall be made to equalise the number of cases that alternates participate in. In place of a member with general experience and business know-how, an alternate shall be called in who has been appointed due to a comparable experience.
In the absence of the chairman, another member, trained in law, shall act as chairman. In the absence of two appointed members, both trained in law, a drawing of lots shall decide which alternate, trained in law, shall act as chairman.
Commission members shall sign decisions, awards and minority opinions they support.
The decisions of the chairman
The chairman shall call meetings of the Commission and manage its work.
The chairman shall decide upon the delivery of documents to parties of the case and other parties.
Minutes and case records
The secretary of the Commission shall record minutes of meetings as needed. A record of cases coming before the Commission shall be kept as well as their conclusion.
It shall be allowed to send notices, decisions and awards by e-mail or other electronic means to a party, should it have approved such an arrangement. A confirmed duplicate of decisions and awards shall also be sent by letter or with a fully verifiable electronic signature.
The publication of resolutions of the Public Procurement Complaints Commission
The awards and decisions of the Commission shall be made accessible to the public by further decision of the chairman. If a party to a case wishes that certain parts of an award will not be published, it shall inform the Commission thereof as soon as possible and the reasons therefor.
Information to the Ministry of Finance and Economic Affairs
The Commission shall provide the Ministry of Finance and Economic Affairs with a duplicate of decisions and awards in cases before it.
Entry into effect
These regulations are issued in accordance with the authority provided in Article 113, Act no. 120/2016 on Public Procurement and shall enter into effect immediately.