FCCA proposed as supervisor of the legality of public procurements from 2017

It has been proposed that the Finnish Competition and Consumer Authority (FCCA) take over supervisory tasks related to the new public procurement act. The FCCA would supervise overall adherence to the new act, but its supervisory tasks would focus on illegal direct awards in particular. In order to establish the proposed supervisory operations, the FCCA is likely to open new expert positions in 2016 in relation to the new public procurement act.

According to a Government Proposal on a new public procurement act (HE 108/2016 vp) (in Finnish), presented on 22 June 2016, the FCCA would be tasked with supervising the new act from the beginning of 2017. The FCCA would supervise adherence to all provisions of the new public procurement act, but this supervision should primarily focus on illegal direct awards and other corresponding procurements conducted in a blatantly erroneous or discriminatory manner. It is also proposed that the FCCA be given the option of issuing reminders to procurement units if it observes unlawful conduct. In the case of illegal direct awards, it is proposed that the FCCA have the power to prohibit the implementation of a procurement decision or propose that the Market Court impose the required penalties.

Everyone would have the right to report to the FCCA upon noting illegal or problematic actions. The FCCA could also investigate and inspect illegal acts on its own initiative. It would report its operations and the results of its supervisory tasks in a transparent manner, as required by public procurement directives.

An appropriation will probably be allocated to the FCCA for its new supervisory tasks in the 2017 budget, for the organisation of the related duties and recruitment of new experts. If this occurs, the FCCA will open up new positions in autumn 2016 for the management of supervisory tasks and case processing.  Those interested in these positions are invited to contact Assistant Director Arttu Juuti (tel. +358 29 505 3614).

In the autumn of 2016, the FCCA will hear its stakeholders’ opinions on the public procurement supervision tasks, remit and operational focus areas now proposed for the FCCA. The FCCA will agree separately on the schedules, methods and content of the stakeholder hearings at a later date.

Further information:

Juhani Jokinen, Director General, tel. +358 029 505 3389
Assistant Director Arttu Juuti, tel. +358 29 505 3614