The Commission has reviewed the current legal basis for damages in its report. The Commision proposes to implement new provisions regarding damages, that implements current case law. The Commission proposes one regulation regarding damages for bids costs and one for lost profit. Furthermore, the Commision has proposed that a claim for damages must be brought within one year after the contract was signed. In respect to damages for lost profit the Commision has proposed to regulate in the new procurement act that the opportunity to claim such damages requires that the supplier has complained either to KOFA or the courts before the contract was concluded. Also, the Commission has also proposed guidelines on how the amount should be calculated.
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