| What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) |
DKK 998019. DKK 998,019 excluding VAT is the threshold applicable to public procurement contracts, service contracts and project competitions awarded by state contracting authorities, and DKK 1,541,715 excluding VAT is the threshold applicable to public goods procurement contracts, service contracts and project competitions awarded by non-state contracting entities. When construction work, supply of services or purchase of uniform goods are awarded as separate subcontracts, Titles II or III of the Public Procurement Act of 2015 apply to the conclusion of each individual subcontract, provided that the total value of all subcontracts at least corresponds to the applicable threshold value. However, a contracting authority may award a subcontract without following the rules in Titles II or III, when the estimated value excluding VAT of the subcontract in question is less than DKK 595,832 excluding VAT for goods or services or less than DKK 7,447,900 excluding VAT for construction.
(Public Procurement Act of 2015, as amended in 2019, §§ 6 (2) (3), 7, 8 and 9) |
| What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) |
DKK 38624809. DKK 38,624,809 excluding VAT is the threshold applicable to public works contracts. When construction work, supply of services or purchase of uniform goods are awarded as separate subcontracts, Titles II or III of the Public Procurement Act of 2015 apply to the conclusion of each individual subcontract, provided that the total value of all subcontracts at least corresponds to the applicable threshold value. However, a contracting authority may award a subcontract without following the rules in Titles II or III, when the estimated value excluding VAT of the subcontract in question is less than DKK 595,832 excluding VAT for goods or services or less than DKK 7,447,900 excluding VAT for construction.
(Public Procurement Act of 2015, as amended in 2019, §§ 6 (1)) |
| What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) |
DKK 998019. DKK 998,019 excluding VAT is the threshold applicable to public procurement contracts, service contracts and project competitions awarded by state contracting authorities, and DKK 1,541,715 excluding VAT is the threshold applicable to public goods procurement contracts, service contracts and project competitions awarded by non-state contracting entities. When construction work, supply of services or purchase of uniform goods are awarded as separate subcontracts, Titles II or III of the Public Procurement Act of 2015 apply to the conclusion of each individual subcontract, provided that the total value of all subcontracts at least corresponds to the applicable threshold value. However, a contracting authority may award a subcontract without following the rules in Titles II or III, when the estimated value excluding VAT of the subcontract in question is less than DKK 595,832 excluding VAT for goods or services or less than DKK 7,447,900 excluding VAT for construction.
(Public Procurement Act of 2015, as amended in 2019, §§ 6 (2) (3), 7, 8 and 9) |
| What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) |
DKK 998019. DKK 998,019 excluding VAT is the threshold applicable to public procurement contracts, service contracts and project competitions awarded by state contracting authorities, and DKK 1,541,715 excluding VAT is the threshold applicable to public goods procurement contracts, service contracts and project competitions awarded by non-state contracting entities.
(Public Procurement Act of 2015, as amended in 2019, §§ 6 (2)) |
| What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) |
DKK 3299496. By virtue of §§ 18 and 194 (2) of the Procurement Act and § 1 of the Executive Order No. 1624 of 2015 on the procedures for concluding contracts in the fields of water and energy supply, transport and postal services, procurement of utilities must obey the applicable Directive. The Utilities Directive 2014/25/EU, as amended in 2019, set the following thresholds: EUR 443,000 for supply and service contracts as well as for design contests; and EUR 5,548,000 for works contracts. At a conversion rate of 1 DKK = 0.134263 EUR (17/11/2020), the applicable thresholds are: DKK 3,299,496 for services and goods and DKK 41,317,567 for works.
(Public Procurement Act of 2015, as amended in 2019, §§ 18 and 194 (2)
Executive Order No. 1624 of 2015 (as of 2020), § 1
Directive 2014/25/EU, as amended in 2019, Art. 15 a) and b) ) |
| What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) |
DKK 998019. When public procurement contracts are entered into by contracting entities operating in the field of defense, the applicable threshold is DKK 998,019 for contracts relating to goods covered by Annex III to Directive 2014/24/EU and DKK 1,541,715 for contracts which relate to goods not covered by the Annex.
(Public Procurement Act of 2015, as amended in 2019, §§ 6 (2)
Executive Order No. 892 of 2011 (as of 2020)) |
| What are the minimum application thresholds for the procurement type? (Product type GOODS) |
DKK 998019. DKK 998,019 excluding VAT is the threshold applicable to public procurement contracts, service contracts and project competitions awarded by state contracting authorities, and DKK 1,541,715 excluding VAT is the threshold applicable to public goods procurement contracts, service contracts and project competitions awarded by non-state contracting entities. When construction work, supply of services or purchase of uniform goods are awarded as separate subcontracts, Titles II or III of the Public Procurement Act of 2015 apply to the conclusion of each individual subcontract, provided that the total value of all subcontracts at least corresponds to the applicable threshold value. However, a contracting authority may award a subcontract without following the rules in Titles II or III, when the estimated value excluding VAT of the subcontract in question is less than DKK 595,832 excluding VAT for goods or services or less than DKK 7,447,900 excluding VAT for construction.
(Public Procurement Act of 2015, as amended in 2019, §§ 6 (2) (3), 7, 8 and 9) |
| What are the minimum application thresholds for the procurement type? (Product type WORKS) |
DKK 38624809. DKK 38,624,809 excluding VAT is the threshold applicable to public works contracts. When construction work, supply of services or purchase of uniform goods are awarded as separate subcontracts, Titles II or III of the Public Procurement Act of 2015 apply to the conclusion of each individual subcontract, provided that the total value of all subcontracts at least corresponds to the applicable threshold value. However, a contracting authority may award a subcontract without following the rules in Titles II or III, when the estimated value excluding VAT of the subcontract in question is less than DKK 595,832 excluding VAT for goods or services or less than DKK 7,447,900 excluding VAT for construction.
(Public Procurement Act of 2015, as amended in 2019, §§ 6 (1)) |
| What are the minimum application thresholds for the procurement type? (Product type SERVICES) |
DKK 998019. DKK 998,019 excluding VAT is the threshold applicable to public procurement contracts, service contracts and project competitions awarded by state contracting authorities, and DKK 1,541,715 excluding VAT is the threshold applicable to public goods procurement contracts, service contracts and project competitions awarded by non-state contracting entities. When construction work, supply of services or purchase of uniform goods are awarded as separate subcontracts, Titles II or III of the Public Procurement Act of 2015 apply to the conclusion of each individual subcontract, provided that the total value of all subcontracts at least corresponds to the applicable threshold value. However, a contracting authority may award a subcontract without following the rules in Titles II or III, when the estimated value excluding VAT of the subcontract in question is less than DKK 595,832 excluding VAT for goods or services or less than DKK 7,447,900 excluding VAT for construction.
(Public Procurement Act of 2015, as amended in 2019, §§ 6 (2) (3), 7, 8 and 9) |
| Is there a requirement that tender documents must published in full? |
Yes. The contracting authority shall provide free, direct and full electronic access to the tender material from the date of publication of the tender notice in the Official Journal of the European Union. The contracting authority must state in the contract notice the electronic address at which access to the tender documents is granted. The contracting authority may, however, due to the special nature of the tender material or due to confidentiality (§ 5 (2)) fail to provide free, direct and full electronic access to certain parts of the tender dossier. In these situations, the contracting authority must state in the tender notice where and how access to these parts of the tender material can be obtained.
(Public Procurement Act of 2015, as amended in 2019, § 132) |
| Are any of these documents published online at a central place? |
Yes. All public tenders are published on www.udbud.dk and ted.europa.eu. However, access to the individual tender's documents are accessible via a website of the contracting authority's own choice.
|
| Is it mandatory to keep all of these records?
-Public notices of bidding opportunities,
-Bidding documents and addenda,
-Bid opening records,
-Bid evaluation reports,
-Formal appeals by bidders and outcomes,
-Final signed contract documents and addenda and amendments,
-Claims and dispute resolutions,
-Final payments,
-Disbursement data (as required by the country’s financial management system)Is it mandatory to keep all of these records? |
Yes. Overall it is mandatory to keep a tender report documenting the overall process of a completed tender. A procuring entity must document the progress of all procurement and store sufficient evidence to justify the decisions taken at all stages of the procurement procedure. The documentation must be kept for the entire duration of the contract, but for at least 3 years from the time the contract is awarded. It is also mandatory to keep a bid evaluation report.
(Public Procurement Act of 2015, as amended in 2019, § 174
Evaluation report: Judgement of The Danish Complaint Board for Public Procurement of 12 February 2007 - Dansk Hřreteknik A/S mod Křbenhavns Kommune. ) |
| Are contracts awarded within a framework agreement published (ie mini contracts)? |
No. There is no obligation to publish individual contract notices for each contract awarded under a framework agreement. It is optional.
(Public Procurement Act of 2015, as amended in 2019, § 129 (3)
Executive Order No. 1624 of 2015 (as of 2020), § 12) |
| Is it mandatory to publish information on subcontractors (ie names) in some cases? |
No. There is no general duty to publish information on subcontractors in all contracts covered by the Public Procurement Act of 2015. In the tender material, a contracting authority may require a tenderer to state in his tender which parts of the tendered contract the tenderer intends to subcontract to third parties and which subcontractors the tenderer proposes. In connection with the award of works contracts and service contracts, the contracting authority shall insert a contract clause which obliges the supplier to provide the name, contact details and legal representative of the subcontractors used in the performance of the contract. The information must be submitted at the latest when the performance of the contract begins, if known at that time. In the case of supply contracts, the contracting authority may require the supplier to provide the name and contact details of and the legal representative of the subcontractors used in the performance of the contract. Furthermore, the contracting authority may require information regarding subcontractors further down the subcontractor chain, and may require tenderers and candidates to declare in the application or tender that subcontractors are not covered by one of the situations which entails exclusion in accordance with §§ 135-137.
(Public Procurement Act of 2015, as amended in 2019, §§ 155 (11) and 177 (1) (2)
Executive Order No. 1624 of 2015 (as of 2020), § 10
Executive Order No. 892 of 2011 (as of 2020), §§ 3, 4, 5, 6, 7 and 8) |
| If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)?
For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)?
|
General.
(Public Procurement Act of 2015, as amended in 2019, §§ 155 (11) and 177 (1) (2)
Executive Order No. 1624 of 2015 (as of 2020), § 10
Executive Order No. 892 of 2011 (as of 2020), §§ 3, 4, 5, 6, 7 and 8) |
| Is there a ban on mentioning specific companies or brands in tender specification/call for tender? |
Yes. In the technical specifications, a contracting authority may not: 1. indicate a specific make, origin or manufacturing process that characterizes the products or services provided by a particular economic operator; or 2. refer to a particular trademark or patent or a particular type, origin or production with the result that certain economic operators or goods are favored or eliminated. However, a contracting authority may in exceptional circumstances use such references when a sufficiently accurate and comprehensible description of the subject matter of the contract is not possible in accordance with § 41, para. Such reference shall be followed by the wording or equivalent.
(Public Procurement Act of 2015, as amended in 2019, § 42
Directive 2014/25/EU, as amended in 2019, Art. 60 (4)
Executive Order No. 892 of 2011 (as of 2020), § 18 (8)) |
| Is there a preferential treatment for small-to-medium enterprises (SMEs)? |
No. The Public Procurement Act does not specify any preferential treatment for SMEs. However, for general procurement and utilities, where a contracting authority does not divide a contract into lots, they shall state the grounds hereof in the tender documents. They may also make requirements in regard to the turnover of candidates or bidders but may not require that the minimum annual turnover of a candidate or bidder is higher than twice the estimated contract value, except in cases when the works, services or supplies are subject to special risks. The contracting authority shall provide grounds for such a requirement in the tender documents. In the defence sector, in order to encourage the involvement of SMEs in the public contracts procurement market, contracting authorities are advised to include provisions on subcontracting.
(Public Procurement Act of 2015, as amended in 2019, §§ 49 (2) and 142 (2) ) |
| Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) |
No. A contracting authority may not give economic actors and services from Denmark less favorable treatment than economic actors and services from abroad. They may also not provide economic operators and services from countries which are members of the EU/EEA with less favorable treatment than economic operators and services from Denmark. The prohibition on less favorable treatment applies to economic operators and services from other countries to the extent that this follows from international obligations incumbent on Denmark or the EU.
(Public Procurement Act of 2015, as amended in 2019, § 3
Directive 2014/25/EU, as amended in 2019, Art. 93 (Executive Order No. 1624 of 2015)
Directive 2009/81/EC (as of 2020), Art. 4 (Executive Order No. 892 of 2011)) |
| Is there a specific set of rules for green/sustainable procurement? |
Yes. General procurement: Contracting authorities can exclude tenderers on the basis of a breach of environmental obligations. As an award criteria contracting authorities can award the contract on basis of an LCC on effects on the environment; General, utilities and defence sector procurement: Contracting authorities can oblige suppliers to comply with certain environmental management standards. During the performance of the contract contracting authorities can make it a contractual obligation that suppliers comply with environmental legislation etc.
(Public Procurement Act of 2015, as amended in 2019, §§ 137 (1), 157, 166 (2), 168 and 176
Directive 2014/25/EU, as amended in 2019, Art. 81 (Executive Order No. 1624 of 2015)
Directive 2009/81/EC (as of 2020), Arts. 24 and 44 (Executive Order No. 892 of 2011)) |
| Are there restrictions on allowable grounds for tenderer exclusion? |
Yes. A contracting authority can only exclude on the basis of the grounds set out in the Public Procurement Act. Mandatory grounds for bidder exclusion include if the bidder was convicted by a final decision/judgement or has incurred in the penalty of fine for: 1. acts committed within the framework of a criminal organization; 2. corruption; 3. fraud; 4. terrorists acts or criminal offences related to terrorist activity; 5. money laundering or terrorist financing; 6. child labor and other forms of human trafficking. Unpaid debts of contributions to social security schemes, the existance of conflict of interests or of distortion of competition, as well as provision of grossly incorrect information by the bidder also constitute mandatory grounds for exclusion.
(Public Procurement Act of 2015, as amended in 2019, §§ 135, 136 and 137
Judgment of the Court of 17 November 1993 - Commission of the European Communities v Kingdom of Spain
Executive Order No. 1624 of 2015 (as of 2020), § 10 (1)
Executive Order No. 892 of 2011 (as of 2020), § 9 (Directive 2009/81/EC, Art. 39 (1))) |
| Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. |
No. If a tender is abnormally low, the contracting authority shall request the bidder to account for the prices and costs included in the tender within an appropriate time limit (therefore, no automatic exclusion). It may only reject a tender as abnormally low when the price or cost level offered cannot be justified on the basis of the bidder's statement. The statement may relate to: 1) savings in connection with the production method for the goods or services or the construction method; 2) the technical solutions used or the bidder's exceptionally favorable conditions for supplying the goods or services or for carrying out the work; 3) the originality of the works, goods or services offered by the bidder; or 4) any state aid to the bidder. If the tender is abnormally low because the bidder or their subcontractor has failed to fulfill existing environmental, social and labor obligations (under EU or national law), the contracting authority must reject the offer. It must also reject the offer as abnormally low on the grounds that the bidder has obtained state aid and has not, within a reasonable time, demonstrated that the aid is compatible with the internal market (Art. 107 TFEU). If the contracting authority rejects an offer due to state aid, the contracting authority must notify the Danish Competition and Consumer Authority, which then notifies the European Commission.
(Public Procurement Act of 2015, as amended in 2019, § 169) |
| Is scoring criteria published? |
Yes. General procurement and utilities: Yes. A contracting authority shall state the award criteria, describe the evaluation method and describe the elements of importance in the evaluation of the tender in the procurement documents. A method of evaluation described in the procurement documents may not be disregarded by boards of appeals and courts provided it is transparent and observes the principle of equal treatment.
Defence: Scoring criteria is published, but there is no obligation to publish evaluation method, cf. ECJ C-6/15 TNS Dimarso NV mod Vlaams Gewest.
(Public Procurement Act of 2015, as amended in 2019, § 160
Executive Order No. 1624 of 2015 (as of 2020), § 14
Directive 2009/81/EC (as of 2020), Art. 47 (Executive Order No. 892 of 2011)) |
| Are decisions always made by a committee? |
No. Only in the modality "project competition" a judging committee is required.
( Public Procurement Act of 2015, as amended in 2019, §§ 89, 90, 91 and 92) |
| Are there regulations on evaluation committee composition to prevent conflict of interest? |
Yes. While the Law does not speak of a "committee", there are regulations against conflict of interests in place. The contracting authority shall take appropriate measures to identify, prevent and remedy conflicts of interest in connection with the implementation of a tender. Conflict of interests are understood as situations where a person at the contracting authority or acting on its behalf, who is involved in the implementation of the procurement procedure or that may affect the outcome of the proceeding, have a direct or indirect financial, economic or other personal interest which may be presumed to jeopardize the impartiality and independence of the person concerned in connection with the tender procedure. Conflicts of interest may also arise where an economic operator has conflicting interests which may adversely affect the performance of the contract.
(Public Procurement Act of 2015, as amended in 2019, §§ 4, 24 (18) and 136 (1)) |
| Is some part of evaluation committee mandatorily independent of contracting authority? |
No.
( ) |
| Are scoring results publicly available? |
No.
( ) |
| Does the law specify under which conditions the tender can be cancelled? |
No. There are no specific sections governing the conditions under which a tender can be cancelled. However, certain sections do regulate the contracting authority's behaviour if a tender is cancelled. The contracting authority can only cancel a tender if the cancellation is fair and in accordance with the principles set out in Section 2. A contracting authority shall as soon as possible and at the same time notify all affected applicants and bidders in writing of its decision to cancel a tender, as well as state the reasons for doing so. Also, the Public Procurement Act of 2015 stipulates the conditions under which the contracting authority can revoke an award decision.
(Public Procurement Act of 2015, as amended in 2019, §§ 171 (1) 5. (6), 170 and 192
Practice of The Danish Board of Complaints and the EU Court of Justice.) |
| Does the law specify the location for publicizing open calls for tenders? |
Yes. A contracting authority shall use contract notices for invitations to submit tenders in connection with all procedures except negotiated procedures without prior publication. The contract notice shall be prepared on the standard forms of the European Commission, sent to the Publications Office of the European Union electronically and published in accordance with Annex VIII to Directive 2014/24/EU. All Danish tenders and call for bids are published on www.udbud.dk.
(Public Procurement Act of 2015, as amended in 2019, § 128) |
| Does the law specify the location for publicizing restricted calls for tenders? |
Yes. A contracting authority shall use contract notices for invitations to submit tenders in connection with all procedures except negotiated procedures without prior publication. The contract notice shall be prepared on the standard forms of the European Commission, sent to the Publications Office of the European Union electronically and published in accordance with Annex VIII to Directive 2014/24/EU. All Danish tenders and call for bids are published on www.udbud.dk.
(Public Procurement Act of 2015, as amended in 2019, § 128) |
| Does the law specify the location for publicizing negotiated calls for tenders? |
Yes. A contracting authority shall use contract notices for invitations to submit tenders in connection with all procedures except negotiated procedures without prior publication. The contract notice shall be prepared on the standard forms of the European Commission, sent to the Publications Office of the European Union electronically and published in accordance with Annex VIII to Directive 2014/24/EU. All Danish tenders and call for bids are published on www.udbud.dk.
(Public Procurement Act of 2015, as amended in 2019, § 128) |
| What is the minimum number of bidders for restricted procedures? |
General. The contracting authority shall select minimum five candidates which will be invited to submit tenders. Where the number of candidates is lower than five, the contracting authority may invite one or more candidates which fulfil the fixed minimum requirements for suitability. In the defence sector, 3 is the minimum.
(Public Procurement Act of 2015, as amended in 2019, § 59 (4)
Directive 2009/81/EC (as of 2020), Art. 38 (3)) |
| What is the minimum number of bidders for negotiated procedures? |
General. The contracting authority shall select minimum three candidates which will be invited to submit tenders. Where the contracting authority receives less
than three requests for participation, it may invite one or more candidates which fulfil the fixed minimum requirements for suitability. In the defence sector, 3 is the minimum.
(Public Procurement Act of 2015, as amended in 2019, § 64
Directive 2009/81/EC (as of 2020), Art. 38 (3)) |
| What is the minimum number of bidders for competitive dialogue procedures? |
General. The contracting authority shall select minimum three candidates which will be invited to submit tenders. Where the contracting authority receives less
than three requests for participation, it may invite one or more candidates which fulfil the fixed minimum requirements for suitability. In the defence sector, 3 is the minimum.
(Public Procurement Act of 2015, as amended in 2019, § 69
Directive 2009/81/EC (as of 2020), Art. 38 (3)) |
| What are the minimum number of days for open procedures? |
General. The time limit shall be minimum 35 days from the day after dispatch of the tender notice. However, in cases where the contracting authority has used a prior information notice, the minimum time limit shall be 15 days.
(Public Procurement Act of 2015, as amended in 2019, § 57) |
| What are the minimum number of days for restricted procedures? |
General. General and utilities procurement: the time limit shall be minimum 30 days from the day following dispatch of the invitation to tender. In cases where the contracting authority has used a prior information notice, this time limit can be shortened to 10 days. In the defence sector, the minimum time limit for receipt of requests to participate shall be 37 days from the date on which the contract notice is sent. The minimum time limit for the receipt of tenders shall be 40 days from the date on which the invitation is sent.
(Public Procurement Act of 2015, as amended in 2019, § 60
Directive 2009/81/EC (as of 2020), Art. 33 (2)) |
| What are the minimum number of days for competitive negotiated procedures? |
General. General and utilities procurement: the time limit shall be minimum 30 days from the day after dispatch of the tender notice. In the defence sector, the minimum time limit for receipt of requests to participate shall be 37 days from the date on which the contract notice is sent. Contracting authorities must establish adequate time limit for the receipt of tender.
(Public Procurement Act of 2015, as amended in 2019, §§ 63 (2) and 68 (5)
Directive 2009/81/EC (as of 2020), Art. 33 (2)) |
| Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? |
Yes. The following are excluded from applying the Public Procurement Act: 1. Public contracts between entities within the public sector; 2. Contracts awarded on the basis of an exclusive right; 3. Contracts, etc. relating to utilities; 4. Contracts, etc. relating to electronic communication; 5. Contracts, etc. organised pursuant to international rules; 6. Some specific service contracts; 7. Services related to research and development; and 8. Defence and security.
Defence: The following are excluded from applying Directive 2009/81/EC: 1. contracts for which the application would oblige a Member State to supply information the disclosure of which it considers contrary to the essential interests of its security; 2. contracts for the purpose of intelligence activities; 3. R&D cooperative programmes between member states; 4. contracts awarded in third countries by deployed forces; 5. service contracts for the acquisition or rental of land, existing building or other immovable property or concerning rights in respect thereof; 6. Government-to-Government contracts; 7. Arbitration and conciliation services; 8. Financial services, with the exception of insurance services; 9. Employment contracts; and 10. Research and development services other than those where the benefits accrue exclusively to the contracting authority/entity for its use in the conduct of its own affairs, on condition that the service provided is wholly remunerated by the contracting authority/entity.
(Public Procurement Act of 2015, as amended in 2019, §§ 12-23
Directive 2009/81/EC (as of 2020), Art. 13) |
| Does the law specify the main types of institutions that must apply the public procurement law? |
Yes. The Act is applicable to contracting authorities. The term is defined as: State, regional or local authorities, bodies governed by public law and associations of one or more of those authorities or of one or more of such bodies governed by public law.
(Public Procurement Act of 2015, as amended in 2019, § 24 (28)
Directive 2014/25/EU, as amended in 2019, Art. 3 (1)
Directive 2009/81/EC (as of 2020), Art. 1 (17)) |
| Does the law specify the main procedure types or procurement methods permitted? |
Yes. Tenders must be conducted in accordance with one of the following procedures: 1. public/open tender, cf. sections 56 and 57; 2. restricted tender, cf. sections 58-60; 3. tender with negotiation, cf. §§ 61-66; 4. competitive dialogue, cf. §§ 67-72, 5. innovation partnerships, cf. §§ 73-79; 6. tender with negotiation without prior notice, cf. sections 80-83; or 7. project competitions, cf. §§ 84-92.
(Public Procurement Act of 2015, as amended in 2019, § 55) |
| Is there a procurement arbitration court dedicated to public procurement cases? |
Yes. "Arbitration court" in the case is defined as the Complaints Board for Public Procurement - an independent administrative board of professional judges set up for hearing and settling procurement disputes. Board decisions can be challenged before the civil courts. The Board consists of a chairman and a number of deputy chairmen (the chairmanship) as well as a number of expert members. The chairmanship and the expert members are appointed by the Minister of Business and Growth for a period of up to 4 years. The presidency consists of city court and county judges. The Board's expert members are appointed from among persons who have knowledge of e.g. construction, public procurement, transport, utilities or legal expertise.
(Executive Order No. 593 of 2016 (as of 2020), § 9) |
| Is there a procurement regulatory body dedicated to public procurement? |
Yes. The Danish Competition and Consumer Authority (http://www.en.kfst.dk/)
( ) |
| Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? |
No.
( ) |
| Is disclosure of final, beneficial owners required for placing a bid? |
No. The disclosure of a bidder's legal form is required for placing bids and information regarding e.g. board members are required to ensure the grounds of exclusion. Information about ownership is not required, but information about management, board of directors and board members is required.
(Public Procurement Act of 2015, as amended in 2019, § 135 ) |
| Is there a fee for arbitration procedure? |
Yes. The Minister of Business and Growth shall lay down detailed rules on the Complaints Board for Tender Activities, including on the processing of cases, on the fee for submitting a complaint, on the distribution of legal costs and on the publication of decisions. The fee is DKK 10,000, according to Executive Order No. 887 of 2011 on the Appeals Board for Public Procurement.
(Executive Order No. 593 of 2016 (as of 2020), § 11
Executive Order No. 887 of 2011 (as of 2020), §§ 5 (3) (4)) |
| Is there a ban on contract signature until arbitration court decision (first instance court)? |
No. If a stay of proceeding is granted by the Board, the contracting authority is banned from contract signature. In cases where the complaint was submitted during the standstill period (10 days after giving notice of the award or 15 days after dispatch of notification), a stay of proceeding (i.e. suspension of the tender) is automatically claimed for 30 days, period during which the Board must notify the contracting authority of its decision on suspension. In cases where the complaint was not submitted during the standstill period, the complainant shall also state if a stay of proceeding is claimed. If the Board does not rule in favour of the claimant (on the subject of a stay of proceeding), and the claimant wishes to continue the trial (i.e. in a situation where multiple claims have been made) there is not a ban on contract signature. Section 185 (2) of the Public Procurement Act further stipulates that, after an award decision has been annulled by final decision or judgement, the contracting authority should cancel the corresponding contract and provide adequate notice of such cancelling, unless special conditions exist which warrant the continuation of the contract.
(Executive Order No. 593 of 2016 (as of 2020), §§ 3, 6 (4) and 12
Public Procurement Act of 2015, as amended in 2019, § 185 (2)) |
| What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? |
N/S. There is no maximum. The Board's processing varies according to the procurement in questions (matters of complexity and scope). In 2015 the average processing time was 4 months.
( ) |
| Is there a requirement to publicly release arbitration court decisions ? |
Yes. The Board publicly discloses all its decisions on the following website: https://klfu.naevneneshus.dk/
(Executive Order No. 887 of 2011 (as of 2020), § 11 ) |
Denmark
41(66) Political Financing 
9(53) Financial Disclosure 
6(37) Conflict of Interest 
46(59) Freedom of Information 
55(62) Public Procurement