As a publicly or publicly supported construction client, there are several rules that must be observed in connection with tendering for construction and civil engineering tasks.
A distinction is made between contracts with a total value of more or less than DKK 38,960,213 (2017) – called the threshold value.
Public tenders below this threshold value can be processed in accordance with the Danish Tender Act, while tenders above the threshold value are processed in accordance with the Public Procurement Act of January 1st 2016.
The rules regulate the tender process and set out several overall requirements for equal treatment, transparency, non-discrimination, and openness.
In addition, a comprehensive regulation of the specific tender that is required to be observed applies, as failure to observe this can lead to claims for compensation and claims that a completed tender must be repeated.
As a contractor that has been passed by, it may thus be of interest to obtain an assessment of whether the rules of the game have been followed in connection with a tender. If not, an appeal can be made to the Complaints Board for Tenders, under the Danish Business Authority.
However, several complaint deadlines are set here which must be met to have your complaint processed. The starting point is a deadline of 45 calendar days from the contracting authority’s publication of the conclusion of a contract in the Official Journal of the European Union. It can also be 45 calendar days from the contracting authority’s notification of its decision.
Let us advise you in relation to procurement law
We advise on contract law and tender rules according to both the Tender Act and the Public Procurement Act. This applies to both the contractor side and the client side. We are part of Advokatgruppen, who have been specialists in procurement law and advice on this since 1987.