Public procurement

The procurement rules include the public procurement directives under Community law and the Danish Act on Call for Tenders for Certain Public and Publicly Supported Contracts that apply to building and civil engineering works below the threshold limits and – from 1 July 2007 – to purchases of goods and services if the value exceeds DKK 500,000.

Reform of the Danish local authorities and the procurement rules

The reform of the Danish local authorities will have significant influence on the application of the procurement rules as in general the now larger public bodies will entail that the number of contracts exceeding the threshold limits in the directives will increase. The general duty to call for tenders that has been introduced with effect from 1 July 2007 will also increase the number of calls for tenders.

Since the notorious case involving the Great Belt, the procurement rules have received a lot of attention in Denmark. The focus on the procurement rules in Denmark has intensified during recent years which has led to quite a large number of cases involving complaints to the Danish Public Contracts Appeals Board.

Our advice within public procurement

Plesner regularly advises both contracting entities and suppliers. The contracting entities are assisted at all stages; from the publication of the first announcement and the drafting of the tender documents to the assessment and choice of supplier. The suppliers are generally assisted with a review of the tender documents to ensure that the documents can provide the basis for a fair tender. They are also assisted in connection with the drafting of tenders to ensure that the tenders comply with the tender conditions as well as complaints of violation of the procurement rules. Plesner has won several cases before the Danish Public Contracts Appeals Board and the courts and Plesner has recently instructed De Danske Regioner (an interest organisation for the five Danish regions) in the procurement rules and in that connection Plesner prepared a manual on the procurement rules to be used for the purpose of calls for tenders regarding remediation of contaminated soil.