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Public contracts - Denmark

Updated 09/2012

Legal requirements

EU directives on public tender are enacted by executive order in Danish law, namely:

  • The Utility Company Directive with executive order dansk
  • Procurement Directive with executive order dansk
  • Complaints Board for Public Procurement Act dansk

Types of public procurement

Threshold values for EU tenders

The threshold values for EU tenders are divided up into national contracts, county/municipal contracts and contracts concluded by utility companies. In addition, the threshold values are divided up depending on the nature of the service. The threshold values are given in Danish kroner and are valid for the period from 1 January 2008 to 31 December 2009.

  • Threshold values dansk
  • Guidelines from the Danish Competition and Consumer Authority on calculating the threshold values dansk

Tender procedures

Ordering authorities may use one of the following procedures in a public tender under the Procurement Directive:

  • Open procedures
  • Restricted procedures
  • Competitive dialogue
  • Tender with negotiations with or without an advance tender notice
  • Dynamic purchasing systems or
  • Design contests

The ordering authorities must assess which procedure may be used for the contract in question, and which procedure best meets the authority's specific needs.

  • The Danish Competition and Consumer Authority guide to the Procurement Directives dansk

Types of public contract

The procurement rules basically apply to all kinds of purchases of goods, services or construction work.

  • Public contracts covered by the procurement rules dansk

Some contracts are not covered by the procurement rules.

  • Contracts not covered by the procurement rules dansk

The value of the contract in question is decisive. Contracts above the EU threshold values, must comply with the rules in the Directives.

Contracts below the EU threshold values, on the other hand, are covered by the Danish Tenders Act.  According to this Act, contracts for construction work comply with the rules for the open/restricted procedures, and purchases of goods and services must be advertised if the value of the contract is DKK 500 000 or more.

National public procurement authorities

The Danish Competition and Consumer Authority and the Danish Business Authority regularly provide information on current and future legislation relating to competition and procurement.

  • The Danish Competition and Consumer Authority dansk
  • The Danish Business Authority dansk
 

Administrative procedures

Publishing invitations to tender

The Danish Business Authority has a special tender portal with a step-by-step guide on how to prepare, submit and carry out tenders for public projects.

  • Step-by-step guide to bidding for running public projects (esp. municipal ones) dansk
  • Selection criteria dansk
  • Award criteria dansk

The TED database, which is the EU's official journal for tenders, provides online access to all Executive Orders on European public procurement published in the Official Journal.

Resources

Information on the procurement rules can also be found on the Danish Competition and Consumer Authority website:

  • The Danish Competition and Consumer Authority dansk

The SIMAP portal contains links to national public tender databases.

  • SIMAP dansk

Check also the legislation on this topic in:

  • References

    Legal texts

    • Utility Company Directive, Executive Order on procedures when entering into contracts within the water and energy supply, transport and postal services, Executive Order no. 936 of 16 September 2004. Danish Law Gazette A, 24-09-2004 dansk
    • Executive Order on the procedures for entering into contracts for public goods procurement, public service contracts and public building and construction contracts, Executive Order no. 937 of 16 September 2004. Danish Law Gazette A, 24-09-2004 dansk
    • Procurement Appeal Board, Act no 415 of 31/05/2000. Danish Law Gazette A, 2-06-2000 dansk

    Key documents

    • The Danish Competition and Consumer Authority guide to the Procurement Directives dansk
    • Guide to procurement dansk
    • Danish Competition Authority Guide to the Act on tendering procedures for work contracts below EU thresholds, 2005 dansk
    • The duty to advertise and what next dansk

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Further help

If you have any questions about the procurement rules, you should contact the Danish Competition and Consumer Authority procurement hotline.

  • The Danish Competition and Consumer Authority procurement hotline dansk