The Danish procurement law adopted - enters into force on 1 January 2016

The Danish Parliament has adopted the legislative proposal to the new Danish Procurement Law. Tender processes starting from January 2016 must comply with the new procurement law.

The Danish Procurement Law entails a number of changes to the processes for public procurement. The most significant changes and new initiatives include:

  • New rules and procedures for the award of public supply and service contracts below the thresholds. This will be regulated in a separate section of the new procurement law, and the existing national regulation will be repealed.
  • New "light regime" for the majority of the services in annex IIB of directive 2004/18/EC (the old procurement directive). In the new regime, the contracting authority sets the terms and criteria for the procurement process more freely.
  • Extended options to use the flexible procurement processes "competitive dialogue" and the "negotiated procedures". As an example, the procedures can be used, when the requirements of the contracting authority cannot be met without adjustments to existing solutions.
  • An introduction of a new procurement process "innovation partnerships". The process can be applied, when the contracting authority would like to develop and purchase goods, services or works, which are not currently available on the market.
  • New contract award criteria. The overriding concept will be the "most economically advantageous tender" with the award criteria "price", "costs" or "best price-quality ratio".
  • The contracting authority will be obligated to publish the procurement specifications, contract documents and method for the evaluation much sooner - at the same time as the procurement notice is published.
  • Mandatory use of the new "European Single Procurement Document" as initial documentation.

Other changes include new deadline requirements, new rules on exclusion and contract changes. The reasoning behind the many new features is generally to bring more clarity and flexibility into the procurement process, both for the tenderers and for the contracting authorities.

The first procurement specifications are already in the making and the Danish Competition and Consumer Authority is expected to publish a guidance paper in the near future.

contacts

Andreas Christensen

Partner

Marie Løvbjerg

Attorney