Procurement rules

On January 1, 2016, a number of laws and regulations concerning public procurement entered into force. Here is an overview of the applicable procurement rules.

The Public Procurement Act

The Public Procurement Act implements the procurement directive and regulates public contracts above the threshold. The Public Procurement Act also regulates public contracts below the threshold.

The Public Procurement Act
The Public Procurement Act – English translation of the Public Procurement Act

Consolidation Act on electronic communications

Consolidation Act on the use of electronic communications in the procurement and advertising of public procurements under the thresholds with a clear cross-border interest.

Consolidation Act on electronic communications

The Tender Act

The Tender Act regulates the awarding of public works contracts below the threshold. Note that section 198 of the Public Procurement Act introduced a number of amendments to the Tender Act, among other things repealing paragraph II from January 1, 2016.

The Tender Act

The Act on the complaints board

The Act on the complaints board regulates the right of complaints regarding the awarding of public contracts. The Act makes it possible for complaints to be dealt with by the Danish complaints board.

Act on the complaints board

The utilities directive

This consolidation Act implements the utilities directive. The utilities directive regulates the procurement of water, energy, transport and postal services.

Consolidation Act on processes of procurement in the water, energy, transport and postal services

The concession directive

The consolidation Act implements the concession directive. The concessions directive regulates the awarding of concession contracts, i.e. contracts where a private operator gains the right to perform a particular task and to the earnings this may result in, for example the establishment of a bridge and the accompanying bridge tolls.

Consolidation Act on the awarding of concession contracts

Consolidation Act on the announcement of public procurements below the thresholds with clear cross-border interests and on the use of electronic means of communication in tenders in accordance with paragraphs II and III of the Public Procurement Act

The consolidation Act establishes that advertising of procurements below the thresholds with cross-border interests shall be advertised on Udbud.dk. In addition, the consolidation Act contains detailed provisions regarding public contracting entities’ option of receiving bids electronically.

Consolidation Act on public procurements below the thresholds with cross-border interest and on the use of electronic means of communication in tenders

The Defence and Safety Directive

A number of contracts in the defence and security area should not follow the Public Procurement Act, but rather be assessed according to the Defence and Security Directive.

Consolidation Act on contracting entities’ awarding of certain construction, supply and service contracts in the defence and security area

Correction of Annex following Croatia's entry into the EU

Consolidation Change Act due to Croatia’s entry into the EU