Act on the Complaints Board for Public Procurement (No. 492 of 2010).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Danish Act on the Complaints Board for Public Procurement (formerly titled "Act on the Enforcement of Public Procurement Rules"), establishes the legal framework for handling complaints related to public procurement and utility contracting procedures. It outlines the authority of the Complaints Board (Klagenævnet for Udbud), which deals with violations of procurement laws, EU rules on public contracts, and economic sanctions concerning third countries. The Act applies primarily to contracting authorities and suppliers involved in procurement under Danish and EU law. It mandates procedures like notifying tender participants of decisions and enforcing a mandatory standstill period before contracts are signed to allow time for appeals. Certain exceptions to these procedures are specified, such as in cases of direct awards or dynamic purchasing systems.
The Act further defines who can file complaints (e.g. bidders, the Competition and Consumer Authority, and designated organizations), and the timeline for doing so. It lays out the composition and functioning of the Complaints Board, which includes a chairperson, deputy chairs, and technical experts appointed for four-year terms. The Board has powers to annul illegal procurement decisions, suspend processes, impose fines or alternative sanctions, and award compensation. Contracts entered into in violation of the rules may be declared void. The Act also provides enforcement mechanisms, including penalties, fines, and administrative coercion, and grants the Minister powers to regulate digital communications and enforce EU sanctions in the procurement field.
The Act further defines who can file complaints (e.g. bidders, the Competition and Consumer Authority, and designated organizations), and the timeline for doing so. It lays out the composition and functioning of the Complaints Board, which includes a chairperson, deputy chairs, and technical experts appointed for four-year terms. The Board has powers to annul illegal procurement decisions, suspend processes, impose fines or alternative sanctions, and award compensation. Contracts entered into in violation of the rules may be declared void. The Act also provides enforcement mechanisms, including penalties, fines, and administrative coercion, and grants the Minister powers to regulate digital communications and enforce EU sanctions in the procurement field.
Attached files
Web site
Notes
The attached updated version is Consolidated Act No. 448 on the Complaints Board for Public Procurement.This Act does not apply to the Faroe Islands and Greenland.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
Lov om Klagenævnet for Udbud (LOV nr 492 af 12/05/2010).
Implements