PUBLIC PROCUREMENT - Lexnet

The tender dossier is, in practice, compiled so that it constitutes a barrier of discrimination for
foreign companies.
Negotiations are indeed taking place, even though the tendering procedure does not allow negotiations.
In practice, the announced awarding criteria are not applied.
Important information does not reach certain companies.
The cost of bidding etc. is too high.
Late or non- payment for delivered products and services.
Language problems.
The Danish Competition Authority believes that these obstacles can be reduced or eliminated,
mainly through concerted actions at a European level. In short, the recommendations are:
4. Recommendation: Implementation and compliance with rules.
It is recommended to increase the focus on implementation and compliance with procurement
directives in all Member States, as well as strengthening and establishing national complaint
boards and monitoring bodies in all Member States.
5. Recommendation: Influence on the revision of the rules.
It is recommended to intensify the scope on simplifications of the public procurement directives,
for instance through the Commission’s proposals of introducing a new and simpler tendering procedure.
Danish experiences with complaints over presumed legal breaches
The report concludes that Danish companies most often encounter problems with breaches on the
procurement directives in Germany, France and Italy. However, it has to be taken into account
that Germany is also the most important procurement market. On the other hand, countries such
as Sweden, Norway and Holland, that are also important procurement markets, do not appear on
the list of countries where Danish companies meet problems.
The analysis shows that the businesses are reluctant to complain when they meet breaches of the
procurement directives. Only three out of ten companies have either actually complained or have
considered making a complaint. There is a tendency towards the fact that smaller companies
complain more than larger companies.
On the basis of the results, the recommendations are, in short:
6. Recommendation: Increased used of the Danish Competition Authority’s assistance.
It is recommended that that the companies, to a greater extent, become aware of the possibilities
of the Competition Authority to investigate a complaint for the companies. The information to
businesses shall in particular deal with ”best practice” cases in a way that the businesses become
convinced the that it can be beneficial to complain.
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