PUBLIC PROCUREMENT - Lexnet

Konkurrencestyrelsen - Executive Summary https://www.ks.dk/publikationer/udbud/1997/rgudland/003/?print=1
There is a need for a dialogue with public procurement agencies to make them feel more comfortable and less bureaucratic in
their application of the rules.
A number of success criteria for Danish companies on the European market for public procurement has been identified
through the survey. An important factor seems to be local presence (daughter company, representative office or an agent) in
the country where the tender takes place. Other important factors are good relations to the procurement agency and fine
references. Price is obviously also an important factor.
Amongst the problems often leading to failures for Danish companies are special authorisation rules, licensing rules, division of
tenders into smaller lots, and different labour market rules. Lack of harmonisation on standards and norms is still a problem,
as the European standardisation has not reached the level foreseen in the Single Market programme.
The report also recommends that smaller enterprises form alliances, including cross-border alliances, in order to respond to
tenders in other European countries and to increasingly complex tenders. A more intensive use of BC Net and European
Economic Interest Groups are recommended.
As a summary of the results the following points are established as recommendations for future action:
A clearer definition of 'tendering authorities' and other concepts should be established.
There needs to be a better control with the use of the accelerated procedure, deadlines and the quality of tendering
material. Better insight into the practices of other countries' competition authorities should be established.
Thresholds for public supplies of goods and services should be increased. There should be clearer rules for bidding and
negotiations.
More simplicity and transparency of the directives are requested by enterprises. Wording should be updated and be
more understandable.
There should be clearer and more standardised rules on information requested by tenders.
There should be more clear rules on payment principles applied by tendering authorities, including payment schedules.
It must be ensured that the principle of equal treatment is not interpreted in such a way that qualified bidders are
excluded from bidding.
Based on the above recommendations, it is suggested that the following actions should being taken by the national
competition authorities and the European Commission:
Access to information concerning tenders should be improved and there is a need for training and education of bidders and
tendering authorities. Improvements should be made in co-operation between enterprises, organisations and competition
authorities.
The dialogue amongst tendering authorities and bidders at national and European level on the implementation of the rules
should be amplified. In Denmark it is recommended that a permanent body with representation of business organisations,
tendering authorities, competition authorities and other relevant parties is established with the purpose of monitoring and
discussing the content and implantation of EU procurement rules.
Small and Medium Sized Enterprises with an interest in public procurement should use opportunities for co-operation and
partnerships with similar enterprises in other countries. The public sector, EU and trade and industry organisations should
contribute to this effort.
As an integrated part of a pilot project, the Danish competition authorities should develop co-operation with authorities in
other EU member states and establish a network of treatment of complaints at a low conflict level on the international basis.
This effort should be based on the very positive experiences made by the Danish competition authorities in Denmark.
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