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Problem Solution – Domestic Cases http://simap.eu.int/DA/pub/src/d006.html
Pilot Project on Public Procurement
Administrative Co-operation on Problem Solution – a project involving Denmark, Germany,
Italy, The Netherlands, Spain and United Kingdom
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3th December 1998
Problem Solution – Domestic Cases
1. Introduction
As described in the note of 28 August 1998 on the Danish system of complaints in the
public procurement area, the Danish Competition Authority considers complaints regarding
concrete cases filed by tenderers and trade organisations.
This note has been prepared on the basis of eight concrete cases, cf the enclosed Appendix,
for an illustration of the aspects considered by the Danish Competition Authority.
2. Purpose
The purpose for consideration of these complaints by the Danish Competition Authority is
defined as ensuring the optimum adherence to the principles of public procurement
legislation at the earliest possible stage, ie compliance with the procurement rules and a
minimum of processing time. In this way problems will be solved before the contracting
entity concludes the contract and without instituting legal procedures.
3. The Time Factor
Statistics carried out in connection with the complaints filed with the Danish Competition
Authority show that most of the complaints concern procurement procedures in progress and
this trend is growing. The complaints fall into the following categories:
1. Complaints relating to tenders in progress
2. Complaints of completed tenders
3. Complaints relating to the contracting entity not having initiated a tender at all or
other matters
In 1996, 53 per cent of complaints put before the Danish Competition Authority concerned
tenders in progress. In 1997, the number of complaints had increased to 56 per cent, and the
complaints received in 1998 so far show that complaints regarding tenders in progress
constitute 76 per cent of all cases.
Of the eight cases described, four belong to category 1 and the rest fall in two equal-sized
categories. As stated in the note on the Danish system of complaints, there is much to be
gained from the early action taken by the Danish Competition Authority, typically, on the
same day or the day following the receipt of a complaint. The Authority immediately
approaches the contracting entity in order to obtain information regarding the matter and a
dialogue is thus established with the contracting entity very early in the process.
4. Reaction of the Contracting Entity
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