Udvælgelses- dan og tildelingskriter ske byggesektor ... - RenProces

Many Cases in the Danish Building Sector do not Follow the
Tendering Rules of the EU Laws
L. Faber Ussing
Department of Production, Aalborg University, Fibigerstraede 16, 9220 Aalborg, Denmark
Email: lf@production.aau.dk
Abstract:
In the last 5 years the tendency has been that more and more tendering cases in Denmark end up in The
Danish Board of Complaints on Tendering (In Danish: Klagenaevnet for Udbud). Many cases are going to
arbitration because the parties in the tendering process do not know how to handle the process in a proper
way.
One of the problems when comparing the Danish Tendering Act to the European tendering legislation is
that almost every criterion can be used for the selection of the winner; that is, if the chosen criteria are
measurable and unambiguous. Years ago price was used nearly as the only criterion and this criterion was
easy to express in a measurable and unambiguous way. Now, when it is possible, the parties in the
building sector want to use criteria such as interpersonal and technical competencies, but it is difficult to
describe interpersonal and also technical competencies in an unambiguous way and this gives rise to
discussion after the tendering process has ended.
Another problem related to the laws and legislation is problems with the ability to distinguish between
selection and assignment criteria.
An examination has been made of the cases from The Danish Board of Complaints on Tendering from
2003 until now. I tried to find out what types of topics ended in cases brought before in The Danish Board
of Complaints on Tendering? What was the problems in the cases?
Key words: Selection and assignment, tendering laws, personal competencies, communication
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