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

1. Background – How do we do now?
1.1 History
In Denmark it has been a tradition for many years that the tendering process was a competitive bidding
where the only criterion for the selection of the winner was price. From 1967 until 2001 a Competitive
Tendering Act existed where you had to use price as criterion; but in 2001 a new Tendering Act
(Tendering Act, 2001) came into force in Denmark where you suddenly could more easily use other
criteria than price. However from 1993 the European Union started making rules for the tendering process,
which means that now is European as well as Danish legislation exist for the process (Fabricius, 2006).
According to both the Danish and the European legislation it is now allowed to use all criteria in tendering
as long as they are measurable and unambiguous.
When the European Union started making rules about tendering, the Danish Parliament established The
Danish Board of Complaints on Tendering to take care of potential cases in Denmark.
1.2 Now
Until the late 1990s the Court of the European Union had only a few cases, but since then the number of
cases has increased (Nielsen, 2005). In Denmark the trend is the same (Klagenaevnet for Udbud, 2008).
At the same time it has become more and more usual that clients combine other assignment criteria
together with price.
2. Research question and methodology
The purpose of this paper is to answer the following questions: How many court decisions has The Danish
Board of Complaints on Tendering taken? What topics are included in the cases from The Danish Board
of Complaints on Tendering? What topics are most frequently brought before the court? Afterwards a
discussion will be presented on: Why has the number of cases increased in Denmark?
The answers will be based on statistics available from The Danish Board of Complaints on Tendering and
on reports from Danish authorities and institutions. Very few scientific papers and articles have emerged
on the subject, especially regarding the Danish Building Sector.
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