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

they were measurable and unambiguous. The Danes still used their own Competitive Tendering
Act and did not use the rules from The European Union in the right way. In the late 1990s when
the Storebaelt Bridge was built in Denmark a French company complained about the tendering
process. Denmark lost the case in The European Union and from that moment the Danish
players became aware of the rules. (Ussing, L.F., 2008)
That case was one of the reasons for the Danish Parliament to change the tendering rules to the
new Tendering Act (Tendering Act, 2001). The Tendering Act 2001 follows the rules from The
European Union which spell that you now nearly have to follow the same rules at all times in
Denmark, if you are a public client; private clients are still free to choose a tendering process of
their own choice. The present rules allow use of criteria such as lowest price but also the
economically most advantageous bid, which means all criteria can be chosen as long as they are
measurable and unambiguous.
1.2 Clients demand quality from the completely finished building
All over Europe the tendering process is going from using the only criterion, lowest price; to
using the criterion the economically most advantageous bid. That criterion can contain criteria
as quality, time, aesthetics, running cost, customer service and of course the lowest price.
(Nielsen R. and Treumer, S., 2005)
In this change the trend is that clients demand more and more quality from the completely
finished building (Ussing, L. Faber, 2008). Quality is more than one thing. Quality can be a
requirement for the construction materials, but also requirements for special personal skills for
individuals in the project team, the lowest completion time, the lowest running cost and
requirements for an efficient project organization.
When working with the criterion, the economically most advantageous bid, it also means that it
is more difficult to make the tendering process in a right way. From 1993 until the late 1990s
the Court of the European Union only had a few cases going on the tendering process, but since
then the number of cases has increased (Nielsen R. and Treumer, S., 2005), (Ussing, L.F.,
2008). This increase of cases coincide with the change of the tendering process, which indicates
that, it is difficult to make the tendering process in a right way compared to The European
Union’s rules for a tendering process.
2. Research question and methodology
The purpose of this paper is to show a practical case where a district heating plant, which in this
case is a private client, has handled the tendering process in a way where all concerned parties
are satisfied. Following, there will be a review of existing EU-directives and a proposal for a
way to use selection and assignment criteria which are easy to make measurable and
unambiguous.
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