Current knowledge of Brexit's implications on EU tenders in Denmark and the rest of EU.
Brexit, the withdrawal of UK from EU, will have an impact on the public procurement area of EU as it will withdraw UK from any and all EU rules, markets etc. Thereby, the UK will de facto be a third country, within the rules and regulations covering public procurement, hence EU tenders. Of course, Britain will in many ways try to diminish the distance between the EU and British legislation. However, Britain will need to reestablish connections with the EU first, and that will take both time and effort.
Have Consortium Agreements been affected by latest ruling of the Danish Supreme Court?
Udbudsportalen’s lawyers have assessed and evaluated the implications of the ruling by the Danish Supreme Court on 27 of November. The ruling regards the creation of a consortium by the companies VKF Vejmarkering (now GVCO) and Eurostar. However, the ruling does not relate directly to the Danish law on public procurement: Udbudsloven, rather it focuses on the aspect of EU tenders related to competition. Thus, the ruling does not alter the status quo within EU-tenders. But it does highlight the restrictions on consortiums that are put in place by Danish Authorities, to ensure a healthy competition.
On the 1st of July 2019, a change was introduced into the public procurement legislation: Udbudsloven, for EU tenders within building and construction. The change does, at first glance, not appear to have significant implications for either contracting parties or tenderer within building and construction.
Small companies increase their share of the public procurement market
Small companies have increased their share of winning bids on EU tenders in Denmark, reveals a new analysis created by the Danish Competition and Consumer Authority. The analysis reveals that during the period from 2015 to 2017 small companies increased their share of the EU tender market by 30 %. However, the 30 % increase can be misleading, as it disregards instances of multiple smaller companies.
Board of Complaints: Contracting party is under no obligation to provide a notification when encountering obvious flaws
A new ruling from the Board of Complaints for Public Procurement, finds the contracting party to be under no obligation to inform the bidding party about obvious flaws in the ESPD. The ruling regards an EU tender bid from the service sector, more precisely on an airport bus route in 2018.