ASSESSMENT OF PROCUREMENT OBLIGATION
A contract must be put out for tender if:
- The purchaser is a contracting authority; and
- The goods, services or the building and construction assignment is covered by the public procurement directives or the Danish Public Tenders Act; and
- The threshold values have been exceeded
The procurement rules define a contracting authority as a state, regional or local authority, a body governed by public law, or an association consisting of one or more of the authorities or bodies.
The concept of “bodies governed by public law” often gives rise to some confusion. However, Kromann Reumert’s Procurement Group regularly provides advice to potential contracting authorities to help determine whether they are subject to the procurement rules or not.
The type of services involved is relevant for an assessment of which threshold value to apply under the rules, and importantly, certain services are explicitly exempted from the procurement rules. We ensure you have a clear understanding of whether and how your project is subject to procurement rules.
In order to determine whether the threshold values have been complied with, the value of the contract has to be calculated. But deciding which elements to include in that calculation can be a complex process. The Procurement Group has extensive experience in value calculations and will carefully guide you through the rules.