COMPLAINTs

- TO THE COMPLAINTS BOARD FOR PUBLIC PROCUREMENT – OR OTHER REVIEW

On the basis of the contracting entity’s explanation or the overall circumstances it may become apparent that the contracting entity’s decision to award the contract to another tenderer is contrary to the procurement rules. Unsuccessful tenderers can consider making a complaint to the Complaints Board for Public Procurement, contacting the Danish Competition Authority for review of the decision, or instituting formal legal proceedings.

The advantage of choosing to file a complaint with the Complaints Board for Public Procurement over instituting legal proceedings is that the time invested is considerably less than in the courts, and expenses usually lower. Furthermore, in certain circumstances it is possible for a complainant to be granted a stay of execution so that the contracting entity is prevented from entering into a contract with the winning tenderer. It should also be noted that a complaint to the Complaints Board for Public Procurement does not preclude the tenderer from instituting legal proceedings at a later stage. 

The Complaints Board for Public Procurement may set aside an unlawful decision, order the contracting entity to change the procurement to comply with the rules, and award damages to a tenderer who can prove a loss caused by non-compliance with the procurement rules.

A less formal option than filing a complaint with the Complaints Board is to request guidance from the Danish Competition Authority regarding the interpretation of the procurement rules. Such guidance is not binding, but in practice such statements are often followed by the contracting entities.

Our assistance

Kromann Reumert’s Procurement Group includes lawyers experienced in conducting cases before the Complaints Board for Public Procurement, and we can advise on whether there is a sound basis for a complaint, as well as the chances of success.