Præcise oplysninger om fristerne for gennemgangsprocedurer
Pursuant to Section 3 of the Danish Consolidation Act No. 593 of 2 June 2016 on the complaints board for public procurement (available at
www.retsinformation.dk ), the following time limits for filing a complaint apply:
Complaints regarding a candidate not being pre-qualified must be filed with the complaints board for public procurement within 20 calendar days starting the day after the contracting authority has sent notification to the candidates involved, cf. § 7(1) of the Act on the complaints board for public procurement, provided that the notification includes a short account of the relevant reasons for the decision.
Complaints regarding public procurements and decisions subject to Chapter II or III of the Public Procurement Act, which does not concern a candidate not being invited to tender, must in accordance with § 7(2) of the Act on the complaints board for public procurement be filed with the complaints board for public procurement within:
1) 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union (with effect from the day following the publication date);
2) 30 calendar days starting the day after the contracting authority has informed the tenderers in question, that the contracting authority has entered into a contract based on a framework agreement through reopening of competition or a dynamic purchasing system, provided that the notification includes a short account of the relevant reasons for the decision;
3) 6 months starting the day after the contracting authority has sent notification to the candidates/tenderers involved that the contracting authority has entered into the framework agreement, cf. § 2(2) or § 171(4) of the public procurement Act, provided that the notification included a short account of the relevant reasons for the decision;
4) 20 calendar days starting the day after the contracting authority has published a notice concerning his decision to uphold the contract, cf. § 185(2) of the Public Procurement Act.
The complainant must inform the contracting authority of the complaint in writing at the latest simultaneously with the lodge of the complaint to the complaints board for public procurement stating whether the complaint has been lodged in the stand-still period, cf. § 6(4) of the Act on the complaints board for public procurement. If the complaint has not been lodged in the stand-still period, the complainant must also state whether it is requested that the appeal is granted delaying effect, cf. § 12(1) of the said Act.
The e-mail of the complaints board for public procurement is stated in section VI.4.1.