Præcise oplysninger om fristerne for gennemgangsprocedurer
Pursuant to Consolidated Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement as amended, the following time limits apply to the filing of requests for a review procedure:
Complaints about procurement procedures or decisions falling within Part II of the Danish Public Procurement Act which are not covered by subsection 1 of the Act, must, according to section 7, para 2 of the Act, be filed with the Danish Complaints Board for Public Procurement within:
(1) 45 calendar days of the contracting authority having published a notice in the Official Journal of the European Union to the effect that the contracting authority has entered into a contract. The time limit is calculated from the date after the date when the notice was published;
(2) 30 calendar days, calculated from the date after the date when the contracting authority notified the affected tenderers that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into, if the notification contained a statement of the reasons for the decision.
(3) six months of the contracting authority having entered into a framework agreement, counted from the date after the date when the contracting authority notified the affected tenderers, see section 2, para 2 of the Act, or section 171, para 4 of the Danish Public Procurement Act.
(4) 20 calendar days calculated from the date after the contracting authority has announced its decision, see section 185, para 2, second sentence, of the Danish Public Procurement Act.
If a contracting authority has complied with the procedure outlined in section 4 of the Act to ensure that a contract is not declared void, see section 7, para 3 of the Act, an application for a review of whether the contracting authority has entered into a contract in contravention of the Public Procurement Directive without prior publication of a contract notice in the Official Journal of the European Union must be filed with the Danish Complaints Board for Public Procurement within 30 calendar days calculated from the date after the date when the contracting authority has published a notice in the Official Journal of the European Union stating that the contracting authority has entered into a contract, provided that the notice contains the reasons for the contracting authority’s decision to award the contract without prior publication of a contract notice in the Official Journal of the European Union.
No later than on the date of the filing of an application for a review procedure with the Danish Complaints Board for Public Procurement, the applicant must notify the contracting authority in writing that an application for a review procedure has been filed with the Danish Complaints Board for Public Procurement, see section 6, para 4 of the Act. Furthermore, the contracting authority must be informed of whether the application for a review procedure has been filed in the stand-still period, see section 3, para 1 or 2 of the Act, or during the period of 10 calendar days laid down in section 4, para 1, point 2. In cases where the application for a review procedure has not been filed in the above-mentioned periods, the applicant must also state whether the applicant has applied for a stay pending the outcome of the review procedure, see section 12, para 1 of the Act.
The Danish Complaints Board for Public Procurement’s own review procedure guidelines are available on
www.klfu.dk.