DENMARK Law and Practice Contributed by: Thomas Maaberg Hansen and Peter Sand, Gorrissen Federspiel
Please refer to 1.2 Competent Authorities for more on the most important Danish governmental authorities. 2.3 Types of Contracts and Value Thresholds The Public Procurement Act applies to contracts for works, supplies or services; however, as stated in 2.1 Defence Procurement Legislation , the Executive Order on Defence and Security applies to contracts in the fields of defence and security for: • the supply of military equipment; • the supply of sensitive equipment; • works, supplies and services directly related to such equipment; and • works and services for specifically military purpos - es or sensitive works and sensitive services. The Public Procurement Act Generally, the standard minimum value thresholds apply: • works – DKK40,313,840 for state authorities and DKK40,313,840 for non-state authorities; • subcontracts (works) – DKK7.46 million for state authorities and DKK7.46 million for non-state authorities; • goods and services – DKK1,044,400 million for state authorities and DK1,611,360 for non-state authorities; • subcontracts (goods and services)‒ DKK596,800 for state authorities and DKK596,800 for non-state authorities; and • social and other specific services – DK5.595 million for state authorities and DKK5.595 million for non- state authorities. The Executive Order on Defence and Security The Executive Order on Defence and Security applies the same minimum value thresholds for contracts related to works and subcontracts for works and goods and services but applies special thresholds for supply and service contracts. As of 2026, the thresh - old is DKK3,222,720. 2.4 Restricted and Classified Procurement Contracts and design contests can be exempted from regulation to the extent that the protection of the essential security interests cannot be guaranteed
by less intrusive measures, or where the procurement and performance of the public contract are declared to be secret or must be accompanied by special security measures, provided that the essential interests cannot be guaranteed by less intrusive measures. Please also refer to 2.9 Evaluation Criteria and Award of Defence Contracts regarding security of informa - tion and other non-price factors. 2.5 Tender Procedures for Defence Contracts The Public Procurement Act The following procedures are available for the award of contracts under the Public Procurement Act: • open procedure where all companies can submit a tender; • restricted procedure that requires prior pre-qualifi - cation; • negotiated with prior publication of a contract notice; • competitive dialogue; • innovation partnership; • negotiated without publication of a contract notice (direct award); and • design contest. Whereas the open and restricted procedures are always available, further conditions apply to the use of the other procurement procedures. Please refer to 2.4 Restricted and Classified Procure - ment regarding exemptions. The Executive Order on Defence and Security The following tender procedures are available under the Executive Order on Defence and Security: • restricted procedure that requires prior pre-qualifi - cation; • negotiated procedure with publication of a contract notice; • competitive dialogue; and • negotiated procedure without publication (direct award). Article 346 of the TFEU Please refer to 2.1 Defence Procurement Legislation .
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