DENMARK Law and Practice Contributed by: Thomas Maaberg Hansen and Peter Sand, Gorrissen Federspiel
2.8 Security of Supply and Resilience Requirements In general, there are no legislative obligations in respect of security of supply, etc. However, this is typi - cally detailed and regulated in the agreement between the supplier and DALO. Furthermore, the Danish law on readiness (Consoli - dated Act No 1741 of 19 December 2025) ( Bered- skabsloven ) authorises the Ministry of Societal Safety and Emergency Management to – in case of war or crisis – seize private property without a court order for the purpose of compulsory acquisition by the govern - ment. 2.9 Evaluation Criteria and Award of Defence Contracts Contracting authorities/entities have various options for taking non-price factors (eg, technical capabil - ity and security of supply) into account. Each option listed here is subject to the requirement that it be con - nected to the subject matter of the contract and that it otherwise complies with the general principles of equal treatment, transparency and proportionality Technical Specifications The contracting authority may specify the charac - teristics that the subject matter of the contract must satisfy. This may relate to, among other things, the production process, delivery, or any other process at any stage of the procurement’s life cycle. The techni - cal specifications must be linked to the subject matter
Other non-price factors (eg, production capacity) related to the subject matter of the contract can be taken into consideration as sub-criteria where best price-quality ratio has been chosen as the award cri - terion. Contract Terms Likewise, contracting authorities/entities may set contract conditions that are also linked to the subject matter of the contract. By way of example, DALO may impose a requirement for security clearance. The regulation distinguishes between mandatory and optional grounds for exclusion. The optional grounds apply only if they are set out in the procurement docu - ments. In addition, exclusion may only take place if it is pro - portionate and the undertaking has had the oppor - tunity to document its reliability (self-cleaning). The contracting authority may also refrain from excluding on grounds of overriding reasons relating to the public interest. Mandatory Any candidate or tenderer shall be excluded if it has been convicted by final judgment or has accepted a fine notice for: • acts committed as part of a criminal organisation; • corruption; • fraud; • acts of terrorism or criminal offences linked to ter - rorist activity; 2.10 Exclusion Grounds The Public Procurement Act • money laundering or the financing of terrorism; and • criminal offence related to child labour or human trafficking. Exclusion also applies if a natural person who is a member of the candidate’s or tenderer’s board of directors, executive board or supervisory board – or who has the power to represent, control, or make decisions on behalf of that board – has been con - victed or has accepted a fine notice for the above- mentioned acts.
of the contract. Award Criteria
The contract will be awarded to the most economi - cally advantageous tender. The contracting author - ity/entity may choose between the following award
criteria: • price; • cost; or • best price-quality ratio.
Whole-life costs may be taken into account where cost or best price-quality ratio has been chosen as the award criterion.
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