Once a tender has been submitted, the possibility for tenderers to add additional information or even correct mistakes in the tender is limited because of the principle of equal treatment. A new provision in the 2014 Directive concerns the possibility for contracting authorities to ask tenderers to supplement a tender, i.e. to submit additional information. The provision must be seen in light of recent case law from the CJEU (e.g. Manova and Cartiera dell’Adda). The provision was inserted by the Council during the Danish Presidency in the spring of 2012. This chapter explores the background for inserting the provision in the 2014 Directive, and shows that it is not surprising that the proposal for such a provision came during the Danish Presidency, as the question of asking for additional information in Denmark had developed in a strict way at the Danish Complaints Board for Public Procurement making additional information almost impossible for tenderers. The chapter furthermore analyses to what extent a contracting authority can ask a tenderer to supplement a tender based on the new provision and the general principles of equal treatment and transparency, as interpreted by the CJEU, and explores whether the provision increases both flexibility and competition for the contract.
Carina Risvig Hamer
Carina Risvig Hamer
This chapter provides an overview of the Danish rules on access to information in a public procurement context. It explores which types of documents and information interested parties can gain access to as well as the reasoning for not disclosing certain information. This is done by looking at which type of the information must be available before a tender is submitted (ex ante) as well as which information tenderers and other interested parties can gain access to after the award procedure has taken place (ex post). In a procurement context, the contribution concentrates on how the EU rules have been transposed in Denmark and places emphasis on the choices made by the Danish legislator as well as how case law and practice has developed regarding transparency in public procurement procedures.