Documentation and assessment of reliability

Public procurement in Denmark must be carried out in accordance with the EU Public Procurement Directives, which are transposed into Danish law by the Public Procurement Act.

Section II (§§ 134a – 137) of the Act includes several exclusion grounds. Some are mandatory while others are discretionary. Despite the apparent obligation to exclude companies subject to exclusion grounds, the rules provide companies the possibility to document their reliability. Effectively, § 138 of the Act prevents contracting authorities from excluding a company from an ongoing contract or participating in a tender procedure if the company is sufficient to demontrate its reliability, despite the existence of a relevant ground for exclusion.