Procurement bill folds works tenders into one act, mandates pay clauses

Contracting authorities, construction bidders and advisers face a rewrite of below-threshold procurement alongside new labour clauses above threshold under bill L 11, tabled on 7 October 2026Retsinformation by the business and competition minister. The bill is a re-tabling in updated form of bill L 113 from the 2025-26 session, which lapsed when the general election was called for 24 March 2026; the updates are described as technical, covering the minister's title, a corrected cross-reference, postponed commencement dates and the latest EU list of non-cooperative tax jurisdictions.

Below the EU threshold (DKK 40.3 million excluding VAT in 2026-2027)Retsinformation, purchases of works move out of lov om indhentning af tilbud i bygge- og anlægssektoren (tilbudsloven)Retsinformation, which is repealed in its entiretyRetsinformation, and into sections IV and V of udbudsloven with additionsRetsinformation. For contracts without clear cross-border interest worth at least DKK 5 million excluding VAT, the new § 193 a requires the authority to secure market terms by obtaining at least three tenders or by advertising under the rules issued pursuant to § 191(3); a single tender suffices only where technical conditions mean only one operator can deliver the works and no reasonable alternative existsRetsinformation. Bidders learn the tender totals and reservations immediately on opening. Complaints about sections IV, 193 a and 193 b go to Klagenævnet for UdbudRetsinformation within 45 days of a reasoned award notice (six months for frameworks; 20 days for complaints over non-prequalification in restricted procedures with prequalification)Retsinformation; works awards below DKK 5 million without cross-border interest leave the board's remitRetsinformation. Tenders launched before 1 July 2027 finish under the old rulesRetsinformation.

For works contracts above the EU threshold, all non-state contracting authorities must insert labour clauses (arbejdsklausuler) into contracts performed in DenmarkRetsinformation (§ 176(5)-(6))Retsinformation: employees of the contractor and any subcontractors helping to perform the contract must be guaranteed pay including special benefits, working time and other conditions no less favourable than those for work of the same kind under a collective agreement concluded by the most representative social partners in Denmark in the field concerned and applying across the whole countryRetsinformation. State authorities already carry that duty under circular CIR1H nr. 9471 of 30 June 2024Retsinformation. Suppliers need not join a specific agreementRetsinformation; only the level of the employees' terms must matchRetsinformation. A guidance note will carry a list of the most representative agreements on construction works drawn up by Fagbevægelsens Hovedorganisation (FH) and Dansk Arbejdsgiverforening (DA); the list guides but does not bindRetsinformation, and an authority choosing another agreement must ensure it is concluded by the most representative partners and nationwideRetsinformation. The clause duty enters into force on 1 January 2027Retsinformation and does not apply to tenders launched before that dateRetsinformation.

The bill also repeals § 134 a of udbudslovenRetsinformation, the duty to exclude tenderers established in tax-haven jurisdictionsRetsinformation. Following Court of Justice judgments C-652/22 (Kolin Inşaat Turizm, 22 October 2024) and C-266/22 (CRRC Qingdao Sifang, 13 March 2025), the ministry considers the provision unmaintainable as trade policy is an EU matter; authorities may still require exclusion of tax-haven tenderers in individual procedures under general administrative principlesRetsinformation. The repeal applies to all tenders from commencement regardless of launch dateRetsinformation.

The minister may also set case-handling-time targets for Klagenævnet for Udbud, with the Folketing informed if a target is missed. Main commencement is 1 July 2027Retsinformation, the clause and time-target provisions from 1 January 2027Retsinformation. Legal basis: Forslag til lov om ændring af udbudsloven og lov om Klagenævnet for Udbud og om ophævelse af lov om indhentning af tilbud i bygge- og anlægssektoren (L 11).