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how to join framework agreement Denmark 2026

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How to Join a Framework Agreement or DPS in Denmark (2026), Step-by-step for Suppliers

By Global Law Experts
– posted 46 minutes ago

Understanding how to join a framework agreement in Denmark in 2026 is essential for any supplier, domestic or foreign, seeking access to public-sector contracts worth billions of kroner each year. Denmark public procurement 2026 rules, rooted in the Udbudsloven (the Danish Public Procurement Act) and the EU procurement directives, govern two principal vehicles for ongoing supplier participation: the closed framework agreement and the dynamic purchasing system (DPS). This guide walks suppliers through the eligibility checks, required documents, procedural steps, typical timelines and costs involved in joining either instrument, and highlights the key procedural changes taking effect in 2026 that every bid team must prepare for.

Overview of the Process and Who It Applies To

A framework agreement is a pre-arranged contract between one or more contracting authorities and a set number of suppliers. It establishes the terms, price, quality, delivery, under which individual call-offs or mini-competitions will be conducted over a defined period, typically up to four years. Once the framework is concluded, no new suppliers may join; participation is fixed at the point of award.

A dynamic purchasing system in Denmark operates differently. A DPS is an entirely electronic process that remains open throughout its duration. Any economic operator that meets the selection criteria may apply for admission at any time. Contracting authorities then run mini-competitions among admitted suppliers whenever a specific need arises. Danish public authorities use DPSs across a wide range of categories, from IT services and consulting to energy infrastructure. The Danish Energy Agency (Energistyrelsen), for instance, has used DPS structures for gas-storage procurement.

Both instruments are governed by the Udbudsloven and must comply with EU Directive 2014/24/EU (for public-sector contracting authorities) or Directive 2014/25/EU (for utilities). Any economic operator, including foreign companies established outside Denmark, may apply, provided it meets the published selection and exclusion criteria.

Eligibility and Prerequisites for Joining a Framework Agreement or DPS in Denmark

Before preparing a submission, suppliers must confirm they satisfy two layers of requirements: mandatory exclusion and selection grounds set by law, and the specific capacity thresholds published in each procurement notice.

Mandatory Exclusion and Selection Grounds

The Udbudsloven requires contracting authorities to exclude suppliers convicted of certain offences, including fraud, corruption, money laundering and terrorist financing. Authorities also verify that the supplier is not subject to bankruptcy, liquidation or analogous proceedings. Voluntary exclusion grounds, such as prior grave professional misconduct, distortion of competition or significant deficiencies in a prior public contract, may also apply where the contracting authority has stated so in the procurement documents.

Suppliers self-declare compliance with these grounds through the European Single Procurement Document (ESPD). The ESPD acts as preliminary evidence; the winning tenderer (or, for a DPS, the supplier being admitted) may later be asked to produce full documentary proof.

Financial and Technical Capacity Thresholds

Each procurement notice specifies the minimum capacity requirements. Typical evidence includes audited annual accounts for the preceding one to three financial years, a minimum annual turnover threshold (often set at one to two times the estimated annual call-off value), professional liability insurance at a stated coverage level, and a list of comparable reference contracts completed within the last three to five years. Suppliers should review the notice carefully, setting capacity thresholds disproportionately high relative to the contract value is restricted under EU rules, and authorities must justify their requirements.

Foreign Supplier Requirements

Companies not registered in Denmark may participate on equal terms. They will typically need to demonstrate legal establishment in their home jurisdiction, provide a registration extract equivalent to the Danish CVR (Central Business Register), supply proof of tax compliance from their national tax authority and, where the contract requires invoicing in Denmark, hold or obtain a Danish VAT registration through Skattestyrelsen. Operating through a Danish branch or subsidiary is not mandatory but can simplify contracting and invoicing. Foreign suppliers should also confirm that they can access the contracting authority’s e-procurement portal, as all DPS Denmark requirements mandate fully electronic submission.

Framework Agreement Denmark Steps, the Step-by-Step Procedure

The supplier pre-qualification process for both framework agreements and DPSs follows a structured sequence. The table below summarises each stage, the responsible party and the typical duration. Detailed guidance for each step follows.

Step Who Does It Typical Duration
1. Find opportunity and confirm method (framework or DPS) Supplier (bid lead); contracting authority publishes notice on Udbud / TED / authority portal 1–7 days to identify; notice period varies
2. Register and apply (submit pre-qualification documents) Supplier submits documents via the contracting authority’s e-procurement portal 1–4 weeks to prepare; authority deadline typically 10–30 days from publication
3. Qualification decision (admission) Contracting authority verifies documents and issues admission letter or ID 7–30 days from submission deadline
4. Mini-competition invitation (call-off) Contracting authority invites admitted suppliers; suppliers submit bids Mini-competition period commonly 10–30 days
5. Award decision and contract signature Contracting authority awards and signs call-off agreement 7–30 days after bid submission
6. Re-evaluation and ongoing compliance checks Contracting authority reviews capacity and documents periodically Every 12 months or at predefined milestones; immediate on change notification

Note: these timings are typical ranges. Suppliers must always verify the exact deadlines stated in the published tender documents.

Step 1: Find the Opportunity and Confirm the Procurement Method

Search for published notices on Tenders Electronic Daily (TED) at ted.europa.eu and on national portals such as Udbud.dk or the contracting authority’s own procurement page. Each notice states whether the instrument is a framework agreement (with or without mini-competition) or a DPS. This distinction matters: a framework agreement that has already been awarded is closed to new entrants, whereas a dynamic purchasing system Denmark notice will specify that applications may be submitted throughout the DPS lifetime.

Check the Common Procurement Vocabulary (CPV) codes to confirm the notice matches your service or product category. Download all annexes, including the procurement documents, technical specifications and contract terms.

Step 2: Register and Apply to the Framework or DPS

Create an account on the contracting authority’s designated e-procurement platform. Complete the ESPD, or, where the authority provides its own pre-qualification questionnaire, fill that form instead. Attach the supporting documents needed to join the DPS or framework: registration extract, financial statements, insurance certificate, reference list and any standards certifications.

For a framework agreement, the submission window is fixed, it opens on the date specified in the contract notice and closes at the stated deadline. Late submissions are automatically rejected. For a DPS, the initial notice sets a minimum period for first applications (at least 30 days from the date the notice is sent for publication on TED), but after that initial window the system remains open. Suppliers may apply at any time during the DPS lifetime.

Before submitting, run an internal quality check: verify that every exclusion-ground declaration is accurate, that financial figures match audited accounts, and that the signatory listed in the ESPD matches the person authorised to bind the company.

Step 3: Receive the Qualification Decision

The contracting authority evaluates each application against the published selection criteria. For a DPS, the authority must assess applications within a reasonable timeframe, industry observers expect most Danish authorities to complete this within 10 to 15 working days, although complex sectoral DPSs may take longer. The authority will issue a formal admission confirmation or a reasoned rejection.

If rejected, the supplier receives the grounds for exclusion or non-selection. Under the Udbudsloven, the supplier may challenge the decision before the Danish Complaints Board for Public Procurement (Klagenævnet for Udbud). The complaint must be filed promptly, standstill periods and complaint deadlines are strict.

Step 4: Participate in Mini-Competitions and Call-Offs

Once admitted, suppliers receive invitations to bid on individual call-offs. In a framework agreement with multiple suppliers, the contracting authority may either place orders directly (where the terms are sufficiently precise) or run a mini-competition among the framework parties. In a DPS, every call-off is conducted as a mini-competition among all admitted suppliers whose profile matches the requirement.

Prepare each bid according to the call-off specifications. Evaluation criteria, price, quality, delivery time or a combination, will be stated in the invitation. Submit electronically through the same portal used for admission. Deadlines for mini-competition bids are typically shorter than for the initial procurement, commonly between 10 and 30 days depending on the complexity.

Step 5: Post-Award Contracting and Re-Evaluation

After award, sign the call-off contract and begin performance. For DPSs, the contracting authority may conduct periodic re-evaluations of admitted suppliers’ continued compliance with the selection criteria. Industry observers expect re-evaluation cycles to become more frequent under the 2026 rule adjustments, typically every 12 months or whenever a supplier notifies a material change in its circumstances (such as a change of ownership, loss of a required certification or significant financial deterioration). Failure to pass re-evaluation can result in removal from the DPS.

Required Documents and Information

The documents needed to join a DPS or framework agreement in Denmark are specified in the procurement notice and the associated tender documents. The table below lists the most commonly required items, together with practical notes on format, issuing authority and validity.

Document Notes (Issuer, Format, Validity)
Completed ESPD or authority’s pre-qualification form Supplier prepares; covers company identification, exclusion grounds and selection criteria responses. Digital PDF or e-form. Certification evidence should be no older than 6–12 months.
Certificate of Incorporation / registration extract Issued by the Danish CVR register (or equivalent foreign company register). PDF. Typically valid if issued within the preceding 3 months.
VAT registration certificate Issued by Skattestyrelsen (SKAT) or foreign tax authority. Required for contracting and invoicing.
Financial statements or bank reference Audited accounts (1–3 years) or recent management accounts as specified. Bank reference letter where requested.
Professional liability insurance certificate Issued by insurer. Must show coverage amount and validity dates meeting the threshold stated in the notice.
Reference list / project portfolio Client name, contact, scope description and dates for comparable contracts. Submitted as PDF or structured spreadsheet.
Power of Attorney and signatory list Identifies who may sign contracts. Notarised where the contracting authority requires it.
Standards certificates (ISO, environmental, quality) Copies issued by the certifying body. Validity per the certificate’s own expiry date.
Subcontractor CVs and declarations Required where the supplier relies on subcontractor capacity. Include signed commitment letters.
GDPR data-processing authorisation Company privacy officer signature. Required where the contract involves processing personal data.

Always follow the contracting authority’s specific instructions. Some authorities accept self-declarations at the application stage and request originals only from the successful tenderer; others require certified copies upfront. Where documents originate in a language other than Danish or English, an authorised translation may be required, check the tender documents.

Timeline for Framework Agreement and DPS Admission, Key Deadlines

The timeline for a framework agreement application and the timeline for DPS admission differ in one critical respect: a framework has a single, fixed submission window, while a DPS accepts applications on a rolling basis. The illustrative calendar below shows a typical sequence for a DPS admission in Denmark.

Event Illustrative Date Action Required
DPS notice published on TED / Udbud 1 August 2026 Download notice, procurement documents, ESPD template
Initial application deadline (first wave) 31 August 2026 Submit completed ESPD and all supporting documents via e-procurement portal
Admission decision (first wave) By 20 September 2026 Receive admission confirmation or reasoned rejection
First mini-competition invitation 1 October 2026 Prepare and submit bid by the stated deadline (typically 10–30 days)
Standstill period (after call-off award) 10 calendar days from notification of award decision Review award decision; lodge complaint with Klagenævnet for Udbud if grounds exist
Contract signature (call-off) After standstill expires Sign and commence performance

Replace the illustrative dates with the actual dates stated in each tender. Suppliers should always work backwards from the deadline and build in a minimum 48-hour internal quality-assurance window before final submission.

Common deadline types to track include the contract notice publication date, the tender submission deadline, the admission notification date, each mini-competition submission deadline, the standstill period (typically 10 calendar days for above-threshold procurements) and the complaint-filing window at the Klagenævnet for Udbud.

Costs, Fees and Tax Considerations

Many Danish contracting authorities do not charge a fee for applying to a framework agreement or DPS. Some sectoral DPSs, particularly in energy and utilities, may levy a small administrative fee. Suppliers should check each notice individually.

Item Typical Amount Notes
Application / participation fee Often €0 – €150 (where charged) Many public authorities do not charge; always check the notice
Bid preparation costs Variable Internal cost: staff hours, external consultants, translations
Performance bond / advance payment guarantee 0–10 % of call-off value Sector dependent; specified in contract documents if required
Insurance adjustments Variable Professional indemnity or employer liability cover may need to be increased
VAT on invoices Standard Danish VAT rate of 25 % Non-EU suppliers may need to register for Danish VAT or apply reverse-charge rules, seek tax advice

These figures are typical ranges and not universal. Each procurement notice and contract set of documents will state the authority’s specific requirements regarding guarantees and invoicing.

What Changes in Denmark Public Procurement 2026

Several procedural developments are shaping the supplier experience in 2026. The European Commission’s ongoing review of the EU procurement directives is driving changes to selection-ground verification, re-evaluation frequency for DPSs and the scope of mandatory digital procurement. While the core structure of the Udbudsloven remains intact, suppliers should note the following practical impacts.

EU procurement thresholds are recalculated biennially by the European Commission and published on TED. The thresholds that took effect on 1 January 2026 apply to all new procurement notices published from that date. Suppliers should verify the current thresholds on TED or on the Business in Denmark guidance portal at virk.dk to confirm whether a particular procurement falls above or below the EU threshold, this determines which procedural rules apply.

Industry observers expect contracting authorities to increase the frequency of re-evaluation checks for DPS participants, moving from ad-hoc reviews toward structured 12-month cycles. Suppliers admitted to a DPS should maintain their documentation, particularly financial statements, insurance certificates and exclusion-ground declarations, in a permanently audit-ready state. The likely practical effect will be that suppliers who allow certifications to lapse, or who fail to notify material changes promptly, face removal from the DPS without the opportunity to cure the deficiency retroactively.

Sustainability and environmental criteria are also receiving greater emphasis. Contracting authorities are increasingly incorporating green procurement requirements into selection and award criteria. Suppliers should prepare evidence of environmental management systems, carbon-reduction commitments or equivalent certifications where relevant to their sector.

Common Pitfalls and How to Avoid Them

  • Late submission. E-procurement portals close automatically at the stated deadline. Even a one-minute delay results in automatic rejection. Build a 48-hour buffer into your internal schedule and submit a test upload early.
  • Incomplete or outdated ESPD. Leaving fields blank, using an older ESPD template or failing to update exclusion-ground declarations triggers rejection. Complete every section and use the version specified in the procurement documents.
  • Signatory mismatch. The person who signs the ESPD or the bid must be authorised to bind the company. Mismatches between the signatory name and the Power of Attorney are a common ground for disqualification.
  • Untranslated documents. Where the tender requires documents in Danish or English, submitting originals in another language without an authorised translation leads to non-compliance.
  • Insufficient financial evidence. Providing only one year of accounts when three are required, or failing to meet the minimum turnover threshold, will result in rejection at the selection stage.
  • Failing to notify material changes. Admitted DPS suppliers must promptly inform the contracting authority of any change affecting their qualification, new ownership, loss of a certification or insolvency proceedings. Silence can lead to removal.
  • Ignoring standstill and complaint windows. The standstill period after a call-off award decision is typically 10 calendar days. If a supplier believes the decision is unlawful, a complaint must be filed with the Klagenævnet for Udbud within the applicable time limit. Missing this window forecloses the remedy.
  • Relying on subcontractors without declarations. Where a supplier relies on a subcontractor’s capacity to meet selection criteria, signed commitment declarations from the subcontractor are required. Omitting them invalidates the reliance.

Need Legal Advice?

This article was produced by Global Law Experts. For specialist advice on this topic, contact Rikke Lange at NP Advokater, a member of the Global Law Experts network.

Sources

  1. Danish Ministry of Industry, Business and Financial Affairs, Business in Denmark (Public Procurement Guidance)
  2. Tenders Electronic Daily (TED), EU Procurement Notices
  3. Energistyrelsen (Danish Energy Agency), DPS Gas Storage Procurement
  4. Retsinformation, Danish Public Procurement Act (Udbudsloven)
  5. European Commission, Public Procurement Policy and Directives
  6. Københavns Universitet, Academic Note on Frameworks and DPS in Denmark

FAQs

What are the steps in the public procurement process?
The core steps are: (1) find the published notice on TED or Udbud; (2) register and submit pre-qualification documents via the e-procurement portal; (3) receive the qualification or admission decision; (4) participate in mini-competitions or call-offs; (5) sign the call-off contract and perform. The detailed sequence is set out in the step-by-step procedure section above.
A contracting authority publishes a notice setting out the requirement, selection criteria and submission deadline. Suppliers submit an ESPD and supporting documents. The authority evaluates applications, admits qualifying suppliers (for a DPS) or awards the framework, and then conducts call-offs or mini-competitions among admitted participants.
Public procurement involves the preparation and submission of pre-qualification documents (financial statements, references, insurance, ESPD), competitive bidding on individual call-offs, contract award, and ongoing compliance with the terms of the framework or DPS.
A framework agreement is awarded once and closed to new entrants. Call-offs are placed with existing framework parties. A dynamic purchasing system remains open: new suppliers may apply for admission at any time, and every call-off is run as a mini-competition among all admitted suppliers whose profile matches the requirement.
Yes. Foreign economic operators may participate on equal terms. They must demonstrate legal establishment in their home country, provide a registration extract equivalent to the Danish CVR, show tax compliance from their national authority, and, if required for invoicing, obtain a Danish VAT registration through Skattestyrelsen. Access to the contracting authority’s e-procurement portal is also necessary.
For framework agreements, missing the submission deadline means automatic exclusion, there is no late-acceptance mechanism. For a DPS, the system remains open, so a supplier who misses the initial deadline can still apply later. However, missing a mini-competition deadline within either instrument results in exclusion from that particular call-off. If a supplier believes a deadline or decision was unlawful, a complaint to the Klagenævnet for Udbud must be filed within the applicable time limit.
Legal advice is recommended before submitting complex exclusion-ground declarations, when eligibility is contentious (for example, where prior contract terminations or pending litigation may trigger voluntary exclusion grounds), and when preparing to challenge an award decision or a rejection. Early legal input can prevent disqualification on procedural grounds and strengthen any subsequent appeal.
By ILIA ETL GLOBAL

posted 6 hours ago

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How to Join a Framework Agreement or DPS in Denmark (2026), Step-by-step for Suppliers

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