Nordic Public Procurement Conference

1. Light RegimeLight Regime
Carina Risvig HamerCarina Risvig Hamer
Ph.d. Associate Professor, University of Southern DenmarkPh.d. Associate Professor, University of Southern Denmark
Laura SvaneklinkLaura Svaneklink
Senior policy adviser, Confederation of Danish IndustrySenior policy adviser, Confederation of Danish Industry

2. What is the light regime?What is the light regime?
A (lighter) procurement procedure for
social and other specific services with
a value above 750.000 Euro
Photo: Attendo’s elder care center in Kolding Municipality

3. What is the light regime?What is the light regime?
Agenda
1. Which contracts are covered?
2. How light can a procurement procedure get?
3. Consequences for breaching the rules?
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1.1. Which contracts are covered?1.1. Which contracts are covered?
Services listed in Annex XIV with a value above 750.000 Euro
Mixed contracts
Article 3:
Services listed in Annex
XIV
Works contracts Main aim
Goods Value
Services covered by the
full regime
Value
Outside the Directive objectively separable? Yes: choose to award
separate contracts or to
award a single contract
No: main subject-matter
of that contract.

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1.2. But its not that easy…1.2. But its not that easy…
Examples
•Security services at psychiatric hospital
•Security advice for prison personnel and their families, who have
received threats
•Laundry services for elder people as art of social security

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1.3. Conclusion1.3. Conclusion
• Contracting authorities and economic operator / tenders
often try to argue, that specific service fall within the light
regime
– Higher thresholds value
– Easier process
– Room for negotiation

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2.1. How light can a procedure get?2.1. How light can a procedure get?
1. Publication of a (light) contract Notice or a PIN in the OJ
including information regarding:
• The chosen procedure
• Name and contact information
• A short description of the contract, including CPV codes and
conditions for participating
• Main elements in the award procedure(criteria)
1. Make tenders aware of the decision (state reasons)

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2.2. Does it need to be light?2.2. Does it need to be light?
• The complexity of the procurement process, especially market
dialouge, should depend on the market and specific service.
• Example: security services at psychiatric hospital vs. laundry services for
elder people
• How much customization and competition is needed?

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3.1. Remedies3.1. Remedies
• Standstill?
• What is the risk if the contracting authoritity breach the
rules?
– Ineffectiveness?
– Annulment?
– Termination of a contract?
• Transparency notices...

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3.2. Remedies3.2. Remedies
• Reducing the risk vs. reducing transaction costs

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ConclusionConclusion
• Know the rules, and know how to use the rules
• Efficient competition and cost saving

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More informationMore information
• ”Grundlæggende Udbudsret”,
Carina Risvig Hamer, 2017:
https://www.djoef- forlag.dk/da/boeger/g/grundlaeggende- udbudsret#
• Website: www. udbudslov.dk.
• Confederation of Danish
Industry - Dansk Industri
www.di.dk.