This master thesis addresses the management of public tendering currently present in the construction industry in Denmark. The Danish construction industry contributes significantly to the Danish gross nation product (GNP) and public tenders play an important part in keeping the industry healthy. Public tenders affect the society as a whole, creating jobs and stimulating on a macroeconomic scale. Thus, the public tenders are subject to political demands of economic evaluations to ensure the best use of public funds. As a result, the public tenders must create a competitive environment and strive to achieve the best result within the financial limitations set out for each specific project.
The competitive element of tendering public projects is managed through legal documents, both foreign and domestic. As a member of the European Union (EU), Denmark is subject to abiding the agreed international laws in regards to the managing of public tenders. The domestic legal and agreed documents differ from the EU-law and thus there are two different sets of rules to take into consideration when tendering public projects. A new law which seeks to simply the tendering is on the way, however there are mixed opinions about what impact this new law will have. Some argue the law will increase the bureaucratization of the tendering, others that the new opportunities the law brings will insure a smooth tender phase. Thus, it is relevant to examine how the current situation in the management of public tenders is amongst the various parties in the construction industry.

The master thesis takes its origin in an explorative interview with consulting advisor Kim Fihl who describes how he perceives the current culture in regards to public tendering. His critical view on complaints made due to poor tender material shapes the foundations for the thesis. The link between law and technical knowledge is of grave importance for the management of the public tendering in the construction industry. Therefore, this master thesis seeks to examine how the legal aspect is incorporated in a highly technical industry as well as studying the historic development of the link between law and technic. This is achieved through a literature study and an interview with a lawyer specialized in tendering law.
The research design of the master thesis is based on a mixed method study with a quantitative analysis, a stakeholder analysis and a qualitative analysis. The quantitative analysis consists of a survey to the public client as well as the private tenderer with the purpose of mapping any tendencies deemed problematic in the tender phases. The survey focuses on how competent the public client is, how they see advisors in the construction industry and whether or not the legal side of public tendering is a hindrance to a smooth tender. The stakeholder analysis positions the four main stakeholders relative to each other and the tender phases. Based upon the conducted survey and stakeholder analysis, a paradigm is produced to reflect the balance of the current situation seen in the management of public tenders.

The results of the thesis conclude that the legal and technical aspects in the management of public tendering are intertwined and neither one alone can produce flawless tender material. The quantitative analysis concludes, inter alia, that there is no pattern in complaints and that the public clients use advisors throughout the tender phases. The qualitative analysis concludes, inter alia, that the technical advisor as well as the consulting advisor has taken up a new way of providing their services, which moves them both closer to being an entrepreneur. This study also shows that this condition seems widely accepted amongst the other parties in the construction industry. It is insinuated that this development is a result the rapidly decreased fees for consulting and design services. In this a paradox exists between being a valuable asset to one’s company and wanting to go the extra mile for a project and the client. It is also concluded that this paradox controls most, if not all, parts of a tenderer’s provided services. Furthermore, it is concluded that the current situation for the various parts in the construction industry is not balanced and improvements can be made. Lastly, this thesis raises questions about how the public client should be organized in the future.