The purpose of this master thesis is to examine the societal challenges that occur as a consequence of a number of simultaneous complex large-scale building and infrastructure projects in Denmark. Several examples already indicate difficulties creating sufficient competition in public procurement according to the EU directives using traditional approaches. A major challenge is on one hand the limited capacity that Danish contractors possess while they on the other hand have become more selective and aware of risks when choosing their projects. In the future owners should act more collectively and strategic to meet the current market situation. This implicates among other focus on the tender process, the tender material and also the timing and opportunity for dialogue. This is to endeavour completion of the procured projects according to important criteria such as time, price and quality.

This master thesis is based on the forthcoming Public Procurement Act, which The Danish Parliament adopted on November 19, 2015. The act is coming into force on January 1, 2016. The new Danish Public Procurement Act contains a number of initiatives that seek to ensure greater flexibility and a less rigid tender process favouring both contracting entities and bidders.

Through a literature review the authors of this thesis have achieved the theoretical foundation to work with the issues stated. Initially an empirical study using qualitative research interviews were conducted to uncover to which extent the new Danish Public Procurement Act will contribute to more attractive tenders. The main focus of this thesis was the new procurement act and its implications. It was further narrowed through the interviews to focus primarily on the negotiated procedure. By the commencement of the procurement act the access to this type of tendering will increase considerably. The answers in the preliminary interviews suggest a broad consensus about the potential of this tender procedure if used correctly. The negotiated procedure applies in particular to complex projects where standard solutions are considered inadequate and where the bidding contractors’ competencies may contribute to more innovation and better solutions. In addition the bidders are offered an opportunity to present and clarify bids during the negotiation process. If disagreements arise between requirements and bids, the owner and the bidder may negotiate these terms resulting in a revised bid. This results in improved opportunities for negotiating terms like price, reservations, organization, process, innovation, technical capability etc. Thus this tender process seems to be the key in identifying the best-qualified contractor for a given project, and thereby resulting in the greatest value for money.

The conclusions of the analysis are presented to relevant key persons in Region Nordjylland in order to motivate them to consider using this alternative tender process and thereby achieve more value for public funds. Finally, it is discussed whether this negotiable tender process is a definitive solution to the challenges initially stated.