Amendment Of The Federal Procurement Act 2006 And The Federal Procurement Law Defence & Security 2012

Original Language Title: Änderung des Bundesvergabegesetzes 2006 und des Bundesvergabegesetzes Verteidigung und Sicherheit 2012

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7. Federal law amending the Bundesvergabegesetz 2006 and the Bundesvergabegesetz Defense and Security 2012.

The National Council has decided:

Article 1

Amendment of the Federal Law for the Law of 2006

The Federal Act on the awarding of contracts (Bundesvergabegesetz 2006-BVergG 2006), Federal Law Gazette (BGBl).  I No 17/2006, as last amended by BGBl.  II No 292/2014, shall be amended as follows:

1. In the table of contents, after the entry " § 99a. Special provisions relating to payment transactions ' of the entry ' 5.  Subsection special provisions for the subthreshold range " and the entry " § 100. Selection of the award principle "; the entry to § 231 is " § 231. Demand of the evidence by the sector contractor, proof of power and professional reliability, assessment of professional reliability "; according to the new entry " § 231. Demand for evidence by the sector contractor, proof of power and professional reliability, assessment of professional reliability " will be the entry " § 231a. Egg clarification " inserted.

2. In § 2, the following is inserted after paragraph 33a:

33a.

Subcontractor is an entrepre who has parts of the order issued to the contractor. . The mere delivery of commercially available goods or components required to perform a service is not a subcontractor performance. "

3. In the third sentence of Article 14 (3), the third sentence of the third sentence of 15 (4) and the third sentence of 16 (5), at the end of the point, the word sequence "; for the choice of the procedure, the value of the individual lot shall be regarded as the estimated value of the order."

4. Section 18 (1) does not include the expression "§ 70 para. 3,".

5. The following paragraph 4 shall be added to section 22:

"(4) In the absence of a subdivision of the order into lots, the contracting authority shall justify this in the invitation to tender or in the award notice (Section 136 (1))."

6. In § § 46 (3) and (79) (2), the reference "§ 71" is replaced by the reference "§ 71 Para. 1" .

7. Section 49 (2) reads:

" (2) Where a contracting authority considers that the execution of a contract award procedure is permissible without prior notice in the upper threshold range, the contracting authority may, using the the relevant standard notices form the decision to which bidder to be awarded the contract. "

8. Section 55 (5), first sentence reads:

" Where a contracting entity considers that the execution of an award procedure is permissible without prior notice in the sub-threshold range, the contracting authority may decide which tenderer to whom the contract is to be made. The contract is to be awarded in the publication medium defined for the respective full-education sector in accordance with § 52 (1). "

9. Section 56 (1) reads:

" (1) Without prejudice to the provisions of the General Administrative Procedure Act 1991 (AVG), BGBl, which are applicable to the deadlines in the review and assessment procedures. No. 51/1991, applies to the time limits within the meaning of this Federal Law § 903 of the General Civil Code (ABGB), JGS No. 946/1811, Application. "

10. In section 70 (6), the reference to "  2 and 3 " by the reference " paragraph  2 to 4 " .

11. The text of § 71 is given the sales designation "(1)". The following paragraph 2 is added:

" (2) The adjudicating entity shall also provide information on applicants, tenderers and their subcontractors who are eligible for the award of the contract, as a result of the administrative criminal law of the Vienna Regional Sickness Insurance Fund as a Competence Centre Wage and social dumping Combating (Competence Centre LSDB) according to § 7n of the Labour Contract Law Adaptation Act (AVRAG), BGBl. No 459/1993, whether this is to be attributed to a final decision in accordance with Section 7k AVRAG. This information may not be older than six months. "

12. Section 72 (1) of the second and third sentences reads as follows:

" The adjudicating entity shall also provide information on the candidates, tenderers and their subcontractors who are eligible for the award of the award, from the central administrative criminal case of the Federal Minister of Finance pursuant to § 28b of the Foreigners Employment Act (AuslBG), BGBl. No. 218/1975, and to obtain information from the administrative criminal law of the Competence Centre LSDB pursuant to § 7n AVRAG, whether this is to be attributed a final punishment pursuant to § 28 paragraph 1 Z 1 AuslBG or pursuant to § 7i paragraph 4 or 5 AVRAG. This information may not be more than six months old. '

13. In Section 73 (1), the phrase "obtained information" is replaced by the phrase "obtained information" .

14. Section 73 (3) of the second and third sentences reads as follows:

" In assessing the seriousness of the final punishment pursuant to Section 28 (1) (1) (1) of the AuslBG, the number of employees concerned and the duration of illegal employment and the assessment of the duration of the illegal employment the seriousness of the final punishment pursuant to Section 7i (4) or (5) of the AVRAG (AVRAG) must be taken into account, in particular, of the extent of the remuneration. If more than two legally binding punishments pursuant to Section 28 (1) (1) (1) of the German Act (AuslBG) or pursuant to Section 7i (4) or (5) of the AVRAG (AVRAG) have been carried out before or have passed two legally binding punishments within the last twelve months, a more stringent measure must be applied. "

15. Section 79 (3) reads:

" (3) In the contract notice or in the tender documents, indicate whether the contract is awarded to the most technically and economically advantageous tender or, if the quality standard of performance by the adjudicating entity is the technical, economic and legal aspects are clearly and clearly defined-the offer with the lowest price to be given. In any case, the contract shall be awarded to the most technically and economically advantageous tender if

(c)

1.

This is a mental service (§ 2 Z 18) or

2.

The client expressly states that alternative offers are permitted in the tender (§ 81 para. 1) or

3.

The description of the performance is essentially functional (§ 95 para. 3) or

4.

These are services that are nature-based or because of the performance of the service (§ 28 (1) (3), § 29 (1) (2), § 30 (1) (2) or (2)) or

.

is deviated in the RFQ by appropriate guidelines (§ § 97 (2) and 99 (2)) and therefore no comparable offers are to be expected or

6.

the services to be provided are such that contractual specifications are not so can be precisely defined that the contract can be awarded by choosing the best offer in open or non-open procedures with prior notice (§ 30 para. 1 Z 3), or

7.

Current or future performance related to performance in the context of the offer assessment. to take account of cost-effective factors (e.g. operating and maintenance work, services, spare parts required-storage, disposal) or

8.

is a construction work order whose estimated order value is at least EUR 1 000 000 or

9.

It is the procurement of food according to CN code 02 (meat and edible slaughterhouse products), 0401 (cow's milk), 0405 (butter), 0407 (eggs), 0701-0709 (vegetables) as well as 0808-0810 (fruit). "

16. In accordance with Article 79 (3), the following paragraph 3a is inserted:

" (3a) If the contract is to be awarded to the most technically and economically advantageous tender, the contracting entity shall, in the contract notice or in the tender documents, have all the award criteria, the use of which shall be: to indicate in proportion to the meaning given to them. This information may also be provided by the establishment of a margin, the maximum breadth of which must be appropriate. Where, in the opinion of the contracting authority, the determination of the award criteria in relation to the significance attributed to them is not possible in the opinion of the contracting authority, the contracting authority shall, in the contract notice or in the tendering documents, have all Award criteria to be used in the order of which they are to be used in the order of importance attributed to them. "

17. Section 83 (2) reads:

" (2) The offeror shall disclose all parts of the order he intends to subcontract to subcontractors as well as the subcontractors in question in the tender. By way of derogation, the contracting authority may, for objective reasons, stipulate in the tender documents that only the essential parts of the order to be awarded by the bidder to subcontractors shall be determined by the tenderer. , as well as the respective sub-contractors in question, are to be announced in the offer. "

18. The following paragraphs 4 and 5 are added to § 83:

" (4) The adjudicating entity may, in the case of works or service contracts and in the case of installation or installation work in connection with a supply contract, prescribe that certain critical tasks are carried out by the tenderer himself, a company affiliated with it (§ 2 Z 40) or, in the case of the participation of a working or bidding community in the award procedure, must be executed by a member of that working or bidding community.

(5) After the award of the contract, the Contractor has in writing any intended change of a sub-contractor or any intended execution of a subcontractor not known in the offer to the Client in writing. and shall be notified of any evidence necessary to verify the suitability of the sub-contractor concerned. The use of these subcontractors in the provision of services may only be carried out with the prior consent of the contracting authority. The consent of the client, as well as any refusal, shall be notified without delay and may only be refused for factual reasons. The consent of the contracting authority shall be deemed to have been granted unless the contracting authority has not rejected the subcontractor within three weeks after the date of receipt of the notification in accordance with the first sentence. If the communication pursuant to the first sentence is not fully attached to the necessary documents, the contracting authority shall inform the Contractor without delay and request it to submit the documents. This request shall inhibit the continuation of the period, in accordance with the fourth sentence, until the necessary documents have been submitted in full. The offer shall be accompanied by the corresponding commitments. "

19. Section 84, para. 2, first sentence reads:

" The contracting authority must, in the invitation to tender, provide for the preparation of the offer for services to be provided in Austria, taking into account the labour and social legislation in force in Austria. Regulations (in particular the relevant collective agreements, the Employees ' Protection Act-ASchG, BGBl. No. 450/1994, of the Arbeitszeitgesetz-AZG, BGBl. No. 461/1969, the Labour Code Act-ARG, BGBl. No 144/1983, of the AVRAG and of the Equal Treatment Act-GlBG, BGBl.  I n ° 66/2004) and that the tenderer undertakes to comply with these rules when carrying out the contract in Austria. "

20. In the second part, 3.  Main piece, 6.  Section is omitted from the 5.  Subsection.

21. In Section 108 (1), Z 2 is replaced by the following Z 2 and 2a:

" 2.

The disclosure of all subcontractors whose capacities the bidder will prove to be Suitability shall be based on the evidence that the tenderer actually has the capacity to do so and the contracting authority shall ensure that the financial and economic capacity of the bidder to carry out the overall order is . Announcement of all parts of the order to be carried out by subcontractors, or-if the contracting entity has provided for this for objective reasons in the tender documents-only the essential parts of the order which the tenderer is responsible for by subcontracting to subcontractors. The subcontractors in question are known to be present. The nomination of several subcontractors per service part is permitted. The liability of the Contractor shall not be affected by this information;

2a.

the corresponding commitment statements in accordance with § 83 (5); "

22. § 125 (4) Z 1 reads:

" 1.

in the price of all essential items, all personnel, materials, equipment, and equipment that can be directly assigned The costs of foreign services and capital are included, and whether the rates of expenditure and consumption, as well as the personnel costs, are traceable, in particular with regard to the collective agreements on which the offer is based; "

23. In § § 182 (3), third sentence, 183 (4), third sentence, and 184 (5), third sentence, at the end of the period, the word sequence "; for the choice of the method, the value of the individual lot shall be regarded as the estimated order value."

24. In § 186 (1), the "§ 231 (3),"is deleted.

25. Section 210 (2) reads:

" (2) Where a sector contractor is of the opinion that the implementation of a procurement procedure without a prior call for competition in the upper threshold range is permissible, the sector contractor may be subject to the following conditions: Use of the relevant standard form for notices the decision to indicate to which bidder the contract is to be awarded. "

26. Section 219 (5), first sentence reads:

" Where a sector contracting authority considers that the implementation of a procurement procedure without prior call for competition in the sub-threshold range is permissible, the sector contracting authority may: Decision on which bidder is to be awarded the contract in the publication medium defined in accordance with Section 216 (1) for the respective full-education sector. "

27. Section 221 (1) reads:

"(1) Without prejudice to the provisions of the AVG to be applied to the deadlines in the review and provision procedures, the time limits within the meaning of this Federal Law § 903 ABGB shall apply."

28. § 231 and title shall be replaced by the following § § 231 and 231a together with headlines:

" Demand for evidence from the sector contractor, proof of authority and professional reliability, assessment of professional reliability

§ 231. (1) The sector contractor has to determine the evidence with which entrepreneurs who participate in a procurement procedure are entitled to

1.

Professional power,

2.

Professional reliability,

.

financial and economic performance as well as

4.

technical performance capability

to occupy. Evidence may only be set as far as justified by the subject-matter of the order. In doing so, the sector contractor shall take into account the legitimate interests of the entreprentier in the protection of its technical or trade-related trade secrets.

(2) The trader may also demonstrate the power, reliability and performance of a third party through proof of registration in a relevant, generally accessible directory of a third party, provided that: the documents defined by the sector application provider are available in the timeliness desired by the sector application provider and can be directly accessed by the sector application provider itself. The contractor may also demonstrate the power, reliability and performance of the business with documents other than those laid down by the sector application provider, provided that the documents are not provided for a justified reason. , and the documents submitted shall have the same validity as those originally laid down. Proof of the same significance shall be provided by the contractor upon request.

(3) In the event of an offer by a working group or a bidding community, each member shall have the power to prove the performance of the benefit in accordance with § 231a.

(4) The sector donor shall, moreover, provide evidence of the existence of the relevant authority referred to in paragraph 1 (1) (1) on candidates, tenderers and sub-contractors eligible for the award of the award from the administrative penalty of the LSDB competence centre in accordance with § 7n AVRAG, whether this is to be attributed a final decision pursuant to § 7k AVRAG. This information may not be older than six months.

(5) The sector donor shall, in any event, provide evidence of the existence of the professional reliability referred to in paragraph 1 (2) of this Regulation on candidates, tenderers and their subcontractors eligible for the award of the award. Information from the central administrative penalty case of the Federal Minister of Finance pursuant to § 28b AuslBG and an information from the Administrative Criminal Law of the Competence Centre LSDB pursuant to § 7n AVRAG to request a final punishment according to § 7n AVRAG § 28 para. 1 Z 1 AuslBG or pursuant to § 7i paragraph 4 or 5 AVRAG. This information may not be older than six months.

(6) The sector contractor shall base the assessment of the professional reliability of the trader, in particular on the evidence required under paragraph 1 and on the information obtained in accordance with paragraph 5. If these certificates result in a final judgment within the meaning of section 229 (1) (1) or (4), or if the sector contractor has proven to be guilty of misconduct within the meaning of Section 229 (1) (5) (5) of this Act, it can be proven that the decision has been taken by the sector-provider. or if the sector donor is otherwise aware of such a judgment or of such misconduct, the required reliability shall not be given to that operator unless he makes it credible that he/she is this circumstance is reliable.

(7) For the purposes of the second sentence of the second sentence of the second sentence of paragraph 6, the employer shall state that he has taken specific technical, organisational or personnel measures which are appropriate for the purpose of: re-establishment of the relevant criminal acts and/or Prevent misconduct. Such measures shall be considered as such:

1.

The introduction of high quality reporting and control systems

2.

The connection of an organ of the inner revision to the regular verification of compliance of the relevant rules,

3.

The introduction of internal liability and damage compensation schemes to comply with the relevant Rules.

(8) The sector donor shall examine the submission of the contractor and, in assessing the reliability, shall assess the measures adopted by the contractor in relation to the number and seriousness of the operations carried out. punishable acts or Misconduct. In assessing the seriousness of the final punishment pursuant to Section 28 (1) (1) (1) (1) of the AuslBG, the number of workers concerned and the duration of illegal employment and the severity of the legally binding force are in particular the number of persons affected. Punishment in accordance with Section 7i (4) or (5) of the AVRAG must be taken into account, in particular, the extent of the lower pay. If there are more than two legally binding punishments pursuant to Section 28 (1) (1) (1) of the AuslBG or pursuant to Section 7i (4) or (5) of the AVRAG (AVRAG) or two legally binding punishments within the last twelve months, a more stringent standard shall be applied.

Eigen clarification

§ 231a. (1) Applicants or tenderers may also demonstrate their power, reliability and performance by submitting a declaration that they are required to do so by the sector contractor. meet the criteria for appropriation and be able to provide the specified evidence without delay upon request (egg declaration). Such a declaration shall specify the powers which the contractor has in practice.

(2) In the award of contracts, the sector contracting authority may require the submission of certain documents by certain candidates or tenderers, provided that this is necessary in the opinion of the sector contracting authority. In the case of contracts in the upper threshold sector, the sector contractor shall, in any event, require the successful tenderer to submit the fixed evidence before the award of the contract; in the case of a award in lots, this shall apply only if the estimated value of the contract is estimated at: The value of the individual lot reaches the threshold value specified in § 180 (1).

(3) In accordance with paragraph 2, the sector contractor may request the trader to submit the necessary evidence within a reasonable period of time, or to complete or explain the certificates submitted within a reasonable time. Proofs can also be submitted in copy or electronically. "

29. In § § 236 (2) and (6) (6), the phrase "pursuant to § 231" is replaced by the phrase "according to § § 231 and 231a"

.

30. Section 236 (3) reads:

" (3) In the call for competition, in the invitation to the confirmation of interest in accordance with § 251, in the invitation to tender or to negotiate or in the tender documents, indicate whether the contract is awarded to the the most technically and economically advantageous tender or, if the quality standard of the performance by the sector donor is clearly and clearly defined in technical, economic and legal terms, the offer with the lowest Price is to be granted. In any case, the contract shall be awarded to the most technically and economically advantageous tender if

1.

This is a mental service (§ 2 Z 18) or

2.

The client expressly states the alternative offers in the tender (§ 238 para. 1) or

3.

The description of the performance is essentially functional (§ 245 paragraph 3) or

4.

These are services that are nature-based or because of the performance of the service Do not allow previous global pricing, or

5.

This is a particularly complex job because the client is objectively not in the The technical specifications referred to in Article 247 (4), with which the requirements and requirements can be met, or the legal or financial conditions of the project, or

6.

the services to be provided are such that contractual specifications are not so can be specified precisely, that the contract can be awarded by choosing the best offer in open or non-open procedures after prior call to competition, or

7.

Current or future performance related to performance in the context of the offer assessment. to take account of cost-effective factors (e.g. operating and maintenance work, services, spare parts required-storage, disposal) or

8.

is a construction work order whose estimated order value is at least EUR 1 000 000 or

9.

It is the procurement of food according to CN code 02 (meat and edible slaughterhouse products), 0401 (cow's milk), 0405 (butter), 0407 (eggs), 0701-0709 (vegetables) as well as 0808-0810 (fruit). "

31. In accordance with Article 236 (3), the following paragraph 3a is inserted:

" (3a) If the contract is to be awarded to the technically and economically most advantageous tender, the sector contractor shall, in the call for competition, in the invitation to the confirmation of interest in accordance with § 251, shall have in the Invitation to tender or to negotiate, or in the tender documents, all award criteria, the use of which it provides for, in the ratio of the importance attributed to them. This information may also be provided by the establishment of a margin, the maximum breadth of which must be appropriate. If, in the opinion of the sector contracting authority, the definition of the award criteria in relation to the importance attributed to them is not possible in the opinion of the sector contracting authority, the sector contractor shall, in the call for competition, have the following: Confirmation of interest in accordance with § 251, in the invitation to tender or for negotiation or in the tender documents, all award criteria, the use of which it provides for, to be indicated in the order of importance attributed to them. "

32. Section 240 (2) and (3) reads:

" (2) The offeror shall disclose all parts of the order he intends to subcontract to subcontractors as well as the subcontractors in question in the tender. By way of derogation from this, the sector contractor may, for objective reasons, stipulate in the tender documents that only the essential parts of the order to be awarded by the bidder to sub-contractors shall be determined by the tenderer. , as well as the respective sub-contractors in question, are to be announced in the offer.

(3) The transfer of the entire order or of parts of the service shall be permitted only in so far as the subcontractor is the power, performance and professional capacity required for the execution of his or her part. Reliability. Subcontractors may prove their necessary power, efficiency and professional reliability in accordance with § 231a. "

33. The following paragraphs 4 and 5 shall be added to Section 240:

" (4) The sector contractor may, in the case of works or service contracts, and in the case of installation or installation work in connection with a supply contract, require that certain critical tasks be carried out by the bidder himself, from a company affiliated with it (§ 2 Z 40), or-in the case of the participation of a working or bidding community in the award procedure-must be carried out by a member of that working or bidding community.

(5) After the award of the contract, the Contractor has any intended change of a sub-contractor or any intended use of a subcontractor not known in the offer to the sector contractor. in writing and following all the evidence required to verify the suitability of the sub-contractor concerned. The use of these subcontractors in the provision of services may only take place subject to the prior consent of the sector-contracting authority. The approval of the sector contracting authority shall be notified without delay, as well as any refusal, and may only be refused for factual reasons. The approval of the sector contracting authority shall be deemed to have been granted unless the sector contracting authority has rejected the subcontractor within three weeks after the notification has been received in accordance with the first sentence. If the communication referred to in the first sentence is not fully attached to the necessary documents, the sector applicant shall immediately inform the Contractor and request it to submit the documents. This request shall inhibit the continuation of the period, in accordance with the fourth sentence, until the necessary documents have been submitted in full. The offer shall be accompanied by the corresponding commitments. "

34. In Section 247a (7), the reference to "  1 to 4 " by referring to " paragraph  1 to 5 " .

35. Section 248 (7) reads:

"(7) The provisions of Section 236 (3) and (3a) shall apply to the selection of the award criteria in the sub-threshold range."

36. In Section 257 (1), Z 2 is replaced by the following Z 2 and 2a:

" 2.

The disclosure of all subcontractors whose capacities the bidder will prove to be Appropriateness shall be based on the evidence that the tenderer has in fact the capacity of the tenderer and the donor of the sector is responsible for the financial and economic guarantees required for the implementation of the overall order. Performance has. Announcement of all parts of the order to be carried out by subcontractors, or-if the sector contractor has provided for this for objective reasons in the tender documents-only the essential parts of the order, which shall be the tenderer is intending to subcontract to subcontractors. The subcontractors in question are known to be present. The nomination of several subcontractors per service part is permitted. The liability of the Contractor shall not be affected by this information;

2a.

the corresponding commitments in accordance with § 240 (5); "

37. Section 267 (2) Z 2 reads:

" 2.

the power, performance and reliability of the Bieters or -in the case of transfers of benefits-the namesaed subcontractors; "

38. Section 271 (1) reads:

" (1) The tender according to the information provided in the tender shall be the most technically and economically advantageous tender or the offer with the lowest price from the tenders which remain after leaving the contract. . "

38a. Section 292 (1) reads:

" (1) The Federal Administrative Court shall decide in the affairs of Section 291, in so far as it is not concerned with the decision on a request for the dismissal of an injunction, the decision on the fee replacement in accordance with Section 319 (3) or the decision on a termination of proceedings after withdrawal of a review request, in senates. "

39. Section 332 (7) reads:

" (7) An application in accordance with § 331 (1) (2) is also inadmissible if the adjudicating entity in an admissible manner announces the duly substantiated decision pursuant to § § 49 (2), 55 (5), 210 (2) or 219 (5) or made known and the contract has been awarded upon expiry of a period of 10 days after the initial availability of the contract notice. '

40. The following paragraph 18 is added to Section 345:

" (18) For the entry into force of the Federal Act BGBl.  I n ° 7/2016, the following provisions shall apply:

1.

The recast version of the entry to § 231 and the insertion of the entry to § 231a in the Table of contents, § 2 Z 33a, § 14 para. 3 third sentence, § 15 para. 4 third sentence, § 16 para. 5 third sentence, § 18 para. 1, § 22 para. 4, § 46 para. 3, § 49 para. 2, § 55 para. 5 first sentence, § 56 para. 1, § 70 para. 6, in § 71 the sales designation of the para. 1, Section 71 (2), section 72 (1) of the second and third sentences, section 73 (1) and (3), second and third sentences, § 79 (2), (3) and (3a), § 83 (2), (4) and (5), § 84 Paragraph 2, first sentence, § 108 (1) Z 2 and 2a, § 125 (4) Z 1, § 182 (3), third sentence, § 183 (4), third sentence, § 184 (5), third sentence, § 186 (1), § 210 (2), § 219 (5), first sentence, § 221 (1), § § 231 and 231a, together with the heading, § 236 (2), (3) and (3a), § 240 (2) to (5), § 247a (7), § 248 (6) and (7), Section 257 (1) (2) and (2a), Section 267 (2) (2), Section 271 (1), Section 292 (1), Section 332 (7), § 351 Z 22 and Annex XV Section F Z 1 to be held on 1 March 2016. in force; at the same time, the entry to the 5. Subsection in Part 2, 3. Main piece, 6. Section and the entry to § 100 in the table of contents as well as in the 2nd part, 3. Main piece, 6. Section of the 5. Subsection out of power.

2.

At the time of the in or Any award procedures which have already been initiated in accordance with Z 1 shall be completed in accordance with the legal situation in force at the time of the initiation of the respective award procedure. That at the time of the in or The Federal Administrative Court shall continue the proceedings pending before the Federal Administrative Court in accordance with the legal situation in force at the time of the initiation of the respective award procedure. With regard to the award procedures which have already been completed at the time of Z 1, the execution of the procedures for the award of the contract shall be based on the legal situation in force at the time of the initiation of the respective award procedure. '

41. The following Z 22 is added to § 351:

" 22.

Council Directive 2013 /16/EU of 13 May 2013 adapting some of the policies in the field the award of public contracts on the basis of the accession of the Republic of Croatia, OJ C No.  OJ L 158, 10.06.2013, p. 184. '

42. In Annex XV, Section F, Z 1, the word sequence " or § 231 " by the word sequence " or § § 231 and 231a " .

Article 2

Amendment of the Federal Law on Defence and Security 2012

The Federal Act on the award of contracts in the defence and security sector (Bundesvergabegesetz Defence und Sicherheit 2012-BVergGVS 2012), BGBl.  I No 10/2012, as last amended by BGBl.  II No 99/2014, shall be amended as follows:

1. In the table of contents, the reference "§ 60 Z 1" in the Annex V entry is replaced by the reference "§ 60 paragraph 1 Z 1" .

2. In § 3, Z 32 is replaced by the following Z 32 and 32a:

" 32.

Suborder is a contract for the execution of a contract Part of the order issued to the Contractor.

32a.

Subcontractor is an entreprenter who is part of the Contractor is responsible for carrying out the contract. The mere delivery of goods or components required to perform a performance is not a subcontractor performance. "

3. § 9 (1) Z 3 reads:

3.

for orders that are subject to special rules of procedure, and which are based on a Republic of Austria and one or more other Member States of the European Union and one or more third countries (international) Agreement or agreement or on the basis of an agreement between the Republic of Austria and the Republic of Austria one or more third countries (international) Agreement or agreement, "

4. In the third sentence of § § 12 (3), third sentence, 13 para. 4, third sentence, and 14 para. 5, third sentence, at the end of the point, the word sequence "; for the choice of the method, the value of the individual lot shall be regarded as the estimated order value."

5. Section 41 (2) reads:

" (2) Where a contracting authority considers that the execution of a contract award procedure is permissible without prior notice in the upper threshold range, the contracting authority may, using the the relevant standard notices form the decision to which bidder to be awarded the contract. "

6. Section 47 (5), first sentence reads:

" Where a contracting entity considers that the execution of an award procedure is permissible without prior notice in the sub-threshold range, the contracting authority may decide which tenderer to whom the contract is to be made. The contract is to be awarded in the publication medium defined for the respective full-education sector in accordance with § 44 (1). "

7. Section 48 (1) reads:

" (1) Without prejudice to the provisions of the General Administrative Procedure Act 1991 (AVG), BGBl, which are applicable to the deadlines in the review and assessment procedures. No. 51/1991, applies to the time limits within the meaning of this Federal Law § 903 of the General Civil Code (ABGB), JGS No. 946/1811, Application. "

8. The text of § 60 is given the sales designation "(1)". The following paragraph 2 is added:

" (2) The adjudicating entity shall also provide information on applicants, tenderers and their subcontractors who are eligible for the award of the contract, as a result of the administrative criminal law of the Vienna Regional Sickness Insurance Fund as a Competence Centre Wage and social dumping Combating (Competence Centre LSDB) according to § 7n of the Labour Contract Law Adaptation Act (AVRAG), BGBl. No 459/1993, whether this is to be attributed to a final decision in accordance with Section 7k AVRAG. This information may not be older than six months. "

9. Section 61 (1) of the second and third sentences reads as follows:

" The adjudicating entity shall also provide information on the candidates, tenderers and their subcontractors who are eligible for the award of the award, from the central administrative criminal case of the Federal Minister of Finance pursuant to § 28b of the Foreigners Employment Act (AuslBG), BGBl. No. 218/1975, and to obtain information from the administrative criminal law of the Competence Centre LSDB pursuant to § 7n AVRAG, whether this is to be attributed a final punishment pursuant to § 28 paragraph 1 Z 1 AuslBG or pursuant to § 7i paragraph 4 or 5 AVRAG. This information may not be more than six months old. '

10. In § 62 (1), the phrase "obtained information" is replaced by the phrase "obtained information"

.

11. Section 62 (3) of the second and third sentences reads as follows:

" In assessing the seriousness of the final punishment pursuant to Section 28 (1) (1) (1) of the AuslBG, the number of employees concerned and the duration of illegal employment and the assessment of the duration of the illegal employment the seriousness of the final punishment pursuant to Section 7i (4) or (5) of the AVRAG (AVRAG) must be taken into account, in particular, of the extent of the remuneration. If more than two legally binding punishments pursuant to Section 28 (1) (1) (1) of the German Act (AuslBG) or pursuant to Section 7i (4) or (5) of the AVRAG (AVRAG) have been carried out before or have passed two legally binding punishments within the last twelve months, a more stringent measure must be applied. "

12. In Section 68 (2), the reference "§ 60" is replaced by the reference "§ 60 Para. 1" .

13. The following paragraph 5 is added to Section 145:

" (5) For the entry into force of the Federal Act BGBl.  I n ° 7/2016, the following provisions shall apply:

1.

The revision of the entry to Annex V in the table of contents, § 3 Article 13 (3), third sentence, § 14 (5) third sentence, § 41 para. 2, § 47 para. 5 first sentence, § 48 para. 1, in § 60 the sales denomination of paragraph 1, § 60 para. 2, § 61 para. 1 second and third sentence, Section 62 (1) and (3), second and third sentences, § 68 (2), § 150 Z 4 and the heading to Annex V will enter into force on 1 March 2016.

2.

At the time of the in or Any award procedures which have already been initiated in accordance with Z 1 shall be completed in accordance with the legal situation in force at the time of the initiation of the respective award procedure. That at the time of the in or The Federal Administrative Court shall continue the proceedings pending before the Federal Administrative Court in accordance with the legal situation in force at the time of the initiation of the respective award procedure. With regard to the award procedures which have already been completed at the time of Z 1, the execution of the procedures for the award of the contract shall be based on the legal situation in force at the time of the initiation of the respective award procedure. '

14. The following Z 4 shall be added to § 150:

" 4.

Council Directive 2013 /16/EU of 13 May 2013 adapting some of the policies in the field the award of public contracts on the basis of the accession of the Republic of Croatia, OJ C No.  OJ L 158, 10.06.2013, p. 184. '

15. In the heading to Appendix V , the reference "§ 60 Z 1" is replaced by the reference "§ 60 paragraph 1 Z 1" .

Fischer

Faymann