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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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2016_I_7/BGBLA_2016_I_7.html

7 Federal law with the Federal Procurement Act 2006 and the Federal Procurement Act 2012 change defence and security

The National Council has decided:

Article 1

Amendment of the Federal Procurement Act 2006

The Federal law on the award of contracts (Federal Procurement Act 2006 - BVergG 2006), Federal Law Gazette I no. 17/2006, as last amended by Federal Law Gazette II No. 292/2014, is amended as follows:

1. in the table of contents "section 99a. account for after the entry Special treaty provisions concerning payment transactions"the entry"under article 5 special provisions for the lower threshold band"and the entry"§ 100th choice of the principle of contract"; the entry for section 231 reads "§ 231. request of the documents by the customer, proof of the power sector and professional reliability, evaluation of professional reliability"; After the new entry "§ 231. request of the documents by the customer, proof of the power sector and professional reliability, evaluation of professional reliability" is the entry "section 231a. Self-certification"added.

2. in article 2, after the paragraph 33a is inserted:



"33a. subcontractor is an entrepreneur who performs parts of the order issued to the contractor. The mere supply of commercially available goods or components which are necessary for the provision of a service, is no subcontractors performance."

3. in the articles 14, paragraph 3, third sentence, 15 para 4 third set and 16 par. 5 third sentence is at the end of the point by the phrase "; Loose. applies to the choice of the procedure as the estimated contract value of the individual"replaced.

4. in article 18, paragraph 1, the expression "§ 70 para 3," is omitted.

5 the following paragraph 4 is added to the section 22:

"(4) any subdivision of the job into lots is carried out, so the client has this in the invitation to tender or the contract award notice (article 136 para 1) to justify."

6 in § 46 para 3 and 79 para 2 the reference "section 71" is replaced by the reference "section 71, paragraph 1".

7 paragraph 49 paragraph 2:

"(2) If a client of the view is that the implementation of a procurement procedure without prior publication of notice in the upper sill is allowed, can the contracting authority of the Commission by using the relevant standard form for notices the decision announce, the surcharge is to be granted which bidder."

8 § 55 paragraph 5 first sentence reads:

"Unless a contracting authority for the view that the implementation of a procurement procedure without prior publication of notice in the threshold area is permissible, the customer may disclose the decision to awarded the contract which bidder, in the publication medium established in accordance with article 52, paragraph 1 for the scope of enforcement."

9 paragraph 56 section 1:

"(1) without prejudice to the deadlines in the examine and approval procedure to be applied provisions of the General administrative procedures Act 1991 (AVG), Federal Law Gazette No. 51/1991, takes on the deadlines in the meaning of this federal law section 903 of the General Civil Code (ABGB), DL No. 946 / 1811, application."

10. in article 70, paragraph 6 the reference "para 2 and 3" with the reference "2 to 4" will be replaced.

11. the text of section 71 is paragraph labeled (1). The following paragraph 2 is added:

"(2) the contractor has an information from the administrative criminal evidence of the Wiener Gebietskrankenkasse as competence centre for wage and social dumping to obtain combat (Kompetenzzentrum LSDB) in accordance with § 7n of the labor contract law adjustment Act (AVRAG), Federal Law Gazette No. 459/1993, attributable to k AVRAG whether this a final decision according to § 7 is candidates coming for the procurement procedures in considering, tenderers and their subcontractors. This information should not be older than six months."

12 § 72 ABS. 1 second and third sentence reads:

"The principal has candidates coming for the procurement procedures in considering, tenderers and their subcontractors receive information from the Central Administration criminal evidence of the Federal Minister of finance in accordance with section 28B of the aliens Employment Act (aliens), BGBl. to overtake No. 218/1975, and a report from the administrative penalty evidence of the competence center LSDB in accordance with § 7n AVRAG, whether this a legal punishment in accordance with article 28, paragraph 1 Z 1 aliens or attributed to pursuant to § 7i section 4 or 5 of the AVRAG." This information may not be older than six months. "

13. in article 73, paragraph 1, the phrase "collected information" is replaced by the phrase "collected information".

14 § 73 para 3 second and third sentence reads:

"In assessing the gravity of the final punishment in accordance with article 28, paragraph 1, Z is 1 aliens in particular, the number of workers involved and the duration of the illegal employment and in assessing the gravity of the final punishment in accordance with § 7i para 4 or 5 AVRAG is taken into account in particular the extent of low pay. "There are more than two final punishment in accordance with article 28, paragraph 1 Z 1 aliens or in accordance with section 7i para 4 or 5 AVRAG or two legal punishments were carried out within the last twelve months, a stricter yardstick to apply."

15 paragraph 79 subsection 3:

"(3) in the notice or in the tender documents is to specify whether the surcharge the technically and economically most favourable offer or - unless the quality standard of performance by the customer in technical, economic and legal terms is clear and clearly defined - the offer with the lowest price be given to." The supplement is to provide technically and economically best offer, anyway, when



1. it is a spiritual service (§ 2 Z 18) is, or 2. the contracting entities in the tender alternative offers specifically for permitted (§ 81 para 1) or 3. the description of the performance essentially functional (§ 95 para. 3) takes place or 4 is it services, does not admit a prior overall pricing after or because of the nature with the performance-related risks , and so a negotiated procedure is performed (article 28, paragraph 1 Z 3, article 29, paragraph 1 Z 2, article 30, paragraph 1 Z 2) or 5th in the tendering of suitable guidelines (§§ 97, para. 2 and 99 para 2) derogated from will and thus no comparable offers are expected or 6 the services to be provided in such a way are not so precisely that contractual specifications can be set , that the order can be awarded by the choice of the best offer in the open or restricted procedure with prior publication of notice (article 30, paragraph 1 Z 3), running 7 in future standing offer evaluation performance related or incidental cost effective factors (E.g. operating and maintenance, services, necessary spare parts warehousing, disposal) should be included or 8 is a construction job ", whose estimated value is at least 1 000 000 euros, or 9 is the procurement of foodstuffs according to CN code 02 (meat and edible meat offal), 0401 (cow's milk), 0405 (butter), 0407 (eggs), 0701-0709 (vegetables) and 0808-0810 (fruit) is it."

16. According to article 79, paragraph 3, the following paragraph 3a is inserted:

"(3a) the surcharge is to be granted to the technically and economically most favourable offer, so has the contracting authority in the contract notice or in the tender documents all award criteria, it stipulates how to use them to specify relative importance granted to them. This information can be done through establishing a margin, the largest bandwidth must be reasonable. The award criteria in the ratio of importance to comprehensible reasons is not possible according to the principal so the contracting authority in the contract notice or in the tender documents has all award criteria, it provides for their use, to specify in the order of importance to."

17 § 83 para 2 is as follows:

"(2) the Tenderer has all parts of the contract he intends to award by means of sub contracts to subcontractors, and each eligible subcontractors offer to announce. Derogation the principal objective reasons may specify in the tender documents, that only the parts specified by him of the order to which the offeror by means of sub contracts to subcontractors award intends, as well as the each eligible contractors offer to announce."

18. the section 83 be attached following paragraph 4 and 5:

"(4) the principal may for works or service contracts, as well as installation or installation work relating to a purchase order require that certain critical tasks by the bidder itself, from one with this related company (§ 2 Z 40), or - in the case of participation of a work or grouping the allocation procedure - by a member of this work or grouping must be executed."


(5) after contract award, the contractor has the contracting authority in writing and connection of all necessary evidence to examine the suitability of the subcontractor be communicated any intended change of a subcontractor or any intended use a subcontractor does not offer announced. The usage of these subcontractors the provision may only be without the prior consent of the customer. The consent of the client is, as well as a possible rejection, must be notified immediately and may be refused only for factual reasons. The consent of the customer is considered to have been granted, if the contracting authority has rejected the subcontractor within three weeks after receipt of the notice referred to in the first sentence. The necessary documents are not completely closed, the first sentence of the notification pursuant to the client shall immediately notify the contractor and to request him to submit of the outstanding documents. This prompt inhibits the continuity of the period laid down in the fourth set until the full submission of the required documents. The corresponding commitments to resolve are the offer."

19 § 84 para 2 first sentence reads:

"The customer has to provide in the invitation to tender, that the preparation of the offer for services to be provided in Austria, taking into account the labour and social regulations applicable in Austria (in particular of the relevant collective agreements, of the ArbeitnehmerInnenschutzgesetzes - after, Federal Law Gazette No. 450/1994, of the working hours Act - AZG, BGBl. No. 461/1969, of the work in peace law - ARG, BGBl. No. 144/1983, of the AVRAG and the equal treatment Act - GlBG, Federal Law Gazette I no. 66/2004) has to be done and that undertakes" ", in the implementation of the order in Austria to comply with these rules."

20 in the 2nd part, 3 main units, 6 section 5 sub-section is eliminated.

21. in article 108, paragraph 1, no. 2 by following Z is replaced 2 and 2a:



'2. public disclosure of all subcontractors of that relies, with proof that the offeror does indeed have its capacity the bidder to prove of his fitness on their capacities and the contracting authority has the necessary for the implementation of the overall order securities on the financial and economic capacity. Announcement of all parts of the order, which should be carried out by subcontractors or - to the intended unless the customer this has - provided in the tender documents for factual reasons only the essential parts of the order to which the offeror by means of sub contracts awarded to subcontractors. The potential subcontractors are to announce. The naming of several subcontractors per power unit is allowed. The liability of the contractor will not be affected by this information;

"2a. the respective undertakings pursuant to § 83 para 5;"

22 § 125 ABS. 4 Z 1 is:



"1 in the price of all essential positions all directly allocatable personnel, material, equipment, outwork - and capital costs are included and whether the income and consumption approaches, as well as personnel costs, these underlying collective agreements, are comprehensible offer particularly in regard to the;"

23. in the sections 182, paragraph 3, third sentence, 183 para 4 third set and 184 paragraph 5 third sentence is at the end of the point by the phrase "; Loose. applies to the choice of the procedure as the estimated contract value of the individual"replaced.

24. in article 186, paragraph 1, the expression "article 231 para 3," is omitted.

25 paragraph 210 paragraph 2:

"(2) If a sector procurer of the view is that the implementation of a procurement procedure without prior call for competition in the upper sill is allowed, can the sector contracting authority of the Commission by using the relevant standard form for notices the decision announce, the surcharge is to be granted which bidder."

26 section 219 paragraph 5 first sentence reads:

"Unless a sector contracting authorities of consider that the implementation of a procurement procedure without prior call for competition in the emerging area is permissible, the sector client may disclose the decision to awarded the contract which bidder, in the publication medium established in accordance with article 216, paragraph 1 for the scope of the execution."

27 paragraph 221 section 1:

"(1) without prejudice to the on time limits in the Nachprüfungs-and approval procedure to be applied provisions of the AVG ABGB is on time limits within the meaning of this Federal Act § 903 application."

28 § 231 including the heading is replaced by following sections 231 and 231a including headings:

"Desire of the documents by the customer, proof of the power sector and professional reliability, evaluation of professional reliability

§ 231. (1) the sector client has set, with which prove entrepreneurs who participate in a tendering procedure, their



1 professional power, 2. professional reliability, 3. financial and economic performance, as well as to have technical efficiency 4. Evidence may be set only as far as it is justified by the subject of the order. While the sector client has to take into account the legitimate interests of the contractor to protect of his technical or trade secrets.

(2) the contractor may lead evidence of power, reliability, and performance by proof of registration in a relevant, publicly available directory of third-party provided the documents specified by the contracting authority of the sector in the currency required by the contracting authority of the sector are this and directly accessible by the client of the sector. The entrepreneur can lead evidence of power, reliability and performance with other than the documents specified by the contracting authority of the sector, unless the specified documents for a justifiable reason can not be taught, and the submitted documents have the same validity as those originally laid. The proof of the same significance is to deliver from the contractor when requested.

(3) in the case of tenders by a consortium or a consortium, each Member has to prove the powers for the performance part specifically incurred to him in accordance with the section 231a.

(4) the sector client has as a proof for the existence of the relevant authority in accordance with paragraph 1 Z 1 about applicant coming for the award considering to obtain also a report from the administrative penalty evidence of the competence center LSDB in accordance with § 7n AVRAG bidders and their subcontractors, attributable to k AVRAG whether this a final decision in accordance with article 7. This information should not be older than six months.

(5) the sector principal Z 2 candidates coming for the procurement procedures in considering, bidders and their subcontractors at least has as proof for the existence of professional reliability pursuant to par. 1 information of central administrative punishment evidence of the Federal Minister of finance in accordance with obtaining section 28 b aliens and a report from the administrative penalty evidence of the competence center LSDB in accordance with § 7n AVRAG, whether this a legal punishment in accordance with article 28, paragraph 1 Z 1 aliens or attributed to pursuant to § 7i section 4 or 5 of the AVRAG. This information must be not older than six months.

(6) the sector client has to use the assessment of professional reliability of operator in particular the evidence required under paragraph 1 and the information collected in accordance with paragraph 5. Results from these certificates, that is a final judgment within the meaning of § 229 1 Z 1 or 4 or the sector contracting because of this certificates demonstrably establishes Z 5 within the meaning of § 229 1 a misconduct or the sector principal otherwise of such a judgment, such misconduct demonstrably become aware, so the required reliability is not given to this company , unless he makes it credible, that despite this circumstance he is reliable.

(7) to the Glaubhaftmachung within the meaning of paragraph 6, second sentence, the last half sentence has the entrepreneurs to demonstrate that he has taken concrete technical, organizational and personnel measures, which are likely to prevent further setting of the relevant criminal offences or misconduct. Considered as such measures



1. the introduction of a high-quality report and control system, 2. the intervention of an organ of the internal audit to the regular verification of compliance with the relevant regulations, 3. the introduction of internal liability and compensation rules to comply with the relevant legislation.


(8) the sector client has to consider the arguments of the operator and to put the measures taken by the contractor in relation to the number and the severity of the committed offences or misdemeanours in assessing the reliability. In assessing the gravity of the final punishment in accordance with article 28, paragraph 1, Z is 1 aliens in particular, the number of workers involved and the duration of the illegal employment and in assessing the gravity of the final punishment in accordance with § 7i para 4 or 5 AVRAG is taken into account in particular the extent of low pay. There are more than two final punishment in accordance with article 28, paragraph 1 Z 1 aliens or according to § 7i para 4 or 5 AVRAG or two legal punishments were carried out within the last twelve months, is a more stringent standard to apply.

Self-certification

section 231a. (1) candidates or tenderers can their power, reliability, and performance by the submission of a declaration have shown that they can meet the eligibility criteria required by the contracting authority of the sector and immediately teach the specified evidence prompted (self-certification). In such a declaration are the powers to specify that the contractor has specifically.

(2) in the case of the award of contracts, the sector client can demand certain evidence of certain candidates or tenderers if necessary according to the sector principal. For the award of contracts in the upper sill of the sector contracting authority prior to contract award has to request the submission of specified evidence of the tenderer in any case; for a public procurement into lots, this applies only when the estimated value of the individual lot reached the respective threshold referred to in article 180, paragraph 1.

(3) according to the par. 2 sector contracting authority may require the contractor, required evidence within a reasonable period of time or to complete proposed certificates within a reasonable period of time to explain. Evidence can be submitted also in copy or electronically."

29. in paragraphs 236 par. 2 and 248 para 6 is substituted the phrase "in accordance with § 231" with the phrase "in accordance with the § § 231 and 231a".

30 paragraph 236 paragraph 3:

"(3) in the call for competition, in the invitation to the inter food confirmation according to § 251, in the invitation to tender or to negotiate or in the tender documents is to specify whether the surcharge the technically and economically most favourable offer or - unless the quality standard of performance by the sector contracting entities in technical, economic and legal terms is clear and clearly defined - the offer with the lowest price be given to." The supplement is to provide technically and economically best offer, anyway, when



1. it is a spiritual service (§ 2 Z 18) is, or 2. the contracting entities in the tender alternative offers specifically for permitted (§ 238 section 1) or 3. the description of the performance essentially functional (section 245 subsection 3) takes place or 4 is it services, after or because of the nature with the performance-related risks do not allow a prior overall pricing , 5. a particularly complex job is it, because the principal is objectively not able to specify the technical specifications in accordance with section 247 (4), with which his needs and requirements can be met, or the legal or financial terms of his project, or 6 the services to be provided in such a way are not so precisely that contractual specifications can be set , by the choice of the best offer in the open or restricted procedure after prior call for competition can be procured, or running 7th in standing offer evaluation performance related future or accumulating cost effective factors (E.g. operating and maintenance, services, necessary spare parts warehousing, disposal) should be included or 8 a construction job is, whose estimated value is at least 1 000 000 euro ", or 9 to the procurement of foodstuffs according to CN code 02 (meat and edible meat offal), 0401 (cow's milk), 0405 (butter), 0407 (eggs), 0701-0709 (vegetables) and 0808-0810 (fruit) is there."

31. According to article 236, paragraph 3, the following paragraph 3a is inserted:

"(3a) the order is to be granted to the technically and economically most favourable offer, the sector client in the call for competition, in the invitation to the inter food confirmation according to § 251, in the invitation to tender or to negotiate or in the tender documents all award criteria, it provides for their use, to specify relative importance to. This information can be done through establishing a margin, the largest bandwidth must be reasonable. The award criteria in the ratio of importance to comprehensible reasons is not possible according to the sector contracting authority so the sector client in the call for competition, in the invitation to the inter food confirmation according to § 251, in the invitation to tender or to negotiate or in the tender documents has all award criteria, it provides for their use, to specify in the order of importance to."

32. paragraph 240 para 2 and 3:

"(2) the Tenderer has all parts of the contract he intends to award by means of sub contracts to subcontractors, and each eligible subcontractors offer to announce. Derogation, the sector contracting for factual reasons can set in the tender documents, that only the parts specified by him of the order to which the offeror by means of sub contracts to subcontractors award intends and each eligible subcontractors on offer are to announce.

(3) the transfer of the entire order or parts of the performance, the power required for the execution of its part is only to the extent permissible, as the subcontractor, has performance as well as the professional reliability. The subcontractor can prove necessary power, performance and professional conduct in accordance with the section 231a."

33. the § 240 be attached following paragraph 4 and 5:

"(4) the sector principal may for works or service contracts, as well as installation or installation work relating to a purchase order require that certain critical tasks by the bidder itself, from one with this related company (§ 2 Z 40), or - in the case of participation of a work or grouping the allocation procedure - by a member of this work or grouping must be executed."

(5) after contract award, the contractor has the sector client in writing and connection of all necessary evidence to examine the suitability of the subcontractor be communicated any intended change of a subcontractor or any intended use a subcontractor does not offer announced. The usage of these subcontractors the provision may be only with the prior consent of the sector principal. The consent of the sector principal is, as well as a possible rejection, must be notified immediately and may be refused only for factual reasons. The consent of the sector principal is considered to have been granted if the sector contracting authority has rejected the subcontractor within three weeks after receipt of the notice referred to in the first sentence. The necessary documents are not completely closed, the first sentence of the notification pursuant to the sector client shall immediately notify the contractor and to request him to submit of the outstanding documents. This prompt inhibits the continuity of the period laid down in the fourth set until the full submission of the required documents. The corresponding commitments to resolve are the offer."

34. in section 247a, paragraph 7, the reference is replaced "par. 1 to 4" with the reference "paragraphs 1 to 5".

35. paragraph 248 paragraph 7:

"The provisions apply (7) for the choice of the award criteria in the emerging area of article 236 par. 3 and 3a."

36. in article 257, para. 1, no. 2 by following Z is replaced 2 and 2a:



'2. public disclosure of all subcontractors relies, with proof that the offeror does indeed have its capacity the bidder to prove of his fitness on their capacities and the sector client has the necessary for the implementation of the overall order securities on the financial and economic capacity. Announcement of all parts of the order, which should be carried out by subcontractors or - to the intended unless the sector principal this - provided in the tender documents for factual reasons only the essential parts of the order to which the offeror by means of sub contracts awarded to subcontractors. The potential subcontractors are to announce. The naming of several subcontractors per power unit is allowed. The liability of the contractor will not be affected by this information;

2A.

the corresponding undertakings in accordance with article 240 paragraph 5;"

37. § 267 par. 2 No. 2 is:



"2. in accordance with the § § 231 and 231a the power, performance, and reliability of the tenderer or - transfer services - the designated subcontractor;"

38. paragraph 271 section 1:

"(1) the offers that remain after the departure of the surcharge in accordance with the specifications in the invitation to tender is to provide technically and economically best offer or the offer with the lowest price."

38A. Article 292, paragraph 1 reads:

(1) the Federal Administrative Court "rules in the Affairs of the section 291, insofar as not withdraw a review request to the decision on an application for issuing a preliminary injunction, the decision on fees replacement in accordance with article 319, paragraph 3 or the decision about a procedure setting after, in-person divisions."

39. paragraph 332 paragraph 7:

"(7) an application under section 331, paragraph 1 Z 2 is also inadmissible when the principal in a permissible manner according to established that decision pursuant to §§ 49 para 2, 55 paragraph 5, has posted 210 paragraph of 2 or 219 paragraph 5 or made known and the contract after expiry of a period of ten days after the initial availability has been given the notice."

40. the section 345 18 the following paragraph is added:

"(18) for the entry into force of the Federal Act Federal Law Gazette I no. 7 / 2016 redrafted provisions, the following applies:"



1. the revised version of the entry to § 231 and the insertion of the entry to 231a section in the table of contents, section 2 Z 33a, section 14, subsection 3 third sentence, § 15 para 4 third sentence, § 16 par. 5 third sentence, article 18, paragraph 1, article 22 para 4, § 46 para 3, § 49 para 2, § 55 paragraph 5 first sentence, § 56 para 1, § 70 para 6, in § 71 the paragraph designation of paragraph 1 , Section 71, paragraph 2, article 72, paragraph 1 second and third sentences, section 73, paragraph 1 and paragraph 3 second and third sentences § 79 paragraph 2, 3 and 3a, § 83 para 2, 4 and 5, section 84, paragraph 2 first sentence, section 108, paragraph 1 Z 2 and 2a, § 125 ABS. 4 Z 1, section 182 paragraph 3 third sentence, section 183 (4) third sentence, article 184 para 5 third sentence , Article 186, paragraph 1, article 210, par. 2, article 219, paragraph 5 first sentence, section 221, paragraph 1, paragraphs 231 and 231a each together with headline, article 236 paragraph 2, 3 and 3a, § 240 para 2-5, section 247a paragraph 7, § 248 par. 6 and 7, article 257, paragraph 1 No. 2 and 2a, § 267 par. 2 Z 2, § 271 par. 1, article 292, paragraph 1, section 332 paragraph 7, section 351 Z 22 and annex XV section F Z 1 apply with March 1, 2016; at the same time, 5. sub-section override step 6 section the entry to the 5 subsection in the 2nd part, 3 main units, 6 section and the entry for section 100 in the table of contents, as well as in the 2nd part, 3 main units.

2. the procurement procedures already initiated at the time of in - or expiry referred to in no. 1 are according to the legal situation at the time of the introduction of the respective procurement procedure to finish. The proceedings at the time of the in - or expiry referred to in no. 1 at the Federal Administrative Court are to continue by the Federal Administrative Court according to the legal situation at the time of the introduction of the respective procurement procedure. With regard to the procurement procedures, which are already finished at the time referred to in subpara 1, carrying out approval procedures according to the legal situation at the time of the introduction of the respective procurement procedure depends."

41. the section 351 is added following Z 22:



"22 Directive 2013/16/EC of the Council of May 13, 2013 to adapting certain directives in the field of public procurement as a result of the accession of the Republic of Croatia OJ No. L 158 of the 10.06.2013, S. 184."

42. in annex XV section F, no. 1 is the phrase "or § 231" replaced by the phrase "or the § § 231 and 231a".

Article 2

Amendment of the Federal Procurement Act defence & Security 2012

The Federal law on the award of contracts in the defence and security sectors (Federal Procurement Act defence & Security 2012 - BVergGVS 2012), Federal Law Gazette I no. 10/2012, as last amended by Federal Law Gazette II No. 99/2014, is amended as follows:

1. in the table of contents is the reference "section 60 Z 1" in the entry on Annex V by the reference "article 60, paragraph 1 Z 1" replaced.

2. in article 3, Z 32 by following Z 32 and 32a is replaced:



"32. sub contract is a paid contract for the execution of part of the order issued to the contractor.

32A. subcontractor is an entrepreneur who performs parts of the order issued to the contractor. The mere delivery of goods or components which are necessary for the provision of a service, is no subcontractors performance."

3. § 9 para 1 No. 3 is:



"3. for orders, the special rules of procedure are subject to and are awarded on the basis of one between the Republic of Austria and one or more other Member States of the European Union and one or more third countries completed (International) agreement or agreement or (International) agreement concluded on the basis of one between the Republic of Austria and one or more third countries, or understanding," 4. In the articles 12, paragraph 3, third sentence, 13 para 4 third set and 14 paragraph 5 third sentence is at the end of the point by the phrase "; Loose. applies to the choice of the procedure as the estimated contract value of the individual"replaced.

5. paragraph 41 paragraph 2:

"(2) If a client of the view is that the implementation of a procurement procedure without prior publication of notice in the upper sill is allowed, can the contracting authority of the Commission by using the relevant standard form for notices the decision announce, the surcharge is to be granted which bidder."

6 § 47 para 5 first sentence reads:

"Unless a contracting authority for the view that the implementation of a procurement procedure without prior publication of notice in the threshold area is permissible, the customer may disclose the decision to awarded the contract which bidder, in the medium of publication established in accordance with article 44, paragraph 1 for the scope of enforcement."

7 paragraph 48 para 1:

"(1) without prejudice to the deadlines in the examine and approval procedure to be applied provisions of the General administrative procedures Act 1991 (AVG), Federal Law Gazette No. 51/1991, takes on the deadlines in the meaning of this federal law section 903 of the General Civil Code (ABGB), DL No. 946 / 1811, application."

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

"(2) the contractor has an information from the administrative criminal evidence of the Wiener Gebietskrankenkasse as competence centre for wage and social dumping to obtain combat (Kompetenzzentrum LSDB) in accordance with § 7n of the labor contract law adjustment Act (AVRAG), Federal Law Gazette No. 459/1993, attributable to k AVRAG whether this a final decision according to § 7 is candidates coming for the procurement procedures in considering, tenderers and their subcontractors. This information should not be older than six months."

9 § 61 para 1 second and third sentence reads:

"The principal has candidates coming for the procurement procedures in considering, tenderers and their subcontractors receive information from the Central Administration criminal evidence of the Federal Minister of finance in accordance with section 28B of the aliens Employment Act (aliens), BGBl. to overtake No. 218/1975, and a report from the administrative penalty evidence of the competence center LSDB in accordance with § 7n AVRAG, whether this a legal punishment in accordance with article 28, paragraph 1 Z 1 aliens or attributed to pursuant to § 7i section 4 or 5 of the AVRAG." This information may not be older than six months. "

10. in article 62, paragraph 1, the phrase "collected information" is replaced by the phrase "collected information".

11 § 62 para 3 second and third sentence reads:

"In assessing the gravity of the final punishment in accordance with article 28, paragraph 1, Z is 1 aliens in particular, the number of workers involved and the duration of the illegal employment and in assessing the gravity of the final punishment in accordance with § 7i para 4 or 5 AVRAG is taken into account in particular the extent of low pay. "There are more than two final punishment in accordance with article 28, paragraph 1 Z 1 aliens or in accordance with section 7i para 4 or 5 AVRAG or two legal punishments were carried out within the last twelve months, a stricter yardstick to apply."

12. in article 68, paragraph 2 the reference "section 60" with the reference "article 60 par. 1" will be replaced.

13 the following paragraph 5 is added to § the 145:

"(5) for the entry into force of the Federal Act Federal Law Gazette I no. 7 / 2016 redrafted provisions, the following applies:"



1. the revised version of the entry on Annex V in the table of contents, § 3 Z 32 and 32a, section 9, paragraph 1 Z 3, article 12, para. 3 third sentence, § 13 para 4 third sentence, § 14 para 5 third sentence, § 41 para 2, § 47 para. 5 first sentence, § 48 para 1, § 60 the paragraph designation of para 1, § 60 paragraph 2, article 61, paragraph 1 second and third sentences , Article 62, paragraph 1 and paragraph 3 second and third sentence, § 68 para 2, § 150 Z 4 and the heading to annex V apply with March 1, 2016.

2.

The procurement procedures already initiated at the time of in - or expiry referred to in no. 1 are according to the legal situation at the time of the introduction of the respective procurement procedure to finish. The proceedings at the time of the in - or expiry referred to in no. 1 at the Federal Administrative Court are to continue by the Federal Administrative Court according to the legal situation at the time of the introduction of the respective procurement procedure. With regard to the procurement procedures, which are already finished at the time referred to in subpara 1, carrying out approval procedures according to the legal situation at the time of the introduction of the respective procurement procedure depends."

14 4 is added to § the 150 following Z:



"4. Directive 2013/16/EC of the Council of May 13, 2013 to adapting certain directives in the field of public procurement as a result of the accession of the Republic of Croatia OJ No. L 158 of the 10.06.2013, S. 184."

15 in the title the reference to annex V is "section 60 Z 1" with the reference "article 60, paragraph 1 Z 1" replaced.

Fischer

Faymann