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 Act, with which the Federal Law of the Law in 2006 and the Federal Law on Defence and Security will be amended in 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 " the entry " 5. Subsection Special provisions for the sub-threshold range " and the entry " § 100. Choice 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 " ; after the new entry " § 231. Demand of the evidence by the sector contractor, proof of power and professional reliability, assessment of professional reliability " the entry " § 231a. Egg clarification " inserted.

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

" 33a.

Subcontractor shall be an entreponent who shall carry out parts of the order issued to the contractor. The mere delivery of commercially available goods or components necessary for the provision of a service is not a subcontractor performance. "

3. In § § 14 (3) third sentence, 15 para. 4, third sentence, and 16 para. 5, third sentence, at the end of the point by the phrase " ; for the choice of the procedure, the value of the individual lot shall be considered as estimated order value. " replaced.

4. In § 18 (1) the term " "§ 70 (3)," .

(5) The following paragraph 4 is added to § 22:

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

6. In § § 46 (3) and (79) (2) the reference "§ 71" in each case by the reference "§ 71 (1)" replaced.

Section 49 (2) reads as follows:

" (2) Where a contracting authority considers that the execution of an award procedure is permissible without prior notice in the upper threshold range, the contracting entity may, by using the relevant standard form, apply to the Commission for: Notice the decision to indicate to which bidder the contract is to be awarded. "

The first sentence of Article 55 (5) reads as follows:

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

Section 56 (1) reads as follows:

" (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, shall apply to the time limits within the meaning of this Federal Law § 903 of the General Civil Code (ABGB), JGS No. 946/1811. "

10. In § 70 (6) the reference " 2 and 3 " by reference " 2 to 4 " replaced.

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

" (2) In addition, the adjudicating entity shall provide information on candidates, 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 Health Insurance Fund as a centre of competence for wage and social dumping. Fight (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. § 72 (1) second and third sentence reads:

" In addition, the adjudicating entity shall provide information on the candidates, tenderers and their subcontractors who are eligible for the award of the contract, from the central administrative penalty of the Federal Minister of Finance in accordance with Section 28b of the Foreign 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 older than six months. "

13. In Section 73 (1), the word order shall be "fetched information" through the phrase "Information gathered" replaced.

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

" In assessing the seriousness of the final punishment in accordance with Section 28 (1) (1) (1) of the AuslBG, the number of employees concerned and the duration of illegal employment and the severity of the final legal penalty shall be assessed. 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 more than two legally binding punishments pursuant to Section 28 (1) (1) (1) of the German Federal 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. "

Section 79 (3) reads as follows:

' (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 technical, economic and economic, the contract must be and legal aspects 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:

1.

it is a mental service (§ 2 Z 18), or

2.

the adjudicating entity expressly declares that alternative offers are admissible in the tender (Article 81 (1)) or

3.

the description of the performance is essentially functional (section 95 (3)), or

4.

they are services which, by their very nature, do not allow a prior global pricing of the risks associated with the provision of services, and therefore a negotiated procedure is carried out (Section 28 (1) (3), Section 29 (1)). 1 Z 2, § 30 (1) (2)) or

5.

shall be dismissed in the invitation to tender of appropriate guidelines (§ § 97 (2) and (99) (2)) and thus no comparable offers are to be expected; or

6.

the services to be provided are such that contractual specifications cannot be determined in such a way as to ensure that the contract is awarded by the choice of the best offer in open or non-open procedures with prior notice may be awarded (Section 30 (1) (3)), or

7.

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

8.

it is a construction contract, the estimated value of which is at least EUR 1 000 000; or

9.

it is the procurement of food in accordance with CN code 02 (meat and edible offal), 0401 (cow's milk), 0405 (butter), 0407 (eggs), 0701-0709 (vegetables) and 0808-0810 (fruit). "

16. In accordance with § 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 which it provides for their use in the ratio of the contracts awarded to them. to indicate the relevant importance. 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, the use of which it provides, shall be indicated in the order of importance attributed to them. "

17. § 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 tender. "

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, require that certain critical tasks be carried out by the tenderer himself, by a person connected with the said contract. Companies (§ 2 Z 40), or-in the case of the participation of a working party or a bidding community in the award procedure-must be executed by a member of this working or bidding community.

(5) After the award of the contract, the contractor has any intended change of a subcontractor or any intended execution of a subcontractor not known in the offer to the client in writing and after all to the To verify the suitability of the subcontractor concerned to verify the suitability of the subcontractor 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. "

The first sentence of Article 84 (2) reads as follows:

" 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 employment and social legislation in force in Austria (in particular: 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 § 108 (1), Z 2 shall be replaced by the following Z 2 and 2a:

" 2.

Notification of all subcontractors whose capacity is based on the evidence of their suitability, on the basis of the evidence that the tenderer actually has the capacity to carry out his or her capacity and the contracting authority responsible for carrying out the Total order required guarantees of financial and economic performance. 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 declarations of commitment in accordance with Section 83 (5); "

22. § 125 (4) Z 1 reads:

" 1.

in the price of all essential items, all the personnel, materials, equipment, foreign and capital costs which can be directly assigned are included, and whether the rates of expenditure and consumption, as well as the personnel costs, are included, in particular with regard to the costs of the Offer on the basis of collective agreements, which are comprehensible; "

23. In § § 182 (3), third sentence, 183 (4), third sentence, and 184 (5), third sentence, at the end of the period, the phrase shall be replaced by the phrase " ; for the choice of the procedure, the value of the individual lot shall be considered as estimated order value. " replaced.

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

Section 210 (2) reads as follows:

" (2) Where a sector contracting authority considers that the implementation of a procurement procedure without prior call for competition in the upper threshold area is permissible, the sector donor of the Commission may, by using the relevant Standard forms for notices make the decision known to which bidder is to be awarded the contract. "

26. § 219 para. 5, first sentence reads:

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

27. § 221 (1) reads:

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

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

" Demand for evidence by the sector donor, proof of competence and professional reliability, assessment of professional reliability

§ 231. (1) The sector contracting authority shall determine the evidence with which entrepreneurs who participate in a procurement procedure have their own

1.

professional competence,

2.

professional reliability,

3.

financial and economic performance as well as

4.

technical performance

have been shown. 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 his 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, in so far as he/she is responsible for the registration of a third party by the sector are available in the timeliness requested by the sector order giver and are directly accessible by the sector 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 consortium or a community of tenderers, each member shall have the power to prove the part of the benefit to which it is subject in accordance with § 231a.

(4) The sector contracting authority shall, in addition, provide evidence of the existence of the relevant authority referred to in paragraph 1 (1) (1) on candidates, tenderers and their subcontractors eligible for the award of the contract, from the In accordance with § 7n AVRAG, to obtain a legally binding decision in accordance with § 7k AVRAG (German 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 Directive on candidates, tenderers and subcontractors who are eligible for the award of the award, from the central Administrative penalty of the Federal Minister of Finance pursuant to § 28b AuslBG and to obtain information from the Administrative Criminal Law of the Competence Centre LSDB pursuant to § 7n AVRAG, whether this is a final punishment pursuant to Section 28 (1) (1) (1) of the AuslBG (German Federal Ministry for Finance) or in accordance with Section 7i (4) or (5) of the AVRAG. This information may not be more than six months old.

(6) The sector contractor shall, in particular, assess the professional reliability of the entreprentier on the basis of the evidence required in accordance with paragraph 1 and the information obtained pursuant to 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) In the case of the credibility referred to in the second sentence of the second sentence of paragraph 6, the employer shall state that he has taken specific technical, organisational or staffing measures which are likely to result in the re-establishment of the relevant punishable acts or Prevent misconduct. Such measures shall apply, for example:

1.

the introduction of a high-quality report and control system,

2.

the inclusion of an organ of the internal audit for the periodic review of compliance with the relevant provisions;

3.

the introduction of internal liability and compensation schemes in order to comply with the relevant rules.

(8) The sector donor shall examine the submission of the contractor and, in the assessment of the reliability, shall assess the measures imposed by the contractor in relation to the number and seriousness of the offences committed 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 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 after two legally binding punishments within the last twelve months, a more stringent measure must be applied.

Egg declaration

§ 231a. (1) Applicants or tenderers may also give evidence of their power, reliability and performance by submitting a declaration that they meet the eligibility criteria required by the sector contractor and that the specified evidence shall be applied to: be able to provide an immediate request (egg declaration). Such a declaration shall specify the powers on which the trader has concretely.

(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 relevant threshold 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 248 (6) the word order shall be "pursuant to § 231" in each case by the word sequence "in accordance with § § 231 and 231a" replaced.

30. § 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, it shall be stated whether the contract is awarded to the technical and economic the most favourable offer, or, if the quality standard of performance by the sector donor is clearly defined in technical, economic and legal terms, the offer with the lowest price. In any case, the contract shall be awarded to the most technically and economically advantageous tender, if:

1.

it is a mental service (§ 2 Z 18), or

2.

the adjudicating entity expressly declares that alternative offers are admissible in the tender (section 238 (1)) or

3.

the description of the performance is essentially functional (Section 245 (3)), or

4.

they are services which, by their very nature, do not allow for prior global pricing, or because of the risks associated with the provision of services, or

5.

it is a particularly complex order, because the client is objectively unable to comply with the technical specifications referred to in Article 247 (4), with which his needs and requirements can be met, or the legal or legal requirements. to indicate the financial terms of the project; or

6.

the services to be provided are such that contractual specifications cannot be determined in such a precise manner that the contract is awarded by choosing the best offer in open or non-open procedures after prior call for competition can be awarded, or

7.

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

8.

it is a construction contract, the estimated value of which is at least EUR 1 000 000; or

9.

it is the procurement of food in accordance with CN code 02 (meat and edible offal), 0401 (cow's milk), 0405 (butter), 0407 (eggs), 0701-0709 (vegetables) and 0808-0810 (fruit). "

31. In accordance with § 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 confirm the interest referred to in Article 251, have in the invitation to tender or submit tenders. all criteria for the award of the award, the use of which it provides for, to be specified in the relationship between the meaning given to them, or in the tender documents. 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. § 240 (2) and (3) reads as follows:

" (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 tender.

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

33. The following paragraphs 4 and 5 are added to § 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 tenderer himself, by one of these tasks, (§ 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 execution of a sub-contractor not known in the offer to the sector applicant in writing and under connection with shall communicate all the documents necessary 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 " 1 to 4 " by reference " 1 to 5 " replaced.

Article 248 (7) reads as follows:

"(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 shall be replaced by the following Z 2 and 2a:

" 2.

Notification of all subcontractors whose capacity is based on the evidence of their suitability, on the basis of the evidence that the tenderer actually has the capacity to carry out his or her capacity, and the sector contractor responsible for carrying out the Total order required guarantees of financial and economic performance. 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 declarations of commitment pursuant to Section 240 (5); "

Section 267 (2) Z 2 reads as follows:

" 2.

the power, performance and reliability of the bidder, or -in the case of transfers of benefits-the well-known subcontractors; "

Section 271 (1) reads as follows:

"(1) From the offers which remain after leaving, the contract shall be awarded to the most technically and economically advantageous tender or to the offer with the lowest price in accordance with the information provided in the tender."

38a. § 292 (1) reads as follows:

" (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 release of an injunction, the decision on the fee replacement pursuant to Section 319 (3) or the Decision on a procedural adjustment after withdrawal of a review request, in senates. "

39. § 332 (7) reads:

" (7) An application in accordance with § 331 (1) (2) is also inadmissible if the client has given or disclosed in an admissible manner the duly substantiated decision in accordance with § § 49 (2), 55 (5), 210 (2) or 219 (5) or Article 219 (5) of the application and the The contract has been awarded after a period of ten days following the initial availability of the contract notice. "

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

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

1.

The recast of the entry to § 231 and the insertion of the entry to § 231a in the table of contents, § 2 Z 33a, § 14 paragraph 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 (1), § 70 (6), in § 71 the sales denomination of paragraph 1, § 71 para. 2, § 72 para. 1 second and third sentence, § 73 para. 1 and subsection 3 second and third sentence, § 79 para. 2, 3 and 3a, § 83 para. 2, 4 and 5, § 84 para. 2 first sentence, § No. 108 (1) (2) and (2a), § 125 (4) (1) (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, respectively, together with the title, § 236 (2), (3) and (3a), § 240 (2) to (5), § 247a (7), § 248 (6) and (7), § 257 (1) (2) and (2a), § 267 (2) (2) (2), § 271 (1), § 292 (1), § 332 (7), § 351 Z 22 and Annex XV Section F Z 1 will enter into force on 1 March 2016; 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.

That 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 certain directives in the field of the award of public contracts by reason of the accession of the Republic of Croatia, OJ L 327, 31.12.2013, p. No. OJ L 158, 10.06.2013, p. 184.

42. In Annex XV, Section F, Z 1, the word sequence shall be: " or Section 231 " through the phrase " or § § 231 and 231a " replaced.

Article 2

Amendment to the Bundesvergabegesetz Defence and Security 2012

The Federal Act on the award of contracts in defence and security matters (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 entry to Annex V by reference "§ 60 para. 1 Z 1" replaced.

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

" 32.

SubOrder is a contractual contract for the execution of a part of the order issued to the contractor.

32a.

Subcontractor is an entreponent who carries out parts of the order issued to the contractor. 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 contracts subject to specific procedural rules and concluded between the 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 international agreement or arrangement concluded between the Republic of Austria and one or more third countries, "

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

5. § 41 (2) reads:

" (2) Where a contracting authority considers that the execution of an award procedure is permissible without prior notice in the upper threshold range, the contracting entity may, by using the relevant standard form, apply to the Commission for: Notice the decision to indicate to which bidder the contract is to be awarded. "

Section 47 (5) first sentence reads as follows:

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

Section 48 (1) reads as follows:

" (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, shall apply to the time limits within the meaning of this Federal Law § 903 of the General Civil Code (ABGB), JGS No. 946/1811. "

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

" (2) In addition, the adjudicating entity shall provide information on candidates, 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 Health Insurance Fund as a centre of competence for wage and social dumping. Fight (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. § 61 (1) second and third sentence reads:

" In addition, the adjudicating entity shall provide information on the candidates, tenderers and their subcontractors who are eligible for the award of the contract, from the central administrative penalty of the Federal Minister of Finance in accordance with Section 28b of the Foreign 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 older than six months. "

10. In § 62 (1) the word order shall be "fetched information" through the phrase "Information gathered" replaced.

11. § 62 para. 3 second and third sentence reads:

" In assessing the seriousness of the final punishment in accordance with Section 28 (1) (1) (1) of the AuslBG, the number of employees concerned and the duration of illegal employment and the severity of the final legal penalty shall be assessed. 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 more than two legally binding punishments pursuant to Section 28 (1) (1) (1) of the German Federal 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 § 68 (2), the reference "§ 60" by reference "§ 60 (1)" replaced.

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

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

1.

The recast version of the entry Annex V in the table of contents, § 3 Z 32 and 32a, § 9 para. 1 Z 3, § 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, in § 60 the sales designation of the para. 1, § 60 para. 2, § 61 para. 1 second and third sentence, § 62 (1) and (3) second and third sentence, § 68 (2), § 150 Z 4 and the heading to Annex V shall enter into force on 1 March 2016.

2.

That 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 is added to § 150:

" 4.

Council Directive 2013 /16/EU of 13 May 2013 adapting certain directives in the field of the award of public contracts by reason of the accession of the Republic of Croatia, OJ L 327, 31.12.2013, p. No. OJ L 158, 10.06.2013, p. 184.

15. In the heading to Annex V the reference "§ 60 Z 1" by reference "§ 60 para. 1 Z 1" replaced.

Fischer

Faymann