Bvwg Flat-Rate Fees Regulation Award - Bvwg Pauschgebv Award

Original Language Title: BVwG-Pauschalgebührenverordnung Vergabe – BVwG-PauschGebV Vergabe

Read the untranslated law here: https://www.global-regulation.com/law/austria/2995732/bvwg-pauschalgebhrenverordnung-vergabe--bvwg-pauschgebv-vergabe.html

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491. Ordinance of the Federal Government concerning the flat-rate fee for the use of the Handelshof in matters of public procurement (BVwG flat-rate fees regulation award - BVwG PauschGebV Award)

On the basis of § 318 1 Z 1 of Federal procurement law 2006 - BVergG 2006, Federal Law Gazette I no. 17/2006, as last amended by Federal Law Gazette I no. No. 128 / 2013, and on the basis of § 135 of the Federal procurement law defence & Security 2012 - BVergGVS 2012, Federal Law Gazette I no. 10/2012, as last amended by Federal Law Gazette I no. 128/2013, in conjunction with article 318, paragraph 1 Z 1 BVergG 2006 is prescribed :

Rates

§ 1. For applications pursuant to the § 320 (1) and 331 (1) and 2 BVergG 2006 and for applications referred to in section 135 BVergGVS 2012 para 2006 has 1 and 2 BVergG relating to the sections 320, para 1 and 331 to pay a flat fee the applicant in accordance with the following provisions:

 





Direct Awards





€308







Direct contracts with prior notice or prior call for competition - works





1 €026







Direct contracts with prior notice or prior call for competition - supply and service contracts





€513







Procedure no. of 2 and 38 para 2 Nos. 1 and 2 and paragraph 3 without notice in accordance with the sections 37 BVergG 2006





€513







Works contracts pursuant to § 37 Z 1 BVergG 2006





1 €026







Other works in the threshold area





3 €078







Other delivery and service contracts, as well as competitions in the threshold area





1 €026







Construction jobs in the area of upper threshold





6 €156







Delivery and service contracts, as well as competitions in the area of upper threshold





2 €052





 

Increased fees

2. (1) if the estimated value of the contract or the contract value the respective in §§ 12 par. 1 and 2 and 180 para 1 and 2 BVergG 2006 and § 10 para 1 BVergGVS exceeds 2012 threshold by more than ten times, so is the flat charge three times of the fee set respectively in accordance with article 1 shall be subject to.

(2) if the estimated value of the order or the order value for the respective in §§ 12 par. 1 and 2 and 180 para 1 and 2 BVergG 2006 and § 10 para 1 BVergGVS exceeds 2012 threshold by more than the 20 times, so is the flat-rate fee six times of the fee set respectively in accordance with article 1 shall be subject to.

(3) apply paragraphs 1 and 2 for idea competitions with the proviso that the amount of contest prizes and payments to participants as the basis for the increase in the flat fee will be used in place of the estimated value of the order or of the value of the order.

(4) if the application relates only to the assignment of a lot, so the flat-rate fee is paragraphs 1 and 2 according to the estimated value of the contract or the contract value of the lot in accordance with.

Reduced rates

3. (1) is 25vH of established pursuant to section 1 or 10vH of the fee increased pursuant to section 2 of the applicant for requests for review of tendering or flat-rate fee to be paid competitive documents or the invitation to submit of a participation request.

(2) an applicant for the same procedure already tabled an amendment review the tendering and competition documents or the invitation to submit of a participation request, so the fee to be paid for any further request for review the tendering and competition documents or the invitation to submit of a participation request according to article 318, paragraph 1 Z 5 of the fee in accordance with paragraph 1 reduced will be determined.

(3) the fees referred to in paragraphs 1 and 2 are on the whole euro- or to round up.

Entry into force

4. (1) this regulation at the end of 31 December 2013 enter into force; at the same time, the regulation BGBl. No. 130/2012 override shall II.

(2) the previous fees apply procedures for already pending at the time of entry into force.

Faymann Spindelegger Hundstorfer Kurz of sands Mikl-Leitner Brandstetter Raj Klug Heinisch-Hosek Ostermayer Bures Mitterlehner Karmazin