491. Ordinance of the Federal Government concerning the flat fee for the use of the Federal Administrative Court in the matters of public procurement (BVwG-Flat-Rate Regulation Award-BVwG-PauschGebV Award)

Due to § 318 (1) (1) (1) of the Bundesvergabegesetz 2006-BVergG 2006, Federal Law Gazette (BGBl). I No 17/2006, as last amended by the Federal Law BGBl. I No No. 128/2013, and on the basis of § 135 of the Bundesvergabegesetz Defence and Security 2012-BVergGVS 2012, BGBl. I No 10/2012, as last amended by the Federal Law BGBl. I No 128/2013, in conjunction with Section 318 (1) (1) of the BVergG 2006, the following is prescribed:

Charge rates

§ 1. For applications in accordance with § § 320 (1) and 331 (1) and (2) BVergG 2006 and for applications pursuant to § 135 BVergGVS 2012 in conjunction with § § 320 (1) and 331 (1) and (2) of the BVergG 2006, the applicant has in each case one Flat fee to be paid:

Direct contributions	308 €
Direct charges with prior notice or after prior call for competition-construction contracts	1 026 €
Direct charges with prior notice or after prior call for competition-supply and service contracts	513 €
Procedure without notice in accordance with § § 37 Z 2 and 38 Abs. 2 Z 1 and 2 und Abs. 3 BVergG 2006	513 €
Construction contracts according to § 37 Z 1 BVergG 2006	1 026 €
Other construction orders in the subthreshold range	3 078 €
Other supply and service contracts and sub-threshold contests	1 026 €
Construction contracts in the upper threshold area	6 156 €
Supply and service contracts as well as competitions in the upper threshold sector	2 052 €

Increased fee rates

§ 2. (1) If the estimated order value or the order value exceeds the respective threshold value by more than ten times the threshold value specified in section 12 (1) and (2) and (2) and (2) of the BVergG 2006 and § 10 (1) BVergGVS 2012, the flat fee to be paid shall be three times the amount of the contract value. in accordance with § 1.

(2) If the estimated order value or the order value exceeds the threshold value specified in sections 12 (1) and (2) and 180 (1) and (2) of the BVergG 2006 and § 10 (1) BVergGVS 2012 by more than 20 times, the flat fee to be paid shall be six times the value of the contract value. in accordance with § 1.

(3) (1) and (2) apply to ideas competitions with the proviso that instead of the estimated order value or of the value of the contract is the sum of the prize money and payments to the participants as the basis for the increase in the flat fee.

(4) If the application relates only to the award of a lot, the amount of the flat-rate fee shall be determined in accordance with the provisions of paragraphs 1 and 2 of the estimated contract value or the estimated value of the order. the order value of the Loses.

Reduced fee rates

§ 3. (1) The flat fee to be paid by the applicant for applications for review of the tendering or competition documents or the invitation to submit a participation application is 25vH of the fixed or non-standard fee laid down in accordance with § 1. 10vH of the surcharge according to § 2.

(2) If an applicant has already submitted an application for a review of the tender or competition documents or the invitation to submit a request for participation in the same award procedure, the application shall be covered by the application for each further application after verification of the tender or competition documents or the invitation to submit a fee for participation in accordance with § 318 (1) Z 5 according to the fee reduced in accordance with paragraph 1.

(3) The fee rates referred to in paragraphs 1 and 2 shall be rounded off to the whole of the euro or to be rounded up.

entry into force

§ 4. (1) This Regulation shall enter into force on the expiry of 31 December 2013, at the same time as the Regulation BGBl. II No 130/2012.

(2) The existing fee rates shall apply to the procedures already pending at the time of entry into force.

Faymann Spindelegger Hundstorfer Kurz Stöger Mikl-Leitner Brandstetter Ruppory Klug Heinisch-Hosek Ostermayer Bures Mitterlehner Karmasin