Amendment Of The Federal Procurement Act 2006 And The Federal Procurement Law Defence & Security 2012 (Bvergg And Bverggvs Novel 2013)

Original Language Title: Änderung des Bundesvergabegesetzes 2006 und des Bundesvergabegesetzes Verteidigung und Sicherheit 2012 (BVergG und BVergGVS Novelle 2013)

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128. Federal Law, with which the Bundesvergabegesetz 2006 and the Bundesvergabegesetz Defence and Security 2012 are amended (BVergG and BVergGVS Novelle 2013)

The National Council has decided:

Article 1

Amendment of the Federal Law for the Law of 2006

The Federal Procurement Act 2006-BVergG 2006, BGBl. I No 17/2006, as last amended by BGBl. I No 51/2012, shall be amended as follows:

1. In the table of contents, after the entry " § 80. Special provisions relating to the procurement of road vehicles " the entry " § 80a. Special provisions relating to energy efficiency in supply and service contracts in the upper threshold area " inserted and after the entry " Annex XIX: Data for the calculation of certain external costs of road vehicles incurred throughout the life cycle " the entry " Annex XX: Requirements for energy efficiency according to § 80a " .

2. In the table of contents, after the entry " § 87. Barrier-free building " the entry " § 87a. Special provisions relating to payment transactions " , after the entry " § 99. Contract provisions " the entry " § 99a. Special provisions relating to payment transactions " , after the entry " § 241. Compliance with labour and social law provisions " the entry " § 241a. Special provisions relating to payment transactions " and after the entry § 247. Technical Specifications " the entry " § 247a. Special provisions relating to payment transactions " inserted.

3. The entry in the table of contents before § 245 reads:

" 3. Subsection

The performance description and special provisions on the contract for contract award procedures in the upper threshold area "

4. The entries for the 4. The part and the headings of the table of contents are:

" 4. Part
Legal protection before the Federal Administrative Court

1. Main item
Jurisdiction, expert lay judges, exclusion and rejection

§ 291.

Jurisdiction of the Federal Administrative Court

Section 292.

Senate jurisdiction and composition

§ 293.

Expert lay judges

§ 294.

Task of the Chairman

§ 295.

Incompatibility

§ 296.

Exclusion of expert lay judges and rejection by the parties

2. Main piece
Special provisions relating to the proceedings of the Federal Administrative Court in the matters of public procurement

Section 1
General provisions

§ 311.

Procedural law to be applied

§ 312.

Responsibility

§ 313.

Obligation to provide information

§ 314.

File View

§ 315.

Deliveries

§ 316.

Oral proceedings before the Federal Administrative Court

§ 318.

Fees

§ 319.

Due rate

Section 2
Review procedures

§ 320.

Initiation of proceedings

§ 321.

Time limits for follow-up applications

Section 322.

Content and admissibility of the verification request

§ 323.

Notice of initiation of proceedings and a negotiation

§ 324.

Parties to the review procedure

§ 325.

Annulment of decisions of the contracting authority

§ 326.

Decision deadline

§ 327.

Mutwillenspenalties

Section 3
Injunction

§ 328.

Application

§ 329.

Dismissal of the injunction

§ 330.

Procedural provisions

Section 4
Determination procedures

§ 331.

Initiation of proceedings

§ 332.

Content and admissibility of the assessment request

§ 333.

Procedural provisions

§ 334.

Determination of breaches of the law, annulment and imposition of sanctions

§ 335.

Uneffective explanation of the revocation "

5. § 2 Z 41 reads:

" 41.

Procurement control authorities Entities subject to the control of the award of this Federal Act are appointed administrative authorities or administrative courts under the authority of the contracting authority subject to this Federal Act. "

6. In § 11, first sentence, the reference "49" by reference "49, 87a, 99a" replaced.

7. § § 19 and 187 shall be added in each case the following paragraph 7:

" (7) In the award procedure, innovative aspects can be taken into consideration. This may be done, in particular, by taking into account innovative aspects in the description of the performance, the definition of the technical specifications, or the establishment of specific award criteria. "

8. In § 41 (1) the reference "42 (2)" by reference "42 para. 2, 87a, 99a" replaced.

9. In § 41a (1), the reference "43 (1) and (2)" by reference "43 (1) and (2), 87a, 99a" replaced.

10. In accordance with § 80, the following § 80a and heading is inserted:

" Special provisions concerning energy efficiency in supply and service contracts in the upper threshold sector

§ 80a. (1) The Annex V , in the award of supply contracts in the upper-threshold sector, the contracting entities must ensure that the products procured are to be supplied to the Annex XX , to the extent that this is compatible with the principles of the award procedure referred to in Article 19, in particular the principles of free and fair competition and the award of reasonable prices.

(2) The Annex V , in the case of the award of service contracts in the area of the upper threshold, contracting entities shall ensure that the provision of the services in question shall only use goods which are the subject of the contract. Annex XX , to the extent that this is compatible with the principles of the award procedure referred to in Article 19, in particular the principles of free and fair competition and the award of reasonable prices. This requirement shall apply only to new goods purchased by service providers exclusively or in part for the provision of the services concerned. "

11. In accordance with § 87, the following § 87a with title is inserted:

" Special provisions relating to payment transactions

§ 87a. (1) The invitation to tender shall not contain any provisions concerning the date of payment or the compensation for the costs of the operation of the contract, which are grossly unfair to entrepreneurs within the meaning of Section 459 (2) and (5) of the UGB.

(2) The contracting authority may set a time limit for payment in the invitation to tender. The payment period shall not exceed 30 days, except

1.

it is objectively justified on the basis of the particular nature or characteristics of the contract, or

2.

The predominant activity of the contracting entity or the organisational unit for which the procurement procedure is carried out shall be the provision of healthcare services.

However, the payment period may in no case exceed 60 days.

(3) The contracting authority may, in the invitation to tender, provide information on the maximum duration of a legal or contractual acceptance or verification procedure for the determination of the service provision in accordance with the contract. The duration of this acceptance or verification procedure shall not exceed 30 days from the receipt of the goods or the provision of the construction or service. The contracting authority's stipulations are only permissible if these are not grossly disadvantageous for entrepreneurs. In order to assess the gross negligence, account should be taken, in particular, of the extent to which the duration of the proposed acceptance or verification procedure differs from the exercise of the actual traffic, whether there is a factual reason for this deviation. and the subject matter of which it is acting.

(4) The invitation to tender shall not include any information on the earliest possible date of receipt of the invoice by the contracting entity.

(5) In the invitation to tender, the client may not set a default interest rate, the amount of which is less than the statutory interest rate laid down in § 456 of the German Commercial Code (UGB).

(6) The possibility of an agreement of instalment payments shall not be affected by the provisions of paragraphs 1 to 5. "

12. In accordance with § 99, the following § 99a with headline is inserted:

" Special contractual provisions concerning payment transactions

§ 99a. (1) Provisions in the performance contract concerning the payment date or the compensation for the costs of payment, which are grossly disadvantageous for entrepreneurs within the meaning of § 459 (2) and (5) of the UGB, are void.

(2) The adjudicating entity may set a payment period in the contract of performance. The payment period may not exceed 30 days for any other invalidity, except

1.

it is objectively justified on the basis of the particular nature or characteristics of the contract, or

2.

The predominant activity of the contracting entity or the organisational unit for which the procurement procedure is carried out shall be the provision of healthcare services.

However, the payment period may in no case exceed 60 days for any other non-payment.

(3) The contract of performance may contain provisions relating to the maximum duration of a legal or contractual acceptance or verification procedure for the determination of the contractual service provision. The duration of this acceptance or verification procedure shall not in principle exceed 30 days from the receipt of the goods or the provision of the construction or service in the event of any other invalidity. Agreements which deviate from this are only permissible if they have been expressly laid down in all tender documents and are not grossly disadvantageous for the contractor. In order to assess the gross negligence, account should be taken, in particular, of the extent to which the duration of the proposed acceptance or verification procedure differs from the exercise of the actual traffic, whether there is a factual reason for this deviation. and the subject matter of which it is acting.

(4) Agreements in the power contract for the earliest possible date of receipt of the invoice by the client are void.

(5) The agreement of a default interest rate in the performance contract, the amount of which is less than the statutory interest rate set in § 456 UGB, is void.

(6) The possibility of an agreement of instalment payments shall not be affected by the provisions of paragraphs 1 to 5.

(7) The invalidity provided for in paragraphs 1 to 5 may not be invoked,

1.

if the corresponding provision could have been challenged before the contracting authorities in a review procedure, or

2.

if the competent contracting authority has recognised the appropriate provision in a review procedure as legitimate. "

13. In § 141 (1) the reference "98" by reference "87a, 98, 99a" replaced.

14. In § 142 (1), the reference "91 to 94, 98" by reference "87a, 91 to 94, 98, 99a" replaced.

15. In § 145 (2), third sentence, the word order shall be "with other nullity" through the phrase "with other absolute nullity" replaced.

16. In § 177 (1) the reference is made "210" by reference "210, 241a, 247a" replaced.

17. In § 201 (1) the reference "192 (9)" by reference "192 para. 9, 241a, 247a" replaced.

18. In § 201a (1), the reference "232" by reference "232, 241a, 247a" replaced.

19. In accordance with § 241, the following § 241a and heading is inserted:

" Special provisions relating to payment transactions

§ 241a. (1) The invitation to tender shall not contain any provisions concerning the date of payment, the interest rate or the compensation for the costs of the payment, which are grossly unfair to entrepreneurs within the meaning of Section 459 (2), (4) and (5) of the UGB.

(2) The sector donor may set a time limit for payment in the invitation to tender. The payment period shall not exceed 30 days, except

1.

it is objectively justified on the basis of the particular nature or characteristics of the order,

2.

the sector donor shall be a public undertaking in accordance with Section 165;

3.

the sector donor is a private sector contractor in accordance with § 166.

However, the payment period may in no case exceed 60 days.

(3) The sector donor may, in the invitation to tender, provide information on the maximum duration of a legal or contractual acceptance or verification procedure for the determination of the contractual service provision. The duration of this acceptance or verification procedure shall not exceed 30 days from the receipt of the goods or the provision of the construction or service. The contracting authority's stipulations are only permissible if these are not grossly disadvantageous for entrepreneurs. In order to assess the gross negligence, account should be taken, in particular, of the extent to which the duration of the proposed acceptance or verification procedure differs from the exercise of the actual traffic, whether there is a factual reason for this deviation. and what contract performance it is.

(4) The invitation to tender shall not include any information on the earliest possible date of receipt of the invoice from the sector-provider.

(5) Sector lenders in accordance with § 164 may not set a default interest rate in the invitation to tender, the amount of which is less than the statutory interest rate laid down in § 456 UGB.

(6) The possibility of an agreement of instalment payments shall not be affected by the provisions of paragraphs 1 to 5. "

The title and heading according to § 244 are:

" 3. Subsection

The performance description and special provisions on the contract for contract award procedures in the upper threshold area "

21. According to § 247, the following § 247a with headline is inserted:

" Special contractual provisions concerning payment transactions

§ 247a. (1) Provisions in the performance contract relating to the payment date, the default interest rate or the compensation for the cost of payment, which are grossly disadvantageous for entrepreneurs within the meaning of § 459 (2), (4) and (5) of the UGB, are void.

(2) The sector donor may set a payment period in the contract of performance. The payment period may not exceed 30 days for any other invalidity, except

1.

it is objectively justified on the basis of the particular nature or characteristics of the order,

2.

the sector donor shall be a public undertaking in accordance with Section 165;

3.

the sector donor is a private sector contractor in accordance with § 166.

However, the payment period may in no case exceed 60 days for any other non-payment.

(3) The contract of performance may contain provisions relating to the maximum duration of a legal or contractual acceptance or verification procedure for the determination of the contractual service provision. The duration of this acceptance or verification procedure shall not in principle exceed 30 days from the provision of the service in the event of any other invalidity. Agreements which deviate from this are only permissible if they have been expressly laid down in all tender documents and are not grossly disadvantageous for the contractor. In order to assess the gross negligence, account should be taken, in particular, of the extent to which the duration of the proposed acceptance or verification procedure differs from the exercise of the actual traffic, whether there is a factual reason for this deviation. and the subject matter of which it is acting.

(4) Agreements in the contract of performance of the earliest possible date of receipt of the invoice by the sector donor shall be null and void.

(5) The agreement of a default interest rate in the performance contract with a sector investor pursuant to § 164, the amount of which is less than the statutory interest rate set in § 456 UGB, is void.

(6) The possibility of an agreement of instalment payments shall not be affected by the provisions of paragraphs 1 to 5.

(7) The invalidity provided for in paragraphs 1 to 4 may not be invoked,

1.

if the corresponding provision could have been challenged before the contracting authorities in a review procedure, or

2.

if the competent contracting authority has recognised the appropriate provision in a review procedure as legitimate. "

(22) The following paragraph 12 is added to § 248:

"(12) The provisions relating to payment transactions in accordance with § § 241a and 247a shall apply to the tendering procedure and the performance contract in the sub-threshold range."

23. In § 280 (1), the reference "247" by reference "241a, 247, 247a" replaced.

24. The 4. Part with headline is:

" 4. Part

Legal protection before the Federal Administrative Court

1. Main item

Jurisdiction, expert lay judges, exclusion and rejection

Jurisdiction of the Federal Administrative Court

§ 291. The Federal Administrative Court is responsible for deciding on applications for the illegality of the conduct of an adjudicating entity in the matters of public procurement, in so far as it is a contracting authority which is acting in accordance with Art. 14b (2) Z 1 B-VG fall into the Federal Republic of Germany's full education sector.

Senate jurisdiction and composition

Section 292. (1) The Federal Administrative Court shall decide in the affairs of Section 291, in so far as it is not the decision on a request for the release of an injunction, in senates.

(2) The senate consists of one member as chairman and two expert lay judges as co-chairs. From the professional lay judges, one must belong to the circle of the clients and the other to the contractor.

Expert lay judges

§ 293. (1) The competent lay judges shall have at least five years ' relevant professional experience or special knowledge of the award system in legal, economic or technical terms. Appropriate precautions must be taken to ensure that a sufficient number of professional lay judges are available on a timely basis.

(2) The expert lay judges of the client side are appointed on a proposal of the Austrian Chamber of Commerce and the Federal Chamber of Architects and Engineers.

(3) The expert lay judges of the client side shall be appointed on a proposal by the Federal Minister for Economic Affairs, Family and Youth and the Federal Chamber of Labour.

Task of the Chairman

§ 294. The Chairperson shall immediately communicate all documents relevant to the decision to the competent lay judges or, if this is strictly necessary in order to ensure the confidentiality of documents, to be made available.

Incompatibility

§ 295. The Federal Administrative Court must not belong to the Federal Administrative Court as an expert lay judge: the Federal President, members of the Federal Government or of a state government, State Secretaries, the President of the Court of Auditors, members of the People's Office of the Federal or federal state, mayors, presidents of a national school council (Stadtschulrat für Wien), members of the European Parliament, members of the commission as well as members of the Constitutional Court or of the Administrative Court.

Exclusion of expert lay judges and rejection by the parties

§ 296. (1) The competent lay judges shall be excluded from participation in a decision in respect of those award procedures concerning the award of contracts in the sphere of action of the institution to which they belong or which they belong to in accordance with Article 294 (1). proposed.

(2) The parties to a procedure pursuant to this Part of this Federal Act may refuse members of the Federal Administrative Court and expert lay judges, stating the reasons. The decision on the motion for a rejection shall be taken by the President. If the request for rejection concerns the President, the Vice-President shall decide on the rejection request. If both the President and the Vice-President are rejected, the request for rejection shall be decided upon by the oldest Member of his/her life years.

2. Main piece

Special provisions relating to the proceedings of the Federal Administrative Court in the matters of public procurement

Section 1

General provisions

Procedural law to be applied

§ 311. Insofar as in this federal law and in the Administrative Court Procedure Act-VwGVG, BGBl. I No 33/2013, nothing else is determined, the provisions of the AVG, with the exception of § § 1 to 5 and of the IV. to apply in the proceedings before the Federal Administrative Court in accordance with this Federal Act in accordance with the applicable law.

Responsibility

§ 312. (1) The Federal Administrative Court shall decide, in accordance with the provisions of this section, on applications for the implementation of review procedures (2). Section), for the release of injunction (3. Section) and the implementation of procedures (4). Section). Such requests shall be submitted directly to the Federal Administrative Court.

(2) Up to the award of the award, until the revocation of an award procedure, the Federal Administrative Court shall be responsible for the purpose of the elimination of infringements of this Federal Act and the regulations issued for this purpose or of infringements of Union law directly applicable to the European Union

1.

for the release of injunctions, and

2.

for the annulment of separately countervailable decisions of the contracting authority within the framework of the objections raised by the applicant.

(3) The Federal Administrative Court shall be responsible for the award of the award.

1.

in the context of the objections raised by the applicant, in order to establish whether, in the event of a breach of this federal law, the regulations or directly applicable Union law which have been issued for this purpose, the award does not, in accordance with the provisions of the tender has been awarded to the offer with the lowest price or the most technically and economically advantageous tender;

2.

in a procedure pursuant to Z 1, 4 and 5, at the request of the contracting authority, to establish whether the applicant would not have had a genuine chance to grant the contract, even if the relevant provisions were complied with;

3.

to determine whether an award procedure is unlawful without prior notice or notice, or was carried out without prior call for competition;

4.

to determine whether the surcharge is unlawful without notification of the award decision in accordance with § § 131 and 272 was granted;

5.

to determine whether the award in respect of the award of a service pursuant to a framework agreement or a dynamic purchasing system was unlawful because of an infringement of Section 152 (4) to (6), § 158 (2) to (5) or § 290 (2) to (5);

6.

in a procedure pursuant to Z 3 to 5 for the annulment or annulment of the contract;

7.

in a procedure pursuant to Z 3 to 5 for the imposition of sanctions in accordance with Section 334 (7).

(4) According to the statement of the withdrawal of an award procedure, the Federal Administrative Court is responsible

1.

in the context of the objections raised by the applicant, in order to establish whether the revocation was unlawful because of an infringement of this Federal Law, the regulations or directly applicable EU law which had been issued for this purpose;

2.

in a procedure in accordance with Z 1, at the request of the contracting authority, to establish whether the applicant would not have had a genuine chance to grant the contract, even if the relevant provisions were complied with;

3.

to determine whether the revocation is unlawful without notice or announcement of the decision of revocation in accordance with § § 140 and 279 has been declared;

4.

in a procedure in accordance with Z 1 and 3 for the declaration of ineffectiveness in accordance with Section 335.

(5) Up to the award of the award, the Federal Administrative Court is responsible for determining whether the adjudicating entity has exceeded the time limit for the award and, contrary to the tenderer's request, the continuation of the contract until the declaration of the withdrawal of a contract award procedure. The proceedings shall not be terminated by either a declaration of revocation or an award of an award or the proceedings shall continue to be carried out in an appropriate manner.

Obligation to provide information

§ 313. (1) The adjudicating entity or entities subject to the scope of this Federal Act have to provide the Federal Administrative Court with all the information necessary for the performance of their duties and to submit all the necessary documents for this purpose. The same shall apply to the operators involved in a contract award procedure.

(2) Where a contracting authority, a contracting authority or an entrepellant has not submitted documents, does not provide information or provides information, but does not submit the documents of the award procedure, the Federal Administrative Court may, if the contracting authority or the contractor has been expressly referred to above as a result of the claims made by the non-defaulting person.

File View

§ 314. Parties and interested parties may, when submitting documents to the Federal Administrative Court, request that certain documents or components of documents are required for overriding reasons of general interest or for the protection of technical or technical aspects of the general interest. trade-related trade secrets shall be exempted from the inspection of the file. The relevant documents or components of documents shall be referred to in the case of their submission.

Deliveries

§ 315. To the extent that the Federal Administrative Court is aware of the fax number or electronic address of a party known in the award procedure, or in so far as the Federal Administrative Court has a fax number or an electronic address from the party concerned. has been announced, the Federal Administrative Court has sent written accusations to this address.

Oral proceedings before the Federal Administrative Court

§ 316. (1) As far as neither Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, BGBl. No 210/1958, and Article 47 of the Charter of Fundamental Rights of the European Union, OJ L 327, 31.12.1958, p. No. OJ C 83, 30.03.2010, p. 389, the hearing may be omitted, irrespective of a party's request, if:

1.

the motion-introductory request is to be rejected; or

2.

the Federal Administrative Court has adopted an other procedural decision, or

3.

on the basis of the file situation, it is already established that the procedural motion is accepted or that it is to be dismissed.

(2) The applicant shall apply for the conduct of a trial in the review or assessment request. The contracting authority and any defendant shall be given the opportunity to submit a request for the conduct of a hearing within a reasonable period of time which shall not exceed one week. An application for the conduct of a hearing can only be effectively withdrawn with the consent of the other parties.

Fees

§ 318. (1) For applications in accordance with § § 320 (1), 328 (1) and § 331 (1) and (2), the applicant shall pay a flat fee in accordance with the following provisions:

1.

The flat fee is to be paid in accordance with the fee rates to be determined by the Federal Government by means of a Regulation. Bidders and working groups have to pay the flat fee only once. The rates shall be fixed in accordance with the ratio of the procedural expenditure effected by the application to the benefit to be obtained for the applicant. The fee rates shall be classified according to objective characteristics. The objective characteristics are, in particular, the subject matter of the contract, the nature of the procedure carried out, the fact whether it is a request for a review of the invitation to tender or the invitation to submit a request for participation or other Separately countervailable decisions or whether it is a tendering procedure in the upper threshold range or in the sub-threshold range.

2.

The fixed fee rates shall be reduced or increased annually to the extent to which the consumer price index 2010 or the index to which it is replaced by the Federal Statistical Office of Austria (Bundesanstalt Statistik Österreich) has been changed in relation to the the index number on which the last fixing was based. The Federal Chancellor, following the publication of the index number which is relevant for June of the current year, has to make known the newly established fee rates in the Federal Law Gazprom. The newly established fee rates shall apply from the month's end of the customer's order.

3.

The flat-rate fees are to be paid by cash payment, by deposit with a debit card, by debit card or by credit card. The permissible types of enrigeny exceeding the cash payment and deposit with the seizure slip shall be determined by the Federal Administrative Court in accordance with the existing technical and organisational conditions and shall be known accordingly. .

4.

For applications pursuant to § 328 paragraph 1, a fee of 50 vH of the fixed fee is to be paid.

5.

If an applicant has already submitted an application pursuant to § 320 (1) or § 331 (1) or (2) to the same award procedure, a fee shall be paid by the applicant for any further application pursuant to § 320 (1) or § 331 (1) or (2) of this application. in the amount of 80 vH of the fixed fee.

6.

Where the application relates only to the award of a lot, the estimated value of which is not achieved by the relevant threshold in accordance with Articles 12 and 180, only the flat-rate fee for the procurement procedure corresponding to the lot shall be: Under-threshold area to be paid.

7.

Where an application is withdrawn before the oral proceedings are carried out or, if oral proceedings are not carried out, before the recognition or decision has been released, only a fee of 75 vH shall be charged for the relevant To pay the fee fixed or reduced according to Z 5. Additional amounts already paid shall be reimbursed.

8.

The fee rates or Fees in accordance with Z 1 and 2 as well as 4 to 7 are to be rounded off to the whole euro or round.

(2) For applications pursuant to paragraph 1 and proceedings before the Federal Administrative Court, fees shall not apply in accordance with the Fees Act.

Due rate

§ 319. (1) The applicant, even if only partially the applicant, is entitled before the Federal Administrative Court to replace his fees paid in accordance with § 318 by the client. The applicant shall also be entitled to reimbursement of his fees paid in accordance with § 318 if he is made unflawable during the pending proceedings.

(2) A right to a replacement of the fees for an application for an inconsant shall only exist if:

1.

the request for review (main request), and

2.

the application has been granted on a request for an inconscription or the application for an inconscription has been dismissed only because of a weighing of interests.

(3) The Federal Administrative Court shall decide on the replacement of the fees at the latest three weeks from the date on which it is established that there is a claim for fee replacement.

Section 2

Review procedures

Initiation of proceedings

§ 320. (1) An entrepreer may, until such time as it has been granted, or until the revocation declaration, the verification of a separately countervailable decision by the contracting authority in the award procedure for unlawfulness, provided that:

1.

it claims an interest in the conclusion of a contract subject to the scope of this federal law, and

2.

it has caused or threatens to be caused by the alleged illegality.

(2) Is the agreement between the access to the agreement on the departure and the announcement of the award decision; the decision of revocation shall be shorter than the time limit laid down in § 321, a tenderer shall be entitled to leave the decision together with the award decision or the revocation decision in a request within the time limit for the dispute the award decision or the time-limit granted to the withdrawal decision.

(3) No suspensive effect shall be applied to the application for review in respect of the award procedure in question.

(4) Where the same separately contested decision is challenged by several entrepreneurs, the Federal Administrative Court shall combine the procedures for the joint negotiation and decision. A separate procedure shall be admissible if it is in the interests of convenience, simplicity and cost savings.

Time limits for follow-up applications

§ 321. (1) Applications for the verification of a separately contested decision shall be submitted within 10 days of a notification of the decision by electronic means or by means of telefax and in the case of a notice of the decision, in the case of a decision to be taken within 10 days. Transmission on a letter-by-letter basis within 15 days. The time limit shall begin with the despatch of the decision or with the initial availability of the notice.

(2) In the case of the implementation of a procurement procedure in the sub-threshold range, the time limit shall be shortened-except in the case of the challenge of a decision voluntarily announced in accordance with § § 55 (5) or 219 (5)-to be shortened to seven days.

(3) In the case of a direct award, the period shall be seven days from the date on which the applicant has become aware or may have obtained the separately countervailable decision.

(4) Applications for the examination of the invitation to tender and the invitation to submit a request for participation may extend beyond the periods referred to in paragraphs 1 and 2 not later than seven days before the date of expiry of the offer period, the time limit for submission of the request. If this period is more than 17 days, you will be able to take part in the competition or the time limit for participation. If the tender, competition or auction documents, description of the requirements and requirements for the competitive dialogue, information on the performance to be awarded and on the further course of the procedure in the case of direct award of the contract, prior notice or after prior call for competition or the invitation to submit a request for participation is sent by a letter, the extension of the period of review does not take place until the offer period, the deadline for submission of the competition work or the participation period more than 22 Days.

Content and admissibility of the verification request

Section 322. (1) A request pursuant to Section 320 (1) shall contain in any case:

1.

the exact name of the award procedure in question and the contested decision, which is to be appealed separately,

2.

the exact name of the contracting authority and the applicant, including their fax number or electronic address,

3.

a presentation of the relevant facts, including the interest in the conclusion of the contract, in particular in the fight against the award decision, the name of the bidder envisaged for the contract;

4.

information on the alleged threat or damage which has already occurred to the applicant;

5.

the specific name of the law in which the applicant considers himself to be infringed;

6.

the grounds on which the allegation of illegality is based,

7.

an application for the annulment of the contested separately contested decision; and

8.

the information required to assess whether the application has been submitted in good time.

(2) In any case, the application shall be inadmissible in the following cases where:

1.

it is not directed against a decision which can be challenged separately;

2.

it is not placed within the time limits referred to in § 321, or

3.

in spite of a request for improvement, it was not properly repaid.

(3) If the invitation to tender contains an incorrect indication of the competent contracting authority, the application shall also be made within the time limit laid down in section 321 if it has been submitted to the contracting authority indicated in the invitation to tender. . If the invitation to tender does not include an indication of the competent contracting authority, the application shall also be made within the time limits specified in section 321 if it has been submitted to a contracting authority which is not manifestly uncompetent.

Notice of initiation of proceedings and a negotiation

§ 323. (1) The receipt of a verification request shall be immediately announced on the Internet.

(2) The notice shall, in any event, include:

1.

the name of the adjudicating entity and the contract award procedure concerned in accordance with the information provided in the review request (§ 322 (1) (Z) and (2));

2.

the designation of the separately countervailable decision in accordance with the information in the review request (Section 322 (1) (1) (1));

3.

the indication of the consequences of the award according to § 324 (3).

(3) The adjudicating entity referred to in the review request shall be notified without delay by the Chairman of the Senate from the receipt of the verification request; this communication shall contain the information referred to in paragraph 2 (2) (1) and (2).

(4) In the case of the fight against an award decision, the tenderer who has been accepted for the award is in any case to be notified without delay by the chairman of the Senate from the receipt of the verification request; this understanding has the same effect as in paragraph 2. shall be included.

(5) In the case of a review procedure, it is also necessary to make the announcement of a public oral proceedings on the Internet; in any case, this presentation must also contain the information provided for in paragraph 2.

(6) In review procedures relating to the review of an award decision, the tenderer who has been accepted for the award is to be notified of the convening of a public oral hearing.

Parties to the review procedure

§ 324. (1) Parties to the review procedure before the Federal Administrative Court are, in any case, the applicant and the client.

(2) Parties to the review procedure shall also be those entrepreneurs who may be adversely affected by the decision sought by the applicant directly in their legal protected interests (defendant); in particular, in the case of: the fight against the award decision of the bidder for the award of the award-winning party of the review procedure.

(3) The tenderer who has been accepted in an award decision for the award shall lose his party status if he fails to submit his reasoned objections to the decision sought by the applicant within ten days from the date of delivery of the An agreement on the initiation of the review procedure (§ 323 para. 4). Other parties within the meaning of paragraph 2 lose their party status if they do not raise their justified objections to the decision sought by the applicant within ten days from the announcement of the initiation of proceedings in accordance with § 323 (1). If oral proceedings take place before the expiry of these periods, the objections may be levied at the latest at the oral proceedings. Section 42 (3) of the AVG shall apply mutatily.

(4) If several entrepreneurs have challenged the same separately countervailable decision of the adjudicating entity, they shall be entitled to party status in all review procedures relating to this decision.

Annulment of decisions of the contracting authority

§ 325. (1) The Federal Administrative Court shall declare null and void a separately contested decision of an adjudicating entity in the course of a contract award procedure, if:

1.

it infringes the applicant in the law he has made in accordance with Article 322 (1) (5) of this Directive, or a decision which has not been subject to a separate appeal, and

2.

the illegality of the outcome of the award procedure is of substantial influence.

(2) The annulment of illegal decisions also includes the deletion of requirements which discriminate against entrepreneurs with regard to technical performance characteristics, as well as the economic or financial situation. Performance in the tendering procedure or in any other document of the award procedure.

Decision deadline

§ 326. Applications for the annulment of decisions of an adjudicating entity shall be taken without delay, no later than 6 weeks after the application has been submitted.

Mutwillenspenalties

§ 327. In the review procedure, Section 35 of the AVG applies, with the proviso that the maximum limit for Mutwillenspenalties amounts to one per cent of the estimated order value, but not more than 20 000 euros. § 19 of the Administrative Criminal Law 1991-VStG, BGBl, is for the assessment of the Mutwillenspenalty. No 52/1991, mutatily.

Section 3

Injunction

Application

§ 328. (1) The Federal Administrative Court shall, at the request of an entrepellant who does not appear to have a lack of the conditions for the application in accordance with Section 320 (1), immediately order, by means of a temporary inversion, provisional measures which are necessary and appropriate shall appear in order to remove or prevent injury to the applicant's interests resulting from the alleged unlawfulness of a separately countervailable decision or imminent.

(2) The application for the release of an injunction must be included:

1.

the exact name of the award procedure in question, the decision to be taken separately and the contracting authority and the applicant, including their fax number or electronic address,

2.

a presentation of the relevant facts as well as the presentation of the conditions set out in § 320 (1),

3.

the exact name of the alleged illegality,

4.

the precise presentation of the imminent threat of injury to the applicant ' s interests and a credibility of the relevant facts,

5.

the exact name of the coveted provisional measure; and

6.

the information required to assess whether the application has been submitted in good time.

(3) If a request for a review of the alleged illegality has not yet been filed, the application for the release of an injunction shall be admissible only if, before the expiry of the time limit laid down in § 321 for the assertion of the claim. of the illegality in question.

(4) If a request for the release of an injunction is made in good time, but as a further consequence of the expiry of the period referred to in § 321 no admissible follow-up request to combat the deadline in the application for the release of the The procedure for the release of the injunction shall cease to be formless, or if an application for an injunction has been withdrawn after the application deadline has expired. In this case, an insinuating order shall be made available at the end of the period referred to in § 321. by the date of withdrawal of the verification request. The applicant and the adjudicating entity shall be notified of the expiry of the inversion of the inconsant.

(5) The Bundesverwaltungsgericht (Federal Administrative Court) has provided the contracting authority with a request for a request for a request for injunction, which underlies the grant of the contract, the conclusion of the conclusion of a framework agreement, the refusal of the contract Declaration of revocation or omission of the opening of the offer shall be sought without delay. Applications for injunction, which desire the failure to grant the contract, the failure to conclude a framework agreement, the failure to declare the withdrawal or the omission of the opening of the offer, shall be subject to the following: Access to the agreement from the receipt of the application until the decision on the application suspensive effect. The contracting authority may, pending a decision on the application

1.

in the case of other invalidity, do not award the contract or conclude the framework agreement, or

2.

in the case of other invalidity, do not revoke the award procedure, or

3.

do not open the offers.

(6) The Federal Administrative Court shall, in the notification to the contracting authority, draw attention to the legal consequences of the application from the receipt of an application for a request for inconscription.

(7) A request for the release of an injunction is inadmissible if, in spite of a request to improve the application, the application has not been properly redeemed.

Dismissal of the injunction

§ 329. (1) Prior to the release of an injunction, the Federal Administrative Court shall have the foreseeable consequences of the measure to be taken for all the interests of the applicant, the other candidates or tenderers and the applicant, who may have been adversely affected. to weigh any particular public interest in the continuation of the award procedure against each other. If this consideration gives an impression of the adverse consequences of an injunction, the application for the dismissal of the injunction is to be dismissed.

(2) A surcharge issued against an order in an injunction, the conclusion of a framework agreement, or the declared revocation of the award procedure is absolutely void or Ineffective.

(3) The entire award procedure or individual decisions of the contracting authority may be temporarily suspended until the decision of the Federal Administrative Court of the Federal Administrative Court on any annulment of the annulment or any other decision by the contracting authority. appropriate measures are to be taken. In this case, the most relevant provisional measure which is still to be achieved is to be provided.

(4) In a temporary disposition, the time for which this disposition is made shall be determined. The invalidity period shall expire after the expiry of the specified period, but at the latest with the decision of the Federal Administrative Court on the application for a declaration of invalidity, in which the alleged illegality is asserted. The Federal Administrative Court shall immediately, on request or on its own initiative, waive the injunction immediately, as soon as the conditions which led to its release have been omitted. The Federal Administrative Court shall extend the injunction immediately upon request or on its own initiative, if the conditions which led to its release continue after the expiry of the specified period.

(5) The injunctions shall be enforceable immediately.

Procedural provisions

§ 330. (1) No public oral proceedings must be carried out in the procedure for the release of a single injunction.

(2) Parties to the procedure for the release of an injunction shall be the applicant and the contracting entity.

(3) In the event of requests for a request for an injunction, the decision shall be taken immediately, but at the latest within seven working days after the application has been submitted. If the request for improvement had to be set back, it must be decided at the latest within ten working days. The time limit shall be maintained if the execution has been shown to have been sent to all parties before the expiry of the period.

(4) In proceedings concerning the release of an injunction, Section 35 of the AVG shall apply, with the proviso that the maximum limit for Mutwillenspenalties is one per cent of the estimated order value, but not more than 20 000 euro. § 19 VStG is to be applied in a reasonable way for the determination of the mutwills penalty.

Section 4

Determination procedures

Initiation of proceedings

§ 331. (1) An entreptite who has had an interest in the conclusion of a contract under the scope of this Federal Act may, if the alleged illegality has caused or threatens to result in damage to the contract, the request that:

1.

the contract for a breach of this federal law, the regulations or directly applicable Union law which has been issued for this purpose, does not, in accordance with the information provided in the invitation to tender, not the offer with the lowest price or the technical and the most economically advantageous tender has been issued, or

2.

the execution of an award procedure without prior notice or without prior call for competition for infringement of this federal law, which was unlawful in the case of regulations or directly applicable EU law, or

3.

the award of the award without notice of the award decision in accordance with § § 131 and 272 because of an infringement of this Federal Law, which was unlawful in this respect, or which was unlawful in the case of Union law, or

4.

the contract for the award of a service pursuant to a framework agreement or a dynamic purchasing system was unlawful because of an infringement of § 152 (4) to (6), § 158 (2) to (5) or § 290 (2) to (5), or

5.

the declaration of the withdrawal of an award procedure due to a breach of this federal law, which was unlawful in the case of regulations or directly applicable European Union law.

The applicant may apply for a number of findings in accordance with § 312 (3) Z 1 to 4 in a request. In the event of a request for a determination pursuant to Z 1 and 3 to 5, the contracting authority may request the finding that the applicant would not have had a genuine chance to grant the contract even if the relevant provisions were complied with. In the event of a request for a determination pursuant to Z 2 to 4, the contracting authority may request that the contract be annulled or that the contract be repealed at the earliest with the date of the decision of the Federal Administrative Court.

(2) A tenderer who has had an interest in the conclusion of a contract subject to the scope of this Federal Act and which has caused or threatens to be caused by the proceeding of the contracting authority may, the determination request that the contracting authority, after having exceeded the time limit for the award of the contract and contrary to the tenderer's request for the continuation of the proceedings, shall not end a procedure either by a declaration of revocation or by the award of a contract or by the procedure has continued in an appropriate manner.

(3) If, in respect of the same award procedure, requests for the determination of a number of entrepreneurs pursuant to paragraph 1 are submitted by a number of entrepreneurs, the Federal Administrative Court shall, if possible, link the proceedings to the joint negotiation and decision. In any event, a separate procedure shall be admissible if it is in the interests of convenience, simplicity and cost savings.

(4) If, during a pending review procedure, the contract is awarded or the award procedure is revoked, the proceedings before the Federal Administrative Court shall be at the request of the entrepellant who submitted the request for review as a Continue the determination procedure. This shall also apply where:

1.

a decision or knowledge of the Federal Administrative Court on the application for the annulment of an adjudiant's decision has been annulled by the Constitutional Court or the Administrative Court and before the decision of the the Constitutional Court or the Administrative Court has been awarded the award or the award procedure has been revoked, or

2.

a resumption of the proceedings or re-establishment of rights in respect of a review procedure has been granted or has been granted and prior to the decision of the Federal Administrative Court, the Constitutional Court or the The Administrative Court has been awarded the contract or the award procedure has been revoked.

Until the filing of an application in accordance with the first sentence, the procedure rests; if no application within the meaning of this paragraph is submitted until the expiry of the period laid down in section 332 (2), the procedure shall be closed in a formless manner. Section 332 (2) must be applied with the proviso that the time of proceedings before the Constitutional Court or before the Administrative Court is not to be included.

Content and admissibility of the assessment request

§ 332. (1) A request pursuant to § 331 (1), (2) or (4) shall be included in any case:

1.

the exact name of the award procedure in question;

2.

the exact name of the contracting authority and the applicant, including their fax number or electronic address,

3.

in so far as this is reasonable, the exact designation of the successful tenderer,

4.

the presentation of the relevant facts, including the interest in the conclusion of the contract,

5.

information on the alleged imminent or occurring damage to the applicant;

6.

the specific name of the law in which the applicant considers himself to be infringed;

7.

the grounds on which the allegation of illegality is based,

8.

a certain desire and

9.

the information required to assess whether the application has been submitted in good time.

(2) Applications pursuant to § 331 (1) (1) and (5) and (4) shall be submitted within six weeks from the date on which the applicant has been awarded the contract. could have obtained or become aware of the revocation, but at the latest within a period of six months after the award has been granted or the award procedure has been revoked.

(3) Applications pursuant to Section 331 (1) (2) to (4) shall be submitted within six months from the date on which the award is granted. Notwithstanding the first sentence,

1.

an application pursuant to § 331 (1) (2) to (4)-if the applicant is a tenderer remaining in the contract award procedure-within 30 days from the date of dispatch of the notification in accordance with § § 132 (2) or (273) (2) or (2) or (2), respectively.

2.

an application in accordance with § 331 (1) (2)-if the applicant is not a tenderer remaining in the contract award procedure-within 30 days from the date of the initial availability of a contract notice in accordance with § § 54 (6), 55 (6), (6) and (217). 7 or 219 (6)

.

(4) If the invitation to tender contains an incorrect indication of the competent contracting authority, the application shall also be made within the time limits set out in paragraphs 2 and 3 if it is submitted to the contracting authority indicated in the invitation to tender. has been introduced. If the alert does not include an indication of the competent contracting authority, the application shall also be made within the time limits set out in paragraphs 2 and 3 if it is submitted to a contracting authority which is not manifestly uncompetent. .

(5) A request for a determination pursuant to § 331 (1) shall be inadmissible, provided that the alleged infringement could have been asserted in the course of a review procedure in accordance with § § 320 ff.

(6) A request for a determination in accordance with § 331 (1) or (2) shall also be inadmissible if, despite the request to improve the application, the application has not been properly redeemed.

(7) A request pursuant to Section 331 (1) (2) is also inadmissible if the adjudicating entity has announced or announced the decision in accordance with § § 49 (2), 55 (5), 210 (2) or 219 (5) and the contract has been awarded after a deadline of ten Days after the initial availability of the notice has been issued.

Procedural provisions

§ 333. (1) Parties to a procedure pursuant to Article 312 (3) and (4) shall be the applicant, the adjudicating entity, and an all-time successful tenderer. Parties to a setting-up procedure pursuant to Article 312 (5) shall be the applicant, the adjudicating entity and all the bidders remaining in the contract award procedure.

(2) In the event of requests for determination pursuant to § 331 (1) and (2), it shall be decided immediately, no later than six weeks after the entry has been submitted.

Determination of breaches of the law, annulment and imposition of sanctions

§ 334. (1) The Federal Administrative Court has to make a determination pursuant to § 312 (3) (1) and (5) and (4) (4) (1) and (3) only if the illegality for the outcome of the award procedure was of substantial influence.

(2) Unless otherwise specified in this paragraph and in paragraphs 4 and 5, the Federal Administrative Court in the upper threshold area shall declare the contract void after a determination pursuant to Section 312 (3) (3) to (5) for absolutely void. The Federal Administrative Court shall refrain from any declaration of annulment of the contract or the annulment of the contract in accordance with paragraph 4 or 5 if the contracting authority so requests and if compelling reasons of a general interest justify it, the To maintain the contract. Economic interests which are directly related to the contract in question cannot justify the maintenance of the contract, other economic interests only if the nullity in exceptional cases would have disproportionate consequences.

(3) Unless otherwise specified in paragraphs 4 to 6, the Federal Administrative Court in the sub-threshold area shall declare the contract void after a determination pursuant to Section 312 (3) (3) to (5) for absolutely void if the established The contracting authority is manifestly inadmissible on the basis of the provisions of this Federal Law, of the regulations of this Act or of the Union law directly applicable to it.

(4) If the performance provided or an performed part of the service can no longer be reset or only reduced in value, the Federal Administrative Court shall, insofar as paragraph 5 does not apply, shall be subject to a determination pursuant to Section 312 (3) Z of the Federal Administrative Court. 3 to 5 to say that the contract is only repealed as far as services are still available or services provided are still recoverable without any reduction in value.

(5) The Federal Administrative Court may, following a determination pursuant to Section 312 (3) (3) to (5), declare that the contract shall be repealed with the date of the decision of the Federal Administrative Court or a later date, if the The contracting authority has requested this. The Federal Administrative Court has for this purpose the client's interest in the maintenance of certain contractual rights and obligations, the applicant's interest in the cancellation of the contract as well as any affected public To weigh interests against each other.

(6) The Federal Administrative Court shall refrain from any annulment of the contract in accordance with paragraph 3 or a repeal of the contract in accordance with paragraph 4 or 5 in the sub-threshold range if the contracting authority has requested this and the interest of the Contracting authority in the maintenance of the contractual relationship outweighs the applicant's interest in terminating the contractual relationship-also taking into account the respective public interests concerned.

(7) If the Federal Administrative Court has, apart from the annulment of the contract in accordance with paragraph 2, first sentence or 3, apart, a fine must be imposed on the contracting authority, which must be effective, proportionate and dissuasive. The maximum limit for a fine is 20 vH, in the sub-threshold range 10 vH, the order total. Fines will be paid to the Fund for the Promotion of Scientific Research (§ 2 of the Federal Law on the Promotion of Research and Technology Development, BGBl. No 434/1982).

(8) The Federal Administrative Court, when imposing the fine, has the seriousness of the infringement, the procedure of the contracting authority and, in accordance with § 5 of the Law on the responsibility of the Association, the reasons for the gravity and the reduction of the costs of the loss of gravity-VbVG, BGBl. I n ° 151/2005, and taking into account the extent to which the contract is maintained.

Uneffective explanation of revocation

§ 335. Following a determination pursuant to Section 312 (4) Z 3 as well as proceedings in the sub-threshold area, the Federal Administrative Court shall declare the revocation ineffective after a determination pursuant to Section 312 (4) (1) (1), if:

1.

the applicant has requested this, and

2.

the interest of the tenderers in the continuation of the award procedure outweighs the interests of the contracting authority, even in the light of the public interests concerned, at the end of the award procedure. "

§ 304 reads:

" § 304. (1) Any proceedings incurred by the Federal Procurement Office shall be allocated for further treatment to the Senate responsible in accordance with the distribution of the business.

(2) In the event of the prevention of the respective Senate Chairman, a thing to be attributed to a senate after the division of the Senate is to be assigned to the next Senate in accordance with the division of the business. "

26. § 323 (1) reads:

"(1) Review applications received at the Federal Procurement Office shall be made known immediately on the Internet."

27. § 341 (2) Final section reads:

" This shall also apply to the claims referred to in section 337 (3) and to claims arising from unfair competition. Without prejudice to paragraph 4, the ordinary court and the parties to the proceedings shall be bound by such a statement before a contracting authority. "

Section 341 (4) reads as follows:

" (4) If the decision of the dispute is dependent on the question of the illegality of a decision of a contracting authority, and if the ordinary court considers that the decision is unlawful, it shall interrupt the proceedings and The Administrative Court, acting in accordance with Article 133 (2) B-VG, requests the determination of the illegality of the decision to be taken. After a long period of recognition of the Administrative Court, the ordinary court shall continue the proceedings and decide on the litigation in connection with the legal proceedings of the Administrative Court. "

29. § 342 reads:

" § 342. Where a decision of a contracting authority is annulled by the Constitutional or Administrative Court and the award was awarded before the decision of the Constitutional Court or the Administrative Court, both the raising knowledge as well as the subsequent determination of the contracting authority, that the contested decision of the contracting authority was unlawful, does not affect the concluded contract. "

30. § 344 (2) reads:

"(2) The administrative penalties provided for in paragraph 1 shall be imposed by the district administrative authority in the territory of a municipality for which the State Police Directorate is at the same time the security authority of the first instance, by the State Police Directorate."

31. § 345 is added to the following paragraph 17:

" (17) For the entry into force of the by the Federal Law BGBl. I n ° 128/2013, the following provisions shall apply:

1.

The insertion of the entries in § 87a, § 99a, § 241a, § 247a and the recast of the entry before § 245 in the table of contents, § 11, first sentence, § 19 para. 7, § 41 para. 1, § 41a (1), § 87a with title, § 99a including the title, § 141 (1), § 142 Abs. 1, § 145 (2), § 177 (1), § 187 (7), § 201 (1), § 201a (1), § 241a, including the title, the title and title according to § 244, § 247a, including the title, § 248 (12), § 280 (1), § 304, § 323 (1), § 344 (2), § 351 Z 20 and the Inserts in Annex VII shall enter into force with the day following the event.

2.

The award procedures already initiated at the time of entry into force in accordance with Z 1 shall be completed in accordance with the current legal situation. The proceedings pending at the Federal Procurement Office at the time of entry into force in accordance with Z 1 shall be continued by the Bundesvergabeamt in accordance with the current legal situation. With regard to the award procedures which have already been completed at the time of entry into force in accordance with Z 1, the implementation of the assessment procedures shall be based on the current legal situation.

3.

The insertion of the entry to § 80a and the addition of the entry to Annex XX in the table of contents, the recast of entries to the 4. Part including headlines in the table of contents, § 2 Z 41, § 80a and title, the 4. Part and title, § 341 (2) Final section, § 341 (4), § 342, § 349 (1) Z 6, § 349 para. 2 first sentence, § 351 Z 21 and Annex XX and the headline is 1. Jänner 2014 in force.

4.

The decision-making periods after the date of entry into force in accordance with Z 3 shall be adopted after the 4th Part of this federal law in proceedings before the Federal Procurement Office, whose jurisdiction to continue pursuant to Art. 151 (51) Z 8 B-VG to the Federal Administrative Court by the end of 31 December 2013, begins with 1. January 2014 to run anew.

5.

If, at the time of entry into force in accordance with Z 3, a tender contains or contained an indication that the Federal Procurement Office is the competent contracting authority, the application shall also be made in due time if it is addressed to the Federal Procurement Office. and with proof of the trial of the timely submission to the Federal Administrative Court, it was immediately brought to the Federal Administrative Court (Bundesverwaltungsgericht) of the Federal Administrative Court.

6.

The term of office of those other members of the Federal Procurement Office, whose term of office would expire after the date of entry into force in accordance with Z 1, shall be extended until 31 December 2013. "

32. § 349 (1) Z 6 reads as follows:

" 6.

§ § 44 (1), 72 (4), second sentence, 125 (6), 179 (4), first to fourth sentence, 179 para. 5 seventh and eighth sentence, and (6), 205 (1), 268 (4) and 293 (3) of the Federal Minister for Economic Affairs, Family and Youth, "

33. § 349 (2) first sentence reads:

" As far as Austria's obligations under international law or the amendment of European Union law require this, or if this is permissible under the rules of Union law, the Federal Chancellor can determine by means of a regulation that, instead of Annexes I to XIV and XVI to XX Other definitions of the scope of the application, or rather the other lists of professional titles or Union provisions, as apparent from the annexes, Information for notices should be used or other features for publication or publication other requirements to be met by devices for receiving electronically transmitted data sets, or other data for the calculation of the lifetime costs of road vehicles, or any other data Requirements for energy efficiency in the allocation of supply and service contracts must be taken into account. "

34. § 351 shall be added to the following Z 20 and 21:

20.

Directive 2011 /7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions, OJ L 327, 31.12.2011, p. No. OJ L 48, 23 February 2011, p.

21.

Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009 /125/EC and 2010 /30/EC and repealing Directives 2004 /8/EC and 2006 /32/EC, OJ L 327, 30.12.2004, p. No. OJ L 315, 14.11.2012, p. 1.

(34a) In Annex VII, Part A, Annex VII, Part B, and Annex VII, Part C, the following entry shall be inserted after the entry for France:

"-

for Croatia, the "Sudski registar trgovačkih društava u Republici Hrvatskoj or Obrtni registar Republike Hrvatske"; "

35. In accordance with Annex XIX, the following Annex XX and heading shall be added:

" Annex XX

Requirements for energy efficiency according to § 80a

The following requirements must be taken into account in the award of supply and service contracts:

a)

Where goods are covered by one of the following acts, goods which meet the criterion of membership of the highest possible energy efficiency class shall be processed:

aa)

Commission delegated regulation (EU) No 1059/2010 of 28 September 2010 supplementing Directive 2010 /30/EU of the European Parliament and of the Council with regard to the labelling of household dishwashers in relation to the Energy consumption, OJ No. OJ L 314, 30.11.2010, p.1;

bb)

Commission delegated regulation (EU) No 1060/2010 of 28 September 2010 supplementing Directive 2010 /30/EU of the European Parliament and of the Council as regards the labelling of household refrigeration appliances in relation to energy consumption, 1. No. OJ L 314, 30.10.2010, p.17;

cc)

Commission delegated regulation (EU) No 1061/2010 of 28 September 2010 supplementing Directive 2010 /30/EU of the European Parliament and of the Council as regards the labelling of domestic washing machines in relation to the Energy consumption, OJ No. OJ L 314, 30.10.2010, p.47;

dd)

Commission Delegated Regulation (EU) No 1062/2010 of 28 September 2010 supplementing Directive 2010 /30/EU of the European Parliament and of the Council as regards the labelling of television sets with regard to energy consumption, OJ L 327, 28.12.2010, p. No. OJ L 314, 30.10.2010, p.64;

ee)

Commission delegated regulation (EU) No 626/2011 of 4 May 2011 supplementing Directive 2010 /30/EU of the European Parliament and of the Council with regard to the labelling of air conditioners in relation to energy consumption; OJ L 327, 28.11.2011, p. No. OJ L 178, 06.07.2011, p. 1;

ff)

Commission delegated regulation (EU) No 392/2012 of 1 March 2012 supplementing Directive 2010 /30/EU of the European Parliament and of the Council as regards the labelling of household laundry dryers in relation to energy consumption, OJ L 206, 22.7.2012, p. No. OJ L 123 of 09.05.2012, p. 1;

gg)

Commission delegated regulation (EU) No 874/2012 of 12 July 2012 supplementing Directive 2010 /30/EU of the European Parliament and of the Council as regards energy labelling of electrical lamps and luminaires, OJ L 206, 22.7.2012, p. No. OJ L 258, 26.09.2012, p. 1.

b)

As far as goods which are not under lit. (a), of any of the following implementing measures adopted after 4 December 2012, in accordance with Directive 2009 /125/EC of the European Parliament and of the Council of 21 December 2002, October 2009, establishing a framework for the setting of ecodesign requirements for energy-related products, OJ L 327, 28.11.2009, p. No. 10., goods which fulfil the reference values for energy efficiency laid down in the relevant implementing measure are to be processed:

----

c)

To the extent that office equipment is covered by one of the following acts, office equipment which meets at least those energy efficiency requirements set out in the following acts shall be processed:

aa)

2009 /789/EC: Commission Decision of 26 October 2009 establishing the position of the Community in respect of a decision adopted under the Agreement between the Government of the United States of America and the European Community on the coordination of labelling programmes for Electricity-saving office equipment used to amend the specifications for computer screens set out in Part II of Annex C to the Agreement, OJ L 327, 31.12.2002, p. OJ L No 282, 29.10.2009, p. 23;

bb)

2009 /489/EC: Commission Decision of 16 June 2009 establishing the Community position for a decision pursuant to the Agreement between the Government of the United States of America and the European Community on the Coordination of energy-efficient labelling programmes for office equipment, which is used for the purpose of amending the specifications for computers in Annex C, Part VIII, of the Agreement, OJ L 327, 31.12.2003, p. L No 161, 24.06.2009, p. 16;

cc)

2009 /347/EC: Commission Decision of 20 April 2009 establishing the position of the Community in respect of a decision adopted pursuant to the Agreement between the Government of the United States of America and the European Community on the Coordination of energy-efficient labelling programmes for office equipment, which is used for the purpose of amending the specifications for imaging equipment in Annex C, Part VII, of the Agreement, OJ L 327, 31.12.2002, p. OJ L No 106, 28.04.2009, p. 25.

d)

Tyres shall be designed to meet the criteria of membership of the highest energy efficiency class, as defined by Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of Tyres with respect to fuel efficiency and other essential parameters, OJ C 327, 28.4.2002, p No. OJ L 342, 22.12.2009, p.46. However, this shall prevent the Annex V shall not be used to procure tyres with the best wet grip characteristics or with the lowest rolling noise, provided that this is justified on grounds of safety or public health. "

Article 2

Amendment to the Bundesvergabegesetz Defence and Security 2012

The Federal Procurement Act Defense and Security 2012-BVergGVS 2012, BGBl. I No 10/2012, as last amended by the BGBl Regulation. II No 132/2012, shall be amended as follows:

1. The entry to the title of the 3. Part of the table of contents is:

" 3. Part

Legal protection before the Federal Administrative Court "

2. The entry to the title of the 5. Part of the table of contents is:

" 5. Part

Straf, conclusion and transitional provisions "

3. In § 1, the sales denomination shall be deleted. "(1)" .

4. In § 3 Z 16 lit. a sublit. dd becomes the reference " sublit. aa), cc) or dd) " by reference " sublit. aa) to cc) " replaced.

5. § 3 Z 37 reads:

" 37.

Procurement control authorities Entities subject to the control of the award of this Federal Act are appointed administrative authorities or administrative courts under the authority of the contracting authority subject to this Federal Act. "

6. In § § 32 (1) and (33) (1) the reference is made to " the 3. and 4. Part " in each case by the reference " the 3. to 5. Part " replaced.

7. The title of the 3. Part is:

" 3. Part

Legal protection before the Federal Administrative Court "

8. § § 136 and 137 together with the headings are:

" Additional rules on the organisation of the organisation

§ 136. (1) An expert lay judge shall abstain from the performance of his duties and arrange for his or her representative to be represented if classified information is concerned in proceedings before the Federal Administrative Court and the professional lay judge does not have the required security level for the classified information concerned.

(2) In the Rules of Procedure of the Federal Administrative Court according to § 19 of the Federal Administrative Court Act-BVwGG, BGBl. I No 10/2013, are provisions on the handling and protection of classified documents and information in connection with the proceedings before the Federal Administrative Court. The Rules of Procedure shall, where necessary, include provisions on the place of negotiation, the convening and the conduct of negotiations which may or may have classified information on the subject.

(3) In the publication of findings and decisions pursuant to § 20 BVwGG, the protection of classified information shall be guaranteed.

(4) When ordering the competent lay judges, it is to be taken into consideration that for the treatment of legal protection procedures according to this federal law a sufficient number of persons their security review or Reliable test result with positive result has been completed.

(5) The Federal Administrative Court shall ensure that in the case of the treatment of legal protection proceedings pursuant to this Federal Act, the competent lay judges shall be responsible for the prescribed and/or required security level for dealing with classified information.

(6) The Federal Administrative Court shall be entitled, provided that this is necessary for the protection of classified information, economically necessary and reasonable for the service to be used, for the treatment of legal protection procedures in accordance with to use this federal law infrastructural facilities of federal services to the extent necessary for this purpose.

Additional procedural provisions

§ 137. (1) The public shall be excluded from oral proceedings in so far as this is necessary for the protection of national security or the protection of classified information. Parties, parties or their representatives shall be excluded from the oral proceedings to the extent that classified information is subject to classified information in proceedings before the Federal Administrative Court, and the party, the party or its representatives does not have the required security level for the classified information concerned.

(2) The exclusion of the public and of interested parties, parties or their representatives shall be effected by means of a procedural decision either on its own account or at the request of a party or a witness.

(3) Immediately after the announcement of the decision on the exclusion of the public and interested parties, parties or their representatives, all listeners and/or their representatives shall have the right to participate in the decision. to remove the persons concerned. Excluded parties may, however, require that a person of their trust, who has the required security level for the classified information concerned, be allowed to participate in the trial.

(4) In the event that the public has been excluded from a trial, it shall be prohibited to redistribute the circumstances in the light of the reasons set out in paragraph 1 above.

(5) If classified information is subject to classified information in proceedings before the Federal Administrative Court, an application in accordance with § § 322, 328 and 332 of the BVergG 2006 shall also contain information on which representative of the applicant of a Security clearance or Reliability testing in accordance with § § 55 to 55b SPG or 23 and 24 MBG, or an equivalent security check of another Member State, and therefore has the required level of security for the classified information concerned.

(6) If classified information is subject to classified information in proceedings before the Federal Administrative Court, the contracting authority shall immediately notify a representative who shall be responsible for a security check or a security check. Reliability testing in accordance with § § 55 to 55b SPG or 23 and 24 MBG, and therefore has the prescribed level of security for the classified information concerned.

(7) In the case of applications for the authorisation of injunction injunctions within the scope of this Federal Act, it shall be decided immediately, but at the latest within ten working days after the application has been submitted. If the request for improvement had to be set back, it must be decided at the latest within fourteen working days.

(8) As compelling reasons of a general interest pursuant to § 334 para. 2 BVergG 2006, the scope of application of this federal law shall in particular be subject to compelling reasons relating to defence and/or security interests. In addition, the Federal Administrative Court shall refrain from annulment of the contract or cancellation of the contract in accordance with Section 334 (4) or (5) of the BVergG 2006 if the adjudicating entity has requested this and the consequences of the nullity or cancellation the existence of a wider defence or security programme, which is of fundamental importance for the security interests of a Member State of the European Union, would be seriously jeopardised.

(9) For applications in legal protection proceedings pursuant to this Federal Act and the relevant proceedings before the Federal Administrative Court, fees shall not apply in accordance with the Fees Act. "

9. § 142 (2) Final part reads:

" This shall also apply to the claims referred to in section 139 (3) and to claims arising from unfair competition. Without prejudice to paragraph 4, the ordinary court and the parties to the proceedings shall be bound by such a statement before a contracting authority. "

Section 142 (4) reads as follows:

" (4) If the decision of the dispute is dependent on the question of the illegality of a decision of a contracting authority, and if the ordinary court considers that the decision is unlawful, it shall interrupt the proceedings and The Administrative Court, acting in accordance with Article 133 (2) B-VG, requests the determination of the illegality of the decision to be taken. After a long period of recognition of the Administrative Court, the ordinary court shall continue the proceedings and decide on the litigation in connection with the legal proceedings of the Administrative Court. "

11. § 143 reads:

" § 143. Where a decision of a contracting authority is annulled by the Constitutional or Administrative Court and the award was awarded before the decision of the Constitutional Court or the Administrative Court, both the raising knowledge as well as the subsequent determination of the contracting authority, that the contested decision of the contracting authority was unlawful, does not affect the concluded contract. "

12. Name and heading according to § 143 are:

" 5. Part

Straf, conclusion and transitional provisions "

13. In § 144 (2) the word order shall be "Area of action of a federal police directorate of this" through the phrase "Territory of a municipality for which the State Police Directorate is at the same time the security authority of the first instance, by the State Police Directorate" replaced.

14. § 145 the following paragraph 4 is added:

" (4) For the entry into force of the by the Federal Law BGBl. I n ° 128/2013, the following provisions shall apply:

1.

The entry to the title of the 5. Part in the table of contents, § 3 Z 16 lit. a sublit. dd, § 32 (1), section 33 (1), the title and title in accordance with § 143, § 144 para. 2 and the inserts in Annex V shall enter into force with the day following the act of the customer; at the same time, the sales designation in § 1 shall not be effective.

2.

The entry to the title of the 3. Part in the table of contents, § 3 Z 37, the title of the 3. § § 142 (2) Final section, § 142 (4) and § 143 (§ 143) and § 143 (§ 143) and § 143 (§ 143) are to be taken with 1. Jänner 2014 in force.

3.

The decision-making periods after the date of entry into force in accordance with Z 2 shall be adopted in accordance with 3 Part of this federal law in proceedings before the Federal Procurement Office, whose jurisdiction to continue pursuant to Art. 151 (51) Z 8 B-VG to the Federal Administrative Court by the end of 31 December 2013, begins with 1. January 2014 to run anew.

4.

If, at the time of entry into force in accordance with Z 2, a tender contains or contained an indication that the Federal Procurement Office is the competent contracting authority, the application shall also be made in due time if it is addressed to the Federal Procurement Office. and with proof of the trial of the application at the Federal Procurement Office of the Federal Administrative Court (Bundesvergabeamt) without delay. "

15. In Annex V, Part A, Annex V, Part B, and Annex V, Part C, the following entry shall be inserted after the entry for France:

"-

for Croatia, the "Sudski registar trgovačkih društava u Republici Hrvatskoj or Obrtni registar Republike Hrvatske"; "

Fischer

Faymann