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)

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_128/BGBLA_2013_I_128.html

128. Federal law with the Federal Procurement Act 2006 and the Federal Procurement Act 2012 change defence and security (BVergG and BVergGVS novel 2013)

The National Council has decided:

Article 1

Amendment of the Federal Procurement Act 2006

The Federal Procurement Act 2006 - BVergG 2006, Federal Law Gazette I no. 17/2006, last amended by Federal Law Gazette I no. 51/2012, is amended as follows:

1. in the table of contents, "§ 80. If after the entry Special provisions concerning the procurement of road transport vehicles"the entry"§ 80a. Inserted special provisions concerning the energy efficiency for the supply and service contracts in the upper sill"and after the entry" annex XIX: data for the calculation of certain over the entire life cycle external costs of road transport vehicles "the entry" Annex XX: requirements for energy efficiency in accordance with § 80a "appended.

2. in the table of contents will be after the entry "§ 87. barrier-free building" the entry "section 87a. Special provisions relating to payment transactions', after the entry "§ 99. contractual provisions" the entry "section 99a. Special treaty provisions concerning the payments system", after the words"§ 241. compliance with labour and social legislation"the entry"§ 241a. Special provisions relating to payment transactions"and after the words"§ 247. technical specifications"entry"section 247a. Added special treaty provisions concerning the payments system".

3. the entry in the table of contents is as follows from § 245:

"3. subsection

The terms of reference and specific provisions on the performance contract with the procurement procedures in the area of the upper threshold"

 

4. the entries to the 4th part together with the headings of the table of contents are:



"Part 4 legal protection before the Federal Administrative Court



1 piece of main jurisdiction, specialized magistrates, exclusion and rejection



§ 291.



Jurisdiction of the Handelshof



§ 292.



Senate jurisdiction and composition



§ 293.



Specialized magistrates



§ 294.



Task of the Chairman



§ 295.



Incompatibility



paragraph 296.



Exclusion of expert lay magistrates and rejection by the parties



2. main piece of special provisions on the procedure of the Handelshof in matters of public procurement



1 article General provisions



section 311.



Applicable law of procedure



Section 312.



Jurisdiction



section 313.



Information disclosure



Section 314.



Access to the file



§ 315.



Deliveries



Section 316.



Oral proceedings before the Federal Administrative Court



Section 318.



Fees



section 319.



Fees replacement



2. section review procedures



section 320.



Initiation of the procedure



section 321.



Deadlines for applications for review



Section 322.



Content and admissibility of the review request



Section 323.



Notice of initiation and a hearing



section 324.



Parties to the investigation proceedings



section 325.



Annulment of decisions of the contracting authority



Section 326.



Decision deadline



Section 327.



Courage will penalties



3. section restraining orders



section 328.



Submission of the



Section 329.



Issuing the injunction



section 330.



Procedural provisions



4. section proceedings



section 331.



Initiation of the procedure



§ 332.



Content and admissibility of the statement request



§ 333.



Procedural provisions



§ 334.



Detection of infringements, annulment, and imposition of sanctions



§ 335.



Invalid statement of revocation"5. § 2 Z 41 reads:"41. awarding authorities are the authorities appointed to the control of procurement of services covered by this federal law by contracting authorities subject to this federal law or administrative courts."

6. in paragraph 11, first sentence replaced the reference "49" by reference "49, 87a, 99a".

Each the following paragraph 7 is added to 7 sections 19 and 187:

"(7) in the procurement procedures taken into consideration can be innovative aspects. This can be done in particular through innovative aspects in the description of the performance, when establishing the technical specifications or by setting specific award criteria."

8. in article 41, paragraph 1, the reference "42 para 2" is replaced by the reference "42 para 2, 87a, 99a".

9. in article 41, paragraph 1, the reference "43 para 1 and 2" by the reference is "43 para 1 and 2, 87a, 99a" replaced.

10. after section 80 the following § 80a and heading shall be inserted:

'Special provisions concerning the energy efficiency for the supply and service contracts in the area of upper threshold

§ 80a. (1) the contracting authority referred to in annex V shall have to make sure that the procured goods meet the energy performance requirements referred to in annex XX, insofar as this is compatible with the principles laid down in article 19 of the tendering procedure, in particular the principles of free and fair competition and the award of reasonable prices, for the award of supply contracts in the upper sill.

(2) who have referred clients in annex V in the awarding of service contracts in the area of the upper threshold to ensure that only goods used in the provision of the relevant services that meet the energy efficiency requirements referred to in annex XX, as far as this with the principles of the procurement procedure, referred to in article 19 in particular, the principles of free and fair competition and granting to reasonable prices , is compatible. This requirement applies only to new products purchased solely or partly by service providers for the provision of the services concerned."

11. According to § 87, the following section 87a and heading shall be inserted:

'Special provisions relating to payment transactions

§ 87a. (1) the invitation to tender shall contain any provisions relating to the date of payment or compensation for the operating costs, which grossly disadvantageous para are 2 and 5 (UGB) for entrepreneurs in the meaning of § 459.

(2) the contracting authority may set a payment deadline in the tender. The payment period shall exceed 30 days, unless 1 it is due to the particular nature or a longer period objectively warranted characteristics of the order or 2. the predominant activity of the contracting authority or the organizational unit for which the award procedure performed, consists in the provision of health services.

In any case, the payment deadline may however exceed 60 days.

(3) the contracting authority may take information on the maximum duration of a legally or contractually provided acceptance or verification procedure for determining the contractual provision in the invitation to tender. In principle, the duration of this acceptance or verification procedure shall not exceed 30 days from the receipt of the goods or of rendering of the construction or service. Any deviating provisions of the principal are allowed only if they are not grossly disadvantageous for entrepreneurs. For the evaluation of coarse re-introduced is especially taken into account to what extent the duration of inspection provided for or examination by the exercise of bona traffic is different, whether there is an objective reason for this discrepancy and what subject it is.

(4) the invitation to tender shall include information on the earliest possible date of receipt of the invoice by the customer.

(5) the contracting authority may the amount set in the tender no default interest rate, which in section 456 UGB set statutory interest rate is below.

(6) the possibility of an agreement by instalments of paragraphs 1 to 5 shall not affect the provisions."

12. According to § 99 99a the following paragraph with heading shall be inserted:

"Special treaty provisions concerning payments

Article 99a. (1) provisions in the contract on the date of payment or compensation for the operating costs which grossly disadvantageous is 459 para are 2 and 5 (UGB) for entrepreneurs in the sense of the paragraph, are null and void.

(2) the contracting authority may set a payment period in the service level agreement. The payment period shall not exceed at any other cancellation 30 days, unless 1 it is due to the particular nature or a longer period objectively warranted characteristics of the order or 2. the predominant activity of the contracting authority or the organizational unit for which the award procedure performed, consists in the provision of health services.

The payment period may however exceed 60 days for other invalidity in any case.


(3) the contract may contain provisions concerning the maximum duration of a legally or contractually provided acceptance or verification procedure for determining the contractual provision. The duration of this acceptance or verification procedure generally must not exceed 30 days from the receipt of the goods or of rendering of the construction or service other nullity. Deviating agreements are only permitted if expressly laid down in any tenders and are not grossly disadvantageous for the entrepreneur. For the evaluation of coarse re-introduced is especially taken into account to what extent the duration of inspection provided for or examination by the exercise of bona traffic is different, whether there is an objective reason for this discrepancy and what subject it is.

(4) agreements in the service level agreement on the earliest possible date of receipt of the invoice by the contractor are null and void.

(5) the agreement of an interest rate in the performance contract, the amount in section 456 set statutory interest rate falls below the UGB, is null and void.

(6) the possibility of an agreement by instalments of paragraphs 1 to 5 shall not affect the provisions.

(7) the nullity provided for in paragraphs 1 to 5 may not be claimed, 1 if the corresponding provision in a review procedure before the procurement authorities would have can be challenged or 2. If the competent contracting authority acknowledged the corresponding provision in a review procedure as legitimate."

13. in article 141, paragraph 1 the reference '98' the reference is "87a, 98, 99a" replaced.

14. in article 142, paragraph 1, the reference will be replaced '91 to 94, 98"with the reference"87a, 91 to 94, 98, 99a".

15. in article 145, paragraph 2, third sentence is replaced by the phrase "with other absolute nothingness" the phrase "in other invalidity".

16. in article 177, paragraph 1, the reference "210" the reference is replaced "210, 241a, 247a".

17 in article 201, paragraph 1, the reference "192 paragraph 9" is replaced by the reference "192 paragraph 9, 241a, 247a".

18. in Article 201a, paragraph 1, the reference "232" the reference is replaced "232, 241a, 247a".

19 according to § 241, 241a the following paragraph with heading shall be inserted:

'Special provisions relating to payment transactions

§ 241a. (1) the invitation to tender shall contain no provisions on the payment date, the default interest rate, or the compensation for the operating costs, which are rough for entrepreneurs 4 and 5 UGB adversely in the meaning of § 459 (2).

(2) the sector client can set a period for payment in the tender. The payment period shall not exceed 30 days, unless 1 it is objectively justified a longer period due to the special nature or characteristics of the order, 2. the sector contracting authority is a public company according to § 165, or 3. the sector principal is a private sector contractor in accordance with § 166.

In any case, the payment deadline may however exceed 60 days.

(3) the sector client can make information on the maximum duration of a legally or contractually provided acceptance or verification procedure for determining the contractual provision in the invitation to tender. In principle, the duration of this acceptance or verification procedure shall not exceed 30 days from the receipt of the goods or of rendering of the construction or service. Any deviating provisions of the principal are allowed only if they are not grossly disadvantageous for entrepreneurs. For the evaluation of coarse re-introduced is especially taken into account to what extent the duration of inspection provided for or examination by the exercise of bona traffic is different, whether there is an objective reason for this divergence and to which performance of the contract it is.

(4) the invitation to tender shall include information on the earliest date on which the invoice at the sector principal.

(5) sector contracting in accordance with section 164 may in the tender no default interest rate set, whose height the below in section 456 UGB established legal rate.

(6) the possibility of an agreement by instalments of paragraphs 1 to 5 shall not affect the provisions."

20 name and title are according to § 244:

"3. subsection

The terms of reference and specific provisions on the performance contract with the procurement procedures in the area of the upper threshold"

21. after section 247, the following section 247a and heading is inserted:

"Special treaty provisions concerning payments

section 247a. (1) provisions in the service agreement of the payment date, the default interest rate, or compensation for the operating costs, which are grossly disadvantageous in the meaning of § 459 (2), 4 and 5 of the commercial code for entrepreneurs, are null and void.

(2) the sector client can set a payment deadline in the contract. The payment period shall not exceed 30 days other nullity, unless 1 it is objectively justified a longer period due to the special nature or characteristics of the order, 2. the sector contracting authority is a public company according to § 165, or 3. the sector principal is a private sector contractor in accordance with § 166.

The payment period may however exceed 60 days for other invalidity in any case.

(3) the contract may contain provisions concerning the maximum duration of a legally or contractually provided acceptance or verification procedure for determining the contractual provision. The duration of this acceptance or verification procedure shall not exceed generally 30 days from service other nullity. Deviating agreements are only permitted if expressly laid down in any tenders and are not grossly disadvantageous for the entrepreneur. For the evaluation of coarse re-introduced is especially taken into account to what extent the duration of inspection provided for or examination by the exercise of bona traffic is different, whether there is an objective reason for this discrepancy and what subject it is.

(4) agreements in the service level agreement on the earliest possible date of receipt of the invoice with the sector contracting are null and void.

(5) the agreement of an interest rate in the service level agreement with a sector contracting entity in accordance with section 164, the amount in section 456 set statutory interest rate falls below the UGB, is null and void.

(6) the possibility of an agreement by instalments of paragraphs 1 to 5 shall not affect the provisions.

(7) the nullity provided for in paragraphs 1 to 4 may not be claimed, 1 if the corresponding provision in a review procedure before the procurement authorities would have can be challenged or 2. If the competent contracting authority acknowledged the corresponding provision in a review procedure as legitimate."

22 12 the following paragraph is added to article the 248:

"The provisions relating to payment transactions in accordance with the § 241a and 247a. apply (12) for the tender and the contract in the emerging area"

23. in § 280 para 1 is the reference "247" by reference "241a, 247, 247a" replaced.

24. the part 4 and heading is as follows:

"Part 4

Legal protection before the Federal Administrative Court

1. main piece

Jurisdiction, specialized magistrates, exclusion and rejection

Jurisdiction of the Handelshof

§ 291. The Federal Administrative Court is responsible for deciding on applications for unlawfulness of conduct of a client in matters pertaining to the award of public contracts, where it is contracting, fall 1 B-VG in the enforcement area of the Covenant pursuant to Article 14b 2 Z.

Senate jurisdiction and composition

292 (1) decides the Federal Administrative Court in the Affairs of the section 291, insofar as it is not the decision on an application for issuing an injunction, in-person divisions.

(2) the Senate consists of one member as Chair and two specialized magistrates as assessors. By the competent magistrates, one must the circle of client and the others belong to the contractor each.

Specialized magistrates

The competent magistrates must have at least 5 years relevant professional experience or special knowledge of procurement in legal, economic or technical aspects § 293. (1). Precautions to take are that in a timely manner are a sufficient number of qualified lawyer available.

(2) the competent magistrates of the contractor page be on a proposal of the Economic Chamber Austria and the Federal architect and engineer Consul ducks Chamber ordered.

(3) the competent magistrates of the client side are appointed on a proposal of the Federal Ministry of economy, family and youth and the Federal Chamber of labour.

Task of the Chairman

§ 294. The Chairman has to submit all relevant decision documents the competent magistrates immediately or, if this is impracticable or absolutely necessary to preserve the confidentiality of documents to provide.

Incompatibility


§ 295. The Federal Administrative Court may not include as specialized magistrates: the President, members of the Federal Government or a land Government, Secretaries of State, the President of the Court of Auditors, members of the Ombudsman of the Federation or a federal land, Mayor, Executive President of a Board (City Council of Vienna), members of the European Parliament, members of the Commission and members of the Constitutional Court or the administrative court.

Exclusion of expert lay magistrates and rejection by the parties

Section 296 (1) of the participation in a decision the competent magistrates with regard to those procurement procedures are excluded, concerning a procurement in the area of effect of that institution, which they belong to or which has proposed in accordance with article 294, paragraph 1.

(2) the parties to proceedings under this part of this Federal Act can reject members of the Handelshof and specialized magistrates, stating the reasons. The President makes the decision on the request of rejection of. Rejection if the application concerns the President, the Vice President decides on the application of rejection of. Both the President and the Vice President are rejected, the oldest other Member in years shall decide on the application for refusal.

2. main piece

Special provisions on the procedure of the Handelshof in matters of public procurement

1 section

General terms and conditions

Applicable law of procedure

section 311. So far in this Federal Act and in the Administrative Court Procedure Act - VwGVG, Federal Law Gazette I no. 33/2013, nothing is determined, are the provisions of the AVG with the exception of articles 1 to 5 and IV part in the proceedings before the Federal Administrative Court under this Federal Act apply accordingly.

Jurisdiction

312. (1) decides the Federal Administrative Court in accordance with the provisions of this section relating to the conduct of review procedures (section 2), the issue of interim measures (article 3) and to carry out approval procedures (section 4). Such requests are to engage directly with the Federal Administrative Court.

(2) up to contract award or up to the revocation of a procurement procedure is the Federal Administrative Court for the purpose of elimination of infringements against this Federal Act and the regulations, issued or breaches of directly applicable European Union law charge 1 to the issuing injunctions, as well as 2nd to the annulment of separately inputs decisions of the contracting authority in the context of the objections relied on by the applicant provisional.

(3) after the Federal Administrative Court is responsible 1. within the applicant asserted objections to determine, whether due to a breach of this Act, the regulations, issued or directly applicable European Union law the supplement not in accordance with the specifications in the invitation to tender was issued the offer with the lowest price or the technically and economically most favourable offer.

2. in proceedings pursuant to Nos. 1, 4 and 5 at the request of the contracting authority for determining whether the applicant also in compliance with the corresponding provisions; had no real chance of acceptance of the bid

3. to determine whether a procurement procedures illegal way was carried out without prior notice or without prior call for competition

4. to determine whether the illegal surcharge way issued without notification of the contract award decision in accordance with the sections 131 and 272;

5. to determine whether the surcharge in the awarding of a performance on the basis of a framework agreement or a dynamic purchasing system due to a violation of § 152 paragraph 4 to 6, article 158 para 2 to 5 or § 290 par. 2 to 5 was unlawful;

6. in proceedings pursuant to the Z 3 to 5 to the annulment or cancellation of the contract;

7. in a procedure pursuant to the Z 3 to 5 to the imposition of sanctions referred to in section 334, paragraph 7.

(4) after the Declaration of revocation of a tendering procedure the Federal Administrative Court is responsible 1 within the framework of the objections relied on by the applicant to determine whether revocation for a breach of this Act, the regulations, issued or directly applicable European Union law was illegal;

2. in proceedings pursuant to Z 1 at the request of the contracting authority to determine whether the applicant also in compliance with the relevant provisions of any real chance at acceptance of the bid; had

3. to determine whether the cancellation illegal way declared without notification or publication of the revocation decision pursuant to the sections 140 and 279;

4. in proceedings pursuant to Nos. 1 and 3 to the invalid Declaration of withdrawal according to § 335.

(5) up to the procurement procedures or to the Declaration of withdrawal of a tendering procedure the Federal Administrative Court finding is responsible whether the contracting authority after the significant contract deadline, and contrary to the request of the tenderer to continuation of the process which terminates proceedings through a declaration of withdrawal or award still has continued the proceedings in an appropriate manner.

Information disclosure

313. (1) the scope of this federal law underlying principal or forgiving bodies have to provide all information necessary for the performance of their duties the Federal Administrative Court and to submit all necessary documents. The same applies to the contractors participating in a tendering procedure.

(2) a principal, a forgiving place, or an entrepreneur has not submitted documents, information is not granted or although issued a report, but not presented the documents of the tendering procedure, the Federal Administrative Court may decide on the basis of the claims of the non-defaulting party, if the principal or the contractor previously expressly advised on this default sequence.

Access to the file

§ 314. Parties and stakeholders may request the submission of documents to the Federal Administrative Court, that certain documents or parts of documents for compelling reasons of public interest or for the protection of technical or trade-related trade secret SEIM of the inspection are excluded. The relevant documents or parts of documents are to call upon their presentation.

Deliveries

§ 315. As far as is known the Federal Administrative Court announced the procurement fax number or electronic address of a party, or as far as the concerned party a fax number or an e-mail address known is given the Federal Administrative Court, the Federal Administrative Court has to deliver written out to this address.

Oral proceedings before the Federal Administrative Court

316. (1) as far as the not article 6 of the Convention for the protection of human rights and fundamental freedoms, Federal Law Gazette No. 210/1958, nor article 47 of the Charter of fundamental rights of the European Union, OJ No. C 83 of March 30, 2010, p. 389, conflict can be omitted the negotiations despite the application of a party, if the procedure document instituting application be rejected is 1, or 2. has the Federal Administrative Court to adopt an other procedural decision, or 3 due to the location of the file is already defined, that the procedure initiating request to grant or to reject being.

(2) the applicant is conducting a negotiation in the officials - or request to apply for. Is the contractor and any defendants be given the opportunity, to make a request to hold a hearing within a reasonable period as a week not exceeding. A request to hold a hearing may effectively be withdrawn only with the consent of the other parties.

Fees

318. (1) for applications referred to in §§ 320 para 1, 328 paragraph 1 and article 331, paragraph 1 and 2 has to pay a flat fee the applicant in accordance with the following provisions: 1. the flat-rate fee is payable in accordance with the to be determined by the Federal Government through regulation fees for application. Bidding and working groups have to pay the flat-rate fee only once. The fees are set according to the ratio of the procedure expenses caused by the application for the benefit to be achieved for the applicant. The tariffs are to grade according to objective characteristics. As the objective characteristics are particularly the subject of the order, the nature of the procedure, the fact, whether it is separately to requests for review of the tender or the request to submit of a participation request or other actionable decisions or whether it is a procedure in the upper sill or in emerging areas to attract.

2.

The fixed rates decrease or increase each year to the extent that the resulting from the change of results by the Federal Statistics Austria of suggested consumer price index 2010 or the arising in its place index over the last fixing underlying index number. The Chancellor has to make known the new fixed rates in the Federal Law Gazette after announcement of index number relevant for June of the current year. The new fixed rates apply from the first month following the announcement.

3. the flat fees are in cash, by deposit with remittance, payable by debit card or credit card. The beyond the cash payment and deposit with remittance payment types allowed are set by the Federal Administrative Court in accordance with the existing technical organisational requirements and accordingly to make.

4. for requests pursuant to § 328 paragraph 1 a fee amounting to 50% to pay the fixed fee.

5. an applicant to the same procedure already referred to in article 320, paragraph 1 or pursuant to tabled an amendment article 331, paragraph 1 or 2, a fee in the amount of 80 should be by this applicant for any other application under article 320, paragraph 1 or article 331, paragraph 1 or 2% pay the fixed fee.

6 the application relates only to the assignment of a lot, whose estimated value not reaches the respective threshold pursuant to §§ 12 and 180, only the flat fee for the corresponding to the lot allocation procedure in the threshold area is so payable.

7. If an application before the hearing or, if no hearing is performed, withdrawn before issuing the decision or decision, merely a fee in the amount of 75 is to be paid the fee set for the respective application or reduced pursuant to sub-para. 5%. Already paid additional amounts are to be paid back.

8. the rates or fees in accordance with Z 1 and 2 and 4 to 7 are on all euro- or to round up.

(2) no fees incurred after the fees Act for applications referred to in paragraph 1 and the procedure before the Federal Administrative Court.

Fees replacement

319. (1) the before the Federal Administrative Court if only partly successful applicant has claim to spare of his fees paid in accordance with § 318 by the customer. The applicant has also entitled to reimbursement of fees paid pursuant to § 318, if he will indemnify made during the proceedings.

(2) a claim to reimbursement of the fees for an application for interim injunction is only if 1 (main request) review request will be granted and 2. request for temporary injunction was granted or refused the application for interim injunction only due to interests.

(3) about the replacement of the fees, the Federal Administrative Court has no later than three weeks from that date to decide is at, that is a claim to compensation for fees.

2. section

Review procedures

Initiation of the procedure

An entrepreneur may apply for § 320 (1) up to the procurement procedures or to the withdrawal of the reviews of a separately actionable decision of the contracting authority in the contract award procedure due to illegality, if claiming an interest in the conclusion of a contract within the scope of this Federal Act 1, and 2. a damage is caused by the alleged unlawfulness or threatens to arise.

(2) between the access of the agreement on retirement and included the announcement of the award decision or the revocation decision period shorter than the period provided for in § 321, a bidder is entitled to contest the departure together with the award decision or the revocation decision in an application within the time limit granted for disputing the award decision or the revocation decision.

(3) the request for review is no suspensive effect on the contract award procedure.

(4) if same separately appealable decision is challenged by several entrepreneurs, the Federal Administrative Court has procedures for joint negotiation and decision to join. A separate prosecution is permissible if this is located in the interest of convenience, simplicity and cost savings.

Deadlines for applications for review

Requests for reviews a separately actionable decision are § 321 (1) to introduce a transmission of the decision electronically or by fax, as well as with a notice of the decision within 10 days, in a corresponded way within 15 days of delivery. The period begins with the sending of the decision or the first-time availability of the notice.

(2) in the implementation of a procurement procedure in the threshold area is the period - except in the case of appeal against reduced one in accordance with §§ 55 ABS. 5 or voluntarily known made 219 paragraph 5 decision - for seven days.

(3) the implementation of a direct award is the period of seven days from the date in which the applicant separately actionable decision gained knowledge or gain could have.

(4) applications for review of the tender, as well as the solicitation of a participation request can be inserted seven days before the expiration of the offer period, the deadline for submission of the competition work or the deadline for the periods of time referred to in paragraphs 1 and 2, until at the latest, unless this time limit is more than 17 days. If the tendering, competition or auction documentation, description of the needs and requirements of the competitive dialogue, information about the power to restructure and the further procedure at the direct Award with prior notice or prior call for competition, or the invitation to submit of an application for participation corresponded way be delivered, the extension of the review period only occurs when the offer period, the deadline for submission of the competition works, or the deadline is more than 22 days.

Content and admissibility of the review request

322. (1) an application under article 320, paragraph 1 has to contain: 1 the exact name of the procurement process in question, as well as the contested separately actionable decision, 2. the exact name of the customer and of the applicant including their fax number or electronic address, 3. a representation of the relevant facts of the case including the interest in the conclusion of the contract, in particular in the fight against the award decision the name of the bidder for the contract in view of , 4. information about the alleged imminent or has already occurred damage for the applicant, 5. the specific designation of the law, which considers the applicant as injured, 6 the reasons on which is based the assertion of illegality, 7 an application for annulment of the contested separately actionable decision, and 8 the data which are necessary to assess whether the time was tabled.

(2) the request is invalid in the following cases, if he is not aimed 1 against a separately appealable decision, 2. He is not dismissed within the time limits referred to in § 321, or 3 he improperly was charged despite the request to improve.

(3) the tender contains an incorrect indication of the responsible contracting authority, the application is, even within the period specified in § 321 when he was introduced at the contracting authority specified in the invitation to tender. The tender contains no indication of the responsible contracting authority, the application is, even within the time limits referred to in § 321 when he was introduced at a not obviously incompetent procurement authority.

Notice of initiation and a hearing

§ 323. (1) which is the receipt of a review request immediately make known to the Internet.

(2) the notice must include at least: 1. the name of the customer and the procurement procedure according to the review request (article 322, paragraph 1 Z and 2);

2. the designation of fighting separately actionable decision according to the information contained in the review request (article 322, paragraph 1 Z 1);

3. the reference to the consequences of estoppel according to section 324, para 3.

(3) the contracting authority referred to in the application for review by the Chairman of the Senate is promptly of the receipt of the review request to communicate; This communication has the Z in para 2 to contain 1 and 2 listed.

(4) in the case of the fight against of a contract award decision, the bidders for the contract in view of is in any case promptly of the receipt of the review request to communicate; by the Chairman of the Senate This agreement shall contain the information referred to in paragraph 2.

(5) in review procedures, also the organised a public hearing on the Internet is to be published; This announcement must contain at least the information referred to in paragraph 2.


(6) in review procedures relating to review a contract award decision is taken for the contract in view of tenderers about the scheduled of a public hearing to communicate.

Parties to the investigation proceedings

324. (1) in any case, the applicant and the customer are parties to the review proceedings before the Federal Administrative Court.

(2) parties to the review proceedings are also those entrepreneurs who immediately can be adversely affected by the decision that is coveted by the applicant in their legal interests protected (defendant); in particular, party of the investigation procedure is in the case of the award decision the bidder for the contract in view of combat.

(3) the bidder in an award decision for the surcharge in Vista loses his party position, if he collects his reasoned objections against the decision within 10 days of the service of understanding, coveted by the applicant about the initiation of the review procedure (section 323 paragraph 4). Other parties in accordance with paragraph 2 lose its party status, if they raise their reasonable objections against the decision within 10 days from notice of the initiation of the procedure of article 323, paragraph 1, coveted by the applicant. If there is a hearing before expiry of these deadlines, the objections can be raised no later than at the hearing. § 42 para 3 shall apply mutatis mutandis AVG.

(4) have several entrepreneurs challenged same separately appealable decision of the contracting authority, so party position theirs in all review procedures concerning this decision.

Annulment of decisions of the contracting authority

325. (1) the Federal Administrative Court has a separately appealable decision in the course of a tendering procedure a customer with knowledge void to explain, if 1 or a previous you not separately appealable decision is the applicant injured in the 5 laws made under article 322, paragraph 1 Z, and 2. the illegality for the outcome of the procurement procedure by major influences.

(2) as the annulment of illegal decisions, including the removal of discriminatory for contractor requirements with regard to technical performance characteristics, as well as in terms of economic or financial efficiency in the advertisement or in any other document of the award procedure in considering comes.

Decision deadline

Section 326. On applications for annulment of decisions of a principal is immediately to decide no later than 6 weeks after receipt of the request.

Courage will penalties

Section 327. In the review proceedings, section 35 applies AVG with the proviso that sets a ceiling for courage will penalties up to a maximum of one per cent of the estimated contract value, EUR 20 000. For the calculation of courage will punishment, section 19 of the Criminal Administration Act 1991 - is VStG BGBl. apply by analogy to no. 52/1991.

3. section

Restraining orders

Submission of the

328. (1) the Federal Administrative Court has at the request of a trader, which according to article 320, paragraph 1 the application requirements are not obviously missing to arrange without delay interim measures by injunction, which appear necessary and appropriate, to eliminate or prevent a resulting from the alleged unlawfulness of a separately actionable decision or imminent damage of interests of the applicant.

(2) the request for issuing an interim injunction has to contain: 1 the exact name of the procurement process in question, separately actionable decision and the principal of the applicant including their fax number or electronic address, 2. a representation of the relevant facts of the case as well as the existence of the conditions referred to in article 320, para. 1, 3. the precise designation of the alleged illegality, 4. the accurate presentation of the imminent damage to the interests of the applicant and a Glaubhaftmachung of relevant facts , 5. the precise designation of the information that are necessary to determine whether the application was submitted in a timely manner coveted interim measure and 6.

(3) if still no review application was made to combat the alleged illegality, the request for issuing an interim injunction is allowed only when he is introduced before the deadline for enforcement laid down in § 321 concerned unlawful.

(4) If an application for issuing an interim injunction made in time, subsequently but until the end of the period referred to in section 321 no permissible application for review made to fight the illegality that is referred to in the application for issuing the injunction or an already a review request withdrawn again after the application deadline, the procedure for issuing the injunction informally set is. A restraining order at most adopted occurs in this case with the expiry of the period referred to in section 321 or at the time of the withdrawal of the investigation request override. The applicant and the principal are to communicate by the expiry of the temporary injunction.

(5) the Federal Administrative Court has the affected contracting authority of the receipt of an application for injunction with the prohibition on the acceptance of the bid, the prohibition on the conclusion of a framework agreement, the prohibition of the Declaration of revocation or the omission of opening of tenders is requested to notify immediately. Suspensive effect comes to after receipt of the communication of the receipt of the request until the decision on the request for applications for interim injunction, which covet the prohibition on the acceptance of the bid, the prohibition on the conclusion of a framework agreement, the prohibition of the Declaration of revocation or the omission of the opening of the bids. The contracting authority may not award the contract until the decision on the application 1 other nullity or unable to complete the framework agreement, or

2. when other invalidity the procurement procedures has not revoked, or

3. the offers to open.

(6) the Federal Administrative Court has the understanding to the contracting authority of the receipt of an application for injunction on the legal consequences of submission to indicate.

(7) an application for issuing an interim injunction is inadmissible if despite the request to improve the application improperly was charged.

Issuing the injunction

329. (1) has the probable consequences of the measures to be taken for all likely to be harmed interests of the applicant, the other candidate or tenderer and the customer, as well as a possible public interest in the continuation of the award procedure to weigh up the Federal Administrative Court before of the issue of a temporary injunction. This tradeoff results in a preponderance of the adverse consequences of an interlocutory injunction, is the request for issuing the injunction be dismissed.

(2) a contrary to an order charge imparted an injunction, the establishment of a framework agreement or declared cancellation of the procurement procedure is absolutely null and void or ineffective.

(3) with an injunction can be the entire procurement process or individual decisions of the contracting authority temporarily suspended pending a decision of the Handelshof about a possible annulment or other appropriate action mapped. Where is the each accounting interim measure leading to the goal to have.

(4) in a preliminary injunction, the time for which this order is made to determine. The injunction occurs after the particular time, at the latest with the decision of the Handelshof on the application for annulment override in which the question of illegality is claimed. The Federal Administrative Court has to waive the injunction immediately on request or by virtue, as soon as the conditions that have led to their adoption, have disappeared. The Federal Administrative Court has to extend the injunction, if the conditions which led to its adoption, continue to exist after the expiry of the period without delay on request or by virtue.

(5) temporary injunctions are immediately enforceable.

Procedural provisions

Section 330. (1) in proceedings for the issue of an injunction must be carried out no public hearing.

(2) parties to the proceedings to the issuing of an injunction are the applicant and the principal.

(3) on applications for issuing injunctions is without delay, but no later than within seven working days after receipt of the request to decide. Had to reset the application to improve, is to decide on it at the latest within ten working days. The deadline is met if the registration to all parties was demonstrably sent prior to expiration.


(4) in proceedings relating to the issuing of an injunction, section 35 applies AVG with the proviso that sets a ceiling for courage will penalties up to a maximum of one per cent of the estimated contract value, EUR 20 000. For the calculation of courage will sentence § is 19 VStG to be applied mutatis mutandis.

4 section

Approval procedure

Initiation of the procedure

331. (1) an entrepreneur who had an interest in the conclusion of a contract within the scope of this federal law, can, if damages by the alleged unlawfulness or threatens to occur the identification request that 1 the penalty for a breach of this Act, the regulations, issued or directly applicable European Union law do not conform to the specifications in the invitation to tender was issued the offer with the lowest price or the technically and economically most favourable offer , or 2. the implementation of a procurement procedure without prior notice or without prior call for competition for a breach of this federal law, which adopted regulations or directly applicable European Union law was this void, or 3. the award without notice of the contract award decision in accordance with the sections 131 and 272 for a breach of the Federal law, which adopted regulations or directly applicable European Union law was this void, or 4 the surcharge in the awarding of a performance on a framework agreement or a dynamic purchasing system due to a violation of the basic to § 152 paragraph 4 to 6, article 158 para 2 to 5 or § 290 par. 2 to 5 was unlawful, or 5 If the Declaration of withdrawal of a tendering procedure for a breach of this Act, the regulations, issued or directly applicable European Union law was illegal.

The applicant can request a motion several findings in accordance with § 312 para 3 Z 1 to 4. For a request to be established in accordance with Nos. 1 and 3 to 5, the principal may request the determination that the applicant also in compliance with the corresponding provisions had no real chance of acceptance of the bid. For a request to be established in accordance with no. 2 to 4, the client may request to refrain from the annulment of the contract or to cancel the contract at the earliest with the date of the decision of the Handelshof.

(2) a bidder who had an interest in the conclusion of a contract within the scope of this federal law and the damage has arisen or threatens to arise, by the action of the customer may request the determination, that the contracting authority after the significant contract deadline, and contrary to the request of the tenderer to continuation of the procedure terminates the proceedings through a declaration of withdrawal or procurement procedures has continued the proceedings in an appropriate manner.

(3) be in terms of the same procurement procedure determination applications made pursuant to par. 1 of several entrepreneurs, the Federal Administrative Court has the procedure possible for joint negotiation and decision to join. A separate prosecution may in any case if this is located in the interest of convenience, simplicity and cost savings.

(4) If during a pending investigation of the supplement granted or revoked the award procedure is the procedure before the Federal Administrative Court at the request of the entrepreneur, which has made the review request, to continue as the approval procedure. This applies also, and before the decision of the Handelshof 1 was set aside a decision or realization of the Handelshof on the application for annulment of the decision of a contracting authority of the Constitutional Court or the Administrative Court and before the decision of the Constitutional Court or the administrative court awarded the contract or the award procedure is has been revoked, or 2. granted a retrial or restitutio in integrum as regards a review procedures or decreed , of the Constitutional Court or the administrative court awarded the contract or cancel the award procedure is.

The position of an application in accordance with the first sentence rests the procedure; No application within the meaning of this paragraph is made until the expiry of the period pursuant to article 332, paragraph 2, is the procedure to set informally. Section 332 paragraph 2 is to apply subject to the proviso that the time of proceedings before the Constitutional Court or the administrative court not to include is.

Content and admissibility of the statement request

332. (1) an application under section 331, paragraph 1, 2 or 4 has to contain at least: 1 the exact name of the procurement process in question, 2. the exact name of the customer and of the applicant including their fax number or electronic address, 3. insofar as this is reasonable, the designation of any tenderer, 4. the representation of the relevant facts of the case including interest at the conclusion of the contract, 5. details about the alleged threatened or incurred damage for the applicant , 6 the specific designation of law, which considers the applicant as injured, 7 the grounds on which the allegation of illegality is based, 8 a specific desire and 9 to the information needed to assess whether the application was submitted in a timely manner.

(2) applications under article 331, paragraph 1 Z 1 and 5, as well as paragraph 4 are to introduce within six weeks from the date in which the applicant from the supplement or revocation has become aware or had may, learn at the latest within a period of six months after the payment granted or revoked the award procedure.

(3) claims referred to in article 331, paragraph 1 Z 2-4 are to submit within six months from the day following the contract award. 1. by way of derogation from the first sentence Z is 2-4 - an application under article 331, paragraph 1 if it is for the applicant to one bidder remaining in the contract award procedure - within 30 days from the date of dispatch of the notice referred to in §§ 132 paragraph 2 or 273 par. 2 or

2. an application under section 331, paragraph 1 Z 2 - If this is not the applicant to one bidder remaining in the contract award procedure – within 30 days from the date of first availability of a notice pursuant to the § 54 para 6, 55 paragraph 6, to introduce 217 paragraph of 7 or 219 paragraph 6.

(4) the tender contains an incorrect indication of the responsible contracting authority, the application is, even within the time limits referred to in paragraph 2 and 3 when he was introduced at the contracting authority specified in the invitation to tender. The tender contains no indication of the responsible contracting authority, the application is, even within the time limits referred to in paragraph 2 and 3 when he was introduced at a not obviously incompetent procurement authority.

(5) a request to be established in accordance with article 331, paragraph 1 is inadmissible, unless the alleged violation in a review procedure in accordance with §§ 320 ff may be asserted.

(6) a request to be established in accordance with article 331, paragraph 1 or 2 is also forbidden, when despite the request to improve the application improperly was charged.

(7) an application pursuant to article 331, paragraph 1 Z 2 is also inadmissible, if the contracting authority the decision pursuant to the § 49 para 2, 55 paragraph 5, has posted 210 paragraph of 2 or 219 paragraph 5 or made known and the contract after expiry of a period of ten days after the initial availability has been given the notice.

Procedural provisions

333. (1) the applicant, the principal and a potential tenderer are parties of an approval procedure pursuant to § 312 paragraph 3 and 4. Parties of a determination procedure according to § 312 paragraph 5 are the applicants, the contracting authority and all bidders remaining in the contract award procedure.

(2) on applications for determination in accordance with article 331, paragraph 1 and 2 is without delay, at the latest six weeks after receipt of the request to decide.

Detection of infringements, annulment, and imposition of sanctions

334. (1) the Federal Administrative Court has a determination in accordance with section 312 subsection 3 Nos. 1 and 5 and paragraph 4 Nos. 1 and 3 only to meet if the illegality for the outcome of the procurement procedure by major influences was.

(2) in this paragraph and in paragraph 4 and 5 not else is determined, the Federal Administrative Court in the upper sill has to explain the contract following a determination in accordance with § 312 para 3 Z 3 to 5 absolutely null and void. The Federal Administrative Court has an annulment of the contract or a termination of the contract according to the par. refrain from 4 or 5, if the customer has requested this and overriding reasons of public interest justify it, to maintain the contract. Economic interests, which are directly related to the contract, the maintenance of the Treaty cannot justify, other economic interests only if the cancellation in exceptional cases would have disproportionate consequences.


(3) if in paragraph 4 to 6 not another certainly is, the Federal Administrative Court in the threshold area to explain the contract following a determination in accordance with § 312 para 3 Z 3 to 5 absolutely null and void, if the established procedure of the customer on the basis of the provisions of this Federal Act, the regulations, issued or directly applicable European Union law was manifestly inadmissible.

(4) the performance or a supplied power unit can no longer or only value diminished re provided, so has the Federal Administrative Court, where paragraph 5 not be applied, following a finding pursuant to § 312 para 3 Z 3 to 5 to pronounce that the Treaty only in so far is lifted, pending as benefits or services without any reduction in value are resettable.

(5) the Federal Administrative Court may Z 3 to 5 make following a determination in accordance with section 312, paragraph 3, that the contract with the date of the decision of the Handelshof or later be rescinded if the customer has applied for this. The Federal Administrative Court has the interest of the client in maintaining certain contractual rights and obligations, to weigh up the interests of the applicant at the termination of the contract as well as any affected public interests.

(6) the Federal Administrative Court has an annulment of the contract in accordance with paragraph 3 or a cancellation of the contract in accordance with to refrain from the para 4 or 5 in the threshold area, if the customer has requested this and the interest of the customer to maintain the contractual relationship outweighs the interest of the applicant to the termination of the contract - also in the consideration of the respective public interests -.

(7) if the Federal Administrative Court has apart paragraph 2, first sentence, or 3 from the annulment of the contract in accordance with, then a fine over the contracting authority is to impose, which must be effective, proportionate and dissuasive. Sets a ceiling for a fine of 20 vH of the order amount, vH in the threshold area 10. Fines flowing the funds for the promotion of scientific research (article 2 of the Federal Act to promote the research and development of technology, Federal Law Gazette No. 434/1982) to.

(8) the Federal Administrative Court has the gravity of the offence, the procedure of the principal and accordingly I consider no. 151/2005, and to consider to what extent the contract maintaining the aggravating - and mitigating circumstances pursuant to section 5 of the Association Accountability Act - VbVG, Federal Law Gazette for the imposition of the fine.

Invalid Declaration of revocation

§ 335. The Federal Administrative Court has interest of the bidder on the continuation of the award procedure that outweighs the interest of the customer – even considering the possible public interests - at the termination of the procurement procedure Nos. 3 and 2. following a statement in accordance with § 312 paragraph 4 as well as in procedures in the threshold area following a determination in accordance with § 312 paragraph 4 Z 1 this has requested the withdrawal invalid to explain, if 1 the applicant."

25 paragraph 304:

"304. (1) each during the Federal Procurement Office procedure is assigned to the competent according to the distribution of business Senate for further treatment.

(2) after the business responsibilities falling to a Senate is one thing to assign the of the Senate next according to the allocation of business in the case of the Chairman of the Senate."

26 paragraph 323 subsection 1:

"(1) review requests was at the Federal Procurement Office are immediately make known to the Internet."

27 § 341 para 2 final part reads: "this also applies to the claims referred to in article 337 para. 3 and for claims of unfair competition. Without prejudice to the paragraph 4 the Court and the parties to the proceedings before a contracting authority on such a finding involved."

28 paragraph 341 section 4:

"(4) the decision of the dispute by determining the unlawfulness of a decision of a contracting authority is subject to and the Court considers the decision unlawful, so it has to interrupt the procedure and to covet sec. 2 B-VG the finding of the illegality of the decision with the administrative court with the request pursuant to article 133. After receipt of the decision of the administrative court the ordinary court to continue the proceedings and to decide the dispute under binding on the legal opinion of the administrative court."

29 paragraph 342:

"§ 342. Repeals a decision of a contracting authority by the constitutional or administrative court, and the contract was awarded before the decision of the Constitution or of the Administrative Court, so both the repealed knowledge as well as, where appropriate, the following finding of the contracting authority, that the decision of the contracting authority was unlawful, no effect on the contract have."

30 paragraph 344 paragraph 2:

"(2) administrative penalties are referred to in paragraph 1 by the district administrative authority, to impose in the area of a municipality, for which the National Police Directorate is also a security authority of first instance, by the National Police Directorate,."

31 § 345 17 the following paragraph is added:

"(17) for the entry into force of the Federal Act Federal Law Gazette I no. 128 / 2013 revised provisions, the following applies: 1. the insertion of entries to Section 87a, 99a §, § 241a, section 247a and the recast of the entry prior to section 245 in the table of contents, section 11 section 19, paragraph 7, first sentence, § 41 para 1, § 41 para 1, § 87a with headline, article 99a with headline, article 141, paragraph 1, article 142, paragraph 1" , Article 145, paragraph 2, article 177, paragraph 1, § 187 para 7, § 201 section 1, section 201a para 1, § 241a, including title, description and heading after § 244, section 247a including heading, § 248 par. 12, § 280 para 1, § 304, article 323, paragraph 1, article 344 para 2, § 351 enter into force Z 20 or the inserted in annex VII with the day following the announcement.

2. the procurement procedures already initiated at the time of entry into force referred to in no. 1 are according to the previous legal situation to finish. The proceedings at the time of entry into force referred to in no. 1 at the Federal Procurement Office are to continue by the Federal awarding agency according to the previous legal situation. Carrying out approval procedures according to the previous legal situation is with respect to the tendering procedures have been already completed at the time of entry into force referred to in subpara 1.

3. the insertion of the entry to § 80a and the attachment of the entry on Annex XX in the table of contents, the recasting of the entries to the 4th part together with the headings in the table of contents, section 2 Z 41, § 80a and heading of part 4 including heading, § 341, section 2 final part, section 341 para 4, § 342, article 349, paragraph 1 Z 6, section 349 paragraph 2 first sentence, section 351 Z 21 and annex XX and title apply with 1 January 2014.

4. the current at the time of the entry into force in accordance with no. 3 decision deadlines after the 4th part of this Federal Act in proceedings before the Federal Procurement Office, whose Zuständigkeit 51 Z passes para 8 B-VG at the end of 31 December 2013 on the Federal Administrative Court to continue in accordance with article 151, start with to run January 1, 2014.

5. contains or contained at the time of the entry into force in accordance with no. 3 an invitation to tender indicating that the Federal Procurement Office is the competent contracting authority, the application is also then timely provided, if he was addressed to the Federal Procurement Office and brought the Federal Administrative Court in proof of the attempt of a timely contribution to the Federal procurement office immediately.

6. the term of Office of other members of the Federal Procurement Office, whose term of Office would expire after the date of entry into force referred to in no. 1, will be extended until the end of 31 December 2013."

32. section 349 paragraph 1 No. 6 is: "6 of § 44 para 1, 72 para 4 second sentence, 125 par. 6, 179 paragraph 4 first and fourth set, 179 paragraph 5 seventh and eighth sentence and paragraph 6, 205 para 1, 268 para of 4 and 293 (3) the Federal Minister of economy, family and youth," 33. section 349 paragraph 2 first sentence reads :

"As far as international commitments of in Austria or the change of Union regulations require this or this is permissible due to Union regulations, the Chancellor can determine by regulation, that instead of the annexes I to XIV and XVI to XX other boundaries of the scope to use instrumental or instead of the apparent from annexes other lists of job titles or Union rules or information for notices are or other characteristics for the publication or other requirements for the equipment for the reception of electronically transmitted data sets" apply or other data for calculating the lifetime costs of road transport vehicles are to be used or to observe other requirements for energy efficiency in the procurement of supplies and services."

34. § 351 append following Nos. 20 and 21: 20.

Policy 2011/7/EC of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions, OJ No. L 48 of February 23, 2011 p. 1.

21 directive 2012/27/EC of the European Parliament and of the Council of 25 October 2012 to energy efficiency, the directive 2009/125/EC and 2010/30/EC and repealing directives 2004/8/EC and 2006/32/EC, OJ No. L 315 of the 14.11.2012, p. 1.'

34A. in annex VII, part A, annex VII part B and part C of annex VII the following entry is inserted each after the entry for France: "-Croatia the"Sud Ski registar trgovačkih društava u Hrvatskoj Republicii or Obrtni registar Republike Hrvatske";"

35. in annex XIX, the following Annex XX together with heading is attached:

'Annex XX

Requirements for energy efficiency in accordance with § 80a

For the procurement of supplies and services to observe the following requirements are: a) where goods from one recorded the following acts which, meet goods are to provide, the criterion of belonging to the highest possible energy efficiency class: aa) delegated Regulation (EU) No. 1059/2010 of the Commission by 28 September 2010 to complement the directive 2010/30/EC of the European Parliament and of the Council relating to the labelling of household dishwashers on energy consumption , OJ No. L 314 of the a 30.11.2010, p. 1;

BB) Regulation (EU) Commission by September 28, 2010, to complement the directive 2010/30/EC of the European Parliament and of the Council relating to the labelling of domestic refrigeration appliances in the energy consumption, OJ No. delegated 1060/2010 No. L 314 of the 30.10.2010, p. 17;

CC) delegated Regulation (EU) No. Commission by September 28, 2010, to complement the directive 2010/30/EC of the European Parliament and of the Council relating to the labelling of household washing machines in relation to the energy consumption, OJ 1061/2010 No. L 314 of the 30.10.2010, p. 47;

DD) delegated Regulation (EU) No. Commission by September 28, 2010, to complement the directive 2010/30/EC of the European Parliament and of the Council relating to the labelling of televisions in the energy consumption, OJ 1062/2010 No. L 314 of the 30.10.2010, S. 64;

EE) delegated Regulation (EU) No. 626/2011 of the Commission by May 4th, 2011 to complement the directive 2010/30/EC of the European Parliament and of the Council relating to the labelling of Luftkonditionierern in relation to the energy consumption; OJ No. L 178, the 06.07.2011, p. 1;

FF) delegated Regulation (EU) No. 392/2012 of the Commission by March 1, 2012, to complement the directive 2010/30/EC of the European Parliament and of the Council relating to the labelling of household tumble driers as regards energy consumption, OJ No. L 123 of the 09.05.2012, p. 1;

Gg) delegated Regulation (EU) No. 874/2012 of the Commission on 12 July 2012 to complement the directive 2010/30/EC of the European Parliament and of the Council with regard to energy labelling of electrical lamps and fixtures, OJ No. L 258 of the 26.09.2012, p. 1.

(b) where goods, which are not under lit. a fall by one of the following implementing measure adopted after 4 December 2012 in accordance with Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of requirements on the eco-design of energy-related products, OJ No L 285 of October 21, 2009, S. 10, recorded, which comply with goods to obtain the reference values set out in the relevant implementing measure for the energy efficiency:-c) as far as office equipment is covered by one of the following acts, Office equipment should be procured, which meet at least those energy efficiency requirements that are listed in the following acts: aa) 2009/789/EC: Commission decision of 26 October 2009 establishing the position of the community for a decision according to the agreement between the Government of the United Office equipment of States of America and the European Community on the coordination of labelling programmes for current used administrative bodies relating to the modification of specifications for computer screens in Annex C part II of the Treaty, OJ L No. 282 of October 29, 2009, p. 23;

BB) 2009/489/EC: Commission decision of 16 June 2009 on the establishment of the Community position for a decision of administrative bodies established under the agreement between the Government of the United States of America and the European Community on the coordination of labelling programmes for power office equipment on amending the specifications for computers in appendix c. part VIII of the agreement , OJ L No. 161 of June 24, 2009, p. 16;

CC) 2009/347/EC: Commission decision of 20 April 2009 for the establishment of the Community position for a decision of administrative bodies established under the agreement between the Government of the United States of America and the European Community on the coordination of labelling programmes for power office equipment on amending the specifications for imaging equipment in Annex C of part VII of the agreement , OJ L No. 106 of April 28, 2009, p. 25.

(d) tyres should be procured, that the criterion of belonging to 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 S comply with no L 342 of 22.12.2009, 46. But this prevents the contracting authorities referred to in annex V shall not obtain tyres with the best wet adhesion properties or the least rolling noise, unless this is justified for reasons of safety or public health."

Article 2

Amendment of the Federal Procurement Act defence & Security 2012

The Federal Procurement Act defence & Security 2012 - BVergGVS 2012, Federal Law Gazette I no. 10/2012, as last amended by the regulation Federal Law Gazette II No. 132/2012, is amended as follows:

1. the entry to the title of the 3rd section in the table of contents is as follows:

"Part 3

Legal protection before the Federal Administrative Court"

2. the entry to the heading of the 5th section in the table of contents is as follows:

"Part 5

Criminal, final and transitional provisions"

3. in article 1, the sales designation (1) is eliminated.

4. in article 3, no. 16 lit. a sublit. DD, the reference is "sublit. AA), cc) or dd) "with the reference"sublit. " (aa) to cc) "replaced."

5. paragraph 3 Z 37: "37. Contracting authorities are the authorities appointed to the control of procurement of services covered by this federal law by contracting authorities subject to this federal law or administrative courts."

6. in the sections 32 (1) and 33 para 1 replaces the reference "the 3rd and 4th part" is each reference "the 3 to 5 part".

7. the heading of the 3rd part is as follows:

"Part 3

Legal protection before the Federal Administrative Court"

8 sections 136 and 137 along with headings are:

"Additional organization-legal regulations

A specialized magistrates has 136. (1) the performance of his duties to include and its representation to get themselves if classified information involved in a proceeding before the Federal Administrative Court and the specialised magistrates has not the required security level for the concerned classified information.

(2) in the rules of procedure of the Handelshof pursuant to § 19 of the Federal Administrative Court Act - BVwGG, Federal Law Gazette I 10/2013, are no. provisions dealing with and to meet the protection of classified documents and information relating to the proceedings before the Federal Administrative Court. There are provisions on the venue, the convening and conducting negotiations, which have classified information about the object or may have to meet in the rules of procedure if necessary.

(3) the publication of findings and decisions in accordance with article 20 BVwGG is the protection of classified information to ensure.

(4) when ordering the competent magistrates is to be taken into account, that for the treatment of redress in accordance with this federal law a sufficient number of persons completed whose security clearance or reliability check with positive results available.

(5) the Federal Administrative Court has to ensure, that in the treatment of redress in accordance with this federal law the competent magistrates have the prescribed or required level of security for the handling of classified information.

(6) the Federal Administrative Court is entitled to use for the treatment of redress in accordance with this federal law infrastructure of departments of the Federal Government to the extent necessary in, if this is required, economically necessary and reasonable for the services used to protect of classified information.

Additional procedural rules


Section 137 (1) is the public from the hearing to exclude, as far as this is necessary to safeguard the national security or the protection of classified information. Parties, parties or their representatives are from the hearing to the extent to exclude, as classified information in a proceeding before the Federal Administrative Court and the party, the party or its representative is not the prescribed level of security for the concerned classified information.

(2) the exclusion of the public and by parties, parties or their representatives according to process senior decision either on own initiative or on application by a party or a witness.

(3) immediately after the promulgation of the decision about the exclusion of the public and parties, parties or their representatives have the entire audience or the persons concerned, to remove. However, excluded parties can require, allow participation in the proceedings a person of their confidence, which has the required security level for the concerned classified information.

(4) if the public was excluded from a hearing, it is as far as prohibited to redistribute circumstances from when this is necessary for the reasons set out in paragraph 1.

(5) If classified information is involved in proceedings before the Federal Administrative Court, an application under sections 322, to contain 328 and 332 BVergG 2006 anyway, also indicate which representative of the applicant of a security clearance or reliability check according to the §§ 55-55 b SPG or 23 and 24 MBG or an equivalent security check from another Member State has undergone and has therefore the prescribed safety level for the concerned classified information has.

(6) If classified information is involved in proceedings before the Federal Administrative Court, the customer shall have a representative to announce who has undergone a security clearance or reliability check according to the §§ 55-55 b SPG or 23 and 24 MBG and has therefore the prescribed safety level for the concerned classified information without delay.

(7) on applications for issuing injunctions within the scope of this federal law, it is immediately, but no later than ten working days after receipt of the request to decide. Had to reset the application to improve, is to decide on it at the latest within fourteen working days.

(8) as overriding reasons of general interest referred to in section 334 subsection 2 2006 apply BVergG within the scope of this federal law particularly compelling reasons relating to defence or security interests. The Federal Administrative Court has also a declaration of the invalidity of the contract or a termination of the contract pursuant to § 334 2006 to refrain from para 4 or 5 of the BVergG, if the customer has requested this and the existence of a broader defense or Sicherheitsprogrammes, which is a Member State of the European Union essential security interests, would significantly endanger the consequences of nullity or annulment.

(9) for applications in legal protection in accordance with this federal law and the procedures before the Federal Administrative Court no fees after the fees Act."

9 § 142 para 2 final part reads: "This applies also for the claims referred to in article 139, paragraph 3, as well as for claims arising from unfair competition. Without prejudice to the paragraph 4 the Court and the parties to the proceedings before a contracting authority on such a finding involved."

10 paragraph 142 paragraph 4:

"(4) the decision of the dispute by determining the unlawfulness of a decision of a contracting authority is subject to and the Court considers the decision unlawful, so it has to interrupt the procedure and to covet sec. 2 B-VG the finding of the illegality of the decision with the administrative court with the request pursuant to article 133. After receipt of the decision of the administrative court the ordinary court to continue the proceedings and to decide the dispute under binding on the legal opinion of the administrative court."

11 paragraph 143:

"§ 143. Repeals a decision of a contracting authority by the constitutional or administrative court, and the contract was awarded before the decision of the Constitution or of the Administrative Court, so both the repealed knowledge as well as, where appropriate, the following finding of the contracting authority, that the decision of the contracting authority was unlawful, no effect on the contract have."

12 name and title are according to § 143:

"Part 5

Criminal, final and transitional provisions"

13. in article 144, paragraph 2, the phrase "A Federal Police Directorate of this area" "Area of a municipality, for which the National Police Directorate is also a security authority of first instance, by the National Police Directorate" is replaced by the phrase.

14 § 145 the following paragraph 4 is added:

"(4) for the entry into force of the Federal Act Federal Law Gazette I no. 128 / 2013 revised provisions, the following applies: 1. the entry to the heading of the 5 section in the table of contents, § 3 No. 16 lit." a sublit. DD, para 1, the designation and heading to § 32 para 1, § 33 § 143, section 144, paragraph 2, and the insertions in annex V with the day following the proclamation into force; at the same time, the sales designation occurs in § 1 override.

2. the entry to the title of the 3rd part in the table of contents, § 3 Z 37, the heading of the 3rd part, the §§ 136 and 137 along with headings, section 142, paragraph 2 final part, section 142, paragraph 4 and article 143 with 1 January 2014 into force.

3. the current at the time of the entry into force in accordance with no. 2 decision deadlines according to section 3 of the Federal Act in proceedings before the Federal Procurement Office, whose Zuständigkeit 51 Z passes para 8 B-VG at the end of 31 December 2013 on the Federal Administrative Court to continue in accordance with article 151, start with to run January 1, 2014.

4. contains or contained at the time of the entry into force in accordance with no. 2 a call indicating that the Federal Procurement Office is the competent contracting authority, is the request was also then timely provided, when he addressed the federal public procurement office and brought the Federal Administrative Court in proof of the attempt of a timely contribution to the Federal procurement office immediately."

15. in annex V, part A, annex V, part B and part C of annex V, the following entry is inserted after the entry for France: "-Croatia the"Sud Ski registar trgovačkih društava u Hrvatskoj Republicii or Obrtni registar Republike Hrvatske";"

Fischer

Faymann