Federal Procurement Act Defence & Security 2012 - 2012 Bverggvs And Amend The Federal Procurement Act 2006

Original Language Title: Bundesvergabegesetz Verteidigung und Sicherheit 2012 – BVergGVS 2012 und Änderung des Bundesvergabegesetzes 2006

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997708/bundesvergabegesetz-verteidigung-und-sicherheit-2012--bverggvs-2012-und-nderung-des-bundesvergabegesetzes-2006.html

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10 federal law with a federal law on the award of contracts in the defence and security sectors (Federal Procurement Act defence & Security 2012 - BVergGVS 2012) adopted, as well as the Federal Procurement Act 2006 changes

The National Council has decided:

Article 1

Federal law on the award of contracts in the defence and security sectors (Federal Procurement Act defence & Security 2012 - BVergGVS 2012)

Table of contents



1 part subject and definitions







§ 1.





Subject







§ 2.





Procurement procedures, which are subject to different rules







§ 3.





Definitions







2. part of procurement procedures for contracting authorities







1. main piece scope, principles







1 article personal and material scope (order types)







§ 4.





Contracting Authority







§ 5.





Construction jobs







§ 6.





Public supply contracts







§ 7.





Service contracts







§ 8.





Accrual schemes







§ 9.





Procurement procedures are excluded from the scope of the Act







2. thresholds, calculation of the estimated value of the performance section







§ 10.





Threshold values







§ 11.





General provisions relating to the calculation of the estimated value of the order







§ 12.





Calculation of the estimated contract value for works contracts







§ 13.





Calculation of the estimated contract value for supply contracts







§ 14.





Calculating the estimated contract value for service contracts







§ 15.





Calculation of the estimated contract value of framework agreements







§ 16.





Change the threshold or Los values







3. section principles of the procurement procedure and general provisions







§ 17.





Principles of the procurement procedure







§ 18.





General provisions on candidates and tenderers







§ 19.





Reserved orders for sheltered workshops or integrative enterprises







§ 20.





General provisions relating to the allocation of benefits and services







§ 21.





Confidentiality of documents relating to public procurement proceedings, exploitation rights







section 22.





Protection of classified information







2. main piece types and choice of award procedures







1. section types of award procedures







section 23.





Types of procedures for the award of contracts







2. section choice of award procedures in the upper and lower threshold area







§ 24.





Choice of the restricted procedure with prior publication of notice and the negotiated procedure with prior publication of notice







§ 25.





Choice of the negotiated procedure without prior publication of notice







section 26.





Types of electronic auction and choice of procurement through an electronic auction







§ 27.





Conclusion of agreements and contracts on the basis of a framework agreement







section 28.





Choice of competitive dialogue







section 29.





Hold down the reasons for the choice of certain procurement procedures







3. section only in the threshold area approved procurement procedures







section 30.





Award of contracts







§ 31.





Additional possibilities of choice of the negotiated procedure without prior publication of notice







§ 32.





Direct award







§ 33.





Direct Award with prior notice







§ 34.





Hold down the reasons for the choice of certain procurement procedures







3. main piece provisions for carrying out procurement procedures







1 cut off routes of transmission of information and transmission of documents







section 35.





Transmission of documents or information between clients and contractors







section 36.





Statistical obligations of the customer







section 37.





Submission of other documents







2. cut off notices







1 subsection General provisions notices







section 38.





Subcontract services







§ 39.





Correction of notices







section 40.





Publication of a Beschafferprofils







section 41.





Voluntary notices at Union level







2. subsection special notice provisions for the upper threshold area







§ 42.





Announcements at European Union level







§ 43.





Use of the CPV in announcements







§ 44.





Notices in Austria and in other media







§ 45.





Publication of a prior information notice







§ 46.





Announcement of awarded contracts and framework agreements







3. subsection special notice provisions for the lower threshold area







§ 47.





Notices in Austria and in other media







3. section deadlines







1 subsection General provisions governing periods







section 48.





Calculation of time limits







paragraph 49.





Principles for the design and extension of deadlines







§ 50.





Transmission and information deadlines







2. subsection regular minimum time limits for procurement procedures in the area of upper threshold







§ 51.





Participation deadlines







§ 52.





Offer deadlines







3. subsection shortened deadlines for procurement procedures in the area of upper threshold







section 53.





Offer deadlines for the accelerated after prior information notice







§ 54.





Shorter supply and participation in periods when using electronic media







Article 55.





Shorter terms and offer deadlines in the accelerated procedure in an emergency







4. subsection relating to deadlines in the threshold area







Article 56.





Participation, supply, delivery and information deadlines







4. section fitness entrepreneur







1 entrepreneurs to exclude from participation in the procurement procedure subsection







§ 57.





Grounds for exclusion







2. subsection eligibility requirements and evidence of suitability







section 58.





Time of the existence of the suitability







section 59.





Self-certification, request the evidence by the customer







section 60.





Proof of the power of







section 61.





Proof of professional reliability







§ 62.





Assessment of professional reliability







section 63.





Proof of the financial and economic capacity







section 64.





Proof of the technical performance of







section 65.





Proof of suitability with other entrepreneurs







§ 66.





Quality assurance standards and standards for environmental management







5. cut off the tender







1 section General provisions







section 67.





Principles of the tender







section 68.





Content of the tender documents







section 69.





Information security







Article 70.





Security of supply







§ 71.





Alternative offers







section 72.





Amendment offers







Article 73.





General provisions relating to subcontractors services







section 74.





Special provisions regarding subcontractor services







§ 75.





Compliance with labour and social legislation







section 76.





Amending the tender







2. subsection special alert provisions concerning electronically submitted deals







§ 77.





Requirements for the submission of electronic tenders







§ 78.






Communication channels







section 79.





Document formats







section 80.





Encryption







3. subsection the description of the services and provisions on the performance contract







Article 81.





Types of performance description







Article 82.





Principles of the specifications







section 83.





Technical specifications







§ 84.





Provisions of the Treaty







4. subsection provisions for the tender in procurement procedures in the threshold area







§ 85.





Principles of the tender







6 section trace of individual procurement procedures







§ 86.





Participants in the negotiated procedure without prior publication of notice







section 87.





Participants in the restricted procedure with prior publication of notice and the negotiated procedure with prior publication of notice







§ 88.





The restricted procedure







§ 89.





The negotiation process







7. cut the offer







1 subsection general rules for offers







Article 90.





General terms and conditions







section 91.





Form of tenders







section 92.





Content of bids







Article 93.





Special provisions concerning the content of the offers in functional specifications







§ 94.





Submission of offers in the form of paper







section 95.





Surcharge period







2. Special provisions for electronically transmitted services subsection







§ 96.





General provisions for electronically transmitted services







Article 97.





Form encryption and qualified signature of the offer







Article 98.





Safe chain offer components







section 99.





Authority to issue regulations







8 section the percentage method.







1 subsection reception and opening of bids







section 100.





Opening of offers in the form of paper, receipt and custody







§ 101.





Reception and opening electronically submitted tenders







§ 102.





Storage of electronically submitted deals







2. subsection examination of tenders and termination of services







§ 103.





Examination of tenders







section 104.





Verifying that the prices - advanced range testing







§ 105.





Withdrawal of offer







3. subsection the surcharge







Section 106.





Choice of the offer for the contract







§ 107.





Notification of the contract award decision







section 108.





Standstill period and contract award







section 109.





Effectiveness of the bid







section 110.





Form of the conclusion of the contract







9 section termination of the procurement procedure







section 111.





Basic







§ 112.





Documentation requirements







§ 113.





Archiving in procurement procedures conducted by electronic means







§ 114.





Reasons for the revocation of a procurement procedure







section 115.





Announcing the revocation decision, standstill, ineffectiveness of withdrawal







4. main piece provisions for special orders and special procedures







1 section provisions relating to the award of sub contracts







section 116.





General information and policies







§ 117.





Threshold values







§ 118.





Provisions relating to notices







§ 119.





Eligibility criteria for subcontractors







section 120.





Special provisions for sub contracts based on a framework agreement







§ 121.





Exemption from the requirements for the award of a sub request







Article 122.





Civil law provisions







2. section not priority service contracts







section 123.





Not priority service contracts







3. cut off provisions relating to the implementation of electronic auctions







section 124.





Basic







section 125.





General provisions relating to the implementation of electronic auctions







§ 126.





Special provisions for the implementation of simple electronic auctions







section 127.





Special provisions for the implementation of other electronic auctions







4. cut off provisions for the conclusion of framework agreements and the granting







of jobs on the basis of framework agreements







section 128.





General information







§ 129.





Framework agreements







§ 130.





Award of contracts on the basis of framework agreements







5. cut off provisions governing the competitive dialogue







§ 131.





General information







§ 132.





Participants in the competitive dialogue







section 133.





Dialog phase







section 134.





Invitation to tender and award of the contract







3. part legal protection before the Federal Procurement Office







§ 135.





General information







section 136.





Additional organization-legal regulations







section 137.





Additional procedural rules







4. part non control and civil provisions







section 138.





Correction mechanism and procedure of the Republic of Austria with the Commission







section 139.





Claims for damages and recourse against the beneficiary bidder







section 140.





The customer's right of withdrawal







section 141.





Relationship to other laws







§ 142.





Jurisdiction and procedure







section 143.





Effect of a repealed decision on the contract







6. part criminal, final and transitional provisions







section 144.





Penal provisions







section 145.





Entry into force and transitional provisions







section 146.





Adoption and entry into force of regulations







§ 147.





Applicability of the provisions of this Federal Act







§ 148.





Enforcement







section 149.





References, personal names







section 150.





Reference to legal acts of the Union







 







Annex I: list of military equipment







Annex II: List of activities in accordance with § 5 No. 1







Annex III: Priority services







Annex IV: Non-priority services







Annex V: list of relevant professional and trade registers or certificates and affidavits in accordance with §§ 60 Z 1 and 61 para 2 subpara 1







Annex VI: Information that must be included in the upper sill in notices in accordance with the sections 38, 45, 46, 53 and 112







Annex VII: Information that must be included in announcements about sub orders (according to § 118)







Annex VIII: Pattern for the publication of procurement procedures in the threshold area







Annex IX: Characteristics of the publication








Annex X: requirements to devices for the electronic receipt of requests to participate or offers





 

1 part

Subject and definitions

Subject

§ 1 (1) this federal law regulates



1. the procedures for the procurement of services (procurement) in the defence and security sectors, which are the award of construction, supply and service contracts by contracting authorities, whose performance object includes the following: a) the supply of military equipment, including any parts, components or kits, b) delivery of sensitive equipment, including related parts, components and/or assemblies, c) works, supplies and services directly related to the in the lit. a and mentioned b equipment in all phases of their life cycle, or d) construction and services specifically for military purposes or sensitive construction services and sensitive services, 2. the protection of rights in connection with procurement procedures according to Z 1, which fall in the enforcement area of the Federal Government, as well as 3. the procedure in connection with out-of-State control of procurement procedures in accordance with no. 1 and certain civil consequences.

Procurement procedures, which are subject to different rules

§ 2 (1) is a part of the performance of a procurement procedure subject to the provisions of the Federal law on the award of contracts, BVergG 2006, Federal Law Gazette I no. 17, the other part of the performance, but the provisions of this Federal Act, so is making the award procedure in accordance with the provisions of this Federal Act, provided that the granting of a single contract for objective reasons is justified.

(2) a part of the performance of a tendering procedure is subject to the provisions of this federal law and the other part of the performance, the provisions of this Federal Act nor the terms of the BVergG 2006, so the provisions of this federal law do not apply, unless the awarding of a single contract for objective reasons is justified.

(3) the decision on the award of a single contract may not be with the objective of to circumvent the application of the BVergG 2006 or this Federal Act.

Definitions

§ 3. Following definitions shall prevail within the scope of this federal law:



1st Amendment is an a bidder's offer, which includes an only minor technical, but generally change, such as the choice of material, usually at the item level, in terms of the advertised performance that differs from the advertised performance but not in a so extensive extent as an alternative offer.

2. alternative offer is an offer of an alternative proposal of performance of the tenderer.

3. offer is the explanation of a bidder to provide a particular service for a fee in compliance with specified conditions.

4. offer part is each separate part of a consisting of several parts (such as stand-alone documents, evidence, statements, documents, stand-alone files).

5. offer body is that part of the offer which must contain at least the following information: a) (company, trade name) name and place of business of the service provider; (in working groups the naming one to conclude and to the handling of the procurement procedure and the contract authorized representative stating his address, b) the electronic address of that place, who is entitled to receive the post, c) the total price or the price with indication of the extent of any discounts and premiums, and if the assignment in parts or for the performance of all or part same variants were intended , also the overall prices of part of or part offer price as well as the variant price, d) at variable prices – if not relevant ÖNORMen applicable - declared the rules and conditions that enable a unique price conversion, e) any alternative or modification offer price, as well as f) the offer of contents.

6 offer contents is the full list of the main part of the offer enclosed or separately tabled another offer elements.

7 working group is an amalgamation of several entrepreneurs who are committed without prejudice to the other provisions of the existing between them inside relationship of fields of the customer to jointly and severally to the contractual provision of a service in relation to same or different.

8 client is any legal entity, which contractually granted an order for the provision of services against payment to a contractor or intends to grant.

9 contractor is every entrepreneur with the contractually agreed, to provide the contracting authority for a fee.

10 tender is addressed to a specific or an indeterminate number of entrepreneurs, the Declaration of the customer, in which he sets, what performance they wish to receive to those provisions (notice, tender and auction documents, 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).

11 building is the result of a whole of low or high construction work, which should fulfil an economic or technical function in nature.

12 candidates is an entrepreneur or an Association of entrepreneurs who want to participate in a tendering procedure, and expressed this through an application or a request and obtaining tender documents.

13 bidders is an entrepreneur or an Association of entrepreneurs, who tabled an offer.

14 Consortium is an Association of several entrepreneurs for the purpose of submitting a joint offer, which may have services on the same or different disciplines to the content area.

15 electronically, a procedure in which electronic equipment for the processing (including digital compression) and storage of data come to use and the information by wire, by radio, transfer with optical methods or by other electromagnetic means, is be conveyed and received.

16 decision is any definition of a contracting authority in the contract award procedure.

a) following, any outward appearance decisions are separately countervailable: aa) in the restricted procedure with prior publication of notice: the tender (invitation to submit of a participation request); No admission to participation; the invitation to tender; other provisions during the offer period; the withdrawal of an offer; the revocation decision; the contract award decision;

BB) in the negotiated procedure with prior publication of notice: the tender (invitation to submit of a participation request); No admission to participation; the invitation to tender; other provisions during the negotiation phase or during the offer period; the withdrawal of an offer; the revocation decision; the contract award decision;

CC) under the negotiated procedure without prior publication of notice: the invitation to tender; other provisions during the negotiation phase or during the offer period; the withdrawal of an offer; the revocation decision; the contract award decision;

DD) when the agreement: as regards the procedure leading to the conclusion of the framework agreement, which separately actionable decisions according to sublit. AA), cc) or dd) with the exception of contract award decision; the decision, with which entrepreneurs or with which entrepreneurs the framework agreement to be completed; on a framework agreement concluded with several entrepreneurs, the renewed call for competition; the withdrawal of an offer; the revocation decision; the contract award decision;

EE) in the competitive dialogue: the tender; No admission to participation; the call for participation; the non-consideration of a solution in the dialogue phase; the completion of the dialogue phase; the invitation to tender, the withdrawal of an offer; the revocation decision; the contract award decision;

FF) at the direct award: the choice of award procedures;

Gg) at the direct Award with prior notice: the choice of award procedures; the notice.

b) not separately actionable decisions are all the rest, the separately actionable decisions time previous decisions. These can be challenged-oriented investigation request them only in the next following separately appealable decision.

17. European technical approval is a positive technical assessment of the fitness of a product with respect to the fulfilment of the essential requirements for structural systems; It is done on the basis of the specific characteristics of the product and the defined application and conditions of use. European technical approval is granted by another Member State of the EU or an other party of the EEA Agreement by one for this purpose approved organization.

18.

Research and development are all activities involving basic research, applied research, and experimental development. Experimental development can the production of technological demonstration systems, devices for the demonstration of the services a new concept or a new technology in a relevant or representative environment, include.

19 intellectual services are local services, which does not necessarily lead to the same result, because their essential content in the solution of a problem by providing mental work. For such services, a goal or task description, but not a previous clear and complete description of performance (constructive specifications) is possible but its very nature.

20 common technical specification is a technical specification, which was developed validated procedures and published in the official journal of the European Union (EU or Union) by one of a Member State of the EU or an other party of the EEA Agreement.

21 crisis is any situation in Austria, in another Member State of the EU or in a third country, where a loss event has occurred, which goes beyond clear about the magnitude of loss events of daily life and significantly compromised in life and health of many people or restrict, has a significant impact on property or requires vital supply measures for the population. a crisis exists even if the occurrence of such event as imminent forthcoming is seen, as well as in the case of armed conflicts and wars.

22 criteria:



(a) selection criteria are established, non-discriminatory, matched to the content of the performance, entrepreneur-related criteria, according to which the quality of applicants is assessed and the selection in the restricted procedure with prior publication of notice or prior call for competition, the negotiated procedure with prior publication of notice or after prior call for competition, not open competitions or the competitive dialogue the contracting authority in the order of importance.

(b) eligibility criteria are matched to the content of the performance, set by the contracting authority, non-discriminatory minimum requirements the candidates or tenderers who are in accordance with the provisions of this Federal Act.

c) award criteria or criterion



AA) by the principal in relation or set as an exception in the order of importance, non-discriminatory and related to the subject of the order criteria according to which the technically and economically most advantageous tender, determines such as quality, price, are value, practicality, environmental characteristics, operating costs, costs during the lifetime, profitability, customer service and technical assistance in the choice of the technically and economically most favourable offer technical , Delivery date and delivery or execution time, supply security, interoperability and properties when usage or bb) the price is at the choice of the offer with the lowest price.

23 all successive stages, going through a product, in particular research and development, industrial development, manufacture, repair, modernization, change, maintenance, logistics, training, testing, withdrawal and disposal are life cycle.

24 solution is introduced as part of a competitive dialogue from a participant in the dialogue, non-binding statement of funds to meet the needs and requirements of the client, which is the subject of discussions between the participants and the customer.

25 military equipment is the equipment which specifically military purpose is designed or adapted for military purposes and is intended to be used as weapons, munitions or war material. It includes in particular the products referred to in annex I.

26 standard is a technical specification approved by a recognised standardisation body for repeated or continuous application, compliance with which is not compulsory and which falls under one of the following categories: a) European standard: standard that is adopted by a European standardisation body and is open to the public.

b) international norm: Norm which is adopted by an international standardisation body and is open to the public.

(c) national standard): Standard, which is adopted by a national standardisation body and is open to the public.

27 qualified electronic signature is an electronic signature, the meets the requirements of § 2 Z 3a of the signature law (SigG), Federal Law Gazette I no. 190/1999,.

28 Government is any national, regional or local authority of a Member State of the EU, an other Contracting Parties of the EEA Agreement or a third country.

29. in writing means each consisting of words and numbers representation, which can be read, reproduced and communicated. It also electronically transmitted and stored information can be included. Where the requirement of the written form is provided for in this federal law, can be conducted also electronic form this requirement.

30 sensitive equipment, sensitive construction or services are equipment, construction or services for security purposes, involving classified information are used or require or include the classified information.

31 safe chaining is the combination of a range of its constituent parts in electronic form with the offer body through registration of the respective file name and the hash value of this file in the contents of the offer and subsequent secure electronic signatures of offering bulk.

32. sub contract is a paid contract concluded between a successful tenderer and one or more contractors about the execution of an order or parts of thereof.

33. technical reference is any reference framework, which is not official standard and was developed by the European standardisation bodies according to the procedures adapted to the needs of the market.

34. technical specifications:



a) technical specifications are contained in particular in the tender documents, all requirements for a building performance for construction contracts, a material, a product or a delivery, with whose help the construction performance, the material, the product or the delivery as referred to may be, that they fulfil their purpose set by the customer. Level of environmental performance, design for all requirements (including access for people with disabilities) and conformity assessment, guidelines for the performance, safety or dimensions, including the conformity assessment procedures, terminology, symbols, testing and test methods, packaging, marking and label, manuals and production processes and methods belong to these technical requirements. These include also the requirements for the design and calculation of structures, which is capable of conditions for the testing, inspection and acceptance of constructions, the construction methods or procedures, and all other technical requirements, to specify of this necessary materials required the contracting for finished buildings or parts by General or special rules.

(b) technical specifications are specifications for fitness for purpose, use, safety or dimensions of the product, including those on sales designation, terminology, symbols, testing and test methods for the supply and service contracts specifications, contained in a document that writes features for a product or a service, such as quality levels, environmental performance, design for all requirements (including the access for disabled persons) and conformity assessment, , Packaging, labelling and labelling, user instructions, production processes and methods and conformity assessment procedures.

35. entrepreneurs are entities such as natural or legal persons, public bodies or associations of such persons and/or bodies, registered partnerships or worker and tenders that offer the execution of works, the supply of goods or the provision of services on the market.

36.

Associated company is any company, whose annual accounts in accordance with section 228 of the company law book (UGB), dRGBl. S 219/1897, with that of the principal, candidate or tenderer has been consolidated; in the case of clients, candidates or tenderers who do not fall under this provision, affiliates are those on which the contracting authority, the candidate or the tenderer directly or indirectly may exert a dominant influence or which can exert a dominant influence on the contracting authority, the candidate or tenderer or which is subject to the dominant influence of another undertaking as well as the contracting authority, the candidate or tenderer , unless on the basis of ownership, financial participation or the other rules applicable to the company. A dominant influence is assumed when a company directly or indirectly owns the majority of the subscribed capital of another company or has the majority of the voting rights attaching to the shares of another company or can order more than half of the members of the administrative, management or supervisory body of another company.

37. Contracting authorities are under orders by subject to this federal law contracting authority of appointed federal and land authorities to control of the allocation of this federal law.

38. forgiving place those OU or that representative of the customer, is that the procurement process for the client performs.

39. classified information (classified information) are material, or information which (the) regardless of form, nature or type of transmission is assigned to a degree of secrecy or for which (the) a vulnerability was recognized and the (das) in the interests of national security, and according to the laws and regulations against misuse, destruction, removal, disclosure, loss or access (must be) must be protected by unauthorized persons or any other type of disclosure to unauthorized persons.

40. defence standard (military standard) is a technical specification approved by a standardization body that is specialised in the development of technical specifications for repeated or continuous application in defence, and compliance with which is not compulsory.

41. revocation decision is the given to entrepreneurs, non-binding memorandum of understanding, to revoke an allocation procedure.

42. Widerrufserklärung(Widerruf) is the Declaration of the customer, a procedure without procurement procedures or to stop discovery of or the Gewinner(s) or the Teilnehmer(s) to entrepreneurs.

43. time stamp is an electronic certificate that certain electronic records at any given time are located in 44. central purchasing body is a contracting entity in accordance with § 4 Z 1-3 or a contracting authority of another Member State of the EU or an other party of the EEA Agreement, which complies with the requirements contained in this legislation, a European public institution, or a) purchases for buyers of certain goods and/or services or b) for customer forgives orders or for customer agreements on construction That completes the delivery or services.

45. procurement procedures, are civilian procurement the procurement of non-military services for logistic purposes; non-military services are the subject of performance others concerns than that in article 1, paragraph 1 Z 1 these service items.

46. contract award decision is the given to bidders, non-binding memorandum of understanding, the surcharge is to be granted what bidders.

47. Zuschlagserteilung(Zuschlag) is the written statement to the bidder, to accept his offer.

2 part

Procurement procedures for contracting authorities

1. main piece

Scope, principles

1 section

Personal and material scope (order types)

Contracting Authority

§ 4. This federal law applies to the procurement procedures by contracting authorities that are



1. the federal countries, the municipalities and municipal associations, 2. devices, the a) were established for the specific purpose, in the general interest to fulfill these tasks, which are non-commercial, and b) are at least partial legal capacity and c) mainly by contracting authorities in accordance with subpara 1 or other facilities within the meaning of no. 2 are funded or which are subject to in their line of supervision by the latter or their management That is managerial or supervisory body mostly made up of members who have been appointed by contracting authorities in accordance with subpara 1 or other facilities within the meaning of no. 2 3 associations formed, from one or more Contracting authorities in accordance with Z 1 or 2 4 public company according to § 165 paragraph 2 BVergG 2006, a sector activity in accordance with the paragraphs 167 to 172 BVergG 2006 exercise, 5 private client , which are not covered by Z 1 to 4 and § 167 to 172 BVergG 2006 2006 perform a sector activities according to the § BVergG on the basis of special or exclusive rights in accordance with section 166, paragraph 2.

Construction jobs

§ 5 construction jobs are paid jobs, the subject of the contract



1. the execution or the concurrent execution and planning for construction projects in connection with an activity referred to in annex II, or 2. the execution of a building, or 3. the performance of construction by third parties in accordance with the requirements referred to by the customer, no matter by what means this is, is.

Public supply contracts

§ 6 delivery orders are paid orders, whose contract of purchase, leasing, hire, lease or the hire-purchase, with or without option to buy, of products, including subsidiary works such as laying and installation, is.

Service contracts

§ 7 service contracts are paid orders, which are not construction or supply contracts and their contract are services within the meaning of annexes III (priority service contracts) or IV (not priority service contracts).

Accrual schemes

§ 8 (1) payment orders, which include deliveries within the meaning of article 6, as well as services within the meaning of section 7, apply as service contracts, if the value of the services covered by the contract is higher than the total value of the goods. Otherwise, such orders shall be as supply contracts.

(2) payment orders, which services within the meaning of section 7 as well as construction services within the meaning of annex II as incidental to the principal object of the contract include, service contracts are considered.

(3) payment orders, which include priority services listed in annex III as well as non-priority services referred to in annex IV, are considered priority service contracts, when the value of the services listed in annex III is greater than the one of the services listed in annex IV. The value of the services listed in annex IV is greater than the one of the services listed in annex III, the orders shall be as non-priority service contracts.

Procurement procedures are excluded from the scope of the Act

9. (1) this Act does not apply



1. for contracts on which the exemption provisions of articles 36, 51, 52, 62, or 346 of the Treaty on the functioning of the European Union (TFEU) apply, 2. for orders that are subject to special rules of procedure of an international organisation, or for orders that are awarded 3 for orders, an international organization due to the special procedure are subject to the special rules of procedure and on the basis of a concluded between the Republic of Austria and another Member State of the European Union and one or more third countries (International) Agreement or understanding are awarded 4 for orders, which are subject to special rules of procedure and which will be awarded 5 for orders where the application of the provisions of this Federal Act would force the Federal Government or a land, to provide information on the basis of an international agreement or understanding in connection with the stay of troops, affecting companies of a Member State of the European Union or a third country, , the disclosure of his opinion of its essential security interests contrary to 6 for orders for the purpose of intelligence activities, 7 for orders, which will be awarded in the framework of a cooperation programme, based on research and development and is carried by at least two Member States of the European Union for the development of a new product and, where appropriate, the later stages of the whole or a part of the life cycle of this product. At the conclusion of such a cooperation program between Member States, the Member States of the European Commission (Commission) share the agreement on cost-sharing and, where appropriate, the planned share of procurement per Member State the share of research and development expenditure in the total cost of the programme, 8.

for contracts, awarded in a third country procurement in the context of the use of armed or security forces outside the territory of the European Union are, including civil, when the use of it requires that they be closed with operators established in the operational area, 9 for orders, that the Federal Government, a country or a community to forgive the Government of another Member State of the EU, an other party of the EEA or of a third country , and which concern the following services: a) the delivery of military equipment or sensitive equipment, b) directly related to the equipment in accordance with letter of a-standing construction and services, or c) construction and services specifically for military purposes or sensitive construction services and sensitive services, 10 for orders, makes a customer through an institution providing a) from which the contracting authority has a supervisor as an own service point , and b) that their essentially for the customer performs services, who hold their shares or from which it is composed, 11 for service contracts of acquisition or rental of or right in land or existing buildings or other immovable property irrespective of their financing arrangements, 12 for service contracts for arbitration and conciliation activities, 13 for financial services with the exception of insurance benefits, 14 for employment contracts , 15 for research and development services, but whose results are exclusively the property of the contracting authority for its use in the exercise of his own activities and services are fully paid by the customer, 16 for the procurement of supplies or services by clients from a central procurement office, as long as the central procurement agency for the procurement of those supplies or services has followed the provisions of this Federal Act , 17 for procurement of supplies or services by clients from a central procurement Office of another Member State of the EU or an other party of the agreement, insofar as the central procurement agency for the procurement of those supplies or services has complied with procedural rules, which are available with all provisions of the directive 2009/81/EC in accordance and effective remedies can be made against the procurement , with the provisions of Directive 2009/81/EC in line are, 18 for the designation of a central purchasing body by customer with the procurement of construction, delivery or services for this client, as long as the central purchasing body in the procurement of this construction, delivery or services followed the provisions of this Federal Act, 19 for the designation of a central purchasing body of another Member State of the EU or an other party of the EEA Agreement by customer with the procurement of construction , Delivery or services for this client, as long as the central purchasing body in the procurement of this construction, delivery or services complies with procedural rules, related to all the provisions of the directive 2009/81/EC in accordance, 20 for the procurement of construction, delivery or services by customer by a European public institution as a central purchasing body, provided that the European public institution in the procurement of this construction , Delivery or services rules, complies with all provisions of the directive 2009/81/EC in accordance and provided effective remedies can be made against the contracts, which are comparable to the remedies provided for in title IV of Directive 2009/81/EC, 21 for the designation of a European public institution by customer with the procurement of construction, delivery or services for this client , if the European public institution in the procurement of this construction, delivery or services followed rules of procedure relating to all provisions of the directive 2009/81/EC in accordance.

(2) the customer has the relevant to the exception from the scope of this federal law reasons to put in writing.

2. section

Thresholds, calculation of the estimated value of performance

Threshold values

§ 10 (1) process by contracting authorities to the award of contracts are carried out in the upper threshold area, if the estimated value of the contract



1. for the supply and service contracts at least 387 000 euros;

2. in the case of works contracts at least 4 845 000 euros.

(2) procedure by contracting authorities to the award of contracts are made in the threshold area if the estimated value of the order does not reach the amounts referred to in paragraph 1.

General provisions relating to the calculation of the estimated value of the order

§ 11 (1) is based on the calculation of the estimated value of the order an order the total value without VAT, is expected to pay the contracting authority. In this calculation, the estimated total value of all the associated to the project services including all options and any renewals is taken into account.

(2) the contracting authority provides for prizes or payments to candidates or tenderers, he has them in the calculation of the estimated contract value into account.

(3) the estimated contract value of to write performance is by the client prior to performing the procurement procedure to identify knowledgeable. Relevant point in time for determining is the date of initiation of the procurement procedure by the customer. Procurement procedure with prior notice this is the date of transmission of the notice in accordance with section 38, in procurement procedures without prior publication of notice the first after outside in defining common appearance.

(4) the choice of the applied calculation method must follow not the purpose, to circumvent the application of the provisions of this Federal Act.

(5) a construction project or a procurement with the aim of obtaining a certain amount of goods and/or services, may be not divided into essentially identical part orders or otherwise split for the purpose, to deprive the project of implementation of this federal law.

Calculation of the estimated contract value for works contracts

12. (1) consists of several lots, for each is awarded a separate contract, is estimated to be on order value, the estimated total value of all the lots as a construction project. Lots in the meaning of this federal law shall be deemed to be also commercial activities within the meaning of annex II (trades).

(2) in calculating the estimated contract value of construction orders, also of the estimated total value of all for the execution of construction works is next to the order value of the construction services to include necessary goods provided to the contractor by the contracting authority.

(3) equals or exceeds the cumulative value of the lots in § 10 para 1 subpara 2 threshold, so apply the provisions of this federal law for the award of works contracts in the upper sill for the procurement of all lots. This does not apply for those lots, with an estimated order value is less than EUR 1 million, provided that the aggregate value of the lots selected by the customer does not exceed 20 per cent of the cumulative value of all lots. The provisions of this Federal Act apply to the procurement of these lots for the awarding of construction contracts in emerging areas.

(4) equals or exceeds the aggregate value of the lots the Z 2 in section 10 paragraph 1 threshold, so the provisions of this Federal Act shall apply for the award of works contracts in emerging areas for the allocation of all lots. The value of each Gewerkes is considered estimated contract value for the choice of the procedure for the award of contracts in the threshold area.

Calculation of the estimated contract value for supply contracts

Section 13 (1) for supply contracts is estimated to be on order value as:



1. when temporary contracts with a term of no more than 12 months the estimated total amount of the charges are expected to be paid during the term of the contract;

2. when temporary contracts with a term of more than 12 months the estimated total amount of charges is expected to be paid during the term of the contract, including the estimated residual value;

3. in the case of permanent orders or undetermined term of contract the 48fache of the monthly fee is expected to be paid.

(2) in the case of recurring contracts, is estimated to be as on order value either



1. the actual total of consecutive transactions in the previous financial or budgetary year or in the previous twelve months, whenever possible, taking into account the anticipated changes in quantity or cost during the twelve months to the original order, or 2. the estimated total value of successive contracts during the twelve months following the first delivery or of financial following the delivery of the first year , where this is longer than 12 months, be forgiven.


(3) consists of the procurement of deliverables in several lots, for each is awarded a separate contract, is estimated to be on order value, the estimated total value of all the lots as a delivery.

(4) equals or exceeds the cumulative value of lots in section 10 paragraph 1 Z 1 threshold, so apply the provisions of this federal law for the award of supply contracts in the upper sill for the procurement of all lots. This does not apply for those lots, with an estimated order value is less than EUR 80 000, provided that the aggregate value of the lots selected by the customer does not exceed 20 per cent of the cumulative value of all lots. The provisions of this Federal Act shall apply for the allocation of these tickets for the award of supply contracts in the emerging area.

(5) equals or exceeds the aggregate value of the lots the Z in article 10, paragraph 1 1 threshold, the provisions of this Federal Act apply for the award of supply contracts in emerging areas for the allocation of all lots. Lots, with an estimated order value is less than EUR 75 000 may be awarded by way of direct award, provided that the aggregate value of the lots selected by the customer does not exceed 40 per cent of the cumulative value of all lots.

Calculating the estimated contract value for service contracts

Section 14 (1) orders of the following services is estimated to be on order value as:



1. when insurance benefits the insurance premiums and other charges.

2. in the case of orders, the planning services to the subject have the fees, commissions and other similar payments.

(2) for service contracts, for which no price is specified, is estimated to be on order value as:



1. when temporary contracts with a term of no more than 48 months the estimated value for the term of the contract;

2. for permanent orders or orders with a term of more than 48 months the 48fache of the monthly fee to be paid.

(3) in the case of recurring service contracts is estimated to be as on order value either



1. the actual total of consecutive transactions in the previous financial or budgetary year or in the previous twelve months, whenever possible, taking into account the anticipated changes in quantity or cost during the twelve months to the original order, or 2. the estimated total value of successive contracts during the twelve months following the first service provision, the first services following financial or budgetary year , where this is longer than 12 months, be forgiven.

(4) consists of the provision of similar services in several lots, for each is awarded a separate contract, is estimated to be on order value, the estimated total value of all the lots as a service.

(5) reaches or exceeds the cumulative value of lots in section 10 paragraph 1 Z 1 threshold, so apply the provisions of this federal law for the award of service contracts in the upper sill for the procurement of all lots. This does not apply for those lots, with an estimated order value is less than EUR 80 000, provided that the aggregate value of the lots selected by the customer does not exceed 20 per cent of the cumulative value of all lots. The provisions of this Federal Act apply to the procurement of these lots for the award of service contracts in emerging areas.

(6) equals or exceeds the aggregate value of the lots the Z in article 10, paragraph 1 1 threshold, the provisions of this Federal Act apply for the award of service contracts in emerging areas for the allocation of all lots. Lots, with an estimated order value is less than EUR 75 000 may be awarded by way of direct award, provided that the aggregate value of the lots selected by the customer does not exceed 40 per cent of the cumulative value of all lots.

Calculation of the estimated contract value of framework agreements

§ 15. The estimated value of the contract a framework agreement is the total value of all contracts to be awarded on the basis of this framework agreement expected to estimated for their entire life.

Change the threshold or Los values

Section 16 (1) the Chancellor may by regulation instead of in the articles 10, paragraph 1, 13 para 4 and 5, 14 para 5 and 6, 30 para. 1 and 9, 32 para. 2, 33 para 2, 104 paragraph 5, 117 and 123 so far this on the basis of international obligations of in Austria, or by Union regulations is required or permitted para 3, 5 and 6 set thresholds or Los values, or in the interest of a uniform or more efficient procedure for the award of contracts appropriate, other emerging or Los values set.

(2) if the thresholds laid down in § 10 para 1 and 117 on the threshold values changed by the Commission in accordance with the procedure of article 68 of Directive 2009/81/EC are to be adapted, the Chancellor has to make known the newly set thresholds in the Federal Law Gazette.

3. section

Principles of the procurement procedure and general provisions

Principles of the procurement procedure

Procurement procedures are § 17 (1) according to a procedure provided for in this federal law, carried out in accordance with the Union's legal freedoms and principles, as well as the prohibition of discrimination according to the principles of free and fair competition and equal treatment of all candidates and tenderers. The award has authorized, to be powerful and reliable entrepreneurs at reasonable prices.

(2) the international law allowed different treatment of candidates and tenderers on grounds of their nationality or place of origin of goods is not affected by paragraph 1.

(3) in the implementation of procurement procedures a territorial restriction or limit the participation of individual professions is prohibited, although other entrepreneurs have permission to the provision of the service.

(4) procedures for the award of contracts are only carried out if the intention is to bring the power actually to award. The contracting authority is not obliged to terminate an award procedure by Supplement.

(5) in the procurement procedure can be taken into consideration on the environmental standards of performance. This can be done in particular by the consideration of ecological aspects (such as energy end-use efficiency) in the description of the performance, in establishing the technical specifications or by setting specific award criteria with ecological reference.

(6) in the contract award procedure taken into consideration can be on the employment of women, by people in the training ratio of long-term unemployed, by people with disabilities and older workers, as well as on measures to implement other socio-political issues. This can be done in particular by the consideration of such aspects of the description of the performance, in the determination of technical specifications, by setting specific award criteria or by specifying conditions in the service level agreement.

General provisions on candidates and tenderers

Section 18 (1) candidates or tenderers which are established in the territory of another Member State of the EU or an other party of the EEA or Switzerland and who must obtain an official decision regarding their qualifications for the pursuit of an activity in Austria, have a fact-oriented method as soon as possible, initiate anyway, but before the expiration of the offer period.

(2) working groups and consortia submit tenders, if not in the tender for factual reasons the participation or the formation of work or consortia to be inadmissible was declared. The contracting authority may provide an any restriction on the number of members or the composition of work or consortia in the tender for factual reasons. The customer can not commit work or consortia, to assume a specific legal form in order to submit of an offer or a proposal of participation. The contracting authority can require however a work or grouping, that it adopts a specific legal form if the supplement has been granted you, unless this is necessary for the proper execution of the order. Working groups and consortia are party able to claim as such of them by this federal law rights granted. In the restricted procedure and in the negotiated procedures have prompted candidates forming a bidding or working group before the end of the half offer period to be communicated to the client. In the order, tenders the contracting authority owe solidarity service provision as working groups.


(3) subject to paragraph 2 candidates or tenderers are entitled to the provision of the relevant service in accordance with the legislation of another Member State of the EU or an other party of the EEA Agreement, in whose territory they reside, may be not alone rejected, because they would have to either be a natural or legal person in accordance with the Austrian law.

(4) for jobs, services or works such as laying and installation include, to candidates or tenderers who are not natural persons, but are obliged in their offer or in their application to specify the names and professional qualifications of individuals, who should be responsible for the provision of the relevant service.

(5) entrepreneurs who were directly or indirectly involved, as well as with these affiliates are, as far as a fair and fair competition would be excluded by their participation, in the elaboration of documents for the procurement process to exclude from participation in the procurement procedure to the performance, unless, of course, that their participation in exceptional cases not may be waived.

Reserved orders for sheltered workshops or integrative enterprises

Section 19 (1) contracting authority may provide in procedures for the awarding of contracts, that this procedure only sheltered workshops or integrative enterprises, in which people with disabilities are the majority of workers who can engage in any under normal conditions on the basis of the nature or the seriousness of their disabilities, can participate or that the provision of such orders is reserved for such workshops or factories.

(2) If a notice referred to in section 38, is pointing to a possible restriction of the participants or a restriction of the execution entitled circle referred to in paragraph 1.

General provisions relating to the allocation of benefits and services

Section 20 (1) benefits may be awarded jointly or separately. A separate assignment can be in local or temporal terms, according to amount and type of benefit or craft - different in regard to services and branches or disciplines. Economic or technical aspects, such as E.g. the need for a uniform finish and a unique guarantee are decisive for the whole or separate public procurement of services.

(2) a surcharge in parts of advertised total power is inadmissible as a mere reservation of any partial performance award. To preserve the possibility for an assignment in parts, are the overall performance as well as the possibly separately to the contracting parts of the power to write off. In this case, the tenderer is also the possibility, to offer only one of these parts of the performance.

(3) the choice between awarding a single contract or several separate contracts may not be with the objective of, to get around the implementation of this federal law.

Confidentiality of documents relating to public procurement proceedings, exploitation rights

Section 21 (1) clients, candidates and tenderers have to preserve the confidential nature of all information relevant to the client as also candidates and tenderers and their documents.

(2) if not otherwise in this federal law determined is that clients may share any transmitted them by entrepreneurs and designated by it as confidential information. This concerns in particular technical secrets, trade secrets and confidential aspects of tenders.

(3) where property rights or privacy interests would be hurt, may both the principal use elaborations of the other and plans provided by him, drawings, designs, models, samples, patterns, computer programs and the candidate or tenderer and the like only with the explicit consent for themselves or pass on to third parties.

(4) the contracting authority may reserve, certain asked plans, drawings, designs, models, samples, patterns, reclaim computer programs and the like, that no compensation was required of him.

(5) the candidate or tenderer can reserve, for the case that the contract is not awarded them, the provision of those specific elaborations and plans provided by them, drawings, designs, models, samples, patterns, to require computer programs and the like, for which no compensation is provided. The same applies to special developments for alternative offers, no use is made of them.

(6) the customer can connect providing technical specifications applicants or tenderers, the testing and selection of candidates or tenderers and award conditions to protect of the confidentiality of the information provided by him. The right of candidates or tenderers, to agree on the confidentiality of the information provided by them beyond legally compelling, with a client shall remain unaffected.

Protection of classified information

§ 22 client entrepreneurs requirements for the protection of classified information do, who pass them in the course of a tendering procedure. You can also request these entrepreneurs to ensure compliance with these requirements by their subcontractors.

2. main piece

Types and choice of award procedures

1 section

Types of award procedures

Types of procedures for the award of contracts

Section 23 (1) has the award of contracts for services in the way of a negotiation procedure, a framework agreement, a restricted procedure, a competitive dialogue, to be a direct award or a direct Award with prior notice.

(2) in the case of the restricted procedure with prior publication of notice selected applicants are prompted after an unlimited number of entrepreneurs to submit publicly was prompted by requests to participate, to submit offers.

(3) in the case of the negotiated procedure with prior publication of notice selected applicants are prompted after an unlimited number of entrepreneurs to submit publicly was prompted by requests to participate, to submit offers. Can then be negotiated about the contents of the order.

(4) in the case of the negotiated procedure without prior publication of notice, a limited number of suitable contractors is prompted to submit offers. Can then be negotiated about the contents of the order.

(5) an agreement is an agreement without a commitment between one or more Contracting authorities and one or more contractors, which has the objective, the conditions for the contracts to be awarded during a given period set, in particular as regards the envisaged price and, where appropriate, the amount in Vista. On the basis of a framework agreement, a performance is obtained after submission from offers by a party to the framework agreement with or without a renewed call for the competition.

(6) in the case of the competitive dialogue, the principal leads a dialogue on all aspects of the job after an unlimited number of companies publicly invited to submit requests to participate, with selected applicants. Aim of the dialogue is to identify one or more solution corresponding to the needs and requirements of the customer's or solutions on their basis or bases the respective applicants will be prompted to tender.

(7) in the case of direct award involved a performance, if necessary after obtaining services or non-committal price information from one or more entrepreneurs, free form directly from a selected contractor for a fee.

(8) in the case of direct Award with prior notice is obtained after an unlimited number of entrepreneurs, the intended procurement of construction, delivery or service order has been made known and after obtaining one or more offerings, a performance form free from a selected contractor for a fee.

2. section

Choice of procurement procedures in the upper and lower threshold area

Choice of the restricted procedure with prior publication of notice and the negotiated procedure with prior publication of notice

§ 24. For the award of contracts, contracting authorities can choose between the restricted procedure with prior publication of notice and the negotiated procedure with prior publication of notice.

Choice of the negotiated procedure without prior publication of notice

§ 25 contracts may be awarded in the following cases the negotiated procedure without prior publication of notice:



1. If in the context of a carried out by restricted procedure with prior publication of notice or a negotiation procedure with prior publication of notice or of conducted a competitive dialogue no or not within the meaning of this Federal Act No application or suitable offer was made, provided that the original terms of the contract are not substantially altered and that a report will be submitted to the Commission if it so wishes, or 2.

If part a carried out by restricted procedure with prior publication of notice or an negotiated procedure with prior publication of notice or competitive dialogue carried no proper offerings or only offers was submitted, which are unacceptable in accordance with the § 18 para 2, 57-66, 71, 73 para 5 and 74, unless a) the original terms of the contract are not substantially altered and b) only those authorised to the contracting authority in the contract negotiation procedure that includes reliable and powerful entrepreneurs, who in the course of the previous procedure with prior publication of notice or of the previous competitive dialogue in accordance with article 105, paragraph 1 Z 1 were not excluded or whose Angebote were not eliminated and the offers tabled the sections 90 to 94 and 96 to 98 have complied with the requirements, or 3. If urgent reasons on the basis of crisis situations do not allow it , to meet in the restricted procedure with prior publication of notice or the negotiated procedure with prior publication of notice prescribed deadlines or time limits shortened pursuant to § 55, or 4. If urgent, compelling reasons that are attributable to not the behavior of the client in connection with events that the customer could not foresee does not allow it, that the restricted procedure with prior publication of notice or the negotiated procedure with prior publication of notice prescribed deadlines or time limits shortened in accordance with § 55 to comply with , 5. If the order for technical reasons or on the basis of the protection of exclusive rights only by a particular contractor or 6 if it is to research and development services which do not fall under section 9 Z 15, or 7 if the purchase order solely for research and development purposes will be awarded with the purchase order but must be used not a series to demonstrate of the marketability of the product, or cover the research and development costs , or 8 for additional deliveries of the original contractor, either intended for partial renewal of market goods or equipment or to expand deliveries of existing facilities, and a change of the contractor would cause, that the principal goods with different technical characteristics would have to buy and this would bring a technical incompatibility or disproportionate technical difficulty of use and maintenance with the duration of these jobs may not exceed five years, except for those rare cases where this can be justified on the basis of the expected useful life of the supplied goods, plants, or systems, or the technical difficulties arising from a change of operator, or 9 or 10 if it is the delivery of goods, which are listed on stock exchanges and purchased, if it is the delivery of goods , which can be purchased on particularly advantageous terms from an entrepreneur, which definitively its business activities, or by an administrator or liquidator in the context of insolvency proceedings or one can be purchased in the legal or administrative provisions of the other Member States of the EU or of the other Contracting Parties of the EEA agreement of provided similar procedure, or 11 for additional works or services which are provided for in the underlying the allocation draft nor in the original order , but due to an unforeseen event to the execution of the construction described therein or services are needed, if awarded the contract to the contractor executing the first contract, the total value of the additional works or services does not exceed 50 per cent of the value of the original works or services order, and either a) a separation of those additional works or services from the original order in technical or economic terms without significant disadvantage for the customer is possible , or b) a separation from the original order would be possible, the additional works or services but for its completion are essential, or new construction or services in the repetition of similar works or services are 12, and a) is commissioned by the same Contracting Authority to the contractor, which has already received the initial order, b) the construction or services conform to a basic project and this design was the subject of the original order , which was awarded in the restricted procedure with prior publication of notice in the negotiated procedure with prior publication of notice or by means of a competitive dialogue, c) the possibility of application of such negotiated procedure was already foreseen in the first tender, d) within five years after conclusion of the original contract are awarded, with the exception of those cases in which this due to the expected life of the goods supplied , Equipment or systems, or the technical difficulties arising from a change of operator can be justified and e) for the continuation of the construction or exempted services in view of total contract value in the calculation of the estimated value of the order was based, or 13 for contracts relating to the provision of air and maritime transport services for military or security forces, which are used or will be used abroad , if the contracting authority must obtain these services for entrepreneurs, that guarantee the validity of their offerings for so long, that the deadline for the restricted procedure with prior publication of notice or the negotiated procedure with prior publication of notice, or who pursuant to § 55-shortened time limits can not complied.

Types of electronic auction and choice of procurement through an electronic auction

26. (1) an electronic auction is an iterative method for the determination of the offer, the surcharge should be granted, in which by means of an electronic device after a first full assessment of the offers new, revised downward prices and/or new values on certain components of the services provided, and that allows an automatic classification of these offers.

(2) in the case of a restricted procedure with prior publication of notice, a negotiated procedure with prior publication of notice or for the award of contracts on the basis of a framework agreement in accordance with the procedure of § 130 4 contracts of services either through a simple electronic auction, or through other electronic auction, Z 2, para 5 and 6 may be awarded if the specifications of the subject of the order can be described clearly and completely. The auction can refer only to offer parts that are so quantifiable in clear and objectively comprehensible way that they are displayed in figures or percentages. Construction or service contracts, which have spiritual services to the subject - like about the design of building services - cannot be the subject of electronic auction.

(3) in the case of a simple electronic auction, the supplement to the offer shall be made with the lowest price.

(4) in the case of other electronic auction has the surcharge on the technically and economically most advantageous tender must be.

(5) the customer can choose freely between the implementation of a simple or other electronic auction.

Conclusion of agreements and contracts on the basis of a framework agreement

27 contracts may be awarded on the basis of a framework agreement section, provided that the framework agreement was completed after carrying out a restricted procedure with prior publication of notice or a negotiated procedure in accordance with articles 24 and 25.

Choice of competitive dialogue

28. (1) contracts may be awarded by way of competitive dialogue, if



1. it is particularly complex orders and 2. the granting of a restricted procedure is not possible according to the customer's.

(2) an order shall be deemed particularly complex in the sense of paragraph 1, if the principal is objectively not able.



1. the technical specifications with which its needs and requirements can be met, pursuant to § 83 para 2, or 2 to specify the legal or financial terms of the project.

Hold down the reasons for the choice of certain procurement procedures

section 29. The determinants for the implementation of a negotiated procedure without prior publication of notice or a competitive dialogue have to be recorded in writing.

3. section

Procurement procedures approved only in the threshold area

Award of contracts


Section 30 (1) if the estimated contract value in article 10, paragraph 1 Z 1 threshold not reached or exceeds to construction, delivery and priority service contracts in a procedure be forgiven, representing the Union legal freedoms and principles, as well as the prohibition of discrimination. As far as this is deemed necessary on the basis of the value and the object of the order, orders are generally in a procedure with several entrepreneurs, through which a reasonable degree of publicity is guaranteed and that complies with the principle of free and fair competition, to forgive. Unless there is a notice to ensure of a reasonable level of public notices in accordance with section 47 subsection 2 and 3 are to publish. A notice containing the information listed in annex VIII part A in accordance with section 47 subsection 2 is required for orders anyway, with an estimated contract value exceeds EUR 200 000. By a notice of proceedings, distance can be taken however when one of para 1 conditions laid down in articles 25 and 31.

(2) exclusively the part 1 with the exception of section 3 apply for the award of contracts in proceedings referred to in paragraph 1 Z 16, sections 4 to 17, 18 of para 1 to 3 and 5, 19, 35 par. 1 and 2, 36 and 37, 43, 85, and 115, 3rd and 4th part, as well as the provisions of paragraph 3 to 9.

(3) the power, performance, and reliability of the successful tenderer must be at the latest at the time of the bid. To entrepreneurs, whose assets insolvency proceedings opened or which are in liquidation or winding up its commercial activities, contracts may be awarded but if their capability to do so is sufficient.

(4) any any outward appearance setting of the client applies as a separately appealable decision.

(5) the client has proven to inform the bidders remaining in the contract award procedure the surcharge which bidder is to be granted. In this communication, the end of the standstill period in accordance with paragraph 6, the reasons for the rejection of their offer, the total price as well as the characteristics and advantages of the successful offer to announce, if not the disclosure of this information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition are the remaining bidders. A commitment to the communication of the award decision shall not, if



1. the supplement the single and the only one in the contract award procedure remaining bidders should be granted, or 2. If on the basis of the § 25 Z distance has been included in 3, 4 and 13 conditions laid down by a notice of the proceedings.

(6) the contracting authority may not award the contract other absolute nullity within the standstill period. The standstill period begins with the dispatch of the communication of the award decision and amounts to seven days.

(7) the contracting authority an award procedure may revoke if for objective reasons. The customer shall notify the revocation decision or to make known or immediately to explain the withdrawal.



1. the revocation decision is, where possible, to inform the companies remaining in the contract award procedure immediately and demonstrably or disseminate on the Internet. The principal may explain the withdrawal at other ineffectiveness during the standstill period. The standstill period begins with the sending of the notification of the revocation decision or with the first-time availability of the publication of the revocation decision and amounts to seven days. At the end of the standstill period, the customer shall have the notice of withdrawal in the same way as the revocation decision be communicated to or, where this is not possible, to make known in the Internet.

2. in the case of the immediate declaration of the revocation, the customer shall have the operators remaining in the contract award procedure, insofar as this is possible, to communicate immediately and verifiably by the notice of withdrawal or to make it known on the Internet.

(8) the client has known to make the awarding of an order in a proceeding referred to in paragraph 1 no later than 20 days after contract award in accordance with section 47 subsection 2. This notice shall contain:



1. reference to an any notice referred to in paragraph 1;

2. name and address of the contracting authority and the contractor;

3. Description of the subject of the order;

4. total price.

(9) the customer has over each awarded command of a contract award notice, showing the the main operations of the procurement procedure and for decisive reasons. In procurement procedures with an estimated contract value exceeds EUR 200 000, a contract award notice in accordance with § 112 is to customize.

Additional possibilities of choice of the negotiated procedure without prior publication of notice

Section 31 (1) lower threshold area contracts under the negotiated procedure without prior publication of notice may be awarded, if



1 on reason of particularly favourable opportunity, resulting for a very short period of time, goods or services provided by a contractor at a price procured are can, which substantially lower than the market prices, or 2. Services on particularly advantageous terms from an entrepreneur can be procured, has definitively terminated its business activities, or from one administrator or liquidator in the context of insolvency proceedings, or in the legal or administrative provisions of the other Member States of the EU or of the other Contracting Parties of the EEA agreement of provided similar procedure can be purchased.

(2) contracting authorities can place orders on mental services in a negotiated procedure without prior publication of notice with only a contractor provided that the implementation of economic competition on the basis of the cost of the procurement process for the customer is not economically viable and the estimated order value 50vH of the threshold in accordance with section 10, paragraph 1 not reached No. 1.

Direct award

Section 32 (1) for the award of contracts by contracting authorities in the way of direct Award apply only the sections 1, 2, 3 Z 16, 4 to 9, 11 to 14, 16 para of 1, 17 par. 1 to 4, 23 paragraph 8, 34 para 2, 69, 70, of the 3rd and 4th part, as well as the provisions of paragraph 2 to 4.

(2) a direct award is allowed only if the estimated value of the order does not reach 75 000 euro.

(3) the services, where appropriate, information collected in the implementation of a direct award or non-committal price information must be documented accordingly.

(4) the power, performance, and reliability of the successful tenderer must be at the latest at the time of the bid. To entrepreneurs, whose assets insolvency proceedings opened or undergoing liquidation or who cease their commercial activities, contracts by way of direct award may be awarded but if their capability to do so is sufficient.

Direct Award with prior notice

§ 33 (1) only the part 1 with the exception of section 3 apply to the award of contracts by contracting authorities in the way of direct Award with prior notice Z 22, sections 4 to 9, 11 to 14, 16 para 1, 17 of par. 1 to 4, 23 paragraph 8, 34 par. 3, 35 par. 1 and 2, 69, 70, 111 paragraph 1, 115 paragraph 9 , the 3rd and 4th part, as well as the provisions of paragraph 2 to 7.

(2) a direct Award with prior notice is permitted only if the estimated value of the contract



1. for the supply and service contracts 200 000 euro and 2. for works contracts EUR 500 000 not reached.

(3) the client has the intended procurement of construction, to make known the delivery or service order by means of a direct Award with prior notice in accordance with section 47 subsection 2 and 3. The notice shall contain at least the following information:



1. identification of the client, 2. the purpose of the performance as well as place and period, 3. Note, where more information about the power to restructure as well as the further proceedings are available and 4. explicit designation as a direct Award with prior notice.

(4) the contracting authority must lay down criteria that are objective, non-discriminatory and related to the subject of the order which are provided for any selected of the entrepreneur and the entrepreneur, of or obtained which offers and determine the successful offer.

(5) the contractor has the entrepreneurs, who have applied to participate in the procedure for the direct award of prior notice or put an offer, after forthwith, which entrepreneur was awarded the contract. In this communication, the overall price is to specify.

(6) the power, performance, and reliability of the successful tenderer must be at the latest at the time of the bid. To entrepreneurs, whose assets insolvency proceedings opened or which are in liquidation or winding up its commercial activities, contracts by way of direct Award with prior notice may be awarded but if their capability to do so is sufficient.


(7) the contracting authority the notice of withdrawal has known immediately to give the entrepreneurs, who have applied to participate in the procedure for the direct award of prior notice or a proposal put on.

Hold down the reasons for the choice of certain procurement procedures

The determinants for the implementation of a negotiated procedure without prior publication of notice are 34 (1) to put in writing.

(2) in the case of a direct award are, unless the documentation effort is economically feasible to keep the subject-matter and value of the order, the name of the contractor, as well as verifying that price in writing.

(3) in the case of a direct Award with prior notice are all essential requirements and operations in the contract award procedure to put in writing.

3. main piece

Provisions for carrying out procurement procedures

1 section

Routes of transmission of information and transmission of documents

Transmission of documents or information between clients and contractors

35. (1) the delivery of tender documents, messages, applications, requests and notifications, as well as any other Exchange of information between clients and contractors can, provided in this Federal Act does not otherwise or else not exceptionally sets the customer, either by fax or electronically - in exceptional cases also by post - be. Less significant releases, requests, notifications and information can be transmitted also orally or by telephone.

(2) the means of communication chosen for the transmission of information must be widely available, and must not lead to discrimination. When electronic communication means also the technical features should have no discriminatory nature and the means of communication must be compatible with the General information and communication technology products.

(3) the eligibility of the submission of electronic tenders is possible at an early stage, to announce no later than in the tender documents.

(4) an electronic submission of tenders, offers and documents, which are related with the offer assessment, is by using a qualified electronic signature or to be done, that the verifiability of the completeness, authenticity and authenticity of submitted records with the quality of a qualified electronic signature is guaranteed.

(5) the selected type of the electronic transmission of the information referred to in paragraph 4 has anyway to ensure that the integrity, authenticity, authenticity and the confidentiality of the information supplied is guaranteed. The requirements for the equipment for the reception of electronically transmitted data records in connection with a tendering procedure must comply with the requirements of annex X.

(6) contracting authorities and entrepreneurs have known absolutely a fax number or an e-mail address to give to which all documents and information can be delivered legally. Electronically transmitted programmes is considered to be transmitted, as soon as their electronic available data of the receiver are.

(7) minutes, information requests from entrepreneurs, information of the customer, as well as all of the award decision underlying explanations and documents (E.g. offers, evidence) are, unless they exclusively in electronic form be created or submitted in the form and with the content or the them at the time of this writing or form submission by the or exhibit receipt at the client's premises, so clearly to indicate that a subsequent modification of the content, as well as of the time of this writing that is submission of the or of the receipt at the client's premises.

Statistical obligations of the customer

36. (1) clients have until August 31 each year – with clients, which fall within the execution scope of a country, in the way of each country Government - to provide the Federal Minister of economy, family and youth for forwarding to the Commission statistics on the contracts awarded in the previous year in the upper sill.

(2) the statistical statements referred to in paragraph 1 have anyway, to contain the following information for procedures relating to upper threshold:



1. the number and value of awarded contracts broken down according to the areas of goods, after the construction work or the services in accordance with the corresponding categories of the common vocabulary for public procurement contracts (CPV), and 2. number and value of procurement procedures that were carried out without prior notice by the digits pursuant to § 25.

(3) if in the procedure, the Commission determines that further the statistical statements, have relevant information to include, where appropriate, the lower threshold area, the Federal Chancellor regulation has rules about this, according to the provisions of the Commission details required, further to enact.

Submission of other documents

section 37. If this Federal Act, with the exception of the notification or delivery obligations within the framework of the correction mechanism or a procedure provides § 138, notification or reporting obligations the Republic of Austria with the Commission in accordance with the Commission, other Member States of the EU or to other Contracting Parties of the EEA Agreement, the principal, in procurement procedures, which fall within the execution scope of a country has in procurement procedures, which are covered in the enforcement area of the Federal Government, , the customer shall by way of the respective Provincial Government to provide the Federal Minister of economy, family and youth with the necessary documents. This one has the documents in the way of the permanent representation of Austria to the EU at the Commission to forward to other EU Member States or to other Contracting Parties of the EEA Agreement and to inform the Chancellor of.

2. section

Announcements

1 subsection

General provisions notices

Subcontract services

To introduce article 38 (1) are:



1. the intended procurement of construction, delivery or service order in the restricted procedure with prior publication of notice or the negotiated procedure with prior publication of notice;

2. - If not by the possibility of using the negotiated procedure without prior publication of notice is used for the conclusion of a framework agreement - the intended conclusion of a framework agreement;

3. the intended procurement of construction, delivery or service order by way of a competitive dialogue.

(2) in the notice, it is to point out the possible need for a regulatory decision for the admissibility of the pursuit of an activity in Austria, as well as on the commitment in accordance with article 18, paragraph 1 explicitly.

(3) the client has to specify in the notice what evidence or which evidence for the power, for the professional reliability, to provide for the financial and economic capacity and the technical capacity or to furnish upon request by the customer.

(4) the client has to indicate in the notice whether he makes use of the possibilities and requirements in accordance with the § 73 para 5 and 74. The customer shall in the notice on the commitment to the announcement of the subcontractors already selected and announced everyone in the course of the execution of the order of a change at the level of subcontractors in the offer (article 92, paragraph 1 Nos. 3 and 4) to point out.

(5) to after performing a restricted procedure with prior notice, a negotiated procedure with prior notice or a framework agreement after a renewed call for competition in accordance with section 130, subsection 4 Z 2 offer, the contract should be awarded the identified through an electronic auction, the notice referred to in paragraph 1 shall contain a direction determination Nos. 1 and 2.

Correction of notices

§ 39. A correction of notices required, this is also known to make as the original publication.

Publication of a Beschafferprofils

Section 40 (1) the contracting authority may publish a profile on the Internet.

(2) the buyer profile may contain an award procedure or information of general interest such as point of contact, telephone or fax number, postal address and electronic address notices, information about ongoing procurement procedures, scheduled jobs, contract award, revoked procedures and any other information concerning.

Voluntary notices at Union level

Section 41 (1) the contracting authority can submit notices and messages that are subject to not a notification obligation in accordance with this federal law, the Commission, using any existing relevant standard forms for announcements.

(2) If an award procedure without prior publication of notice in the upper threshold area was carried out, can the contracting authority of the Commission by using the relevant standard form for notices the decision announce the supplement what bidders should be granted.


(3) the transmission of notices and communications under paragraphs 1 and 2 shall be made electronically according to the procedures for the transmission of notices and releases made manifest by the Federal Chancellor pursuant to § 42. The client must have the day of dispatch of the notice.

2. subsection

Special notice provisions for the upper threshold area

Announcements at European Union level

§ 42. The contracting authority shall send notices and communications by the Commission using the relevant standard forms for announcements and in accordance with the requirements of annex IX. Also available is a delivery position data of announcements and messages in the online process. Delivery of notices and releases has electronically, in exceptional cases also by fax, to be carried out. The Chancellor has the procedures laid down by the Commission for the delivery of notices and announcements in the Federal Law Gazette published. The client must have the day of dispatch of the notice. If data are made available online, the entry of the data in the online system is considered as dispatch.

Use of the CPV in announcements

§ 43. In announcements, contracting to the description of the subject of the order have to use the names and codes of the common vocabulary for public procurement contracts (CPV).

Notices in Austria and in other media

Section 44 (1) the Federal Chancellor and the State Governments have for the scope of the enforcement regulation each set an electronic publication medium, in which the contracting authority may publish additional announcements in the upper sill or have anyway to publish. There are further provisions with regard to the delivery of the notices of the publication medium, as well as the procedures to be observed in the course of the submission and the publication of notices and deliverables to meet in this regulation.

(2) in the case of a notice referred to in paragraph 1, the availability of the content must be guaranteed at least until the end of the application or offer period.

(3) further announcements in other appropriate publication media remain free to the clients.

(4) notices referred to in paragraph 1 or 3 in official or private media of publication may not be published prior to the date of dispatch of the notice to the Commission. Notices must contain only the information contained in the notices dispatched to the Commission or published a prior information notice on a buyer profile. The notices have to specify the date of dispatch of the notice to the Commission or the date of publication in the buyer profile.

Publication of a prior information notice

Unless the ordering party of the possibility of shortening the offer period according to § 53 would like to make use, he must disclose a prior information notice in accordance with paragraph 2 or 3 section 45 (1).

(2) the prior information notice can be sent to the Commission by using the relevant standard form to promote. The contracting authority must have at the day of dispatch of the prior information notice.

(3) the prior information notice can be published in the profile of the client. Not published the prior information notice on the buyer profile before the client by using the relevant standard form has sent a corresponding notice of publication of the prior information notice on the Commission. The date of dispatch of the notice to the Commission is to specify in the profile.

(4) the prior information notice must contain the following information:



1. for supply contracts, broken down by product groups according to the positions of the CPV, the estimated total value of all contracts or framework agreements, in the next twelve months to forgive required the contracting or complete intends;

2. for service contracts, broken down according to the categories of services referred to in annex III, the estimated total value of all contracts or framework, to forgive that the principal in the next twelve months or to complete plans.

3. in the case of works contracts, the essential characteristics of all orders or agreements, to which the contracting authority or to complete intended;

The prior information notice is as soon as possible after approval of the project for which the principal intends to distribute contracts or to conclude the framework agreement, the Commission to promote or advertise in the buyer profile.

(5) in the prior information notice is to indicate the possible need for a regulatory decision for the admissibility of the pursuit of an activity in Austria, as well as on the commitment in accordance with article 18, paragraph 1 explicitly.

Announcement of awarded contracts and framework agreements

§ 46. (1) the contracting authority has the Commission of any awarded construction to announce delivery or service contract and any completed agreement. The information is to submit to the Commission by using the relevant standard form no later than 48 days after contract award, or conclusion of a framework agreement. The contracting authority is not obliged to announce that on the basis of the framework agreement of awarded construction, delivery, or service contracts.

(2) information on the contract award or the conclusion of framework agreements must be published but then, if their announcement would hinder the enforcement of laws, are contrary to the public interest, in particular the defence and/or security interests of the Federation or a land or harm the legitimate business interests of public or private entrepreneur or interfere with the free and fair competition between the.

(3) the contracting authority can post using the relevant standard form for notices in the upper sill a job that he has awarded in a tendering procedure without prior publication of notice, or a framework agreement, which he has concluded after conducting a tendering procedure without prior notice, the Commission. Is the name and address of the contracting authority and of the successful tenderer are to hold a description of the subject of the order, the total price, as well as the determinants for the implementation of a procurement procedure without prior notice.

3. subsection

Special notice provisions for the lower threshold area

Notices in Austria and in other media

47. (1) notices have to contain at least the information listed in annex VIII, unless this information not already been included and made available in electronically immediately accessible tenders.

(2) the contracting authorities in any case in accordance with article 44, paragraph 1 for the scope of the enforcement fixed publication medium to publish notices in the threshold area.

(3) the availability of the content of notices referred to in paragraph 2 and by electronically immediately retrievable according to para 1 tender documents must be guaranteed at least until the end of the application or offer period.

(4) further announcements in other appropriate publication media available clients.

(5) If a procedure without prior publication of notice in the threshold area was carried out, the client may disclose the decision to awarded the contract which bidder, in the medium of publication established in accordance with article 44, paragraph 1 for the scope of the execution. In this notice, at least the name and address of the contracting authority, a description of the subject of the order, are to hold the name and address of the successful tenderer and the determinants for the implementation of a procurement procedure without prior publication of notice.

(6) the contracting authority may disclose a job that he has awarded in a tendering procedure without prior publication of notice, or a framework agreement, which he has concluded after conducting a tendering procedure without prior notice, in the medium of publication established in accordance with article 44, paragraph 1 for the scope of the execution. In this notice, the name and address of the contracting authority and of the successful tenderer or the successful tenderer are to hold a description of the subject of the order, the total price, as well as the determinants for the implementation of a procurement procedure without prior notice.

3. section

Deadlines

1 subsection

General provisions governing periods

Calculation of time limits

48. (1) without prejudice to applicable to the time limits in the officials - and approval process of the General administrative procedures Act 1991 (AVG), BGBl. No. 51, find time limits within the meaning of this Federal Act section 903 of the General Civil Code (ABGB), DL No. 946 / 1811, and the Federal law on the inhibition of the terms run through Saturday and the good Friday BGBl. No. 37 / 1961, application.

(2) all days except Saturdays, Sundays and public holidays are considered working days.


(3) periods which are expressed in days, starting at 00: 00 of the day on which the period starts to run. The time is decisive for the start of a period measured after days in which an event occurs or an action is carried out, so the day is not included in calculating this period, in which this event or this act falls. A dimensioned after days deadline at the end of the last hour of the last day of the period.

(4) time limits which are expressed in weeks, months, or years, starting at 00: 00 of the day on which the period starts to run. A period measured in weeks, months or years end on the day of last week, last month or last year of the period, which corresponds to the day on which the period starts to run, according to its name or its number. If is missing a corresponding tag for a period measured by months, the period ends on the last day of the last month. Periods which are expressed in weeks, months, or years, ends at 24:00 of the day on which the deadline expires.

(5) periods which are expressed in hours, start at the beginning of the first hour, to which the period begins to run. The date is decisive for the beginning of a period measured by hours, in which an event occurs or an action is carried out, so the hour is not included when calculating this period, in which this event or this act falls. A dimensioned after hours deadline at the end of the last hour of the period.

(6) is the last day of a time limit on good Friday, a Saturday, Sunday, or legal holiday, the time limit to 24:00 hours of the following working day ends.

(7) the provisions of paragraph 3 to 6 however do not exclude, that an Act, which is before a deadline, on the day on which the deadline expires, can be made only during ordinary office or business hours.

Principles for the design and extension of deadlines

Section 49 (1) the principal has deadlines to be such, and to assess that sufficient time for performing the appropriate actions will remain the entrepreneurs affected by the deadline. In particular participation and offer periods and deadlines for the development of solutions in the competitive dialogue are to be such that sufficient time to the decision and creation of participation requests, offers and solutions remain the entrepreneurs. On circumstances which may complicate the preparation of the offer or the development of a solution, care to take.

(2) the offer period is extended if the correction on the creation of the offers has significant influence a corrigendum to the notice of the award of benefits (section 39). Any change of the offer period is proven to announce all candidates or tenderers. This is not possible, it is so in the same way to make like the announcement of the award of benefits.

(3) the client has, if necessary, the time limit for receipt of requests to participate, to extend the offer period or the submission of proposals, if the server on the applications for participation, the proposed solutions or the offers are to be submitted, is not continuously listening to the time course of the respective period. An extension of the time limit is demonstrably notify all candidates or tenderers. This is not possible, is so to make known the extension in an appropriate manner.

Transmission and information deadlines

Section 50 (1) unless the request in a timely manner, provided has the contracting authority or the competent body further information about the call for tenders, additional documents or the description in the competitive dialogue immediately, anyway, but at least six days, in restricted procedures or accelerated negotiated procedure pursuant to § 55 not later than four days before the deadline for the receipt of tenders grant.

(2) can in time requested tender documents, additional documents or requested information reasons, which are can be attributed to not the entrepreneurs, not within in the paragraph 1 sent to dates, made available or granted, or can offer only after an inspection of the site or obtained by allowing plants to the tender spot, so the offer terms are according to extend. The extension is to be such that all concerned entrepreneurs of all the information that are necessary for the preparation of the offer, can take note.

2. subsection

Regular minimum time limits for procurement procedures in the area of upper threshold

Participation deadlines

§ 51. In the restricted procedures with prior publication of notice in the negotiated procedure with prior publication of notice and in the competitive dialogue, the period to be fixed by the contracting authority for receipt of requests to participate in the procurement procedure is 37 days minimum. It begins with the date of dispatch of the notice.

Offer deadlines

§ 52. In the restricted procedures with prior notice, the period to be fixed by the contracting authority for the receipt of tenders is at least 40 days. It begins with the date of dispatch of the invitation to tender and ends with the date up to which offers must be received no later than.

3. subsection

Shorter deadlines for procurement procedures in the area of upper threshold

Offer deadlines for the accelerated after prior information notice

section 53. The deadline for the receipt of tenders in the restricted procedure with prior publication of notice provided for in § 52 may be reduced to 22 days, unless the contracting authority at least 52 days, but no more than twelve months before the date of dispatch of a notice in accordance with the sections 38 and 42 has sent a prior information notice in accordance with § 45 for publication the Commission. The offer period begins with prior notice with the date of dispatch of the invitation to tender in restricted procedures. The prior information notice must contain the information referred to in annex VI for the announcement a prior information notice, insofar as they exist at the time of publication of the prior information notice.

Shorter supply and participation in periods when using electronic media

54. (1) if announcements by using the relevant standard form be created electronically and transmitted electronically according to the procedures for the transmission of notices and releases made manifest by the Federal Chancellor pursuant to § 42, can be shortened the deadline for receipt of requests to participate in the procurement procedure (article 51) to seven days in the restricted procedure with prior publication of notice in the negotiated procedure with prior publication of notice and in the competitive dialogue.

(2) the offer periods in the restricted procedure with prior publication of notice (article 52) can be shortened to five days if the client from the time of the initial availability of the respective notice records electronically has made free, direct and fully available the tender documentation and all additional the award procedure. In the notice the Internet address is to specify, under which these documents are available.

(3) the reduction of the time limit referred to in paragraphs 1 and 2 are cumulative.

Shorter terms and offer deadlines in the accelerated procedure in an emergency

Article 55. The contracting authority may, provide the restricted procedure with prior publication of notice and the negotiated procedure with prior publication of notice unless compliance with the regular or the shortened time limits referred to in the paragraphs 51 to 54 is not possible for reasons of urgency, following deadlines:



1. at least 15 days for the receipt of requests to participate in the procurement procedure, calculated from the date of dispatch of the notice;

2. at least 10 days for the entrance which requests to participate in the procurement procedure, was calculated from the date of dispatch of the notice, unless the notice by using the relevant standard form created electronically and electronically according to the procedures for the transmission of notices and releases delivered made manifest by the Federal Chancellor pursuant to § 42;

3. in the restricted procedure with prior notice at least 10 days for the receipt of tenders, calculated from the date of dispatch of the invitation to tender.

4. subsection

Rules on time limits in the threshold area

Participation, supply, delivery and information deadlines

Article 56. The participation and offer deadlines are appropriate to set and should be less than 37 or 40 days without good reason. Additional information and additional documents should be issued generally within four days or made available.

4 section

Suitability of the entrepreneur

1 subsection

To exclude from participation in the procurement procedure entrepreneurs

Grounds for exclusion

§ 57. (1) the customer has - without prejudice to paragraph 2 and 3 - entrepreneurs from participating in the contract award procedure to exclude if



1.

the principal knowledge of a final conviction against them or, if there are legal persons, registered partnerships or associations--has physical persons working against in their management, which relates to one of the following facts: restrictive collusion in procurement procedures (§ 168 b of the Penal Code - StGB, Federal Law Gazette No. 60/1974), bribery (sections 302, 307, 308 and 310 of the Criminal Code; § 10 of the Federal Act against unfair competition 1984 - UWG) , BGBl. No. 448), fraud (sections 146 ff StGB), infidelity (§ 153 StGB), gift acceptance (section 153a StGB), promotion abuse (§ 153b StGB), money laundering (§ 165 StGB), betrayal of State secrets (§ 252 StGB), membership in a criminal organization (§ 278a StGB), terrorist organization (§ 278 b of the Criminal Code), terrorist offences (§ 278 c StGB), terrorist financing (§ 278d StGB), training for terrorist purposes (§ 278e StGB) or call for acts punishable and approval with punishment threatened actions (§ 282 StGB) or a corresponding offence in accordance with the provisions of the , where the operator has its seat, 2. her assets opened insolvency proceedings the opening of insolvency proceedings due to lack of cost-covering assets was rejected, 3. they are in liquidation or adjust their commercial activities or set, 4 against them or, in the case of legal persons, registered partnerships, or working groups - against physical persons involved in the management , given a final judgment for a crime, which is their professional conduct in question, they, in particular a breach of their obligation to guarantee of the information or security of supply in the framework of a previous have misconduct 5. in the course of their professional activities, which justify the contracting authority, not the necessary trust to exhibit 6, to prevent risks to the security of the Republic of Austria , and this, can justify such as protected data sources, they their obligations to the payment of social security contributions or taxes and duties according to the regulations of the country in which they are established, or in Austria have not met 7 or 8 have in obtaining information regarding the power, professional reliability, technical performance, as well as the financial and economic performance of substantially false statements made himself guilty she or not to provide this information.

(2) to entrepreneurs, whose assets insolvency proceedings opened or which are in liquidation or winding up its commercial activities, contracts under the negotiated procedure referred to in §§ 25 para 1 may be awarded however Z 10 and 31 para 1, if their capability to do so is sufficient.

(3) by an exclusion of operators referred to in paragraph 1, the distance can be taken, if



1 on their participation in exceptional cases for compelling reasons of public interest can not be waived, or a slight backlog in terms of social security contributions or taxes and charges is 2. in the case of paragraph 1 Z 7 only.

2. subsection

Eligibility requirements and evidence of suitability

Time of the existence of the suitability

§ 58. without prejudice to the regulation of § 18 para 1 has the power, performance, and reliability at the latest



1. in a restricted procedure with prior publication of notice at the time of the invitation to tender, 2. the negotiation process in principle at the time of the invitation to tender, 3rd in the framework agreement to the relevant time according to the selected type of procedure to conclude of the agreement referred to in Nos. 1 and 2, as well as a renewed call to the competition at the time of the sequence of the offer period, 4. the competitive dialogue at the time of the invitation to tender are available.

Self-certification, request the evidence by the customer

Section 59 (1) the customer has to set the sections 60 to 64 entrepreneurs who participate in a tendering procedure, with which evidence according to their



1 professional power, 2. professional reliability, 3. financial and economic performance, as well as to have technical efficiency 4. Evidence may be set only as far as it is justified by the subject of the order.

(2) candidates or tenderers can their power, reliability, and performance by the submission of a declaration show that they can meet the eligibility criteria required by the contracting authority and immediately teach the specified evidence prompted (self-certification). In such a declaration are the powers to specify that the contractor has specifically.

(3) in the case of the award of contracts, the contracting authority may require certain evidence of certain candidates or tenderers if necessary according to the customer's. For the award of contracts relating to upper threshold, the contracting authority prior to contract award has to request the submission of specified evidence of the tenderer in any case; for a public procurement into lots, this applies only when the estimated value of the individual lot reached the respective threshold referred to in article 10, paragraph 1.

(4) in accordance with the paragraph 3 the contracting authority may require the contractor, required evidence within a reasonable period of time or to complete proposed certificates within a reasonable period of time to explain. Evidence can be submitted also in copy or electronically.

(5) the contractor can lead evidence of power, reliability and performance also by proof of registration in a relevant, publicly available directory of a third party, insofar as this there are the documents specified by the customer in the currency required by the contracting authority and are directly accessible by the client. The entrepreneur can lead evidence of power, reliability and performance with other than the documents provided by the client, unless the specified documents for a justifiable reason can not be taught, and the submitted documents have the same validity as those originally laid. The proof of the same significance is to deliver from the contractor when requested.

(6) in the case of tenders by a consortium or a consortium, each Member has to prove the powers for the performance part specifically incurred to him according to the par. 2 and 3.

Proof of the power of

section 60. The customer shall have as proof of the existence of the relevant authority in accordance with article 59, paragraph 1, that the entrepreneur is authorized according to the regulations of the country of origin to provide the concrete performance, set: Z 1



1. According to the legislation of the country of origin of the entrepreneur a certificate of registration in the respective Annex V-led professional or trade register of the country of origin or the template of the certificate referred to in annex V or an affidavit, or 2. in the case of a service contract the template of the permission required in the country of origin of the contractor to perform the relevant service or a certificate concerning the membership required in the country of origin of the entrepreneur to the execution of such a service to a specific organization.

Proof of professional reliability

Section 61 (1) the customer has as a proof of the professional conduct in accordance with article 59, paragraph 1 Z 2 establishing that the entrepreneurs have to prove, that is not a cause of exclusion in accordance with article 57, paragraph 1. The customer shall receive information from the Central Administration criminal evidence of the Federal Minister of finance in accordance with section from candidates coming for the procurement procedures in considering, tenderers and their subcontractors 28B of the aliens Employment Act (aliens), Federal Law Gazette pick, no. 218/1975, whether a legal punishment in accordance with article 28, paragraph 1 Z 1 aliens is this. This information should not be older than six months.

(2) evidence may be for exclusion



1. in accordance with article 57, paragraph 1 Z 1 to 4 by template of an excerpt from professional referred to in annex V or commercial register, criminal records, or an equivalent certificate of a judicial or administrative authority of the country of origin of the contractor, indicating that this exclusion does not exist, and 2. in accordance with article 57, paragraph 1 Z 7 template of the final statement of the competent social security institution or the ultimate residue certificate referred to in Article 229a of the federal tax code (BAO) , Federal Law Gazette No. 194/1961, or equivalent documents of the competent authorities of the country of origin of the contractor be provided.


(3) are not issued the certificates referred to in paragraph 2, behind certificates, account statements, or documents in the country of origin of the entrepreneur or is not all in article 57, paragraph 1 1 to 4 and 7 cases provided mentioned Z, the contracting authority may require Declaration of the entrepreneur an affidavit or an appropriate, before a competent judicial or administrative authority before a notary or a qualified professional body of the country of origin of the entrepreneur , that no pursuant to § 57 para 1 Nos. 1 to 4 and 7 grounds for exclusion.

(4) the authorities and bodies which issue certificates in accordance with par. 2 and 3, are the Federal Minister for European and International Affairs for transmission to the Commission, the other Member States of the EU and the other Contracting Parties of the EEA agreement to announce by the Federal Ministry of economy, family and youth. The Federal Minister of economy, family and youth has the Chancellor about the content of this letter to inform.

Assessment of professional reliability

Section 62 (1) the contracting authority is assessing the reliability of the entrepreneur especially those pursuant to § 61 para 2 relevant supporting documents and the pursuant to article 61, paragraph 1, second sentence, collected information based to lay. Results from these certificates, that is a final judgment within the meaning of § 57 para 1 Z 1 or 4 or the customer on the basis of these certificates demonstrably establishes Z 5 within the meaning of § 57 para 1 a misconduct or the customer otherwise of such a judgment, such misconduct demonstrably become aware, so the required reliability is not given to this company , unless he makes it credible, that despite this circumstance he is reliable.

(2) to the Glaubhaftmachung in the sense of paragraph 1, second sentence, the last half sentence has the entrepreneurs to demonstrate that he has taken concrete technical, organizational and personnel measures, which are likely to prevent further setting of the relevant criminal offences or misconduct. Considered as such measures



1. the introduction of a high-quality report and control system, 2. the intervention of an organ of the internal audit to the regular verification of compliance with the relevant regulations, 3. the introduction of internal liability and compensation rules to comply with the relevant legislation.

(3) the customer has to examine the arguments of the operator and to put the measures taken by the contractor in relation to the number and the severity of the committed offences or misdemeanours in assessing the reliability. In assessing the gravity of the final punishment in accordance with article 28, paragraph 1 Z 1 aliens is to take into account in particular the number of illegally employed workers and the duration of the illegal employment. More than two final punishment in accordance with article 28, paragraph 1 Z 1 aliens exist or were carried out two final punishment in accordance with article 28, paragraph 1 Z 1 aliens at short time intervals, is a more stringent standard to apply.

Proof of the financial and economic capacity

63. (1) as evidence of the financial and economic capacity in accordance with article 59, paragraph 1 Z 3 the customer in particular demand:



1. a bank Declaration (creditworthiness), 2. evidence of professional risk indemnity insurance, 3. the presentation of balance sheets or balance statements, unless their disclosure in the country of origin of the entrepreneur is required by law, 4. a statement of the solidary liability of subcontractors towards his principal if the entrepreneur to prove of its financial and economic performance based on the capacities of subcontractors, 5. a declaration about total sales and, if necessary, the turnover for the business , in the the present procurement falls, at most for the last three fiscal years, or for a shorter period of activity, if the company is not so long.

(2) can an entrepreneur for a legitimate reason to be credible he not teach the evidence required by the contracting authority pursuant to paragraph 1, he can provide the proof of its financial and economic performance by presenting each other by the principal for suitable deemed proof.

Proof of the technical performance of

64. (1) as for the technical performance of verification in accordance with article 59, paragraph 1 Z 4 the principal depending on the type, amount or extent and intended use of the goods to be delivered, to performing works or services request in particular the evidence mentioned in paragraph 5 to 8.

(2) the contracting authority requires evidence of services rendered (references), it is, if the recipient was a contracting authority, to teach in the form an issued by the contracting authority or accredited certificate that the recipient can directly submit to the contracting authority. The recipient has been no customer evidence of services rendered (references) is in the form of a certificate issued by the beneficiaries or, if such confirmation is not available, by a simple declaration of the contractor to provide.

(3) evidence of services rendered (references) must contain at least the following information:



1 name and seat of the beneficiary, as well as name of the respondent;

2. value of performance;

3. time and place of service provision;

4. indication of whether the performance was carried out professionally and properly.

(4) certification of services presented the entrepreneur in work communities has provided, is the proportion of the services rendered by the contractor to specify.

(5) as proof of technical capability may be required for supply contracts in particular:



1. a list of significant over the last five years provided supplies;

2. a description of the technical equipment, of the measures of the entrepreneur to the quality assurance and investigation and research opportunities of the entrepreneur, as well as the internal rules of the contractor concerning intellectual property rights;

3. information about the technical professionals or the technical bodies, whether they are connected with the company or not, regardless, in particular over those entrusted with the quality control;

4. samples, descriptions and/or photographs of the products to be delivered, whose Echtheit must be detectable at the request of the customer

5. certificates issued by competent institutions or authorities for quality control, confirm that they correspond to precisely designated goods of certain specifications or standards through appropriate references;

6 at delivering complex goods or goods, to be delivered, which exceptionally will serve a special purpose, a check is carried out by the contracting authority or its behalf by a competent official body in the country of origin of the entrepreneur. This control affects the production capacity and, if necessary, the study and research facilities of the entrepreneur, as well as by this arrangements for quality control;

7. for supply contracts, for the installation or Assembly work or services the qualifications and certification that the entrepreneur or the executives of the contractor have also for the installation or Assembly work or professional qualifications required for the corresponding services, expertise and experience are required,

8. a statement of the annual means of showing by the contractor in the last three years employed and the number of its executives over the last three years;

9. a description of facilities, the equipment, the technical equipment and the number of employees and their expertise and/or the sources of supply - with an indication of the geographical location of the contractor, if it is outside the Union - on which the entrepreneur can rely to execute the order, to cover any needs increases of the customer as a result of a crisis situation or to ensure the maintenance, modernisation or adaptation of the goods delivered under the contract;

10. for supply contracts, for the installation or Assembly work the certificate that the entrepreneur has for providing the installation or Assembly work required professional qualifications, skill and experience are required.

(6) as proof of technical capability may be required for works contracts in particular:



1. a list of the construction services provided in the past five years;

2. information about the technical professionals or the technical bodies, whether they are connected with the company or not, are regardless, and in particular over those entrusted with the quality control or have the contractor in the execution of the construction project;

3. qualifications and certificates of professional competence of the entrepreneur and the executives of the contractor, in particular of the persons responsible for the execution of the work;

4.

Construction services, whose art justifies a corresponding request by the principal, the indication of the environmental management measures, that the entrepreneur may; applied during the execution of the order

5. a description of facilities, the equipment, the technical equipment and the number of employees and their expertise and/or the sources of supply - with an indication of the geographical location of the contractor, if it is outside the Union - on which the entrepreneur can rely to execute the order or any demand increases of the customer as a result of a crisis situation to cover;

6. a statement of the annual means of showing by the contractor in the last three years employed and the number of its executives over the last three years;

7. the certificate that the entrepreneur has to the provision of construction services required professional qualifications, expertise and experience.

(7) as proof of technical capability may be required for service contracts in particular:



1. a list of significant over the last five years provided services;

2. a description of the technical equipment, of the measures of the entrepreneur to the quality assurance and investigation and research opportunities of the entrepreneur, as well as the internal rules of the contractor concerning intellectual property rights;

3. information about the technical professionals or the technical bodies, whether they are connected with the company or not, regardless, in particular over those entrusted with the quality control;

4. complex services or services, the exceptionally a particular purpose intended, a control, which is carried out by the contracting authority or its behalf by a competent official body in the country of origin of the entrepreneur. This control affects the technical performance and, if necessary, the study and research facilities of the entrepreneur, as well as by this arrangements for quality control;

5. qualifications and certificates of professional competence of the entrepreneur and the executives of the contractor, in particular of the persons responsible for providing the services;

6 in the case of services, whose art justifies a corresponding request by the principal, the indication of the environmental management measures, that the entrepreneur may; applied during the execution of the order

7. a description of facilities, the equipment, the technical equipment and the number of employees and their expertise and/or the sources of supply - with an indication of the geographical location of the contractor, if it is outside the Union - on which the entrepreneur can rely to execute the order or any demand increases of the customer as a result of a crisis situation to cover;

8. a statement of the annual means of showing by the contractor in the last three years employed and the number of its executives over the last three years;

9. the certificate that the contractor owns the required professional qualifications, expertise and experience for the provision of the service.

(8) in the case of contracts involving classified information are used or the classified information require and/or include may by the entrepreneur, it be required that it can guarantee the processing, storage and transmission of such classified information on the level of security required by the contracting authority. This certificate shall meet the requirements in accordance with the sections 55 to 55 b Security Police Act (SPG), Federal Law Gazette No. 566/1991, or 23 and 24 military Powers Act (MBG), Federal Law Gazette I no. 86/2000 match. Security checks in other Member States are to recognize if the according to § 8 law on information security (InfoSiG), Federal Law Gazette I no. 23/2002, furnished information security Commission has determined, that they are equivalent to the security checks performed after SPG and MBG with positive results or reliability tests. The customer can perform further its own investigations and consider, if he deems it necessary.

Proof of suitability with other entrepreneurs

section 65. To demonstrate of the required performance or power, a contractor for a particular job can rely on the capacities of other contractors regardless of the legal nature of the links between him and these entrepreneurs. In this case, he must provide evidence that for the execution of the order resources at other traders to the necessary extent actually provided him.

Quality assurance standards and standards for environmental management

66. (1) requires the customer to prove that the entrepreneur meets certain quality assurance standards, the submission of certificates of independent and accredited bodies, so he has on quality management systems to refer to, comply with the relevant European standards and are certified by independent accredited bodies which comply with the European certification and accreditation standards. Equivalent certificates by independent accredited bodies in other Member States of the EU or an other party of the EEA agreement must be recognised. The customer must accept other evidence of equivalent quality management systems.

(2) requires the contracting authority to in § 64 paragraph 6 Z 4 and paragraph 7 are 6 cases referred to the evidence Z that the entrepreneur the submission of certificates of independent bodies, certain standards for environmental management complies with, so he on the Union system for eco-management and audit (scheme EMAS) or standards for environmental management related to take, which on the relevant European or international standards based on and certified by bodies , which comply with European Union law or the relevant European or international standards of certification. Equivalent certificates must be recognized by other Member States of the EU or by agencies of other Contracting Party of the EEA Agreement. The customer must accept other evidence of equivalent environmental management measures.

5. section

The invitation to tender

1 subsection

General terms and conditions

Principles of the tender

67. (1) the services must, be, published if not an award procedure without prior publication of notice will be applied, in time allow the procurement according to the procedures of this Federal Act.

(2) technical specifications should be set in the tender documents if possible, so taking into account the criteria of access for people with disabilities or design for all users.

(3) that tender documents are so elaborate that the comparability of the offers is ensured and prices without assuming not calculable risks and – if not a functional specifications in accordance with article 81, paragraph 3 - can be determined without extensive work by the bidders.

(4) any involvement of third parties in the preparation of a tender is to be documented.

(5) the preparation of a call for tenders is to transfer only such persons who meet the technical prerequisites for this. If necessary, are unbiased experts to consult.

(6) if the issuing body on the technical and the tender documents and all other are other conditions has, for the creation of offers exclusively electronically to provide required documentation.

Content of the tender documents

Section 68 (1) in the notice or in the tender documents is to call the principal or the principal and the issuing authority as well as to indicate whether the advertised power is allocated according to the provisions of this Federal Act for the upper or the lower threshold band and the regulations implementing and what award authority for the control of this tendering procedure is responsible.

(2) in the tender documents are deemed necessary or subsequently on request by the client to proof in accordance with §§ 60, to record 61, 63 and 64, if they had not already listed in the notice.


(3) in the upper sill the contracting authority may award the contract to the technically and economically most favourable offer or the offer with the lowest price. Should the contract be awarded the technically and economically most favourable offer, all award criteria, it provides for their use, to specify relative importance to has the contracting authority in the contract notice or in the tender documents. This information can be done through establishing a margin, the largest bandwidth must be reasonable. The award criteria in the ratio of importance to comprehensible reasons is not possible according to the customer's all award criteria, it provides for their use, to specify in the order of importance to has the contracting authority in the contract notice or in the tender documents. Provided in the contract notice or in the call for tenders no determination concerning the principle of the surcharge, the surcharge is to grant the offer with the lowest price.

(4) the tender documents contain technical specifications to.

(5) the contractor can record conditions in the tender documents, which are to meet during the provision of the services. These conditions can in particular social or environmental content be, concerning sub contracts (section 74) or aiming to guarantee compliance with the requirements specified by the contracting authority in relation to the security of classified information and the security of supply.

Information security

Section 69 (1) orders, where classified information will be used or that require such classified information or include, has the contracting authority in the tender documents to specify all measures and requirements, which are necessary to ensure the protection of classified information on the required level of security.

(2) the contracting authority may require in particular the following information on offer:



1. the commitment letter of the tenderer and the already selected subcontractors to maintain the confidentiality of all in its possession or gelangter them to the knowledge of classified information in accordance with the regulations in an appropriate manner throughout the duration of the contract and termination or expiry of the Treaty, 2 that he forgives Declaration of commitment of the bidder, by other subcontractors, in the course of the job to run sub orders to obtain a declaration of commitment in accordance with no. 1 , 3. all details of previously selected subcontractors, allowing the client to determine whether each individual subcontractors in the position is to provide the confidentiality of classified information, including in executing his sub order given access or which in this context has to write in an appropriate manner to true, 4. a declaration of commitment of the bidder, the every new contractor prior to placement of the Sub order information required in no. 3.

(3) as long as harmonised the national laws relating to security checks at Union level are, must meet the requirements referred to in paragraph 2 the provisions of §§ 55-55 b SPG and of sections 23 and 24 MBG match. Security checks in other Member States are to recognise if the information security Committee has determined that they are equivalent to the security checks performed after SPG and MBG with positive results or reliability tests. The customer can perform further its own investigations and consider, if he deems it necessary.

(4) the contracting authority may grant applicants who are still not security cleared, if necessary, additional time to obtain such a review. In this case the client informs this possibility and the date in the notice.

(5) the contracting authority may request to check whether likely used premises and facilities, provided production and administrative procedures, the procedure for the treatment of information and/or the personal situation of staff likely to be used as part of the contract comply with the safety regulations to be complied the national safety authority of the country of the applicant or the designated security authority of that country.

Security of supply

Section 70 (1) the contracting authority has its requirements for security of supply set in the tender documents.

(2) the contracting authority may require in particular the following information on offer:



1 a certificate or documents that prove to the satisfaction of the contracting authority, that the bidder in relation to exports, transport and-transit can meet the obligations associated with the TFEU, including also supporting documents of Member States concerned include, 2. providing of all restrictions on the contracting authority due to export control or security restrictions with regard to the disclosure, transfer, or use of products and services, or the results from these products and services , 3. a certificate or documents, proving that organization and location of the tenderer's supply chain allow him to meet the requirements mentioned by the client in the tender documents on security of supply, and the commitment of the bidder, this ensures that any changes in its supply chain are affecting fulfil these requirements during job execution, commitment of the bidder, the capacity needed to meet possible demand increases of the customer as a result of a crisis situation under conditions to be agreed upon to create 4 or to maintain , 5 supporting documents of the national authorities of the tenderer with regard to the additional needs of the customer as a result of a crisis situation, 6 of the bidder's commitment, for maintenance, modernisation or adaptation of the goods delivered within the scope of the contract to ensure to inform 7, which might affect his obligations to the client compared to the commitment of the tenderer, the contracting authority in a timely manner of any change in his organization, supply chain or business strategy , 8. the tenderer's commitment to provide all specific means the contracting authority which are required for the manufacture of spare parts, components, kits and special test equipment, including technical drawings, to deliver these goods licenses and manuals, provided that he should no longer be able, under conditions to be agreed.

(3) by a tenderer may be to obtain a commitment of a Member State, which would restrict the freedom of that Member State, to apply its own criteria for issuing an export, vaccination - or transit authorisation under the conditions applicable at the time of the approval decision in accordance with the relevant international and European Union law legislation does not require.

Alternative offers

Section 71 (1) only for contracts should be awarded according to the criterion of the technically and economically most favourable offer, can allow the principal alternative offers. The customer shall expressly indicate in the invitation to tender, whether and what kind of alternative offers are approved. If the principal has made no indication of the admissibility of alternative offers alternative offers are not allowed. The alternative tender is allowed, so alternative offers are allowed also, as far as not expressly otherwise is set in the invitation to tender only in addition to a proper tender offer.

(2) the contractor has the minimum requirements in the tender documents, the alternative offers in terms of their comparability with the advertised performance meet need to explain and describe in what way these are to submit offers. The contracting authority may take into account only those alternative offers in the procurement procedures which meet the specified minimum requirements.

(3) a contracting authority, has approved alternative offers to paragraph 1, may not alone therefore reject a proposed alternative offer because it, when it should be awarded, would lead to a purchase order and not to a service contract or a service contract and not a purchase order within the meaning of this Federal Act.



Amendment offers



72. (1) if the contracting authority in the tender not else sets amendment offers are allowed. The contracting authority may restrict the admissibility of amendments offered to certain positions and require compliance with certain minimum requirements. So amendment offers the tender modification is allowed, are allowed also, as far as not expressly otherwise is set in the invitation to tender only in addition to a proper tender offer.

(2) the client has to indicate in what manner these offers be submitted are in the tender documents.

General provisions relating to subcontractors services

§ 73. (1) the bidder can choose freely his subcontractors, provided that no special provisions regarding subcontractor services in accordance with section 74 were taken. By the tenderer may not be required in particular to discriminate against potential subcontractors for reasons of nationality.


(2) the transfer of the entire order is forbidden, excluded are contracts and disclosure to affiliates.

(3) the transfer of the entire order or parts of the performance, the power required for the execution of its part is only to the extent permissible, as the subcontractor, has performance as well as the professional reliability. Subcontractors can prove necessary power, performance and professional conduct in accordance with of article 59 paragraph 2 to 4.

(4) the customer shall have to set in the invitation to tender, whether all or only the essential parts of the order anyway, or perhaps by means of sub orders attempt to award which the tenderer intends to announce are available.

(5) the contracting authority may refuse by the tenderer in referred to his offer, or selected by the successful tenderer during job execution sub contractor. The rejection must be only on the basis of those criteria, which have been applied in the selection of the tenderer for the main job. The customer shall notify the reasons for the rejection of a sub contractor the tenderer or the successful tenderer.

(6) the liability of the contractor is not affected by provisions of the customer in accordance with the paragraphs 73 and 74.

Special provisions regarding subcontractor services

§ 74. (1) the contracting authority may the successful tenderer in the tender commit, all or certain sub orders the successful bidder to third parties intends to forgive, to award according to the provisions of the 1st section of the 4th main piece.

(2) the contracting authority may oblige the successful bidder in the tender to award a certain percentage of the order in accordance with the provisions of the 1st section of the 4th main piece to third parties. The customer shall type the percentage in the form of a reasonable range of values, including the minimum and maximum percentages where the maximum percentage may not exceed 30 vH of the value of the contract. In determining the amount of the value are the subject and the value of the order and the type of the affected industry sector, in particular the level of competition that is prevailing in this market and the relevant technical skills of the industrial base, to take into account.

(3) up to each sub contracts, which falls within the range specified by the client, is reaching the required percentage referred to in paragraph 2 to account for the performance of the required percentage. The bidder may propose to give a beyond the prescribed percentage share of the total contract value to third parties.

Compliance with labour and social legislation

All public procurement procedures carried out in Austria which are 75 (1) Conventions No. 29, 87, 94, 95, 98, 100, 105, 111, 138, 182 and 183 of the International Labour Organization, Federal Law Gazette No. 228/1950, no. 20/1952, no. 39/1954, no. 81/1958, no. 86/1961, no. 111/1973, BGBl. III No. 200/2001, Federal Law Gazette III No. 41/2002 and Federal Law Gazette III No. 105 / 2004 stemming to comply.

(2) the customer has to provide in the invitation to tender, that the creation of the offer of services to be provided in Austria, taking into account the labour and social regulations applicable in Austria has to be done and that the bidders undertake to comply with these rules in the implementation of the order in Austria. These rules must be kept available at the locally competent for the execution of the order outlining of the legal representation of interests of employers and of workers for inspection by interested bidders and applicants. This is to point out expressly in the tender documents.

Amending the tender

Modify the regulations are 76. (1) during the offer period required, to correct the tender documents and, if necessary, also the notice and, if necessary, to extend the offer period.

(2) an adjustment of the tender documents is required, it has been shown to transmit the correction all candidates or tenderers. This is not possible, the correction in the same way as the tender is known to do.

2. subsection

Special tender regulations on electronically submitted bids

Requirements for the submission of electronic tenders

77. (1) is the admissibility of the delivery of electronic services to announce no later than in the tender documents. If a client has made no indication of whether the submission of electronic tenders, the tender by electronic means is not allowed.

(2) the submission of bids by electronic means referred to in paragraph 1 is approved, is to specify in the tender documents, deals exclusively in electronic way or whether offers both electronically and in paper form can be dispensed. If the customer shall furthermore has made no indication, the submission of bids electronically as well as in paper form is approved.

Communication channels

§ 78. (1) the customer has the communication pathway or pathways, which offers electronically can be submitted, not discriminatory to set and the offers to transmit are along with an electronic address to which, to announce not later than in the tender documents.

(2) the designated channel of communication or the established communication channels must be suitable for a connection secured from end to end.

Document formats

section 79. The customer has the format of the document or the document formats, where offers and offer elements can be created to set non-discriminatory basis and to announce no later than in the tender documents. For offers that are created in a single document, and offer main parts only document formats, can be provided with a qualified electronic signature may be prescribed.

Encryption

Section 80 (1) the customer has the allowable or allowable encryption and decryption procedure to apply to offers that are, to announce not later than in the tender documents.

(2) the encryption and decryption process have a strong encryption standard according to the respective State of the art to suit.

3. subsection

The description of the services and provisions on the performance contract

Types of performance description

81. (1) the description of the performance can be either constructive or functional.

(2) in the case of a constructive description of services the services are broken down by part of services to be provided.

(3) in the case of a functional description of services, the services are described as task setting of performance or functional requirements.

Principles of the specifications

82. (1) the benefits are so clear in a constructive specifications fully and neutrally to describe that the comparability of the offers is guaranteed. A constructive performance description shall contain the technical specifications and, if necessary, by plans to add drawings, models, samples, patterns and the like.

(2) in the case of a functional specifications, the technical specifications referred to in section 83 have the performance target to describe that all conditions relevant for the preparation of the offer and circumstances can be seen as sufficiently accurate and neutral. From the description of the services the purpose of the final performance, as well as the demands placed on the performance of technical, economic, creative and functional must so far be, that the comparability of the offers in regard to the contracting authority specified performance or functional requirements is guaranteed. Performance and functional requirements must be clarified so sufficiently that they convey a clear idea about the subject of the order of the candidates and tenderers and allow the award of the contract the contracting authority. A functional description of the performance has to contain technical specifications as well as plans, drawings, models, samples, patterns and the like, as far as they exist at the client's premises.

(3) the service and the task it may be not so circumscribed that certain bidding from the outset enjoy competitive advantages.

(4) in the description of the performance are, where appropriate, the specifications for the delivery of environmental-friendly products or for the provision of services in relation to environmentally sound procedures, insofar as this is possible under the respective State of the art and the current market range to specify. Performance and functional requirements have, as far as this is possible on the basis of the terms of reference to include the environmental standards of performance requirements.

(5) in preparing the description of the performance and the terms of reference, standing any future ongoing or resulting cost effective factors (E.g. operating and maintenance, services, necessary spare parts warehousing, disposal) are also with the performance in relation to record, in case the costs of a criterion.


(6) in the description of the performance and the terms of reference are all circumstances to lead (E.g., local or temporal circumstances or special requirements with regard to the manner of performance), are for the performance and allow for the preparation of the offer of importance. This also applies to special difficulties or reductions.

Technical specifications

83. (1) technical specifications must be equally accessible to all candidates and tenderers and may restrict competition in a wrongful manner.

(2) without prejudice to the binding set, Union legally compliant national technical regulations, including the rules concerning product safety, and technical requirements, which are to meet in accordance with international standards agreements to guarantee of the interoperability required by these agreements, technical specifications are to be defined



1. in accordance with the following rank order: a) national civil standards that European standards are implemented, b) European technical approvals, c) common civilian technical specifications, d) national civilian standards, with which international standards are implemented, e) other international civil standards, d) other technical reference systems established by the European standardisation bodies or if such standards and specifications are missing, other national civilian standards , national technical approvals or national technical specifications for the planning, calculation and design of buildings and the use of products, e) civilian technical specifications were developed by the industry and are recognized by the industry in General, or f) national defence standards and specifications for defence equipment, which conform to these standards, to provide all with the addition "or equivalent" is any reference , or 2. in terms of performance or functional requirements, or 3rd in terms of performance or functional requirements according to no. 2 by reference to technical specifications in accordance with no. 1 as a means of presumption of conformity with such performance or functional requirements, or 4 referring to technical specifications in accordance with subpara 1 in respect of certain features and in terms of performance or functional requirements with regard to other characteristics.

(3) technical specifications pursuant to para 2 be set Z 1 so the customer may refuse an offer, an alternative or an amendment quote not reasoned, the offered goods and services equals not the specifications drawn up by him, provided that the tenderer proves by appropriate means in its offer that the requirements of the technical specification, the reference was taken from him proposed solutions , equally match. In particular a technical description of the manufacturer or a test report of a recognized authority considered appropriate means.

(4) are technical specifications in terms of performance or functional requirements according to para 2 set no. 2, so the client must an offer, an alternative or an amendment offer, the a national standard, with a European standard is implemented, or a European technical approval, a common technical specification, an international standard or a technical reference system, which was developed by the European standardisation bodies , corresponds to, refuse, if these specifications relate to the performance required by him or functional requirements. The bidder must demonstrate in his offer or its alternative or modification offer by appropriate means, that the respective goods corresponding to the standard, services or construction meets the performance or functional requirements of the contracting authority. In particular a technical description of the manufacturer or a test report of a recognized authority considered appropriate means.

(5) are requirements on the environmental standards of performance set Z 2 in form of performance or of functional requirements pursuant to par. 2, so the customer can refer to the description of the performance specifications or parts thereof, in European, national, are multi - or multi-ethnic or set in any other eco-label, provided that



1 are the specifications to define of the characteristics of the contract subject goods or services, 2. the eco-label on the basis of scientifically proven information requirements have been developed, 3. the eco-label in the context of a procedure developed and decided been are, where all interested parties such as administrative authorities, consumers, manufacturers, distributors and environmental organisations can participate, and 4. the eco-label is accessible and available all interested parties.

The client can specify in the tender documents, that goods or services, which are equipped with a specific environmental character is suspected, that they comply with the technical specifications laid down in the tender documents. The client must acknowledge each other appropriate evidence, such as a technical description of the manufacturer or a test report of a recognized authority of.

(6) recognised bodies within the meaning of that provision are those testing and calibration laboratories and inspection and certification bodies which comply with applicable European standards. The client must acknowledge certificates from one in another Member State of the EU or of a recognized bodies resident in the EEA Agreement other party.

(7) as far as it is justified by the subject of the order, a specific origin or a specific production can be referenced in technical specifications on a certain production or origin or a special procedure or on trade marks, patents, types, if this specific entrepreneurs or specific products are favoured or excluded. Such references are however exceptional cases allowed, if the subject of the order can be described otherwise not sufficiently precise and intelligible. Such references can be provided without exception with the addition "or equivalent".

(8) the tendering of a particular product with the addition "or equivalent", is exceptionally make and type of the equivalent products chosen by him are in free lines (bid gaps) of the output directory after the corresponding location of the tenderer and, if required, other these products statements to require. The relevant criteria for assessing the equivalence shall be indicated in the description of the performance.

Provisions of the Treaty

Unless the contract provisions are seen in the description of the performance, they are section 84 (1) clearly and comprehensively establishing that a clear service level agreement can come.

4. subsection

Provisions for the tender in procurement procedures in the threshold area

Principles of the tender

§ 85. (1) in procurement procedures in the emerging area of para 2 to 11 as well as the rules referred to in paragraph 2 to 11 the tender only the provisions apply.

(2) the services must be, made if not an award procedure without prior publication of notice will be applied, so in time known that the award is possible according to the procedures of this Federal Act.

(3) the tender documents contain technical specifications to. Technical specifications should be set in the tender documents if possible, so taking into account the criteria of access for people with disabilities or design for all users.

(4) that tender documents are so elaborate that the comparability of the offers is ensured and prices without assuming not calculable risks and – if not a functional description of performance - can be determined without extensive work by the bidders.

(5) in the tender documents or in the contract notice is to describe the principal or the principal and the issuing authority as well as to indicate that the advertised power is allocated according to the provisions of this Federal Act for the lower threshold band and the regulations implementing and what award authority for the control of this tendering procedure is responsible.

(6) in the tender documents deemed necessary or subsequently on request by the client to proof in accordance with section 59 are to include, so far as they had not already listed in the notice.


(7) in the threshold area the contracting authority may award the contract to the technically and economically most favourable offer or the offer with the lowest price. Should the contract be awarded the technically and economically most favourable offer, all award criteria, it provides for their use, to specify relative importance to has the contracting authority in the contract notice or in the tender documents. This information can be done through establishing a margin, the largest bandwidth must be reasonable. Such commitment for understandable reasons is not possible according to the customer's all award criteria, it provides for their use, to specify in the order of importance to has the contracting authority in the contract notice or in the tender documents. Provided in the contract notice or in the call for tenders no determination concerning the principle of the surcharge, the surcharge is to grant the offer with the lowest price.

(8) with regard to information and security of supply, alternative offerings, amendment offers and subcontractor services apply the paragraphs 69 to 74.

(9) with regard to the tender regulations on electronically submitted bids, the sections 77 to 80 apply.

(10) the sections 81 to 83 shall apply for the description of procurement procedures in the threshold area.

(11) the contractor can make more, in line with the principles of article 17 specifications in the tender regulations.

6 article

Trace of individual procurement procedures

Participants in the negotiated procedure without prior publication of notice

§ 86. (1) when a negotiated procedure without prior publication of notice has the invitation to tender only to authorized, to be powerful and reliable contractor.

(2) the selection of to request entrepreneur has in a non-discriminatory manner to take place. The principal has to switch the to request entrepreneur as often as possible. In particular, small and medium-sized entrepreneurs in the procurement process to participate are possible.

(3) the number of the to request entrepreneur is set according to the performance. She may exist in negotiated procedures without prior publication of notice in the upper threshold area, if not the performance can be provided only by a particular contractor or urgent, compelling reasons, are in existence of a sufficient number of qualified, efficient and reliable contractors not under three. Without prior notice in the threshold area the number of to request entrepreneur, if not the performance can be provided only by a particular contractor or urgent, compelling reasons exist, should be negotiated in existence of a sufficient number of qualified, efficient and reliable contractors not under three; Exceptions are allowed for factual reasons. The reasons for this shortfall have to be recorded by the client.

(4) of the entrepreneurs envisaged are offers to catch up.

Participants in the restricted procedure with prior publication of notice and the negotiated procedure with prior publication of notice

Restricted procedure with prior notice and negotiated procedures with prior publication of notice are 87. (1) in the relevant publication media in accordance with the articles 38, 42 to 44 and 47.

(2) requests to participate may be made electronically or by fax.

(3) opportunity to participate in the restricted procedure with prior publication of notice and the negotiated procedure with prior publication of notice is entrepreneurs, who have made requests to participate in time on the basis of the notice, and which are in accordance with the sections 57 to 66 as a competent, efficient and reliable, in accordance with para 5 and 6 to give.

(4) the contracting authority may obtain only the contents of the requests to participate after the deadline for their submission. On the examination of the requests to participate a transcript is to write, in which all the circumstances essential to the assessment of requests to participate to hold. The applicant can inspect his participation request section of the transcript at the client's premises. In the design of the transcript carefully aims to take.

(5) the number of the to request entrepreneur is set according to the performance, but should be restricted procedure with prior publication of notice in the upper sill not under five, in restricted procedures with prior publication of notice in the emerging area not under three. With prior notice in the upper sill the number of to request entrepreneur may be negotiated at existence of a sufficient number of qualified, efficient and reliable contractors not under three. With prior notice in the threshold area the number of to request entrepreneur should be negotiated with existence of a sufficient number of qualified, efficient and reliable contractors not under three; Exceptions are allowed for factual reasons. The reasons for this shortfall have to be recorded by the client. The number must ensure genuine competition and must be stated in the notice. The objective and non-discriminatory selection criteria have the specific requirements of to the execution of performance to take into account and are known to give the notice.

(6) received more requests to participate than the number specified by the client to request entrepreneurs as a result, so has the principal among the qualified, efficient and reliable entrepreneurs based on the selection criteria to select the best candidates. The determinants of the selection have to be recorded in comprehensible form. The client has requested not to tender applicants of this decision immediately anyway, but three days after the selection, notifying them of the reasons for the non-approval to communicate a week, in the implementation of an accelerated procedure in accordance with articles 53 to 55. The reasons for the non-approval are not known to give, unless the disclosure of such information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition.

(7) received fewer requests to participate by authorized, powerful and reliable entrepreneurs than the number specified by the client to request entrepreneurs as a result, so the principal may include no additional contractors in the procurement procedures in the upper sill. In the threshold area, the client can include additional contractors in the procurement proceedings.

(8) the customer has to ask the selected applicants at the same time in writing to tender. The prompt are if the documents not in the Internet are provided, to attach the call for tenders and any additional documents. It has to contain at least the following information:



1. If the additional documents not at the client's premises are available, the address and electronic address of the place at which the additional documents can; be requested the date up to which the additional documents can be requested; also the amount and the conditions for the payment of the amount to be specified, which, if necessary, is payable for the additional documents;

2. the day, until the offers must enter the address or the electronic address of the place where they submit are, as well as the language, to include them in the;

3. a note on the published notice;

4. providing of the documents, which may include;

5. unless provided the documents on the Internet, the Internet address (URL) of the documents on the Internet are available.

6. the (laid down in the ratio of their importance or lined) award criteria, if they are contained in the notice or in the tender documents, as well as 7 all other special conditions of participation.

The additional documents within the meaning of the Z 1 not at the client's premises are available, so has the point at which the additional documents can be requested to transmit them all selected applicants have requested the documents in good time, immediately after receiving the request.

The restricted procedure

Entrepreneurs required to submit offers can submit their offers § 88. (1) the restricted procedure within the offer period.

(2) during a restricted procedure may be not negotiated with the bidders about an offer change.

(3) the number and name of the contractor required to tender are to keep secret until the opening of the bids.

The negotiation process

Section 89 (1) the customer has to negotiate to determine the best for him offer in accordance with the award criteria made in the implementation of negotiated procedure or the bidders about the contents of the performance. In the implementation of negotiated procedures with a tenderer, the contracting authority with this over the entire contents of the performance may negotiate to determine the best for him offer in accordance with the award criteria made.


(2) the customer has all bidders in the negotiations to treat equally. He may share information in such a way discriminatory that certain bidding against other bidders may be favoured.

(3) a negotiated procedure can be performed with multiple bidders in successive stages. The ordering party may reduce the number of tenders on the basis of the award criteria announced. The customer shall have those tenderers whose Angebote not further be taken into account, to notify immediately of this decision. The procedure selected by the contracting authority is to announce in the invitation to tender or in the tender documents.

(4) the contractor has, if not corresponding provisions already have been made in the tender documents, advance to announce the conclusion of the negotiations the or the bidder participating in the negotiation procedure or bidders. This can happen as a result posted a round of negotiations as a last round of negotiations or the or the remaining bidders will be prompted to a last time submit of an offer or be.

(5) the contracting authority may reserve in the tender documents, that he conducts negotiations in a negotiation process with several bidders in the case of fully elaborated and comparable tender only with the tenderer of the lined-best offer and he only conducts negotiations with other tenderers, if the negotiations are not successfully concluded with the tenderer of the lined-best offer.

(6) in the given award criteria may provided in the tender documents do not otherwise laid down, no change will be made during the negotiating process.

(7) the number and name of the contractor required to tender are to keep secret until the announcement of the award decision.

7 section

The offer

1 subsection

General rules for offers

General terms and conditions

§ 90. (1) the Tenderer has to comply with the tender in restricted procedures in the preparation of the offer. The required text of the tender documents may not be modified or supplemented.

(2) if other is not explicitly set in the tender documents, the offer with all accompanying documents (E.g. test certificates) in the German language and in euro is to create.

(3) offers must relate to the overall performance of the advertised, unless that in the invitation to tender, the possibility was provided by partial offers. A partial bid invalid pursuant to the invitation to tender is an irreparable defect.

(4) alternative offers have to meet the minimum requirements and to ensure the provision of an equivalent power. The bidder has to do the proof of equivalence. Alternative offers may refer, on overall performance, parts of the performance on the economic or the legal conditions of service provision. Alternative offers are to identify as such and be submitted in an own elaboration. For any alternative offer, even if it relates only to parts of the overall performance, based on a total alternative offer price is by the tenderer to make.

(5) amendment offers have the provision of to ensure an equivalent performance. The bidder has to do the proof of equivalence. Amendment offers can refer only to technical aspects of parts of the performance. Amendment offers are to identify as such and to submit in an own elaboration. For each amendment offer, ever a total modification offer price is to make by the tenderer.

(6) an adjustment of the tender or of the call for tenders is from the perspective of an entrepreneur, so this immediately has to inform the customer. The customer shall, if necessary, carry out an adjustment pursuant to section 76.

(7) the tendering of a certain product with the addition "or equivalent", is exceptionally according to § 83 para 7 and 8 so the bidder can specify an equivalent product in its offer. The bidder has to do the proof of equivalence. The products referred to in the tender documents as examples is considered to have been offered, when no other products were offered by the bidder. If products referred to by the bidders do not meet the criteria stated in the tender documents the equivalence after expert examination, the advertised product is only offered if the offeror has stated this in a cover letter to the offer.

(8) during the offer period, the offeror by means of an additional, duly signed declaration can change its offer, Supplement, or withdraw from the same. A new total price, the offer change or supplement this action is to specify. The changes to the offer or supplement is to submit the customer according to the regulations for offers and to treat this as an offer. The resignation is to bring the customer. In this case, the offeror may request the immediate return of his unopened offer.

Form of tenders

Offers must have the form prescribed in the tender documentation article 91 (1).

(2) offers are full and free to dispose of number and calculation errors.

(3) the bidder has named to provide loose parts of the offer, as mark belonging to the offer and to give with this.

(4) offers must be so made that changes (such as a blur or remove the font, or the pressure) would be felt or detected. Corrections of bidder information must be clear and clear and so performed, that without a doubt is that the correction before the invitation to tender has been made. Specifying the date you must be confirmed by customer's legally binding signature.

Content of bids

92. (1) must include in particular any offer:



1 (company, trade name) name and place of business of the service provider; at work communities the naming one to conclude and to the handling of the procurement procedure and the contract authorized representative stating his address; Finally the (electronic) address of that place, who is entitled to receive the post;

2. announcement of the subcontractor, relies, with proof that the offeror does indeed have its capacity the bidder to prove of his fitness on their capacities and the contracting authority has the necessary for the implementation of the overall order securities on the financial and economic capacity;

3. notification of all parts or, if the client - provided this in the tender documents only the essential parts of the order, to forgive that the bidder intends; anyway, or possibly to subcontractors If necessary, announcement of the part or parts of the order, to subcontractors which the tenderer intends to the requirement to comply with section 74, paragraph 1 or 2, or announcement of a part or parts of the order to award required percentage intends also to subcontractors which the Tenderer has the pursuant to article 74, paragraph 2; Announcement of the subcontractors already selected. The naming of several subcontractors per power unit is permitted;

4. the commitment of the bidder, inform deterioration occurring in the course of the execution of the order at the level of subcontractors the contracting authority;

5. prices, including all required breakdowns and the if necessary explanations;

6. If necessary, at varying prices, a unique price conversion allow the details that are required to set the rules and conditions;

7. other required for the evaluation of the offer or the bidders need to prepare explanatory notes or explanations;

8. the enumeration of the offer enclosed and separately submitted documents;

9 any alternative or amendment offerings;

10 date and legally binding signing of the tenderer.

(2) with his offer, the bidder explained that he knows the provisions of the tender documents, that he has the necessary powers to the execution of the order, he provides the advertised service to these terms and conditions and the prices specified by him, and that he binds up the end of the contract period to its offer.

Special provisions concerning the content of the offers in functional specifications

§ 93. (1) a functional description of the performance are to provide that nature and scope of the performance clearly determined, demonstrated compliance with the requirements of the task, assessed the adequacy of the required rates, and after the performance the conformity of the performance can be tested without a doubt the offers.

(2) the offer has to be created by the tenderer service specifications with quantities and prices for all parts of the functionally described performance to include, if necessary, drafts and other documents to be attached are in principle.


(3) in the offer are also the assumptions of which the tenderers in writing of the proposal went out to explain and justify. With his offer, the bidder declared the completeness of its information (if necessary with tolerance values).

(4) paragraphs 1 to 3 do not apply to deals in those stages of a negotiation procedure, for which the client requires no fully elaborated restaurants.

Submission of offers in the form of paper

§ 94. offers in paper form are to be submitted in a sealed envelope within the offer period.

Surcharge period

95. (1) the surcharge period starts upon the expiration of the offer. It includes the time period within which the acceptance of the bid is intended. The contract period is short. She must not exceed seven months, provided that in some cases compelling reasons already in the tender documents a longer period was not specified. No surcharge period is specified in the invitation to tender, it is two months.

(2) during the contract period, the bidder is bound to his offer. At the request of the customer, an offeror may extend the binding effect of his offer. Following a request from a bidder, whose offering is, for a contract award not taken into consideration, the principal may dismiss these binding on its offer.

(3) a candidate or tenderer initiated a procedure pursuant to § 18 para 1 before the expiry of the offer period, so the customer - has provided that it is an offer that comes for the award in consideration - upon a reasoned request of the entrepreneur the surcharge period one month to extend and the entrepreneur is a reasonable grace period for the provision of the administrative decision or to the provision of proof of , he acquired the knowledge missing according to the governmental decision to use. This does not apply to procedures referred to in §§ 25 para 1 Nos. 3, 4, 9 and 10, 31 para 1 Nos. 3 and 4, as well as for accelerated procedures in accordance with sections 53 to 55.

(4) the continuity of the additional period referred to in paragraph 1 is inhibited for the duration of a review procedure.

2. subsection

Special provisions for electronically transmitted services

General provisions for electronically transmitted services

96. (1) the submission of bids by electronic means in accordance with article 35, paragraph 3 or article 77, paragraph 1 is approved, so a bidder may submit an offer or not offer elements in paper form in addition to its electronically supplied service. This does not apply offer elements as evidence concerning the power professional reliability, financial, economic or technical performance, provided that these parts of the offer are not electronically available.

(2) If offers electronically delivered, the bidders have the documents, documents, certificates and declarations were required to demonstrate of the power of, the proof of professional reliability, demonstrating the financial and economic viability, and demonstrating the technical viability, provided that they are not sent in electronically signed form, to present no later than the expiry of the offer period in paper form.

Form encryption and qualified signature of the offer

§ 97. (1) the Tenderer has to create the offer or the offer elements within the offer period in one of the document formats specified by the contracting authority, to submit a communication path laid down by the contracting authority and to encrypt to one of the given procedures. Has the customer shall set any document formats, so the bidder has the offer or the offer bulk in a generally available, to create non-discriminatory and compatible with a qualified signature signieren document format. Has the client only with a qualified signature set signieren enabled document formats, the tenderers in the case of safe chaining the offer elements can create the excipients offer in non-discriminatory, generally available document formats. The bidder has this following a request by the contracting authority without delay all necessary resources to the processing of the document formats free to to provide.

(2) the tenderer to ensure that testing the completeness, authenticity and authenticity of the offer is possible after the delivery of the offer the customer in writing of the proposal.

(3) is created the offer in a single document, the bidder has to provide this document with a qualified electronic signature.

(4) the offer consists of several components of the offer, the bidder to ensure that the verifiability of the completeness, authenticity and authenticity of the offer with the quality of the qualified electronic signature is guaranteed. This can be done in particular by a secure chain of all offer elements referred to in article 98.

(5) the offeror following a request by the contracting authority immediately to verify the signature free of charge to provide the necessary information and methods to this.

6 ABS. 1 to 5 also applies to records filed separately by the offer, by means of which the bidder change his offer, supplemented or resigns from the same. With the delivery of a set of data that is submitted separately by the offer, the bidder that has to point out which procurement procedures and which offer refers to the separate record.

Safe chain offer components

98. (1) the offer comprises several offer components, so the bidder satisfies the requirement of a qualified electronic signature of the offer through the secure concatenation of all offer elements referred to in paragraph 2 to 4.

(2) the Tenderer has to create most offer in one of the document formats specified by the contracting authority and provided with the date and a qualified electronic signature.

(3) as a method for the formation of the hash of a file, the procedure to insert, which is used for the qualified electronic signature of offering bulk is safe concatenating. That offer elements that are presented in the form of paper, are to lead in the contents of the offer so that the customer can clearly identify what the offer part referring to or what he has.

(4) in the case of a secure chain of offer bulk with the other components of the offer, the bidder can create the other offer elements in document formats which can not be provided with a qualified electronic signature as such.

Authority to issue regulations

section 99. The Federal Government may adopt further provisions relating to the procedure for the electronic transmission of offers, tenders and offer custody and the standardized processing of procurement procedures electronically in the interest of securing free and fair competition, the legal protection of the bidder, in the interest of a uniform and legally-compliant approach to the award of contracts, as well as to ensure of a possible economic approach related to the handling of procurement procedures electronically through regulation.

8 section

The percentage method.

1 subsection

Reception and opening of bids

Opening of offers in the form of paper, receipt and custody

100. (1) has the authority to submit are the offers, enter all listings in the order of their arrival in a directory.

(2) information about the incoming offers, in particular the bidder or the number of the deals, may not be granted.

(3) the offers are to hold that they are inaccessible for unauthorized persons to the opening.

(4) the contractor may obtain only the content of tenders after the expiry of the offer period.

(5) a formal opening of tenders is not required. If the principal in the invitation to tender provides for a formal opening of tenders, he has to assess in particular the place and the time of opening. At a formal opening of tenders, tenderers are in principle entitled to participate in the opening. You may be excluded only for good reasons by the opening of tenders. To read the following information and be recorded in a transcript are at a formal opening of tenders:



1. name and place of business of the service provider;

2. the total price or the offer price with indication of the extent of any discounts and premiums as well as any total prices of part of, part offer price or variant offer price;

3. essential explanations of bidder;

4. other relevant with regard to supplement criteria other than price bidder information expressed in numbers; These are only to read when this was announced in the tender documents.

Reception and opening electronically submitted tenders

§ 101. (1) for electronically transmitted offers is the date of the receipt of the offer of a bidder by a time stamp to document and confirm the respective bidders immediately. The time of the timestamp is interactively readable interactive procurement process solutions. All listings must be entered in the order of their arrival in a directory.


(2) information about the incoming offers, in particular the bidder or the number of the deals, may not be granted.

(3) the customer has electronically submitted offers to ensure that he only can take note of the offer period of the content of the offers after and that no unauthorised decryption of offers can be made before the expiry of the offer period.

(4) a formal opening of tenders is not required. If the principal in the invitation to tender provides for a formal opening of tenders, he has to assess in particular the place and the time of opening. At a formal opening of tenders, tenderers are in principle entitled to participate in the opening. You may be excluded only for good reasons by the opening of tenders. To read the following information and be recorded in a transcript are at a formal opening of tenders:



1. name and place of business of the service provider;

2. the total price or the offer price with indication of the extent of any discounts and premiums as well as any total prices of part of, part offer price or variant offer price;

3. essential explanations of bidder;

4. other relevant with regard to supplement criteria other than price bidder information expressed in numbers; These are only to read when this was announced in the tender documents.

Storage of electronically submitted deals

§ 102. electronically transmitted offers are to save, so that



1. their authenticity, authenticity, and confidentiality ensured is, 2 until no unauthorized access can be made to the opening of tenders, and 3. each access is documented until the opening of the tenders.

2. subsection

Examination of tenders and termination of services

Examination of tenders

103. (1) is the inspection and assessment of an offer to transfer only such persons who meet the technical prerequisites for this. If necessary, are unbiased and independent of the bidders experts to consult.

(2) the examination of the offers according to the criteria laid down in the invitation to tender in technical and economic terms.

(3) in the case of offerings, which are eligible for an award considering, is to examine in detail



1. whether they have complied with the principles stated in article 17, paragraph 1;

2. in accordance with the § 59 the power, performance, and reliability of the tenderer or - sharing services - the designated subcontractor;

3. If the offer is mathematically correct;

4. the adequacy of rates;

5. If the offer other tender complies with the regulations, in particular whether it is complete and correct form.

Verifying that the prices - advanced range testing

104. (1) is the reasonableness of the prices on advertised or offered as an alternative performance, and taking into account all the circumstances under which she provide will be to check.

(2) when assessing the reasonableness of the prices is comparable experience, or present documents and the relevant market conditions.

(3) the principal intelligence about the positions of the offer must require and engrossed in accordance with paragraph 4 and 5 check if



1. offers have one unusually low total price in relation to the performance or well-founded doubts as to the appropriateness of prices are 2. after the examination referred to in paragraph 2.

(4) in the case of an in-depth examination of offer is to check whether the prices are economically erklär - and understandable.

(5) in the course of the in-depth examination of offer, the client of the tenderer must demand a binding written - when less significant ambiguity also verbal or telephone - reconnaissance. The inspection has to be carried out, taking into account the explanations received and the evidence submitted by the tenderer may. The customer shall in particular comments as regards the cost-effectiveness of selected manufacturing or construction process or the provision of services, the technical solutions chosen, exceptionally favourable conditions, possesses the bidder for the provision of the service to take into account the originality of the performance offered by the bidders, the labour and social provisions applicable at the place of the provision or the possible granting of State aid to the bidder in the review accordingly. The information obtained by the Tenderer shall must be in the minutes of the examination of the offers. In procurement procedures in the threshold area may be waived by the procedure referred to in this paragraph.

(6) the contracting authority in a tendering procedure determines upper threshold area, that an offer price in relation to the performance is unusually low, because of the particular bidder has received State aid, so he may leave only the offer for that reason alone, if the bidder cannot demonstrate when requested by the contracting authority within a reasonable time limit fixed by the contracting authority, that the relevant aid was granted legally. If a customer leaves an offer for this reason, he has this Commission means the Federal Minister of Economics, to announce family and youth.

Withdrawal of offer

105. (1) has to excrete the customer on the basis of the outcome of the test in following the upper sill offers before of the election of the offer for the contract award decision:



1. offers by bidders, to exclude from participation in the procurement procedure according to § 18 paragraph 5 or in accordance with article 57, paragraph 1 are;

2. offers by bidders, which power, financial, economic or technical performance or reliability is not given;

3. offers, which have a not plausible composition - established by an in-depth examination of the offer - of the total amount (eg speculative pricing);

4. late got bids;

5. offers contradictory the provisions of the tender, part -, alternative and amendment offers, if they were not allowed to, not equivalent alternative or amendment offers and alternative offers that do not meet the minimum requirements, as well as incorrect or incomplete offers, if their defects were not corrected or are unrecoverable;

6 offers from bidders who have made agreements adverse, contrary to morality or against the principle of the competition with other contractors for the principal;

7 offers from bidders, which the contracting authority at the time of the contract award decision and the sequence of the grace period set pursuant to article 95 paragraph 3 a) not necessary for the admissibility of the pursuit of an activity in Austria official decision, b) no evidence that according to which a decision under lit. a missing knowledge have been acquired, c) no evidence that one before the end of the offer period on obtaining a decision after lit. a designed procedure has been initiated or d) is a regulatory decision which excludes the admissibility of the pursuit of an activity in Austria,.

(2) before the election of the offer for the contract award decision, the principal can excrete offers from bidders who have failed, within the time limit provided them lacks the required clarifications to give or their investigation of a comprehensible justification. Also clarification on the admissibility of the exercise of the activity in Austria may be required from a bidder who is resident in the territory of a Member State of the EU or an other party of the EEA or Switzerland.

(3) the client has the bidder from the departure of his offer, stating the reason has been shown electronically or by fax to communicate.

3. subsection

The supplement

Choice of the offer for the contract

Section 106 (1) of the offers that remain after being eliminated, is the surcharge as indicated in the invitation to tender to grant the technically and economically most favourable offer or the offer with the lowest price.

(2) the reasons for the award decision have to be recorded in writing.

Notification of the contract award decision

§ 107. (1) the client has proven to inform bidders remaining in the contract award procedure, the surcharge is to be granted to which bidders. In this communication, the respective end of the standstill period in accordance with article 108, paragraph 1, the reasons for the rejection of their offer, the total price as well as the characteristics and advantages of the successful offer to announce, if not the disclosure of this information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition are the remaining bidders.

(2) a commitment to the communication of the award decision shall not, if



1. the aggregate single and the only bidder remaining in the contract award procedure to be granted, or 2. If due to in § 25 distance has been a notice of process conditions referred to Z 3, 4, 9, 10 or 13 or article 31, paragraph 1, or 3. a performance on the basis of a framework agreement shall be awarded.

Standstill period and contract award


§ 108. (1) the contracting authority may not award the contract to other absolute nullity within the standstill period. The standstill period begins with the dispatch of the communication of the award decision. She is in a transfer electronically or by fax 10 days at a corresponded way 15 delivery days. In conducting a tendering procedure in the threshold area reduces the standstill period to seven days.

(2) the contracting authority can inform the bidders remaining at the time of the procurement procedures in the procurement, which bidder was awarded the contract. In this communication, the reasons for the rejection of their offer, the total price as well as the characteristics and advantages of the successful offer to announce, if not the disclosure of this information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition are the remaining bidders.

Effectiveness of the bid

section 109. During the contract period, the contractual relationship at the time concluded, to which the bidder shall receive written communication by the acceptance of his offer. If the contract period is exceeded, the contractual relationship arises only with the written statement of the tenderer, that he accepts the order. To make of this Declaration, one is the bidder reasonable time to put.

Form of the conclusion of the contract

Section 110 (1) which supplement is granted by order confirmation. The contracting authority may require a signed confirmation by the contractor.

(2) if the contents of the contract arising apart from the offer also other documents containing supplementary agreements, all documents are in the order confirmation and, if an order confirmation was required to lead in this.

(3) the Federal Chancellor has provided this approach the assurance of free and fair competition, the legal protection of the bidder as well as in the interest of a uniform and legally-compliant manner of operation is required, in the interest through Regulation provisions on the conclusion of the contract by electronic means, in particular to ensure the authenticity and genuineness of the electronically transmitted data of qualified electronic signatures, as well as to ensure the confidentiality, to adopt.

9 section

Termination of the procurement procedure

Basic

111. (1) the award procedure ends with conclusion of the contract or cancel the procurement procedure.

(2) immediately after completion of the procedure are, except in the case of still not legally determined procurement control procedure, on the basis of a corresponding application for those bidders that the contract was not awarded, or in the case of the revocation all candidates or tenderers the to be back drafts, plans, drawings, samples and the like to return.

Documentation requirements

112. (1) clients have each awarded order to customize each concluded framework agreement or a notice of the cancellation of a procurement procedure a contract award notice on, consists of at least the following:



1 the name and address of the contracting authority, 2. subject and value of the contract or of the framework agreement, 3. the award procedure chosen, 4. the reasoning in accordance with sections 29 and 34 for the implementation of a negotiated procedure or a competitive dialogue, 5., where appropriate, justify the reasons, the beyond the seven years duration of the framework agreement, the name took into account 6 the applicant and the reasons for their selection , 7. the names of non-approved candidates and the reasons for their not approved to participate in, the name of the excluded candidates or tenderers and the reasons for their exclusion, as well as the names of the tenderers whose Angebote were eliminated, and the reasons for the dismissal, 8 the name of the successful tenderer and the reasons for the selection of his offer and, if known - the proportion of the contract or the amount of the framework agreement , the successful bidder to subcontractors to pass on intended or he to pass is required, 9, where appropriate, the reasons which the customer has refused the award of a contract or a framework agreement.

(2) in the case of procurement procedures in the area of the upper threshold is the contract award notice in accordance with paragraph 1 or its essential contents of the Commission's request to submit.

(3) in the case of procurement procedures in the threshold area the customer by creating an award notice or a notice of the cancellation of a tendering procedure in accordance with paragraph 1 may refrain, provided that the information referred to in paragraph 1 Z 1 to 9 without much effort from the procurement documentation are shown.

Archiving in procurement procedures conducted by electronic means

§ 113. The customer shall have at least four years from the termination of the procurement procedure to keep all relevant documents concerning the procedure of an electronic public procurement procedure or all relevant documentation about each allocation procedure submitted offers by electronic means. This concerns in particular documents about the access documentation in accordance with § 102 No. 3.

Reasons for the revocation of a procurement procedure

§ 114. The principal may revoke an allocation procedure if for objective reasons.

Announcing the revocation decision, standstill, ineffectiveness of withdrawal

§ 115. (1) the customer has proven all entrepreneurs participating in the procurement procedure and known to him to announce that he intends to revoke the award procedure. In this communication, the respective end of the standstill period in accordance with paragraph 3 or 4, as well as the reasons for the proposed revocation are the entrepreneurs to announce.

(2) a notice referred to in paragraph 1 not to all entrepreneurs is possible, which is to make withdrawal decision known as the tender in the same way.

(3) a commitment to the notification of the revocation decision is not, if no offer is received or left no bidder in the contract award procedure.

(4) the contracting authority may explain the withdrawal at other ineffectiveness during the standstill period. The standstill period begins in the case of paragraph 1 with the sending of the notification of the revocation decision, and in the case of paragraph 2 with the first-time availability of the publication of the revocation decision. When a submission electronically or by fax, as well as in a notice, the standstill period ten days at a corresponded way 15 delivery days. In the implementation of procurement procedures in the threshold area reduces the standstill period to seven days.

(5) before the expiration of the standstill period a new procedure on the subject of the same order must not be conveyed a, as far as is required for urgent compelling reasons. Offers already came to the revoked procedure must not be opened after the notice or the notice of the revocation decision.

(6) after expiration of the standstill period has the customer shall notify the withdrawal in the same way as the revocation decision or, where this is not possible, to make known in the Internet.

(7) in the threshold area, the customer can according to see the para 1 to 6 of the procedure and immediately and without waiting for a standstill period explain the withdrawal. The contracting authority has the operators remaining in the contract award procedure insofar as this is possible, to communicate immediately and demonstrably or to make known the notice of withdrawal on the Internet.

(8) with the Declaration of revocation, contracting authorities and bidders win back their freedom of action. Already got offers are to be returned on request. The timing of the Declaration of revocation is proven to document.

(9) by a contracting authority legally determined, that has significant contract deadline and contrary to the request of the tenderer to continuation of the process of the client a procedure for the award of an order through a notice of withdrawal or award ends still continued the proceedings in an appropriate manner, this is considered as a declaration of withdrawal within the meaning of this Federal Act.

4. main piece

Provisions for special orders and special procedures

1 section

Provisions on the award of sub contracts

General information and policies

Section 116 (1) if the contracting authority in accordance with section 74 commits the tenderer to forgive, shall apply to the awarding of contracts by successful bidders who are not contracting authority within the meaning of section 4, to a third party (allocation of sub contracts) only the provisions of this section and the regulations, referred to in this section all or certain sub contracts with third parties.

(2) successful bidders have the Union legal freedoms and principles, as well as the principle of transparency, to observe the prohibition of discrimination and the principle of the competition for the award of sub contracts.


(3) members of the consortia and work and with a bidder in the process to the entrepreneurs associated with awarding a contract related business, are not third parties within the meaning of paragraph 1 bidders have their offer to attach a complete list of those entrepreneurs, to which they are in a relationship in accordance with sentence 1. This list can be kept up-to-date.

Threshold values

§ 117. reaches or exceeds the estimated value of the contract



1. a sub contract relating to the delivery or services 387 000 euro or

2. a sub order relating to construction services 4 845 000 euro then the successful bidder has to publish a notice. The calculation of the estimated contract value of sub contracts shall be made in accordance with sections 11 to 15.

Provisions relating to notices

118. (1) notices of sub contracts have to contain the information referred to in annex VII, as well as all the others by the successful tenderer for deemed useful information. If necessary, the consent of the contracting authority to publish certain information must be obtained. Announcements about sub orders must be communicated by using the relevant standard form for notices of the Commission.

(2) notices about sub contracts are published in accordance with sections 42 to 44 and 47.

(3) a notice of the award of sub contracts is not required, if the requirements of section 25. Section 41 applies to voluntary notices.



Eligibility criteria for subcontractors



The successful bidder has section 119 (1) in the notice referred to in section 118 to specify the eligibility criteria established by the contracting authority, as well as all other criteria that it applies for the selection of subcontractors.

(2) the criteria referred to in paragraph 1 must be objective and non-discriminatory and are in accordance with those criteria, the contracting authority for the selection of the tenderer for the main job has applied.

(3) the performance by the sub contractors requested must be directly related to the subject of the Sub order. The level of required skills must be commensurate with the scope of the sub contract.

Special provisions for sub contracts based on a framework agreement

Section 120 (1) who can successful tenderers meet the requirements of section 74 also forgive sub orders on the basis of a framework agreement, which was concluded in accordance with the provisions of this section.

(2) sub contracts be awarded on the basis of a framework agreement concluded in accordance with paragraph 1 according to the made terms of the framework agreement. You may only be granted to those entrepreneurs, who were parties to the framework agreement from the outset. For the award of contracts, the parties in each case suggest conditions that correspond to those of the framework agreement.

(3) the term of a framework agreement in accordance with paragraph 1 may not exceed seven years, except in those cases where this is due to the expected life of the supplied goods, plants, or systems or the can be justified resulting technical difficulties through a change of operator. The reasons key for a longer term are to hold.

(4) the instrument of the framework agreement may be applied not improperly or in a manner by which competition is hindered, restricts or distorts.

Exemption from the requirements for the award of a sub request

§ 121. The successful tenderer may be, not required to place a sub order, if he can prove to the satisfaction of the contracting authority, that



1. None of the entrepreneurs who participate in the procedure for the award of a sub order or 2. None of the offers submitted in the procedures for the award of a sub order meets the criteria referred to in the notice of the award of the Sub order and therefore the successful bidder it would impossible to meet the requirements of the main contract.

Civil law provisions

Article 122. The provisions of this section shall be without prejudice to the civil law provisions on the compensation for damages.

2. section

Non-priority services procurement

Not priority service contracts

123. (1) only the provisions of this section, the part 1 with the exception of section 3 apply to non priority services contracts by client Z 16, §§ 4, 7 to 11, 14, 16, 17, 18 para 1 to 3 and 5, 19, 35 to 37, 40, 41, 43, 83, and 115 and the 3rd and 4th part of this Federal Act.

(2) not priority service contracts are awarded by contracting authorities in accordance with the Union's legal freedoms and principles, as well as the prohibition of discrimination. As far as this is deemed necessary on the basis of the value and the object of the order, not priority service contracts are basically in a procedure with several entrepreneurs, through which a reasonable degree of publicity is guaranteed and that complies with the principle of free and fair competition, to forgive. By a notice of proceedings, in particular distance can be taken if one of the conditions referred to in paragraphs 25 and 31.

(3) the procurement of non priority service contracts in a free-form process is permissible only up to an estimated order value of EUR 75 000 directly to a selected contractor (direct assignment).

(4) if there is a notice to ensure of a reasonable level of public notices in which in accordance with article 44, paragraph 1 for the scope of the execution are fixed publication medium to publish. Upper threshold area, awarded not priority service contracts in accordance with section 46 are to announce.

(5) any any outward appearance setting of the client applies as a separately appealable decision.

(6) the client has proven to inform the bidders remaining in the contract award procedure the surcharge which bidder is to be granted. In this communication, the respective end of the standstill period referred to in paragraph 7, the reasons for the rejection of their offer, the total price and the features and benefits of the successful offer to announce, if not the disclosure of this information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition are the remaining bidders. A commitment to the communication of the award decision shall not, if



1. the supplement the single and the only one in the contract award procedure remaining bidders should be granted, or 2. If on the basis of the § 25 Z distance has been included in 3, 4 and 13 conditions laid down by a notice of the proceedings.

(7) the contracting authority may not award the contract other absolute nullity within the standstill period. The standstill period begins with the dispatch of the communication of the award decision. She is in a transfer electronically or by fax 10 days at a corresponded way 15 delivery days. In conducting a tendering procedure in the threshold area reduces the standstill period to seven days.

(8) the client an award procedure may revoke if for objective reasons. The customer shall have the revocation decision as far as this is possible, to inform the companies remaining in the contract award procedure immediately and demonstrably or disseminate on the Internet. The principal may explain the withdrawal at other ineffectiveness during the standstill period. The standstill period begins with the sending of the notification of the revocation decision or with the first-time availability of the publication of the revocation decision. When a submission electronically or by fax, as well as in a notice, the standstill period ten days at a corresponded way 15 delivery days. In the implementation of procurement procedures in the threshold area reduces the standstill period to seven days. The rest article 115 paragraph 6 applies. In the threshold area the contracting authority may by the notification or publication of the revocation decision and immediately and without waiting for a standstill period explain the withdrawal. In this case, the customer shall have the operators remaining in the contract award procedure, insofar as this is possible, to communicate immediately and verifiably by the notice of withdrawal or to make it known on the Internet.

(9) the customer has over each awarded command of a contract award notice, showing the the main operations of the procurement procedure and for decisive reasons. In procurement procedures with an estimated contract value exceeds EUR 200 000, a contract award notice in accordance with § 112 is to customize.

3. section

Provisions relating to the implementation of electronic auctions

Basic

124. (1) If a restricted procedure with prior publication of notice, is carried out a negotiated procedure with prior publication of notice, or orders on the basis of a framework agreement should be awarded after a renewed call for competition in accordance with the procedure of § 130 4 Z 1, par. 5 and 6, can offer, the contract should be awarded, will be determined through an electronic auction.


(2) the contract through an electronic auction should be awarded, the publication in accordance with § publish 38 also in the Internet.

(3) the conduct of auctions is an auction rules to apply, which is part of the tender documents and to have at least the following contents has:



1. registration and identification requirements;

2. all relevant information used electronic device, with which the auction should be performed, the technical modalities and the characteristics of the connection;

3. components (price, other parts of the offer), the value of which is the subject of the auction;

4. the resulting from the specification of the subject of the order limits of the values to auktionierenden;

5. all information about the timing of the auction (in particular a, if necessary, to holding a minimum of tender offer levels);

6 date and modalities of the termination of the auction;

7 severance reasons (in particular, infringement of any set upper limits);

8 dates;

9 Internet address on which the currently lowest offer or in the awarding of the technically and economically most advantageous offer, the current ranking of the participants during the auction is posted.

10. information, which are the bidders submitted during or after implementation of the auction or provided, as well as the time or the phase of the auction, which this information if necessary; made them available electronic address under which this information will be announced.

(4) before the auction, the offers submitted in the preceding procedure on the basis of the announced award criterion or criteria a first assessment of the offer announced surcharge are subject to.

General provisions relating to the implementation of electronic auctions

All bidders that have made acceptable offers in the procedure preceding the auction in accordance with article 124, paragraph 1, are 125. (1) at the same time prompting electronically, to submit new prices and/or new values for the auktionierenden components in accordance with the specifications in the tender documents. The customer has to grant immediate, full and free electronic access to all documents relating to the auction all tenderers admitted to the auction from the date of dispatch of the invitation to participate in the auction. An electronic auction may begin not earlier than two working days after sending an invitation to participate in an auction.

(2) if the offer, which the contract should be awarded is to be determined by way of an electronic auction, is the result of the opening of tenders in any case to keep.

(3) the instrument of electronic auction may be applied not improperly or in a manner by which competition is hindered, restricts or distorts. In particular, the subject of the order described in the notice and in the call for tenders must not be changed.

(4) the contracting authority may terminate an electronic auction



1. to one in the invitation to take part in the auction time (indicates of the date and time), or 2nd or 3rd after the final stage of the auction, as laid down in the invitation to take part in the auction fixed if after receiving the last template within a certain, in the invitation to take part in the auction set period, no new offers that meet the minimum of supply level or exceed, are delivered, , or 4 if objective reasons justify the cancellation of the auction.

The customer can choose the method to the termination of the auction according to Z 1-3 or a combination of the methods provided for in no. 1 to 3. If a procedure in accordance with no. 3, if necessary, combined with a procedure in accordance with no. 2, so the principal sets the timetable for each phase of the auction in the invitation to take part in the auction.

(5) in the case of a procedure in accordance with paragraph 4, Z 3 can the principal, unless he has provided this in the invitation to take part in the auction, after each auction phase excrete the offers of those participants who have made no new offers or only offers, which didn't achieve the offer stages may set minimum or have exceeded. The customer shall have the participants, whose Angebote were eliminated immediately electronically to communicate.

(6) the contractor shall ensure that participants, whose Angebote excrete were, in accordance with paragraph 5 can no longer participate in the other auction.

(7) after an auction, the name of the successful tenderer and total prize under the in the auction rules to disclose specified Internet address is immediately. In the case of the implementation of other electronic auction are the unsuccessful bidders without delay, at the same time and has been proven electronically notify also the reasons for the rejection of their offer, if these reasons not due to the information to be transmitted in accordance with the auction rules or to be available are immediately apparent. The notification or communication is regarded as notification of the award decision in the sense of § 107. The time of the initial availability of this information in accordance with sentence 1 in the Internet or the date of dispatch of the notification pursuant to sentence 2 is considered date of dispatch within the meaning of § 108.

(8) the cancellation of an auction considered revocation within the meaning of § 114. section 115 shall apply mutatis mutandis with the proviso that



1. announcing the revocation decision the reasons decisive for cancellation are known to give the bidders at the Internet address set forth in the auction rules, and 2. as the date of dispatch of the revocation decision is the date of first availability information pursuant to no. 1 on the Internet.

(9) the identity of the bidder may be announced during the auction.

(10) the end of the auction and all the related data transfers must be documented completely by the customer.

Special provisions for the implementation of simple electronic auctions

Only offers concerning the price are section 126 (1) simple electronic auctions in accordance with § 26 ABS. 3 allowed.

(2) during the auction the currently lowest price under the Internet address given in the auction rules is the contracting authority immediately, in any case, to publish. If this was set in the auction rules, other information than the currently lowest price known are given such as the number of participants in the respective auction phase under the Internet address set forth in the auction rules.

(3) the surcharge is to grant the offer with the lowest price.

Special provisions for the implementation of other electronic auctions

§ 127. (1) in the implementation of other electronic auctions pursuant to § 26 para 4 is to connect the result of the first offer evaluation of the relevant tenderer the client of the call for participation in the auction in accordance with article 125, paragraph 1. In the invitation to take part in the auction, the customer has to specify those mathematical formula according to which the auto new rows according to the proposed new values (regarding price or any other offer parts) are made in the electronic auction. This formula also the weighting of all the notice in accordance with section 38 or in the tender documents attesting to supplement criteria for the determination of the technically and economically most favourable offer. The award criteria are fixed values advance to set in, giving award criteria in the way of establishing a margin within which the criterion is, is inadmissible, as well as the mere ranking of the importance of the award criteria. Have been admissible way submitted alternative offers, as a mathematical formula must be specified for each alternative offer separately.

(2) during the auction is any tenderer by the contracting authority immediately and constantly at least anonymised to announce the current positioning of his offer in relation to the other received offers of other bidders under the Internet address given to the auction rules known. If this was set in the auction rules, can other be posted information about the currently lowest price or the number of participants in the respective auction phase under the Internet address set forth in the auction rules.

(3) the surcharge is to provide technically and economically best offer, taking into account the last selected offers of the bidder most recently involved in the auction.

4 section

Provisions for the conclusion of framework agreements and the awarding of contracts on the basis of framework agreements

General information

§ 128. public contracts may be awarded on the basis of a framework agreement, provided that



1. the framework agreement after carrying out a restricted procedure with prior publication of notice or a negotiated procedure in accordance with sections 25 and 31 paragraph 1 without procurement procedures in accordance with the provisions of section 129 was completed and 2 at the award of the framework agreement-based public contract § 130 is observed.


Framework agreements

129. (1) the customer shall in the notice in accordance with section 38 or - if a negotiated procedure without prior publication of notice is carried out - in the invitation to tender to determine whether a framework agreement to be completed with a single or multiple companies. Should a framework agreement is to be concluded with several entrepreneurs, the customer shall have the number of entrepreneurs in the notice, or - to specify if a negotiated procedure without prior publication of notice - in the invitation to tender. There are also small and medium-sized companies to the proceedings for the establishment of a framework agreement to participate in possible.

(2) entrepreneurs who express an interest in a specific framework agreement on the basis of a notice the client compared to, the tender documents are immediately but at the latest within six days of receipt of the request, to send or to make appropriate understanding electronically available.

(3) the parties to the framework agreement be determined after conducting a restricted procedure with prior publication of notice or a negotiated procedure in accordance with sections 25 and 31 para 1. A framework agreement with a contractor is to conclude with that bidder has placed the offer best rated according to which or the published award criteria. A framework agreement with several entrepreneurs is to complete with those bidders that have kept the offers the top rated according to which or the published award criteria. Should a framework agreement is to be concluded with several entrepreneurs, so at least three parties must be involved, unless one has met the eligibility criteria sufficiently large number of entrepreneurs and one was submitted by allowed offers sufficiently large number. The determinants of the assessment of the bids have to be recorded in comprehensible form. The customer shall have the name of the contractor or the name of the contractor with which the framework agreement to be completed, has been proven to be communicated not considered bidders. In this communication are the reasons do not take into account as well as the characteristics and advantages of the successful offer and the successful deals to announce, if not the disclosure of this information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition. Communication with the contractor, the framework agreement will be completed, there is no obligation, when a negotiated procedure referred to in article 25, paragraph 1 Z 3 or 4 at the conclusion of the framework agreement.

(4) the contracting authority the framework agreement other absolute nullity may not complete during the standstill period. The standstill period begins with the dispatch of the communication with which entrepreneurs or with which entrepreneurs the framework agreement should be completed. She is in a transfer electronically or by fax 10 days at a corresponded way 15 delivery days. In conducting a tendering procedure in the threshold area reduces the standstill period to seven days. Paragraphs 41 para 2 and 47 apply for a voluntary disclosure or notice paragraph 5 accordingly.

(5) the instrument of the framework agreement may be applied not improperly or in a manner by which competition is hindered, restricts or distorts.

(6) the duration of a framework agreement may not exceed seven years, except in those cases where this is due to the expected life of the supplied goods, plants, or systems or the can be justified resulting technical difficulties through a change of operator. The reasons key for a longer term are to hold.

(7) for the revocation of a framework agreement, section 114 is to apply mutatis mutandis.

Award of contracts on the basis of framework agreements

The parties may make no substantive changes to the terms of the framework agreement section 130 (1) in the awarding of contracts based on a framework agreement.

(2) contracts should be awarded on the basis of a framework agreement concluded in accordance with article 129, are awarded in accordance with the procedures described in paragraph 3 to 6. These procedures are permitted only between the clients and that or those entrepreneurs, who were parties to the framework agreement from the outset.

(3) If a framework agreement is concluded with a single contractor pursuant to article 129, paragraph 3, of the supplement in terms of orders based on this framework agreement can



1. immediately issued the offer on the basis of the terms of the framework agreement set out according to the conditions laid down in the tender documents of the framework agreement, or 2. the contracting authority may require the contractor first in writing to his offer of a) on the basis of the original conditions of the framework agreement for the awarding of contracts or b) unless all the conditions for the award of contracts in the framework agreement itself , on the basis of predicted conditions of the framework agreement for the assignment of orders or c) grant on the basis of other, in the tender documents of the framework agreement to improve conditions, if necessary, to complete or to amend and then the contract according to the conditions laid down in the tender documents of the framework agreement.

(4) If a framework agreement is concluded with several entrepreneurs pursuant to article 129, paragraph 3, the surcharge for orders based on this framework agreement shall



1. immediately on the basis of the terms of the framework agreement without renewed call for competition, or 2nd after renewed call to the parties to the contest to give.

(5) if all the conditions for the award of contracts in the framework agreement are set itself, the renewed call to the parties to the contest in accordance with paragraph 4 may Z 2



1. on the basis of the original and now completed terms of the framework agreement for the allocation of orders, or 2. on the basis of other conditions referred to in the tender documents of the framework agreement be made.

(6) with a renewed call to the parties to the contest in accordance with paragraph the contracting authority can award either the contract to 4 No. 2 after conducting an electronic auction in accordance with the sections 124 to 127 or after performing the following procedure:



1. before granting each individual order, the principal consulted those parties of the framework agreement, which are in a position to provide the specifically requested to provide in writing.

2. the contracting authority shall determine a reasonable deadline for submitting new offers for each individual order. In fixing the period, the customer has to take into account in particular the complexity of the subject of the order and the time required for the submission of tenders and the other documents.

3. the offers are to be submitted in writing, and their content is to keep secret until the end of the offer period.

4. the contract is under the top rated offer to grant or the criterion laid down on the basis of the tender documents of the framework agreement or award criteria. The reasons for the award decision have to be recorded in writing. With regard to the notification of the award decision, the effectiveness of the bid and the form of the conclusion of the contract apply the sections 107 to 110.

(7) for the revocation of a procedure in accordance with paragraph 3 to 6, § 114 is to apply mutatis mutandis.

5. section

Provisions governing the competitive dialogue

General information

§ 131. (1) for the implementation of a competitive dialogue solely the provisions of this section, of part 1, sections 4 to 9, 17, 18 para 1 to 3, 23 paragraph 7, 28, 29, 35 to 51, 54 to 66, 3rd and 4th referenced part and the rules in this section apply.

(2) in the case of a procurement by way of a competitive dialogue has the surcharge on the technically and economically most advantageous tender must be.

Participants in the competitive dialogue

Section 132 (1) the customer has to formulate its needs and requirements in the notice of the competitive dialogue in accordance with section 38.

(2) the notice about it, anyway, has to contain the following information:



1. the envisaged minimum number and, where appropriate, the maximum number of participants;

2. the suitability and eligibility criteria;

3. the establishment, whether the dialogue in several phases will be handled and whether the number of solutions to be discussed in the individual phases is reduced

4. a further explanation of the needs and requirements of the contracting authority;

5. the award criteria;

6. whether premiums or payments to the participants in the dialogue should be made.

The information provided for in the Z 4-6 can be included it also in a description in accordance with paragraph 9.

(3) requests to participate can be made by mail or electronically.


(4) applicants who have made requests to participate on the basis of the notice in time and which are in accordance with the sections 57 to 66 as a competent, efficient and reliable, are to invite on paragraph 6 to 8 to participate in the competitive dialogue, taking into consideration.

(5) on the examination of the requests to participate a transcript is to write, in which all the circumstances essential to the assessment of requests to participate to hold. The applicant can inspect his participation request section of the transcript. In the design of the transcript carefully aims to take.

(6) the number of applicants to invite is set according to the performance, but must not be under three. The number has to ensure genuine competition. The objective and non-discriminatory selection criteria have the specific requirements of the forming the subject of the dialogue proposed to take into account.

(7) received more requests to participate than the number set by the contracting authority, by to invite applicants, the contracting authority under the appropriate candidates based on the selection criteria to select the best candidates. The determinants of the selection have to be recorded in comprehensible form. The principal has the applicant requested not to participate in the dialogue of this decision immediately, anyway, but a week after completion of the selection, notifying them of the reasons for not considering to communicate. The reasons of do not take into account are not known to give, unless the disclosure of such information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition.

(8) the number of entry applications from suitable candidates under the minimum number of participants established by the contracting authority of the client can now continue the procedure with appropriate candidates. The contracting authority may not invite applicants, who do not have the necessary qualifications or who made no application for participation, to participate in the dialogue.

(9) the customer has to ask the selected candidates simultaneously and in writing to participate in the competitive dialogue. The prompt are if the documents not in the Internet are provided, attach the description and any additional documents. It has to contain at least the following information:



1. the Internet address (URL), under which, the documents are, where appropriate, available on the Internet;

2. the address or electronic address, in which additional documents may be requested if necessary.

3. the amount that, if necessary, is payable for the additional documentation, and the terms for payment of the amount;

4. a note on the publication of the notice;

5. the weighting or, where appropriate, the order of importance of the award criteria, if they are contained in the notice or in the description.;

6. the date up to which applicants to submit their solution or their solutions have, with this date time; before the date of the start of the dialogue phase

7 address where the solution or the solution proposals to submit are;

8. the date and the place of the start of the dialogue phase, as well as the language used;

9. the name of the documents on which may still be provided for proof of aptitude.



Dialog phase



§ 133. (1) the customer is in dialogue with the participants with the aim to identify the solution or solutions, with or with which its needs and requirements can be met best. This dialogue, the customer can discuss all aspects of the job and if necessary, customize the description of his needs and requirements on the basis of the discussions with the participants. If the description of the needs and requirements of the client will be customized, this is to give all participants in the dialogue.

(2) the customer has to contain specific participants over other could be favoured by the each discriminatory transfer of information.

(3) in the course of this dialogue, the Contracting Authority discussed only the solution presented by this or that this presented solutions with each participant. Solutions other participants may be included only on the condition of paragraph 4 in the discussion.

(4) the contracting authority may distribute solutions, parts of solutions, or confidential information of a participant to the other participants only with his consent.

(5) if the principal of the possibility makes use to complete the procedure in several successive stages, he may reduce the number of solutions to be discussed on the basis of the award criteria specified in the notice or the description during the dialogue phase. The principal has the participants, the solution of which is not considered by this decision immediately, to communicate anyway, but a week after completion of the respective phase, notifying them of the reasons for not taking into account. The reasons of do not take into account are not known to give, unless the disclosure of such information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition.

(6) the contracting authority so long continues the dialogue until it has determined the solution or the solution that is best suited to fulfil his needs and requirements or are. Unless there is a sufficient number of solutions in accordance with the first sentence, so many solutions must be to complete of the dialogue phase, that genuine competition is guaranteed.

(7) the contractor has the completion of the dialogue phase and the broad lines of the selected solution or solutions to immediately announce all the participants in the dialogue.



Invitation to tender and award of the contract



§ 134. (1) the ordering party has to urge the or the participants, on the basis of the submitted by the entrant and running closer in the dialogue phase solution or solutions to his or her offer. In this call, the client has to complete the description, where appropriate, according to the results of the discussions and to adapt, if this does not lead to a change of the basic elements of the notice as well as the description, which could distort competition or have a discriminatory impact.

(2) an offer must contain all the elements necessary for the execution of the project.

(3) upon request of the customer the bidder can clarify its offer, refine, fine-tune and supplement, provided that this does not lead to a change of the basic elements of the offer or the description, which could distort competition or have a discriminatory impact.

(4) the customer shall in accordance with the provided for in the description and, where appropriate, in the course of the invitation to tender referred to in paragraph 1 to select the technically and economically most advantageous offer complete or customized award criteria. The §§ 107 and 108 shall apply for the supplement.

(5) at the request of the contracting authority, the tenderer whose offer as has been determined the technically and economically most advantageous, clarify certain aspects of his tender or confirm commitments contained therein, provided that this does not lead to change significant aspects of the offer or the description, which could distort competition or have a discriminatory impact can.

(6) for the revocation of a competitive dialogue, section 114 shall apply mutatis mutandis.

3 part

Legal protection against the Federal Procurement Office

General information

§ 135. The 4th part of the BVergG 2006 also applies to legal protection in accordance with this federal law. Part of the BVergG 2006 on the BVergG 2006 considered references in 4 references on this federal law or as references to the corresponding provisions of this Federal Act.

Additional organization-legal regulations

136. (1) has a member of the Federal Procurement Office to get up if classified information involved in proceedings before the federal public procurement office and the Member has not the required security level for the concerned classified information the performance of his duties to include and its representation.

(2) in the rules of procedure of the Federal Procurement Office in accordance with section 308 BVergG 2006 are provisions dealing with and to meet the protection of classified documents and information relating to the proceedings before the Federal Procurement Office. 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) for the preparation of decisions according to § 310 2006 BVergG the protection of classified information to ensure.


(4) the Federal Procurement Office has to ensure, that for the treatment of redress in accordance with this federal law an appropriate number of members is who has the prescribed or required security level for dealing with classified information. The Federal Procurement Office does not have the appropriate number of members in accordance with sentence 1, a security clearance or reliability check is in accordance with the sections 55 to 55 b making SPG or 23 and 24 MBG with regard to those members, who are responsible in accordance with the allocation for the implementation of redress in accordance with this federal law. These members have a safety or reliability statement pursuant to the § 55 b subsection 1 SPG or 24 to make par. 1 MBG. In accordance with the sections 55 b subsection 1 SPG or 24 para 1 MBG required consent of the persons concerned to the security clearance or reliability check is considered granted.

(5) in the case of the appointment of the members of the Federal Procurement Office to take that a sufficient number of persons whose security clearance and reliability testing was completed with positive results, is available is carefully.

(6) the Federal Procurement Office 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 oral proceedings according to section 316 in 2006 to exclude BVergG, insofar as this is necessary to safeguard the national security or the protection of classified information. Parties, parties or their representatives are to exclude BVergG 2006 extent of oral proceedings according to section 316 as classified information in proceedings before the federal public procurement office 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 parties, parties or their representatives by procedural order 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, non-affiliated 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 in proceedings before the Federal Procurement Office, classified information are concerned, an application under the sections 322, 328 and 332 shall contain 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.

(6) if in proceedings before the Federal Procurement Office, classified information are concerned, 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 Procurement Office 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 related proceedings before the Federal Procurement Office, no fees apply according to the fees Act.

4 part

Non control and civil provisions

Correction mechanism and procedure of the Republic of Austria with the Commission

138. (1) if the Commission in matters of public procurement in the context of this federal law urges the Republic of Austria to the opinion, or urges the Republic of Austria, to eliminate a supposed violation of the procurement rules contained in the law of the Union, is to proceed in accordance with the following paragraphs.

(2) the Federal Minister for European and International Affairs has to ensure the rapid forwarding of information in the traffic between the Republic of Austria on the one hand and the Commission on the other hand. The Commission in matters of para 1 letter are immediately forward of the Federal Minister for European and International Affairs to the Federal Chancellor. If it is contracting, which fall in the enforcement area of a country, is to inform the respective Provincial Government. Austrian opinions to the Commission are on the basis of the contracting authority and by any concerned entrepreneurs to be written documentation of the procurement procedure, where appropriate after consultation of the client or any participating entrepreneurs, prepared by the Federal Chancellor and to give in the way of the permanent representation of Austria to the European Union.

(3) where under the provisions of Union law reporting obligations incumbent on the Republic of Austria to the Commission, the affected client or the issuing authority or the affected contractor has no later than 15 days after receipt of the said request for the purpose of forwarding to the Commission the following documents the Chancellor to present:



1 full documentation concerning a criticized either procurement procedures and the alleged by the Commission in accordance with paragraph 1 or any illegality, any other relevant documents and 2) a proof that the illegality has been eliminated, or b) a detailed justification for why the illegality was not removed, or c) the notification that the contract award procedure, either at the instigation of the customer or in review proceedings has been exposed.

(4) in an explanatory statement pursuant to par. 3 No. 2 lit. b may in particular be asserted that the alleged illegality is already subject to a verification procedure. In this case, the client has to inform the Federal Chancellor immediately of the outcome of this procedure for the purpose of understanding the Commission.

(5) after a notification pursuant to paragraph 3 No. 2 lit. c has known the principal if necessary without delay the termination of the suspension or the opening of a new tendering procedure which relates wholly or partly to the previous procurement process, Chancellor for the purpose of understanding the Commission to give. Such renewed communication is either to confirm, that the alleged illegality has been fixed or a detailed rationale to give, why not remove the illegality.

Claims for damages and recourse against the beneficiary bidder

A candidates lost over or tenderers against the employer, attributable to the conduct of the organs is entitled to reimbursement of the costs of the supply position and the cost of participation in the procurement procedure, has § 139. (1) at sufficiently qualified violation of this Act or the regulations issued on the basis of this Federal Act by organs of the contracting authority or a forgiving place.

(2) no entitlement referred to in paragraph 1, if after contract award or declaration of withdrawal of a procurement procedure by the competent contracting authority has been established, that the candidates neglected over or tenderers in compliance with the provisions of this federal law and the previous judgment regulations had no real chance of acceptance of the bid, or if the injured party would have can mitigate the damage by applying for an interim injunction, as well as through a review petition.


(3) as an alternative to the claim referred to in paragraph 1 has the world over bidders on its offer the surcharge would have to be granted, when sufficiently qualified violation of this Act or the regulations issued on the basis of this Federal Act by organs of the contracting authority or a forgiving place against the employer, attributable to the conduct of the institutions which is entitled to reimbursement of meeting interest.

(4) no claim under paragraph 3 If after contract award or declaration of withdrawal of a procurement procedure by the competent contracting authority has been established, that the neglected over bidders in compliance with the provisions of this federal law and the previous judgment regulations had no real chance of acceptance of the bid, or if the injured party would have can mitigate the damage by applying for an interim injunction, as well as through a review petition.

(5) the customer shall be replacement can against the beneficiary bidders have recourse if the infringement represents a legal offence and are the beneficiaries or persons which it has uses to participate in the procurement procedure, within the meaning of § 12 have involved StGB. This person is liable jointly and severally, with the body of the bearing fault of the customer or the forgiving point as far as this after the service employees Liability Act, Federal Law Gazette No. 80/1965, is responsible.

The customer's right of withdrawal

section 140. The recipient offeror or any person he has used when participating in the contract award procedure, committed a legal offence, which was likely to affect the decision on the contract award, the contracting authority can explain his resignation from an order.

Relationship to other laws

section 141. In addition, in other legal provisions existing for damages, injunctive, Solidarhaftungen as well as rights of rescission and other design, you remain unaffected.

Jurisdiction and procedure

Section 142 (1) to decide on claims in accordance with the sections 139 and 140 the Court entrusted with the exercise of the general jurisdiction in civil cases is exclusive jurisdiction without regard to the dispute in the first instance, in whose jurisdiction the contracting authority is established. A such jurisdiction, is missing in the country, the Landesgericht für zivilrechtssachen Wien is responsible.

(2) a claim for compensation is permitted only if previously done a determination of the appropriate procurement authority, that



1 due to a breach of this Act or the regulations, issued or for a breach of directly applicable European Union law the surcharge not according to the specifications in the tender was granted the offer with the lowest price or the technically and economically most favourable offer, or 2. the option of direct award or a procurement procedure without prior publication of notice was not right, or 3. the Declaration of withdrawal of a tendering procedure for a breach of this Act or the regulations, issued or for a breach of directly applicable European Union law was void, or 4 a contract award, which took place, without preliminary of another contractor directly to an entrepreneur was manifestly inadmissible on the basis of the provisions of this Federal Act, or 5 the contracting authority after the significant contract deadline, and contrary to the request of the tenderer to continuation of the procedure has terminated the procedure through a notice of withdrawal or award still continued the proceedings in an appropriate manner.

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 the Federal Procurement Office to such a determination are bound.

(3) by way of derogation from paragraph 2, a claim for damages is allowed if the Declaration of withdrawal of a procurement procedure was allowed, but the contracting authority a sufficiently serious violation of other provisions of this Federal Act, the regulations, taken by or against directly applicable European Union law was caused by.

(4) the decision of the dispute by determining the unlawfulness of a decision of a contracting authority is subject to and the Court considers that the decision to be unlawful, it has to interrupt the procedure and to covet sec. 2 B-VG the finding of the illegality of the decision by the higher administrative Court of appeal in accordance with article 131. After receipt of the decision of the Administrative Court, the Court to continue the proceedings and to decide the dispute under binding on the legal opinion of the administrative court.

Effect of a repealed decision on the contract

section 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, as have 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.

6 part

Criminal, final and transitional provisions

Penal provisions

Who commits as contracting authority, whose organe not under article 20 B-VG are bound, or agency restructure affected as of a procedure within the scope of this federal law between the Republic of Austria and the Commission or affected entrepreneurs 2006 injured BVergG his notification, requests for information or template obligations in accordance with the articles 36, 37 or 138 or pursuant to § 313 para 1, § 144. (1) an administrative offence and is fined to punish up to EUR 50 000.

(2) administrative penalties are laid down in paragraph 1 by the district administrative authority, in the scope of a Federal Police Directorate by this, to impose.

Entry into force and transitional provisions

145. (1) this federal law with the first month of the second following the proclamation into force.

(2) para 1 article 44 applies until nine months after the date of entry into force referred to in paragraph 1 with the proviso that the Chancellor and the State Governments for the respective enforcement area each set a publication medium through regulation, in which the contracting authority may publish notices or have anyway to publish.

(3) the procurement procedures initiated in 2006 at the time of entry into force referred to in paragraph 1 are already under the provisions of the BVergG to finish according to the previous legal situation. Procedures pending at the time of the entry into force of the Federal Procurement Office are to continue by the Federal awarding agency according to the previous legal situation. With respect to the tendering procedures have been already completed at the time of entry into force of this federal law, aimed performing identification procedures according to the previous legal situation.

Adoption and entry into force of regulations

§ 146. ordinances and proclamations of the municipality due to this federal law, especially in its new versions cannot be already adopted, but in force from the date of the by-laws of the respective Federal Act on before this.

Applicability of the provisions of this Federal Act

§ 147. As far as other legislation of the federal provisions of the BVergG 2006 is referenced, the corresponding provisions of this Federal Act contact for procedures within the scope of this federal law in its place.

Enforcement

148. (1) as far as the matters governed by this federal law enforcement is not laender, is with the enforcement



1 of sections 16, 36 para of 3, 42, 44 para of 1, 47 § 2, 110 para 3 and 148 paragraph 2 and 3 of the Federal Chancellor, 2. § 138 para 2 fourth set of the Federal Chancellor and the Federal Minister for European and international affairs, 3. § 138 para 2 first and second set of Federal Minister for European and international affairs, 4 of § § 37 and 61 paragraph 4, first sentence, the Federal Minister for European and International Affairs and the Federal Minister for economic , Family and youth, 5 §§ 139 and 142 the Federal Minister of Justice, 6 of § 36 para 1, second sentence and 104 para 6 of the Federal Ministry of economy, family and youth, 7 of the remaining provisions of this Federal Act, 61 paragraph 4 only as far as the scope of a Federal Minister is concerned, this Federal Minister, and 8 moreover entrusted to the Federal Government.


(2) as far as international commitments of in Austria or the change of Union regulations require this or this is permissible on the basis of Union legislation, the Chancellor can determine by regulation that instead in annexes I to X 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 apply to the publication or other requirements for the equipment for the reception of electronically transmitted data sets. Insofar as this is necessary in the interest of a uniform and correct procedure for the award of contracts, the Chancellor may determine by regulation that other patterns to the notice are to use instead of annex VIII.

(3) if the reference in annex I part should be adjusted to B on the list of military equipment of the EU on a new version of this list of military goods, the Federal Chancellor has to make known the site of the new version of the list of military equipment of the EU in the Federal Law Gazette.

References, personal names

149. (1) where other federal legislation is referenced in this federal law provisions, is to understand this as a reference to the current version.

(2) all personal names used in this federal law apply equally to persons of both male and female sex.

Reference to legal acts of the Union

section 150. By this federal law, following legal acts of the European Union are implemented or taken into account:



1. directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works, supplies and service contracts in the fields of defence and security, and amending directives 2004/17/EC and 2004/18/EC, OJ No. L 216 of August 20, 2009, p. 76.

2. Regulation (EC) No 1177/2009 amending directives 2004/17/EC and 2004/18/EC and 2009/81/EC with regard to the thresholds for tendering, OJ No. L 314, Dec 1, 2009 p. 64.

3. implementing Regulation (EU) No. 842/2011 establishing standard forms for the publication of procurement notices in the field of public contracts and repealing Regulation (EC) No 1564/2005, OJ No. L 222 of August 27, 2011 p. 1.



Annex I

List of military equipment

PART A

Military list 1958

 



1. small arms fire, also automatically, such as rifles, carbines, revolvers, pistols, submachine guns and machine guns, with the exception of hunting weapons, small-calibre pistols and other small-calibre weapons with a calibre less than 7 mm.

2. bunker weapons, fog, gas and flamethrowers, like a) cannons, howitzers, mortars, guns, anti-tank weapons, rocket launchers, flamethrowers, recoilless cannons;

b) war devices such as fog and gas Launcher.

3. ammunition for the weapons referred to in Nos. 1 and 2.

4. bombs, torpedoes, missiles and remote controlled war machine: a) bombs, torpedoes, grenades, including smoke pots, smoke grenades, rockets, mines, remote control equipment, water bombs, incendiary bombs;

the designed b) apparatus and devices for military purposes, for the handling, to arm, defusing, the detonation and the evidence under lit. a listed devices.

5. fire management material for military purposes: a) trajectory test devices, infrared target devices and other night target material;

b) range finders, locators, altimeter;

(c) electronic, gyroscopic, optical and acoustic monitoring devices;

d) visor devices for bomb release and height setting works for cannons, periscopes for the equipment listed in this list.

6 armoured cars and vehicles designed specifically for military purposes: a) armoured car;

(b) military vehicles, armed or armored, including amphibious;

(c) armoured trains;

d) military vehicles (Halftrack);

e) military vehicles for the repair of armored car;

Trailer constructed f) particularly for transporting the ammunition listed in the Nos. 3 and 4.

7 toxic or radioactive agents: a) chemical or biological toxic substances and radioactive substances for the destruction of humans, animals or crops in the event of war.

b) military equipment for the dissemination, detection and identification of under lit. (a) listed substances;

(c) material to protect against that, lit. (a) listed substances.

8 powder, explosives and liquid or solid propellants: a) powder and liquid or solid propellants, especially for the equipment listed in the Nos. 3, 4 and 7 developed or manufactured;

b) explosives for military purposes;

c) incendiary and gelling agent for military purposes.

9 warships and their special equipment: a) warships of all kinds;

b) special equipment for the mine-laying, mine searching and demining;

(c) U boat nets.

10 aircraft and their equipment for military purposes.

11 electron material for military purposes.

12 cameras designed available for military purposes.

13 other equipment: a) parachutes and parachuting equipment.

(b) specially designed for military equipment for the crossing of watercourses;

(c) electronically controlled lights for military purposes.

14. other equipment and any other material: Parts and components of the material listed in this list, unless they have a military character.

15 machinery, equipment and tools developed exclusively for the development, production, testing and control of the weapons, ammunition and listed in this list and in military equipment.

 

 

PART B

Military goods listed in the military list of the EU

Military goods, which in the military list of the European Union, OJ No. C 86 of March 18, 2011, S. 1, listed are

 

 

Annex II

Directory of activities in accordance with § 5 No. 1

 





 





ACTIVITIES





CPV reference number







Department





Group





Class





Description





Comments





 





 







45





 





 





Construction





This Division comprises:

New construction, renovation and regular maintenance





45000000





 







 





45.1





 





Preparatory construction work





 





45100000





 







 





 





45.11





Demolition of buildings, earthmoving work





This class includes:



-Demolition of buildings and other structures - clean up construction sites - ground: excavation, Earth filling, levelling and levelling of building site, trenching, rock removal, blasting, etc.

-Development of deposits: - drive of mine workings, this class includes clearing of the capping mass and other off - device works also:



-Construction site drainage - drainage of agricultural or forestry land



45110000





 







 





 





45.12





Test drilling and boring





This class includes:



-Test, search and core drilling for structural, geo physical, geological or similar purposes.

This class does not include:



-Oil and natural gas drilling for funding purposes on a contract basis (s. 11.20)-Wells (s. 45.25)-shaft construction (s. 45.25)-exploration of oil and natural gas fields, geophysical, geological and seismic measurements (see 74.20)



45120000





 























 





















45.2





 





Civil engineering and construction





 





45200000





 







 





 





45.21





Building construction, bridge and tunnel construction, etc.





This class includes:

Construction of buildings of all kinds

Construction of bridges, tunnels, etc.:

Bridges (including for elevated highways), viaducts, tunnels and underpasses

Pipelines, communication and power lines, urban pipeline and cable networks including related works

Manufacture of prefabricated buildings of concrete at the construction site

This class does not include:

Provision of services in the oil and natural gas production (see 11.20)

Establishment of full precast buildings made parts, as far as not made of concrete (see divisions 20, 26 and 28)

Construction of sports grounds, stadiums, swimming pools, sports halls and other sports facilities (without building) (s. 45.23)

Construction installation (see 45.3)

Miscellaneous construction (see 45.4)

Activities by architectural and engineering firms (see 74.20)

Project management (see 74.20)





45210000





 







 





 





45.22





Roofing, waterproofing and carpentry / Carpenter





This class includes:

Construction of roofs

Roof covering


Sealing against water and moisture





45220000





 







 





 





45.23





Construction of road and railway track





This class includes:

Construction of motorways, roads and paths

Construction of railway transport

Construction of runways

Construction of sports grounds, stadiums, swimming pools, tennis courts and golf courses (excluding buildings)

Marking of roads and parking lots

This class does not include:

Preparatory ground (see 45.11)





45230000





 







 





 





45.24





Water construction / River, channel, port, power, locks - and dam construction





This class includes:

Construction of:

Ports (including marinas), River buildings, waterways, locks, etc.

Dams and dikes

Dredging

Underwater work





45240000





 







 





 





45.25





Special building and other civil engineering





This class includes:

Specific activities in the civil engineering and construction that require special expertise and equipment:

Manufacture of foundations including piles

Wells and shaft construction

Installation of procured steel elements

Eisenbiegerei

Bricks and paving work

Assembly and disassembly of scaffolds and mobile platforms including the rental

Chimney / flue-, combustion and industrial furnace construction

This class does not include:

Rental frameworks without using Assembly and disassembly (see 71.32)





45250000





 

















45.3





 





Building installation





 





45300000







 





 





45.31





Electrical installation





This class includes:

Installation by:

Electrical wiring and fittings

Communication systems

Electric heaters

Radio and television aerials (for residential buildings)

Fire alarm systems

Burglar alarm systems

Elevators and escalators

Lightning rods, etc.

in buildings and other structures





45310000

















 





45.32





Insulation against cold, heat, noise and vibration





This class includes:

Insulation against cold, heat, noise and vibration in buildings and other structures

This class does not include:

Sealing against water and moisture (see 45.22)





45320000







 





 





45.33





Plumbing / Installer, gas, water, sanitary, heating and ventilation installation





This class includes:

Installation or installation by:

Gas, water, and sanitary installation and execution of plumbing / plumbing work

Heating, ventilation, refrigeration and air conditioning systems

Ventilation ducts

Sprinkler systems

in buildings and other structures

This class does not include:

Installation of electric heaters (see 45.31)





45330000







 





 





45.34





Other construction installation





This class includes:

Installation of illumination and signalling systems for roads, railways, airports and ports

Installation of equipment and fixing elements a.n.g. in buildings and other structures





45340000







 





45.4





 





Other construction





 





45400000







 





 





45.41





Plasterer trade, plastering and plastering





This class includes:

Stucco, plaster and plaster works inside and out including latte formwork related in and on buildings and other structures





45410000







 





 





45.42





Joinery





This class includes:

Installation of sourced doors, gates, Windows, framework and frames, fitted kitchens, staircases, shop fittings and others made of wood or other material

Installation of ceiling, wall panelling, portable partitions etc. lining work

This class does not include:

Laying of parquet and other wooden floors (s. 45.43)





45420000







 





 





45.43





Flooring, tile and wall covering / decorators, Interior





This class includes:

Tapetenkleberei/decorators

Route from:

Wall and floor tiles or slabs of stone, concrete or ceramic

Parquet and other wooden floors

Carpet and linoleum floors and floor coverings made of rubber or synthetic material

Terrazzo, marble, granite or slate floors and wall coverings made from these materials





45430000







 





 





45.44





Painter and Glazier industry/painter and house painter, Glaser





This class includes:

Interior and exterior painting of buildings

Painting by Hoch - und Tiefbauten

Execution of glass work, including installation of glass panels, mirrors, etc.

This class does not include:

Window installation (see 45.42)





45440000







 





 





45.45





Construction a.n.g.





This class includes:

Installation of swimming pools

Facade cleaning

Other building completion and finishing work a.n.g.

This class does not include:

Interior cleaning of buildings and other structures (see 74.70)





45450000







 





45.5





 





Rental of construction machinery and equipment with operator





 





45500000







 





 





45.50





Rental of construction machinery and equipment with operator





This class does not include:

Rental of construction machinery and equipment without operator (see 71.32)





 



























 

Annex III

Priority services



Category





Title





CPV reference no.







 1





Maintenance and repair





50000000-5, 50100000-6-50884000-5 (except for 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 50229000-6, 50243000-0) and 51000000-9 to 51900000-1







 2





Military aid to foreign countries





75211300-1







 3





Defence, military and civil defense





75220000-4, 75221000-1, 75222000-8







 4





Detective agencies as well as surveillance and security services





79700000-1-79720000-7







 5





Land transport





60000000-8, 60100000-9 to 60183000-4 (except 60160000-7, 60161000-4) and 64120000-3 to 64121200-2







 6





Cargo and passenger air services, except transport of mail





60400000-2, 60410000-5 to 60424120-3 (except 60411000-2, 60421000-5), 60440000-4-604450000-9 and 60500000-3







 7





Transport of mail by land and by air





60160000-7, 60161000-4, 60411000-2, 60421000-5







 8





Railways





60200000-0-60220000-6







 9





Shipping





60600000-4 63727000-1 to 63727200-3 and 60653000-0







10





Supporting and auxiliary of transport services





63100000-0-63111000-0, 63120000-6-63121100-4, 63122000-0, 63512000-1 and 63520000-0-6370000-6







11





Telecommunications





64200000-8 to 64228200-2, 72318000-7 and 72700000-7-72720000-3







12





Financial services

Insurance services;





66500000-5-66720000-3







13





Data processing and related activities





50310000-1 to 50324200-4, 72000000-5-72920000-5 (except 72318000-7 and 72700000-7-772720000-3), 79342410-4, 9342410-4







14





Research and development services 1, evaluation tests





73000000-2-73436000-7







15





Accounting, maintenance and testing





79210000-9 to 79212500-8







16





2 management consultancy and related activities





73200000-4 to 73220000-0, 79400000-8 to 79421200-3 and 79342000-3, 79342100-4, 79342300-6, 79342320-2, 79342321-9, 79910000-6, 79991000-7 and 98362000-8







17






Architecture, technical advice and planning; integrated technical services; Urban and landscape planning; related scientific and technical consulting; technical testing and analysis





71000000-8 to 71900000-7 (except 71550000-8) and 79994000-8







18





Building-cleaning services and property management services





70300000-4 to 70340000-6, and 90900000-6 to 90924000-0







19





Waste and sewage disposal; sanitation and similar services





90400000-1-90743200-9 (except 90712200-3), 90910000-9 to 90920000-2 and 50190000-3, 50229000-6, 50243000-0







20





Education, training and simulation services in the fields of defence and security





80330000-6, 80600000-0, 80610000-3, 80620000-6, 80630000-9, 80640000-2, 80650000-5, 80660000-8





Annex IV

Non-priority services



Category





Title





CPV reference no.







21





Hotel and restaurant services





55100000-1 to 55524000-9, and 98340000-8 to 98341100-6







22





Auxiliary and auxiliary transport





63000000-9 to 63734000-3 (except 63711200-8, 63712700-0, 63712710-3), 63727000-1 to 63727200-3 and 98361000-1







23





Legal advice





79100000-5-79140000-7







24





Labour and Arbeitskräftevermittlung1)





79600000-0 79635000-4 (except 79611000-0, 79632000-3, 79633000-0), and 98500000-8 to 98514000-9







25





Health, veterinary and social





79611000-0 and 85000000-9 to 85323000-9 (except 85321000-5 and 85322000-2)







26





Other services





 





 __________________

 

(1) with the exception of employment contracts.

Annex V

(List of relevant professional and trade registers or certificates and affidavits in accordance with §§ 60 Z 1 and 61 para 2 subpara 1 *)

A. for works contracts:



-for Belgium the ' Registre you Commerce "-"Handelsregister";

-for Bulgaria that "Търговски регистър";

-for Denmark, the "Erhvervs-og Selskabsstyrelsen";

-for Germany, the "Handelsregister" and the "Handwerksrolle";

-for Greece that "Μητρώο Εργοληπτικών Επιχειρήσεων" - MEEΠ of the Ministry of environment, spatial planning and public works (ΥΠΕΧΩΔΕ) / "Mitróo Ergoliptikón Epichiríseon" - M.E.E.P of the Ministry for the environment, spatial planning and public works (YPECHODE);

-for Spain, the "Registro oficial de empresas Clasificadas del Ministerio de Hacienda";

-for France the "Registre you commerci et des sociétés" and "Répertoire of des Métiers";

-in the case of Ireland the contractor may be asked, a certificate of the "Registrar of companies" or "Registrar of Friendly Societies" or about the affidavit given by him to present that he exerts the profession in question in the country in which he is established, in a specific place and under a given company name;

-for Italy the "Registro della Camera di commercio, industria, agricoltura e dall'artigianato";

-for Luxembourg the "Registre aux firmes" and the "Rôle de la Chambre des Métiers";

-for the Netherlands, the "Handelsregister";

-for Austria the "company Guide", the "business register", the "Member directories of Chambers of the country";

-for Portugal the register the "Instituto dos Mercados de Obras Públicas e Particulares e do Imobiliário" (IMOPPI);

-for Romania the "Registrul Comerţului";

-for Finland, the "Kaupparekisteri" - "Handelsregistret";

-for Sweden that "aktiebolags -, trade - eller föreningsregistren";

-in the case of the United Kingdom the contractor may be asked, a certificate of the "Registrar of companies" or about the affidavit given by him to present that he exerts the profession in question in the country in which he is established, in a specific place and under a given company name;

-for the Czech Republic the "Obchodní rejstřík";

-for Estonia "Registrite of Yes Infosüsteemide Keskus";

-in the case of Cyprus, the entrepreneur is prompted to submit a certificate of the Council for the registration and inspection of civil engineering and building contractor in accordance with the law on the registration and examination of civil engineering and the building contractor (Συμβούλιο Εγγραφής και Ελέγχου Εργοληπτών Οικοδομικών και Τεχνιών Έργων);

-for Latvia the "uzņēmumu reģistrs" (business register);

-for Lithuania the "Juridinių asmenų registras";

-for Hungary the "Cégnyilvántartás" or the "Egyéni vállalkozók jegyzői nyilvántartása";

-for Malta a bidder (or supplier) has its "numru ta' reġistrazzjoni actual provider Tal Valur Miżjud (VAT) u n-numru Valley liċenzja ta' kummerċ" and, if he has a business partner or is a company, to specify the relevant registration number that has been issued by the Malta Financial Services Authority

-for Poland the "Krajowy Rejestr Sądowy" (national court register);

-for Slovenia the "stages register" and the "obrtni register";

-for Slovakia the "Obchodný registry";

-for Iceland "Firmaskrá";

-for Liechtenstein the "business register";

-for Norway the "Foretaksregisteret".

_________________

 



) The registers referred to in this annex are considered "Register" as well as for the case that level changes on national occur, the registers occurring on their map.



(B).              For supply contracts:



-for Belgium the 'Registre du commerce' - "Handelsregister";

-for Bulgaria that "Търговски регистър";

-for Denmark, the "Erhvervs-og Selskabsstyrelsen";

-for Germany, the "Handelsregister" and the "Handwerksrolle";

-for Greece that "Βιοτεχνικό home Βιομηχανικό home Εμπορικό Επιμελητήριο' / ' Viotechnikó í Viomichanikó í Emporikó Epimelitírio ';

-for Spain, the "Registro Mercantil" or, in the case of non-registered individuals to exercise a certificate that they have affidavit explains the profession in question;

-for France the "Registre you commerce et des sociétés" and "Répertoire of des Métiers";

-in the case of Ireland the entrepreneur can be prompted, to submit a certificate of the "Registrar of companies" or "Registrar of Friendly Societies", that the supplier is "incorporated" or "registered", or otherwise stating, attesting to the affidavit given by the person concerned, that he exerts the profession in question in the country in which he is established, in a specific place and under a given company;

-for Italy the "Registro della Camera di commercio, industria, agricoltura e dall'artigianato" and the "Registro delle Commissioni provinciali per l ' artigianato";

-for Luxembourg the "Registre aux firmes" and the "Rôle de la Chambre des Métiers";

-for the Netherlands, the "Handelsregister";

-for Austria the "company Guide", the "business register", the "Member directories of Chambers of the country";

-for Portugal, the "Registro Nacional of the pessoas Colectivas";

-for Romania the "Registrul Comerţului";

-for Finland, the "Kaupparekisteri" - "Handelsregistret";

-for Sweden that "aktiebolags -, trade - eller föreningsregistren";

-in the case of the United Kingdom of the entrepreneur can be prompted, to submit a certificate of the "Registrar of companies", that the supplier is "incorporated" or "registered", or otherwise stating, attesting to the affidavit given by the person concerned, that he exerts the profession in question in the country in which he is established, in a specific place and under a given company;

-for Iceland "Firmaskrá";

-for Liechtenstein the "business register";

-for Norway the "Foretaksregisteret";

-for the Czech Republic the "Obchodní rejstřík";

-for Estonia "Registrite of Yes Infosüsteemide Keskus";

-in the case of Cyprus, the entrepreneur can be prompted to submit a certificate of the business register and treuhändischen Manager (Έφορος Εταιρειών και Επίσημος Παραλήπτης), through which he as corporative organized or registered companies is shown, or if this not certified can be, to submit a certificate of the affidavit given by him, he he is established the profession in question in the country in which , performs in a specific place and under a given company name;

-for Latvia the "uzņēmumu reģistrs" (business register);

-for Lithuania the "Juridinių asmenų registras";



for Hungary the "Cégnyilvántartás" that "Egyéni vállalkozók jegyzői nyilvántartása" or in the case of non-registered individuals is an attestation that this person is entitled, the particular business or the profession in question to exercise;

-for Malta a bidder (or supplier) has its "numru ta' reġistrazzjoni actual provider Tal Valur Miżjud (VAT) u n-numru Valley liċenzja ta' kummerċ" and, if he has a business partner or is a company, to specify the relevant registration number that has been issued by the Malta Financial Services Authority

-for Poland the "Krajowy Rejestr Sądowy";

-for Slovenia the "stages register" and "obrtni register";

-for Slovakia the "Obchodný registry".

C. for service contracts:



-for Belgium the 'Registre du commerce' - "Handelsregister" and the "Ordres professionels" - "Beroepsorden";

-for Bulgaria that "Търговски регистър";

-for Denmark the "comes og Selskabsstyrelsen";

-for Germany, the "Handelsregister", the "Handwerksrolle", the "Vereinsregister", the "partnership registry" and the "Member directories of Chambers of the countries";

-for Greece, a sworn statement given before the notary on the exercise of the relevant profession may be required by the service provider; in the cases provided for by existing national legislation for the implementation of the study contracts referred to in annex III the professional register "Μητρώο Μελετητών" and the "Μητρώο Γραφείων Μελετών" / "Mitróo Meletitón" and the "Mitróo Grafeíon Meletón";

-for Spain the "Registro Oficial de empresas Clasificadas del Ministerio de Hacienda";

-for France, the "Registre du commerce" and the "Répertoire of des Métiers";

-in the case of Ireland the contractor may be asked, a certificate of the "Registrar of companies" or "Registrar of Friendly Societies" or about the affidavit given by the person concerned to present that he exerts the profession in question in the country in which he is established, in a specific place and under a given company;

-for Italy the "Registro della Camera di commercio, industria, agricoltura e dall'artigianato", the "Registro delle Commissioni provinciali per artigianato l '" or the "Consiglio nazionale degli ordini professionali";

-for Luxembourg the "Registre aux firmes" and the "Rôle de la Chambre des Métiers";

-for the Netherlands, the "Handelsregister";

-for Austria the "company Guide", the "business register", the "Member directories of Chambers of the country";

-for Portugal the "Registro nacional that pessoas Colectivas";

-for Romania the "Registrul Comerţului";

-for Finland, the "Kaupparekisteri" - "Handelsregistret";

-for Sweden that "aktiebolags -, trade - eller föreningsregistren";

-in the case of the United Kingdom the contractor may be asked, a certificate of the "Registrar of companies" or about the affidavit given by the person concerned to present that he exerts the profession in question in the country in which he is established, in a specific place and under a given company;

-for Iceland the "Firmaskrá" and "Hlutafélagaskrá";

-for Liechtenstein the "business register";

-for Norway the "Foretaksregisteret";

-for the Czech Republic the "Obchodní rejstřík";

-for Estonia "Registrite of Yes Infosüsteemide Keskus";

-in the case of Cyprus, the entrepreneur can be prompted to submit a certificate of the business register and treuhändischen Manager (Έφορος Εταιρειών και Επίσημος Παραλήπτης), through which he as corporative organized or registered companies is shown, or if this not certified can be, to submit a certificate of the affidavit given by him, he he is established the profession in question in the country in which , performs in a specific place and under a given company name;

-for Latvia the "uzņēmumu reģistrs" (business register);

-for Lithuania the "Juridinių asmenų registras";

-for Hungary the "Cégnyilvántartás", the "Egyéni vállalkozók jegyzői nyilvántartása", to pursue a certificate, that person is entitled, the particular business or the profession in question certain "szakmai kamarák nyilvántartása" or in the case of certain activities;

-for Malta a bidder (or supplier) has its "numru ta' reġistrazzjoni actual provider Tal Valur Miżjud (VAT) u n-numru Valley liċenzja ta' kummerċ" and, if he has a business partner or is a company, to specify the relevant registration number that has been issued by the Malta Financial Services Authority

-for Poland the "Krajowy Rejestr Sądowy" (national court register);

-for Slovenia the "stages register" and "obrtni register";

-for Slovakia the "Obchodný registry".

Annex VI

Information that must be included in the upper sill in notices in accordance with the sections 38, 45, 46, 53 and 112

 

ANNOUNCEMENT OF THE PUBLICATION OF A PRIOR INFORMATION NOTICE ON A BE ARTISTS PROFILE



1. land of the principal 2. name of the customer 3. Internet address (URL) of the "Beschafferprofils" 4. reference number of the CPV publication of a prior information notice



1. name, address, fax number, E-Mail address of the customer and when deviating, additional information can be obtained where the, as well as - in services and construction works - the places, E.g. the corresponding website, where information about the applicable at the place of the provision general regulatory framework for taxes, environmental protection, occupational safety and health and working conditions are available.

2. where appropriate, indicate that it's a procedure, is reserved for the sheltered workshops or integrative enterprises or of order-execution only in the context of programmes for protected forms of employment may be.

3. works contracts: nature and scope of work, as well as place of performance; in the event that divided the building into several lots, the main characteristics of each lot shall be indicated; If available is an estimate of the cost range for the projected work to specify; Reference numbers of the CPV.

Public supply contracts: Nature and quantity or value of the goods to be delivered; Reference numbers of the CPV.

Service contracts: Total value of each procurement according to the categories of annex III; reference numbers of the CPV.

4. estimated date for the start of the procedure for the award of the order or the orders for services contracts by category split.

5. where appropriate, indicate, whether it is a framework agreement.

6. If necessary, other information.

7. date of dispatch of the notice or of dispatch of the notice is advertised in the publication this publication of a prior information notice on the buyer profile.

 

ANNOUNCEMENTS

Restricted procedures and negotiated procedures with prior publication of notice, competitive dialogue:

 



1. name, address, telephone and fax number, E-Mail address of the contracting authority.

2. where appropriate, indicate that it's a procedure, is reserved for the sheltered workshops or integrative enterprises or of order-execution only in the context of programmes for protected forms of employment may be.

3. a) selected procurement procedures;

(b) where applicable, justification for an accelerated procedure (for restricted and negotiated procedures);

(c) where appropriate, indicate whether it is a framework agreement.

(d) where appropriate, indication that an electronic auction will be carried out.

4. type of order.

5. place of execution or execution of works, the supply of goods or the provision of services.

6. a) works contracts:-nature and scope of construction services, General characteristics of the building. In particular note on options for additional construction services and, if known, the provisional timetable for recourse to these options as well as, where appropriate, on the number of renewals. If the building or the job in several lots is divided, magnitude of individual lots; Reference numbers in the nomenclature.

-Information about the purpose of the building or of the order if it includes also the creation of designs.

-In framework agreements of also specifying of the beneficiary of the framework agreement, the total value of construction services budgeted for the entire duration of the framework agreement and - when possible - of the value and the frequency of the contracts to be awarded.

(b) public supply contracts:-nature of the goods to be delivered, in particular indicating whether the offers are invited in the terms of purchase, leasing, rental, hire purchase or a combination of these. In this case, the reference number of the nomenclature is to specify. Quantity of the goods to be delivered, in particular note on options for additional orders and, if known, the provisional timetable for recourse to these options as well as, where appropriate, on the number of renewals; Reference numbers in the nomenclature.


-When recurring or standing orders expected timetable, if known, for subsequent calls for tender for the planned deliveries.

-In framework agreements of also specify of the intended duration of the agreement, of the total value of deliveries for the entire duration of the framework agreement and - when possible - of the value and the frequency of the contracts to be awarded.

(c) service contracts:-category of service and description. Reference numbers in the nomenclature. Scope of services. In particular note on options for additional orders and, if known, the provisional timetable for recourse to these options as well as, where appropriate, on the number of renewals. Recurring or standing orders expected timetable, if known, for subsequent calls for tender for the planned deliveries.

-In framework agreements of also specify of the intended duration of the agreement, of the total value of the services for the entire duration of the framework agreement and - when possible - of the value and the frequency of the contracts to be awarded.

-Indication, whether the performance by laws, regulations and administrative provisions reserved to a particular profession is.

-Note on the corresponding laws, regulations and administrative provisions.

-Indication, whether legal entities must indicate the names and professional qualifications of persons, who should be responsible for the execution of the relevant service.

7. If the order in several lots is divided, indication, whether there is the possibility of to submit offers for one, several or all lots.

8 permissibility or prohibition of alternatives.

9. where appropriate, indicate of the percentage of the total value of the order, which must be awarded through a call for tenders to subcontractors.

10 if applicable eligibility criteria regarding the personal situation of the entrepreneur, which can lead to his exclusion, and required information as proof that he does not fall under the cases, justify an exclusion. Eligibility criteria and information on the personal situation of economic operators, as well as information and formalities which are required to assess the question of whether this meets the economic and technical minimum requirements. Any Mindestanforderung(en).

11 point to which should stop the construction works/supplies/services or duration of the construction / delivery / service contract. If possible, time to start the construction work or for which the deliveries start or arrive or the services to be executed.

12. where appropriate, particular conditions relating to the execution of the order.

13 a.) (Time limit for the receipt of requests to participate, b) address to which the offers to be, c) language (s), in the (s) the offers need to be drawn up.

14. If necessary, required deposits and guarantees required.

15 essential financing and payment and/or references to the relevant regulations.

16. If necessary, legal form, which must have the Group of economic operators to whom the contract is awarded.

17 eligibility criteria regarding the personal situation of economic operators that may lead to his exclusion, and required information as proof that he does not fall under the facts, which justify an exclusion. Eligibility criteria, information and formalities which are required for the assessment of the question whether the economic operator meets the economic and technical minimum requirements. Any Mindestanforderung(en).

18 in the case of framework agreements: proposed number and, where appropriate, the maximum number of entrepreneurs who want to be party to the framework agreement, duration of the agreement.

19 for the competitive dialogue and negotiated procedures with prior publication of a contract notice, where appropriate, specify the procedure in successive stages will be conducted, to the number of solutions to be discussed or negotiated offers step by step to reduce.

20. for restricted procedures, negotiated procedures and the competitive dialogue, if use is made of the possibility, the number of applicants who are invited to submit of an offer to the dialogue or negotiations, reduce: minimum and, if necessary, and maximum number of candidates and objective criteria for the selection of the number of applicants.

21. the award criteria of "lowest price" or "lowest technically and economically offer". The criteria for the technical and economic advantageous tender as well as their weighting or the criteria in descending order according to their importance must be named if they are included in the tender documentation or in the case of the competitive dialogue in the description.

22. where appropriate, date of publication of the prior information notice in accordance with the technical specifications of annex IX or reference to its non-publication.

23. date of dispatch of the notice.

 

CONTRACT AWARD NOTICE



1. name and address of the contracting authority.

2. selected procurement procedures. In the case of negotiated procedure without prior publication of notice, justification.

3. works contracts: nature and extent of the services provided.

Public supply contracts: Nature and quantity of the delivered goods, if necessary after a contractor; Reference number of the CPV.

Service contracts: Category of service and description. Reference number of the CPV. Scope of services.

4. date of award of the contract.

5. award criteria.

6. number of tenders received.

7. name and address of (the) Auftragnehmer(s).

8 paid price or price range (minimum/maximum).

9 value of (the) selected offer (offers) or highest and lowest offer, which was included in the award.

10. If necessary, part of the job of that are must be subcontracted to third parties, as well as its value.

11. If necessary, the reasons which justify an over seven years and beyond duration of a framework agreement.

12. date of publication of the notice pursuant to the requirements of annex IX.

12. date of dispatch of the notice of award.

 

Annex VII

Information that must be included in announcements about sub orders (according to § 118)

 



1. name, address, fax number and E-Mail address of the successful tenderer and, if different, additional information can be requested to the point of.

2. a) the place of the execution or implementation of construction services, the supply of goods or the provision of services;

b) type, quantity and scope of construction services, General characteristics of the building; This information has to be carried out; referring to the codes of the CPV

(c) nature of the goods to be delivered, with indication of whether the offers are invited in the terms of purchase, leasing, rental, hire purchase or a combination of these; This information has to be carried out; referring to the codes of the CPV

d) category and description of the service; This information has to be made by reference to the codes of the CPV.

3. any time limit for the execution.

4. name and address of the place in which the contract documents and supporting documents can be requested.

5. a) time limit for the receipt of requests to participate and / or receipt of offers;

b) address to which the offers are to send;

(c) language (s), in the (s) they must be drawn up.

6. If necessary, required security or guarantees.

7 objective criteria used for the selection of subcontractors and which relate to their personal situation or the valuation of the offer.

8. other information.

9. date and dispatch of the notice.

 

 

Annex VIII

Pattern for the publication of procurement procedures in the threshold area

 

A. the notice has to contain (mandatory information):



1. identification of the client.

2. category (building performance, delivery, service), and objective of performance with detailed specification of the nature and extent of performance (any part) as well as the place of performance and performance period; Circumstances that require a special aptitude.

3. Note on the possible need for a regulatory decision for the admissibility of the pursuit of an activity in Austria, as well as on the commitment in accordance with article 18, paragraph 1.

4. when in accordance with the sections 30 and 33, where appropriate, information on the procedure and note, where and when more detailed information about the power to restructure viewed or can be procured.

 

(B).              In the restricted or negotiated procedure the notice has also include in particular the following information:



1. appointment to the participation applications must be received.

2. information which documents should I include with the application form.

3. place where more detailed information (CV) on the desired output are available.

4. limit the number of candidates to be selected.

5. selection criteria.

6 notes on computer-assisted tenders, information required for the submission of electronic bids.

 

C. can be included in the notice:



1. appointment to the participation applications must be received.

2.

Indicated which documents should I include with the application form (in particular evidence in accordance with the §§ 59 ff).

3. place where more detailed information (CV) on the desired output are available.

4. limit the number of candidates to be selected.

5. award criteria.

 

 

Annex IX

Characteristics for the publication

1. publication of announcements

 



(a) the standard forms for announcements must be communicated by the client to the Office for official publications of the European Union. This applies also for the publication of a prior information notice published on a buyer profile, as well as for the notice in which to announced the release of Beschafferprofils.

The notices are published by the Office for publications of the European Union or in the case of the prior information notice on a buyer profile of the client.

The contracting authority may publish all notices on the Internet in his "buyer profile" according to no. 2.

(b) the Office for official publications of the European Union issues a certificate about the publication of the contract notice the contracting authority.

 

2. publication of additional information

 



The buyer profile may advance information, information on ongoing invitations to tender, scheduled jobs, contract award, revoked procedure as well as any other information of general interest such as point of contact, telephone and fax number, postal address and email address.

 

3. patterns and procedures for the electronic transmission of notices

 



The pattern and the arrangements for the electronic transmission of notices are available at the Internet address "http://simap.europa.eu".

 

 

Annex X

Requirements for the devices for the electronic receipt of requests to participate or offers

 

The devices for the electronic receipt of requests to participate and the offers must ensure by means of appropriate technical means and appropriate procedures, that



(a) electronic signatures relating to requests for participation and the dispatch of offers correspond to the national provisions in accordance with the Directive 1999/93/EC;

b) that time and the day of receipt of requests to participate and the deals can be accurately determined

(c) it can be considered to be sure, no one can have access to the data transmitted according to the present requirements before the stipulated dates

(d) it can be for a violation of this prohibition of access as safe, clearly reveal itself let the violation;

(e) the dates of the opening of the received data only from the authorized persons can be set or changed

f) at different stages of the procedure of placing an order of access to all data - or a part of the data - only is possible if the authorized persons are working at the same time;

(g) access to the data transmitted when simultaneous working of authorized persons is possible only after the fixed date;

h) the data received and opened in accordance with the present requirements remain accessible only to persons authorised to take note.

Article 2

Amendment of the Federal Procurement Act 2006 (BVergG novel 2012)

The Federal law on the award of contracts (Federal Procurement Act 2006 - BVergG 2006), Federal Law Gazette I no. 17, as last amended by regulation Federal Law Gazette II No. 455/2010, is amended as follows:

1. in the table of contents will be after the entry "section 41 direct Award" the entry "section 41a direct Award with prior notice", after the entry "§ 201 direct Award" insert the entry "section 201a direct award to prior call for competition". the entries "1 main piece non control" and "Civil provisions of piece of 2 main" are eliminated before the §§ 336 and 338.

2. the entry is each article 44 and article 205 (section title) in the table of contents:

              "Transmission of documents to the Commission"

3. the entries to the sections 49 and 50 in the index are:



"paragraph 49. Volunteer announcements at European Union level' '§ 50. Announcements at the Union level' 4. The entry to section 177 in the table of contents is as follows:


"§ 177. construction and service concession contracts, purchase of road transport vehicles by operators of public passenger transport services" 5. The entries to the sections 210 and 211 in the table of contents are:



"§ 210. Volunteer announcements at European Union level' '§ 211. Announcements at European Union level"6. The entries to the sections 337 and 338 in the table of contents are:


"§ 337. Claims for damages article 338. Recourse against the beneficiary bidder"7. The entry to 351 section in the table of contents is as follows:


"§ 351. Reference to legal acts of the Union"8 § 2 is Z 10:



"10 tender is the Declaration of the customer, in which he sets, what performance they wish to receive to those provisions (notice, call for the competition, tendering, competition and auction documents, 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), addressed to a specific or an indeterminate number of entrepreneurs."

9. in section 2, no. 16 lit. a) sublit. nn) the point is replaced at the end of a semicolon; following sublit. OO) is added:



"oo) at the direct Award with prior notice or prior call for competition: the choice of award procedures;" the notice."

10. in section 2 No. 19 in annex IX A. Z 19 and 22, B. Z 17 and 20, and C. Z 16, 18 and 21, annex XI A. I. No. 4, annex XII I in the heading and Z 4 lit. b, annex XIII No. 15, annex XIV Z 11 and annex XVI subpara 1 lit. a replaced the word 'Communities' to c with the word "Union".

11 in section 2 Z 40, first sentence, is replaced the word "German commercial code" by the word "corporate law".

12. the introduction is in sec. 2 Z 48:



"48th central procurement office is contracting in accordance with §§ 3 para 1 and 164 or a contracting authority of another Member State of the European Union (EU or Union) or an other party of the EEA Agreement, which complies with the requirements contained in this legislation, the" 13 Article 3 the following paragraph 6 is added:

(6) if client of a facility that is not a contracting authority within the meaning of paragraph 1 and no sector contracting authority within the meaning of sections 164 to 166, a service contract or a service concession grant, which the subject of the contract is the provision of public passenger transport services in the context of a public service contract within the meaning of Regulation (EC) No 1370/2007 is must be determined in the contract between customer and personal equipment ", apply by analogy to the provisions of section 80 have the concerned institution for the purchase of road transport vehicles in the upper sill."

14 paragraph 10 No. 2:



"2. for procurement procedures to which applies Article 346 of the Treaty on the functioning of the European Union (TFEU)," 15. Section 10 No. 4 is the phrase "Commission of the European communities" by the phrase "European Commission" and the term "Treaty" is replaced by the expression "TFEU". in §, the word 'Community' is replaced by the expression 'EU' 10 Z 5; in section 10, the expression "Treaty" is replaced by the expression "TFEU" No. 6.

16. in article 10 the point is replaced at the end of Z 17 by a comma and following Z 18 to 20 are attached:



"18. for contracts in the defence and security sectors, the the Federal law on the award of contracts in the defence and security sectors (Federal Procurement Act defence & Security 2012 - BVergGVS 2012), Federal Law Gazette I no. 10/2012, 19 for the procurement of supplies or services by clients from a central procurement authority of another Member State of the EU or an other party of the EEA Agreement are subject to, as well as for jobs that 2012 2012 except are BVergGVS according to § 9 of the scope of the BVergGVS," , insofar as the central procurement agency for the procurement of those supplies or services has complied with procedural rules, which are available with all provisions of Directive 2004/18/EC, as amended by Directive 2009/81/EC, in accordance and the contracts effective remedies may be appealed, with the provisions of Directive 89/665/EEC, as amended by Directive 2007/66/EC , stand in line, 20.

for the designation of a central purchasing body of another Member State of the EU or an other party of the EEA Agreement by customer with the procurement of construction, delivery or services for this client, as long as the central purchasing body in the procurement of this construction, delivery or services comply with procedural rules, with all provisions of Directive 2004/18/EC, as amended by Directive 2009/81/EC ", stand in line."

17 paragraph 11:

"section 11. For the award of service concessions by customer apply exclusively the § 3 para 1 and 6, 8, 49, 336, service concession contracts by contracting authorities in accordance with Union law fundamental freedoms, as well as the prohibition of discrimination are 344 and 345 para 1 to 3 and, as far as necessary basically in a procedure with several entrepreneurs, this seems on the basis of the value and the subject matter of the contract, through which a reasonable degree of publicity is guaranteed and that complies with the principles of free and fair competition , to forgive. The award of services concessions in a free-form process is directly only to a selected contractor (direct assignment) if the estimated output value does not exceed 50 000 euro excluding VAT; the application of article 5 (2) and 4 to 6 of Regulation (EC) No. 1370/2007 shall remain unaffected. Article 3 par. 5 of the Federal law is to apply mutatis mutandis when the award of services concessions."

18 in the articles 12, paragraph 1 chapeau, paragraph 2 chapeau and para 3 first sentence, 14 para 3 second sentence, 15 paragraph 4, second sentence, and paragraph 5 second set, 16 par. 5, second sentence, and paragraph 6 second sentence, 126 par. 4 first sentence, 180 paragraph 1 chapeau, para. 2) and (3 first sentence, 182 paragraph 3 second sentence , 183 paragraph 4, second sentence, and paragraph 5 second sentence, 184 paragraph 5, second sentence, and paragraph 6, second sentence, the phrase "without VAT" is omitted.

19 § 14 para 2 is as follows:

"(2) in calculating the estimated contract value of works contracts or construction concession contracts also the estimated total value of all for the execution of the construction work is in addition to the order value of the construction services to include necessary goods provided to the contractor by the contracting authority. The value of goods or services that are not required for the execution of a specific build order may be added to the value of this order in particular not with the result, that the provisions of this Federal Act for the procurement of these goods or services be bypassed."

20 in sections 15 para 5 and 16 paragraph 6, the amount of "40 000" by the amount of "50 000" is replaced.

21 in the § 18 para 1 and 186, para 1 is the phrase "as far as international commitments of in Austria require this or this is required or permitted on the basis of Community rules or this in the interest of a uniform procedure" by the phrase "as far as this is on the basis of international obligations of in Austria or Union regulations required or permitted or this in the interest of a uniform or more economical way" replaced; in article 18, paragraph 1, the reference is "41 para 2 No. 1" by the reference "41 para 2, para 2 41a", in section 186 subsection 1 is the reference "201 para 2" replaced by the reference "201 para 2, 201a, paragraph 2".

22. in §§ 19 para 1 first sentence, 145 para 1 first sentence, 178 paragraph 1, second sentence, and 187 para 1 first sentence is the word "community" replaced by the word "Union law".

23. in article 25, paragraph 1, the phrase "or a direct Award"by the phrase", a direct award or a direct Award with prior notice" will be replaced.

24 paragraph 25 paragraph 10:

"(10) in the case of direct award a performance, is covered if necessary after obtaining services or non-committal price information from one or more entrepreneurs, free form directly from a selected contractor paid."

25 § 25 11 the following paragraph is added:

"(11) in the case of direct Award with prior notice is taken, after the intended procurement of construction, delivery or service order was made known an unlimited number of entrepreneurs, and after obtaining one or more offerings, a performance form free from a selected contractor fee."

26 is in § 31 para 2 "or 30 ABS 1 Z 1"by the designation", 30 par. 1 Z 1 or 38 par. 1" replaced.

26A. in section 37, the amount of "120 000" by the amount of "300 000" is replaced Z 1.

27. in article 38, paragraph 2, no. 4 replaced the phrase "Insolvency, bankruptcy, comparison or composition proceedings" by the word "Insolvency proceedings".

28 paragraph 41:

"41. (1) the articles 3, paragraph 1, 4 to 6, 9, 10, 13 to 16, 18 para 1, 19 of para 1 to 4, 25 para 10, apply for the award of contracts by contracting authorities in the way of direct award only the 1st 42 para. 2, of 4 to 6 part as well as the provisions of paragraph 2 to 4."

(2) a direct award is allowed only if the estimated value of the order does not reach 50 000 euro.

(3) the services, where appropriate, information collected in the implementation of a direct award or non-committal price information must be documented accordingly.

(4) the power, performance, and reliability of the successful tenderer must be at the latest at the time of the bid. To entrepreneurs, whose assets insolvency proceedings opened or which are in liquidation or winding up its commercial activities, contracts by way of direct award may be awarded but, if their capacity to do so is sufficient."

29. According to article 41, the following section 41a and heading shall be inserted:

"Direct Award with prior notice

section 41a. (1) only the 1st part with the exception of § 2 apply for the award of contracts by contracting authorities in the way of direct Award with prior notice Z 20, § 3 para 1, 4 to 6, 9, 10, 13 to 16, 18 para 1, 19 of para 1 to 4, 25 para 11, 42 para 3, 43 para 1 and 2, 135 para 1, 140 paragraph 9 , the 4 to 6 part as well as the provisions of paragraph 2 to 7.

(2) a direct Award with prior notice is permitted only if the estimated value of the contract



1. for the supply and service contracts 130 000 euro and 2. for works contracts EUR 500 000 not reached.

(3) the client has the intended procurement of construction, to make known the delivery or service order by means of a direct Award with prior notice in accordance with § 55 para 2 and 3. The notice shall contain at least the following information:



1. identification of the client, 2. the purpose of the performance as well as place and period, 3. Note, where more information about the power to restructure as well as the further proceedings are available and 4. explicit designation as a direct Award with prior notice.

(4) the contracting authority must lay down criteria that are objective, non-discriminatory and related to the subject of the order which are provided for any selected of the entrepreneur and the entrepreneur, of or obtained which offers and determine the successful offer.

(5) the contractor has the entrepreneurs, who have applied to participate in the procedure for the direct award of prior notice or put an offer, after forthwith, which entrepreneur was awarded the contract. In this communication, the overall price is to specify.

(6) the power, performance, and reliability of the successful tenderer must be at the latest at the time of the bid. To entrepreneurs, whose assets insolvency proceedings opened or which are in liquidation or winding up its commercial activities, contracts by way of direct Award with prior notice may be awarded but if their capability to do so is sufficient.

(7) the contracting authority the notice of withdrawal has been known immediately the entrepreneurs, who have applied to participate in the procedure for the direct award of prior notice or a proposal put on, to give."

30 § 42 para 2 is as follows:

"(2) in the case of a direct award are, unless the documentation effort is economically feasible to keep the subject-matter and value of the order, the name of the contractor, as well as verifying that price in writing."

31. in paragraph 42, the following paragraph 3 shall beadded:

"(3) in the case of a direct Award with prior notice are all essential requirements and operations in the contract award procedure to put in writing."

32. the section heading before section 44 is as follows:

"Transmission of documents to the Commission"

33rd in the § 44 par. 3, 205 para of 4 and 349 paragraph 2 first and second sentence the phrase "the Government" by the phrase "the Chancellor" replaced; in § 134 para 3 and 275, the phrase "The Government" is replaced by the phrase "The Chancellor".

34th in the headings to the sections 49, 50, 210 and 211, the word "Community" is replaced by the word "Union level".

35. § 52 para 1 and 2 are:


"(1) the Federal Chancellor and the State Governments have for the scope of the enforcement regulation each set an electronic publication medium, in which the contracting authority may publish additional announcements in the upper sill or have anyway to publish. There are further provisions with regard to the delivery of the notices of the publication medium, as well as the procedures to be observed in the course of the submission and the publication of notices and deliverables to meet in this regulation.

(2) in the case of a notice referred to in paragraph 1 the availability of the content must be guaranteed at least until the end of the application or offer period."

36. in the articles 54, paragraph 6, second sentence, and 217 paragraph 7 second sentence replaces the phrase "contract value" the phrase "total price".

37. § 55 para 2 to 6 are:

"(2) the contracting authorities at any rate pursuant to § 52 para 1 for the scope of the enforcement fixed publication medium to publish notices in the threshold area.

(3) the availability of the content of notices referred to in paragraph 2 and by electronically immediately retrievable according to para 1 tender documents must be guaranteed at least until the end of the application or offer period.

(4) further announcements in other appropriate publication media available clients.

(5) If a procedure without prior publication of notice in the threshold area was carried out, the client may disclose the decision to awarded the contract which bidder, in the medium of publication established in accordance with article 52, paragraph 1 for the scope of the execution. In this notice, at least the name and address of the contracting authority, a description of the subject of the order, are to hold the name and address of the successful tenderer and the determinants for the implementation of a procurement procedure without prior publication of notice.

(6) the contracting authority may disclose in the medium of publication pursuant to article 52, paragraph 1 for the scope of the execution, a job that he has awarded in a tendering procedure without prior publication of notice, or a framework agreement, which he has concluded after conducting a tendering procedure without prior publication of notice. In this notice the name and address of the contracting authority and of the successful tenderer or the successful tenderer are to hold a description of the subject of the order, the total price, as well as the determinants for the implementation of a procurement procedure without prior publication of notice."

38. first sentence is § 67:

"The customer can reduce the minimum offer deadlines and entry deadlines in particularly justified cases, in particular for reasons of urgency, as well as for supply contracts on goods with characteristics available widely on the market,."

39. § 68 para 1 subpara of 2 and 229 para 1 No. 2 are:



"; 2 over your assets an insolvency proceedings or rejected the opening of insolvency proceedings due to lack of cost-covering assets"

40. paragraph 68 para 2:

"(2) to entrepreneurs, whose assets insolvency proceedings opened or that are in liquidation or winding up its commercial activities, contracts under the negotiated procedure referred to in paragraphs 29 par. 2 may be awarded but Nos. 3 and 4 Z 7 and 38 para 2, if their capacity to do so is sufficient."

41. § 70 para 3 second sentence reads:

"For the award of contracts in the upper sill of the contracting authority prior to contract award has to request the submission of specified evidence of the tenderer in any case; for an assignment in batches this applies only when the estimated value of the individual lot reached the respective threshold referred to in article 12, paragraph 1."

42. the following paragraph 8 is added to paragraph 75:

"(8) in the threshold area can the principal Z 1, para in para 5 6 Z 1 and para 7 Z stretch 1 period to up to 10 years."

43. in paragraphs 77 para 2 first sentence and 234 paragraph 2, second sentence, shall be replaced "Community system" by the word "Union System"; in § 77 para 2 first sentence, 234 para 2 second sentence, 312 paragraph 2 chapeau, 312 para 3 Z 1, 312 paragraph 4 Z 1, 331 para 1 Nos. 1, 2, 3, and 5, 336 paragraph of 1 and 341 para 2 Nos. 1, 2, 3 and 5 is replaced the word "Community" by the word "Union law".

44. in article 80, par. 4, second sentence, paragraph 5, second sentence, and paragraph 6 third sentence in section 237 para 4 second sentence, paragraph 5, second sentence, and paragraph 6 third sentence in the headline will sentence the phrase 'European Community' by the word 'Union' Article 351 and Article 351 replaced; in section 80, paragraph 4, second sentence, paragraph 5, second sentence, and paragraph 6 third sentence in section 237 para 4 second sentence, paragraph 5, second sentence, and paragraph 6 third set is the phrase "community test procedures" is replaced by the phrase 'Test procedure of the Union'; third in § 80 para 4 sentence, paragraph 5 third sentence and paragraph 6 fourth movement as well as in article 237, paragraph 4, third sentence, paragraph 5 fourth set third sentence and paragraph 6 is the phrase "community test procedures" is replaced by the phrase 'Test procedure of the Union'.

45. 83 paragraph 3 the following sentence is added to §:

"Subcontractors can prove necessary power, performance and professional conduct in accordance with the § 70 para 2 to 4."

46. in paragraphs 98 para 2 and 247, paragraph 4 the word is "Conformity with Community law" replaced "Union legally compliant" word in the introductory phrase.

47. paragraph 102 paragraph 3:

"(3) the number of the to request entrepreneur is set according to the performance. She must be in restricted procedures without prior publication of notice under three. Without prior notice in the upper sill the number of the to request contractor, if not the performance can be provided only by a particular contractor or urgent, compelling reasons exist, may be negotiated at existence of a sufficient number of qualified, efficient and reliable contractors not under three. Without prior notice in the threshold area the number of to request entrepreneur, if not the performance can be provided only by a particular contractor or urgent, compelling reasons exist, should be negotiated in existence of a sufficient number of qualified, efficient and reliable contractors not under three; Exceptions are allowed for factual reasons. The reasons for this shortfall are hold by the principal."

48. paragraph 103 paragraph 6:

"(6) the number of to request entrepreneur is set according to the performance. She must be in restricted procedures with prior publication of notice in the upper sill not under five, in restricted procedures with prior publication of notice in the emerging area not under three. With prior notice in the upper sill the number of to request entrepreneur may be negotiated at existence of a sufficient number of qualified, efficient and reliable contractors not under three. With prior notice in the threshold area the number of to request entrepreneur should be negotiated with existence of a sufficient number of qualified, efficient and reliable contractors not under three; Exceptions are allowed for factual reasons. The reasons for this shortfall have to be recorded by the client. The number must ensure genuine competition and must be stated in the notice. The objective and non-discriminatory selection criteria have the specific requirements of to the execution of performance to take into account and are known to give the notice."

49. Article 125 par. 5 last sentence, article 126, paragraph 1 last sentence and article 268, paragraph 3 last sentence read:

"In procurement procedures in the threshold area may be waived by the procedure referred to in this paragraph."

50th in article 131, paragraph 1, second sentence and article 272, paragraph 1 second sentence is replaced by the phrase "total price" the phrase "the sum of the award".

51. in article 132, paragraph 1, second sentence is omitted the phrase "in the case of section 131, paragraph 1".

52. in article 135, paragraph 1 is replaced "the" "of" by the word.

53. paragraph 136 para 3:

"(3) in the case of procurement procedures in the threshold area the customer by creating an award notice or a notice of the cancellation of a tendering procedure in accordance with paragraph 1 may refrain, provided that the information referred to in paragraph 1 Z 1 to 7 without much effort from the procurement documentation are shown."

54. paragraph 141:

141. (1) apply to not priority service contracts by contracting authority only the provisions of this section, the 1st part with the exception of § 2 Z 16, § 3 para 1 and 6, 6, 9, 10, 12 para 1 and 3, 13, 16, 20 para 2, 3 and 5, 21, 44, 49, 51, 98 and 140 paragraph 9 and the 4th to 6th part of this Federal Act.


(2) not priority service contracts are awarded by contracting authorities in accordance with Union law fundamental freedoms, as well as the prohibition of discrimination. As far as this is deemed necessary on the basis of the value and the object of the order, not priority service contracts are basically in a procedure with several entrepreneurs, through which a reasonable degree of publicity is guaranteed and that complies with the principle of free and fair competition, to forgive. By a notice of proceedings, in particular distance can be done when one of 2 conditions referred to Z 3 to 5 in §§ 30 para 2 or 38.

(3) the procurement of non priority service contracts in a free-form process immediately to a selected entrepreneurs (direct assignment) is permissible only up to an estimated order value of EUR 50 000; the application of article 5 (2) and 4 to 6 of Regulation (EC) No. 1370/2007 shall remain unaffected. Not priority service contracts on intellectual services in a negotiated procedure without prior notice with only a contractor is allowed, provided that the implementation of economic competition on the basis of the cost of the procurement process for the customer is not economically viable and the estimated value of the order 50vH of the respective threshold value in accordance with article 12, paragraph 1 not reached Z 1 or 2.

(4) if there is a notice to ensure of a reasonable level of public notices in which pursuant to § 52 para 1 for the scope of the execution are fixed publication medium to publish. Upper threshold area, awarded not priority service contracts referred to in article 54 are to announce.

(5) any any outward appearance setting of the client applies as a separately appealable decision.

(6) the client has proven to inform the bidders remaining in the contract award procedure the surcharge which bidder is to be granted. In this communication, the respective end of the standstill period referred to in paragraph 7, the reasons for the rejection of their offer, the total price and the features and benefits of the successful offer to announce, if not the disclosure of this information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition are the remaining bidders. A commitment to the communication of the award decision shall not, if



1. the supplement the single and the only one in the contract award procedure remaining bidders should be granted, or 2. If on the basis of the § 30 para 2 Z distance has been included in 3 conditions laid down by a notice of the proceedings.

(7) the contracting authority may not award the contract other absolute nullity within the standstill period. The standstill period begins with the dispatch of the communication of the award decision. She is in a transfer electronically or by fax 10 days at a corresponded way 15 delivery days. In conducting a tendering procedure in the threshold area reduces the standstill period to seven days.

(8) the client an award procedure may revoke if for objective reasons. The customer shall have the revocation decision as far as this is possible, to inform the entrepreneur remaining in the contract award procedure immediately and demonstrably or disseminate on the Internet. The principal may explain the withdrawal at other ineffectiveness during the standstill period. The standstill period begins with the sending of the notification of the revocation decision or with the first-time availability of the publication of the revocation decision. When a submission electronically or by fax, as well as in a notice, the standstill period ten days at a corresponded way 15 delivery days. In the implementation of procurement procedures in the threshold area reduces the standstill period to seven days. In addition, § 140 para 6 is true. In the threshold area the contracting authority may by the notification or publication of the revocation decision and immediately and without waiting for a standstill period explain the withdrawal. In this case the customer shall the operators remaining in the contract award procedure, as far as this is possible, to communicate immediately and verifiably by the notice of withdrawal or to make them known in the Internet."

55. in paragraph 153, the phrase "54 and 55" by the phrase "54, 55 and 68-77" is replaced.

56. § 173 be added following paragraph 3 and 4:

"(3) is one of the activities for which the procurement of performance is made, the provisions of 3rd part of this Federal Act, the other activity but subject to the provisions of the 2nd part of this federal law, and it is objectively not possible to determine what activity constitutes the main object of the contract, the order in accordance with the provisions of the 2nd part of this Federal Act to forgive.

(4) the choice between awarding a single contract and several separate contracts may not be but with the aim, to circumvent the application of the Federal law or the provisions of the 2nd part of this Federal Act."

57. in paragraph 175, the term "Treaty" is replaced by the expression "TFEU" Nos. 3 and 5; in section 175, Z 4 the word 'Community' is replaced by the word "Union".

58. in paragraph 175, the point by a comma is replaced at the end of Z 20; following Z 21 to 24 shall be added:



business standard package services to business clients, nationally and internationally; "

(b) business standard package services to private clients, nationally and internationally;

(c) national express package services;

d) combined freight services;

e) contract logistics, 23 for the procurement of supplies or services by sector clients from a central procurement authority of another Member State of the EU or an other party of the EEA Agreement, provided that the central procurement agency for the procurement of those supplies or services rules of procedure has complied with all provisions of Directive 2004/17/EC, as amended by Directive 2009/81/EC or Directive 2004/18/EC , are amended by Directive 2009/81/EC, in accordance and provided effective remedies can be made against the contracts, that with the provisions of Directive 92/13/EEC, as amended by Directive 2007/66/EC, in accordance, 24 for the designation of a central purchasing body of another Member State of the EU or an other party of the agreement through the procurement of construction sector clients ", The delivery or services for this sector client, as long as the central purchasing body in the procurement of this construction, delivery or services complies with procedural rules, which are consistent with all the provisions of the Directive 2004/17/EC, as amended by Directive 2009/81/EC or Directive 2004/18/EC, as amended by Directive 2009/81/EC,."

59. paragraph 177 and heading:

"Construction and service concession contracts, purchase of road transport vehicles by operators of public passenger transport services

177. (1) only the paragraphs 7, 8, 164 to 166, 210, 336 apply to procurement of construction and service concession contracts by sector contracting, construction and service concession contracts are 344 and 345 para 1 to 3. sector contracting in accordance with Union law fundamental freedoms, as well as the prohibition of discrimination and, as far as this on the basis of the value and the subject matter of the contract required appears basically in a procedure with several entrepreneurs, , through which a reasonable degree of publicity is guaranteed and which corresponds to the principles of free and fair competition, to forgive. The procurement of construction and service concession contract in a free-form process is directly only to a selected contractor (direct assignment) provided the estimated value of the performance does not exceed 75 000 euro excluding VAT; the application of article 5 (2) and 4 to 6 of Regulation (EC) No. 1370/2007 shall remain unaffected.

(2) If grant sector client of a facility that is not a contracting authority in the sense of § 3 para 1 and no sector contracting authority within the meaning of sections 164 to 166, a service contract or a service concession, which the subject of the contract is the provision of public passenger transport services in the context of a public service contract within the meaning of Regulation (EC) No 1370/2007 is must be determined in the contract between sector client and personal equipment ", that the concerned institution for the purchase of road transport vehicles in the area of the upper threshold to apply by analogy the provisions of § 237 has."

60th in the paragraphs 179, paragraph 2, Z 1 and 334 paragraph 3 is replaced by the word "Union law" the word "Community".


61. in sections 183 paragraph 5 and 184 para. 6 the amount of "60 000" by the amount of "75 000" is replaced.

62. in article 192, paragraph 1, the phrase ", a direct Award"by the phrase", a direct award, a direct award to prior call for competition" will be replaced.

63. paragraph 192 paragraph 9:

"(9) in the case of direct award a performance, is covered if necessary after obtaining services or non-committal price information from one or more entrepreneurs, free form directly from a selected contractor paid."

64. § 192 10 the following paragraph is added:

"(10) in the case of direct award to a prior call for competition is involved, after the intended procurement of construction, delivery or service order was made known an unlimited number of entrepreneurs, and after obtaining one or more offerings, a performance form free from a selected contractor fee."

65. paragraph 201:

"§ 201 (1) 176 (1) to 4, 181-184, 186 apply to the award of contracts by sector contracting in the way of direct award only the part 1, sections 4 to 6, 9, 164-166, 173, 175, para 1, 187 (1) to 4, 192 paragraph 9, the 4 to 6 part and the provisions of paragraph 2 to 5."

(2) a direct award is allowed only if the estimated value of the order does not reach 75 000 euro.

(3) the services, where appropriate, information collected in the implementation of a direct award or non-committal price information must be documented accordingly.

(4) the power, performance, and reliability of the successful tenderer must be at the latest at the time of the bid. To entrepreneurs, whose assets insolvency proceedings opened or which are in liquidation or winding up its commercial activities, contracts by way of direct award may be awarded but if their capability to do so is sufficient.

(5) in the case of a direct award are, unless the documentation effort is economically feasible to keep the subject-matter and value of the order, the name of the contractor, as well as verifying that price in writing."

66. According to § 201, 201a the following paragraph with heading shall be inserted:

"Direct award to prior call for competition

section 201a. (1) only the 1st part with the exception of § 2 apply for the award of contracts by sector contracting in the way of direct award to a prior call for competition Z 20, sections 4 to 6, 9, 164-166, 173, 175, 176 (1) to 4, 181-184, 186 para 1, 187 par. 1 to 4, 192 paragraph 10, 204 para 1 and 2 , 220, 232, 276 para 1, 279 par. 9, of 4 to 6 part and the provisions of paragraph 2 to 9.

(2) a direct award to prior call for competition is allowed only if the estimated value of the contract



1. for the supply and service contracts 200 000 euro and 2. for works contracts EUR 500 000 not reached.

(3) the call for competition has



1. by a notice pursuant to subsection 4 or 2. by a notice on the existence of an inspection system in accordance with section 220 be made.

(4) the sector client has the intended procurement of construction, to make known delivery or service order by means of a direct award after previous call for competition in accordance with section 219, paragraph 2 and 3. The notice shall contain at least the following information:



1. identification of the sector contracting 2. subject matter of the performance as well as place and period, 3. Note, where more information about the power to restructure as well as the further proceedings are available and 4. explicit designation as a direct award according to prior call for competition.

(5) the sector client must set criteria that are objective, non-discriminatory and related to the subject of the order, which are provided for any selected of the entrepreneur and the entrepreneur, of or obtained which offers and determine the successful offer.

(6) the sector client has the entrepreneurs, who have after prior call for competition applied to participate in the procedure for the direct award or made an offer, after forthwith, which entrepreneur was awarded the contract. In this communication, the overall price is to specify.

(7) the power, performance, and reliability of the successful tenderer must be at the latest at the time of the bid. To entrepreneurs, whose assets insolvency proceedings opened or which are in liquidation or winding up its commercial activities, contracts by way of direct award may be awarded but after prior call for competition, if their capacity to do so is sufficient.

(8) the sector contracting the withdrawal has known immediately to give the entrepreneurs, who have after prior call for competition applied to participate in the procedure for the direct award or made an offer.

(9) in the case of a direct award to prior call for competition all essential requirements and operations in the contract award procedure to put in writing are."

67. the section heading before § 205 is as follows:

"Transmission of documents to the Commission"

68. section 216 para 1 and 2 are:

"(1) the Federal Chancellor and the State Governments have for the scope of the enforcement regulation each set an electronic publication medium, in which you can publish sector Contracting additional announcements in the upper sill or have in any case to publish. There are further provisions with regard to the delivery of the notices of the publication medium, as well as the procedures to be observed in the course of the submission and the publication of notices and deliverables to meet in this regulation.

(2) in the case of a notice referred to in paragraph 1 the availability of the content must be guaranteed at least until the end of the application or offer period."

69. section 219 paragraph 2 to 6 are:

"(2) the sector contracting authorities in any case in accordance with article 216, paragraph 1 for the scope of the enforcement fixed publication medium to publish notices in the threshold area.

(3) the availability of the content of notices referred to in paragraph 2 and by electronically immediately retrievable according to para 1 tender documents must be guaranteed at least until the end of the application or offer period.

(4) further announcements in other appropriate publication media remain free the sector principal.

(5) If a procedure without prior call for competition in the emerging area was carried out, the sector client may disclose the decision to awarded the contract which bidder, in the publication medium established in accordance with article 216, paragraph 1 for the scope of the execution. In this notice, at least the name and address of the sector contracting authority are to hold a description of the subject of the order, the name and address of the successful tenderer and the determinants for the implementation of a procurement procedure without prior call for competition.

(6) the sector customer may disclose a job that he has awarded in a tendering procedure without prior call for competition, or a framework agreement, which he has concluded after conducting a tendering procedure without prior call for competition, in the medium of publication established in accordance with article 216, paragraph 1 for the scope of the execution. In this notice the name and address of the sector contracting authority and of the successful tenderer or the successful tenderer are to hold a description of the subject of the order, the total price, as well as the determinants for the implementation of a procurement procedure without prior call for competition."

70. Article 229 paragraph 2 No. 3 is:



"3. an order under the negotiated procedure referred to in article 195 Nos. 10 and 11 to a contractor should be awarded, whose assets insolvency proceedings opened or located in liquidation or discontinues its commercial activities and its capacity to do so is sufficient."

71. Article 231 para 3 second sentence reads:

"For the award of contracts in the upper sill of the sector contracting authority prior to contract award has to request the submission of specified evidence of the tenderer in any case; for an assignment in batches this applies only when the estimated value of the individual lot reached the respective threshold referred to in article 180, paragraph 1."

72. 240 paragraph 3 the following sentence is added to §:

"The subcontractors can prove necessary power, performance and professional conduct accordance of § 231 2 to 4."

73. paragraph 250 paragraph 3:


"(3) the number of the to request entrepreneur is set according to the performance. She should be restricted procedure without prior publication of notice under three. Without prior notice the number of the to request contractor, if not the performance can be provided only by a particular contractor or urgent, compelling reasons exist, should be negotiated at the existence of a sufficient number of qualified, efficient and reliable contractors not under three; Exceptions are allowed for factual reasons. The reasons for this shortfall are hold by the sector principal."

74. Article 252 paragraph 6, first sentence, is:

"The number of entrepreneurs to request should be in the restricted procedure and in the negotiated procedure in principle do not see three; Exceptions for objective reasons are permitted."

75. in section 270, paragraph 1 Nos. 2 and 3 third sentence is replaced the phrase 'European Community' by the word 'Union'.

76. in article 273, paragraph 1, second sentence is omitted the phrase "in the case of section 272, paragraph 1".

77. paragraph 280:

280. (1) only the provisions of this section, the part 1 with the exception of section 2 apply to non priority service contracts by sector client Z 16, §§ 6, 9, 164-166, 175, 177 para 2, 180 par. 1 and 3, 181, 184, 188 para 2, 3 and 5, 189, 205, 210, 212, 247 and 279 paragraph 9 and the 4 to 6 portion of this Federal Act.

(2) not priority service contracts are up for grabs by sector contracting in accordance with Union law fundamental freedoms, as well as the prohibition of discrimination. As far as this is deemed necessary on the basis of the value and the object of the order, not priority service contracts are basically in a procedure with several entrepreneurs, through which a reasonable degree of publicity is guaranteed and that complies with the principle of free and fair competition, to forgive. By a notice of proceedings, in particular distance can be taken if one of the conditions referred to in section 195.

(3) the procurement of non priority service contracts in a free-form process immediately to a selected entrepreneurs (direct assignment) is permissible only up to an estimated order value of EUR 75 000; the application of article 5 (2) and 4 to 6 of Regulation (EC) No. 1370/2007 shall remain unaffected. Not priority service contracts on intellectual services in a negotiated procedure without prior notice with only a contractor is allowed, provided that the implementation of economic competition on the basis of the cost of the procurement process for the customer is economically unfeasible and the estimated value of the order 50vH of the threshold referred to in article 180, paragraph 1 not reached No. 1.

(4) if there is a notice to ensure of a reasonable level of public notices in which in accordance with article 216, paragraph 1 for the scope of the execution are fixed publication medium to publish. Upper threshold area, awarded not priority service contracts pursuant to § 217 are to announce.

(5) any any outward appearance setting the sector contracting authority is as a separately appealable decision.

(6) the sector client has proven to inform bidders remaining in the contract award procedure, the surcharge is to be granted what bidders. In this communication, the respective end of the standstill period referred to in paragraph 7, the reasons for the rejection of their offer, the total price and the features and benefits of the successful offer to announce, if not the disclosure of this information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition are the remaining bidders. A commitment to the communication of the award decision shall not, if



1. the supplement the single and the only one in the contract award procedure remaining bidders should be granted, or 2. when on the basis of the § 195 Z distance was taken in 4 conditions laid down by a notice of the proceedings.

(7) the sector customer may not award the contract other absolute nullity within the standstill period. The standstill period begins with the dispatch of the communication of the award decision. She is in a transfer electronically or by fax 10 days at a corresponded way 15 delivery days. In conducting a tendering procedure in the threshold area reduces the standstill period to seven days.

(8) the client an award procedure may revoke if for objective reasons. The customer shall have the revocation decision as far as this is possible, to inform the entrepreneur remaining in the contract award procedure immediately and demonstrably or disseminate on the Internet. The principal may explain the withdrawal at other ineffectiveness during the standstill period. The standstill period begins with the sending of the notification of the revocation decision or with the first-time availability of the publication of the revocation decision. When a submission electronically or by fax, as well as in a notice, the standstill period ten days at a corresponded way 15 delivery days. In the implementation of procurement procedures in the threshold area reduces the standstill period to seven days. In addition § 279 paragraph 6 applies. In the threshold area the contracting authority may by the notification or publication of the revocation decision and immediately and without waiting for a standstill period explain the withdrawal. In this case the customer shall the operators remaining in the contract award procedure, as far as this is possible, to communicate immediately and verifiably by the notice of withdrawal or to make them known in the Internet."

78. in paragraph 285, the reference "219," the reference is "219, 228-234," replaced.

79. in article 293, paragraph 1 first sentence is omitted the phrase "the European Community".

80. in section 301, paragraph 2 the following text is added:

"The fixed expenses and reimbursement of travel costs reduced or increased each year to the extent that the resulting from the change of the of the Federal Statistics Austria of suggested consumer price index 2010 or at his place index compared to the January 2012 proclaimed and adopted as a result compared to the last setting index number is." The Federal Minister of economy, family and youth has to release the index number relevant for January of the current year in the Federal Law Gazette to be published the newly fixed expenses and reimbursement of travel costs. The newly fixed expenses and reimbursement of travel costs shall apply from the first month following the announcement. "The fixed amounts are loosened on all euro or round."

81. in article 312, para. 3, reference "Z 1" is replaced by the reference "Nos. 1, 4 and 5" Z 2.

82. in article 318, paragraph 1 Z 1 fifth set is replaced the phrase "Tendering, the competition documents" with the word "Tender".

83. in article 318, paragraph 1 Z 2, first sentence, the phrase "Consumer price index 2005" by the phrase "Consumer price index 2010" replaced; the phrase "compared to the announced for June 2007 and as a result" is omitted.

84. Article 318 para 1 No. 7 is:



"7. If an application before the hearing or, if no hearing is performed, withdrawn before issuing the permit, only a fee in the amount of 75vH of the set for the respective application or reduced according to Z 5 fee is to be paid." Already paid additional amounts are to be paid back."

85. in section 321, paragraph 4, first sentence, is the phrase "Tender or competition documents" is replaced by the word "Tender"; in section 321 para 4 second sentence replaces the phrase "Tender or competition documents" by the phrase "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".

86. paragraph 322 para 3:

"(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 positioned, even within the time limits referred to in § 321 when he was introduced at a not obviously incompetent procurement authority."

87. paragraph 323 subsection 1:

"(1) the receipt of a review request is to make known by the Chairmen of the relevant Senate promptly on the Internet."

88. in section 325, paragraph 2, the phrase "the tender documents" is replaced by the phrase "the tender".

89. in article 331, paragraph 1, third sentence is replaced by the reference "Nos. 1, 3 and 4" the reference "Z 1".

90. paragraph 332 paragraph 4:


"(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 contract contains no indication of the responsible contracting authority, the application is positioned, even within the time limits referred to in paragraph 2 and 3 when he was introduced at a not obviously incompetent procurement authority."

91. in the 5th part accounts for the headings "1 main piece non control" and "Civil provisions of piece of 2 main".

92. in article 336 paragraph 3 chapeau, the word "Community law" is replaced by the word "Union law".

93. paragraphs 337 and 338 with headings are:

"Claims for damages

A candidates lost over or tenderers against the employer, attributable to the conduct of the organs is entitled to reimbursement of the costs of the supply position and the cost of participation in the procurement procedure, has § 337. (1) at sufficiently qualified violation of this Act or the regulations issued on the basis of this Federal Act by organs of the contracting authority or a forgiving place.

(2) no entitlement referred to in paragraph 1, if after contract award or declaration of withdrawal of a procurement procedure by the competent contracting authority has been established, that the candidates neglected over or tenderers in compliance with the provisions of this federal law and the previous judgment regulations had no real chance of acceptance of the bid, or if the injured party would have can mitigate the damage by applying for an interim injunction, as well as through a review petition.

(3) as an alternative to the claim referred to in paragraph 1 has the world over bidders on its offer the surcharge would have to be granted, when sufficiently qualified violation of this Act or the regulations issued on the basis of this Federal Act by organs of the contracting authority or a forgiving place against the employer, attributable to the conduct of the institutions which is entitled to reimbursement of meeting interest.

(4) no claim under paragraph 3 If after contract award or declaration of withdrawal of a procurement procedure by the competent contracting authority has been established, that the neglected over bidders in compliance with the provisions of this federal law and the previous judgment regulations had no real chance of acceptance of the bid, or if the injured party would have can mitigate the damage by applying for an interim injunction, as well as through a review petition.

Recourse against the beneficiary bidder

section 338. The contracting authority in accordance with § 337 w.r. replacement can against the beneficiary bidders have recourse if the infringement represents a legal offence and are the beneficiaries or persons which it has uses to participate in the procurement procedure, within the meaning of § 12 have involved StGB. "This person is liable jointly and severally, with the body of the bearing fault of the customer or the forgiving point as far as this after the service employees Liability Act, Federal Law Gazette No. 80/1965, is responsible."

94. in article 341, paragraph 1 the reference "sections 338 and 339" with the reference "paragraphs 337 to 339" and in § 341, section 2, second sentence is the reference "article 338, paragraph 1 the last sentence" is replaced by the reference "article 337 para. 3".

95. § 341 para 3 first sentence reads:

"By way of derogation from paragraph 2 a claim for damages is allowed, if the Declaration of withdrawal of a procurement procedure was allowed, but the contracting authority a sufficiently serious violation of other provisions of this Federal Act, the regulations, taken by or against directly applicable European Union law caused."

96. in article 344 para 1 of the reference "45," the reference is "45, 176 paragraph 5," and the amount "15 000 euro" replaced by the amount "EUR 50 000".

97 15 the following paragraph is added to section the 345:

"(15) for the entry into force of the Federal Act Federal Law Gazette I no. 10 / 2012 redrafted provisions and for the expiry of the provisions repealed by this federal law, the following applies:"



1. the table of contents, section 2 Z 10, 16 lit. a nn sublit and oo, 19, 40 and 48, § 3 par. 6, § 10 Nos. 2, 4, 5, and 17 to 20, § 11, § 14 para 2, § 15 para 5, § 16 par. 6, § 18 para 1, § 19 para 1, § 25 para 1, 10 and 11, § 31 para 2, § 37 No. 1, section 38, paragraph 2 and Z 4, § 41, § 41 a heading, § 42 para 2 and 3 , the section heading before section 44, § 44 par. 3, the heading to § 49 and article 50, § 54 paragraph 6, section 67, article 68, paragraph 1 subpara 2 and para 2, § 70 para 3, section 75 para. 8, § 77 para 2, § 80 paragraph 4 to 6, § 83 para. 3, article 98, paragraph 2, article 102, para. 3, art. 103 par. 6, article 125 par. 5, article 126, paragraph 1, article 131, paragraph 1, § 134 para. 3 , Article 135, paragraph 1, § 136 paragraph 3, section 141, article 145, paragraph 1, article 153, article 173, para. 3 and 4, § 175 Z 3 to 5 and 20 to 24, section 177 and heading, article 178, paragraph 1, section 179, paragraph 2 Z 1, section 183, para 5, § 184 article 6, article 186, paragraph 1, § 187 para 1, article 192 para. 1, 9 and 10, § 201, 201a § including heading, the section heading before § 205 , § 205 section 4, the heading to § 210 and section 211, § 217 paragraph 7, article 229, paragraph 1 subpara 2 and para. 2 Z 3, article 231 para. 3, article 234 para 2, § 237 paragraph 4 to 6, article 240, para. 3, article 247 paragraph 4, article 250 paragraph 3, § 252 article 6, article 268, para. 3, article 270, para. 1 subpara 2 and paragraph 3, article 272, paragraph 1, § 275, § 280 , Section 285, section 301, paragraph 2, § 312 para 2, § 3 Z 1 and par. 4 Z 1, article 318, paragraph 1 Nos. 1, 2 and 7, § 312 para 3 Z 2, section 321 para 4, § 322, para. 3, article 323, paragraph 1, article 325, paragraph 2, article 331, paragraph 1 Z 1 to 3 and 5, article 331, paragraph 1 third sentence, article 332, paragraph 4, article 334, para. 3 , Section 336, paragraph 1 and 3, the §§ 337 and 338 with headings, section 341, para 1, para. 2 Z 1 to 3 and 5, § 341 para 2 second sentence, article 341, para. 3, article 344 para 1, article 349, paragraph 1 Nos. 1 and 5 and para 2, § 351 including heading, annex IX A. Z 19 and 22, B. Z 17 and 20 and C. Z 16 , 18 and 21, annex XI A. I. No. 4, the heading in annex XII I, annex XII I. Z 4 lit. b and II Z 16, annex XIII Z 15, annex XIV No. 11, annex XVI subpara 1 lit. a to c and the heading in annex XVIII with the first month of the second following the proclamation into force; occur at the same time the phrases in § 12 para 1 to 3, § 14 para 3, § 15 para 4 and 5, § 16 par. 5 and 6, § 126 section 4, article 132, paragraph 1, article 273, paragraph 1, section 180 paragraph 1 up to 3, section 182 paragraph 3, section 183 subsection 4 and 5, § 184, para. 5 and 6 and section 293, paragraph 1, the heading before section 336 "1 main piece non control" and the heading before § 338 "2. main piece of civil law provisions" override.

2. para § 52 1 and 2, § 55 para 2 to 6, article 216, paragraph 1 and 2 and section 219 paragraph 2 to 6 nine months after the date of entry into force referred to in subpara 1 into force.

3. the No. 10 / 2012 already initiated procurement procedures are I at the time of entry into force of the Federal Act Federal Law Gazette according to the previous legal situation to finish. At the time of entry into force of the Federal Act Federal Law Gazette I are no. 10 / 2012 at the Federal procurement office pending to continue by the Federal awarding agency according to the previous legal situation. With respect to the tendering procedures have been already completed at the time of entry into force of this federal law, carrying out approval procedures according to the previous legal situation is."

98. section 349 paragraph 1 No. 1 is:



"1. the sections 18, 44 50, 52 para 1, para 3, 55 para 2, 134 para 3, 186, 205 para 4, 211, 216 para 1, 219 para 2, 270 para 3, 275, 349 para. 2 of the German Chancellor," 99. section 349 paragraph 1 Z 5 is:



"5. articles 337-341 the Federal Minister for Justice," 100. First sentence in section 349 paragraph 2 replaces the word "gemeinschaftsrechtlicher" each "legal Union" and the word "Legislation" the word with the word "Union rules".

101. paragraph 351 Z 8:



"8 implementing Regulation (EU) No. 842/2011 establishing standard forms for the publication of procurement notices in the field of public contracts and repealing Regulation (EC) No 1564/2005, OJ" No. L 222 of August 27, 2011 S. 1."

102. paragraph 351 Z 13:



"13 Regulation (EC) No 1177/2009 amending directives 2004/17/EC and 2004/18/EC and 2009/81/EC with regard to the thresholds for tendering, OJ" "No. L 314 of the 01.12.2009 S. 64."

103. § 351 be added following Z 17-19:



"17 directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works, supplies and service contracts in the fields of defence and security, and amending directives 2004/17/EC and 2004/18/EC, OJ No. L 216 of August 20, 2009, p. 76.

18 directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers who employ third-country nationals without legal residence, OJ No. L 168, June 30, 2009, p. 24.

19.

Decision 2010/142/EC of the Commission by March 3, 2010, to the exception of certain services of the postal sector in Austria from the application of Directive 2004/17/EC of the European Parliament and of the Council OJ "No. L 56 of the 06.03.2010 S. 8."

104. in annex XII II., Z 16 is replaced by the word "Non Union origin" the word "Community origin" by the word "Union origin" and the word "Not Community origin"; in annex XVIII in the heading the word "Legislation" is replaced by the word "Union rules".

Fischer

Faymann