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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

10. Federal Act establishing a federal law on the award of contracts in defence and security matters (Bundesvergabegesetz Defence and Security 2012-BVergGVS 2012) as well as the Bundesvergabegesetz 2006 is amended.

The National Council has decided:

Article 1

Federal law on the award of contracts in defence and security matters (Bundesvergabegesetz Defence and Security 2012-BVergGVS 2012)

table of contents

Part 1
Subject matter and definitions

§ 1.

Subject-matter

§ 2.

Procurement procedures subject to different rules

§ 3.

Definitions

Part 2
Procurement procedures for contracting entities

1. Main item
Scope, principles

Section 1
Personal and factual scope (order types)

§ 4.

Contracting entities

§ 5.

Works contracts

§ 6.

Supply Orders

§ 7.

Service contracts

§ 8.

Demarcation arrangements

§ 9.

Award procedures excluded from the scope of the law

Section 2
threshold values, calculation of the estimated performance value

§ 10.

Thresholds

§ 11.

General provisions relating to the calculation of the estimated contract value

§ 12.

Calculation of estimated order value for works contracts

§ 13.

Calculation of estimated order value for supply contracts

§ 14.

Calculation of estimated order value for service contracts

§ 15.

Calculation of estimated contract value of framework agreements

§ 16.

Change of thresholds or lot values

Section 3
Principles of award procedure and general provisions

§ 17.

Principles of award procedure

§ 18.

General provisions on candidates and tenderers

§ 19.

Reserved orders for sheltered workshops or integrative businesses

§ 20.

General provisions relating to the award of benefits and partial benefits

§ 21.

Confidentiality of documents relating to an award procedure, exploitation rights

§ 22.

Protection of classified information

2. Main piece
Types and choice of award procedures

Section 1
Types of award procedures

§ 23.

Types of procedures for the award of contracts

Section 2
Selection of award procedures in the upper and lower thresholds

§ 24.

Selection of the non-open procedure with prior notice and the negotiated procedure with prior notice

§ 25.

Choice of negotiated procedure without prior notice

§ 26.

Types of electronic auction and choice of contract award by means of an electronic auction

§ 27.

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

§ 28.

Choice of competitive dialogue

§ 29.

The reasons for the choice of certain award procedures

Section 3
Procurement procedures approved only in the sub-threshold range

§ 30.

Award of contracts

§ 31.

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

§ 32.

Direct award

§ 33.

Direct award with prior notice

§ 34.

The reasons for the choice of certain award procedures

3. Main piece
Provisions for the implementation of procurement procedures

Section 1
Ways of transmitting and transmitting information

§ 35.

Transmission of documents or information between contracting authorities and contractors

§ 36.

Statistical obligations of the contracting entities

§ 37.

Transmission of other documents

Section 2
Notices

1. Subsection
General provisions on notices

§ 38.

Publication of the award of benefits

§ 39.

Corrigendum to notices

§ 40.

Publication of a description profile

§ 41.

Voluntary announcements at Union level

2. Subsection
Special disclosure requirements for the upper threshold range

§ 42.

Announcements at Union level

§ 43.

Use of CPV in announcements

§ 44.

Announcements in Austria and other media

§ 45.

Notice of preliminary information

§ 46.

Announcement of contracts awarded and concluded framework agreements

3. Subsection
Special disclosure requirements for the sub-threshold range

§ 47.

Announcements in Austria and other media

Section 3
Deadlines

1. Subsection
General provisions on time limits

§ 48.

Calculation of time limits

§ 49.

Principles for the assessment and extension of time limits

§ 50.

Transmission and information periods

2. Subsection
Regular minimum time limits for procurement procedures in the upper threshold

§ 51.

Time limits

§ 52.

Offer periods

3. Subsection
Shorter deadlines for procurement procedures in the upper threshold sector

§ 53.

Offer periods in the accelerated procedure by prior information

§ 54.

Shortened offer and participation periods when using electronic media

§ 55.

Shortened participation and offer periods in the accelerated procedure for urgent procedure

4. Subsection
Rules on deadlines in the sub-threshold range

§ 56.

Participation, offer, transfer and information periods

Section 4
Suitability of entrepreneurs

1. Subsection
Entrepreneurs to be excluded from participation in the award procedure

§ 57.

Exclusion reasons

2. Subsection
Suitability requirements and aptitude tests

§ 58.

Date of appropriation of suitability

§ 59.

Egg declaration, request of the evidence by the client

§ 60.

Evidence of power

§ 61.

Proof of professional reliability

§ 62.

Assessment of professional reliability

§ 63.

Proof of financial and economic performance

§ 64.

Proof of technical performance

§ 65.

Proof of suitability by other entrepreneurs

§ 66.

Quality assurance standards and standards for environmental management

Section 5
The alert

1. Subsection
General provisions

§ 67.

Tendering principles

§ 68.

Contents of the tender documents

§ 69.

Information security

§ 70.

security of supply

§ 71.

Alternative offers

§ 72.

Change offerings

§ 73.

General provisions relating to subcontracting

§ 74.

Special provisions relating to subcontracting

§ 75.

Compliance with labour and social legislation

§ 76.

Corrigendum to the tender

2. Subsection
Special tendering provisions relating to tenders to be submitted electronically

§ 77.

Provisions for the submission of electronic offers

§ 78.

Communication paths

§ 79.

document formats

§ 80.

Encryption

3. Subsection
The performance description and provisions on the performance contract

§ 81.

Type of performance description

§ 82.

Principles of the performance description

§ 83.

Technical specifications

§ 84.

Contract provisions

4. Subsection
Provisions applicable to tendering procedures in the case of procurement procedures in the subthreshold sector

§ 85.

Tendering principles

6.
Execution of individual award procedures

§ 86.

Participants in the negotiated procedure without prior notice

§ 87.

Participants in the non-open procedure with prior notice and in the negotiated procedure with prior notice

§ 88.

Expiry of the non-open procedure

§ 89.

Conduct of the negotiation procedure

Section 7
The offer

1. Subsection
General arrangements for tenders

§ 90.

General provisions

§ 91.

Form of tenders

§ 92.

Content of offers

§ 93.

Special provisions on the content of the offers with functional specifications

§ 94.

Submission of offers in paper form

§ 95.

Time limit for the award

2. Subsection
Special provisions for electronically transmitted offers

§ 96.

General provisions for electronically transmitted tenders

§ 97.

Form, encryption and qualified signature of the offer

§ 98.

Secure concatenation of offer components

§ 99.

Authorisation

8. Section
The award procedure

1. Subsection
Reception and opening of offers

§ 100.

Receipt, custody and opening of offers in paper form

§ 101.

Reception and opening of electronically transmitted offers

§ 102.

Storage of electronically transmitted offers

2. Subsection
Examination of offers and withdrawal of offers

§ 103.

Examination of tenders

§ 104.

Examination of the adequacy of prices-in-depth offer testing

§ 105.

Withdrawal of tenders

3. Subsection
The supplement

§ 106.

Choice of bid for surcharge

§ 107.

Announcement of award decision

§ 108.

Standstill period and award of the award

§ 109.

Effectiveness of the strike

§ 110.

Form of contract conclusion

Section 9
Termination of the award procedure

§ 111.

Basic

§ 112.

Documentation requirements

§ 113.

Archiving of procurement procedures carried out by electronic means

§ 114.

Reasons for the revocation of an award procedure

§ 115.

Notice of revocation decision, standstill period, invalidity of the revocation

4. Main piece
Provisions relating to special contracts and special procedures

Section 1
Provisions on subcontracting

§ 116.

General principles and principles

§ 117.

Thresholds

§ 118.

Provisions on notices

§ 119.

Eligibility criteria for subcontractors

§ 120.

Special provisions for subcontracts on the basis of a framework agreement

§ 121.

Exception to the obligation to award a sub-order

§ 122.

Civil law

Section 2
Award of non-priority service contracts

§ 123.

Non-priority service contracts

Section 3
Provisions relating to the implementation of electronic auctions

§ 124.

Basic

§ 125.

General provisions relating to the implementation of electronic auctions

§ 126.

Special provisions for the implementation of simple electronic auctions

§ 127.

Special provisions for the implementation of other electronic auctions

Section 4
Provisions for the conclusion of framework agreements and the award of contracts

of contracts on the basis of framework agreements

§ 128.

General

§ 129.

Conclusion of framework agreements

§ 130.

Award of contracts under framework agreements

Section 5
Provisions relating to competitive dialogue

Section 131.

General

§ 132.

Participants in the competitive dialogue

§ 133.

Dialog phase

§ 134.

Invitation to tender and award of the order

Part 3
Legal protection in front of the Federal Procurement Office

§ 135.

General

§ 136.

Additional organisational provisions

§ 137.

Additional procedural provisions

Part 4
Non-State control and civil law

§ 138.

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

§ 139.

Claims for damages and recourse against the beneficiary

§ 140.

Contracting authority's right of withdrawal

§ 141.

Relationship with other legislation

Section 142.

Competence and procedures

§ 143.

Effect of a discerning discovery on the completed contract

Part 6
Penal, final and transitional provisions

§ 144.

Criminal provisions

§ 145.

Entry into force and transitional provisions

§ 146.

Release and entry into force of regulations

§ 147.

Applicability of the provisions of this Federal Act

§ 148.

Enforcement

Section 149.

Referrals, personal names

§ 150.

References to acts of the Union

Annex I: List of Military Equipment

Annex II: List of activities according to § 5 Z 1

Annex III: Priority Services

Annex IV: Non-priority services

Annex V: List of relevant professional and commercial registers certificates and
Declarations in accordance with § § 60 (1) and (61) (2) (1)

Annex VI: Information provided in the upper threshold range in notices referred to in
§ § 38, 45, 46, 53 and 112 must be included

Annex VII: Information contained in notices of subcontracting (pursuant to § 118)
must be

Annex VIII: Pattern for the publication of award procedures in the
Subthreshold range

Annex IX: Features for publishing

Annex X: Requirements for the devices for electronic receipt of the
Applications for participation or offers

Part 1

Subject matter and definitions

Subject-matter

§ 1. (1) This federal law governates

1.

the procedures for the procurement of services (procurement procedures) in defence and security matters, such as the award of works, supply and service contracts by contracting entities, the subject-matter of which shall include:

a)

the supply of military equipment, including related parts, components and/or kits,

b)

the supply of sensitive equipment, including related parts, components and/or kits,

c)

Construction services, supplies and services directly related to the one in the lit. (a) and (b) equipment at all stages of their life cycle; or

d)

Construction and services specifically for military purposes or sensitive construction services and sensitive services,

2.

the legal protection in connection with procurement procedures in accordance with Z 1, which fall within the scope of the Federal Government's education and training, and

3.

the procedures relating to the non-state control of procurement procedures in accordance with Z 1 and certain civil-law consequences.

Procurement procedures subject to different rules

§ 2. (1) A part of the performance of an award procedure is subject to the provisions of the Federal Act on the award of contracts, BVergG 2006, BGBl. I No 17, but the other part of the performance is subject to the provisions of this Federal Law, the award procedure shall be carried out in accordance with the provisions of this Federal Law, provided that the award of a single contract for objective reasons is justified.

(2) A part of the performance of an award procedure is subject to the provisions of this Federal Act and the other part of the performance is neither the provisions of this Federal Act nor the provisions of the BVergG 2006, so the provisions of this Act shall apply. Federal law not, provided that the award of a single contract is justified on objective grounds.

(3) The decision on the award of a single contract must not be made with the objective of circumventing the application of the BVergG 2006 or this federal law.

Definitions

§ 3. Within the scope of this Federal Act, the following definitions shall apply:

1.

Change Offering is an offer by a tenderer which, with regard to the performance of the tender, includes a minor technical, but equivalent, change, such as in the choice of material, usually at the position level, which is the result of the tender Performance, however, does not deviate to such an extent as an alternative offer.

2.

Alternative offer is an offer via an alternative power proposal of the bidder.

3.

Offer is the declaration of a tenderer to want to provide a certain service against payment in accordance with specified conditions.

4.

Offer Component Each separate part of an offer consisting of several parts (such as independent documents, evidence, declarations, documents, independent files) is a separate part.

5.

Offer Body is the constituent part of the supply which must contain at least the following information:

a)

the name (company, business name) and the place of business of the tenderer; in the case of a working group, the name of a representative authorised to conclude and process the contract award procedure and the contract, stating his address,

b)

the electronic address of the post entitled to receive the post,

c)

the total price or offer price, indicating the extent of any discounts and surcharges, and, if the award was made in part or for the whole performance or for parts of the same variants, also the total or total price of the product, or Partial offer prices and the variation offer prices,

d)

in the case of variable prices, unless appropriate ÖNORMen have been declared to be applicable, the rules and conditions which enable a clear price calculation to be made;

e)

Any alternative or change offer prices as well as

f)

The offer content directory.

6.

Offer content directory is the complete listing of the other supply components enclosed or separately submitted to the main offer.

7.

Working Community is an association of several entrepreneurs who, without prejudice to the other provisions of the internal relationship existing between them, are in solidarity with the contracting entity for the purpose of providing a performance in the field of the same or a variety of disciplines.

8.

Contracting entities is any legal entity which contracts or intends to award a contract to a contractor for the purpose of providing services for remuneration.

9.

Contractor Any entrepreer who is contractually agreed shall be responsible for providing the contracting entity with a charge for remuneration.

10.

RFQ is the declaration by the contracting authority, addressed to a specific or indefinite number of entrepreneurs, in which it determines the performance of which it wishes to obtain the provisions (notice, invitation to tender and auction documents, description of the subject). the requirements and requirements of the competitive dialogue, information on the performance to be awarded and the further procedure for the direct award of the contract with prior notice).

11.

Building is the result of a set of deep or high-construction works which, in essence, is intended to fulfil an economic or technical function.

12.

Applicant is an entrepre or an association of entrepreneurs who wishes to participate in an award procedure and that is the result of a request for participation or a request or a request, or has indicated the retrieval of tender documents.

13.

Bidder is an entrepre or an association of entrepreneurs who has submitted an offer.

14.

Bietergemeinschaft is an association of several entrepreneurs for the purpose of reaching a common offer which may be content in the field of the same or different subject areas.

15.

Electronic is a procedure in which electronic devices are used for processing (including digital compression) and data storage, and in which information on cables, radio, optical methods or others electromagnetic methods are transmitted, transmitted and received.

16.

Decision shall be any determination of an adjudicating entity in the award procedure.

a)

The following decisions, which appear outward in appearance, shall be subject to a separate countervailable decision:

aa)

in the non-open procedure with prior notice: the invitation to tender (invitation to submit a request for participation); the non-admission to participation; the invitation to tender; other provisions during the offer period; the withdrawal of an offer; the decision of revocation; the award decision;

bb)

in the negotiated procedure with prior notice: the invitation to tender (invitation to submit a request for participation); the non-admission to participation; the invitation to tender; other provisions during the negotiation phase, or during the offer period; the withdrawal of an offer; the decision of revocation; the award decision;

cc)

in the negotiated procedure without prior notice: the invitation to tender; other provisions during the negotiation phase, or during the offer period; the withdrawal of an offer; the decision of revocation; the award decision;

dd)

in the framework agreement: with regard to the procedure leading to the conclusion of the framework agreement, the separately countervailable decisions in accordance with sublit. (aa), cc) or dd) except for the award decision; the decision to be taken by which business or with which entrepreneurs the framework agreement is to be concluded; in the case of a framework agreement concluded with several entrepreneurs, the re-call to competition; the withdrawal of an offer; the withdrawal decision; the award decision;

ee)

in the case of the competitive dialogue: the invitation to tender; the non-admission to participation; the invitation to participate; the non-consideration of a solution in the dialogue phase; the conclusion of the dialogue phase; the invitation to tender, the invitation to tender; the invitation to participate; the invitation to participate; the invitation withdrawal of an offer; the decision of revocation; the award decision;

ff)

in the case of direct award procedures, the choice of award procedure;

gg)

in the case of direct award of the contract, with prior notice: the choice of award procedure; the contract notice.

b)

Decisions which cannot be challenged separately are all the other decisions which are subject to a separate challenge and which are subject to the prior decisions. These can only be challenged in the follow-up examination request, which is directed against the following separately contested decision.

17.

European technical approval is a positive technical assessment of the usefulness of a product with regard to the fulfilment of the essential requirements for construction equipment; it shall be based on the specific characteristics of the product and of the application and Conditions of use. European technical approval shall be granted by an organisation approved for this purpose by another Member State of the EU or by any other party to the EEA Agreement.

18.

Research and development are all activities involving basic research, applied research and experimental development. Experimental development may be the production of technological demonstration systems, which are devices for demonstrating the performance of a new concept or a new technology in a relevant or representative environment, .

19.

Intellectual Services are services which do not necessarily lead to the same result, because their essential content consists in solving a task by providing mental work. For such accomplishments, it is possible to describe the performance (constructive performance description), but not a prior unambiguous and complete description of the performance of such services.

20.

Common technical specification is a technical specification drawn up in accordance with a procedure recognised by a Member State of the EU or by any other party to the EEA Agreement, and in the Official Journal of the European Union (EU) or Union).

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 is well beyond the scale of damage events of daily life and in the process of life and (a) the health of a large number of people is seriously threatened or restricted, has a significant impact on property, or requires vital supply measures for the population; a crisis is also present if the occurrence of a such damage event shall be considered to be imminent, and in the Case of armed conflicts and wars.

22.

Criteria:

a)

Selection criteria the non-discriminatory, business-related criteria defined by the contracting authority in the order in which they are defined shall be criteria for the performance of the contract, according to which the quality of the candidates shall be assessed and the selection in the non-discriminatory manner open procedures with prior notice and/or after prior call for competition, in the negotiated procedure with prior notice, or after a prior call for competition, in non-open competitions or in a competitive dialogue.

b)

Eligibility criteria the non-discriminatory minimum requirements laid down by the adjudicating entity to the applicant or tenderer to be determined in accordance with the provisions of this Federal Law shall be the minimum requirements for the content of the candidates.

c)

Award criteria or Award criterion

aa)

in the case of the choice of the most technically and economically advantageous tender, the non-discriminatory and non-discriminatory and related to the subject-matter of the contract shall be the same as those offered by the contracting authority in relation to or exceptionally in the order of importance Criteria according to which the most technically and economically advantageous tender is determined, such as quality, price, technical value, usefulness, environmental characteristics, operating costs, costs throughout the service life, profitability, customer service and technical assistance, delivery date and delivery and/or delivery Implementation period, security of supply, interoperability and properties when used or

bb)

is in the choice of the offer with the lowest price of the price.

23.

Lifecycle are all successive phases which a product passes through, in particular research and development, industrial development, manufacturing, repair, modernization, modification, maintenance, logistics, training, testing, withdrawal and Disposal.

24.

Solution is the non-binding presentation of the means of meeting the needs and requirements of the contracting authority, which is the subject of discussions between the participant, in the course of a competitive dialogue by a participant in the dialogue. and the client.

25.

Military Equipment is the equipment specially designed for military purposes or adapted for military purposes and intended for use as weapons, munitions or war material. It shall include, in particular, the Annex I said goods.

26.

Standard is a technical specification adopted for repeated or continuous application by a recognised standards body, but compliance with which is not compulsory and which falls within one of the following categories:

a)

European Standard : The standard adopted by a European standards body and accessible to the public.

b)

International Standard : The standard adopted by an international standards body and accessible to the public.

c)

National Standard : The standard adopted by a national standards body and accessible to the public.

27.

Qualified electronic signature is an electronic signature, which meets the requirements of § 2 Z 3a of the Signature Act (SigG), BGBl. I No 190/1999.

28.

Government is any national, regional or local authority of a Member State of the EU, or of any other party to the EEA Agreement or of a third country.

29.

In writing means any representation consisting of words and numbers, which can be read, reproduced and communicated. This can also include electronically transmitted and stored information. If the requirement of writing is provided for in this Federal Law, this requirement will also be met by electronic means.

30.

Sensitive equipment, sensitive construction or services equipment, construction or services for security purposes in which classified information is used or which require and/or involve classified information.

31.

Secure concatenation is the linking of an offer component in electronic form with the offer body by the entry of the respective file name and the hash value formed from this file in the offer content directory and the following secure electronic signing of the offer body.

32.

SubOrder is a contract concluded between a successful tenderer and one or more contractors for the execution of a contract or part thereof.

33.

Technical Reference Size , any reference framework which is not an official standard and which has been drawn up by the European standards bodies in accordance with the procedures adapted to the needs of the market.

34.

Technical Specifications:

a)

Technical specifications in the case of works contracts, all the technical requirements contained in particular in the tender documents shall be a construction performance, a material, a product or a supply by means of which the construction work, the material, the product or the They can be designated in such a way that they fulfil their intended use by the contracting authority. These technical requirements include environmental performance levels, design for all requirements (including access for people with disabilities), as well as conformity assessment, requirements for usability, safety or security, or Dimensions, including conformity assessment procedures, terminology, symbols, testing and testing methods, packaging, marking and labelling, instructions for use, as well as production processes and methods. They shall also include the rules for the design and calculation of works, the conditions for the inspection, inspection and acceptance of works, the methods or methods of construction and all other technical requirements which may be applied to: the contracting entity is in a position to provide for finished works or the materials or parts necessary to do so by means of general or specific provisions.

b)

Technical specifications in the case of supply and service contracts, specifications contained in a document which prescries the characteristics of a product or service, such as quality levels, levels of environmental performance, shall be the concept for all Requirements (including access for persons with disabilities), as well as conformity assessment, requirements for use, use, safety or dimensions of the product, including the provisions relating to: Sales designation, terminology, symbols, tests and test methods, packaging, Marking and labelling, instructions for use, production processes and methods, as well as conformity assessment procedures.

35.

Entrepreneurs are legal entities, such as natural or legal persons, public bodies or associations of such persons and/or bodies, registered partnerships or working and bidding communities, which are the subject of the Execution of construction services, the supply of goods or the provision of services.

36.

Related Company is any company whose annual accounts are concluded in accordance with Section 228 of the German Corporate Code (UGB), dRGBl. S 219/1897, with which the adjudicating entity, applicant or tenderer is consolidated; in the case of contracting authorities, candidates or tenderers not covered by this provision, affiliated undertakings shall be those on which the contracting entity, the applicant or tenderers may exercise a dominant influence directly or indirectly, or which may exercise a dominant influence on the contracting entity, candidate or tenderer, or who, like the adjudicating entity, candidate or tenderer, may exercise the the dominant influence of another company, be it on the basis of the ownership, financial participation or any other provisions applicable to the undertaking. A dominant influence shall be presumed if an enterprise possesses, directly or indirectly, the majority of the subscribed capital of another undertaking or the majority of the capital subscribed to it by the shares of another undertaking. Voting rights or more than half of the members of the administrative, management or supervisory body of another company may order.

37.

Procurement control authorities The contracting entities subject to the supervision of the award of this federal law are appointed federal and state authorities subject to this federal law.

38.

Giving body is the organizational unit or the authorized representative of the contracting authority, which who shall carry out the award procedure for the contracting authority.

39.

Classified information (classified information) information or Material to which a degree of classification has been assigned irrespective of the form, nature or type of transmission, or for which a need for protection has been recognised and which (s) has been recognised in the interests of national security and in accordance with the the laws, regulations and administrative provisions in force against misuse, destruction, removal, disclosure, loss or access by unauthorised persons or any other type of disclosure to unauthorised persons must be protected.

40.

Defence Standard (military standard) is a technical specification approved by a standardisation body specialising in the elaboration of technical specifications for repeated or permanent defence applications, and the compliance of which is not is mandatory.

41.

Revocation Decision is the non-binding declaration of intent to withdraw an award procedure to entrepreneurs.

42.

Declaration of revocation (Withdrawal) the employer's statement of the contracting authority, a contract award procedure without the award of a contract or a contract award procedure, shall be without the identification of the winner (s) or the winner (s) of the participant (s).

43.

Time stamp is an electronic certificate that certain electronic data are located at a specific point in time

44.

Central Procurement Office is a contracting authority in accordance with § 4 Z 1 to 3; an adjudicating entity of another Member State of the EU or of another Contracting Party to the EEA Agreement which meets the requirements laid down in that legislation, or a European public body which meets the requirements laid down in this legislation, or The

a)

purchases certain goods and/or services for the contracting authorities, or

b)

contracts for contracting entities or concludes framework agreements for contracting entities relating to construction, supply or services.

45.

Civilian Procurement are procurement procedures, for the procurement of non-military services for logistical purposes; non-military services are services of which the goods are subject to performance other than those referred to in § 1 (1) (1) (1) (1) (1).

46.

Award decision is the non-binding declaration of intent to which bidders are to be awarded the contract to bidders.

47.

Award of award (surcharge) shall be the written declaration made to the tenderer to accept his offer.

Part 2

Procurement procedures for contracting entities

1. Main item

Scope, principles

Section 1

Personal and factual scope (order types)

Contracting entities

§ 4. This federal law applies to the award procedures of contracting authorities, which are

1.

the federal government, the federal states, the municipalities and community associations,

2.

equipment which

a)

have been established for the specific purpose of performing tasks of general interest which are not of a commercial nature, and

b)

are at least partially legal and

c)

financed mainly by contracting entities pursuant to Z 1 or by other bodies within the meaning of Z 2, or which are subject to supervision by the latter with regard to their management, or whose administrative, management or supervisory bodies are subject to a majority of members who have been appointed by contracting authorities in accordance with Z 1 or by other bodies within the meaning of Z 2;

3.

Associations consisting of one or more contracting entities in accordance with Z 1 or 2,

4.

public undertakings pursuant to Section 165 (2) of the BVergG 2006, which carry out a sector activity in accordance with § § 167 to 172 of the BVergG 2006,

5.

private contracting entities which do not fall under Z 1 to 4 and exercise a sector activity in accordance with § § 167 to 172 of the BVergG 2006 on the basis of special or exclusive rights pursuant to § 166 (2) BVergG 2006.

Works contracts

§ 5. Works contracts are contractual contracts, the subject of which is the subject of the contract

1.

the execution or simultaneous execution and planning of construction projects in connection with one of the Annex II , or

2.

the execution of a building, or

3.

the provision of a building service by third parties in accordance with the requirements specified by the contracting authority, irrespective of the means by which this is carried out,

is.

Supply Orders

§ 6. Supply orders are contractual contracts whose subject matter is the purchase, lease, rental, lease or rate purchase, with or without the option of purchase, of goods, including secondary works such as laying down and installation.

Service contracts

§ 7. Service contracts are contractual contracts which are not contracts of construction or supply and the subject-matter of which is the subject of services within the meaning of the Annexes III (priority service contracts) or IV (non-priority service contracts).

Demarcation arrangements

§ 8. (1) Contracts for remuneration which include both deliveries within the meaning of § 6 and services within the meaning of § 7 shall be regarded 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 considered as supply contracts.

(2) Contracts for remuneration which are both services within the meaning of § 7 and construction services in the sense of the Anhanges II as auxiliary work in relation to the main object of the contract shall be considered to be service contracts.

(3) Contracts for the payment of priority services in accordance with Annex III as well as non-priority services in accordance with Annex IV , shall be considered as priority service contracts if the value of the services referred to in Annex III is greater than that of the services referred to in Annex IV . Is the value of the services referred to in Annex IV greater than that of the services referred to in Annex III , contracts shall be deemed to be non-priority service contracts.

Award procedures excluded from the scope of the law

§ 9. (1) This federal law does not apply

1.

for contracts to be applied in accordance with the exceptional provisions of Articles 36, 51, 52, 62 or 346 of the Treaty on the Functioning of the European Union (TFEU),

2.

for contracts which are subject to special rules of procedure of an international organisation, or contracts awarded on the basis of the special procedure of an international organisation,

3.

for contracts which are subject to special procedural rules and which have been concluded on the basis of an international agreement concluded between the Republic of Austria and another Member State of the European Union and one or more third countries or agreement,

4.

for contracts which are subject to specific procedural rules and which are based on an international agreement or arrangement relating to the residence of troops, undertakings of a Member State of the European Union or of a Member State the third country,

5.

for contracts in which the application of the provisions of this federal law would compel the federal government or a country to provide information whose disclosure, in its opinion, is contrary to its essential security interests,

6.

for contracts for the purposes of intelligence activities,

7.

for contracts awarded under a cooperation programme based on research and development and by at least two Member States of the European Union for the development of a new product and, where appropriate, the subsequent Phases of the whole or part of the life cycle of this product. At the conclusion of such a cooperation programme between Member States alone, the Member States of the European Commission (Commission) share the share of research and development expenditure in the total cost of the programme, the agreement on the sharing of costs and, where appropriate, the projected share of the procurements per Member State,

8.

for contracts awarded in a third country, including civil procurements, in the context of the use of military or security forces outside the territory of the European Union, where the use requires that they be used in the operations are to be concluded between local economic operators,

9.

for contracts awarded by the Federal Government, one country or one municipality to the Government of another Member State of the EU, another Contracting Party to the EEA Agreement or a third country, and the following benefits:

a)

the supply of military equipment or sensitive equipment,

b)

directly related to the equipment referred to in (a) construction and services, or

c)

Construction and services specifically for military purposes or sensitive construction services and sensitive services,

10.

in the case of contracts awarded by a contracting entity,

a)

on which the contracting authority exercises supervision, as well as through its own service, and

b)

which essentially provides their services to the contracting entity or entities which hold or make up their shares,

11.

for service contracts relating to the acquisition or rental of or rights to land or existing buildings or other immovable property, irrespective of the financing arrangements thereof;

12.

for service contracts relating to arbitration and conciliation activities,

13.

for financial services, with the exception of insurance benefits,

14.

for employment contracts,

15.

for research and development services, in addition to the results of which are exclusively the property of the contracting authority for its use in the performance of its own activities and the services shall be wholly owned by the contracting entity Remunerated,

16.

for the procurement of supply or services by entities from a central purchasing body, provided that the central purchasing body, in the procurement of these supply or services, follows the provisions of this Federal Law ,

17.

for the procurement of supplies or services by contracting entities from a central purchasing body of another Member State of the EU or of any other party to the EEA Agreement, provided that the central purchasing body is responsible for the procurement of supplies or services. The procurement of these supplies or services has complied with the rules of procedure in accordance with all the provisions of Directive 2009 /81/EC, and where effective remedies can be brought against the contracts which have been issued, the rules of procedure and the the provisions of Directive 2009 /81/EC,

18.

for the commissioning of a central procurement agency by contracting entities with the procurement of construction, delivery or services for these contracting entities, provided that the central purchasing authority is responsible for the procurement of these works, supplies or services. Services comply with the provisions of this Federal Act,

19.

for the appointment of a central procurement agency of another Member State of the EU or of any other Contracting Party to the EEA Agreement by contracting entities with the procurement of construction, supply or services for such contracting entities, provided that the central procurement agency complies with the rules of procedure in accordance with all the provisions of Directive 2009 /81/EC in the procurement of such works, supplies or services,

20.

for the procurement of construction, supplies or services by contracting entities from a European public institution as a central purchasing body, provided that the European public body is responsible for the procurement of such works, supplies or services; or Services in accordance with all the provisions of Directive 2009 /81/EC, and subject to the application of effective remedies against contracts awarded under Title IV of Directive 2009 /81/EC the legal remedies provided for,

21.

for the commissioning of a European public institution by contracting entities with the procurement of works, supplies or services for these contracting entities, provided that the European public body is responsible for the procurement of such works, supplies and services. or services in accordance with procedural rules consistent with all the provisions of Directive 2009 /81/EC.

(2) The Client shall record in writing the reasons for the exemption from the scope of this Federal Law.

Section 2

threshold values, calculation of the estimated performance value

Thresholds

§ 10. (1) Procedures of contracting entities for the award of contracts shall be made in the upper threshold range if the estimated order value

1.

in the case of supply and service contracts, at least EUR 387 000;

2.

in the case of construction contracts, at least EUR 4 845 000.

(2) Procedures of contracting entities for the award of contracts shall be carried out in the sub-threshold range 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 contract value

§ 11. (1) The basis for the calculation of the estimated order value of an order is the total value without VAT, which is expected to be paid by the client. In this calculation, account shall be taken of the estimated total value of all the services related to the project, including all options and any extension of the contract.

(2) If the contracting entity provides for premiums or payments to candidates or tenderers, it shall take them into account in the calculation of the estimated value of the contract.

(3) The estimated contract value of the service to be issued shall be determined by the adjudicating entity in a knowledgeable way prior to the execution of the procurement procedure. The relevant date for the investigation shall be the date of initiation of the award procedure by the adjudicating entity. In the case of award procedures with prior notice, this is the date of transmission of the contract notice in accordance with § 38, and in the case of award procedures without prior notice, the first shall be the first to appear outside the publication.

(4) The choice of the calculation method used must not be used to circumvent the application of the provisions of this Federal Law.

(5) A construction project or a procurement project with the aim of obtaining a certain quantity of goods and/or services may not be divided into substantially identical sub-orders or otherwise distributed for the purpose of: To withdraw projects of the application of this Federal Law.

Calculation of estimated order value for works contracts

§ 12. (1) If a building project consists of several lots for which a separate contract is awarded in each case, the estimated total value of all these lots shall be set as the estimated value of the order. The loose within the meaning of this Federal Act shall also apply to commercial activities within the meaning of Anhanges II (Gewerke).

(2) In calculating the estimated value of works contracts, in addition to the contract value of the works, the estimated total value of all the goods required for the execution of the works shall be included, which shall be the basis of the contract. Contracting entities shall be made available.

(3) In the event that the cumulative value of the lots exceeds or exceeds the threshold value referred to in Article 10 (1) (2) (2), the provisions of this Federal Act shall apply to the award of works contracts in the upper threshold range for the award of all lots. This shall not apply to those lots whose estimated order value is less than EUR 1 million, provided that the cumulated value of the number of lots chosen by the contracting entity does not exceed 20 vH of the aggregate value of all lots. For the award of these lots, the provisions of this Federal Act shall apply to the award of works contracts in the sub-threshold range.

(4) In the event that the aggregate value of the lots exceeds or exceeds the threshold value referred to in § 10 (1) (2) (2), the provisions of this Federal Act shall apply to the award of works contracts in the sub-threshold range for the award of all lots. The value of the individual trade union is considered to be the estimated value of the contract for the selection of the procedure for the award of contracts in the sub-threshold range.

Calculation of estimated order value for supply contracts

§ 13. (1) In the case of supply contracts, the estimated order value shall be as follows:

1.

in the case of fixed-term contracts for a period not exceeding 12 months, the estimated total amount of charges likely to be paid during the term of the contract;

2.

in the case of fixed-term contracts with a maturity of more than 12 months, the estimated total amount of charges to be paid during the duration of the contract, including the estimated residual value;

3.

in the case of permanent contracts or in the case of an unclear contract period, 48 times the monthly salary which is likely to be paid.

(2) In the case of regularly recurring supply contracts, the estimated value of the order shall be either:

1.

the actual total value of the corresponding successive orders in the previous financial year or the financial year or the preceding twelve months, where possible, taking into account the anticipated changes in quantities or costs during the twelve months following the original contract, or

2.

the estimated total value of the successive orders received during the twelve months following the first delivery or the financial or financial year following the first delivery. for the financial year, to the extent that it is longer than 12 months.

(3) If a supply consists of the procurement of similar delivery services in several lots for which a separate contract is awarded, the estimated total value of all these lots shall be set as the estimated order value.

(4) In the event that the cumulative value of the lots exceeds or exceeds the threshold value referred to in § 10 (1) (1) (1), the provisions of this Federal Law shall apply to the award of supply contracts in the upper threshold range for the award of all lots. This shall not apply to those lots whose estimated order value is less than EUR 80 000, provided that the cumulated value of the number of lots chosen by the contracting entity does not exceed 20 vH of the aggregate value of all lots. For the award of these lots, the provisions of this Federal Act shall apply to the award of supply contracts in the sub-threshold range.

(5) In the event that the aggregate value of the lots exceeds or exceeds the threshold value referred to in § 10 (1) (1) (1), the provisions of this Federal Act shall apply to the award of supply contracts in the sub-threshold range for the award of all lots. Persons whose estimated order value is less than EUR 75 000 may be forgiven by direct award, provided that the aggregate value of the number of lots chosen by the contracting entity does not exceed 40% of the aggregate value of all lots.

Calculation of estimated order value for service contracts

§ 14. (1) For orders relating to the following services, the estimated value of the order shall be:

1.

in the case of insurance benefits, the insurance premium and other charges;

2.

in the case of contracts which are subject to planning services, fees, commissions and other comparable allowances.

(2) In the case of service contracts for which no total price is given, the estimated value of the order shall be:

1.

in the case of fixed-term contracts with a duration of not more than 48 months, the estimated total value for the duration of the contract;

2.

in the case of contracts with permanent contracts or contracts with a duration of more than 48 months, 48 times the monthly salary to be paid.

(3) In the case of periodic service contracts, the estimated value of the order shall be either:

1.

the actual total value of the corresponding successive orders in the previous financial year or the financial year or the preceding twelve months, where possible, taking into account the anticipated changes in quantities or costs during the twelve months following the original contract, or

2.

the estimated total value of the successive contracts awarded during the twelve months following the first provision of the service or the financial or financial year following the first service provision. for the financial year, to the extent that it is longer than 12 months.

(4) If a service consists of the provision of similar services in several lots for which a separate contract is awarded in each case, the estimated total value of all these lots shall be set as an estimated order value.

(5) In the event that the cumulative value of the lots exceeds or exceeds the threshold value referred to in § 10 (1) (1) (1), the provisions of this Federal Act for the award of service contracts in the upper threshold area shall apply for the award of all lots. This shall not apply to those lots whose estimated order value is less than EUR 80 000, provided that the cumulated value of the number of lots chosen by the contracting entity does not exceed 20 vH of the aggregate value of all lots. The provisions of this Federal Act for the award of service contracts in the sub-threshold range shall apply to the award of these lots.

(6) In the event that the aggregate value of the lots does not exceed or exceed the threshold value referred to in § 10 (1) (1) (1), the provisions of this Federal Act for the award of service contracts in the sub-threshold range shall apply to the award of all Lose. Persons whose estimated order value is less than EUR 75 000 may be forgiven by direct award, provided that the aggregate value of the number of lots chosen by the contracting entity does not exceed 40% of the aggregate value of all lots.

Calculation of estimated contract value of framework agreements

§ 15. The estimated contract value of a framework agreement shall be the total value of all contracts likely to be awarded on the basis of this framework agreement for its entire duration.

Change of thresholds or lot values

§ 16. (1) The Federal Chancellor may, by means of a regulation, instead of the thresholds or lot values set in sections (10) (1), (13) (4) and (5), (5) and (6), (2) and (9), (5), (2), (2), (2), (5), (5), (4), (5), (5), (5) and (6), (3) is required or permitted by international law obligations of Austria or by Union law, or this is appropriate in the interests of a uniform or more economical procedure in the award of contracts, or Set thresholds or loose values.

(2) In so far as the thresholds laid down in § § 10 (1) and (117) are to be aligned with the thresholds as amended by the Commission in accordance with the procedure laid down in Article 68 of Directive 2009 /81/EC, the Federal Chancellor has re-established the newly established thresholds. To make known thresholds in the Bundesgesetzblatt.

Section 3

Principles of award procedure and general provisions

Principles of award procedure

§ 17. (1) Award procedures shall be adopted in accordance with a procedure laid down in this Federal Act, in compliance with the fundamental freedoms and principles of Union law and the principle of non-discrimination, in accordance with the principles of free and fair competition and equal treatment of all candidates and bidders. The award has to be given to authorized, efficient and reliable entrepreneurs at reasonable prices.

(2) The different treatment of applicants and tenderers permitted under international law on the grounds of their nationality or the origin of the goods shall remain unaffected by paragraph 1.

(3) In the implementation of procurement procedures, a territorial restriction or restriction of participation in individual professions, although other entrepreneurs also have the right to provide the service, is inadmissible.

(4) Procedures for the award of contracts shall be carried out only if there is an intention of actually awarding the contract. The contracting authority shall not be obliged to terminate a contract award procedure.

(5) In the award procedure, consideration can be given to the environmental fairness of performance. This can be achieved, in particular, by taking account of environmental aspects (such as energy end-use efficiency) in the description of the performance, the definition of the technical specifications, or the establishment of specific award criteria. of ecological relevance.

(6) The award procedure may include the employment of women, persons in the training relationship, the long-term unemployed, people with disabilities and older workers, as well as measures to implement other social policy concerns. To be taken into account. This may be achieved, in particular, by taking into account such aspects in the description of the performance, the determination of the technical specifications, the establishment of specific award criteria or the establishment of conditions in the Performance contract.

General provisions on candidates and tenderers

§ 18. (1) Applicants or tenderers who are established in the territory of another Member State of the EU or of any other Contracting Party to the EEA Agreement or in Switzerland and who are responsible for the exercise of an activity in Austria in the case of their professional qualifications, a procedure which has to be initiated shall be initiated as soon as possible, but at any rate before the end of the offer period.

(2) Working groups and tenderers may submit tenders or requests to participate, unless, for objective reasons, the invitation to tender declares the participation or formation of working or bidding communities inadmissible. . In addition, the contracting authority may, in the invitation to tender, provide for any limitation of the number of members or the composition of work or bidding communities on objective grounds. The adjudicating entity cannot oblige labor or bidding communities to accept a particular legal form for the purpose of filing an offer or an application for participation. However, the contracting authority may require a working or bidding community to adopt a specific legal form if the contract has been awarded to it, provided that this is necessary for the proper performance of the contract. Working communities and bidding communities are party-capable as such to assert the rights conferred upon them by this Federal Law. In the case of a non-open procedure and in the case of negotiated procedures, the requested candidates shall inform the contracting entity of the formation of a bidder or working group before the end of the half offer period. In the event of a contract, bidding communities as working groups owe the contracting authority the provision of services of solidarity.

(3) Without prejudice to paragraph 2, candidates or tenderers who, in accordance with the legislation of another Member State of the EU or of any other party to the EEA Agreement in whose territory they are established, may be required to provide the relevant information This is not the only reason why they are not rejected because they must be either a natural person or a legal person, in accordance with Austrian legislation.

(4) In the case of contracts involving services or works such as laying down and installation, candidates or tenderers who are not natural persons may, however, be obliged to name and to participate in their offer or in their application for participation; and to indicate the professional qualifications of those natural persons who are to be responsible for the performance of the performance in question.

(5) entrepreneurs who have been directly or indirectly involved in the preparation of the documents relating to the award procedure and those associated with them, provided that their participation would exclude fair and fair competition, shall be excluded from participation in the award procedure in order to perform the award, unless it is not possible to dispense with their participation in duly substantiated exceptional cases.

Reserved orders for sheltered workshops or integrative businesses

§ 19. (1) In the case of procedures for the award of contracts, contracting entities may provide that only sheltered workshops or integrative establishments in which the majority of workers are persons with disabilities, which are based on the nature or the nature of the contract, may provide for the award of contracts. If they are unable to carry out a professional activity under normal conditions, they may or may not be able to carry out such contracts or that such contracts are reserved for such workshops or establishments.

(2) If a notice is made in accordance with § 38, it should be pointed out that the subscriber price or a limitation of the circle of execution according to paragraph 1 is limited.

General provisions relating to the award of benefits and partial benefits

§ 20. (1) Services may be awarded jointly or separately. A separate award may take place in local or temporal terms, in terms of quantity and type of service, or in respect of services of various craft and commercial branches or disciplines. For the purpose of the total or separate award of benefits, economic or technical aspects, such as the need for a uniform implementation and a clear guarantee, shall be decisive.

(2) A surcharge in parts of a total performance advertised shall be inadmissible as well as a mere reservation of partial performance of the partial performance. If the possibility of awarding them in part is to be maintained, both the overall performance and the parts of the service which are to be awarded separately for the award shall be issued. In this case, the tenderer should also be given the opportunity to offer only a few of these parts of the service.

(3) The choice between the award of a single order or the award of a number of separate contracts must not be carried out with the aim of circumventing the application of this federal law.

Confidentiality of documents relating to an award procedure, exploitation rights

§ 21. Contracting authorities, candidates and tenderers shall respect the confidential nature of all the contracting entities and the candidates and tenderers and their documents and their documents.

(2) Unless otherwise provided in this Federal Act, contracting entities may not disclose to them information provided to them by entrepreneurs and provided by them as confidential information. This applies in particular to technical secrets, trade secrets and confidential aspects of tenders.

(3) In so far as property rights or confidentiality interests are infringed, both the contracting authority and the candidates or tenderers shall be allowed to work out the other plans, drawings, designs, models, samples and samples made available by him or her, Use computer programs and the like only with their express consent for themselves or pass them on to third parties.

(4) The contracting authority may reserve the right to recover certain plans, drawings, designs, models, samples, samples, computer programs and the like, for which no remuneration has been requested, made available by the contracting authority.

(5) The candidates or tenderers may reserve the right, in the event that they are not awarded the contract, to reserve those special arrangements and plans, drawings, designs, models, samples, samples made available to them, To require computer programs and the like for which no remuneration is provided. The same applies to special arrangements for alternative offers, of which no use is made.

(6) The adjudicating entity may provide the transmission of technical specifications to candidates or tenderers, the examination and selection of candidates or tenderers and the award of the award with conditions for the protection of the confidentiality of the information provided. The right of candidates or tenderers to agree to the confidentiality of the information provided by them beyond the legally binding measure shall remain unaffected by the right of candidates or tenderers to agree to the confidentiality of the information provided by them.

Protection of classified information

§ 22. Contracting entities may impose conditions on contractors for the protection of classified information, which they pass on in the course of an award procedure. They may also require these entrepreneurs to ensure compliance with these requirements by their subcontractors.

2. Main piece

Types and choice of award procedures

Section 1

Types of award procedures

Types of procedures for the award of contracts

§ 23. (1) Contracts for the award of contracts for benefits shall be awarded by means of a non-open procedure, a negotiated procedure, a framework agreement, a competitive dialogue, a direct award of contracts or a direct award with prior notice shall be made.

(2) In the case of non-open procedures with prior notice, after an unlimited number of entrepreneurs have been publicly invited to submit requests for participation, selected candidates shall be invited to submit tenders.

(3) In the case of a negotiated procedure with prior notice, after an unlimited number of entrepreneurs have been publicly invited to submit requests for participation, selected candidates shall be invited to submit tenders. After that, negotiations can be carried out on the entire order content.

(4) In the case of a negotiated procedure without prior notice, a limited number of suitable entrepreneurs shall be invited to submit tenders. After that, negotiations can be carried out on the entire order content.

(5) A framework agreement is an agreement without obligation to accept a contract between one or more contracting entities and one or more entrepreneurs, with the aim of meeting the conditions for the contracts awarded during a given period , in particular with regard to the envisaged price and, where appropriate, the amount envisaged. On the basis of a framework agreement, a party of the framework agreement with or without a renewed call for competition is referred to a performance after the submission of offers.

(6) In the case of a competitive dialogue, after an unlimited number of entrepreneurs have been publicly invited to submit applications for participation, the contracting entity shall enter into a dialogue with selected candidates on all aspects of the contract. The aim of the dialogue is to identify one or more solutions or solutions to meet the needs and requirements of the contracting entity, on the basis of which the candidates are invited to submit their tenders.

(7) In the case of direct award, a service, where appropriate after the collection of offers or non-binding price information, shall be obtained by one or more entrepreneurs in a form-free form directly from a selected entreprenter for remuneration.

(8) In the case of direct award of a contract notice, after an unlimited number of entrepreneurs have been notified of the intended award of a contract for construction, supply or service, and after obtaining one or more of them, the contract shall be made available in advance of the contract. Several offers, a service free of form from a selected entreprenter for remuneration.

Section 2

Selection of award procedures in the upper and lower thresholds

Selection of the non-open procedure with prior notice and
of the negotiated procedure with prior notice

§ 24. Contracting entities may choose between the non-open procedure with prior notice and the negotiated procedure with prior notice in the award of contracts.

Choice of negotiated procedure without prior notice

§ 25. Contracts may be awarded without prior notice in the negotiation procedure in the following cases:

1.

where, in the context of a non-open procedure, with prior notice or a negotiated procedure with prior notice or a competitive dialogue, no or no in the sense of this Unless the original conditions of the application are substantially amended and a report is submitted to the Commission if it wishes to do so, or if the application has not been submitted in a fundamental way, the Federal Act may not be submitted to the Commission.

2.

if, in the context of a non-open procedure with prior notice or a negotiated procedure with a prior notice or a competitive dialogue, no proper offers are available , or only offers which are not acceptable in accordance with § § 18 (2), 57 to 66, 71, 73 (5) and (74), provided that:

a)

the original terms of the order are not fundamentally changed and

b)

the contracting entity shall include in the negotiated procedure concerned only those authorized, reliable and efficient entrepreneurs who, in the course of the preceding procedure, shall be subject to prior notice or to the preceding competitive dialoges have not been excluded pursuant to § 105 (1) (1) (1) or their offers have not been eliminated and have submitted tenders which have complied with the requirements of § § 90 to 94 and 96 to 98, or

3.

where urgent reasons for reasons of crisis do not allow for the time limits imposed by prior notice or in the negotiated procedure with prior notice in the non-open procedure, or by the time limits laid down in paragraph 55 deadlines, or

4.

if urgent, compelling reasons which are not attributable to the client's conduct, in connection with events which the contracting authority could not have foreseen, do not allow the non-open procedures to be carried out with prior to comply with the terms of the contract notice or the negotiated procedure with prior notice, or to comply with the time limits laid down in accordance with Section 55, or

5.

if, for technical reasons or due to the protection of exclusive rights, the contract can only be carried out by a particular contractor, or

6.

in the case of research and development services not covered by Section 9 Z 15, or

7.

if the supply contract is awarded solely for research and development purposes, but the supply contract does not produce a series production for the proof of the marketability of the product or the coverage of the research and development costs may be used, or

8.

for additional deliveries of the original operator, intended either for the partial renewal of goods or equipment supplied on the market or for the extension of supplies or existing facilities, and for the replacement of the original operator the contractor would have to ensure that the contracting authority would have to buy goods of different technical characteristics and that this would result in technical incompatibility or disproportionate technical difficulties in the use and maintenance of the goods; ; the duration of these contracts may not be five years , with the exception of those cases where this is justified on the basis of the expected useful life of the delivered goods, installations or systems or the technical difficulties caused by a change of the entreprent , or

9.

in the case of the supply of goods which are listed and purchased on stock exchanges, or

10.

in the case of the supply of goods which, under particularly favourable conditions, can be procured by an undertaking definitively setting its business operations, or by a liquidator or liquidator within the framework of a insolvency proceedings or of a similar procedure provided for in the laws, regulations or administrative provisions of the other Member States of the EU or of the other Contracting Parties to the EEA Agreement; or

11.

for additional works or services not provided for in the draft on which the award is based or in the original contract, but which, due to an unforeseen event, shall be designed to carry out the construction or services described therein, or If the contract is awarded to the contractor carrying out the first contract, the total value of the additional works or services shall not be 50 vH of the value of the original construction or service contract exceeds, and either

a)

a separation of these additional works or services from the original order is not technically or economically possible without a substantial disadvantage for the contracting entity; or

b)

a separation from the original order would be possible, but the additional construction or services are strictly necessary for the completion of the contract, or

12.

New construction or services exist in the repetition of similar construction or services, and

a)

the contract shall be awarded by the same contracting authority to the contractor who has already received the original contract;

b)

the construction or services correspond to a basic design and this draft was the subject of the original order, the non-open procedure with prior notice, the negotiated procedure with prior notice or by means of a of a competitive dialogue,

c)

the possibility of applying such a negotiated procedure was already provided for in the first call for tenders,

d)

the award is made within five years of the conclusion of the original contract, with the exception of those cases in which this is due to the expected useful life of the goods, equipment or systems supplied or by a change of the entreprent may be justified by technical difficulties, and

e)

the total contract value envisaged for the continuation of construction or services was used in the calculation of the estimated value of the contract; or

13.

for contracts relating to the provision of air and maritime transport services to dispute or security forces which are to be used or to be used abroad, where the contracting authority is to provide such services to entrepreneurs , which guarantee the validity of their tenders only for such a short period of time that the time limit for the non-open procedure with prior notice or the negotiated procedure with prior notice, or which have been shortened in accordance with § 55 Deadlines cannot be met.

Types of electronic auction and choice of contract award by means of an electronic auction

§ 26. (1) An electronic auction shall be an iterative procedure for determining the bid to be awarded to the contract in which, by means of an electronic device, after a first complete evaluation of the tenders, new tenders shall be issued, in accordance with the procedure referred to in prices and/or new values which are to be adjusted to certain components of the tenders, and which allows for an automatic classification of these tenders.

(2) In the case of the implementation of a non-open procedure with prior notice, a negotiated procedure with prior notice or in the award of contracts under a framework agreement in accordance with the procedure laid down in Article 130 (1) of the Rules of Procedure. 4 (2), (5) and (6) may be awarded contracts by means of a simple electronic auction or by any other electronic auction, provided that the specifications of the contract are clear and complete can be described. The auction may refer only to parts of the supply which are quantifiable in a clear and objectively comprehensible manner in such a way that they can be displayed in figures or in percentages. Works or service contracts which have intellectual achievements-such as the conception of construction services-cannot be the subject of an electronic auction.

(3) In the case of a simple electronic auction, the surcharge shall be made on the offer with the lowest price.

(4) In the case of any other electronic auction, the contract shall be awarded to the most technically and economically advantageous tender.

(5) The adjudicating entity may freely choose between the implementation of a simple or any other electronic auction.

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

§ 27. Contracts may be awarded on the basis of a framework agreement, provided that the framework agreement has been concluded after the implementation of a non-open procedure with prior notice or a negotiated procedure in accordance with § § 24 and 25.

Choice of competitive dialogue

§ 28. (1) Contracts may be awarded by means of a competitive dialogue, if:

1.

these are particularly complex orders, and

2.

it is not possible to award the contract by means of a non-open procedure in the opinion of the contracting authority.

(2) An order shall be considered to be particularly complex within the meaning of paragraph 1 if the contracting entity is not objectively capable of:

1.

the technical specifications referred to in Article 83 (2), with which the requirements and requirements can be met; or

2.

the legal or financial conditions of the project

.

The reasons for the choice of certain award procedures

§ 29. The reasons for the conduct of a negotiated procedure without prior notice or a competitive dialogue shall be recorded in writing.

Section 3

Procurement procedures approved only in the sub-threshold range

Award of contracts

§ 30. (1) Where the estimated value of the contract does not reach or exceed the threshold value referred to in Article 10 (1) (1) (1), construction, supply and priority service contracts may be awarded in a procedure to be followed by the European Union law Fundamental freedoms and principles as well as the prohibition of discrimination. Where necessary on the basis of the value and the object of the order, contracts shall, in principle, be in a procedure with a number of entrepreneurs, which shall ensure an appropriate level of public opinion, and which shall: The principle of free and fair competition is to be awarded. To the extent that a notice is required to ensure an adequate degree of public opinion, notices shall be published in accordance with Section 47 (2) and (3). A notice with the in Annex VIII, Part A In any case, the information referred to in § 47 (2) is required for orders whose estimated value of the order exceeds EUR 200 000. However, a notice of proceedings may be removed if one of the procedures in § § 25 or 31 (1).

(2) The award of contracts in a procedure in accordance with paragraph 1 shall apply exclusively to the 1. Part with the exception of § 3 Z 16, § § 4 to 17, 18 para. 1 to 3 and 5, 19, 35 para. 1 and 2, 36 and 37, 43, 85, and 115, the 3. and 4. Part and the provisions of paragraphs 3 to 9.

(3) The power, performance and reliability of the successful tenderer must be available at the latest at the time of the award. However, contracts may be awarded to entrepreneurs whose assets have opened insolvency proceedings or who are in liquidation or who cease their commercial activities, if their performance is sufficient to do so.

(4) Any decision to be taken separately shall be deemed to be separately subject to the decision of the contracting authority.

(5) The contracting authority shall be shown to indicate to the tenderers remaining in the contract award procedure to which bidder the contract is to be awarded. In this communication, the remaining tenderers shall be informed of the end of the standstill period referred to in paragraph 6, the reasons for the rejection of their offer, the total price, and the characteristics and advantages of the successful offer, unless the Disclosure of this information would be contrary to public interests or the legitimate business interests of entrepreneurs or would harm the free and fair competition. There is no obligation to notify the award decision if:

1.

the contract shall be the sole or is to be granted to the only bidder remaining in the procurement procedure, or

2.

if, on the basis of the conditions laid down in Articles 25 (3), (4) and (13), a notice of the procedure has been removed.

(6) The adjudicating entity must not award the contract with other absolute invalidity within the standstill period. The standstill period shall begin with the dispatch of the notification of the award decision and shall be seven days.

(7) The adjudicating entity may revoke an award procedure if there are factual reasons for this. The adjudicating entity must either inform or announce the withdrawal decision or directly declare the revocation.

1.

The decision of revocation shall, in so far as this is possible, be notified without delay and demonstrably to the contractors remaining in the contract award procedure or to make them known on the Internet. The contracting authority shall not declare the revocation of any other invalidity within the standstill period. The standstill period begins with the dispatch of the notification of the withdrawal decision or the first time the notice of the withdrawal decision is made available and is seven days. After the expiry of the standstill period, the client shall notify the withdrawal declaration in the same manner as the revocation decision, or, if this is not possible, to make known on the Internet.

2.

In the case of a direct declaration of revocation, the contracting authority shall, as far as possible, notify the contractor remaining in the contract award procedure without delay and demonstrably from the withdrawal declaration, or if it is known to it on the Internet. .

(8) The contracting authority shall disclose the award of an order in a procedure in accordance with paragraph 1 at the latest 20 days after the award of the award in accordance with § 47 (2). This notice shall contain:

1.

a notice of any notice as referred to in paragraph 1;

2.

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

3.

description of the subject of the contract;

4.

Total price.

(9) The adjudicating entity must make a statement on each contract awarded, which indicates the essential operations of the award procedure and the reasons why it is decisive. In the case of a contract award procedure, the estimated value of the contract exceeds EUR 200 000, and the award is to be made in accordance with § 112.

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

§ 31. (1) In the sub-threshold range, contracts may be awarded in the negotiated procedure without prior publication of a contract notice, if:

1.

as a result of a particularly favourable opportunity for a very short period of time, goods or services may be procured by an entreprenter at a price which is significantly below market prices, or

2.

services may be procured on particularly favourable terms by an entrepre who shall cease to operate, or by a liquidator or liquidator in the course of insolvency proceedings or in the case of a liquidator or liquidator in the law, or administrative provisions of the other Member States of the EU or of the other Contracting Parties to the EEA Agreement.

(2) contracting entities may award contracts for intellectual services in a negotiated procedure without prior notice with only one contractor, provided that the implementation of an economic competition is based on the costs of the Procurement procedure for the client is not economically justifiable and the estimated order value 50vH of the threshold value according to § 10 para. 1 Z 1 is not reached.

Direct award

§ 32. (1) For the award of orders by contracting entities by means of direct award, only the § § 1, 2, 3 Z 16, 4 to 9, 11 to 14, 16 para. 1, 17 para. 1 to 4, 23 para. 8, 34 para. 2, 69, 70, the 3. and 4. Part and the provisions of paragraphs 2 to 4.

(2) Direct award is only permitted if the estimated order value does not reach EUR 75 000.

(3) The offers or non-binding price information obtained in the course of the implementation of a direct award shall be documented accordingly.

(4) The power, performance and reliability of the successful tenderer must be available at the latest at the time of the award. However, in the case of entrepreneurs whose assets are subject to insolvency proceedings or who are in liquidation or who cease their commercial activities, contracts may be awarded through direct award of contracts where their performance is to that end.

Direct award with prior notice

§ 33. (1) For the award of contracts by contracting entities by means of direct award with prior notice, only the first shall apply. Part with the exception of § 3 Z 22, § § 4 to 9, 11 to 14, 16 para. 1, 17 para. 1 to 4, 23 para. 8, 34 para. 3, 35 para. 1 and 2, 69, 70, 111 para. 1, 115 para. 9, the 3. and 4. Part and the provisions of paragraphs 2 to 7.

(2) Direct award with prior notice shall be permitted only if the estimated order value

1.

in the case of supply and service contracts, EUR 200 000 and

2.

in the case of construction contracts, EUR 500 000

is not achieved.

(3) The contracting authority shall make known the intended award of a construction, supply or service order by means of a direct award with prior notice pursuant to § 47 (2) and (3) of the contract. The notice shall contain at least the following information:

1.

the name of the contracting authority,

2.

the purpose of the performance, the place of performance and the period of performance,

3.

Note where more information is available on the performance to be supplied and on the further course of the proceedings, and

4.

express designation as direct award with prior notice.

(4) The adjudicating entity must establish objective, non-discriminatory criteria relating to the subject-matter of the contract, on the basis of which the choice of the entreprenter, or the trader shall be the person who is which are sought after, and on the basis of which the successful offer is determined.

(5) The adjudicating entity shall immediately inform, after the award of the contract, of the entrepreneurs who have applied for participation in the direct award procedure, or who have made an offer, to which contractor the contract has been awarded. has been granted. This notice shall indicate the total price.

(6) The power, performance and reliability of the successful tenderer must be available at the latest at the time of the award. However, in the case of entrepreneurs whose assets are subject to insolvency proceedings or who are in liquidation or who cease their commercial activities, contracts may be awarded by means of a direct contract award notice, if their performance is enough.

(7) The adjudicating entity shall immediately announce the declaration of revocation to the entrepreneurs who have applied for the direct award procedure with prior notice or have placed an offer to the contract.

The reasons for the choice of certain award procedures

§ 34. (1) The reasons for the conduct of a negotiated procedure without prior notice shall be recorded in writing.

(2) In the case of direct award of the contract, the subject matter and value of the order, the name of the contractor and the examination of the appropriateness of the price shall be recorded in writing, provided that the costs of documentation are economically justifiable.

(3) In the case of a direct award with a prior notice, all the essential provisions and procedures in the award procedure shall be recorded in writing.

3. Main piece

Provisions for the implementation of procurement procedures

Section 1

Ways of transmitting and transmitting information

Transmission of documents or information between contracting authorities and contractors

§ 35. (1) The transmission of tender documents, communications, applications, requests and notifications as well as any other exchange of information between clients and entrepreneurs, unless otherwise specified in this Federal Act , or the contracting entity shall not, exceptionally, specify otherwise, either by fax or by electronic means-in exceptional exceptional cases also by means of a letter of correspondence. Minder's significant communications, calls, notifications and information can also be transmitted orally or by telephone.

(2) The means of communication selected for the transmission of information shall be generally available and shall not lead to discrimination. In addition, in the case of electronic means of communication, the technical characteristics must not be discriminatory and the means of communication must be provided with the general information and communication technology products. be compatible.

(3) The admissibility of the delivery of electronic offers shall be announced as early as possible and at the latest in the tender documents.

(4) An electronic transmission of tender documents, offers and documents relating to the valuation of tenders shall be subject to a qualified electronic signature, or be carried out in such a way that the verifiability of the completeness, authenticity and integrity of the transmitted data records is ensured with the quality of a qualified electronic signature.

(5) The chosen type of electronic information transmission in accordance with paragraph 4 shall, in any event, ensure that the completeness, authenticity, integrity and confidentiality of the information transmitted is guaranteed. The requirements of the devices for receiving electronically transmitted data records in connection with an award procedure shall be subject to the requirements of the Hanges X .

(6) The contracting authority and the contractor shall have to disclose a fax number or an electronic address to which all documents and information can be submitted in a legally valid way. Electronically transmitted broadcasts shall be deemed to be transmitted as soon as their data has entered the electronic control area of the recipient.

(7) Debates, requests for information from entrepreneurs, information provided by the contracting authority and all declarations and documents (e.g. offers, evidence) which are based on the decision on the award of the contract, provided that they are exclusively in electronic form created or shall be transmitted, in that form and with the content, the date of the author or the absence of the said content, or In the case of the contracting authority, it must be clearly indicated that a subsequent change in the content and the time of the author, the absence of the originator or the originator, must be clearly marked. of the client can be determined by the client.

Statistical obligations of the contracting entities

§ 36. (1) Commissioned by the Federal Minister of Economy, Family and Youth for forwarding to the Federal Minister for Economic Affairs, Family and Youth by 31 August of each year, contracting authorities which fall within the full drawing area of a country shall be subject to the following conditions: Commission to submit statistical statements on the contracts awarded in the previous year in the upper threshold.

(2) The statistical tables referred to in paragraph 1 shall, in any case, contain the following information for upper-threshold procedures:

1.

the number and the value of the contracts awarded broken down according to the ranges of goods, after the construction works or in accordance with the relevant categories of the Common Public Procurement Vocabulary (CPV), as well as

2.

The number and value of the award procedures carried out without prior notice, broken down by the figures in accordance with § 25.

(3) In so far as the Commission determines in the procedure provided for in this respect that the statistical orders have to contain further information, including where appropriate also the sub-threshold range, the Federal Chancellor has provided more detailed information on the subject provisions on these further information, as required in accordance with the provisions of the Commission.

Transmission of other documents

§ 37. Insofar as this federal law, with the exception of the participation or transfer obligations under the correction mechanism or of a procedure by the Republic of Austria with the Commission pursuant to Section 138, notification or reporting obligations to the Commission, to other Member States of the EU or to other parties to the EEA Agreement has, in the case of procurement procedures, that: the contracting authority, in the case of award procedures which fall within the full drawing area of a country, the contracting authority shall, by means of the respective state government, the Federal Minister for Economic Affairs, the Family and Youth of the Federal Republic of Germany to provide the necessary documentation. This has to be forwarded to the Commission, to other EU Member States or to other parties to the EEA Agreement by the Permanent Representation of Austria to the EU, and to inform the Federal Chancellor of this.

Section 2

Notices

1. Subsection

General provisions on notices

Publication of the award of benefits

§ 38. (1) To be known:

1.

the proposed award of a contract of construction, supply or service in the non-open procedure with prior notice or in the negotiated procedure with prior notice;

2.

-use of the negotiated procedure without prior notification of the conclusion of a framework agreement, unless the possibility of applying the negotiated procedure is made use of-the intended conclusion of a framework agreement;

3.

the intended award of a building, supply or service contract by means of a competitive dialogue.

(2) The notice shall expressly indicate the need for an official decision concerning the admissibility of the exercise of an activity in Austria and the obligation pursuant to section 18 (1) of the notice.

(3) The adjudicating entity shall indicate in the contract notice which proof or evidence is available for the power, professional reliability, financial and economic performance and technical performance. or, if requested by the contracting authority, to submit them.

(4) The contracting authority shall indicate in the contract notice whether or not he/she has any of the possibilities or Make use of the requirements in accordance with § § 73 (5) and (74). In the contract notice, the client has the obligation to make the announcement of the subcontractors already selected and for the announcement of any change at the level of the subcontractors in the course of the performance of the order (§ § § § 3). 92 (1) (3) and (4).

(5) If a non-open procedure is to be carried out with prior notice, a negotiated procedure with prior notice or a framework agreement after a renewed call for competition in accordance with § 130 (4) (2) (2) of the The offer to which the contract is to be awarded shall be determined by means of an electronic auction, the notice referred to in paragraph 1 (1) (1) and (2) shall contain a definition in this respect.

Corrigendum to notices

§ 39. If rectification of notices is required, it shall be made known as the original notice.

Publication of a description profile

§ 40. (1) The client may publish a buyer profile on the Internet.

(2) The profile may be made known, information on current tendering procedures, planned contracts, contracts awarded, procedures revoked and any other information relating to a contract award procedure or information of general interest. Interest such as contact point, telephone number or fax number, postal address and electronic address.

Voluntary announcements at Union level

§ 41. (1) The adjudicating entity may make notices and notices which are not subject to a disclosure obligation pursuant to this Federal Act to the Commission by using any existing relevant standard forms for notices. ,

(2) Where a procurement procedure has been carried out without prior notice in the upper threshold range, the contracting authority may, using the relevant standard form for announcements, make the decision known to the Commission, to which: Bidding shall be awarded to tenderers.

(3) The transmission of notices and communications pursuant to paragraphs 1 and 2 shall be carried out by electronic means in accordance with the procedures for the transmission of notices and communications made known by the Federal Chancellor in accordance with Section 42. The contracting authority must be able to demonstrate the date of dispatch of the contract notice.

2. Subsection

Special disclosure requirements for the upper threshold range

Announcements at Union level

§ 42. The adjudicating entity shall have notices and communications from the Commission using the relevant standard forms for notices and in accordance with the requirements of the Anhanges IX shall be transmitted. The transmission of the data of the notices and notices in the online procedure shall also be deemed to be the transmission. The transmission of notices and communications shall be carried out by electronic means, and in exceptional cases by fax. The Federal Chancellor has to make known the procedures laid down by the Commission for the transmission of notices and communications in the Federal Law Gazprom. The contracting authority must be able to demonstrate the date of dispatch of the contract notice. In the event that data is made available online, the registration of the data in the online system shall be deemed to be sent.

Use of CPV in announcements

§ 43. In the case of notices, the contracting entities shall use the names and codes of the Common Vocabulary for Public Procurement (CPV) in order to describe the subject of the contract.

Announcements in Austria and other media

§ 44. (1) The Federal Chancellery and the national governments shall each have to establish an electronic publication medium for the respective full drawing area by means of a regulation, in which the contracting entities make additional announcements in the upper threshold range or, in any case, to publish it. This Regulation provides for more detailed provisions concerning the transmission of notices to the medium of publication and the procedures and arrangements to be followed in the light of the transmission and publication of notices. Benefits.

(2) In the case of a notice as referred to in paragraph 1, the availability of the contents must be guaranteed at least until the expiration of the application period or period of application.

(3) Further announcements in other suitable publication media shall be free of the contracting authorities.

(4) Notices referred to in paragraph 1 or 3 in official or private publication media shall not be published before the date of dispatch of the notice to the Commission. Notices may contain only the information contained in the notices sent to the Commission or which have been published as pre-information in a description of the notices. The notices shall have the date of dispatch of the notice to the Commission, or indicate the date of publication in the hardware profile.

Notice of preliminary information

§ 45. (1) If the client wishes to make use of the possibility of shortening the offer period in accordance with § 53, he/she must make known a prior information in accordance with paragraph 2 or 3.

(2) The pre-information may be forwarded to the Commission for publication, using the relevant standard form. The contracting authority must be able to demonstrate the date of dispatch of the pre-information.

(3) The pre-information can also be published in the client profile of the client. The pre-information may not be published in the buyer profile before the contracting authority, using the relevant standard form, shall publish a notice on the publication of the preliminary information to the Commission . The date of dispatch of the notice to the Commission shall be indicated in the description profile.

(4) The pre-information shall contain the following information:

1.

in the case of supply contracts, broken down by product category, in accordance with the CPV positions, the estimated total value of all contracts or framework agreements which the contracting entity intends to award or conclude in the next twelve months;

2.

in the case of service contracts, broken down according to the categories of services referred to in Annex III , the estimated total value of all contracts or framework agreements which the contracting entity intends to award or conclude in the next twelve months;

3.

in the case of works contracts, the essential characteristics of all contracts or framework agreements which the contracting authority intends to award or to conclude;

The prior information shall be sent to the Commission for publication or to the Commission as soon as possible after approval of the project for which the contracting authority is to award contracts or to conclude the framework agreements. To advertisedprofile.

(5) The prior information expressly refers to the need for a decision by the authorities for the admissibility of the exercise of an activity in Austria as well as the obligation pursuant to Section 18 (1).

Announcement of contracts awarded and concluded framework agreements

§ 46. (1) The adjudicating entity shall disclose to the Commission any contract of construction, supply or service contract awarded and any concluded framework agreement. The information shall be provided to the Commission by the relevant standard form no later than 48 days after the date of the award of the award, or after the conclusion of a framework agreement. The contracting authority is not obliged to disclose the works, supplies or service contracts awarded under the framework agreement.

(2) However, information on the award of contracts or the conclusion of framework agreements shall not be published if their disclosure impedes the enforcement of laws, the public interest, and in particular the defence. and/or the security interests of the Federal Government or of a country, or damage the legitimate commercial interests of public or private entrepreneurs, or affect the free and fair competition between entrepreneurs Would.

The contracting authority may order the Commission to award a contract awarded in a procurement procedure without prior notice or a framework agreement which it shall conclude without prior publication of a contract notice after the award procedure has been carried out. , using the relevant standard form for the upper threshold range. It shall include the name and address of the adjudicating entity and the successful tenderer, a description of the subject of the contract, the total price, and the reasons for the execution of a contract award procedure without prior publication of the contract notice. .

3. Subsection

Special disclosure requirements for the sub-threshold range

Announcements in Austria and other media

§ 47. (1) Notices shall have at least those in Annex VIII , provided that such information has not already been provided and made available in tender documents which are directly accessible to the public and are available for direct access to the information.

(2) In any event, the contracting entities shall publish notices in the sub-threshold range in the publication medium defined in accordance with Section 44 (1) for the respective full-education sector.

(3) The availability of the contents of notices referred to in paragraph 2 and of the tender documents, which can be immediately accessed by electronic means in accordance with paragraph 1, must be guaranteed at least until the deadline for the application or offer period.

(4) Further announcements in other suitable publication media shall be free of the contracting authorities.

(5) Where an award procedure has been carried out without prior notice in the sub-threshold range, the contracting authority may decide to which tenderer the contract is to be awarded in the case referred to in Article 44 (1) for the relevant Full-drawing area defined publication medium. This notice shall, in any event, include the name and address of the contracting authority, a description of the subject of the contract, the name and address of the successful tenderer and the name and address of the successful tenderer and the name and address of the successful tenderer, To record the relevant reasons.

(6) The contracting authority may, in the case of a contract awarded in a procurement procedure without prior notice, or a framework agreement which it has concluded without prior notice after the award procedure has been carried out, in which: publish media as defined in accordance with Section 44 (1) for the respective full-education sector. This notice shall include the name and address of the contracting authority and the successful tenderer. the successful tenderer, a description of the subject of the contract, the total price and the reasons for the execution of an award procedure without prior publication of the contract notice.

Section 3

Deadlines

1. Subsection

General provisions on time limits

Calculation of time limits

§ 48. (1) Without prejudice to the provisions of the General Administrative Procedure Act 1991 (AVG), BGBl, which are applicable to the time limits in the review and fixing procedures. No. 51, are to be found on deadlines within the meaning of this Federal Law § 903 of the General Civil Code (ABGB), JGS No. 946/1811, and the Federal Act on the inhibition of the FristenRun by Saturdays and Good Friday, BGBl. No 37/1961, application.

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

(3) Time limits, which are expressed in days, start at 00.00 o'clock of the day on which the time period begins to run. If, for the beginning of a period measured by days, the date in which an event occurs or an action is taken, the day in which that event or the event is calculated shall not be included in the calculation of that period. Action falls. A period of time shall expire at the end of the last hour of the last day of the period.

(4) Time limits expressed in weeks, months or years shall begin at 00.00 o'clock of the day on which the time limit begins to run. A period of weeks, months or years shall end on the day of the last week, the last month or the last year of the time limit which corresponds to the date on which the period begins to run according to the name or number of the period. If a corresponding date is missing for a period of months, the deadline shall end on the last day of the last month. Time limits expressed in weeks, months or years shall end at midnight on the day on which the deadline expires.

(5) Time limits expressed in hours shall start at the beginning of the first hour at which the time limit begins to run. Where the date on which an event occurs or action is taken at the beginning of a period measured after hours shall not be included in the calculation of that period for the hour at which this event or this event shall be taken into account. Action falls. A period after hours shall end at the end of the last hour of the period.

(6) If the last day of a period falls on Good Friday, Saturday, Sunday or public holiday, the deadline shall end at midnight on the following working day.

(7) The provisions of paragraphs 3 to 6 do not, however, exclude the fact that an act to be carried out before the expiry of a period may only be carried out on the day on which the period expires, only during the ordinary hours of office or business.

Principles for the assessment and extension of time limits

§ 49. (1) The contracting authority shall have to measure and fix time limits in such a way that the entrepreneurs affected by the time limit shall have sufficient time to carry out the relevant actions. In particular, participation and offer periods and time limits for the preparation of solutions in the competitive dialogue shall be such as to ensure that entrepreneurs have sufficient time to decide and draw up requests for participation, offers and solutions remaining. Consideration should be given to circumstances which make it difficult to prepare the offer or to draw up a solution.

(2) The offer period shall be extended in the case of a correction of the publication of the award of benefits (§ 39), if the correction has a significant influence on the preparation of the offers. Any change in the offer period shall be proven to be known to all applicants or tenderers. If this is not possible, it shall be made known in the same manner as the publication of the award of benefits.

Where necessary, the contracting authority shall have the time limit for the receipt of requests for participation, the submission of proposed solutions, or to extend the offer period appropriately if the server on which the requests for participation, proposals for solutions or tenders are to be submitted, is not continuously listening until the time of the expiry of the respective period. Any prolongation of the period shall be notified to all candidates or tenderers. If this is not possible, the extension shall be made known in a suitable form.

Transmission and information periods

§ 50. (1) Where the request is made in a timely way, the contracting authority or the body responsible for it shall provide additional information on the tender documents, on additional documents or on the description in the competitive dialogue. without delay and at least six days in the case of open procedures or accelerated negotiated procedures in accordance with § 55 no later than four days, before the deadline for receipt of tenders shall be given.

(2) In the event of a request for invitation to tender, additional documents or information requested in good time for reasons which cannot be attributed to the trader, may not be sent within the time limits laid down in paragraph 1. Made available or , or tenders may be issued only after a visit to the site or a visit to installations relating to the tender documents on the spot, the time limits for the supply of tenders shall be extended accordingly. The extension shall be such as to allow all operators concerned to be aware of all the information necessary for the preparation of the offer.

2. Subsection

Regular minimum time limits for procurement procedures in the upper threshold

Time limits

§ 51. In the case of a non-open procedure with prior notice, in the case of a negotiated procedure with prior notice and in the case of a competitive dialogue, the time limit to be fixed by the contracting authority for the receipt of requests for participation shall be Award procedures for at least 37 days. It shall begin on the date of dispatch of the notice.

Offer periods

§ 52. In the case of a non-open procedure with prior notice, the deadline for receipt of tenders to be fixed by the contracting authority shall be at least 40 days. It shall begin on the date of dispatch of the invitation to submit tenders and shall end at the time when tenders must be received no later than the date on which tenders are received.

3. Subsection

Shorter deadlines for procurement procedures in the upper threshold sector

Offer periods in the accelerated procedure by prior information

§ 53. The time limit provided for in § 52 for receipt of tenders in the non-open procedure with prior notice may be reduced to 22 days, provided that the contracting authority has at least 52 days, but not more than 12 months before the date of dispatch. a notice in accordance with § § 38 and 42 of the Commission has submitted a preliminary information pursuant to § 45 for publication. The offer period shall begin in the case of non-open procedures with prior notice with the date of dispatch of the invitation to submit tenders. The pre-information shall be given in Annex VI information provided for the publication of pre-information, to the extent that such information is available at the time of publication of the pre-information.

Shortened offer and participation periods when using electronic media

§ 54. (1) Insofar as notices are made electronically using the relevant standard form and by electronic means in accordance with the procedures for the transmission of notices and communications made known by the Federal Chancellor in accordance with Section 42 of the German Federal Chancellor ' s , the deadline for receipt of applications for participation in the award procedure (§ 51) may be submitted in the non-open procedure with prior notice, in the negotiated procedure with prior notice and in the case of a competitive dialogue. are shortened seven days.

(2) Offer periods in the non-open procedure with prior notice (§ 52) may be shortened by five days if the contracting authority, from the date of the initial availability of the relevant contract notice, the tender documents and all additional documents relating to the award procedure have been made available electronically, directly and fully, by electronic means. The notice shall indicate the Internet address under which these documents are available.

(3) The reductions in time limits as set out in paragraphs 1 and 2 shall be cumulative.

Shortened participation and offer periods in the accelerated procedure for urgent procedure

§ 55. If, for reasons of urgency, the client is unable to comply with the normal or the shortened time limits pursuant to § § 51 to 54, the contracting authority may, in the non-open procedure, with prior notice and in the negotiated procedure, with prior notice shall provide for the following deadlines:

1.

at least 15 days for the receipt of applications for participation in the award procedure, calculated from the date of dispatch of the contract notice;

2.

at least 10 days for the receipt of applications for participation in the award procedure, calculated from the date of dispatch of the contract notice, provided that the contract notice is drawn up electronically using the relevant standard form and, electronic means has been transmitted in accordance with the procedures for the transmission of notices and communications made known by the Federal Chancellor in accordance with Section 42;

3.

in the non-open 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 deadlines in the sub-threshold range

Participation, offer, transfer and information periods

§ 56. The time limits for participation and supply should be set appropriately and should be 37 or 40 days not without important reason. Additional information and additional documents should in principle be given within four days, or shall be made available.

Section 4

Suitability of entrepreneurs

1. Subsection

Entrepreneurs to be excluded from participation in the award procedure

Exclusion reasons

§ 57. (1) The adjudicating entity shall, without prejudice to para. 2 and 3-to exclude entrepreneurs from participation in the award procedure, if:

1.

the adjudicating entity is aware of a final conviction against it or, if it is a legal person, a registered partnerships or a working group, physical persons acting in their management , which relates to one of the following facts: restrictive agreements in the case of award procedures (§ 168b of the Criminal Code-StGB, BGBl. No. 60/1974), bribery (§ § 302, 307, 308 and 310 StGB; § 10 of the Federal Act against the Unfair Competition 1984-UWG, BGBl. No. 448), fraud (§ 146 et seq. of the German Criminal Code), infidelity (§ 153 StGB), seizure (§ 153a StGB), misuse of funds (§ 153b StGB), money laundering (§ 165 StGB), treachery of state secrets (§ 252 StGB), membership of a criminal organisation (§ 278a StGB), terrorist organisation (§ 278b StGB), terrorist offences (§ 278c StGB), terrorist financing (§ 278d of the German Criminal Code), training for terrorist purposes (§ 278e of the German Criminal Code), or a call for actions threatened with punishment, and the guessation of terrorism Punishment of threatened actions (§ 282 StGB) or a corresponding offence in accordance with the rules of the country in which the trader has its registered office,

2.

opened insolvency proceedings or dismissed the opening of insolvency proceedings in the absence of a cost-covering property,

3.

they are in liquidation or have ceased their commercial activities, or have ceased to operate,

4.

Against them or, if they are legal persons, registered partnerships or working groups, against physical persons who are active in the management, a final judgment has been given on the grounds of a crime , which calls into question their professional reliability,

5.

in the course of their professional activities, they have committed serious misconduct, in particular a breach of their duty to ensure the information or security of supply in the context of an earlier contract, which the contracting authority has it has been proven that

6.

they do not have the necessary trustworthiness to exclude risks to the security of the Republic of Austria, and it has been established that this has been established, for example by means of protected data sources,

7.

they have not fulfilled their obligations to pay the social security contributions or taxes and charges in Austria or to the rules of the country in which they are established; or

8.

they are found to be guilty of significant false declarations in the provision of information on power, professional reliability, technical performance and financial and economic performance or have not provided this information.

(2) However, in accordance with § § 25 (1) Z 10 and 31 (1), entrepreneurs whose assets have opened insolvency proceedings or who are in liquidation or cease their commercial activities may, however, be subject to a negotiation procedure pursuant to Article 25 (1) (1) (1) (1) (1) (1 , if their performance is sufficient.

(3) The exclusion of entrepreneurs referred to in paragraph 1 may be taken by a distance if:

1.

the participation of which in justified exceptional cases cannot be waived for imperative reasons of general interest; or

2.

in the case of paragraph 1 (7), there is only a slight backlog in respect of social security contributions or taxes and charges.

2. Subsection

Suitability requirements and aptitude tests

Date of appropriation of suitability

§ 58. Without prejudice to the provisions of section 18 (1), the power, performance and reliability must be exercised at the latest

1.

in the case of non-open procedures, with prior notice at the time of the invitation to tender,

2.

in the case of a negotiated procedure, in principle at the time of invitation to tender,

3.

in the framework agreement at the relevant time, in accordance with the procedure chosen for the conclusion of the framework agreement in accordance with Z 1 and 2, and in the case of a renewed call for competition at the time of the expiry of the offer period,

4.

at the competitive dialogue at the time of the invitation to tender

exist.

Egg declaration, request of the evidence by the client

§ 59. (1) The adjudicating entity shall determine the evidence in accordance with § § 60 to 64 of the entrepreneurs participating in a procurement procedure.

1.

professional competence,

2.

professional reliability,

3.

financial and economic performance as well as

4.

technical performance

have been shown. Evidence may only be set as far as justified by the subject-matter of the order.

(2) Applicants or tenderers may also give evidence of their power, reliability and performance by submitting a declaration that they meet the eligibility criteria required by the contracting authority and that the specified evidence on request shall be made available can be provided immediately (egg declaration). Such a declaration shall specify the powers on which the trader has concretely.

(3) In the award of contracts, the contracting authority may require the submission of certain documents by certain candidates or tenderers, provided that this is necessary in the opinion of the contracting authority. In the case of contracts awarded in the upper threshold range, the contracting authority shall, in any event, require the successful tenderer to submit the fixed evidence for the award of contracts; in the case of a award in lots, this shall apply only if the estimated value of the contract is valued at: of the individual lots in accordance with the respective threshold referred to in Article 10 (1).

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

(5) The trader may also demonstrate the power, reliability and performance of a third party through proof of registration in a relevant, generally accessible directory of a third party, in so far as he/she is responsible for the registration of a third party. are available in the timeliness requested by the client and can be directly accessed by the client himself. The contractor may also demonstrate the power, reliability and performance of the business with documents other than those laid down by the contracting authority, provided that the documents specified are not supplied for a justified reason. and the documents submitted may have the same significance as those originally laid down. Proof of the same significance shall be provided by the contractor upon request.

(6) In the event of an offer by a working group or a community of tenderers, each member shall have the power to prove the part of the benefit to which he is concretely in accordance with the conditions laid down in paragraphs 2 and 3.

Evidence of power

§ 60. The contracting authority shall establish, as proof of the existence of the relevant authority in accordance with Article 59 (1) (1) (1), that the contractor is entitled, in accordance with the rules of his/her country of origin, to provide the concrete performance:

1.

in accordance with the rules of the country of origin of the operator, a certificate of registration in the person concerned in Annex V the professional or trade registers of the country of origin, or the submission of the relevant in Annex V , or an afficor statement, or

2.

in the case of a service contract, the submission of the right to carry out the service in question in the country of origin of the trader or a document relating to the person in the country of origin of the undertaking to carry out the service contract The service concerned is a member of a specific organisation.

Proof of professional reliability

§ 61. (1) The adjudicating entity must establish as proof of professional reliability in accordance with § 59 (1) Z 2 that the entrepreneurs have to prove that there is no grounds for exclusion in accordance with § 57 (1). In addition, the adjudicating entity shall have information from the candidates, tenderers and their subcontractors who are eligible for the award of the contract, from the central administrative penalty of the Federal Minister of Finance in accordance with Section 28b of the Foreign Employment Act (AuslBG), BGBl. No 218/1975, to request that they are to be attributed a legally binding punishment in accordance with Section 28 (1) (1) (1) (1) of the German AuslBG (German AusleBG). This information may not be older than six months.

(2) The proof can be used for reasons of exclusion

1.

pursuant to Section 57 (1) (1) to (4), by submitting a trainee from one of the Annex V the professional or commercial register, the criminal record or an equivalent certificate issued by a judicial or administrative authority in the country of origin of the entrepellent, certifying that the grounds for exclusion are not available, and

2.

pursuant to Section 57 (1) (7) of the Code by the submission of the final account statement of the competent social security institution or the last valid residue certificate in accordance with Section 229a of the Federal Tax Code (BAO), BGBl. No 194/1961, or equivalent documents of the competent authorities of the country of origin of the entrepre

shall be provided.

(3) The certificates referred to in paragraph 2 shall be: Residue certificates , statements of account or documents in the country of origin of the trader are not issued or are not mentioned in all cases provided for in § 57 (1) (1) to (4) and (7), the adjudicating entity may make an affidavit or a corresponding one, before of a judicial or administrative authority responsible for that purpose, before a notary or in the case of a professional organisation of the trader's country of origin of the trader's country of origin, require that no reason be given in accordance with paragraph 57 of this Article Paragraph 1, points 1 to 4 and 7.

(4) The authorities and bodies issuing certificates pursuant to para. 2 and 3 shall be forwarded by the Federal Minister for Economic Affairs, Family and Youth to the Federal Minister for European and International Affairs for forwarding to the Commission, which shall: to other Member States of the EU and the other Contracting Party to the EEA Agreement. The Federal Minister for Economic Affairs, Family and Youth has to inform the Federal Chancellor about the contents of this letter.

Assessment of professional reliability

§ 62. (1) The adjudicating entity must base the assessment of the contractor's reliability in particular on the evidence required in accordance with Section 61 (2) and the information obtained pursuant to Section 61 (1) second sentence. If these certificates result in a final judgment within the meaning of Section 57 (1) (1) or (4), the contracting authority shall, on the basis of these certificates, establish or establish a misconduct within the meaning of Section 57 (1) (5) (5) of the German Act on the Judgment of the European Union if the contracting authority has demonstrably knowledge of such a judgment or of such misconduct, the required reliability shall not be given to this contractor unless it is credible that, in spite of this circumstance, he/she shall is reliable.

(2) For the purposes of the second sentence of the second sentence of the second sentence of paragraph 1, the employer shall state that he has taken specific technical, organisational or staffing measures which are likely to result in the re-establishment of the relevant punishable acts or Prevent misconduct. Such measures shall apply, for example:

1.

the introduction of a high-quality report and control system,

2.

the inclusion of an internal audit institution for the periodic review of compliance with the relevant provisions;

3.

the introduction of internal liability and compensation schemes in order to comply with the relevant rules.

(3) The adjudicating entity shall examine the subcontractor's submission and, in assessing the reliability, shall assess the measures imposed by the contractor in relation to the number and seriousness of the offences committed, or Misconduct. In assessing the seriousness of the final punishment pursuant to Section 28 (1) (1) (1) of the AuslBG, account should be taken, in particular, of the number of workers illegally employed and the duration of illegal employment. If more than two legally binding punishments in accordance with Section 28 (1) (1) (1) of the AuslBG (German AuslBG) have occurred or two legally binding punishments have been carried out in accordance with Section 28 (1) (1) of the AuslBG (AuslBG) in short intervals, a more stringent measure must be applied.

Proof of financial and economic performance

§ 63. (1) As proof of financial and economic performance in accordance with section 59 (1) (3), the client may, in particular, require:

1.

a corresponding bank statement (credit information),

2.

proof of a corresponding professional indemnity insurance,

3.

the presentation of balance sheets or extracts from the balance sheet, provided that their disclosure is required by law in the country of origin of the entreprenee,

4.

a declaration of the solidarity of subcontractors to the contracting entity in the event that the contractor is based on the capacity of subcontractors to demonstrate his financial and economic capacity;

5.

a statement of total turnover and, where appropriate, of turnover in the field of activity in which the contract is awarded, for the last three financial years, or for a shorter period of activity, if the undertaking is is not yet so long.

(2) If an entrepre cannot teach the evidence required by the contracting authority from a legitimate reason to be credibly provided by the contracting authority, he may demonstrate his financial and economic efficiency by means of: Submit any other evidence deemed appropriate by the adjudicating entity.

Proof of technical performance

§ 64. (1) As proof of the technical performance in accordance with Article 59 (1) (4) (4), the contracting authority may, depending on the nature, quantity or scope and intended use of the goods to be supplied, the construction or services to be provided, in particular those referred to in paragraph 5 bis 8.

(2) If the adjudicating entity requires proof of services rendered (references), it shall be provided in the form of a certificate issued or certified by the adjudicating entity if the nominee has been a contracting authority, which certificate shall be issued by the contracting authority. The customer can also direct the client directly. If the beneficiary has not been a contracting authority, proof of performance (references) shall be in the form of a certificate issued by the beneficiary or, if such a certificate is not available, by means of a certificate issued by the beneficiary. Simple declaration of the entrepre.

(3) In any case, the following information must be provided in the form of references to the services provided (references):

1.

the name and registered office of the beneficiary and the name of the person responsible for the information;

2.

the value of the service;

3.

Time and place of service provision;

4.

Whether the performance has been performed professionally and correctly.

(4) Where evidence of benefits provided by the trader in working groups is provided, the proportion of the service provided by the trader shall be indicated.

(5) As proof of technical performance, in the case of supply contracts, in particular, the following may be required:

1.

a list of the essential deliveries made in the last five years;

2.

a description of the technical equipment, the measures taken by the entreptit for quality assurance and the investigative and research facilities of the entreprenter, as well as the internal rules of the entreprant on industrial property rights;

3.

information on technical experts or technical bodies, whether or not they are affiliated with the company, in particular those responsible for quality control;

4.

Samples, descriptions and/or photographs of the products to be supplied, the authenticity of which must be verifiable at the request of the contracting authority;

5.

Certificates issued by competent institutions or by official bodies responsible for quality control certifying that the goods specified by the relevant references shall be subject to certain specifications or standards in accordance with

6.

in the case of goods to be supplied in a complex manner or in the case of goods to be delivered which, exceptionally, are intended to serve a specific purpose, a control which the adjudicating entity or on behalf of which is to be supplied by a competent official body in the country of origin of the entrepre is carried out. This control shall cover the production capacity and, if necessary, the investigative and research facilities of the entreprenter, as well as the measures taken by the entreprtiy for quality control;

7.

in the case of supply contracts for which installation or assembly work or corresponding services are required, the evidence of formal qualifications and certification that the trader or the managers of the entreprenter shall also have the professional competence, expertise and experience required for the installation or assembly work or for the relevant services;

8.

a statement showing the annual average of the number of employees employed in the last three years and the number of managers in the last three years;

9.

a description of equipment, equipment, technical equipment and the number of employees and their know-how and/or sources of supply, with an indication of the geographical location of the entreprent, in the event that the operator is outside the Union, to which the trader may have recourse in order to carry out the contract, to cover any increase in needs of the contracting entity as a result of a crisis situation, or the maintenance, modernisation or adjustment of the contracts awarded under the contract to ensure goods delivered;

10.

in the case of supply contracts for which installation or assembly work is required, the certificate that the trader has the professional competence, technical knowledge and experience required for the provision of the laying or assembly work.

(6) As proof of technical performance, the following may be required in particular for works contracts:

1.

a list of the building services provided over the last five years;

2.

information on technical experts or technical bodies, whether or not they are affiliated to the company, in particular those responsible for quality control or the quality of the quality of the information provided to the undertaking, or entrepreneurs will be able to carry out the construction project;

3.

evidence of formal qualifications and certificates relating to the professional qualifications of the entreprenter and managers of the entreprenter, in particular the persons responsible for carrying out the work;

4.

in the case of construction services, the nature of which justifies a corresponding request by the contracting authority, the indication of the environmental management measures which the contractor intends to apply when carrying out the order;

5.

a description of equipment, equipment, technical equipment and the number of employees and their know-how and/or sources of supply, with an indication of the geographical location of the entreprent, in the event that the operator is outside the Union, which the trader can rely on in order to carry out the contract or to cover possible increases in demand from the contracting authority as a result of a crisis situation;

6.

a statement showing the annual average of the number of employees employed in the last three years and the number of managers in the last three years;

7.

the certificate that the trader possesses the professional competence, expertise and experience required for the provision of the construction services.

(7) As proof of technical performance, in particular, service contracts may be required:

1.

a list of the essential services provided over the last five years;

2.

a description of the technical equipment, the measures taken by the entreptit for quality assurance and the investigative and research facilities of the entreprenter, as well as the internal rules of the entreprant on industrial property rights;

3.

information on technical experts or technical bodies, whether or not they are affiliated with the company, in particular those responsible for quality control;

4.

in the case of services of a complex nature or in the case of services which, exceptionally, are intended to serve a specific purpose, a control carried out by the contracting authority or on the latter's behalf by a competent official body in the country of origin of the entreprent is carried out. This control shall relate to the technical performance and, if necessary, the investigative and research possibilities of the entreprenter, as well as the measures taken by that operator for quality control;

5.

evidence of formal qualifications and certificates relating to the professional qualifications of the entreprenter and managers of the entreprenter, and in particular those responsible for the provision of services;

6.

in the case of services, the nature of which justifies a corresponding request by the contracting authority, the indication of the environmental management measures which the trader intends to apply when carrying out the contract;

7.

a description of equipment, equipment, technical equipment and the number of employees and their know-how and/or sources of supply, with an indication of the geographical location of the entreprent, in the event that the operator is outside the Union, which the trader can rely on in order to carry out the contract or to cover possible increases in demand from the contracting authority as a result of a crisis situation;

8.

a statement showing the annual average of the number of employees employed in the last three years and the number of managers in the last three years;

9.

the certificate that the trader possesses the professional competence, expertise and experience required for the provision of the service.

(8) In the case of contracts in which classified information is used or which require and/or involve classified information, the contractor may require proof that he/she is responsible for the processing, storage and transmission of such classified information. on the security level requested by the adjudicating entity. This proof must comply with the requirements of § § 55 to 55b Security Policy Act (SPG), Federal Law Gazette No. 566/1991, or 23 and 24 Military Powers Act (MBG), BGBl. I No 86/2000. Security reviews of other Member States must be recognised, provided that the Information Security Commission established pursuant to § 8 Information Security Act (InfoSiG), Federal Law Gazette I No. 23/2002, has established that it is responsible for the SPG and the MBG positive outcome of the security checks, or Reliability tests are equivalent. However, the contracting authority may carry out further own investigations and shall take into account, if deemed necessary.

Proof of suitability by other entrepreneurs

§ 65. In order to demonstrate the necessary capacity or power, an entreprenter may, for a given contract, be able to rely on the capacity of other entrepreneurs, irrespective of the legal nature of the existing business between him and those entrepreneurs. Connections are supported. In that case, he must provide proof that he/she is actually available for the execution of the order to the extent available to the other entrepreneurs, to the extent necessary.

Quality assurance standards and standards for environmental management

§ 66. (1) In order to demonstrate that the contractor meets certain quality assurance standards, the contracting entity shall require the submission of certificates of independent and accredited bodies, it shall refer to quality management systems which shall: comply with relevant European standards and are certified by independent accredited bodies, which comply with European certification and accreditation standards. Equivalent certificates issued by independent accredited bodies of other Member States of the EU or of any other party to the EEA Agreement must be recognised. The contracting authority must also recognise other evidence of equivalent quality management systems.

(2) In the cases referred to in Article 64 (6) (4) and (7) (6) (6), the adjudicating entity shall require the submission of certificates by independent bodies to demonstrate that the contractor complies with certain environmental management standards, he shall be required to: EU Eco-Management and Audit Scheme (EMAS) or environmental management standards based on relevant European or international standards and certified by appropriate bodies , which are those of Union law or relevant European or international certification standards. Equivalent certificates issued by bodies of other Member States of the EU or from bodies of any other party to the EEA Agreement must be recognised. The contracting authority must also recognise other evidence of equivalent environmental management measures.

Section 5

The alert

1. Subsection

General provisions

Tendering principles

§ 67. (1) The benefits must be made known in good time, unless an award procedure is applied without prior notice, in such a way that the award is made possible in accordance with the procedures laid down in this Federal Law.

(2) The tender documents shall, where possible, lay down technical specifications in such a way as to take account of the access criteria for persons with disabilities or the design for all users.

(3) The tender documents shall be drawn up in such a way as to ensure the comparability of tenders and to ensure that prices are not calculable without taking over and, unless a functional performance description is carried out in accordance with Section 81 (3). -can be determined without extensive preliminary work by the bidders.

(4) Any involvement of third parties in the preparation of an invitation to tender shall be documented.

(5) The preparation of an invitation to tender shall be entrusted only to persons who fulfil the technical conditions for this purpose. If necessary, unbiased experts shall be included.

(6) Provided that the issuing body has the technical and other requirements, the tender documents and all other documents required for the preparation of the offers shall be available exclusively by electronic means. .

Contents of the tender documents

§ 68. (1) In the tender documents or in the contract notice, the contracting entity or the contracting entity and the awarding body must be specified in detail and indicate whether the award of the service provided for in the contract is subject to the provisions of this Regulation. Federal law for the upper and lower thresholds and the regulations issued for this purpose, and which contracting authority is responsible for the control of this procurement procedure.

(2) The tender documents shall include the documents deemed necessary or to be submitted in accordance with § § 60, 61, 63 and 64 in accordance with § § 60, 61, 63 and 64, to the extent that they have not already been mentioned in the notice.

(3) In the upper threshold range, the contracting entity may award the contract to the most technically and economically advantageous tender or to the offer with the lowest price. Where the contract is to be awarded to the most technically and economically advantageous tender, the contracting authority shall, in the contract notice or in the tender documents, have all the criteria for the award of which it is intended to be used in proportion to the contract awarded to them. to indicate the relevant importance. This information may also be provided by the establishment of a margin, the maximum breadth of which must be appropriate. Where, in the opinion of the contracting authority, the determination of the award criteria in relation to the significance attributed to them is not possible in the opinion of the contracting authority, the contracting authority shall, in the contract notice or in the tendering documents, have all Award criteria, the use of which it provides, shall be indicated in the order of importance attributed to them. Where the contract notice or the tender documents do not specify the principle of the award, the contract shall be awarded to the lowest price offer.

(4) The tender documents shall contain technical specifications.

(5) The contracting authority may include in the tender documents conditions which are to be fulfilled during the performance of the services. These conditions may, in particular, be social or environmental content, relate to subcontracting (§ 74) or aim at the fulfilment of the obligations of the contracting authority with regard to the security of classified information and the Security of supply requirements.

Information security

§ 69. In the case of contracts for which classified information is used or which require and/or involve such classified information, the contracting authority shall specify in the tender documents all the measures and requirements necessary to ensure that: To ensure the protection of such classified information at the prescribed level of safety.

(2) The client may, in particular, request the following information in the offer:

1.

the declaration of commitment by the tenderer and the subcontractors already selected, throughout the duration of the contract and after termination or expiry of the contract, the confidentiality of any or all of the parties in their possession or knowledge of the confidentiality of the contract; to protect classified information in an appropriate manner, in accordance with the rules in force,

2.

the declaration of commitment by the tenderer, by other subcontractors to which he subcontracts in the course of the execution of the contract, to obtain a declaration of commitment in accordance with Z 1;

3.

all information on sub-contractors already selected, which shall enable the contracting entity to determine whether each sub-contractor is capable of the confidentiality of the classified information to which he/she is responsible for the execution of his/her subcontracting be granted access or to be drawn up within that framework, in an appropriate manner,

4.

a declaration of commitment by the tenderer to provide the information required in Z 3 about each new subcontractor prior to the subcontract being awarded.

(3) As long as the national regulations on safety inspections are not harmonized at Union level, the requirements referred to in paragraph 2 must comply with the provisions of § § 55 to 55b SPG and § § 23 and 24 MBG. Security reviews of other Member States shall be recognised, provided that the Information Security Commission has established that they are responsible for the safety checks carried out in accordance with the SPG and the MBG with a positive result, or Reliability tests are equivalent. However, the contracting authority may carry out further own investigations and shall take into account, if deemed necessary.

(4) The adjudicating entity may, where appropriate, grant additional time to applicants who have not yet been subject to security checks, in order to obtain such a review. In such a case, the contracting authority shall notify this possibility and the time limit in the notice.

(5) The contracting authority may request the national safety authority of the applicant's country or the designated safety authority of that country to verify that the premises and facilities which are likely to be used, the intended use of the equipment, the Production and administrative procedures, procedures for the treatment of information and/or the personal situation of the personnel likely to be employed in the context of the contract are in accordance with the safety rules to be complied with.

security of supply

§ 70. (1) The adjudicating entity shall define its requirements for security of supply in the tender documents.

(2) The client may, in particular, request the following information in the offer:

1.

a certificate or documents certifying to the satisfaction of the contracting authority that the tenderer can fulfil the obligations of the TFEU in respect of the export, transfer and transit of goods, including supporting documents of the or the Member State concerned,

2.

an indication of all restrictions on the disclosure, transfer or use of the products and services or of the results of such products, which apply to the contracting authority on the basis of export control or security restrictions and services,

3.

a certificate or documents certifying that the organisation and location of the supplier's supply chain allow it to meet the security of supply requirements specified by the contracting authority in the tender documents and the undertaking to: the tenderer to ensure that any possible changes in its supply chain during the execution of the order will not affect the performance of those requirements,

4.

a commitment by the tenderer to create and/or maintain the capacity required to meet the potential needs of the contracting entity as a result of a crisis situation, subject to conditions to be agreed;

5.

supporting documents submitted by the national authorities of the tenderer with regard to meeting the supplementary needs of the contracting authority as a result of a crisis situation;

6.

the undertaking of the tenderer to ensure the maintenance, modernisation or adaptation of the goods delivered under the contract;

7.

the tenderer ' s undertaking to inform the contracting entity in good time of any change in its organisation, supply chain or corporate strategy which could affect its obligations to the contracting entity;

8.

the undertaking by the tenderer to make available to the contracting entity, under conditions to be agreed, any specific means necessary for the manufacture of spare parts, components, kits and special test equipment, including: technical drawings, licences and operating instructions, provided that he is no longer able to supply those goods.

(3) A tenderer may not be required to obtain a pledge from a Member State which would restrict the freedom of that Member State, in accordance with the relevant international and Union law, its to apply its own criteria for the granting of an export, shipment or transit authorisation under the conditions applicable at the time of the approval decision.

Alternative offers

§ 71. (1) Only in the case of contracts which are to be awarded on the basis of the criterion of the technically and economically the most favourable offer, the contracting entity may allow alternative offers. In the invitation to tender, the contracting authority shall expressly state whether and what kind of alternative offers are authorised. If the contracting authority has not provided an indication of the admissibility of alternative offers, alternative offers shall not be permitted. Where alternative offers are permitted, alternative offers shall, moreover, unless otherwise expressly laid down in the invitation to tender, shall be admissible only in addition to an offer for tender.

(2) In the tender documents, the contracting authority shall explain and describe in what manner the minimum requirements which alternative offers must meet with regard to their comparability with the performance of the tender. These tenders must be submitted. The contracting authority may take into account only those alternative tenders in the procurement procedure which meet the minimum requirements laid down.

(3) A contracting authority which has approved alternative offers as referred to in paragraph 1 shall not reject a given alternative offer solely because, if it is to be awarded the contract, it shall be subject to a supply contract and not to a supply contract. a service contract or a service contract and would not lead to a supply contract within the meaning of this federal law.

Change offerings

§ 72. (1) If the client does not specify otherwise in the invitation to tender, amendments shall be admissible. The contracting authority may limit the admissibility of alterations to certain positions and may prescribe the fulfilment of certain minimum requirements. If the delivery of amendments is permitted, amendments shall, moreover, unless otherwise expressly laid down in the invitation to tender, shall be admissible only in addition to a tender offer for tender.

(2) The contracting authority shall indicate in the tender documents the manner in which these tenders must be submitted.

General provisions relating to subcontracting

§ 73. (1) The tenderer may freely choose his subcontractors, provided that no special stipulations concerning subcontracting services have been made pursuant to § 74. In particular, the offeror shall not be required to discriminate against potential subcontractors on grounds of nationality.

(2) The distribution of the entire order is inadmissible, with the exception of purchasing contracts and the transfer to affiliated companies.

(3) The distribution of the entire order or of parts of the service shall be permitted only in so far as the subcontractor possesses the power, efficiency and professional reliability required for the execution of his part. Subcontractors may prove their necessary power, efficiency and professional reliability in accordance with § 59 (2) to (4).

(4) In the invitation to tender, the contracting authority shall determine whether all or only the essential parts of the order which the tenderer intends to award in any event or possibly by subcontracting to third parties are to be announced in the tender.

(5) The adjudicating entity may refuse the subcontractors identified by the tenderer in his offer or selected by the successful bidder during the execution of the order. The refusal may only take place on the basis of the criteria used in the selection of tenderers for the main contract. The contracting authority shall inform the tenderer or the successful tenderer of the reasons for the refusal of a subcontractor.

(6) The liability of the Contractor shall not be affected by provisions of the Contractor in accordance with § § 73 and 74.

Special provisions relating to subcontracting

§ 74. (1) The adjudicating entity may require the successful tenderer in the invitation to tender to grant all or certain sub-orders which the successful tenderer intends to award to third parties in accordance with the provisions of the first paragraph of this article. Section of the 4. Main item to be forgiven.

(2) The contracting authority may require the successful tenderer in the invitation to tender to have a certain percentage of the contract in accordance with the provisions of the first subparagraph. Section of the 4. Main item to be awarded to third parties. The contracting authority shall specify the percentage in the form of an appropriate margin of value, including the minimum and maximum percentages, the maximum percentage of which shall not exceed 30 vH of the order value. In determining the margin of value, the object and the value of the contract as well as the nature of the industrial sector concerned, in particular the level of competition prevailing on that market and the relevant technical capabilities of the industrial base.

(3) Until the required percentage referred to in paragraph 2 has been reached, any subcontracting which falls within the margin of value specified by the contracting entity shall be set off for the fulfilment of the required percentage. The tenderer may propose to grant to third parties a portion exceeding the prescribed percentage of the total order value.

Compliance with labour and social legislation

§ 75. (1) All procurement procedures to be carried out in Austria are those of Conventions Nos 29, 87, 94, 95, 98, 100, 105, 111, 138, 182 and 183 of the International Labour Organisation, BGBl. No 228/1950, No 20/1952, No 39/1954, No 81/1958, No 86/1961, No 111/1973, BGBl. III No 200/2001, BGBl. III No 41/2002 and BGBl. III No 105/2004.

(2) In the invitation to tender, the contracting authority must stipulate that the tender must be drawn up for services to be provided in Austria, taking into account the employment and social legislation in force in Austria, and that: the tenderer undertakes to comply with these rules when carrying out the order in Austria. These rules shall be kept ready for inspection by interested bidders and candidates in the organization of the statutory representation of employers and employees responsible for the execution of the order. This shall be expressly indicated in the tender documents.

Corrigendum to the tender

§ 76. (1) Where changes in the invitation to tender are required during the period of supply, the tender documents and, if necessary, the notice shall be corrected and, if necessary, extended accordingly to the period of supply.

(2) If a correction of the tender documents is necessary, it is demonstrably necessary to submit the correction to all candidates or tenderers. If this is not possible, the corrigendum shall be made known in the same way as the call for tenders.

2. Subsection

Special tendering provisions relating to tenders to be submitted electronically

Provisions for the submission of electronic offers

§ 77. (1) The admissibility of the submission of electronic offers shall be announced at the latest in the tender documents. In the event that a contracting entity has not provided an indication of the admissibility of the submission of electronic offers, the submission of tenders shall not be permitted by electronic means.

(2) If the submission of tenders is authorised by electronic means in accordance with paragraph 1, the tender documents shall indicate whether tenders are to be made solely by electronic means or whether tenders are submitted electronically or in paper form. can be delivered. In the event that the client has not provided an indication, the submission of tenders shall be permitted both electronically and in paper form.

Communication paths

§ 78. (1) The adjudicating entity shall not discriminate against the communication path or the communication channels on which tenders may be submitted and, together with an electronic address to which tenders may be submitted, shall: shall be notified, at the latest, in the tender documents.

(2) The established communication path or the defined communication paths must be suitable for establishing a connection secured from end to end.

document formats

§ 79. The client has the document format or the document formats in which offers and/or document formats are available. It is possible to establish non-discriminatory supply components and to make known at the latest in the tender documents. Only document formats that can be provided with a qualified electronic signature may be required for offers that are created in a single document, and for offer main parts.

Encryption

§ 80. (1) The adjudicating entity shall be notified of the authorised or authorised procedure for the encryption and decryption of tenders, at the latest in the documents relating to the invitation to tender.

(2) The encryption and decryption procedures shall be in accordance with the standard of strong encryption according to the state of the art.

3. Subsection

The performance description and provisions on the performance contract

Type of performance description

§ 81. (1) The description of the power can be carried out either constructively or functionally.

(2) In the case of a constructive performance description, the services shall be broken down according to the partial performances to be provided.

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

Principles of the performance description

§ 82. (1) In the case of a constructive performance description, the services shall be described in such a clear, complete and neutral manner that the comparability of the offers is ensured. A constructive performance description shall contain technical specifications and shall be supplemented, if necessary, by plans, drawings, models, samples, samples and the like.

(2) In the case of a functional performance description, the technical specifications in accordance with § 83 shall describe the performance objective in such a sufficiently precise and neutral manner that all conditions and circumstances governing the preparation of the offer can be identified. . From the description of the performance, both the purpose of the finished performance and the requirements placed on the performance must be recognizable in technical, economic, design and function-related terms, to the extent that the The comparability of the offers with regard to the performance or functional requirements specified by the client is guaranteed. Performance and functional requirements must be sufficiently specified to provide candidates and tenderers with a clear idea of the subject matter of the contract and to enable the contracting authority to award the contract. A functional description of performance shall contain technical specifications, plans, drawings, models, samples, samples and the like, to the extent that such specifications are available to the client.

(3) The performance and the task must not be circumscribed in such a way that certain bidders enjoy competitive advantages from the outset.

(4) In the description of the performance, the specifications for the supply of environmentally sound products or for the provision of services in the context of environmentally sound processes shall also be applicable, where appropriate in accordance with the respective state of the art. and the current market offer is possible. Performance and functional requirements shall, insofar as this is possible on the basis of the task, include requirements for the environmental fairness of the performance.

(5) In the preparation of the description of the performance and the task, the performance is also related to any future current or future current or future performance. to include cost-effective factors (e.g. operating and maintenance work, services, spare parts required-storage, disposal), if the cost of such factors is a criterion for the award.

(6) In the description of the performance and the task, all circumstances must be specified (e.g. local or temporal circumstances or special requirements with regard to the manner in which the service is provided), which are necessary for the performance of the service and the performance of the service. in order to be important for the preparation of the offer. This also applies to special problems or facilitations.

Technical specifications

§ 83. (1) Technical specifications must be equally accessible to all candidates and tenderers and must not be unjustifiably impeded by competition.

(2) Without prejudice to the legally binding national technical requirements, including those relating to product safety, and technical requirements laid down in accordance with international standards agreements, to be adopted in accordance with international standards guarantee the interoperability required in these agreements, technical specifications shall be laid down;

1.

in accordance with the following order of precedence:

a)

national civil standards with which European standards are implemented,

b)

European technical approvals,

c)

common civil technical specifications,

d)

national civil standards to which international standards are implemented,

e)

other international civil norms,

d)

other technical reference systems drawn up by the European standardisation bodies, or, if such standards and specifications are lacking, other national civil standards, national technical approvals or national technical specifications for the planning, calculation and execution of structures and the use of products,

e)

civil technical specifications developed by the industry and widely recognised by industry, or

f)

national defence standards and specifications for defence equipment which comply with these standards;

where each reference is to be accompanied by the addition "or equivalent", without exception, or

2.

in the form of performance or functional requirements, or

3.

in the form of performance or functional requirements in accordance with Z 2, with reference to technical specifications referred to in Z 1, as a means of presumption of conformity with these performance or functional requirements, or

4.

by reference to technical specifications in accordance with Z 1 with regard to certain characteristics and in the form of performance or functional requirements with regard to other characteristics.

(3) Where technical specifications are laid down in accordance with paragraph 2 (2) (1), the contracting authority shall not refuse an offer, an alternative or a change offer on the grounds that the goods and services offered do not correspond to the goods and services offered by him or her. , provided that the tenderer proves, by appropriate means in his tender, that the solutions he has proposed meet the requirements of the technical specification referred to in that reference. The appropriate means shall be, in particular, a technical description of the manufacturer or a test report of a recognised body.

(4) Where technical specifications are laid down in the form of performance or functional requirements in accordance with paragraph 2 (2) (2), the contracting authority may offer an offer, an alternative or an alteration bid, which is a national standard with which a European , or a European technical approval, a common technical specification, an international standard or a technical reference system drawn up by the European standardisation bodies, does not comply with the requirements of the European standards bodies; , if these specifications do not meet the performance requirements or Function requirements. The tenderer must, in his offer or in his or her alternative or modification offer, demonstrate by appropriate means that the relevant product, service or construction performance corresponding to the standard shall be subject to the performance or functional requirements of the Client is the same. The appropriate means shall be, in particular, a technical description of the manufacturer or a test report of a recognised body.

(5) Where requirements relating to the environmental fairness of performance are laid down in the form of performance or functional requirements in accordance with paragraph 2 (2) (2), the contracting authority may refer to technical specifications or parts thereof for the description of the performance shall be laid down in European, national, multi-or plurinational or other eco-labels, provided that:

1.

the specifications are suitable for defining the characteristics of the goods or services subject to the contract;

2.

the requirements for the eco-label have been drawn up on the basis of scientifically substantiated information;

3.

the eco-labels have been developed and adopted in the context of a procedure involving all interested parties, such as administrative authorities, consumers, manufacturers, distributors and environmental protection organisations, and

4.

the eco-label is accessible and available to all interested parties.

The contracting authority may indicate in the tender documents that, in the case of goods or services provided with a specific eco-label, it is presumed that they shall be subject to the technical specifications laid down in the tender documents. . However, the contracting authority must recognise any other appropriate means of evidence, such as a technical description of the manufacturer or a test report from a recognised body.

(6) Recognized bodies within the meaning of this provision shall be those testing and calibration laboratories, as well as inspection and certification bodies, which comply with the relevant European standards. The contracting authority must recognise certificates issued by a recognised body established in another Member State of the EU or by a recognised body established in another Contracting Party to the EEA Agreement.

(7) In so far as it is not justified by the subject matter of the contract, technical specifications shall not apply to a specific production or origin, or to a specific procedure or to trade marks, patents, types, origin or certain production is referred to in the case where certain operators or certain products are favoured or excluded. Such references shall, however, exceptionally be permissible if the subject-matter of the contract cannot otherwise be described in a sufficiently precise and intelligible manner. Such references shall, without exception, be accompanied by the words "or equivalent".

(8) By way of exception, the invitation to tender for a given product, with the addition "or equivalent", shall be given in free lines (gaps) in the list of services according to the relevant position of the tenderer, information on the manufacture and type of the product shall require equivalent products and, where requested, other information relating to such products. The relevant criteria for assessing equivalence shall be stated in the description of the performance.

Contract provisions

§ 84. (1) Where the provisions of the Treaty do not already arise from the description of the performance, they shall be clearly and so fully defined as to enable a clear contract of performance to be concluded.

4. Subsection

Provisions applicable to tendering procedures in the case of procurement procedures in the subthreshold sector

Tendering principles

§ 85. (1) In the case of procurement procedures in the sub-threshold range, the invitation to tender shall apply exclusively to the provisions of paragraphs 2 to 11 and to the provisions referred to in paragraphs 2 to 11 above.

(2) Services must be made known in good time, unless an award procedure is applied without prior notice, in such a way that the award is made possible in accordance with the procedures laid down in this Federal Act.

(3) The tender documents shall contain technical specifications. The tender documents shall, where possible, lay down technical specifications in such a way as to take account of the access criteria for persons with disabilities or the design for all users.

(4) The tender documents shall be drawn up in such a way as to ensure the comparability of tenders and to ensure that prices are not calculable without taking over and, unless a functional description of the performance is carried out, without taking into account the fact that the tender documents have not been used for Extensive preliminary work can be determined by the bidders.

(5) In the tender documents or in the contract notice, the contracting entity or the contracting entity and the awarding body must be specified in detail and indicate that the award of the service provided shall be subject to the provisions of this Regulation. The Federal Act on the Subthreshold and the Regulations adopted for this purpose and which procurement authority is responsible for the control of this award procedure.

(6) The tender documents shall include the documents deemed necessary or to be replenished in accordance with Section 59, to the extent that they have not already been mentioned in the notice.

(7) In the sub-threshold range, the contracting entity may award the contract to the most technically and economically advantageous tender, or to the offer with the lowest price. Where the contract is to be awarded to the most technically and economically advantageous tender, the contracting authority shall, in the contract notice or in the tender documents, have all the criteria for the award of which it is to be used, in proportion to the criteria for the award of the contract. to indicate the relevant importance. This information may also be provided by the establishment of a margin, the maximum breadth of which must be appropriate. Where, in the opinion of the contracting authority, such a definition is not possible, the contracting authority shall, in the contract notice or in the tender documents, have all the award criteria, the use of which provides for the use of the contract in the contract notice. the order of importance attributed to them. Where the contract notice or the tender documents do not specify the principle of the award, the contract shall be awarded to the lowest price offer.

(8) With regard to information and security of supply, alternative offers, alteration offers and subcontracting services, § § 69 to 74 shall apply.

(9) § § 77 to 80 shall apply with regard to the tendering provisions relating to tenders to be submitted electronically.

(10) § § 81 to 83 shall apply to the performance description of award procedures in the sub-threshold range.

(11) The adjudicating entity may make further provisions in accordance with the principles of § 17 in the tendering provisions.

6.

Execution of individual award procedures

Participants in the negotiated procedure without prior notice

§ 86. (1) In the case of negotiated procedures without prior notice, the invitation to tender shall only be made to authorized, efficient and reliable entrepreneurs.

(2) The selection of the entrepreneurs to be requested has to take place in a non-discriminatory manner. The contracting authority shall change the number of entrepreneurs to be requested as frequently as possible. Where possible, small and medium-sized entrepreneurs, in particular, shall be involved in the award procedure.

(3) The number of entrepreneurs to be requested should be determined in accordance with the performance. It may, in the case of negotiated procedures without prior notice in the upper threshold, if the performance cannot be provided only by a specific contractor or if urgent, compelling reasons exist, if there is a sufficient amount of The number of authorized, efficient and reliable entrepreneurs is not less than three. In the case of negotiated procedures without prior notice in the sub-threshold range, the number of entrepreneurs to be requested should not be provided unless the performance can be provided only by a particular contractor or by urgent and compelling reasons , the existence of a sufficient number of authorized, efficient and reliable entrepreneurs is in principle not less than three; exceptions are allowed for objective reasons. The reasons for this underwriting shall be recorded by the contracting authority.

(4) Offers are to be obtained from the prospective entrepreneurs.

Participants in the non-open procedure with prior notice and
in the negotiated procedure with prior notice

§ 87. (1) Non-open procedures with prior notice and negotiated procedures with prior notice shall be made known in the relevant publication media in accordance with § § 38, 42 to 44 and 47.

(2) Applications for participation may be submitted electronically or by fax.

(3) Undertakers who have submitted requests for participation in due time on the basis of the notice and who are entitled to be entitled, capable and reliable in accordance with § § 57 to 66, shall be entitled to participate in the participation in the non-open procedures with prior notice and in the negotiated procedure with prior notice.

(4) The contracting authority may not be informed of the content of the requests for participation only after the deadline for submission of the requests for submission of requests. The examination of the requests for participation shall be carried out in writing, in which all the relevant circumstances for the assessment of the requests for participation shall be recorded. The applicant may inspect the part of the minutes relating to his application for participation in the contracting authority. In the design of the transcript, it is necessary to take care.

(5) The number of entrepreneurs to be requested should be determined in accordance with the performance, but should not be subject to open procedures with prior notice in the upper threshold range, not under five, in the case of non-open procedures with prior notice Notice in the subthreshold range is not less than three. In the case of negotiated procedures with a prior notice in the upper threshold range, the number of entrepreneurs to be requested shall not be less than three if there is a sufficient number of authorized, efficient and reliable entrepreneurs. In the case of negotiated procedures with prior notification in the sub-threshold range, the number of entrepreneurs to be requested should not, in principle, be the case if there is a sufficient number of competent, efficient and reliable entrepreneurs. shall be less than three; exceptions shall be allowed for objective reasons. The reasons for this underwriting shall be recorded by the contracting authority. The number laid down shall ensure genuine competition and shall be indicated in the notice. The objective and non-discriminatory selection criteria shall take account of the specific requirements of the performance to be carried out and shall be known in the notice.

(6) As a result of more requests to participate than the number of entrepreneurs to be requested by the contracting authority, the contracting authority shall, among the competent, efficient and reliable entrepreneurs, use the selection criteria to: to select the best candidates. The main reasons for the selection are to be recorded in a comprehensible form. The adjudicating entity shall immediately, in any event, but one week in the event of an expedited procedure in accordance with § § 53 to 55, three days after the conclusion of the selection, requested the candidates not invited to submit tenders. under the notification of the reasons for non-admission. The reasons for the non-admission are not to be disclosed, provided that the disclosure of this information would be contrary to public interests or the legitimate business interests of entrepreneurs, or would harm the free and fair competition.

(7) As a result of fewer requests for participation by authorized, efficient and reliable entrepreneurs than the number of subcontractors to be requested by the contracting authority, the contracting entity shall not be entitled to participate in the upper threshold to include additional entrepreneurs in the procurement procedure. In the sub-threshold range, the contracting entity may include additional entrepreneurs in the procurement procedure.

(8) The adjudicating entity shall, at the same time, request the selected candidates in writing to submit tenders. If the documents are not provided on the Internet, the invitation shall be accompanied by the tender documents and any additional documents. It shall contain at least the following information:

1.

if the additional documents are not available to the contracting authority, the address or the electronic address of the body at which the additional documents may be requested, the date by which the additional documents may be requested and the amount and conditions for payment of the amount indicate, where appropriate, to be paid for the additional documents;

2.

the date on which the tenders must be received, the address and/or the address, or the electronic address of the body in which they are to be submitted and the language in which they are to be drawn up;

3.

an indication of the published notice;

4.

an indication of the documents to be accompanied, where appropriate;

5.

provided that the documents are provided on the Internet, the Internet address (URL), under which the documents are available on the Internet;

6.

the award criteria (in proportion to their importance), if they are not included in the contract notice or in the tender documents, and

7.

all other special terms and conditions of participation.

If the additional documents for the purposes of Z 1 are not available to the contracting authority, the body at which the additional documents may be requested shall have all the candidates selected which have requested the documents in good time to: immediately upon receipt of the request.

Expiry of the non-open procedure

§ 88. (1) In the case of a non-open procedure, the entrepreneurs invited to submit tenders may submit their tenders within the tender period.

(2) During a non-open procedure, the tenderers shall not be allowed to negotiate a change in supply.

(3) The number and names of the entrepreneurs requested to submit a bid shall be kept secret until the opening of the tender.

Conduct of the negotiation procedure

§ 89. (1) In carrying out a negotiated procedure, the contracting authority shall negotiate with the tenderer or tenderers on the entire content of the performance in order to determine the best offer for him in accordance with the award criteria made known. When conducting a negotiated procedure with a tenderer, the adjudicating entity may negotiate with the tenderer the entire content of the performance in order to determine the best offer for him in accordance with the award criteria made known.

(2) The adjudicating entity shall treat all tenderers equally in the negotiations. It shall not discriminate against information in such a way that certain tenderers may be favoured over other tenderers.

(3) A negotiated procedure with several bidders can be carried out in different successive phases. The contracting authority may reduce the number of offers by hand of the announced award criteria. The adjudicating entity shall forthwith inform those tenderers whose tenders are not taken into consideration by this decision. The procedure chosen by the adjudicating entity shall be announced in the invitation to tender or in the tender documents.

(4) The adjudicating entity shall have, unless such provisions have already been made in the tender documents, the contracting authority, the bidders participating in the negotiated procedure; To announce the conclusion of the negotiations in advance. This can be done by announcting a round of negotiations as the last round of negotiations, or by calling on the remaining tenderer or tenderers to submit an offer for the last time, or .

(5) The contracting authority may reserve the right, in the tender documents, to negotiate with the tenderer in the case of a negotiated procedure with several tenderers in the event of the delivery of fully prepared and comparable offers. the best-in-kind offer and the other tenderers will only negotiate if the negotiations with the tenderer of the best-placed offer are not concluded successfully.

(6) No change shall be made to the announced award criteria, unless otherwise specified in the tender documents, during the negotiation procedure.

(7) The number and names of the entrepreneurs requested for submission of tenders shall be kept secret until the award decision has been announced.

Section 7

The offer

1. Subsection

General arrangements for tenders

General provisions

§ 90. (1) In the case of non-open procedures, the tenderer must comply with the tender documents in the preparation of the offer. The required text of the tender documents shall not be amended or supplemented.

(2) Unless expressly stated otherwise in the tender documents, the offer is to be prepared in German and in euros with all the relevant documents (e.g. test certificates) in German.

(3) Offers shall be related to the total amount of services required, unless the invitation to tender has provided for the possibility of partial offers. A partial offer, which is not permitted in accordance with the invitation to tender, is subject to an unrecoverable shortage.

(4) Alternative offers shall meet the minimum requirements and ensure the provision of equivalent performance. The bidder has to demonstrate the equivalence. Alternative offers may relate to the overall performance, to parts of the service, to the economic or legal conditions of the service provision. Alternatives are to be identified as such and must be submitted in their own elaboration. For each alternative offer, even if it relates only to parts of the total power, a total alternative offer price is to be formed by the bidder.

(5) Change offers shall ensure the provision of equivalent performance. The bidder has to demonstrate the equivalence. Change offers can only be related to technical aspects of parts of the performance. Change offers are to be marked as such and must be submitted in their own elaboration. For each change offer, the bidder will be able to form a total change offer price per each.

(6) If, from the point of view of an operator, a correction of the invitation to tender or of the tender documents is necessary, he shall immediately inform the contracting entity thereof. The contracting authority shall, if necessary, carry out a correction in accordance with Article 76.

(7) If, exceptionally, pursuant to Article 83 (7) and (8), the invitation to tender for a given product is subject to the addition "or equivalent", the tenderer may indicate in his offer an equivalent product. The bidder has to demonstrate the equivalence. The products listed as examples in the tender documents shall be deemed to be offered if no other products have been offered by the bidder. If, after appropriate examination, the products referred to by the tenderer do not meet the criteria of equivalence referred to in the tender documents, the product advertised shall be deemed to be offered only if the tenderer is to: has declared a cover letter to the offer.

(8) During the offer period, the tenderer may amend, supplement or withdraw his offer by means of an additional declaration which is legally valid. If a new total price is obtained when the offer change or supplement is changed, it is also to be specified. The change of offer or supplement shall be communicated to the contracting authority in accordance with the provisions applicable to tenders and shall be treated as an offer by the contracting authority. The resignation shall be brought to the attention of the client. In this case, the tenderer may request the immediate return of his unopened offer.

Form of tenders

§ 91. (1) Offers must be in the form prescribed in the tender documents.

(2) Offers are to be delivered in full and free of numerical and calculation errors.

(3) The tenderer shall bear the name of loose components of the offer, be marked as belonging to the offer, and hand over it with the offer.

(4) Offers must be made in such a way that changes (such as a wipe or removal of the writing or the printing) would be noticeable or detectable. Corrections of bidding information shall be clear and clear and shall be carried out in such a way as to ensure that there is no doubt that the correction has been made prior to the tender. You must be confirmed by a legal signature stating the date of the date.

Content of offers

§ 92. (1) Each offer shall include in particular:

1.

Name (company, business name) and place of business of the tenderer; in the case of work groups, the name of a representative authorized to conclude and process the contract award procedure and the contract, stating his address; and finally the (electronic) address of the body entitled to receive the post;

2.

Notification of the subcontractors whose capacity is based on the evidence of their suitability, on the basis of the evidence that the tenderer actually has the capacity to carry out his or her capacity and the contracting authority responsible for carrying out the -has the necessary guarantees of financial and economic performance as a whole;

3.

Notification of all parts or, if the contracting entity has provided for this in the tender documents, only the essential parts of the contract which the tenderer intends to award in any case or possibly to subcontractors; Announcement of the part or parts of the order, the or that the tenderer intends to award to subcontractors in order to comply with the requirement of section 74 (1) or (2), or Announcement of the part or parts of the order, the or which the tenderer intends to award to subcontractors beyond the percentage required in accordance with § 74 (2); the subcontractor has already been selected. The nomination of several subcontractors per performance part is permitted;

4.

the obligation on the part of the tenderer to inform the contracting entity without delay of any change to the level of the subcontracting parties during the performance of the order;

5.

the prices, including all required breakdowns and the necessary explanations;

6.

where applicable, at variable prices, the information necessary to determine the rules and conditions which make it possible to provide a clear price calculation;

7.

other explanations or explanations requested by the tenderer for the assessment of the offer or deemed necessary by the tenderer;

8.

the list of documents enclosed in the offer and submitted separately;

9.

any alternative or change offers;

10.

Date and legally valid underproduction of the bidder.

(2) With the submission of his offer, the offeror shall declare that he knows the provisions of the tender documents, that he has the necessary powers to carry out the contract, that he shall perform the required performance on the said contract. provisions and the prices indicated by him, and that he shall bind himself to his offer until the end of the deadline for the award.

Special provisions on the content of the offers with functional specifications

§ 93. (1) In the case of a functional description of the performance, tenders shall be made in such a way that the nature and extent of the performance clearly determines the fulfilment of the requirements of the task, and the adequacy of the required prices is assessed. and at the end of the performance, the performance of the contract can be verified without any doubt.

(2) The offer shall, in principle, include a list of services to be produced by the tenderer, with indication of quantities and prices for all parts of the performance described, to which, if necessary, plans and other documents shall be attached.

(3) In the offer, the assumptions made by the tenderer in the course of the preparation of the offer shall also be explained and justified. By submitting his/her offer, the tenderer declares the completeness of his/her data (possibly with tolerance values).

(4) (1) to (3) shall not apply to tenders at those stages of a negotiated procedure for which the contracting entity does not yet require a fully-drawn-out offer.

Submission of offers in paper form

§ 94. Offers in paper form must be submitted in a closed envelope within the offer period.

Time limit for the award

§ 95. (1) The time limit for the award shall begin with the expiry of the offer period. It shall include the period within which the grant is to be granted. The deadline for the award is to be kept short. It may not exceed seven months, unless, in individual cases, a longer period of time has already been indicated in the tender documents for compelling reasons. If the contract notice does not specify a deadline for the award, it shall be two months.

(2) During the time limit for the award, the tenderer shall be bound by his offer. At the request of the adjudicating entity, a tenderer may extend the binding effect of his offer. At the request of a tenderer whose tender is not eligible for an award of the contract, the contracting authority may release the latter from the binding to his offer.

(3) Where an applicant or tenderer has initiated proceedings in accordance with Article 18 (1) before the end of the offer period, the contracting entity, if it is an offer which is eligible for the award of the contract, has, on the basis of a reasoned request, by the to extend the time limit for the award by one month and to give the trader a reasonable grace period for the submission of the official decision, or for the provision of proof that he has acquired the knowledge missing in accordance with the administrative decision. This does not apply to proceedings in accordance with § § 25 (1) Z 3, 4, 9 and 10, 31 (1) Z 3 and 4 as well as for expedited proceedings in accordance with § § 53 to 55.

(4) The continuation of the time limit for the award referred to in paragraph 1 shall be inhibited for the duration of a review procedure.

2. Subsection

Special provisions for electronically transmitted offers

General provisions for electronically transmitted tenders

§ 96. (1) If the delivery of offers is permitted by electronic means in accordance with section 35 (3) or section 77 (1), a bidder shall not be allowed to offer any offer or offer in addition to his/her electronically delivered offer. do not hand in supply components in paper form. This shall not apply to supply components such as evidence concerning the power, professional reliability, financial, economic or technical capacity, provided that these supply components are not available in electronic form.

(2) If tenders are submitted by electronic means, the tenderers shall have the documents, documents, certificates and declarations necessary for the verification of the power to demonstrate the professional reliability of the tenders, proof of financial and economic efficiency and proof of technical performance, provided that they are not transmitted in an electronically signed form, must be submitted in paper form at the latest by the end of the offer period.

Form, encryption and qualified signature of the offer

§ 97. (1) The bidder has the offer or the supply components must be produced within the period of supply in one of the document formats specified by the contracting authority, must be submitted on a communication path defined by the contracting authority and, in accordance with one of the methods announced, Encrypt. If the contracting authority has not set any document formats, the tenderer shall have the offer or create the bid body in a generally available, non-discriminatory document format, which is signed with a qualified signature. Where the contracting authority has defined only document formats which are capable of being signed by means of a qualified signature, the tenderer may, in the case of the safe concatenation of the supply components, the other components of the offer in generally available, non- create discriminating document formats. The tenderer shall, upon request by the contracting authority, immediately make available to him all the means necessary for processing the document formats free of charge.

(2) In the preparation of the offer, the offeror shall ensure that after the submission of the offer the client is able to check the completeness, authenticity and unadulteration of the offer.

(3) If the offer is made in a single document, the tenderer shall provide this document with a qualified electronic signature.

(4) If the offer consists of several supply components, the tenderer shall ensure that the verifiability of the completeness, authenticity and unadulteration of the offer with the quality of the qualified electronic signature is guaranteed. This can be done, in particular, by a secure concatenation of all supply components in accordance with § 98.

(5) The tenderer shall, upon request by the contracting authority, immediately make available to him the necessary information and methods for the verification of the signature free of charge to the tenderer.

(6) Para. 1 to 5 shall also apply to data sets separately submitted by the tender, by means of which the tenderer amends, supplements or resigns from the tender. In the case of the transmission of a separate data record submitted by the tender, the tenderer must draw attention to the award procedure and the offer to which the separate data set relates.

Secure concatenation of offer components

§ 98. (1) If the offer consists of several supply components, the tenderer shall satisfy the requirement of a qualified electronic signature of the offer also by means of the secure concatenation of all supply components in accordance with para. 2 to 4.

(2) The offeror shall draw up the bid body in one of the document formats defined by the adjudicating entity and shall provide it with the date and a qualified electronic signature.

(3) The method for forming the hash value of a file is to be used in the case of secure concatenation of the method which is used in the qualified electronic signature of the main supply part. Those supply components which are presented in paper form must be included in the offer content list in such a way that the contracting entity can clearly identify what the offer constituent refers to or to which the offer component refers. what content he has.

(4) In the case of a secure concatenation of the offer body with the other supply components, the tenderer may also produce the other supply components in document formats which, as such, do not have a qualified electronic component. Signature can be provided.

Authorisation

§ 99. The Federal Government may, in the interests of safeguarding the free and fair competition, the legal protection of tenderers, in the interests of a uniform and legally secure procedure in the award of contracts and in order to guarantee a as economically as possible in the context of the handling of procurement procedures by electronic means, more detailed provisions concerning the procedure for the electronic transmission of tenders, the supply levy and the preservation of supply as well as the standardized handling of Procurement procedures shall be adopted by electronic means.

8. Section

The award procedure

1. Subsection

Reception and opening of offers

Receipt, custody and opening of offers in paper form

§ 100. (1) The body at which tenders are to be submitted shall enter all tenders in the order in which they have been submitted to a list.

(2) Information on the offers to be received, in particular on tenderers or on the number of tenders submitted, may not be provided.

(3) The offers shall be maintained up to the opening in such a way as to be inaccessible to unauthorised persons.

(4) The client may only be informed of the content of the offers after the end of the offer period.

(5) A formalised opening of tenders is not necessary. If the contracting authority provides for a formalised opening of tenders in the invitation to tender, it shall set out in particular the place and date of the opening. In the event of a formalised opening of the tenders, the tenderers shall be entitled to participate in the opening. They may not be excluded from the opening of tenders for good reason. In the case of a formalised opening of tenders, the following information shall be read out and recorded in a minutes:

1.

the name and place of business of the tenderer;

2.

the total price or the offer price, indicating the extent of any discounts and surcharges, as well as any partial total prices, partial offer prices or variant offer prices;

3.

Essential declarations by the tenderers;

4.

other than the price relevant in terms of figures expressed in figures, other than the price; these are to be read only if this has been announced in the tender documents.

Reception and opening of electronically transmitted offers

§ 101. (1) In the case of tenders submitted electronically, the date of receipt of the offer by a bidder shall be documented by a time stamp and shall be immediately confirmed to the respective bidder. The time of the time stamp can be read interactively in interactive award procedure solutions. All offers must be entered in a list in the order in which they are received.

(2) Information on the offers to be received, in particular on tenderers or on the number of tenders submitted, may not be provided.

(3) In the case of tenders submitted electronically, the contracting authority shall ensure that it can only take note of the content of the offers after the expiry of the offer period and that no unauthorised decryption of the offers before the end of the offer period. may take place.

(4) A formalised opening of tenders is not necessary. If the contracting authority provides for a formalised opening of tenders in the invitation to tender, it shall set out in particular the place and date of the opening. In the event of a formalised opening of the tenders, the tenderers shall be entitled to participate in the opening. They may not be excluded from the opening of tenders for good reason. In the case of a formalised opening of tenders, the following information shall be read out and recorded in a minutes:

1.

the name and place of business of the tenderer;

2.

the total price or the offer price, indicating the extent of any discounts and surcharges, as well as any partial total prices, partial offer prices or variant offer prices;

3.

Essential declarations by the tenderers;

4.

other than the price relevant in terms of figures expressed in figures, other than the price; these are to be read only if this has been announced in the tender documents.

Storage of electronically transmitted offers

§ 102. Electronically transmitted offers shall be stored in such a way that:

1.

whose authenticity, integrity and confidentiality are guaranteed,

2.

no unauthorized access can be made to the opening of the offers; and

3.

every access to the opening of the offers is documented.

2. Subsection

Examination of offers and withdrawal of offers

Examination of tenders

§ 103. (1) The examination and evaluation of an offer shall only be entrusted to persons who fulfil the technical conditions for this purpose. Where necessary, non-prisoners and experts independent of the tenderers shall be required to join.

(2) The examination of tenders shall be carried out in technical and economic terms in accordance with the criteria laid down in the invitation to tender.

(3) In the case of tenders which are eligible for an award of the award, it shall be examined in detail;

1.

whether the principles referred to in Article 17 (1) have been complied with;

2.

the power, performance and reliability of the tenderer, or -in the case of the transfer of benefits-the well-known subcontractors;

3.

Whether the offer is computationally correct;

4.

the appropriateness of prices;

5.

whether the offer complies with the other provisions of the invitation to tender, in particular whether it is formally correct and complete.

Examination of the adequacy of prices-in-depth offer testing

§ 104. (1) The adequacy of prices shall be considered in relation to the service provided or alternatively offered, and taking into account all the circumstances in which it will be performed.

(2) The assessment of the adequacy of prices shall be based on comparable empirical values, documents which are otherwise available, and the relevant market conditions.

(3) The adjudicating entity shall require clarification of the positions of the offer and shall examine in greater detail, in accordance with paragraphs 4 and 5, if:

1.

offers an unusually low total price in relation to the performance, or

2.

After examination in accordance with paragraph 2, there are reasonable doubts as to the appropriateness of prices.

(4) In the case of an in-depth offer test, it is necessary to check whether the prices are economically sound and comprehensible.

(5) In the course of the in-depth offer test, the client must ask the tenderer to provide a binding written-at least significant uncertainties either verbal or telephone-clarification. The subsequent examination shall take account of the explanations received, or the evidence submitted by the bidder shall be made. In particular, the adjudicating entity shall have explanations with regard to the economic viability of the manufacturing or construction process chosen, or the provision of the service, the technical solutions chosen, exceptionally favourable conditions which the tenderer has in the performance of the service, the originality of the service offered by the tenderer, the originality of the service offered at the place of the To take into account the provision of services in the field of labour and social law, or the possible granting of State aid to the tenderer, in the course of the review. The information provided by the tenderer shall be annexed to the minutes of the examination of tenders. In the case of procurement procedures in the sub-threshold range, the procedure referred to in this paragraph may be waited.

(6) If, in the case of a procurement procedure in the upper threshold area, the contracting authority finds that an offer price is abnormally low in relation to the performance, because the tenderer concerned has received State aid, he may offer the offer: for this reason alone, only if the tenderer, after being requested by the contracting authority, cannot prove, within a reasonable period of time fixed by the contracting authority, that the aid in question has been granted lawfully. If, for this reason, an adjudicating entity leaves an offer, it shall disclose this to the Commission by means of the Federal Minister for Economic Affairs, Family and Youth.

Withdrawal of tenders

§ 105. (1) Prior to the selection of the offer for the award decision, the contracting entity shall, on the basis of the result of the examination in the upper threshold range, excrete the following offers:

1.

Offers of tenderers to be excluded from participation in the award procedure in accordance with Section 18 (5) or § 57 (1);

2.

offers of tenderers whose power, financial, economic or technical performance or reliability is not given;

3.

Offers which have a non-plausible composition of the total price (e.g. speculative pricing), determined by an in-depth offer test;

4.

late offers;

5.

Tenders which are contrary to the tendering provisions, partial, alternative or change offers if they have not been authorised, alternative or alternative offers of equivalent value and alternative offers which do not meet the minimum requirements , as well as incorrect or incomplete offers, if their defects have not been remedied or are not recoverable;

6.

Tenders shall be offered by tenderers who, with other entrepreneurs, have dismissed the agreements which are detrimental to the contracting authority, against the good morals or against the principle of competition;

7.

Offers from tenderers where the adjudicating entity is at the time of the award decision, or the expiry of the grace period laid down in accordance with section 95 (3)

a)

no administrative decision necessary for the admissibility of the exercise of an activity in Austria,

b)

no evidence that they have been determined in accordance with a decision after lit. a lack of knowledge has been acquired,

c)

no proof that before the end of the offer period a decision to be taken after a decision has been made. a court proceedings have been initiated or

d)

a decision by the authorities which excludes the admissibility of the pursuit of an activity in Austria;

is available.

(2) Prior to the choice of the offer for the award decision, the contracting entity may withdraw offers from tenderers who have not made the necessary information within the time limit which they have set or whose clarification of the information provided by the contracting authorities shall be Reasonable justification is not available. A bidder established in the territory of a Member State of the EU or of any other Contracting Party to the EEA Agreement or in Switzerland may also require information on the admissibility of the exercise of activity in Austria.

(3) The adjudicating entity shall be verifiably informed by electronic means or by fax to the tenderer of the termination of his offer, stating the reason for the reason.

3. Subsection

The supplement

Choice of bid for surcharge

§ 106. (1) In the case of tenders remaining after leaving the contract, the contract shall be awarded to the most technically and economically advantageous tender, or to the lowest price offer, in accordance with the information provided in the tender.

(2) The reasons for the award decision shall be recorded in writing.

Announcement of award decision

§ 107. (1) The contracting authority shall be shown to indicate to the tenderers remaining in the contract award procedure to which bidder the contract is to be awarded. In this communication, the remaining tenderers shall be informed of the respective end of the standstill period in accordance with section 108 (1), the reasons for the rejection of their offer, the total price, as well as the characteristics and advantages of the successful offer, provided that the disclosure of such information would not be contrary to public interests or the legitimate business interests of entrepreneurs, or would harm the free and fair competition.

(2) An obligation to notify the award decision shall not apply if:

1.

the contract shall be the sole or is to be granted to the only bidder remaining in the procurement procedure, or

2.

if, on the basis of the conditions set out in § 25 (3), (4), (9) or (13) or (31) (1), a notice of the procedure has been removed from the proceedings; or

3.

a performance under a framework agreement is to be awarded.

Standstill period and award of the award

§ 108. (1) The adjudicating entity must not award the contract with other absolute invalidity within the standstill period. The standstill period shall begin with the dispatch of the notification of the award decision. In the case of a transmission by electronic means or by fax, it shall be ten days, and shall be 15 days in the case of a transmission on a letter-by-letter basis. In carrying out a procurement procedure in the sub-threshold range, the standstill period is reduced to seven days.

(2) The contracting authority may indicate to which bidder the contract was awarded to the tenderers remaining in the contract award procedure at the time of the award of the award. In this communication, the remaining tenderers shall be informed of the reasons for their refusal to disclose the total price and the characteristics and advantages of the successful offer, unless the disclosure of such information is available to the public. the interests or legitimate business interests of entrepreneurs, or would harm the free and fair competition.

Effectiveness of the strike

§ 109. During the award period, the contractual relationship shall be concluded at the time when the tenderer receives the written agreement from the acceptance of his offer. If the time limit for the award is exceeded, the contractual relationship shall only arise with the written declaration of the tenderer that he accepts the contract. A reasonable time limit shall be set for the bidder to submit this declaration.

Form of contract conclusion

§ 110. (1) The contract shall be awarded by order letter. The customer may request a signed order confirmation from the contractor.

(2) If the contents of the contract are also derived from the offer also from other documents containing additional agreements, all documents in the order letter and, if an order confirmation has been requested, are also included in the contract. shall be used.

(3) If this is necessary in the interests of safeguarding the free and fair competition, the legal protection of tenderers and in the interests of a uniform and legally secure procedure, the Federal Chancellor shall have more detailed information on the subject Provisions concerning the conclusion of a contract by electronic means, in particular in order to ensure the authenticity and integrity of the electronically transmitted data by means of qualified electronic signatures and to ensure the confidentiality of such data. .

Section 9

Termination of the award procedure

Basic

§ 111. (1) The award procedure shall end with the achievement of the performance contract or with the revocation of the award procedure.

(2) Immediately after the conclusion of the procedure, except in the case of a procurement control procedure which has not yet been passed by a final decision, on the basis of a corresponding application, those tenderers who have not been awarded the contract, or who have not been awarded the contract, shall be required to: in the case of revocation, all candidates or tenderers to return the processing, plans, drawings, rehearsals and the like to be restored.

Documentation requirements

§ 112. (1) The contracting authorities shall have an award notice on each contract awarded, on each concluded framework agreement or to make a statement on the withdrawal of an award procedure, which shall include at least the following:

1.

the name and address of the contracting authority;

2.

the subject matter and value of the contract or framework agreement,

3.

the award procedure chosen,

4.

the justification in accordance with § § 29 and 34 for the conduct of a negotiated procedure or a competitive dialogue,

5.

where appropriate, the reasons justifying the duration of the framework agreement over a period of seven years,

6.

the names of the candidates taken into account and the reasons for their selection;

7.

the names of the non-approved candidates and the reasons for their non-admission to participation, the names of the candidates or tenderers excluded and the reasons for their exclusion, and the names of the tenderers whose tenders have been eliminated; and the reasons for leaving,

8.

the name of the successful tenderer and the reasons for the selection of his offer and, if known, the proportion of the order or the share of the framework agreement which the successful tenderer intends to pass on to subcontractors or to which he is obliged to pass on,

9.

where appropriate, the reasons on which the contracting authority has waived the award of a contract or the conclusion of a framework agreement.

(2) In the case of procurement procedures in the upper threshold range, the award of the award in accordance with paragraph 1 or the essential content thereof shall be transmitted to the Commission on request.

(3) In the case of procurement procedures in the sub-threshold range, the contracting authority may refrain from drawing up an award notice or a note on the withdrawal of a contract award procedure in accordance with paragraph 1, provided that the information referred to in paragraph 1 (1) to (9) is not great effort from the contract award documentation.

Archiving of procurement procedures carried out by electronic means

§ 113. The adjudicating entity shall have all relevant documents relating to the expiry of an electronic contract award procedure or to keep all relevant documents relating to each award procedure in which tenders have been submitted by electronic means, at least four years from the end of the procurement procedure. This applies in particular to documents relating to the access documentation in accordance with § 102 Z 3.

Reasons for the revocation of an award procedure

§ 114. The contracting authority may revoke an award procedure if there are factual reasons for this.

Notice of revocation decision, standstill period, invalidity of the revocation

§ 115. (1) The adjudicating entity shall be shown to inform all entrepreneurs participating in the award procedure and known to him that he intends to withdraw the award procedure. This notice shall indicate to the entrepreneurs the end of the standstill period referred to in paragraph 3 or 4 and the reasons for the intended revocation.

(2) If a communication in accordance with paragraph 1 is not possible for all entrepreneurs, the decision to withdraw shall be made known in the same manner as the invitation to tender.

(3) There is no obligation to notify the revocation decision if no offer has been made or if no tenderer has remained in the contract award procedure.

(4) The adjudicating entity shall not declare the revocation of any other invalidity within the standstill period. In the case of paragraph 1, the standstill period begins with the sending of the notice of withdrawal decision and, in the case of paragraph 2, with the initial availability of the notice of revocation decision. In the case of a transmission by electronic means or by means of fax, and in the case of a notice, the standstill period shall be ten days, in the case of a transmission on a letter-by-letter basis 15 days. In the implementation of procurement procedures in the sub-threshold range, the standstill period is reduced to seven days.

(5) Before the expiry of the standstill period, a new procurement procedure on the same subject-matter shall not be initiated, provided that the procurement is not required for urgent compelling reasons. Offers which have already been received for the revoked procedure may not be opened after the notice or notice of the withdrawal decision.

(6) After the expiry of the standstill period, the client shall notify the revocation declaration in the same manner as the revocation decision, or, if this is not possible, to make known on the Internet.

(7) In the sub-threshold range, the contracting authority may depart from the procedure referred to in paragraphs 1 to 6 and declare the revocation immediately and without waiting for a stoppage period. The contracting authority shall, as far as possible, immediately and demonstrably communicate the entrepreneurs remaining in the contract award procedure or to make the declaration of revocation on the Internet known.

(8) With the declaration of the revocation, contracting authorities and tenderers are regaining their freedom of action. Offers which have already been received shall be returned upon request. The date of the declaration of the revocation shall be shown to be documented.

(9) Where a contracting authority has the final judgment that, after a significant overrun of the time limit for the award of the contract and contrary to the tenderer's request, a procedure for the award of a contract shall be established for the purpose of continuing the procedure of the contracting authorities , it shall be deemed to be a declaration of revocation within the meaning of this Federal Law, either by a declaration of revocation or by the award of a contract of award, or by the proceeding in an appropriate manner.

4. Main piece

Provisions relating to special contracts and special procedures

Section 1

Provisions on subcontracting

General principles and principles

§ 116. (1) Insofar as the client undertakes, in accordance with § 74, the tenderer to award all or certain subcontracts to third parties, successful tenderers who are not contracting entities within the meaning of § 4 shall apply to third parties for the award of contracts (awarding of contracts). Subcontracts shall be solely the provisions of this section and the provisions referred to in this section.

(2) Successful tenderers have to respect the fundamental freedoms and principles of Union law and the principle of transparency, the prohibition of discrimination and the principle of competition in the award of subcontracts.

(3) Members of working and bidding communities, as well as entrepreneurs associated with an entreprenchman who is a tenderer in the procedure for the award of a contract, are not a third party within the meaning of paragraph 1. Tenderers shall provide their tender with a complete list of those entrepreneurs to which they are in a ratio as set out in the first sentence. This list should always be kept up-to-date.

Thresholds

§ 117. Reaches or exceeds the estimated order value

1.

a subcontract relating to supply or services EUR 387 000 or

2.

a sub-order relating to construction services 4 845 000 Euro

then the successful tenderer shall publish a notice. The calculation of the estimated order value of sub-orders shall be carried out in accordance with § § 11 to 15.

Provisions on notices

§ 118. (1) notices on the award of subcontracts shall have the following information: Annex VII as well as any other information provided by the successful tenderer for any meaningful information. Where necessary, the consent of the contracting authority shall be obtained for the publication of certain information. Notices of subcontracting shall be made available using the relevant standard forms for notices to the Commission.

(2) Notices on subcontracting shall be published in accordance with § § 42 to 44 and 47.

(3) A notice of subcontracting shall not be required if the conditions of § 25 are fulfilled. For voluntary announcements § 41.

Eligibility criteria for subcontractors

§ 119. (1) In the notice referred to in § 118, the successful tenderer shall specify the eligibility criteria established by the adjudicating entity as well as all other criteria which he applies to the selection of subcontractors.

(2) The criteria referred to in paragraph 1 shall be objective and non-discriminatory and shall be in accordance with those criteria which the contracting authority has applied to the selection of tenderers for the main contract.

(3) The performance required by the subcontractors must be directly related to the subject of the subcontract. The level of the required skills must be appropriate to the subject of the subcontract.

Special provisions for subcontracts on the basis of a framework agreement

§ 120. (1) The successful tenderer may also fulfil the requirements of § 74 by giving subcontracts on the basis of a framework agreement which has been concluded in compliance with the provisions of this section.

(2) Suborders on the basis of a framework agreement concluded in accordance with paragraph 1 shall be awarded in accordance with the terms of the Framework Agreement made known. They may only be awarded to those entrepreneurs who have been parties to the framework agreement from the outset. In the award of contracts, the parties shall, in any case, propose conditions which correspond to those of the Framework Agreement.

(3) The duration of a framework agreement referred to in paragraph 1 shall not exceed seven years, with the exception of those cases where this is due to the expected useful life of the delivered goods, installations or systems or the by a change of the It is possible to justify any technical difficulties which may arise. The reasons for a longer period of time are to be recorded.

(4) The instrument of the Framework Agreement shall not be misused or applied in such a way as to impede, restrict or distort competition.

Exception to the obligation to award a sub-order

§ 121. The successful tenderer must not be required to award a subcontract if it proves to the satisfaction of the contracting authority that:

1.

none of the entrepreneurs who participate in the procedure for the award of a subcontract, or

2.

none of the tenders submitted in the procedure for the award of a sub-order

fulfil the criteria set out in the notice of subcontracting, and it would therefore be impossible for the successful tenderer to fulfil the requirements of the main contract.

Civil law

§ 122. The provisions of this section shall be without prejudice to the provisions of civil law relating to the compensation of damages.

Section 2

Award of non-priority service contracts

Non-priority service contracts

§ 123. (1) For the award of non-priority service contracts by contracting entities, only the provisions of this section shall apply, the first of which shall be 1. Part with the exception of § 3 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 as well as the 3. and 4. Part of this federal law.

(2) Non-priority service contracts shall be awarded by contracting authorities in compliance with the fundamental freedoms and principles of Union law and the principle of non-discrimination. Where this is necessary on the basis of the value and object of the order, non-priority service contracts are, in principle, in a procedure with several entrepreneurs, through which a reasonable degree of public opinion is required. is guaranteed and is in line with the principle of free and fair competition. A notice of a procedure may in particular be separated if one of the procedures in § § 25 or These conditions are met.

(3) The award of non-priority service contracts in a form-free procedure directly to a selected employer (direct award) is only permitted up to an estimated order value of EUR 75 000.

(4) Insofar as a notice is required to ensure an adequate degree of public opinion, notices shall be published in the publication medium defined in accordance with § 44 (1) for the respective full-education sector. In the upper threshold range, no priority service contracts are to be published in accordance with § 46.

(5) Any decision to be taken separately shall be deemed to be separately subject to the decision of the contracting authority.

(6) The contracting authority shall be shown to indicate to the tenderers remaining in the contract award procedure to which bidder the contract is to be awarded. In this communication, the remaining tenderers shall be informed of the end of the standstill period referred to in paragraph 7, the reasons for the rejection of their offer, the total price, and the characteristics and advantages of the successful offer, provided that: would not object to the disclosure of this information to public interests or to the legitimate business interests of entrepreneurs, or would harm the free and fair competition. There is no obligation to notify the award decision if:

1.

the contract shall be the sole or is to be granted to the only bidder remaining in the procurement procedure, or

2.

if, on the basis of the conditions laid down in Articles 25 (3), (4) and (13), a notice of the procedure has been removed.

(7) The adjudicating entity must not award the contract with other absolute invalidity within the standstill period. The standstill period shall begin with the dispatch of the notification of the award decision. In the case of a transmission by electronic means or by fax, it shall be ten days, and shall be 15 days in the case of a transmission on a letter-by-letter basis. In carrying out a procurement procedure in the sub-threshold range, the standstill period is reduced to seven days.

(8) The adjudicating entity may revoke an award procedure if there are factual reasons for this. The adjudicating entity shall have the right of revocation, as far as possible, to inform the contractors remaining in the award procedure without delay and demonstrably, or to make them known on the Internet. The contracting authority shall not declare the revocation of any other invalidity within the standstill period. The standstill period begins with the dispatch of the notification of the withdrawal decision or the first time the notice of the withdrawal decision is made available. In the case of a transmission by electronic means or by means of fax, and in the case of a notice, the standstill period shall be ten days, in the case of a transmission on a letter-by-letter basis 15 days. In the implementation of procurement procedures in the sub-threshold range, the standstill period is reduced to seven days. Moreover, section 115 (6) applies. In the sub-threshold range, the contracting entity may be informed of the communication or Discontinue the notice of withdrawal decision and declare the revocation immediately and without waiting for a standstill period. In this case, the contracting authority shall, as far as possible, inform the contractor remaining in the contract award procedure without delay and demonstrably of the withdrawal declaration or to make it known on the Internet.

(9) The adjudicating entity must make a statement on each contract awarded, which indicates the essential operations of the award procedure and the reasons why it is decisive. In the case of a contract award procedure, the estimated value of the contract exceeds EUR 200 000, and the award is to be made in accordance with § 112.

Section 3

Provisions relating to the implementation of electronic auctions

Basic

§ 124. (1) Where a non-open procedure with prior notice, a negotiated procedure is carried out with prior notice, or orders under a framework agreement after a renewed call for competition in accordance with the § 130 (4) (1) (1), (5) and (6), the offer to which the contract is to be awarded may also be determined by means of an electronic auction.

(2) If the contract is to be awarded in the course of an electronic auction, the notice shall also be published on the Internet in accordance with § 38.

(3) The implementation of auctions shall be based on an auction system which is part of the tender documents and shall contain at least the following content:

1.

registration and identification requirements;

2.

all the relevant information on the electronic device used to carry out the auction, on the technical modalities and on the characteristics of the connection;

3.

components (price, other parts of supply) the value of which is the subject of the auction;

4.

the upper limits of the values to be auctioned, resulting from the specifications of the subject of the contract;

5.

all information on the expiry of the auction (in particular, any minimum number of offer levels to be kept in the tender offer);

6.

the date of the beginning and the modality of the termination of the auction;

7.

Grounds for excreting (in particular violation of the limits laid down, where applicable);

8.

Dates;

9.

Internet address on which the currently lowest offer or in the case of the award to the technically and economically most advantageous tender, the current series of participants will be published during the auction;

10.

information transmitted or made available to tenderers during or after the performance of the auction, as well as the date and time of the auction, the phase of the auction to which such information may be made available to them; the electronic address under which such information shall be disclosed.

(4) Prior to the performance of the auction, tenders submitted in the previous award procedure shall be subject to a first offer assessment on the basis of the announced award criterion or on the basis of the announced award criteria.

General provisions relating to the implementation of electronic auctions

§ 125. (1) All tenderers who have offered valid tenders in the procedure preceding the auction in accordance with Article 124 (1) shall always be required at the same time electronically to request new prices and/or prices in accordance with the provisions of the invitation to tender documents. to present new values for the components to be auctioned. The contracting authority shall have direct, unrestricted and unpaid electronic access to all the bidders authorised for auction from the date of dispatch of the invitation to take part in the auction in respect of all the auction Documents to be granted. An electronic auction shall not begin at least two working days after dispatch of a request to participate in an auction.

(2) If the offer to which the contract is to be awarded is to be determined by means of an electronic auction, the result of the opening of the tenders shall at least be kept secret.

(3) The electronic auction instrument shall not be used in an abusive manner or in such a way as to impede, restrict or distort competition. In particular, the subject-matter of the contract, as described in the notice and in the tender documents, shall not be altered.

(4) The adjudicating entity may terminate an electronic auction

1.

on a date fixed in the invitation to take part in the auction (date and time), or

2.

if, after receipt of the last submission, no new offers which reach or exceed the minimum of the offer levels are made within a certain period of time fixed in the invitation to take part in the auction, or

3.

after completion of the last auction phase established in the invitation to participate in the auction, or

4.

if factual reasons justify the cancellation of the auction.

The adjudicating entity may choose the method of terminating the auction according to Z 1 to 3 or a combination of the methods provided for in Z 1 to 3. If a procedure is chosen according to Z 3, if appropriate combined with a procedure in accordance with Z 2, the adjudicating entity shall determine the time schedule for each auction phase in the invitation to participate in the auction.

(5) In the case of a procedure referred to in paragraph 4 (3), the contracting authority may, in so far as it has provided for it in the invitation to take part in the auction, leave after each auction phase the offers of those participants who do not offer any new offers or only have submitted tenders which have not reached or exceeded the minimum set of supply levels which may have been fixed. The contracting authority shall immediately communicate electronically the participants whose tenders have been eliminated.

(6) The adjudicating entity shall ensure that participants whose tenders have been extradited in accordance with paragraph 5 shall no longer be able to participate in the further auction.

(7) At the end of an auction, the name of the successful tenderer and the total price shall be disclosed immediately under the Internet address specified in the auction system. In the event of any other electronic auction being carried out, the non-successful tenderers shall be notified without delay, at the same time and verifiably by electronic means, of the reasons for the refusal of their bid, provided that the latter are not successful. Reasons not to be transmitted in accordance with the Auction Rules the information to be provided directly. The announcement or Notice shall be deemed to be the announcement of the award decision within the meaning of § 107. The date of dispatch within the meaning of § 108 shall be the date of the first availability of the information in accordance with the first sentence on the Internet or the date of dispatch of the notification in accordance with the second sentence.

(8) The cancellation of an auction shall be deemed to be a revocation within the meaning of § 114. Section 115 shall apply mutatily with the proviso that:

1.

in the case of the announcement of the withdrawal decision, the reasons for the cancellation are to be disclosed to the tenderers under the Internet address set out in the auction system, and

2.

the date of dispatch of the decision of revocation shall be the date of the first availability of the information in accordance with Z 1 on the Internet.

(9) During the expiry of the auction, the identity of the bidders may not be disclosed.

(10) The execution of the auction and all related data transfers shall be documented by the client without any gaps.

Special provisions for the implementation of simple electronic auctions

§ 126. (1) In the case of simple electronic auctions pursuant to section 26 (3), only offers relating to the price are permissible.

(2) During the auction, the client shall, in any case, immediately publish the lowest price currently available under the Internet address announced in the auction order. If this is so defined in the auction system, other information than the currently lowest price, such as the number of participants at the respective auction phase, may be subject to the Internet address specified in the auction system. shall be disclosed.

(3) The surcharge shall be awarded to the offer with the lowest price.

Special provisions for the implementation of other electronic auctions

§ 127. (1) When carrying out other electronic auctions in accordance with section 26 (4), the client shall be required to join the invitation to participate in the auction in accordance with Section 125 (1), the result of the first offer assessment of the respective bidder. In the invitation to take part in the auction, the contracting entity shall specify the mathematical formula according to which, in the case of the electronic auction, automatic re-threats shall be made in accordance with the new values presented (concerning prices or others). Supply parts). This formula also shows the weighting of all the award criteria laid down in the contract notice in accordance with § 38 or in the tender documents for the determination of the technically and economically most favourable offer. The award criteria shall be fixed in advance in fixed values, the indication of award criteria by the determination of a margin within which the criterion is situated, and the mere horseback of the importance of the award criteria, inadmissible. Where alternative offers have been made admissible, a mathematical formula must be specified separately for each alternative offer.

(2) During the auction, any tenderer shall be immediately and continuously, in any event, the current positioning of his offer in relation to the other tenders received by the other tenderers under the terms of the auction order. to give anonymized information to the Internet address. If this is set out in the auction regulations, other information such as the lowest price currently available or the number of participants at the respective auction phase can be found under the internet address specified in the auction system. shall be disclosed.

(3) The contract shall be awarded to the bidders most recently involved in the auction to the most technically and economically advantageous tender, taking into account the last tenders submitted.

Section 4

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

General

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

1.

the framework agreement has been concluded after the implementation of a non-open procedure with prior notice or a negotiated procedure in accordance with § § 25 and 31 (1) without the award of the award, having regard to the provisions of section 129 and

2.

for the award of the public contract, which is based on the framework agreement, § 130.

Conclusion of framework agreements

§ 129. (1) In the contract notice, the adjudicating entity shall state, in the invitation to tender, whether a framework agreement with a single or with a single or with a prior notice is carried out without prior publication of a contract notice. to be completed by a number of entrepreneurs. Where a framework agreement with a number of entrepreneurs is to be concluded, the contracting entity shall have the number of operators in the contract notice or, where a negotiated procedure is carried out without prior notice, in the Invitation to tender. As far as possible, small and medium-sized enterprises should also be involved in the procedure for concluding a framework agreement.

(2) In the case of entrepreneurs who, on the basis of a notice, express their interest in a given framework agreement to the contracting entity, the tender documents shall be submitted without delay, but no later than six days after receipt of the contract. Application, to be transmitted or to be made available electronically after an appropriate communication.

(3) The parties to the framework agreement shall be determined after the implementation of a non-open procedure with prior notice or a negotiated procedure in accordance with § § 25 and 31 (1). A framework agreement with an entreprenchman shall be concluded with that tenderer who has made the best-rated offer in accordance with the award criteria or criteria known to him. A framework agreement with a number of entrepreneurs shall be concluded with those tenderers who have placed the best-rated offers in accordance with the award criteria or criteria known to them. If a framework agreement with several entrepreneurs is to be concluded, at least three parties must be involved, provided that a sufficiently large number of entrepreneurs have fulfilled the eligibility criteria and a sufficiently large number of parties it has been made available by admissible tenders. The relevant reasons for the evaluation of tenders shall be recorded in a comprehensible form. The contracting authority shall have the name of the entrepre or the person not taken into account by the tenderer the names of the entrepreneurs with whom or the framework agreement should be finalised. In this communication, the reasons for the failure to take into account and the characteristics and advantages of the successful offer, or of the successful offers, unless the disclosure of such information would be contrary to public interests or the legitimate business interests of entrepreneurs, or would be detrimental to free and fair competition. There is no obligation to notify which contractor to conclude the framework agreement, if a negotiated procedure has been carried out in accordance with Section 25 (1) (3) or (4) of the Framework Agreement.

(4) The contracting authority may not conclude the framework agreement with other absolute nullity within the standstill period. The standstill period begins with the dispatch of the communication, with which entreprenter or with which entrepreneurs the framework agreement is to be concluded. In the case of a transmission by electronic means or by fax, it shall be ten days, and shall be 15 days in the case of a transmission on a letter-by-letter basis. In carrying out a procurement procedure in the sub-threshold range, the standstill period is reduced to seven days. For a voluntary announcement or The notice shall apply in accordance with § § 41 (2) and (47) (5).

(5) The instrument of the Framework Agreement shall not be misused or applied in such a way as to impede, restrict or distort competition.

(6) The duration of a framework agreement may not exceed seven years, with the exception of those cases where this is due to the expected useful life of the delivered goods, installations or systems or to those caused by a change of entrepre may be justified by technical difficulties. The reasons for a longer period of time are to be recorded.

(7) Paragraph 114 shall apply mutatily to the revocation of a framework agreement.

Award of contracts under framework agreements

§ 130. (1) In the award of contracts based on a framework agreement, the parties may not make any substantive changes to the terms of the framework agreement.

(2) Contracts which are to be awarded on the basis of a framework agreement concluded in accordance with Section 129 shall be awarded in accordance with the procedures described in paragraphs 3 to 6. These methods are only available between the to the contracting authorities and to the to those entrepreneurs who have been parties to the framework agreement from the outset.

(3) Where a framework agreement is concluded with a single contractor in accordance with section 129 (3), the contract may be awarded in respect of the contracts based on this framework agreement.

1.

shall be issued directly to the tender laid down in the terms of the framework agreement under the conditions laid down in the framework agreement, or

2.

the client may ask the contractor in writing first, his offer

a)

on the basis of the original terms of the framework agreement for the award of contracts, or

b)

provided that not all the conditions for the award of contracts are laid down in the framework agreement itself, on the basis of the completed terms of the framework agreement for the award of contracts, or

c)

on the basis of other conditions set out in the tender documents of the framework agreement

if necessary, to improve, complete or modify, and only thereafter grant the contract in accordance with the conditions laid down in the invitation to tender of the framework agreement.

(4) Where a framework agreement with several entrepreneurs is concluded in accordance with Article 129 (3), the contract shall be awarded for the contracts based on this framework agreement.

1.

directly on the basis of the terms of the framework agreement, without renewed call for competition, or

2.

After renewed appeal by the parties to the competition

to the Commission.

(5) Unless all the conditions for the award of the contracts are set out in the framework agreement itself, the re-appeal of the parties to the competition pursuant to paragraph 4 (2) (2) may be

1.

on the basis of the original and now completed terms of the framework agreement for the award of contracts, or

2.

on the basis of other conditions set out in the tender documents of the framework agreement

,

(6) In the case of a renewed call by the parties to the competition in accordance with paragraph 4 (2), the contracting entity may grant the contract either after conducting an electronic auction in accordance with § § 124 to 127 or following the implementation of the following procedure:

1.

Prior to the award of each individual order, the client shall consult in writing those parties to the framework agreement which are in a position to provide the performance that is specifically requested.

2.

The contracting authority shall set a reasonable time limit for the submission of new tenders for each individual contract. In setting the time limit, the contracting authority shall take due account, in particular, of the complexity of the subject-matter of the contract and of the time required for the transmission of tenders and other documents.

3.

The offers must be submitted in writing and their content shall be kept secret until the end of the offer period.

4.

The contract shall be awarded to the award criterion or to the award criterion as defined on the basis of the invitation to tender of the framework agreement. Award criteria should be awarded to the best rated offer. The reasons for the award decision shall be recorded in writing. With regard to the announcement of the award decision, the effectiveness of the contract and the form of the conclusion of the contract, § § 107 to 110 shall apply.

(7) § 114 shall apply mutatily to the revocation of a procedure pursuant to paragraphs 3 to 6.

Section 5

Provisions relating to competitive dialogue

General

Section 131. (1) The provisions of this Section shall apply exclusively to the conduct of a competitive dialogue, the 1. Part, Sections 4 to 9, 17, 18 (1) to 3, 23 (7), 28, 29, 35 to 51, 54 to 66, of the 3. and 4. Part as well as the rules referred to in this section.

(2) In the case of a contract award by means of a competitive dialogue, the contract shall be awarded to the most technically and economically advantageous tender.

Participants in the competitive dialogue

§ 132. (1) The adjudicating entity shall formulate its requirements and requirements in the announcement of the competitive dialogue according to § 38.

(2) In any case, the notice shall contain the following information:

1.

the minimum number of participants and, where appropriate, the maximum number of participants;

2.

the selection and selection criteria;

3.

determination of whether the dialogue will be conducted in several phases and whether the number of solutions to be discussed will be reduced in the various stages;

4.

a detailed explanation of the needs and requirements of the contracting authority;

5.

the award criteria;

6.

whether premiums or payments are to be made for the participants in the dialogue.

The information provided for in Z 4 to 6 may, by way of derogation, be included in a description as provided for in paragraph 9.

(3) Applications for participation may be submitted in a letter or electronic form.

(4) Applicants who have submitted requests for participation in due time on the basis of the notice and who, in accordance with § § 57 to 66, are entitled to be entitled, capable and reliable, shall be entitled to participate in the competition on the basis of paragraphs 6 to 8 of the Invite dialog.

(5) The examination of the requests for participation shall be subject to a record in which all the relevant circumstances for the assessment of the requests for participation are to be recorded. The applicant may consult the part of the minutes relating to his application for participation. In the design of the transcript, it is necessary to take care.

(6) The number of applicants to be charged shall be determined in accordance with the performance, but shall not be less than three. The fixed number must ensure genuine competition. The objective and non-discriminatory selection criteria shall take account of the specific needs of the project which is the subject of the dialogue.

(7) In cases where requests to participate are more than the number of candidates to be submitted by the adjudicating entity, the contracting authority shall select the best candidates, on the basis of the selection criteria, among the appropriate candidates. The main reasons for the selection are to be recorded in a comprehensible form. The contracting authority shall notify the candidates not invited to participate in the dialogue without delay of this decision, but at least one week after the selection has been completed, with the announcement of the reasons for the failure to take into account. The reasons for non-consideration shall not be disclosed, provided that the disclosure of such information is contrary to public interests or the legitimate business interests of entrepreneurs, or is detrimental to free and fair competition. Would.

(8) Where the number of applications for participation is from suitable candidates under the minimum number of participants set by the contracting authority, the contracting entity may continue the procedure with the appropriate candidates. The contracting authority may not invite applicants who do not have the necessary aptitude or who have not submitted a participation request to participate in the dialogue.

(9) The adjudicating entity shall invite the selected candidates simultaneously and in writing to participate in the competitive dialogue. If the documents are not provided on the Internet, the request shall be accompanied by the description and any additional documents. It shall contain at least the following information:

1.

the Internet address (URL) under which the documents may be available on the Internet;

2.

the address or the electronic address of the body where additional documents may be requested, where appropriate;

3.

the amount to be paid, where appropriate, for the additional documents and the conditions for payment of the amount;

4.

an indication of the publication of the notice;

5.

the weighting or, where appropriate, the order of importance of the award criteria if they are not included in the contract notice or in the description.;

6.

the date by which the candidates have to submit their proposed solution or proposals for solutions, the date of which must be prior to the date of the beginning of the dialogue phase;

7.

Address where the solution proposal or proposed solutions are to be submitted;

8.

the date and place of the beginning of the dialogue phase, as well as the language used;

9.

the name of the documents which may be submitted for the purpose of proving the suitability of the documents.

Dialog phase

§ 133. (1) The client shall conduct a dialogue with the participants with the aim of identifying the solution or solutions with which or with which their needs and requirements can best be met. In this dialogue, the contracting entity may discuss with the participants all aspects of the contract and, if necessary, adapt the description of its needs and requirements on the basis of the discussions. If the description of the needs and requirements of the client is adapted, this is to be announced to all participants in the dialogue.

(2) The adjudicating entity shall refrain from any discriminatory transfer of information which may favour certain participants in relation to others.

(3) In the course of this dialogue, the adjudicating entity shall discuss with each participant only the solution submitted or the solutions presented by it. Solutions of other participants may only be included in the discussion on the condition of paragraph 4.

(4) The client may disclose solutions, parts of solutions or confidential information of a participant only with his consent to the other participants.

(5) Where the contracting entity makes use of the possibility of carrying out the procedure in several successive stages, it may use the solutions to be discussed in the light of the information provided for in the notice or description. Reduce the award criteria during the dialogue phase. The contracting authority shall immediately, in any event, but one week after the conclusion of the relevant phase, with the announcement of the reasons for the failure to take account, of the participants whose solution is not further taken into account shall be: . The reasons for non-consideration shall not be disclosed, provided that the disclosure of such information is contrary to public interests or the legitimate business interests of entrepreneurs, or is detrimental to free and fair competition. Would.

(6) The contracting authority shall continue the dialogue until it has identified the solution or solutions which are or are best suited to the fulfilment of its needs and requirements. Where there is a sufficient number of solutions according to the first sentence, there are still so many solutions at the end of the dialogue phase that genuine competition is guaranteed.

(7) The client shall immediately announce the conclusion of the dialogue phase and the broad lines of the chosen solution or solutions to all participants in the dialogue.

Invitation to tender and award of the order

§ 134. (1) The adjudicating entity shall be required to request the remaining participant, on the basis of the solution or solutions submitted by the participant in the dialogue phase or in the dialogue phase, respectively. to put their offer. In this request, the contracting authority shall, where appropriate, complete and adapt the description, in accordance with the results of the discussions, unless this is necessary to modify the basic elements of the contract notice and to A description which could distort competition or have a discriminatory effect.

(2) An offer must include all the elements required to carry out the project.

(3) At the request of the adjudicating entity, the tenderer may clarify, clarify, fine-tune and supplement his tender, provided that this does not lead to a change in the basic elements of the offer or description which distort competition or which could have a discriminatory effect.

(4) In accordance with the award criteria provided for in the description and possibly completed or adapted in the context of the invitation to tender according to paragraph 1, the adjudicating entity shall have the most technically and economically advantageous tender. . § § 107 and 108 shall apply for the contract.

(5) At the request of the adjudicating entity, the offeror, whose tender has been identified as having the most technically and economically advantageous tender, shall be able to clarify certain aspects of his tender or to confirm the commitments contained therein, provided that this is not the case. a change in the essential aspects of the offer or description which could distort competition or have a discriminatory effect.

(6) § 114 shall apply mutagenly to the revocation of a competitive dialogue.

Part 3

Legal protection in front of the Federal Procurement Office

General

§ 135. The 4. Part of the BVergG 2006 also applies to legal protection procedures under this federal law. References in the 4. Part of the BVergG 2006 on the BVergG 2006 are considered as references to this federal law and/or federal law. as references to the relevant provisions of this Federal Law.

Additional organisational provisions

§ 136. (1) A member of the Federal Procurement Office must abstain from the performance of his duties and arrange for his/her representation if classified information is affected in proceedings before the Federal Procurement Office and the Member is not responsible for the has a prescribed level of security for the classified information concerned.

(2) In the Rules of Procedure of the Federal Procurement Office pursuant to § 308 BVergG 2006, provisions relating to the handling and protection of classified documents and information relating to the proceedings before the Federal Procurement Office must be taken. The Rules of Procedure shall, where necessary, include provisions on the place of negotiation, the convening and the conduct of negotiations which may or may have classified information on the subject.

(3) In the preparation of the decisions pursuant to § 310 BVergG 2006, the protection of classified information shall be guaranteed.

(4) The Federal Procurement Office shall ensure that a corresponding number of members is available for the treatment of legal protection proceedings pursuant to this Federal Act, which shall be the required number of members. required security level for dealing with classified information. If the Federal Procurement Office does not have the appropriate number of members in accordance with the first sentence, a security check shall be carried out. Reliability testing in accordance with § § 55 to 55b SPG or 23 and 24 MBG in respect of those members who are responsible in accordance with the business distribution for the implementation of legal protection procedures pursuant to this Federal Act. These members shall have a security or security policy. Declaration of reliability in accordance with § § 55b (1) SPG or 24 para. 1 MBG to be delivered. According to § § 55b paragraph 1 SPG or 24 para. 1 MBG required consents of the persons concerned for security screening and/or Reliability testing is considered to be granted.

(5) In the case of the appointment of the members of the Federal Procurement Office, it should be considered that a sufficient number of persons are required to verify their safety or security. Reliable test with positive result has been completed.

(6) In the event that this is necessary for the protection of classified information, the Federal Procurement Office is entitled to be economically offered and reasonable for the service to which it is subject, entitled, for the treatment of legal protection proceedings pursuant to this Regulation. Federal law to use infrastructure facilities of federal services to the extent necessary for this purpose.

Additional procedural provisions

§ 137. (1) The public shall be excluded from the oral proceedings in accordance with § 316 BVergG 2006, insofar as this is necessary for the maintenance of national security or for the protection of classified information. Parties, parties or their representatives shall be excluded from the oral proceedings in accordance with § 316 BVergG 2006 to the extent that classified information is subject to classified information in proceedings before the Federal Procurement Office and the party, or the party or whose representative does not have the required security level for the classified information concerned.

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

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

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

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

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

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

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

(9) For applications in legal protection proceedings pursuant to this Federal Act and the relevant proceedings before the Federal Procurement Office, no fees shall be charged according to the Fees Act.

Part 4

Non-State control and civil law

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

§ 138. (1) Where the Commission requests the Republic of Austria for its opinion on matters relating to public procurement in connection with this Federal Act, or calls on the Republic of Austria to comply with a supposed infringement of the The following paragraphs shall be adopted in accordance with the provisions of Union law.

(2) The Federal Minister for European and International Affairs has to ensure the rapid transfer of information in the transport sector between the Republic of Austria, on the one hand, and the Commission, on the other hand. The Federal Minister for European and International Affairs shall immediately forward a letter from the Commission to the Federal Chancellor for matters relating to paragraph 1. In the case of contracting entities which fall within the full drawing area of a country, the respective Land Government shall be informed. Austrian opinions to the Commission shall be submitted on the basis of the written documents of the award procedure to be submitted by the contracting authority and by any interested parties, if appropriate after consulting the contracting authority. or an entrepre of an entreptite, to prepare by the Federal Chancellor and to be submitted by the Permanent Representation of Austria to the EU.

(3) Insofar as the Republic of Austria is subject to the obligation to provide notification to the Commission in accordance with the provisions of the Union law, the contracting authority concerned has, respectively, the following: the issuing body or the operator concerned shall submit the following documents to the Federal Chancellor not later than 15 days after the date of receipt of the said request for the purpose of forwarding to the Commission:

1.

a complete dossier relating to the tendering procedure and the unlawfulness claimed or established by the Commission in accordance with paragraph 1, any other relevant documents, and

2.

either

a)

proof that the illegality has been removed, or

b)

a detailed explanation of why the illegality has not been removed, or

c)

the notification that the award procedure in question has been suspended either at the request of the contracting authority or in the context of a review procedure.

(4) In an explanatory statement in accordance with paragraph 3, Z 2 lit. b may, in particular, assert that the alleged illegality is already the subject of a review procedure. In such a case, the contracting authority shall inform the Federal Chancellor without delay of the outcome of this procedure for the purpose of understanding the Commission.

(5) According to a communication pursuant to paragraph 3, Z 2 lit. (c) where appropriate, the contracting authority shall immediately terminate the suspension or opening of a new procurement procedure relating in whole or in part to the earlier award procedure to the Federal Chancellor for the purpose of understanding the Commission to announce. Such a new communication must either confirm that the alleged illegality has been removed or give a detailed explanation of why the illegality has not been removed.

Claims for damages and recourse against the beneficiary

§ 139. (1) In case of a sufficiently qualified violation of this Federal Act or the regulations issued under this Federal Act by bodies of the adjudicating entity or a donating body, a superior applicant or tenderer has against the Contracting entities to which the institutions ' conduct is to be attributed shall be entitled to compensation for the costs of the bid and the costs of participation in the award procedure.

(2) No claim is made in accordance with paragraph 1 if, after the award of the award procedure or after the declaration of withdrawal of an award procedure by the relevant competent contracting authority, it has been established that the applicant or tenderer who has passed the contract has also been Compliance with the provisions of this Federal Act and the regulations of this Act would not have had a real chance of granting the surname or if the injured party had the damage by applying for a temporary inversion and by submitting a request for a request. could have averted a review request.

(3) As an alternative to the claim referred to in paragraph 1 above, the transferred bidder on whose offer the surcharge should have been granted shall, in the event of a sufficiently qualified violation of this federal law or the provisions of this Federal Law, have the right to shall be entitled to a replacement of the interest in the performance by the institution of the contracting authority or by a losing body against the contracting authority to which the conduct of the institutions is to be attributed.

(4) No claim pursuant to paragraph 3 exists if, after the award of the award procedure or the declaration of the withdrawal of an award procedure by the relevant competent contracting authority, it has been determined that the superior bidder also has to comply with the The provisions of this Federal Act and the regulations of this Act would not have had a real chance of granting the award, or if the injured party had the damage by applying for a temporary inversion and by placing an order for the damage caused by the accident. The request for a follow-up examination could have been averted.

(5) The replacement contracting authority may take recourse against the beneficiary bidder if the infringement is a criminal offence and the beneficiary or persons whose participation in the award procedure is concerned in accordance with § 12 of the German StGB (German Civil Code). This person shall be liable to the person responsible for the fault of the contracting authority. In accordance with the law on service liability, the issuing body shall show solidarity, insofar as it is in accordance with the law on the liability of the Federal Government No 80/1965, is liable.

Contracting authority's right of withdrawal

§ 140. Where the beneficiary or a person who has served in the award procedure has committed a criminal offence which has been liable to influence the decision on the award of the award, the Contracting authorities shall declare their resignation from an order already issued.

Relationship with other legislation

§ 141. In addition, the replacement claims, the injunction claims, the solidarity arrests and the resignation and other design rights, which are in accordance with other legislation, remain unaffected.

Competence and procedures

Section 142. (1) In order to take a decision on claims in accordance with § § 139 and 140, the Court of Justice shall have exclusive jurisdiction, without regard to the value of the dispute, in the first instance of the Court of Justice entrusted with the exercise of general jurisdiction in civil law matters, in whose reputation is based on the principal of the client. In the absence of such a place of jurisdiction in Germany, the Landesgericht für Zivilrechtssachen (Regional Court for Civil Law) Vienna is responsible.

(2) A claim for damages shall be admissible only if it has been previously established by the competent contracting authority that:

1.

in the event of a breach of this federal law or the regulations issued for that purpose, or because of an infringement of Union law directly applicable, the award does not, in accordance with the information provided in the invitation to tender, offer the lowest price offer or the most technically and economically advantageous tender, or

2.

the choice of direct award or award procedure without prior notice has not been correctly followed, or

3.

the declaration of the withdrawal of an award procedure was unlawful because of a breach of this federal law or the regulations issued for this purpose or because of an infringement of EU law directly applicable to the award of the contract; or

4.

an award of the award, which was made without the involvement of other entrepreneurs directly to an entreprent, was manifestly inadmissible on the basis of the provisions of this Federal Act, or

5.

the contracting authority, after having exceeded the time limit for the award of the contract and contrary to the request of the tenderer for the continuation of the proceedings, does not end the proceedings either by means of a declaration of revocation or by the award of a contract, nor the procedure in Wise continued.

This shall also apply to the claims referred to in section 139 (3) and to claims arising from unfair competition. Without prejudice to paragraph 4, the court and the parties to the proceedings shall be bound before the Federal Procurement Office to such a determination.

(3) By way of derogation from paragraph 2, a claim for damages shall be admissible if the declaration of withdrawal of an award procedure was admissible, but by a sufficiently qualified breach of other provisions of this federal law by the adjudicating entity, which it was caused by regulations or by Union law directly applicable to that purpose.

(4) Where the decision of the dispute is dependent on the question of the illegality of a decision of a contracting authority, and if the court considers that the decision is unlawful, it shall interrupt the proceedings and Administrative court with appeal pursuant to Art. 131 (2) B-VG to seek the determination of the illegality of the defection. After a long period of recognition of the Administrative Court, the Court of First Instance has to continue the proceedings and to decide on the legal dispute with respect to the legal opinion of the Administrative Court.

Effect of a discerning discovery on the completed contract

§ 143. If a decision by a contracting authority is annulled by the Constitutional or Administrative Court and the award has been granted before the decision of the Constitutional Court or the Administrative Court, both the uplifting knowledge as the subsequent determination of the contracting authority that the adjudicating decision of the contracting authority was unlawful shall also not affect the contract concluded.

Part 6

Penal, final and transitional provisions

Criminal provisions

§ 144. (1) Anyone who, acting as a contracting authority whose institutions are not bound by Article 20 B-VG, or as a person concerned by a procedure within the scope of this Federal Law between the Republic of Austria and the Commission, or An entrepellent of an entrepellent entreptised entrepre of his or her participation, arrival or subsumption in accordance with § § 36, 37 or 138 or in accordance with § 313 para. 1 BVergG 2006 violates an administrative transgressive and is punishable by a fine of up to 50 000 euros.

(2) The administrative penalties provided for in paragraph 1 shall be imposed by the district administrative authority in the sphere of action of a federal police directorate.

Entry into force and transitional provisions

§ 145. (1) This federal law shall enter into force at the rate of the second consecutive month of the customer.

(2) § 44 (1) shall apply until nine months after the date of entry into force in accordance with paragraph 1, with the proviso that the Federal Chancellor and the national governments for the respective full-education sector shall establish a publication medium in each case by means of a regulation in which the contracting entities may publish notices or, in any event, have to publish notices.

(3) The award procedures already initiated in accordance with the provisions of BVergG 2006 at the time of entry into force in accordance with paragraph 1 of this Article shall be completed in accordance with the current legal situation. Proceedings pending at the Federal Procurement Office at the time of entry into force are to be continued by the Federal Procurement Office in accordance with the current legal situation. With regard to the award procedures which have already been terminated at the time of the entry into force of this Federal Act, the implementation of the procedures for the award of the contract shall be based on the current legal situation.

Release and entry into force of regulations

§ 146. Regulations and customer orders on the basis of this Federal Act, in particular also in its new versions, may already be issued from the day of the presentation of the respective federal law, but shall not be put into effect before it.

Applicability of the provisions of this Federal Act

§ 147. To the extent that other federal legislation refers to provisions of the BVergG 2006, the relevant provisions of this Federal Law shall be replaced by the relevant provisions of this Federal Act.

Enforcement

§ 148. (1) To the extent that the enforcement of the matters governed by this Federal Law is not a matter of national law, enforcement of the law shall be

1.

§ § 16, 36 (3), 42, 44 (1), 47 (2), 110 (3) and 148 (2) and (3) of the Federal Chancellors,

2.

Section 138 (2), fourth sentence, of the Federal Chancellors and the Federal Minister for European and International Affairs,

3.

Section 138 (2) of the first and second sentences of the Federal Ministers for European and International Affairs,

4.

§ § 37 and 61 (4) first sentence of the Federal Minister for European and International Affairs and the Federal Minister for Economic Affairs, Family and Youth,

5.

§ § 139 to 142, the Federal Minister for Justice,

6.

§ § 36 (1), 61 (4), second sentence, and 104 (6) of the Federal Minister for Economic Affairs, Family and Youth,

7.

of the remaining provisions of this Federal Law, insofar as only the scope of action of a Federal Minister is concerned, the Federal Minister, and

8.

incidentally, the Federal Government

.

(2) In so far as Austria's obligations under international law or the amendment of European Union law require this or this is permissible under the law of the Union, the Federal Chancellor may, by means of a regulation, determine that instead of the Annexes I to X Other definitions of the scope of the application, or rather the other lists of professional titles or Union provisions, as apparent from the annexes, Information for notices should be used or other features for publication or publication other requirements applicable to the devices for receiving electronically transmitted data sets. To the extent that this is necessary in the interests of a uniform and appropriate procedure for the award of contracts, the Federal Chancellor may, by means of a regulation, determine that instead of Hanges VIII other patterns shall be used for publication.

(3) Insofar as the reference in Annex I, Part B the EU's military list of military goods should be brought into line with a new version of this list of military goods, the Federal Chancellor has announced the reference to the new version of the EU Military List in the Federal Law Gazans.

Referrals, personal names

Section 149. (1) Where reference is made in this Federal Act to provisions of other federal laws, this is to be understood as referring to the version in force in each case.

(2) All personal names used in this Federal Act shall apply equally to persons of both female and male sex.

References to acts of the Union

§ 150. The following acts of the European Union are implemented by this federal law, respectively. :

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 contracts, public supply contracts and public service contracts in the fields of defence and security and amending the Directives 2004 /17/EC and 2004 /18/EC, OJ L 136, 31.5.2004, No. OJ L 216 of 20 August 2009 p. 76.

2.

Regulation (EC) No 1177/2009 amending Directives 2004 /17/EC, 2004 /18/EC and 2009 /81/EC as regards the thresholds for procurement procedures, OJ L 145, 31.5.2009, p. No. OJ L 314, 01.12.2009 p.64.

3.

Implementing Regulation (EU) No 842/2011 introducing standard forms for the publication of contract notices in the field of public contracts and repealing Regulation (EC) No 1564/2005, OJ L 327, 22.11.2005, p. No. OJ L 222 of 27 August 2011 p. 1.

Annex I

List of Military Equipment

PART A

Military Equipment List 1958

1.

Handguns, also automatic, such as rifles, carabiners, revolvers, pistols, machine guns and machine guns, with the exception of hunting weapons, small-caliber pistols and other small-calibre weapons with a calibre below 7 mm.

2.

Artillerist weapons, fog, gas and flamethrowers, such as

a)

Cannons, howitzers, mortars, guns, anti-tank weapons, rocket launchers, flamethrowers, non-returnable cannons;

b)

War equipment such as fog and gas cannon.

3.

Ammunition for the weapons listed under Z 1 and 2.

4.

Bombs, torpedoes, missiles and remote-controlled warfare:

a)

Bombs, torpedoes, grenades, including fog grenades, smoking pots, missiles, mines, remote-controlled warrior, water bombs, fire bombs;

b)

Apparatus and devices for military purposes, specially designed for handling, sharpening, defusing, detonation and detection of the under-lit. a listed equipment.

5.

Fire-conducting material for military purposes:

a)

flight test equipment, infrared target equipment and other night target material;

b)

distance meters, locating devices, altimeter;

c)

electronic, gyroscopic, optical and acoustic observation devices;

d)

Bomb-throwing and levelling equipment for cannons, periscopes for the devices listed in this list.

6.

Armored vehicles and vehicles specially designed for military purposes:

a)

armored vehicles;

b)

Military vehicles, armed or armoured, including amphibious vehicles;

c)

Armoured trains;

d)

military vehicles (half-chain vehicles);

e)

Military vehicles for the repair of armoured vehicles;

f)

especially for the transport of the ammunition listed under Z 3 and 4.

7.

Toxic or radioactive substances:

a)

biological or chemical toxic substances and radioactive substances for the destruction of humans, animals or harvests in the event of war;

b)

military equipment for the dissemination, detection and identification of the under-lit. Substances listed;

c)

Material for protection against the under lit. a listed substances.

8.

Powder, explosives and liquid or solid propellants:

a)

powder and liquid or solid propellants, in particular for the equipment listed under Z 3, 4 and 7;

b)

explosives for military purposes;

c)

Fire phrases and gelling means for military purposes.

9.

Warships and their special equipment:

a)

Warships of all kinds;

b)

Special equipment for miners, minesearch and mine clearance;

c)

Submarine networks.

10.

Aircraft and their equipment for military purposes.

11.

Electron material for military purposes.

12.

Cameras specially designed for military purposes.

13.

Other equipment:

a)

Parachutes and parachute equipment;

b)

equipment specially designed for military purposes for the crossing of watercourses;

c)

electronically controlled headlights for military purposes.

14.

Other equipment and other materials: parts and parts of the material listed in this list, provided that they have a military character.

15.

Machinery, equipment and tools developed exclusively for the development, manufacture, testing and control of the weapons, munitions and purely military equipment listed in this list.

PART B

Military assets in accordance with the EU Military Goods List

Military equipment listed in the European Union Military List, OJ L 327, 28.4.2002, p. No. OJ C 86 of 18 March 2011, p. 1.

Annex II

List of activities according to § 5 Z 1

ACTIVITIES

CPV Reference Number

Department

Group

Class

Description

Notes

45

Construction

This department includes:

New construction, renovation and normal repair

45000000

45.1

Pre-construction site work

45100000

45.11

Demolition of buildings, earthmoving work

This class includes:

-

Demolition of buildings and other buildings

-

Cleaning up of construction sites

-

Earth movements: disdain, earth replenishing, leveling and planting of building sites, excavation excavation, rock mining, blasting, etc.

-

Development of deposits:

-

Construction of mine building, clearing of the cover mountains and other construction and construction works

This class also includes:

-

Dewatering of construction sites

-

Drainage of agricultural and forestry areas

45110000

45.12

Test and
Search hole

This class includes:

-

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

This class does not include:

-

Oil and gas drilling for promotional purposes on a contractual basis (see 11.20)

-

Brunnenbau (s. 45.25)

-

Shaft construction (see 45.25)

-

Exploration of petroleum and natural gas fields, geophysical, geological and seismic measurements (see 74.20)

45120000

45.2

High-and
Civil engineering

45200000

45.21

Construction,
Bridges and tunnelling and the like.

This class includes:

Construction of all kinds of buildings

Erection of bridges, tunnels, etc.:

Bridges (including highways), viaducts, tunnels and underpasses

Pipelines, telecommunications and high-voltage power lines, urban piping and cable networks, including related work

Manufacture of prefabricated concrete structures on the construction site

This class does not include:

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

Construction of complete prefabricated parts made of self-made parts, unless concrete (s. Divisions 20, 26 and 28)

Construction of sports grounds, stadiums, swimming pools, sports halls and other sports facilities (without buildings) (see 45.23)

Construction installation (s. 45.3)

Other construction (s. 45.4)

Activities of architecture and engineering offices (s. 74.20)

Project Management (s. 74.20)

45210000

45.22

Roofing, sealing and
Room/
Carpenter

This class includes:

Construction of roofs

Roofing

Sealing against water and moisture

45220000

45.23

Road construction and railway construction

This class includes:

Construction of motorways, roads and roads

Construction of railway lines

Construction of taxiways

Construction of sports grounds, stadiums, swimming pools, tennis courts and golf courses (without buildings)

Marking of roads and parking spaces

This class does not include:

Preparatory earth movements (s. 45.11)

45230000

45.24

Water Construction/
River, canal, port, power, lock and
Tallock construction

This class includes:

Construction of:

Waterways, harbours (including marinas), river buildings, locks, etc.

Dams and dykes

Wet baggerei

Underwater Work

45240000

45.25

Special construction and
other civil engineering

This class includes:

Special activities in civil engineering and civil engineering, the special expertise or Equipment required:

Manufacture of foundations, including the foundation of the pfab

Fountains and boxes

Assembly of foreign-related steel elements

Eisenbiegerei

Wall and plaster works

Installation and dismantling of scaffold and moving work platforms, including their rental

Chimney/Smoke catching, fire and industrial furnace construction

This class does not include:

Renting of scaffold without dismantling and dismantling (s. 71.32)

45250000

45.3

Installation

45300000

45.31

Electrical installation

This class includes:

Installation of:

Electrical lines and fittings

Communication systems

Electroheaters

Radio and television antennas (for residential buildings)

Fire alarm systems

Burglers

Elevators and escalators

Lightning ladders, etc.

in buildings and other
Buildings

45310000

45.32

Insulation against cold, heat, sound and
Shock

This class includes:

Insulation against cold, heat, sound and shaking in buildings and other buildings

This class does not include:

Sealing against water and moisture (see 45.22)

45320000

45.33

Klempnerei/
Installers, gas, water, sanitary, heating and ventilation systems

This class includes:

Installation or installation of:

Gas, water, and sanitary installation as well as execution of plumbing/plumbing works

Heating, ventilation, cooling and air conditioning systems

Ventilation channels

Sprinkler systems

in buildings and other
Buildings

This class does not include:

Installation of electric heaters (see 45.31)

45330000

45.34

Other
Installation

This class includes:

Installation of lighting and signalling systems for roads, railroads, airports and ports

Installation of equipment and fastening elements n.e.c. in buildings and other buildings

45340000

45.4

Other business
Construction

45400000

45.41

Stucco, Gipserei and stucco
Plaster

This class includes:

Stucco, plaster and plaster work inside and outside, including associated slatted formwork in and on buildings and other buildings

45410000

45.42

Bautischlerei

This class includes:

Installation of foreign-related doors, gates, windows, frames and frames, built-in kitchens, stairs, shop fittings, etc. made of wood or other
Material

Installation of ceilings, wall panelling, movable partition walls, etc. Interior design

This class does not include:

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

45420000

45.43

Floor, tile and plate leaving/
Tapezierer, room equipment

This class includes:

Tapetenkleberei/Tapezierer

Move from:

Wall and floor tiles or plates made of ceramic, concrete or stone

Parquet floors and other wooden floors

Carpets and linoleum floors as well as floor coverings made of rubber or synthetic material

Terrazzo, marble, granite or slate floors, as well as wall coverings made of these materials

45430000

45.44

Painters-and
Glass-making/painters and painters,
Glaser

This class includes:

Interior and exterior painting of buildings

Painting of civil and civil engineering buildings

Design of glass works, including the installation of glass panels, mirrors, etc.

This class does not include:

Window installation (s. 45.42)

45440000

45.45

Construction n.e.c.

This class includes:

Installation of swimming pools

Facade cleaning

Other construction and construction work n.e.c.

This class does not include:

Interior cleaning of buildings and other buildings (see 74.70)

45450000

45.5

Rental of construction machinery and equipment with operating personnel

45500000

45.50

Rental of construction machinery and equipment with operating personnel

This class does not include:

Rental of construction machinery and equipment without operating personnel (see 71.32)

Annex III

Priority Services

Category

Title

CPV Reference #

 1

Maintenance and repair

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

 2

Military assistance for foreign countries

75211300-1

 3

Defence, military defence
and civil defence

75220000-4, 75221000-1, 75222000-8

 4

Investigators, as well as security and security services

79700000-1 to 79720000-7

 5

Land transport

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

 6

Freight and passenger transport in air transport, without postal traffic

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

 7

Postal transport in land transport as well as air mail transport

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

 8

Railways

60200000-0 to 60220000-6

 9

Shipping

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

10

In addition to and ancillary activities of transport

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

11

Telecommunications

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

12

Financial services

insurance services;

66500000-5 to 66720000-3

13

Data processing and related activities

50310000-1 to 50324200-4, 72000000-5 to 72920000-5 (except 72318000-7 and 72700000-7 to 772720000-3), 79342410-4, 9342410-4

14

Research and development services 1 , assessment tests

73000000-2 to 73436000-7

15

Accounting, accounting and auditing

79210000-9 to 79212500-8

16

Business consulting 2 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 consulting and planning; integrated technical services; urban and landscape planning; related scientific and technical consulting; technical tests and analyses

71000000-8 to 71900000-7 (except 71550000-8) and 79994000-8

18

Building agreement and house administration

70300000-4 to 70340000-6 and 90900000-6 to 90924000-0

19

Waste and wastewater disposal; sanitary and similar services

90400000-1 to 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, 80650000-5, 80640000-2

Annex IV

Non-priority services

Category

Title

CPV Reference #

21

Restaurants and accommodation

55100000-1 to 55524000-9 and 98340000-8 to 98341100-6

22

Auxiliary and secondary activities for 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 to 79140000-7

24

Labour and labour supply 1)

79600000-0 to 79635000-4 (except 79611000-0, 79632000-3, 79633000-0), and 98500000-8 to 98514000-9

25

Health, Veterinary and Social Welding

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 commercial registers Certificates and affirsary declarations in accordance with § § 60 Z 1 and 61 (2) (1) (1) *)

A. For works contracts:

-

for Belgium, the "Registre du Commerce"-"Handelsregister";

-

for Bulgaria the "Търговски регистър";

-

for Denmark, the "Erhvervs-og Selskabsstyrelsen";

-

for Germany, the "Trade Register" and the "Handwerksrolle";

-

for Greece, the "Μητρώο Εργοληπτικών Επιχειρήσεων"-MEEΠ of the Ministry of the Environment, Regional Planning and Public Works ('ΥΠΕΧΩΔΕ ')/' Mitróo Ergoliptikón Epichiríseon '-M.E.E.P. of the Ministry of the Environment, Regional Planning and Public Works (YPECHODE);

-

for Spain, the "Registro oficial de Empresas Clasificadas del Ministerio de Hacienda";

-

for France, the "Registre du commerci et des sociétés" and the "Répertoire des métiers";

-

in the case of Ireland, the trader may be invited to submit a certificate from the Registrar of Companies or the Registrar of Friendly Societies or the affidavit he has issued for the purpose of carrying out the profession in question in in the country in which he is established, in a certain place and under a certain name;

-

for Italy, the "Registro della Camera di commercio, industria, agricoltura e artigianato";

-

for Luxembourg, the "Registre aux firmes" and the "Rôle de la Chambre des métiers";

-

in the case of the Netherlands, the 'commercial register';

-

for Austria, the "Company Book", the "Gewerberegister", the "Member Directories of the State Chambers";

-

for Portugal, the Register of 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, the "aktiebolags-, handels-eller föreningsregistren";

-

in the case of the United Kingdom, the trader may be required to submit a certificate issued by the Registrar of Companies or the affidavit he has issued, that he or she shall submit a certificate to the person concerned in the country in which he/she is , is established in a given place and under a specific company name;

-

for the Czech Republic, the "obchodní rejstřík";

-

for Estonia, the "Registrite ja Infosüsteemide Keskus";

-

in the case of Cyprus, the entrepre shall be requested to certify in accordance with the law on the registration and examination of civil engineering and contractors (Συμβούλιο Εγγραφής και Ελέγχου Εργοληπτών Οικοδομικών και Τεχνιών Βργων), Council for the registration and verification of civil engineering and construction contractors;

-

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 tat-Taxxa tal-Valur Miżjud (VAT) u n-numru tal-liċenzja ta' kummergence" and, if it has a business partner or is a company, the relevant registration number , which have been issued by the Maltese Financial Services Authority;

-

for Poland, the "Krajowy Rejestr Sądowy" (National Court Register);

-

for Slovenia, the "Sodni register" and the "obrtni register";

-

the "Obchodný register" for Slovakia;

-

for Iceland, the "Firmaskrá";

-

for Liechtenstein, the "Gewerberegister";

-

for Norway, the "Foretaksregisteret".

_________________

*) As "register", the registers listed in this Annex and, in the event of changes to be made at national level, the registers which are to be replaced by the register.

B. For delivery orders:

-

for Belgium, the "Registre du commerce"-"Handelsregister";

-

for Bulgaria the "Търговски регистър";

-

for Denmark, the "Erhvervs-og Selskabsstyrelsen";

-

for Germany, the "Trade Register" and the "Handwerksrolle";

-

For Greece, the "Βιοτεχνικό ή Βιομηχανικό ή Εμπορικό Επιμελητήριο"/"Viotechnikó í Viomichanikó í Emporikó Epimelitírio";

-

in the case of Spain, the "Registro Mercantil" or, in the case of non-registered individuals, a certificate stating that they have declared their oath to pursue the profession in question;

-

for France, the "Registre du commerce et des sociétés" and the "Répertoire des métiers";

-

in the case of Ireland, the contractor may be requested to submit a certificate from the Registrar of Companies or the Registrar of Friendly Societies, which indicates that the supplier is either incorporated or registered, or otherwise, a certificate of the affidavit issued by the person concerned, that he exercise the profession in question in the country in which he is established, in a given place and under a particular firm;

-

for Italy, the "Registro della Camera di commercio, industria, agricoltura e artigianato" and the "Registro delle Commissioni provinciali per l' artigianato";

-

for Luxembourg, the "Registre aux firmes" and the "Rôle de la Chambre des métiers";

-

in the case of the Netherlands, the 'commercial register';

-

for Austria, the "Company Book", the "Gewerberegister", the "Member Directories of the State Chambers";

-

for Portugal, the "Registro Nacional das Pessoas Colectivas";

-

for Romania, the "Registrul Comerţului";

-

for Finland, the "Kaupparekisteri"-"Handelsregistret";

-

for Sweden, the "aktiebolags-, handels-eller föreningsregistren";

-

in the case of the United Kingdom, the trader may be required to submit a certificate from the Registrar of Companies stating that the supplier is either incorporated or registered, or, otherwise, a certificate on the affidavit of the person concerned, declaring that he is carrying out the profession in question in the country in which he is established, in a given place and under a particular firm;

-

for Iceland, the "Firmaskrá";

-

for Liechtenstein, the "Gewerberegister";

-

for Norway, the "Foretaksregisteret";

-

for the Czech Republic, the "obchodní rejstřík";

-

for Estonia, the "Registrite ja Infosüsteemide Keskus";

-

in the case of Cyprus, the contractor may be required to submit a certificate issued by the business register and the trustee administrator (' παιρος Εταιρειών και Επίσημος Παι Επίσημος Παραλήπτης '), by which he or she shall be organised as a body or as a , or if it cannot be certified, to submit a certificate of the affidavit of the affidavit, stating that he/she is responsible for the profession in question in the country in which he is established. in a specific place and under a specific company name;

-

for Latvia, the "Uzņēmumu reģistrs" (Business Register);

-

for Lithuania, the "Juridinių asmenų registras";

-

in the case of Hungary, the 'Cégnyilvántartás', the 'egyéni vállalkozók jegyzői nyilvántartása' or, in the case of non-registered individuals, a certificate attesting that the person concerned is entitled to carry out the activity in question or to the person concerned. to pursue a profession;

-

for Malta, a bidder (or supplier) has its "numru ta 'reġistrazzjoni tat-Taxxa tal-Valur Miżjud (VAT) u n-numru tal-liċenzja ta' kummergence" and, if it has a business partner or is a company, the relevant registration number , which have been issued by the Maltese Financial Services Authority;

-

for Poland, the "Krajowy Rejestr Sądowy";

-

for Slovenia, the "Sodni register" and "obrtni register";

-

for Slovakia, the Obchodný register.

C. For service contracts:

-

for Belgium, the "Registre du commerce"-"Handelsregister" and the "Ordres professionnels"-"Beroepsorden";

-

for Bulgaria the "Търговски регистър";

-

for Denmark, the "Erhvervs-og Selskabsstyrelsen";

-

for Germany, the "Trade Register", the "Handwerksrolle", the "Register of Associations", the "Partnership Register" and the "Members ' Directories of the Chambers of Appeals of the Länder";

-

in the case of Greece, the service provider may require a declaration of oath made before the notary on the exercise of the profession in question; in the cases provided for by the national legislation in force, implementation of the study contracts in accordance with 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 des métiers";

-

in the case of Ireland, the trader may be invited to submit a certificate from the Registrar of Companies or the Registrar of Friendly Societies or the affidavit of the person concerned, to the effect that he or she shall: in the country in which he is established, in a particular place and under a particular firm;

-

for Italy, the "Registro della Camera di commercio, industria, agricoltura e artigianato", the "Registro delle Commissioni provinciali per l' artigianato", or the "Consiglio nazionale degli ordini professionali";

-

for Luxembourg, the "Registre aux firmes" and the "Rôle de la Chambre des métiers";

-

in the case of the Netherlands, the 'commercial register';

-

for Austria, the "Company Book", the "Gewerberegister", the "Member Directories of the State Chambers";

-

for Portugal, the "Registro nacional das Pessoas Colectivas";

-

for Romania, the "Registrul Comerţului";

-

for Finland, the "Kaupparekisteri"-"Handelsregistret";

-

for Sweden, the "aktiebolags-, handels-eller föreningsregistren";

-

in the case of the United Kingdom, the trader may be invited to submit a certificate issued by the Registrar of Companies or the affidavit of the person concerned, that he or she shall have the profession in question in that country, in which he is established, in a particular place and under a particular firm;

-

for Iceland, the "Firmaskrá" and the "Hlutafélagaskrá";

-

for Liechtenstein, the "Gewerberegister";

-

for Norway, the "Foretaksregisteret";

-

for the Czech Republic, the "obchodní rejstřík";

-

for Estonia, the "Registrite ja Infosüsteemide Keskus";

-

in the case of Cyprus, the contractor may be required to submit a certificate issued by the business register and the trustee administrator (παιρος Εταιρειών και Επίσημος Παι Επίσημος Παραλήπτης), by which he or she shall be organised as a body or as a , or if it cannot be certified, to submit a certificate of the affidavit of the affidavit, stating that he/she is responsible for the profession in question in the country in which he is established. in a specific place and under a specific company name;

-

for Latvia, the "Uzņēmumu reģistrs" (Business Register);

-

for Lithuania, the "Juridinių asmenų registras";

-

for Hungary, the "Cégnyilvántartás", the "egyéni vállalkozók jegyzői nyilvántartása", certain "szakmai kamarák nyilvántartása" or, in the case of certain activities, a certificate attesting that the person concerned is entitled to to carry out business or the profession in question;

-

for Malta, a bidder (or supplier) has its "numru ta 'reġistrazzjoni tat-Taxxa tal-Valur Miżjud (VAT) u n-numru tal-liċenzja ta' kummergence" and, if it has a business partner or is a company, the relevant registration number , which have been issued by the Maltese Financial Services Authority;

-

for Poland, the "Krajowy Rejestr Sądowy" (National Court Register);

-

for Slovenia, the "Sodni register" and "obrtni register";

-

for Slovakia, the Obchodný register.

Annex VI

Information provided in the upper threshold range in notices referred to in
§ § 38, 45, 46, 53 and 112 must be included

ANNOUNCEMENT OF THE PUBLICATION OF PRE-INFORMATION
ABOUT A SHADED PROFILE

1.

Country of the contracting authority

2.

Name of the Client

3.

Internet address (URL) of the "hardware profile"

4.

Reference number (s) of the CPV

NOTIFICATION OF PRE-INFORMATION

1.

the name, address, fax number, e-mail address of the contracting authority and, if different, the place where additional information can be obtained, and, in the case of service and works contracts, of the bodies, the relevant Internet site, where information is available on the general regulatory framework for taxation, environmental protection, occupational health and safety and working conditions in force at the place where the service is to be provided.

2.

Where appropriate, an indication that it is a procedure reserved for sheltered workshops or integrative establishments, or where the execution of the order may be carried out only within the framework of programmes for protected employment.

3.

Works contracts: the nature and scope of the works and the place of execution; in the event that the structure is divided into several lots, the main characteristics of each lot shall be indicated; if available, an estimate of the cost of the work shall be provided for the , reference number (s) of the CPV.

Supply contracts: type and quantity or value of the goods to be supplied; reference number (s) of the CPV.

Service contracts: total value of each procurement according to the individual categories of the Annex III; reference number (s) of the CPV.

4.

The expected date for the commencement of the contract award procedure, or of contracts, for service contracts by category.

5.

If appropriate, whether it is a framework agreement.

6.

Where appropriate, other information.

7.

the date of dispatch of the contract notice or the date of dispatch of the notice announcing the publication of this notice of pre-information on the profile of the certificate.

ANNOUNCEMENTS

Non-open procedures and negotiated procedures with prior notice, competitive dialogue:

1.

Name, address, telephone number and fax number, e-mail address of the client.

2.

Where appropriate, an indication that it is a procedure reserved for sheltered workshops or integrative establishments, or where the execution of the order may be carried out only within the framework of programmes for protected employment.

3.

(a) the award procedure chosen;

b)

where appropriate, justification for an expedited procedure (for non-open and negotiated procedures);

c)

where appropriate, whether it is a framework agreement;

d)

where appropriate, an indication that an electronic auction is to be carried out.

4.

Type of order.

5.

Place of execution or Execution of construction services, the supply of goods or the provision of services.

6.

(a) Construction contracts:

-

Type and extent of construction services, general characteristics of the structure. In particular, reference to options relating to additional works and, where known, to the provisional timetable for the use of these options and, where appropriate, to the number of renewals. If the structure or the order is divided into several lots, the size of the individual lots, the reference number (s) of the nomenclature.

-

information on the purpose of the work or of the contract, if it also includes the creation of drafts.

-

In the case of framework agreements, the duration of the framework agreement, the total value of the works envisaged for the entire duration of the framework agreement and, whenever possible, the value and frequency of the framework agreement, shall also be specified. Contracts shall be awarded.

b)

Supply Orders:

-

The nature of the goods to be supplied, in particular the indication of whether the offers are requested in respect of purchase, leasing, rental, hire purchase or a combination thereof. In this case, the reference number of the nomenclature shall be indicated. the quantity of the goods to be supplied, in particular reference to options relating to additional contracts and, where known, the provisional timetable for the use of these options and, where appropriate, the number of renewals; Reference number (s) of the nomenclature.

-

In the case of regularly recurring or permanent contracts, if known, for subsequent calls for tenders for the planned deliveries.

-

In the case of framework agreements, further indication of the duration of the agreement, the total value of the supplies estimated for the entire duration of the framework agreement and, whenever possible, the value and frequency of the supplies to be supplied. Orders.

c)

Service contracts:

-

Category of service and description; reference number (s) of the nomenclature. Scope of services. In particular, reference to options relating to additional contracts and, where known, to the provisional timetable for the use of these options and, where appropriate, to the number of renewals. In the case of regularly recurring or permanent contracts, if known, for subsequent calls for tenders for the planned deliveries.

-

For framework agreements, specify the duration of the agreement, the total value of the services estimated for the entire duration of the framework agreement and, whenever possible, the value and frequency of the services to be concluded. Contracts shall be awarded.

-

Indication as to whether the performance of the service is reserved by law, regulation or administrative provision to a specific profession.

-

Reference to the relevant legal and administrative provision.

-

Indication as to whether legal persons must indicate the names and professional qualifications of the persons to be responsible for the execution of the service in question.

7.

If the contract is divided into several lots, whether it is possible to submit tenders for one, several or all of the lots.

8.

Admissibility or prohibition of alternatives.

9.

Where appropriate, the percentage of the total value of the contract, which must be awarded to sub-contractors by means of a call for tenders.

10.

Where appropriate, eligibility criteria relating to the personal situation of the entrepellant, which may lead to his exclusion, and the information required as evidence that he does not fall within the circumstances justifying an exclusion. Suitability criteria and information on the personal situation of the economic operator, as well as information and formalities necessary to assess whether the economic operator meets the minimum economic and technical requirements. Any minimum requirement (s).

11.

The date on which the works/deliveries/services are to be terminated or the duration of the construction/supply/service order. Where possible, the date on which the works are to begin or where the supplies are to begin or arrive or the services are to be carried out.

12.

Where appropriate, special conditions relating to the performance of the contract.

13.

(a) Deadline for the receipt of requests for participation,

b)

Address to which tenders shall be addressed,

c)

Language (s) in which the offers must be written.

14.

Where appropriate, deposits and collateral required.

15.

Essential financing and payment conditions and/or references to the relevant regulations.

16.

Where appropriate, legal form which the bidding community to which the contract is to be awarded must have.

17.

Eligibility criteria relating to the personal situation of the economic operator, which may lead to his exclusion, and information required as evidence that he is not covered by the facts justifying an exclusion. Suitability criteria, particulars and formalities necessary to assess whether the economic operator meets the minimum economic and technical requirements. Any minimum requirement (s).

18.

In the case of framework agreements: the number and, where appropriate, the maximum number of entrepreneurs to become the party to the framework agreement, the duration of the agreement.

19.

For the competitive dialogue and the negotiated procedures with the prior publication of a contract notice, where appropriate, the procedure shall be carried out in successive stages in order to cover the number of solutions to be discussed, or to reduce the number of offers to be negotiated.

20.

In the case of restricted procedures, negotiated procedures and competitive dialogue, where the possibility is made of the possibility of requesting the number of candidates to be invited to submit a bid, to dialogue or to negotiate, Minimum number and, where appropriate, maximum number of candidates and objective criteria for the selection of this number of candidates.

21.

The award criteria "lowest price" or "lowest price" "technically and economically advantageous tender". The criteria for the technically and economically most favourable offer and their weighting and/or the criteria must be mentioned in descending order of importance if they are not included in the tender documents or in the tender documents, or in the case of the competitive dialogue, are included in the description.

22.

Where applicable, date/data of the publication of the pre-information according to the technical specifications of the Anhanges IX or A reference to their non-publication.

23.

Date of dispatch of the notice.

AWARD NOTICE

1.

Name and address of the contracting authority.

2.

Selected award procedure. In the case of negotiated procedures without prior notice, justification.

3.

Works contracts: type and extent of the services provided.

Supply contracts: type and quantity of the delivered goods, if necessary by 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 offers received.

7.

Name and address of the contractor (s).

8.

Paid price or price range (Minimum/Maximum).

9.

Value of the selected offer (offers) or the highest and lowest offer which was included in the award.

10.

Where appropriate, part of the contract which has to be forwarded to third parties and the value thereof.

11.

Where appropriate, the reasons justifying a period of validity of a framework agreement exceeding seven years.

12.

Date of publication of the contract notice in accordance with the requirements of Anhanges IX.

12.

Date of dispatch of the award notice.

Annex VII

Information which must be included in notices of subcontracting (pursuant to § 118)

1.

Name, address, fax number and e-mail address of the successful tenderer and, if different, the place at which additional information may be requested.

2.

(a) the place of execution or the execution of works, the supply of goods or the provision of services;

b)

the nature, number and extent of the works, general characteristics of the structure; this information shall be made with reference to the CPV codes;

c)

the nature of the goods to be supplied, indicating whether the tenders are requested in respect of purchase, leasing, rental, hire purchase or a combination thereof; this information shall be made with reference to the CPV codes;

d)

Category and description of the service; this information must be given by reference to the CPV codes.

3.

Any time limit for execution.

4.

The name and address of the body in which the contract documents and supporting documents may be requested.

5.

(a) the time limit for receipt of requests for participation and/or or the receipt of tenders;

b)

the address to which the tenders are to be sent;

c)

Language (s) in which they must be written.

6.

Any deposits or collateral that may be required.

7.

Objective criteria used for the selection of subcontractors, relating to their personal situation or to the evaluation of their offer.

8.

Other information.

9.

Date and dispatch of the notice.

Annex VIII

Pattern for the publication of procurement procedures in the sub-threshold sector

A. In any case, the notice shall contain (mandatory particulars):

1.

Name of the client.

2.

Category (construction, delivery, service) as well as the subject of performance, specifying the type and extent of the performance (partial performance, where applicable), as well as the place of performance and the period of performance; circumstances which are particularly suitable .

3.

An indication of the need for an administrative decision for the admissibility of the exercise of an activity in Austria as well as the obligation pursuant to Section 18 (1).

4.

in the case of proceedings in accordance with § § 30 and 33, if appropriate, information on the course of the proceedings and the indication where and when further information can be obtained or procured on the performance to be given.

B. In the non-open or negotiated procedure, the notice shall, in particular:
the following information shall be included:

1.

Date by which the requests for participation must be submitted.

2.

Details of which documents are to be included in the application.

3.

Place where more detailed information (application documents) can be obtained on the desired performance.

4.

Limitation of the number of candidates to be selected.

5.

Selection criteria.

6.

Instructions for automation-supported quotation, information required for the delivery of electronic offers.

C. The notice may include:

1.

Date by which the requests for participation must be submitted.

2.

Information on which documents are to be included in the application for participation (in particular, proof in accordance with § § 59 et seq.).

3.

Place where more detailed information (application documents) can be obtained on the desired performance.

4.

Limitation of the number of candidates to be selected.

5.

Award criteria.

Annex IX

Features for publishing

1. Publication of notices

a)

The standard forms for notices shall be sent by the adjudicating entity to the Office for Official Publications of the European Union. This also applies to the publication of pre-information, published on a description profile, and to the notice announcing the publication of a description profile.

The notices shall be published by the Publications Office of the European Union or, in the case of pre-information, on a buyer profile by the contracting authority.

The contracting authority may publish all notices on the Internet in its "buyer profile" according to Z 2.

b)

The Office for Official Publications of the European Union shall issue a certificate to the contracting authority on the publication of the contract notice.

2. Publication of additional information

The hardware profile may include pre-information, information on ongoing calls for tenders, planned orders, contracts awarded, procedures revoked and any other information of general interest such as contact point, telephone and fax numbers, Postal address and e-mail address included.

3. Patterns and procedures in the electronic transmission of notices

The model and the modalities for the electronic transmission of notices are available on the Internet address "http://simap.europa.eu".

Annex X

Requirements for the devices for electronic receipt of the
Applications for participation or offers

The equipment for the electronic receipt of applications for participation and tenders shall, by means of appropriate technical means and appropriate procedures, ensure that:

a)

the electronic signatures relating to applications for participation and the dispatch of tenders shall comply with national provisions in accordance with Directive 1999 /93/EC;

b)

the time and date of receipt of the requests for participation and offers can be determined accurately;

c)

it can be considered to be certain that no one can have access to the data transmitted in accordance with these requirements before the fixed dates;

d)

in the event of a breach of this access ban, it may be deemed to be certain that the infringement can be clearly uncovered;

e)

the dates of the opening of the data received may be fixed or modified only by the authorised persons;

f)

in the various stages of the contract award procedure, access to all data submitted, or a part of that data is only possible if the authorised persons are active at the same time;

g)

access to the data transmitted at the same time as authorised persons shall not be able to access the data until after the fixed date;

h)

the information received and opened in accordance with these requirements shall remain accessible only to those authorised for knowledge.

Article 2

Amendment of the Federal Law of Procurement 2006 (BVergG Novelle 2012)

The Federal Act on the awarding of contracts (Bundesvergabegesetz 2006-BVergG 2006), Federal Law Gazette (BGBl). I n ° 17, as last amended by the BGBl Regulation. II No 455/2010, shall be amended as follows:

1. In the table of contents, after the entry " § 41 Direct award " the entry " § 41a Direct award with prior notice ", after the entry " § 201 Direct award " the entry " § 201a Direct award after prior call for competition " inserted; the entries " 1. Main piece of State control " and " 2. Main piece of civil law provisions " § § 336 and 338 shall be deleted.

2. The entry before § 44 and before § 205 (section transcript) in the table of contents is in each case:

"Transmission of documents to the Commission"

3. The entries to § § 49 and 50 in the table of contents are:

" § 49. Voluntary announcements at Union level "

§ 50. Announcements at Union level "

4. The entry to § 177 in the table of contents is:

" § 177.

Construction and service concession contracts, purchase of road vehicles by operators
of public passenger transport services '

5. The entries to § § 210 and 211 in the table of contents are:

" § 210. Voluntary announcements at Union level "

" § 211. Announcements at Union level "

6. The entries to § § 337 and 338 in the table of contents are:

" § 337. Claims for damages


§ 338. Recourse to the beneficiary bidder "

7. The entry to § 351 in the table of contents is:

" § 351. References to Union acts "

8. § 2 Z 10 reads:

" 10.

The invitation to tender shall be the declaration by the contracting authority, addressed to a specific or indefinite number of entrepreneurs, in which it shall determine the performance which it wishes to obtain under which provisions (notice, call for competition, invitation to tender, Competition and auction documents, description of the requirements and requirements of the competitive dialogue, information on the performance to be awarded and on the further course of proceedings in the case of direct award of the contract with prior notice or after prior call for competition). "

9. In § 2 Z 16 lit. (a) sublit. nn) at the end of the point is replaced by a semicolon; the following sublit. oo) is added:

" oo)

in the case of direct award with prior notice or after prior call for competition: the choice of award procedure; the contract notice. "

10. In § 2 Z 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. Z 4, Annex XII I in the heading and Z 4 lit. b, Annex XIII Z 15, Annex XIV Z 11 and Annex XVI Z 1 lit. a to c becomes the word "Communities" by the word "Union" replaced.

11. In § 2 Z 40, first sentence, the word "Commercial Code" by the word "Business Code" replaced.

12. The introduction in § 2 Z 48 reads:

" 48.

Central procurement agency is a contracting authority in accordance with § § 3 (1) and (164) and (164) respectively. a contracting authority of another Member State of the European Union (EU or (a) or any other Contracting Party to the EEA Agreement which satisfies the requirements laid down in this legislation, the "

The following paragraph 6 is added to § 3:

" (6) If the contracting authority of a body which is not a contracting entity within the meaning of paragraph 1 and not a sector contractor within the meaning of § § 164 to 166 shall grant a service contract or a service concession, the subject matter of which shall be the subject of the contract. Whereas the provision of public passenger transport services under a public service contract within the meaning of Regulation (EC) No 1370/2007 must be established in the contract between the contracting authority and the body concerned that the in the case of the purchase of road vehicles in the upper threshold area the provisions of § 80 shall apply mutatily. "

14. § 10 Z 2 reads:

" 2.

for procurement procedures, to which Art. 346 of the Treaty on the Functioning of the European Union (TFEU) applies, "

15. In § 10 Z 4, the word order shall be "Commission of the European Communities" through the phrase "European Commission" and the expression "EGV" by the expression "TFEU" ; in § 10 Z 5 the word shall be replaced by "Community" by the expression "EU" ; in § 10 Z 6 the expression shall be replaced by: "EGV" by the expression "TFEU" replaced.

16. In § 10 Z 17, at the end of the period, the following shall be replaced by a paint, and the following Z 18 to 20 shall be added:

" 18.

for contracts in the defence and security sector, which are the Federal Act on the award of contracts in defence and security matters (Bundesvergabegesetz Defence and Security 2012-BVergGVS 2012), BGBl. I n ° 10/2012, as well as for orders which are excluded from the scope of the BVergGVS 2012 pursuant to § 9 BVergGVS 2012,

19.

for the procurement of supplies or services by contracting entities from a central purchasing body of another Member State of the EU or of any other party to the EEA Agreement, provided that the central purchasing body is responsible for the procurement of supplies or services. Procurement of these supplies or services has complied with procedural rules consistent with all the provisions of Directive 2004 /18/EC, as amended by Directive 2009 /81/EC, and subject to the effective use of such rules against contract award Legal remedies available under the provisions of the Directive 89 /665/EEC, as amended by Directive 2007 /66/EC,

20.

for the appointment of a central procurement agency of another Member State of the EU or of any other Contracting Party to the EEA Agreement by contracting entities with the procurement of construction, supply or services for such contracting entities, provided that the central purchasing authority complies with the rules of procedure laid down by all the provisions of Directive 2004 /18/EC, as amended by Directive 2009 /81/EC, in the procurement of such works, supplies or services. "

17. § 11 reads:

" § 11. § § 3 (1) and (6), (8), (8), (49), (336), (344) and (345) (1) to (3) shall apply exclusively for the award of service concession contracts by entities. Service concession contracts shall be concluded by contracting authorities in compliance with the fundamental freedoms of Union law and the prohibition of non-discrimination and, in so far as this is necessary on the basis of the value and subject of the contract, in principle, in a procedure involving a number of entrepreneurs, which ensures an adequate level of public opinion and which is in accordance with the principles of free and fair competition. The award of service concession contracts in a form-free procedure directly to a selected business owner (direct award) is only admissible if the estimated benefit value does not exceed EUR 50 000 without VAT; the The application of Article 5 (2) and (4) to (6) of Regulation (EC) No 1370/2007 shall remain unaffected. § 3 (5) of this Federal Act is to be applied in accordance with the terms of the contract for the award of service concession contracts. "

18. In the § § 12 (1) introductory sentence, para. 2 introductory sentence and para. 3 first sentence, 14 para. 3 second sentence, 15 para. 4 second sentence and subsection 5 second sentence, 16 para. 5 second sentence, and paragraph 6 second sentence, 126 para. 4 first sentence, 180 para. 1 Introductory sentence, para. 2 and para. 3, first sentence, 182 para. 3, second sentence, 183 para. 4, second sentence and para. 5, second sentence, 184 para. 5, second sentence and para. 6, second sentence, the word order is deleted. "without VAT" .

Article 14 (2) reads as follows:

" (2) In calculating the estimated order value of works contracts or building concession contracts, the estimated total value of all the goods required for the performance of the works shall be included in addition to the value of the contract value of the works, which are made available to the contractor by the contracting authority. The value of goods or services which are not necessary for the execution of a particular works contract may not be added to the value of this order, in particular with the consequence that the provisions of this Federal Law for the procurement of these goods or services will be circumvented. "

20. In § § 15 (5) and 16 (6) the amount shall be "40 000" by the amount "50 000" replaced.

21. In § § 18 (1) and 186 (1), the phrase " in so far as Austria's obligations under international law so require or are necessary or permitted under Community law, or in the interests of a uniform approach " through the phrase " in so far as this is necessary or permissible on the basis of obligations under international law of Austria or of European Union law, or in the interests of a uniform or more economic way of doing so " replaced; in section 18 (1), the reference "41 para. 2 Z 1" by reference "41 (2), 41a (2)" , in Section 186 (1), the reference "201 (2)" by reference "201 (2), 201a (2)" replaced.

22. In § § 19 (1), first sentence, 145 (1), first sentence, 178 (1) second sentence and 187 (1) first sentence, the word shall be: "Community law" by the word "Union Legal" replaced.

23. In Section 25 (1), the phrase "or a direct award" through the phrase ", a direct award or direct award with a prior notice" replaced.

24. § 25 (10) reads:

"(10) In the case of direct award, a service, where appropriate after the collection of offers or non-binding price information by one or more entrepreneurs, shall be obtained in a form-free form directly from a selected entreprenter for remuneration."

25. § 25 is added to the following paragraph 11:

" (11) In the case of direct award of a contract notice, after an unlimited number of entrepreneurs have been notified of the intended award of a contract for construction, supply or service, and after obtaining one or more of them, the contract shall be published in advance of the contract. several offers, a service received in form-free from a selected entrepreer against payment. "

26. In § 31 (2), the name shall be: "or 30 para. 1 Z 1" by the name ", 30 para. 1 Z 1 or 38 para. 1" replaced.

26a. In § 37 Z 1, the amount shall be "120 000" by the amount "300 000" replaced.

27. In Section 38 (2) (4), the phrase "Bankruptcy, bankruptcy, settlement or equalisation proceedings" by the word "Insolvency proceedings" replaced.

§ 41 reads:

" § 41. (1) The award of contracts by contracting entities by means of direct award of contracts shall apply exclusively to the 1. § § 3 (1), 4 to 6, 9, 10, 13 to 16, 18 (1), 19 (1) to (4), 25 (10), 42 (2), (4). to 6. Part and the provisions of paragraphs 2 to 4.

(2) Direct award is only permitted if the estimated order value does not reach EUR 50 000.

(3) The offers or non-binding price information obtained in the course of the implementation of a direct award shall be documented accordingly.

(4) The power, performance and reliability of the successful tenderer must be available at the latest at the time of the award. However, in the case of entrepreneurs whose assets are subject to insolvency proceedings or who are in liquidation or who cease their commercial activities, contracts may be awarded in the direct award of contracts if their performance is to that. "

29. In accordance with § 41, the following § 41a and heading is inserted:

" Direct award with prior notice

§ 41a. (1) For the award of contracts by contracting entities by means of direct award with prior notice, only the first shall apply. Part with the exception of § 2 Z 20, Sections 3 (1), 4 to 6, 9, 10, 13 to 16, 18 (1), 19 (1) to (4), 25 (11), 42 (3), 43 (1) and (2), 135 (1), 140 (9), (4). to 6. Part and the provisions of paragraphs 2 to 7.

(2) Direct award with prior notice shall be permitted only if the estimated order value

1.

in the case of supply and service contracts, EUR 130 000 and

2.

in the case of construction contracts, EUR 500 000

is not achieved.

(3) The contracting authority shall make known the intended award of a construction, supply or service order by means of a direct award with prior notice pursuant to § 55 (2) and (3). The notice shall contain at least the following information:

1.

the name of the contracting authority,

2.

the purpose of the performance, the place of performance and the period of performance,

3.

Note where more information is available on the performance to be supplied and on the further course of the proceedings, and

4.

express designation as direct award with prior notice.

(4) The adjudicating entity must establish objective, non-discriminatory criteria relating to the subject-matter of the contract, on the basis of which the choice of the entreprenter, or the trader shall be the person who is which are sought after, and on the basis of which the successful offer is determined.

(5) The adjudicating entity shall immediately inform, after the award of the contract, of the entrepreneurs who have applied for participation in the direct award procedure, or who have made an offer, to which contractor the contract has been awarded. has been granted. This notice shall indicate the total price.

(6) The power, performance and reliability of the successful tenderer must be available at the latest at the time of the award. However, in the case of entrepreneurs whose assets are subject to insolvency proceedings or who are in liquidation or who cease their commercial activities, contracts may be awarded by means of a direct contract award notice, if their performance is enough.

(7) The adjudicating entity shall immediately announce the declaration of revocation to entrepreneurs who have applied for the direct award procedure with prior notice or have offered an offer. "

30. § 42 (2) reads:

"(2) In the case of a direct award, the subject matter and value of the order, the name of the contractor and the examination of the appropriateness of the price shall be recorded in writing, provided that the costs of documentation are economically justifiable."

31. In § 42, the following paragraph 3 is added:

"(3) In the case of a direct award with a prior notice, all the essential provisions and procedures in the award procedure shall be recorded in writing."

32. The section title before § 44 reads:

"Transmission of documents to the Commission"

33. In § § 44 (3), 205 (4) and 349 (2) first and second sentence, the word order shall be "the Federal Government" through the phrase "the Federal Chancellor" ; in § § 134 (3) and (275) the word order shall be replaced by "The Federal Government" through the phrase "The Federal Chancellor" replaced.

34. In the headings relating to § § 49, 50, 210 and 211, the word "Community" in each case by the word "Union level" replaced.

35. § 52 (1) and (2) are:

" (1) The Federal Chancellery and the national governments shall each have to establish an electronic publication medium for the respective full drawing area by means of a regulation, in which the contracting entities additional notices in the upper threshold range shall be determined by the contracting authorities. or, in any case, to publish it. This Regulation provides for more detailed provisions concerning the transmission of notices to the medium of publication and the procedures and arrangements to be followed in the light of the transmission and publication of notices. Benefits.

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

36. In the second sentence of § § 54 (6) and the second sentence of 217 (7), the word order shall be "the order value" through the phrase "the total price" replaced.

37. § 55 (2) to (6) are:

" (2) In any case, the contracting entities shall publish notices in the sub-threshold range in the publication medium defined in accordance with § 52 (1) for the respective full-education sector.

(3) The availability of the contents of notices referred to in paragraph 2 and of the tender documents, which can be immediately accessed by electronic means in accordance with paragraph 1, must be guaranteed at least until the deadline for the application or offer period.

(4) Further announcements in other suitable publication media shall be free of the contracting authorities.

(5) Where an award procedure has been carried out without prior notice in the sub-threshold range, the contracting authority may decide to which tenderer the contract is to be awarded in the case referred to in Article 52 (1) for the relevant contract. Full-drawing area defined publication medium. This notice shall, in any event, include the name and address of the contracting authority, a description of the subject of the contract, the name and address of the successful tenderer and the name and address of the successful tenderer and the name and address of the successful tenderer, To record the relevant reasons.

(6) The contracting authority may, in the case of a contract awarded in a procurement procedure without prior notice, or a framework agreement which it has concluded without prior notice after the award procedure has been carried out, in which: the publication medium defined in accordance with Section 52 (1) for the respective full-education sector. This notice shall include the name and address of the contracting authority and the successful tenderer. the successful tenderer, a description of the subject of the contract, the total price and the reasons for the execution of an award procedure without prior publication of the contract notice. "

38. § 67 First sentence reads:

'The contracting authority may, in duly justified cases, in particular on grounds of urgency and in the case of supply contracts, shorten the minimum required deadlines and periods of participation in respect of goods with characteristics generally available on the market.'

39. § § 68 (1) (2) and 229 (1) (1) (2) are:

" 2.

opened insolvency proceedings or dismissed the opening of insolvency proceedings due to a lack of cost-covering assets; "

40. § 68 (2) reads:

" (2) In the case of entrepreneurs whose assets are subject to insolvency proceedings or who are in liquidation or who cease their commercial activities, contracts may be negotiated in accordance with § § 29 (2) (2) (7) and (38) (2) (3). and 4 will be awarded if their performance is sufficient. "

41. § 70 (3) second sentence reads:

" In the award of contracts in the upper threshold range, the contracting authority shall, in any event, require the successful tenderer to submit the determined evidence before the award of the contract; in the case of a award in lots, this shall apply only if the estimated value of the contract is valued at of the individual lots in accordance with the respective threshold referred to in Article 12 (1). "

Section 75 is added to the following paragraph 8:

"(8) In the sub-threshold range, the contracting entity may extend the period referred to in paragraph 5 (1), (6) (1) and (7) (7) (1) to up to 10 years."

43. In § § 77 para. 2, first sentence and 234 para. 2 second sentence, the word shall be "Community system" by the word "Union system" shall be replaced by: § § 77 para. 2 first sentence, 234 para. 2 second sentence, 312 para. 2 introductory sentence, 312 para. 3 Z 1, 312 para. 4 Z 1, 331 para. 1 Z 1, 2, 3, and 5, 336 para. 1 and 341 para. 2 Z 1, 2, 3 and 5 becomes the word "Community law" by the word "Union law" replaced.

44. In § 80 (4), second sentence, second sentence, second sentence and paragraph 6, third sentence, in § 237 (4), second sentence, second sentence, second sentence and paragraph 6, third sentence, in the title to section 351 and in § 351 introductory sentence, the word order "European Community" by the word "Union" ; in § 80 (4), second sentence, second sentence, second sentence, and paragraph 6, third sentence, in § 237 (4), second sentence, second sentence, second sentence, and paragraph 6, third sentence, the word order shall be replaced by "Community test procedures" through the phrase "Test procedures of the Union" replaced; in § 80 (4), third sentence, paragraph 5, third sentence and para. 6, fourth sentence, as well as in section 237 (4), third sentence, third sentence, third sentence, and para. 6, fourth sentence, the word order shall be "Community test procedures" through the phrase "Test procedures of the Union" replaced.

The following sentence shall be added to Article 83 (3):

"The subcontractors may prove their necessary power, efficiency and professional reliability in accordance with § 70 (2) to (4)."

46. In § § 98 (2) and 247 (4), the word "shall be used in the introduction sentence". Community legal forms " by the word "unionsRights" replaced.

47. § 102 (3) reads:

" (3) The number of entrepreneurs to be requested shall be determined in accordance with the performance. It shall not be less than three in the case of non-open procedures without prior notice. In the case of negotiated procedures without prior notice in the upper threshold range, the number of entrepreneurs to be requested may, unless the performance can be provided only by a particular contractor, or urgent, compelling reasons , if there is a sufficient number of authorized, efficient and reliable entrepreneurs, there are no less than three. In the case of negotiated procedures without prior notice in the sub-threshold range, the number of entrepreneurs to be requested should not be provided unless the performance can be provided only by a particular contractor or by urgent and compelling reasons , the existence of a sufficient number of authorized, efficient and reliable entrepreneurs is in principle not less than three; exceptions are allowed for objective reasons. The reasons for this underwriting shall be recorded by the contracting authority. "

48. § 103 (6) reads:

" (6) The number of entrepreneurs to be requested shall be determined in accordance with the performance. In the case of non-open procedures with prior notice in the upper threshold range, it shall not be less than five in the case of non-open procedures with prior notice in the sub-threshold range. In the case of negotiated procedures with a prior notice in the upper threshold range, the number of entrepreneurs to be requested shall not be less than three if there is a sufficient number of authorized, efficient and reliable entrepreneurs. In the case of negotiated procedures with prior notification in the sub-threshold range, the number of entrepreneurs to be requested should not, in principle, be the case if there is a sufficient number of competent, efficient and reliable entrepreneurs. shall be less than three; exceptions shall be allowed for objective reasons. The reasons for this underwriting shall be recorded by the contracting authority. The number laid down shall ensure genuine competition and shall be indicated in the notice. The objective and non-discriminatory selection criteria shall take account of the specific requirements of the performance to be carried out and shall be known in the notice. '

49. § 125 (5), last sentence, § 126 (1), last sentence, and § 268 (3) last sentence are:

"In the case of procurement procedures in the sub-threshold range, the procedure referred to in this paragraph may be waited."

50. In § 131 (1), second sentence, and § 272 (1), second sentence, the word order shall be "the output umme" through the phrase "the total price" replaced.

51. In § 132 (1), second sentence, the word order is deleted "in the case of section 131 (1)" .

52. In § 135 (1) the word "the" by the word "the" replaced.

53. § 136 (3) reads:

(3) In the case of procurement procedures in the sub-threshold range, the contracting authority may withdraw from the drawing up of a contract notice or a note on the revocation of a contract award procedure in accordance with paragraph 1, provided that the information referred to in paragraph 1 Z 1 to 7 without great effort from the award documentation. "

§ 141 reads:

§ 141. (1) For the award of non-priority service contracts by contracting entities, only the provisions of this section shall apply, the first of which shall be 1. Part with the exception of § 2 Z 16, § § 3 (1) and 6, 6, 9, 10, 12 (1) and (3), 13, 16, 20 (2), (3) and (5), 21, 44, 49, 51, 98 and 140 (9) and (4). to 6. Part of this federal law.

(2) Non-priority service contracts shall be awarded by contracting authorities, with due regard for the fundamental freedoms of Union law and the prohibition of discrimination. Where this is necessary on the basis of the value and object of the order, non-priority service contracts are, in principle, in a procedure with several entrepreneurs, through which a reasonable degree of public opinion is required. is guaranteed and is in line with the principle of free and fair competition. In particular, a notice of a procedure may be used if one of the procedures referred to in § § 30 (2) or (2) or The conditions laid down in Article 38 (2) (3) to (5)

(3) The award of non-priority service contracts in a form-free procedure directly to a selected entrepre (direct award) is only allowed up to an estimated order value of EUR 50 000; the application of Art. 5 Paragraphs 2 and 4 to 6 of Regulation (EC) No 1370/2007 shall remain unaffected. The award of non-priority service contracts relating to intellectual services in a negotiated procedure without prior notice with only one operator shall be allowed, provided that the conduct of an economic competition is carried out on The reason for the costs of the procurement process is not economically justifiable for the client and the estimated order value 50vH of the respective threshold value is not reached in accordance with § 12 para. 1 Z 1 or 2.

(4) Insofar as a notice is required to ensure an adequate degree of public opinion, notices shall be published in the publication medium defined in accordance with § 52 (1) for the respective full-education sector. In the upper threshold range, no priority service contracts are to be published in accordance with § 54.

(5) Any decision to be taken separately shall be deemed to be separately subject to the decision of the contracting authority.

(6) The contracting authority shall be shown to indicate to the tenderers remaining in the contract award procedure to which bidder the contract is to be awarded. In this communication, the remaining tenderers shall be informed of the end of the standstill period referred to in paragraph 7, the reasons for the rejection of their offer, the total price, and the characteristics and advantages of the successful offer, provided that: would not object to the disclosure of this information to public interests or to the legitimate business interests of entrepreneurs, or would harm the free and fair competition. There is no obligation to notify the award decision if:

1.

the contract shall be the sole or is to be granted to the only bidder remaining in the procurement procedure, or

2.

if, on the basis of the conditions laid down in Article 30 (2) (3), a notice of the procedure has been removed from the proceedings.

(7) The adjudicating entity must not award the contract with other absolute invalidity within the standstill period. The standstill period shall begin with the dispatch of the notification of the award decision. In the case of a transmission by electronic means or by fax, it shall be ten days, and shall be 15 days in the case of a transmission on a letter-by-letter basis. In carrying out a procurement procedure in the sub-threshold range, the standstill period is reduced to seven days.

(8) The adjudicating entity may revoke an award procedure if there are factual reasons for this. The adjudicating entity shall have the right of revocation, insofar as it is possible to inform the contractor remaining in the award procedure without delay and demonstrably, or to make it known on the Internet. The contracting authority shall not declare the revocation of any other invalidity within the standstill period. The standstill period begins with the dispatch of the notification of the withdrawal decision or the first time the notice of the withdrawal decision is made available. In the case of a transmission by electronic means or by means of fax, and in the case of a notice, the standstill period shall be ten days, in the case of a transmission on a letter-by-letter basis 15 days. In the implementation of procurement procedures in the sub-threshold range, the standstill period is reduced to seven days. In addition, § 140 (6) applies. In the sub-threshold range, the contracting entity may be informed of the communication or Discontinue the notice of withdrawal decision and declare the revocation immediately and without waiting for a standstill period. In this case, the contracting authority shall, as far as possible, immediately and demonstrably notify the contractor remaining in the award procedure from the declaration of revocation or to make it known on the Internet. "

55. In § 153, the phrase "54 and 55" through the phrase "54, 55 and 68 to 77" replaced.

(56) § 173 are added to the following paragraphs 3 and 4:

" (3) The provisions of the third paragraph shall be one of the activities for which the procurement of the service is carried out. Part of this Federal Law, but the other activity is the provisions of the second part of this Federal Law, and if it is objectively impossible to determine which activity constitutes the main subject of the contract, the order shall be according to the Provisions of the second part of this Federal Law to be awarded.

(4) The choice between the award of a single contract and the award of a number of separate contracts must not, however, be made with the aim of applying this federal law or the provisions of the second part of this federal law. workaround. "

57. In § 175, Z 3 and 5, the expression "EGV" by the expression "TFEU" replaced; in Section 175 (4), the word shall be replaced by "Community" by the word "Union" replaced.

58. In § 175 Z 20, at the end of the period, the following shall be replaced by an accoration; the following Z 21 to 24 shall be added:

" 21.

for contracts in the defence and security sector, which are subject to the BVergGVS 2012, as well as for orders that are excluded from the scope of the BVergGVS 2012 pursuant to § 9 BVergGVS 2012,

22.

for orders and contests awarded by sector contracting authorities and intended to enable the following services to be carried out in Austria:

a)

Business customers-standard package services to business customers, national and international;

b)

Business customers-standard parcel services to private customers, national and international;

c)

national express package services;

d)

Combined freight services;

e)

contract logistics,

23.

for the procurement of supplies or services by sector contracting authorities from a central procurement agency of another Member State of the EU or of any other party to the EEA Agreement, provided that the central procurement authority is the procurement of these supplies or services has complied with the rules of procedure laid down by all the provisions of Directive 2004 /17/EC, as amended by Directive 2009 /81/EC, or Directive 2004 /18/EC, as amended by Directive 2004 /17/EC 2009 /81/EC, and in so far as they are effective against the award of contracts legal remedies which are consistent with the provisions of Directive 92/13/EEC, as amended by Directive 2007 /66/EC,

24.

for the appointment of a central procurement agency of another Member State of the EU or of another Contracting Party to the EEA Agreement by sector-contracting authorities with the procurement of construction, supply or services for this Sector contracting authority, provided that the central purchasing authority complies with the rules laid down in Directive 2004 /17/EC, as amended by Directive 2009 /81/EC, or in the case of the procurement of these works, supplies or services. Directive 2004 /18/EC, as amended by Directive 2009 /81/EC, in accordance with "

59. § 177 together with the title is:

" Construction and service concession contracts, purchase of road vehicles by operators of public passenger transport services

Section 177. (1) For the award of construction and service concession contracts by sector-contracting authorities, only sections 7, 8, 164 to 166, 210, 336, 344 and 345 (1) to (3) apply. Contracts for construction and services concession contracts are provided by sector contracting authorities in compliance with the fundamental freedoms of the Union as well as the prohibition of discrimination and, where this is necessary on the basis of the value and the object of the contract , in principle, in a procedure with a number of entrepreneurs, which ensures an adequate level of public opinion and which is in line with the principles of free and fair competition. The award of construction and service concession contracts in a form-free procedure directly to a selected business owner (direct award) is only admissible if the estimated benefit value does not exceed EUR 75 000 without a turnover tax; The application of Article 5 (2) and (4) to (6) of Regulation (EC) No 1370/2007 shall remain unaffected.

(2) Where sector-contracting authorities of a body which is not a contracting authority within the meaning of Article 3 (1) and no sector-contracting authority within the meaning of § § 164 to 166 grant a service contract or a service concession, the In the case of the provision of public passenger services as part of a public service contract within the meaning of Regulation (EC) No 1370/2007, the contract must be concluded between sector-contracting authorities and the relevant the establishment of the facility shall be determined by the institution concerned when purchasing The provisions of Section 237 shall apply mutaly to road vehicles in the upper threshold range. "

60. In § § 179 (2) (1) and (334) (3), the word "Community law" by the word "Union law" replaced.

61. In § § 183 (5) and 184 (6) the amount shall be "60 000" by the amount "75 000" replaced.

62. In § 192, para. 1, the word order shall be ", a direct award" through the phrase ", a direct award, a direct award after prior call for competition" replaced.

63. § 192 (9) reads:

"(9) In the case of direct award, a service, where appropriate after the collection of offers or non-binding price information by one or more entrepreneurs, shall be obtained in a form-free form directly by a selected entreprenter for remuneration."

(64) § 192 is added to the following paragraph 10:

" (10) In the case of direct award after a prior call for competition, after an unlimited number of entrepreneurs has been notified of the intended award of a construction, supply or service contract, and after a collection of a contract, the contract shall be made available after the date of the call for the award of a contract. or a number of offers, a service free of form from a selected entrepreer for remuneration. "

§ 201 reads:

" § 201. (1) For the award of contracts by sector contracting authorities by means of direct award, only 1 shall apply. Part, Sections 4 to 6, 9, 164 to 166, 173, 175, 176 (1) to 4, 181 to 184, 186 (1), 187 (1) to (4), 192 (9), 4. to 6. Part and the provisions of paragraphs 2 to 5.

(2) Direct award is only permitted if the estimated order value does not reach EUR 75 000.

(3) The offers or non-binding price information obtained in the course of the implementation of a direct award shall be documented accordingly.

(4) The power, performance and reliability of the successful tenderer must be available at the latest at the time of the award. However, in the case of entrepreneurs whose assets are subject to insolvency proceedings or who are in liquidation or who cease their commercial activities, contracts may be awarded in the direct award of contracts if their performance is to that end.

(5) In the case of direct award of the contract, the subject matter and value of the order, the name of the contractor and the examination of the appropriateness of the price shall be recorded in writing, provided that the documentation expenditure is economically justifiable. "

66. According to § 201, the following § 201a, together with headline, is inserted:

" Direct award after prior call to competition

§ 201a. (1) For the award of contracts by sector-contracting authorities by means of direct award procedures following a prior call for competition, only the 1. Part with the exception of § 2 Z 20, § § 4 to 6, 9, 164 to 166, 173, 175, 176 (1) to 4, 181 to 184, 186 (1), 187 (1) to 4, 192 (10), 204 (1) and (2), 220, 232, 276 (1), 279 (9), 4. to 6. Part and the provisions of paragraphs 2 to 9.

(2) Direct award after prior call for competition shall be permitted only if the estimated contract value

1.

in the case of supply and service contracts, EUR 200 000 and

2.

in the case of construction contracts, EUR 500 000

is not achieved.

(3) The call for competition has

1.

by means of a notice pursuant to paragraph 4 or

2.

By means of a notice on the existence of a test system pursuant to § 220

shall be made.

(4) The sector contractor shall make known the intended award of a construction, supply or service order by means of a direct award following a prior call for competition in accordance with Section 219 (2) and (3). The notice shall contain at least the following information:

1.

the name of the sector contracting authority,

2.

the purpose of the performance, the place of performance and the period of performance,

3.

Note where more information is available on the performance to be supplied and on the further course of the proceedings, and

4.

explicit designation as a direct award after prior call to competition.

(5) The sector donor must establish objective, non-discriminatory criteria relating to the subject-matter of the contract, by means of which the choice of the entreprent or the choice of the entreprent or the person concerned shall be determined. the trader shall be the person who is which are sought after, and on the basis of which the successful offer is determined.

(6) The sector contracting authority shall immediately, after the award of the contract, communicate to the entrepreneurs who have applied for participation in the direct award procedure after prior call for competition, to inform the applicant of the following: Contractor has been awarded the contract. This notice shall indicate the total price.

(7) The power, performance and reliability of the successful tenderer must be available at the latest at the time of the award. However, in the case of entrepreneurs whose assets are subject to insolvency proceedings or who are in liquidation or who cease their commercial activities, contracts may be awarded in the direct award procedure after prior call for competition if their performance is enough to do so.

(8) The sector contracting authority shall immediately announce the revocation declaration to the entrepreneurs who have applied for the direct award procedure after prior call for competition or have placed an offer to do so.

(9) In the case of direct award after a prior call for competition, all the essential stipulations and procedures in the award procedure shall be recorded in writing. "

67. The section transcript before § 205 reads:

"Transmission of documents to the Commission"

68. § 216 (1) and (2) are:

" (1) The Federal Chancellor and the State Governments shall each have to establish an electronic publication medium for the respective full-drawing sector by means of a Regulation, in which the sector-contractors additional announcements in the You can publish the upper threshold range or, in any case, publish it. This Regulation also provides for more detailed provisions on the transmission of notices to the medium of publication and of the procedures to be followed in the course of the transmission and publication of notices. to be provided.

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

§ 219 (2) to (6) are:

" (2) The sector lenders have to publish notices in the sub-threshold range at any rate in the publication medium defined in accordance with § 216 (1) for the respective full-education sector.

(3) The availability of the contents of notices referred to in paragraph 2 and of the tender documents, which can be immediately accessed by electronic means in accordance with paragraph 1, must be guaranteed at least until the deadline for the application or offer period.

(4) Further announcements in other suitable publication media are available to the sector contracting authorities.

(5) Where an award procedure has been carried out without a prior call for competition in the sub-threshold range, the sector contracting authority may decide to which bidder the contract is to be awarded in the case referred to in Article 216 (1) for the relevant bidder. Full-drawing area defined publication medium. This notice shall, in any event, include the name and address of the sector contracting authority, a description of the subject of the contract, the name and address of the successful tenderer and the name and address of the successful tenderer, as well as the name and address of the successful tenderer and the call for decisive reasons for competition.

(6) The sector contracting authority may have a contract awarded in a contract award procedure without prior call for competition or a framework agreement which it has awarded after the award procedure has been carried out without prior call for competition , in the publication medium defined in accordance with Section 216 (1) for the respective full-education sector. This notice shall include the name and address of the sector contracting authority and of the successful tenderer, or the successful tenderer, a description of the subject of the contract, the total price, and the reasons for the execution of an award procedure without prior call for competition. "

Section 229 (2) Z 3 reads as follows:

" 3.

an order is to be awarded under the negotiated procedure pursuant to Articles 195 (10) and (11) to an entrepreate whose assets are subject to insolvency proceedings or which are in liquidation or which cease commercial activities, and his/her commercial activity; Performance is enough to do this. "

The second sentence of Article 231 (3) reads as follows:

" In the award of contracts in the upper threshold sector, the sector donor shall, in any event, require the successful tenderer to submit the fixed evidence before the award of the contract; in the case of a award in lots, this shall apply only if the estimated value of the contract is estimated at The value of the individual lot reaches the relevant threshold specified in § 180 (1). "

72. § 240 (3) the following sentence is added:

"The subcontractors may prove their necessary power, efficiency and professional reliability in accordance with section 231 (2) to (4)."

73. § 250 para. 3 reads:

" (3) The number of entrepreneurs to be requested shall be determined in accordance with the performance. It shall not be less than three in the case of non-open procedures without prior notice. In the case of negotiated procedures without prior notice, the number of entrepreneurs to be requested, unless the performance can be provided only by a particular contractor or urgent and compelling reasons, should be subject to the existence of a a sufficient number of authorized, efficient and reliable entrepreneurs are in principle not less than three; exceptions are allowed for objective reasons. The reasons for this underwriting shall be recorded by the sector donor. "

74. § 252 (6), first sentence reads:

"The number of entrepreneurs to be requested shall not be less than three in the case of open procedures and negotiated procedures; exceptions for objective reasons shall be allowed."

75. In Section 270 (1) (2) and (3) of the third sentence, the phrase shall be: "European Community" by the word "Union" replaced.

76. In § 273 (1), second sentence, the word order is deleted. "in the case of section 272 (1)" .

§ 280 reads:

§ 280. (1) For the award of non-priority service contracts by sector contracting authorities, only the provisions of this section shall apply, the 1. Part with the exception of § 2 Z 16, § § 6, 9, 164 to 166, 175, 177 (2), 180 (1) and (3), 181, 184, 188 (2), 3 and 5, 189, 205, 210, 212, 247 and 279 (9) and (4). to 6. Part of this federal law.

(2) Non-priority service contracts shall be awarded by sector contracting authorities in compliance with the fundamental freedoms of Union law and the prohibition of non-discrimination. Where this is necessary on the basis of the value and object of the order, non-priority service contracts are, in principle, in a procedure with several entrepreneurs, through which a reasonable degree of public opinion is required. is guaranteed and is in line with the principle of free and fair competition. A notice of a procedure may, in particular, remove the distance if one of the conditions referred to in § 195 is present.

(3) The award of non-priority service contracts in a form-free procedure directly to a selected entrepre (direct award) is only allowed up to an estimated order value of EUR 75 000; the application of Art. 5 Paragraphs 2 and 4 to 6 of Regulation (EC) No 1370/2007 shall remain unaffected. The award of non-priority service contracts relating to intellectual services in a negotiated procedure without prior notice with only one operator shall be allowed, provided that the conduct of an economic competition is carried out on The reason for the costs of the procurement procedure is economically indefensible for the client and the estimated order value 50vH of the threshold value cannot be reached in accordance with § 180 (1) (1) (1).

(4) Insofar as a notice is required to ensure an adequate degree of public opinion, notices shall be published in the publication medium defined in accordance with Section 216 (1) for the respective full-education sector. In the upper threshold range, no priority service contracts are to be published in accordance with § 217.

(5) As a separately countervailable decision, any determination of the sector contracting authority shall be deemed to have been made to the outside.

(6) The sector donor shall be shown to indicate to the tenderers remaining in the contract award procedure to which bidder the contract is to be awarded. In this communication, the remaining tenderers shall be informed of the end of the standstill period referred to in paragraph 7, the reasons for the rejection of their offer, the total price, and the characteristics and advantages of the successful offer, provided that: would not object to the disclosure of this information to public interests or to the legitimate business interests of entrepreneurs, or would harm the free and fair competition. There is no obligation to notify the award decision if:

1.

the contract shall be the sole or is to be granted to the only bidder remaining in the procurement procedure, or

2.

if, on the basis of the conditions laid down in Article 195 (4), a notice of the procedure has been removed.

(7) In the case of other absolute nullity, the sector donor may not award the contract within the standstill period. The standstill period shall begin with the dispatch of the notification of the award decision. In the case of a transmission by electronic means or by fax, it shall be ten days, and shall be 15 days in the case of a transmission on a letter-by-letter basis. In carrying out a procurement procedure in the sub-threshold range, the standstill period is reduced to seven days.

(8) The adjudicating entity may revoke an award procedure if there are factual reasons for this. The adjudicating entity shall have the right of revocation, insofar as it is possible to inform the contractor remaining in the award procedure without delay and demonstrably, or to make it known on the Internet. The contracting authority shall not declare the revocation of any other invalidity within the standstill period. The standstill period begins with the dispatch of the notification of the withdrawal decision or the first time the notice of the withdrawal decision is made available. In the case of a transmission by electronic means or by means of fax, and in the case of a notice, the standstill period shall be ten days, in the case of a transmission on a letter-by-letter basis 15 days. In the implementation of procurement procedures in the sub-threshold range, the standstill period is reduced to seven days. In addition, § 279 (6) applies. In the sub-threshold range, the contracting entity may be informed of the communication or Discontinue the notice of withdrawal decision and declare the revocation immediately and without waiting for a standstill period. In this case, the contracting authority shall, as far as possible, immediately and demonstrably notify the contractor remaining in the award procedure from the declaration of revocation or to make it known on the Internet. "

78. In § 285 the reference "219," by reference "219, 228 to 234," replaced.

79. In § 293 (1), first sentence, the word order is deleted "the European Community" .

80. In § 301 (2) the following text is added:

" The fixed rate of expenses and travel expenses shall be reduced or increased annually to the extent of the change in the consumer price index 2010 or of the consumer price index published by the Federal Statistical Office in Austria. Index as compared to January 2012, which results in comparison with the index number on which the last fixing was based. The Federal Minister for Economic Affairs, Family and Youth has announced the newly established rate of travel and travel expenses in the Federal Law Gazan after the index has been made available for January of the current year. The newly established rate of expenses and travel expenses shall be valid from the month of the month following the customer's presentation. The amounts fixed shall be rounded off to the whole of the euro. "

81. In § 312 (3) Z 2, the reference "Z 1" by reference "Z 1, 4 and 5" replaced.

82. In § 318 (1) Z 1 fifth sentence, the phrase "Tendering, Competition Documents" by the word "Call for tender" replaced.

83. In § 318 (1) (2), first sentence, the word order shall be "Consumer Price Index 2005" through the phrase "Consumer Price Index 2010" replaced; the phrase " towards the June 2007 and in the wake of the No.

Section 318 (1) Z 7 reads as follows:

" 7.

Where an application is withdrawn before the oral proceedings are carried out or, if oral proceedings are not carried out, before the date of expiry of the hearing, only a fee at the level of 75vH shall be that laid down for the application in question. or pay a reduced fee in accordance with Z 5. Additional amounts already paid shall be refunded. "

85. In § 321, para. 4, first sentence, the word order "Tendering or competition documents" is given by the word "Call for tender" ; in section 321, para. 4, second sentence, the word order shall be replaced "Tendering or competition documents" through the phrase " Tendering, competition or auction documents, description of the requirements and requirements of the competitive dialogue, information on the performance to be awarded and on the further course of the procedure in the case of direct award of contracts prior notice or after prior call for competition " replaced.

Article 322 (3) reads as follows:

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

Section 323 (1) reads as follows:

"(1) The chairman of the relevant Senate shall immediately make known the receipt of a verification request on the Internet."

88. In § 325 (2), the phrase "the tender documents" through the phrase "the invitation to tender" replaced.

89. In § 331 (1), third sentence, the reference "Z 1" by reference "Z 1, 3 and 4" replaced.

Section 332 (4) reads as follows:

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

91. In 5. Part of the headings " 1. Main piece of State control " and " 2. Main piece of civil law provisions " .

92. In § 336 (3), the word 'sentence' shall be the word "Community law" by the word "Union law" replaced.

93. § § 337 and 338 together with the headings are:

" Claims for damages

§ 337. (1) In case of a sufficiently qualified violation of this Federal Act or the regulations issued under this Federal Act by bodies of the adjudicating entity or a donating body, a superior applicant or tenderer has against the Contracting entities to which the institutions ' conduct is to be attributed shall be entitled to compensation for the costs of the bid and the costs of participation in the award procedure.

(2) No claim is made in accordance with paragraph 1 if, after the award of the award procedure or after the declaration of withdrawal of an award procedure by the relevant competent contracting authority, it has been established that the applicant or tenderer who has passed the contract has also been Compliance with the provisions of this Federal Act and the regulations of this Act would not have had a real chance of granting the surname or if the injured party had the damage by applying for a temporary inversion and by submitting a request for a request. could have averted a review request.

(3) As an alternative to the claim referred to in paragraph 1 above, the transferred bidder on whose offer the surcharge should have been granted shall, in the event of a sufficiently qualified violation of this federal law or the provisions of this Federal Law, have the right to shall be entitled to a replacement of the interest in the performance by the institution of the contracting authority or by a losing body against the contracting authority to which the conduct of the institutions is to be attributed.

(4) No claim pursuant to paragraph 3 exists if, after the award of the award procedure or the declaration of the withdrawal of an award procedure by the relevant competent contracting authority, it has been determined that the superior bidder also has to comply with the The provisions of this Federal Act and the regulations of this Act would not have had a real chance of granting the award, or if the injured party had the damage by applying for a temporary inversion and by placing an order for the damage caused by the accident. The request for a follow-up examination could have been averted.

Recourse to the beneficiary bidder

§ 338. The adjudicating entity in accordance with § 337 may take recourse against the beneficiary bidder if the infringement is a criminal offence and the beneficiary or persons of which he or she is entitled to participate in the case In accordance with § 12 of the German Civil Code (StGB), the award procedure has been carried out. This person shall be liable to the person responsible for the fault of the contracting authority. In accordance with the law on service liability, the issuing body shall show solidarity, insofar as it is in accordance with the law on the liability of the Federal Government No. 80/1965, adheres. "

94. In § 341 (1) the reference "§ § 338 and 339" by reference "§ § 337 to 339" and in section 341 (2) second sentence, the reference "§ 338 (1) last sentence" by reference "§ 337 (3)" replaced.

§ 341 (3), first sentence reads:

" By way of derogation from paragraph 2, a claim for damages shall be admissible if the declaration of withdrawal of an award procedure was admissible, but by the contracting authority by a sufficiently qualified breach of other provisions of this Federal Law, which it was caused by regulations or by Union law directly applicable to that purpose. "

96. In § 344 (1) the reference "45," by reference "45, 176 (5)," and the amount "15 000 euro" by the amount "50 000 euro" replaced.

(97) The following paragraph 15 is added to § 345:

" (15) For the entry into force of the by the Federal Law BGBl. I No 10/2012 and for the repeal of the provisions repealed by this Federal Act, the following shall apply:

1.

The table of contents, § 2 Z 10, 16 lit. a sublit nn and oo, 19, 40 and 48, § 3 para. 6, § 10 Z 2, 4, 5 and 17 to 20, § 11, § 14 para. 2, § 15 para. 5, § 16 para. 6, § 18 para. 1, § 19 para. 1, § 25 para. 1, 10 and 11, § 31 para. 2, § 37 Z 1, § 38 paragraph 2 Z 4, § 41, § 41a, including the title, § 42 para. 2 and 3, the section title before § 44, § 44 para. 3, the transcripts of § 49 and § 50, § 54 paragraph 6, § 67, § 68 paragraph 1 Z 2 and paragraph 2, § 70 para. 3, § 75 para. 8, § 77 para. 2, § 80 para. 4 to 6, § 83 para. 3, § 98 para. 2, § 102 para. 3, § 103 para. 6, § § 102 § 126 (1), § 134 (3), § 135 (1), § 136 (3), § 141, § 145 (1), § 153, § 173 (3) and (4), § 175 (3) and (4) and 20 to 24, § 177, including the title, § 178 (1), § 179 (1), § 179 (1), § 1775 Section 2 (2), Section 183 (1), § 184 (1), § 186 (1), 9 and 10, § 201, § 201a, including the title, the section transcript before § 205, § 205 (4), the transcripts of § 210 and § 211, § 217 (7), § 229 (1) Z 2 and (2) 3, § 237 (4) to (6), § 240 (3), § 247 (4), Section 250 (3), § 252 (6), § 268 (3), § 270 (1) Z 2 and Section 3, § 272 (1), § 275, § 280, § 285, § 301 (2), § 312 (2), Section 3 (1) and (4) Z 1, § 318 (1). Z 1, 2 and 7, § 312 (3) (2), § 321 (4), § 322 (3), § 323 (1), § 325 (2), § 331 (1) (1) to (3) and (5), § 331 (1), third sentence, § 332 (4), § 334 para. 3, § 336 (1) and (3), § § § § § § § § § § § § § § § § § § § § 337 and 338 together with headlines, § 341 (1), (2) (1) to (3) and (5), § 341 (2), second sentence, § 341 (3), § 344 (1), § 349 (1), (1) and (5) and (2), § 351, including the heading, Annex IX A. Z 19 and 22, B. Z 17 and 20, and C. Z 16, 18 and 21, Annex XI A. I. Z 4, the heading in Annex XII I, Annex XII I. Z 4 lit. b and II. Z 16, Annex XIII Z 15, Annex XIV Z 11, Annex XVI Z 1 lit. a to c and the title in Annex XVIII enter into force with that of the customer's second following month; at the same time the phrases in § 12 (1) to (3), § 14 (3), § 15 (4) and (5), § 16 (5) and (6), § 126 (4), § 132 (1), § 273 (1), § 273 Paragraph 1, § 180 (1) to (3), § 182 (3), § 183 (4) and (5), § 184 (5) and (6) and § 293 (1), the title before § 336 " 1. Main piece of State control "and the headline before § 338" 2. The main piece of civil law provisions " shall be repeal.

2.

§ 52 (1) and (2), § 55 (2) to (6), § 216 (1) and (2) and 219 (2) to (6) shall enter into force nine months after the date of entry into force of Z 1.

3.

The one at the time of the entry into force of the Federal Law BGBl. In accordance with the current legal situation, the award procedures already initiated are to be brought to an end. At the time of the entry into force of the Federal Law BGBl. I n ° 10/2012 at the Federal Procurement Office pending proceedings are to be continued by the Federal Procurement Office in accordance with the current legal situation. With regard to the award procedures which have already been terminated at the time of the entry into force of this Federal Law, the implementation of the procedures for the award of the contract shall be based on the current legal situation. "

Section 349 (1) Z 1 reads as follows:

" 1.

§ § 18, 44 (3), 50, 52 (1), 55 (2), 134 (3), 186, 205 (4), 211, 216 (1), 219 (2), 270 (3), 275, 349 (2) of the Federal Chancellors, "

99. § 349 (1) Z 5 reads:

" 5.

§ § 337 to 341 the Federal Minister for Justice, "

100. In § 349 (2), first sentence, the word "Community law" in each case by the word "Union Legal" and the word "Community rules" by the word "Union rules" replaced.

101. § 351 Z 8 reads as follows:

" 8.

Implementing Regulation (EU) No 842/2011 introducing standard forms for the publication of contract notices in the field of public contracts and repealing Regulation (EC) No 1564/2005, OJ L 327, 22.11.2005, p. No. OJ L 222 of 27 August 2011 p. 1.

102. § 351 Z 13 reads as follows:

" 13.

Regulation (EC) No 1177/2009 amending Directives 2004 /17/EC, 2004 /18/EC and 2009 /81/EC as regards the thresholds for procurement procedures, OJ L 145, 31.5.2009, p. No. OJ L 314, 01.12.2009 p. 64.

103. Section 351 shall be added to the following Z 17 to 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 contracts, public supply contracts and public service contracts in the fields of defence and security and amending the Directives 2004 /17/EC and 2004 /18/EC, OJ L 136, 31.5.2004, No. OJ L 216 of 20 August 2009 p. 76.

18.

Directive 2009 /52/EC of the European Parliament and of the Council of 18 June 2009 on minimum standards for sanctions and measures against employers of illegally staying third-country nationals OJ L 136, 31.5.2009, p. No. OJ L 168 of 30 June 2009 p. 24.

19.

Commission Decision 2010 /142/EU of 3 March 2010 on the exemption of certain postal services in Austria from the application of Directive 2004 /17/EC of the European Parliament and of the Council, OJ L 327, 27.3.2010, p. No. OJ L 56, 06.03.2010 p. 8.

104. In Annex XII II. Z 16 will be the word "Community origin" by the word "Union jump" and the word "Non-Community origin" by the word "Nonunionsursprung" ; in Annex XVIII, in the heading, the word shall be replaced by "Community rules" by the word "Union rules" replaced.

Fischer

Faymann