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Amendment Of The Federal Procurement Act 2006

Original Language Title: Änderung des Bundesvergabegesetzes 2006

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15. Federal Act, with which the Federal Law on the Law of the Federal Republic of Germany is amended in 2006

The National Council has decided:

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. 326/2008 and the Federal Ministries of the Federal Ministries Act 2009, BGBl. I No 3, shall be amended as follows:

1. The table of contents is:

" TOC

Part 1
Subject matter and definitions

§ 1.

Subject-matter

§ 2.

Definitions

Part 2
Procurement procedures for contracting authorities

1. Main item
Scope, principles

Section 1
Personal scope

§ 3.

Contracting authorities and other contracting entities responsible for the application of provisions of this Federal Law

Section 2
Order Types

§ 4.

Works contracts

§ 5.

Supply Orders

§ 6.

Service contracts

§ 7.

Construction concession contracts

§ 8.

Service concession contracts

§ 9.

Demarcation arrangements

Section 3
Exceptions to the scope

§ 10.

Award procedures excluded from the scope of the law

§ 11.

Service concession contracts

Section 4
threshold values, calculation of the estimated performance value

§ 12.

Thresholds

§ 13.

General provisions relating to the calculation of the estimated contract value

§ 14.

Calculation of the estimated order value for works contracts and construction concession contracts

§ 15.

Calculation of estimated order value for supply contracts

§ 16.

Calculation of estimated order value for service contracts

§ 17.

Calculation of the estimated order value of framework agreements and of dynamic procurement systems

§ 18.

Change of thresholds or lot values

Section 5
Principles of award procedure and general provisions

§ 19.

Principles of award procedure

§ 20.

General provisions on candidates and tenderers

§ 21.

Reserved orders for sheltered workshops or integrative businesses

§ 22.

General provisions relating to the award of benefits and partial benefits

§ 23.

Confidentiality of documents relating to an award procedure, exploitation rights

§ 24.

General provisions concerning the price

2. Main piece
Types and choice of award procedures

Section 1
Types of award procedures

§ 25.

Types of procedures for the award of contracts

§ 26.

Types of competition

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

§ 27.

Choice of open and non-open procedure with prior notice

§ 28.

Choice of negotiated procedure in the case of works contracts

§ 29.

Choice of negotiated procedure for supply contracts

§ 30.

Choice of negotiated procedure for service contracts

§ 31.

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

§ 32.

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

§ 33.

Establishment of a dynamic procurement system and award of orders on the basis of a dynamic procurement system

§ 34.

Choice of competitive dialogue

§ 35.

Choice of competition

§ 36.

The reasons for the choice of certain award procedures

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

§ 37.

Selection of the non-open procedure without prior notice

§ 38.

Additional possibilities for the choice of negotiated procedure

§ 39.

Additional possibility of choosing the competition

§ 40.

Additional possibility of awarding contracts under a framework agreement

§ 41.

Direct award

§ 42.

The reasons for the choice of certain award procedures

3. Main piece
Provisions for the implementation of procurement procedures

Section 1
Ways of information transmission

§ 43.

Transmission of documents or information between contracting authorities and contractors

Section 2
Transmission of documents to the European Commission

§ 44.

Statistical obligations of the contracting entities

§ 45.

Transmission of other documents

Section 3
Notices

1. Subsection
General provisions on notices

§ 46.

Publication of the award of benefits

§ 47.

Corrigendum to notices

§ 48.

Publication of a description profile

§ 49.

Voluntary announcements at Community level

2. Subsection
Special disclosure requirements for the upper threshold range

§ 50.

Notices at Community level

§ 51.

Use of CPV in announcements

§ 52.

Announcements in Austria and other media

§ 53.

Notice of preliminary information

§ 54.

Announcement of contracts awarded, competition results and concluded framework agreements

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

§ 55.

Announcements in Austria and other media

Section 4
Deadlines

1. Subsection
General provisions on time limits

§ 56.

Calculation of time limits

§ 57.

Principles for the assessment and extension of time limits

§ 58.

Transmission and information periods

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

§ 59.

Time limits

§ 60.

Offer periods

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

§ 61.

Offer periods in the accelerated procedure by prior information

§ 62.

Shortened offer and participation periods when using electronic media

§ 63.

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

4. Subsection
Regular minimum deadlines for procurement procedures in the sub-threshold range

§ 64.

Time limits

§ 65.

Offer periods

5. Subsection
Shorter time limits for procurement procedures in the sub-threshold sector

§ 66.

Shortening of offer periods when using electronic media

§ 67.

Shortened participation and offer periods

Section 5
Suitability of entrepreneurs

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

§ 68.

Exclusion reasons

2. Subsection
Suitability requirements and aptitude tests

§ 69.

Date of appropriation of suitability

§ 70.

Egg declaration, request of the evidence by the client

§ 71.

Evidence of power

§ 72.

Proof of professional reliability

§ 73.

Assessment of professional reliability

§ 74.

Proof of financial and economic performance

§ 75.

Proof of technical performance

§ 76.

Proof of suitability by other entrepreneurs

§ 77.

Quality assurance standards and standards for environmental management

6.
The alert

1. Subsection
General provisions

§ 78.

Tendering principles

§ 79.

Contents of the tender documents

§ 80.

Special provisions relating to the procurement of road vehicles

§ 81.

Alternative offers

§ 82.

Change offerings

§ 83.

Subcontractor benefits

§ 84.

Compliance with labour and social legislation

§ 85.

Types and means to ensure

§ 86.

Vadium

§ 87.

Barrier-free building

§ 88.

Provision and transmission of the tender documents and other documents

§ 89.

Costs of the tender documents

§ 90.

Corrigendum to the tender

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

§ 91.

Provisions for the submission of electronic offers

§ 92.

Communication paths

§ 93.

document formats

§ 94.

Encryption

3. Subsection
The performance description

§ 95.

Type of performance description

§ 96.

Principles of the performance description

§ 97.

Creation of a performance directory

§ 98.

Technical specifications

4. Subsection
Provisions on the performance contract

§ 99.

Contract provisions

5. Subsection
Special requirements for the subthreshold range

§ 100.

Choice of the award principle

Section 7
Execution of individual award procedures

§ 101.

Expiry of the open procedure

§ 102.

Participants in the non-open procedure without prior notice and in the negotiated procedure without prior notice

§ 103.

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

§ 104.

Expiry of the non-open procedure

§ 105.

Conduct of the negotiation procedure

8. Section
The offer

1. Subsection
General arrangements for tenders

§ 106.

General provisions

§ 107.

Form of tenders

§ 108.

Content of offers

§ 109.

Special provisions on the content of the offers with functional specifications

§ 110.

Submission of offers in paper form

§ 111.

Remuneration for the preparation of tenders

§ 112.

Time limit for the award

2. Subsection
Special provisions for electronically transmitted offers

§ 113.

General provisions for electronically transmitted tenders

§ 114.

Form, encryption and qualified signature of the offer

§ 115.

Secure concatenation of offer components

§ 116.

Authorisation

Section 9
The award procedure

1. Subsection
Receipt and opening of offers in paper form

§ 117.

Reception and maintenance of tenders

§ 118.

Opening of tenders

2. Subsection
Reception and opening of electronically transmitted offers

§ 119.

Receipt of tenders

§ 120.

Storage of offers

§ 121.

Opening of electronically transmitted offers

3. Subsection
Examination of offers and withdrawal of offers

§ 122.

General provisions

§ 123.

What to do during the test

§ 124.

Dubious pricing

§ 125.

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

§ 126.

Action in the event of a lack of service

§ 127.

Discussion and discussion

§ 128.

Transcript of the examination

§ 129.

Withdrawal of tenders

4. Subsection
The supplement

§ 130.

Choice of bid for surcharge

Section 131.

Announcement of award decision

§ 132.

Standstill period and award of the award

§ 133.

Effectiveness of the strike

§ 134.

Form of contract conclusion

Section 10
Termination of the award procedure

§ 135.

Basic

§ 136.

Documentation requirements

§ 137.

Archiving of procurement procedures carried out by electronic means

§ 138.

Reasons for the revocation of an award procedure before the end of the offer period

§ 139.

Reasons for revocation of an award procedure after the expiry of the offer period

§ 140.

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

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

Section 1
Award of non-priority service contracts

§ 141.

Non-priority service contracts

Section 2
Award of construction concession contracts and
Award of works contracts to third parties by construction concessionaires

Section 142.

General

§ 143.

Deadlines

§ 144.

Transfer of orders to third parties

§ 145.

Special provisions for procedures for the award of contracts by building concessionaires, which are not contracting entities

Section 3
Provisions relating to the implementation of electronic auctions

§ 146.

Basic

§ 147.

General provisions relating to the implementation of electronic auctions

§ 148.

Special provisions for the implementation of simple electronic auctions

Section 149.

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

§ 150.

General

§ 151.

Conclusion of framework agreements

§ 152.

Award of public contracts on the basis of framework agreements

Section 5
Provisions relating to competitions

§ 153.

General

§ 154.

Participation in the competition

§ 155.

Conduct of competitions

6.
Provisions relating to the establishment and operation of a contract and the award of contracts
on the basis of a dynamic procurement system

§ 156.

General

§ 157.

Setting up and operating a dynamic procurement system

§ 158.

Award of public contracts on the basis of a dynamic purchasing system

Section 7
Provisions relating to competitive dialogue

§ 159.

General

§ 160.

Participants in the competitive dialogue

Section 161.

Dialog phase

§ 162.

Invitation to tender and award of the order

Part 3
Procurement procedure for sector contracting authorities

1. Main item
Scope, principles

Section 1
Personal scope

§ 163.

Sector insurer

§ 164.

Contracting authorities as sector contracting authorities

§ 165.

Public enterprises as sector contracting authorities

§ 166.

Private sector contractors

Section 2
Sectoral activities

§ 167.

Gas, heat and electricity

§ 168.

Water

§ 169.

Transport services

§ 170.

Postal services

§ 171.

Exploration and promotion of oil, gas, coal and other solid fuels

§ 172.

Ports and airports

§ 173.

Contracts relating to a number of activities

Section 3
Order Types

§ 174.

Order Types

Section 4
Exemptions and exemptions from the scope

§ 175.

Award procedures excluded from the scope of the law

§ 176.

Contracts for affiliated companies

Section 177.

Construction and service concession contracts

§ 178.

Exposed sector contractors in the field of exploration and extraction of oil or gas

§ 179.

Exemption from the scope

Section 5
threshold values, calculation of the estimated performance value

§ 180.

Thresholds

§ 181.

General provisions relating to the calculation of the estimated contract value

§ 182.

Calculation of estimated order value for works contracts

§ 183.

Calculation of estimated order value for supply contracts

§ 184.

Calculation of estimated order value for service contracts

§ 185.

Calculation of the estimated order value of framework agreements and of dynamic procurement systems

§ 186.

Change of thresholds or lot values

6.
Principles of award procedure and general provisions

§ 187.

Principles of award procedure

§ 188.

General provisions on candidates and tenderers

§ 189.

Reserved orders for sheltered workshops or integrative businesses

§ 190.

General provisions relating to the award of benefits and partial benefits

§ 191.

Confidentiality of documents relating to an award procedure, exploitation rights

2. Main piece
Types and choice of award procedures

Section 1
Types of award procedures

§ 192.

Types of procedures for the award of contracts

§ 193.

Types of competition

Section 2
Selection of procurement procedures in the upper threshold sector

§ 194.

Choice of open procedure, non-open procedure after prior call for competition and negotiated procedure after prior call for competition

§ 195.

Choice of negotiated procedure without prior call for competition

§ 196.

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

§ 197.

Conclusion of framework agreements

§ 198.

Establishment of a dynamic procurement system and award of orders on the basis of a dynamic procurement system

§ 199.

Choice of competition

Section 3
Selection of award procedures in the sub-threshold sector

§ 200.

Choice of procedure for the award of contracts

§ 201.

Direct award

§ 202.

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

§ 203.

Choice of competition

3. Main piece
Provisions for the implementation of procurement procedures

Section 1
Ways of information transmission

§ 204.

Transmission of documents or information between sector contracting authorities and business operators

Section 2
Transmission of documents to the European Commission

§ 205.

Statistical obligations of sector orders

§ 206.

Transmission of other documents

Section 3
Notices

1. Subsection
General provisions on notices

§ 207.

Call to competition

§ 208.

Corrigendum to notices

§ 209.

Publication of a description profile

§ 210.

Voluntary announcements at Community level

2. Subsection
Special disclosure requirements for the upper threshold range

§ 211.

Notices at Community level

§ 212.

Use of CPV in announcements

§ 213.

Types of call for competition

§ 214.

Periodic non-binding notice

§ 215.

Notice of the existence of a test system

§ 216.

Announcements in Austria and other media

§ 217.

Announcement of contracts awarded, competition results and concluded framework agreements

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

§ 218.

Types of call for competition

§ 219.

Announcements in Austria and other media

§ 220.

Notice of the existence of a test system

Section 4
Deadlines

1. Subsection
General provisions on time limits

Section 221.

Calculation of time limits

§ 222.

Principles for the assessment and extension of time limits

2. Subsection
Time limits for procurement procedures in the upper threshold sector

Section 223.

Transmission and information periods

Section 224.

Offer period in open procedure

Section 225.

Shortened offer periods in open procedures when using electronic media

§ 226.

Time limits in the non-open procedure and in the negotiated procedure after prior call for competition

3. Subsection
Deadlines for procurement procedures in the sub-threshold sector

Section 227.

Special provisions relating to deadlines in the sub-threshold area

Section 5
Suitability of entrepreneurs

§ 228.

General provisions

§ 229.

Exclusion reasons

§ 230.

Date of appropriation of suitability

§ 231.

Egg declaration, request of the evidence by the sector-provider

§ 232.

Test system

§ 233.

Proof of suitability by other entrepreneurs

Section 234.

Quality assurance standards and standards for environmental management

6.
The alert

1. Subsection
General rules on procurement procedures in the upper threshold sector

Section 235.

Tendering principles

§ 236.

Contents of the tender documents

§ 237.

Special provisions relating to the procurement of road vehicles

§ 238.

Alternative offers

§ 239.

Change offerings

§ 240.

Subcontractor benefits

§ 241.

Compliance with labour and social legislation

§ 242.

Corrigendum to the tender

2. Subsection
Special tendering provisions relating to tenders to be submitted electronically
in the upper threshold

§ 243.

Provisions for the submission of electronic offers

§ 244.

Definition of the communication channels, the data formats and the encryption

3. Subsection
The performance description in procurement procedures in the upper threshold range

§ 245.

Type of performance description

§ 246.

Principles of the performance description

§ 247.

Technical specifications

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

§ 248.

Subthreshold scope tendering

Section 7
Execution of individual award procedures

§ 249.

Expiry of the open procedure

§ 250.

Participants in the non-open procedure without prior call for competition and in negotiated procedure without prior call for competition

§ 251.

Confirmation of interest in the case of a call for competition by means of a periodic non-binding notice

§ 252.

Participants in the non-open procedure after prior call for competition and in the negotiated procedure after prior call for competition

§ 253.

Expiry of the non-open procedure

§ 254.

Conduct of the negotiation procedure

8. Section
The offer

1. Subsection
General rules for tendering procedures in the upper threshold sector

§ 255.

General provisions

§ 256.

Form of tenders

§ 257.

Content of offers

§ 258.

Special provisions on the content of the offers with functional specifications

§ 259.

Submission of offers in paper form

§ 260.

Time limit for the award

2. Subsection
Special provisions for electronically transmitted tenders in the case of award procedures
in the upper threshold

§ 261.

General provisions for electronically transmitted tenders

§ 262.

Form, encryption and qualified signature of the offer, secure concatenation of offer components

3. Subsection
Sub-threshold specifications

§ 263.

Procedures for procedures in the subthreshold range

Section 9
The award procedure

1. Subsection
Opening and examination of offers, withdrawal of offers

§ 264.

Reception, custody and opening of tenders

§ 265.

Receipt of electronically transmitted offers

§ 266.

Storage of electronically transmitted offers

§ 267.

Examination of tenders

§ 268.

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

§ 269.

Withdrawal of tenders

§ 270.

Withdrawal of offers from third countries

2. Subsection
The supplement

§ 271.

Choice of bid for surcharge

§ 272.

Announcement of award decision

§ 273.

Standstill period and award of the award

§ 274.

Effectiveness of the strike

§ 275.

Form of contract conclusion by electronic means

Section 10
Termination of the award procedure

§ 276.

Basic

§ 277.

Documentation requirements for procurement procedures in the upper threshold sector

§ 278.

Reasons for the revocation of an award procedure

§ 279.

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

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

Section 1
Award of non-priority service contracts

§ 280.

Non-priority service contracts

Section 2
Provisions relating to the implementation of electronic auctions

§ 281.

Basic

Section 282.

General provisions relating to the implementation of electronic auctions

§ 283.

Special provisions for the implementation of simple electronic auctions

§ 284.

Special provisions for the implementation of other electronic auctions

Section 3
Provisions relating to competitions

§ 285.

General

§ 286.

Participation in the competition

§ 287.

Conduct of competitions

Section 4
Provisions relating to the establishment and operation of a contract and the award of contracts
on the basis of a dynamic procurement system

§ 288.

General

§ 289.

Setting up and operating a dynamic procurement system

§ 290.

Award of contracts on the basis of a dynamic procurement system

Part 4
Legal protection in front of the Federal Procurement Office

1. Main item
Establishment and internal organisation

Section 1
Establishment and legal status of Members

§ 291.

Establishment of the Federal Procurement Office

Section 292.

Appointment of Members

§ 293.

Incompatibility

§ 294.

Deletion of membership

§ 295.

Legal status of Members

§ 296.

Partiality; rejection of members

Section 2
Rules on service and employment law; immigration rates

§ 297.

General

§ 298.

Service supervision

Section 299.

Performance determination

§ 300.

Besoldung

§ 301.

Compensation of other Members

Section 3
Internal organisation of the Federal Procurement Office

§ 302.

Line

§ 303.

Formation and composition of the Senate

§ 304.

Business Assignment, Prevention

§ 305.

Decision-making and consultation of the Senate

§ 306.

Duties of the Senate Chairperson

§ 307.

General Assembly; Meeting of the Services

§ 308.

Rules of procedure and business distribution

§ 309.

Business apparatus

§ 310.

Evidence point

§ 311.

Activity Report

2. Main piece
Competence and procedures

Section 1
General provisions

§ 312.

Responsibility

§ 313.

Obligation to provide information

§ 314.

Charges and Testimonies

§ 315.

Deliveries

§ 316.

Oral proceedings before the Federal Procurement Office

§ 317.

Conduct of the trial and the release of the certificate

§ 318.

Fees

§ 319.

Due rate

Section 2
Review procedures

§ 320.

Initiation of proceedings

§ 321.

Time limits for follow-up applications

Section 322.

Content and admissibility of the verification request

§ 323.

Notice of initiation of proceedings and a negotiation

§ 324.

Parties to the review procedure

§ 325.

Annulment of decisions of the contracting authority

§ 326.

Decision deadline

§ 327.

Mutwillenspenalties

Section 3
Injunction

§ 328.

Application

§ 329.

Dismissal of the injunction

§ 330.

Procedural provisions

Section 4
Determination procedures

§ 331.

Initiation of proceedings

§ 332.

Content and admissibility of the application for a determination

§ 333.

Procedural provisions

§ 334.

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

§ 335.

Uneffective explanation of revocation

Part 5
Non-State control and civil law

1. Main item
Non-State control

§ 336.

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

§ 337.

Certification procedure

2. Main piece
Civil law

§ 338.

Claims for damages

§ 339.

Contracting authority's right of withdrawal

§ 340.

Relationship with other legislation

§ 341.

Competence and procedures

§ 342.

Effect of a discerning discovery on the completed contract

§ 343.

Provisions on arbitral jurisdiction

Part 6
Penal, final and transitional provisions

§ 344.

Criminal provisions

§ 345.

Entry into force, external force and transitional provisions

§ 346.

Release and entry into force of regulations

§ 347.

Applicability of the provisions of this Federal Act

§ 348.

Convention on Government Procurement

§ 349.

Enforcement

§ 350.

Referrals, personal names

§ 351.

References to acts of the European Community

Annex I:

List of activities according to the general classification of economic activities in accordance with § 4 Z 1

Annex II:

Construction contracts according to § 3 (2)

Annex III:

Priority Services

Annex IV:

Non-priority services

Annex V:

List of central contracting authorities according to § § 12 (1) (1) and (2) (2) (2) (2) (2) (2)

Annex VI:

List of goods in the field of defence referred to in Article 12 (1) (1) (1)

Annex VII:

List of relevant professional and commercial registers Certificates and affirsary declarations in accordance with § § 71 (1) (1) (1) and (72) (2) (1) (1)

Annex VIII:

Information which must be included in the upper threshold range in notices pursuant to Articles 46, 53, 54, 61, 136 and 158 (3)

Annex IX:

In the call for competition in accordance with § 213 (1) (1) (1) and in the notice pursuant to section 290 (3)

Annex X:

Information to be published in the notice on the existence of a test system pursuant to § 215

Annex XI:

Information to be published in the regular non-binding notice pursuant to § 214, Notice of a description profile which does not serve as a call for competition

Annex XII:

Information to be published in the notice of contracts awarded and concluded framework agreements pursuant to § 217

Annex XIII:

Information to be published in the Notice of Competitions pursuant to Section 207 (1) (2)

Annex XIV:

Information to be included in the publication of the results of competitions

Annex XV:

Pattern for the publication of procurement procedures in the sub-threshold sector

Annex XVI:

Features for publishing

Annex XVII:

Requirements for the devices for receiving electronically transmitted data sets in connection with a contract award procedure

Annex XVIII:

List of Community rules pursuant to § 179 (2) (1)

Annex XIX:

Data for the calculation of certain external costs of road vehicles incurred throughout the life cycle "

2. In § 2, the previous Z 30 is omitted, the previous Z 29 receives the number designation "30."; after Z 28 the following new Z 29 will be inserted:

" 29.

Qualified electronic signature is an electronic signature, which meets the requirements of § 2 Z 3a of the Signature Act (SigG), BGBl. I n ° 190/1999. '

3. In § 2, the previous Z 33 to 49 will receive the number designations "34." to "50."; after the Z 32 the following new Z 33 is inserted:

" 33.

Road vehicle is a vehicle which is one of the vehicles listed in Table 3 of the Hanges XIX shall be consulted. "

4. § 2 Z 47 (new) reads:

" 47.

Time stamp is an electronic certificate that certain electronic data are available at a certain point in time. "

5. § 2 Z 48 (new) lit. (b) reads:

" (b)

for contracting entities, contracts or contracts for contracting entities relating to construction, supply or service contracts. "

6. In § 10 Z 2 and § 12 para. 1 the phrase "for National Defense" in each case by the word sequence "for national defence and sport" , in Sections 44 (1), 45, 72 (4), 125 (6), 179 (4) to 6, 205 (1), 206, 268 (4), 291 (1), 292 (4), 293 (4), 297 (4) and (6) (6) Z 1, 298, 299 (3), 301 (2), 309 (1) and (311), the phrase shall be replaced by the following: "for business and work" in each case by the word sequence "for business, family and youth" ; in § § 72 (4) and 179 (4) and (5) the word order shall be replaced by "for Foreign Affairs" in each case by the word sequence "European and international affairs" replaced.

7. In § 10 Z 4, the word "Commission" through the phrase "Commission of the European Communities (Commission)" replaced.

8. § 10 Z 14 reads:

" 14.

for the procurement of supplies or services by contracting entities from a central purchasing body, provided that the central purchasing body in the procurement of these supplies or services is subject to the provisions of the second part of this Federal law has complied with, "

9. § 10 Z 17 lit. b is:

" (b)

a separation from the original construction contract would be possible, but the additional building services are absolutely necessary for its completion. "

10. In § 11, the reference ", 335" by reference ", 336" replaced.

11. In § 11, the period at the end of the third sentence is replaced by a semicolon and the following half-sentence is added:

" The application of Article 5 (2) and (4) to (6) of Regulation (EC) No 1370/2007 shall remain unaffected. "

12. In § 12 (1) (1) (1) and (2) (2) (1) the amount "EUR 137 000" in each case by the amount "EUR 133 000" ; in Section 12 (1) (2) and (2) (2) (2) the amount shall be "EUR 211 000" in each case by the amount "206 000 euro" ; in Sections 12 (1) Z 3, 53 (4) (4) (3), 180 (1) (2) and 214 (2) (2) (3), the amount shall be replaced by: "EUR 5 278 000" in each case by the amount "EUR 5 150 000" ; in Section 180 (1) (1) and (2), the amount shall be replaced by "EUR 422 000" in each case by the amount "412 000 euro" replaced.

13. The previous text of § 18 receives the sales designation "(1)" ; in Section 18 (1) (new), the reference "78" by reference "70 (3)" replaced.

14. § 18 the following paragraph 2 is added:

" (2) In so far as the thresholds laid down in § § 12 (1) and (2) and 53 (4) (4) (3) are to be brought into line with the thresholds as amended by the Commission in accordance with the procedure laid down in Article 78 of Directive 2004 /18/EC, the Federal Chancellor has the to make known the newly established thresholds in the Federal Law Gazprom. "

15. § 20 (1) reads:

" (1) candidates or tenderers who are established in the territory of another Contracting Party to the EEA Agreement or in Switzerland and who seek an official decision concerning their professional qualifications for the performance of an activity in Austria. , must initiate proceedings as soon as possible and, in any event, before the end of the offer period. "

16. In § 38 (1) the number shall be: "350 000" by the number "1 000 000" replaced.

Section 38 (2) Z 3 reads as follows:

" 3.

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 "

18. § 38 para. 2 Z 4 receives the number designation "5." ; in § 38 (2) the following Z 4 shall be inserted:

" 4.

services can be procured on particularly favourable terms by an entreprenter who will cease to operate, or by a liquidator or liquidator in the context of a bankruptcy, bankruptcy, settlement or settlement, or a similar procedure or a similar procedure provided for in the laws, regulations or administrative provisions of the EEA Contracting Parties, or "

19. In § 41 (1) the word order is deleted ", 78 and 132 (3)" .

20. § 43 (1) first sentence reads:

" The transmission of tender documents, communications, applications, requests and notifications, as well as any other exchange of information between contracting authorities 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 letter. "

21. In § 43 (4), § 93, second sentence, § 114 (3) and (4), first sentence, § 115 (1), (2) and (4), § 121 (4), second sentence, as well as section 204 (4), the phrase "secure electronic signature" in each case by the word sequence "qualified electronic signature" replaced.

22. In § 43 (4) and § 204 (4), the parenthesis shall be deleted. "(§ 2 Z 3 SigG)" .

23. In § 43 (6), the second sentence is deleted.

24. In § 45, the reference "§ 335" by reference "§ 336" replaced.

Section 46 (2) reads as follows:

"(2) The notice shall expressly indicate the need for an official decision concerning the admissibility of the exercise of an activity in Austria as well as the obligation pursuant to Section 20 (1)."

26. § 49 reads:

" § 49. (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 pursuant to § 50. The contracting authority must be able to demonstrate the date of dispatch of the contract notice. "

27. § 53 (5) reads:

"(5) The preliminary information expressly refers to the need for an administrative decision concerning the admissibility of the exercise of an activity in Austria as well as the obligation pursuant to Section 20 (1)."

Section 54 is added to the following paragraph 6:

' (6) The contracting authority may submit to the Commission a contract awarded in a contract award procedure without prior publication or a framework agreement which, after the award procedure has been carried out, shall be concluded without prior publication of the contract notice. , with the use of any existing relevant standard forms for the upper threshold range. It shall include the name and address of the contracting authority and the successful tenderer, a description of the subject of the contract, the value of the contract and the reasons for the execution of a contract award procedure without prior publication of the contract notice. "

§ 55, the following paragraphs 5 and 6 are added:

Where an award procedure has been carried out without prior notice in the sub-threshold range, the contracting authority may make the decision to which tenderer the contract is to be awarded in accordance with paragraph 2, or, where a determination is made, of: in accordance with paragraph 2, in such a way as to ensure an appropriate level of public opinion. 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, on 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, shall be subject to a contract Make known the way in which a reasonable degree of public opinion is guaranteed. This notice shall include the name and address of the contracting authority and the successful tenderer, a description of the subject of the contract, the value of the contract and the contract for the award of a contract without prior publication of the contract notice. to record the relevant reasons. "

30. In § 68 (2), the reference "38 (2) Z 3" by reference "38 (2) (3) and (4)" replaced.

31. § 70 with headline reads:

" Declaration of the egg, request of the evidence by the client

§ 70. (1) The adjudicating entity shall specify the evidence in accordance with § § 71 to 75 of the entrepreneurs participating in a procurement procedure, their

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. In doing so, the adjudicating entity shall take into account the legitimate interests of the entreprenter in the protection of its technical or trade-related trade secrets.

(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 award of works contracts, the estimated value of which is valued at at least EUR 120 000, and in the award of supply and service contracts, the estimated value of which is at least EUR 80 000, the contracting authorities shall: In any event, the award of the fixed evidence from the successful tenderer shall be required; in the case of a lotting in lots, this shall only apply if the estimated value of the individual lots reaches these thresholds.

(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 bidding community, each member shall have the power to prove the benefit to him in accordance with the conditions laid down in paragraphs 2 and 3 of this Article. "

32. In § 71, the phrase shall be the order of the word "to demand" by the word "To set" replaced.

Section 72 (1) first sentence reads as follows:

"The adjudicating entity must establish as proof of professional reliability in accordance with § 70 (1) Z 2 that the entrepreneurs have to prove that there is no grounds for exclusion in accordance with § 68 (1)."

34. § 76 with headline reads:

" Proof of suitability by other entrepreneurs

§ 76. 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 evidence that he/she is actually available for the execution of the order to the extent available to the other entrepreneurs, to the extent necessary. "

35. The 3. Subsection of Part 2, 3. Main piece, 5. Section is omitted.

36. The previous § 79 receives the paragraph designation " § 78. " , the previous § 80 receives the paragraph designation " § 79. " .

37. In accordance with § 79 (new), the following § 80 with headline is inserted:

" Special provisions relating to the procurement of road vehicles

§ 80. (1) In the case of supply contracts relating to the procurement of road vehicles, contracting entities shall have at least the following operational energy and environmental impacts during the entire service life:

1.

energy consumption,

2.

the CO 2 emissions and

3.

the emission of nitrogen oxides (NO X ), non-methane hydrocarbons (NMHC) and particles.

(2) The contracting authority shall:

1.

to lay down technical specifications with regard to all energy and environmental impacts to be taken into account in accordance with paragraph 1; or

2.

to set the energy and environmental impacts as award criteria in accordance with paragraph 1; or

3.

the cost of the energy consumption, the CO, which is incurred throughout the life of a road vehicle 2 -to quantify emissions and pollutant emissions in accordance with the method of calculation referred to in paragraphs 4 to 7 and to identify the most technically and economically most favourable offer or offer at the lowest price consideration.

(3) In setting the technical specifications referred to in paragraph 2 (1), the contracting authority shall have the amount of CO 2 emissions or emissions of at least one pollutant in accordance with paragraph 1 (1) (3), in such a way that the statutory emission limit values in force at the time of initiation of the award procedure are subject to a reduction in emission limits.

(4) In order to calculate the cost of energy consumption over the entire service life of a road vehicle, the total mileage in accordance with paragraph 7, the energy consumption per kilometre and the cost per unit of energy shall be calculated by each other. The fuel consumption of a road vehicle per kilometre on the basis of these test methods shall be provided, in so far as the type-approval legislation of the European Community provides for standardised Community testing procedures. to use. In the case of road vehicles for which there are no such standardised Community test procedures, the results of generally accepted procedures or tests carried out for the adjudicating entity or the information supplied by the manufacturer must be used. If the fuel consumption of a road vehicle is specified in units other than energy consumption units, it shall be presented in accordance with the data on the energy content of fuel in Table 1 of the Hanges XIX in energy consumption units per kilometre. The cost of an energy unit shall be equal to the lower value of the cost per unit of energy of petrol or diesel fuel before taxes, if used as a transport fuel.

(5) In order to calculate the cost of CO in the operation of a road vehicle over the entire service life of the road vehicle 2 -emissions shall be the total mileage in accordance with paragraph 7, the CO 2 -emissions in kilograms per kilometre and the cost of CO 2 -emissions per kilogram in accordance with Table 2 of the Hanges XIX by each other. Where Community testing procedures are laid down in Community legislation on type-approval, the CO 2 emissions of a road vehicle per kilometre on the basis of these test methods. In the case of road vehicles for which there are no such standardised Community test procedures, the results of generally accepted procedures or tests carried out for the adjudicating entity or the information supplied by the manufacturer must be used.

(6) In order to calculate the cost of pollutant emissions over the entire life of a road vehicle, the costs of emissions of nitrogen oxides throughout the life of the road are calculated, Non-methane hydrocarbons and particles added. In order to calculate the cost of each road vehicle over the entire life of a road vehicle, the total mileage referred to in paragraph 7 shall be calculated, the emissions in grams per kilometre, and the respective cost per gram per gram 2 of Hanges XIX by each other. Subject to the establishment of standardised Community test procedures in the European Community legislation on type-approval, the emissions of pollutants from a road vehicle per kilometre shall be based on those test procedures to use. In the case of road vehicles for which there are no such standardised Community test procedures, the results of generally accepted procedures or tests carried out for the adjudicating entity or the information supplied by the manufacturer must be used. By way of derogation from Table 2 of the Hanges XIX the contracting authority may calculate higher costs per gram, provided that such costs are the values set out in Table 2 of the Hanges XIX not more than double.

(7) The total mileage of a road vehicle is Table 3 of the Hanges XIX See. Instead of Table 3 of the Hanges XIX The customer can also set a different total mileage performance. The fixed total mileage shall be objectively justified and shall be indicated in the tender documents. In the case of used road vehicles, the mileage already delivered shall be from the total mileage in accordance with Table 3 of the Hanges XIX or shall be deducted from the mileage fixed by the adjudicating entity. "

38. § 83 with headline reads:

" Subcontracting

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

(2) The adjudicating entity shall determine in the tender documents whether only the essential parts of the order which the tenderer intends to award to third parties in any case or possibly by way of subcontracting shall be disclosed.

(3) The transfer 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. "

39. § § 88 and 89 together with the headings are:

" Preparation and transmission of tender documents and other documents

§ 88. (1) 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. .

(2) If the documents are not made available electronically, they shall be sent to each applicant for open procedures, in the case of non-open procedures and negotiated procedures, to each candidate requested to submit an offer. or under the same conditions, it shall be possible for them to inspect the documents, to make copies and, where it is intended or customary, to obtain them.

(3) The names and the number of candidates to whom the documents are submitted or who inspect documents or acquire such documents shall be kept secret.

Costs of the tender documents

§ 89. For tender documents, provision may be made for remuneration only in duly substantiated cases. This fee may only cover the production costs (paper, printing or reproduction costs, costs for the data carrier) as well as any postage charges. A corresponding guarantee may be required for documents to be returned. "

40. § 102 (1) second sentence is deleted.

41. § 103 (3) reads:

"(3) In order to demonstrate the necessary capacity or authority, the entreprenter shall have to announce the submission of the application for participation to the subcontractors in question."

42. In § 103 (4), the reference "§ § 68 to 78" by reference "§ § 68 to 77" replaced.

43. § 103 (5), third sentence, § 154 (4), second sentence, § 160 (5), second sentence, and § 286 (4), second sentence, the second sentence reads as follows:

"The applicant may consult the part of the minutes relating to his application for participation."

44. § 108 (1) (2) is:

" 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 Total order required guarantees of financial and economic performance. Announcement of all parts or-if the client has provided this in the tender documents-only the essential parts of the order to be awarded to the bidder at any rate or possibly by subcontracting to third parties intended. The subcontractors in question are known to be present. The nomination of several subcontractors per service part is permitted. The liability of the Contractor shall not be affected by this information; "

§ 108 (1) Z 7 reads as follows:

" 7.

the list of documents enclosed in the tender and submitted separately; "

Section 112 (3) reads as follows:

Where an applicant or tenderer has initiated proceedings in accordance with Article 20 (1) before the end of the offer period, the contracting entity shall, in so far as it is an offer eligible for the award of a contract, have submitted 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 shall not apply to proceedings in accordance with § § 28 (2) Z 3, 29 (2) Z 3, 6 and 7, 30 (2) Z 3 and 38 (2) Z 3 and 4 as well as for expedited proceedings in accordance with § § 61 to 63, 66 and 67. "

47. In the title before § 114, in § 134 para. 3, in the title before § 262 and in § 275, the word "secure" in each case by the word "qualified" replaced.

48. In § 114 (1), second sentence, the word order "securely signing" through the phrase "Signable with a qualified signature" replaced.

49. In § 114 (1), third sentence, the word order shall be "securely signed" through the phrase "Signable with a qualified signature" replaced.

50. In § 115 (3), first sentence, the word order shall be "secure signature" through the phrase "qualified electronic signature" replaced.

51. § 118 (6) last sentence and § 121 (6) last sentence reads as follows:

"The tenderers-if they were entitled to take part in the opening-shall be entitled to a copy of the transcript to be followed."

52. In § 119 (1) first sentence and § 265 (1), first sentence, the word "Time Stamp Service" in each case by the word "Time stamp" ; in § 119, para. 1, second sentence, and in § 265, para. 1, second sentence, the word "Time stamp service" in each case by the word "timestamps" replaced.

53. § 123 together with headline reads:

" Procedure in the examination

§ 123. (1) 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.

(2) 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 19 (1) have been complied with;

2.

the power, performance and reliability of the bidder, 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. "

54. In § 125 (3) Z 2, the reference "§ 80 (4)" by reference "§ 79 (4)" replaced.

55. § 128 (2) and (3) reads:

" (2) The total prices resulting from the examination of tenders, including the partial total prices in the case of subcontracting, shall be provided to any tenderer who has been entitled to participate in the opening of the bid. Any tenderer may inspect his or her offer or through his offer.

(3) The tenderer may inspect the part of the transcript in question. In the design of the transcript, it is important to take care of it. "

§ 129 (1) Z 11 reads as follows:

" 11.

Offers from tenderers where the adjudicating entity is at the time of the award decision, or the expiry of the grace period set in accordance with Section 112 (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. "

The following sentence shall be added to section 129 (2):

"From a tenderer who is established in the territory of another Contracting Party to the EEA Agreement or in Switzerland, it is also possible to require information on the admissibility of the exercise of the activity in Austria."

§ § 131 and 132 together with headings are:

" Announcement of the award decision

Section 131. (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 132 (1), the reasons for the rejection of their offer, the transfer rate, 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.

a negotiated procedure pursuant to § 28 (2) (3), § 29 (2) (2) (3), (6) or (7) or § 30 (2) (2) (3) was conducted;

3.

a performance based on a framework agreement or a dynamic purchasing system should be awarded.

Standstill period and award of the award

§ 132. (1) The adjudicating entity must not award the contract with other absolute invalidity within the standstill period. The standstill period shall begin in the case of section 131 (1) 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 the refusal of their bid to disclose the transfer and the characteristics and advantages of the successful offer, unless the disclosure of this information is public. the interests or legitimate business interests of entrepreneurs, or would harm the free and fair competition. "

59. In § 140 (1), first sentence and second sentence, second sentence, as well as in § 279 (1), first sentence, the word sequence shall be omitted. "immediately and" .

60. § 140 (1) second sentence and third sentence as well as § 279 para. 1 second and third sentence are respectively omitted.

61. § 140 (3) to (5) shall be replaced by the following paragraphs 3 and 4; the previous paragraphs 6 to 10 shall be replaced by the sales designations "(5)" to "(9)" :

" (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 shall be reduced to seven days. "

62. The reference is made in § 141 (1) and § 142 (3). "49," in each case by the reference "49, 51," ; in section 141 (1) and section 142 (3), the reference ", 132 (3) and 140 (10)" in each case by the reference " and 140 (9) " replaced; in section 141 (2) the reference shall be made to: "38 para. 2 Z 2 or 4" by reference "38 para. 2 Z 2, 4 or 5" replaced; in section 142 (1) the reference shall be made to: ", 79" by reference ", 78" replaced.

63. In Section 141 (3), the period at the end of the first sentence is replaced by a semicolon and the following half-sentence is added:

" The application of Article 5 (2) and (4) to (6) of Regulation (EC) No 1370/2007 shall remain unaffected. "

64. § 151 para. 3 sixth and seventh sentence reads:

" The adjudicating entity shall have the name of the entreponer or the operator not taking into account the 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. An obligation to communicate with which contractor the framework agreement is to be concluded does not exist if a negotiated procedure in accordance with § 28 (2) Z 3, § 29 (2) Z 3 or 6 or § 30 (2) Z 3 for the conclusion of the Framework agreement was implemented. "

65. In § 151, the previous paragraphs 4 to 6 will receive the new sales designations "(5)" to "(7)" ; the following paragraph 4 (new) is inserted:

" (4) The contracting authority must 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 § § 49 (2) and 55 (5). "

66. § 155 (8) reads:

"(8) § § 88, 89, 91 to 94, 113 to 116 and 119 shall apply mutatily for the transmission of competition documents and other documents relating to the performance of a competition."

67. In § 159 (1), the reference "67 to 78" by reference "67 to 77" replaced.

68. § 175 Z 12 reads:

" 12.

for the procurement of supply or services by sector contracting authorities from a central purchasing body, provided that the central purchasing body in the procurement of these supplies or services is subject to the provisions of the second subparagraph of Article 2 (2). or 3. Part of this federal law has complied with, "

69. In § 175 Z 19, at the end of the period, the following shall be replaced by a paint; the following Z 20 shall be added:

" 20.

for orders and contests designed to enable sector orders to generate electricity in Austria. "

70. In § 177 the reference ", 335" by reference ", 336" replaced.

71. In § 177, the period at the end of the last sentence is replaced by a semicolon and the following half-sentence is added:

" The application of Article 5 (2) and (4) to (6) of Regulation (EC) No 1370/2007 shall remain unaffected. "

72. § 178 (2) and (3) reads as follows:

(2) In accordance with the first paragraph of paragraph 1, the Commission shall, at the latest 48 days, provide the Commission with all the information provided for in the standard contract form for each contract awarded, the contract value of which shall be at least EUR 5 million. to be announced after the award of the award.

(3) Exempted sector contractors within the meaning of paragraph 1 shall have, either at the request of the Commission or no later than 48 days after the end of each quarter of a calendar year, all the information in accordance with the standard form for contracts awarded for each of the following: shall be notified to the Commission by a contract whose contract value has been at least EUR 400 000. They shall keep these particulars and the documents relating thereto for at least four years from the date of the award of the contract. "

73. § 178 (4) are deleted.

74. The previous text of § 186 receives the sales designation "(1)" . In § 186 (1) (new) the reference "235" by reference "231 (3)" replaced.

Section 186 is added to the following paragraph 2:

" (2) In so far as the thresholds laid down in § § 180 (1) and (2) and 214 (2) (2) (3) are to be aligned with the thresholds as amended by the Commission in accordance with the procedure laid down in Article 69 of Directive 2004 /17/EC, the Federal Chancellor has the following: to make known the newly established thresholds in the Federal Law Gazprom. "

Section 188 (1) reads as follows:

" (1) candidates or tenderers who are established in the territory of another Contracting Party to the EEA Agreement or in Switzerland and who seek an official decision concerning their professional qualifications for the performance of an activity in Austria. , must initiate proceedings as soon as possible and, in any event, before the end of the offer period. "

§ 195 Z 10 reads as follows:

" 10.

in the case of occasional purchases from a supplier, where goods can be procured for a very short period of time at a price which is significantly below the normal market prices, or "

Section 197 (3) shall be replaced by the following paragraphs 3 and 4:

" (3) The Party or the parties to the Framework Agreement shall be determined after the implementation of an open procedure, a non-open procedure after prior call for competition or a negotiated procedure in accordance with § § 194 or 195. The sector donor shall have the unconsidered tenderer's name, or 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. An obligation to communicate with which contractor the framework agreement is to be concluded shall not exist if a negotiated procedure has been carried out in accordance with § 195 Z 4 or 8 for the conclusion of the framework agreement.

(4) The sector donor 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 § § 210 (2) and (219) (5). "

79. In § 201 (1) the reference is deleted " 235 and 273 (3), " .

The first sentence of Section 204 (1) reads as follows:

" The transmission of tender documents, communications, applications, requests and notifications, as well as any other exchange of information between sector contracting authorities and entrepreneurs, unless otherwise provided in this Federal Act, may not be , or where the sector donor is not, exceptionally, determined otherwise, either by fax or by electronic means-in exceptional exceptional cases, also by letter. "

81. The second sentence is deleted in Section 204 (6).

82. In § 206 the reference "§ 335" by reference "§ 336" replaced.

Article 207 (2) reads as follows:

"(2) In the call for competition, it is expressly to be pointed out to the need for an official decision concerning the admissibility of the exercise of an activity in Austria as well as the obligation pursuant to Section 188 (1)."

§ 210 reads as follows:

" § 210. (1) The sector contractor may make notices and notices not subject to a notification obligation under this Federal Act to the Commission, using any existing relevant standard forms for: Transmit announcements.

(2) Where a procurement procedure has been carried out without a prior call for competition in the upper threshold range, the Commission's sector donor may be aware of the decision, using the relevant standard form for notices. which bidder is to be awarded the contract.

(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 211. The sector donor must be able to demonstrate the date of dispatch of the contract notice. "

The following paragraph 7 is added to Article 217:

' (7) The sector contracting authority may give the Commission a contract awarded in an award procedure without prior call for competition, or a framework agreement which it shall, after the award procedure has been carried out, without prior call for tenders. Competition has been finalised, with the use of existing relevant standard forms for the upper threshold range. It shall include the name and address of the sector contracting authority and the successful tenderer, a description of the subject of the contract, the value of the contract and the relevant contract for the execution of an award procedure without prior call for competition. Reasons to keep. "

The following paragraphs 5 and 6 are added to § 219:

Where a contract award procedure has been carried out without a prior call for competition in the sub-threshold range, the sector contracting authority may make the decision to which tenderer the award is to be awarded in accordance with paragraph 2, or, where appropriate, a definition in accordance with paragraph 2 has not been made, in a manner which ensures an appropriate level of public opinion. 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 such a way as to ensure an adequate level of public opinion. This notice shall include the name and address of the sector contracting authority and the successful tenderer, a description of the subject of the contract, the value of the contract and the procedure for carrying out a contract award procedure without prior call for tenders. to record the reasons for competition. "

87. Before section 228, the title " 1. Subsection General provisions relating to the suitability and testing of such products " .

88. § 231 with headline reads:

" Eigenerclarification, request of the evidence by the sector donor

§ 231. (1) The sector contracting authority shall determine the evidence with which entrepreneurs who participate in a procurement procedure have their own

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. In doing so, the sector contractor shall take into account the legitimate interests of the entreprentier in the protection of his technical or trade-related trade secrets.

(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 sector contractor and that the specified evidence shall be applied to: be able to provide an immediate request (egg declaration). Such a declaration shall specify the powers on which the trader has concretely.

(3) In the award of contracts, the sector contracting authority may require the submission of certain documents by certain candidates or tenderers, provided that this is necessary in the opinion of the sector-contracting authority. In the award of works contracts, the estimated value of which is valued at at least EUR 250 000, and in the award of supply and service contracts, the estimated value of which is at least EUR 150 000, the sector investor shall: prior to the award of the award, the submission of the fixed evidence from the successful tenderer at any rate shall be required; in the case of a contract in lots, this shall apply only if the estimated value of the individual lot reaches these thresholds.

(4) In accordance with paragraph 3, the sector contractor may request the trader 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, provided that it is provided by the sector- are available in the timeliness requested by the sector order giver and are directly accessible by the sector provider itself. The contractor may also demonstrate the power, reliability and performance of the business with documents other than those laid down by the sector application provider, provided that the documents are not provided for a justified reason. , and the documents submitted shall have the same validity 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 bidding community, each member shall have the power to prove the benefit to him in accordance with the conditions laid down in paragraphs 2 and 3 of this Article. "

§ 233 together with the title is:

" Proof of suitability by other entrepreneurs

§ 233. 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 evidence that he/she is actually available for the execution of the order to the extent available to the other entrepreneurs, to the extent necessary. "

90. The second subsection of the 3. Part, 3. Main piece, 5. Section is omitted.

91. § § 236 and 237 receive the paragraphs " Section 235. " and " § 236. "; Section 235 (new) shall be added to the following paragraphs 6 and 7:

" (6) If 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 made available exclusively by electronic means. .

(7) For tender documents, provision may be made for remuneration only in duly substantiated cases. This fee may only cover the production costs (paper, printing or reproduction costs, costs for the data carrier) as well as any postage charges. A corresponding guarantee may be required for documents to be returned. "

92. According to § 236 (new), the following § 237 and heading is inserted:

" Special provisions relating to the procurement of road vehicles

§ 237. (1) In the case of supply contracts for the procurement of road vehicles, sector contractors shall have at least the following operational energy and environmental impacts during the entire service life:

1.

energy consumption,

2.

the CO 2 emissions and

3.

the emission of nitrogen oxides (NO X ), non-methane hydrocarbons (NMHC) and particles.

(2) The sector donor shall have

1.

to lay down technical specifications with regard to all energy and environmental impacts to be taken into account in accordance with paragraph 1; or

2.

to set the energy and environmental impacts as award criteria in accordance with paragraph 1; or

3.

the cost of the energy consumption, the CO, which is incurred throughout the life of a road vehicle 2 -to quantify emissions and pollutant emissions in accordance with the method of calculation referred to in paragraphs 4 to 7 and to identify the most technically and economically most favourable offer or offer at the lowest price consideration.

(3) In setting the technical specifications referred to in paragraph 2 (1) (1), the sector contractor shall have the level of CO 2 emissions or emissions of at least one pollutant in accordance with paragraph 1 (1) (3), in such a way that the statutory emission limit values in force at the time of initiation of the award procedure are subject to a reduction in emission limits.

(4) In order to calculate the cost of energy consumption over the entire service life of a road vehicle, the total mileage in accordance with paragraph 7, the energy consumption per kilometre and the cost per unit of energy shall be calculated by each other. The fuel consumption of a road vehicle per kilometre on the basis of these test methods shall be provided, in so far as the type-approval legislation of the European Community provides for standardised Community testing procedures. to use. In the case of road vehicles for which there are no such standardised Community test procedures, the results of generally accepted procedures or tests carried out for the sector contractor shall be used or the information supplied by the manufacturer. If the fuel consumption of a road vehicle is specified in units other than energy consumption units, it shall be presented in accordance with the data on the energy content of fuel in Table 1 of the Hanges XIX in energy consumption units per kilometre. The cost of an energy unit shall be equal to the lower value of the cost per unit of energy of petrol or diesel fuel before taxes, if used as a transport fuel.

(5) In order to calculate the cost of CO in the operation of a road vehicle over the entire service life of the road vehicle 2 -emissions shall be the total mileage in accordance with paragraph 7, the CO 2 -emissions in kilograms per kilometre and the cost of CO 2 -emissions per kilogram in accordance with Table 2 of the Hanges XIX by each other. Where Community testing procedures are laid down in Community legislation on type-approval, the CO 2 emissions of a road vehicle per kilometre on the basis of these test methods. In the case of road vehicles for which there are no such standardised Community test procedures, the results of generally accepted procedures or tests carried out for the sector contractor shall be used or the information supplied by the manufacturer.

(6) In order to calculate the cost of pollutant emissions over the entire life of a road vehicle, the costs of emissions of nitrogen oxides throughout the life of the road are calculated, Non-methane hydrocarbons and particles added. In order to calculate the cost of each road vehicle over the entire life of a road vehicle, the total mileage referred to in paragraph 7 shall be calculated, the emissions in grams per kilometre, and the respective cost per gram per gram 2 of Hanges XIX by each other. Subject to the establishment of standardised Community test procedures in the European Community legislation on type-approval, the emissions of pollutants from a road vehicle per kilometre shall be based on those test procedures to use. In the case of road vehicles for which there are no such standardised Community test procedures, the results of generally accepted procedures or tests carried out for the sector contractor shall be used or the information supplied by the manufacturer. By way of derogation from Table 2 of the Hanges XIX the sector donor may charge higher costs per gram, provided that such costs are the values set out in Table 2 of the Hanges XIX not more than double.

(7) The total mileage of a road vehicle is Table 3 of the Hanges XIX See. Instead of Table 3 of the Hanges XIX The sector carrier can also set a different total mileage performance. The fixed total mileage shall be objectively justified and shall be indicated in the tender documents. In the case of used road vehicles, the mileage already delivered shall be from the total mileage in accordance with Table 3 of the Hanges XIX or to be deducted from the kilometre performance established by the sector investor. "

93. § 240 together with headline reads:

" Subcontracting

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

(2) The sector contractor shall specify in the tender documents whether only the essential parts of the order which the tenderer intends to award to third parties, in any case or possibly by way of subcontracts, shall be disclosed.

(3) The transfer 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. "

94. § 250 (1) second sentence is deleted.

§ 257 (1) Z 2 reads as follows:

" 2.

Notification of the subcontractors whose capacity is based on the evidence of their suitability, in the light of the evidence that the tenderer actually has the capacity and the sector contracting authorities responsible for carrying out the operation. Total order required guarantees of financial and economic performance. Announcement of all parts or, if the sector contractor has provided for this in the tender documents, only the essential parts of the order to be awarded to the offeror in any case or possibly by subcontracts to third parties intended. The subcontractors in question are known to be present. The nomination of several subcontractors per service part is permitted. The liability of the Contractor shall not be affected by this information; "

Section 257 (1) Z 6 reads as follows:

" 6.

the list of documents enclosed in the tender and submitted separately; "

(97) § 260 (3), first sentence reads:

" If an applicant or tenderer has initiated proceedings in accordance with section 188 (1) before the end of the offer period, the sector contractor-if it is an offer which is eligible for an award-has, on a reasoned request, the operator shall extend the time limit for the award by one month and the trader shall have a reasonable period of grace 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. "

98. In Section 262 (1), the word order shall be "secure signature" through the phrase "qualified electronic signature" replaced.

99. § 267 together with headline reads:

" Examination of offers

§ 267. (1) 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.

(2) 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 187 (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. "

100. Section 269 (1) Z 7 reads as follows:

" 7.

Tenders from tenderers where the sector donor is responsible at the time of the award decision, or the expiry of the grace period set in accordance with section 260 (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. "

101. Section 269 (3) is added to the following sentence:

"From a tenderer who is established in the territory of another Contracting Party to the EEA Agreement or in Switzerland, it is also possible to require information on the admissibility of the exercise of the activity in Austria."

102. Sections 272 and 273, together with the headings, are:

" Announcement of the award decision

§ 272. (1) 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 respective end of the standstill period in accordance with section 273 (1), the reasons for the rejection of their offer, the transfer rate, 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.

a negotiated procedure has been carried out in accordance with § 195 Z 1, 4, 8 and 9; or

3.

A performance based on a dynamic purchasing system is to be awarded.

Standstill period and award of the award

§ 273. (1) The sector donor may not award the contract for any other absolute nullity within the standstill period. The standstill period shall begin in the case of section 272 (1) 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 sector contracting authority may indicate to which bidder the contract has been awarded to the tenderers remaining in the contract award procedure at the time of the award. In this communication, the remaining tenderers shall be informed of the reasons for the refusal of their bid to disclose the transfer and the characteristics and advantages of the successful offer, unless the disclosure of this information is public. the interests or legitimate business interests of entrepreneurs, or would harm the free and fair competition. "

103. Section 279 (3) to (5) shall be replaced by the following paragraphs 3 and 4; the previous paragraphs 6 to 10 shall be replaced by the sales designations "(5)" to "(9)" :

" (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 sector donor 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 shall be reduced to seven days. "

104. In Section 280 (1), the reference ", 247, 273 (3) and 279 (10)" by reference ", 212, 247 and 279 (9)" replaced.

105. In Section 280 (3), the point at the end of the first sentence is replaced by a semicolon and the following half-sentence is added:

" The application of Article 5 (2) and (4) to (6) of Regulation (EC) No 1370/2007 shall remain unaffected. "

106. Section 287 (8) reads as follows:

"(8) § § 236, 244, 261, 262 and 265 shall apply mutatily for the transmission of competition records and other documents relating to the performance of a competition."

107. Section 291 is added to the following paragraph 4:

" (4) The Federal Minister for the economy, family and youth, the right to be informed about all objects of the management of the Federal Procurement Office. "

108. In Section 300 (2), the word order shall be "Function Group 7" through the phrase "Function Group 8" replaced.

109. Section 302 (1) last sentence reads as follows:

"The management includes, in particular, the management of the service and the supervision of the staff as well as the definition of office hours."

110. Section 306 (2) reads as follows:

" (2) The Senate Chairman shall carry out the procedure. The procedures required for this purpose do not require a Senate decision. The Chairman of the Senate shall carry out the duties of the Senate's report; he shall forward to the adviser all documents relevant to the decision in good time, or, if unnecessarily or in order to preserve the confidentiality of documents, it is essential that: is required to draw up the draft resolution, to submit the decision in the Senate and to prepare the decision of the Senate. "

111. Section 308 (1) last sentence reads:

" The Rules of Procedure shall also lay down the principles governing the distribution of business, as well as the detailed provisions on disclosure requirements, the nature of the proposed transaction concerning the convening of a public oral hearing and the internal rules of the internal market. The Federal Office for the Procurement of the Federal Republic of Germany (Bundesvergabeamt) concerning the establishment of negotiating dates and the conduct of senate consultations. "

112. Section 312 (3) and (4) reads:

" (3) The Federal Procurement Office is responsible for the award of the award.

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

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

1.

in the context of the objections raised by the applicant, in order to establish whether the revocation was unlawful because of a breach of this federal law, the regulations or directly applicable Community law which had been issued for that purpose;

2.

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

3.

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

4.

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

113. § 315 is:

" § 315. To the extent that the Federal Procurement Office is aware of the fax number or electronic address of a party announced in the contract award procedure, the Federal Procurement Office has to deliver written accusations to this address. "

114. Section 318 (1) Z 1 reads as follows:

" 1.

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

115. In § 318 (1) (2), first sentence, the word order is deleted "in Annex XIX" .

116. In § 318 (1) Z 7, the word order shall be "fixed fee" in each case by the word sequence "fixed or reduced fee according to Z 5" replaced.

117. § 321 is:

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

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

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

(4) Applications for verification of the tender or competition documents as well as the invitation to submit a request for participation may extend beyond the time periods referred to in paragraphs 1 and 2 not later than seven days before the end of the offer period, the deadline for submission of the competitive work or the time limit for participation, provided that this period is more than 17 days. If the tendering or competition documents or the invitation to submit a request for participation is sent by a letter, the extension of the period of review does not take place until the offer period, the deadline for submission of the competition work or the participation period more than 22 Days. "

118. § 322 (1) (2) and (332) (1) (2) are each:

" 2.

the exact name of the adjudicating entity and the applicant, including their fax number or electronic address, "

119. In Section 324 (3), the word order shall be "two weeks" in each case by the word sequence "Ten Days" replaced.

120. Section 328 (2) Z 1 reads as follows:

" 1.

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

121. In § 328 (5), after the word order "Granting of the surname," in each case the phrase " the conclusion of the conclusion of a framework agreement, " inserted.

122. In Section 328 (5) Z 1, after the phrase "Do Not Award" the phrase "or do not complete the framework agreement" inserted.

123. In § 329, the previous paragraphs 2 to 4 receive the new sales designations "(3)" to "(5)" ; the following paragraph 2 (new) is inserted:

" (2) A surcharge issued against an order in an injunction, the conclusion of a framework agreement, or the declared revocation of the award procedure is absolutely void or not effective. "

124. In Section 330 (3), the word order shall be "within a week" through the phrase "within seven working days" and the phrase "within 10 days" through the phrase "within ten working days" replaced.

125. Section 331 (1) reads as follows:

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

1.

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

2.

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

3.

the award of the award without notice of the award decision in accordance with § § 131 and 272 because of an infringement of this Federal Law, which was unlawful in this respect, or which was unlawful for this purpose, or directly applicable Community law; or

4.

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

5.

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

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

126. Section 332 (2) and (3) reads:

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

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

1.

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

2.

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

"

127. The following paragraph 7 is added to section 332:

" (7) An application in accordance with § 331 (1) (2) is also inadmissible if the adjudicating entity has announced or announced the decision in accordance with § § 49 (2), 55 (5), 210 (2) or 219 (5) and the surcharge after the expiry of a period of ten Days after the first availability of the notice has been granted. "

128. In Section 333 (2), the reference "§ 331 (1) (4) and (2)" by reference "§ 331 (1) and (2)" replaced.

129. Section 334 and title reads as follows:

" Determination of infringements, annulment and imposition of sanctions

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

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

(3) Unless otherwise specified in paragraphs 4 to 6, the Federal Procurement Office has to declare the contract void in the sub-threshold range following a determination pursuant to Article 312 (3) (3) to (5) if the determined procedure is the contracting authority was manifestly inadmissible on the basis of the provisions of this Federal Law, of the regulations or of the directly applicable Community law, which were in force in this respect.

(4) If the performance provided or an performed part of the service can no longer be reset or only reduced in value, the Federal Procurement Office shall, insofar as paragraph 5 does not apply, shall have a determination pursuant to Article 312 (3) (3) to (5) of the German Federal Law of the , that the contract is only repealed as far as services are still available or services provided are still recoverable without a reduction in value.

(5) The Federal Procurement Office may, following a determination pursuant to § 312 (3) (3) to (5), declare that the contract shall be revoked at the time of the decision by the authorities or at a later date if the contracting authority so requests . The Federal Procurement Office has the interest of the contracting authority in maintaining certain contractual rights and obligations, the applicant's interest in the cancellation of the contract and any public interests involved. against each other.

(6) The Federal Procurement Office must refrain from a declaration of annulment of the contract in accordance with paragraph 3 or a repeal of the contract in accordance with paragraph 4 or 5 in the sub-threshold range, if the contracting authority has requested this and the interest of the client In order to maintain the contractual relationship, the applicant's interest in the termination of the contractual relationship-also in the light of the respective public interests concerned-is outweighed by the contract.

(7) If the Federal Procurement Office has waives the annulment of the contract in accordance with the first sentence of paragraph 2, or 3, a fine shall be imposed on the contracting authority, which must be effective, proportionate and dissuasive. The maximum limit for a fine is 20vH, in the sub-threshold range 10vH, the order total. Fines are being paid to the ERP fund.

(8) The Federal Procurement Office has the seriousness of the breach, the procedure of the contracting authority as well as the reasons for the gravity and the reduction in accordance with § 5 of the Law on the responsibility of the Union (VbVG), Federal Law Gazette (BGBl). I n ° 151/2005 and taking into account the extent to which the contract will be maintained. '

130. § 337 and the title are deleted; sections 335 and 336 of the previous sections shall be replaced by the names of the sections "§ 336." and "§ 337." ; in accordance with § 334, the following § 335 shall be inserted with the title:

" Uneffective explanation of the revocation

§ 335. Following a determination pursuant to Section 312 (4) (3) and procedures in the sub-threshold area, the Federal Procurement Office shall declare the revocation to be ineffective in the event of a determination pursuant to Section 312 (4) (1) (1) if:

1.

the applicant has requested this, and

2.

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

131. In § 336 (new) para. 2, the word order shall be "Federal Minister for Foreign Affairs" through the phrase "Federal Minister for European and International Affairs" replaced.

132. In section 336 (new) (3), the word order is deleted ", contracting entities carrying out activities within the meaning of sections 167 to 172, and entrepreneurs involved in a procurement procedure in the water, energy and transport services and postal services, but at the latest 19 days," .

133. Section 341 (2), first sentence reads:

" A claim for damages shall be admissible only if it has been previously established by the competent contracting authority that:

1.

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

2.

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

3.

the award of the award without notice of the award decision in accordance with § § 131 and 272 because of an infringement of this Federal Law, which was unlawful in this respect, or which was unlawful for this purpose, or directly applicable Community law; or

4.

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

5.

the declaration of the withdrawal of an award procedure for a breach of this federal law, which was unlawful in the case of regulations or directly applicable Community law; or

6.

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. "

134. In Section 344 (1), the reference "335" by reference "336" replaced.

135. The heading before § 345 reads:

"Entry into force, external force and transitional provisions"

136. The following paragraph 14 is added to Section 345:

" (14) For the entry into force of the by the Federal Law BGBl. I n ° 15/2010, and the repeal of the provisions repealed by this Federal Act, the following provisions shall apply:

1.

The table of contents, § 2 Z 29 (new), Z 33 (new), Z 47 (new) and Z 48 (new) lit. b, the new designations of the previous Z 29 as well as 34 to 50 of § 2, § 10 Z 2, 4, 14 and 17 lit. b, § 11, § 12 para. 1 and 2, § 18, § 20 para. 1, § 38 para. 1, the New name of the previous § 38 paragraph 2 Z 4, § 38 Abs. 2 Z 3 and 4 (new), § 41 para. 1, § 43 para. 1 first sentence and paragraph 4, § 44 para. 1, § 45, § 46 para. 2, § 49, § 53 paragraph 4 Z 3 and paragraph 5, § 54 paragraph 6, § 55 para. 5 and 6, § 68 para. 2, § 70 including Title, § 71 introductory sentence, § 72 para. 1, first sentence and para. 4, § 76 with headline, the new title of the previous § § 79 and 80, § 80 (new) including title, § 83 including Title, § 88 with title, § 89 with title, § 93, second sentence, § 103 (3), 4 and 5 third sentence, § 108 (1) 2 and 7, section 112 (3), the title before § 114, § 114 (1) second and third sentence, para. 3 and para. 4, first sentence, § 115, § 118 (6), last sentence, § 119 para. 1 first and second sentence, § 121 (4), second sentence, and paragraph 6, last sentence, § 123, including the title, § 125 (3) and (6), § 128 (2) and (3), § 129 (1) Z 11 and (2) last sentence, § 131 including Title, § 132 including title, § 134 para. 3, § 140 (1) first sentence, para. 2, second sentence, para. 3 and 4, as well as the new sales names of the previous paragraphs 6 to 10, section 141 (1) to (3), section 142 (1) and (3), section 151 (3) sixth and seventh sentence, the new title of the previous § 151 (4) to (6), section 151 (4) (new), § 154 (4), second sentence, § 155 (8), § 159 (1), § 160 (5) (5) second sentence, § 175 Z 12, 19 and 20, § 177, § 178 (2) and (3), § 179 (4) to (6), § 180 (1) and (2), § 186, § 188 (1), § 195 (1), § 204 (1), first sentence, and (4), § 205 (1), § 206, § 207 (2), § 210, § 214 (1). § 2Z 3, § 217 (7), § 219 (5) and (6), § 231 and title, § 233, including the title, § 235 (new) para. 6 and 7, the new title of the previous § § 236 and 237, § 237 (new) with title, § 240 with title, § 257 (1) Z 2 and 6, section 260 (3), first sentence, the title before § 262, § 262 para. 1, § 265 para. 1 first and second sentence, § 267, including the title, § 268, para. 4, § 269 para. 1 Z 7 and para. 3 last sentence Sentence, § 272 with title, § 273, including title, § 275, § 279 para. 1, first sentence, para. 3 and 4, as well as the new sales designations of the previous paragraphs 6 to 10, § 280 (1) and (3), § 286 (4), second sentence, § 287 para. 8, § 291 (1) and (4), § 292 Paragraph 4, § 293 (4), § 297 (4) and 6 (6) Z 1, § 298, § 299 (3), § 300 (2), § 301 (2), § 302 (1), last sentence, § 306 para. 2, § 308 (1), last sentence, § 309 (1), § 311, § 312 (3) and (4), § 315, § 318 (1) Z 1, 2 and 7, § 321, § 322 (1) Z 2, § 324 (3), section 328 (2) (1) and (5), the new name of the previous § 329 (2) to (4); § 329 (2) (new), § 330 (3), § 331 (1), § 332 (1) Paragraph 1 Z 2 as well as (2), (3) and (7), section 333 (2), § 334, and title, § 335 (new) and title, the new title of the previous § § 335 and 336, § 336 (new) para. 2 and 3, § 341 (2), first sentence, § 344 (1), the title before § 345, which Title before § 346, § 349 and § 351 as well as Annex V, Annex XV lit. A Z 3 and Annex XIX shall enter into force with the day following the event, but at the earliest by 20 December 2009; at the same time, § 2 Z 30, § 43 (6), second sentence, of the 3. Subsection of Part 2, 3. Main piece, 5. Section, section 102 (1), second sentence, § 140 (1) second sentence and third sentence and section 5, section 178 (4), section 204 (6), second sentence, the title before § 228 " 1. Subsection General provisions on suitability and testing ", the second sub-section of the 3. Part, 3 main piece, 5. Section, section 250 (1), second sentence, and § 279 (1), second and third sentences, as well as (5) and § 337, together with the title, repeal the force.

2.

The one at the time of the entry into force of the Federal Law BGBl. The award procedures already initiated in 15/2010 must be brought to an end in accordance with the current legal situation. At the time of the entry into force of the Federal Law BGBl. I No. 15/2010 of the Federal Procurement Office are to be continued by the Bundesvergabeamt 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.

3.

The Federal Government's Regulation on charges for the use of the Federal Procurement Office, BGBl. II No 366/2007, shall not enter into force with the date referred to in Z 1. "

137. The heading before § 346 reads:

"The release and entry into force of regulations"

138. § 349 reads:

" § 349. (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.

§ § 18, 50, 52 (1), 55 (2), 186, 211, 216 (1), 219 (2), 270 (3) of the Federal Chancellors,

2.

Section 336 (2), fourth sentence, of the Federal Chancellors and the Federal Minister for European and International Affairs,

3.

§ § 179 (5) fifth sentence and 336 (2) first and second sentence of the Federal Ministers for European and International Affairs,

4.

§ § 45, 72 (4), first sentence, 179 para. 4 fifth and sixth sentence, as well as 206 of the Federal Minister for European and International Affairs and the Federal Minister for Economic Affairs, Family and Youth,

5.

§ § 338 to 341 of the Federal Minister of Justice,

6.

§ § 44 (1), 72 (4), second sentence, 125 (6), 179 (4), first to fourth sentence, 179 (5), seventh and eighth sentence, and (6), 205 (1), 268 (4), 291 (1), 292 (4), 293 (4), 297 (4), second sentence, and (6) Z 1, 298, second sentence, Sentence, 299 (3), 301 (2), 309 (1) and (311), second sentence of the Federal Minister for Economic Affairs, the 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 Community law require this or this is permissible under Community law, the Federal Government may determine, by means of a regulation, that instead of Annexes I to XIV and XVI to XIX other limits on the scope of the application, or in place of the other lists of professional titles or Community legislation which are apparent from the annexes, or Information for notices should be used or other features for publication or publication other requirements relating to devices for receiving electronically transmitted data records shall apply or other data shall be used to calculate the cost of road vehicles over the lifetime of the vehicle. Insofar as this is necessary in order to respect the principles of public procurement law and in the interest of a uniform procedure in the award of contracts in the sub-threshold range, the Federal Government can determine by means of a regulation that other Patterns for the publication of award procedures in the sub-threshold sector in accordance with Annex XV are to be used. "

139. § 351 reads:

" § 351. The following acts of the European Community are implemented by this Federal Act, respectively. :

1.

Directive 89 /665/EEC on the coordination of laws, regulations and administrative provisions relating to the application of review procedures in connection with the award of public supply and public works contracts (Remedies Directive), OJ L 139, 30.4.1989, p. No. 33, idF of Directive 92/50/EEC on the coordination of procedures for the award of public service contracts, OJ L 395, 30.12.1989, p. No. 1, and Directive 2007 /66/EC amending Directives 89 /665/EEC and 92 /13/EEC with a view to improving the effectiveness of review procedures relating to the award of public contracts, OJ L 206, 22.7.2007, p. No. OJ L 335, 20.12.2007 p. 31.

2.

Directive 92/13/EEC on the coordination of laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy and transport sectors and in the Telecommunications sector (sector legislation), OJ C 327, 30.4.2002, p. No. 14, idF of Directive 2007 /66/EC amending Directives 89 /665/EEC and 92 /13/EEC with a view to improving the effectiveness of review procedures relating to the award of public contracts, OJ L 76, 23.3.2007, p. No. OJ L 335, 20.12.2007 p. 31.

3.

Directive 94 /22/EC on the granting and use of authorisations for the prospection, exploration and production of hydrocarbons, OJ L 327, 30.4.1994, p. No. OJ L 164 of 30.06.1994 p. 3.

4.

Regulation (EC) No 2195/2002 on the Common Procurement Vocabulary (CPV), OJ L 327, 31.12.2002, p. No. 1, idF of Regulation (EC) No 213/2008 amending Regulation (EC) No 2195/2002 on the Common Procurement Vocabulary (CPV) and the Procurement Directives 2004 /17/EC and 2004 /18/EC with regard to the Revision of the vocabulary, OJ C No. 1, idF of the corrigendum OJ L 74, 27.3.2008, p. No. OJ L 198, 26.07.2008, p.

5.

Directive 2004 /17/EC on the coordination of the award of contracts by entities operating in the water, energy, transport and postal services sectors, OJ L 327, 30.4.2004, p. No. 1, IDF of corrigenda OJ L 134, 30.4.2004, p. No. OJ L 358, 03.12.2004, p. No. 46, and of Regulation (EC) No 213/2008 amending Regulation (EC) No 2195/2002 on the Common Procurement Vocabulary (CPV) and the Procurement Directives 2004 /17/EC and 2004 /18/EC as regards the Revision of the vocabulary, OJ C No. 1, idF of the corrigendum OJ L 74, 27.3.2008, p. No. 74, idF of Decision 2008 /963/EC amending the Annexes to the Public Procurement Directives 2004 /17/EC and 2004 /18/EC as regards their lists of contracting entities and contracting authorities, OJ L 198, 22.7.2008, p. No. OJ L 349, 24.12.2008 p. 1.

6.

Directive 2004 /18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, OJ L 134, 30.4.2004, p. No. 114, of the corrigendum to the corrigendum OJ L 134, 30.4.2004, p. No. 44, and Directive 2005 /75/EC on the corrigendum to Directive 2004 /18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, OJ L 351, 28.11.2005, p. No. 55, and to Regulation (EC) No 213/2008 amending Regulation (EC) No 2195/2002 on the Common Procurement Vocabulary (CPV) and the Procurement Directives 2004 /17/EC and 2004 /18/EC as regards the Revision of the vocabulary, OJ C No. 1, idF of the corrigendum OJ L 74, 27.3.2008, p. No. 74, idF of Decision 2008 /963/EC amending the Annexes to the Public Procurement Directives 2004 /17/EC and 2004 /18/EC as regards their lists of contracting entities and contracting authorities, OJ L 198, 22.7.2008, p. No. OJ L 349, 24.12.2008 p. 1.

7.

Decision 2005 /15/EC laying down detailed rules for the implementation of the procedure laid down in Article 30 of Directive 2004 /17/EC on the coordination of the procurement procedures of entities operating in the water, energy, transport and transport sectors, and Postal services, OJ No. OJ L 7 of 11.01.2005 p. 7.

8.

Regulation (EC) No 1564/2005 on the introduction of standard forms for the publication of contract notices under procedures for the award of public contracts pursuant to Directive 2004 /17/EC and Directive 2004 /18/EC, OJ L 327, 22.11.2004, p. No. OJ L 257, 01.10.2005 p. 1.

9.

Directive 2005 /51/EC amending Annex XX to Directive 2004 /17/EC and Annex VIII to Directive 2004 /18/EC, OJ L 106, 17.4.2004, p. No. OJ L 257, 01.10.2005 p. 127.

10.

Directive 2006 /97/EC adapting certain directives in the field of the free movement of goods, to take account of the accession of Bulgaria and Romania, OJ L 327, 22.9. No. OJ L 363, 20.12.2006 p. 107.

11.

Directive 2006 /32/EC on energy end-use efficiency and energy services and repealing Directive 93 /76/EEC, OJ L 206, 22.7.2006, p. No. OJ L 114 of 27.04.2006 p. 64.

12.

Directive 2007 /24/EC repealing Directive 71 /304/EEC on the abolition of restrictions on the freedom to provide services in the field of public works contracts and in the case of public works contracts awarded to contractors via their agencies or branch offices, OJ L 327, 22.4.1997, p. No. OJ L 154, 14.06.2007 p. 22.

13.

Regulation (EC) No 1422/2007 amending Directives 2004 /17/EC and 2004 /18/EC as regards the thresholds for procurement procedures, OJ L 206, 22.7.2007, p. No. OJ L 317, 05.12.2007 p.34.

14.

Decision 2008 /585/EC on the exemption of electricity production in Austria from the application of Directive 2004 /17/EC on the coordination of the procurement procedures of entities operating in the water, energy and transport sectors and in the field of electricity and water supply Postal services, OJ No. OJ L 188 of 16.07.2008 p.

15.

Directive 2009 /33/EC on the promotion of clean and energy-efficient road transport vehicles, OJ L 206, 22.7.2009, p. No. OJ L 120, 15.5.2009, p. 5.

16.

Regulation (EC) No 1370/2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70, OJ L 107, 30.4.2007, p. No. OJ L 315, 03.12.2007 p.1.

140. Annex V with title reads as follows:

" Annex V

List of the central contracting authorities in accordance with the
§ § 12 (1) (1) and (2) (2) Z 1, 44 (2)

1.

Federal Chancellery

2.

Federal Ministry for European and International Affairs

3.

Federal Ministry of Labour, Social Affairs and Consumer Protection

4.

Federal Ministry of Finance

5.

Federal Ministry of Health

6.

Federal Ministry of the Interior

7.

Federal Ministry of Justice

8.

Federal Ministry of Defense *) and Sport

9.

Federal Ministry of Agriculture, Forestry, Environment and Water Management

10.

Federal Ministry of Education, Arts and Culture

11.

Federal Ministry of Transport, Innovation and Technology

12.

Federal Ministry for Economic Affairs, Family and Youth

13.

Federal Ministry of Science and Research

14.

Austrian Research and Testing Center Arsenal Gesellschaft m. b. H.

15.

Federal Procurement. m. b. H.

16.

Bundesrechenzentrum Ges. m. b. H

*) See the list of goods in Annex VI . "

141. Annex XV lit. A Z 3 is:

" 3.

An indication of the need for an administrative decision concerning the admissibility of the exercise of an activity in Austria as well as the obligation pursuant to Article 20 (1) of this Regulation. "

142. Annex XIX and heading is:

" Annex XIX

Data for the calculation of certain external costs of road vehicles incurred over the lifetime of the vehicle

Table 1: Energy content of fuels

Fuel

Energy content

Diesel fuel

36 MJ/litre

Petrol

32 MJ/litre

Natural gas

33-38 MJ/Nm3

LPG

24 MJ/litre

Ethanol

21 MJ/litre

Biodiesel

33 MJ/litre

Emulsion fuel

32 MJ/litre

Hydrogen

11 MJ/Nm3

Table 2: Emissions costs in road transport (2007 prices)

CO 2

NO X

Non-methane hydrocarbons

Particles

EUR 0,03-0, 04 EUR/kg

0,0044 EUR/g

0.001 EUR/g

0.087 EUR/g

Table 3: Total mileage of road vehicles

Vehicle Class

(categories M and N in accordance with Directive 2007 /46/EC or Force driving law 1967 (KFG 1967), BGBl No. 267)

Total mileage

Passenger cars (M1)

200 000 km

Light commercial vehicles (N1)

250 000 km

Heavy duty vehicles (N2, N3)

1 000 000 km

Buses (M2, M3)

800 000 km "

Fischer

Faymann