Amendment Of The Federal Procurement Act 2006 - Bvergg 2006

Original Language Title: Änderung des Bundesvergabegesetzes 2006 – BVergG 2006

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86. Federal law with the Federal Procurement Act 2006 - 2006 modifying the BVergG

The National Council has decided:

The Federal law on the award of contracts (Federal Procurement Act 2006 - BVergG 2006), Federal Law Gazette I no. 17, is amended as follows:

1. in the table of contents, the heading to § 72 is "Proof of professional reliability" and the heading to § 73 "assessment of professional reliability"; the heading to section 264 is "Receipt, custody and opening of tenders"; in the heading to the 4th part, the words "before the Federal Procurement Office" be added after the word "Redress"; the heading "1 main piece of Federal Procurement Office" in the 4th part is omitted; in the section headings of the 4th part is the word "Section" replaced word "Showpiece"; in the lower section headings of the 4th part, the word is each "Subsection" replaced by the word "Section"; the heading to § 314 is "Charges and witness fees"; the heading to § 333 is "Procedural rules"; in the heading to annex V is the quote "§ 44 par. 2 No. 1" replaced by the quote "section 44 para 2"; Heading to annex VIII is "Information that must be included in the upper sill in notices in accordance with the articles 46, 53, 54, 61, 136 and 158 para 3".

2. § eliminates 1 para 3.

3. paragraph 2 Z 14:



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

4. in section 2 Z 36, article 68, paragraph 1 will be no. 1 and no. 4 Z 1 and Z (4) and article 229, paragraph 1 the phrase "Partnerships of under commercial law, registered partnerships" respectively, replaced by the phrase "registered partnerships".

5. in article 10 Z 17 introductory sentence the term "Entrepreneur" replaces the expression "Concessionaire".

6 § 12 para 1 subpara 1 is:



"1. for the supply and service contracts, which are awarded by contracting authorities referred to in annex V, amounts to at least EUR 137 000; for supply contracts which are awarded in the field of the Ministry of national defense, this applies only to orders relating to goods listed in annex VI;"

7. in article 12, paragraph 1 subpara 2 and para. 2 Z 2 the amount of "EUR 236 000" is replaced by the amount "EUR 211 000"; in §§ 12 par. 1 Z 3, 53 para 4 No. 3, 180 para 1 subpara of 2 and 214 para 2 is no. 3 the amount "5 923 000 EUR" respectively by the amount "EUR 5 278 000" replaced; in § 12 para 2, the amount "EUR 154 000" Z 1 is replaced by the amount "EUR 137 000"; in article 180, paragraph 1, the amount "EUR 473 000" is replaced by the amount "EUR 422 000" Z 1 and 2.

8 paragraph 4 deleted § 13; the previous paragraph 5 receives the label (4).

9. in article 15, paragraph 1, the introductory phrase is:



"For supply contracts is estimated to be on order value as:"

10. in article 15, paragraph 2, the introductory phrase is:



"For regularly recurring supply contracts is estimated to be as on order value either"

11. in article 16, paragraph 3, the introductory phrase is:



"Recurring service contracts is estimated to be as on order value either"

12. in article 19, par. 5, second sentence is inserted after the phrase "ecological aspects" of the parenthetical expression (such as energy end-use efficiency).

13 § 20 para 1 last sentence reads:



"You have proof to teach that they have tabled an amendment in accordance with the legal regulations stated in the offer period before expiry."

14 § 22 the following paragraph 3 is added:



"(3) the choice between awarding a single contract or several separate contracts may not be with the objective of, to circumvent the application of Federal Act."

15 § 29 par. 2 No. 6 is:



"6 to the delivery of goods is, which are listed on stock exchanges and purchased, or" 16 article 38 par. 2 No. 4 is:



"(4. INDEM Rahmen eines durchgeführten Vergabeverfahrens a) (no or no in the meaning of this Federal Act suitable offer or b) (none, or none in the meaning of this Federal Act filed appropriate competitive work or solution or c) no application has been made and the original terms of the contract are not substantially altered."

17 paragraph 41 paragraph 1:



"Part, the articles 3, paragraph 1, 4 to 6, 9, 10, 13 to 16, 19 para 1, 25 apply (1) for the award of contracts by contracting authorities in the way of direct award only the 1st para 10, 42 78 and 132 § 3, paragraph 2, of 4 to 6 part as well as the provisions of paragraph 2 to 4."

18. in article 42, paragraph 1, the phrase "a negotiation procedure," is omitted.

19 § 44 para 2 is replaced following para. 2 and 3:



' (2) the statistical statements referred to in paragraph 1 have at least the following information shall contain: '



1. the number and value of awarded contracts in the upper threshold area broken down according to the areas of goods, after the construction work or the services according to the relevant codes of the CPV nomenclature, 2. number and value of procurement procedures that were carried out without prior notice, and 3. the number and the total value of those orders in the upper sill on due to derogations to the agreement on government procurement , OJ No. L 336 of 23 December 1994, S 273, were awarded.

(3) if the Commission sets in the procedures that the statistical statements further, relevant information, where appropriate, the lower threshold area have to contain the Federal Government has more rules about this, according to the provisions of the Commission required further information to adopt by regulation."

20. in paragraph 49, first sentence and article 210, first sentence, eliminates both the word "immediately"; in § 50, first sentence, and article 211 first movement accounts for each the words "without delay and immediately".

21 § 52 para 1 second sentence reads:



"This regulation also further provisions with regard to the procedures to be observed in the course of the submission and the publication of notices and services to be provided may be taken."

22. in article 54, paragraph 1, the term "Competition" is replaced by the term "Idea competition".

23 paragraph 55:





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

(2) notices have, depending on the value and the object of the procurement procedure, to ensure an appropriate level of public. The Federal Chancellor and the State Governments can set if it to guarantee of a sufficient economic competition is needed, for the scope of enforcement - where appropriate, differentiated according to the amount of the estimated value of the order and to the type of the order - with regulation, in which publication media contracting authorities subject to this part of this federal law have to publish notices in the threshold area anyway. Further provisions regarding the procedures to be observed in the course of the submission and the publication of notices and deliverables can be taken in this regulation. Further provisions concerning the submission of notices to the publication medium can be taken in this regulation.

(3) in the case of a notice by posting on the official notice board or electronically, the availability of the content must be guaranteed at least until the end of the application or offer period.

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

24 paragraph 70 paragraph 5:



"(5) in the case of tenders by a consortium or a consortium, each Member has to prove the powers for the performance part specifically incurred to him."

25. the sections 72 and 73 together with headings are:



"Proof of professional reliability



Section 72 (1) as proof of the professional conduct in accordance with article 70, paragraph 1 Z 2 the principal of entrepreneurs demonstrating to demand that is not a cause of exclusion in accordance with article 68, paragraph 1. The customer shall receive information from the Central Administration criminal evidence of the Federal Minister of finance in accordance with section from candidates coming for the procurement procedures in considering, tenderers and their subcontractors 28B of the aliens Employment Act (aliens), Federal Law Gazette pick, no. 218/1975, whether a legal punishment in accordance with article 28, paragraph 1 Z 1 aliens is this. This information should not be older than six months.

(2) evidence may be for exclusion



1. in accordance with article 68, paragraph 1 Z 1 to 4 by presenting an excerpt of a in annex VII-led professional or trade registers, criminal records or an equivalent certificate of a judicial or administrative authority of the country of origin of the contractor, indicating that this exclusion does not exist, and 2.

in accordance with article 68, paragraph 1 Z 6 template of the final statement of the competent social security institution or the ultimate residue certificate referred to in Article 229a of the federal tax code (BAO), Federal Law Gazette No. 194/1961, or equivalent documents of the competent authorities of the country of origin of the entrepreneur are provided.

(3) be in paragraph 2 mentioned certificates, residual certificates, statements or documents in the country of origin of the entrepreneur not issued or is not all in article 68, paragraph 1 Z 1 to 4 and 6 cases provided mentioned, may require the contracting authority a certificate via an affidavit or an equivalent, a for competent judicial or administrative authority, before a notary or a qualified professional body of the country of origin of the entrepreneur Declaration of operator , that no exclusion in accordance with article 68, paragraph 1 Nos. 1 to 4 and 6 reason.

(4) the authorities and bodies which issue certificates in accordance with par. 2 and 3, are the Federal Minister for Foreign Affairs for transmission to the Commission and the Contracting Parties of the EEA agreement to announce the Federal Minister for Economic Affairs and labour. The Federal Ministry of Economics and labour has the Chancellor about the content of this letter to inform.

Assessment of professional reliability



Section 73 (1) the contracting authority is assessing the reliability of the entrepreneur especially those pursuant to § 72 para 2 relevant supporting documents and the pursuant to article 72, paragraph 1, second sentence, collected information based to lay. Results from these certificates, that is a final judgment within the meaning of section 68, paragraph 1 Z 1 or 4 or the customer on the basis of these certificates demonstrably establishes Z 5 within the meaning of section 68, paragraph 1 a misconduct or the customer otherwise of such a judgment, such misconduct demonstrably become aware, so the required reliability is not given to this company , unless he makes it credible, that despite this circumstance he is reliable.

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



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

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

26. in section 75 para. 5 accounts for the Nos. 7 and 8, the previous Z 9 receives the name of the number "7."; in section 75 para 6, the previous No. 7 does not apply, the previous Z 8 receives the name of the number "7.".

27 paragraph 88:





The call for tenders and any additional documents are all entrepreneurs that have the customer compared to expressed interest in a specific open procedures and requested the tender documents in good time before the end of the offer period to submit section 88 (1) the open procedure.

(2) in the case of the restricted procedure and in the negotiated procedures are to submit the tender documents with the invitation to tender.

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

(4) if the documents not be electronically available, is in open procedures each candidate, in restricted procedures and negotiated procedures, the possibility to give each candidate required to submit a proposal under the same conditions, to inspect all documents required for the preparation of offers, to make copies and, as far as it is intended or used to purchase them.

(5) the names and the number of candidates who inspect or acquire such documents are to keep secret."

28. in section 100 is the following new third sentence to insert after the second sentence:



"This information can be done through establishing a margin, the largest bandwidth must be reasonable,".

29 § 118 paragraph 1 first sentence reads:



"In open and restricted procedures are the deals at the fixed place and at the appointed time, and, except in exceptional cases to open immediately after the end of the offer period."

30 § 118 para 3 second sentence reads:



"To end got a offers are of the offer period as belated and, except for reaches up to mark this is to determine the identity of the tenderer for the communication in accordance with article 129, paragraph 3 required not to open."

31 § 121 paragraph 1 first sentence reads:



"In open and restricted procedures are the deals at the fixed place and at the appointed time, and, except in exceptional cases to open immediately after the end of the offer period."

32. Article 129 paragraph 1 Z 11 is:



"11 offers from bidders, where no decision on the issue of recognition or the statement of equivalence in accordance with the § § 373 c, 373d and 373e GewO 1994, or no confirmation in accordance with the EEA architects Ordinance or the EEA engineer Consul ducks regulation exists the contracting authority at the time of the contract award decision and the sequence of the grace period set pursuant to article 112, paragraph 3, or that no evidence have taught them before have tabled an amendment in accordance with article 20, paragraph 1 to the offer period."

33. paragraph 131 No. 7:



' 7. where a procedure for the award of a contract with prior notice, only an offer is received or after the final departure of offers was left with only an offer, or "34. The following new third sentence is inserted in article 140, paragraph 2:



"After the deadline in a restricted procedure or a negotiated procedure the contracting authority may by a notice of the revocation decision pursuant to the first sentence and demonstrably inform the contractors remaining in the proceedings the revocation decision."

35. § 140 para 6 to 8 is replaced following paragraph 6 to 10:



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

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

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

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

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

36. paragraph 141 subsection 1:



"Of part 1 with the exception of article 2 (1) shall apply not priority service contracts by contracting authorities only the provisions of this section, Z 16, § 3 para 1, 6, 9, 10, 12 para 1 and 3, 13, 16, 20 para 2, 3 and 5, 21, 44, 49, 98, 132 para 3 and 140 paragraph 10, as well as the 4th-6th part of this Federal Act."

37. in article 141, paragraph 2, the term is replaced "only" by the term "in particular".

38. paragraph 142 para 3:




"The part 1 with the exception of article 2 apply (3) for the award of works contracts to third parties by construction of concessionaires who are not contracting in the sense of § 3 para 1, only the provisions of this section, Z 16, § 3 para 4, 4, 9 para 2, 10.12 to 14, 19 para 1, 20 para 2, 3 and 5, 23, 49, 55, 132 para 3 and 140 paragraph 10" ", the 4 to 6 part as well as the rules referred to in this section."

39. paragraph 147 paragraph 8:



"(8) the cancellation of an auction considered revocation within the meaning of § 139. Article 140 shall apply mutatis mutandis with the proviso that"



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

40. paragraph 150:





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



1. the framework agreement after carrying out an open procedure, a restricted procedure with prior publication of notice, or a negotiated procedure in accordance with sections 28 to 30 and 38 paragraph 1 without procurement procedures in accordance with the provisions of § 151 has been completed and 2 at the award of the framework agreement-based public contract § 152 is observed."

41. § 152 paragraph 7 replaces the quote "sections 139 and 140" by the quote "sections 138 to 140".

42. in paragraph 153, the quote "20 para 1 to 3" is replaced by the quote "20 para 1 to 3 and 5".

43. paragraph 155 paragraph 11:



"The paragraphs 138 to 140 shall apply (11) for the revocation of a competition mutatis mutandis with the proviso that § 138 for the phase preceding the contest works and section 139 for the phase will apply after submitting the contest works."

44. paragraph 156:





§ 156. public contracts may be awarded on the basis of a dynamic purchasing system, if



1. the dynamic purchasing system to open proceedings without award in accordance with the provisions of section 157 was established and 2nd in the awarding of the based on a dynamic purchasing system public order section 158 is observed."

45. section 162 para 4 second sentence reads:



"The sections 131 and 132. apply for the supplement"

46. paragraph 162 paragraph 6:



"The paragraphs 138 to 140 shall apply (6) for the revocation of a competitive dialogue mutatis mutandis."

47. paragraph 166 para 2:



"(2) special or exclusive rights referred to in paragraph 1 are rights that have been granted by the competent authority and cause that a sector activities is subject to one or more companies and significantly compromise the ability of other companies to engage in this activity."

48. paragraph 175 Z 14:



"14 for orders that a sector contracting authority for the purpose of resale or lease grants to third parties, provided that no special or exclusive right to sell or for the rental of the subject of the order is available to the sector contracting and that other facilities have the possibility to sell it under the same conditions as the concerned sector client or to rent, and the sector the Commission at their request client shares with all categories of goods and activities ", which considers fall under this exemption," 49. In section 177 of first set and the quote "163 to 166" is substituted with the quote "164 to 166" in section 285.

50 paragraph 4 deleted § 181; the previous paragraph 5 receives the label (4).

51. in article 183, paragraph 1 the introductory phrase is as follows:



"For supply contracts is estimated to be on order value as:"

52. in section 183 subsection 2, the introductory phrase is:



"For regularly recurring supply contracts is estimated to be as on order value either"

53. in article 184, paragraph 3, the introductory phrase is:



"Recurring service contracts is estimated to be as on order value either"

54. Article 188 paragraph 1 last sentence reads:



"You have proof to teach that they have tabled an amendment in accordance with the legal regulations stated in the offer period before expiry."

55. § 190 the following paragraph 3 is added:



"(3) the choice between awarding a single contract or several separate contracts may not be with the objective of, to circumvent the application of Federal Act."

56. in paragraph 195 Z 3 be replaced the words "certain enterprises" by the words "a certain entrepreneur".

57. paragraph 195 Z 8:



"8 the delivery of goods is, which are listed on stock exchanges and purchased, or ' 58. Article 201, paragraph 1 is:



"(1) 192 paragraph 9 apply for the award of contracts by sector contracting in the way of direct award only of part 1, sections 4 to 6, 9, 164 to 166, 175, 181-184, 187 para 1, 235 and 273 par. 3, the 4 to 6 part as well as the provisions of paragraph 2 to 5."

59. paragraph 205:





205. (1) the sector contracting authorities by 31 August each year - unless it is to sector contracting, which fall within the execution scope of a country, to provide statistics on the contracts awarded in the previous year the Federal Ministry of Economics and labour for transmission to the Commission by way of the each country Government of.

(2) the statistical lineups have in a sector activities in accordance with the sections 167, para 3, 168 and 172, as well as with regard to the provision or operation of networks for supplying the public with automatic systems, with tram, bus, trolley buses or cable (cable cars) in accordance with article 169, paragraph 1 at least to contain the number and value of awarded contracts in the upper sill.

(3) orders are not included from the obligation of paragraph 2, the services referred to in



1. category 5 of annex III with the CPC reference numbers of 7524, 7525 and 7526, 2nd category 8 of annex III, as well as 3.

Annex IV



have to be the subject.

(4) if in the procedure, the Commission has taken further provisions on the content of the statistical statements, as well as about the procedures to be observed in the course of delivery, the Federal Government has by regulation detailed provisions about to establish what further information according to the provisions of the Commission to include the statistical statements have and modalities in the course of the delivery are to be observed."

60. section 216 para 1 second sentence reads:



"This regulation also further provisions with regard to the procedures to be observed in the course of the submission and the publication of notices and services to be provided may be taken."

61. in article 217, paragraph 1, the term "Competition" is replaced by the term "Idea competition".

62. section 219 subsection 1 and 2 are:



"(1) notices have at least the information listed in annex XV to include, as long as this information not already been included and made available in electronically immediately accessible tenders.

(2) notices have, depending on the value and the object of the procurement procedure, to ensure an appropriate level of public. The Federal Chancellor and the State Governments can set if it is to ensure of a sufficient economic competition is needed, for the scope of enforcement - where appropriate, differentiated according to the amount of the estimated value of the order and to the type of the order - with regulation, in which publication media sector contracting authorities subject to this part of this federal law have to publish notices in the threshold area anyway. This regulation also further provisions with regard to the procedures to be observed in the course of the submission and the publication of notices and services to be provided may be taken."

63. Article 229 paragraph 2 second sentence reads:



"Sector customer can refrain pursuant to § 164 of an exclusion of operators referred to in paragraph 1, if"



1 on their participation in exceptional cases compelling reasons of general interest not omitted can, only a slight backlog in terms of social security contributions or taxes and charges is 2. in the case of para 1 No. 6, or a contract under the negotiated procedure referred to in article 195 Nos. 10 and 11 to a contractor be awarded 3 should, against which a bankruptcy or insolvency proceedings "that a judicial composition proceedings, a moratorium or a compulsory composition has been initiated or is in liquidation or discontinues its commercial activity, and its capacity to do so is sufficient."

64. paragraph 231 paragraph 5:



"(5) in the case of tenders by a consortium or a consortium, each Member has to prove the powers for the performance part specifically incurred to him."

65. in article 261, paragraph 1, the quote "§ 43 para 1" by the quote "§ 243 para 1" will be replaced.

66. paragraph 264 together with the heading:



"Receipt, custody and opening of tenders




264. (1) has the authority to submit are the offers, enter all listings in a directory.

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

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

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

(5) in procurement procedures by sector contracting is required. no formal opening of tenders"

67. paragraph 268 paragraph 2:



"(2) the sector principal intelligence about the positions of the offer must require and check depth in accordance with paragraph 3, if"



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

68. article 269 ABS. 1 Z 7 is:



"7 offers from bidders, where no decision on the issue of recognition or the statement of equivalence in accordance with the § § 373 c, 373d and 373e GewO 1994 or no confirmation in accordance with the EEA architects Ordinance or the EEA engineer Consul ducks regulation exists in the sector contracting authority at the time of the contract award decision and the sequence of the grace period set pursuant to article 260, para. 3, or that no evidence have taught them before have tabled an amendment in accordance with article 188, paragraph 1 to the offer period."

69. paragraph 272 Z 5:



"5. If a procedure for the award of a contract with a prior call for competition, only an offer is received or after the final departure of offers was left with only an offer."

70. paragraph 276:





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

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

71. paragraph 277 paragraph 2:



"(2) the sector client has all relevant documents concerning the procedure of an electronic public procurement procedure or all relevant documentation about each allocation procedure submitted offers by electronic means at least four years from the termination of the procurement procedure to be kept. This concerns in particular documents about the access documentation according to § 266 Z 3."

72. § 279 paragraph 6 to 8 is replaced in the following para 6 to 10:



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

(7) after expiration of the standstill period has the sector contracting authority to inform the withdrawal in the same way as the revocation decision or, where this is not possible, to make known in the Internet.

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

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

(10) by a contracting authority legally determined that after significant contract deadline, and contrary to the request of the tenderer to continuation of the procedure the sector principal proceeding to award a contract through a notice of withdrawal or procurement procedures has continued the proceedings in an appropriate manner, shall imply as a declaration of withdrawal within the meaning of this Federal Act."

73. § 280 para 1 is as follows:



"Of part 1 with the exception of section 2 applies to (1) not priority service contracts by sector client only the provisions of this section, Z 16, §§ 6, 9, 164-166, 175, 180 paragraphs 1 and 3, 181, 184, 188 paragraph 2, 3 and 5, 189, 205, 210, 247, 273 par. of 3 and 279 paragraph 10, as well as the 4th-6th part of this Federal Act."

74. in § 280 para 2, the term is replaced "only" by the term "in particular".

75. paragraph 282 paragraph 8:



"(8) the cancellation of an auction considered revocation within the meaning of § 278. § 279 shall apply mutatis mutandis with the proviso that"



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

76. in paragraph 285, the quote "188 (1) to 3" "188 para 1 to 3 and 5" is replaced by the quote.

77. § 287 paragraph 11, second sentence, is:



"§ 279 applies for the withdrawal."

78. paragraph 288:





§ 288. contracts may be awarded on the basis of a dynamic purchasing system, if



1. the dynamic purchasing system to open proceedings without award in accordance with the provisions of § 289 was set up and 2 for the award of based on a dynamic purchasing system order section 290 is observed."

79 section 289 paragraph 10, second sentence, is:



"§ 279 applies for the withdrawal."

80. § 290 par. 7, second sentence, is:



"§ 279 applies for the withdrawal."

81. the heading of the 4th part is as follows:



"Part 4

Legal protection against the Federal Procurement Office"

82. the heading "1 main piece of Federal Procurement Office" in the 4th part is omitted; in the section headings of the 4th part is the word "Section" replaced word "Showpiece"; the word "Section" is substituted with the word "Section" in the section subheads of the 4th part.

83rd in the article 292, paragraph 3, the following sentence is inserted after the first sentence:



"This period is extended by the time referred to in section 136a, subsection 2, no. 1 of the official service law (BDG 1979), BGBl. No. 333,."

84. § 306 para 2 second sentence reads:



"The Senate Chairman performs the functions of th of the Senate; He has, in time to submit all relevant decision documents the assessors, to elaborate draft registration, put the motion for a resolution in the Senate, and to work out the decision of the Senate."

85. § 307 paragraph 2 to 5 is replaced following paragraph 2 to 7:



"(2) the General Assembly is the decision-making about



1. the rules of procedure, 2. the allocation of business for each calendar year, 3. adopting the activity report, 4. the dismissal pursuant to article 294 paragraph 3 with regard to the other members, 5 from the addition to the agenda of the General Assembly for reasons of urgency.

(3) resolutions of the General Assembly in accordance with paragraph 2 Z 1 to 4 require the presence of half of the members and a majority of two thirds of the votes. The General Assembly in accordance with paragraph 2 decisions Z 5 by majority vote; vote the vote of the Chairman shall be decisive. Abstention is not permitted.

(4) the meetings of the General Assembly are not public. They are lead by the Chairman. Over the course of the meetings, a decision Protocol is to make.

(5) the Chairman, the Vice-Chairman and the Chairman of the Senate make the staff meeting. It is convened by the Chairman.

(6) the staff meeting is the responsibility



1. the resolution on the impeachment pursuant to article 294 paragraph 3 with regard to the Chairman, Deputy Chairman or a Senate Chairman, 2. the disciplinary duties pursuant to article 297 para 6 Z 2.

(7) resolutions of the officials meeting in accordance with subsection 6 Z 1 require the presence of two-thirds of the members and a majority of four-fifths of the votes cast. The officials meeting in accordance with paragraph 6 decisions No. 2 by a majority vote; vote the vote of the Chairman shall be decisive. Abstention is not permitted. Paragraph 4 shall apply mutatis mutandis."

86. in § 312 paragraph 3 Nos. 2 and 4 Z 2 is the phrase "in compliance with the provisions of this Federal Act or of the regulations, issued" each by the phrase "in compliance with the relevant provisions of" replaced.

87. in section 312, paragraph 3 No. 3 lit. b is inserted after the word "Federal law"the word sequence"of the regulations, issued or of directly applicable Community law".

88. paragraph 314 with heading:



"Charges and witness fees




314. (1) the Federal Procurement Office is entitled to summon such persons (article 19 AVG), which have their residence (seat) outside of the national territory.

(2) § 51a are up 51 c AVG to apply subject to the proviso that the Federal Procurement Office takes the place of the independent administrative Senate."

89. paragraph 318:





318. (1) for applications referred to in §§ 320 para 1, 328 paragraph 1 and article 331, paragraph 1 and 2 has to pay a flat fee the applicant in accordance with the following provisions:



1. the flat-rate fee is to be paid in accordance with the fees set out in annex XIX in application. Bidding and working groups have to pay the flat-rate fee only once. The rates can be graded according to objective characteristics. Objective characteristics particularly the subject of the order, the nature of the procedure, as well as the fact can be used as whether it is a procedure in the upper sill or in emerging areas.

2. the rates laid down in annex XIX, decrease or increase each year to the extent that the resulting from the change of results by the Federal Statistics Austria of suggested consumer price index 2005 or the arising in its place index compared to the June 2007 proclaimed and adopted as a result compared to the last setting index number. The Chancellor has to make known the new fixed rates in the Federal Law Gazette after announcement of index number relevant for June of the current year. The new fixed rates apply from the first month following the announcement. The rates are loosened on all euro or round up.

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

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

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

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

7. If an application prior to announcement which is organised a hearing pursuant to § 323 subsection 5 or, if no hearing is performed, withdrawn before issuing the permit, so only a fee in the amount of 50 per cent of the fee laid down for the respective application. Is a request but withdrawn after announcement of the scheduled of oral proceedings according to § 323 subsection 5 before the hearing, so only a fee in the amount of 80 vH is for the respective application to pay set fee. Already paid additional amounts are back to reimbursed.

(2) for applications referred to in paragraph 1 and the procedure before the Federal Procurement Office no fees apply according to the fees Act."

90. paragraph 319 para 3:



"Has (3) user fees replacing the Federal Procurement Office to decide that point from is that a claim to compensation for fees is at least three weeks off."

91. paragraph 320 paragraph 2:



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

92. in article 320, paragraph 4, the phrase does not apply "-in accordance with § 101 paragraph 2, 104 para 3, 105 para 6, 249 par. 2, 253 para of 3 and 254 para 6-".

93. section 321 para 1 No. 2 is:



"2. in procedures where the supply deadlines in accordance with § 61 and at the same time in accordance with § 62 or pursuant to article 224, paragraph 2 and at the same time in accordance with section 225, cumulative shortened seven days," 94. section 321 para 2 is as follows:



"(2) requests for review of the tender or competitive materials, as well as the solicitation of a participation request are,



1. unless the offer period, the deadline for submission of the competition works, or the deadline is less than 15 days, at least three days before the expiration of the offer period, the deadline for submission of the competition work or the deadline, 2. in all other cases no later than seven days before the expiration of the offer period, the deadline for submission of the competition work or the deadline to introduce. Is the end of the transfer period on a Saturday, Sunday, public holiday or the good Friday, so the previous working day is last day of the period."

95th the following paragraph 3 is added to Section 322:



"(3) the tender documents or the notice contained an incorrect indication of the responsible contracting authority, the application is, even within the time limits referred to in § 321 when he was introduced at the contracting authority specified in the notice or in the tender documents. The tender documents or the notice contain no indication of the responsible contracting authority, the application is positioned, even within the time limits referred to in § 321 when he was introduced at a not obviously incompetent procurement authority."

96. paragraph 331 paragraph 2:



"(2) a bidder who had an interest in the conclusion of a contract within the scope of this federal law and the approach to the customer's damage has arisen or threatens to arise, the finding, can request that the Customer terminates the proceedings through a notice of withdrawal or awarded after significant contract deadline, and contrary to the request of the tenderer to continuation of the procedure has continued the proceedings in an appropriate manner."

97. paragraph 332:





An application under article 331, paragraph 1, 2 or 4 has 332. (1) in any case to contain:



1. the exact name of the procurement process in question, 2. the exact name of the customer, 3. as far as this is reasonable, the designation of any tenderer, 4. the representation of the relevant facts of the case including interest at the conclusion of the contract, 5. details about the alleged threatened or incurred damage for the applicant, 6 certain the name of the law, which considered the subject as the injured , 7. the grounds on which the allegation of illegality based 8 a specific desire and 9 to the information needed to assess whether the application was submitted in a timely manner.

(2) the right Declaration of illegality of the bid, the revocation or the illegal choice of award procedures shall lapse if the request according to article 331, paragraph 1 Z 1-3 or paragraph 4 within six weeks from the time, in which the applicant of the surcharge, the revocation or the illegal choice of award procedures gained knowledge or knowledge would have to obtain , at the latest within a period of six months after the payment granted or revoked the award procedure.

(3) the right to assessment according to article 331, paragraph 1 ceases Z 4 If the application within a period of 30 days from the date of knowledge of the unlawful procurement procedures, or from the date in which we thereof could have informed, at the latest within a period of six months after the contract was awarded.

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

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

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

98. 333 paragraph with heading:



"Procedural provisions




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

(2) on applications for determination in accordance with article 331, paragraph 1 Z 4 and 2 is without delay, at the latest six weeks after receipt of the request to decide."

99. paragraph 341 para 3:



"(3) by way of derogation from paragraph 2 a claim for damages is allowed if the Declaration of withdrawal of a tendering procedure does not violate this Act, the regulations, issued or directly applicable Community law has violated, but culpably caused by the client. A such claim for damages is inadmissible, unless the alleged causation of the Declaration of withdrawal in a breach consists of a review procedure in accordance with §§ 320 ff asserted would have can be."

100th 13 the following paragraph shall beadded the section 345:



"(13) for the entry into force of the Federal Act Federal Law Gazette I no. 86 / 2007 redrafted provisions and for the expiry of the provisions repealed by this federal law, the following applies:"



1 the table of contents, section 2 14 Z and Z 36, § 10 Z 17, § 12 para. 1 and 2, the name of the existing paragraph 5 of § 13 para 4, § 15 para 1 sentence and paragraph 2 introductory phrase, article 16, para. 3 introductory phrase, article 19, par. 5 second sentence, article 20, paragraph 1 § 29 par. 2, last sentence, article 22, para. 3 Z 6, section 38, paragraph 2 Z 4 , § 41 para 1, § 42 para 1, § 44 par. 2 and 3, paragraph 49 first sentence, section 50 first sentence, § 52 para 1 second sentence, article 53, par. 4 Z 3, article 54, paragraph 1, article 55, article 68, paragraph 1 Z 1 Z 4, § 70, para 5, the §§ 72 and 73 including headers, the name of the previous Z 9 of section 75 para 5 as no. 7 , the name of the previous Z 8 of section 75 para 6 as no. 7, § 88, section 100, article 118, paragraph 1, first sentence, and (3) second sentence, article 121, paragraph 1 first sentence, article 129, paragraph 1 Z 11, § 131 Z 7, section 140, paragraph 2 and paragraph 6 to 10, article 141, paragraph 1 and 2, section 142, paragraph 3, article 147, paragraph 8, section 150, § 152 paragraph 7 , Section 153, 155, para 11, § 156, article 162, paragraph 4, second sentence, and paragraph 6, section 166, paragraph 2, § 175 Z 14, § 177 first sentence, article 180, paragraph 1 and 2, the name of the existing paragraph 5 of § 181 paragraph 4, article 183, paragraph 1 chapeau and para 2 introductory phrase, article 184 para 3 introductory phrase, article 188, paragraph 1 last sentence, section 190, para 3, § 195 Nos. 3 and 8 , Article 201, paragraph 1, § 205, § 210 first sentence, § 211 first sentence, article 214, paragraph 2 Z 3, article 216, paragraph 1 second sentence, article 217, paragraph 1, article 219, paragraph 1 and 2, article 229, paragraph 1 Z 1 and Z (4) and paragraph 2 second sentence, section 231, para. 5, § 261 para 1, § 264 including heading, article 268, paragraph 2, article 269, paragraph 1 Z 7, § 272 Z 5 , § 276, § 277, para. 2, § 279 paragraph 6 to 10, § 280 para 1 and 2, section 282 paragraph 8, section 285, § 287, par. 11 second sentence, § 288, 289, para 10 second sentence § 290 par. 7, second sentence, article 341, para. 3, article 349, paragraph 1 Z 6, § 351 Z 4 to 11, annex V, Appendix VII, the title to annex VIII, annex VIII, part A, section notice Z 12 lit. a and VereinfachteBekanntmachung in the framework of a dynamic purchasing system Z 6 and annex XV section B No. 6, section C No. 6 and section F no. 86 / 2007 following the first month with the second of the by-laws of the Federal Act Federal Law Gazette I into force; at the same time § 1 paragraph 3, article 13, paragraph 4, section 75 para. 5 contact Z 7 and section 181 (4) override Z 7 and 8 and paragraph 6. The No. 86 / 2007 already initiated procurement procedures are I at the time of entry into force of the Federal Act Federal Law Gazette according to the previous legal situation to finish.

2. the headings of the 4th part, section 292, subsection 3, § 306 para 2, § 307 para 2 to 7, § 312 para 3 No. 2 and no. 3 lit. (b) and paragraph 4 No. 2, § 314 including heading, § 318, article 319 para. 3, article 320, paragraph 2 and 4, section 321, paragraph 1 Z 2 and par. 2, article 322, para. 3, section 331, para 2, § 332 and § 333 and heading to the second of the by-laws of the Federal Act Federal Law Gazette I no. 86 / 2007 following the first month into force; at the same time section 349 paragraph 3 override. At the time of entry into force of the Federal Act Federal Law Gazette I are no. 86 / 2007 with the Federal procurement office pending to continue by the Federal awarding agency according to the previous legal situation.

3. the regulation of the Federal Chancellor concerning the adaptation which 2006 fixed threshold - threshold value Ordinance 2006, Federal Law Gazette II No. 193, occurs in the Federal Procurement Act at the time referred to in subpara 1 override. "101. section 349 paragraph 1 Z 1 replaces the quote"55 paragraph 1"with the quote"55 para 2"; in article 349, paragraph 1 No. 6 is replaced the quote "205" with the quote "205 paragraph 1".

102. section 3 eliminates section 349.

103. § 351 Z 4 to 8 are replaced by following Z 4-11:



"4. Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services, OJ No. L 134 of 30.4.2004, p. 1, OJ idF adjustments No. L 358 of the 3.12.2004, p. 35, and OJ No. L 305 of 24.11.2005 p. 46.

5. Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, supply contracts and public service contracts, OJ No. L 134 of 30.04.2004, p. 114, idF correcting OJ No. L 351 of the 26.11.2004, p. 44, and Directive 2005/75/EC of the European Parliament and of the Council of 16 November 2005 correcting Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, supply contracts and public service contracts, OJ No. L 323 of 9.12.2005 p. 55.

6 decision 2005/15/EC of 7 January 2005 on the implementing arrangements for the procedures referred to in article 30 of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services, OJ No. L 7 of the 11.1.2005 S. 7.

7 Regulation (EC) No 1564/2005 of the Commission of 7 September 2005 establishing standard forms for the publication of procurement notices in the context of procedures for the award of public contracts referred to in Directive 2004/17/EC and Directive 2004/18/EC of the European Parliament and of the Council, OJ No. L 257 of the 1 October 2005 p. 1.

8. Directive 2005/51/EC of 7 September 2005 amending Annex XX of to Directive 2004/17/EC and annex VIII of to Directive 2004/18/EC of the European Parliament and of the Council on public procurement, OJ No. L 257 of the 1 October 2005 p. 127.

9 Regulation (EC) No. 2083/2005 of the Commission of 19 December 2005 amending directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council with regard to the thresholds for the application procedure for the award of contracts, OJ No. L 333 of 20 December 2005 S 28.

10. Directive 2006/97/EC of 20 November 2006 adapting certain directives in the field of free movement of goods on the occasion of the accession of Bulgaria and Romania, OJ No. L 363 of 20.12.2006 S. 107.

11. Directive 2006/32/EC of the European Parliament and of the Council of April 05, 2006 on energy end-use efficiency and energy services and repealing Directive 93/76/EEC of the Council, OJ "No. L 114 of 27.04.2006 S. 64."

104. Annex V together with the heading is as follows:

Annex V



"List Z 1 and 2 No. of 1, 44 para 2 Central contracting authorities pursuant to the section 12 subsection 1



1. Federal Chancellery 2. Federal Ministry for European and international affairs 3. Federal Ministry of Finance 4. Federal Ministry for health, family and youth 5. Federal Ministry of Home Affairs 6 Federal Ministry of Justice 7 Ministry of national defence *) 8 Federal Ministry for agriculture and forestry, environment and water management 9 Federal Ministry for Social Affairs and consumer protection 10 Federal Ministry for education, arts and culture 11 Federal Ministry for transport, innovation and technology 12 Federal Ministry for Economics and labour 13 Federal Ministry for science and research 14 Bundesamt für Eich - und Vermessungswesen 15.
Austrian research and test centre arsenal Gesellschaft m. b. H.

16 federal transport 17 Federal procurement GES. m. b. H.

18 Federal Computing Centre GES. (m. b. H *) please refer to the list of goods in annex VI. "

105. in annex VII, part A, the following entry is inserted after the entry for Belgium:



106. in annex VII, part A, the following entry is inserted after the entry for Portugal:







"for Romania the"Registrul Comertului";"

107. in annex VII, part B, the following entry is inserted after the entry for Belgium:



108. in annex VII, part B, the following entry is inserted after the entry for Portugal:







"for Romania the"Registrul Comertului";"

109. in annex VII, part C, the following entry is inserted after the entry for Belgium:



110. in annex VII, part C, the following entry is inserted after the entry for Portugal:








"for Romania the"Registrul Comertului";"

111. the heading to annex VIII reads:



"Information that must be included in the upper sill in notices in accordance with the articles 46, 53, 54, 61, 136 and 158 para 3"

112. in annex VIII, part A, section lit notice Z 12. a and annex VIII, part A, section VereinfachteBekanntmachung within the framework of a dynamic purchasing system Z 6 are substituted the words "non-binding offers" "non-binding declarations to the services" with the words.

113. in annex XV section B No. 6 and section C, no. 6 respectively the quote "or the paragraphs 261 and 262" is inserted after the quote "sections 113 to 115"; Annex XV section F to the quote "§§ 70 ff" inserted the quote "or" section 231".

Fischer

Gusenbauer

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