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Amendment Of The Federal Procurement Act 2006 - Bvergg 2006

Original Language Title: Änderung des Bundesvergabegesetzes 2006 – BVergG 2006

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86. Federal Act to amend the Federal Law of the Law 2006-BVergG 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, shall be amended as follows:

1. In the table of contents, the title is to § 72 "proof of professional reliability" and the heading to § 73 "Assessment of professional reliability" ; the heading to § 264 is "receipt, custody and opening of tenders" ; in the heading to the 4. Part will be taken after the word "Legal protection" the words "in front of the Federal Procurement Office" , the heading " 1. Main piece of the Federal Procurement Office " in the 4th Part deleted in the section headings of the 4. Part will be the word "Section" by the word "Main piece" in the subsection headings of the 4. Part will be the word "Subsection" by the word "Section" ; the heading to § 314 reads: "Charges and Testimony Fees" ; the heading to § 333 reads "procedural provisions" ; in the heading to Annex V, the citation shall be: "§ 44 (2) Z 1" by quoting "§ 44 (2)" ; the heading to Annex VIII is replaced by "Information which must be included in the upper threshold range in notices pursuant to § § 46, 53, 54, 61, 136 and 158 (3)" .

2. § 1 (3).

3. § 2 Z 14 reads:

" 14.

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

4. In § 2 Z 36, § 68 (1) Z 1 and Z 4 as well as § 229 (1) Z 1 and Z 4 the phrase shall be "Partnerships of commercial law, registered labour force companies" in each case by the word sequence "registered partnerships" replaced.

5. In § 10 Z 17, the following expression shall be stated: "Entrepreneurs" by the expression "Concessionaire" replaced.

6. § 12 (1) Z 1 reads:

" 1.

in the case of supply and service contracts, Annex V shall be at least EUR 137 000; in the case of supply contracts awarded in the area of the Federal Ministry of Defence, this shall apply only to contracts relating to goods which have been awarded in respect of: Annex VI , "

7. In Section 12 (1) (2) and (2) (2) (2), the amount shall be "EUR 236 000" in each case by the amount "EUR 211 000" ; 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 5 923 000" in each case by the amount "EUR 5 278 000" ; in Section 12 (2) (1), the amount shall be replaced by "154 000 euro" by the amount "EUR 137 000" ; in Section 180 (1) (1) and (2), the amount shall be replaced by "473 000 euro" in each case by the amount "EUR 422 000" replaced.

Section 13 (4) shall be deleted; the previous paragraph 5 shall be replaced by the name "(4)" .

9. In § 15 (1) the entry rate is:

"In the case of supply contracts, the estimated order value shall be as follows:"

10. In § 15 (2), the entry rate shall be:

"Recurring supply orders shall be deemed to be an estimated order value, either"

11. In § 16 (3), the entry rate is:

"In the case of recurring service contracts, the estimated order value shall be either"

12. In § 19, para. 5, second sentence, after the word order "ecological aspects" the parenthesis expression "(such as end-use energy efficiency)" inserted.

13. § 20 (1) last sentence reads:

"They shall have to prove that they have submitted an application in accordance with the said legislation before the end of the offer period."

14. § 22 is added to the following paragraph 3:

"(3) The choice between the award of a single order or the award of a number of separate contracts shall not take place with the aim of circumventing the application of this Federal Law."

15. § 29 (2) Z 6 reads:

" 6.

it is the delivery of goods that are listed on stock exchanges and are bought, or "

16. § 38 (2) (4) is:

" 4.

in the context of an award procedure

a)

No or no offer suitable for the purposes of this Federal Law, or

b)

None or none of the competitive work or solution appropriate for the purposes of this Federal Law shall be submitted or

c)

No application submitted

, and the original conditions for the contract have not been fundamentally changed. "

17. § 41 (1) reads:

" (1) The award of contracts by contracting entities by direct award shall be governed exclusively by the 1. § § 3 (1), 4 to 6, 9, 10, 13 to 16, 19 (1), 25 (10), 42 (2), (78) and 132 (3), the fourth paragraph of Article 4 (3). to 6. Part and the provisions of para. 2 to 4. "

18. In Section 42 (1), the word order shall be deleted "a negotiated procedure," .

Section 44 (2) shall be replaced by the following paragraphs 2 and 3:

The statistical tables referred to in paragraph 1 shall, in any case, contain the following information:

1.

the number and value of contracts awarded in the upper threshold area broken down by category of goods, after the construction work or in accordance with the relevant codes of the CPV nomenclature,

2.

the number and value of the award procedures carried out without prior notice, and

3.

the number and the total value of those contracts in the upper threshold range, which are due to derogations from the public procurement agreement, OJ L 327, 22.7.1999, p. No. OJ No L 336 of 23 December 1994, S 273.

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

20. In § 49, first sentence and § 210, first sentence, the word shall be omitted. "immediate" ; in § 50, first sentence, and § 211, first sentence, the words "immediately and immediately" .

21. § 52 (1) second sentence reads:

"This Regulation may also lay down more detailed provisions concerning the procedures and the services to be provided in the course of the transmission and publication of the notices."

22. In § 54 (1), the term "Competitions" by the term "Ideas Competits" replaced.

23. § 55 reads:

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

(2) Notices shall have an appropriate degree of publicity, depending on the value and subject of the award procedure. The Federal Chancellor and the Governments of the State may, if necessary in order to ensure sufficient economic competition, be eligible for the relevant area of education, where appropriate, differentiated according to the amount of the estimated Order value and, in the manner of the order, determine in which publication media the contracting entities subject to this part of this federal law have in any case published notices in the sub-threshold range. This Regulation may also lay down more detailed provisions concerning the procedures to be followed in the course of the transmission and publication of notices, and the benefits to be provided. This Regulation may also lay down more detailed provisions concerning the transmission of notices to the publication medium.

(3) In the case of a notice by means of a notice on the official board or by electronic means, the availability of the contents must be guaranteed at least until the expiration of the application period or period of application.

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

Section 70 (5) reads as follows:

"(5) In the event of an offer by a consortium or a community of tenderers, each member shall have the power to prove the part of the benefit to which it is concretely."

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

" Proof of professional reliability

§ 72. (1) As proof of professional reliability in accordance with Section 70 (1) (2), the contracting authority shall require the contracting authorities to provide proof that there is no grounds for exclusion in accordance with section 68 (1). In addition, the adjudicating entity shall have information from the candidates, tenderers and their subcontractors who are eligible for the award of the contract, from the central administrative penalty of the Federal Minister of Finance in accordance with Section 28b of the Foreign Employment Act (AuslBG), BGBl. No 218/1975, to request that they are to be attributed a legally binding punishment in accordance with Section 28 (1) (1) (1) (1) of the German AuslBG (German AusleBG). This information may not be older than six months.

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

1.

pursuant to Section 68 (1) (1) to (4), by submitting a trainee from one of the Annex VII the professional or commercial register, the criminal record or an equivalent certificate issued by a judicial or administrative authority in the country of origin of the entrepellent, certifying that the grounds for exclusion are not available, and

2.

pursuant to Section 68 (1) (6), by presenting the final account statement of the competent social security institution or the last valid residue certificate in accordance with § 229a of the Federal Tax Code (BAO), BGBl. No 194/1961, or equivalent documents of the competent authorities of the country of origin of the entrepre

shall be provided.

(3) The certificates referred to in paragraph 2 shall be: Residue certificates , statements of account or documents in the country of origin of the trader are not issued or are not covered by all the cases provided for in Article 68 (1) (1) to (4) and (6), the contracting authority may issue a certificate of affidavit, or a corresponding declaration by the trader, issued before a judicial or administrative authority, before a notary or before a professional organisation qualified for that purpose, of the trader's country of origin, shall require that no such declaration be made The reason for exclusion is in accordance with § 68 (1) Z 1 to 4 and 6.

(4) The authorities and bodies issuing certificates pursuant to para. 2 and 3 shall be forwarded by the Federal Minister for Economic Affairs and Labour to the Federal Minister for Foreign Affairs for forwarding to the Commission and the Contracting Parties to the EEA Agreement to be announced. The Federal Minister of Economics and Labour has the Federal Chancellor to inform the Federal Chancellor of the contents of this letter.

Assessment of professional reliability

§ 73. (1) The adjudicating entity shall base the assessment of the contractor's reliability in particular on the evidence required pursuant to Section 72 (2) and the information obtained pursuant to Section 72 (1) second sentence. If it is clear from these certificates that a final judgment is present within the meaning of section 68 (1) (1) or (4), or if, on the basis of these certificates, the adjudicating entity has proven to be guilty of misconduct within the meaning of section 68 (1) (5) of the German Act on the Law of the Union if the contracting authority has demonstrably knowledge of such a judgment or of such misconduct, the required reliability shall not be given to this contractor unless it is credible that, in spite of this circumstance, he/she shall is reliable.

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

1.

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

2.

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

3.

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

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

26. In § 75 (5), the Z 7 and 8 are eliminated, the previous Z 9 receives the digit designation. "7." ; in Section 75 (6), the previous Z 7 is deleted; the previous Z 8 is replaced by the digit designation "7." .

27. § 88 reads:

" § 88. (1) In the case of open procedures, the tender documents and any additional documents shall be all entrepreneurs who express their interest in a particular open procedure with respect to the contracting entity and which shall, in good time before the end of the offer period, be Tender documents have been requested.

(2) In the case of non-open procedures and the negotiated procedure, the invitation to tender shall be communicated with the invitation to tender.

(3) 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. .

(4) Where the documents are not made available electronically, in open procedures, each applicant, in the case of non-open procedures and negotiated procedures, shall be among the same candidates invited to submit an offer. To enable the necessary documents to be included in all documents required for the preparation of the offers, to make copies and to acquire them in so far as it is intended or customary to obtain them.

(5) The names and the number of candidates who inspect or acquire such documents shall be kept secret. "

28. In § 100, the following new third sentence shall be inserted after the second sentence:

"This claim may also be made by laying down a margin, the maximum breadth of which must be appropriate."

29. § 118 (1) first sentence reads:

"In the case of open and non-open procedures, tenders shall be opened at the place and time fixed, and, except in exceptional cases, immediately after the end of the period of supply."

30. § 118 (3) second sentence reads:

"Offers which have arrived at the end of the offer period shall be marked as late and shall not be opened, except in order to establish the identity of the offeror for the understanding pursuant to section 129 (3)."

31. § 121 (1) first sentence reads:

"In the case of open and non-open procedures, tenders shall be opened at the place and time fixed, and, except in exceptional cases, immediately after the end of the period of supply."

32. § 129 (1) Z 11 reads:

" 11.

Offers from tenderers where the adjudicating entity is at the time of the award decision, or the expiry of the grace period laid down in section 112 (3) no notification of the granting of the recognition or the statement of compliance in accordance with § § 373c, 373d and 373e GewO 1994 or no confirmation pursuant to the EEA-Architects ' Regulation or the EEA-Engineering Consultation Ordinance or have not provided proof that they have been submitted before the expiry of the Have submitted an application in accordance with Section 20 (1). "

33. § 131 Z 7 reads:

" 7.

in the case of a procedure for the award of a contract with prior notice, only one offer has arrived or only one offer after the final withdrawal of offers has been left, or "

34. The following new third sentence shall be inserted in Section 140 (2):

" At the end of the period of participation in a non-open procedure or a negotiated procedure, the contracting authority may disregard the withdrawal decision in accordance with the first sentence and the decision to withdraw from the decision in accordance with the procedure laid down in the procedure. the remaining entrepreneurs are demonstrably communicated. "

35. § 140 (6) to (8) shall be replaced by the following paragraphs 6 to 10:

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

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

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

(9) By declaring the revocation, contracting authorities and tenderers will again win their freedom of action. Offers which have already been received shall be returned upon request. The date of the declaration of the revocation shall be shown to be documented.

(10) Where a contracting authority has the final judgment that, after a significant overrun of the time limit for the award of the contract and contrary to the tenderer's request, a procedure for the award of a contract shall be established for the purpose of continuing the procedure of the contracting authorities not terminated by either a declaration of revocation or an award of an award, nor has the proceedings continued in an appropriate manner, this shall be deemed to be a declaration of revocation within the meaning of this Federal Law. "

36. § 141 (1) reads:

" (1) For the award of non-priority service contracts by contracting entities, only the provisions of this section shall apply, the 1. Part with the exception of § 2 Z 16, § § 3 (1), 6, 9, 10, 12 (1) and (3), 13, 16, 20 (2), (3) and (5), 21, 44, 49, 98, 132 (3) and 140 (10) and (4) (4). to 6. Part of this federal law. "

37. In § 141 (2), the term "only" by the term "in particular" replaced.

38. § 142 (3) reads:

" (3) For the award of works contracts to third parties by building concessionaires who are themselves non-contracting entities within the meaning of Section 3 (1), the provisions of this section shall apply exclusively to the provisions of this section, the first of which is 1. Part with the exception of § 2 Z 16, § § 3 para. 4, 4, 9 para. 2, 10, 12 to 14, 19 (1), 20 (2), (3) and (5), 23, 49, 55, 132 (3) and (140) (10), the fourth paragraph of Article 140 (4). to 6. Part as well as the rules referred to in this section. "

39. § 147 (8) reads:

" (8) The cancellation of an auction shall be deemed to be a revocation within the meaning of § 139. § 140 shall apply mutatily with the proviso that:

1.

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

2.

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

40. § 150 reads:

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

1.

the Framework Agreement after the implementation of an open procedure, a non-open procedure with prior notice or a negotiated procedure in accordance with Articles 28 to 30 and 38 (1) without the award of a contract, with due regard for the Provisions of § 151 have been completed and

2.

shall be respected in the award of the public contract relating to the framework agreement (Article 152). "

41. In § 152 (7) the quote is § § 139 and 140 " by quoting "§ § 138 to 140" replaced.

42. In § 153, the quote "20 para. 1 to 3" by quoting "20 (1) to (3) and (5)" replaced.

43. § 155 (11) reads:

"(11) For the revocation of a competition, § § 138 to 140 shall apply mutatily with the proviso that § 138 shall apply to the phase before the submission of the competitive work and § 139 for the phase after submission of the competitive work."

44. § 156 reads:

" § 156. Public procurement contracts may be awarded on the basis of a dynamic purchasing system, provided that:

1.

the dynamic purchasing system has been set up after an open procedure has been carried out without the award of a contract, having regard to the provisions of Section 157; and

2.

for the award of the public contract, which is based on the dynamic purchasing system, § 158. "

§ 162 (4) second sentence reads:

"For the contract, § § 131 and 132 shall apply."

Section 162 (6) reads as follows:

"(6) § § § 138 to 140 shall apply mutagenly for the revocation of a competitive dialogue."

Section 166 (2) reads as follows:

" (2) Special or exclusive rights as referred to in paragraph 1 are rights granted by the competent authority and result in the exercise of a sector activity being reserved for one or more undertakings and the possibility of: other undertakings to carry out this activity will be significantly affected. "

48. § 175 Z 14 reads:

" 14.

for contracts awarded to a sector contractor for the purpose of resale or rental to third parties, provided that the sector contractor does not have a special or exclusive right to sell or to hire the Whereas other bodies may have the option of selling or renting it under the same conditions as the sector provider concerned, and the Commission ' s sector contracting authority shall, at the request of the sector, all the categories of goods and activities which he considers to be included in the Derogation shall be granted, "

49. In § 177 first sentence and in § 285 the quote is "163 to 166" through the citation "164 to 166" replaced.

Article 181 (4) shall be deleted; the previous paragraph 5 shall be replaced by the title: "(4)" .

51. In § 183 (1) the entry rate is:

"In the case of supply contracts, the estimated order value shall be as follows:"

52. In § 183 (2), the entry rate is:

"Recurring supply orders shall be deemed to be an estimated order value, either"

53. In § 184 (3), the introduction sentence is:

"In the case of recurring service contracts, the estimated order value shall be either"

54. § 188 (1) last sentence reads:

"They shall have to prove that they have submitted an application in accordance with the said legislation before the end of the offer period."

§ 190, the following paragraph 3 is added:

"(3) The choice between the award of a single order or the award of a number of separate contracts shall not take place with the aim of circumventing the application of this Federal Law."

56. In § 195 Z 3, the words "certain enterprises" by the words "a certain entreprenter" replaced.

57. § 195 Z 8 reads:

" 8.

it is the delivery of goods that are listed on stock exchanges and are bought, or "

Section 201 (1) reads as follows:

' (1) The award of contracts by sector-contracting authorities by means of direct award contracts shall apply exclusively to the 1. Part, Sections 4 to 6, 9, 164 to 166, 175, 181 to 184, 187 (1), 192 (9), 235 and 273 (3), of the 4. to 6. Part and the provisions of paragraphs 2 to 5. "

§ 205 reads:

" § 205. (1) The sector donors shall have until 31 August each year-provided that they are sector-insurers which fall within the full-education sector of a country, by the respective State Government-the Federal Minister for Economic Affairs and Labour to forward statistical orders to the Commission on the contracts awarded in the previous year.

(2) The statistical statements have in the field of a sector activity in accordance with sections 167 (3), 168 and 172 as well as in the area of the provision or operating of networks for the supply of the general public with automatic systems, with the In any case, the number and the value of the contracts awarded in the upper threshold range shall be included in the tram, by bus, by bus, with overhead buses or by cable (cable cars) in accordance with § 169 (1).

(3) Contracts not covered by the obligation under paragraph 2 are not covered by the obligation to provide services in accordance with

1.

of category 5 of Anhanges III with the CPC reference numbers 7524, 7525 and 7526,

2.

of category 8 of Anhanges III and

3.

Annex IV

to the subject.

(4) In so far as the Commission has adopted detailed provisions on the content of the statistical statements and on the modalities to be observed in the course of the transmission, the Federal Government has provided more detailed information on the content of the statistical statements and on the procedures to be followed during the transmission (b) to lay down provisions concerning the further information to be provided on the basis of the statistical statements made in accordance with the provisions of the Commission and the procedures to be followed in the course of the transmission of the information. '

The second sentence of Article 216 (1) reads as follows:

"This Regulation may also lay down more detailed provisions concerning the procedures and the services to be provided in the course of the transmission and publication of the notices."

61. In § 217 (1), the term "Competitions" by the term "Ideas Competits" replaced.

(62) § 219 (1) and (2) are:

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

(2) Notices shall have an appropriate degree of publicity, depending on the value and subject of the award procedure. The Federal Chancellor and the Governments of the State may, if necessary in order to ensure sufficient economic competition, be eligible for the relevant area of education, where appropriate, differentiated according to the amount of the estimated Order value and, in the manner of the order, determine in which publication media the sector contracting authorities subject to this part of this Federal Act have to publish notices in the sub-threshold range at any rate. This Regulation may also lay down more detailed provisions concerning the procedures to be followed in the course of the transmission and publication of notices and the benefits to be provided. "

63. § 229 (2) second sentence reads:

" Sector contracting authority in accordance with § 164 may remove from the exclusion of entrepreneurs pursuant to paragraph 1 if:

1.

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

2.

in the case of paragraph 1 (1) (6), there is only a slight backlog in respect of social security contributions or taxes and duties; or

3.

an assignment in the negotiated procedure pursuant to § 195 Z 10 and 11 shall be awarded to an entreptieur against which a bankrupting or bankrupting procedure or insolvency proceedings, a judicial countervailing procedure, a settlement procedure or a coercive settlement, or which is in liquidation or cees its commercial activity, and its performance is sufficient to do so. "

Section 231 (5) reads as follows:

"(5) In the event of an offer by a consortium or a community of tenderers, each member shall have the power to prove the part of the benefit to which it is concretely."

65. In Section 261 (1), the quote "§ 43 (1)" by quoting "§ 243 (1)" replaced.

66. § 264 together with headline reads:

" Receiving, preserving and opening the offers

§ 264. (1) The body at which tenders are to be submitted shall enter all tenders in a register.

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

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

(4) The sector donor may not be informed of the content of the offers until the period for which the offer has expired.

(5) In the case of procurement procedures of sector contracting entities, no formalised opening of tenders is required. "

Section 268 (2) reads as follows:

" (2) The sector donor shall require clarification of the positions of the offer and shall examine in greater detail, in accordance with paragraph 3, if:

1.

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

2.

there are reasonable doubts as to the appropriateness of prices. "

68. § 269 Abs.1 Z 7 reads:

" 7.

Tenders from tenderers in which the sector contractor is responsible at the time of the award decision, or the expiry of the grace period laid down in section 260 (3) no notification of the granting of the recognition or the statement of compliance in accordance with § § 373c, 373d and 373e GewO 1994 or no confirmation pursuant to the EEA-Architects ' Regulation or the EEA-Engineering Consultation Ordinance or have not provided proof that they have been submitted before the expiry of the Have submitted an application in accordance with Section 188 (1). "

69. § 272 Z 5 reads:

" 5.

in the case of a procedure for the award of a contract with a prior call for competition, only one offer has been received or only one offer has remained after the legally binding termination of tenders. "

Article 276 reads as follows:

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

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

71. § 277 (2) reads:

" (2) The sector contracting authority shall have all relevant documents relating to the conduct of an electronic contract award procedure. to keep all relevant documents relating to each award procedure in which tenders have been submitted by electronic means, at least four years from the end of the procurement procedure. This applies in particular to documents relating to the access documentation pursuant to § 266 Z 3. "

72. § 279 (6) to (8) shall be replaced by the following paragraphs 6 to 10:

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

(7) At the end of the standstill period, the sector donor shall notify the revocation declaration in the same manner as the withdrawal decision or, if this is not possible, to make known on the Internet.

(8) In the sub-threshold range, the sector donor may, in accordance with the provisions of paragraphs 1 to 7, disregard the procedure and declare the revocation immediately and without waiting for a stoppage period. As far as possible, the sector contracting authority shall immediately and demonstrably communicate the entrepreneurs remaining in the contract award procedure or to make the declaration of revocation on the Internet known.

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

(10) Where a contracting authority has the final judgment that, after a significant overrun of the award period and contrary to the request of the tenderer for the continuation of the procedure of the sector contracting authorities, a procedure for the award of a contract shall be established. If the order has not been terminated either by a declaration of revocation or by the award of the contract, nor has the proceedings continued in an appropriate manner, this shall be deemed to be an explanation of the withdrawal within the meaning of this Federal Law. "

73. § 280 (1) reads:

For the award of non-priority service contracts by sector contracting authorities, only the provisions of this section shall apply, the 1. Part with the exception of § 2 Z 16, § § 6, 9, 164 to 166, 175, 180 para. 1 and 3, 181, 184, 188 para. 2, 3 and 5, 189, 205, 210, 247 , 273 (3) and 279 para. 10 as well as of the 4. to 6. Part of this federal law. "

74. In Section 280 (2), the term "only" by the term "in particular" replaced.

Section 282 (8) reads as follows:

" (8) The cancellation of an auction shall be deemed to be a revocation within the meaning of section 278. Section 279 shall apply mutatily, with the proviso that:

1.

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

2.

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

76. In § 285, the quote "188 (1) to (3)" by quoting "188 (1) to (3) and (5)" replaced.

77. § 287 para. 11 second sentence reads:

"§ 279 shall apply mutaly to the revocation."

§ 288 reads as follows:

" § 288. Contracts may be awarded on the basis of a dynamic purchasing system, provided that:

1.

the dynamic purchasing system has been set up after an open procedure has been carried out without the award of a contract, having regard to the provisions of Section 289, and

2.

for the award of the contract, which is based on the dynamic purchasing system, § 290. "

79. § 289 (10) second sentence reads:

"§ 279 shall apply mutaly to the revocation."

80. § 290 (7) second sentence reads:

"§ 279 shall apply mutaly to the revocation."

81. The title of the 4. Part is:

" 4. Part

Legal protection in front of the Federal Procurement Office "

82. The heading " 1. Main piece of the Federal Procurement Office " in the 4th Part deleted in the section headings of the 4. Part will be the word "Section" by the word "Main piece" in the subsection headings of the 4. Part will be the word "Subsection" by the word "Section" replaced.

(83) In § 292 (3), the following sentence shall be inserted after the first sentence:

" This period is extended by the provisions of Section 136a (2) (1) of the Civil Service Act (BDG 1979), BGBl. No. 333, said times. "

The second sentence of Article 306 (2) reads as follows:

" The Chairman of the Senate shall carry out the duties of the Senate's report; he shall forward to the advisers all documents relevant to the decision in good time, to prepare the draft resolution, to submit the motion for a decision in the Senate, and to the decision of the senate. "

Article 307 (2) to (5) shall be replaced by the following paragraphs 2 to 7:

" (2) The General Assembly shall be responsible for decision-making on:

1.

the Rules of Procedure

2.

the business distribution for each calendar year,

3.

the adoption of the activity report,

4.

the dismissal of the impeachment pursuant to Section 294 (3) with regard to other members,

5.

the amendment to the agenda of the General Assembly for reasons of urgency.

(3) Decisions of the General Assembly pursuant to paragraph 2 (2) (1) to (4) shall require the presence of half of the members and a majority of two-thirds of the votes cast. Decisions of the General Assembly pursuant to paragraph 2 (2) shall be taken by a majority of votes; in the event of a tie, the Chairman's vote shall indicate the extent of the vote. Abstention is inadmissible.

(4) The meetings of the General Assembly shall not be public. They are to be led by the chairman. A decision-making protocol is to be prepared over the course of the meetings.

(5) The Chairperson, the Vice-Chairman and the Senate Chairmen shall form the Assembly of Merit. It shall be convened by the Chairman.

(6) The Board of Merit shall be responsible for

1.

the decision-making on the dismissal of the impeachment pursuant to Section 294 (3) with regard to the chairman, the vice-chairman or a Senate chairman,

2.

the performance of the disciplinary tasks in accordance with § 297 (6) (2).

(7) Decisions of the Conference of the Services referred to in paragraph 6 (1) (1) shall require the presence of two thirds of the members and a majority of four fifths of the votes cast. Decisions of the members of the staff meeting referred to in paragraph 6 (2) shall be taken by a majority of votes; in the event of a tie, the chairman's vote shall be the result of the vote. Abstention is inadmissible. Paragraph 4 shall apply mutatily. "

86. In § 312 (3) (2) and (4) (2) (2), the word order shall be "in the event of compliance with the provisions of this Federal Act or of the regulations issued for this purpose" in each case by the word sequence "in the event of compliance with the relevant provisions" replaced.

87. In § 312 (3) Z 3 lit. b becomes after the word Federal Law the phrase ", the regulations or the directly applicable Community law." inserted.

88. § 314 with headline reads:

" Charges and Testimony Fees

§ 314. (1) The Federal Procurement Office is entitled to also pre-load such persons (§ 19 AVG), who have their stay (registered office) outside the Federal territory.

(2) § § 51a to 51c of the AVG are to be applied with the proviso that the Federal Procurement Office shall be replaced by the independent administrative council. "

§ 318 reads:

" § 318. (1) For applications in accordance with § § 320 (1), 328 (1) and § 331 (1) and (2), the applicant shall pay a flat fee in accordance with the following provisions:

1.

The flat fee shall be paid in accordance with the rates set out in Annex XIX when the application is lodged. Bidders and working groups have to pay the flat fee only once. The fee rates may be graded according to objective characteristics. Objective characteristics may be, in particular, the subject matter of the contract, the nature of the procedure carried out and the fact that it is a contract award procedure in the upper threshold range or in the sub-threshold range.

2.

The rates fixed in Annex XIX reduce or increase annually to the extent of the change in the 2005 consumer price index, which is published by the Federal Statistical Office, or the index which is to be replaced by the index of consumer prices. in the case of the index number which was adopted in June 2007 and subsequently compared with that of the last setting. The Federal Chancellor, following the publication of the index number which is relevant for June of the current year, has to make known the newly established fee rates in the Federal Law Gazprom. The newly established fee rates shall apply from the month's end of the customer's order. The fee rates are to be rounded off or round up to the whole euro.

3.

The flat-rate fees are to be paid by cash payment, by deposit with a debit card, by debit card or by credit card. The permissible end-of-tions, which extend beyond the cash payment and deposit with the seizure slip, must be determined by the Federal Procurement Office in accordance with the existing technical and organisational requirements and shall be made known accordingly.

4.

For applications pursuant to § 328 paragraph 1, a fee of 50 vH of the fixed fee is to be paid.

5.

If an applicant has already submitted an application pursuant to § 320 (1) or § 331 (1) or (2) to the same award procedure, a fee shall be paid by the applicant for any further application pursuant to § 320 (1) or § 331 (1) or (2) of this application. in the amount of 80 vH of the fixed fee.

6.

Where the application relates only to the award of a lot, the estimated value of which is not achieved by the relevant threshold in accordance with Articles 12 and 180, only the flat-rate fee for the procurement procedure corresponding to the lot shall be: Under-threshold area to be paid.

7.

If an application is withdrawn prior to the presentation of an oral proceedings pursuant to section 323 (5) or, if oral proceedings are not carried out, before the date of release of the hearing, then only a fee of 50 vH shall be charged to the to be paid in respect of the respective application. However, if an application for the presentation of an oral proceedings pursuant to section 323 (5) is withdrawn before the oral proceedings are carried out, only a fee of 80 vH for the respective application shall be withdrawn. , to be paid. Additional amounts already paid shall be refunded.

(2) No fees shall be charged under the Fees Act for applications in accordance with paragraph 1 above and the proceedings before the Federal Procurement Office. "

Article 319 (3) reads as follows:

"(3) The Federal Procurement Office shall decide on the fee revenue at the latest three weeks from that date on which it is established that there is a right to charge the fee."

Section 320 (2) reads as follows:

" (2) Is the agreement between the access to the agreement on the departure and the announcement of the award decision; or the decision of revocation shall be shorter than the time limit laid down in § 321, a tenderer shall be entitled to leave the decision together with the award decision or the revocation decision in a request within the time limit for the dispute the award decision or the time-limit for revocation. "

92. In § 320 (4), the word order is deleted "-having regard to Sections 101 (2), 104 (3), 105 (6), 249 (2), 253 (3) and 254 (6)-" .

§ 321 (1) Z 2 reads as follows:

" 2.

in the case of procedures in which the offer periods have been shortened in accordance with § 61 and simultaneously in accordance with § 62 or § 224 para. 2 and simultaneously in accordance with § 225 cumulatively, seven days, "

Section 321 (2) reads as follows:

" (2) applications for review of the tendering or competition documents and the invitation to submit a request for participation are:

1.

if the offer period, the time limit for presenting the competitive work or the time limit for participation is less than 15 days, no later than three days before the end of the offer period, the deadline for submission of the competitive work or the time limit for participation,

2.

in all other cases no later than seven days before the end of the offer period, the time limit for submission of the competitive work or the time limit for participation

. If the end of the period of introduction falls on a Saturday, Sunday, public holiday or Good Friday, the last working day shall be the last day of the period. "

(95) The following paragraph 3 is added to § 322:

' (3) If the tender documents or the notice of publication contain incorrect information on the competent contracting authority, the application shall also be made within the time limits specified in section 321 if it is in the case of the competent contracting authority responsible for the award of the contract. The tender documents or the contracting authority indicated in the notice. If the tender documents or the notice do not contain an indication of the competent contracting authority, the application shall also be made within the time limits laid down in § 321 if it is not clearly uncompetent The contracting authority has been brought in. "

(96) § 331 (2) reads:

" (2) A bidder who had an interest in the conclusion of a contract subject to the scope of this Federal Act and which has caused or threatens to be damaged by the proceeding of the contracting authority may determine the determination of the contract. request that the contracting authority, after having exceeded the time limit for the award of the contract and contrary to the tenderer's request for the continuation of the proceedings, shall not end a procedure either by a declaration of revocation or by the award of a contract or by the procedure has continued in an appropriate manner. "

§ 332 reads as follows:

" § 332. (1) A request pursuant to § 331 (1), (2) or (4) shall be included in any case:

1.

the exact name of the award procedure in question;

2.

the exact name of the contracting authority,

3.

in so far as this is reasonable, the exact designation of the successful tenderer,

4.

the presentation of the relevant facts, including the interest in the conclusion of the contract,

5.

information on the alleged imminent or occurring damage to the applicant;

6.

the specific name of the law in which the applicant considers himself to be infringed;

7.

the grounds on which the allegation of illegality is based,

8.

a certain desire and

9.

the information required to assess whether the application has been submitted in good time.

(2) The right to establish the unlawfulness of the award, the revocation or the unlawful choice of the award procedure shall be issued if the application pursuant to § 331 (1) (1) to (3) or (4) does not take place within six weeks from the date of the application. where the applicant is responsible for the award, the revocation or the have become aware of the unlawful choice of the award procedure or have been able to obtain knowledge, but at the latest within a period of six months after the award has been granted or the award procedure has been revoked.

(3) The right to a determination pursuant to § 331 (1) (4) shall be issued if the application does not take place within a period of 30 days from the date of knowledge of the unlawful award of the award, or from the date on which the information is noted. may have been granted, but at the latest within a period of six months after the award has been granted.

(4) If the tender documents or the notice of publication contain incorrect information on the competent contracting authority, the application shall also be made within the time limits set out in paragraphs 2 and 3 where it is submitted to the competent contracting authority in the case of the competent contracting authority. The tender documents or the contracting authority indicated in the notice. If the tender documents or the contract notice do not contain an indication of the competent contracting authority, the application shall also be made within the time limits set out in paragraphs 2 and 3 if it does not appear to be clear: uncompetent procurement authority.

(5) A request for a determination pursuant to § 331 (1) shall be inadmissible, provided that the alleged infringement could have been asserted in the course of a review procedure in accordance with § § 320 ff.

(6) A request for a determination pursuant to Section 331 (1) or (2) shall also be inadmissible if, despite the request to improve the application, the application has not been duly paid. "

Section 333 reads as follows:

" Procedural Provisions

§ 333. (1) Parties to a procedure pursuant to Article 312 (3) and (4) shall be the applicant, the adjudicating entity, and an all-time successful tenderer. Parties to a setting-up procedure pursuant to Article 312 (5) shall be the applicant, the adjudicating entity and all the bidders remaining in the contract award procedure.

(2) On requests for determination pursuant to Section 331 (1) (4) and (2), it shall be decided immediately, no later than six weeks after the application has been submitted. "

99. § 341 (3) reads:

" (3) By way of derogation from paragraph 2, a claim for damages shall be admissible if the declaration of the withdrawal of an award procedure does not infringe this federal law, the regulations issued for this purpose or the directly applicable Community law but it has been culpably caused by the client. Such a claim for damages is inadmissible, provided that the alleged causation of the declaration of the revocation exists in a violation which could have been claimed in the context of a review procedure in accordance with § § 320 ff. "

100. The following paragraph 13 is added to Section 345:

" (13) For the entry into force of the by the Federal Law BGBl. I No 86/2007, and for the expiry of the provisions repealed by this Federal Act, the following provisions shall apply:

1.

The contents list, § 2 Z 14 and Z 36, § 10 Z 17, § 12 para. 1 and 2, the designation of the previous paragraph 5 of § 13 as para. 4, § 15 para. 1 introductory sentence and para. 2 introductory sentence, § 16 para. 3 introductory sentence, § 19 para. 5 second sentence, § 20 para. 1 last sentence, § 22 (3), § 29 (2) Z 6, § 38 sec. 2 Z 4, § 41 para. 1, § 42 para. 1, § 44 para. 2 and 3, § 49 first sentence, § 50 first sentence, § 52 para. 1 second sentence, § 53 para. 4 Z 3, § 54 para. 1, § 55, § 68 para. 1 Z 1 and Z 4, § 70 para. 5, § § 72 and 73 together with transcripts, the name of the previous Z 9 of section 75 (5) as Z 7, the designation of the previous Z 8 of § 75 (6) as Z 7, § 88, § 100, § 118 (1) first sentence and paragraph 3, second sentence, § 121 (1), first sentence, § 129 (1) Z 11, § 131 Z 7, § 140 (2) and (6) to 10, § 141 (1) and (2), § 142 (3), § 147 (8), § 150, § 152 (7), § 153, § 155 (11), § 156, § 162 (4), second sentence, and Paragraph 6, § 166 (2), § 175 Z 14, § 177 first sentence, § 180 para. 1 and 2, the designation of the previous paragraph 5 of § 181 as paragraph 4, § 183 para. 1 introductory sentence and para. 2 introductory sentence, § 184 para. 3 introductory sentence, § 188 para. 1 last sentence, § 190 Paragraph 3, § 195 Z 3 and 8, § 201 para. 1, § 205, § 210 first sentence, § 211 first sentence, § 214 para. 2 Z 3, § 216 para. 1 second sentence, § 217 para. 1, § 219 para. 1 and 2, § 229 para. 1 and Z 4, as well as the second sentence of paragraph 2, section 231 (5), § 261 (1), § 264, including the title, § 268 (2), § 269 (1) Z 7, § 272 Z 5, § 276, § 277 para. 2, § 279 (6) to 10, § 280 (1) and (2), § 282 (8), § 285, § 287 (11), second sentence, § 288, Section 289 (10), second sentence, § 290 (7), second sentence, § 341 (3), § 349 (1) Z 6, § 351 Z 4 to 11, Annex V , Annex VII , the heading to Annex VIII , Annex VIII Part A Section Notice Z 12 lit. a and section Simplified Announcement in the context of a dynamic procurement system Z 6 as well as Annex XV Section B Z 6, Section C Z 6 and Section F occur with the second presentation of the Federal Law BGBl. I n ° 86/2007 the following month's serenas in force; at the same time, § 1 para. 3, § 13 para. 4, § 75 para. 5 Z 7 and 8 as well as para. 6 Z 7 as well as § 181 para. 4 are repeal. The one at the time of the entry into force of the Federal Law BGBl. No 86/2007 award procedures have already been initiated in accordance with the current legal situation.

2.

The transcripts of the 4. Part, § 292 (3), § 306 (2), § 307 (2) to (7), § 312 (3) (3) (2) and (Z) 3 (lit). b and section 4 Z 2, § 314 including the title, § 318, § 319 (3), § 320 (2) and (4), § 321 (1) (2) and (2), § 322 (3), § 331 (2), (332) and § 333, together with the title of the German Federal Law BGBl (Federal Law). I n ° 86/2007, the following month's serge; at the same time, § 349 (3) repeals. At the time of the entry into force of the Federal Law BGBl. 86/2007 by the Federal Procurement Office (Bundesvergabeamt) are to be continued by the Federal Procurement Office in accordance with the current legal situation.

3.

The Federal Chancellor's Regulation on the adjustment of the thresholds laid down in the Bundesvergabegesetz 2006-Threshold Value Regulation 2006, BGBl. II No 193, shall not enter into force with the date referred to in Z 1. "

101. In § 349 paragraph 1 Z 1 the quote is "55 (1)" by quoting "55 (2)" replaced; in § 349 (1) (6) the citation shall be replaced by "205" by quoting "205 (1)" replaced.

102. Section 349 (3).

103. § 351 Z 4 to 8 are replaced by the following Z 4 to 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 sectors, OJ L 327, 31.12.2004, p. No. 1., IDF of corrigenda OJ L 134, 30.4.2004, p. No. OJ L 358, 3.12.2004, p. No. OJ L 305, 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, 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 to 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, public supply contracts and service contracts, OJ No. OJ L 323, 9.12.2005 p.55.

6.

Commission Decision 2005 /15/EC of 7 January 2005 laying down detailed rules for the implementation of the procedure referred to in Article 30 of Directive 2004 /17/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of the award of the award by contracting entities in the water, energy, transport and postal services sectors, OJ L 124, 20.4.2002, p. No. OJ L 7, 11.1.2005, p. 7.

7.

Commission Regulation (EC) No 1564/2005 of 7 September 2005 laying down standard forms for the publication of public procurement notices in accordance with Directive 2004 /17/EC and the public procurement procedures laid down in Directive 2004 /17/EC Directive 2004 /18/EC of the European Parliament and of the Council, No. OJ L 257, 01.10.2005 p. 1.

8.

Commission Directive 2005 /51/EC of 7 September 2005 amending Annex XX to Directive 2004 /17/EC and Annex VIII to Directive 2004 /18/EC of the European Parliament and of the Council on public procurement contracts, OJ L 106, 17.4.2005, p. No. OJ L 257, 01.10.2005 p. 127.

9.

Commission Regulation (EC) No 2083/2005 of 19 December 2005 amending Directives 2004 /17/EC and 2004 /18/EC of the European Parliament and of the Council as regards the thresholds for application to the procurement procedures, OJ L 327, 30.12.2005, p. No. OJ L 333 of 20 December 2005 S 28.

10.

Council Directive 2006 /97/EC of 20 November 2006 adapting certain directives in the field of free movement of goods to take account of the accession of Bulgaria and Romania, OJ L 376, 27.12.2006, p. No. OJ L 363, 20.12.2006 p. 107.

11.

Directive 2006 /32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services and repealing Council Directive 93 /76/EEC, OJ L 136, 30.4.2006, p. No. OJ L 114 of 27.04.2006 p. 64.

104. 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 Finance

4.

Federal Ministry of Health, Family and Youth

5.

Federal Ministry of the Interior

6.

Federal Ministry of Justice

7.

Federal Ministry of Defense *)

8.

Federal Ministry of Agriculture, Forestry, Environment and Water Management

9.

Federal Ministry of Social Affairs and Consumer Protection

10.

Federal Ministry of Education, Arts and Culture

11.

Federal Ministry of Transport, Innovation and Technology

12.

Federal Ministry of Economics and Labour

13.

Federal Ministry of Science and Research

14.

Federal Office of Eich-und Vermessungswesen

15.

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

16.

Bundesanstalt für Verkehr

17.

Federal Procurement. m. b. H.

18.

Bundesrechenzentrum Ges. m. b. H

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

105. In Annex VII, Part A, the following entry shall be inserted after the entry for Belgium:

106. In Part A of Annex VII, the following entry shall be inserted after the entry for Portugal:

-

"for Romania the" Registrul Comertului ";"

107. In Annex VII, Part B, the following entry shall be inserted after the entry for Belgium:

108. In Part B of Annex VII, the following entry shall be inserted after the entry for Portugal:

-

"for Romania the" Registrul Comertului ";"

109. In Part C of Annex VII, the following entry shall be inserted after the entry for Belgium:

110. In Part C of Annex VII, the following entry shall be inserted after the entry for Portugal:

-

"for Romania the" Registrul Comertului ";"

111. The heading to Annex VIII is:

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

112. In Annex VIII, Part A, Section Notice Z 12 lit. a and Annex VIII, Part A, Simplified Section Announcement in the context of a dynamic procurement system Z 6 the words "non-binding offers" in each case by the words "non-binding declarations on the provision of services" replaced.

113. In Annex XV, Section B, Z 6 and Section C Z 6, the following shall be referred to: "§ § 113 to 115" the citation " or § § 261 and 262 " ; in Annex XV, Section F, shall be inserted after the "§ § 70 et seq." the citation " or Section 231 " inserted.

Fischer

Gusenbauer