Federal Procurement Act 2006 - Bvergg 2006

Original Language Title: Bundesvergabegesetz 2006 - BVergG 2006

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17 federal law on the award of contracts (Federal Procurement Act 2006 - BVergG 2006)

The National Council has decided:

Table of contents



1 part subject and definitions







§ 1.





Subject







§ 2.





Definitions







2. part of procurement procedures for public sector clients







1. main piece scope, principles







1 article personal scope







§ 3.





Contracting authorities and other contracting authorities committed to the application of provisions of this Federal Act







2. section order types







§ 4.





Construction jobs







§ 5.





Public supply contracts







§ 6.





Service contracts







§ 7.





Building concession contracts







§ 8.





Service concession contracts







§ 9.





Accrual schemes







3. exceptions from the scope of section







§ 10.





Procurement procedures are excluded from the scope of the Act







§ 11.





Service concession contracts







4 section thresholds, calculation of the estimated value of performance







§ 12.





Threshold values







§ 13.





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







§ 14.





Calculating the estimated contract value for construction jobs and construction concession contracts







§ 15.





Calculation of the estimated contract value for supply contracts







§ 16.





Calculating the estimated contract value for service contracts







§ 17.





Calculation of the estimated contract value of framework agreements and dynamic purchasing systems







§ 18.





Change the threshold or Los values







5. section principles of the procurement procedure and general provisions







§ 19.





Principles of the procurement procedure







§ 20.





General provisions on candidates and tenderers







§ 21.





Reserved orders for sheltered workshops or integrative enterprises







section 22.





General provisions relating to the allocation of benefits and services







section 23.





Confidentiality of documents relating to public procurement proceedings, exploitation rights







§ 24.





General provisions concerning the price







2. main piece types and choice of award procedures







1. section types of award procedures







§ 25.





Types of procedures for the award of contracts







section 26.





Types of competition







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







§ 27.





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







section 28.





Choice of the negotiated procedure for works contracts







section 29.





Choice of the negotiated procedure for supply contracts







section 30.





Choice of the negotiated procedure for service contracts







§ 31.





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







§ 32.





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







§ 33.





Set up a dynamic purchasing system and awarding contracts on the basis of a dynamic purchasing system







§ 34.





Choice of competitive dialogue







section 35.





Choice of the competition







section 36.





Hold down the reasons for the choice of certain procurement procedures







3. section only in the threshold area approved procurement procedures







section 37.





Choice of the restricted procedure without prior publication of notice







section 38.





Additional possibilities of choice of the negotiated procedure







§ 39.





The additional choice of the competition







section 40.





An additional feature of the award of contracts on the basis of a framework agreement







section 41.





Direct award







§ 42.





Hold down the reasons for the choice of certain procurement procedures







3. main piece provisions for carrying out procurement procedures







1 cut off means of the transmission of information







§ 43.





Transmission of documents or information between clients and contractors







2. cut off transmission of documents to the European Commission







§ 44.





Statistical obligations of the customer







§ 45.





Submission of other documents







3. cut off notices







1 subsection General provisions notices







§ 46.





Subcontract services







§ 47.





Correction of notices







section 48.





Publication of a Beschafferprofils







paragraph 49.





Voluntary notices at Community level







2. subsection special notice provisions for the upper threshold area







§ 50.





Notices at Community level







§ 51.





Use of the CPV in announcements







§ 52.





Notices in Austria and in other media







section 53.





Publication of a prior information notice







§ 54.





Announcement of awarded contracts, competition results and framework agreements







3. subsection special notice provisions for the lower threshold area







Article 55.





Notices in Austria and in other media







4. section deadlines







1 subsection General provisions governing periods







Article 56.





Calculation of time limits







§ 57.





Principles for the design and extension of deadlines







section 58.





Transmission and information deadlines







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







section 59.





Participation deadlines







section 60.





Offer deadlines







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







section 61.





Offer deadlines for the accelerated after prior information notice







§ 62.





Shorter supply and participation in periods when using electronic media







section 63.





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







4. subsection regular minimum time limits for procurement procedures in the threshold area







section 64.





Participation deadlines







section 65.





Offer deadlines







5. subsection shortened deadlines for contracting procedures, lower threshold area







§ 66.





Shortened supply periods when using electronic media







section 67.





Shorter terms and offer deadlines







5. section fitness entrepreneur







1 entrepreneurs to exclude from participation in the procurement procedure subsection







section 68.





Grounds for exclusion







2. subsection eligibility requirements and evidence of suitability







section 69.





Time of the existence of the suitability







Article 70.





Request of the documents by the customer







§ 71.





Proof of the power of







section 72.





Proof of the General professional reliability







Article 73.





Assessment of special professional reliability







section 74.





Proof of the financial and economic capacity







§ 75.





Proof of the technical performance of







section 76.





Proof of performance by other entrepreneurs and in bidding and working groups







§ 77.





Quality assurance standards and standards for environmental management








3. subsection special provisions for the lower threshold area







§ 78.





Possibility of seeing the proof of the authority, reliability, and performance







6. cut off the tender







1 section General provisions







section 79.





Principles of the tender







section 80.





Content of the tender documents







Article 81.





Alternative offers







Article 82.





Amendment offers







section 83.





Subcontractor services







§ 84.





Compliance with labour and social legislation







§ 85.





Ways and means of ensuring







§ 86.





Bail







section 87.





Barrier-free building







§ 88.





Delivery of the tender documents and providing other documents







§ 89.





Cost of tender documents







Article 90.





Amending the tender







2. subsection special alert provisions concerning electronically submitted deals







section 91.





Requirements for the submission of electronic tenders







section 92.





Communication channels







Article 93.





Document formats







§ 94.





Encryption







3. subsection the performance description







section 95.





Types of performance description







§ 96.





Principles of the specifications







Article 97.





Performance listing







Article 98.





Technical specifications







4. subsection provisions on the performance contract







section 99.





Provisions of the Treaty







5. subsection special provisions for the lower threshold area







section 100.





Choice of the principle of contract







7 section trace of individual procurement procedures







§ 101.





The open procedure







§ 102.





Participants in the restricted procedure without prior publication of notice and the negotiated procedure without prior publication of notice







§ 103.





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







section 104.





The restricted procedure







§ 105.





The negotiation process







8. cut off the offer







1 subsection general rules for offers







Section 106.





General terms and conditions







§ 107.





Form of tenders







section 108.





Content of bids







section 109.





Special provisions concerning the content of the offers in functional specifications







section 110.





Submission of offers in the form of paper







section 111.





Remuneration for the preparation of the offers







§ 112.





Surcharge period







2. Special provisions for electronically transmitted services subsection







§ 113.





General provisions for electronically transmitted services







§ 114.





Form encryption and secure signing of the offer







section 115.





Safe chain offer components







section 116.





Authority to issue regulations







9 section the percentage method.







1 subsection reception and opening of bids in paper form







§ 117.





Receipt and custody of bids







§ 118.





Opening of tenders







2. subsection reception and opening of electronically transmitted services







§ 119.





Receipt of tenders







section 120.





Storage of the offers







§ 121.





Opening electronically submitted tenders







3. subsection examination of tenders and termination of services







Article 122.





General terms and conditions







section 123.





Procedure for the examination







section 124.





Dubious pricing







section 125.





Verifying that the prices - advanced range testing







§ 126.





Approach to the defectiveness of the offers







section 127.





Educational talks and discussions







section 128.





Minutes of the exam







§ 129.





Withdrawal of offer







4 under section of the supplement







§ 130.





Choice of the offer for the contract







§ 131.





Notification of the contract award decision







§ 132.





Standstill period, cancellation of the contract award, assertion of invalidity







section 133.





Effectiveness of the bid







section 134.





Form of the conclusion of the contract







10 section termination of the procurement procedure







§ 135.





Basic







section 136.





Documentation requirements







section 137.





Archiving in procurement procedures conducted by electronic means







section 138.





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







section 139.





Reasons for the revocation of a procurement procedure after expiry of the offer period







section 140.





Announcing the revocation decision, standstill, ineffectiveness of withdrawal







4. main piece provisions for special orders and special procedures







1 section not priority service contracts







section 141.





Not priority service contracts







2. section award of concession contracts of construction of and







Awarding works contracts to third parties by building concessions







§ 142.





General information







section 143.





Deadlines







section 144.





Order disclosure to third parties







section 145.





Special provisions for the procedures for the award of contracts by construction concessionaires which are not contracting authorities







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







section 146.





Basic







§ 147.





General provisions relating to the implementation of electronic auctions







§ 148.





Special provisions for the implementation of simple electronic auctions







section 149.





Special provisions for the implementation of other electronic auctions







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







of jobs on the basis of framework agreements







section 150.





General information







§ 151.





Framework agreements







§ 152.





Award of public contracts on the basis of framework agreements







5 section provisions relating to competitions







section 153.





General information







§ 154.





Participation in the competition







§ 155.





Carrying out of competitions







6 section provisions relating to the setting up and operation of one and the award of contracts







on the basis of a dynamic purchasing system







§ 156.





General information







section 157.





Setting up and operating a dynamic purchasing system







§ 158.





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







7 cut off provisions governing the competitive dialogue







section 159.





General information







section 160.





Participants in the competitive dialogue







section 161.





Dialog phase







§ 162.





Invitation to tender and award of the contract







3 section procurement procedures for sector clients







1. main piece scope, principles







1 article personal scope







§ 163.






Sector client







§ 164.





Contracting Authority as a sector clients







§ 165.





Public companies as a sector clients







§ 166.





Private sector clients







2. section sector activities







section 167.





Gas, heat and electricity







section 168.





Water







§ 169.





Transport services







§ 170.





Postal services







section 171.





Searching for and extracting oil, gas, coal and other solid fuels







section 172.





Ports and airports







§ 173.





Jobs that involve multiple activities







3. section order types







section 174.





Order types







4. section exceptions and exemptions from the scope







paragraph 175.





Procurement procedures are excluded from the scope of the Act







§ 176.





Orders to affiliated companies







section 177.





Construction and service concession contracts







Section 178.





Exempted sector contracting entities in the field of searching up and extracting oil or gas







§ 179.





Exemption from the scope of application







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







section 180.





Threshold values







section 181.





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







section 182.





Calculation of the estimated contract value for works contracts







§ 183.





Calculation of the estimated contract value for supply contracts







§ 184.





Calculating the estimated contract value for service contracts







§ 185.





Calculation of the estimated contract value of framework agreements and dynamic purchasing systems







§ 186.





Change the threshold or Los values







6 section principles of the procurement procedure and general provisions







section 187.





Principles of the procurement procedure







§ 188.





General provisions on candidates and tenderers







section 189.





Reserved orders for sheltered workshops or integrative enterprises







section 190.





General provisions relating to the allocation of benefits and services







§ 191.





Confidentiality of documents relating to public procurement proceedings, exploitation rights







2. main piece types and choice of award procedures







1. section types of award procedures







§ 192.





Types of procedures for the award of contracts







section 193.





Types of competition







2. section choice of procurement procedures in the area of upper threshold







§ 194.





Election of open procedure, the restricted procedure after prior call for competition, and the negotiated procedure after prior call for competition







section 195.





Choice of the negotiated procedure without prior call for competition section 196.





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







section 197.





Framework agreements







section 198.





Set up a dynamic purchasing system and awarding contracts on the basis of a dynamic purchasing system







§ 199.





Choice of the competition







3. section choice of award procedures in the threshold area







§ 200.





Choice of procedures for the award of contracts







§ 201.





Direct award







§ 202.





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







§ 203.





Choice of the competition







3. main piece provisions for carrying out procurement procedures







1 cut off means of the transmission of information







section 204.





Transmission of documents or information between sector contractors and entrepreneurs







2. cut off transmission of documents to the European Commission







section 205.





Statistical obligations of the sector contracting







§ 206.





Submission of other documents







3. cut off notices







1 subsection General provisions notices







Section 207.





Call for competition







section 208.





Correction of notices







§ 209.





Publication of a Beschafferprofils







section 210.





Voluntary notices at Community level







2. subsection special notice provisions for the upper threshold area







section 211.





Notices at Community level







section 212.





Use of the CPV in announcements







section 213.





Types of the call for competition







section 214.





Periodic indicative notice







section 215.





Notice of the existence of an inspection system







section 216.





Notices in Austria and in other media







§ 217.





Announcement of awarded contracts, competition results and framework agreements







3. subsection special notice provisions for the lower threshold area







§ 218.





Types of the call for competition







section 219.





Notices in Austria and in other media







section 220.





Notice of the existence of an inspection system







4. section deadlines







1 subsection General provisions governing periods







section 221.





Calculation of time limits







section 222.





Principles for the design and extension of deadlines







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







§ 223.





Transmission and information deadlines







section 224.





Offer period open







section 225.





Shortened offer deadlines for the open when using electronic media







section 226.





Periods in the restricted procedure and in the negotiated procedures after prior call for competition







3. subsection deadlines for contracting procedures, lower threshold area







§ 227.





Special rules on time limits in the threshold area







5. section fitness entrepreneur







1 subsection General provisions relating to the suitability and their testing







section 228.





General terms and conditions







Section 229.





Grounds for exclusion







§ 230.





Time of the existence of the suitability







§ 231.





Request certificates by the principal of the sector







section 232.





Test system







section 233.





Proof of the suitability of other entrepreneurs and in bidding and working groups







Article 234.





Quality assurance standards and standards for environmental management







2. subsection special provisions for the lower threshold area







section 235.





Possibility of seeing the proof of the authority, reliability, and performance







6. cut off the tender







1 subsection general rules for procurement procedures in the area of upper threshold







section 236.





Principles of the tender







§ 237.





Content of the tender documents







Section 238.





Alternative offers







Section 239.





Amendment offers







§ 240.





Subcontractor services







section 241.





Compliance with labour and social legislation







section 242.





Amending the tender







2. subsection special alert provisions concerning electronically submitted offers in the upper sill







§ 243.






Requirements for the submission of electronic tenders







section 244.





Establishment of communication channels, data formats, and encryption







3. subsection the specifications in procurement procedures in the area of upper threshold







section 245.





Types of performance description







section 246.





Principles of the specifications







section 247.





Technical specifications







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







§ 248.





Tender regulations for the lower threshold area







7 section trace of individual procurement procedures







section 249.





The open procedure







section 250.





Participants in the restricted procedure without prior call for competition and in the negotiated procedures without prior call for competition







§ 251.





Inter food confirmation in the case of a call for competition by a periodic indicative notice







section 252.





Participants in the restricted procedure after prior call for competition and in the negotiated procedures after prior call for competition







Article 253.





The restricted procedure







§ 254.





The negotiation process







8. cut off the offer







1 subsection general rules for offers in procurement procedures in the area of upper threshold







Section 255.





General terms and conditions







section 256.





Form of tenders







section 257.





Content of bids







§ 258.





Special provisions concerning the content of the offers in functional specifications







section 259.





Submission of offers in the form of paper







section 260.





Surcharge period







2. subsection special provisions for electronically submitted offers in procurement procedures in the area of upper threshold







§ 261.





General provisions for electronically transmitted services







§ 262.





Form encryption and secure signing of the offer, offer components safe chain







3. subsection provisions for the lower threshold area







§ 263.





Regulations for deals in process in the emerging area







9 section the percentage method.







1 subsection opening and examination of bids, withdrawal of bids







section 264.





Opening of tenders







section 265.





Accepting electronically submitted deals







§ 266.





Storage of electronically submitted deals







§ 267.





Examination of tenders







section 268.





Verifying that the prices - advanced range testing







section 269.





Withdrawal of offer







section 270.





Withdrawal of services from third countries







2. subsection the surcharge







§ 271.





Choice of the offer for the contract







§ 272.





Notification of the contract award decision







section 273.





Standstill period, cancellation of the contract award, assertion of invalidity







§ 274.





Effectiveness of the bid







section 275.





Form of the contract electronically







10 section termination of the procurement procedure







section 276.





Basic







section 277.





Documentation requirements for procurement procedures in the area of upper threshold







§ 278.





Reasons for the revocation of a procurement procedure







section 279.





Announcing the revocation decision, standstill, ineffectiveness of withdrawal







4. main piece provisions for special orders and special procedures







1 section not priority service contracts







section 280.





Not priority service contracts







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







section 281.





Basic







§ 282.





General provisions relating to the implementation of electronic auctions







§ 283.





Special provisions for the implementation of simple electronic auctions







section 284.





Special provisions for the implementation of other electronic auctions







3. cut off provisions concerning competitions







section 285.





General information







§ 286.





Participation in the competition







section 287.





Carrying out of competitions







4. provisions relating to the setting up and operation of section one and the award of contracts on the basis of a dynamic purchasing system







§ 288.





General information







§ 289.





Setting up and operating a dynamic purchasing system







section 290.





Award of contracts on the basis of a dynamic purchasing system







4. part legal protection







1. main piece of Federal Procurement Office







1. section establishment and internal organization







1 subsection establishment and legal status of the members







§ 291.





Establishment of the Federal Procurement Office







§ 292.





Appointment of members







§ 293.





Incompatibility







§ 294.





Termination of membership







§ 295.





Legal status of the members







paragraph 296.





Conflict of interest; Rejection by members







2. subsection service and salary regulations; Cost dentures







section 297.





General information







§ 298.





Attendant service







section 299.





Performance assessment







§ 300.





Grade







§ 301.





Expenses of other members







3. subsection internal organization of the Federal Procurement Office







section 302.





Line







Section 303.





Formation and composition of the Senate







section 304.





Business assignment, prevention







section 305.





Decision-making and guidance of the Senate







section 306.





Duties of the Chairman of the Senate







section 307.





General Assembly; Staff meeting







§ 308.





Rules of procedure and allocation of business







section 309.





Business line







§ 310.





Body of evidence







section 311.





Activity report







2. section jurisdiction and procedure







1 section General provisions







Section 312.





Jurisdiction







section 313.





Information disclosure







Section 314.





Loads







§ 315.





Deliveries







Section 316.





Oral proceedings before the Federal Procurement Office







§ 317.





Carrying out the negotiation and adoption of the decision







Section 318.





Fees







section 319.





Fees replacement







2. subsection review procedures







section 320.





Initiation of the procedure







section 321.





Deadlines for applications for review







Section 322.





Content and admissibility of review







Section 323.





Notice of initiation and a hearing







section 324.





Parties to the investigation proceedings







section 325.





Annulment of decisions of the contracting authority







Section 326.





Decision deadline







Section 327.





Courage will penalties







3. subsection injunctions







section 328.





Submission of the







Section 329.





Issuing the injunction







section 330.





Procedural provisions







4. subsection approval procedure







section 331.






Initiation of the procedure







§ 332.





Content and admissibility of statement







§ 333.





Parties to the proceedings







§ 334.





Detection of infringements







5. non control and civil provisions part







1. main piece non control







§ 335.





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







section 336.





Certification procedures







§ 337.





Non conciliation







2. main piece of civil law provisions







section 338.





Claims for damages







§ 339.





The customer's right of withdrawal







section 340.





Relationship to other laws







§ 341.





Jurisdiction and procedure







section 342.





Effect of a repealed decision on the contract







§ 343.





Provisions on arbitration







6. part criminal, final and transitional provisions







§ 344.





Penal provisions







§ 345.





Entry into force-, except force- and transitional provisions







§ 346.





Enactment and regulations in force







section 347.





Applicability of the provisions of this Federal Act







§ 348.





Agreement on government procurement







section 349.





Enforcement







§ 350.





References, personal names







Section 351.





Referring to acts of the European Community











Annex I:









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



Annex II:









Construction orders pursuant to section 3 para 2



Annex III:









Priority services



Annex IV:









Non-priority services



Annex V:









List the Central contracting authorities pursuant to the section 12 para 1 Nos. 1 and 2 Z 1, 44 para 2 subpara 1



Annex VI:









Directory in § 12 para 1 subpara 1 mentioned goods in the area of defence



Annex VII:









List no. of 1 and 72 para 2 subpara 1 of relevant professional and trade registers or certificates and affidavits in accordance with §§ 71 paragraph 1



Annex VIII:









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



Annex IX:









In the call for competition in accordance with article 213, paragraph 1 Z 1 and to be inserted in the notice in accordance with § 290 par. 3 information



Annex X:









In the announcement of details of growing up the existence of an inspection system in accordance with section 215



Annex XI:









In growing up the periodic indicative notice pursuant to § 214 information notice on a buyer profile, which does not serve as a call to the competition



Annex XII:









In the notice of contract award and information to be completed agreements pursuant to § 217



Annex XIII:









In the notice of competition in accordance with article 207, paragraph 1 Z 2 to be on information



Annex XIV:









Information to be the announcement of the results of competitions



Annex XV:









Pattern for the publication of procurement procedures in the threshold area



Annex XVI:









Characteristics for the publication



Annex XVII:









Requirements for the equipment for the reception of electronically transmitted data records in connection with a tendering procedure



Annex XVIII:









List of Community legislation referred to in section 179, paragraph 2 No. 1



Annex XIX:









Fees for the use of the Federal Procurement Office



1 part

Subject and definitions

Subject



§ 1 (1) this federal law regulates in particular



1. the procedures for the procurement of services (procurement) in the public sector, that the award of public works, supply and service contracts, as well as the allocation of construction and service concession contracts by contracting authorities are conducting competitions by contracting authority, awarding works contracts to third parties by construction concessionaires which are not contracting authorities and the allocation of certain works and service contracts awarded by contracting authorities do not, , but of these subsidized are (2nd part), 2. the procedures for the procurement of services (procurement) in the sector, which are the procurement of supplies, construction and service contracts by sector contracting, procurement of construction and services concession contracts by sector clients as well as the carrying out of competitions through sector client (part 3), 3. the protection of rights in connection with procurement procedures within the meaning of the Nos. 1 and 2, which fall within the execution scope of the Federal (part 4) , as well as 4 the procedure in connection with the out-of-State control of procurement procedures and certain civil law consequences (part 5).

(2) one of the activities for which the procurement of performance is made, the provisions of 3rd part of this Federal Act, the other activity but is subject to the provisions of the 2nd part of this federal law, and it is objectively not possible to determine what activity constitutes the main object of the contract, the award procedure in accordance with the provisions of the 2nd part of this federal law making.

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

Definitions



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



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

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

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

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

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

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

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

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

9.


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

10th call for tenders is the Declaration of the customer, in which he sets what performance they wish to receive to what provisions addressed to a specific or an indeterminate number of entrepreneurs (notice, call for the competition, tendering, competition and auction documents, description of the needs and requirements for the competitive dialogue).

11 building is the result of a whole of civil engineering and construction, which should fulfil an economic or technical function of his being.

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

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

14 Consortium is an Association of several entrepreneurs for the purpose of submitting a joint bid.

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

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

a) following, any outward appearance decisions are separately countervailable: aa) open: the tender; other provisions during the offer period; the withdrawal of an offer; the revocation decision; the contract award decision;

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

CC) in the restricted procedure without prior notice or without prior call for competition: the invitation to tender; other provisions during the offer period; the withdrawal of an offer; the revocation decision; the contract award decision;

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

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

FF) in the open competition: the tender; the revocation decision; the decision on allocation of the prize money or the payment or non-admission to participate in the negotiation process;

Gg) in restricted competition: the tender; No admission to participation; the revocation decision; the decision on allocation of the prize money or the payment or non-admission to participate in the negotiation process;

HH) in the loaded competition: the competition documents. the revocation decision; the decision on allocation of the prize money or the payment or non-admission to participate in the negotiation process;

II) the framework agreement according to § 25 paragraph 7: with regard to the procedure leading to the conclusion of the framework agreement the separately actionable decisions according to sublit. (aa), bb), dd) or ee) with the exception of contract award decision; the decision, with which entrepreneurs or with which entrepreneurs the framework agreement to be completed; on a framework agreement concluded with several entrepreneurs, the renewed call for competition; the withdrawal of an offer; the revocation decision; the contract award decision;

yy) when the framework agreement pursuant to § 192 paragraph 7: with regard to the procedure leading to the conclusion of the framework agreement the separately actionable decisions according to sublit. AA) to ee) or nn) with the exception of contract award decision; Decision with which entrepreneurs or with which entrepreneurs the framework agreement to be completed; the revocation decision; the contract award decision;

KK) in dynamic purchasing systems: with regard to the procedure leading to completion of the dynamic purchasing system, which separately actionable decisions according to sublit. AA) with the exception of contract award decision; No admission to participation; the special invitation to tender; the withdrawal of an offer; the revocation decision; the contract award decision;

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

mm) into the test system: the tender; the rejection of the application for inclusion in the test system; Notification of the intended deprivation of qualification;

nn) in the direct award: the choice of award procedures.

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

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

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

19 common technical specification is a technical specification, has been prepared and published in the official journal of the European communities according to a procedure recognized by the Contracting Parties of the EEA Agreement.

20 criteria:



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

(b) assessment criteria are set by the client in the order of importance, non-discriminatory criteria, according to which, the jury at competitions makes its decisions.

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

d) award criteria or criterion



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

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

22 network termination point is the whole of physical connections and technical specifications, the part of the public telecommunications network and are necessary for access to the network and for efficient communication via this network.

23.


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

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

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

24 public telecommunications services are telecommunications services, the Contracting Parties of the EEA Agreement explicitly in particular to one or more telecommunications organizations have entrusted with their provision.

25 public telecommunications network is the public telecommunications infrastructure, with the signals between defined network termination points by wire, by radio, optical or other electromagnetic means can be transferred.

26 price:



(a) offer price (order total) is the sum of the total price and VAT (civil price).

(b) unit price is the price for the unit of a performance which is ascertainable piece, time, mass, or other units of measure.

(c) fixed price is the price, which remain the same even when the changes the price basis (such as in particular collective agreement wages, material costs, social costs) for the agreed period.

d) total price is the sum of the prices of position (quantity x unit price or lump sum), taking into account any discounts and premiums. The total price is the 'pay' within the meaning of the turnover tax Act 1994 and forms the basis of assessment for value added tax.

(e) price is the price specified for a total performance or part performance in an amount.

(f) directed by price is the price for a unit (E.g., power hour or material unit), which will be billed according to actual expenses.

(g) variable price is the price, which can be changed if amendment agreed principles.

27 price offer procedure is the procedure where tenderers on the basis of the tender documents disclose the prices for services described by the contracting authority in its offerings.

28 aufschlags-of price and discount methods is the procedure where the contracting authority in the tender documents in addition to the services mentioned also prices are announced, which expressed the bidders in their offerings – usually in percent - specify surcharges or discounts.

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

30 safe electronic signature is an electronic signature, the meets the requirements of § 2 No. 3 of the signature law (SigG), Federal Law Gazette I no. 190/1999,.

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

32. seizures:



(a) bail is a backup in the event that the offeror withdraws from his offer during the contract period or the bidder recoverable significant defects despite the request of the customer culpably does not resolve after the expiry of the offer period.

(b) deposit is a guarantee in the event that a Contracting Party is certain, the contract specified, special obligations.

(c) Deckungsrücklass is a guarantee against overpayments (partial invoices or payment plan), which are based on remotely obtained services. In addition, the Deckungsrücklass is a guarantee for the fulfilment of the contract by the contractor, if it is not secured by a deposit.

(d) Haftungsrücklass is a backup in the event that the contractor does not meet the obligations under the warranty or the title of damages included.

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

34. technical specifications:



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

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

35. telecommunications services are service which consists wholly or partly in the transmission and routing of signals on telecommunications networks by telecommunications proceedings, with the exception of broadcasting and television.

36. entrepreneurs are entities such as natural or legal persons, public institutions or groupings of these persons and/or institutions, partnerships of under commercial law, registered partnerships or labour and tenders that offer the execution of works, the supply of goods or the provision of services on the market.

37. non-binding declaration on the services is the non-binding declaration of an entrepreneur, to provide a particular service within the framework of a dynamic purchasing system for a fee.

38. Variant offer is an offer on the basis of a tender version of the client.

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

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

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

42. polling location is the description of a performance which is intended by the contracting authority as part of a variation to the standard design.

43.


Essential requirements are requirements regarding safety, health and other important for the general public aspects, the services must meet.

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

45. notice of withdrawal (withdrawal) is the Declaration of the customer, a procedure without procurement procedures or to stop discovery of or the Gewinner(s) or the Teilnehmer(s) to entrepreneurs.

46. time stamp service is a certificate, the meets the requirements of § 2 Z 12 SigG.

47. Central Procurement Office is contracting, the a) for customer specific goods or services acquired or b) awarding contracts or concludes framework agreements for construction, delivery or services for clients.

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

49. procurement procedures

(Supplement) is the written statement to the bidder, to accept his offer.

2 part

Procurement procedures for public sector clients

1. main piece

Scope, principles

1 section

Personal scope

Contracting authorities and other contracting authorities committed to the application of provisions of this Federal Act



3. (1) this federal law apply with the exception of its 3rd part for the procurement by governmental agencies (hereinafter: client), which are



1. the federal countries, the municipalities and municipal associations, 2. devices, the a) were established for the specific purpose, in the general interest to fulfill these tasks, which are non-commercial, and b) are at least partial legal capacity and c) mainly by contracting authorities in accordance with subpara 1 or other facilities within the meaning of no. 2 are funded or which are subject to in their line of supervision by the latter or their management , Management or Board of supervisors majority members consists of 1 or other facilities within the meaning of no. 2 are been appointed by contracting authorities in accordance with Z, 3. associations, which consist of one or more Contracting authorities pursuant to such as 1 or 2.

(2) if the contracting authority in the upper sill of a body which is not a contracting authority within the meaning of paragraph 1, awarded service contracts to more than 50% directly subsidize construction contracts for civil engineering works within the meaning of annex I or works contracts within the meaning of annex II, or in connection with such construction contracts, so the rules in the awarding of this construction and service contracts of the 1st, 2nd and the 4th to 6th part of this Federal Act.

(3) if entities operating in the upper threshold in the name and for the account of a body which is not a contracting authority within the meaning of paragraph 1, awarded construction contracts for civil engineering works within the meaning of annex I or works contracts within the meaning of annex II, or service contracts in connection with such construction orders who subsidize it to more than 50% directly, so apply for the award of this construction and service contracts the provisions of 1. , 2 and 4 to 6 part of this Federal Act.

(4) If customer grant a facility that is not a contracting authority within the meaning of paragraph 1 and wants to forgive the works contracts to a third party, a concession, to apply the provisions of § 142 paragraph 3, 143 paragraph 1, 3 and 4, as well as 145.

(5) if client of a facility that is not a contracting authority within the meaning of paragraph 1, grant special or exclusive rights to carry out an activity of the public service sector, as determined in the Act on granting this right be that the relevant institution for the award of supply contracts in the framework of this activity has the principle of non-discrimination on grounds of nationality within the meaning of § 19 para 1 and 2 to observe.

2. section

Order types

Construction jobs



§ 4. construction jobs are remunerated jobs, the subject of the contract



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

Public supply contracts



5. contracts are remunerated jobs, whose contract of purchase, leasing, hire, lease or the hire-purchase, with or without option to buy, of products, including subsidiary works such as laying and installation, is.

Service contracts



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

Building concession contracts



§ 7 construction concession contracts are contracts, whose contract differs only in so far as the consideration for the works solely in the right to the use of the building or in this right together with payment of any Prize consists of works contracts.

Service concession contracts



§ 8 service concession contracts are contracts, whose contract of service contracts differs only in so far as the consideration for the provision of the services solely in the right to exploit the service or in this right together with payment of a price.

Accrual schemes



§ 9 (1) payment orders, which include deliveries within the meaning of section 5 as well as services within the meaning of article 6, are regarded as service contracts, if the value of the services covered by the contract is higher than the total value of the goods. Otherwise, such orders shall be as supply contracts.

(2) payment orders, which services within the meaning of article 6, as well as construction services within the meaning of annex I as incidental to the principal object of the contract include, service contracts are considered.

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

3. section

Exceptions from the scope

Procurement procedures are excluded from the scope of the Act



§ 10. This Act does not apply



1. for procurement procedures, which are explained on the basis of federal or State regulations for secret or executing on the basis of provisions of federal or State requires special security measures or when the protection of essential security interests of the Republic of Austria's commands, 2. for deliveries of goods, for the provision of services and for the provision of construction services in the field of the Ministry of national defence , to which Article 296 of the Treaty establishing the European Community (TEC) applies, 3. for procurement procedures, which are subject to other rules of procedure, and that are performed on the basis of the particular procedure of an international organization, 4. procurement procedures, which are subject to other rules of procedure and on the basis of an agreement concluded pursuant to the Treaty between the Republic of Austria and one or more third countries about deliveries , Construction services or services for one of the parties jointly carried out project to be achieved, or to use, being communicated to the conclusion of any agreement of the Commission, affects 5. procurement procedures, which are subject to other rules of procedure and on the basis of an international agreement relating to the stay of troops, the company of a Member State of the community or a third country, be conducted, 6 for service contracts , which are awarded by a contracting authority to an other contracting authorities on the basis of an exclusive right, that this holds 7 for jobs, contracting by an institution provide can be, on the basis of published, matching with the EC Treaty legal or administrative provisions, a) from which the contracting authority has a supervisor as an own service point, and b) that their services primarily provides for the contracting authority or the , who hold their shares or she composed of which, 8 contracts for the acquisition or rental of, or right to land or existing buildings or other immovable property irrespective of their financing arrangements, except contracts for financial services of any form at the same time, entered into before or after the purchase or lease, 9 for orders for purchase, development, production or co-production of programs , which are intended for broadcasting by radio or television stations, as well as the broadcasting of programmes, 10 for contracts for arbitration and conciliation activities, 11.

Financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, in particular for businesses that serve the cash or capital raising by contracting authorities, as well as services of central banks; also to contracts for instruments of public credit policy, 12 for contracts of employment, 13 research and development services, unless its results are exclusively the property of the contracting authority for its use in the exercise of his own activities and the services provided are complete by the customer paid, 14th for the procurement of construction, delivery or services by customer of a central purchasing body, as long as the central procurement agency for the procurement of this construction , Delivery or services complied with the provisions of the 2nd part of this Federal Act, 15 for the designation of a central purchasing body by customer with the procurement of construction, delivery or services for this client, as long as the central purchasing body in the procurement of this construction, delivery, or service conforms to the 2nd part of this federal law, 16 for tendering procedures are mainly intended, the principal the provision or operation of public telecommunications networks or provide one or more telecommunications services to the public to allow, 17 for the procurement of additional construction services, which are provided for in the original design of the concession, nor in the original concession agreement, which have become required but due to an unforeseen event to the execution of the construction works as described and that the contracting authority awards to the concessionaire, if are awarded to the entrepreneur who performs the concerned construction services, provided that the total value of the additional construction services, 50 per cent of the value of the original works , which are the subject of the concession, does not exceed, and either a) a separation of the additional construction services from the original construction order in technical or economic terms without significant disadvantage for the customer is possible, or b) a separation from the original order of the construction would be possible, but the additional construction services are essential for its improvement.

Service concession contracts



§ 11. This Federal Act shall apply with the exception of § 3 para 1, 8, 49, 335, 344 and 345 para 1 to 3 for the award of service concession contracts. Are service concession contracts by contracting authorities in accordance with article 3, paragraph 1 in accordance with the community freedoms, as well as the prohibition of discrimination and, as far as this is deemed necessary on the basis of the value and the subject matter of the contract, basically in a procedure with several entrepreneurs, through which a reasonable degree of public is guaranteed and which corresponds to the principles of free and fair competition, to forgive. The award of services concessions in a free-form process directly to a selected entrepreneurs (direct assignment) is allowed only if the estimated output value does not exceed 40 000 euro excluding VAT. Article 3 par. 5 of the Federal law is to apply mutatis mutandis when the award of services concessions.

4 section

Thresholds, calculation of the estimated value of performance

Threshold values



§ 12 (1) process by contracting authorities to the award of contracts are carried out in the upper threshold area, if the estimated order value without VAT



1. for the supply and service contracts, which are awarded by contracting authorities referred to in annex V, is at least 154 000 euros - in the area of the Federal Ministry of defence applies only to contracts relating to goods listed in annex VI;

2. for all other supply and services contracts amounts to at least EUR 236 000;

3. for public works contracts and building concession contracts at least 5 923 000 euros.

(2) the estimated contract value of service orders without sales tax, taking into account any contest prizes and payments to participants or ideas competitions be competitions by contracting authorities in the upper sill, when realisation competitions the amount of contest prizes and payments to participants



1. for competitions conducted by contracting authorities referred to in annex V is at least 154 000 euros;

2. for competitions conducted by others as clients referred to in no. 1 at least 236 000 euros.

(3) procedures by contracting authorities to the award of contracts are made in emerging areas if the estimated order value excluding VAT does not reach the amounts referred to in paragraph 1. Competitions occur in the threshold area, if the estimated value of the order does not reach the amounts referred to in paragraph 2, taking into consideration of the prizes and payments, or the sum of prizes and payments to participants.

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



Section 13 (1) basis for the calculation of the estimated value of a public order is the total value without VAT is expected to pay the contracting authority; In this calculation, the estimated total value of all the associated to the project services including all options and any renewals is taken into account.

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

(3) the estimated contract value of to write performance without the sales tax is the contracting authority prior to the tendering procedure to identify knowledgeable. Relevant point in time for determining is the date of initiation of the procurement procedure by the customer. Procurement procedure with prior notice this is the date of dispatch of the notice referred to in section 46, at procurement procedures without prior publication of notice the first after outside in defining common appearance.

(4) a procurement project may be divided for the purpose, to circumvent the application of the provisions of this Federal Act.

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

Calculating the estimated contract value for construction jobs and construction concession contracts



14. (1) consists of several lots, for each is awarded a separate contract, is estimated to be on order value, the estimated total value of all the lots as a construction project. Also commercial activities within the meaning of annex I apply a ticket within the meaning of this Federal Act (trades).

(2) in calculating the estimated contract value of works contracts or construction concession contracts, also of the estimated total value of all for the execution of the construction work required goods or services to be provided to the contractor by the contracting authority is in addition to the contract value of the construction works. The value of the goods or services which are not necessary for the execution of a certain construction contract may added to the value of this order in particular not with the result that the provisions of this Federal Act for the procurement of those goods or services will be bypassed.

(3) reaches or exceeds the cumulative value of lots in § 12 par. 1 Z 3 threshold, so apply the provisions of this federal law for the award of works contracts in the upper sill for the procurement of all lots. This does not apply for those lots whose estimated value without VAT is less than EUR 1 million, provided that the aggregate value of the lots selected by the customer does not exceed 20 per cent of the cumulative value of all lots. The provisions of this Federal Act apply to the procurement of these lots for the awarding of construction contracts in emerging areas.

(4) equals or exceeds the aggregate value of the lots the No. 3 in section 12 paragraph 1 threshold, so the provisions of this Federal Act shall apply for the award of works contracts in emerging areas for the allocation of all lots. The value of each Gewerkes is considered estimated contract value for the choice of the procedure for the award of contracts in the threshold area.

Calculation of the estimated contract value for supply contracts



Section 15 (1) for leasing, rental, lease or hire purchase is estimated to be on order value as:



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

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

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

(2) in the case of recurring orders or standing orders is estimated to be as on order value either



1.

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

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

(4) equals or exceeds the aggregate value of the lots that 1 or 2 above thresholds to apply Z in article 12, paragraph 1 the provisions of this federal law for the award of supply contracts in the upper sill for the procurement of all lots. This does not apply for those lots whose estimated value without VAT is less than EUR 80 000, provided that the aggregate value of the lots selected by the customer does not exceed 20 per cent of the cumulative value of all lots. The provisions of this Federal Act shall apply for the allocation of these tickets for the award of supply contracts in the emerging area.

(5) reaches or exceeds the aggregate value of the lots in § 12 para 1 subpara 1 or 2 above threshold values do not, shall apply the provisions of this federal law for the award of supply contracts in emerging areas for the allocation of all lots. Lots, with an estimated order value is less than 40 000 EUR, without VAT may be awarded by way of direct award, provided that the aggregate value of the lots selected by the customer does not exceed 40 per cent of the cumulative value of all lots.

Calculating the estimated contract value for service contracts



Section 16 (1) orders of the following services is estimated to be on order value as:



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

2. for banking services and other financial services fees, commissions and interest as well as other comparable remuneration;

3. for orders, the planning services to the subject have the fees, commissions and other similar payments.

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



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

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

(3) in the case of recurring orders or standing orders is estimated to be as on order value either



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

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

(5) equals or exceeds the aggregate value of the lots that 1 or 2 above thresholds to apply Z in article 12, paragraph 1 the provisions of this federal law for the award of service contracts in the upper sill for the procurement of all lots. This does not apply for those lots whose estimated value without VAT is less than EUR 80 000, provided that the aggregate value of the lots selected by the customer does not exceed 20 per cent of the cumulative value of all lots. The provisions of this Federal Act apply to the procurement of these lots for the award of service contracts in emerging areas.

(6) reaches or exceeds the aggregate value of the lots in § 12 para 1 subpara 1 or 2 above threshold values do not, shall apply the provisions of this federal law for the award of service contracts in emerging areas for the allocation of all lots. Lots, with an estimated order value is less than 40 000 EUR, without VAT may be awarded by way of direct award, provided that the aggregate value of the lots selected by the customer does not exceed 40 per cent of the cumulative value of all lots.

Calculation of the estimated contract value of framework agreements and dynamic purchasing systems



§ 17. The estimated order value of a framework agreement or a dynamic purchasing system is the total value of all contracts to be awarded on the basis of this framework agreement or the dynamic purchasing system expected to be estimated for their entire life.

Change the threshold or Los values



§ 18. The Chancellor can by regulation instead of in the § § 11, 12 para 1 and 2, 14 para of 3, 15 para 4 and 5, 16 para 5 and 6, 37, 38, 41 paragraph 2 Z 1, 53 para 4, 78, 125 paragraph 5, 126 para 1 as well as 141 para 3 is required or permitted set thresholds or Los values, as far as international commitments of in Austria require this or this on the basis of Community rules or in the interest of a uniform procedure for the award of useful jobs, other emerging or Los values set.

5. section

Principles of the procurement procedure and general provisions

Principles of the procurement procedure



Procurement procedures are section 19 (1) according to a procedure provided for in this federal law, carried out in accordance with the community freedoms, as well as the prohibition of discrimination according to the principles of free and fair competition and equal treatment of all candidates and tenderers. The award has authorized, to be powerful and reliable entrepreneurs at reasonable prices.

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

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

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

(5) in the procedure is to be taken into account on the environmental standards of performance. This can be done in particular by the consideration of ecological aspects in the description of the performance, in establishing the technical specifications or by setting specific award criteria with ecological reference.

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

General provisions on candidates and tenderers



Section 20 (1) applicants or tenderers which are established in the territory of another party of the EEA and who perform a recognition or same management procedures in accordance with the § § 373 c, 373d and 373e of the Gewerbeordnung (GewO 1994), BGBl. No. 194, 1994 or a receipt in accordance with section 1, paragraph 4, of the EEA architects regulation, BGBl. No. 694 / 1995, or a confirmation in accordance with § 1 para 4 of the EEA engineer Consul ducks regulation, BGBl. No. 695 / 1995 , catch up with must have the corresponding requests as soon as possible to make. The decision on the granting of recognition or the saying of the equivalence or a confirmation in accordance with the EEA architects Ordinance or the EEA engineer Consul ducks regulation must be at the latest at the time of the contract award decision. They have the proof to teach that they have tabled an amendment in accordance with the aforementioned legislation before the end of the offer period.


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

(3) subject to paragraph 2 candidates or tenderers are entitled to the provision of the relevant service in accordance with the legislation of the Contracting Party in whose territory they are resident, of the EEA Agreement, may be not alone rejected, because they would have to either be a natural or legal person in accordance with the Austrian law.

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

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



Reserved orders for sheltered workshops or integrative enterprises



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

(2) unless a notice in accordance with section 46, is pointing to a possible restriction of the participants or a restriction of the execution entitled circle referred to in paragraph 1.

General provisions relating to the allocation of benefits and services



Section 22 (1) benefits may be awarded jointly or separately. A separate assignment can be in local or temporal terms, according to amount and type of benefit or craft - different in regard to services and branches or disciplines. Economic or technical aspects, such as E.g. the need for a uniform finish and a unique guarantee are decisive for the whole or separate public procurement of services.

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

Confidentiality of documents relating to public procurement proceedings, exploitation rights



Section 23 (1) clients, candidates and tenderers have to preserve the confidential nature of all information relevant to the client as also candidates and tenderers and their documents.

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

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

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

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

General provisions concerning the price



Section 24 (1) which is price to create the price offer procedure or the price aufschlags-and discount procedures. Basically is to write out the price offer procedure, to offer and to strike. The price aufschlags-and price reduction procedure is allowed only in exceptional cases to substantiating.

(2) the nature of the price may be a unit price, a flat fee or a Director's award.

(3) at unit prices is to write out, to offer and to strike, if a performance can be determined exactly, at least approximate volume according to type and quality.

(4) at fixed prices is to write out, to offer and to strike, if nature, quality and scope of a performance and the circumstances under which it is to provide, are sufficiently known at the time of the tender and is unlikely to occur with a change during execution.

(5) an award to Director prices is only carried out if nature, quality and scale the performance or the circumstances under which it is achieving, not exactly can be captured, that a procurement unit or flat rate is possible and can be settled only after the actual hours or cost of materials.

(6) standard, lump sums and directed by rates can be fixed or variable rates.

(7) at fixed prices is to write out, to offer and to strike, if not by long-term contracts or by influencing cost shares, which are subject to a strong price fluctuations, unacceptable uncertainties arise the parties. In this case is to write out at varying prices, to offer and to strike. Basically, the time period for the validity of fixed rates shall not exceed a period of 12 months.

2. main piece

Types and choice of award procedures

1 section

Types of award procedures

Types of procedures for the award of contracts



§ 25 (1) has in the way of an open procedure, a restricted procedure, a negotiation procedure, a framework agreement, a dynamic purchasing system, must be a competitive dialogue or a direct award the award of contracts for services.

(2) in the case of open an unlimited number of entrepreneurs called on public to submit offers.

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

(4) in the case of the restricted procedure without prior publication of notice, a limited number of suitable contractors is prompted to submit offers.

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

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


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

(8) a dynamic purchasing system is a fully electronic procedure for the procurement of services, where characteristics available widely on the market meet the requirements of the customer. A dynamic purchasing system an unlimited number of entrepreneurs is prompted publicly to submit non-binding declarations for the provision and all appropriate entrepreneurs who have submitted acceptable explanations for the provision, be admitted to participation in the system. A dynamic purchasing system is involved the performance after a separate invitation to tender by a participant in the dynamic purchasing system.

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

(10) in the case of direct award, a performance is obtained informally immediately from a selected contractor for a fee.

Types of competition



Section 26 (1) contests can perform as idea competitions or realisation competitions.

(2) idea competitions are overpopulated, which serve to provide a plan or a plan the contracting authority, in particular in the areas of spatial planning, urban planning, architecture and civil engineering, advertising or data processing, of or even their selection is made by a jury on the basis of comparative assessment with or without distribution of prices.

(3) competitions of realization of are competitions, which following the public offer of proceedings, in accordance with paragraph 2 performs a negotiated procedure for the award of a service contract pursuant to § 30 para 2 No. 6.

(4) the conduct of competitions has in the way of open a restricted or an invited competition to take place.

(5) in the case of the open competition an unlimited number of companies and people is prompted by the organiser publicly to the template of competition works.

(6) in the case of the restricted competition selected contestants are prompted after an unlimited number of companies and individuals to submit publicly was prompted by requests to participate, by the organiser to the template of competition works.

(7) in the case of the loaded competition a limited number of suitable contestants prompts by the organiser immediately to submit contest works.

2. section

Choice of procurement procedures in the upper and lower threshold area

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



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

Choice of the negotiated procedure for works contracts



Section 28 (1) construction contracts may be awarded under the negotiated procedure after prior publication of notice, if



1. within the framework of a carried out by open or restricted procedure with prior publication of notice or competitive dialogue carried no proper offerings or only offers have been given off, which are unacceptable according to the provisions of this Federal Act, and the original conditions of the construction contract are not substantially altered, or 2 it is construction services, that are performed exclusively to research, experiment or development purposes, and not with the aim of ensuring profitability or cover the research and development costs , or 3 it is construction services, does not admit a prior overall pricing after or because of the nature with the performance-related risks.

In the case of no. 1, distance can be taken by the notice, if only those authorised to the contracting authority in the contract negotiation procedure, refers to a reliable and efficient entrepreneur whose Angebote were eliminated No. 1 not in the course of the prior open or restricted procedure with prior publication of notice or of the previous competitive dialogue in accordance with article 129, paragraph 1, and which have submitted offers, which have met the requirements of paragraphs 106 to 110 and 113 to 115.

(2) construction contracts may be awarded by negotiated procedure without prior publication of notice, if



1. in the context of an open or restricted procedure with prior publication of notice no is been submitted an offer suitable within the meaning of this Federal Act or no participation application made, not substantially altered the original conditions of the construction contract and a report will be submitted to the Commission if it so wishes, or 2. the works contract for technical or artistic reasons or on the basis of the protection of exclusive rights only by a particular contractor can be run , or urgent, compelling reasons attributable to not the behavior of the client are 3rd in connection with events that the customer could not foresee, not admit in the open procedures to meet prescribed deadlines in the restricted procedure with prior publication of notice or in a negotiated procedure to be conducted in accordance with paragraph 1, or 4 additional construction services, which are provided in the design underlying the award of nor in the original construction contract , but due to an unforeseen event of the execution of the construction task described therein are needed, if awarded the contract to the contractor executing the first contract, the total value of the additional construction services does not exceed 50 per cent of the value of the original construction contract, and either a) a separation of the additional construction services from the original construction order in technical or economic terms without significant disadvantage for the customer is possible , or b) a separation from the original order of the construction would be possible, the additional construction services but are strictly necessary for its completion, or new construction services in the repetition of similar construction services are 5, and a) is commissioned by the same Contracting Authority to the contractor, which has already received the initial order, b) was awarded the original contract in the open or restricted procedure with prior publication of notice , c) the works conform to a basic project and this design was the subject of the original order, d) the possibility of application of such negotiated procedure was already foreseen in the first tender, e) are awarded within three years of the conclusion of the original contract and f) was based on the total order value in the calculation of the estimated value of the order, made for the continuation of the construction services in Vista.

Choice of the negotiated procedure for supply contracts



Section 29 (1) contracts can be awarded under the negotiated procedure after prior publication of notice, if



1. within the framework of a carried out by open or restricted procedure with prior publication of notice or competitive dialogue carried no proper offerings or only offers have been given off, which are unacceptable according to the provisions of this Federal Act, and not substantially altered the original terms for the purchase, or 2 it is deliveries, after or because of the nature with the performance-related risks do not allow a prior overall pricing.

In the case of no. 1, distance can be taken by the notice, if only those authorised to the contracting authority in the contract negotiation procedure, refers to a reliable and efficient entrepreneur whose Angebote were eliminated No. 1 not in the course of the prior open or restricted procedure with prior publication of notice or of the previous competitive dialogue in accordance with article 129, paragraph 1, and which have submitted offers, which have met the requirements of paragraphs 106 to 110 and 113 to 115.

(2) public supply contracts may be awarded by negotiated procedure without prior publication of notice, if



1. in the context of an open or restricted procedure with prior publication of notice no or been submitted an offer suitable within the meaning of this Federal Act or no participation application made, not substantially altered the original conditions of the purchase order and a report will be submitted to the Commission if it so wishes, or 2.

the purchase order for technical or artistic reasons or on the basis of the protection of exclusive rights only by a particular contractor can be executed, or urgent, compelling reasons attributable to not the behavior of the client are 3rd in connection with events that the customer could not foresee, not admit in the open procedure, to comply with prescribed deadlines in the restricted procedure with prior publication of notice or in a negotiated procedure to be conducted in accordance with paragraph 1 , or the purchase order solely for research, experimental, investigative or development purposes will be awarded 4 where the purchase order must be used but not a series to demonstrate of the marketability of the product, or cover the research and development costs, or 5 for previously carried out deliveries of the original contractor additional supplies are necessary, that determines either for partial renewal of market goods or facilities or for the expansion of deliveries or existing facilities are , and would result in a change of the contractor, that the principal goods with different technical characteristics would have to buy and this would bring a technical incompatibility or disproportionate technical difficulty of use and maintenance with Usually, the duration of these jobs, as well as the standing orders must not exceed three years, or 6 is the delivery of goods, which are quoted and purchased on commodity markets, or 7 is the delivery of goods, to particularly favorable conditions of entrepreneurs, which is definitively winding up its business activities, or from receivers or liquidators in the context of a time , Konkurs-, conciliation or settlement procedure or a similar procedure provided for in the law or regulations of the EEA Contracting Parties be purchased.

Choice of the negotiated procedure for service contracts



30. (1) service contracts may be awarded under the negotiated procedure after prior publication of notice, if



1. within the framework of a carried out by open or restricted procedure with prior publication of notice or competitive dialogue carried no proper offerings or only offers have been given off, which are unacceptable according to the provisions of this Federal Act, and not substantially altered the original conditions of the service contract, or 2 it is services, does not admit a prior overall pricing after or because of the nature with the performance-related risks , or 3. are the services, in particular mental services such as construction planning services and services of in category 6 of annex III, in such a way that contractual specifications not so precisely can be set, that the order can be awarded by the choice of the best offer in the open or restricted procedure with prior notice.

In the case of no. 1, distance can be taken by the notice, if only those authorised to the contracting authority in the contract negotiation procedure, refers to a reliable and efficient entrepreneur whose Angebote were eliminated No. 1 not in the course of the prior open or restricted procedure with prior publication of notice or of the previous competitive dialogue in accordance with article 129, paragraph 1, and which have submitted offers, which have met the requirements of paragraphs 106 to 110 and 113 to 115.

(2) service contracts may be awarded by negotiated procedure without prior publication of notice, if



1. in the context of an open or restricted procedure with prior publication of notice no is been submitted an offer suitable within the meaning of this Federal Act or no participation application made, the original conditions of the service contract are not substantially altered and a report will be submitted to the Commission if it so wishes, or 2. the service contract for technical or artistic reasons or on the basis of the protection of exclusive rights only by a particular contractor can be run , or urgent, compelling reasons attributable to not the behavior of the client are 3rd in connection with events that the customer could not foresee, not admit in the open procedures to meet prescribed deadlines in the restricted procedure with prior publication of notice or in a negotiated procedure to be conducted in accordance with paragraph 1, or 4 additional services that are provided in the underlying the allocation draft nor in the original service contract , but due to an unforeseen event to the execution of the service contract described therein are needed, if awarded the contract to the contractor executing the first contract, the total value of additional services does not exceed 50 per cent of the value of the original order of the local service, and either a) a separation of these additional services from the original order of services in technical or economic terms without significant disadvantage for the customer is possible , or b) a separation from the original order of the local service would be possible, the additional services but are strictly necessary for its completion, or new services in the repetition of similar services there are 5, and a) is commissioned by the same Contracting Authority to the contractor, which has already received the initial order, b) was awarded the original contract in the open or restricted procedure with prior publication of notice , c) the services conform to a basic project and this design was the subject of the original order, d) the possibility of application of such negotiated procedure was already foreseen in the first tender, e) are awarded within three years of the conclusion of the original contract and f) was based on the total order value in the calculation of the estimated value of the order, made for the continuation of services in Vista , or 6 following the order in accordance with the relevant provisions to the winner or to one of the winners of the competition must be assigned to a competition. In the latter case, all winners of the competition must be prompted to participate in the negotiations.

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



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

(2) in the case of the implementation of an open procedure, a restricted procedure with prior publication of notice, a negotiated procedure according to § 28 para 1 subpara of 1, 29 par. 1 Z 1 or 30 par. 1 Z 1, at the award of contracts on the basis of a framework agreement in accordance with the procedure of § 152 4 Z 2, para 5 and 6, or for the award of contracts on the basis of a dynamic purchasing system may in accordance with the procedure of article 158 orders for services either through a simple electronic auction or be forgiven through other electronic auction, provided that the specifications of the subject of the order clearly and fully described can be. The auction can refer only to offer parts that are so quantifiable in clear and objectively comprehensible way that they are displayed in figures or percentages. Construction or service contracts, which have spiritual services to the subject - like about the design of building services - cannot be the subject of electronic auction.

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

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

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

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



32. contracts may be awarded on the basis of a framework agreement section, if the framework agreement was concluded after conducting an open procedure, a restricted procedure with prior publication of notice, or a negotiated procedure in accordance with sections 28 to 30.

Set up a dynamic purchasing system and awarding contracts on the basis of a dynamic purchasing system



33. contracts may be awarded on the basis of a dynamic purchasing system section, if the dynamic purchasing system was set up after an open procedure.

Choice of competitive dialogue



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



1. it is particularly complex contracts and 2.

the procurement in an open or restricted procedure is not possible according to the customer's.

(2) an order shall be deemed particularly complex within the meaning of paragraph 1, if the client is not objectively able,



1 technical specifications with which its needs and requirements can be met, in accordance with section 98 subsection 2, or 2 to specify the legal or financial conditions of the project.

Choice of the competition



section 35. The customer can choose in the conduct of competitions between the open and the restricted competition.

Hold down the reasons for the choice of certain procurement procedures



section 36. The determinants for the implementation of a negotiated procedure or a competitive dialogue have to be recorded in writing.

3. section

Procurement procedures approved only in the threshold area

Choice of the restricted procedure without prior publication of notice



section 37. In the threshold area contracts in the restricted procedure without prior publication of notice may be awarded provided that enough suitable entrepreneurs are known, to help ensure a free and fair competition, the contracting authority, and if



1. in the case of works contracts, the estimated value of the contract is not reached 120 000 euro or 2 for the supply and service contracts, eludes the estimated order value of EUR 80 000.

Additional possibilities of choice of the negotiated procedure



Section 38 (1) lower threshold area supplies and services contracts under the negotiated procedure may be awarded after previous notice. Construction contracts may be awarded in the threshold area under the negotiated procedure after prior publication of notice, if the estimated value of the order does not reach EUR 350 000.

(2) in the threshold area also under the negotiated procedure without prior publication of notice can be procured, if



1. in the case of works contracts, the estimated contract value EUR 80 000 not reached, or 2 for the supply and service contracts, can be estimated order value of EUR 60 000 is not reached, or 3. on the basis of a special occasion, for a very short period of time resulting, procures goods or services at a price which is, significantly below the market price, or 4 in the context of a restricted procedure without prior publication of notice no or no offer suitable within the meaning of this federal law or no application has been made and the original terms of the contract are not substantially altered.

(3) contracting authority can award contracts on mental services in a negotiated procedure without prior publication of notice with only a contractor provided that the implementation of economic competition on the basis of the cost of the procurement process for the customer is not economically viable and the estimated value of the order 50vH of the respective threshold value in accordance with article 12, paragraph 1 not reached Z 1 or 2.

The additional choice of the competition



§ 39. where sufficient suitable entrepreneurs are known, the organiser, the realisation of a loaded competition in the emerging area is allowed.

An additional feature of the award of contracts on the basis of a framework agreement



40. contracts may be awarded on the basis of a framework agreement section, if the framework agreement was concluded after a negotiated procedure in accordance with article 38, paragraph 1.



Direct award



41. (1) the provisions apply to the award of contracts by contracting authorities in the way of direct award only 1, the 4-6 part of this Federal Act, § 3 para 1, 4 to 6, 9, 10, 13 to 16, 19 para 1, 25 para 10 and 78, and the provisions of paragraph 2 to 4.

(2) a direct award is permitted only if



the estimated value of the order not reached 40 000 Euro 1 or 2 is a project co-funded from Community funds, whose estimated value is not reached the threshold values in accordance with article 12, paragraph 1, and a) an invitation for the submission of projects or project ideas in the way of a public interest search took place, or b) Transnational steering committees have been set up or involved in several Member States in the implementation of the project , or c) these projects were accepted by the Commission after a selection procedure.

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

(4) in the case of a direct award, performance may be obtained only by a qualified, efficient and reliable contractor. The power, performance, and reliability must be at the latest at the time of the conclusion of the contract. To entrepreneurs, has been initiated against which a bankruptcy or insolvency proceedings, a judicial composition proceedings, a moratorium or a compulsory composition or that are in liquidation or winding up its commercial activities, contracts by way of direct Award referred to in paragraph 2 may be awarded but Z 1, if their capacity to do so is sufficient.

Hold down the reasons for the choice of certain procurement procedures



The determinants for the implementation of a negotiation procedure, a restricted procedure without prior publication of notice or an invited competition are section 42 (1) to put in writing.

(2) in the case of a direct award is, unless the documentation effort is economically feasible to keep the subject-matter and value of the order, as well as the name of the contractor. In the case of a direct award pursuant to § 41 para 2, no. 2 is a short note on the possibly already conducted procedure to record in the procurement documentation.

3. main piece

Provisions for carrying out procurement procedures

1 section

Routes of transmission of information

Transmission of documents or information between clients and contractors



The delivery of tender documents, messages, applications, requests and notifications, as well as any other Exchange of information between clients and contractors can § 43 (1), unless the contracting authority not exceptionally different, either by mail, fax or electronically. Less significant releases, requests, notifications and information can be transmitted also orally or by telephone.

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

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

(4) an electronic submission of tenders, offers and documents, which are related with the offer assessment, has, using a secure electronic signature (§ 2 Z 3 SigG) or so to be made that the verifiability of the completeness, authenticity and authenticity of submitted records with the quality of a secure electronic signature is guaranteed.

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

(6) contracting authorities and entrepreneurs have known absolutely a fax number or an e-mail address to give to which all documents and information can be delivered legally. As far as this Act necessarily, a communication is provided by decisions on business electronically or by fax, a letter delivery only in exceptional cases is allowed. Electronically transmitted programmes is considered to be transmitted, as soon as their electronic available data of the receiver are.

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

2. section

Transmission of documents to the European Commission

Statistical obligations of the customer



Section 44 (1) clients have August 31st every year - for clients who fall within the execution scope of a country, in the way of each country Government - to provide the Federal Minister for Economic Affairs and labour for forwarding to the Commission statistics on the contracts awarded in the previous year.


(2) the Federal Government has more detailed provisions on the statistical data to be transmitted to adopt, ensuring in particular an assessment of the results of the application of this law by regulation. The regulation further commitments to meet in particular are



1. information by contracting authorities in accordance with annex V concerning a) the number and value of awarded contracts in the upper sill;

(b) the number and the total value of those orders in the upper sill, which on the basis of exceptions to the agreement on government procurement, OJ No. L 336 of 23 December 1994, S 273, have been awarded

(c) the breakdown of jobs in upper threshold area according to the carried out each of the tendering procedures for goods, and the construction work according to the CPV and the services in accordance with the categories listed in annex III and IV services stating the CPV nomenclature code and according to the nationality of the operator, which was awarded the contract.

(d) the number and value of awarded contracts and the nature of the exemptions claimed by negotiated procedure in the upper threshold area, broken down by the nationality of the operator, which has been awarded

2. information of all other clients regarding a) the number and value of awarded contracts in the upper sill disaggregated according to the carried out each of the procurement procedures, the areas of goods, the construction work according to the CPV and the services in accordance with the categories listed in annex III and IV services stating the CPV nomenclature code and according to the nationality of the operator , that the bid has received;

(b) the total value of those orders in the upper sill, which on the basis of exceptions to the agreement on government procurement, OJ No. L 336 of 23 December 1994, S 273, have been awarded

3. on any other, may also the concerning lower threshold area, statistical information, which were set by the Commission under the procedure provided.

Submission of other documents



§ 45. As far as federal legislation, with the exception of the provision of section 335, notification or reporting requirements to the Commission or to other Contracting Parties of the EEA Agreement provides the necessary documents available to make has the Federal Ministry of Economics and labour in procurement procedures, which are covered in the enforcement area of the Federal Government, clients, procurement procedures, which fall within the execution scope of a country, the customer shall by way of the respective Provincial Government. It has to forward the documents through the permanent representation of Austria to the European Union to the Commission and the Contracting Parties of the EEA Agreement and to inform the Chancellor of.

3. section

Announcements

1 subsection

General provisions notices

Subcontract services



To introduce article 46 (1) are:



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

2. the intended implementation an open or not open competition;

3. the intended awarding the contract for the concession of a construction or a construction contract by the concessionaire of a building, of itself not client (§ 3 para 1) is, to be awarded

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

5. the proposed establishment of a dynamic purchasing system;

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

(2) in the notice section 1 para 4 of the EEA architects regulation, BGBl. is any requirement a recognition or equivalence according to the § § 373 c, 373d and 373e GewO 1994 or a confirmation in accordance with no. 694/1995, or a confirmation in accordance with § 1 para 4 of the EEA engineer Consul ducks regulation, BGBl. No. 695 / 1995, expressly to point out.

(3) the client has to specify in the notice what evidence or which evidence for the Authority (section 71) for the professional reliability (§ 72) to present (section 74) and the technical performance (section 75) for the financial and economic capacity or to furnish upon request by the customer.

(4) should after conducting an open procedure, a restricted procedure with prior publication of notice, a negotiated procedure with prior publication of notice in accordance with § 28 para 1 subpara of 1, 29 par. 1 Z 1 and 30 paragraph 1 Z 1, for a framework agreement for a renewed call for competition in accordance with article 152, paragraph 4 No. 2 or a dynamic purchasing system to a separate invitation to tender in accordance with article 158 the offer , which the surcharge is to be granted, be determined by way of an electronic auction, so the notice referred to in paragraph 1 shall Z 1 contain a direction setting 4 and 5.

Correction of notices



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

Publication of a Beschafferprofils



Section 48 (1) the contracting authority may publish a profile on the Internet.

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

Voluntary notices at Community level



paragraph 49. The customer can immediately provide the Commission using any existing relevant standard forms for announcements in the upper sill notices and messages that are subject to not a notification obligation in accordance with this federal law. The transmission of notices and releases shall be made electronically according to the procedures for the transmission of notices and releases made manifest by the Federal Chancellor pursuant to § 50. The client must have the day of dispatch of the notice.

2. subsection

Special notice provisions for the upper threshold area

Notices at Community level



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

Use of the CPV in announcements



51. (1) when notices have the description of the subject of the order the names and codes of the common vocabulary (CPV) public procurement to use for the customer.

(2) concerning the delineation of the scope of this federal law in relation to the construction services covered by this federal law pursuant to annex I or to the distinction between the categories of priority or no priority services covered by this federal law, the NACE nomenclature or the CPC nomenclature takes precedence over the CPV nomenclature.

Notices in Austria and in other media



§ 52. (1) the Federal Chancellor and the State Governments can set if this is required to guarantee of a sufficient economic competition, for the scope of enforcement by regulation, publish additional notices pursuant to § 46 paragraph 1 upper threshold area anyway, have contracting authorities subject to this part of this Act in which publication media. Further provisions concerning the submission of notices to the publication medium can be taken in this regulation.

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

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


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

Publication of a prior information notice



Unless the ordering party of the possibility of shortening the offer period in accordance with section 61 would like to make use, he must disclose a prior information notice in accordance with paragraph 2 or 3 section 53 (1).

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

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

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



1. for supply contracts, broken down by product groups according to the positions of the CPV, the estimated total value of all contracts or framework agreements, in the next twelve months to forgive required the contracting or complete intends if its in accordance with the rules on the calculation of the estimated contract supply contracts and framework agreements (sections 15 and 17) estimated total value is at least EUR 750 000;

2. for service contracts, broken down according to the categories of services referred to in annex III, the estimated total value of all contracts or framework, to forgive that the principal in the next twelve months or complete intends, if its in accordance with the rules on the calculation of the estimated contract value for service contracts and framework agreements (articles 16 and 17) estimated total value is at least EUR 750 000;

3. in the case of works contracts, the essential characteristics of all orders or agreements, to which the contracting authority or to complete intends if its in accordance with the rules on the calculation of the estimated contract value works contracts and framework agreements (sections 14 and 17) estimated total value is at least 5 923 000 euro;

In the case of the prior information notice concerning delivery and priority service contracts in accordance with no. 1 and no. 2 is to provide the preliminary information as soon as possible after the beginning of the respective financial or budgetary year to the Commission to promote or advertise in the buyer profile. In the case of the prior information notice concerning works contracts in accordance with no. 3 is to provide the preliminary information as soon as possible after approval of planning underlying the proposed construction contracts or framework agreements on the Commission to promote or advertise in the buyer profile.

(5) in the prior information notice § 1 para 4 of the EEA architect regulation, Federal Law Gazette is the possible need for a recognition or equivalence according to the § § 373 c, 373d and 373e GewO 1994 or a confirmation in accordance with no. 694/1995, or a confirmation in accordance with § 1 para 4 of the EEA engineer Consul ducks regulation, BGBl. No. 695 / 1995, expressly to point out.

Announcement of awarded contracts, competition results and framework agreements



Section 54 (1) the contracting authority has the Commission of any awarded construction to announce delivery or service contract and the result of each competition. The information is to submit to the Commission by using the relevant standard form no later than 48 days after contract award and final of the competition.

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

(3) the client has the Commission of any construction awarded on the basis of a dynamic purchasing system to announce delivery or service contract. The information the Commission by using the relevant standard form either at the latest 48 days after contract award of each order or - year quarter grouped together - no later than 48 days after the end of the year quarter are to submit.

(4) in the case of non-priority services, the client has to specify whether he agrees with the release.

(5) information on the contract award or the conclusion of framework agreements must be published but then, if their announcement would hinder the enforcement of laws, contrary to the public interest or harm the legitimate business interests of public or private entrepreneur or interfere with the free and fair competition between the.

3. subsection

Special notice provisions for the lower threshold area

Notices in Austria and in other media



§ 55. (1) 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 concerning the submission of notices to the publication medium can be taken in this regulation.

(2) 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.

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

(4) the notice must contain that information, enabling interested parties an assessment, whether participation in the procurement procedures for them of interest is. The notice shall contain at least the information specified in annex XV.

4 section

Deadlines

1 subsection

General provisions governing periods

Calculation of time limits



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

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

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

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

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

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

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

Principles for the design and extension of deadlines




§ 57. (1) the customer has time limits to be such, and to assess that sufficient time for performing the appropriate actions will remain the entrepreneurs affected by the deadline. In particular participation and offer periods and deadlines for the development of solutions in the competitive dialogue are to be such that, taking into account the post run sufficient time to the decision and creation of requests to participate, offers solutions remains the entrepreneurs. On circumstances which may complicate the preparation of the offer or the development of a solution, care to take.

(2) the offer period is extended if the correction on the creation of the offers has significant influence a corrigendum to the notice of the award of benefits (§ 47). Any change of the offer period is proven to announce all candidates or tenderers. This is not possible, it is so in the same way to make like the announcement of the award of benefits.

(3) the client has, where necessary, the deadline for the receipt of requests to participate and the offer period for electronic submitted offers reasonable to extend, if the server on which the requests for participation or the offers should be submitted, is not continuously listening to the time course of the respective period. An extension of the time limit is demonstrably notify all candidates or tenderers. This is not possible, is so to make known the extension in an appropriate manner.

Transmission and information deadlines



58. (1) unless the client not the tender documents and all additional the award procedure records from the first-time availability of the respective notice electronically free, directly and completely accessible has made, are immediately to 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, the call for tenders and any additional documents , but at the latest within by six days after receipt of the request, to submit or to make appropriate understanding electronically available.

(2) if the request is made in a timely manner, the contracting entity or the competent body has further information about the call for tenders, additional documents or the description in the competitive dialogue immediately, anyway, but at least no later than four days before the deadline for the receipt of tenders to provide six days, with restricted procedure or accelerated negotiated procedures referred to in the paragraphs 63 and 67.

(3) can timely requested tender documents, descriptions in the competitive dialogue, additional documents or requested information for reasons that can be attributed to not the contractor sent about due to their large size within the time limits laid down in paragraphs 1 and 2, provided or granted are, so you are to extend offering periods accordingly.

2. subsection

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

Participation deadlines



section 59. In the restricted procedures with prior publication of notice in the negotiated procedure with prior publication of notice and in the competitive dialogue, the period to be fixed by the contracting authority for receipt of requests to participate in the procurement procedure is 37 days minimum. It begins with the date of dispatch of the notice.

Offer deadlines



Section 60 (1) the open procedure at least 52 days the period to be fixed by the contracting authority for the receipt of tenders. If not a day for the earliest possible pick up the tender documents is specified in the notice, the offer period begins with the date of dispatch of the notice. It ends with the time up to the offers must be submitted at the latest.

(2) in the case of the restricted procedure with prior publication of notice, the period to be fixed by the contracting authority for the receipt of tenders is at least 40 days. It begins with the date of dispatch of the invitation to tender and ends with the date up to which offers must be received no later than.

3. subsection

Shorter deadlines for procurement procedures in the area of upper threshold

Offer deadlines for the accelerated after prior information notice



section 61. The deadline for the receipt of tenders in open and restricted procedure with prior publication of notice provided for in § 60 may be reduced to 22 days, unless the contracting authority at least 52 days, but no more than twelve months before the date of dispatch of a notice in accordance with the paragraphs 46 and 50 has sent a prior information notice in accordance with article 53 on the publication of Commission. In open procedures the offer period begins with the date of dispatch of the notice and in restricted procedures prior notice with the date of dispatch of the invitation to tender. The prior information notice must contain the information listed in annex VIII (part A) to publicize a prior information notice, insofar as they exist at the time of publication of the prior information notice.

Shorter supply and participation in periods when using electronic media



62. (1) unless notices using the relevant standard form electronically and transmitted electronically according to the procedures for the transmission of notices and releases made manifest by the Federal Chancellor pursuant to § 50, can be



1. in the open procedure the regular offer period (§ 60 para 1) or the shortened offer period (§ 61) and 2nd in the restricted procedure with prior publication of notice in the negotiated procedure with prior publication of notice and in the competitive dialogue be shortened the deadline for receipt of requests to participate in the procurement procedure (section 59) by seven days.

(2) the offer terms in the open and restricted procedures with prior notice (section 60) can be shortened to five days if the principal from the date of first availability of the respective notice records electronically has made free, direct and fully available the tender documentation and all additional the award procedure. In the notice the Internet address is to specify, under which these documents are available.

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

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



section 63. The contracting authority may, provide the restricted procedure with prior publication of notice and the negotiated procedure with prior publication of notice unless compliance with the regular or the shortened deadlines in accordance with sections 59 to 62 is not possible for reasons of urgency, following deadlines:



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

2. at least 10 days for the entrance which requests to participate in the procurement procedure, was calculated from the date of dispatch of the notice, unless the notice by using the relevant standard form created electronically and electronically according to the procedures for the transmission of notices and releases delivered made manifest by the Federal Chancellor pursuant to § 50;

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

4. subsection

Regular minimum time limits for procurement procedures in the threshold area

Participation deadlines



section 64. In the restricted procedures with prior publication of notice in the negotiated procedure with prior publication of notice and in the competitive dialogue, the deadline to be fixed by the contracting authority for receipt of requests to participate in the procurement procedure is at least 14 days. It begins with the first-time availability of the publication in accordance with § 55 and ends with the date up to which the requests to participate must be received no later than.

Offer deadlines



Section 65 (1) the open procedure at least 22 days the period to be fixed by the contracting authority for the receipt of tenders. If not a day for the earliest possible pick up the tender documents is specified in the notice, the offer period begins with the first-time availability of the publication in accordance with § 55. It ends with the time up to the offers must be submitted at the latest.

(2) in the case of the restricted procedure, the period to be fixed by the contracting authority for the receipt of tenders is at least 22 days. It begins with the date of dispatch of the invitation to tender and ends with the date up to which offers must be received no later than.

5. subsection

Shorter deadlines for contracting procedures, lower threshold area

Shortened supply periods when using electronic media




§ 66. The offer period in the open and the restricted procedure (section 65) can be shortened to three days if the client from the time of the initial availability of the respective notice records electronically has made free, direct and fully available the tender documentation and all additional the award procedure. In the notice the Internet address is to specify, under which these documents are available.

Shorter terms and offer deadlines



section 67. The contracting authority may shorten in particularly justified cases, in particular for reasons of urgency, the minimum supply periods and the participation terms. The reasons for a reduction have to be recorded in writing.

5. section

Suitability of the entrepreneur

1 subsection

To exclude from participation in the procurement procedure entrepreneurs

Grounds for exclusion



Section 68 (1) the customer has - without prejudice to paragraph 2 and 3 - entrepreneurs from participating in the contract award procedure to exclude if



1. the principal knowledge of a final conviction against them or - if there are legal entities, partnerships of under commercial law, registered partnerships or associations--has physical persons working against in their management, which relates to one of the following facts: membership in a criminal organization (Section 278a of the Penal Code - StGB, Federal Law Gazette No. 60/1974), bribery (sections 302, 307, 308 and 310 of the Criminal Code; § 10 of the Federal Act against unfair competition, 1984 - UWG) , BGBl. No. 448), fraud (sections 146 ff StGB), infidelity (§ 153 StGB), gift acceptance (section 153a StGB), promotion abuse (§ 153b of the Criminal Code) or money laundering (§ 165 StGB) or a corresponding offence in accordance with the regulations of the country in which the operator has his seat;

2. against a bankruptcy or insolvency proceedings, a judicial composition proceedings, a moratorium or a compulsory composition initiated or rejected the opening of bankruptcy proceedings due to lack of sufficient assets;

3. they are in liquidation or cease their commercial activities or set;

4. against them or, in the case of legal entities, partnerships of under commercial law, registered partnerships, or working groups - against physical persons who are engaged in the management, a final judgment for a crime, has been providing their professional conduct in question;

5. serious misconduct, in particular against provisions of the labour, social or environmental legislation, have committed in the course of their professional activities, can justify the contracting authority

6. they have not fulfilled their obligations to the payment of social security contributions or taxes and duties according to the regulations of the country in which they are established, or in Austria, or 7 have in obtaining information regarding the power, professional reliability, technical performance, as well as the financial and economic performance of substantially false statements made himself guilty she or does not provide this information.

(2) to entrepreneurs, has been initiated against which a bankruptcy or insolvency proceedings, a judicial composition proceedings, a moratorium or a compulsory composition or that are in liquidation or winding up its commercial activities, contracts under the negotiated procedure referred to in paragraphs 29 par. 2 may be awarded but Z 3 Z 7 and 38 para 2, if their capacity to do so is sufficient.

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



1 on their participation in exceptional cases for compelling reasons of public interest can not be waived, or a slight backlog in terms of social security contributions or taxes and charges is 2. in the case of para 1 No. 6 only.

2. subsection

Eligibility requirements and evidence of suitability

Time of the existence of the suitability



§ 69. without prejudice to the regulation of § 20 para 1 has the power, performance, and reliability at the latest



1. in the open procedure at the time of the opening of the bids, 2nd in the restricted procedures at the time of the invitation to tender, 3. the negotiation process basically at the time of the invitation to tender, 4th in the open competition at the time the template of the competition works, 5 not open and charged contest at the time the prompt to submit contest works, 6 at the framework agreement at the relevant time, in accordance with the chosen type of procedure to conclude of a framework agreement in accordance with no. 1 to 3, as well as a renewed call the offer period, and 8 in the competitive dialogue at the time of the invitation to tender are available to the competition at the time of the sequence of the offer period, 7 for a dynamic purchasing system at the time of admission to a dynamic purchasing system, as well as in the separate invitation to tender in accordance with § 158 at the time of the procedure.

Request of the documents by the customer



Section 70 (1) the contracting authority may by entrepreneurs who take part in a tendering procedure require evidence that their



1 professional power, 2. professional reliability, 3. financial and economic performance, as well as 4 technical performance is given.

(2) evidence may be required by entrepreneur only so far as it is justified by the subject of the order. This, the client has to take into account the legitimate interests of the contractor to protect of his technical or trade secrets.

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

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

(5) includes the subject matter exclusively services the same authority is required, so all members have in the case of the tenders by a bidding consortium to demonstrate the appropriate authority. In the case of the tender of a total capacity that requires different powers in different disciplines, each Member of a consortium has to prove the powers for the performance part specifically incurred to him.

Proof of the power of



§ 71. The customer shall have as proof of the existence of the relevant authority in accordance with article 70, paragraph 1, that the entrepreneur is authorized according to the regulations of the country of his origin to provide the specific service, to demand: Z 1



1. According to the legislation of the country of origin of the entrepreneur a certificate of registration in the respective Annex VII of listed professional or trade register of the country of origin or the template of the annex VII declaration referred to or affidavit, or 2. in the event of a service order the template of the permission required in the country of origin of the contractor to perform the relevant service or a certificate concerning the in the country of origin of the contractor to perform the relevant service membership required to a particular organization.

Proof of the General 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.

(2) evidence may be for exclusion



1. in accordance with article 68, paragraph 1 Z 1 to 4 by submitting a statement emerges from 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 entrepreneur from the, that this exclusion does not exist and 2. in accordance with article 68, paragraph 1 No. 6 by submission of the final statement of the competent social security institution or the last valid direct debit display of the competent financial authority or equivalent documents of the competent authorities of the country of origin of the entrepreneur provided.


(3) be in paragraph 2 mentioned certificates, direct debit ads, account 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 cases provided mentioned, can the client 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 demand , that not in accordance with article 68, paragraph 1 Z 1 to 4 grounds for exclusion.

(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 special professional reliability



Section 73 (1) to assess the professional reliability in accordance with article 70, paragraph 1 Z 2 candidates coming for the procurement procedures in considering, tenderers and their subcontractors has the customer information from the Central Administration criminal evidence of the Federal Minister of finance in accordance with section 28B of the aliens Employment Act (aliens), Federal Law Gazette No. 218/1975, to catch up. The information should not be older than six months.

(2) the customer has to consider in particular the information from the central administrative penalty evidence according to para 1 assessing the reliability of the tenderer. When a bidder for this information shows final punishment in accordance with article 28, paragraph 1 Z 1 aliens, is the required reliability not given, unless he makes credible that he 1 aliens is not unreliable Z despite the existence of legal sanctions in accordance with article 28, paragraph 1.

(3) to the Glaubhaftmachung in accordance with paragraph 2, the bidder has to demonstrate that he has put specific organizational and personnel measures are suitable, placing a behavior that 1 aliens Z has led to a punishment in accordance with article 28, paragraph 1, to prevent further.

(4) as measures within the meaning of paragraph 3 shall apply in particular



1. the intervention of an organ of the internal audit to the periodic review of the existence of the required permits with respect to the foreigners employed in the company;

2. the introduction of a need for approval by a body of corporate management or internal control for the recruitment of foreigners;

3. the introduction of internal liability and compensation rules to comply with the provisions of the aliens;

4. the introduction of a high-quality report and control system.

(5) the customer has to examine the argument of the tenderer and to assess its reliability. The principal has when assessing the reliability of the tenderer measures taken in a relative to the severity of the final punishment in accordance with § 28 para to put 1 Z 1 aliens. When the severity of the final punishment in particular is illegal employed workers and the duration of the illegal employment taken into account. More than two final punishment in accordance with article 28, paragraph 1 Z 1 aliens exist or were carried out two final punishment in accordance with article 28, paragraph 1 Z 1 aliens at short time intervals, is a more stringent standard to apply.

Proof of the financial and economic capacity



74. (1) as evidence of the financial and economic capacity in accordance with article 70, paragraph 1 Z 3 the customer in particular demand:



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

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



1. information on the number of employees employees;

2. information about participations;

3. information about capital, fixed assets, real estate.

Proof of the technical performance of



75. (1) as for the technical performance of verification in accordance with article 70, paragraph 1 Z 4 the principal depending on the type, amount or extent and intended use of the goods to be delivered, to performing works or services request the evidence mentioned in paragraph 5 to 7. Others may not require the contracting authority as the evidence listed in para 5 to 7.

(2) the contracting authority requires evidence of services rendered (references), it is, if the recipient was a contracting authority, to teach in the form of a certificate issued by the contracting authority or accredited, which the beneficiary can directly submit to the contracting authority. The beneficiary has been a private contractor, is in the form of a certificate issued by the beneficiaries or, if such confirmation is not available, by a simple declaration of the contractor to provide evidence of services rendered (references).

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



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

2. value of performance;

3. time and place of service provision;

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

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

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



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

2. a description of the technical equipment, of the measures of the entrepreneur to the quality assurance and investigation and research opportunities of the entrepreneur;

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

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

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

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

7. a statement showing, about what equipment, which devices and which technical equipment will have the contractor for the execution of the order;

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

9. for supply contracts, for the installation or Assembly work the certificate that the entrepreneur has also for installation or Assembly work erforderliche vocational qualifications, vocational skills and experience are required.

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



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

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

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

4. construction services, whose art justifies a corresponding request by the principal, the indication of the environmental management measures, that the entrepreneur may want; apply during the execution of the order

5.

a statement showing, which features what equipment and what technical equipment the contractor for the execution of the order will have;

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

7. an indication of which parts of the contract of the contractor sub contracts may assign intends;

8. the certificate that the contractor owns the required professional qualifications, vocational skills and experience for the provision of construction services.

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



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

2. a description of the technical equipment, of the measures of the entrepreneur to the quality assurance and investigation and research opportunities of the entrepreneur;

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

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

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

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

7. a statement showing, about what equipment, which devices and which technical equipment will have the contractor for the execution of the order;

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

9. an indication of which parts of the contract of the contractor sub contracts may assign intends;

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

Proof of performance by other entrepreneurs and in bidding and working groups



An entrepreneur for a particular job can rely § 76. (1) to demonstrate of its prowess on the capacities of other contractors regardless of the legal nature of the links between him and these entrepreneurs. In this case, he must provide evidence that for the execution of the order proved resources with other companies to the extent required actually provided him.

(2) under the same conditions also bidding and working communities may rely on the capacities of their members or other contractors.

Quality assurance standards and standards for environmental management



77. (1) requires the customer to prove that the entrepreneur meets certain quality assurance standards, the delivery of certifications independent bodies, it is on quality assurance procedures to refer, which comply with the relevant European standards (in particular series ÖNORM EN ISO 9000) and from appropriate locations are certified, required the European certification standards (in particular places, which are certified according to ÖNORM EN 45 000 standards series). Equivalent certificates from bodies of other Contracting Parties of the EEA agreement must be recognised. The client must recognize equivalent evidence of quality assurance measures in any other form, especially if the entrepreneur proves that he may not apply for the relevant certificates or not obtained within the relevant time limits.

(2) requires the contracting authority in the in section 75 para 6 Z 4 and paragraph 7 are 6 cases to detect Z that the entrepreneur the submission of certificates of independent bodies, so certain standards for environmental management complies with, he has on the Community system for eco-management and audit (scheme EMAS) or standards for environmental management related to take that on the relevant European or international standards based on and certified by bodies , which comply with Community law or the relevant European or international standards of certification. Equivalent certificates from bodies of other Contracting Parties of the EEA agreement must be recognised. The contracting authority must recognize also other evidence of equivalent environmental management measures, in particular if the entrepreneur proves that he may not apply for the relevant certificates or not obtained within the relevant time limits.

3. subsection

Special provisions for the lower threshold area

Possibility of seeing the proof of the authority, reliability, and performance



§ 78. In the threshold area the contracting authority in the awarding of construction contracts, with an estimated order value does not reach 120 000 euros, and the procurement of supplies and services, with an estimated order value does not reach 80 000 euro, can refrain reliability and performance of a proof of the power, the absence no doubt as to the existence of a tenderer or candidate's fitness on the basis of an assessment of the client.

6 article

The invitation to tender

1 subsection

General terms and conditions

Principles of the tender



Section 79 (1) the services must, be, published if not an award procedure without prior publication of notice will be applied, in time allow the procurement according to the procedures of this Federal Act.

(2) in the design and tender environmentally friendly services is to refer in the tender documents on technical specifications suitable for the planning and tendering of environmentally friendly products and environmentally friendly processes and it are taken into account. In the tender documents, technical specifications should - if possible - be determined taking into account the criteria of access for people with disabilities or design for all users.

(3) that tender documents are so elaborate that the comparability of the offers is ensured and prices without assuming not calculable risks and – if not a functional specifications pursuant to § 95 3 - can be determined without extensive work by the bidders.

(4) as far as only a constructive specifications pursuant to § 95 para 2 takes place in an open or restricted procedure, the description of the services are, and the other provisions so drawn up that she used in same version both the offer and the contract can be.

(5) calls for proposals in accordance with article 22, paragraph 2 must be such that the bidder part price can make.

(6) the invitation to tender provides for the performance of the whole or part same variants, the tender is so designed that the variant price bidder can make.

(7) in the tender documents, only a place for the legally binding signing of the offer by the bidder must be provided.

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

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

Content of the tender documents



Section 80 (1) in the notice or in the tender documents is to call the principal or the principal and the issuing authority as well as to indicate whether the advertised power is allocated according to the provisions of this Federal Act for the upper or the lower threshold band and the regulations implementing and what award authority for the control of this tendering procedure is responsible.

(2) in the tender documents are deemed necessary or the subsequently on request by the client to evidence pursuant to the sections 71 to record 72, 74 and 75, as far as they had not already listed in the notice.


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

(4) the customer can specify the positions deemed essential in the tender documents.

(5) the tender documents contain technical specifications to.

(6) in the call for tenders is to specify whether mathematically incorrect offers according to § 126 section 4 are excreted and whether a preliminary ranking as a consequence of the rectification of a mistake is allowed.

Alternative offers



Section 81 (1) only for contracts should be awarded according to the criterion of the technically and economically most favourable offer, can allow the principal alternative offers. The customer shall expressly indicate in the invitation to tender, whether and what kind of alternative offers are approved. If the principal has made no indication of the admissibility of alternative offers alternative offers are not allowed. The alternative tender is allowed, so alternative offers are allowed also, as far as not expressly otherwise is set in the invitation to tender only in addition to a proper tender offer.

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

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



Amendment offers



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

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

Subcontractor services



section 83. The transfer of the entire order is forbidden, excluded are contracts. The customer shall have to set in the tender documents are only the essential parts of the order anyway, or perhaps by means of sub orders attempt to award which the tenderer intends to announce. The transfer of parts of the performance is only to the extent permissible, as the sub-contractor possesses the power required for the execution of its part, technical, financial and economic capacity, as well as the professional conduct in accordance with the sections 72 and 73.

Compliance with labour and social legislation



In all procurement procedures to be conducted in Austria which are 84 (1) Conventions No. 29, 87, 94, 95, 98, 100, 105, 111, 138, 182 and 183 of the International Labour Organization, Federal Law Gazette No. 228/1950, no. 20/1952, no. 39/1954, no. 81/1958, no. 86/1961, no. 111/1973, BGBl. III No. 200/2001, Federal Law Gazette III No. 41/2002 and Federal Law Gazette III No. 105 / 2004 stemming to comply.

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

Ways and means of ensuring



85. (1) the bail, the bail, the Deckungsrücklass and the Haftungsrücklass are types ensure.

(2) is required a means to ensure that is so in the tender documents by the contracting authority as a means of such a bank guarantee set. She can be replaced at discretion of the to ensure debtor by a corresponding let reinsurance or by cash or cash equivalent amount.

Bail



§ 86. So if a bail is required, the amount set is. The bail is allowed except in objectively justified cases, exceed 5 per cent of the estimated value of the order. It is also to require that evidence of the payment of a Vadiums to resolve is the offer and the lack of such evidence is an irreparable defect. The bail is no later than 14 days after acceptance of the bid or withdrawal of the award procedure to reset, if it has not expired. No contract is awarded the contract deadline, the bail is to be returned no later than 14 days after the contract deadline. The bail is to be reset immediately when an offer for an additional charge not taken into consideration.

Barrier-free building



87. (1) the tender documents have to refer to the relevant provisions relating to barrier-free building. If such regulations for the concrete construction projects do not exist, the following minimum requirements of barrier-free construction must be provided for the planning and construction of new buildings, as well as for General renovations of buildings subject to the admissibility of the building:



1 basement access or difference in level arrangement of ramps with railings, as well as for horizontal transportation routes no individual levels;

2. sufficient passage widths;

3. sufficient movement areas;

4. disability-friendly design of the main entrance.

(2) the regulation referred to in paragraph 1 buildings or parts thereof are excluded from, where to get an opinion of an organization representing interests of people with disabilities nationwide, to accept is that there is no need of access for people with disabilities.

(3) section 1 shall apply also in tenders for the planning and construction and renovation of buildings and parts of the building, if not unduly raise the cost and there is a corresponding need.

Delivery of the tender documents and providing other documents



§ 88. (1) for the submission of tenders in open applies Article 58, paragraph 1.

(2) in the case of the restricted procedure and in the negotiated procedures are to submit the tenders with the invitation to tender or to simultaneously electronically available with appropriate understanding.

(3) in the case of open procedures is each candidate, in restricted procedures and negotiated procedures to give each candidate required to submit a proposal under the same conditions, to inspect documents, all to create the offers the possibility to make copies and, as far as it is intended or used to purchase them.

(4) the name and the number of candidates who inspect or acquire such documents are to keep secret.

Cost of tender documents



§ 89. In open procedures, a charge opaque production costs (paper, printing or reproduction costs, costs for the disk) and postage charges may be required for the call for tenders. Ensuring appropriate may be required for documents that are given away free of charge, but to be back. A fee must be provided to the remaining procedure only in justified cases.

Amending the tender




Modify the regulations be 90. (1) during the offer period required, to correct the tender documents and, if necessary, also the notice and, if necessary, to extend the offer period.

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

2. subsection

Special tender regulations on electronically submitted bids

Requirements for the submission of electronic tenders



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

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

Communication channels



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

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

Document formats



Article 93. The customer has the format of the document or the document formats, where offers and offer elements can be created to set non-discriminatory basis and to announce no later than in the tender documents. For offers that are created in a single document, and offer main parts only document formats, can be fitted with a secure electronic signature may be prescribed.

Encryption



Section 94 (1) the customer has the allowable or allowable encryption and decryption procedure to apply to offers that are, to announce not later than in the tender documents.

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

3. subsection

The service description

Types of performance description



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

(2) in the case of a constructive description of services services are to break down after part of services to be provided in the contract specifications.

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

Principles of the specifications



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

(2) in the case of a functional specifications, the technical specifications referred to in article 98 have the performance target to describe that all conditions relevant for the preparation of the offer and circumstances can be seen as sufficiently accurate and neutral. From the description of the services the purpose of the final performance, as well as the demands placed on the performance of technical, economic, creative and functional must so far be, that the comparability of the offers in regard to the contracting authority specified performance or functional requirements is guaranteed. Performance and functional requirements must be clarified so sufficiently that they convey a clear idea about the subject of the order of the candidates and tenderers and allow the award of the contract the contracting authority. A functional description of the performance has to contain technical specifications as well as plans, drawings, models, samples, patterns and the like, as far as they exist at the client's premises.

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

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

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

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

Performance listing



Extensive services in the contract specifications are § 97. (1) when a constructive specifications to break down. A summary of overall performance to go ahead has the breakdown.

(2) appropriate guidelines, such as Önorm are for description, or expansion of certain services or standardized service descriptions, available, this should be to attract. The customer can make different specifications in the tender documents in individual points of. The reasons for the different specifications are be stated by the contracting authority and to announce the entrepreneurs on request without delay.

(3) in addition, following specifications to be observed are in the creation of service specifications:



1. the overall performance is to break down so that under the individual ordinal (position) only benefits the same type and pricing appear, which are as accurate as possible in terms of volume to determine on the basis of project documents or other information. Services which generate one-time costs, are as far as this is equivalent to industry standard pricing from those who lead time or quantity-dependent cost, to capture in separate positions;

2. the summary of related services of various kinds and price formation in a position, in particular by main and ancillary services, shall only take if exceeds the value of the other as the value of a performance, that the separate price indication would be low importance. The overview and the detailed description of the performance must not be impaired by the summary. However, in special cases, you are fringe benefits, E.g. special preparations or unusual cargo services, understanding in our own positions (fringe benefits as main services);

3. in the service catalog is to determine to what extent suitably to break down prices (E.g. wages, other, delivery, Assembly). Variable rates have to be arranged, so are prices at least in wage-related and other price shares to break down;

4. individual services can origin of raw and auxiliary materials according to type, quality, quantity, place of performance and the like also optionally written out in separate positions (choice positions). Also, these performances are to undergo the competition in the foreseen quantity and taken into account when determining the total prices for certain advertised variants.

Technical specifications



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

(2) without prejudice to the conformity with Community law, defined national technical regulations, technical specifications are to be defined



1. in accordance with the following rank order: a) national standards, to implement European standards, b) European technical approvals, c) common technical specifications, d) international standards and other technical reference systems established by the European standardisation bodies or e) if such standards and specifications are missing, national standards, national technical approvals or national technical specifications for the planning, calculation and design of buildings and the use of products , where is any reference to provide all with the addition "or equivalent", or 2. in terms of performance or functional requirements, or 3.

in terms of performance or functional requirements according to no. 2 by reference to technical specifications in accordance with no. 1 as a means of presumption of conformity with such performance or functional requirements, or 4 referring to technical specifications in accordance with subpara 1 in respect of certain features and in terms of performance or functional requirements with regard to other characteristics.

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

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

(5) recognised bodies within the meaning of that provision are those testing and calibration laboratories and inspection and certification bodies which comply with applicable European standards. The client must acknowledge certificates of other Contracting Parties of the EEA-based recognized bodies.

(6) requirements for the environmental goals of performance lays down Z 2 form of performance or of functional requirements according to para 2, so can client refer to the description of the performance specifications or parts thereof, which are set in European, national, multinational or in any other eco-label, provided that



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

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

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

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

4. subsection

Provisions on the performance contract

Provisions of the Treaty



Unless the contract provisions are seen in the description of the performance, they're 99. (1) to set clearly and comprehensively so that a unique service level agreement can come. For the following information, if necessary, their own policies in the service level agreement to set are:



1. meeting times and any fixed date transactions;

2. contractual fines (penalty);

3. seizures;

4. types of prices; at varying prices, the rules are - if relevant ÖNORMen have been declared non-existent and applicable - and enabling conditions to set a unique price conversion;

5. additional or reduced services;

6 bonuses;

7 advance payments;

8. applicable law and place of jurisdiction;

9 provisions relating to arbitration;

10 special features relating to the technical execution;

11 departures from generally accepted or customary rules of execution;

12. the nature of the verification of compliance with certain requirements, E.g. in terms of the quality of the material;

13. conditions of particular social (such as women, disabled, social and employment issues) or environmental content to meet are during the provision of the services, unless these terms and conditions in the contract notice or in the tender documents have; been made known

14. material, that incurred in the course of the execution of the performance (ownership, transfer, use, compensation);

15 packaging;

16. place of fulfilment;

17 partial and final adoption;

18 billing, accounting, payment and default interest;

19 Services Director prices (eg admissibility, evidence);

20 provision of tender or offer documents and reports in accordance with article 23;

21 compensation of specific elaborations in the course of preparation of a quotation;

22 collecting of elaborations in accordance with article 23;

23 warranty and liability;

24 insurance companies.

(2) the contractor may take further provisions on the performance contract. Are appropriate guidelines for the Treaty provisions as ÖNORMen or standardized service descriptions are so to attract them. The customer can make different specifications in the tender documents in individual points of. The reasons for the different specifications are be stated by the contracting authority and to announce the entrepreneurs on request without delay.

5. subsection

Special provisions for the lower threshold area

Choice of the principle of contract



section 100. In the threshold area the contracting authority can award the contract to the technically and economically most favourable offer or the offer with the lowest price. Should the contract be awarded the technically and economically most favourable offer, all award criteria, it provides for their use, to specify relative importance to has the contracting authority in the contract notice or in the tender documents. Such commitment for understandable reasons is not possible according to the customer's all award criteria, it provides for their use, to specify in the order of importance to has the contracting authority in the contract notice or in the tender documents. Provided in the contract notice or in the call for tenders no determination concerning the principle of the surcharge, the surcharge is to grant the offer with the lowest price.

7 section

Trace of individual procurement procedures

The open procedure



Open procedures are 101. (1) in the relevant publication media in accordance with the articles 46, 50 to 52 and 55.

(2) the number and name of the entrepreneurs, who have expressed their interest to participate in an open procedure, are to keep secret until the opening of the bids.

(3) in the open procedure, entrepreneurs can submit their offers within the offer period.

(4) during an open process may be not negotiated with the bidders about an offer change.

Participants in the restricted procedure without prior publication of notice and the negotiated procedure without prior publication of notice



§ 102. (1) in restricted procedures without prior notice and in negotiated procedures without prior publication of notice has the invitation to tender only to authorized, to be powerful and reliable contractor. Those conditions are to check in advance and hold it firmly.

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


(3) the number of the to request entrepreneur is set according to the performance. She must be in restricted procedures without prior publication of notice under five. Without prior notice she may exceed negotiated, if not the performance can be provided only by a particular contractor or urgent, compelling reasons exist, existence of a sufficient number of qualified, efficient and reliable contractors not under three.

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

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



Restricted procedure with prior notice and negotiated procedures with prior publication of notice are 103. (1) in the relevant publication media in accordance with the articles 46, 50 to 52 and 55.

(2) requests to participate can be made by mail or electronically. Expressions of interest can be submitted by phone or by fax on participation.

(3) the contractor requires the performance of subcontractors, to prove its own performance, he has to announce the potential subcontractors and to submit their performance and certificates relating to professional conduct and evidence with the application form.

(4) opportunity to participate in the restricted procedure with prior publication of notice and the negotiated procedure with prior publication of notice is entrepreneurs, who have made requests to participate in time on the basis of the notice, and which are in accordance with the articles 68 to 78 as a competent, efficient and reliable, in accordance with para 6 and 7 to give.

(5) the contractor may obtain only the contents of the requests to participate after the deadline for their submission. On the examination of the requests to participate a transcript is to write, in which all the circumstances essential to the assessment of requests to participate to hold. On request, inspection of its application for participation section of the transcript is the candidate to grant. In the design of the transcript carefully aims to take.

(6) the number of to request entrepreneur is set according to the performance, but must be in restricted procedures with prior publication of notice under five. With prior notice she may be negotiated at existence of a sufficient number of qualified, efficient and reliable contractors not under three. The number must ensure genuine competition and must be stated in the notice. The objective and non-discriminatory selection criteria have the specific requirements of to the execution of performance to take into account and are known to give the notice.

(7) received more requests to participate than the number specified by the client to request entrepreneurs as a result, so has the principal among the qualified, efficient and reliable entrepreneurs based on the selection criteria to select the best candidates. The determinants of the selection have to be recorded in comprehensible form. The client has requested not to tender applicants of this decision immediately, anyway, but a week in the implementation of an accelerated procedure in accordance with sections 61 to 63, 66 and 67 three days after completion of the selection, notifying them of the reasons for the non-approval to communicate. The reasons for the non-approval are not known to give, unless the disclosure of such information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition.

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

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



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

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

3. a note on the published notice;

4. providing of the documents, which may include;

5. If necessary, provided the documents on the Internet are provided, the Internet address (URL), under which the documents on the Internet are available;

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

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

The restricted procedure



Entrepreneurs required to submit offers can submit their offerings § 104. (1) the restricted procedure within the offer period.

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

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

The negotiation process



§ 105. (1) the customer has to negotiate to determine the best for him offer in accordance with the award criteria made during negotiation process with several bidders with them through the entire contents of the performance. In the implementation of negotiated procedures with a tenderer, the contracting authority with this over the entire contents of the performance may negotiate to determine the best for him offer in accordance with the award criteria made. The contracting authority may disclose information not in such a way discriminatory that certain bidding against other bidders may be favoured.

(2) a negotiated procedure can be performed with multiple bidders in successive stages. The ordering party may reduce the number of tenders on the basis of the award criteria announced. The customer shall have those tenderers whose Angebote not further be taken into account, to notify immediately of this decision. The procedure selected by the contracting authority is to announce in the invitation to tender or in the tender documents. In the final phase of a negotiation procedure with several bidders have so many offers must, be provided that a sufficient number of suitable bidders remains, that genuine competition is guaranteed. If only a suitable bidder remains due to the reduction in the number of deals, negotiations with only one bidder in the final phase of the negotiating process are allowed.

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

(4) in the case of the implementation of negotiated procedures without prior notice in the upper sill and the implementation of negotiated procedure in the threshold area the contracting authority in the tender may reserve, that he leads in the case of fully elaborated and comparable tender negotiations only with the tenderer of the lined-best offer and he only conducts negotiations with other tenderers, if the negotiations are not successfully concluded with the tenderer of the lined-best offer.

(5) on the published award criteria may, unless in the tender documents do not otherwise laid down, no change will be made during the negotiating process.

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

8 section

The offer

1 subsection

General rules for offers

General terms and conditions




§ 106. (1) the Tenderer has to keep open or restricted procedure in the preparation of the offer in the tender documents. The required text of the tender documents may not be modified or supplemented.

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

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

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

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

(6) an adjustment of the tender or of the call for tenders is from the perspective of an entrepreneur, so this immediately has to inform the customer. The customer shall, if necessary, carry out an adjustment pursuant to article 90.

(7) the tendering of a certain product with the addition "or equivalent", is exceptionally in accordance with article 98, paragraph 7 and 8 so the bidder can specify an equivalent product in free lines (bid gaps) of the output directory. The bidder has to do the proof of equivalence. The products referred to in the tender documents as examples is considered to have been offered, if no other products were used by the tenderer in the free lines of the output directory. If products referred to by the bidders do not meet the criteria stated in the tender documents the equivalence after expert examination, the advertised product is only offered if the offeror has stated this in a cover letter to the offer.

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

Form of tenders



Offers must have the form prescribed in the tender documents article 107 (1). Disk replacement, the delivery of an automatically of created, proud, printed out, and duly bearing short specification is permitted, if also the description created by the client, the performance of the tenderer will be submitted duly signed or acknowledged.

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

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

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

Content of bids



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



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

2. announcement of the subcontractor, whose performance is required, insert of the required certificates and proof that the Tenderer has their capacity or when the financial and economic performance of the principal of collateral necessary for the implementation of the total order for the proof of the capability of the tenderer. Announcement of all parts or - unless the customer - provided this in the tender documents only the essential parts of the contract, that the bidder anyway, or possibly to forgive intends by means of sub contracts to third parties. The eligible contractors are known for giving proof of their competence and professional reliability. The naming of several subcontractors per power unit is allowed. The liability of the contractor is not touched by this specification;

3. proof that a possibly requested bail was imposed;

4. prices, including all required breakdowns and the if necessary explanations; in the specification or in the short service catalog prices at the positions, are to enter; no price is ejected for a position, this is so in the bid to explain;

5. If necessary, at varying prices according to article 99, paragraph 1 Z 4 information required;

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

7. the enumeration of the offer enclosed documents, the evidence for the power, the reliability, the financial and economic and technical performance, were required in accordance with the paragraphs 71, 72, 74 and 75, as well as those documents, which separately filed (E.g. samples, pattern);

8 any alternative or amendment offerings;

9. date and legally binding signing of the tenderer.

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

Special provisions concerning the content of the offers in functional specifications



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

(2) the offer has to be created by the tenderer service specifications with quantities and prices for all parts of the functionally described performance to include, where necessary, drafts and other documents referred to in article 96 paragraph 2, based on which, along with detailed explanation of the specifications are in principle.

(3) the offer must contain the Declaration that the bidder is responsible for the integrity of its data, in particular the quantities themselves determined by him, either without restriction or a quantity tolerance to specify in the tender documents.

(4) assumptions to which the offeror in particular cases is forced, because at the time of the offer specify individual services still cannot be determined according to type and quantity, if necessary, on hand to establish plans and investigations of amounts of, are available.

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

Submission of offers in the form of paper



110. offers in paper form are to be submitted in a sealed envelope within the offer period. Envelopes provided by the contracting authority should be used if at all possible. The envelope with the required password or, if such is not mandatory, with an inscription that is characteristic of the content is to provide. A disk is used for the invitation to tender, this is on the cover of especially (E.g. "warning disk") Note. In the same way, the packaging of components separately to be submitted must be marked.

Remuneration for the preparation of the offers




111. (1) offers are basically without creating separate compensation. The calculation and all necessary preparatory work, filling in the output directory and the creation of alternative or amendment offers are not considered as particular developments within the meaning of paragraph 3.

(2) If an allocation procedure for reasons, which the contracting authority has to revoke, the cost of the tender documents are the tenderers at least on request, to reimburse the candidates only against provisions of the tender documents.

(3) special papers are required for the preparation of the offer, is to provide a reasonable remuneration for this. This compensation is only payable if the offer meets the tender.

(4) If an award procedure before the end of the offer period revoked, to only those bidders whose Angebote already exist or who submit their offer or only a portion of already elaborated within three days after the notification of the revocation decision was sent off, the remuneration referred to in paragraph 3. The remuneration is proportionally to calculate part elaborations. Will revoke an allocation procedure after expiry of the offer period, the compensation to all those bidders that have made an offer that corresponds to the call for tenders.

Surcharge period



112. (1) the surcharge period starts upon the expiration of the offer. It includes the time period within which the acceptance of the bid is intended. The contract period is short. She shall not exceed five months if not in some cases compelling reasons already in the tender documents a longer period was specified; This must not exceed seven months. No surcharge period is specified in the invitation to tender a month is it.

(2) during the contract period, the bidder is bound to his offer. At the request of a client, a bidder may extend the binding effect of his offer. Following a request from a bidder, whose offering is, for a contract award not taken into consideration, the principal may dismiss these binding on its offer. In this case, the customer shall have to reset a possibly hunted bail.

(3) a candidate or tenderer in due time submitted an application in accordance with article 20, paragraph 1, then the advertiser - has if it is an offer that comes for a procurement procedures into consideration - on reasoned request of the entrepreneur, whose recognition -, Gleichhaltungs - or confirmation procedure still was completed, to extend the surcharge period by one month and it a reasonable grace period to the presentation of the recognition , To put the same attitude or confirmation. This does not apply to procedures referred to in §§ 28 para 2 No. of 3, 29 par. 2 Nos. 3, 6 and 7, 30 para 2 No. of 3 and 38 para 2 No. 3 as well as for accelerated procedures in accordance with sections 61 to 63, 66 and 67.

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

2. subsection

Special provisions for electronically transmitted services

General provisions for electronically transmitted services



113. (1) the submission of bids by electronic means in accordance with article 43, paragraph 3 or article 91, paragraph 1 is approved, so a bidder may submit an offer or not offer elements in paper form in addition to its electronically supplied service. This does not apply offer elements as evidence concerning the power professional reliability, financial, economic or technical performance, provided that these parts of the offer are not electronically available.

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

Form encryption and secure signing of the offer



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

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

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

(4) the offer consists of several components of the offer, the bidder to ensure that the verifiability of the completeness, authenticity and authenticity of the offer with the quality of the secure electronic signature is guaranteed. This can be done in particular by a secure concatenation of all offer elements in accordance with section 115.

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

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

Safe chain offer components



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

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

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

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

Authority to issue regulations



section 116. The Federal Government may adopt further provisions relating to the procedure for the electronic transmission of offers, tenders and offer custody and the standardized processing of procurement procedures electronically in the interest of securing free and fair competition, the legal protection of the bidder, in the interest of a uniform and legally-compliant approach to the award of contracts, as well as to ensure of a possible economic approach related to the handling of procurement procedures electronically through regulation.

9 section

The percentage method.

1 subsection

Reception and opening of bids in paper form

Receipt and custody of bids



117. (1) has the authority to submit are the offers, to note the date and time of the entrance on the sealed envelope. All listings must be entered in the order of their arrival in a directory.

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

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

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

Opening of tenders



The offers at the fixed place, and at the appointed time, immediately after expiry of the offer period, to open are § 118. (1) in open and restricted procedures. The opening has to be composed of at least two knowledgeable representatives of the principal by a Commission. The bidders are in principle entitled to participate in the opening. You may be excluded only for good reasons by the opening of tenders. In this case, the opening by a Commission of at least three knowledgeable representatives of the principal is to make.


(2) in the case of negotiated procedures, no formal opening of tenders is required. Participation in the opening is the bidders not to allow. The result of the opening is to keep secret.

(3) before the opening of an offer is to determine whether it unopened and arrived before the offer deadline is. Offers came at the end of the offer period are not to open and marked as delayed arrives.

(4) the open offers are in the order in which they were entered in the input directory to provide with continuous numbers. It is to determine whether the offer is granting, from how many parts there and whether the listed as attachments as well as required in the tender parts of the offer (E.g. spreadsheet documents, proof of the Vadiums) actually exist. All present at the opening of the offer are to identify so clearly during the opening of the bids by the Commission, E.g. to punch that a subsequent change would be noticeable.

(5) from the offers - also alternative and modification services - are to read the following information and be recorded in the minutes:



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

2. the total price or the price with indication of the extent of any discounts and premiums, and if the assignment in parts or the whole performance or parts same variations also the overall prices of part of or part offer price, as well as the variant price; were intended,

3. essential explanations of bidder;

4. other relevant with regard to supplement criteria other than price bidder information expressed in figures, whose immediate reading is possible and reasonable, and was announced in the tender documents.

From writing the tenderer with which individual prices or the total price of the offer be changed, only the changed individual unit or position price as well as the modified total price or offer price known are allowed. Other details may not be brought to note the bidders. If a misreading of same would be impractical due to the wide range of prices, are the tenderers who so request, has been proven to announce the prices within three working days.

(6) it is to include a transcript, in which in addition to the information required under paragraph 3 to 5 to enter is:



1. date and time of beginning and end of the opening;

2. business number, subject, and note on the nature of the proceedings;

3. the names of those present;

4. absolutely required, but non-existent supplements;

5. Notes on the obvious shortcomings of the offer.

The transcript is to be signed by the members of the Commission. On demand is the bidders - so they were eligible to take part in the opening - a copy of the transcript to follow.

(7) after the opening the transcript, to protest the offers and their envelopes, so that they are unauthorized inaccessible.

2. subsection

Reception and opening of electronically transmitted services

Receipt of tenders



Section 119 (1) for electronically transmitted offers is the date of the receipt of the offer of a bidder by a time-stamping service to document and confirm the respective bidders immediately. Time of the time stamp service is to make interactive readable interactive procurement process solutions. All listings must be entered in the order of their arrival in a directory.

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

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

Storage of the offers



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



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

Opening electronically submitted tenders



The offers at the fixed place, and at the appointed time, immediately after expiry of the offer period, to open are § 121. (1) in open and restricted procedures. The opening has to be composed of at least two knowledgeable representatives of the principal by a Commission. The bidders are in principle entitled to participate in the opening. You may be excluded only for good reasons by the opening of tenders. In this case, the opening by a Commission of at least three knowledgeable representatives of the principal is to make.

(2) in the case of negotiated procedures, no formal opening of tenders is required. Participation in the opening is the bidders not to allow. The result of the opening is to keep secret.

(3) before the opening of an offer is to determine whether it is encrypted in accordance with the requirements of the client and no unauthorised access took place. Offers came at the end of the offer period are not to open and marked as delayed arrives.

(4) the open offers are in the order in which they were entered in the input directory to provide with continuous numbers. It is the authenticity of the offer to determine (in particular whether the offer with a secure electronic signature is provided), and also to determine consists of how many parts the offer and whether the listed as attachments as well as required in the tender parts of the offer (E.g. spreadsheet documents, proof of the Vadiums) actually exist. All data rates present at the opening of the offer are so clearly to indicate that a subsequent change would be noticeable during the opening of the bids by the Commission.

(5) from the offers - also alternative and modification services - are to read the following information and be recorded in the minutes:



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

2. the total price or the price with indication of the extent of any discounts and premiums, and if the assignment in parts or the whole performance or parts same variations also the overall prices of part of or part offer price, as well as the variant price; were intended,

3. essential explanations of bidder;

4. other relevant with regard to supplement criteria other than price bidder information expressed in figures, whose immediate reading is possible and reasonable, and was announced in the tender documents.

From writing the tenderer with which individual prices or the total price of the offer be changed, only the changed individual unit or position price as well as the modified total price or offer price known are allowed. Other details may not be brought to note the bidders. If a misreading of same would be impractical due to the wide range of prices, are the tenderers who so request, has been proven to announce the prices within three working days.

(6) it is to include a transcript, in which in addition to the information required under paragraph 3 to 5 to enter is:



1. date and time of beginning and end of the opening;

2. business number, subject, and note on the nature of the proceedings;

3. the names of those present;

4. absolutely required, but non-existent supplements;

5. Notes on the obvious shortcomings of the offer.

The transcript is to be signed by the members of the Commission. On demand is the bidders - so they were eligible to take part in the opening - a copy of the transcript to follow.

(7) after the opening to keep unauthorized being inaccessible or save the transcript and the deals are.

3. subsection

Examination of tenders and termination of services

General terms and conditions



Article 122. The testing and assessment of an offer is to transfer only such persons who meet the technical prerequisites for this. If necessary, are unbiased and independent of the bidders experts to consult.

Procedure for the examination



123. (1) the examination of the offers in technical and economic terms according to the criteria laid down in the invitation to tender must be made.

(2) in particular is to examine



1 whether they have complied with the principles stated in article 19, paragraph 1;

2. the power, performance, and reliability of the tenderer or - sharing services - the designated subcontractor;

3. If the offer is mathematically correct;

4. the adequacy of rates;

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

(3) the examination of offers which are eligible for an award not taken into consideration, can be limited to one of the criteria referred to in paragraph 2.

Dubious pricing



124. (1) the price of position with the on the basis of the quantity and the unit price does not match offer unit prices verifiable price, so apply the specified amount and the offered price of the unit. There are variations, between the offered unit prices and a possibly present price analysis the offered unit prices shall apply.

(2) adjustments are to be noted clearly in the offer.


(3) for offers with fixed prices only this without regard to such specified price breakdown shall apply.

Verifying that the prices - advanced range testing



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

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

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



1. offers one in relation to the performance unusually low total price exhibit, 2. offers are too high or too low unit prices in essential positions in accordance with section 80, paragraph 4, or well-founded doubts as to the appropriateness of prices are 3. after the examination referred to in paragraph 2.

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



1. in the price of all essential positions all directly allocatable personnel, material, equipment, outwork - and capital costs are included and whether the income and consumption approaches are traceable;

2. the unit price (fixed price, best director) for higher-quality services offered in principle later became for poorer services;

3. which is explained according to § 97 para 3 Z 3 requested or made by the tenderer in accordance with article 109, paragraph 2 breakdown of prices or of the total price (in particular the wage share) from the experience.

(5) in the course of the in-depth examination of offer, the client of the tenderer must demand a binding written - when less significant ambiguity also verbal or telephone - reconnaissance. The inspection has to be carried out, taking into account the explanations received and the evidence submitted by the tenderer may. The customer shall in particular comments as regards the cost-effectiveness of selected manufacturing or construction process or the provision of services, the technical solutions chosen, exceptionally favourable conditions, possesses the bidder for the provision of the service to take into account the originality of the performance offered by the bidders, the labour and social provisions applicable at the place of the provision or the possible granting of State aid to the bidder in the review accordingly. The information obtained by the Tenderer shall must be in the minutes of the examination of the offers. If the estimated value of the contract is not reached 120 000 euro, may be waived by the procedure referred to in this paragraph.

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

Approach to the defectiveness of the offers



126. (1) arise in the examination of the offers ambiguities about the offer, including any variants, alternative or modification offers, or the planned nature of the implementation, or defects are ascertained, shall, unless the ambiguities for the evaluation of the offers of importance are to require a mandatory written clarification from the bidder. The written information given by the tenderer or the evidence possibly submitted by the bidders are joining in the minutes of the examination of the offers. If the estimated value of the contract is not reached 120 000 euro, may be waived by the procedure referred to in this paragraph.

(2) the further procedure possibly caused by the issued clarifications should the principles of § 19 para 1, 101 paragraph 4, 104 (2) and 127 don't hurt.

(3) an offer has such shortcomings, that an edit cannot be expected to the contracting authority, it is eliminated.

(4) mathematically incorrect offers are, unless this was set in the invitation to tender, to consider, if the sum of the absolute amounts of all corrections - increasing or decreasing – 2 per cent or more of the original total price without VAT is then no further. Corrections by page carry-over of the subtotals in the offer (transmission errors), which do not share expected, disregarded this. A preliminary ranking as a consequence of the rectification of a mistake is, except the customer has explicitly defined otherwise in the tender, inadmissible.

Educational talks and discussions



Only enlightenment calls to get information about financial and economic or technical performance and information which are necessary for assessing the appropriateness of price, meet the minimum requirements and equivalence of alternative or modification offers, are § 127. (1) during an open or restricted procedure permitted.

(2) discussions relating to essential technical changes of small scope and it is minor changes of in prices, are allowed, respecting the principles of § 19 para 1 in alternative and alteration services.

(3) educational talks and discussions are attempts to do. Reasons and results have to be recorded in a transcript.

Minutes of the exam



Section 128 (1) over the examination of tenders and their results is to submit a transcript, in which all the circumstances essential to the evaluation of the offers to hold are.

(2) the total prices, which is arising - in part allocation over the relevant overall prices of part of - after examining the offers was each bidder entitled to participate in the opening of the bids, to provide information. Consultation in its any improved offer or in the calculation of his offer to grant is any bidder.

(3) on request, inspection of its section of the transcript is the bidder to grant. In the design of the transcript carefully aims to take.

Withdrawal of offer



129. (1) has to withdraw following offers the customer on the basis of the outcome of the test before of the election of the offer for the contract award decision:



1. offers by bidders, to exclude from participation in the procurement procedure according to § 20 paragraph 5 or in accordance with article 68, paragraph 1 are;

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

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

4. offers, where the offeror specifies no prizes but only explains to undercut the cheapest offer a certain percentage or value;

5. offers, in which a bail was required whose proof when opening of bids but is missing;

6 late got bids;

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

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

9 are mathematically incorrect deals not to take into account in accordance with the specifications in the invitation to tender;

10 offers from bidders not required;

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.

(2) before the election of the offer for the contract award decision, the principal can excrete offers from bidders who have failed, within the time limit provided them lacks the required clarifications to give or their investigation of a comprehensible justification.

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

4. subsection

The supplement

Choice of the offer for the contract



Section 130 (1) of the offers that remain after being eliminated, is the surcharge as indicated in the invitation to tender to grant the technically and economically most favourable offer or the offer with the lowest price.


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

Notification of the contract award decision



§ 131. The customer shall immediately and demonstrably notify bidders remaining in the contract award procedure, the surcharge is to be granted what bidders. The communication of the award decision has to be made electronically or by fax. Unless a verifiable delivery is not possible by fax or electronically, is the communication of the award decision by letter to submit. In this communication are the remaining bidders the respective end of the standstill period in accordance with section 132, to announce the reasons for the rejection of their offer, the tender sums as well as the characteristics and advantages of the successful offer, if not the disclosure of this information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition. A commitment to the communication of the award decision shall not, if



1. a negotiated procedure in accordance with article 28, paragraph 1 Z 1 or 2 Z 1, article 29, paragraph 1 Z 1 or 2 Z 1, article 30, paragraph 1 Z 1 or paragraph 2 No. 1 with only one contractor, or 2. a negotiated procedure according to § 28 para. 2 Z 2-5, § 29 par. 2 Z 2, 3 and 5 to 7 or § 30 para 2 Z 2-5 , or 3 following a contest of the competition, or 4 a a negotiated procedure according to § 30 para 2 No. 6 with the winner negotiated procedures referred to in article 38, paragraph 2 was carried out Z 3 or paragraph 3, 5. the supplement to those entrepreneurs will take place, which alone is party to a framework agreement, or 6 of the supplement to those entrepreneurs will take place, which was prompted after conducting a competitive dialogue solely to tender , 7 in a procedure for the award of a contract with prior notice only an offer is received, or 8 immediately awarded a performance on the basis of a framework agreement without a renewed call for the competition.

Standstill period, cancellation of the contract award, assertion of invalidity



132. (1) the supplement may be granted other absolute nullity within a standstill period 14 days. The standstill period begins when a submission electronically or by fax with the announcement of the communication of the award decision, when a delivery towards corresponded with the dispatch of the communication of the award decision. In the case of the award of contracts on the basis of a dynamic purchasing system, after accelerated proceedings because of urgency in accordance with the sections 63 or 67, by way of an electronic auction, on the basis of a framework agreement or after conducting a tendering procedure in the threshold area reduces the standstill period to seven days.

(2) a surcharge has been in breach of the obligation according to § existing 131, first sentence, to the communication of the award decision is absolutely null and void.

(3) is determined by a contracting authority that



1. an award directly to a contractor took place, without that other entrepreneurs this allocation procedure involved, and 2. This was manifestly inadmissible on the basis of the provisions of this Federal Act, so the contract is null and void at the time of the final determination.

Effectiveness of the bid



section 133. During the contract period, the contractual relationship at the time concluded, to which the bidder shall receive written communication by the acceptance of his offer. If the contract period is exceeded, the contractual relationship arises only with the written statement of the tenderer, that he accepts the order. To make of this Declaration, one is the bidder reasonable time to put.

Form of the conclusion of the contract



Section 134 (1) which is to be issued by order confirmation, order form or conclusion Certificate Supplement. The contracting authority may require the contractor a signed order confirmation (opposite conclusion certificate).

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

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

10 section

Termination of the procurement procedure

Basic



135. (1) the award procedure ends with the 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.

Documentation requirements



136. (1) clients have each allocated job on every building concession contract awarded, each completed frame agreement and each furnished dynamic purchasing system or a notice of the cancellation of a procurement procedure to make a contract award notice on, consists of at least the following:



1 the name and address of the contracting authority, 2. subject and value of the order, of the building concession contract, framework agreement or the dynamic purchasing system, 3. the name of the considered candidates or tenderers and the reasons for their selection, 4. the name of the excluded candidates or tenderers and the reasons for their rejection, as well as the names of the tenderers whose Angebote were eliminated, and the reasons for the dismissal , 5 the name of the successful tenderer and the reasons for the selection of his offer and - if known - the proportion of the contract or the amount of the framework agreement, the successful bidder to third parties to disclose intends the 6.

-except construction concession contracts - the justification in accordance with the articles 36 and 42 for the implementation of a negotiation procedure, a competitive dialogue or a restricted procedure without prior notice, 7, if necessary, the reasons which the principal has waived the awarding of a contract, the conclusion of a framework agreement, or the establishment of a dynamic purchasing system.

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

(3) the customer can refrain from creating an award notice or a notice of the cancellation of a tendering procedure in accordance with paragraph 1 in procurement procedures, with an estimated order value does not reach 120 €000, provided that the information referred to in paragraph 1 Z 1 to 7 without much effort from the procurement documentation are shown.

Archiving in procurement procedures conducted by electronic means



section 137. The customer shall have at least four years from the termination of the procurement procedure to keep all relevant documents concerning the procedure of an electronic public procurement procedure or all relevant documentation about each allocation procedure submitted offers by electronic means. This concerns in particular documents about the access documentation in accordance with § 120 Z 3.

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



Section 138 (1) is before the offer deadline to revoke an allocation procedure, if circumstances become known which would she been known before initiation of the tendering procedure, a tender closed out or would have led to a content considerably different tender.

(2) the contracting authority an award procedure may revoke if for objective reasons.

Reasons for the revocation of a procurement procedure after expiry of the offer period



139. (1) after the expiry of the offer period is a procedure to revoke, if



1 circumstances become known, that, had they been known before initiation of the tendering procedure, a tender would have excluded 2 circumstances become known, which, had they been known before initiation of the tendering procedure, had resulted in a content considerably different tender or 3 no offer is received, or 4 after the departure of services remains an offer in the contract award procedure.

(2) a procurement procedures may be revoked if



1. only an offer is received, 2 after the departure of offers in accordance with section 129 remains only an offer, or objective reasons exist for 3.

Announcing the revocation decision, standstill, ineffectiveness of withdrawal



§ 140. (1) the contracting authority has to inform immediately and demonstrably that it intends to revoke the award procedure,



1. in the case of section 139, paragraph 1 Nos. 1 and 2 and § 139 paragraph 2 No. 3 all bidders, 2.

in the case of section 139, paragraph 1 Z 4 and § 139 paragraph 2 No. 2 all bidders whose Angebote but were eliminated, the severance decision however still not legally 3. in the case of § 139 paragraph 2, Z is 1 the bidder, whose offering is received as a single, 4. in the case of § 139 paragraph 2 is the bidder, whose offering only one remained no. 2.

The notification of the revocation decision has to be made electronically or by fax. Unless a verifiable delivery is not possible by fax or electronically, is the communication of the revocation decision to submit by mail. In this communication, the respective end of the standstill period in accordance with paragraph 3 or 4, as well as the reasons for the proposed revocation are the bidders to announce.

(2) in the case of § 138 is the revocation decision in the same way to make like the tender. So far, this is possible, has the principal applicants, that the tender documents were issued or bidders immediately and demonstrably electronically or by fax to announce that he intends to revoke the award procedure. In the notice and in the communication are to announce the reasons for the proposed revocation and the respective end of the standstill period.

(3) the revocation may be explained in other invalidity during a standstill period of 14 days. When a submission electronically or by fax, the standstill period begins with the announcement of the communication of the revocation decision, when a delivery towards corresponded with the sending of the notification of the revocation decision. In the case of a notice of the revocation decision pursuant to paragraph 2 withdrawal for ineffectiveness of other may be not declared during a standstill period of 14 days from the first-time availability of publication of the notification of the revocation decision.

(4) the standstill period can be shortened to seven days at



1. accelerated procedures because of urgency in accordance with the § § 63 or 67, 2. a procurement through an electronic auction, 3. negotiated procedure with only one contractor, 4 the implementation of procurement procedures in the threshold area, 5. a revocation of the procedure for the award of a contract, because after the departure of offerings, no offer or only offer the procedure remains, or only offer is received , 6 procedures for the award of a contract on the basis of a framework agreement or a dynamic purchasing system.

(5) to the notification of the revocation decision there is no obligation, if no offer is received.

(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. Already got offers 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. In procurement procedures in the threshold area, the publication of the notice of withdrawal on the Internet is enough. With the Declaration of the cancellation at the end of the standstill period, contracting authorities and bidders win back their freedom of action. Already got offers are to be returned after the Declaration of revocation on request. The timing of the Declaration of revocation is proven to document.

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

4. main piece

Provisions for special orders and special procedures

1 section

Non-priority services procurement

Not priority service contracts



141. (1) only the provisions of this section, the part 1 with the exception of section 2 apply to non priority services contracts by client Z 16, § 3 para 1, 6, 9, 10, 12 para 1 and 3, 13, 16, 21, 44, 49, 98 and 132 para 3 of 4 to 6 part of this Federal Act.

(2) not priority service contracts are awarded by contracting authorities in accordance with the community freedoms, as well as the prohibition of discrimination. As far as this is deemed necessary on the basis of the value and the object of the order, not priority service contracts are basically in a procedure with several entrepreneurs, through which a reasonable degree of publicity is guaranteed and that complies with the principle of free and fair competition, to forgive. By a notice of proceedings, only distance can be taken, if one exists in the SEC. 30 para 2 or 38 para. 2 Z 2 or 4 conditions.

(3) the procurement of non priority service contracts in a free-form process is permissible only up to an estimated order value of EUR 40 000 directly to a selected contractor (direct assignment). Not priority service contracts on intellectual services in a negotiated procedure without prior notice with only a contractor is allowed, provided that the implementation of economic competition on the basis of the cost of the procurement process for the customer is not economically viable and the estimated value of the order 50vH of the respective threshold value in accordance with article 12, paragraph 1 not reached Z 1 or 2.

(4) in the upper sill, awarded not priority service contracts referred to in article 54 are to announce.

(5) any any outward appearance setting of the client applies as a separately appealable decision. The client has to announce the contractors remaining in the proceedings except in objectively justified exceptional cases, the simultaneous or revocation decision and observe a reasonable, to be fixed by the contracting authority standstill period. The supplement or revocation must be granted to other invalidity or ineffectiveness during the standstill period laid down or explained.

2. section

Award of concession contracts of construction of and awarding works contracts to third parties by building concessions

General information



§ 142. (1) for the procurement of construction concession contracts by contracting authorities apply only the provisions this section, 1st part, §§ 3, 4, 7, 9 paragraph 2, 10, 12 to 14, 18 to 23, 37, 38, 41, 43 to 52, 55, 68-70, 76, 79, 91-94, 98, 113 to 116, 117 paragraph 3 and 4, 120, 129-140 , the 4 to 6 part as well as the rules referred to in this section.

(2) if the award of concession contracts of construction of, the contracting authority may choose between the open procedure, the restricted procedure with prior publication of notice and the negotiated procedure with prior publication of notice. Subject to the conditions of article 34, the contracting authority building concession contracts also in means of the competitive dialogue may award. In this case, the paragraphs 159 to 162 shall apply mutatis mutandis.

(3) the part 1 with the exception of article 2 apply 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, 12 to 14, 19 para 1, 23, 49, 55 and 132 (3), the 4 to 6 part as well as the provisions , is referred to in this section.

Deadlines



Section 143 (1) for the calculation, the calculation and the extension of deadlines apply the sections 56 and 57.

(2) contracting authorities who wish to award a concession contract, have a time limit for the receipt of applications for the concession to set the



1. in the upper threshold area at least 52 days from the date of dispatch of the notice, or

2. in the threshold area at least 14 days, calculated from the date of dispatch of the notice, be must.

(3) in the case of the award of construction contracts has a construction of concessionaire, which itself is subject to the provisions of section 3, paragraph 1, to set deadlines as follows:



1. in the upper sill the deadline for the receipt of requests to participate on no less than 37 days, calculated from the date of dispatch of the notice, and the deadline for the receipt of tenders not less than 40 days, from the date of dispatch of the notice or of dispatch of the invitation to tender;

2. in the emerging area the deadline for the receipt of requests to participate on not less than 14 days, calculated from the date of dispatch of the notice, and the deadline for the receipt of tenders not less than 22 days, from the date of dispatch of the notice or of dispatch of the invitation to tender.

(4) the time limits laid down in paragraph 2 and 3 may be shortened according to § 62 and section 66.

Order disclosure to third parties



section 144. The contracting authority can



1.

require that building concessionaire % of the total value of the works, which are the subject of the concession, has awarded a minimum rate of 30 to third parties, whereby the minimum level can however be increased by the applicant the minimum rate must be specified in the concession contract; or 2 which require licence applicants to specify in their offers, what percentage - if any - of the total value of the works, which are the subject of the concession, they want awarded to third parties.

Special provisions for the procedures for the award of contracts by construction concessionaires which are not contracting authorities



Have construction concessionaires who are not contracting in the sense of § 3 para 1, § 145 (1) works contracts to a third party in accordance with the community freedoms, as well as the prohibition of discrimination and, as far as this is deemed necessary on the basis of the value and the object of the order, is basically guaranteed in proceedings with several entrepreneurs, through the a reasonable degree of public and which corresponds to the principles of free and fair competition , to forgive. By a notice using standard forms in accordance with the articles 46, 47 and 50 to 52, only distance can be taken in the upper sill, if one of the conditions referred to in article 28, paragraph 2.

(2) any any outward appearance setting of the client applies as a separately appealable decision. The client has to announce the contractors remaining in the proceedings except in objectively justified exceptional cases, the simultaneous or revocation decision and observe a reasonable, to be fixed by the contracting authority standstill period. The supplement or revocation must be granted to other invalidity or ineffectiveness during the standstill period laid down or explained.

(3) companies that have joined together, to get the concession, as well as with relevant companies associated companies are not considered third parties.

(4) the application for a licence is a complete list of the companies associated with the company to add. This list must be brought up to date, if later in the relations between the company changes arise.

3. section

Provisions relating to the implementation of electronic auctions

Basic



146. (1) If an open procedure, a restricted procedure with prior publication of notice, a negotiated procedure according to § 28 para 1 Z 1, 29 par. 1 Z 1 performed Z 1 or 30 par. 1, or orders on the basis of a framework agreement for a renewed call for competition in accordance with the procedure of § 152 paragraph 5 and 6 should be on the basis of a dynamic purchasing system to a separate invitation to tender in accordance with the procedure of article 158 awarded , the offer, the contract should be awarded, can be determined through an electronic auction.

(2) the contract through an electronic auction should be awarded, shall publish the notice pursuant to § 46, also on the Internet.

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



1. registration and identification requirements;

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

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

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

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

6 date and modalities of the termination of the auction;

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

8 dates;

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

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

11. If necessary, bail.

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

General provisions relating to the implementation of electronic auctions



All bidders that have made acceptable offers in the procedure preceding the auction in accordance with article 146, paragraph 1, are 147. (1) at the same time prompting electronically, to submit new prices and/or new values for the auktionierenden components in accordance with the specifications in the tender documents. The customer has to grant immediate, full and free electronic access to all documents relating to the auction all tenderers admitted to the auction from the date of dispatch of the invitation to participate in the auction. An electronic auction may begin not earlier than two working days after sending an invitation to participate in an auction.

(2) if the offer, the contract should be awarded is to be determined by way of an electronic auction to an open or restricted procedure with prior notice, participation in the opening of tenders tenderers is not permitted. The result of the opening is to keep secret.

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

(4) the contracting authority may terminate an electronic auction



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

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

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

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

(7) after an auction, the name of the successful tenderer together with the tender sums under the in the auction rules to disclose specified Internet address is immediately. In the case of the implementation of other electronic auction are the unsuccessful bidders without delay, at the same time and has been proven electronically notify also the reasons for the rejection of their offer, if these reasons not due to the information to be transmitted in accordance with the auction rules or to be available are immediately apparent. The notification or communication is regarded as notification of the award decision in the sense of § 131. The time of the initial availability of this information in accordance with sentence 1 in the Internet or the date of dispatch of the notification pursuant to sentence 2 is considered date of dispatch within the meaning of § 132.

(8) the cancellation of an auction is deemed revocation within the meaning of § 139. If an auction has been canceled, are to announce the reasons for the termination of the bidders at the Internet address set forth in the auction rules. The announcement is regarded as the revocation decision within the meaning of section 140. Date of dispatch of the revocation decision within the meaning of section 140 is considered to be the time of the initial availability of this information in accordance with sentence 2 in the Internet.

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

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

Special provisions for the implementation of simple electronic auctions




Only offers concerning the price are section 148 (1) simple electronic auctions pursuant to § 31 para 3 allowed.

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

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

Special provisions for the implementation of other electronic auctions



Section 149 (1) when performing other electronic auctions pursuant to § 31 para 4 is the principal of invitation to participate in the auction in accordance with article 147, paragraph 1 to connect the result of the first offer evaluation of the relevant tenderer. In the invitation to take part in the auction, the customer has to specify those mathematical formula according to which the auto new rows according to the proposed new values (regarding price or any other offer parts) are made in the electronic auction. This formula also the weighting of all in the notice referred to in section 46 or in the tender documents attesting to supplement criteria for the determination of the technically and economically most favourable offer. The award criteria are fixed values advance to set in, giving award criteria in the way of establishing a margin within which the criterion is, is inadmissible, as well as the mere ranking of the importance of the award criteria. Have been admissible way submitted alternative offers, as a mathematical formula must be specified for each alternative offer separately.

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

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

4 section

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

General information



150. (1) public contracts may be awarded on the basis of a framework agreement, provided that the framework agreement was completed 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.

(2) alone the provisions of this section, the 1st and the 4th to 6th part, as well as the rules referred to in this section shall apply for the award of public contracts on the basis of these framework agreements.

Framework agreements



151. (1) the customer shall in the notice referred to in section 46 or - if a negotiated procedure without prior publication of notice - in the invitation to tender to determine whether a framework agreement to be completed with a single or multiple companies. Should a framework agreement is to be concluded with several entrepreneurs, the customer shall have the number of entrepreneurs in the notice, or - to specify if a negotiated procedure without prior publication of notice - in the invitation to tender. There are also small and medium-sized companies to the proceedings for the establishment of a framework agreement to participate in possible.

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

(3) the parties to the framework agreement will be to conduct an open process, a restricted procedure with prior publication of notice or a negotiated procedure in accordance with sections 28 to 30 as well as 38 par. 1. A framework agreement with a contractor is to conclude with that bidder has placed the offer best rated according to which or the published award criteria. A framework agreement with several entrepreneurs is to complete with those bidders that have kept the offers the top rated according to which or the published award criteria. Should a framework agreement is to be concluded with several entrepreneurs, so at least three parties must be involved, unless one has met the eligibility criteria sufficiently large number of entrepreneurs and one was submitted by allowed offers sufficiently large number. The determinants of the assessment of the bids have to be recorded in comprehensible form. The customer shall not considered bidders from this decision immediately, in any case, ten days after completion of the assessment of the offers, notifying them of the reasons of not taking into account and the name of the party or the parties to the framework agreement to communicate. The reasons of do not take into account are not known to give, unless the disclosure of such information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition.

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

(5) the duration of a framework agreement may not exceed three years. Unless this exceptionally, objectively may be justified in particular on the basis of the subject of the framework agreement, a maximum term of five years may be provided for. For this decisive reasons have to be recorded.

(6) upon the revocation of a framework agreement, the paragraphs 138 to 140 are to apply by analogy.

Award of public contracts on the basis of framework agreements



The parties may make no substantive changes to the terms of the framework agreement section 152 (1) in the awarding of public contracts based on a framework agreement.

(2) contracts should be awarded on the basis of a framework agreement concluded in accordance with article 151, are awarded in accordance with the procedures described in paragraph 3 to 6. These procedures are permitted only between the clients and that or those entrepreneurs, who were parties to the framework agreement from the outset.

(3) If a framework agreement is concluded with a single contractor in accordance with article 151, para. 3, of the supplement in terms of orders based on this framework agreement can



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

(4) If a framework agreement is concluded with several contractors in accordance with article 151, para. 3, the surcharge for orders based on this framework agreement shall



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

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



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

(6) with a renewed call to the parties to the contest in accordance with paragraph the contracting authority can award either the contract to 4 No. 2 after conducting an electronic auction in accordance with the sections 146 to 149, or after performing the following procedure:



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

2.

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

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

4. the contract is under the top rated offer to grant or the criterion laid down on the basis of the tender documents of the framework agreement or award criteria. The reasons for the award decision have to be recorded in writing. With regard to the notification of the award decision, the effectiveness of the bid and the form of the conclusion of the contract apply the paragraphs 131 to 134.

(7) for the revocation of a procedure in accordance with paragraph 3 to 6, the §§ 139 and 140 are to apply by analogy.

5. section

Provisions relating to competitions

General information



section 153. Only the provisions of this section, the 1st apply for carrying out competitions (idea competitions and realisation competitions) part, the §§ 3, 6, 9, 10, 12 para. 2 and 3, 13, 16, 19, 20 paragraph 1 to 3, 26, 35, 39, 42 to 52, 54 and 55, the 4 to 6 is referenced part and the provisions in this section.

Participation in the competition



154. (1) the open competition is open to all eligible.

(2) in the case of the restricted competition, the number of to invite participants according to the subject of the competition is to set. She must be in existence of a sufficient number of qualified, efficient and reliable entrepreneurs but not among three. The number must ensure genuine competition and must be stated in the notice. The clear and non-discriminatory selection criteria have to take into account the specific requirements of the subject of the competition, and are set in advance.

(3) opportunity to participate in the competition to give is candidates who have made requests to participate in time on the basis of the notice, and which are in accordance with the articles 68 to 77 as a competent, efficient and reliable, in accordance with para 5 and 6.

(4) on the examination of the requests to participate a transcript is to write, in which all the circumstances essential to the assessment of requests to participate to hold. On request, inspection of its application for participation section of the transcript is the candidate to grant. In the design of the transcript carefully aims to take.

(5) received more requests than the number set by the initiator to invite participants to participate in the episode, so has the promoter among the qualified, efficient and reliable candidates based on the selection criteria to select the best candidates. The determinants of the selection have to be recorded in comprehensible form. The organiser has all candidates of this decision immediately, to agree in any case, eight days after the conclusion of the selection. On request, the reasons for the non-approval to announce, if not the disclosure of this information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition are candidates invited to participate in the competition.

(6) received fewer requests to participate by authorized, powerful and reliable entrepreneurs than the number set by the initiator to invite participants in the episode, so the organiser can consider additional entrepreneur competition.

(7) to loaded competitions, at least three entrepreneurs are to invite. The call for participation has only to be carried out in accordance with articles 68 to 77 as empowered, efficient and reliable-looking entrepreneurs.

(8) in the case of ideas competitions performance and reliability in accordance with articles 68 to 77 - eliminates as far as this is not required on the basis of the subject of the competition - on the examination of the authority.

Carrying out of competitions



The assessment criteria for the jury in the order of their importance to specify are § 155. (1) in the notice of open or restricted competition in accordance with section 46. Loaded competitions, the assessment criteria for the jury in the order of their importance to announce in advance are the invited entrepreneurs.

(2) the rules applicable to the implementation of the competition are but in any case, interested parties to participate in the competition on request, invited entrepreneurs invited competitions to communicate.

(3) a competition rules to consider that at least following content has is the carrying out of competitions:



1. procedure of the Prize Court;

2. contest prizes and payments;

3. usage and exploitation rights;

4. provision of documents;

5. evaluation criteria;

6 specify whether one or more winners of the competition, are obtained in the latter case the number of winners.

7. exclusion criteria;

8 dates.

(4) the jury should consist only of judges, who are independent of the participants of the competition. A particular professional qualification is required by the contestants, at least one third of the judges must have the same or an equivalent qualification.

(5) the jury may obtain only after expiry of the period for the presentation of the content of plans and designs.

(6) the jury is independent when selecting the contest winner. It has to make this choice on the basis of competition works are submitted anonymously, and only on the basis of the assessment criteria. The jury has the precedence of the selected projects is to create a transcript, in which the individual competition works to respond to and record are any remarks of the Court of the price, as well as to Purifier any questions regarding individual competition works. These minutes can be signed by the judges. Applicants can be prompted if necessary to provide answers to questions that held the jury in writing to clarify certain aspects of the proposed competition works. About the about dialogue between the judges and candidates, a comprehensive protocol is to create, which is the transcript. The anonymity of the presented works is up to the selection of the Prize Court or to the if necessary, dialogue to maintain. The selection of jury is to present the promoter to the any other reason. The jury meetings are not public.

(7) competitions can be carried out one or more stages.

(8) for the delivery of plans and designs electronically in connection with the implementation of a competition, the sections 91 to 94, 113 to 116 and 119 shall apply mutatis mutandis.

(9) is in the connection to the realisation of a competition carried no negotiated procedure for the award of a service contract, so the organiser announced the decision on which contestants, prize money will be awarded or payments should be made, as well as the composition of the price court all contestants within eight days after his decision to give.

(10) following the implementation of a competition a negotiated procedure for the award of a service contract pursuant to § 30 para 2 carried no. 6, so the organiser has the decision on non-admission to participate in the negotiation process, as well as the composition of jury non-approved competition participants within eight days after his decision to announce.

(11) section 138 applies for the revocation of a competition for the phase preceding the contest works and § 139 mutatis mutandis for the phase after submission of the competition works. Section 140 shall apply to the notification of the revocation decision.

6 article

Provisions relating to the setting up and operation of one and the award of contracts on the basis of a dynamic purchasing system

General information



156. (1) public contracts may be awarded on the basis of a dynamic purchasing system, if the dynamic purchasing system was set up to conduct an open process without procurement procedures in accordance with the provisions of section 157.

(2) alone the provisions of this section, the 1st and the 4th to 6th part, as well as the rules referred to in this section shall apply for the award of public contracts on the basis of a dynamic purchasing system.

Setting up and operating a dynamic purchasing system



157. (1) a dynamic purchasing system may be solely on electronically set up and operated.


(2) the customer has the notice pursuant to section 46 in accordance with sections 50 to 52 and 55 electronically and also immediately publish to the Internet. The notice is to specify under which electronic address, the tender documents and all information and other documents required for the establishment and operation of the dynamic purchasing system are provided or the simplified contract notice in accordance with article 158 para 3 is published. As of the date of dispatch of the notice, the contracting authority has direct until the date of termination of the system in to grant unrestricted and free electronic access to all documents relating to the establishment and operation of the dynamic purchasing system.

(3) in the call for tenders are the services which are the subject of the dynamic purchasing system, clearly establish. All necessary information relating to the dynamic purchasing system, precisely specify in particular the used or the technical equipment required for the participation and the technical arrangements and characteristics of the connection are in it also.

(4) all in accordance with the tender documents for the establishment of the dynamic purchasing system are authorised, reliable and powerful bidders who have submitted acceptable non-binding declarations for the provision by electronic means in accordance with the § § 113 of up 115 and 119 para 3 open, are admitted to the dynamic purchasing system. The non-binding statements for the provision may be amended at any time by the bidders if they stay compatible with the specifications in the call for tenders for the establishment of the dynamic purchasing system.

(5) the term of a dynamic purchasing system may not exceed four years. If this exceptional subject matter can be justified, a longer period may be provided for. For this decisive reasons have to be recorded.

(6) for the duration of a dynamic purchasing system, every entrepreneur electronically can make a non-binding declaration for the provision and request to be admitted as participants in a dynamic purchasing system. The customer shall within a period of 15 days from receipt of the non-binding declaration on the services to determine whether it is in accordance with the tender documents for the establishment of the dynamic purchasing system to a qualified, reliable, and efficient bidding and whether it is in accordance with the tender documents to a permitted non-binding declaration on the provision. This period may be extended appropriately by the contracting authority, if not after the date of the arrival of the non-binding declaration for the provision a separate invitation to tender in accordance with § 158.

(7) if the contracting authority determines that it is a bidder that is authorized in accordance with the tender documents for the establishment of the dynamic purchasing system, reliable and efficient, and to a permissible in accordance with the tender documents non-binding declaration on the provision, the customer shall have to allow the bidders to the dynamic purchasing system. The bidder is immediate and proven by electronic means to communicate this decision. The customer shall tenderers admitted not to a dynamic purchasing system by this decision without delay and, notifying them of the reasons for not taking into account by electronic means to communicate. The reasons for the exclusion are not known to give, unless the disclosure of such information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition.

(8) the instrument of the dynamic purchasing system may be applied not improperly or in a manner by which competition is hindered, restricts or distorts.

(9) for the establishment, operation, and participation in a dynamic purchasing system, the contracting authority may charge no cost entrepreneurs.

(10) for the revocation of a dynamic purchasing system, the sections 138 and 140 are to apply by analogy.

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



158. (1), which will be awarded on the basis of a dynamic purchasing system established under section 157 will be exclusively according to a in paragraph 2 to 5 procedures electronically procured. This procedure is permitted only between the contracting authority and those entrepreneurs, participants of the dynamic purchasing system.

(2) for the allocation of each individual order, a separate invitation to tender shall be made.

(3) before a separate invitation to tender referred to in paragraph 2, the contracting authority in accordance with the specifications in the tender documents published a simplified contract notice on the Internet. This simplified contract notice has at least the particulars referred to in annex VIII (part A) for a simplified notice on a dynamic purchasing system to contain. In the simplified contract notice all interested entrepreneurs are to ask, within a period to be determined by the contracting authority, which exceed not less than 15 days from publication of the simplified notice, to submit a non-binding statement on the services according to § 157 paragraph 6.

(4) a separate invitation to tender is only admissible if the customer has decided on time electronically received non-binding declarations to the services according to § 157 paragraph 7 over all after a simplified contract notice referred to in paragraph 3.

(5) the surcharge is either after conducting an electronic auction in accordance with the sections 146 to 149, or after performing the following procedure:



1. the contracting authority calls on at the same time all bidders approved to a dynamic purchasing system electronically, to submit bids for the contracts to be awarded on the basis of the procurement system by electronic means. The principal will change to set a reasonable time limit for the submission of tenders.

2. the contract is under the top rated offer to grant or the criterion laid down on the basis of the call for tenders for the establishment of the dynamic purchasing system or award criteria. Unless this is provided for in the call for tenders, the award criteria laid down in the call for tenders for the establishment of the dynamic purchasing system in the special invitation to tender can be clarified. The reasons for the award decision have to be recorded in writing. With regard to the notification of the award decision, the effectiveness of the bid and the form of the conclusion of the contract apply the paragraphs 131 to 134.

(6) § 54 para 3 shall apply for the award notice.

(7) on the withdrawal of the special invitation to tender, the §§ 139 and 140 are to apply by analogy.

7 section

Provisions governing the competitive dialogue

General information



159. (1) apply for the implementation of a competitive dialogue solely the provisions of this section, the 1st part, sections 3 to 6, 9, 10, 19, 20 paragraph 2 and 3, 25 para 9, 34, 36, 43 and 50, 52-59, 62 to 64, 67 to 78, the 4 to 6 is referenced part and the provisions in this section.

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

Participants in the competitive dialogue



Section 160 (1) the customer has to formulate its needs and requirements in the notice of the competitive dialogue in accordance with section 46.

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



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

2. the suitability and eligibility criteria;

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

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

5. the award criteria;

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

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

(3) requests to participate can be made by mail or electronically. Expressions of interest can be submitted by phone or by fax on participation.

(4) applicants who have made requests to participate on the basis of the notice in time and which are in accordance with the articles 68 to 77 as a competent, efficient and reliable, are to invite on paragraph 6 to 8 to participate in the competitive dialogue, taking into consideration.

(5) on the examination of the requests to participate a transcript is to write, in which all the circumstances essential to the assessment of requests to participate to hold. On request, inspection of its application for participation section of the transcript is the candidate to grant. In the design of the transcript carefully aims to take.


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

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

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

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



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

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

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

4. a note on the publication of the notice;

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

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

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

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

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



Dialog phase



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

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

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

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

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

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

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



Invitation to tender and award of the contract



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

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

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

(4) the customer shall in accordance with the provided for in the description and, where appropriate, in the course of the invitation to tender referred to in paragraph 1 to select the technically and economically most advantageous offer complete or customized award criteria. If a notification of the contract award decision has to be made for the sections 131 and 132 apply.

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

(6) for the revocation of a competitive dialogue § 138 applies the offer period and section 139 mutatis mutandis for the phase to the phase before the end after expiry of the offer period. Section 140 shall apply to the notification of the revocation decision.

3 part

Procurement procedures for sector clients

1. main piece

Scope, principles

1 section

Personal scope

Sector client



§ 163. Clients are that after the sections 164, 165 and 166, this federal law except its 2nd part applies to procurement procedures by sector contracting authorities.

Contracting Authority as a sector clients



§ 164. As far as a contracting authority in accordance with article 3, paragraph 1 performs a sector activity (sections 167 to 172), he is sector clients.



Public companies as a sector clients



165. (1) as far as public enterprises exercising a sector activity (sections 167 to 172), they are sector clients.

(2) public undertaking referred to in paragraph 1 is every company on the contracting authorities on the basis of ownership, financial participation or the rules applicable to the company directly or indirectly may exert a dominant influence. The exercise of dominant influence is presumed when a contracting authority directly or indirectly



1. the majority of the subscribed capital of the company has or 2. the majority of the voting rights attaching to the shares of the company has or can order more than half of the members of the administrative, management or supervisory body of the company 3.

Private sector clients



166. (1) as far as contracting authorities who are neither public order boar nor public undertakings, pursue an sector activity (sections 167 to 172), they are sector contracting authorities, if they perform the mentioned activity on the basis of special or exclusive rights.

(2) special or exclusive rights referred to in paragraph 1 are rights that were granted by the competent authority by means of legal or administrative provisions 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.

2. section

Sector activities

Gas, heat and electricity




Sector activities are 167. (1) in the area of gas or heat:



1. the provision and the operation of fixed networks for supplying the general public relating to the generation, transport and distribution of gas or heat;

2. the supply of gas or heat to such networks.

(2) the supply of gas or heat to networks for the supply of the public by a contracting authority which is not a contracting authority, does not apply as an activity in the sense of paragraph 1, provided that



1. the production of gas or heat by the contracting authority necessarily arising from the exercise of an activity not covered by the falls paragraph 1 or 3, or the paragraphs 168 to 172, and 2 only aims the supply to the public grid, economically to take advantage of this production, and constitutes not more than 20 vH of the turnover of the customer on the basis of the remedy of the past three years, including the current year.

(3) sector activities are in the field of electricity:



1. the provision and the operation of fixed networks for supplying the general public in connection with the production, transport or distribution of electricity;

2. the supply of electricity in these networks.

(4) the supply of electricity to networks for the supply of the public by a contracting authority which is not a contracting authority, does not apply as an activity within the meaning of paragraph 3, provided that



1. the generation of electricity is carried out by the concerned customer because it is necessary for the pursuit of an activity which does not fall under that paragraph 1 or 3, or the paragraphs 168 to 172, and 2 only the concerned customer's own consumption depends on the supply to the public network and constitutes no more than 30 vH of total energy production of the customer on the basis of the remedy of the past three years, including the current year.

Water



Sector activities are section 168 (1) in the water sector:



1. the provision and the operation of fixed networks for supplying the general public in connection with the production, transport or distribution of drinking water;

2. the supply of drinking water in these networks.

(2) the supply of drinking water to networks for the supply of the public by a contracting authority which is not a contracting authority, does not apply as an activity in the sense of paragraph 1, provided that



1. the production of drinking water is done by the relevant customer because it is necessary for the pursuit of an activity not covered by the sections 167 to 172, and 2 only the concerned customer's own consumption depends on the supply to the public network and constitutes no more than 30 vH of the drinking water production of the client on the basis of the remedy of the past three years, including the current year.

(3) this federal law except its 2nd part also applies to the award of contracts and the implementation of competitions through contracting authorities who exercise an activity in the sense of paragraph 1, if such orders or contests



1 water construction projects as well as loading and drainage projects are related and she created it and to drinking water amount of water are more than 20 vH which constitutes the total water volume with the corresponding projects available, or 2nd with the derivation or clarification of wastewater in the context.

Transport services



169. (1) sector activities are the provision or operation of networks for the supply of public transport services on the rail, with automatic systems, tram, bus, trolley buses or cable (cable cars) in the field of transport.

(2) in the transport sector, a network exists when the traffic service in accordance with the conditions laid down by a competent authority is provided. These include determining the routes, the transport capacity and timetables.

Postal services



170. (1) sector activities are the provision of postal services and other services referred to in paragraph 4 relating to the post.

(2) postal services within the meaning of paragraph 1 are services involving the clearance, sorting, transport and delivery of postal items. These services include:



1. reserved postal services, postal services, are in accordance with article 7 of Directive 97/67/EC on common rules for the development of the internal market of Community postal services and the improvement of quality of service, OJ No. L 15 of the 21.01.1998, p. 14, for universal service providers are reserved, or may be reserved

2. other postal services, postal services which can be booked in accordance with article 7 of Directive 97/67/EC not for universal service providers are.

(3) a postal item within the meaning of paragraph 2 is a shipment addressed in the final form in which she carried, regardless of their weight. In addition to items of correspondence is this eg books, catalogues, newspapers and magazines as well as postal parcels, containing merchandise with or without commercial value, irrespective of their weight.

(4) other services within the meaning of paragraph 1 are services which are provided in the following areas:



1. management services for mail shipping offices (services before and after shipment, such as "mailroom management");

2. value added services are linked by electronic means and entirely are provided by these means (including the secure transmission of encrypted documents via E-Mail, address management services and transmission of registered E-Mail messages);

3. Services, the other as the programmes referred to in paragraph 3, as such not addressed direct mailings, regarding;

4. financial services in accordance with category 6 of annex III, in particular, postal orders and transfers;

5. philatelic services;

6th logistics services (services, where the material delivery or storage is combined with other postal duties), if these services are provided by a facility, which provides postal services within the meaning of paragraph 2, and this mail services not on markets with free access (§ 179) are directly exposed to competition.

Searching for and extracting oil, gas, coal and other solid fuels



§ 171. sector activities are activities for the use of a geographically defined area for the purpose of searching up and extracting oil, gas, coal and other solid fuels.

Ports and airports



§ 172 sector activities are activities for the use of a geographically defined area for the purpose of the provision by airports, ports and other transport devices for carriers in the air, sea or inland waterway transport.

Jobs that involve multiple activities



Section 173 (1) for an order to carry out several activities the provisions apply to the activity, which represents the main subject matter.

(2) is subject to one of the activities for which the procurement of performance is made, the provisions of 3rd part of this Federal Act, the other activity but not this federal law, and it is objectively not possible to determine what activity constitutes the main object of the contract, the order in accordance with the provisions of the 3rd part of this Federal Act to forgive.

3. section

Order types

Order types



section 174. For sector contracting regulations about order types (sections 4 to 9) of the 2nd part of this Federal Act.

4 section

Exceptions and exemptions from the scope

Procurement procedures are excluded from the scope of the Act



paragraph 175. This Act does not apply



1 for tendering procedures on the basis of federal or State regulations for secret explains are or, their execution on the basis of provisions of federal or State requires special security measures or when the protection of essential security interests so requires the Republic Austria, 2. for procurement procedures, which are subject to other rules of procedure and on the basis of the particular procedure of an international organisation conducted 3. procurement procedures , are subject to the other rules of procedure and on the basis of one in accordance with the Treaty between the Republic of Austria and one or more third countries carried concluded agreement on supplies, works, services or contests for a project to be achieved jointly by the Contracting Parties or to use, the Commission the conclusion of any agreement to share with is 4. procurement procedures, which are subject to other rules of procedure and on the basis of an international agreement relating to the stay of troops that relates to the company of a Member State of the community or a third country, be performed, 5. for service contracts, which are awarded by a contracting entity of the sector to a customer pursuant to § 3 para 1 or 164 on the basis of an exclusive right that this on the basis of published, matching with the EC Treaty legal or administrative provisions holds 6 for orders, makes a sector client with a facility providing a) from which the sector client has a supervisor as an own service point , and b)

the its services primarily for the or the sector contracting authorities (paragraphs 164 to 166) and contracting (§ 3 para 1) provides, who hold their shares or from which it is composed, 7 contracts for the acquisition or rental of or right in land or existing buildings or other immovable property irrespective of their financing arrangements, except contracts for financial services in any form, the at the same time , before or after the purchase or rental agreement be completed 8 for contracts for arbitration and conciliation activities, 9 for financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, in particular for businesses that serve the money or capital sector client, 10 for work contracts, 11 research and development services, unless its results are exclusive property of the sector contracting authority for its use in the exercise of his own activities and services will be complete by the customer of the sector tempered, 12 for the procurement of construction, delivery or services by sector clients from a central procurement office, as long as the central purchasing body in the procurement of this construction, delivery or services part of this Federal Act has complied with the provisions of the 2nd and the 3rd, 13th for the designation of a central procurement office by sector client with the procurement of construction, delivery or services for this sector client, as long as the central procurement agency for the procurement of this construction , Delivery or services the provisions of 2.  or of the 3rd part of this Federal Act 14 for jobs that forgives a sector contracting authority for the purpose of resale or lease to third parties to comply, 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 institutions have the opportunity to sell these goods under the same conditions as the concerned sector client or for rent , and the sector contracting authority of the Commission at their request tells all categories of goods and activities, his opinion under this derogation covered, 15 procurement procedures, which grants a sector contracting entity in accordance with the section 165 or 166 for purposes other than implementing their sector activities or to carry out sector activities in a State which is not party to the EEA Agreement, in a way or held that is connected not with the physical use of a network or geographical area in the territory of a party to the EEA Agreement and the sector the Commission at their request client tells all activities considers under this derogation covered, 16 for tendering procedures a sector contracting entity in accordance with section 164 for performing sector activities in a State which is not party to the EEA Agreement, in a manner or organized that is connected not with the physical use of a network or geographical area in the territory of a party to the EEA Agreement and the sector the Commission at their request client tells all activities covered his opinion under this exemption, 17 for contracts for the procurement of water required by sector contracting will be awarded, perform one or both of the sector activities referred to in article 168, paragraph 1 , 18 for contracts for the supply of energy or of fuels for power generation, which sector client awarded in article 167, paragraph 1 or 3, or section 171, performing one designated activities, 19 for sector contracting authorities who have operated or provided networks for supplying the public with bus transport services at the time of the entry of into force of this Federal Act unless at this time other companies either generally or for a particular , geographically delineated area had the opportunity to undertake the same task on the same terms as the relevant sector clients.

Orders to affiliated companies



176. (1) this Act does not apply to orders



1. that a sector contracting entity awards to an affiliated company, or 2. awards a joint companies, several sector contracting authority only to the implementation of sector activities were formed, to a company, associated with one of the clients of this sector, provided that the sales targets referred to in paragraph 2 and 3 are reached.

(2) the exceptions referred to in paragraph 1



1. for service contracts, provided that at least 80 per cent of the companies connected to service contracts of average turnover from the provision of these services for him by the affiliated companies during the last three years come;

2. for supply contracts, provided that at least 80 per cent derived of the affiliates of the affiliated companies during the last three years supplies of average turnover from the provision of these supplies for that with him;

3. for works contracts, provided that at least 80 per cent of the companies linked to construction jobs of average turnover from the provision of this construction work for him by the affiliated companies during the last three years come.

(3) no sales figures are available for the last three years, because the associated company was just founded or recently started its activity, it is sufficient if the company, due to forecasts of the development of the activity, plausibly, that the achievement of the respective is likely in para 2 of above sales target. Same or similar services, supplies or works by more than one with the sector contracting provided affiliates, so the percentages referred to in paragraph 2, taking into account of the total turnover are calculated, these affiliates achieve with the provision of services, supplies or works.

(4) this Act does not apply to orders,



1 which awards a joint enterprise, multiple sector contracting authority only to the implementation of sector activities were formed, one of this sector clients, or which are a sector clients on a joint undertaking in accordance with subpara 1 Awards 2., in which he is involved, provided that the joint venture had been built to carry out the activity for a period of at least three years, and is set in the Act establishing the joint undertaking , that sector contracting authorities forming this company will belong to the company at least during the same period.

(5) the sector contracting authorities the Commission at their request



1. the name of the company in accordance with paragraph 1 and 4, 2nd para 1 or 4 and 3 are according to the type and the value of the contracts the information that the Commission considers are required to prove that the relationships between the sector contracting and the companies or joint undertakings, to which place the orders, comply with the requirements of paragraphs 1 to 3 and of paragraph 4 , to communicate.

Construction and service concession contracts



section 177. This Federal Act shall apply with the exception of paragraphs 7, 8, 163-166, 210, 335, 344 and 345 para 1 to 3 for procurement of construction and services concession contracts. Construction and service concession contracts are by sector client in accordance with the community freedoms, as well as the prohibition of discrimination and, as far as this is deemed necessary on the basis of the value and the subject matter of the contract, basically in a procedure with several entrepreneurs, through which a reasonable degree of public is guaranteed and which corresponds to the principles of free and fair competition, to forgive. The procurement of construction and service concession contract in a free-form process immediately to a selected entrepreneurs (direct assignment) is allowed only if the estimated output value does not exceed 60 000 euro excluding VAT.

Exempted sector contracting entities in the field of searching up and extracting oil or gas



178. (1) this federal law applies, except for this provision, not for sector contracting authorities who use geographically delineated areas in Austria for the purpose of searching on or extracting oil or gas within the meaning of section 171 (exempted sector contracting authorities). For the award of works, supply or service contracts (§§ 4 to 6), this sector clients have only the community freedoms, to observe the prohibition of discrimination and the principles of free and fair competition and equal treatment of all candidates and tenderers. In particular, this sector clients have the companies that may have an interest in such orders, to provide sufficient and timely information on the contracts to be awarded. The payment has to be made on the basis of objective, non-discriminatory criteria.


(2) optional sector contracting authorities within the meaning of paragraph 1 have - if they are to sector contracting, which fall within the execution scope of a country, in the way of each country Government - the Federal Ministry of Economics and labour all information according to the standard form for contract award for each assigned order, whose value amounted to at least 5 million euros, to announce not later than 48 days after the award.

(3) exempted sector contracting authorities within the meaning of paragraph 1 have all information in accordance with the standard form for contract award for each assigned job, whose order value, amounted to at least 400 000 euro - unless it's to sector contracting, which fall within the execution scope of a country, in the way of each country Government - the Federal Ministry of Economics and labour to announce either on request of the Commission or at the latest 48 days after the end of each quarter of the calendar year. You have to store this information and the related documentation for at least four years from award of the contract.

(4) the Federal Minister for Economics and labour has to forward the information referred to in paragraph 2 and 3 through the permanent representation of Austria to the European Union to the Commission and to inform the Chancellor of.

Exemption from the scope of application



179. (1) procurement procedures by sector client is not covered under this federal law, if



1. this activity in Austria on a market with free access is directly exposed to competition and by a Commission decision has been recognised, or 2. an application referred to in paragraph 4 was made, access to a market as free in the sense of paragraph 2 apply Z 1 that competent independent authority has determined that the activity in a market with free access is directly exposed to competition for the activity and the Commission within the by her to be observed period has decided that the conditions for an exemption are not available, or 3. an application referred to in paragraph 5 was made and the Commission not within the period to be followed by you has decided that the conditions for an exemption are not available.

(2) access to a market considered 1st or 2nd - free, if you referred to provisions of Community law have been implemented in Austria in annex XVIII apply, provided the conditions of no. 1 are not met - if the proof is provided, that access to this market is de jure and de facto free.

(3) an activity is considered the competition directly exposed, if this is determined on the basis of criteria relating to the competition rules of the EC Treaty in accordance. These include in particular the characteristics of the goods and services, the existence of alternative goods and services, the prices and the actual or potential presence of multiple providers of goods and services.

(4) the Federal Minister for Economics and labor believe that activity in accordance with the paragraphs 167 to 172 on markets with free access is directly exposed to competition, he may request a corresponding statement to the Commission. He tells her all relevant information in particular on legislation, regulations, administrative provisions, arrangements and agreements that will indicate whether the conditions referred to in paragraph 2 and 3 are met. The independent authority responsible for the relevant sector activity issued a reasoned opinion, whether the activity in a market with free access is immediately exposed the competition, this opinion is the application to be attached. The request to the Commission must contain at least the information listed in annex I of to decision 2005/15/EC of the Commission. The introduction of the application by the Commission has in the way of the Federal Minister for Foreign Affairs to the be. By a submission, the Chancellor is to inform.

(5) an assign from the sector activity sector contracting authority of consider that an activity referred to in the paragraphs 167 to 172 on markets with free access is directly exposed to competition, he may request a corresponding statement to the Commission. In this case, he has to inform the Federal Minister for Economic Affairs and labour on the submission to the Commission. The request to the Commission must contain at least the information listed in annex I of to decision 2005/15/EC. The independent authority responsible for the relevant sector activity issued a reasoned opinion, whether the activity in a market with free access is immediately exposed the competition, this opinion is the application to be attached. The introduction of the application by the Commission has in the way of the Federal Minister for Foreign Affairs to the be. By a submission, the Chancellor is to inform. The Federal Minister for Economic Affairs and labour shall, provided that the relevant documents were not already provided the Commission by the applicant, all relevant information the Commission, especially about laws, regulations, administrative provisions, arrangements and agreements that will indicate whether the conditions referred to in paragraph 2 and 3 are met. Unless a reasoned opinion by the independent authority responsible for the relevant sector activity was not already submitted by the applicant, has the Federal Minister for Economic Affairs and labour to submit this opinion to the Commission.

(6) the Federal Minister for Economics and labour has to make known a decision or the Commission notice concerning a request in accordance with paragraph 4 or 5 without delay in the Federal Law Gazette.

5. section

Thresholds, calculation of the estimated value of performance

Threshold values



180. (1) sector contracting procedures to the award of contracts are carried out in the upper threshold area, if the estimated order value without VAT



1. for the supply and service contracts at least 473 000 euros;

2. in the case of works contracts at least 5 923 000 euros.

(2) competitions by sector client be upper threshold area when realisation competitions the estimated contract value of service orders without sales tax, taking into account any contest prizes and payments to participants or ideas competitions is the sum of the prizes and payments to participants at least 473 000 euros.

(3) sector contracting procedures to the award of contracts are made in the threshold area if the estimated order value excluding VAT does not reach the amounts referred to in paragraph 1. Competitions occur in the threshold area, if the estimated value of the order does not reach the amount referred to in paragraph 2, taking into consideration of the prizes and payments, or the sum of prizes and payments to participants.

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



181. (1) basis for the calculation of the estimated value of the order an order is the total value without VAT, by the contracting authority of the sector is expected to pay. In this calculation, the estimated total value of all the associated to the project services including all options and any renewals is taken into account.

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

(3) the estimated contract value of to write performance without VAT is by the sector contracting authority prior to the tendering procedure to identify knowledgeable. Relevant point in time for determining is the date of initiation of the procurement procedure by the contracting authority of the sector. In procurement procedures with a prior call for competition this is the time of despatch of the call for competition in accordance with § 207, at procurement procedures without prior call for competition the first after outside in defining common appearance.

(4) a procurement project may be divided for the purpose, to circumvent the application of the provisions of this Federal Act.

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

Calculation of the estimated contract value for works contracts



182. (1) consists of several lots, for each is awarded a separate contract, is estimated to be on order value, the estimated total value of all the lots as a construction project. Also commercial activities within the meaning of annex I apply a ticket within the meaning of this Federal Act (trades).

(2) in calculating the estimated contract value of construction orders, also of the estimated total value of all for the execution of the construction work required goods or services to be included, provided the contractor by the contracting authority of the sector available is next to the order value of the construction works. The value of the goods or services which are not necessary for the execution of a certain construction contract may added to the value of this order in particular not with the result that the provisions of this Federal Act for the procurement of those goods or services will be bypassed.


(3) reaches or exceeds the cumulative value of the lots in article 180, paragraph 1 Z 2 threshold, so apply the provisions of this federal law for the award of works contracts in the upper sill for the procurement of all lots. This does not apply for those lots whose estimated value without VAT is less than EUR 1 million, provided that the aggregate value of the lots selected by the contracting authority of the sector does not exceed 20 per cent of the cumulative value of all lots. The provisions of this Federal Act apply to the procurement of these lots for the awarding of construction contracts in emerging areas.

(4) equals or exceeds the aggregate value of the lots the Z 2 in article 180, paragraph 1 threshold, so the provisions of this Federal Act shall apply for the award of works contracts in emerging areas for the allocation of all lots. The value of each Gewerkes is considered estimated contract value for the choice of the procedure for the award of contracts in the threshold area.

Calculation of the estimated contract value for supply contracts



§ 183. (1) when leasing, rental, lease or hire purchase is estimated to be on order value as:



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

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

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

(2) in the case of recurring orders or standing orders is estimated to be as on order value either



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

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

(4) equals or exceeds the cumulative value of the lots in article 180, paragraph 1 Z 1 threshold, so apply the provisions of this federal law for the award of supply contracts in the upper sill for the procurement of all lots. This does not apply for those lots whose estimated value without VAT is less than EUR 80 000, provided that the aggregate value of the lots selected by the customer does not exceed 20 per cent of the cumulative value of all lots. The provisions of this Federal Act shall apply for the allocation of these tickets for the award of supply contracts in the emerging area.

(5) equals or exceeds the aggregate value of the lots the Z in article 180, paragraph 1 1 threshold, the provisions of this Federal Act apply for the award of supply contracts in emerging areas for the allocation of all lots. Lots whose estimated value without VAT is less than EUR 60 000, may be awarded in the form of direct award, provided that the aggregate value of the lots selected by the contracting authority of the sector does not exceed 40 per cent of the cumulative value of all lots.

Calculating the estimated contract value for service contracts



§ 184. (1) in orders for the following services is estimated to be on order value as:



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

2. for banking services and other financial services fees, commissions and interest as well as other comparable remuneration;

3. for orders, the planning services to the subject have the fees, commissions and other similar payments.

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



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

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

(3) in the case of recurring orders or standing orders is estimated to be as on order value either



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

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

(5) equals or exceeds the cumulative value of the lots in article 180, paragraph 1 Z 1 threshold, so apply the provisions of this federal law for the award of service contracts in the upper sill for the procurement of all lots. This does not apply for those lots whose estimated value without VAT is less than EUR 80 000, provided that the aggregate value of the lots selected by the contracting authority of the sector does not exceed 20 per cent of the cumulative value of all lots. The provisions of this Federal Act apply to the procurement of these lots for the award of service contracts in emerging areas.

(6) equals or exceeds the aggregate value of the lots the Z in article 180, paragraph 1 1 threshold, the provisions of this Federal Act apply for the award of service contracts in emerging areas for the allocation of all lots. Lots whose estimated value without VAT is less than EUR 60 000, may be awarded in the form of direct award, provided that the aggregate value of the lots selected by the contracting authority of the sector does not exceed 40 per cent of the cumulative value of all lots.

Calculation of the estimated contract value of framework agreements and dynamic purchasing systems



§ 185. The estimated order value of a framework agreement or a dynamic purchasing system is the total value of all contracts to be awarded on the basis of this framework agreement or the dynamic purchasing system expected to be estimated for their entire life.

Change the threshold or Los values



§ 186. The Chancellor may by regulation instead of in the articles 177, 178 para 2 and 3, 180 para 1 and 2, 182 paragraph 3, 183 para 4 and 5, 184 para 5 and 6, 201 para 2, 214 235, paragraph 2, 268 para 3 and so require 280 para 3 fixed threshold or Los values, as far as international commitments in Austria or this on the basis of Community legislation is required or allowed or this in the interest of a uniform procedure for the award of contracts appropriate, other emerging or Los values set.

6 article

Principles of the procurement procedure and general provisions

Principles of the procurement procedure



Procurement procedures are section 187 (1) according to a procedure provided for in this federal law, carried out in accordance with the community freedoms, as well as the prohibition of discrimination according to the principles of free and fair competition and equal treatment of all candidates and tenderers. The award has authorized, to be powerful and reliable entrepreneurs at reasonable prices.

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

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

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

(5) in the contract award procedure, caution is possible on the environmental standards of performance to take. This can be done in particular by the consideration of ecological aspects in the description of the performance, in establishing the technical specifications or by setting specific award criteria with ecological reference.


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

General provisions on candidates and tenderers



188. (1) candidates or tenderers which are established in the territory of another party of the EEA Agreement and the a recognition or same management procedures according to the § 373 c, 373d and 373e GewO 1994 perform or obtain a confirmation in accordance with § 1 para 4 of the EEA architects regulation or a confirmation in accordance with § 1 para 4 of the EEA engineer Consul ducks regulation must have the corresponding requests to provide as soon as possible. The decision on the granting of recognition or the saying of the equivalence or a confirmation in accordance with the EEA architects Ordinance or the EEA engineer Consul ducks regulation must be at the latest at the time of the contract award decision. They have the proof to teach that they have tabled an amendment in accordance with the aforementioned legislation before the end of the offer period.

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

(3) subject to paragraph 2 candidates or tenderers are entitled to the provision of the relevant service in accordance with the legislation of the Contracting Party in whose territory they are resident, of the EEA Agreement, may be not alone rejected, because they would have to either be a natural or legal person in accordance with the Austrian law.

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

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

Reserved orders for sheltered workshops or integrative enterprises



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

(2) If a call for competition in accordance with § 207, is pointing to a possible restriction of the participants or a restriction of the execution entitled circle referred to in paragraph 1.

General provisions relating to the allocation of benefits and services



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

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

Confidentiality of documents relating to public procurement proceedings, exploitation rights



191. (1) sector clients, candidates and tenderers have to preserve the confidential nature of all information relevant to the sector customers as also candidates and tenderers and their documents.

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

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

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

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

(6) the sector clients can connect delivery of technical specifications applicants or tenderers, the testing and selection of candidates or tenderers and award conditions to protect of the confidentiality of the information provided by them. The right of candidates or tenderers, to agree on the confidentiality of the information provided by them beyond legally compelling, with a contracting entity of the sector remains unaffected.

2. main piece

Types and choice of award procedures

1 section

Types of award procedures

Types of procedures for the award of contracts



192. (1) has the award of contracts for services to be made in the way of an open procedure, a restricted procedure, a negotiation procedure, a dynamic purchasing system, a direct award or on the basis of a framework agreement.

(2) in the case of open an unlimited number of entrepreneurs called on public to submit offers.

(3) in the case of the restricted procedure after previous call selected applicants for the submission of bids are prompted to compete after an unlimited number of entrepreneurs to submit publicly was prompted by requests to participate.

(4) in the case of the restricted procedure without prior call for competition, a limited number of suitable contractors is prompted to submit offers.

(5) in the case of the negotiated procedure after previous call selected applicants for the submission of bids are prompted to compete after an unlimited number of entrepreneurs to submit publicly was prompted by requests to participate. Can then be negotiated about the contents of the order.

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


(7) a framework agreement is an agreement without a commitment between one or more sector contracting authorities and one or more contractors, which has the objective, the conditions for the contracts to be awarded during a given period set, in particular as regards the envisaged price and, where appropriate, the amount in Vista. On the basis of a framework agreement, a performance may be awarded to a party to the framework agreement in a negotiated procedure without prior call for competition.

(8) a dynamic purchasing system is a fully electronic procedure for the procurement of services, where the characteristics available widely on the market meet the requirements of the sector principal. A dynamic purchasing system an unlimited number of entrepreneurs is prompted publicly to submit non-binding declarations for the provision and all appropriate entrepreneurs who have submitted acceptable explanations for the provision, be admitted to the system. A dynamic purchasing system is involved the performance after a separate invitation to tender by a participant in the dynamic purchasing system.

(9) in the case of direct award, a performance is obtained informally immediately from a selected contractor for a fee.

Types of competition



193. (1) contests can perform as idea competitions or realisation competitions.

(2) idea competitions are overpopulated, which serve to provide a plan or a plan the sector contracting, particularly in the areas of spatial planning, urban planning, architecture and civil engineering, advertising or data processing, of or even their selection is made by a jury on the basis of comparative assessment with or without distribution of prices.

(3) competitions of realization of are competitions where following the public offer of proceedings, in accordance with paragraph 2, a negotiated procedure for the award of a service contract in accordance with section 195 performed Z 12.

(4) the conduct of competitions has in the way of open a restricted or an invited competition to take place.

(5) in the case of the open competition an unlimited number of companies and people is prompted by the organiser publicly to the template of competition works.

(6) in the case of the restricted competition selected contestants are prompted after an unlimited number of companies and individuals to submit publicly was prompted by requests to participate, by the organiser to the template of competition works.

(7) in the case of the loaded competition a limited number of suitable contestants prompts by the organiser immediately to submit contest works.

2. section

Choice of procurement procedures in the area of upper threshold

Election of open procedure, the restricted procedure after prior call for competition, and the negotiated procedure after prior call for competition



§ 194. sector client can choose the restricted procedure for the award of contracts between the open procedure, after previous call to the competition and the negotiated procedure after previous call to the competition.

Choice of the negotiated procedure without prior call for competition



§ 195. sector client can rely on a negotiated procedure without prior call for competition in the following cases:



1. If in proceedings according to prior call for competition no or not within the meaning of this Federal Act No application or suitable offer was made, provided that the original terms of the contract are not substantially altered, or 2. when awarded a job only for the purpose of research, tests, investigations or development and not with the aim of profit or covering research and development costs , if a call for competition for follow-on orders, pursuing these objectives, in particular, without prejudice to the award of such contract, or 3 If the job can be performed due to its technical or artistic features or on the basis of protection of exclusive rights by certain undertakings, or reasons if urgent, compelling 4. related events, required by the sector contracting could not foresee that's not admit in the open or restricted procedure after prior call for competition to comply with dates, or 5 in the case of supply contracts for additional, from the original supplier carried supplies, destined for the partial renewal of common supplies or facilities or for the expansion of deliveries or existing facilities, if a change of supplier would force the sector contracting for the purchase of material of different technical characteristics and this is a technical incompatibility or disproportionate technical difficulties in operation or maintenance with would bring, or 6 when to run an existing construction or service order additional works or services which are provided for in the design underlying the award of nor on behalf of first awarded, but are required due to an unforeseen event, provided that the contract will be awarded to the entrepreneur, who has carried out the first order, and either a) is separated from the main contract the additional works or services in technical or economic terms without significant disadvantage for the customer of the sector , or b) these additional works or services by the execution of the first order can be separated, but are essential for its further execution stages, or 7 for new works consisting in the repetition of similar construction services, unless a) the contract should be awarded by same customer of the sector to the entrepreneur has already received its first order, b) the first contract was awarded after a call for competition , c) conform to a basic project, was the subject of the first order, d) for this purpose the possibility of application of such negotiated procedure already in the first call for proposals was provided and e) the total order value made for the continuation of construction work in view of the calculation of the estimated value of the order was based, or 8 if it is the delivery of goods, which are traded on commodity exchanges and purchased , or 9 for contracts to be awarded on the basis of a framework agreement, if the framework agreement themselves) was awarded in accordance with the provisions of the 3rd part of this Federal Act and b) not result that competition is prevented, restricted or distorted, or 10 for opportunity purchases, if goods on the basis of a particularly advantageous opportunity arising for a very short period of time , at a price be procured can, which is substantially lower than the market prices, or 11 for products purchased on particularly advantageous terms from a supplier which is definitively terminated its business activities, or managers in relation to a bankruptcy or composition proceedings, or 12 if the respective service contract following part of this law competition the winner or the winner of the competition must be assigned to one in accordance with the provisions of the 3rd. In the latter case are all winners of the competition to participate in negotiations to invite.

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



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

(2) in the case of the implementation of an open procedure, a restricted procedure after prior call for competition, a negotiated procedure after prior call for competition, or for the award of contracts on the basis of a dynamic purchasing system in accordance with the procedure of article 289, contracts of services either through a simple electronic auction, or through other electronic auction may be awarded if the specifications of the subject of the order can be described clearly and completely. The auction can refer only to offer parts that are so quantifiable in clear and objectively comprehensible way that they are displayed in figures or percentages. Construction or service contracts, which have spiritual services to the subject - like about the design of building services - cannot be the subject of electronic auction.

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

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

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


Framework agreements



197. (1) contracts may be awarded on the basis of a framework agreement, provided that the framework agreement was concluded after conducting an open procedure, a restricted procedure after prior call for competition, or a negotiated procedure in accordance with the articles 194 or 195.

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

(3) the party or the parties to the framework agreement be determined after conducting an open procedure, a restricted procedure after prior call for competition, or a negotiated procedure in accordance with the articles 194 or 195. The sector client has not taken into account tenderers the reasons for the rejection of their offer, to communicate the characteristics and advantages of the successful offer or of the successful deals, as well as the name of the party or the parties to the framework agreement. The reasons of do not take into account are not known to give, unless the disclosure of such information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition.

Set up a dynamic purchasing system and awarding contracts on the basis of a dynamic purchasing system



198. contracts may be awarded on the basis of a dynamic purchasing system section, if the dynamic purchasing system was set up after an open procedure.

Choice of the competition



§ 199. The sector clients can choose in the conduct of competitions between the open and the restricted competition.

3. section

Choice of procurement procedures in the threshold area

Choice of procedures for the award of contracts



§ Are 200 jobs in the emerging area, without prejudice to the rules of section 201, to forgive in a proceeding referred to in section 192. As far as this is deemed necessary on the basis of the value and the object of the order, is a type of procedure to choose, through which a reasonable degree of publicity is guaranteed. By a notice of proceedings, in particular distance can be taken if one of the conditions referred to in section 195.

Direct award



§ 201 (1) 192 paragraph apply to the award of contracts by sector contracting in the way of direct award only of part 1, sections 4 to 6, 9, 163-166, 175, 181 to 184, 187 para 1, 9, 235 of 4 to 6 part as well as the provisions of paragraph 2 to 5.

(2) a direct award is allowed only if the estimated value of the order does not reach 60 000 euro.

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

(4) in the case of a direct award, performance may be obtained only by a qualified, efficient and reliable contractor. The power, performance, and reliability must be at the latest at the time of the conclusion of the contract. To entrepreneurs, has been initiated against which a bankruptcy or insolvency proceedings, a judicial composition proceedings, a moratorium or a compulsory composition or that are in liquidation or winding up its commercial activities, contracts by way of direct award may be awarded but if their capability to do so is sufficient.

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

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



202. (1) contracts may be awarded on the basis of a framework agreement, provided that the framework agreement was concluded after conducting an open procedure, a restricted procedure or a negotiated procedure. As far as this is deemed necessary on the basis of the value and the object of the framework agreement, a type of procedure to choose, through which a reasonable degree of publicity is guaranteed is a framework agreement at the end. The direct procedure for the conclusion of a framework agreement may be chosen only under the conditions referred to in section 201.

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

(3) the party or the parties to the framework agreement be determined after conducting an open procedure, a restricted procedure after prior call for competition, or a negotiated procedure. The sector client has not taken into account tenderers the reasons for the rejection of their offer, to communicate the characteristics and advantages of the successful offer or offer, as well as the name of the party or the parties to the framework agreement. The reasons of do not take into account are not known to give, unless the disclosure of such information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition.

(4) contracts on the basis of a framework agreement may be awarded under the negotiated procedure without prior call for competition.

Choice of the competition



The sector clients can choose 203. (1) in the conduct of competitions between the open and the restricted competition.

(2) if enough suitable contractors are known to the organiser, the realisation of an invited competition is allowed.

3. main piece

Provisions for carrying out procurement procedures

1 section

Routes of transmission of information

Transmission of documents or information between sector contractors and entrepreneurs



The delivery of tender documents, messages, applications, requests and notifications, as well as any other Exchange of information between sector contracting authorities and entrepreneurs, § 204 (1), unless the sector principal not exceptionally different, either by letter, be done via fax or electronically. Less significant releases, requests, notifications and information can be transmitted also orally or by telephone.

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

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

(4) an electronic submission of tenders, offers and documents, which are related with the offer assessment, has, using a secure electronic signature (§ 2 Z 3 SigG) or so to be made that the verifiability of the completeness, authenticity and authenticity of submitted records with the quality of a secure electronic signature is guaranteed.

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

(6) sector contractors and entrepreneurs have known absolutely a fax number or an e-mail address to give to which all documents and information can be delivered legally. As far as this Act necessarily, a communication is provided by decisions on business electronically or by fax, a letter delivery only in exceptional cases is allowed. Electronically transmitted programmes is considered to be transmitted, as soon as their electronic available data of the receiver are.

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

2. section

Transmission of documents to the European Commission

Statistical obligations of the sector contracting




section 205. The sector contracting authorities - provided to sector client is, that fall in the way of each country Government - up to 31 August each year the Federal Minister of economy in the enforcement area of a country and work for forwarding to the Commission to provide statistics on the contracts awarded in the previous year, as far as this is to the fulfilment of Community legislation or international recording, notification or reporting obligations required. As soon as the Commission has laid down detailed regulations on the manner of the statistical obligations, has set the Federal Government regulation divided into topics, delivery obligation for which data according to the provisions of the Commission and in what way, in particular as regards the type of delivery, building and the form, this data is to submit.

Submission of other documents



§ 206. As far as this Federal Act, with the exception of the provision of section 335, notification or reporting requirements to the Commission or to other Contracting Parties of the EEA Agreement provides the necessary documents available to make has the Federal Ministry of Economics and labour in procurement procedures, which are covered in the enforcement area of the Federal Government, sector clients, procurement procedures, which are covered in the enforcement area of a country, the sector client in the way of each country Government. It has to forward the documents through the permanent representation of Austria to the European Union to the Commission and the Contracting Parties of the EEA Agreement and to inform the Chancellor of.

3. section

Announcements

1 subsection

General provisions notices

Call for competition



207. (1) by means of a call to the competition is to promote:



1. the intended procurement of construction, delivery or service order in the open procedure, the restricted procedure after previous call to the competition or the negotiated procedure after prior call for competition;

2. the intended implementation an open or not open competition;

3. - If not by the possibility of applying a procedure without prior call is used to the competition to conclude of a framework agreement - the intended conclusion of a framework agreement;

4. the proposed establishment of a dynamic purchasing system.

(2) in the call for competition, c is any requirement a recognition or equivalence according to the § 373, 1994 or a confirmation in accordance with § 1 para 4 of the EEA architects regulation or a confirmation in accordance with § 1 para 4 of the EEA engineer Consul ducks regulation expressly to point out 373d and 373e GewO.

(3) the sector client has to specify what evidence or which evidence for the authority to provide for the professional conduct and for the financial and economic or technical performance of or to supply prompted through the sector contracting in the call for competition.

(4) to after an open procedure, a restricted procedure after prior call for competition, a negotiated procedure the tender, the contract should be awarded the identified after previous call to the competition or a dynamic purchasing system after an invitation to tender in accordance with § 290 by way of an electronic auction, the call for competition in accordance with paragraph 1 shall contain a direction setting Z 1 or 4.

Correction of notices



section 208. A correction of notices required, this is also known to make as the original publication.

Publication of a Beschafferprofils



§ 209. (1) the sector client can publish a profile on the Internet.

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

Voluntary notices at Community level



section 210. The sector client can immediately provide the Commission using any existing relevant standard forms for announcements in the upper sill notices and messages that are subject to not a notification obligation in accordance with this federal law. The transmission of notices and releases shall be electronically according to the procedures for the transmission of notices and releases made manifest by the Federal Chancellor pursuant to section 211. The sector contracting authority must have at the day of dispatch of the notice.

2. subsection

Special notice provisions for the upper threshold area

Notices at Community level



section 211. The sector client has to send notices and messages the Commission using the relevant standard forms for announcements immediately and directly. Also available is a delivery position data of announcements and messages in the online process. Delivery of notices and releases has electronically, in exceptional cases also by fax, to be carried out. The Chancellor has the procedures laid down by the Commission for the delivery of notices and announcements in the Federal Law Gazette published. The sector contracting authority must have at the day of dispatch of the notice. If data are made available online, the entry of the data in the online system is considered as dispatch.

Use of the CPV in announcements



The sector contracting for the description of the subject of the order have § 212. (1) for announcements to use the names and codes of the common vocabulary for public procurement contracts (CPV).

(2) concerning the delineation of the scope of this federal law in relation to the construction services covered by this federal law pursuant to annex I or to the distinction between the categories of priority or no priority services covered by this federal law, the NACE nomenclature or the CPC nomenclature takes precedence over the CPV nomenclature.

Types of the call for competition



A call for competition has 213 (1)



1. by a notice in accordance with the standard form for the notice of procurement competitions in the sector, or 2. a periodic indicative notice pursuant to section 214, or 3 through a notice on the existence of an inspection system in accordance with section 215 to be carried out.

(2) a call for competition by a periodic indicative notice is permitted only if



1 in the periodic indicative notice the supplies, works and services, which will be the subject of the contract to be awarded, are called, and 2. the periodic indicative notice a) the note that this contract in the restricted procedure or in the negotiation process without any subsequent call for competition will be awarded, as well as b) contains the invitation to interested entrepreneurs, to announce their interest in writing, and 3. the periodic indicative notice will be published not later than 12 months prior to the date , to the sector principal submits the request to all applicants, to confirm their interest on the basis of full details of the order (§ 251).

(3) the intended procurement of construction, delivery or service order open, proposed conducting of a competition, the intended conclusion of a framework agreement to open proceedings, the proposed establishment of a dynamic purchasing system may Z 1 be made known only by a notice referred to in paragraph 1.

Periodic indicative notice



§ 214. (1) the sector client has to publish a periodic indicative notice at the beginning of his respective financial or budgetary year



1. in the case of a call for competition in accordance with article 213, paragraph 1 Z 2, or 2. If he would like to use in the open process of the possibility of shortening the offer period pursuant to article 224, paragraph 2.

(2) the periodic indicative notice referred to in paragraph 1 shall contain the following information:



1 want to. for supply contracts, broken down according to group of goods, the estimated total value of the contracts or framework agreements, the sector principal awarded in the next 12 months or complete if this estimated total value amounts to at least EUR 750 000;

2. want for service contracts, broken down according to the categories referred to in annex III, the estimated total value of the contracts or framework, the sector principal awarded in the next 12 months or complete if this estimated total value amounts to at least EUR 750 000.

3. in the case of works contracts the essential characteristics of the contracts or framework agreements, will in the next 12 months given the sector principal or complete as long as their estimated total value is at least 5 923 000 euro;


(3) the product groups referred to in paragraph 2 No. 1 are set with reference to the positions of the CPV.

(4) the periodic indicative notice is either by using the relevant standard form of the Commission to transmit or to publish a Beschafferprofils pursuant to § 209. The periodic indicative notice may not be published in the profile before the sector principal by using the relevant standard form has sent the notice of this publication to the Commission. The date of dispatch of the notice of the Beschafferprofils to the Commission is to specify in the profile.

(5) in the case of the regular non-binding notice concerning supplies and services contracts in accordance with paragraph 2, no. 1 and no. 2 is to submit the periodic indicative notice immediately after the start of the respective financial or budgetary year to the Commission or to publish in the buyer profile. In the case of the regular non-binding notice concerning works contracts referred to in paragraph 2, Z 3 is to submit the periodic indicative notice immediately after approval of the intended construction contracts or framework agreements underlying planning to the Commission or to publish in the buyer profile.

(6) unless expressly stated, that there is additional information, periodic indicative notices must contain no information that were already included in a previous periodic indicative notice.

Notice of the existence of an inspection system



215. (1) is in accordance with the standard form for the notice of the existence of a test system to make known a test system in accordance with section 232. This notice is to inform how the rules can be requested about the purpose of the test system and. The run time of the system is more than three years, is the notice of the existence of an inspection system to publish annually. A notice at the beginning of the procedure is sufficient for shorter maturity.

(2) a call for competition is made by a notice on the existence of a test system, are to select participants in a restricted procedure or a negotiation process among the entrepreneurs who have qualified in the context of such a system.

Notices in Austria and in other media



§ 216. (1) the Federal Chancellor and the State Governments can set unless this is required to guarantee of a sufficient economic competition, for the scope of the enforcement regulation, in which publication media sector contracting authorities subject to this part of this federal law have to publish additional announcements in the upper sill anyway. Further provisions concerning the submission of notices to the publication medium can be taken in this regulation.

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

(3) further announcements in other appropriate publication media remain free the sector principal.

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

Announcement of awarded contracts, competition results and framework agreements



§ 217. (1) the sector principal has the Commission of any awarded construction to announce delivery or service contract and the result of each competition. The information is to submit to the Commission by using the relevant standard form not later than two months after contract award and final of the competition.

(2) the sector principal each concluded framework agreement has to announce the Commission. The information is to submit to the Commission by using the relevant standard form at the latest two months after the conclusion of a framework agreement. The sector contracting authority is not obliged to announce that on the basis of the framework agreement of awarded construction, delivery, or service contracts.

(3) the sector client has the Commission of any construction awarded on the basis of a dynamic purchasing system to announce delivery or service contract. The information the Commission by using the relevant standard form either at the latest two months after contract award of each order or - year quarter grouped together - not later than two months after the end of the year quarter are to submit.

(4) the sector client can indicate that it is in business terms, sensitive information is the information regarding the number of received tenders, or - competitions - the incoming plans and designs, the identity of the trader and the prices offered.

(5) in the case of service contracts of the category no 8 of annex III, which have been awarded no. 2 in a negotiated procedure without prior call for competition in accordance with section 195, the sector principal may limit the information concerning the nature and extent of the services to be provided on the note of "Research and development services". When service contracts of the category no 8 of annex III, that can not be procured according to § 195 Z 2 in a negotiated procedure without prior call for competition, the sector principal may limit the information concerning the nature and extent of services to be provided for reasons of confidentiality in the business. The sector contracting must however ensure, that the information concerning the nature and scope of the services are at least as detailed as the information provided in the call for competition in accordance with section 207. the sector client uses a test system, so he has to make sure that the data are at least as detailed as the information in the directory of certified service providers in accordance with section 232, paragraph 9.

(6) in the case of non priority service contracts, the sector client has to specify whether he agrees with the publication.

3. subsection

Special notice provisions for the lower threshold area

Types of the call for competition



A call for competition has 218 (1)



1 to be through a notice in accordance with § 219, or 2. by a notice on the existence of an inspection system in accordance with section 220.

(2) the intended procurement of construction, delivery or service order open, proposed conducting of a competition, the intended conclusion of a framework agreement to open proceedings, the proposed establishment of a dynamic purchasing system may Z 1 be published only by a notice referred to in paragraph 1.

Notices in Austria and in other media



219. (1) notices have, depending on the value and the object of the procurement procedure, to ensure an appropriate level of public. They have to contain that information, enabling interested parties an assessment, whether participation in the procurement procedures for them of interest is.

(2) the Federal Chancellor and the State Governments can set if this is required to guarantee of a sufficient economic competition, for the scope of the 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 subject to this part of this federal law sector contracting authorities in emerging areas in any case have to publish. 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 remain free the sector principal.

Notice of the existence of an inspection system



220. (1) is in accordance with the standard form for the notice of the existence of a test system to make known a test system in accordance with section 232. This notice is to inform how the rules can be requested about the purpose of the test system and. The run time of the system is more than three years, is the notice of the existence of an inspection system to publish annually. A notice at the beginning of the procedure is sufficient for shorter maturity.


(2) a call for competition is made by a notice on the existence of a test system, are to select participants in a restricted procedure or a negotiation process among the entrepreneurs who have qualified in the context of such a system.

4 section

Deadlines

1 subsection

General provisions governing periods

Calculation of time limits



ABGB and the Federal law on the inhibition of the terms run through Saturday and the good Friday find section 221 (1) without prejudice to applicable to the time limits in the officials - and approval procedures of the AVG time limits within the meaning of this Federal Act § 903 application.

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

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

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

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

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

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

Principles for the design and extension of deadlines



§ 222. (1) the sector principal has deadlines to be such, and to assess that sufficient time for performing the appropriate actions will remain the entrepreneurs affected by the deadline. In particular, participation - and offer terms are to be such that, taking into account the post run sufficient time to the decision and creation of requests to participate and offer remains the entrepreneurs. On circumstances which may complicate the preparation of the offer, is carefully.

(2) the offer period is extended if the correction on the creation of the offers has significant influence an amending of the call for competition in accordance with section 207. Any change of the offer period is proven to announce all candidates or tenderers. This is not possible, it is so in the same way to make as the call for competition in accordance with section 207.

(3) the sector principal has, where necessary, the deadline for the receipt of requests to participate and the offer period for electronic submitted offers reasonable to extend, if the server on which the requests for participation or the offers should be submitted, is not continuously listening to the time course of the respective period. An extension of the time limit is demonstrably notify all candidates or tenderers. This is not possible, is so to make known the extension in an appropriate manner.

2. subsection

Time limits for procurement procedures in the area of upper threshold

Transmission and information deadlines



§ 223. (1) unless the sector client records from the first-time availability of the respective notice by electronic means has made free, direct and complete access not the tender documents and all additional the award procedure, the tender documents and all additional documents are immediately on entrepreneurs who have the sector principal compared to expressed interest in a specific open procedures and requested the tender documents in good time before the end of the offer period, , but at the latest within by six days after receipt of the request, to submit or to make appropriate understanding electronically available.

(2) if the request is made in a timely manner, the sector contracting entity or the competent body has additional information about the tender documents and the additional documents immediately, anyway, but not later than six days before the deadline for the receipt of tenders to grant.

(3) can timely requested tender documents, additional documents or additional information sent to, provided within the time limits laid down in paragraphs 1 and 2 or granted are, or the offers can be created only after a site inspection or inspection of additional documents to the tender spot offer deadlines are appropriate to extend, so that all concerned entrepreneurs of all for the preparation of an offer can take note required information. This does not apply if the offer period pursuant to article 226 para 2 in the mutual agreement is laid down.

Offer period open



§ 224. (1) the open procedure is that Z 1 to be determined the sector client time limit for the receipt of tenders at least 52 days, counting from the date of dispatch of the notice referred to in article 213, paragraph 1.

(2) the deadline for the receipt of tenders laid down in paragraph 1 May to 22 days be shortened, provided that



1. the sector contracting at least 52 days, but no more than twelve months before the date of dispatch of a notice referred to in article 213, paragraph 1 has published a periodic indicative notice No. 1, and 2. the information specified in the relevant standard form has included this periodic indicative notice, as far as this information at the time of the publication of the periodic indicative notice located above are.

Shortened offer deadlines for the open when using electronic media



225. (1) unless the notice pursuant to electronically created article 213, paragraph 1 Z 1 by using the relevant standard form and transmitted electronically according to the procedures for the transmission of notices and releases made manifest by the Chancellor in accordance with § 211, can be shortened the offer period in accordance with article 224, paragraph 1 or 2 to seven days open.

(2) the open offer period can be shortened to five days if the sector principal from the date of first availability of the publication in accordance with article 213, paragraph 1 records electronically free the tender documents and all additional the award procedure no. 1, made directly and fully available. In the notice the Internet address is to specify, under which these documents are available.

(3) the shortening of the offering periods in open proceedings under paragraphs 1 and 2, as well as in accordance with § 224 para 2 are cumulative. The cumulation of deadlines must not lead to an offer period which is shorter than 15 days from the date of dispatch of the call for competition.

Periods in the restricted procedure and in the negotiated procedures after prior call for competition



§ 226. (1) in the restricted procedures after prior call for competition and in the negotiated procedures after prior call for competition the period to be fixed by the contracting authority of the sector



1. for the receipt of requests to participate on the basis of a publication in accordance with article 213, paragraph 1 No. 1 at least 15 days from the dispatch of the notice;

2. for the receipt of requests to participate on the basis of an invitation to the inter food confirmation according to § 251 at least 22 days from the dispatch of the request; If this request electronically or by fax received at least 15 days from the dispatch of the prompt.

(2) in the case of the restricted procedure after previous call to the competition and in the negotiated procedures after prior call for competition the offer period is settable in mutual agreement between the sector contracting entity and the selected candidates, provided that all applicants will be granted same period.

(3) is a consensual definition of the offer period referred to in paragraph 2 is not done, the sector client has to assess an offer period that dispatch of the invitation to tender must be at least 10 days off.

3. subsection

Time limits for procurement procedures in the threshold area

Special rules on time limits in the threshold area




§ 227. Procedure in the threshold area, only the principles of section 222, paragraph 1 apply to the design and fixing of time-limits. With regard to the extension of deadlines for the case that the server on the requests for participation and offers are to be submitted, is not fully ready, section 222, paragraph 3 applies.

5. section

Suitability of the entrepreneur

1 subsection

General provisions relating to the suitability and their testing

General terms and conditions



228. (1) sector contracting authorities for the implementation of a procurement procedure to set objective eligibility criteria that must be accessible to all interested entrepreneurs.

(2) entrepreneurs who do not meet the eligibility criteria established in accordance with paragraph 1, are excluded from the procurement procedure.

(3) the call for competition is made by a notice on the existence of an inspection system, so the examination and selection of the contractor in accordance with section 232 occurs.

Grounds for exclusion



§ 229. (1) subject to paragraph 2 sector client entrepreneurs from participating in the procurement procedure can exclude, if



1 the sector principal knowledge of a final conviction against them or, if there are legal entities, partnerships of under commercial law, registered partnerships or associations--has physical persons working against in their management, which relates to one of the following facts: membership in a criminal organization (§ 278a StGB), bribery (sections 302, 307, 308 and 310 of the Criminal Code; § 10 UWG), fraud (sections 146 ff StGB), infidelity (§ 153 StGB) , Gift acceptance (section 153a of the Criminal Code), promotion abuse (§ 153 b of the Criminal Code) or money laundering (§ 165 StGB) or a corresponding offence in accordance with the regulations of the country in which the operator has his seat;

2. against a bankruptcy or insolvency proceedings, a judicial composition proceedings, a moratorium or a compulsory composition initiated or rejected the opening of bankruptcy proceedings due to lack of sufficient assets;

3. they are in liquidation or cease their commercial activities or set;

4. against them or, in the case of legal entities, partnerships of under commercial law, registered partnerships, or working groups - against physical persons who are engaged in the management, a final judgment for a crime, has been providing their professional conduct in question;

5. serious misconduct, in particular against provisions of the labour, social or environmental law, committed in the course of their professional activities, demonstrably; identified by the contracting authority of the sector

6. they have not fulfilled their obligations to the payment of social security contributions or taxes and duties according to the regulations of the country in which they are established, or in Austria, or 7 have in obtaining information regarding the power, professional reliability, technical performance, as well as the financial and economic performance of substantially false statements made himself guilty she or does not provide this information.

(2) sector clients have anyway to provide exclusion criteria specified in paragraph 1 in accordance with section 164 (contracting authority). Sector customer can refrain pursuant to § 164 by an exclusion of companies referred to in paragraph 1, if can not be waived on their participation in exceptional cases for compelling reasons of public interest.

Time of the existence of the suitability



§ 230. without prejudice to the regulation of article 188, paragraph 1 has the power, performance, and reliability at the latest



1. in the open procedure at the time of the opening of the bids, 2nd in the restricted procedures at the time of the invitation to tender, 3. the negotiation process basically at the time of the invitation to tender, 4th in the open competition at the time the template of the competition works, 5 not open and charged contest at the time the prompt to submit contest works, 6 at the framework agreement at the relevant time, in accordance with the chosen type of procedure to conclude of the framework agreement according to Z 1-3 , there are 7 for a dynamic purchasing system at the time of admission to a dynamic purchasing system, as well as for the special invitation to tender in accordance with § 290 at the time of the sequence of the offer period.

Request certificates by the principal of the sector



§ 231. (1) without prejudice to the rules of paragraph 2 sector contracting authorities may require by entrepreneurs who take part in a tendering procedure, evidence, that their



1 professional power, 2. professional reliability, 3. financial and economic performance, as well as 4 technical performance is given.

(2) the evidence required by the contractor are set by the contracting authority of the sector. The entrepreneur, evidence may be required only so far as it is justified by the subject of the order. While the sector client has to take into account the legitimate interests of the contractor to protect of his technical or trade secrets.

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

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

(5) includes the subject matter exclusively services the same authority is required, so all members have in the case of the tenders by a bidding consortium to demonstrate the appropriate authority. In the case of the tender of a total capacity that requires different powers in different disciplines, each Member of a consortium has to prove the powers for the performance part specifically incurred to him.

Test system



232. (1) sector client can set up a system for the testing of entrepreneurs and operate. The sector contracting authorities who set up a test system or operate, have to ensure that contractors at any time an exam can undergo.

(2) the system referred to in paragraph 1 may involve different levels and on the basis of objective criteria and rules to handle, placed by the customer of the sector. Where those criteria and rules include technical specifications, section 247 (technical specifications) shall apply. Customize the test criteria and test rules if necessary.

(3) the criteria and rules referred to in paragraph 2 may include the exclusion criteria referred to in article 229, paragraph 1 as proof of the professional reliability. Sector clients have the Z in accordance with section 164 (contracting authority) in article 229, paragraph 1 exclusion reasons anyway, as test criteria and rules to be provided 1.

(4) the inspection criteria and rules contain requirements for performance, as well as the power referred to in paragraph 2, so an entrepreneur to demonstrate of the required performance or power can be based, where appropriate, on the capacities of other contractors regardless of the legal nature of the links between him and these entrepreneurs. In this case, he must provide evidence that he has indeed these funds during the entire validity of the test system.

(5) under the same conditions as laid down in paragraph 4 also bidding and working groups may rely on the capacities of their members or other contractors.

(6) the criteria and rules are referred to in paragraph 2 to provide interested entrepreneurs on request. The revision of the criteria and rules is to inform interested entrepreneurs. A test system of other sector contracting authority meets the requirements of a sector clients, he communicated the names of the concerned sector clients interested entrepreneurs.


(7) sector clients have the applicant within a reasonable period of time to inform the decision taken to the qualification of the applicant. The decision on the qualification within a period of four months from the receipt of the request for examination can be taken, the sector client has within two months after receipt of the audit request the applicants to communicate the reasons for a longer period and to specify when the acceptance or the rejection of his application will be decided. The applicant is over the decision on testing application but at the latest within 6 months after receipt of the audit request to teach.

(8) negative decisions on the qualifications are candidates immediately, no later than 15 days after the decision to be communicated, stating the reasons. These reasons must be based on the criteria referred to in paragraph 2.

(9) the successful entrepreneurs are to record in a directory where a subdivision is possible after order types for which individual entrepreneurs are qualified.

(10) sector client can accept from a contractor qualification only for reasons based on the criteria referred to in paragraph 2. The intended withdrawal is at least 15 days before the date provided for the forfeiture of the qualification, stating the reasons in writing the concerned entrepreneur.

(11) the call for competition is made by a notice on the existence of a test system, are to select the participants on a restricted procedure or a negotiated procedure from the entrepreneurs who have qualified in the inspection system. In the selection of participants, § 252 par. 3 to 5 shall apply.

Proof of the suitability of other entrepreneurs and in bidding and working groups



An entrepreneur for a particular job can rely § 233 (1) to prove of his power or his performance on the resources of other contractors regardless of the legal nature of the links between him and these entrepreneurs. In this case, he must provide evidence that for the execution of the order proved resources with other companies to the extent required actually provided him.

(2) under the same conditions also bidding and working communities may rely on the capacities of their members or other contractors.

Quality assurance standards and standards for environmental management



234. (1) requires the sector client to prove that the entrepreneur meets certain quality assurance standards, the delivery of certifications independent bodies, it is on quality assurance procedures to refer, which comply with the relevant European standards (in particular series ÖNORM EN ISO 9000) and from appropriate locations are certified, required the European certification standards (in particular places, which are certified according to ÖNORM EN 45 000 standards series). Equivalent certificates from bodies of other Contracting Parties of the EEA agreement must be recognised. The sector contracting must recognize equivalent evidence of quality assurance measures in any other form, especially if the entrepreneur proves that he may not apply for the relevant certificates or not obtained within the relevant time limits.

(2) for construction and service contracts sector contracting authorities may require to verify the technical performance of the entrepreneur in certain cases an indication of the environmental management measures which the entrepreneur can apply in the execution of the order. Request sector contracting authorities to prove that the entrepreneur meets certain standards for environmental management, the submission of certificates of independent bodies, have so refer to it on the Community system for eco-management and audit (scheme EMAS) or to environmental management standards, which are based on the relevant European or international standards are certified by bodies which comply with the Community law or the relevant European or international standards of certification. Equivalent certificates from bodies of other Contracting Parties of the EEA agreement must be recognised. The sector contracting must recognize also other evidence of equivalent environmental management measures, in particular if the entrepreneur proves that he may not apply for the relevant certificates or not obtained within the relevant time limits.

2. subsection

Special provisions for the lower threshold area

Possibility of seeing the proof of the authority, reliability, and performance



section 235. In the threshold area the sector contracting in the awarding of construction contracts, with an estimated contract value EUR 250 000 is not reached, and the procurement of supply and service contracts, with an estimated order value does not reach 150 000 euro, can refrain reliability and performance of a proof of the power, the absence no doubt as to the existence of a tenderer or candidate's fitness on the basis of an assessment of the sector principal.

6 article

The invitation to tender

1 subsection

General rules for procurement procedures in the area of upper threshold

Principles of the tender



236. (1) the services must, be, published if not a procedure without prior call for competition will be applied, in time allow the procurement according to the procedures of this Federal Act.

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

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

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

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

Content of the tender documents



§ 237. (1) in the tender or the call for competition is to refer the sector principal or the sector contracting and the issuing authority as well as to indicate that the advertised power is allocated according to the provisions of this Federal Act for the upper threshold band and the regulations implementing and what award authority for the control of this tendering procedure is responsible.

(2) in the tender documents, deemed as necessary or to subsequently prompted through the sector principal evidence in accordance with § 231 are to record, as far as they had not already listed in the call for competition.

(3) the order is to be granted to the technically and economically most favourable offer, as the sector client in the call for competition, in the invitation to the inter food confirmation according to § 251, in the invitation to tender or to negotiate or in the tender documents all award criteria, it provides for their use, to specify relative importance to. This information can be done through establishing a margin, the largest bandwidth must be reasonable. The award criteria in the ratio of importance to comprehensible reasons is not possible according to the sector clients of the sector entities operating in the call for competition, in the invitation to the inter food confirmation according to § 251, in the invitation to tender or to negotiate or in the tender documents has all award criteria, it provides for their use, to specify in the order of importance to. If no determination concerning the principle of the surcharge, the surcharge is to grant the offer with the lowest price.

(4) the tender documents contain technical specifications to.

(5) the sector contracting conditions can in the tender documents in particular social (such as women, disabled, social and employment issues) or environmental record contents that are to meet during the provision of the services.

Alternative offers



Section 238 (1) only for contracts should be awarded according to the criterion of the technically and economically most favourable offer, can allow the sector principal alternative offers. The sector client shall explicitly specify in the call for proposals, whether and what kind of alternative offers are approved. If the sector principal has made no indication of the admissibility of alternative offers alternative offers are not allowed. The alternative tender is allowed, so alternative offers are allowed also, as far as not expressly otherwise is set in the invitation to tender only in addition to a proper tender offer.


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

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



Amendment offers



Section 239 (1) unless the sector client in the tender not else sets amendment offers are allowed. The sector contracting authority can restrict the admissibility of amendments offered to certain positions and require compliance with certain minimum requirements. So amendment offers the tender modification is allowed, are allowed also, as far as not expressly otherwise is set in the invitation to tender only in addition to a proper tender offer.

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

Subcontractor services



§ 240. The transfer of the entire order is forbidden, excluded are contracts and disclosure to affiliates. The sector client has to set in the tender documents are only the essential parts of the order anyway, or perhaps by means of sub orders attempt to award which the tenderer intends to announce. The transfer of parts of the performance may only in so far as the sub-contractor possesses the power required for the execution of its part, technical, financial and economic capacity, as well as the professional conduct.

Compliance with labour and social legislation



In all procurement procedures carried out in Austria which are 241. (1) the Conventions No. 29, 87, 94, 95, 98, 100, 105, 111, 138, 182 and 183 of the International Labour Organization, Federal Law Gazette No. 228/1950, no. 20/1952, no. 39/1954, no. 81/1958, no. 86/1961, no. 111/1973, BGBl. III No. 200/2001, Federal Law Gazette III No. 41/2002 and Federal Law Gazette III No. 105 / 2004 stemming to comply.

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

(3) the sector client has to specify those offices referred to in paragraph 2 in the tender documents which allows the bidder can get the relevant information about the place of execution during the execution of the order relevant labour and social regulations.

(4) section 1 to 3 preclude the application of § 268 not.

Amending the tender



Modify the regulations be 242. (1) during the offer period required, the tender documents and, if necessary, also the call for competition to correct and, if necessary, to extend the offer period.

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

2. subsection

Special tender regulations on electronically submitted bids in the upper sill

Requirements for the submission of electronic tenders



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

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

Establishment of communication channels, data formats, and encryption



section 244. The sections 92 to 94 apply to the establishment of communication channels, data formats, and encryption for quotes, which can be submitted electronically.

3. subsection

The specifications in procurement procedures in the area of upper threshold

Types of performance description



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

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

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

Principles of the specifications



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

(2) in the case of a functional specifications, the technical specifications in accordance with § 247 have the performance target to describe that all conditions relevant for the preparation of the offer and circumstances can be seen as sufficiently accurate and neutral. From the description of the services the purpose of the final performance, as well as the demands placed on the performance of technical, economic, creative and functional must so far be, that the comparability of the offers in terms of the sector's principal of given performance or functional requirements is guaranteed. Performance and functional requirements need to be clarified so sufficiently that they convey a clear idea about the subject of the order of the candidates and tenderers and the awarding of the contract allow the sector principal. A functional description of the performance has to contain technical specifications as well as plans, drawings, models, samples, patterns and the like, as far as they exist in the contracting sector.

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

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

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

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

Technical specifications



247. (1) the sector contracting authorities on an order to inform the technical specifications interested entrepreneurs on request, appearing regularly in their delivery, construction or service contracts, or who use them in procurement related to regelmäßigen non-binding notices.

(2) where such technical specifications resulting from documents, which are available to interested entrepreneurs available, a reference to these documents is sufficient.

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

(4) without prejudice to the conformity with Community law, defined national technical regulations, technical specifications are to be defined



1. in accordance with the following rank order: a)

national standards, to implement European standards, b) European technical approvals, c) common technical specifications, d) international standards and other technical reference systems established by the European standardisation bodies or e) if such standards and specifications are missing, national standards, national technical approvals or national technical specifications for the design, calculation and execution of buildings and products, which is invariably with the addition "or equivalent" to provide any reference , or 2. in terms of performance or functional requirements, or 3rd in terms of performance or functional requirements according to no. 2 by reference to technical specifications in accordance with no. 1 as a means of presumption of conformity with such performance or functional requirements, or 4 referring to technical specifications in accordance with subpara 1 in respect of certain features and in terms of performance or functional requirements with regard to other characteristics.

(5) technical specifications referred to in paragraph 4 lays down no. 1, so the sector contracting authority may refuse an offer, an alternative or an amendment quote not reasoned, the offered goods and services equals not the specifications drawn up by him, provided that the tenderer proves by appropriate means in its offer that the requirements of the technical specification, the reference was taken from him proposed solutions , equally match. In particular a technical description of the manufacturer or a test report of a recognized authority considered appropriate means.

(6) technical specifications in terms of performance or functional requirements in accordance with paragraph 4 lays down Z 2, so the sector contracting must an offer, an alternative or an amendment offer, the a national standard, with a European standard is implemented, or a European technical approval, a common technical specification, an international standard or a technical reference system, which was developed by the European standardisation bodies , corresponds to, refuse, if these specifications relate to the performance required by him or functional requirements. The tenderer must demonstrate in his offer or its alternative or modification offer by appropriate means that the respective goods corresponding to the standard, services or construction meets the performance and functional requirements of the sector principal. In particular a technical description of the manufacturer or a test report of a recognized authority considered appropriate means.

(7) recognised bodies within the meaning of that provision are those testing and calibration laboratories and inspection and certification bodies which comply with applicable European standards. The sector contracting must acknowledge certificates of other Contracting Parties of the EEA-based recognized bodies.

(8) are requirements on the environmental standards of performance set Z 2 in the form of performance or of functional requirements pursuant to paragraph 4, so can sector contracting authorities refer to the description of the performance specifications or parts thereof, which are set in European, national, multinational or in any other eco-label, provided that



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

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

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

(10) the tendering of a particular product with the addition "or equivalent", is exceptionally are information on brand and type of equivalent products selected by the tenderer and, if required, other these products statements to require. The relevant criteria for assessing the equivalence shall be indicated in the description of the performance.

4. subsection

Provisions for the tender in procurement procedures in the threshold area

Tender regulations for the lower threshold area



Section 248. (1) in procurement procedures in the emerging area of para 2 to 11 as well as the rules referred to in paragraph 2 to 11 the tender only the provisions apply.

(2) the services must, be made where not a procedure without prior call for competition to the application, so in time known allow the procurement according to the procedures of this Federal Act.

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

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

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

(6) in the tender documents, deemed as necessary or to subsequently prompted through the sector principal evidence in accordance with § 231 are to record, as far as they had not already listed in the call for competition.

(7) the order is to be granted to the technically and economically most favourable offer, as the sector client in the call for competition, in the invitation to tender or to negotiate or in the tender documents all award criteria, it provides for their use, to specify relative importance to. This information can be done through establishing a margin, the largest bandwidth must be reasonable. The award criteria in the ratio of importance to comprehensible reasons is not possible according to the sector clients of the sector entities operating in the call for competition, in the invitation to tender or to negotiate or in the tender documents has all award criteria, it provides for their use, to specify in the order of importance to. If no determination concerning the principle of the surcharge, the surcharge is to grant the offer with the lowest price.

(8) with respect to alternative offers, amendment offers and subcontractor services apply the paragraphs 238-240.

(9) with regard to the tender regulations on electronically submitted bids are the sections 92 to 94 and 243.

(10) the sections 245 to 247 apply for the description of procurement procedures in the threshold area.

(11) the sector contractor can make more, in line with the principles of section 187 specifications in the tender regulations.

7 section

Trace of individual procurement procedures

The open procedure



Section 249 (1) open procedures in the relevant publication media in accordance with the paragraphs 207, 211, 212, 213 para 1 Z 1, 216 to 218 Z 1 and 219.

(2) the number and name of the entrepreneurs, who have expressed their interest to participate in an open procedure, are to keep secret until the opening of the bids.

(3) in the open procedure, entrepreneurs can submit their offers within the offer period.

(4) during an open process may be not negotiated with the bidders about an offer change.

Participants in the restricted procedure without prior call for competition and in the negotiated procedures without prior call for competition




§ 250 (1) in restricted procedures without prior call for competition and in negotiated procedures without prior call for competition has the invitation to tender only to authorized, to be powerful and reliable contractor. Those conditions are to check in advance and hold it firmly.

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

(3) the number of the to request entrepreneur is set according to the performance. She should be in the restricted procedures generally under five, the negotiation procedure, if not the performance can be provided only by a particular contractor or urgent, compelling reasons exist, existence of a sufficient number of qualified, efficient and reliable contractors not under three; Exceptions are allowed for factual reasons. The reasons for this shortfall are hold by the contracting authority of the sector.

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

Inter food confirmation in the case of a call for competition by a periodic indicative notice



251. (1) the call for competition by means of a periodic indicative notice has occurred, so the sector principal has later all applicants at the same time in writing to ask to confirm their interest on the basis of full details of the order before it begins with the selection of entrepreneurs inviting to.

(2) the request referred to in paragraph 1 has to include at least the following information:



1. nature and scope, including all the options on additional orders, and, if possible, an estimate of the period for the exercise of these options; recurring orders nature and scope and, if the expected date of the publication of future calls to the competition for the works, supplies or services, the scope of the contract, be possible,

2. nature of the proceedings (not open procedure or negotiated procedures);

3. If necessary time to the delivery or the construction or services begin or be completed;

4. address and last day for the template of the participation request, as well as language to give are the offers;

5. address of the authority that issued the contract and provides the information that are necessary for the receipt of tender documents and other documents;

6. all economic and technical requirements, financial guarantees and information required by entrepreneurs;

7 amount and terms of payment of the amounts payable for the tender documentation;

8 of the subject of the order, and 9 the award criteria (set out in the ratio of their importance or lined), if they contain not in the periodic indicative notice or in the tender documents or in the invitation to submit of an offer or negotiations are art.

Participants in the restricted procedure after prior call for competition and in the negotiated procedures after prior call for competition



Restricted procedures are 252. (1) after prior call for competition and negotiated procedures after prior call for competition in the relevant publication media in accordance with the paragraphs 207 to make known 211, 212, 213 para 1, 214 to 216 and 218 to 220. The notice by means of a regular non-mandatory publication pursuant to article 213, paragraph 1 is no. 2, sector client has to ask all applicants according to § 251 to confirm their interest by means of application for participation.

(2) requests to participate can be made by mail or electronically. Expressions of interest can be submitted by phone or by fax on participation.

(3) in a restricted procedure or a negotiated procedure the selection of to request entrepreneur objective selection criteria has must be must be accessible to all interested entrepreneurs.

(4) the selection criteria referred to in paragraph 3 can be based on the need for the contracting authority of the sector, the number of candidates so far to reduce that an appropriate relationship between the specifics of the procurement procedure and the resources required for its implementation is ensured. There are so many applicants to consider that adequate competition is guaranteed.

(5) when the selection of the participants in a restricted procedure or a negotiated procedure sector contracting authorities may not be with her decision about the qualifications of the applicants, as well as in the revision of the criteria



1 impose administrative, technical or financial obligations specific entrepreneurs that do not impose on other entrepreneurs, or require 2 tests or proof which overlap with already existing objective evidence.

(6) the number of entrepreneurs to request should be restricted procedure not under five, in the negotiating process basically not among three; Exceptions are allowed for factual reasons. The reasons for this shortfall are hold by the contracting authority of the sector. On the examination of the requests to participate, a transcript is to write to hold are all the circumstances essential to the assessment of requests to participate.

(7) the determinants of the selection have to be recorded in comprehensible form. The sector client has requested not to tender applicants of this decision immediately, anyway, but a week after completion of the selection, notifying them of the reasons for the non-approval to communicate. The reasons for the non-approval are not known to give, unless the disclosure of such information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition.

(8) received fewer requests to participate by authorized, powerful and reliable operators as the number specified by the contracting authority of the sector to demanding entrepreneurs as a result or remain after examination of the requests to participate less than the specified number of entrepreneurs to request, so the sector client can include additional contractors in the procurement process.

(9) the sector client has to request the selected candidate to tender at the same time in writing. The prompt are if the documents not in the Internet are provided, to attach the call for tenders and any additional documents. It has to contain at least the following information:



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

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

3. a note on the notice published as a call for competition;

4. providing of the documents, which may include;

5. If necessary, provided the documents on the Internet are provided, the Internet address (URL), under which the documents on the Internet are available;

6. the (laid down in the ratio of their importance or lined) award criteria, if they are not included in the call to the competition or in the invitation to tender documents, as well as 7 all other special conditions of participation.

The additional documents within the meaning of no. 1 in the sector principal are available, so has the point at which the additional documents can be requested to transmit them all selected applicants have requested the documents in good time, immediately after receiving the request.

The restricted procedure



Entrepreneurs required to submit offers can submit their offers § 253. (1) the restricted procedure within the offer period.

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

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

The negotiation process



§ 254. (1) the sector contracting authority may negotiate with the tenderer or tenderers about the contents of the performance, to determine the best for him offer in accordance with the award criteria made. The sector customer may share information in such a way discriminatory that certain bidding against other bidders may be favoured.


(2) a negotiated procedure can be performed with multiple bidders in successive stages. The ordering party may reduce the number of tenders on the basis of the award criteria announced. The sector principal has those tenderers whose Angebote not further be taken into account, to notify immediately of this decision. The procedure selected by the contracting authority of the sector is to announce in the invitation to tender or in the tender documents. In the final phase of a negotiation procedure with multiple bidders, the sector client can negotiate with only one bidder.

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

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

(5) on the published award criteria may, unless in the tender documents do not otherwise laid down, no change will be made during the negotiating process.

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

8 section

The offer

1 subsection

General rules for offers in procurement procedures in the area of upper threshold

General terms and conditions



§ 255. (1) the Tenderer has to keep open or restricted procedure in the preparation of the offer in the tender documents. The required text of the tender documents may not be modified or supplemented.

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

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

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

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

(6) an adjustment of the tender or of the call for tenders is from the perspective of an entrepreneur, so this immediately has to inform the customer of the sector. The sector client shall, if necessary, carry out an adjustment pursuant to section 242.

(7) the tendering of a particular product with the addition "or equivalent", is exceptionally in accordance with § 247 so the bidder can specify an equivalent product in its range. The bidder has to do the proof of equivalence. The products referred to in the tender documents as examples is considered to have been offered, when no other products were offered by the bidder. If products referred to by the bidders do not meet the criteria stated in the tender documents the equivalence after expert examination, the advertised product is only offered if the offeror has stated this in a cover letter to the offer.

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

Form of tenders



Offers must have the form prescribed in the tender documents section 256 (1). Disk replacement, the delivery of an automatically of created, proud, printed out, and duly bearing short specification is permitted, if also the created by the sector principal description of performance by the bidder will be submitted duly signed or acknowledged.

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

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

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

Content of bids



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



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

2. announcement of the subcontractor, whose performance is required, insert of the required certificates and proof that the Tenderer has their capacity or when the financial and economic performance of the sector principal of collateral necessary for the implementation of the total order for the proof of the capability of the tenderer. Announcement of all parts or - unless the sector customer - provided this in the tender documents only the essential parts of the contract, that the bidder anyway, or possibly to forgive intends by means of sub contracts to third parties. The eligible contractors are known for giving proof of their competence and professional reliability. The naming of several subcontractors per power unit is allowed. The liability of the contractor is not touched by this specification;

3. the prices including all required breakdowns and the if necessary explanations; in the specification or in the short service catalog prices at the positions, are to enter; no price is ejected for a position, this is so in the bid to explain;

4. If necessary, at variable prices – provided that appropriate standards have been declared non-existent and applicable - a unique price conversion allow the details that are required to set the rules and requirements;

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

6. the list of the offer enclosed documents, the evidence, were required to prove of the authority, reliability, and performance, as well as those documents, which separately filed (E.g. samples, pattern);

7 any alternative or amendment offerings;

8. date and legally binding signing of the tenderer.

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

Special provisions concerning the content of the offers in functional specifications



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


(2) section 1 does not apply to offers in those stages of a negotiation procedure, for which the sector client requires no fully elaborated restaurants.

Submission of offers in the form of paper



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

Surcharge period



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

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

(3) a candidate or tenderer in due time submitted an application in accordance with article 188, paragraph 1, as the sector clients – has if it is an offer that comes for a procurement procedures into consideration - on reasoned request of the entrepreneur, whose recognition -, Gleichhaltungs - or confirmation procedure still was completed, to extend the surcharge period by one month and it a reasonable grace period to the presentation of the recognition , To put the same attitude or confirmation. This does not apply in accordance with section 195 Nos. 5, 8 and 10.

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

2. subsection

Special provisions for electronically submitted offers in procurement procedures in the area of upper threshold

General provisions for electronically transmitted services



261. (1) the submission of bids by electronic means in accordance with article 204, paragraph 3 or article 43 para. 1 is approved, so a bidder may submit an offer or not offer elements in paper form in addition to its electronically supplied service. This does not apply offer elements as evidence concerning the power professional reliability, financial, economic or technical performance, provided that these parts of the offer are not electronically available.

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

Form encryption and secure signing of the offer, offer components safe chain



262. (1) for the form, the encryption and secure signing of the offer as well as for the safe chain offer components apply the sections 114 and 115.

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

3. subsection

Provisions for the lower threshold area

Regulations for deals in process in the emerging area



§ 263. (1) in procurement procedures in the emerging area of para 2 through 9, as well as the rules referred to in paragraph 2 to 9 offers only the provisions apply.

(2) the Tenderer has to keep open or restricted procedure in the preparation of the offer in the tender documents.

(3) offers must be in the form prescribed in the tender documents.

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

(5) each offer must include in particular:



1 (company, trade name) name and place of business of the service provider; at work communities the naming one to conclude and to the handling of the procurement procedure and the contract authorized representative stating his address and consortia the explanation that they provide the performance as a working community in the order; Finally the (electronic) address of that place, who is entitled to receive the post;

2. date and legally binding signing of the tenderer.

(6) the surcharge period begins with the end of the offer period. It includes the time period within which the acceptance of the bid is intended. The contract period is short.

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

(8) the continuity of the additional period referred to in paragraph 6 is inhibited for the duration of a review procedure.

(9) for the submission of bids by electronic means apply the paragraphs 261 and 262.

9 section

The percentage method.

1 subsection

Opening and examination of bids, withdrawal of bids

Opening of tenders



section 264. Procurement sector client requires no formal opening of tenders.

Accepting electronically submitted deals



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

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

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

Storage of electronically submitted deals



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



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

Examination of tenders



267. (1) the examination of the offers in technical and economic terms according to the criteria laid down in the invitation to tender must be made.

(2) in particular is to examine



1. whether has been complied with the principles stated in article 187, para. 1;

2. the power, performance, and reliability of the tenderer or - sharing services - the designated subcontractor;

3. If the offer is mathematically correct;

4. the adequacy of rates;

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

(3) the examination of offers which are eligible for an award not taken into consideration, can be limited to one of the criteria referred to in paragraph 2.

Verifying that the prices - advanced range testing



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

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



1. offers one in relation to the performance unusually low total price exhibit, 2. offers are too high or too low unit prices in positions, or well-founded doubts as to the appropriateness of prices are 3.


(3) the sector client must demand a binding written - when less significant ambiguity also verbal or telephone - reconnaissance by the tenderer. The inspection has to be carried out, taking into account the explanations received and the evidence submitted by the tenderer may. The sector principal has in particular comments as regards the cost-effectiveness of selected manufacturing or construction process or the provision of services, the technical solutions chosen, exceptionally favourable conditions, possesses the bidder for the provision of the service to take into account the originality of the performance offered by the bidders, the labour and social provisions applicable at the place of the provision or the possible granting of State aid to the bidder in the review accordingly. If the estimated value of the contract is not reached 250 000 euro, may be waived by the procedure referred to in this paragraph.

(4) the sector contracting at a procurement procedure determines upper threshold area, that an offer price in relation to the performance is unusually low, because of the particular bidder has received State aid, so he can leave only the offer for that reason alone if the bidder cannot demonstrate when requested by the contracting authority of the sector within a reasonable period set by the customer of the sector, that that aid was granted legally. If a sector principal retires an offer for this reason, he announced this to the Commission by way of the Federal Minister for Economic Affairs and labour to give.

Withdrawal of offer



269. (1) has to leave the sector contracting on the basis of the outcome of the test in following the upper sill offers before of the election of the offer for the contract award decision:



1 offers from bidders, by the participation in the procurement procedure according to section 188, para. 5, or - if the sector principal so has seen this before - to exclude pursuant to article 229, paragraph 1 are;

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

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

4. late got bids;

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

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

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 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.

(2) before the election of the offer for the contract award decision, the sector client in the threshold area can excrete offers from bidders in accordance with the reasons referred to in paragraph 1.

(3) before the election of the offer of the award decision the sector client can withdraw offers from bidders, which have failed within the set time limit to give the requested clarifications or their investigation of a comprehensible justification lacks them.

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

Withdrawal of services from third countries



270. (1) the provisions of the following paragraphs apply to offers for procurement procedures in the upper sill concerning products originating in States,



1 which are not Contracting Parties of the EEA Agreement (third countries) and 2 which is also no agreement on the part of the European Community, companies based in the territory of the European Community according to this federal law guarantees comparable and effective access to the markets of the third countries one of the legal situation.

(2) also software that is used in the equipment for telecommunications networks is considered goods.

(3) an offer submitted in regard to the award of a tender can be eliminated in accordance with the following paragraphs if the goods originating from third countries accounted for more than 50 per cent of the total value of the goods included in the offer. The origin of the goods is to be judged according to the customs regulations in Austria. In determining the proportion of the goods originating from third countries, those third countries are not to take into account, for which this arises on the basis of a decision of the Council of the European Community. The Chancellor has such third countries regulation to determine.

(4) are equivalent to two or more offers in accordance with the award criteria established under section 237, paragraph 3, shall retire subject to paragraph 5, the offers described in paragraph 3. The rates of such offers are considered equal if they % differ by no more than 3.

(5) section 4 shall not apply however, the acceptance of an offer on the basis of that provision would force the sector contracting for the purchase of equipment that have different technical features as already used equipment and this would lead to incompatibility or technical difficulties in operation and maintenance, or disproportionate costs.

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

2. subsection

The supplement

Choice of the offer for the contract



§ 271. (1) without prejudice to other legal provisions on the remuneration of certain services is the surcharge



1. either technically and economically best offer in accordance with the specifications in the invitation to tender, or 2. the offer with the lowest price to grant.

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

Notification of the contract award decision



§ 272. The sector client shall immediately and demonstrably notify bidders remaining in the contract award procedure, the surcharge is to be granted what bidders. The communication of the award decision has to be made electronically or by fax. Unless a verifiable delivery is not possible by fax or electronically, is the communication of the award decision by letter to submit. In this communication are the remaining bidders the respective end of the standstill period in accordance with section 273, to announce the reasons for the rejection of their offer, the tender sums as well as the characteristics and advantages of the successful offer, if not the disclosure of this information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition. A commitment to the communication of the award decision shall not, if



1. a negotiated procedure according to § 195 was performed Nos. 1, 3 to 8, 10 and 11, or 2. a negotiated procedure in the threshold area was carried out, unless one of the conditions referred to in § 195 for the implementation of a negotiated procedure with only one contractor exists, or 3 following a competition a negotiation procedure with the winner of the competition was conducted, or 4 the supplement to those entrepreneurs should be , the sole is party to a framework agreement or 5. a procedure for the award of a contract with a prior call for competition only an offer is received.

Standstill period, cancellation of the contract award, assertion of invalidity



273 (1) the surcharge may be granted other absolute nullity within a standstill period of 14 days. The standstill period begins when a submission electronically or by fax with the announcement of the communication of the award decision, when a delivery towards corresponded with the dispatch of the communication of the award decision. In the case of the award of contracts on the basis of a dynamic purchasing system or through of an electronic auction, on the basis of a framework agreement or after conducting a tendering procedure in the threshold area reduces the standstill period to seven days.

(2) a surcharge has been in breach of the obligation according to § existing 272, first sentence, to the communication of the award decision is absolutely null and void.

(3) is determined by a contracting authority that



1. an award directly to a contractor took place, without that other entrepreneurs this allocation procedure involved, and 2. This was manifestly inadmissible on the basis of the provisions of this Federal Act, so the contract is null and void at the time of the final determination.

Effectiveness of the bid




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

Form of the contract electronically



section 275. The Federal Government has provided this approach the assurance of free and fair competition, the legal protection of the bidder as well as in the interest of a uniform and legally-compliant manner of operation is required, in the interest through Regulation provisions on the conclusion of the contract by electronic means, in particular to ensure the authenticity and genuineness of the electronically transmitted data with secure electronic signatures, as well as to ensure the confidentiality, to adopt.

10 section

Termination of the procurement procedure

Basic



section 276. The procedure ends with conclusion of the contract or cancel the procurement procedure.

Documentation requirements for procurement procedures in the area of upper threshold



§ 277. (1) the sector client has relevant documents each procurement procedures conducted in the upper sill or a notice of the cancellation of proceedings, allowing him to justify the decisions made by him and to furnish the necessary information on request of the Commission, for at least four years from the termination of the procurement procedure to be kept. This concerns in particular documentation



1. verification and selection of the contractor and award, and 2. the reasons for a procedure without prior call for competition in accordance with section 195.

(2) the sector client has all relevant documentation about the process of an electronic public procurement procedure or over the course of a tendering procedure, which offers electronically have been submitted, at least four years from the termination of the proceedings to be kept.

Reasons for the revocation of a procurement procedure



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

Announcing the revocation decision, standstill, ineffectiveness of withdrawal



§ 279. (1) the sector contracting authority has promptly and verifiably all contractors participating in the procurement procedure and known to him to announce that he intends to revoke the award procedure. The notification of the revocation decision has to be made electronically or by fax. Unless a verifiable delivery is not possible by fax or electronically, is the communication of the revocation decision to submit by mail. In this communication, the respective end of the standstill period in accordance with paragraph 3 or 4, as well as the reasons for the proposed revocation are the entrepreneurs to make known.

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

(3) the revocation may be explained in other invalidity during a standstill period of 14 days. When a submission electronically or by fax, the standstill period begins with the announcement of the communication of the revocation decision, when a delivery towards corresponded with the sending of the notification of the revocation decision. In the case of a notice of the revocation decision pursuant to paragraph 2 withdrawal for ineffectiveness of other may be not declared during a standstill period of 14 days from the first-time availability of publication of the notification of the revocation decision.

(4) the standstill period can be shortened to seven days at



1. a procurement through an electronic auction, 2. negotiated procedure with only one contractor, 3. the implementation of procurement procedures in the threshold area, 4. a revocation of the procedure for the award of a contract, because after the departure of offerings, no offer or only offer the procedure remains, or only an offer is received, 5. procedures for the award of a contract on the basis of a framework agreement or a dynamic purchasing system.

(5) to the notification of the revocation decision there is no obligation, if no offer is received.

(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. Already got offers 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. In procurement procedures in the threshold area, the publication of the notice of withdrawal on the Internet is enough. With the Declaration of the cancellation at the end of the standstill period, sector contracting authorities and bidders win back their freedom of action. Already got offers are to be returned after the Declaration of revocation on request. The timing of the Declaration of revocation is proven to document.

(8) 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, this is considered as a declaration of withdrawal within the meaning of this Federal Act.

4. main piece

Provisions for special orders and special procedures

1 section

Non-priority services procurement

Not priority service contracts



280. (1) only the provisions of this section, the part 1 with the exception of section 2 apply to non priority service contracts by sector client Z 16, §§ 6, 9, 163-166, 175, 180 par. 1 and 3, 181, 184, 189, 205, 210, 247 and 273 par. 3 and the 4th to 6th part of this Federal Act.

(2) not priority service contracts are up for grabs by sector clients respecting the community freedoms, as well as the prohibition of discrimination. As far as this is deemed necessary on the basis of the value and the object of the order, not priority service contracts are basically in a procedure with several entrepreneurs, through which a reasonable degree of publicity is guaranteed and that complies with the principle of free and fair competition, to forgive. By a notice of proceedings, only distance can be taken if one of the conditions referred to in section 195.

(3) the procurement of non priority service contracts in a free-form process is permissible only up to an estimated order value of EUR 60 000 directly to a selected contractor (direct assignment). Not priority service contracts on intellectual services in a negotiated procedure without prior notice with only a contractor is allowed, provided that the implementation of economic competition on the basis of the cost of the procurement process for the customer is economically unfeasible and the estimated value of the order 50vH of the threshold referred to in article 180, paragraph 1 not reached No. 1.

(4) in the upper sill awarded not priority service contracts pursuant to § 217 to announce.

(5) any any outward appearance setting the sector contracting authority is as a separately appealable decision. The sector client has to announce the contractors remaining in the proceedings except in objectively justified exceptional cases, the simultaneous or revocation decision and observe a reasonable, to be fixed by the contracting authority of the sector standstill period. The supplement or revocation must be granted to other invalidity or ineffectiveness during the standstill period laid down or explained.

2. section

Provisions relating to the implementation of electronic auctions

Basic



§ 281. (1) If an open procedure, a restricted procedure or a negotiated procedure is carried out after prior call for competition in accordance with section 207, or orders due to a dynamic purchasing system shall be awarded after a separate invitation to tender in accordance with the procedure of article 290, the offer, the contract should be awarded, can be determined through an electronic auction.

(2) the contract through an electronic auction should be awarded, shall publish the call for competition in accordance with section 207 also in the Internet.

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



1. registration and identification requirements;

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

3.

Components (price, other parts of the offer), the value of which is the subject of the auction;

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

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

6 date and modalities of the termination of the auction;

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

8 dates;

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

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

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

General provisions relating to the implementation of electronic auctions



Are all bidders that have made acceptable offers in the procedure preceding the auction in accordance with § 281 para 1, § 282. (1) to request electronically at the same time, to submit new prices and/or new values for the auktionierenden components in accordance with the specifications in the tender documents. The sector client has to grant immediate, full and free electronic access to all documents relating to the auction all tenderers admitted to the auction from the date of dispatch of the invitation to participate in the auction. An electronic auction may begin not earlier than two working days after sending an invitation to participate in an auction.

(2) if the offer, the contract should be awarded is to be determined by way of an electronic auction to an open or restricted procedure with prior notice, participation in the opening of tenders tenderers is not permitted. The result of the opening is to keep secret.

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

(4) the sector customer may terminate an electronic auction



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

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

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

(6) the sector client has to ensure that participants, whose Angebote excrete were, in accordance with paragraph 5 can no longer participate in another auction.

(7) after an auction, the name of the successful tenderer together with the tender sums under the in the auction rules to disclose specified Internet address is immediately. In the case of the implementation of other electronic auction are the unsuccessful bidders without delay, at the same time and has been proven electronically notify also the reasons for the rejection of their offer, if these reasons not due to the information to be transmitted in accordance with the auction rules or to be available are immediately apparent. The notification or communication is regarded as notification of the award decision in the sense of § 272. Time of dispatch within the meaning of § 273 are considered to be the date of the initial availability of this information in accordance with sentence 1 in the Internet or the date of dispatch of the notification pursuant to sentence 2.

(8) the cancellation of an auction is deemed revocation within the meaning of § 278. If an auction has been canceled, are to announce the reasons for the termination of the bidders at the Internet address set forth in the auction rules. The announcement is regarded as the revocation decision within the meaning of § 279. Date of dispatch of the revocation decision within the meaning of § 279 is considered to be the time of the initial availability of this information in accordance with sentence 2 in the Internet.

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

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

Special provisions for the implementation of simple electronic auctions



Only offers concerning the price are § 283. (1) with simple electronic auctions pursuant to § 196 3 allowed.

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

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

Special provisions for the implementation of other electronic auctions



§ 284 (1) when performing other electronic auctions pursuant to article 196, paragraph 4 has to connect the result of the first offer evaluation of the relevant tenderer the sector client of the call for participation in the auction in accordance with article 282, paragraph 1. In the invitation to take part in the auction, the sector client has to specify those mathematical formula according to which the auto new rows according to the proposed new values (regarding price or any other offer parts) are made in the electronic auction. This formula also the weighting of all the call for competition in accordance with section 207, or in the tender documents attesting to supplement criteria for the determination of the technically and economically most favourable offer. The award criteria are fixed values advance to set in, giving award criteria in the way of establishing a margin within which the criterion is, is inadmissible, as well as the mere ranking of the importance of the award criteria. Have been admissible way submitted alternative offers, as a mathematical formula must be specified for each alternative offer separately.

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

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

3. section

Provisions relating to competitions

General information



section 285. For carrying out competitions (idea competitions and realisation competitions) 180 paragraph apply 2 and 3, 181, 184, 187 only the provisions of this section, of part 1, sections 6, 9, 163-166, 175, 179, 188 (1) to 3, 193, 199, 203-213, 216 to 219 of 4 to 6 part and the regulations, is referenced in this section.

Participation in the competition



286. (1) the open competition is open to all eligible.


(2) in the case of the restricted competition, the number of to invite participants according to the subject of the competition is to set. She must be in existence of a sufficient number of qualified, efficient and reliable entrepreneurs but not among three. The number must ensure genuine competition and must be stated in the notice. The clear and non-discriminatory selection criteria have to take into account the specific requirements of the subject of the competition, and are set in advance.

(3) opportunity to participate in the competition to give is candidates who have made requests to participate in time on the basis of the notice, and which are in accordance with the paragraphs 228 to 234 as competent, efficient and reliable, in accordance with para 5 and 6.

(4) on the examination of the requests to participate a transcript is to write, in which all the circumstances essential to the assessment of requests to participate to hold. On request, inspection of its application for participation section of the transcript is the candidate to grant. In the design of the transcript carefully aims to take.

(5) received more requests than the number set by the initiator to invite participants to participate in the episode, so has the promoter among the qualified, efficient and reliable candidates based on the selection criteria to select the best candidates. The determinants of the selection have to be recorded in comprehensible form. The organiser has all candidates of this decision immediately, to agree in any case, eight days after the conclusion of the selection. On request, the reasons for the non-approval to announce, if not the disclosure of this information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition are candidates invited to participate in the competition.

(6) received fewer requests to participate by authorized, powerful and reliable entrepreneurs than the number set by the initiator to invite participants in the episode, so the organiser can consider additional entrepreneur competition.

(7) to loaded competitions, at least three entrepreneurs are to invite. The call for participation has only to be carried out in accordance with the paragraphs 228 to 234 as empowered, efficient and reliable-looking businessmen.

(8) in the case of ideas competitions performance and reliability according to the paragraphs 228 to 234 - eliminates insofar as this is not required on the basis of the subject of the competition - on the examination of the authority.

Carrying out of competitions



The assessment criteria for the jury in the order of their importance to specify are § 287. (1) in the call to the competition for the implementation of an open or restricted competition in accordance with section 207. Loaded competitions, the assessment criteria for the jury in the order of their importance to announce in advance are the invited entrepreneurs.

(2) the rules applicable to the implementation of the competition are but in any case, interested parties to participate in the competition on request, invited entrepreneurs invited competitions to communicate.

(3) a competition rules to consider that at least following content has is the carrying out of competitions:



1. procedure of the Prize Court;

2. contest prizes and payments;

3. usage and exploitation rights;

4. provision of documents;

5. evaluation criteria;

6 specify whether one or more winners of the competition, are obtained in the latter case the number of winners.

7. exclusion criteria;

8 dates.

(4) the jury should consist only of judges, who are independent of the participants of the competition. A particular professional qualification is required by the contestants, at least one third of the judges must have the same or an equivalent qualification.

(5) the jury may obtain only after expiry of the period for the presentation of the content of plans and designs.

(6) the jury is independent when selecting the contest winner. It has to make this choice on the basis of competition works are submitted anonymously, and only on the basis of the assessment criteria. The jury has the precedence of the selected projects is to create a transcript, in which the individual competition works to respond to and record are any comments of the jury as well as to Purifier any questions regarding individual competition works. These minutes can be signed by the judges. Applicants can be prompted if necessary to provide answers to questions that held the jury in writing to clarify certain aspects of the proposed competition works. About the about dialogue between the judges and candidates, a comprehensive protocol is to create, which is the transcript. The anonymity of the presented works is up to the selection of the Prize Court or to the if necessary, dialogue to maintain. The selection of jury is to present the promoter to the any other reason. The jury meetings are not public.

(7) competitions can be carried out one or more stages.

(8) for the delivery of plans and designs electronically in connection with the implementation of a competition, the §§ 243, 244, 261, 262 and 265 shall apply mutatis mutandis.

(9) is in the connection to the realisation of a competition carried no negotiated procedure for the award of a service contract, so the organiser announced the decision on which contestants, prize money will be awarded or payments should be made, as well as the composition of the price court all contestants within eight days after his decision to give.

(10) a negotiated procedure for the award of a service contract with the or the winners of the competition is carried out following the implementation of a competition, so the organiser announced the decision on non-admission to participate in the negotiation process, as well as the composition of jury non-approved competition participants within eight days after his decision to give.

(11) the organiser may withdraw a contest if for objective reasons exist. § 279 shall apply to the notification of the revocation decision.

4 section

Provisions relating to the setting up and operation of one and the award of contracts on the basis of a dynamic purchasing system

General information



288. (1) contracts may be awarded on the basis of a dynamic purchasing system where the dynamic purchasing system was set up to conduct open proceedings without award in accordance with the provisions of section 289.

(2) alone the provisions of this section, the 1st and the 4th to 6th part, as well as the rules referred to in this section shall apply for the award of contracts on the basis of a dynamic purchasing system.

Setting up and operating a dynamic purchasing system



289. (1) a dynamic purchasing system may be solely on electronically set up and operated.

(2) the sector client has to submit the call for competition by means of an announcement according to article 213, paragraph 1 Z 1 in accordance with the sections 211, 216 and 219 electronically and also immediately publish to the Internet. In the call to the competition is to specify under which electronic address, the tender documents and all information and other documents required for the establishment and operation of the dynamic purchasing system are provided or the simplified contract notice in accordance with § 290 par. 3 is published. From the date of dispatch of the call for competition, the sector client has to direct to the date of termination of the system, unrestricted and free electronic access to all records to provide the dynamic purchasing system.

(3) in the call for tenders are the services which are the subject of the dynamic purchasing system, clearly establish. All necessary information relating to the dynamic purchasing system, precisely specify in particular the used or the technical equipment required for the participation and the technical arrangements and characteristics of the connection are in it also.

(4) any authorized in accordance with the tender documents for the establishment of the dynamic purchasing system, reliable and powerful bidders who have made permissible non-binding declarations for the provision by electronic means in accordance with the sections 261, 262 and 265 in the open procedure, are admitted to the dynamic purchasing system. The non-binding statements for the provision may be amended at any time by the bidders if they stay compatible with the specifications in the call for tenders for the establishment of the dynamic purchasing system.


(5) the term of a dynamic purchasing system may not exceed four years. If this exceptional subject matter can be justified, a longer period may be provided for. For this decisive reasons have to be recorded.

(6) for the duration of a dynamic purchasing system, every entrepreneur electronically can make a non-binding declaration for the provision and request to be admitted as participants in a dynamic purchasing system. The sector customer shall within a period of 15 days from receipt of the non-binding declaration on the services to determine whether it is in accordance with the tender documents for the establishment of the dynamic purchasing system to a qualified, reliable, and efficient bidding and whether it is in accordance with the tender documents to a permitted non-binding declaration on the provision. This period may be extended appropriately by the contracting authority of the sector, if not after the date of the arrival of the non-binding declaration for the provision a separate invitation to tender in accordance with § 290.

(7) if the sector principal determines that it is a bidder that is authorized in accordance with the tender documents for the establishment of the dynamic purchasing system, reliable and efficient, and to a permissible in accordance with the tender documents non-binding declaration on the provision of sector client has to allow the bidders to the dynamic purchasing system. The bidder is immediate and proven by electronic means to communicate this decision. The sector principal bidders approved to a dynamic purchasing system by this decision has immediately and, notifying them of the reasons for not taking into account by electronic means to communicate. The reasons for the exclusion are not known to give, unless the disclosure of such information would contradict public interests or the legitimate business interests of entrepreneurs or harm the free and fair competition.

(8) the instrument of the dynamic purchasing system may be applied not improperly or in a manner by which competition is hindered, restricts or distorts.

(9) for the establishment, operation, and participation in a dynamic purchasing system, the sector principal may charge no cost entrepreneurs.

(10) the sector customer may revoke a furnished dynamic purchasing system for objective reasons. § 279 shall apply mutatis mutandis to the notification of the revocation decision.

Award of contracts on the basis of a dynamic purchasing system



290. (1), which will be awarded on the basis of a dynamic purchasing system established under section 289 will be exclusively according to a in paragraph 2 to 5 procedures electronically procured. This procedure is permitted only between the sector client and those entrepreneurs, participants of the dynamic purchasing system.

(2) for the allocation of each individual order, a separate invitation to tender shall be made.

(3) before a separate invitation to tender referred to in paragraph 2, the sector client in accordance with the specifications in the tender documents published a simplified contract notice on the Internet. This simplified contract notice has at least the particulars referred to in annex IX (part D) for a simplified notice on a dynamic purchasing system to contain. In the simplified contract notice all interested entrepreneurs are to ask, within a period to be determined by the contracting authority of the sector, which exceed not less than 15 days from publication of the simplified notice, to submit a non-binding declaration on the provision pursuant to section 289, paragraph 6.

(4) a separate invitation to tender is only admissible if the sector principal has decided on time electronically received non-binding declarations to the services in accordance with section 289 paragraph 7 above all according to a simplified contract notice referred to in paragraph 3.

(5) the surcharge is either after conducting an electronic auction in accordance with the paragraphs 281 to 284 or after performing the following procedure:



1 at the same time, the sector principal urges all tenderers admitted to the dynamic purchasing system electronically, to submit bids for the contracts to be awarded on the basis of the purchasing system electronically to. The sector principal sets set a reasonable time limit for the submission of tenders.

2. the contract is under the top rated offer to grant or the criterion laid down on the basis of the call for tenders for the establishment of the dynamic purchasing system or award criteria. Unless this is provided for in the call for tenders, the award criteria laid down in the call for tenders for the establishment of the dynamic purchasing system in the special invitation to tender can be clarified. The reasons for the award decision have to be recorded in writing. With regard to the announcement of the award decision and the effectiveness of the bid are the sections 272 to 274.

(6) article 217, paragraph 3 applies to the award notice in the upper sill.

(7) the sector customer may revoke a procedure in accordance with paragraph 5, for the award of a contract for factual reasons. § 279 shall apply to the notification of the revocation decision.

4 part

Legal protection

1. main piece

Federal Procurement Office

1 section

Establishment and internal organization

1 subsection

Establishment and legal status of the members

Establishment of the Federal Procurement Office



§ 291. (1) at the Federal Ministry of Economics and labour is to set up a Federal Procurement Office based in Vienna.

(2) the Federal Procurement Office exercises its powers over contracting authorities within the meaning of this Federal Act, insofar as to principal, which fall within the execution scope of the Federal (Article 14b, paragraph 2 B-VG). The Federal Procurement Office exercises the responsibilities assigned to it under this Federal Act in first and last instance.

(3) (constitutional provision) article 89 B-VG mutatis mutandis also applies to the Federal Procurement Office.

Appointment of members



292 (1) consists of the Federal Procurement Office a Deputy Chairman, the necessary number of Senate Chairman and the required number of other members a Chairman.

(2) the Chairman and the Deputy Chairman are appointed by the Federal President on a proposal from the Federal Government after previous general application indefinitely.

(3) the Chairman of the Senate are appointed for the first time by the Federal President on a proposal from the Federal Government after previous general application for the duration of five years. The person concerned at the time of his appointment has already completed the age of 60, the appointment is until the end of the year, in which he completed the age of 65. After an actual service period of three years in this role, Senate Chairman can make a request on indefinite appointment; you are in section 136a, subsection 2 Nos. 1 and 2 of the officials service law (BDG 1979), BGBl. No. 333, not count these hours in actual service time. The indefinite appointment is made by the Federal President on a proposal from the Federal Government.

(4) the invitation to tender for general application in accordance with paragraph 2 and 3, is to be published in the Official Gazette of the Wiener Zeitung. The tender and of the selection procedure are the responsibility of the Federal Ministry of Economics and labour.

(5) the other members of the Federal Procurement Office are appointed by the Federal President on a proposal from the Federal Government for a period of five years. May be reappointed.

(6) the other members of the Federal Procurement Office shall be appointed in equal proportions from the circle of the contracting authority and the contractor. In the creation of the proposal of the Federal Government with respect to the other members of the contractor side is to take on suggestions of the Economic Chamber of Austria and the Federal architects - and engineer Consul ducks Chamber carefully. In addition, at least one member of the General Assembly on the proposal of the Federal Chamber of labour in the Federal Government's proposal is to record.

(7) the Chairman, Deputy Chairman and the Senate Chairman must have about a postgraduate law degree and either



1 have clothed already by at least five years a professional position, which requires the completion of law studies, or have 2 over at least five years relevant experience in the field of public procurement law.

(8) the other members of the Federal Procurement Office must have at least 5 years relevant professional experience or special knowledge of the procurement in legal, economic or technical terms.

(9) persons, which are not available to the National Council, are excluded from the order as a member of the Federal Procurement Office. By appointment as member of the Federal Procurement Office, also those persons are excluded, which is a removal reason pursuant to § 294 3.

Incompatibility




293. (1) the Federal awarding agency may not belong to: the President of the Confederation, members of the Federal Government or a land Government, Secretaries of State, the President of the Court of Auditors, members of the Ombudsman of the Federation or a federal land, Mayor, Executive President of a Board (City Council of Vienna), members of the European Parliament, members of the Commission of the European Community, as well as members of the Constitutional Court or the administrative court. § 19 BDG 1979 shall apply to the Chairman, the Vice-Chairman and the Chairman of the Senate.

(2) to the Chairperson or Deputy Chairperson must not be orderable Moreover, who has been member of the Federal Government or a provincial government, or Secretary of State in the last four years.

(3) the Chairman, the Vice-Chairman and the Chairman of the Senate may not engage in any activity, the



1. instructions to get, or 2nd aroused suspicion of partiality, or 3. hindered them in the performance of their official duties, or could jeopardise 4. other essential official interests.

(4) the members of the Federal Procurement Office referred to in paragraph 3 are obliged to immediately bring activities that perform in addition to her Office, the Chairman noted. The Chairman is obliged without delay to bring activities carried out in addition to the Office, the Federal Ministry of Economics and labour.

Termination of membership



294. (1) a member of the Federal Procurement Office may be removed from his Office only in cases determined by this federal law and by decision of staff meeting or the General Assembly.

(2) the membership of the Federal procurement office expires:



1. when the death of the Member;

2. with the removal of other Member by the Office in accordance with paragraph 3 by decision of the General Assembly;

3. (constitutional provision) with the removal of the Chairman, Deputy Chairman or a Senate Chairman by the Office in accordance with paragraph 3 by decision of staff meeting;

4. for the other members of the federal public procurement office and the Senate Chairman after expiration of the term, if before is not a re-appointment (§ 292 section 5) or a permanent appointment (section 292 para. 3);

5. for the Chairman, the Deputy Chairman and the Senate Chairman a) by conversion into retirement or, b) by declaration in accordance with article 15, paragraph 1 BDG 1979, or c) withdrawal pursuant to § 21 BDG 1979, or d) with the time in which the officials; appointed on his search on a different federal position

6. for the other members of the Federal Procurement Office with the receipt of the written waiver of the Federal Procurement Office;

7. for loss of eligibility for the National Council;

8. when incompatibility pursuant to article 293 paragraph 1, unless its last sentence applies.

(3) a member of the Federal Procurement Office is to impeach, if



1 makes's transgressions of such type or severity to debt come is that the further exercise of his duties would be detrimental to the interests of the Office, 2nd due to his physical or mental condition his tasks as a member can not meet it (incapacitation) and regaining the Office capacity is expected to be closed, 3. as a result of disease, accident, or infirmity was for more than a year by the service absent and is incapable of Office , or 4 makes it - without prejudice to § 293 para 1 - an activity, may cause doubts about the independent performance of their duties.

(4) a member retires for the reasons referred to in paragraph 2 and 3, is a new Member so if necessary, under the procedure referred to in article 292 to order.

Legal status of the members



§ 295.

(Constitutional provision) The members of the federal public procurement office is involved with regard to the exercise of this Act and the regulations pursuant to their assignments on any instructions.

Conflict of interest; Rejection by members



Section 296 (1) of the participation in a decision other members of the Federal Procurement Office concerning that procurement procedures are excluded, concerning a procurement in the area of effect of that institution, they belong to or which has proposed the Federal Government pursuant to § 292, para 6. In addition, article 7 shall apply mutatis mutandis AVG for all activities of the members of the federal public procurement office.

(2) the parties can reject members of the federal public procurement office, stating the reasons. The President makes the decision on the request of rejection of. Rejection if the application concerns the Chairman, the Vice-Chairman decides on the request of rejection of. Both the Chairman and the Deputy Chairman are rejected, the Senate Chairman oldest in years shall decide on the application for refusal.

2. subsection

Service and salary regulations; Cost dentures

General information



§ 297. (1) the appointment to the Chairman, Deputy Chairman or Chairman of the Senate establishes a public service relationship with the Federal Government, if not already one.

(2) § 4 par. 1 Z 4 (appointment requirements), 11 and 12 (definitive service ratio), 15a (transfer to retirement officio), 24-35 (basic training), 38 (transfer), 39, 40 and 41 (service allocation and transfer), 41a to 41f (Appeal Commission), 75B (effects of the parental leave on the workplace), 90 (report of the provisional officers), 136a (establishment of the service relationship), 138, and 139 (training phase, using hours and basic training) BDG in 1979 on the members referred to in paragraph 1 does not apply.

(3) the official retirement on grounds of invalidity pursuant to article is inadmissible as long as a member named in paragraph 1 in accordance with article 294, para. 3 Z 2 or 3 of his Office is been removed from 14 BDG 1979.

(4) the Declaration in accordance with § 15 para 1 BDG 1979 and withdrawal in accordance with § 21 1979 are BDG to make to the President. The Chairman has the above declarations to the Federal Ministry of Economics and labour to give.

(5) the membership of a member appointed pursuant to article 292, paragraph 3 of the Federal Procurement Office, which had been prior to his appointment in a public service employed by the Federal Government, by lapse of time, ends section 141a BDG 1979 applies with the proviso that this applies as a dismissal of the former workplace is not responsible of the officials.

(6) sections 91 to 130 BDG 1979 shall apply with the proviso that



1. the disciplinary prosecutor shall be appointed by the Federal Minister for Economic Affairs and labour, 2. the disciplinary Commission and the disciplinary Senate is the staff meeting and 3. decisions taken by the staff general meeting no ordinary appeal is allowed.

(7) the function name is BDG at the same time the corresponding official title according to section 63 1979.

Attendant service



§ 298. As far as the BDG 1979 assigns tasks to the supervisor or head of unit, they are to perceive by the Chairman, taking into consideration the §§ 309 and 310. In addition, the Federal Minister for Economic Affairs and labour is service authority.

Performance assessment



299. (1) the performance assessment with regard to the Vice-Chairmen, who in the business line to make Senate Chairman and the public servants is to meet the Chairman with notice.

(2) against the decision of the Chairman, no ordinary appeal is allowed.

(3) the performance in terms of the Chairman is to meet by notification of the Federal Ministry of Economics and labour.

(4) In addition apply to the performance assessment 1979 sections 81 to 86 BDG.

Grade



§ 300 (1) for the salary of the Chairman, the Deputy Chairman and the Senate Chairman the provisions apply to officials of the General administrative service according to the salary Act of 1956 (GehG), BGBl. No. 54.

(2) it is due to the content of use Group A 1. Add the respective allowance of 6 function group advocates Senate Chairman the relevant allowance of function group 5, for the Deputy Chairman. A fixed salary of function group 7 of the use Group A 1 in accordance with article 31 are due to the Chairman GehG.

(3) the provisions about the revolting date for the classification of the members of the Federal Procurement Office in the respective level of the salary referred to in paragraph 1.

Expenses of other members



The other members of the federal public procurement office (article 292 par. 5) have 301 (1) entitled to a reasonable reimbursement of expenses and reimbursement of reasonable travel costs.

(2) the Federal Minister for Economics and labour has, taking into consideration the importance and the scope of tasks to besorgenden by regulation to set a reasonable reimbursement of expenses and a compensation of for reasonable travel expenses.

3. subsection

Internal organization of the Federal Procurement Office

Line



The Chairman shall 302. (1) the Federal Procurement Office. The line include in particular the control of the service operation and service supervision of the staff.

(2) if the Chairman is prevented, he is represented by the Deputy Chairman. The Deputy Chairman is prevented, it is to represent the oldest Senate Chairman.

Formation and composition of the Senate




303. (1) will the Federal Procurement Office, unless resulting from this federal law not different results in Senates involved.

(2) each Senate consists of a Chairman and two assessors. The Chairman shall chair a Senate to be the Deputy Chairman or the Chairman of a Senate. By the assessors, one must the circle of client and the others belong to the contractor each.

Business assignment, prevention



§ 304. (1) who is Chairman of the applicable procedures to the competent according to the distribution of business Senate for further treatment.

(2) after the business responsibilities falling to a Senate thing may be removed to him only in the case of the respective Senate Chairman by Decree of the President.

Decision-making and guidance of the Senate



305. (1) the Senate is resolutionable, if all members are present. Decisions are taken by majority vote. Abstention is not permitted.

(2) consultation and coordination are not public. You are to forward the respective Senate Chairman.

(3) on the consultation and coordination, a protocol is to lead.

Duties of the Chairman of the Senate



The respective Chairman of the competent tribunal decides § 306 (1) on applications for issuing injunctions.

(2) the Chairman of the Senate performs the procedure. The necessary procedural arrangements require no Senate decision. The Senate Chairman performs the functions of th of the Senate; He has to work out the complete design, to make the motion for a resolution in the Senate and to work out the decision of the Senate.

(3) the Chairman of the Senate set the hearing on and forwards it. He is also the advice and vote of the Senate, announced the decisions of the Tribunal and signed the written copies.

General Assembly; Staff meeting



The members of the Federal Procurement Office form section 307 (1) the General Assembly. This is to be called by the Chairman.

(2) the following decisions of the General Assembly are in the presence of half of the members by a majority of two-thirds of the votes to include:



1. the resolution on the rules of procedure;

2. the decision-making about the allocation of business for each calendar year;

3. resolutions concerning the adoption of the activity report;

4. resolutions concerning the dismissal pursuant to article 294 paragraph 3 with regard to the other members;

5. the addition to the agenda of the General Assembly for reasons of urgency.

(3) other decisions of the General Assembly are taken by a majority vote. Abstention is not permitted. Vote the vote of the Chairman shall be decisive.

(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. A decision of the meeting of officials about the dismissal of the Chairman, Deputy Chairman or a Senate Chairman pursuant to article 294, paragraph 3 requires the presence of two-thirds of the members and a majority of four-fifths of the votes cast. In addition the paragraph 3 and 4 shall apply mutatis mutandis.

Rules of procedure and allocation of business



308. (1) the Federal Procurement Office has to adopt its rules of procedure. Therein, in particular the convening, quorum and the procedure of the meetings of the General Assembly and the Senate, as well as the staff meeting are closer to regulate. In the rules of procedure, the principles of allocation of business are also set, as well as to make further provisions relating to notice requirements and type of announcement regarding the timing of a public hearing.

(2) the allocation of the Federal Procurement Office is to decide in advance of the next following calendar year and to publish in a suitable manner. It has the number of Senate, to regulate the formation of the Senate as well as the distribution of shops to the Senate according to fixed criteria. This caution is same as utilization of the Senate. The allocation of business is to change, if this is necessary to ensure of a proper business.

(3) the Assembly adopted no allocation for the next calendar year until the end of the calendar year, so the previous business distribution continues to apply to the issuing of a new for that calendar year.

(4) the rules of procedure and the distribution of business are published in the Internet.

Business line



Section 309 (1) to the care of the management of the Federal Procurement Office has the Federal Minister for Economic Affairs and labour to set up a business line and to provide the human necessary for the ordinary functioning and technical resources to this.

(2) (constitutional provision) the staff members working in the business line are technically only the directives of the Chairman.

(3) the staff members working in the business line must be removed from the Chairman by this function only after consulting.

Body of evidence



§ 310. (1) the Chairperson's responsibility to work in full respect of the independence of their members on a uniform practice. To do this, is to establish evidence point for the Federal Procurement Office, which has to record the decisions in a clear manner and to keep clear.

(2) the preparation of the decisions of the Federal Procurement Office for documentation is the respective Senate Chairman, if not by the Chairman, provision was made in some other way for this. The preparation has to be done immediately and is tagged in anonymised form and structured publication in the RIS free of charge and in electronic form available to provide for the Federal Chancellor.

(3) the evidence point is the Chairman.

Activity report



section 311. The Federal awarding agency has a year to write a report on its activities and the experience. The activity report is to provide the Federal Minister of Economics and labour and to submit that the Federal Government and the National Council.

2. section

Jurisdiction and procedure

1 subsection

General terms and conditions

Jurisdiction



312. (1) the Federal Procurement Office is responsible in accordance with the provisions of this section at the request of the implementation review procedures (section 2), the issue of interim measures (under article 3) and to carry out proceedings (under section 4).

(2) up to contract award or the revocation of a tendering procedure the Federal Procurement Office for the purpose of elimination of infringements against this Federal Act and the regulations, issued or breaches of directly applicable Community law is responsible



1. go to the issuing injunctions, as well as 2nd to the annulment separately inputs decisions of the contracting authority in the context of the objections relied on by the applicant.

(3) in accordance with procurement procedures, the Federal Procurement Office is responsible



1. in the context of the objections relied on by the applicant to determine, whether due to a breach of this Act or the regulations, issued or for a breach of directly applicable Community law the supplement not in accordance with the specifications in the invitation to tender the offer issued; with the lowest price or the technically and economically most favourable offer

2. at the request of the contracting authority or the successful tenderer in a procedure pursuant to Z 1 to determine whether the applicant is in compliance with the provisions of this Federal Act or of the regulations, issued no real chance of acceptance of the bid, had

3. in the context of the objections relied on by the applicant to determine whether a) direct subcontracting and procurement procedures without prior notice the choice of award procedures not rightly took place, or b) a procurement procedures, which was carried out without preliminary of another contractor directly to an entrepreneur, was manifestly inadmissible on the basis of the provisions of this Federal Act.

(4) after the Declaration of revocation of a tendering procedure, the Federal Procurement Office is responsible



1. in the context of the objections relied on by the applicant to determine whether the withdrawal because of a breach of this Act or the regulations, issued or for a breach of directly applicable Community law was unlawful, or

2. at the request of the customer in a procedure pursuant to Z 1 to determine whether the applicant is in compliance with the provisions of this Federal Act or the regulations, issued would have had no real chance of acceptance of the bid.

(5) up to the procurement procedures or to the Declaration of withdrawal of a tendering procedure the Federal Procurement Office to determine is responsible whether the contracting authority after the significant contract deadline, and contrary to the request of the tenderer to continuation of the process which terminates proceedings through a declaration of withdrawal or award still has continued the proceedings in an appropriate manner.

Information disclosure




313. (1) the scope of this federal law underlying principal or forgiving bodies have to provide all information necessary for the performance of their duties the federal public procurement office and to submit all necessary documents. The same applies to the contractors participating in a tendering procedure.

(2) a principal, a forgiving place, or an entrepreneur has not submitted documents, information is not granted or although issued a report, but not presented the documents of the tendering procedure, the Federal Procurement Office may decide on the basis of the claims of the non-defaulting party, if the principal or the contractor previously expressly advised on this default sequence.

Loads



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

Deliveries



315. (1) If a part of the dispute has announced an electronic address (E.g. email, fax address) the federal public procurement office has the Federal Procurement Office to submit written out to this electronic address. Such submissions is considered to have been delivered as soon as the registration in the electronic available range of the receiver is. § 3 para 2, 4 para 3, 5 to 9 and 11 of the extra law (ZustG), Federal Law Gazette No. 200/1982, are mutatis mutandis apply subject to the proviso that the known electronic address is considered place of delivery within the meaning of those provisions of the Act of delivery.

(2) a part of the dispute announced no electronic address the Federal Procurement Office are written out according to the provisions of the I. and II. to place section of the extra law to a delivery point.

Oral proceedings before the Federal Procurement Office



316. (1) the Federal Procurement Office has at the request or, if it considers it necessary, officio conduct a public hearing.

(2) as far as the article 6 of the Convention for the protection of human rights and fundamental freedoms, Federal Law Gazette No. 210/1958, does not preclude the negotiations despite the application of a party may be omitted if



1. the introductory procedure application be rejected is, or 2. has the Federal Procurement Office to issue an other procedural notice, or 3 due to the location of the file is already defined, that the procedure initiating request to grant or to reject being.

(3) the applicant is conducting a negotiation in the officials - or request to apply for. Is the contractor and any defendants be given the opportunity, to make a request to hold a hearing within a reasonable period as a week not exceeding. A request to hold a hearing may effectively be withdrawn only with the consent of the other parties.

Carrying out the negotiation and adoption of the decision



§ 317. In proceedings before the Federal Procurement Office, the §§ 67e are mutatis mutandis apply no. 314/1981, 67f para 1 and 67 g AVG as well as section 22 of the Act, Federal Law Gazette.

Fees



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. For these applications and proceedings before the Federal Procurement Office, no fees apply according to the fees Act.

(2) the amount of the lump-sum fee pursuant to par. 1 depends on the procedure carried out by the contracting authority. 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.

(3) the flat-rate fee is to be paid in accordance with the application rates shown in annex XIX. Bidding and working groups have to pay the flat-rate fee only once.

(4) 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.

Fees replacement



319. (1) the before the Federal Procurement Office if even partially successful applicant has claim to spare of his fees paid in accordance with § 318 by the customer. The applicant has also entitled to reimbursement of fees paid pursuant to § 318, if he will indemnify made during the proceedings.

(2) a claim to reimbursement of the fees for an application for interim injunction only exists if



1 the review request (main request) will be upheld and 2. request for temporary injunction was granted or dismissed the application for interim injunction only due to interests.

(3) the Federal Procurement Office decides replacement of fees.

2. subsection

Review procedures

Initiation of the procedure



320. (1) a contractor up to contract award or to the withdrawal of the reviews of a separately actionable decision of the contracting authority in the contract award procedure due to illegality, can request unless



1. He claims an interest in the conclusion of a contract within the scope of this federal law, and 2. a damage is caused by the alleged unlawfulness or threatens to arise.

(2) between the access of understanding about the departure and included the announcement of the award decision or the revocation decision time is shorter than the period provided for in § 321, an offeror is entitled under one to apply for the review of leaving and the review of the contract award decision or the revocation decision within the time limits provided.

(3) the request for review is no suspensive effect on the contract award procedure.

(4) if same separately appealable decision is challenged by several entrepreneurs, the Federal Procurement Office - taking has on the §§ 101, para 2, 104 para 3, 105 para 6, 249 par. 2, joining 253 para of 3 and 254 para 6 - procedures for joint negotiation and decision. A separate prosecution is permissible if this is located in the interest of convenience, simplicity and cost savings.

Deadlines for applications for review



Requests for reviews a separately actionable decision are § 321 (1)



1 accelerated proceedings of urgency pursuant to § 63 within seven days, 2. in procedures, in which cumulated offer deadlines in accordance with § 61 and at the same time in accordance with § 62 shortened, seven days, 3. in the case of tackling the award decision for the award of contracts by way of an electronic auction, or on the basis of a dynamic purchasing system within seven days, 4. in case of combating the revocation decision in the referred to in paragraph 4 in § 140 para 4 and 279 cases within seven days , 5. in the case of a procurement procedure in the threshold area in accordance with the provisions of the 2nd and the 3rd part of this Federal Act within seven days, 6 in the case of a direct award within seven days, carrying out 7 in all other cases within 14 days from the date to introduce, in which the applicant by determining separately actionable gained knowledge or gain could have.

(2) requests for review of the tender or competitive materials are



1. unless the offer period or the period for submission of the competition works less than 15 days, three days before the expiration of the offer period or the period for submission of the competition works, 2. in all other cases within seven days before the expiration of the offer period or the period for submission of the competition works to introduce.

Content and admissibility of review



An application under article 320, paragraph 1 has 322. (1) in any case to contain:



1. the exact name of the procurement process in question, as well as the contested separately actionable decision, 2. the exact name of the customer, 3. a representation of the relevant facts of the case including the interest in the conclusion of the contract, in particular in the fight against the award decision the name of the bidder for the contract in view of, 4. information about the alleged imminent or has already occurred damage for the applicant, 5. the specific designation of law , which considered the subject as the injured, 6 the grounds on which the allegation of illegality is based, 7 an application for annulment of the contested separately actionable decision, and 8 the data which are necessary to assess whether the time was tabled.

(2) the request is invalid in the following cases, when



1. He is not aimed against a separately appealable decision, 2. He is not dismissed within the time limits referred to in § 321, or 3 he improperly was charged despite the request to improve.

Notice of initiation and a hearing



§ 323. (1) which is input of an not manifestly inadmissible application for review to make known by the Chairmen of the relevant Senate promptly on the Internet.

(2) the notice shall contain at least:



1.

the name of the customer and the procurement procedure according to the review request (article 322, paragraph 1 Z and 2);

2. the designation of fighting separately actionable decision according to the information contained in the review request (article 322, paragraph 1 Z 1);

3. the reference to the consequences of estoppel according to section 324, para 3.

(3) the contracting authority referred to in the application for review is immediately personally by the receipt of the review request to communicate by the Chairman of the Tribunal; This communication has the Z in para 2 to contain 1 and 2 listed.

(4) in the case of the fight against of a contract award decision, the bidders for the contract in view of is at least immediately personally by the receipt of the review request to communicate; by the Chairman of the Senate This agreement shall contain the information referred to in paragraph 2.

(5) in review procedures, also the organised a public hearing on the Internet is to be published; This announcement must contain at least the information referred to in paragraph 2.

(6) in review procedures relating to review a contract award decision is taken for the contract in view of tenderers about the scheduled of a public hearing to communicate personally.

Parties to the investigation proceedings



324. (1) in any case, the applicant and the customer are parties to the review proceedings before the federal public procurement office.

(2) parties to the review proceedings are also those entrepreneurs who immediately can be adversely affected by the decision that is coveted by the applicant in their legal interests protected (defendant); in particular, party of the investigation procedure is in the case of the award decision the bidder for the contract in view of combat.

(3) the bidder in an award decision for the surcharge in Vista loses his party position, if he collects his justified objections to the decision that is coveted by the applicant within two weeks from the notification of the personal understanding of initiation of the investigation procedure (section 323 paragraph 4). Other parties in accordance with paragraph 2 lose its party status, if they raise their reasonable objections to the decision that is coveted by the applicant within two weeks from the announcement of the introduction of the procedure according to § 323 subsection 1. If there is a hearing before expiry of these deadlines, the objections can be raised no later than at the hearing. § 42 para 3 shall apply mutatis mutandis AVG.

(4) have several entrepreneurs challenged same separately appealable decision of the contracting authority, so party position theirs in all review procedures concerning this decision.

Annulment of decisions of the contracting authority



325. (1) the Federal Procurement Office has to explain a case as part of a procurement procedure separately appealable decision a client's decision null and void if



1. you or a previous you not separately actionable decision the applicant injured in the 5 laws made under article 322, paragraph 1 Z, and 2. is unlawful for the outcome of the procurement procedure by major influences.

(2) as the annulment of illegal decisions, including the removal of discriminatory for contractor requirements with regard to technical performance characteristics, as well as in terms of economic or financial performance in the tender documents or any other document of the award procedure in considering comes.

Decision deadline



Section 326. On applications for annulment of decisions of a principal is immediately to decide no later than 6 weeks after receipt of the request.

Courage will penalties



Section 327. Sets a ceiling for courage will penalties of the review procedure (section 35 AVG) one per cent of the estimated value of the contract, but not exceeding EUR 20 000. For the calculation of courage will punishment, section 19 of the Criminal Administration Act is 1991 - apply by analogy to VStG, BGBl. No. 52.

3. subsection

Restraining orders

Submission of the



328. (1) has the Federal Procurement Office at the request of a trader, which according to article 320, paragraph 1 the application requirements are not obviously missing to arrange without delay interim measures by injunction, which appear necessary and appropriate, to eliminate or prevent a resulting from the alleged unlawfulness of a separately actionable decision or imminent damage of interests of the applicant.

(2) the request for issuing an interim injunction is to introduce the Federal Procurement Office. It has to contain:



1. the exact name of the procurement process in question, the separately actionable decision as well as the customer, 2. a representation of the relevant facts as well as the existence of the conditions referred to in article 320, para. 1, 3. the exact name claimed the illegality, 4. the accurate presentation of the imminent damage to the interests of the applicant and a Glaubhaftmachung of relevant facts, 5. the precise designation of the information coveted interim measure and 6 , are needed to assess whether the application was submitted in a timely manner.

(3) if still no review application was made to combat the alleged illegality, the request for issuing an interim injunction is allowed only when he is introduced before the deadline for enforcement laid down in § 321 concerned unlawful.

(4) If an application for issuing an interim injunction made in time, subsequently but until the end of the period referred to in section 321 no permissible application for review made to fight the illegality that is referred to in the application for issuing the injunction or an already a review request withdrawn again after the application deadline, the procedure for issuing the injunction informally set is. A restraining order at most adopted occurs in this case with the expiry of the period referred to in section 321 or at the time of the withdrawal of the investigation request override. The applicant and the principal are to communicate by the expiry of the temporary injunction.

(5) the Federal Procurement Office has the affected contracting authority of the receipt of an application for injunction with the prohibition on the acceptance of the bid, the prohibition of the Declaration of revocation or the omission of opening of tenders is requested to notify immediately. Suspensive effect comes to after receipt of the communication of the receipt of the request until the decision on the request for applications for interim injunction, which covet the prohibition on the acceptance of the bid, the prohibition of the Declaration of revocation or the omission of the opening of the bids. The customer must take up to the decision on the application



1. when other invalidity the supplement not grant, or

2. when other invalidity the procurement procedures has not revoked, or

3. the offers to open.

(6) the Federal Procurement Office has the understanding to the contracting authority of the receipt of an application for injunction on the legal consequences of submission to indicate.

(7) an application for issuing an interim injunction is inadmissible if despite the request to improve the application improperly was charged.

Issuing the injunction



329. (1) has the probable consequences of the measures to be taken for all likely to be harmed interests of the applicant, the other candidate or tenderer and the contracting authority, as well as a possible public interest in the continuation of the award procedure to weigh up the Federal Procurement Office before of the issue of a temporary injunction. This tradeoff results in a preponderance of the adverse consequences of an interlocutory injunction, is the request for issuing the injunction be dismissed.

(2) with an injunction can be the entire procurement process or individual decisions of the contracting authority temporarily suspended pending a decision of the Federal Procurement Office about a possible annulment or other appropriate action mapped. Where is the each accounting interim measure leading to the goal to have.

(3) in a preliminary injunction, the time for which this order is made to determine. The injunction occurs after the particular time, at the latest however with the decision of the Federal Procurement Office on the application for annulment override in which the question of illegality is claimed. The Federal Procurement Office has to waive the injunction immediately on request or by virtue, as soon as the conditions that have led to their adoption, have disappeared. The Federal Procurement Office has immediately upon request or by virtue to extend the injunction, if the conditions which led to its adoption, continue to exist after the expiry of the period.

(4) interim injunctions are immediately enforceable. For the enforcement of the administrative enforcement law is 1991 - German insurance contract law, BGBl. No. 53.

Procedural provisions




Section 330. (1) in proceedings for the issue of an injunction must be carried out no public hearing.

(2) parties to the proceedings to the issuing of an injunction are the applicant and the principal.

(3) on applications for issuing injunctions is without delay, but no later than within one week after receipt of the request to decide. Had to reset the application to improve, is to decide on it at the latest within 10 days. The deadline is met if the registration to all parties was demonstrably sent prior to expiration.

(4) in proceedings regarding the issuing of an injunction is the upper limit for courage will penalties (section 35 AVG) one per cent of the estimated value of the contract, but not exceeding EUR 20 000. For the calculation of courage will sentence § is 19 VStG to be applied mutatis mutandis.

4. subsection

Approval procedure

Initiation of the procedure



An entrepreneur who had an interest in the conclusion of a contract within the scope of this federal law, can 331. (1) if damage is caused by the alleged illegality, the determination request, that



1. the option of direct award or a procurement procedure without prior notice due to a breach of this Act or the regulations, issued or for a breach of directly applicable Community law was illegal, or 2 due to a breach of this Act or the regulations, issued or for a breach of directly applicable Community law the supplement not in accordance with the specifications in the invitation to tender was granted the offer with the lowest price or the technically and economically most favourable offer , or 3. the Declaration of revocation of an award procedure due to a breach of this Act or the regulations, issued or for a breach of directly applicable Community law was illegal, or 4 a contract award, which was carried out without preliminary of another contractor directly to an entrepreneur, was manifestly inadmissible on the basis of the provisions of this Federal Act.

(2) a bidder who had an interest in the conclusion of a contract within the scope of this federal law, may request the determination 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.

(3) be in terms of the same procurement procedure determination applications made pursuant to par. 1 of several entrepreneurs, the Federal Procurement Office has the procedure possible for joint negotiation and decision to join. A separate prosecution may in any case if this is located in the interest of convenience, simplicity and cost savings.

(4) If during a pending investigation of the supplement granted or revoked the award procedure is the procedure before the Federal Procurement Office at the request of the entrepreneur, which has made the review request, to continue as the approval procedure. The same applies if a decision of the Federal Procurement Office on the application for annulment of the decision of a contracting authority was abolished by the Constitutional Court or the Administrative Court, and before the decision of the Constitutional Court or the Administrative Court, the surcharge has been granted or revoked the award procedure. The position of an application in accordance with sentence 1 rests the procedure; No application within the meaning of this paragraph is made until the expiry of the period pursuant to article 332, paragraph 2, is the procedure to set informally. Section 332 paragraph 2 is to apply subject to the proviso that the time of proceedings before the Constitutional Court or the administrative court not to include is.

Content and admissibility of statement



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



1. the precise designation of the procurement process in question, 2. the exact name of the customer, 3. as far as this is reasonable, the exact designation of any tenderer, 4. the representation of the relevant facts of the case including interest at the conclusion of the contract, 5. information about the claimed damage for the applicant, 6 the specific designation of law, which considers the applicant as injured, 7 the reasons , on which is based the assertion of illegality, 8 a particular desire, and 9 to the information that is required to assess whether the application was submitted in a timely manner.

(2) the right to determine the illegality of the bid, the revocation or the illegal choice of award procedures expires if the application pursuant to article 331, paragraph 1 is made Z 1-3 or paragraph 4 within six months from the date 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) 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.

(5) a request to be established in accordance with article 331, paragraph 1 is also forbidden, when despite the request to improve the application improperly was charged.

Parties to the proceedings



333. Parties of a determination procedure according to § 312 para 3 to 5 are the applicants, the contracting authority and an any tenderer.

Detection of infringements



§ 334. The Federal Procurement Office has only to make a determination in accordance with section 312, paragraph 3 or 4 when the illegality for the outcome of the procurement procedure by major influences was.

5 part

Non control and civil provisions

1. main piece

Non control

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



335. (1) if in matters of public procurement, the Commission calls on the Republic of Austria to the opinion, or urges the Republic of Austria, to remedy an alleged violation of the procurement rules contained in Community law, is to proceed in accordance with the following paragraphs.

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

(3) where under the provisions of Community law disclosure requirements are the Republic of Austria to the Commission, the affected client or the issuing authority or the concerned entrepreneur has the Chancellor within ten days, contracting authorities which carry out activities within the meaning of sections 167 to 172, and entrepreneurs who participate in a procurement procedure in the field of water, energy, transport and postal services are, however, no later than 19 days , after receipt of the said request for the purpose of forwarding to the Commission to submit the following documents:



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

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


(5) after a notification pursuant to paragraph 3 No. 2 lit. c has known the contracting authority or the sector customer may immediately termination of suspension or the opening of a new tendering procedure which relates wholly or partly to the previous procurement procedures, the Federal Chancellor for the purpose of understanding the Commission to give. Such renewed communication is either to confirm, that the alleged illegality has been fixed or a detailed rationale to give, why not remove the illegality.

Certification procedures



Section 336 (1) sector client can regularly examine their procurement procedures and practices by an Attestor or a certification authority, to obtain an attestation that these procedures and practices at the time part of this Federal Act comply with the provisions of Community law on the award of orders and with the regulations of the 3rd.

(2) the Attestor or the certification authority has to report the sector contracting authority in writing of the results of the investigation. Prior to issuance of a certificate referred to in paragraph 1 to the contracting authority of the sector has become Attestor or the certification authority to make sure that any irregularities detected by them in the procurement procedures and practices of the sector contracting authority have been eliminated and that the sector principal has taken appropriate measures, which prevent a renewed occurrence of these irregularities.

(3) sector contracting authorities who have received a certificate referred to in paragraph 1, can make following statement in calling to the competition:



"The principal has received an attestation pursuant to Directive 92/13/EEC of the Council, that its procurement procedures and practices most... comply with the provisions of Community law on the award of contracts in the sector and with the legislation of the Republic of Austria on the implementation of Community law."

(4) the Federal Government shall by regulation "Certification standard for the review of the procurement procedures by contracting authorities in the field of water, energy, transport and telecommunications sectors" by April 1, 1996, for binding to explain the ÖNORM EN 45 503.

Non conciliation



337. (1) every candidate or tenderer, who has an interest in a particular order on the provisions of the 3rd part of this Federal Act to the application come or had and who claims that a defect occurred in connection with the procedures for the award of this contract through a violation of the provisions of Community law on the award of orders, the provisions of this Federal Act or with the regulations adopted on the basis of this Federal Act or threatens to arise , a conciliation procedure before the Commission may in writing - unless it is to sector contracting, which fall in the enforcement area of a country, in the way of each country Government - apply for. This amendment is to bring in the Federal Ministry for Economics and labour. It has to forward the request through the permanent representation of Austria to the European Union without delay to the Commission and to inform the Federal Chancellor.

(2) every party involved in the mediation procedure has immediately appointed a conciliator and to announce whether she will accept the arbitrator proposed by the Commission the Commission. The mediator can involve more than two other relevant qualified people as experts, advising them in their work. The parties involved in the conciliation proceedings and the Commission can reject the experts proposed by the arbitrators.

(3) a conciliation or investigation procedures is already in relation to the order referred to in paragraph 1 by a contracting authority pending, the affected sector client has to inform the arbitrator of it. The arbitrators have the candidate or tenderer has applied for the conciliation or investigation procedures, be informed of the initiation of nongovernmental dispute settlement procedure. You have to ask the candidate or tenderer to be communicated within a period of three days, if he joins the out-of-State arbitration. Joining a nongovernmental resolution process has no effect on the pending arbitration or review proceedings before a contracting authority. The candidate or tenderer, refuses to join the out-of-State arbitration, so the arbitrators may decide if they believe that the accession of the candidate or tenderer to the settlement of the dispute is required, the setting of nongovernmental dispute settlement procedure with majority. The decision is to communicate to the Commission, stating the reasons.

(4) the conciliators have the applicant be given the opportunity to comment the sector principal and all other candidates involved in the procurement procedure or bidders. You have to work in accordance with the provisions of the EC Treaty and the principles of this Federal Act on an amicable settlement between the parties; they have to report to the Commission about their conclusions and all results of the process.

(5) the applicant and the affected sector client can terminate at any time the procedure by the Declaration to continue the procedure, not more. Unless otherwise agreed by the parties, they have them in out-of-State arbitration to deny costs themselves therefrom. The costs of the proceedings shall be borne by the parties equally. About the reimbursement of other costs, the Federal Minister for Economic Affairs and labour to decide has on request.

(6) the Federal Government shall by regulation detailed provisions regarding the correspondence with the Commission, the development of nongovernmental dispute settlement procedure, to adopt the possible participation of Austrian authorities on the procedures and the selection of the mediator for the conciliation procedure.

2. main piece

Civil provisions

Claims for damages



A candidates lost over, tenderers or best bidder has § 338. (1) culpable violation of this Federal Act or of the regulations adopted on the basis of this Federal Act by organs of the contracting authority or a forgiving place against the employer, attributable to the conduct of organs of the forgiving place is entitled to reimbursement of the costs of the supply position and the cost of participation in the procurement procedure. Further, but only as an alternative to damages of over the previous best tenderer under other legislation are not affected.

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

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

The customer's right of withdrawal



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

Relationship to other laws



section 340. In addition, in other legal provisions existing for damages, injunctive, Solidarhaftungen as well as rights of rescission and other design, you remain unaffected.

Jurisdiction and procedure



§ 341. (1) to decide on claims in accordance with the articles 338 and 339 the Court entrusted with the exercise of the general jurisdiction in civil cases is exclusive jurisdiction without regard to the dispute in the first instance, in whose jurisdiction the contracting authority is established. A such jurisdiction, is missing in the country, the Landesgericht für zivilrechtssachen Wien is responsible.

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



1 due to a breach of this Act or the regulations, issued or for a breach of directly applicable Community law the supplement not in accordance with the specifications in the invitation to tender was granted the offer with the lowest price or the technically and economically most favourable offer, or 2. the option of direct award or a procurement procedure without prior publication of notice not rightly took place, or 3.

the Declaration of revocation of an award procedure due to a breach of this Act or the regulations, issued or for a breach of directly applicable Community law was illegal, or 4 a contract award, which took place, without preliminary of another contractor directly to an entrepreneur was manifestly inadmissible on the basis of the provisions of this Federal Act, or 5 the contracting authority after the significant contract deadline, and contrary to the request of the tenderer to continuation of the procedure terminated the procedure through a notice of withdrawal or procurement procedures nor the Process has continued in an appropriate manner.

This last sentence also applies to that in article 338, paragraph 1 claims referred to as well as claims arising from unfair competition. Without prejudice to the paragraph 4, the Court and the parties to the proceedings before the Federal Procurement Office to such a determination are bound.

(3) by way of derogation from paragraph 2, a claim for damages is allowed if the Declaration of withdrawal of a tendering procedure does not violate this Act or the regulations, issued has violated, but culpably caused by the client.

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

Effect of a repealed decision on the contract



section 342. Repeals a decision of a contracting authority by the constitutional or administrative court, and the contract was awarded before the decision of the Constitution or of the Administrative Court, as have the repealed knowledge as well as, where appropriate, the following finding of the contracting authority, that the decision of the contracting authority was unlawful, no effect on the contract.

Provisions on arbitration



§ 343. For the cases where arbitration is agreed upon, the applicability of the provisions of the 4th section of the 6th part of civil procedure (ZPO), to provide RGBl. No. 113/1895, is. Deviations from these rules must not be seen before in tendering. The Federal Government can make detailed stipulations with regard to the fee schedule to be here with regulation while respecting the principles of economy, efficiency and expediency.

6 part

Criminal, final and transitional provisions

Penal provisions



Who commits as principal, whose organe not under article 20 B-VG are bound, or agency than of a process between the Republic of Austria and the Commission restructure affected or affected entrepreneurs injured his notification, requests for information or template obligations in accordance with the sections 44, 45, 205, 206, 313 para 1 or 335, 344 (1) an administrative offence and be punished up to 15 000 euros fine.

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

Entry into force-, except force- and transitional provisions



§ 345. (1) for the force of the Federal Act Federal Law Gazette I no. 17 / 2006 amended provisions and for the termination of the provisions of this Federal Act repealed by the same federal law is without prejudice to the paragraph 2 to 5 the following:



(1) this federal law shall enter into force 1 February 2006.

2. (constitutional provision) the sections 291 paragraph 3, 294 ABS 2 Z 3, 295 and 309 para. 2 enter into force with February 1, 2006.

3. at the same time with the entry into force of this Federal Act is the Federal Procurement Act 2002, Federal Law Gazette I no. 99/2002 override.

4. (constitutional provision) at the same time contact with the entry in force of the provisions referred to in no. 2 the sections 135, para 3, 139 paragraph of 1 and 140 paragraph 2 of the Federal procurement law of 2002 override.

(2) at the time of entry of into force of the Federal Act Federal Law Gazette I not apply no. 17 / 2006 already initiated procurement of part 1 to 3 this federal law. These procurement procedures are to finish according to the previous legal situation. For the award of contracts on the basis of framework agreements in accordance with § 25 paragraph 7, the date of entry of into force of the Federal Act Federal Law Gazette I no. 17/2006 already completed are in § 152 of this Act does not apply. The previous legal situation applies to this procurement.

(3) for the force of the Federal Act Federal Law Gazette I no. 17 / 2006 amended provisions and for the termination of the provisions of this Federal Act in those matters in which repealed by the same federal law enforcement pursuant to Article 14b 2 Z 2 B-VG country thing is to apply the paragraphs 1 and 2 with the following stipulations:



1 the provisions of the Federal Procurement Act apply to the conclusion of framework agreements until December 31, 2006 2002. The provisions of the BVergG 2006 concerning the conclusion of agreements with 1 January 2007 into force.

2. orders can be due to a dynamic purchasing system (article 25, paragraph 8, article 192 para 8) and are awarded through a competitive dialogue (§ 25 para 9) with January 1, 2007.

3. the provisions on the obligation to communicate about the departure of a bidder (article 129, para. 3, article 269, paragraph 4, and section 270, para. 6) enter into force on 1 January 2007.

4. sections 141 and 280 come into force 1 January 2007. The provisions of the Federal procurement law apply 2002 not priority services procurement until the end of December 31, 2006.

5. § 2 Z 16 occurs except for determining the revocation decision as a separately appealable decision in force on January 1, 2007. Article 20 remains in force until the expiry of the 31 December 2006 Z 13 of the Federal procurement law of 2002.

(4) at the time of entry of into force of this Federal Act on the Federal procurement office pending cases are of the Federal Procurement Office under the provisions of the Federal procurement law of 2002 to continue. A review of procedures at the time of entry of into force of this federal law is already pending, the provisions of Federal procurement law apply for the procedure for the adoption of measures in 2002.

(5) are considered at the time of entry of into force of this federal law already made orders of the other members (alternate members) of the Federal procurement office orders in accordance with this federal law. The appointment of the Chairman and the Senate Chairman in accordance with the Federal procurement law 2002 considered appointments under this federal law. § 292 section 7 is the permanent appointment of Senate Chairman of the Federal Procurement Office not to apply, that had already been Senate Chairman of the Federal Procurement Office at the time of entry of into force of this federal law. Vice-Chairman of the Federal Procurement Office that appointed Senate Chairman indefinitely, exercising this function pursuant to article 302, paragraph 2 at the time of entry of into force of this federal law. Section 292, subsection 2, 4 and 7 shall not apply to the order pursuant to sentence 4.

(6) the regulation of the Federal Government, with which the ÖNORM EN 45 503 for certificates within the scope of Federal procurement law 1997 for binding is explained (certificate Regulation), Federal Law Gazette II No. 251/1997, is considered mandatory declaration in the sense of § 336 4 of this Federal Act.

(7) the regulation of the Federal Government concerning the creation and delivery of electronic services in procurement - E-procurement regulation 2004, Federal Law Gazette II No. 183/2004, is repealed.

(8) Regulation of the Federal Chancellor on the in the scope of the Federal procurement law of 2002 to use standard forms for the announcements of jobs (services) - standard form Regulation 2003, BGBl. II is no. 335/2003, repealed.

(9) the regulation of the Federal Government concerning the adjustment of the threshold values set out in the Federal Procurement Act 2002 - thresholds Ordinance 2005, BGBl. II No 56/2005, is repealed.

(10) the regulation of the Federal Government concerning the amendment of annex VII of the Federal procurement law 2002, Federal Law Gazette II No. 206/2003, is repealed.

(11) the regulation of the Federal Government concerning the fees for the use of the Federal Procurement Office, Federal Law Gazette II No. 324/2002, is repealed.

(12) the regulation of the Federal Chancellor concerning the establishing of the publication medium for announcements in accordance with the federal public procurement law, BGBl. II No 323/2002, is repealed.

Enactment and regulations in force



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

Applicability of the provisions of this Federal Act



section 347. As far as other legislation federal provisions of Federal procurement law of 2002 is referenced, the corresponding provisions of this Federal Act take their place.


Agreement on government procurement



§ 348. The agreement on government procurement, OJ No. L 336 of 23 December 1994, S 273, remains unaffected.

Enforcement



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



1 of sections 18, 50, 52 para 1, 55 par. 1, 186, 211, 216 para 1, 219 para 2, 270 (3) the Federal Chancellor, 2. Article 335, paragraph 2 fourth set of the Federal Chancellor and the Federal Minister for Foreign Affairs, 3. sections 179 paragraph 5 fifth set and 335 para 2 first and second sentence of the Federal Minister for Foreign Affairs, 4. the sections 45 , 72 paragraph 4 first sentence, 178 paragraph 4, 179 paragraph 4 fifth and sixth set, 206 and 337 para. 1 of the Federal Minister for Foreign Affairs and the Federal Ministry of Economics and labour, 5 §§ 338-341 of the Federal Minister of Justice, 6 of § 44 para 1, 72 para 4 second sentence, 125 par. 6, 179 paragraph 4 first to fourth set , 179 paragraph 5 seventh and eighth sentence and paragraph 6, 205, 268 para 4, 291 para 1, 292 para 4, 293 para 4, 297 paragraph 4, second sentence, and paragraph 6 Z 1, second set of 298, 299 para 3, 301 para 2, 309 para 1, 311 second sentence and 337 para 5 of the Federal Ministry of Economics and labour, 7 of the remaining provisions of this Federal Act , insofar as only the scope of a Federal Minister is concerned, this Federal Minister and 8 moreover entrusted the Federal Government.

(2) as far as international commitments of in Austria or the amendment of Community rules require this or this is permissible on the basis of Community legislation, can that Federal Government determine by regulation, that instead of annexes I to XIV and XVI to XVIII other boundaries of the scope to use instrumental or instead of the apparent from annexes other lists of job titles or Community rules or information for notices are or other characteristics for the publication or other requirements for the equipment for the reception of electronic apply submitted records. Insofar as this is necessary in the interest of a uniform and correct procedure for the award of contracts, the Federal Government may determine by regulation that other patterns to the notice are to use instead of annex XV.

(3) the Federal Government has the rates in annex XIX by regulation to adjust if it requires to cover the cost of establishing legal protection of personnel associated with the enforcement of this Act and expenses.

References, personal names



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

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

Referring to acts of the European Community



Section 351. By this federal law, following the European Community acts are implemented or taken into account:



1. Directive 89/665/EEC of 21 December 1989 on the coordination of laws, regulations and administrative provisions relating to the application of review procedures in the context of the award of public supply and public works contracts (remedies directive), OJ No. L 395 of 30 December 1989, p. 33, in the version resulting from article 41 of Directive 92/50/EEC.

2. Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the award of contracts by contracting authorities in the field of water, energy, transport and telecommunications sectors (utilities remedies directive), OJ No. L 76 of 23 March 1992, p. 14.

3. Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the granting and using authorisations for the prospection, exploration and production of hydrocarbons, OJ No. L 164 of 30 June 1994, p. 3.

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.

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 of the corrigendum OJ No. L 351 of the 26.11.2004, 44.

6 Commission decision 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, p. 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.

Fischer

Bowl

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