17. Federal Law on the award of contracts (Federal Public Procurement Law 2006 - BVergG 2006)

The National Council has decided:

Contents

1. Part

Rules and definitions

Regulatory object

§ 1. (1) This federal law regulates in particular:

(2) Includes one of the activities for which the procurement of the service is carried out, Part of this federal law, but the other activities are the provisions of the 2. Part of this federal law, and it is objectively not possible to determine which activity is the main object of the contract, the award procedure is in accordance with the provisions of the 2. implement parts of this federal law.

(3) The choice between the award of a single contract and the award of several separate contracts must not be made with the aim of circumventing the application of this federal law.

Definition provisions

§ 2. The scope of this federal law is based on the following definitions:

2. Part

Public procurement procedures

1. Main

Scope, principles

1. Section

Personal scope

contracting authorities and others to apply provisions
This federal law obliges contracting authorities

§ 3. (1) This federal law applies except its 3. Parts for the procurement procedures of contracting authorities (hereinafter: contracting authorities)

(2) If contracting authorities in the upper threshold area of an institution that is not a contracting authority within the meaning of the paragraph. 1 is construction contracts for construction works in the sense of Annexes I or works contracts within the meaning of: Annexes II or, in conjunction with such works contracts, directly subsidise service contracts for more than 50 vH, the provisions of the 1., 2. and 4. to 6. Part of this federal law.

(3) If contracting authorities in the upper threshold area on behalf and for invoices of an institution that no contracting authority within the meaning of the paragraph. 1 is construction contracts for construction works in the sense of Annexes I or works contracts within the meaning of: Annexes II or service contracts awarded in conjunction with such works contracts which directly subsidise them to more than 50 vH, the provisions of the 1st, 2nd and 4th to 6. Part of this federal law.

(4) If contracting authorities of a body that is not a contracting authority within the meaning of the paragraph. 1 is and the works contracts will be awarded to third parties to grant a concession, the provisions of the § 142(2). 3, 143. 1, 3 and 4 and 145.

(5) If the contracting authority of a body that is not a contracting authority within the meaning of the paragraph. 1 is to recognise special or exclusive rights to carry out an activity of the public service area, the legal act on the recognition of this right must determine that, in the context of the award of supply contracts, the institution concerned shall be entitled to the principle of non-discrimination on grounds of nationality within the meaning of Article 19(1). 1 and 2.

2. Section

Types of contracts

Works

§ 4. Works contracts are pay-outs, the subject matter of the contract

Delivery orders

§ 5. Delivery orders are pay-offs, the subject matter of purchase, leasing, rent, lease or purchase, with or without purchasing option, of goods, including by-products such as transfer and installation.

Services

§ 6. Services contracts are pay-outs that are not contracts for construction or supply and whose subject-matter is services within the meaning of Annexes III (prioritial service contracts) or IV (not priority services) are.

Construction concessions

§ 7. The concession contracts are contracts whose object of the contract is merely in so far as the compensation for construction services is exclusively in the right to use the building or in this right to pay a prize.

Services concession contracts

§ 8. Services concession contracts are contracts whose contract object of service contracts is only in so far as the countervailing for the provision of services is solely in the right to use the service or in that right to pay a prize.

Definitions

§ 9. (1) Paying contracts that cover both deliveries within the meaning of Section 5 and services within the meaning of Section 6 shall be considered as service contracts where the value of the services covered by the contract is higher than the total value of the goods. Otherwise, such contracts are considered as supply contracts.

(2) Paying contracts, both services within the meaning of Section 6 and works in the sense of Annexes I as ancillary work in relation to the main object of the contract shall be considered as service contracts.

(3) Orders to pay both priority services according to Annex III as well as non-privacy services according to Annex IV consist of priority service contracts when the value of the services according to the Annex III greater than that of the services provided by: Annex IV. Is the value of services according to Annex IV more than the one of the services according to Annex III, these contracts are considered as non-priority service contracts.

3. Section

exceptions to the scope

Public procurement procedures excluded from the scope of the law

§ 10. This federal law does not apply

Services concession contracts

§ 11. This federal law applies with the exception of Article 3(2). 1, 8, 49, 335, 344 and 345. 1 to 3 not for the award of service concessions. Services concession contracts are by contracting authorities in accordance with Section 3(2). 1, having regard to the fundamental freedoms of Community law and to the prohibition of discrimination and, where necessary, on the basis of the value and object of the Treaty, is, in principle, awarded in a procedure with several entrepreneurs ensuring an adequate level of public interest and in accordance with the principles of free and fair competition. The award of service concession contracts in a formal-free procedure directly to a selected entrepreneur (direct award) is only allowed if the estimated value of services does not exceed 40 000 euro without VAT. § 3(2). 5 of this federal law must be applied in a meaningful manner when awarding service concession contracts.

4. Section

thresholds, calculation of estimated performance value

thresholds

§ 12. (1) Procedures by contracting authorities for awarding contracts shall be carried out in the upper threshold area if the estimated value of the contract without VAT is

(2) Competitions of contracting entities shall take place in the upper threshold area if, in the event of real-time competition, the estimated value of the service contract without VAT taking into account any price and payments to participants or to pay. the sum of the prize money and payments to the participants

(3) Procedures of contracting authorities for the award of contracts shall be carried out in the lower threshold area if the estimated value of the contract without VAT is lower. 1 above amounts not reached. Competitions will take place in the lower threshold area if the estimated value of the contract is calculated on the basis of the price and payments or the sum of the prize money and payments to the participants in paragraph. 2 above.

General provisions on the calculation of the estimated order value

§ 13. (1) The basis for calculating the estimated value of a public contract is the total value without VAT, which the contracting authority is expected to pay. This calculation will take into account the estimated total value of all the services belonging to the project, including all options and possible contract extensions.

(2) If the contracting authority imposes premiums or payments to candidates or tenderers, it must take them into account when calculating the estimated order value.

(3) The estimated value of the duty to be charged without VAT is to be determined by the contracting authority before the award procedure is implemented. The date of the opening of the award procedure by the contracting authority is decisive for the investigation. In the case of tendering procedures with prior notice, this is the time of sending the notice in accordance with § 46, and the first foreign-style definition of the award procedure without prior notice.

(4) A public procurement project may not be split to circumvent the application of the provisions of this federal law.

(5) The choice of the method of calculation applied must not pursue the purpose of circumventing the application of the provisions of this federal law.

Calculation of the estimated contract value for construction orders and concession contracts

§ 14. (1) Where a construction project is made from several lots for which a separate contract is awarded, it is as an estimated value of the total value of all these lots. As lots within the meaning of this federal law, commercial activities shall also apply in the sense of Annexes I (works).

(2) In calculating the estimated value of works contracts or concession contracts, in addition to the value of the works, the estimated total value of all goods or services necessary for the performance of the construction services is to be provided by the contractor. The value of the goods or services that are not necessary for the execution of a particular works contract may not be added, in particular, to the value of this contract, to the effect that the provisions of this federal law will be circumscribed for the purchase of these goods or services.

(3) Achievements or exceeds the cumulative value of the lots in § 12. 1 Z 3 above threshold, the provisions of this federal law apply to the award of works contracts in the upper threshold area for the award of all lots. This does not apply to those lots whose estimated value of the contract without VAT is less than 1 million euros, unless the cumulative value of the lots selected by the contracting authority does not exceed 20 vH of the cumulative value of all lots. The provisions of this federal law apply to the award of works contracts in the sub-wave area.

(4) Achievements or exceeds the cumulative value of the lots in § 12. 1 Z 3 above threshold, the provisions of this federal law apply to the award of works contracts in the sub-wave area for the award of all lots. The choice of the procedure for awarding contracts in the lower threshold area is considered an estimated value of the value of each unit.

Calculation of the estimated order value for supply contracts

§ 15. (1) For leasing, rent, lease or purchase of advice, it is estimated that:

(2) In case of regular recurring orders or permanent contracts, it is estimated to be either

(3) Where a delivery is made from the procurement of similar supplies in several lots for which a separate contract is awarded, the value of the estimated total value of all these lots is to be set.

(4) Achievements or exceeds the cumulative value of the lots in § 12. 1 Z 1 or 2 thresholds, the provisions of this federal law apply to the award of supply contracts in the upper threshold area for all lots. This is not the case for those lots whose estimated value without VAT is less than 80 000 euros, unless the cumulative value of the lots selected by the contracting authority does not exceed 20 vH of the cumulative value of all lots. For the award of these lots, the provisions of this federal law apply to the award of sub-densed supply contracts.

(5) Achievements or exceeds the cumulative value of the lots in § 12. 1 Z 1 or 2 thresholds, the provisions of this federal law apply to the award of supply contracts in the sub-wave area for the award of all lots. Lose, whose value without VAT is less than 40 000 euros, can be awarded through direct award unless the cumulative value of the lots selected by the contracting authority does not exceed 40 vH of the cumulative value of all lots.

Calculation of the estimated order value for service contracts

§ 16. (1) For contracts on the following services, it is estimated that:

(2) In the case of service contracts for which no total price is indicated, an estimated value is to be set:

(3) In case of regular recurring orders or permanent contracts, it is estimated to be either

(4) Where a service is provided from the provision of similar services in several lots for which a separate contract is awarded, the value of the estimated total value of all these lots is to be set.

(5) Achievements or exceeds the cumulative value of the lots in § 12. 1 Z 1 or 2 thresholds, the provisions of this federal law apply to the award of service contracts in the upper threshold area for the award of all lots. This is not the case for those lots whose estimated value without VAT is less than 80 000 euros, unless the cumulative value of the lots selected by the contracting authority does not exceed 20 vH of the cumulative value of all lots. For the award of these lots, the provisions of this federal law apply to the award of service contracts in the lower threshold area.

(6) Achievements or exceeds the cumulative value of the lots in § 12. 1 Z 1 or 2 thresholds, the provisions of this federal law apply to the award of service contracts in the sub-wave area for the award of all lots. Lose, whose value without VAT is less than 40 000 euros, can be awarded through direct award unless the cumulative value of the lots selected by the contracting authority does not exceed 40 vH of the cumulative value of all lots.

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

§ 17. The estimated value of a framework agreement or a dynamic procurement system is the total value of all contracts that are expected to be awarded on the basis of this framework agreement or this dynamic procurement system.

Change of thresholds or devalues

§ 18. The Federal Chancellor can be replaced by Regulation instead of the 1 and 2, 14 paragraph. 3, 15 paragraphs. 4 and 5, 16 paragraphs. 5 and 6, 37, 38, 41(2) Z 1, 53 paragraphs 4, 78, 125 paragraphs 5, 126 (1) and 141(2). 3 set thresholds or lots, to the extent that Austrian obligations under international law require this, or this is necessary or permitted under Community law, or this is appropriate for the purpose of a uniform procedure when awarding contracts, to set other thresholds or lots.

5. Section

Principles of the award procedure and general provisions

Principles of the award procedure

§ 19. (1) Public procurement procedures must be carried out in accordance with the principles of free and fair competition and equal treatment of all candidates and tenderers, in accordance with the procedures laid down in this federal law. The award has to be made to competent, efficient and reliable entrepreneurs at reasonable prices.

(2) Different treatment of candidates and tenderers on grounds of nationality or origin of goods remains prohibited. 1.

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

(4) Procedures for awarding contracts and implementing competitions are only to be carried out if the intention is to bring performance to the award. The contracting authority is not obliged to terminate an award procedure by awarding the contract.

(5) In the award procedure, attention must be paid to the environmental fairness of performance. This can be done in particular by taking into account environmental aspects in the description of performance, in determining technical specifications or by setting specific award criteria with ecological reference.

(6) The award procedure may take into account the employment of women, persons in the field of training, long-term unemployed, people with disabilities and older workers, as well as measures to implement other social policy issues. This can be done in particular by taking into account such aspects in the description of performance, in the definition of technical specifications, by setting specific award criteria or by establishing conditions in the performance contract.

General provisions on candidates and tenderers

§ 20. (1) Candidates or tenderers established in the territory of another contracting party to the EEA Agreement and which are subject to a recognition or equivalence procedure in accordance with the Articles 373c, 373d and 373 of the Commercial Regulation 1994 (GewO 1994), BGBl. No 194, carry out or certify according to § 1(1). 4 of the EEA Regulation, BGBl. No. 694/1995, or a confirmation pursuant to § 1(2). 4 of the EEA Engineering Decree, BGBl. No. 695/1995, which must be sought, have to submit the relevant applications as soon as possible. The decision to grant the recognition or acceptance of the equivalence or to confirm it in accordance with the EEA Regulation or the EEA Technical Regulation must be available at the latest at the time of the award decision. Before the end of the supply period, you have to prove that they have submitted an application in accordance with the aforementioned legislation.

(2) Working groups and tendering groups may submit offers or applications for participation, unless, for reasons of fact, the tender has been declared inadmissible for the participation or formation of working or tendering groups. The contracting authority may also, for reasons of fact, provide for a disproportionate restriction of the number of members or the composition of working or tendering groups. The contracting authority may not oblige working or tendering parties to adopt a specific legal form for the purpose of a bid or a request for participation. However, the contracting authority may require a working or tenderer community to adopt a certain legal form when it has been awarded the contract, provided that this is necessary for the proper execution of the contract. Working groups and tendering communities are as such partyable to assert their rights under this federal law. In the non-open procedure and in the negotiation process, the requested candidates have to inform the contracting authority of the formation of a tenderer or working group before the end of the half-term offer period. In the case of procurement of bidders as a working group, the contracting authority will provide solidarity.

(3) Without prejudice to the paragraph. 2 may not be rejected by candidates or tenderers who are entitled to provide the service in accordance with the provisions of the Treaty of the EEA, in which they are established, solely because they would have to be either a natural or legal person under Austrian law.

(4) In the case of contracts involving services or works such as the transfer and installation, candidates or tenderers who are not natural persons may, however, be obliged to indicate in their offer or in their application for participation, the names and professional qualifications of those natural persons responsible for the provision of the service concerned.

(5) Entrepreneurs who were directly or indirectly involved in the preparation of the documents relating to the award procedure, as well as those associated companies, as far as their participation would be excluded from fair and fair competition, shall be excluded from participation in the award procedure for performance unless their participation in justified exceptional cases cannot be waived.

reservations on contracts for protected workshops or inclusive establishments

§ 21. (1) Contracting authorities may, in the case of procurement procedures, provide that only protected workshops or inclusive establishments in which the majority of workers are persons with disabilities who, on the basis of the nature or gravity of their disability, may participate under normal conditions or that the provision of such contracts is reserved for such workshops or establishments.

(2) If a notice is made pursuant to § 46, it is based on an all-prone restriction of the local loop or a restriction of the managerial entity in accordance with paragraph 4. 1.

General provisions on the award of benefits and partial benefits

§ 22. (1) Services can be awarded jointly or separately. A separate award may take place in local or temporal terms, in terms of quantity and type of performance or in terms of services of various craft and commercial sectors or disciplines. Economic or technical aspects, such as the need for uniform execution and a clear guarantee, are essential for the total or separate award of services.

(2) A contract in parts of a tendered total power is inadmissible as well as a mere reservation of all relevant subcontracting. In order to preserve the possibility of awarding in parts, both the total performance and the parts of the service that can be awarded separately. In this case, the bidder is also able to offer only individual of these parts of the service.

Confidentiality of documents relating to a procurement procedure, rights of exploitation

§ 23. (1) Contracting authorities, candidates and tenderers must respect the confidential nature of all the information relating to the contracting authority and the candidates and tenderers and their documents.

(2) Unless otherwise provided in this federal law, contracting authorities may not transmit any information transmitted to them by entrepreneurs and disclosed by such confidential information. This relates in particular to technical secrets, operational secrets and confidential aspects of offers.

(3) In so far as intellectual property rights or confidentiality interests are violated, both the contracting authority and the candidates or tenderers may use or pass on to third parties drafts, models, samples, designs, samples, computer programs and the same only with their explicit consent.

(4) The contracting authority may be reserved to recover certain plans, drawings, designs, models, samples, patterns, computer programs and the same for which no remuneration has been requested.

(5) The candidates or tenderers may be reserved to claim to claim, in the event that they are not awarded the contract, the provision of these special preparations and plans, drawings, designs, models, samples, designs, samples, computer programs and the equivalent for which no remuneration is provided. The same applies to special preparations for alternative offers, of which no use is made.

General provisions on price

§ 24. (1) The price is to be created according to the price offer or after the price discount and discount procedure. In principle, according to the price offer procedure, it is necessary to offer and propose. The price and discount procedure is only allowed in exceptional cases to be justified.

(2) The type of price can be a single price, a flat price or a government price.

(3) To unit prices, it is necessary to offer and propose when a performance according to type and quality can be determined at least approximate.

(4) At flat-rate prices, it is necessary to offer and to propose if the nature, quality and scope of a performance as well as the circumstances under which it is to be provided are sufficiently well known at the time of the tender and it is not expected to change during execution.

(5) The award of the award is only to be carried out if the nature, quality and extent of the performance or the circumstances under which it is to be provided are not as accurately as possible, that a single or flat-rate award is possible and can only be counted after the actual hourly or material effort.

(6) Single, flat-rate and government prices can be fixed or variable prices.

(7) At fixed prices, it is necessary to offer and to propose, if the contracting parties do not create inaccurate uncertainties through long-term contracts or by price-adjusted cost shares subject to a strong price weakening. In this case, it is necessary to impose, offer and propose variable prices. The period of validity of fixed prices must in principle not exceed the duration of 12 months.

2. Main

Species and choice of award procedures

1. Section

Types of procurement procedures

Types of procurement procedures

§ 25. (1) The award of contracts for services has to be carried out through an open procedure, an open procedure, a negotiated procedure, a framework agreement, a dynamic procurement system, a competitive dialogue or direct award.

(2) In the open procedure, an unlimited number of entrepreneurs are publicly requested to charge offers.

(3) In the non-open procedure with prior notice, after a limited number of entrepreneurs have been publicly requested to submit applications for participation, selected candidates are invited to submit offers.

(4) In the non-open procedure without prior notice, a limited number of suitable entrepreneurs are invited to submit offers.

(5) In the negotiation procedure with prior notice, after a limited number of entrepreneurs have been publicly requested to submit applications for participation, selected candidates are invited to submit offers. Subsequently, negotiations can be made on the entire content of the contract.

(6) In the negotiation procedure without prior notice, a limited number of suitable entrepreneurs are invited to submit offers. Subsequently, negotiations can be made on the entire content of the contract.

(7) A framework agreement is an agreement without a take-over obligation between one or more contracting authorities and one or more entrepreneurs aiming to define the terms and conditions for the contracts to be awarded during a certain period, in particular as regards the envisaged price and, where appropriate, the amount envisaged. On the basis of a framework agreement, a performance of a party to the Framework Agreement with or without a renewed call for competition is referred to.

(8) A dynamic procurement system is a fully electronic process for the procurement of services that meet the requirements of the contracting authority, generally available on the market. In a dynamic procurement system, an unlimited number of entrepreneurs are invited to make non-binding declarations on the provision of services and all appropriate entrepreneurs who have made permitted declarations to provide services are admitted to participate in the system. In a dynamic procurement system, after a separate call for a supply levy, the performance will depend on a participant in the dynamic procurement system.

(9) In the competitive dialogue, the contracting authority, after a limited number of entrepreneurs have been invited to submit applications for participation, will conduct a dialogue with selected candidates on all aspects of the contract. The aim of the dialogue is to identify one or more solutions or solutions corresponding to the needs and requirements of the contracting authority, on the basis of which or basis the respective candidates are invited to submit their bid.

(10) In the case of direct award, a performance will be paid directly by a selected entrepreneur.

Types of competition

§ 26. (1) Competitions can be carried out as ideas competitions or real-life competitions.

(2) Ideas contests are exaggeration procedures that serve to give the contracting authority, in particular in the fields of spatial planning, urban planning, architecture and construction, advertising or processing of data, a plan or planning, whose or their selection by a price court on the basis of comparative assessment with or without distribution of prices.

(3) Implementing competitions are competitions in which, following the implementation of an exaggeration procedure within the meaning of the paragraph. 2 a negotiated procedure for the award of a service contract in accordance with § 30(2). 2 Z 6 will be implemented.

(4) The conduct of competitions has to be carried out through an open, open or charged competition.

(5) In the open competition, the Auslober is calling for a limited number of entrepreneurs and individuals to submit competitive works.

(6) In the case of non-open competition, after a limited number of entrepreneurs and individuals have been publicly asked to submit applications for participation, competition participants selected by the Auslober are invited to submit competitive works.

(7) In the competition charged, the Auslober will immediately request a limited number of suitable competitors to submit competitive works.

2. Section

Selection of award procedures in the upper and lower threshold area

Election of the open and open procedure with prior notice

§ 27. The contracting authorities can freely choose between the open procedure and the non-open procedure with prior notice when awarding contracts.

Election of the negotiating procedure for works contracts

§ 28. (1) Contracts for construction can be awarded in the negotiated procedure after prior notice if:

(2) Works contracts can be awarded without prior notice in the negotiation procedure if:

Election of the negotiated procedure for supply contracts

§ 29. (1) Delivery orders can be awarded in the negotiated procedure after prior notice if:

(2) Delivery orders can be awarded without prior notice in the negotiation procedure if:

Election of the negotiating procedure for service contracts

§ 30. (1) Services contracts may be awarded in the negotiation procedure after prior notice if:

(2) Services contracts can be awarded without prior notice in the negotiation procedure if:

Types of electronic auction and award of contracts by electronic auction

§ 31. (1) An electronic auction is an iterative procedure to determine the offer to be awarded to the contract, whereby, after a first full evaluation of the offers, new, revised prices and/or new values, based on certain components of the bids, are submitted, allowing for an automatic classification of these offers.

(2) In the case of the implementation of an open procedure, an open procedure with prior notice, a negotiated procedure in accordance with the provisions of Article 28(2). 1 Z 1, 29(1) Z 1 or 30 paragraphs. 1 Z 1, for the award of contracts on the basis of a framework agreement in accordance with the procedure of § 152(2). 4 Z 2, paragraphs 5 and 6 or when awarding contracts on the basis of a dynamic procurement system in accordance with the § 158 procedure, contracts for services can be awarded on an option by means of a simple electronic auction or by another electronic auction, provided that the specifications of the subject matter of the contract can be clearly and completely described. The auction can only refer to parts of the offer that are quantifiable in a clear and objectively understandable way that they are in numbers or in percentage terms. Works or service contracts that have an object – such as the design of construction services – cannot be subject to an electronic auction.

(3) In the case of a simple electronic auction, the contract has to be made at the lowest price.

(4) For another electronic auction, the contract has to be made on the most technically and economically advantageous offer.

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

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

§ 32. Contracts may be awarded on the basis of a framework agreement, provided that the framework agreement has been concluded in accordance with the provisions of an open procedure, an open procedure with prior notice or a negotiated procedure pursuant to Articles 28 to 30.

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

§ 33. Contracts can be awarded on the basis of a dynamic procurement system, if the dynamic procurement system has been established after an open procedure has been implemented.

Choice of competition dialogue

§ 34. (1) Contracts can be awarded through competitive dialogue if:

(2) A contract is considered particularly complex within the meaning of the paragraph. 1 if the contracting authority is objectively unable to:

Choice of competition

§ 35. The contracting authorities can choose freely between open and non-open competition when conducting competitions.

Maintaining the reasons for choosing certain procurement procedures

§ 36. The reasons for the implementation of a negotiated procedure or a competitive dialogue must be written.

3. Section

Only procurement procedures approved in the lower threshold area

Election of the open procedure without prior notice

§ 37. In the lower threshold area, contracts may be awarded without prior notice, unless the contracting authority has sufficient suitable entrepreneurs to ensure free and fair competition, and if

Additional possibilities for choosing the negotiating procedure

§ 38. (1) In the lower threshold area, supply and service contracts can be awarded in the negotiation procedure after prior notice. Works contracts can be awarded in the sub-wave area in the negotiation procedure after prior notice if the estimated order value does not reach EUR 350 000.

(2) Contracts can also be awarded in the negotiating procedure without prior notice if:

(3) Contracting authorities may award contracts for intellectual services in a negotiated procedure without prior notice with only one entrepreneur, provided that the implementation of an economic competition on the basis of the cost of the procurement process for the contracting authority is economically unreasonable and the estimated value of 50vH of the respective thresholds set out in Section 12(2). 1 Z 1 or 2 not reached.

Additional possibility of choice of competition

§ 39. If sufficient suitable entrepreneurs are known to the Auslober, the execution of a charged competition in the sub-wave area is permitted.

Additional possibility of awarding contracts under a framework agreement

§ 40. Contracts may be awarded on the basis of a framework agreement, provided that the framework agreement is implemented in accordance with § 38. 1 was completed.

Direct award

§ 41. (1) The award of contracts by contracting authorities by means of direct award applies exclusively to the 1., the 4. to 6.part of this federal law, the provisions of § 3(2). 1, 4 to 6, 9, 10, 13 to 16, 19 paragraphs. 1, 25 paragraphs 10 and 78 and the provisions of the paragraph. 2 to 2 4.

(2) Direct award is only allowed if:

(3) The non-binding price statements which may be obtained when carrying out a direct award must be documented accordingly.

(4) In the case of direct award, performance can only be obtained from a competent, efficient and reliable entrepreneur. The power, performance and reliability must be available at the latest at the time of conclusion of the contract. An entrepreneur who opposes bankruptcy or bankruptcy. Insolvency proceedings, a judicial compensation procedure, a settlement procedure or a countervailing process, or which are in liquidation or cease their commercial activity, can however, be awarded by direct award in accordance with paragraph. 2 Z 1 will be awarded if their performance is sufficient.

Maintaining the reasons for choosing certain procurement procedures

§ 42. (1) The reasons for the implementation of a negotiated procedure, a non-open procedure without prior notice or a charged competition must be kept in writing.

(2) In the case of direct award, if the documentation effort is economically justified, the subject matter and value of the contract and the name of the contractor. In the case of direct award under § 41. 2 Z 2 is to be included in the award documentation a short notice of the procedure already in place.

3. Main

Rules for the implementation of procurement procedures

1. Section

Information transfer

Transmission of documents or information between contracting authorities and entrepreneurs

§ 43. (1) The transfer of tender documents, communications, applications, calls and notifications, as well as any other exchange of information between contracting authorities and entrepreneurs, may, if the contracting authority does not exceptionally determine otherwise, be made in writing, by fax or by electronic means. Minder significant communications, calls, notifications and information can also be sent or by phone.

(2) The communication tools selected to transmit information must be generally available and must not lead to discrimination. In the case of electronic communications, the technical characteristics may not be discriminatory and the means of communication must be compatible with the commonly used products of information and communication technology.

(3) The admissibility of electronic offers is as early as possible, but at the latest in the tender documents.

(4) An electronic transfer of tender documents, offers and documents relating to the evaluation of the offer has been made using a secure electronic signature (§ 2 Z 3 SigG) or in such a way that the verification of completeness, authenticity and inviolability of the data transmitted is ensured with the quality of a secure electronic signature.

(5) The chosen type of electronic information transmission according to paragraph 4 shall at least ensure that the completeness, authenticity, inviolability and confidentiality of the information provided is guaranteed. The requirements for devices for the receipt of electronically transmitted data in connection with a procurement procedure must meet the requirements of the Annexes XVII equivalent.

(6) Contracting authorities and entrepreneurs have to disclose a fax number or an electronic address to which all documents and information can be sent in a valid manner. In so far as this law makes provision for a communication of decisions to entrepreneurs on an electronic way or by fax, a briefing is only allowed in justified cases. Electrically transmitted shipments are considered to be transmitted as soon as their data is reached in the recipient's electronic area.

(7) Lower notes, requests for information from entrepreneurs, information from the contracting authority, as well as all statements and documents relating to the award decision (e.g. offers, proofs) where they are produced or transmitted exclusively in electronic form, in this form and with the content that or the content thereof at the time of writing or sending. In the case of the contracting authority, it must be clearly stated that a retrospective change of the content as well as the date of delivery, the departure from or the arrival of the contracting authority.

2. Section

Transmission of documents to the European Commission

Statistical obligations of contracting authorities

§ 44. (1) Contracting authorities have to submit to the Commission statistical reports on contracts awarded in the previous year by the Federal Minister for Economic Affairs and Labour until 31 August of each year – in the case of contracting authorities falling within the territory of a country.

(2) The Federal Government has adopted, by Regulation, more detailed provisions on the statistical information to be provided, in particular to allow an assessment of the results of the application of this law. In particular, the Regulation should:

Transmission of other documents

§ 45. In so far as this federal law, with the exception of the provision of § 335, notification or reporting obligations to the Commission or other contracting parties to the EEA Agreement, the contracting authority shall provide the necessary documentation to the Federal Minister for Economic Affairs and Labour, by means of the relevant national government, in the procurement procedures falling within the territory of a country. This has sent the documents to the Commission and to the contracting parties to the EEA Agreement and to inform the Chancellor of it through the Permanent Representation of Austria to the EU.

3. Section

Notices

1. Subsection

General provisions on notices

Promotion of services

§ 46. (1) Knowing:

(2) The notice is based on the 373c, 373d and 373e GewO 1994 or a confirmation pursuant to § 1(2). 4 of the EEA Regulation, BGBl. No. 694/1995, or a confirmation pursuant to § 1(2). 4 of the EEA Engineering Decree, BGBl. No. 695/1995.

(3) The contracting authority must indicate in the notice which evidence or evidence of the power (§ 71), for professional reliability (§ 72), for financial and economic performance (§ 74) and for technical performance (§ 75) or must be sufficient upon request by the contracting authority.

(4) Should an open procedure, an open procedure with prior notice, a negotiated procedure with prior notice, in accordance with the provisions of Article 28(2). 1 Z 1, 29(1) Z 1 and 30 paragraphs. 1 Z 1, in a framework agreement after a new call for competition under Article 152(2). 4 Z 2 or a dynamic procurement system, following a separate call for tendering under § 158, the offer to be awarded through an electronic auction, has been published in accordance with paragraph 1 below. 1 Z 1, 4 and 5 to include such a definition.

Correction of notices

§ 47. If a correction of notices is necessary, it is as well known as the original notice.

Publication of a seal profile

§ 48. (1) The contracting authority can publish an sourcing profile on the Internet.

(2) The purchase profile may include notices, information on current procurement procedures, planned contracts, contracts awarded, revoked procedures and any other information concerning a procurement procedure or information of general interest such as contact point, telephone or fax number, postal address and electronic address.

Voluntary notices at Community level

§ 49. The contracting authority may send notices and communications that are not subject to a notice obligation under this federal law directly to the Commission using all relevant standard forms of notices in the upper threshold area. The transmission of notices and communications will take place on an electronic basis, in accordance with the procedures laid down by the Federal Chancellor, in accordance with § 50 kunded procedures for the transmission of notices and communications. The contracting authority must be able to demonstrate the date of sending the notice.

2. Subsection

Special notices for the threshold area

Notices at Community level

§ 50. The contracting authority shall immediately and immediately send notices and communications to the Commission using the relevant standard forms for notices. The transfer also applies to the information provided by the notices and communications in the online procedure. The transmission of notices and communications has to be done electronically, in exceptional cases by fax. The Federal Chancellor has clarified the procedures laid down by the Commission for the transmission of notices and communications in the Bundesgesetzblatt. The contracting authority must be able to demonstrate the date of sending the notice. If data is made available online, the registration of the data in the online system is valid.

Use of CPV in notices

§ 51. (1) The contracting authorities have to use the names and codes of the Common Vokabulars for public procurement (CPV) to describe the subject of the contract.

(2) To define the scope of application of this federal law in relation to this federal law Annex I The NACE nomenclature or the CPC nomenclature prioritising the CPV nomenclature.

Notices in Austria and other media

§ 52. (1) The Federal Chancellor and the Governments may, if necessary to ensure a sufficient economic competition, establish, for the respective full-covering area, by regulation, the publication media in which the contracting authority under this part of this federal law additional notices pursuant to Article 46(2). at least 1 in the upper threshold area. This Regulation also allows for more details on the transmission of notices to the publication medium.

(2) The availability of the content must be ensured at least until the expiry of the application or supply period.

(3) Further notices in other appropriate publication media are available to the contracting authorities.

(4) Notices under paragraph 1 or 3 in official or private publication media may not be published before the date of dispatch to the Commission. The notices may contain only those information contained in the notices issued to the Commission or published as a preliminary information in a source profile. The notices have to indicate the date of sending the notice to the Commission or the date of publication in the source profile.

Notice of prior information

§ 53. (1) If the contracting authority wishes to make use of the possibility of shortening the supply period in accordance with Section 61, it must provide a preliminary information in accordance with paragraph 1. 2 or 3.

(2) The preliminary information can be sent to the Commission using the relevant standard form for advertising. The contracting authority must be able to demonstrate the day of sending the pre-information.

(3) The pre-information may also be published in the purchaser's sourcing profile. The pre-information must not be published in the leasing profile before the contracting authority has issued a notice on the publication of the pre-information to the Commission using the relevant standard form. The date of sending the notice to the Commission is to be specified in the reference profile.

(4) The preliminary information contains the following information:

(5) The pre-information is based on the overdue requirement of recognition or equivalence in accordance with the provisions of 373c, 373d and 373 GewO 1994 or a confirmation pursuant to § 1(2). 4 of the EEA Regulation, BGBl. No. 694/1995, or a confirmation pursuant to § 1(2). 4 of the EEA Engineering Decree, BGBl. No. 695/1995.

Disclosure of contracts, competitive results and
closed framework agreements

§ 54. (1) The contracting authority has to announce to the Commission any contract of construction, supply or service and the result of any competition. The information is available to the Commission, using the relevant standard form, at the latest 48 days after the award of the contract or At the end of the competition.

(2) The contracting authority has to announce any final framework agreement. The information must be sent to the Commission, 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 the works, supply or service contracts awarded under the Framework Agreement.

(3) The contracting authority has to announce to the Commission any construction, supply or service contract awarded on the basis of a dynamic procurement system. The information will be sent to the Commission, using the relevant standard form, either at the latest 48 days after the award of each contract or after the year quarter, at the latest 48 days after the end of the year.

(4) In the case of non-privacy services, the contracting authority must indicate whether it is agreed with the publication.

(5) However, information about the award of contracts or the conclusion of framework agreements must not be published if their disclosure would impede the enforcement of laws, run counter to public interest or harm legitimate commercial interests of public or private entrepreneurs or hinder the free and fair competition between entrepreneurs.

3. Subsection

Special notices for the under threshold area

Notices in Austria and other media

§ 55. (1) The Federal Chancellor and the Governments may, if necessary to ensure a sufficient economic competition, have to publish notices in the sub-wave area for each of these areas, in any case differentiated according to the level of the estimated order value and the type of contract, with a regulation setting out the publication media in which the contracting authorities under this part of this federal law have to publish notices in the sub-wave area. This Regulation also allows for more details on the transmission of notices to the publication medium.

(2) The availability of the content must be ensured at least until the expiry of the period of application or offer.

(3) Further notices in other appropriate publication media are available to the contracting authorities.

(4) The notice contains information that allows interested parties to assess whether participation in the award procedure is of interest to them. The notice has at least: Annex XV the information mentioned above.

4. Section

Time limits

1. Subsection

General provisions on time limits

Calculation of deadlines

§ 56. (1) Without prejudice to the provisions of the General Administrative Procedure Act 1991 (AVG), BGBl. No 51, to be applied to the deadlines set out in this Federal Law § 903 of the General Civil Code (ABGB), JGS No 946/1811, and the Federal Law on the Inhibition of the Time Cycle by Saturdays and the Car Free Day, BGBl. No 37/1961, application.

(2) The working days will cover all days except Saturdays, Sundays and legal holidays.

(3) Time limits expressed in days starting at 00.00 a.m. of the day when the deadline starts. If, for the beginning of a period of time measured after days, when an event occurs or an action is taken, the calculation of this period will not be counted as the date in which this event or this act falls. A time limit set after days ends with the end of the last hour of the deadline.

(4) Time limits expressed in weeks, months or years start at 00.00 a.m. of the day when the deadline starts. A period of time measured after weeks, months or years shall end on the date of last week, last month or last year of the deadline, which corresponds to the date on which the period starts, according to its name or number. If a corresponding day is missing for a period of months, the deadline expires last day. Time limits expressed in weeks, months or years end at 24.00 p.m. of the day at which the deadline expires.

(5) Time limits expressed in hours start at the beginning of the first hour to start the deadline. If, for the beginning of a period of time measured after hours, when an event occurs or an action is taken, the calculation of this period does not indicate the hour in which this event or action falls. A time limit measured after hours ends with the end of the last hour of the deadline.

(6) If the last day of a period of one day on the Car Free Day, a Saturday, Sunday or a public holiday, the period will end at 24.00 a.m. of the following working day.

(7) However, the provisions of paragraphs 3 to 6 do not exclude that an act which is to be carried out before the expiry of a period of time can only be made during the normal official or business hours.

Principles for measuring and extending deadlines

§ 57. (1) The contracting authority has to set deadlines in such a way as to ensure that operators affected by the time-limitation remain within sufficient time to take the appropriate actions. In particular, participation and supply periods and time limits for the preparation of solutions in the competitive dialogue must be judged in such a way that, taking into account the course of the post, entrepreneurs will remain sufficiently time to decide and prepare applications, offers and solutions. Consideration must be given to circumstances which may make it difficult to create a tender or to develop a solution.

(2) The time limit for the offer is to be extended when the correction has a significant impact on the preparation of the tenders. Any change in the offer period is proven to be known to all candidates or tenderers. If this is not possible, it is known in the same way as the notice of the award of services.

(3) The contracting authority may, if necessary, have the time limit for receipt of the applications for participation or participation. a reasonable extension of the supply period for electronically transmitted offers if the server to which requests for participation or offers are to be submitted is not consistent until the date of expiry of the respective period. A prolongation of the deadline must be demonstrated to all candidates or tenderers. If this is not possible, the extension is to be announced in an appropriate form.

Transmission and information periods

§ 58. (1) If the contracting authority has not made the tender documents and any additional documents relating to the award procedure free, directly and fully accessible from the first time available of the respective notice, the tendering documents and all additional documents shall be submitted to an entrepreneur who expresses its interest in a specific open procedure to the contracting authority and, in time before the end of the tender period, requested the tender documents and all additional documents without delay, but within six days of receipt of the request to submit them or to submit them electronically.

(2) If the request is made on time, the contracting authority or the competent authority has to provide additional information on the tender documents, additional documents or on the description in the competitive dialogue without delay, but at least six days, in the case of open proceedings or accelerated negotiation procedures in accordance with Articles 63 and 67 at the latest four days before the expiry of the period for receipt of the tenders.

(3) If requested tender documents, descriptions of the competitive dialogue, additional documents or requested information for reasons that cannot be attributed to the entrepreneur, for example because of their large extent, they are not within the scope of the paragraph. 1 and 2 deadlines are to be sent, made available or granted, so time limits must be extended accordingly.

2. Subsection

Periodic minimum periods for award procedures in the upper threshold area

Participation periods

§ 59. In the non-open procedure with prior notice, during the negotiation process with prior notice and in the competitive dialogue, the time limit set by the contracting authority is at least 37 days for the receipt of requests for participation in the award procedure. It starts with the date of sending the notice.

Supply periods

§ 60. (1) In the open procedure, the time limit set by the contracting authority for receipt of the offers is at least 52 days. If the notice does not indicate a day for the early possible collection of tender documents, the offer period starts with the date of sending the notice. It ends with the time to which the offers must be entered at the latest.

(2) In the non-open procedure with prior notice, the time limit set by the contracting authority for the receipt of the offers is at least 40 days. It starts with the day of delivery of the call for tenders and ends at the time when the offers have to be entered at the latest.

3. Subsection

Reduced deadlines for award procedures in the upper threshold area

Supply periods in the accelerated procedure after pre-information

§ 61. The time limit laid down in § 60 for receipt of the offers in the open and non-open procedure with prior notice may be reduced to 22 days, provided that the contracting authority has sent a preliminary information in accordance with Sections 46 and 50 of the Commission for publication at least 52 days, but not more than 12 months before the date of delivery of a notice. The offer period starts with the day of delivery of the notice and in the case of open procedures with prior notice with the date of sending the call for tenders. The pre-information must: Annex VIII (Part A) provide information for the publication of a preliminary information as far as these are available at the time of publication of the pre-information.

Reduced supply and participation periods for use of electronic media

§ 62. (1) If notices are made electronically using the relevant standard form and are transmitted electronically, in accordance with the procedures laid down by the Federal Chancellor in accordance with Section 50 kunded procedures for the transmission of notices and communications,

(2) The tender periods in the open and non-open procedure with prior notice (§ 60) may be reduced by five days if, from the time of first availability of the respective notice, the contracting authority has made the tender documents and all additional documents relating to the award procedure available on electronic means, directly and completely. The notice shall indicate the Internet address at which these documents are available.

(3) The reductions in the deadlines referred to in paragraphs 1 and 2 are cumulative.

Reduced participation and supply periods in the accelerated procedure with urgency

§ 63. If, for reasons of urgency, compliance with the regular or shortened deadlines in accordance with Articles 59 to 62 is not possible, the contracting authority may provide for the following deadlines in the non-open procedure with prior notice and in the negotiated procedure with prior notice:

4. Subsection

Periodic minimum periods for award procedures in the lower threshold area

Participation periods

§ 64. In the non-open procedure with prior notice, during the negotiation process with prior notice and in the competitive dialogue, the deadline set by the contracting authority is at least 14 days for the receipt of requests for participation in the award procedure. It starts with the first availability of the notice in accordance with § 55 and ends at the time of receipt of the application at the latest.

Supply periods

§ 65. (1) In the open procedure, the time limit set by the contracting authority for receipt of the offers is at least 22 days. If the notice does not indicate a day for the earlyest possible collection of tender documents, the time limit starts with the first time availability of the notice in accordance with Section 55. It ends with the time to which the offers must be entered at the latest.

(2) In the non-open procedure, the time limit set by the contracting authority for receiving the offers is at least 22 days. It starts with the day of delivery of the call for tenders and ends at the time when the offers have to be entered at the latest.

5. Subsection

Shorter deadlines for tendering procedures in the lower threshold area

Shorter supply periods for use of electronic media

§ 66. The tender periods in the open and non-open procedure (§ 65) may be shortened by three days if the contracting authority has made available, directly and completely, from the date of first availability of the respective notices, the tender documents and all additional documents relating to the award procedure. The notice shall indicate the Internet address at which these documents are available.

Reduced participation and supply periods

§ 67. The contracting authority may, in particularly justified cases, in particular for reasons of urgency, shorten the minimum offer periods and the periods of participation. The reasons for a reduction must be written.

5. Section

Fitness of entrepreneurs

1. Subsection

Entrepreneurs excluded from participating in the award procedure

Exclusion

§ 68. (1) The contracting authority has, without prejudice to the paragraph. 2 and 3 - exclude entrepreneurs from participating in the award procedure if:

(2) An entrepreneur who opposes bankruptcy or bankruptcy. Insolvency proceedings, a judicial compensation procedure, a settlement procedure or a countervailing process, or which are in liquidation or cease their commercial activity, however, contracts may be entered in the negotiation procedure in accordance with the provisions of Article 29(2). 2 Z 7 and 38 paragraphs. 2 Z 3 will be awarded if their performance is sufficient.

(3) Exclusion of entrepreneurs in accordance with paragraph 1 can be removed if:

2. Subsection

Fitness requirements and qualifications

Time of existence of aptitude

§ 69. Without prejudice to the provisions of Section 20(2). 1 has the power, efficiency and reliability at the latest

Requests from the contracting authorities

§ 70. (1) The contracting authority may request evidence from operators participating in a procurement procedure that their

(2) Evidence can only be required by the entrepreneur as far as it is justified by the subject matter of the contract. The contracting authority must take into account the legitimate interests of the entrepreneur in protecting its technical or trade-related business secrets.

(3) The contracting authority may request the entrepreneur to submit or submit necessary evidence within a reasonable period of time. complete or explain the certificates submitted within a reasonable time. Evidence can also be provided in copy or electronically.

(4) The entrepreneur can also demonstrate the power to ensure reliability and performance by showing the registration in a relevant, generally accessible directory of a third party, provided that the documents requested by the contracting authority are available directly from the contracting authority. The entrepreneur can also demonstrate the power to maintain reliability and performance with documents other than those requested by the contracting authority, provided that the required documents cannot be submitted for a justified reason and the documents submitted show the same meaning as those originally required. The proof of the same meaning is to be provided by the entrepreneur after request.

(5) Where the subject-matter of the service applies only to services that are necessary for the same power, all members have to assign the appropriate authority in the event of tendering by a consortium of bidders. In the case of tendering a total power which requires different powers in various fields, each member of a tendering group has to assign the power to the part of the service which it has to be given.

Detection of power

§ 71. The contracting authority shall demonstrate the existence of the relevant authority in accordance with § 70. 1 Z 1 that, in accordance with the rules of its country of origin, the entrepreneur is entitled to provide concrete performance:

Evidence of general professional reliability

§ 72. (1) As proof of professional reliability according to § 70. 1 Z 2 requires the purchaser of entrepreneurs to prove that there is no grounds for exclusion in accordance with § 68. 1).

(2) Evidence can be found for reasons of exclusion

(3) If the certificates referred to in paragraph 2, direct debits, account extracts or documents in the country of origin of the entrepreneur are not issued or are not issued all of them in § 68. The contracting authority may request a certificate of e-invoicing declaration or a corresponding court or administrative authority, before a notary or prior to a qualified professional organisation of the country of origin of the entrepreneur, that no exclusion is required in accordance with § 68(2). 1 Z 1 to 4.

(4) The authorities and bodies which certificates under paragraph 2 and 3 are to be announced by the Federal Minister for Economic Affairs and Labour to the Federal Minister for Foreign Affairs to forward to the Commission and the contracting parties to the EEA Agreement. The Federal Minister for Economic Affairs and Labour has to inform the Chancellor of the content of this letter.

Assessment of special professional reliability

§ 73. (1) To assess professional reliability, according to § 70. 1 Z 2 of the candidates, bidders and their subcontractors eligible for the award of the contract, the contracting authority has provided information on the central administrative penalty of the Federal Minister for Finance in accordance with § 28b of the Alien Employment Act (ExlBG), BGBl. No. 218/1975. The information must not be older than six months.

(2) The contracting authority shall assess the reliability of the bidder, in particular, the information from the central administrative penalty as provided for in paragraph 4. 1. For a bidder for which this information is subject to legal penalties in accordance with § 28(2). 1 Z 1 AuslBG proves that the required reliability is not ensured unless it makes credible that, despite the existence of legal penalties, it is in accordance with Article 28(2). 1 Z 1 AuslBG is not negligible.

(3) For the purpose of the prohibition. 2 has to explain to the tenderer that he has set out specific organisational or personal measures that are suitable to set out the still-of-the-art behaviour of a Bestraising exercise in accordance with § 28(2). 1 Z 1 AuslBG led to stop.

(4) As measures within the meaning of the paragraph. 3 in particular

(5) The contracting authority must examine the bidder's arguments and assess its reliability. In assessing reliability, the contracting authority shall have the measures set by the tenderer in proportion to the seriousness of the final punishment in accordance with Section 28(2). 1 Z 1 . In particular, the number of illegally employed workers and the duration of illegal employment must be taken into account in the seriousness of the final punishment. Where there are more than two final offences under Article 28(2). 1 Z 1 AuslBG before or took two final cases in accordance with § 28(2). 1 Z 1 AuslBG in a short period of time is to set a stricter scale.

Evidence of financial and economic performance

§ 74. (1) proof of financial and economic performance according to § 70. 1 Z 3 may in particular require the contracting authority:

(2) Can an entrepreneur from a legitimate reason to be made by him, who is entitled by the contracting authority pursuant to paragraph 1 required evidence cannot be obtained, it can provide proof of its financial and economic performance by presenting any other evidence which the contracting authority considers appropriate. Appropriate evidence should at least be considered:

Technical performance proof

§ 75. (1) as proof of technical performance according to § 70. 1 Z 4, depending on the type, quantity or scope and purpose of the goods to be supplied, the construction or services to be provided in paragraph. 5 to 7 claims. Other than the evidence mentioned in paragraphs 5 to 7 may not require the contracting authority.

(2) Where the contracting authority obtains evidence of the services provided (references), if the recipient was a contracting authority, it is in the form of a certificate issued or certified by the contracting authority that the recipient can also send directly to the contracting authority. If the recipient has been a private contracting authority, the proof of the services provided (references) in the form of a certificate issued by the beneficiary or, if such a certificate is not available, is to be provided by a simple statement by the entrepreneur.

(3) Evidence of delivered services (references) must at least include:

(4) If evidence of services provided by the entrepreneur in working communities is provided, the share of the service provided by the entrepreneur must be indicated.

(5) As proof of technical performance, supply contracts may be required:

(6) As proof of technical performance, construction orders can be required:

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

Evidence of performance by other entrepreneurs and tenderers and working groups

§ 76. (1) To demonstrate its performance, an entrepreneur can rely on the capacities of other entrepreneurs regardless of the legal character of the links between him and these entrepreneurs. In this case, it must prove that, for the execution of the contract, it is actually available to the other entrepreneurs, to the extent necessary.

(2) Under the same conditions, tenderers and working groups can also rely on the capacities of their members or other entrepreneurs.

Quality assurance standards and standards for environmental management

§ 77. (1) If the contracting authority obtains evidence that the entrepreneur meets certain quality assurance standards, the presentation of certificates by independent bodies, it has referred to quality assurance procedures that comply with relevant European standards (in particular series ÖNORM-EN ISO 9000) and certified by appropriate bodies that comply with European certification standards (in particular those certified under the ÖNORM-EN 45 000 series). Equivalent certificates from other contracting parties to the EEA Agreement must be recognised. The contracting authority must recognise equivalent evidence of quality assurance measures in other forms, in particular if the trader makes credible that he may not apply for the certificates concerned or cannot receive them within the relevant deadlines.

(2) Where the contracting authority obtains in the § 75. 6 Z 4 and paragraphs. 7 Z 6 cases referred to as proof that the entrepreneur meets certain standards of environmental management, the presentation of certificates by independent bodies, refer to the Community Eco-Management and Audit Scheme (EMAS) or to environmental management standards based on relevant European or international standards and certification bodies that comply with Community law or relevant European or international certification standards. Equivalent certificates from other contracting parties to the EEA Agreement must be recognised. The contracting authority must also recognise other evidence of equivalent environmental management measures, in particular if the entrepreneur crediblely states that he may not apply for the certificates or cannot receive them within the relevant time limits.

3. Subsection

Special provisions for the lower threshold area

The possibility of abstaining from proof of power, reliability and performance

§ 78. In the lower threshold area, the contracting authority may, in the case of the award of works contracts whose estimated order value does not reach EUR 120 000 and in the case of the award of supply and service contracts whose estimated value does not reach EUR 80 000, provide evidence of the power to provide reliability and performance, provided that there are no doubts as to the existence of a tenderer or candidate.

6. Section

The tender

1. Subsection

General provisions

Principles of tender

§ 79. (1) The services must be made public in time, unless a tender procedure is applied without prior notice, so that the award is made possible under the procedures of this federal law.

(2) The tender documents refer to appropriate technical specifications for the planning and tendering of eco-friendly products as well as environmentally-friendly procedures and take into account them. In the tender documents, as far as possible, technical specifications should be defined in such a way as to take into account the access criteria for people with disabilities or the design for all users.

(3) The tender documents must be prepared in such a way as to ensure comparability of tenders and to ensure prices without taking uncalculable risks and, if not, a functional performance description in accordance with § 95(2). 3 will be carried out without extensive preparatory work from tenderers.

(4) To the extent that in an open or unopened procedure only a constructive description of performance in accordance with § 95(2). The description of the performance and other provisions must be drawn up in such a way that they can be used in the same version for both the offer and the performance contract.

(5) Calls for tenders in accordance with Section 22(2). 2 are so designed that the bidder can create sub-contract prices.

(6) If tenders are made for the entire performance or for parts of the same variants, the tender must be designed in such a way that the tenderer can form the offer price of variants.

(7) In the tender documents, it is generally only a place for the tenderer to be finalised.

(8) Any participation of third parties in the preparation of a tender must be documented.

(9) The preparation of a tender must be entrusted only to such persons who meet the technical requirements for this purpose. If necessary, unrestricted experts will be used.

Content of the tender documents

§ 80. (1) In the tender documents or in the notice, the contracting authority or the contracting authority and the awarding body shall specify whether the award of the tendered performance is carried out in accordance with the provisions of this federal law for the upper or lower threshold area and the regulations to be adopted and the contracting authority responsible for controlling this award procedure.

(2) The tender documents are deemed necessary or to include the evidence required by the contracting authority in accordance with Articles 71, 72, 74 and 75 as far as they were not already mentioned in the notice.

(3) The notice or tender documents must indicate whether the contract is to be awarded to the most technically and economically advantageous offer or, if the quality standard of performance is clearly and clearly defined in the tender documents, the offer is to be awarded at the lowest price. If the contract is to be awarded to the most technically and economically advantageous tender, the contracting authority shall, in the notice or in the tender documents, specify all the award criteria for its use in relation to the importance which they have given. This indication can also be made by setting a margin that must be appropriate to its maximum bandwidth. If the contracting authority considers that the definition of the award criteria in relation to the importance which they have given to them cannot be possible for reasonable reasons, the contracting authority shall, in the notice or in the tender documents, specify all the award criteria for its use in the order of importance to them. If there is no definition of the award principle in the contract notice or in the tender documents, the contract must be awarded at the lowest price.

(4) The contracting authority may indicate in the tender documents the positions as essential.

(5) The tender documents contain technical specifications.

(6) In the tender documents, it is necessary to indicate whether a computerised and defective offer is set out in § 126. 4 will be eliminated and if a delay is allowed as a result of the correction of a computing error.

Alternative offers

§ 81. (1) Only contracts to be awarded according to the criteria of the most technically and economically advantageous tenders may allow the contracting authority to offer alternative offers. In the tender, the contracting authority must expressly indicate whether and what kind of alternative offers are allowed. If the contracting authority did not indicate the admissibility of alternative offers, alternative offers are not allowed. In addition, if the levy of alternative offers is allowed, alternative offers are only allowed in addition to a tendered offer, as far as the tender has not been explicitly specified.

(2) In the tender documents, the contracting authority must explain and specify the minimum requirements that alternative offers must meet in order to compare with the tendered performance, in which way these offers must be submitted. The contracting authority may only take account of the alternative offers in the award procedure that meet the minimum requirements set.

(3) A contracting authority, the alternative offers after paragraph. 1 has not been allowed to reject a proposed alternative offer solely because it would lead to a delivery order and not to a service contract or a service contract and not to a delivery order within the meaning of this federal law.

Amendments

§ 82. (1) If the contracting authority does not otherwise set out in the tender, amendments are allowed. The contracting authority may limit the admissibility of amendments to certain positions and impose certain minimum requirements. In addition, if the levy of amendments is allowed, amendments are only allowed in addition to a tendered offer, as far as the tender has not been explicitly specified.

(2) The contracting authority must specify in the tender documents in which way these offers must be submitted.

Subcontracting

§ 83. The transfer of the entire contract is inadmissible, except for purchase contracts. The contracting authority must, in the tender documents, determine whether only the essential parts of the contract that the tenderer intends to award to third parties by subcontracting at any time. The transfer of parts of the service is only permitted to the extent that the subcontractor has the power, technical, financial and economic performance required for the execution of its parts, as well as professional reliability in accordance with Articles 72 and 73.

Compliance with labour and social provisions

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

(2) In the tender procedure, the contracting authority has to make provision for services to be provided in Austria, taking into account the labour and social regulations applicable in Austria, and that the tenderer undertakes to comply with these rules when executing the contract in Austria. These rules are available for the organisation of the legal representation of employers and workers in order to obtain access from interested bidders and candidates. The tender documents must be explicitly mentioned.

Species and means to ensure

§ 85. (1) Types of guarantee are the Vadium, the deposit, the cover and the reintroduction of liability.

(2) If a means of freezing is required, a bank guarantee must be set by the contracting authority as such in the tender documents. You can be replaced by a corresponding reinsurance or by cash or by cash deposits at an appropriate level after the decision of the depositor.

Vadium

§ 86. If a Vadium is requested, it is necessary to determine its level. The Vadium may not exceed 5 vH of the estimated order value except in justified cases. It is also necessary to make sure that the offer of proof of the status of a Vadium is to be interpreted and that the absence of such evidence constitutes an indefinable lack. The Vadium shall be returned no later than 14 days after the award of the contract or after the withdrawal of the tendering procedure, unless it is missing. If no additional contract is granted within the period of the award, the Vadium shall be returned no later than 14 days after the end of the award period. The Vadium shall be returned immediately if an offer for an award is not considered.

Accessible constructions

§ 87. (1) The tender documents have to refer to the relevant provisions concerning the barrier-free construction. If such rules are not in place for the concrete construction project, the following minimum requirements for the planning and construction of new buildings and for general renovations of buildings, subject to the constitutional requirement:

(2) The scheme referred to in paragraph 2. 1 excludes construction objects or parts from which, after obtaining an opinion from an organisation representing the interests of people with disabilities, there is no need for access for people with disabilities.

(3) 1 also applies to tenders for the planning and construction of buildings and parts of buildings, provided that this does not disproportionately increase the total cost and requires it.

Transmission of tender documents and other documents

§ 88. (1) § 58§ 1.

(2) In the non-open procedure and in the negotiation process, tender documents are to be submitted with the call for a bid or to be made available electronically at the same time with appropriate understanding.

(3) In open proceedings, each applicant, in the case of open procedures and negotiation procedures, is entitled to give any applicant, under the same conditions, the opportunity to access all documents necessary for the preparation of the tenders, to warrant copies and to purchase them, as long as it is provided or usual.

(4) The names and number of candidates who accept or buy documents must be kept secret.

Cost of tender documents

§ 89. In open proceedings, the tender documents may require the production costs (paper, printing or reproduction costs, costs for the medium) and all relevant Portopes. For free of charge, but back-up documents may be required to ensure this. In the other procurement procedures, only in justified cases, there is a fee.

Correction of tender

§ 90. (1) If changes are necessary during the tender period, tender documents and, if necessary, the notice must be corrected and, if necessary, extended accordingly.

(2) If an amendment to the tendering documents is necessary, all candidates or tenderers must be shown to submit the correction. If this is not possible, the correction must be disclosed in the same way as the tender procedure.

2. Subsection

Special tender provisions relating to electronic submissions

Definitions for the delivery of electronic offers

§ 91. (1) The admissibility of electronic tenders must be disclosed in the tender documents at the latest. If a contracting authority has not made any indication of the admissibility of the charge of electronic offers, the charge of offers on electronic means is not allowed.

(2) Is the provision of offers on electronic means in accordance with paragraph 1 is allowed to indicate in the tender documents whether offers can only be made electronically or whether offers can be made on both electronic and paper form. If the contracting authority has not made any indication, the delivery of offers is permitted on both electronic and paper form.

Communication channels

§ 92. (1) The contracting authority has not to discriminate against the means of communication or communication on which offers can be submitted electronically and, together with an electronic address to which the offers are to be submitted, to the tender documents at the latest.

(2) The defined communication path or the defined communication channels must be suitable for building a link that is secured by the end.

Documents

§ 93. The contracting authority has the document format or the document formats in which offers or documents are made. supply elements can be created, not to be discriminatory and to be announced in the tender documents at the latest. For offers produced in a single document and for supply parts, only document formats that can be ordered with a secure electronic signature may be required.

encryption

§ 94. (1) The contracting authority has to announce the admissible or permissible decoding procedures to be applied to tenders at the latest in the tender documents.

(2) The decoding and decoding procedures have to comply with the standard of strong encryption according to the respective state of technology.

3. Subsection

The specifications

Types of performance description

§ 95. (1) The description of the performance can be performed in an alternatively constructive or functional manner.

(2) In a constructive performance description, the services must be divided into a performance directory according to the partial services to be provided.

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

Principles of performance description

§ 96. (1) The services are so clear, complete and neutral in a constructive performance description that the comparability of offers is guaranteed. A constructive description of performance has to include technical specifications and, if necessary, is complemented by plans, drawings, models, samples, patterns and similarities.

(2) In a functional performance description, the technical specifications in accordance with § 98 describe the performance target as sufficiently precise and neutral so that all conditions and circumstances relevant to the preparation of the offer are visible. From the description of the performance, both the purpose of the finished performance and the technical, economic, conceptual and functional requirements imposed on the performance must be seen to the extent that the comparability of the offers is ensured with regard to the performance or functional requirements imposed by the contracting authority. Performance and functional requirements must be sufficiently specified so that they give the candidates and tenderers a clear idea of the subject-matter of the contract and allow the contracting authority to award the contract. A functional performance description has to include technical specifications as well as plans, drawings, models, samples, patterns and similar to those available to the contracting authority.

(3) The performance and tasks must not be described in such a way that certain bidders enjoy competitive advantages in advance.

(4) The description of the performance may also indicate the specifications for the delivery of environmentally-friendly products or for the provision of services in the framework of environmentally-friendly procedures, as far as this is possible according to the respective state of technology and the current market offer. Performance and functional requirements, as far as this is possible on the basis of the tasks to include requirements on environmental fairness of performance.

(5) In drawing up the description of the performance and tasks, all relevant future or cost-effective factors (e.g. operating and conservation work, services, required spare parts storage, disposal) are also to be added if their costs are an award criterion.

(6) In the description of the performance and tasks, all circumstances (e.g. local or temporal circumstances or special requirements relating to the way in which the service is provided) are relevant for the performance of the service and hence for the preparation of the offer. This also applies to special difficulties or facilitation.

Creation of a performance directory

§ 97. (1) In a constructive performance description, extensive services are to be divided into a performance directory. The breakdown has progressed towards a summary description of the overall performance.

(2) Where appropriate guidelines, such as ÖNORMen or standardised performance descriptions, are in place for the description or breakdown of certain services, are used. The contracting authority may, on a number of points, adopt different definitions in the tender documents. The reasons for the divergences are to be retained by the contracting authority and to immediately inform the entrepreneurs on request.

(3) In addition, the following definitions must be observed when drawing up the directory:

Technical specifications

§ 98. (1) Technical specifications must be equally accessible to all candidates and tenderers and must not impede competition in an unjustified manner.

(2) Without prejudice to the binding, Community-compliant national technical regulations, technical specifications must be determined

(3) The technical specifications referred to in paragraph 3. The contracting authority may not refuse an offer, an alternative or an amendment offer on the ground that the goods and services offered do not correspond to the specifications it uses, provided that the tenderer proves, by means of appropriate means, that the solutions suggested by it meet the requirements of the technical specification referred to. The appropriate means apply in particular to a technical description of the manufacturer or an audit report of a recognised body.

(4) If technical specifications are in the form of performance or functional requirements in accordance with paragraph The contracting authority may not oppose an offer, an alternative or an amendment offer, which corresponds to a national standard implementing a European standard, or a European technical approval, a common technical specification, an international standard or a technical reference system developed by the European standards bodies, if these specifications relate to the performance or functional requirements required by it. The tenderer must demonstrate, in its offer or in its alternative or amendment offer, that the product, service or construction service corresponds to the performance and function requirements of the contracting authority. The appropriate means apply in particular to a technical description of the manufacturer or an audit report of a recognised body.

(5) The accredited bodies within the meaning of this provision are those testing and calibration laboratories and inspection and certification bodies that comply with relevant European standards. The contracting authority must recognise certificates from recognised bodies established in other EEA Contracting Parties.

(6) Are requirements for environmental fairness of performance in the form of performance or functional requirements as set out in paragraph 2 Z 2 may refer to contracting authorities to describe the performance of technical specifications or parts thereof defined in European, national, multinational or other environmental quality labels, provided that:

(7) In so far as it is not justified by the subject matter of the contract, technical specifications may not be referred to a specific production or origin, or to a specific procedure or to trademarks, patents, types, a specific origin or a particular production if this favours or excludes certain operators. However, such references are exceptionally permitted if the object of the contract cannot be sufficiently precise and in general understandable. Such references are, exceptionally, provided with the addition "or equivalent".

(8) Exceptionally, the tendering of a particular product with the addition of ‘or equivalent’ is made in free lines (peace gaps) of the service directory according to the corresponding position of the tenderer information about factory and type of equivalent products chosen by him and, if required, other information relating to these products. The relevant criteria for assessing equivalence must be specified in the description of performance.

4. Subsection

Rules on the Performance Contract

Treaty provisions

§ 99. (1) Where the provisions of the Treaty do not already result from the description of performance, they must be clearly and comprehensively defined so that a clear performance contract can be concluded. For the following information, it is necessary to define its own provisions in the performance contract:

(2) The contracting authority may take further decisions on the performance contract. Where appropriate guidelines, such as ÖNORMen or standardised performance descriptions, are in place for the provisions of the Treaty. The contracting authority may, on a number of points, adopt different definitions in the tender documents. The reasons for the divergences are to be retained by the contracting authority and to immediately inform the entrepreneurs on request.

5. Subsection

Special provisions for the lower threshold area

Election of the award principle

§ 100. In the lower threshold area, the contracting authority may grant the contract to the most technically and economically advantageous offer or offer the lowest price. If the contract is to be awarded to the most technically and economically advantageous tender, the contracting authority shall, in the notice or in the tender documents, specify all the award criteria for its use in relation to the importance which they have given. If such a definition is not possible for reasonable reasons, according to the contracting authority, in the notice or in the tender documents, the contracting authority must specify all the award criteria for its use in the order of importance to them. If there is no definition of the award principle in the contract notice or in the tender documents, the contract must be awarded at the lowest price.

7. Section

Procedures

End of open procedure

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

(2) Number and names of entrepreneurs who have expressed their interest in participating in an open procedure must be kept secret until the opening of the offer.

(3) In the open procedure, entrepreneurs can submit their offers within the supply period.

(4) During an open procedure, tenderers may not negotiate on a change of offer.

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

§ 102. (1) In the case of non-open procedures without prior notice and without prior notice, the call for tendering has only been made to competent, efficient and reliable entrepreneurs. These conditions must be examined and maintained in advance.

(2) The selection of the entrepreneurs to be asked has taken place in a non-discriminatory way. The contracting authority has to change as often as possible the required entrepreneurs. In particular, small and medium-sized entrepreneurs may be involved in the award procedure.

(3) The number of entrepreneurs to be asked must be determined according to performance. It must not be less than five for open procedures without prior notice. In the case of negotiated procedures without prior notice, it may, unless the performance can only be provided by a particular entrepreneur or if there are compelling, compelling reasons, if there is a sufficient number of authorized, efficient and reliable entrepreneurs.

(4) The prospective entrepreneurs have to obtain offers.

Participants in the open procedure with prior notice and
in the negotiation procedure with prior notice

§ 103. (1) Not open procedures with prior notice and negotiated procedures with prior notice are to be announced in the relevant publication media in accordance with Articles 46, 50 to 52 and 55.

(2) Applications for participation can be sent in writing or electronically. Interest statements on participation can also be sent by phone or by fax.

(3) If the entrepreneur requires the performance of subcontractors to demonstrate his own performance, he has to announce the eligible subcontractors and to present the certificates and evidence relating to their performance and professional reliability already with the application for participation.

(4) Entrepreneurs who, on the basis of the notice, have submitted applications for participation in time and who are empowered to be efficient and reliable in accordance with the provisions of Articles 68 to 78 shall be considered to be abated. 6 and 7 opportunities to participate in the open procedure with prior notice and in the negotiating process with prior notice.

(5) The contracting authority may only be informed of the content of the application after the expiry of the deadline for its submission. The examination of the application for participation is to be summed up in which all the circumstances essential for the assessment of the application for membership must be kept. On request, the applicant must be informed of the part of the notice relating to his application. The design of the inscription is to be considered.

(6) The number of traders to be requested must be determined according to the performance, but not open procedures with prior notice may not be less than five. In the case of negotiated procedures with prior notice, it may not be less than three if there is a sufficient number of authorised, powerful and reliable entrepreneurs. The number determined must ensure genuine competition and must be indicated in the notice. The objective and non-discriminatory selection criteria have to take into account the specific requirements of the performance to be performed and must be announced in the notice.

(7) As a result of more applications for participation than the number of traders to be requested by the contracting authority, the contracting authority has to select the best candidates among the authorised, efficient and reliable entrepreneurs based on the selection criteria. The relevant reasons for the selection are to be kept in a reasonable way. The contracting authority has immediately and at least one week to agree on the implementation of an accelerated procedure in accordance with Articles 61 to 63, 66 and 67 three days, after the end of the selection, on the grounds for non-authorisation. The reasons for non-authorisation are not known unless the disclosure of this information would conflict with public interests or legitimate business interests of entrepreneurs, or harm the free and fair competition.

(8) As a result of fewer applications for participation from authorised, efficient and reliable entrepreneurs than the number of traders to be requested by the contracting authority, the contracting authority may not involve additional entrepreneurs in the award procedure in the upper threshold area. In the lower threshold area, the contracting authority may include additional entrepreneurs in the award procedure.

(9) At the same time, the contracting authority has to request the selected candidates in writing for the supply levy. The request will be accompanied by tendering documents and all relevant additional documents if the documents are not provided on the Internet. It contains at least the following information:

End of the open procedure

§ 104. (1) In the non-open procedure, operators requested to provide offers may submit their offers within the supply period.

(2) During a non-open procedure, tenderers may not negotiate on a change of offer.

(3) The number and names of the operators requested to provide the offer must be kept secret until the opening of the bid.

The expiry of the negotiating procedure

§ 105. (1) The contracting authority has to negotiate with several bidders on the entire content of the service in order to identify the best offer for it in accordance with the announced award criteria. In carrying out negotiations with a tenderer, the contracting authority may negotiate with this on the entire content of the service in order to identify the best offer for him in accordance with the announced award criteria. The contracting authority may not disclose information in such a way as to discriminate against certain bidders against other bidders.

(2) A negotiated procedure with several bidders can be carried out in various successive phases. The contracting authority may reduce the number of offers in hand of the announced award criteria. The contracting authority has immediately agreed to those tenderers whose bids are not taken into account. The procedure chosen by the contracting authority is known in the call for tender or in the tender documents. In the final phase of a negotiated procedure with several bidders, if a sufficient number of suitable bidders remain, there are so many offers that a genuine competition is ensured. If, on the basis of the reduction of the number of offers, only an appropriate bidder is allowed to negotiate with only one bidder in the final stage of the negotiation process.

(3) The contracting authority has, if not specified in the tender documents, the tenderer or the tenderer participating in the negotiation procedure. to announce the conclusion of the negotiations in advance. This can be done by making a round of negotiations known as the last round of negotiations, or by requesting the remaining bidders to make a bid for a last time.

(4) In the implementation of negotiated procedures without prior notice in the upper threshold area and in the implementation of negotiating procedures in the sub-wave area, the contracting authority can be reserved in the tender documents that, in the case of the submission of fully prepared and comparable tenders, it only leads to negotiations with the other tenderers only if the negotiations are not successfully concluded with the bidder.

(5) The announced award criteria may, unless otherwise specified in the tender documents, no change is made during the negotiation process.

(6) The number and names of the operators requested for the supply levy must be kept secret until the award decision is announced.

8. Section

The offer

1. Subsection

General rules for offers

General provisions

§ 106. (1) The tenderer has to comply with the tender documents when preparing the tender. The required text of the tender documents may not be amended or supplemented.

(2) Unless otherwise specified in the tender documents, the offer must be made with all relevant documents (e.g. test certificates) in German and in euro.

(3) tenders must relate to the total tendered, unless the tender procedure provided for the possibility of partial offers. A sub-sistence offer, which is incompatible with the tender procedure, is subject to an unsustainable lack.

(4) alternative offers must meet the minimum requirements and ensure equivalent performance. The tenderer must demonstrate the equivalence. Alternative offers may relate to the overall performance, to parts of the service, to the economic or legal conditions of the provision of services. Alternative offers must be labelled as such and submitted in their own preparation. For each alternative offer, even if it relates only to parts of the total power, the bidder will always form an overall alternative offer price.

(5) Amendments have to ensure equal performance. The tenderer must demonstrate the equivalence. Amendments can only relate to technical aspects of parts of the performance. Amendments are to be labelled as such and submitted in their own preparation. For each offer of amendments, the bidder will always form an overall change price.

(6) If, from the point of view of an entrepreneur, an amendment to the tendering or tendering documents is necessary, it must immediately inform the contracting authority. If necessary, the contracting authority must implement an amendment in accordance with Section 90.

(7) Success exceptionally according to § 98(2). 7 and 8 the tendering of a particular product with the addition "or equivalent", the tenderer may indicate an equivalent product in free rows (petrol loopholes) of the service directory. The tenderer must show the equivalence. The products referred to in the tender documents are considered as examples if the bidder did not use any other products to the free lines of the service directory. If the products referred to by the tenderer do not conform to the equivalence criteria set out in the tender documents, the tendered product is only offered if the tenderer has declared this to the bid.

(8) During the offer period, the tenderer may change, supplement or withdraw its offer by means of an additional declaration which is valid under the law. If a new total price is added to the offer change or supplement, it must also be specified. The change in offer or supplement is to be transmitted to the contracting authority according to the rules applicable to offers and to treat it as an offer. The resignation must be informed to the contracting authority. In this case, the tenderer may request the immediate withdrawal of his unopened offer.

Form of offers

§ 107. (1) offers must have the form prescribed in the tender documents. In the event of a media exchange, the transfer of an automated device supported is allowed to be made of printed and validly substantiated short-performance directory, even if the description of the performance produced by the contracting authority is legally substantiated by the tenderer.

(2) offers must be made fully and free of numerical and computing errors.

(3) The tenderer has a loose part of the offer with the name of the offer, as part of the offer, and must give it.

(4) offers must be so unjustified that changes (such as the injunction or removal of the document or pressure) or can be demonstrated. Corrections of bidders must be clear and clear and must be carried out in such a way as to ensure that the correction is made before the bid fee. They must be confirmed by a valid signature, indicating the date.

Content of the offers

§ 108. (1) Each offer must include in particular:

(2) By submitting its tender, the tenderer declares that he knows the provisions of the tender documents that he has the necessary powers to perform the contract, that he provides the tendered performance at these provisions and the prices it has stated, and that he is bound to his offer by the end of the award period.

Special provisions on the content of offers in functional specifications

§ 109. (1) In a functional performance description, the offers must be prepared in such a way as to clearly determine the nature and extent of the performance, to demonstrate the fulfilment of the requirements of the tasks, to assess the adequacy of the required prices and, after completion of the performance, to verify the conformity of the contract.

(2) The offer must, in principle, include a list of services to be drawn up by the tenderer with quantity and price information for all parts of the functionally described performance, the plans and other documents as required by § 96(2). 2, on which the performance directory is based, with detailed explanation, must be attached.

(3) The offer has to contain the statement that the tenderer is responsible for the completeness of his information, in particular the quantities that it itself has identified, either without restriction or in a quantity tolerance to which is specified in the tender documents.

(4) In the bid, the assumptions on which the bidder is forced in particular cases because, at the time of the bid, individual sub-performances cannot be determined by type and quantity, if necessary, by hand of plans and quantitative investigations.

(5) paragraphs 1 to 4 do not apply to offers in those phases of a negotiated procedure, for which the contracting authority does not yet require a fully prepared offer.

A sufficient number of offers in paper form

§ 110. Paper form offers must be submitted in a closed transhipment within the supply period. Any surcharges placed by the contracting authority are to be used as soon as possible. The transhipment is accompanied by the mandatory password or, if such a form is not required, must be accompanied by a characteristic of the contents. If a medium is used for the supply charge, this is particularly noteable on the transhipment (e.g. "Achting medium"). In the same way, packaging must be labelled by separate parts to be submitted.

Remuneration for the preparation of offers

§ 111. (1) offers must in principle be created without separate remuneration. The calculation and all necessary preparatory work, the completion of the performance register and the creation of alternative or amendments are not a special preparation within the meaning of the paragraph. 3).

(2) If a tender procedure is revoked for reasons that the contracting authority has to represent, on request, the costs of the tender documents must be refunded to tenderers, but only against the withdrawal of tender documents.

(3) If special preparation is required for the preparation of the offer, appropriate remuneration is provided. However, this remuneration will only be due if the tender is in line with the tender.

(4) If a public procurement procedure is revoked before the expiry of the supply period, the remuneration is payable in accordance with paragraph 3 only those bidders whose bids have already been made or which have been posted within three days of the notification of the revocation decision, submit their offer or only the part already drawn up. In the case of partial work, the remuneration must be calculated in proportion. If a tender procedure is revoked after the expiry of the tender period, the remuneration of all those bidders who have put in place an offer corresponding to the tender.

Additional period

§ 112. (1) The award period starts with the expiry of the supply period. It covers the period during which the award of the contract is intended. The award period is short. It may not exceed five months if it has already been specified in the tender documents for compelling reasons for a longer period, which may not exceed seven months. If the tendering period is not specified, it is one month.

(2) During the award period, the bidder is bound to its offer. At the request of a contracting authority, a tenderer may extend the binding effect of his offer. At the request of a tenderer whose offer is not eligible for an award, the contracting authority may dismiss it from the link to its offer. In this case, the contracting authority has to withdraw a Vadium which is all the case.

(3) If a candidate or tenderer has an application in good time in accordance with Section 20(2). 1, the contracting authority, if it is an offer which is eligible for an award, has, on a justified request from the entrepreneur whose recognition, equivalence or confirmation procedures have not yet been completed, to prolong the award period by one month and to impose a reasonable period of time to obtain recognition, equivalence or confirmation. This does not apply to proceedings in accordance with Article 28(2). 2 Z 3, 29(2) Z 3, 6 and 7, 30 paragraphs. 2 Z 3 and 38 paragraphs. 2 Z 3 and for accelerated procedures in accordance with Articles 61 to 63, 66 and 67.

(4) The continuation of the award period in accordance with paragraph 1 is blocked for the duration of an inspection procedure.

2. Subsection

Special provisions for electronic offers

General provisions for electronic offers

§ 113. (1) Is the delivery of offers on electronic means in accordance with § 43. 3 or § 91. In addition to its electronically delivered offer, a bidder may not offer or offer a bid. no supply elements in paper form. This does not apply to supply elements such as proof of the power to professional reliability, financial, economic or technical performance, provided that these elements are not available electronically.

(2) If tenders are sent electronically, tenderers have requested the documentation, documents, certificates and declarations that have been required to demonstrate the competence to prove professional reliability, to prove financial and economic performance and to demonstrate technical performance, unless they are sent in electronically signed form, at the latest at the end of the offer period in paper form.

Form, encryption and secure signature of the offer

§ 114. (1) The tenderer has to prepare the offer or supply components within the time limit of the offer in one of the documents defined by the contracting authority, to submit a communication path established by the contracting authority and to decrypt one of the well-known procedures. If the contracting authority does not define document formats, the bidder has to create the offer or the main offer in a generally available, non-discriminatory and secure document format. If the contracting authority has established only securely significant document formats, the tenderer may, in the case of secure chaining of supply elements, draw up the other supply elements in generally available, non-discriminatory document formats. Once requested by the contracting authority, the tenderer shall immediately provide all necessary means to process the document formats for free of charge.

(2) The tenderer shall ensure that after the tender is transmitted to the contracting authority, examination of the completeness, authenticity and inviolence of the offer is possible.

(3) If the offer is produced in a single document, the tenderer must have a secure electronic signature.

(4) Where the offer is made of several tender elements, the tenderer must ensure that the verification of the completeness, authenticity and inviolence of the offer is ensured with the quality of the secure electronic signature. In particular, this can be done through a secure chain of all supply elements in accordance with § 115.

(5) Once requested by the contracting authority, the tenderer must immediately provide the necessary information and methods to verify signatures for free.

(6) Paragraph 1 to 5 also applies to data supplied separately from the offer, which changes, supplements or withdraws its offer by the bidder. When transferring a separate dataset submitted by the offer, the tenderer has to indicate the award procedure and the offer of the separate dataset.

Safe chains of supply components

§ 115. (1) Where the offer is made of several tender elements, the tenderer meets the requirement of a secure electronic signature of the offer, including through the safe chaining of all supply elements in accordance with paragraph 2. 2 to 4.

(2) The bidder has to create the tendering part in one of the document formats defined by the contracting authority and to provide the date and secure electronic signature.

(3) As a procedure for the formation of the Hash value of a file, in the case of secure chains, use the procedure which applies to the safe signature of the supply part. The supply elements presented in paper form are to be displayed in the supply table in such a way that the contracting authority can clearly identify where the supply part relates or what contents it has.

(4) In the case of a secure chain of supply parts with the other parts of the offer, the bidder may also create the other parts of the offer in document formats that cannot be labelled as such with a secure electronic signature.

Authorisation

§ 116. In order to ensure free and fair competition, the legal protection of bidders, in the interest of a uniform and legally-safe procedure for awarding contracts, and to ensure the most economical procedure in the context of the electronic process of the electronic tendering process, the German Government may adopt more detailed provisions on the procedure for the electronic transmission of tenders, the supply deposit and the storage of bids and the standardised electronic tendering procedures.

9. Section

The award procedure

1. Subsection

Contrary and opening of tenders in paper form

Contrary and preservation of offers

§ 117. (1) The place where the offers have to be submitted has to be noted on the closed terminal date and time of receipt. All offers must be entered in a list in the order of their receipt.

(2) Information about the relevant offers, in particular on the bidders or on the number of bids made, may not be given.

(3) The offers must be kept in such a way that they are inaccessible until opening.

(4) The contracting authority may only be informed of the content of the offers after the expiry of the supply period.

Opening of offers

§ 118. (1) On open and open procedures, offers must be opened at the specified place and at the fixed time, immediately after the expiry of the offer period. The opening has to be done by a Commission consisting of at least two competent representatives of the contracting authority. The bidders are in principle entitled to participate in the opening. You can only be excluded from opening of the offers for duly justified reasons. In this case, opening is to be done by a Commission consisting of at least three competent representatives of the contracting authority.

(2) Negotiations do not require formalised opening of offers. The bidders are not allowed to participate in the opening. The result of the opening is to be kept secret.

(3) Before opening a bid, it must be found whether it is unopened and before the end of the offer period. At the end of the offer period, tenders have not to be opened and labelled as delayed.

(4) The open offers are provided in the order in which they have been registered in the entry directory. It should be noted whether the offer is justified, as many parts exist, and whether the elements of the tender (e.g. calculations, the Vadium's proof) as listed as the facilities are actually present. All parts in the opening of the offer are so clearly marked by the Commission during the opening of the offer, e.g. in such a way as to establish a retrospective change.

(5) The offers, including alternative and amendment offers, provide the following information and maintain it in the inscription:

(6) It is to be included in which in addition to the after paragraph. 3 to 5 necessary information:

(7) After the opening, the words, the offers and their surcharges must be kept in such a way that they are inaccessible.

2. Subsection

Contrary and opening of electronically transmitted offers

Contrary to offers

§ 119. (1) The date of receipt of the offer of a bidder is to be documented by a time stamp service and to confirm immediately the bidder. The time of the time stamp service is to make interactive procurement solutions inter-active. All offers must be entered in a list in the order of their receipt.

(2) Information about the relevant offers, in particular on the bidders or on the number of bids made, may not be given.

(3) The contracting authority must ensure that it can take note of the content of the offers only after the expiry of the supply period and that no unauthorised decoding of the offers can be made before the end of the offer period.

Storage of offers

§ 120. Electrically transmitted offers must be kept so that

Opening of electronically transmitted offers

§ 121. (1) On open and open procedures, offers must be opened at the specified place and at the fixed time, immediately after the expiry of the offer period. The opening has to be done by a Commission consisting of at least two competent representatives of the contracting authority. The bidders are in principle entitled to participate in the opening. You can only be excluded from opening of the offers for duly justified reasons. In this case, opening is to be done by a Commission consisting of at least three competent representatives of the contracting authority.

(2) Negotiations do not require formalised opening of offers. The bidders are not allowed to participate in the opening. The result of the opening is to be kept secret.

(3) Before opening a tender, it must be ascertained whether it is encrypted in accordance with the requirements of the contracting authority and no unauthorised access was made. At the end of the offer period, tenders have not to be opened and labelled as delayed.

(4) The open offers are provided in the order in which they have been registered in the entry directory. The authenticity of the offer is to be established (in particular, whether the offer is a secure electronic signature), as well as to determine how many parts of the offer exist and whether the elements of the offer as listed as the facilities and those requested in the tender (e.g. calculations documents, proof of the Vadium). All the data available at the opening of the offer are clearly labelled by the Commission during the opening of the offer so that a subsequent change would be possible.

(5) The offers, including alternative and amendment offers, provide the following information and maintain it in the inscription:

(6) It is to be included in which in addition to the after paragraph. 3 to 5 necessary information:

(7) After the opening, the notice and the offers must be stored or kept so that they are inaccessible.

3. Subsection

Examination of offers and termination of offers

General provisions

§ 122. The examination and evaluation of a bid must only be transferred to such persons who meet the technical requirements for this purpose. If necessary, independent experts from tenderers will be employed.

Procedures for examination

§ 123. (1) The examination of the tenders must be carried out in technical and economic terms according to the criteria set out in the tender.

(2) In particular,

(3) The examination of offers that are not eligible for an award may be based on individual of the in paragraph. 2 criteria.

Doubtful price indications

§ 124. (1) If bids with unit prices of the position price do not match the price that can be determined on the basis of the quantity and the unit price, the specified quantity and the single price offered will apply. If there are differences between the unit prices offered and any price breakdown, the unit prices offered will apply.

(2) Corrections are clearly visible in the offer.

(3) In the case of offers with flat-rate prices, only these apply without regard to a specified price breakdown.

Checking the adequacy of prices – in-depth tendering

§ 125. (1) The adequacy of prices must be examined in relation to the advertised or alternatively offered performance and taking into account all circumstances in which it will be to be provided.

(2) When assessing the adequacy of prices, it is to be considered by comparable experience, from other documents and from the relevant market conditions.

(3) The contracting authority must request information about the positions of the offer and in accordance with paragraph. 4 and 5 in-depth reviews if:

(4) In an in-depth bid test, it will be necessary to examine whether prices are sound and understandable. In particular, it can be verified whether

(5) As a result of the in-depth tendering, the contracting authority must request a binding written warning from the tenderer, including oral or telephone information, in the event of minor confusion. The subsequent examination has to be carried out taking into account the information received or the evidence provided by the tenderer at all times. In particular, the contracting authority has clarifications about the efficiency of the selected manufacturing or construction process or the provision of the service, the chosen technical solutions, exceptionally favourable conditions, which the tenderer has in the provision of the service, the originality of the service offered by the tenderer, the employment and social provisions applicable at the place of delivery of the service, or the possibility of granting a State aid to the tenderer in the review. The information provided by the tenderer shall be accompanied by the notice concerning the examination of the bids. If the estimated order value does not reach EUR 120 000, the procedure provided for in this paragraph may be waived.

(6) If, in the case of a procurement procedure in the upper threshold area, a tender price is abnormally low in relation to the performance of the bidder, because the tenderer has received state aid, it may, for this reason, leave the offer only if, after request by the contracting authority, the tenderer cannot demonstrate that the aid was lawfully granted. As a result of this, a contracting authority has announced this by the Federal Minister for Economic Affairs and Labour.

Disability of offers

§ 126. (1) If the examination of the tenders reveals any confusion about the offer, including any variants, alternative or amendments, or about the intended type of implementation, or if the uncertainties for the assessment of the bids are of importance, the tenderer is required to request a binding written information. The written information provided by the tenderer or the evidence provided by the tenderer at all times shall be accompanied by the notice concerning the examination of the bids. If the estimated order value does not reach EUR 120 000, the procedure provided for in this paragraph may be waived.

(2) Any further procedure initiated by the information provided may be the principles of § 19(2). 1, 101 paragraphs. 4, 104. 2 and 127 do not violate.

(3) If an offer of such deficiencies indicates that the contracting authority cannot be presumed to be processing, it must be dismissed.

(4) Incorrect offers are not to be taken into account when the sum of the absolute amounts of all corrections is increased or reduced - 2 vH or more of the original total price without VAT. Corrections of side transfers of intermediates in the offer (transmission errors) that have not been further reported remain unintended. This is because of the correction of a numeracy error, except the contracting authority has explicitly defined otherwise, inadmissible.

Information talks and discussions

§ 127. (1) During an open or non-open procedure, only information talks are allowed to obtain information about financial, economic or technical performance, as well as information necessary to examine price adequacy, meet minimum requirements and equivalence of alternative or amendment offerings.

(2) In the case of alternative and amendments, discussions relating to minor technical changes and resulting minor changes in prices will be held, while respecting the principles of § 19(2). 1.

(3) Information talks and discussions must be conducted by the Commission. The reasons and results must be kept in a descript.

Minutes of the examination

§ 128. (1) The examination of the tenders and their result is to be summed up in which all the circumstances essential for the assessment of the offers must be kept.

(2) On request, any bidder who was entitled to participate in the opening of tenders will be informed about the total prices in question after examination of the bids. Each tenderer is to grant access to its all correct offer or to transfer its offer.

(3) On request, the tenderer must be informed of the part of the notice relating to his offer. The design of the inscription is to be considered.

Termination of offers

§ 129. (1) Before choosing the tender for the award decision, the contracting authority must, on the basis of the outcome of the examination,

(2) Before choosing the tender for the award decision, the contracting authority may dismiss tenders from tenderers who have failed to provide the required information within the time limit for them, or to dismiss their clarification of a reasonable justification.

(3) The contracting authority has informed the tenderer of the departure of his offer, indicating the reason that it is proven to be electronic or by fax.

4. Subsection

The award

Election of the tender for the award

§ 130. (1) From the tenders that remain pending after the departure, the award, in accordance with the information provided in the tender, is to offer the most technically and economically advantageous offer or offer the lowest price.

(2) The reasons for the award decision must be written.

Disclosure of the award decision

§ 131. The contracting authority must notify the tenderers remaining in the award procedure without delay and prove to which bidder is to be awarded. The notice of the award decision must be made electronically or by fax. If a proven transmission of electronic or fax is not possible, the notice of the award decision must be sent in writing. In this Communication, the remaining bidders are aware of the end of the standstill period in accordance with § 132, the reasons for the rejection of their offer, the total award and the characteristics and advantages of the successful offer, unless the disclosure of this information would be contrary to public interests or the legitimate business interests of entrepreneurs or would harm the free and fair competition. There is no obligation to communicate the award decision if:

standstill period, non-compliance of awarding, claiming invalidity

§ 132. (1) The contract may not be issued within a standstill period of 14 days for any other absolute nullity. The standstill period starts with the notification of the award decision, when it comes to a transmission to electronic means or by fax, when it comes to sending the contract decision. In the case of the award of contracts on the basis of a dynamic procurement system, after the implementation of an accelerated procedure for urgency in accordance with Articles 63 or 67, by means of an electronic auction, on the basis of a framework agreement or after an award procedure in the sub-segment, the standstill period is reduced to seven days.

(2) In breach of the obligation to communicate the award decision in accordance with the first sentence of Article 131, it is absolutely void.

(3) If a contracting authority finds that:

Effectiveness of the award

§ 133. During the award period, the contractual relationship will be reached at the time when the tenderer receives the written understanding of the acceptance of his offer. If the contract period is exceeded, the contractual relationship will only be created by the written statement of the tenderer that he accepts the contract. In order to make this declaration, the tenderer must set a reasonable time.

Form of conclusion of the contract

§ 134. (1) The award is to be issued by letter of formal notice, order or final letter. The contracting authority may request a substantiated acknowledgement of the contract (counter letter).

(2) If, apart from the offer, the content of the contract is also derived from other documents containing additional agreements, all documents in the letter of formal notice, order or final letter and, if a confirmation of the contract has been requested, must also be added to it.

(3) If this is necessary in order to ensure free and fair competition, the legal protection of bidders and in the interests of a uniform and legally secure procedure, the German Government has to adopt detailed provisions on electronic means, in particular to ensure the authenticity and inviolability of the data transmitted by electronic means through secure electronic signatures and to ensure confidentiality.

10. Section

Termination of the award procedure

Basically

§ 135. (1) The award procedure ends with the state of play contract or with the withdrawal of the award procedure.

(2) Immediately after completion of the procedure, except in the case of an award-control procedure which has not yet been finalized, on the basis of a request, those bidders who have not been awarded the contract or, in the case of withdrawal, return to all candidates or tenderers to the final preparation.

Documentation obligations

§ 136. (1) Contracting authorities have a public procurement note on each contract awarded, through each awarded concession contract, through any closed framework agreement and through each dynamic procurement system or a note on the withdrawal of a procurement procedure, which includes at least:

(2) In the case of procurement procedures in the upper threshold area, the contract notice is in accordance with paragraph. 1 or its essential content to the Commission on request.

(3) The contracting authority may, by drawing up a contract notice or a note on the withdrawal of a tendering procedure pursuant to paragraph 1. 1 in the case of award procedures whose estimated order value does not reach €120 000, provided that the information provided for in paragraph 1 Z 1 to 7 without heavy burden of the award documentation.

archiving of electronic procurement procedures

§ 137. The contracting authority has all relevant documents concerning the expiry of an electronic tendering procedure or to store all relevant documents about each award procedure in which bids have been submitted electronically, at least four years from the termination of the award procedure. This relates in particular to documents relating to access documentation pursuant to Section 120 Z 3.

Reasons for withdrawing a tender procedure before the end of the supply period

§ 138. (1) Before the end of the tender period, a tender procedure must be revoked if circumstances are known which, before the opening of the tender procedure, would have been known to have been excluded or led to a substantial other tendering procedure.

(2) The contracting authority may withdraw a tender procedure if there are objective reasons.

Reasons for withdrawing a tender procedure after expiry of the supply period

§ 139. (1) After the end of the offer period, a tender procedure must be revoked if:

(2) An award procedure may be revoked if:

Notice of withdrawal decision, standstill period, ineffectiveness of withdrawal

§ 140. (1) The contracting authority must immediately and prove that he intends to withdraw the award procedure,

(2) In the case of § 138, the withdrawal decision is to be announced in the same way as the tender procedure. As far as this is possible, the contracting authority shall notify candidates to whom the tender documents have been issued, or tenderers immediately and provenly electronically or by fax, that it intends to withdraw the tender procedure. The notice and the communication indicate the reasons for the intended withdrawal and the end of the standstill period.

(3) The withdrawal must not be declared within a standstill period of 14 days. The standstill period starts with the sending of the notice of the revocation decision, when it comes to electronic means or by fax, when the sending of the notice of the revocation decision. In the case of a notice of the revocation decision pursuant to paragraph 2 shall not declare the withdrawal of other ineffectiveness within a standstill period of 14 days from the first time the notice of the notice of the revocation decision.

(4) The standstill period is reduced to seven days

(5) There is no obligation to notify the revocation decision if there is no offer.

(6) Before the end of the standstill period, a new award procedure on the same subject of the contract may not be initiated, unless the procurement is necessary for imperative reasons of urgency. The notice or notice of the revocation decision cannot be opened.

(7) After the expiry of the standstill period, the contracting authority must notify the revocation declaration in the same way as the revocation decision or, if this is not possible, to make it known on the Internet. The notice of the withdrawal declaration on the Internet is sufficient for sub-densed procedures. With the declaration of withdrawal after expiry of the standstill period, contracting authorities and tenderers regain their freedom of action. The tenders already received will have to be returned upon request, following the declaration of withdrawal. The date of the declaration of withdrawal is proven to be documented.

(8) If a contracting authority finds that, after a significant breach of the award period and contrary to the request of the tenderer to continue the procedure of the contracting authority, a procedure for the award of a contract has not been completed by a revocation declaration or an award of a contract or has continued the procedure in an appropriate manner, this is considered a declaration of withdrawal within the meaning of this federal law.

4. Main

Provisions for special contracts and special procedures

1. Section

Awarding non-privacy service contracts

Not priority service contracts

§ 141. (1) For the award of non-privacy services contracts by contracting authorities, only the provisions of this section, the 1st part, with the exception of Section 2 Z 16., shall apply § 3(2). 1, 6, 9, 10, 12 paragraphs 1 and 3, 13, 16, 21, 44, 49, 98 and 132 paragraphs. 3 and the 4. to 6. part of this federal law.

(2) Non-privacy services contracts are to be awarded by contracting authorities, in compliance with Community fundamental freedoms and the non-discrimination principle. Insofar as this is necessary on the basis of the value and subject matter of the contract, non-priority service contracts are, in principle, awarded in a procedure with several entrepreneurs guaranteeing a reasonable degree of public interest and in accordance with the principle of free and fair competition. A notice of a procedure can only be taken away if one of the provisions of the Chapter 30(2). 2 or 38(2). 2 Z 2 or 4 above.

(3) The award of non-privacy service contracts in a formal-free procedure is directly to a selected entrepreneur (direct award) only up to an estimated value of 40 000 euros. The award of non-privacy services contracts on intellectual services in a negotiated procedure without prior notice with only one entrepreneur is permitted, provided that the implementation of an economic competition on the basis of the cost of the procurement process for the contracting authority is economically unreasonable and the estimated value of 50vH of the respective thresholds is in accordance with Section 12(2). 1 Z 1 or 2 not reached.

(4) In the upper threshold area, non-priority service contracts must be announced in accordance with Section 54.

(5) As a separate admissible decision, any externally visible determination of the contracting authority shall apply. The contracting authority, except in justified exceptional cases, has the award or the contract. to announce the entrepreneur in the proceedings and to observe an appropriate standstill period set by the contracting authority. The supplement or revocation may be made of any other invalidity or Ineffectiveness is not granted or declared within the fixed standstill period.

2. Section

award of concession contracts and
awarding works contracts to third parties by construction concessionaires

General

§ 142. (1) For the award of concession contracts by contracting authorities, only the provisions of this section, the 1st part, the Articles 3, 4, 7, 9(2), 10, 12 to 14, 18 to 23, 37, 38, 41, 43 to 52, 55, 68 to 70, 76, 79, 91 to 94, 98, 113 to 116, 117(3) and 4, 129 to 140, and the provisions referred to in this section.

(2) When awarding concession contracts, the contracting authority may choose freely between the open procedure, the non-open procedure with prior notice and the negotiated procedure with prior notice. If the conditions of Section 34 are met, the contracting authority may also award concession contracts through the competitive dialogue. In this case, Articles 159 to 162 are deemed to be meaningful.

(3) For the award of works contracts to third parties by construction concessionaires, which are not contracting entities within the meaning of Section 3(2). 1 shall apply only to the provisions of this section, which is 1. 4, 12 to 14, 19 paragraphs. 1, 23, 49, 55 and 132 paragraphs. 3, the 4th to 6th part and the provisions referred to in this section.

Time limits

§ 143. (1) For the calculation, measurement and extension of deadlines, see sections 56 and 57.

(2) Contracting authorities who wish to grant a concession contract shall have a period of time for the receipt of applications for the concession,

(3) When awarding works contracts, a building concessionaire, which itself does not comply with the provisions of Section 3(2). 1 is subject to setting deadlines as follows:

(4) The deadlines set in paragraphs 2 and 3 may be shortened in accordance with Section 62 and Section 66.

Mandate to third parties

§ 144. The contracting authority may:

Special provisions for procurement procedures by concessionaires,
no contracting authority

§ 145. (1) Construction concessionaires, which are not contracting entities within the meaning of Section 3(2). 1 shall have to award works contracts to third parties in accordance with Community fundamental freedoms and non-discrimination and, where necessary, on the basis of the value and subject matter of the contract, in principle in a procedure with several entrepreneurs, which ensures an appropriate degree of public interest and which meets the principles of free and fair competition. A notice using standard forms in accordance with Articles 46, 47 and 50 to 52 can only be removed in the upper threshold area if one of the § 28(2). There are 2 above conditions.

(2) As a separate admissible decision, any externally visible determination of the contracting authority shall apply. The contracting authority, except in justified exceptional cases, has the award or the contract. to announce the entrepreneur in the proceedings and to observe an appropriate standstill period set by the contracting authority. The supplement or revocation may be made of any other invalidity or Ineffectiveness is not granted or declared within the fixed standstill period.

(3) Entrepreneurs who have joined forces to obtain the concession, as well as associated companies, are not considered third parties.

(4) The application for a concession is accompanied by a full list of companies associated with the company. This list must be updated if changes are made in the relationship between the companies later.

3. Section

Rules on the implementation of electronic auctions

Basically

§ 146. (1) Where an open procedure, an open procedure with a prior notice, a negotiated procedure in accordance with the provisions of Article 28(2). 1 Z 1, 29(1) Z 1 or 30 paragraphs. 1 Z 1 is carried out, or contracts on the basis of a framework agreement after a new call for competition in accordance with the procedure of § 152(2). 5 and 6, or on the basis of a dynamic procurement system, following a separate call for tenders under the § 158 procedure, the offer to be awarded can also be identified through an electronic auction.

(2) Should the contract be awarded through an electronic auction, the notice is to be published on the Internet in accordance with § 46.

(3) The implementation of auctions is based on an auction order, which is part of the tender documents and at least has the following contents:

(4) Before the auction is carried out, the tenders submitted in the previous tendering procedure are subject to a first tender evaluation based on the announced award criterion or on the announced award criteria.

General provisions on the implementation of electronic auctions

§ 147. (1) All bidders in the auction in accordance with § 146. 1 advanced tenders must always be requested at the same time to submit new prices and/or new values for the components to be reconfigured in the tender documents. The contracting authority has to grant direct, full and free electronic access to all tenderers authorised for auction from the date of delivery of the request for participation in the auction. An electronic auction may start at least two working days after a request to participate in an auction.

(2) If the offer to be granted by the contract is to be determined by an electronic auction following an open or unopen procedure with prior notice, the tenderer is not allowed to participate in the opening of the bids. The result of the opening is to be kept secret.

(3) The electronic auction instrument cannot be misused or applied in a way that hinders, restricts or distorts competition. In particular, the subject matter described in the notice and in the tender documents cannot be changed.

(4) The contracting authority may terminate an electronic auction

(5) In the case of a procedure referred to in paragraph 4 Z 3 allows the contracting authority, provided that it has provided for this in the request to participate in the auction, to dismiss, after each auction phase, the offers of those participants who have not made any new offers or only offers that have not reached or exceeded the minimum of the tender levels, as appropriate. The contracting authority shall immediately communicate electronically the participants whose offers have been eliminated.

(6) The contracting authority shall ensure that participants whose offers are in accordance with paragraph. 5 had to be left to the other auction.

(7) After the end of an auction, the name of the successful bidder and the sum of the award must be announced at the internet address set out in the auction regulation. In the event of the implementation of another electronic auction, non-competitive bidders will be notified without delay, at the same time and evidence on electronic means, of the reasons for rejecting their bids, provided that these reasons are not communicated or communicated on the basis of the auction order. Information to be provided is directly visible. The notice or communication shall be regarded as an announcement of the award decision within the meaning of § 131. The date of delivery within the meaning of § 132 shall be the date of first availability of information in accordance with the first sentence of the Internet or the date of sending the communication in accordance with the second sentence

(8) The abolition of an auction shall be regarded as a withdrawal within the meaning of § 139. If an auction has been withdrawn, the reasons for demolition must be disclosed to bidders under the internet address set out in the auction regulation. The notice shall be regarded as an announcement of the revocation decision within the meaning of Section 140. At the time of sending the revocation decision within the meaning of the § 140, the date of first availability of the information in accordance with the second subparagraph shall apply on the Internet.

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

(10) The expiry of the auction and all related data transfers are fully documented by the contracting authority.

Special provisions for the implementation of simple electronic auctions

§ 148. (1) For simple electronic auctions under § 31(2). 3 are only available on prices.

(2) During the auction, the contracting authority shall immediately publish the lowest price below the internet address announced in the auction regulation. If this has been established in the auction order, other information can also be disclosed as the lowest price, such as the number of participants at the respective auction stage, at the internet address set out in the auction regulation.

(3) The award is to be awarded at the lowest price.

Special provisions for the implementation of other electronic auctions

§ 149. (1) Implementation of other electronic auctions in accordance with § 31(2). 4 has requested the contracting authority to participate in the auction in accordance with § 147. 1 to join the result of the first tender evaluation of the bidder. In the request to participate in the auction, the contracting authority must indicate the mathematical formula according to which the electronic auctions are made in accordance with the new values submitted (concerning price or other parts of the offer). This formula also highlights the weighting of all the award criteria set out in the notice pursuant to § 46 or in the tender documents for identifying the most technically and economically advantageous tender. The award criteria are to be defined in fixed values in advance, the indication of award criteria by setting a margin within which the criterion is, as well as the mere maturation of the meaning of the award criteria, is inadmissible. If alternative offers have been submitted in an admissible manner, a mathematical formula must be given separately for each alternative offer.

(2) During the auction, each tenderer will be immediately and permanently aware of the current position of his offer in relation to the other bids offered by the other tenderers under the internet address announced in the auction regulation. If this has been established in the auction order, other information such as the current lowest price or the number of participants at the respective auction stage may also be disclosed at the internet address defined in the auction regulation.

(3) The award is to be awarded to the most technically and economically advantageous offer, taking into account the last bids made to the auctionee.

4. Section

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

General

§ 150. (1) Public contracts may be awarded on the basis of a framework agreement, provided that the framework agreement is implemented in accordance with an open procedure, an open procedure with prior notice or a negotiated procedure pursuant to Articles 28 to 30 and 38(2). 1 has been completed without the award of the contract, in compliance with the provisions of Section 151.

(2) For the award of public contracts on the basis of these Framework Agreements, the provisions of this section, the 1st and the 4th to 6th part, as well as the provisions referred to in this section.

Conclusion of Framework Agreements

§ 151. (1) The contracting authority has to indicate in the notice under § 46 or, if a negotiated procedure is carried out without prior notice, whether a framework agreement with a single or several entrepreneur should be concluded. In order to conclude a framework agreement with several entrepreneurs, the contracting authority must indicate the number of entrepreneurs in the notice or, if a negotiated procedure is carried out without prior notice, in the call for tender. Small and medium-sized enterprises may also participate in the process to conclude a framework agreement.

(2) An entrepreneur who, on the basis of a notice, expresses their interest in a specific framework agreement to the contracting authority, must immediately transmit the tender documents, but at the latest within six days of receipt of the request, or electronically make available according to the agreement.

(3) The parties to the Framework Agreement will be subject to an open procedure, an open procedure with prior notice or a negotiated procedure in accordance with Articles 28 to 30 and 38(2). 1. A framework agreement with an entrepreneur is to be concluded with those tenderers who have put the best-evaluated offer according to the award criteria announced. A framework agreement with several entrepreneurs is to be concluded with those bidders who have put the best-evaluated offers according to the award criteria or the announced award criteria. If a framework agreement with several entrepreneurs is to be concluded, at least three parties must be involved, provided that a sufficiently large number of entrepreneurs meet the fitness criteria and a sufficient number of admissible offers have been made. The relevant reasons for assessing the offers are to be kept in a reasonable way. The contracting authority shall immediately notify the unsuccessful bidders of this decision, but at least ten days after the conclusion of the evaluation of the bids, including the reasons for non-respect and the name of the party or the name of the party. the parties to the Framework Agreement. The reasons for non-respect should not be disclosed unless the disclosure of this information would conflict with public interests or legitimate business interests of entrepreneurs or harm the free and fair competition.

(4) The instrument of the Framework Agreement may not be misused or applied in a way that hinders, restricts or distorts competition.

(5) The duration of a framework agreement may not exceed three years. Exceptionally, if this can be justified, in particular on the basis of the subject-matter of the Framework Agreement, a maximum duration of five years may be provided. The reasons for this are fixed.

(6) On the withdrawal of a framework agreement, the provisions of Articles 138 to 140 must be applied in a meaningful manner.

Public procurement on the basis of framework agreements

§ 152. (1) When awarding public contracts based on a framework agreement, the parties may not make substantial changes to the terms of the Framework Agreement.

(2) Contracts to be awarded on the basis of a framework agreement concluded pursuant to Section 151 shall be awarded in accordance with the procedures described in paragraphs 3 to 6. These procedures are permitted only between the contracting authorities and those or those entrepreneurs who were parties to the Framework Agreement from the beginning.

(3) A framework agreement with a single entrepreneur in accordance with § 151. 3 completed, the contract may be awarded with regard to contracts based on this framework agreement

(4) If a framework agreement with several entrepreneurs is concluded in accordance with § 151. 3 completed, so is the award for contracts based on this Framework Agreement

(5) If not all the conditions for awarding contracts are set out in the Framework Agreement itself, the reopening of the parties to competition in accordance with paragraph 4 Z 2

(6) In the event of a reopening of the parties to the competition pursuant to paragraph 4 Z 2 allows the contracting authority to grant the supplement either after an electronic auction pursuant to Articles 146 to 149 or after the following procedure:

(7) On the withdrawal of proceedings pursuant to paragraphs 3 to 6, the Articles 139 and 140 shall be applied in a meaningful manner.

5. Section

Rules on competition

General

§ 153. Only the provisions of this section, the 1st part, the Articles 3, 6, 9, 10, 12(2) and 3, 13, 16, 19, 20 paragraph. 1 to 3, 26, 35, 39, 42 to 52, 54 and 55, the 4th to 6th part and the provisions referred to in this section.

Participation in competition

§ 154. (1) The open competition is open to all participants.

(2) In the non-open competition, the number of participants to be invited must be determined according to the subject of competition. However, if there is a sufficient number of authorised, efficient and reliable entrepreneurs, it cannot be less than three. The number determined must ensure genuine competition and must be indicated in the notice. The clear and non-discriminatory selection criteria have to take into account the specific needs of the object of competition and must be defined in advance.

(3) Applicants who have made timely applications for participation on the basis of the notice and who, in accordance with the provisions of Articles 68 to 77, are entitled to be regarded as effective and reliable, must be considered to be abated. 5 and 6 opportunities to participate in competition.

(4) The examination of the application for participation is to be summed up in which all the circumstances essential for the assessment of the application for membership must be kept. On request, the applicant must be informed of the part of the notice relating to his application. The design of the inscription is to be considered.

(5) As a result, more applications for participation than the number of invited participants set by the Auslober, the Auslober has chosen the best candidates among the authorised, efficient and reliable candidates on the basis of the selection criteria. The relevant reasons for the selection are to be kept in a reasonable way. All candidates have agreed to this decision without delay, but at least eight days after the end of the selection. On request, candidates who are not invited to participate in the competition should be aware of the grounds of non-authorisation, unless the disclosure of this information would be contrary to public interests or legitimate business interests of entrepreneurs or would harm the free and fair competition.

(6) As a result of fewer applications for participation from authorised, efficient and reliable entrepreneurs than the number of invited participants set by the Auslober, the lobster may involve additional entrepreneurs in the competition.

(7) At least three entrepreneurs are invited to pay for invited competitions. The call for participation has only been given to entrepreneurs who can be regarded as efficient and reliable in accordance with the provisions of Articles 68 to 77.

(8) In case of ideas, as far as this is not necessary on the basis of the subject-matter of the competition, the examination of the power, performance and reliability can be waived in accordance with Articles 68 to 77.

Implementation of competitions

§ 155. (1) In the publication of an open or non-open competition pursuant to § 46, the assessment criteria for the price court must be indicated in the order of their importance. In the event of invited competitions, the invited entrepreneurs will be informed of the assessment criteria for the price court in the order of their importance.

(2) The provisions applicable to the implementation of the competition are to be notified to interested parties in participating in the competition, on request, but at any time to the invited operators in the event of competition.

(3) The implementation of competitions is based on a competition order which must at least have the following content:

(4) The price court can only consist of price judges independent of the participants of the contest. If a particular professional qualification is required by the participants, at least one third of the judges must have the same or equivalent qualification.

(5) The price court may only be informed of the content of the plans and drafts after the expiry of the deadline.

(6) The price court is independent when selecting or winning the competition. This selection has to be made on the basis of competition works that are presented anonymous and only on the basis of the assessment criteria. The price court has to establish a notice on the ranking of the selected projects, in which to deal with each of the competition works, and to include them in the most relevant comments of the price court as well as, where appropriate, further clarifications concerning individual competition works. This is to be substantiated by the price judges. The candidates may, if necessary, be asked to provide answers to certain aspects of the contested work that the price court has held in the Minutes. A comprehensive protocol is to be drawn up on the dialogue between the price judges and the candidates on this subject. The anonymity of the contested work submitted must be kept up to the selection of the price courts or until the dialogue, if necessary. The selection of the price courts is to be submitted to the lobster for all reasonable further injunction. The price courts' meetings are not public.

(7) Competitions can be performed one or more times.

(8) For the transmission of plans and drafts to electronic means in connection with the implementation of a competition, the provisions of Articles 91 to 94, 113 to 116 and 119 apply.

(9) If, following the completion of a competition, no negotiating procedure for the award of a service contract is carried out, the distruster has the decision to which participants are awarded price money or Payments should be made, as well as the composition of the price courts, to give all participants known within eight days of its decision.

(10) A negotiated procedure for the award of a service contract in accordance with Section 30(2), following the completion of a competition. 2 Z 6, the distruster has announced the decision on non-participation in the negotiating procedure and the composition of the pricing court to give the non-authorised participants a notice within eight days of its decision.

(11) For the withdrawal of a competition, § 138 is deemed to be relevant for the period before the competition works are submitted and § 139 is in line with the stage after submission of the competition work. § 140 applies to the announcement of the revocation decision.

6. Section

Rules on the establishment and operation of a contract and the award of contracts
on the basis of a dynamic procurement system

General

§ 156. (1) Public procurement can be awarded on the basis of a dynamic procurement system, provided that the dynamic procurement system has been established after an open procedure without awarding a contract, in compliance with the provisions of Section 157.

(2) For the award of public contracts on the basis of a dynamic procurement system, the provisions of this section, the 1st and the 4th to 6th part, as well as the provisions referred to in this section.

Establishment and operation of a dynamic procurement system

§ 157. (1) A dynamic procurement system can only be set up and operated on an electronic basis.

(2) The contracting authority has to send the notice in accordance with § 46, while respecting Articles 50, 52 and 55, to electronic means and to publish it immediately on the Internet. The notice must specify the electronic address of the tender documents as well as all other documents and information necessary for the establishment and operation of the dynamic procurement system or the simplified notice in accordance with § 158. 3 will be published. From the date of sending the notice, the contracting authority has to grant direct, full and free electronic access to all documents relating to the establishment and operation of the dynamic procurement system until the end of the system.

(3) The tender documents clearly define the services covered by the dynamic procurement system. In addition, it must specify all necessary information about the dynamic procurement system, in particular the technical equipment used or required for participation, as well as the technical arrangements and characteristics of the connection.

(4) All tenderers authorised, reliable and efficient, in accordance with the tender documents establishing the dynamic procurement system, the non-binding declarations on the provision of electronic services permitted in the open procedure, while respecting Articles 113 to 115 and 119(2). 3 have been approved for the dynamic procurement system. The issued non-binding declarations on the provision of services can be modified by the bidders at any time, if they are compatible with the definition of tender documents to establish the dynamic procurement system.

(5) The duration of a dynamic procurement system must not exceed four years. If this can exceptionally be justified in an objective manner, a longer term may be provided. The reasons for this are fixed.

(6) Throughout the life of a dynamic procurement system, every entrepreneur can make a non-binding statement on the provision of services and request to be registered as participants in the dynamic procurement system. The contracting authority shall, within a period of 15 days of receipt of the non-binding declaration on the provision of services, determine whether, in accordance with the tender documents establishing the dynamic procurement system, it is an authorised, reliable and efficient tenderer and whether, in accordance with the tender documents, it is an admissible non-binding declaration on the provision of services. This period may be extended appropriately by the contracting authority, unless a separate call for tender is made in accordance with § 158 after the date of receipt of the non-binding declaration on the provision of services.

(7) Where the contracting authority finds that it is a non-binding declaration on the provision of services authorised in accordance with the tender documents to establish the dynamic procurement system, reliable and efficient bidders, and a non-binding declaration on the provision of services authorised in accordance with the tender documents, the contracting authority has to authorize the tenderer to the dynamic procurement system. The tenderer is immediately and proven to agree on electronic means. The contracting authority has immediately agreed to tenderers who have not been admitted to the dynamic procurement system of this decision and announced the reasons for non-inclusion on electronic means. The reasons for non-respect should not be disclosed unless the disclosure of this information would be contrary to public interests or legitimate business interests of entrepreneurs or harm the free and fair competition.

(8) The dynamic procurement instrument cannot be misused or applied in a way that hinders, restricts or distorts competition.

(9) For the establishment, operation and participation in a dynamic procurement system, the contracting authority may not cost entrepreneurs.

(10) On the withdrawal of a dynamic procurement system, § 138 and 140 must be applied in a meaningful manner.

procurement of public contracts based on a dynamic procurement system

§ 158. (1) Orders to be awarded on the basis of a dynamic procurement system set up pursuant to § 157 shall be awarded exclusively in accordance with a . 2 to 5 procedures described on electronic means. This procedure is only allowed between the contracting authority and those entrepreneurs who are participants in the dynamic procurement system.

(2) For the award of each individual order, a separate request for the supply charge must be made.

(3) Before a separate call for tenders in accordance with paragraph 2 publishes a simplified notice on the Internet in accordance with the terms of the tender documents. This simplified notice has at least: Annex VIII (Part A) for a simplified notice to be included in a dynamic procurement system. The simplified notice requires all interested operators to request a non-binding declaration on the provision of services within a time limit set by the contracting authority, which may not be less than 15 days from the publication of the simplified notice. 6.

(4) A separate call for tendering is only allowed if the contracting authority is granted a simplified notice under paragraph. 3 non-binding declarations for the provision of services in accordance with § 157. 7 decided.

(5) The award is made either after an electronic auction is carried out in accordance with Articles 146 to 149 or after the following procedure:

(6) The notice of contracts awarded shall apply § 54(2). 3.

(7) On the withdrawal of the separate call for tender, the sections 139 and 140 must be applied in a meaningful manner.

7. Section

Rules on competition dialogue

General

§ 159. (1) Only the provisions of this section, the 1st part, the Articles 3 to 6, 9, 10, 19, 20(2) and 3, 25(2) apply to the conduct of a competitive dialogue. 9, 34, 36, 43 to 50, 52 to 59, 62 to 64, 67 to 78, 4. to 6. Part of the provisions referred to in this section.

(2) In the event of a contract award through a competitive dialogue, the award has to be made on the most technically and economically advantageous offer.

Participants in the competition dialogue

§ 160. (1) The contracting authority has to define its needs and requirements in the publication of the competition dialogue in accordance with Section 46.

(2) The notice also contains the following information:

(3) Applications for participation can be sent in writing or electronically. Interest statements on participation can also be sent by phone or by fax.

(4) Applicants who have made timely applications for participation on the basis of the notice and who, in accordance with the provisions of Articles 68 to 77, are entitled to be regarded as effective and reliable, must be regarded as abstained. invite 6 to 8 to participate in the competition dialogue.

(5) The examination of the application for participation is to be summed up in which all the circumstances essential for the assessment of the application for membership must be kept. On request, the applicant must be informed of the part of the notice relating to his application. The design of the inscription is to be considered.

(6) The number of candidates to be invited must be determined according to performance, but must not be lower than three. The number determined must ensure genuine competition. The objective and non-discriminatory selection criteria have to take into account the specific needs of the project that is subject to the dialogue.

(7) With more applications than the number of candidates to be invited by the contracting authority, the contracting authority has to select the best candidates on the basis of the selection criteria. The relevant reasons for the selection are to be kept in a reasonable way. The contracting authority has immediately agreed to the candidates not invited to participate in the dialogue, but at least one week after the end of the selection, under the announcement of the reasons for non-compliance. The reasons for non-respect should not be disclosed unless the disclosure of this information would be contrary to public interests or legitimate business interests of entrepreneurs or harm the free and fair competition.

(8) If the number of applications for participation by suitable candidates is below the minimum number of participants set by the contracting authority, the contracting authority may continue the procedure with the appropriate candidates. The contracting authority cannot invite candidates who do not have the necessary fitness or who have not submitted a request for participation in the dialogue.

(9) At the same time, the contracting authority has to request the selected candidates to participate in the competitive dialogue. The request will be accompanied by the description and all relevant additional documents if the documents are not provided on the Internet. It contains at least the following information:

Dialogue phase

§ 161. (1) The contracting authority shall conduct a dialogue with the participants to identify the solution or the solutions that best meet its needs and requirements. In this dialogue, the contracting authority can discuss with the participants all aspects of the contract and, where appropriate, adapt the description of its needs and requirements, on the basis of discussions. If the description of the needs and requirements of the contracting authority is adapted, this must be disclosed to all participants in the dialogue.

(2) The contracting authority has to refrain from any discriminatory disclosure of information that may favour certain participants against others.

(3) As a result of this dialogue, the contracting authority will discuss with each participant only the solution presented by this proposal or the solutions submitted by this. Solutions from other participants can only be found under the condition of the paragraph. 4 will be included in the discussion.

(4) The contracting authority may only share solutions, parts of solutions or confidential information of a participant with its consent to the other participants.

(5) If the contracting authority makes use of the possibility to complete the procedure in several successive phases, it may reduce the number of solutions to be discussed using the award criteria specified in the notice or description during the dialogue phase. The contracting authority has, without delay, agreed to the participants whose solution is not taken into account by this decision, but at least one week after the end of the respective phase, under the announcement of the reasons for non-compliance. The reasons for non-respect should not be disclosed unless the disclosure of this information would conflict with public interests or legitimate business interests of entrepreneurs or harm the free and fair competition.

(6) The contracting authority shall continue the dialogue for as long as it has identified the solution or solutions that are best suited to meet its needs and requirements. If there is a sufficient number of solutions according to the first sentence, so many solutions must be found to ensure genuine competition at the end of the dialogue phase.

(7) The contracting authority must immediately announce the completion of the dialogue phase and the broad lines of the selected solution or solutions to all participants in the dialogue.

Call for tender and award of the contract

§ 162. (1) The contracting authority must ask the remaining participants to be or offer solutions on the basis of the solution or solutions presented by the respective participants and in the dialogue phase. In this request, the contracting authority may complete and adapt the description in accordance with the outcome of the discussions, unless this leads to a change in the basic elements of the notice and the description which could distort or affect competition.

(2) An offer must contain all the elements necessary to carry out the project.

(3) At the request of the contracting authority, the tenderer may clarify, clarify, finely coordinate and supplement its offer, unless this leads to a change in the basic elements of the offer or description that could distort or have a discriminatory effect on competition.

(4) The contracting authority shall, in accordance with the information provided in the description and, where applicable, in the context of the call for a supply levy pursuant to paragraph 1. 1 complete or adapted award criteria to select the most technically and economically advantageous offer. Where an announcement of the award decision has to be made, the Articles 131 and 132 shall apply.

(5) At the request of the contracting authority, the tenderer, whose offer has been identified as the most technically and economically advantageous tender, may explain certain aspects of his offer, or confirm the undertakings contained therein, unless this does not result in any change of essential aspects of the offer or description which could distort or have a discriminatory effect on competition.

(6) For the withdrawal of a competitive dialogue, § 138 is utilised for the period before the end of the supply period and § 139 sense for the phase after the expiry of the supply period. § 140 applies to the announcement of the revocation decision.

3. Part

Awarding procedures for sector contractors

1. Main

Scope, principles

1. Section

Personal scope

Sector Contracting Authorities

§ 163. This federal law applies to the procurement procedures of sector sponsors, which are contracting entities under Articles 164, 165 and 166, with the exception of its 2.

Contracting authority as a sector contractor

§ 164. To the extent that a contracting authority pursuant to Section 3(2). 1 is a sector activity (sections 167 to 172), it is a sector leader.

Public companies as a sector contractor

§ 165. (1) To the extent to which public companies carry out a sector activity (sections 167 to 172), they are sector-contractors.

(2) Public undertakings pursuant to paragraph 1 is each company where a contracting authority can exercise a dominant influence directly or indirectly on the basis of property, financial participation or the rules applicable to the company. The exercise of a dominant influence is suspected if a contracting authority is directly or indirectly

Private sector sponsors

§ 166. (1) To the extent that contracting authorities who are neither public procurement nor public undertakings carry out a sector activity (sections 167 to 172), they are sector-providers if they exercise this activity on the basis of special or exclusive rights.

(2) Special or exclusive rights under paragraph 1 are rights granted by the competent authority by means of legal or administrative provisions, which result in the exercise of a sector activity reserved for one or more companies and that the possibility of other companies to perform this activity is significantly impaired.

2. Section

Sector activities

Gas, heat and electricity

§ 167. (1) Sector activities in the field of gas and heat are:

(2) The inclusion of gas or heat in networks for the supply of generality by a contracting authority that is not a contracting authority does not constitute an activity within the meaning of the paragraph. 1, if

(3) Sector activities in the field of electricity are:

(4) The feed-in of electricity into networks for the supply of generality by a contracting authority that is not a contracting authority is not considered an activity within the meaning of the paragraph. 3, if

Water

§ 168. (1) Sector activities in the water sector are:

(2) The feeding of drinking water into networks for the provision of general care by a contracting authority that is not a contracting authority is not considered an activity within the meaning of the paragraph. 1, if

(3) This federal law applies except its 2. Parts also for the award of contracts and the execution of competitions by contracting authorities, which are an activity within the meaning of the paragraph. 1 perform if these contracts or competitions

Transport services

§ 169. (1) Sectoral activities in the field of transport are the provision or operation of networks to provide general transport services on the rail, with automatic systems, with bus, with bus, with top-line buses or with cable (railways).

(2) In the field of transport, a network is available if the transport performance is provided in accordance with the conditions laid down by a competent authority; These include the definition of routes, transport capacity and timetables.

Postal services

§ 170. (1) Sector activities in the field of postal services are the provision of postal services and other services in accordance with paragraph 4.

(2) Postal services within the meaning of the paragraph. 1 are services relating to the collection, sorting, transport and delivery of mail. These services include:

(3) A posting within the meaning of the paragraph. 2 is an addressed shipment in the final form in which it is transported regardless of its weight. In addition to letters, these are books, catalogues, newspapers and magazines, as well as mail packages containing goods with or without trade value, regardless of their weight.

(4) Other services within the meaning of the paragraph. 1 are services provided in the following areas: