BUNDESVERGABEGESETZ 2012 PDF

Income groups follow the World Bank Income Classifications from Total population is based on the de facto definition of population, which counts all residents regardless of legal status or citizenship - except for refugees not permanently settled in the country of asylum, who are generally considered part of the population of their country of origin data. Urban population refers to people living in urban areas as defined by national statistical offices data. Life Expectancy at birth years indicates the number of years a newborn infant would live if prevailing patterns of mortality at the time of its birth were to stay the same throughout its life.

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ICLG - Public Procurement Laws and Regulations - Austria covers common issues in public procurement laws and regulations — including application of the law to entities and contracts, award procedures, exclusions and exemptions — in 27 jurisdictions.

Part 3 of the BVergG regulates the procurement by entities operating in the water, energy, transport and postal services sectors. The following basic underlying principles apply for all procurement processes, including procurement processes in the sub-threshold area. The basic underlying principles are the principles laid down in the Treaty on the Functioning of the EU TFEU , including the principles of non-discrimination, equal treatment, transparency, as well as free and fair competition.

Regulations concerning competition and subsidy law are relevant to public procurement. Public entities are obliged to provide metadata for the publication via Hyperlink.

The Austrian procurement law transposes the EU Directives. The Austrian procurement law covers public works contracts, public supply contracts and public service contracts. Public works contracts are defined as public contracts having as their object one of the following:.

Public supply contracts mean public contracts having as their object the purchase, lease, rental or hire-purchase of products, with or without an option to buy. A public supply contract may include, as an incidental matter, installation operations. Public service contracts mean public contracts having as their object the provision of services other than those referred to public works or supply contracts.

There are specific rules for the supply of certain services, amongst others, the supply of health and health-related services, social services, cultural services and educational services.

The BVergG has numerous rules on the delimitation of the various types of contracts and the scope of application of the provisions of public procurement laws. The BVergG applies to all procurement procedures, whether it is above or under the threshold values. The thresholds are determined by EU law. It depends on the threshold, which procurement procedure may be applied.

The applicable rules of the BVergG are less strict for procurement procedures in the sub-threshold area. Within this area, there are further threshold values concerning the different types of proceedings. The relevant thresholds are:. The Regulations contain a general principle: the conception and implementation of the procurement procedure may not be designed with the intention of excluding it from the scope of the Austrian procurement law.

The Regulations are also governed by the principle that a procurement shall not be sub-divided with the effect of preventing it from falling within the scope of the Regulations, unless justified by objective reasons. Under certain circumstances, the values of similar contracts therefore have to be added up. The BVergG - Konz differentiates between works concessions and service concessions.

Works concession is defined as a contract for pecuniary interest concluded in writing by means of which one or more contracting authorities, or contracting entities, entrust the execution of works to one or more economic operators. The consideration for which consists either solely in the right to exploit the works that are the subject of the contract or in that right together with payment.

Services concession is defined as a contract for pecuniary interest concluded in writing by means of which one or more contracting authorities, or contracting entities, entrust the provision and the management of services other than the execution of works concessions to one or more economic operators. The consideration of which consists either solely in the right to exploit the services that are the subject of the contract or in that right together with payment.

Framework agreement means an agreement without obligation to take delivery between one or more contracting authorities and one or more economic operators. The purpose of which is to establish the terms governing contracts to be awarded during a given period, in particular with regard to price and, where appropriate, the quantity envisaged.

Framework agreements should not be confused with framework contracts. Framework contracts are public contracts see question 2. The contracting authorities are free to decide whether they award contracts separately or jointly, but they cannot decide arbitrarily. Economic and technical aspects have to be taken into consideration. Especially if a uniform implementation is necessary, the contracting authorities have to award contracts jointly.

If the contracting authorities award a contract into lots, and the amount of the lots is to be summed, the general rule is:. Contracting authorities have to guarantee open access to procurement procedures for suppliers which are established in an EU Member State, a country which is a member of the Government Procurement Agreement or another relevant international agreement by which the EU is bound.

Please specify the main stages of each procedure and whether there is a free choice amongst them. Contracting authorities can freely choose between an open and restricted procedure. The other procedures are only available where it is expressly permitted.

Participants and bidders have to be reliable, must possess the necessary authorisation and have to prove their economic and financial capacity. The suitability criteria are specified in the tender documents. Participants or bidders, who cannot fulfil the suitability criteria, must be excluded.

Additionally, the Regulations distinguish between mandatory and facultative grounds for exclusion. For instance, the contracting authority has to exclude the tender if the bidder has not the required competence, or if the tender is abnormally low and the tenderer cannot provide a sufficient explanation for the offered price.

In particular, to what extent are factors other than price taken into account e. The award criteria shall be specified in the tender documents. The contracting authority can determine that the evaluation of tenders is to be assessed on the basis of price only, or the contracting authority shall award the contract to the tenderer who has submitted the most economically advantageous tender. Primarily, the contracting authority shall base the award of public contracts on the most economically advantageous tender.

Beside the price criterion, qualitative, environmental, innovatory or social aspects can be taken into account as award criteria. The contracting authority has to examine whether the prices are appropriate in relation to the offered services. Comparable experiences and relevant market conditions have to be taken into consideration. The contracting authority is only allowed to reject a tender which is abnormally low if the tenderer can only provide an insufficient explanation for the low prices.

The contracting authority must award the contract according to the tender documents, either on the most economically advantageous tender, or on the tender with the lowest cost. The contracting authority has to inform unsuccessful bidders of the award decision. This information must contain at least the following details: name of the successful bidder; the date of the expiry of the standstill period; the reasons of the rejection; and the main characteristics and advantages of the successful bid, unless the public communication is contrary to public interests.

Contracting authorities procure supplies or services from a central purchasing body or procure works, supplies or services by using contracts awarded by the central purchasing body. The advantage of using central purchasing bodies is that only the central purchasing body has to apply the procurement law.

With an alternative bid a bidder offers alternative solutions for one or more aspects of the specifications. An amendment bid is a bid with minor and equivalent modification on a technical scale according to the performance specification. The modifications are much less extensive in comparison to an alternative bid. Alternative and variant bids are permitted if the contracting authority allows the formulation of alternatives and variants in the tender documents.

Amendment bids have to be accepted unless the tender documents prohibit the submission of amendment bids. The contracting authority takes appropriate measures to effectively prevent, identify and remedy conflicts of interest arising in procurement procedures, so as to avoid any distortion of competition and to ensure equal treatment of all economic operators. Appropriate measures are for instance: preventive awareness campaigns; building on reporting obligations in case of conflicts of interest; and the establishment of a compliance regime, internal audit, or controlling system, etc.

For this purpose, contracting authorities may, for example, seek or accept advice from independent experts, authorities or market participants. Nonetheless, there are some exemptions that only apply to certain types of procurement, just as in the energy, water and transport sectors.

It can be distinguished between vertical and horizontal arrangements. The provisions for the in-house arrangements also apply in the energy, water and transport sectors. Furthermore, contracts awarded to an affiliated undertaking of the sectorial contracting authorities are not subject to public procurement law.

The legal protection in public procurement law matters is divided. The remedies regarding federal government procurement procedures are set out in Part 4 of the BVergG, whereas the legal protection regarding procurements of the federal states is governed by the laws of the respective state. Decisions by contracting authorities in an ongoing award procedure may be reviewed at the request of an interested party in a review proceeding.

The competence of the court is, however, limited to the cassation of the unlawful decision by the contracting authority. The initiation of a review proceeding does not have suspensive effect. To prevent a contracting authority from awarding a public contract or revoking a procurement procedure during a review proceeding, interested parties may apply for an interim order.

A court ruling as described in question 5. Bypassed bidders are entitled to claim the fulfilment interest, if they can prove that they would have been awarded the contract. If such evidence cannot be provided, the applicant is only entitled to the fidelity damage. The lawsuit must be brought before the competent civil court. Affected bidders may also sue bidders in breach of competition law for an injunction. The Federal Administrative Court is the competent court in the first instance for remedies regarding public procurements by the Federation.

For the legal protection in the first instance regarding matters of public procurements of the federal states, each state has established an administrative court. Some first instance rulings can be challenged by an appeal to either the Administrative Court of Justice or the Constitutional Court of Justice.

In addition, applicants may submit a request to initiate a preliminary ruling procedure before the European Court of Justice. Applications for the initiation of review proceedings must be submitted within the time period stated in the statute. Due to the number of different laws governing legal remedies, a comprehensive display of applicable time limits is not suitable. However, within the scope of the BVergG the elementary rule is that the applicant must complain within 10 days from the forwarding, provision or first-time availability of a decision.

If postal transmission is permitted, the time limit is 15 days. In some cases, the complaint must be submitted within 10 days from becoming aware of the violation. The request for an interim order may only be filed during an ongoing review procedure. After contract signature, the competent court in the first instance as stated in question 5. In some cases, the prerequisite is that a decision may only be declared unlawful, if the unlawfulness had a material influence on the outcome of the procurement procedure.

Within the scope of the BVergG the applicant must file an application within six months from becoming aware of the awarding of the contract or the revocation of the award procedure. The competent administrative court may declare a contract null and void. Instead of declaring the contract null and void, the court may also:.

Within the scope of the BVergG the court must decide within six weeks of receipt of the application. In case of an interim order, the decision must be issued within 10 days. No binding rules exist for all the other procedures.

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Austria: Public Procurement 2020

Please contact customerservices lexology. The current climate surrounding the COVID crisis requires a significant level of flexibility in contractual relationships. To provide flexibility, the public procurement process has been accelerated to help reduce deadlines for submission request. Permitting direct awards and providing a range of options available to contracting authorities. The Austrian public procurement laws provide sufficient means for situations where, as at present, rapid action is required to ensure the basic supply of critical infrastructures such as health care facilities and to take measures to combat and spread the COVID pandemic.

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