Bundesvergabegesetz in der Fassung BVergG-Novelle BVergG Front Cover. Michael Fruhmann, Hans Gölles, Franz Pachner, Doris Steiner. BVergG Bundesvergabegesetz idF der BVergG-Novelle by Michael Fruhmann (Hardback, ) Delivery UK delivery is. Darstellung aller Regelungen des BVergG mit neuester Judikatur und Literatur; mit Schwerpunkt auf der am kundgemachten Novelle BGBl I.

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Under the sector regime, bodies governed by public law as defined above and additionally public entities are covered by the BVergG Michael Etlinger, Bundesvergabeamt Dr. However, depending on the bundesvergabegesez of concession and the qualification as a contract under 0209 classic and the sector regimes, different rules of the BVergG apply.

Contracts based on a framework agreement may either be awarded directly to a party of the agreement based on terms laid down therein or after an invitation to submit bids.

I’d like to read this book on Kindle Don’t have a Kindle? The term of a framework agreement is limited to three years. The contracting authority must inform tenderers without delay about the decision that their bids will no longer be considered for the award.

For joint procurements bundesverhabegesetz agreements, dynamic purchasing systems and central purchasing bodies are available. Tenderers must be excluded, in particular, in the following cases: In his bid, alternative bid or bid marginally amending the tender, the tenderer must prove the satisfaction of the contracting authority, and by any appropriate means, that the works, services and products in compliance with the standard meets the performance or functional requirements of the contracting authority.

In most cases, such judgments are indeed effective. Unless justified by the subject matter of the contract, technical specifications shall not refer to a specific make or source, or a particular process, or to trade marks, patents, types or a specific origin or production with the effect of favouring certain and eliminating certain products.

There are no special bundesvergqbegesetz. In the sector regime, contracting authorities have the choice between open procedures, restricted procedures with a calling for competition and negotiated proceedings with a calling for competition. Restricted procedures without publication and negotiated proceedings are admissible under certain circumstances.


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The decision was an important ruling because the qualification of such real estate management companies as public bodies bundesveryabegesetz disputed, in particular whether or not they have commercial character and act on the market.

The contract was subject to the sector regime of the BVergG Hubert Reisner, Bundesvergabeamt Dr. Gunther Gruber, Verwaltungsgerichtshof Mag. Therefore, those bids are also admissible in case the base of the award is the lowest price, whereas alternative bids are limited to tenders where the criterion for the award is that of the most economically advantageous tender.

In procedures for awarding public supply or service contracts, contracting bundesverbabegesetz, who have authorised alternatives, may not bundsevergabegesetz an alternative bid on the sole grounds that it would, if successful, lead to either a service contract rather than a public supply contract or a supply contract rather than a public service contract.

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Pursuant to the sector regime, private entities must apply the BVergG In the final phase of the negotiated procedure with more than one tenderer, there shall remain a sufficient number of tenderers to uphold true competition.

Hence, in principle, the BVergG is applicable for such contracts. Such entities are undertakings over which the contracting authorities may exercise directly or indirectly a dominant influence by virtue of ownership of them, their financial participation therein or the rules which govern them.

When a contracting authority uses the option laid down in ii to prescribe in terms of performance and functional requirements, it may not reject a bid, alternative bid bundevergabegesetz a bid marginally amending the tender for works, products and services which comply with a national standard transposing a European standard, with a European technical approval, a common technical bbundesvergabegesetz, an international standard or a technical reference system established by a European standardisation body if these specifications address the performance or functional requirements which it has laid down.


Technical specifications shall afford equal access for tenderers and shall not have the effect of creating unjustified obstacles to the opening of public procurement to competition.

New Book on Austrian Public Procurement Law “Bundesvergabegesetz-Novelle ” | DORDA

Download one of the Free Kindle apps to start reading Kindle books on your smartphone, tablet, and computer. An award given to the bid with the lowest price is, in general, only admissible provided that the quality standards were exactly defined in the tender documents and therefore, the quality of the bids will not differ. Public works, supply and services contracts; public works concessions; public service concessions only fundamental budesvergabegesetz of BVergG are applicable.

The system is open to any economic operator who satisfies 22009 selection criteria and has submitted an indicative tender that complies with the specifications.

Please check the expected dispatch details above. To award a contract, the contracting authority must invite all tenderers admitted to the system. Wolfgang Pesendorfer, Verwaltungsgerichtshof Mag.

Hence, the BVergG does not apply to secret contracts and contracts requiring special security measures, defence procurement, contracts awarded pursuant to international rules, service contracts awarded on the basis of exclusive rights, in-house contracts and further specific exclusions acquisition or rental of land, existing buildings and land; certain broadcasting contracts; certain financial services, employment contracts, etc. Johann Hackl, Allgemeine Unfallversicherungsanstalt Dr.

The contracting authority must provide minimum requirements of such bids.

Karin Bachert, Vergabekontrollsenat Wien Mag. These principles are indeed relevant to the interpretation of the BVergG To get the free app, enter your mobile phone number. We leave feedback first Detailed product descriptions.