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.

Author: Kirg Tebei
Country: Malta
Language: English (Spanish)
Genre: Personal Growth
Published (Last): 13 June 2010
Pages: 254
PDF File Size: 11.43 Mb
ePub File Size: 7.75 Mb
ISBN: 466-9-23473-508-4
Downloads: 38141
Price: Free* [*Free Regsitration Required]
Uploader: Vudolar

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 or 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 specification, 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.

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. Decisions that are not contested within the above time limits become final e. Amazon Second Chance Pass it on, trade it in, give it a second life.

The decision was an important ruling because the qualification of such real estate management companies as public bodies was disputed, in particular whether or not they have commercial character and act on the market. Yes, most of the decisions of a contracting authority in particular, but not limited to the tender documents; the exclusion of a candidate or tenderer; the decision to award a contract; the revocation of the tender, etc.

The BVergG does not apply to public works, supply and service contracts subject to Art of the Treaty awarded by contracting authorities in the field of defence. The Bundesvergabeamt initiated investigations under administrative assistance of the Federal Criminal Investigation Department Bundeskriminalamt.

No Kindle device required. These weightings can be expressed by providing a range with an appropriate maximum spread. For joint procurements framework agreements, dynamic purchasing bunxesvergabegesetz and central purchasing bodies are available. The dynamic purchasing system is established after open procedures without award for a limited duration of four years.

Johann Hackl, Allgemeine Unfallversicherungsanstalt Dr. Be the first to review this item Would you like to tell us about a lower price? The application of the exemptions must be determined by the contracting authorities and is subject to bujdesvergabegesetz of the public procurement review authorities who can annul contracts directly awarded in breach of the BVergG The BVerG exempts in-house arrangements as defined in the permanent jurisdiction of the ECJ from its scope of application.


A dominant influence is presumed when these authorities, directly or indirectly, in relation bundesvergabegestez an undertaking: We find rare books for you These take a little longer to source. 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.

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. In the end, four applications were dismissed and one withdrawn. Viktoria Mugli-Maschek, Bundesvergabeamt Dr.

In Septembera bidder appealed against the preferred bidder decision alleging secret agreements for fraudulent causes between the contracting authority and the selected preferred bidder.

Second, it contains regulations coordinating the public procurement procedures of entities operating in the water, energy, transport and postal services sector the “sector regime”. We leave feedback first Detailed product descriptions.

BVergG Bundesvergabegesetz idF der BVergG-Novelle | eBay

The nine different public procurement tribunals of the Austrian Provinces, which review decisions of the contracting authorities for all other public contracts, are: These principles imply an obligation of transparency which consists of ensuring, for the benefit of any potential tenderer, a degree of advertising sufficient to enable the market to be open to competition and the impartiality of the procedures to be reviewed.

Get to Know Us. For details, please see orginal article. This was the first case in Austria where the Bundesvergabeamt had to cooperate with criminal investigation authorities. With millions of satisfied customers who enjoy low prices on a huge range of books, we offer a reliable and trusted service and consistently receive excellent feedback. The Bundesvergabeamt Federal Public Procurement Authority for all public contracts bunxesvergabegesetz by the State and public bodies or undertakings on central governmental level.

Other parties to the review proceedings, apart from the candidate or tenderer initiating the review proceedings, are all candidates and tenderers who can be negatively affected bundevsergabegesetz the judgment filed by the applicant e.

EUR-Lex Access to European Union law

I’d like to read this book on Kindle Don’t have a Kindle? 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.


These provincial laws do not materially differ from the review proceedings provided for by the BVergG Marginal bids amending the tender are admissible even if the tender documents do not authorise them. If such clauses have been part of the original tender, they are in line with the BVergG Interim relief must be granted within one week; regarding an application of a candidate or tenderer, the public procurement authorities must decide to annul a decision of the contracting authority within six weeks up to two months.

To view the original publication please click here.

EUR-Lex – 7*AUT_ – EN – EUR-Lex

Third, the BVergG comprises procedural provisions relating to the review of the award of public contracts. In the classic regime, contracting authorities are free to choose open or restricted procedures with the publication of a contract notice. Michael Etlinger, Bundesvergabeamt Dr. We leave feedback first. The second can be described as bids that are not real alternatives to the tendered contract, but rather only amend the tender documents in an immaterial manner. The criteria for the award given to the most economically advantageous bid must be weighted in the tender documents.

New Book on Austrian Public Procurement Law “Bundesvergabegesetz-Novelle 2009”

Such judgment is a requirement to claim damages from the contracting authority before the civil courts. Please check the expected dispatch details above.

If not, what are the underlying principles governing these issues? Thomas Gruber, Bundesvergabeamt Mag. The contract was subject to the sector regime of the BVergG The contracting authority must provide minimum requirements of such bids.

Jens Budischowsky, Rechnungshof Dr. In most cases, such judgments are indeed effective. The BVergG provides for non-discrimination and equal treatment of all candidates and tenderers. Contracting authorities must indicate in the tender documents whether or not they authorise alternative bids; alternative bids cannot be authorised in absence of such indication.