Public Procurement Law

Many companies fail to meet the formal requirements of procurement procedures. We support you at an early stage and advise you on key prerequisites, including:

• Commercial authorizations: Which permits are required in Austria?
• Professional reliability: Which documentation must be provided?
• Antitrust considerations: When is a bidding consortium advisable and legally permissible?

If required, we also assist with obtaining business licenses and structuring bidding consortia in compliance with applicable regulations.

Assessment of award decisions

Were you not awarded a contract and suspect that the decision was unlawful or discriminatory? We assess whether the award decision complies with procurement law and identify potential violations. Based on this analysis, we advise you on the available legal remedies and the appropriate next steps.

• Insufficient or flawed justification of procurement decisions (e.g. exclusion, award, or revocation decisions)
• Unclear or discriminatory tender criteria
• Violations of transparency and equal treatment principles
• Errors in bid evaluation or impermissible modifications to submitted bids

We would be pleased to assess whether the procurement procedure was conducted unlawfully and advise you on the available legal remedies.

Public contracting authorities are subject to strict legal requirements. Companies that consider a tender or award decision to be unlawful may challenge it before the competent administrative court.

We support you with:

• Strategic advice on the most effective course of action
• Timely filing of review applications, declaratory actions, and applications for interim measures
• Legal representation in review proceedings
• Negotiations with contracting authorities to explore out-of-court solutions

If a procurement decision is not challenged within the applicable time limits, it becomes final—even if it is unlawful. In many cases, only a few days are available to initiate proceedings. If you have any doubts about a procurement decision, we recommend contacting us without delay.