The „classical“ contracting authorities subject to the specific procedures for the award of public contracts are the Austrian federal state, the regions and the local authorities. Further, legal entities governed by public law as well as entities established for the purpose of meeting needs in the general interest.
These public contracting parties have to comply with the Austrian legislation on the award of public contracts in Austria. On the federal level, this legislation is codified in the Federal Public Procurement Code (“Bundesvergabegesetz”, short: “BVergG”).
Further, privately held companies operating in certain industries, that is in the water, energy, transport or postal services sector, are also obliged to apply the relevant legislation on the award of public contracts, even though they do not fall under the definition of “classical” contracting authorities. They have to comply with a simplified, less rigid regime in the award of contracts. On the federal level, this regime is also laid down in the Federal Public Procurement Code (“Bundesvergabegesetz”, short: “BVergG”).
Specific procurement rules for the defence and security sectors are codified in a separate act, the Federal Public Procurement Code for Defence and Security (“Bundesvergabegesetz Verteidigung und Sicherheit (VergGVS)”).
Public contracting authorities and private companies operating in the water, energy, transport or postal services sector are interested in maximum flexibility in their award decisions. Some of them interpret the rigid legislation on the award of public contracts as burdensome.
Prior to participation/bidding in tenders, bidders should get a clear picture if any and which procedural rules for public contracting parties or contracting parties in the water, energy, transport or postal services sector or in the defence and security sectors apply. Infringements of these rules may result in the annulment of the unlawful decisions by the contracting authority/entity (e.g. an unfair tender, unfair or discriminatory specifications or further dispositions by the contracting authority in the tender proceedings, an unfair/discriminatory award of a contract to a competitor).
We guide you and your company through all the stages of tenders and public procurement procedures, beginning at the publication of the information notice to the award decision and beyond.
Upon request, we review any decision by the contracting authority/entity with regards to their compliance with the relevant legislation on the award of public contracts.