This Law regulates the awarding of public contracts by federal, state, and local authorities as well as other public sector entities in Austria. It aims to ensure transparency, competition, equal treatment, and the efficient use of public funds in procurement processes. The law outlines procedures for awarding contracts above and below EU thresholds, sets criteria for selecting contractors, and establishes rules for different procurement types such as open, restricted, negotiated, and competitive dialogue procedures. It also incorporates environmental and social considerations, promoting sustainable and socially responsible procurement. Contracting authorities are encouraged to include environmental criteria in both the technical specifications and award criteria. Authorities may consider not only the purchase price but also the entire life-cycle costs, including energy consumption, maintenance, and environmental disposal costs, giving preference to eco-friendly solutions. Bidders may be required to prove compliance with specific eco-labels (such as the EU Ecolabel). Furthermore, environmental considerations can also be included in contract performance clauses. The law further provides detailed legal remedies and review mechanisms for bidders, including provisions for filing review and declaratory applications, requesting interim measures, and appealing decisions. It outlines the structure and responsibilities of review authorities and sets procedural rules, deadlines, and requirements to ensure fair treatment. Additionally, the text includes rules for electronic procurement, addresses confidentiality, and regulates contract modifications after award. The Act is periodically updated to align with EU directives and to adapt to developments in procurement practice. The text consists of 382 Articles divided into 6 Parts and has 20 Appendixes.
Autriche · 2018-12-22