Objectives
The amendment is primarily intended to achieve the following objectives:
- Raising the thresholds in the sub-threshold area and transferring the Thresholds Regulation into permanent law
- Increasing the transparency of the procurement regulations
- Simplifying and digitising the procurement process
- Revising the legal protection and flat-rate fee system
Threshold values
The amendment provides for a significant increase in individual threshold values in the sub-threshold area. This applies to the threshold values for construction services. Specifically, the individual threshold values will change as follows:
| Procurement procedure | Scope | New (in EUR) | Currently (in EUR) |
| Direct award | Construction services | 200.000 | 143.000 |
| Supplies/services (classic contracting authority) | 143.000 | 143.000 | |
| Supplies/services (sector contracting authority) | 150.000 | 143.000 | |
| Special services (classic contracting authority) | 200.000 | 100.000 | |
| Special services (sector contracting authority) | 200.000 | 150.000 | |
Direct award with publication
| Construction services | 2.000.000 | 500.000 |
| Supplies/services (classic contracting authority) | 143.000 | 143.000 | |
| Supplies/services (sector contracting authority) | 200.000 | 143.000 | |
| Special services (classic contracting authority) | 300.000 | 150.000 | |
| Special services (sector contracting authority) | 300.000 | 200.000 | |
Restricted procedure without publication
| Construction services | 2.000.000 | 1.000.000 |
| Supplies/services (classic contracting authority) | Not applicable | 143.000 | |
| Supplies/services (sector contracting authority) | 150.000 | 143.000 | |
Negotiated procedure without prior publication
| Construction services (stock company) | When the opportunity arises | 143.000 |
| Bauleistungen (sector contracting authority) | 2.000.000 | 143.000 | |
| Supplies/services (classic contracting authority) | When the opportunity arises | No threshold | |
| Supplies/services (sector contracting authority) | 150.000 | No threshold | |
Grounds for exclusion
The grounds for exclusion under the amended public procurement laws will be standardised and expanded to include additional criminal offences. Specifically, the following offences are planned to be included: anti-competitive agreements in procurement procedures, abuse of official authority, acceptance of advantages and granting of advantages to influence, acceptance of gifts and bribery of employees or agents, breach of official secrecy, betrayal of state secrets, and incitement and approval of punishable acts. In addition, entrepreneurs will in future be excluded if there is a final decision from an EEA country excluding the entrepreneur from participation in public procurement procedures.
Self-cleaning
To self-clean, an entrepreneur must in future actively cooperate not only with the investigating authorities but also with the public contracting authority and assist in clarifying all facts and circumstances relating to the offence or misconduct. If the grounds for exclusion pursuant to Section 78(1)(4) are present but no final court or administrative decision has yet been made, it is sufficient for active cooperation to be ongoing. The explanatory notes, with reference to ECJ case C-124/17, Vossloh Laeis, rec. 28 and 33, clarify that only the measures necessary for assessing the restoration of reliability need to be set out. If an entrepreneur has been excluded from participating in procurement procedures by a final court or administrative decision in Austria, the EU or an EEA contracting party, no self-cleaning can take place during the specified exclusion period.
Framework agreement
Now, in the procedure for concluding a framework agreement – provided that no revocation has taken place – an award decision is also provided for, which constitutes a separately contestable decision. It is also clarified that the ranking of contractors is contestable and that there is no automatic purchase obligation for contracting authorities in the case of framework agreements.
Evidence
In future, it will suffice for suitability to be demonstrated by the end of the review period at the latest (evidence deadline, database access, deadline for rectifying deficiencies). The date of evidence remains unchanged for the authorisation.
Announcements
Open Government Data will remain in place, but the content of Austrian announcements will be more closely aligned with eForms in future. There will be no technical deviations or new, additional fields. Data reports in the above-threshold area will therefore be identical at EU and national level.
Announcements
As at federal level, contracting authorities in the enforcement area of the federal states will in future also be obliged to publicly announce every contract awarded if the contract value exceeds EUR 50,000. The announcement must be made within 30 days of the contract being awarded.
If a restricted or negotiated procedure is carried out in the above-threshold area, a revocation decision must in future be announced both at national and EU level after the deadline for participation requests has expired.
Flat fees
The flat fee system is being revised to create greater transparency. Considering the ECJ ruling EPIC, it has been clarified that contracting authorities must provide all information required for calculating fees in the tender documents. They are also liable for this.
