Procurement procedure

Searching and finding calls for tenders

With the 'call for tenders search' service on USP, it is possible to search for and view all calls for tenders published in accordance with the Austrian Bundesvergabegesetz 2018 (Federal Procurement Act) in one place without additional registration. The service also offers many features such as a full-text search and various filtering and sorting options.

Creating metadata

Metadata are data to be provided on data.gv.at which contain a reference to the core data. With the metadata creation service, the USP enables the contracting entity or its technical service provider to publish metadata on data.gv.at.

In order to create metadata, you must first be logged into the USP and have the corresponding 'e-procurement metadata creator' procedural right assigned to your undertaking by the USP administrator. Data.gv.at informs you on the format specifications for core data and core data sources (→ data.gv.at).^{German text}

Types of contracts

Contracting authorities and sectoral contracting entities must put the following contracts out to public tender:

• construction contracts, supply contracts, service contracts
• construction and service concession contracts

If a contract contains various components of the aforementioned types of contract, the Bundesvergabegesetz also regulates how these contracts are to be assessed.

Contracting authorities

Contracting authoritiess are the

• federal government,
• federal provinces,
• municipalities and
• associations of municipalities.

Public organisations are also contractin authorities: these are companies or corporations with at least partial legal capacity that perform tasks that are in the public interest and do not offer them commercially. They are financed or controlled by the state or other public institutions (e.g. social insurance organisations).

Sectoral contracting entities

Contracting entities in the sectoral area carry out certain activities such as, for example, water and energy supply and transportation. With the exception of its second part, the Bundesvergabegesetz applies to the procurement procedure of sectoral contracting entities. Also private companies can be sectoral contracting entities.

Principles of the procurement procedure

The principles of public procurement law must be observed in every procurement procedure. These include the prohibition of discrimination in accordance with the principles of free and fair competition and the equal treatment of all candidates and bidders.

In addition, contracts may only be awarded to suitable companies at reasonable prices. "Suitable" means that the company has the professional authorisation and reliability to carry out the contract and that it is also (financially, economically and technically) capable. The company must be able to substantiate all three elements in order to be awarded a contract. It can also substantiate its suitability by means of a European Single Procurement Document .

Procedure and legal protection for bidders

The exact course of an procurement procedure depends on the respective type of procedure Depending on the type of contract (construction, supply of goods, service or concession) and the amount of the estimated contract value, they have more or less leeway in organising the procedure. The time limits within which a bid can be submitted or within which a contract must be awarded also depend on the type of procedure.

Essentially, the following procedure applies:

• A public tender is published in databases or publication media
• Bidders can ask questions and object to the invitation to tender
• Companies submit a bid on time
• The contracting authority examines and evaluates the bid in the award procedure
• Bids will be eliminated or bidders excluded
• A company is awarded the contract or the client cancels the tender

If a bidder does not agree with a call for tenders, an award decision or any other separately contestable decision of the contracting entity, she/he has the option of asserting this in a procurement control procedure.

The threshold values of the European Union (EU)

Every two years, the European Commission sets values that are used to categorise procurement procedures in the upper and lower threshold range. The specific threshold value to be observed depends on the contracting authority/entity and the type of contract.

If the estimated contract value (excluding VAT) reaches the threshold value, the contract is awarded in the upper threshold range. The upper threshold range essentially reflects the provisions of the EU's public procurement directives. Contracts in the upper threshold range must be tendered EU-wide and processed fully electronically as e-tenders.

Procurement procedures in the lower threshold range, on the other hand, can be organised more flexibly and a national tender is sufficient. For example, in the sub-threshold area, the contracting authority has more freedom in choosing the type of procedure.

The threshold values were last adjusted in December 2023 and published by the Federal Ministry of Justice (BMJ) in the Federal Law Gazette (→ RIS). For example, public construction contracts with a contract value of at least EUR 5,538,000 are subject to the regulations of the upper threshold range.

National thresholds in the sub-threshold area

In the sub-threshold area, the EU member states can set further thresholds. In addition to the statutory provisions, the amounts of the Schwellenwerteverordnung 2023 (Threshold Values Ordinance 2023) apply until 31 December 2025.

For example, contracts in the construction, supply and service sectors up to a value of 100,000 euro can be awarded to suitable, capable and reliable companies using the "direct award" procedure. Furthermore, for construction contracts with an estimated contract value of up to 1 million euro, the "restricted procedure without publication" can be used.