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Herzogenburg is a municipality in Lower Austria, and its public procurement activities are governed by Austrian and EU rules. Public contracts for goods, services and construction are awarded through a formal process designed to ensure fairness, transparency and competition. The core framework combines national laws such as the Bundesvergabegesetz with EU directives implemented into Austrian law.
In practice, government contracts in Herzogenburg follow a cycle: publish a tender, receive bids, evaluate them against published criteria, select a winner, and sign a contract. If you are a bidder or a vendor, understanding these steps helps you protect your rights and avoid costly pitfalls. When disputes arise, specialized legal counsel can help you navigate the review and appeal options available under Austrian law.
Public procurement in Austria is governed by the Bundesvergabegesetz (BVergG) and corresponding EU directives, with enforcement by Vergabekammern and Verwaltungsgerichte.
Bundesvergabegesetz (BVergG) - The federal law that governs how public bodies in Austria, including municipalities like Herzogenburg, carry out procurement for works, supplies and services. It sets thresholds, tender procedures, evaluation criteria and remedies for dissatisfied bidders. These rules are enforced by specialized procurement authorities and administrative courts.
European Public Procurement Directives (Directive 2014/24/EU and 2014/25/EU) - The EU framework that shapes procurement across member states, including Austria. Austria implements these directives via BVergG and related regulations, with cross-border bidding rules and standardized complaint mechanisms for bidders from any EU country.
Allgemeines Verwaltungsverfahrensgesetz (AVG) - The general administrative procedure law in Austria. It governs how authorities make decisions and how parties contest them, including procurement decisions at the municipal level in Herzogenburg. The AVG provides the procedural backbone for many bid protests and appeals.
Directive 2014/24/EU and 2014/25/EU establish procurement rules at EU level; Austria implements them through BVergG and related regulations.
The Allgemeines Verwaltungsverfahrensgesetz (AVG) governs administrative decisions including procurement appeals in Austria.
The BVergG is Austria's primary public procurement law. It governs how towns like Herzogenburg issue tenders, evaluate bids and award contracts, ensuring fairness and transparency. Understanding BVergG helps bidders know when to submit bids and how to challenge decisions.
Tenders above EU thresholds and certain cross-border procurements must follow EU directives, regardless of bidder country. In such cases, the process must be open, non-discriminatory and transparent.
Bid protests should be filed promptly after you learn the outcome or debriefing. Timelines are tight and vary by case, typically within days to a couple of weeks after notification. Consulting a lawyer early helps safeguard your rights.
You can challenge the award decision, debriefing disclosures, compliance with criteria, and any procedural irregularities. The aim is to obtain a review or re-tender if warranted.
No, foreign bidders may participate in many procurements, provided they meet the same criteria as local competitors and comply with registration and documentation requirements.
Costs vary by case complexity, but legal representation and administrative reviews can range from a few hundred to several thousand euros. Early legal counsel can help control expenses.
Yes, BVergG requires public notices, clear criteria, and documented evaluation. Transparency aims to reduce favoritism and provide equal opportunity for bidders.
The Vergabekammer reviews procurement decisions for legality and fairness. It can suspend procedures, request documents and issue decisions that may lead to re-tenders or corrections.
BVergG covers contracts for works, services and supplies. The specific category depends on the procurement notice and the applicable thresholds.
Disputes can take several weeks to months, depending on complexity and appeal pathways. Complex cases may require court proceedings after the Vergabekammer stage.
Yes, but only within the limits allowed by BVergG and the contract terms. Significant changes typically require re-tendering or formal amendment procedures.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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