The management of public procurement procedures can be a very complex matter involving various risks for both the principal and the tenderer. Our Procurement Law Team brings to our clients many years of experience in all areas of general procurement law as well as in various business sectors.
Through close interaction among our highly specialized experts and strong internal networking among our individual practice groups, we are always able to offer our clients a complete solution.
Thanks to close cooperation with other practice groups, we have particularly broad industry knowledge in the context of procurement law. Our focus is primarily on the construction industry, the public sector, IT and energy, healthcare and culture.
Moreover, our Procurement Law Team also provides support in project coordination and strategic advice in procurement procedures. You can entrust our experienced team with the entire process your project will go through.
We support you in procurement procedures for a wide variety of construction, supply and service provision projects in the upper threshold range (EU-wide tenders) and in the lower threshold range (pursuant to the Austrian Federal Procurement Act /BVergG). In particular, this includes:
- Structuring of the procurement project: timing and organizational planning as well as preparations (interface to other consultants and experts from [construction] business management, management consultancy, construction planning offices, health experts, etc.)
- Preparation of application and tender documents (requests to participate, tendering rules, attachments, annexes)
- Publication/announcement of award procedures via the various award platforms
- Support to principals in responding to tenderers' enquiries (forwarding of tenderers' questions, suggested responses)
- Opening and examination of requests to participate and tenders
- Preparation of review lists (review of requests to participate and tenders for completeness, suitability of applicants/tenderers/subcontractors/evaluation) and review reports for the principals
- Invitations to tender, negotiations/presentations/hearings
- Conducting negotiations/presentations/hearings with tenderers and principals, drawing up of minutes
- Preparation and dispatch of award decisions, rejection decisions, elimination decisions and award notices
- Release of information about contracts awarded
We handle complete procurement procedures via various electronic tender platforms for you.
- www.lieferanzeiger.at - Publication of procurement procedures under the Public Procurement Reform Act (Vergaberechtsreformgesetz) 2018, electronic procurement
- www.ankoe.at – Find tenders and submit offers electronically
- www.vemap.com - Integrated software solutions for efficient expense management
- www.ted.europa.eu - Tender Electronic Daily as a supplement to the Official Journal of the European Union for European Public Procurement
We assist clients wishing to conduct a procurement procedure as a principal in all legal matters. This includes the following aspects:
- Examination and coordination of the application and tender documents
- Preparation of templates for the stages of the procurement procedure (e.g. invitations to tender, award and elimination decision, awarding of contracts)
- Assistance to principals in the evaluation of requests to participate, tenders
- Drafting of opinions on applications for review by candidates/tenderers against independently contestable decisions
- Representation of principals in court in case of challenges (application for review) of independently contestable decisions
We provide comprehensive support with submissions to clients who wish to participate in a procurement procedure as a tenderer. This includes the following aspects:
- Review and coordination of requests to participate and tenders
- Formulation of tenderer questions to be addressed to the principal
- Drafting of applications for review and applications for interim injunctions against independently contestable decisions
- Drafting of reasoned objections
- Representation in court
We maintain extensive documentations of individual procurement procedures and thus guarantee full transparency. Among other things, this includes memos on the following topics:
- Permissibility of the choice of procedure
- Amendment of contracts during their term
- Permissibility of awarding contracts for lots, small lot rule