Procurement procedure – Tender and application to participate

Tender

Like the call for tenders on the contracting entity’s side, the tender constitutes the central document in a procurement procedure on the tenderer’s side. With their tender, the tenderers declare that they

• are aware of the terms of the call for tenders documents,
• have the necessary authorisations,
• are prepared to provide the tendered services on the stated terms and at the stated prices and
• are committed to their tender until the expiry of the award period.

The tender must fundamentally adhere to the call for tenders. A tender must contain the following information, with this list merely serving as an illustration:

• Name (company name, business name) and place of business of the tenderer. In the case of groups, a person authorised to conclude and perform the contract must be named.
• Declaration of the sub-services that the tenderer intends to pass on to subcontractors (it should be noted that a distinction must be made between subcontractors on whose capacity the tenderer relies to prove his/her suitability and other subcontractors; the Bundesvergabegesetz (BVergG) contains requirements and control options of the contracting entity in connection with subcontractors; a definition of a subcontractor is also contained in the Bundesvergabegesetz. The supply of goods that are not commercially available constitutes a subcontractor service).
• Address of the body authorised to receive the post.
• Evidence that any deposit (security) that may be required has been paid.
• Price with all required breakdowns.
• Other explanations or declarations required for the assessment of the tender or deemed necessary by the tenderer.
• List of documents included in the tender or those that are being submitted separately.
• Any alternative tenders
• Date and legally binding signature (in the case of electronically transmitted tenders a qualified electronic signature) of the tenderer. Tenders in the upper threshold range must be made electronically.

Submission of tenders

The form of submission of a tender in the procurement procedure depends on the procurement procedure used and the contracting authority.

Contracting authorities

Open procedure:

• Submission of tenders by undertakings within the tender period

Restricted procedure without notice and negotiated procedure without notice:

• Contracting entities obtain tenders from the undertakings considered

Restricted procedure with notice and negotiated procedure with notice:

• Simultaneous written request by the contracting entity to the selected applicants to submit a tender

Competitive dialogue:

• Request by the contracting entity to the remaining participants to submit a tender on the basis of the solution presented and set out in more detail in the dialogue phase

Dynamic procurement system:

• Separate request to submit a tender for the awarding of each individual contract

Sectoral contracting entities

Open procedure

• Submission of tenders by undertakings within the tender period

Restricted procedure without call for competition and negotiated procedure without call for competition:

• Contracting entities obtain tenders from the undertakings considered

Restricted procedure after call for competition and negotiated procedure after call for competition:

• Simultaneous written request by the sectoral contracting entity to the selected applicants to submit a tender

Competitions:

• Opportunity to participate in the competition for applicants who have submitted applications to participate in good time on the basis of the notice and who are to be regarded as authorised, capable and reliable

Dynamic procurement system:

• Separate request to submit a tender for the awarding of each individual contract

Further information on tender defects can also be found on USP.gv.at.

Tender period

The tender period is the period within which a tenderer’s tender must be received.

The period begins

• in the open procedure with the sending of the notice to the Publications Office (upper threshold range) or when the notice is available for the first time (lower threshold range),
• in other procedures with the sending of the invitation to submit tenders.

Certain minimum statutory deadlines must be observed (deviations are possible in exceptional cases!), which depend on

• the type of procedure,
• the estimated contract value,
• whether prior information was published beforehand,
• the use of electronic media (non-use can extend the minimum deadline by five days) or
• urgency.

Application to participate

The form of an application to participate in the procurement procedure depends on the procurement procedure used and the contracting authority.

Contracting authorities

Restricted procedure with notice and negotiated procedure with notice:

• Applications to participate can be made by letter or electronically. Expressions of interest in participation can also be communicated by telephone or fax.
• If the undertaking needs subcontractors to prove its own capacity or authorisation, the undertaking must announce the subcontractors in question with the application to participate.

Competitive dialogue:

• Applications to participate can be made by letter or electronically. Expressions of interest in participation can also be communicated by telephone or fax.

Sectoral contracting entities

Restricted competition

• After an unlimited number of undertakings and individuals have been publicly requested to submit applications to participate, competition participants selected by the awarding authority are asked to submit competition work

Restricted procedure after call for competition and negotiated procedure after call for competition:

• Applications to participate can be made by letter or electronically. Expressions of interest in participation can also be communicated by telephone or fax.
  

Dynamic procurement system:

• During the entire term, each undertaking can electronically submit a non-binding declaration of service provision and apply for admission as a participant in the dynamic procurement system.

Further links

• ID Austria

• Digital Austria Platform (→ BMF)^{German text}

Legal basis

Bundesvergabegesetz 2018 (BVergG 2018)