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Procurement Law

Our Approach

Hardly any area of the law is as dynamic and multifaceted as procurement law. Our well-versed team of experts – all specialised procurement lawyers – put together legally and commercially optimised solutions for both buyers and suppliers. Because the 2018 Federal Public Procurement Act (Bundesvergabegesetz, BVergG) is part of an overall legal framework, we take a wide-reaching legal perspective when providing consultation. Our many years of first-hand experience from the procurer’s perspective enable us to guide you flexibly and individually through tendering projects – from design, to implementation and completion of the project – and to provide comprehensive support to suppliers biddings in such processes.

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Experience

Federal ministries, regional government authorities, local authorities and associations of local authorities, hospital operators, social insurance carriers, universities, rail and road operators, energy suppliers, applicants and suppliers in all branches of industry.

Designing procurement projects

We offer comprehensive advice to public and private sector contract awarders for structuring the entire procurement process strategically. When it comes to complex procurement processes in particular, all of the legal options provided by the Federal Public Procurement Act need to be borne in mind from the beginning, so that the possible alternatives can be highlighted and the right course set. We see ourselves not just as providers of legal information, but as active partners in the process: we define responsibilities and draw up schedules that will bring our clients to their desired objectives. We are able to do this effectively because from the start we take account of potential challenges within the client’s organisation as well as the risks specific to the particular supplier sector.

Implementing procurement processes

We implement procurement processes for public and industry contract awarders, from preparing tender documents to contract award. This includes complete electronic implementation and communication with interested parties, applicants and bidders; formulating contract award criteria; preparing test reports and conducting bidder negotiations. Our legal expertise also includes implementing novel or complex procedures based on the Federal Public Procurement Act, such as dynamic procurement systems, innovation partnerships and concession awards.
Depending on the client’s needs, we can also provide support for individual parts of the tendering process: we can draw up the tender documents or elements of them, carry out quick checks of documents that have already been prepared, or prepare a jury for hearings with bidders and the subsequent evaluation process.

Bidder advice and evaluation of bids

We advise and represent companies in every aspect of participating in a procurement process under the Federal Public Procurement Act. Our lawyers can review tender documents and provide support for preparing participation applications and bids, as well as strategic preparation for negotiations. We also offer bidder workshops – tailored to specific sectors – covering procurement law, so that you can avoid making the typical mistakes when preparing a bid. We provide procurement law advice and representation to companies from numerous different sectors.

Legal opinions

Our procurement law experts have published and lectured widely. Based on this experience, we regularly produce opinions on complex questions and problems related to the application and interpretation of the Federal Public Procurement Act and European procurement guidelines. In preparing memos on procurement law, we always focus on the practical use and clarity of our opinions.

Innovation partnerships

The innovation partnership is one of the smartest improvements introduced by the 2018 Federal Public Procurement Act. It enables public procurers to collaborate with businesses and research institutions to develop innovations and to acquire them subsequently. As the ultimate procurement discipline, innovation partnerships bring opportunities and challenges. We have managed tender processes for innovation partnerships from the very beginning. We have extensive expertise in this area and experience in conducting best-practice processes.

Representation in court proceedings

As practising lawyers we regularly represent our clients in review and assessment procedures in the administrative courts as well as the Supreme Administrative Court, the Constitutional Court of Austria and the European Court of Justice.

A big-picture view

Procurement law comprises more than the Federal Public Procurement Act, and requires detailed knowledge of other areas of law. We offer the necessary expertise in civil and contract law, grants and subsidies law, compliance, and public law. In addition, we have many years of first-hand experience from the procurer’s perspective, giving us an in-depth understanding of the processes and demands of public and private sector contract awarders. A procurement project will only be successful if the legal, economic and technical requirements are all accommodated and reconciled.

Publications

Update Vergabe

Update Vergabe

Our newest update in public procurement law

03.04.2020Covid-19-Gesetz: Nationalrat revidiert Fristenstopp im öffentlichen AuftragswesenRead now >

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