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Procurement Law

Vision and expertise in public procurement.

Our approach

Public procurement law is more than just the 2018 Federal Public Procurement Act (Bundesvergabegesetz, BVergG). In addition to our profound expertise in public procurement law, we also have in-depth knowledge of civil and contract law, compliance, funding and state aid law, as well as other areas of law that are essential for public procurement. We know both the client’s and the bidder’s perspective from many years of experience. That is why we also understand the business and technical requirements of the players in the procurement process.

Team The reinforcement you have been looking for.

  • JUVE-Ranking 2022

    FSM remains one of the top law firms in public procurement law in 2022
  • trend. Ranking 2022

    FSM is once again among the top law firms in public procurement law
  • Legal 500 EMEA Ranking 2022

    Legal500 - TOP ranking for our procurement law team
  • JUVE Top Employers 2021

    FSM in JUVE top 20 employers ranking
  • trend. Ranking 2021

    Once again among the top 10 lawyers in public procurement law
  • Legal 500 EMEA Ranking 2021

    The FSM procurement law team is pleased to be ranked tier 2 in the Legal 500 EMEA ranking 2021
  • JUVE-Ranking 2020

    JUVE award for FSM Attorneys at Law
  • trend. Ranking 2020

    Among austria's top 10 lawyers in public procurement law
  • Legal 500 EMEA Ranking 2020

    Legal 500 award for FSM Attorneys at Law

Focus

  1. Designing procurement projects

    We offer comprehensive advice to public and private sector contract awarders for structuring the entire procurement process strategically. We have all the leeway of the BVergG 2018 in front of us, 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.

  2. 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 such as dynamic procurement systems, innovation partnerships and concession awards. Depending on the client’s needs, we can also provide support for quick checks of documents that have already been prepared, or prepare a jury for hearings with bidders and the subsequent evaluation process.

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    Wir wickeln Vergabeverfahren für öffentliche Auftraggeber:innen und Sektorenauftraggeber:innen von der Erstellung der Ausschreibungsunterlagen bis zur Zuschlagserteilung ab. Dies umfasst insb auch die gesamte elektronische Abwicklung und Kommunikation, die (Prüf-)Dokumentation und Bieterverhandlungen. Wir wickeln regelmäßig neue und komplexe Verfahrensarten wie dynamische Beschaffungssysteme, Innovationspartnerschaften sowie Konzessionsvergaben ab. Auf Wunsch machen wir auch Quick-Checks bereits erstellter Unterlagen durch oder bereiten eine Jury auf Bieterhearings und die Bewertung vor.

  3. 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.

  4. 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.

  5. Legal tech and innovation

    When solving problems we always think outside the box. Thanks to our own affinity for technology, we regularly develop new legal tech tools with which workflows are legally optimised and automated. This manifests our dynamic and innovative advisory approach.

  6. 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.

Publications

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Procurement Update

No area of law is as dynamic and complex as public procurement law. FSM summarises the latest developments in public procurement law in a clear and concise editorial once a month.

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