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ARTICLE · 14 MAY 2012

New Fees Regime For Public Procurement Review Proceedings

Schoenherr (Schönherr Rechtsanwälte)
Schoenherr (Schönherr Rechtsanwälte)
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Schoenherr (Schönherr Rechtsanwälte)

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The Fees Regulation for proceedings before the Federal Public Procurement Office (Bundesvergabeamt ‒ BVA), in force since 13 April 2012, entailed a simplification of the fees regime.

AustriaGovernment, Public Sector
Philipp Marboe
Philipp Marboe
Peter Franzmayr
Peter Franzmayr
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The Fees Regulation for proceedings before the Federal Public Procurement Office (Bundesvergabeamt ‒ BVA), in force since 13 April 2012, entailed a simplification of the fees regime. However, the Fees Regulation has introduced a new category of increased fee rates and raised the existing rates. At least, the reduced fee rates for certain applications have been maintained. The Fees Regulation also applies to proceedings under the new Federal Law on the Award of Contracts in the Fields of Defence and Security (BVergGVS).

Simplification of the fees regime

The Fees Regulation for proceedings before the BVA 2012 (Fees Regulation) reduced the previously applicable number of fee rates from twelve to seven. In order to achieve this reduction, a uniform fee rate was introduced for direct awards, while the former special rates for the so-called "direct award decisions" were abolished. The number of fee rates was further diminished by the unification of hitherto different fee

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