Framework agreements

The framework agreements are divided into two phases, with the first phase serving to conclude the framework agreement and the second to procure the individual service. The term of the framework agreement may not exceed four years, unless the subject matter of the contract or other special circumstances justify an exception (Article 22a, paragraph 7 ÖAWV).

It may be concluded with one or more companies. The award criteria set out in Article 44 of the Public Procurement Act shall apply mutatis mutandis to the selection of the parties to a framework agreement.

Individual contracts based on a framework agreement may only be awarded between those contracting authorities that have been clearly identified in the invitation to tender and those companies that were parties to the framework agreement at the time it was concluded. No fundamental change may be made to the terms of this framework agreement (Article 22a, paragraph 2 ÖAWV).

If a framework agreement is concluded with a single company, the contracts based on this framework agreement shall be awarded in accordance with the terms of the framework agreement. Before awarding the individual contracts, the contracting authority may consult the undertaking party to the framework agreement in writing, requesting it to complete its tender if necessary (Article 22a, paragraph 3 of the AEAWV).

Individual contracts based on a framework agreement concluded with several undertakings shall be awarded either

(a) in accordance with the terms of the framework agreement without an invitation to tender, if the framework agreement sets out all the conditions for the provision of the works, supplies or services and the objective conditions for the selection of the undertakings that will perform them as parties to the framework agreement; the objective conditions must be specified in the tender documents for the framework agreement.

b) in accordance with the terms of the framework agreement for the provision or supply of the works, supplies or services in question, partly without an invitation to tender pursuant to point (a) and partly with an invitation to tender pursuant to point (c), if this possibility is specified in the tender documents. The decision as to whether the contract is to be awarded following an invitation to tender or directly in accordance with the terms of the framework agreement shall be made on the basis of objective criteria. These objective criteria and the conditions for the invitation to tender are set out in the tender documents. These provisions shall also apply to the award of a lot on the basis of a framework agreement for which all conditions are laid down.

c) if not all the terms of the framework agreement are laid down, after inviting the undertakings that are parties to the framework agreement to submit tenders.

The contracting authorities shall award the individual contracts to the company that has submitted the most economically advantageous tender on the basis of the award criteria set out in the tender documents of the framework agreement (Article 22a, paragraphs 5 and 6 of the ÖAWV).