Framework agreements

Framework agreements shall be divided into two phases, the first phase being for the conclusion of the framework agreement and the second for the procurement of 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. For the selection of the parties to a framework agreement, the award criteria pursuant to Article 44 of the Public Procurement Act shall apply mutatis mutandis.

The award of individual contracts based on a framework agreement shall be applied only between those contracting entities that have been clearly designated in the invitation to tender and those entities that were party to the framework agreement at the time of its conclusion. In doing so, 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 entity, 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 in writing with the undertaking party to the framework agreement, requesting it to complete its offer if necessary (Article 22a, paragraph 3 ÖAWV).

If a framework agreement is concluded with a single entity, the contracts based on this framework agreement shall be awarded in accordance with the terms of the framework agreement

The award of individual contracts based on a framework agreement concluded with several undertakings shall be made either: 

a) in accordance with the terms of the framework agreement without a request for tenders, if the framework agreement specifies all the conditions for the provision of the works, supplies or services, as well as the objective conditions for the selection of the undertakings that will perform them as a party to the framework agreement; the objective conditions must be specified in the tender documents for the framework agreement.