Construction tenders in Austria

from Wikipedia, the free encyclopedia

An invitation to tender is a written compilation of services that describes certain services for precisely defined terms. Potential companies are invited to submit their offers through an invitation to tender . From a legal point of view, the invitation to tender is an invitation to submit an offer and is part of the technical handling of building tendering processes. A basic distinction must be made between:

  • private sector tenders,
  • public tenders.

Private tenders

Private tenders are not subject to the Federal Public Procurement Act (BVerG) and their form is not regulated. In principle, tenders from the private sector are based on the statutory regulations on public tenders. In practice, the private tenderer invites companies (bidders) to submit bids. If it is a matter of free allocation in the private sector, a bidder selected according to any criteria can be assigned the contract.

Public tenders

When a contracting authority issues a tender, it must adhere to the provisions of the Federal Procurement Act (BVerG). Public clients are legally obliged to carry out a public tender process in order to find the most economically advantageous and most reliable offer.

Public contracting authority

  • Federation
  • countries
  • Communities
  • Community associations
  • certain facilities
    • which were founded for the special purpose of performing tasks in the general interest that are not of a commercial nature, and
    • are at least partially legally competent and
    • have a particularly close relationship with the public sector because they are controlled or predominantly financed by them

The state procurement law protection laws apply as the legal basis for the procurement control procedures of all public clients in the area of ​​the states. Each federal state has its own independent control authority, which is not subject to instructions and is entitled to declare illegal decisions by a contracting authority to be void, to take provisional measures by means of an injunction or to determine a violation of the law.

Standardized service descriptions

In accordance with Sections 105 (3) and 110 (2) of the Federal Procurement Act 2018, the contracting authorities are required to use appropriate guidelines, such as ÖNORMEN or standardized service descriptions, when preparing tenders. The standardized service description building construction (LB-HB) and building services (LB-HT) are coordinated by the Federal Ministry of Science, Research and Economy (BMWFW) as the publisher and kept up to date with the latest technology as part of the update service. The standardized service description for traffic and infrastructure is published by the Research Association for Road - Rail - Transport (FSV).

Standardized service descriptions should help the planner to formulate a clear, well-structured tender. A standardized service description is a collection of texts describing standardized services, specifically for legal and technical provisions (contractual provisions) and for items in a future service specification. The collection comprises the services for a specific subject in its entirety or in relation to sub-areas. Standardized performance descriptions are especially, but not exclusively, developed for the tendering of construction works.

Current editions of the standardized service descriptions in Austria:

  • LB HB-020 Standardized Description of Services Building Construction - Builders and Professionals (May 2015 edition)
  • LB HT-011 Standardized service description for building services (April 2016 edition)
  • LB FSV-VI-004 Standardized description of services for transport and infrastructure (May 2015 edition)

ÖNORM A 2063

Regulates the exchange of service description, element catalog, tender, offer, order and billing data in electronic form. The current edition is ÖNORM A 2063: 2015 07 15.

As of June 1, 2009, the new ÖNORM A 2063 replaces the editions ÖNORM B 2062: 1996, ÖNORM B 2063: 1996 and ÖNORM B 2114: 1996, which have been technically revised and combined into one ÖNORM.

This ÖNORM takes into account the requirements that have occurred in the meantime, e.g. B. E-Procurement, whereby a uniform structure of the databases for service descriptions, service specifications and billing data was sought.

The ÖNORM A 2063, which now belongs to the code letter group A, now also has to cover the requirements for deliveries or services and is therefore not only applied in the construction industry.

It regulates the exchange of structured data in XML format and is intended to be the basis for programs for clients and contractors. Software houses can implement additional functionalities on this basis, which correspond to the respective requirements.

The most important changes compared to the previous standards are only a structure of the performance descriptions and a change indicator in order to make changes from one version of a performance description to the other more transparent. The texts can be output formatted and supplemented with graphics. A separate database can be exchanged for prices for a service description.

With the edition of May 1, 2011, ÖNORM A 2063 was expanded to include element catalogs. An element catalog combines items from one or more service descriptions. The aim of the element catalogs is to support cost management with the element method (structural division) and to enable the exchange of element data between the individual programs (CAD, AVA and component calculator). A project-related element catalog can then be created from a generally formulated element catalog and, finally, service specifications can be created from this according to this ÖNORM.

With the edition of July 15, 2015, gaps can be given a name and thus categorized. A wide variety of evaluations are possible with characteristic values ​​that are defined for items in connection with written out or billed quantities. Examples of characteristic values ​​are a rubble mass calculation or ecological and physical characteristic values. A new database has been defined for the exchange of index values ​​for the conversion of variable prices.

ÖNORM B 2062, B ​​2063

ÖNORM B 2062 and ÖNORM B 2063 will be replaced by the new ÖNORM A 2063 on June 1, 2009. The form and structure of such standardized service descriptions are regulated in ÖNORM A 2063. The form in which a specification of services is created can be found in ÖNORM A 2063. Above all, this standard also regulates the formats for electronic data exchange between the client and the planner, the planner and the bidder or between the bidder and the issuing body.

As of June 1, 2009, the new ÖNORM A 2063 replaces the editions ÖNORM B 2062: 1996, ÖNORM B 2063: 1996 and ÖNORM B 2114: 1996, which have been technically revised and combined into one ÖNORM.

Software for creating tenders

Professional AVA (tendering, awarding, accounting) programs ( tendering programs ) support the electronic creation and processing of tenders in compliance with ÖNORM A 2063 (formerly ÖNORM B 2062 and B 2063). Such AVA programs are mostly modular and offer, in addition to the module for tendering and price comparison, modules for cost management, cost calculation, room book, building model, protocols, construction controlling, health and safety planning and offer calculation.

To make it easier for bidders to fill in / price out tenders in electronic form, some software manufacturers provide so-called price programs free of charge.

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