Removal due to an agreement restricting competition in the case of multiple participation

If the BVwG is named as the competent court for review applications in the tender documents in the case of a joint award by the federal government and the states, it must be assumed that the federal government’s share of the estimated contract value in accordance with Art. 14b Para. 2 Z 1 lit. f B-VG is at least equal is as large as the sum of the countries’ shares.

When assessing the question of whether bidders have made agreements with other entrepreneurs that are detrimental to a client, contrary to common decency or the principle of competition within the meaning of Section 129 Paragraph 1 Item 8 BVergG, in the event of multiple participation of two bidders in the award procedure In particular, the content and preparation of the offers, the joint submission of the offer by one bidder, the strikingly similar pricing of the two offers, the close cooperation between the bidders in the past and the fact that the same person is appointed as project manager in both offers are decisive .

If bidders win a bid through multiple participation in several lots, even though, according to the tender conditions, a different bidder should be awarded the contract for each lot, this is an indication of a distortion of competition.

The bidders must be given the opportunity to demonstrate that the other company in question actually had no knowledge of the content of the other offer and could actually not influence the pricing.

For a decision to leave to be legal, the realization of a single reason for leaving is sufficient.