Vergaberechtsgesetz 2026 – wichtige Neuerungen bereits in Kraft

The Public Procurement Act 2026, published on 27 February 2026 in Federal Law Gazette I No. 8/2026, introduces significant changes which came into force on 1 March 2026.

In addition to amendments to the Federal Public Procurement Act 2018, the Public Procurement Act 2026 also introduced changes to the Federal Public Procurement Act on Concessions 2018, the Federal Public Procurement Act on Defence and Security 2012, the Federal Act on the Establishment of the Company ‘Familie & Beruf Management GmbH’ and the Road Vehicle Procurement Act.

Key amendments to the Federal Public Procurement Act 2018 concern the following areas:

The best bidder principle was further strengthened by the amendment, which stipulates that the contract must, in principle, be awarded to the tender that is technically and economically the most advantageous from the perspective of the contracting authority. This is to be determined on the basis of the best value for money, either using a cost model or on the basis of published award criteria. An award to the tender with the lowest price is only permissible provided that the services are clearly and fully described.

In this context, the tender documents must also specify whether the contract is to be awarded to the technically and economically most advantageous tender or to the tender with the lowest price (see Section 91(4) BVerG 2018).

The increase in the thresholds – in particular for direct award and direct award with prior publication – enables contracting authorities to conduct informal procedures to a greater extent than before:

A direct award is therefore permissible if, in the case of works contracts, the estimated contract value does not reach €200,000.00 and, in the case of supply and service contracts, €143,000.00 (Section 46(2) BVerG 2018). Furthermore, under Section 47(2) of the Public Procurement Act 2018, direct award with prior publication is permitted if, in the case of works contracts, the estimated contract value does not reach €2,000,000.00 and, in the case of supply and service contracts, €143,000.00.

Furthermore, contracts below the threshold value may be awarded through a negotiated procedure without prior publication if, due to a particularly favourable opportunity arising for a very short period, goods or services can be procured from a contractor at a price significantly below market rates. (cf. Section 44(2) of the Federal Public Procurement Act 2018)

Furthermore, under the Public Procurement Act 2026, the criminal offences in the federal public procurement laws regarding grounds for exclusion have been harmonised, and the provisions on self-cleaning have been clarified in several places: Consequently, contractors must have cooperated fully with the investigating authorities and contracting authorities to clarify all facts and circumstances relating to the criminal offence or misconduct and the damage caused thereby.

The provision of Section 83(4) of the Federal Public Procurement Act (BVerG) has also been tightened to the effect that a contractor who has been excluded from participation in procurement procedures by a final decision of a court or an administrative authority in Austria, in another EU Member State or in another contracting party to the EEA Agreement, cannot demonstrate their reliability during the exclusion period specified in that decision.

These amendments – which already apply to procurement procedures initiated on or after 1 March 2026 – require both contracting authorities and contractors to adapt swiftly to the new legal situation.

Federal Law Gazette I No. 8/2026 is available at:

https://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2026_I_8/BGBLA_2026_I_8.html (as at 10 March 2026)

Mag. Theresa Stachowitz