Abstract

The Austrian public procurement law differs from the Polish one primarily as regards the solutions that are not covered by EU directives, included in the domain of national law. However, those difference are not considerable owing to the historical relations between the two legal systems. They concern mostly procedural and documentation requirements for tenders in the name of the principles that public orders are awarded in the EU according to national procedures pertinently (fragmentarily) adjusted to European legal solutions. A characteristic feature of a tender carried out according to the Austrian law is that a contract is automatically signed with the selected bidder, directly upon adjudication, though delayed in time in connection with the obligatory suspension of the proceedings in case the award is contested. Therefore, otherwise than in the Polish law, the temporary duty to sign a contract arising from acceptance of the highest bid becomes groundless; also the problems connected with the winning bidder’s evasion to sign a contract are eliminated.

Polish entrepreneurs wishing to bid for public contracts in Austria may find relevant information on the following websites: www.ted.europa.eu -- the online version of the Supplement to the Official Journal of the European Union where public procurement notices regulated by EU laws are published. Additionally, there are also: www.bbg.gv.at; www.auftrag.at; www.vergabeportal.at; www.wienerzeitung.at.