Public procurement law in Austria is facing one of its most comprehensive updates in recent years. With the BVergG Amendment 2026, which is expected to enter into force in March 2026, the legal framework for public procurement will be recalibrated in several key areas.
Why This Amendment Is Being Introduced
The reform is driven by a debate that has been ongoing for years: procurement procedures are widely regarded as overly complex, slow, and often difficult to understand. Temporary threshold values, numerous special rules, and a high level of formal requirements have placed a significant burden on both contracting authorities and businesses.
The federal government is responding with a comprehensive reform package. The objective is to create procurement practices that are simpler, more digital, and more transparent—without compromising legal certainty or competition.
Higher Thresholds – Greater Flexibility
The most visible change concerns the threshold values. In the future, contracting authorities will be able to resort to direct awards far more frequently. Construction contracts may be awarded directly up to a value of EUR 200,000, while supply and service contracts may be awarded directly up to approximately EUR 140,000. In addition, for construction works, direct awards with prior publication will be possible for contract values of up to EUR 2 million.
At the same time, certain simplified procedures that were previously permitted will be abolished, such as the restricted procedure without prior publication in the services sector.
With this approach, the legislator is aiming for simpler and clearer structures. Procurement procedures can be carried out more quickly and flexibly. Municipalities and smaller contracting authorities in particular will gain additional room for manoeuvre. Shorter procedures and reduced administrative effort will allow projects to be implemented more rapidly. For businesses, faster procedures mean quicker decisions and earlier contract awards. Regional companies and SMEs in particular will benefit from the fact that small and medium-sized contracts will be awarded with fewer formal requirements in the future.
Strengthening the Most Economically Advantageous Tender Principle
The principle of awarding contracts based on the most economically advantageous tender will gain further importance. Quality, sustainability, and innovation will receive greater emphasis. What the BVergG 2018 already permitted in terms of strategic procurement is now being expressly reinforced by the upcoming amendment. For sustainability-oriented companies, this represents a clear opportunity: those that position themselves as sustainable, innovative, and environmentally responsible can gain a competitive advantage.
Stricter Exclusion Grounds
The amendment significantly expands the possible grounds for exclusion. Anti-competitive agreements, abuse of office, or bribery will more readily lead to exclusion from procurement procedures. At the same time, companies will be placed under a stronger obligation to actively engage in self-cleaning measures and to cooperate with authorities.
A positive development is the increased flexibility regarding the timing of suitability evidence. Companies will no longer be required to submit all documentation at a single, rigid point in time, but will be able to demonstrate their suitability at a later stage of the procedure.
Introduction of eForms
Another key element of the amendment is the mandatory introduction of “eForms,” i.e. standardized electronic forms for procurement procedures. These are intended to collect additional data on public procurement and ensure uniform presentation. As a result, procurement procedures should become more comparable and transparent. Information will be available in a structured format and can be evaluated more effectively.
Greater Transparency Through Integration with the Freedom of Information Act
Public procurement law will also be linked with the Freedom of Information Act (IFG). Contracting authorities will be required to publish and interlink more documents, including contracts with a value of EUR 100,000 or more.
Public procurement will thus become more visible—not only to oversight bodies, but also to the general public and the media. This enhances predictability, reduces uncertainty, and, in the medium term, creates fairer competitive conditions.
Fees
In the future, the fees for review proceedings will be determined solely by the estimated contract value. This simplifies the system and aligns it with EU law requirements regarding the effectiveness of legal protection. Previously, the fee depended on additional factors, such as whether the procurement procedure was above or below the EU thresholds or on the type of contract.
The applicable fees for review and declaratory applications will in future have to be stated already in the tender documents.
The amendment also introduces the possibility of legal aid for review proceedings. In certain procedures, the standstill period will be abolished, enabling faster contract awards. Procedures can therefore be concluded more swiftly—without dismantling legal protection as a whole.
Conclusion
The BVergG Amendment 2026 can be reduced to four central developments:
- It introduces higher threshold values and greater transparency through eForms and the linkage with the Freedom of Information Act.
- For contracting authorities, this means greater flexibility and more efficient processes.
- For contractors, it means greater clarity, fairer competitive conditions, and faster decisions.
- And for the public: better insight into the use of public funds.