Austria: Government Contracts Analysis 2015

Public procurement in Austria is governed by the Federal Procurement Act and the Federal Defence and Security Procurement Act. Both cover the main rules on public procurement procedures for public bodies and entities in the water, energy, transport and postal sectors. In early 2015, significant changes to the procurement regime were proposed, including amendments to rules on mandatory award criteria, stricter rules on the involvement of subcontractors and changes to tender analysis. Against this backdrop and in a growing domestic procurement market, lawyers are likely to field an increasing number of enquiries from public sector clients regarding clarification of the procurement procedure. Our research identifies 15 leading individuals in the field.

CMS Reich-Rohrwig Hainz Rechtsanwälte’s status as a leading firm for public procurement is reflected by the inclusion of two lawyers in this year’s research. Bernt Elsner heads the public procurement, EU competition and commercial law department and leads the CMS-wide procurement group. Recognised as a “leading authority” in the domestic market, he regularly advises on the full range of public procurement matters as well as public private partnerships. He is joined by the “truly outstanding” Robert Keisler, who regularly advises procuring entities and suppliers from various industries at both domestic and international level.

Heid Schiefer Rechtsanwälte also performs impressively with two listings in this section. Stephan Heid is “highly sought after” by clients for his expertise in the implementation of public-private partnerships and anti-claim management arbitration, while the “effective and diligent” Martin Schiefer focuses on IT procurement and e-procurement tenders in the health and transport sectors.

Haslinger Nagele Partner achieves two nominations in our research, including the “exceptional” Martin Oder, who has considerable experience in construction contract law, public-private partnerships and concession models. He is joined by Martin Stempkowski, who is a “renowned authority” on public procurement law with a particular focus on energy-related transactions.

At Schramm Öhler Rechtsanwälte, Matthias Öhler comes highly recommended for his “expert handling” of complex public procurement tender processes, while Johannes Schramm is praised for his “sector-leading knowledge” of procurement contracts and challenges to bid awards.

At Binder Grösswang Rechtsanwälte, Raoul Hoffer advises clients across the full range of Austrian procurement matters and is “greatly respected” for his expertise in competition law as it relates to public-private partnerships.

Walter Schwartz is a founding partner at Schwartz und Huber-Medek Rechtsanwälte who focuses on all aspects of the tender process in public-private partnerships and receives praise for his “impressive technical ability”.

At bpv Hügel Rechtsanwälte, Christian Schneider is a “bona fide expert” on Austrian public procurement law whose expertise covers the full spectrum of procurement matters including contract drafting and advice throughout all phases of the tender process.

Bernhard Müller of Dorda Brugger Jordis has “vast experience” in domestic public procurement matters and regularly advises clients on the implications the regulatory side of the procurement process.

Stephan Denk at Freshfields Bruckhaus Deringer is recognised as “one of Austria’s very finest” procurement lawyers and has particular expertise in planning and litigation arising out of procurement disputes.

At Karasek Wietrzyk Rechtsanwälte, Katharina Trettnak-Hahnl maintains a “superb reputation” for her expertise in public procurement and related state aid issues.

At Schnitzer Law, managing director Johannes Schnitzer has “sector-leading” expertise in domestic procurement law, having gained many years of experience acting for high-profile public clients in major tender processes.

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Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.

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