The early dismissal of the VwGH: For in-depth examination of offers by the client and the procurement control authority

1. The assessment of pricing in terms of its economic explainability and comprehensibility must generally be examined from an expert perspective.
2. According to Section 125 BVergG 2006, it is the client’s responsibility to assess the appropriateness of the prices (if necessary as part of an in-depth examination of the offer). The procurement control authority not only has to check whether the business clarification and traceability has been checked by knowledgeable people on the basis of sufficiently detailed documents. Rather, the procurement control authority – just like the client in the in-depth examination of the offer – must examine the pricing structure for its economic explainability and comprehensibility, taking into account the documents also available to the client, with the details mentioned in Section 125 Paragraph 4 Items 1 to 3 BVergG 2006 criteria are relevant. Since this is a plausibility check, it is undoubtedly not necessary to follow the bidder’s entire calculation in detail, but only – roughly – to check whether a reputable entrepreneur can provide the services offered at the prices offered.
3. The fact that the client carried out “his” in-depth bid review in the procurement process on the basis of an official note from an expert does not release the procurement control authority from also subjecting specific objections in the review process to the business explainability and comprehensibility to an assessment from an expert perspective.
4. An interim injunction will not be revived even if the decision rejecting the application for review ceases to exist.