Award phases

In accordance with Article 53a of the Public Procurement Act (ÖAWG ) and Article 69 of the Public Procurement Act (ÖAWSG ), the following phases are deemed to be independently contestable decisions in the area of sectors:

• the decision on the selection of persons or candidates in the restricted procedure (Art. 24 para. 4 ÖAWG or Art. 35 para. 4 ÖAWSG), in the negotiated procedure (Art. 25 para. 4 ÖAWG or Art. 36 para. 4 ÖAWSG) and in the competitive dialog (Art. 25a para. 4 ÖAWG);
• exclusion pursuant to Art. 35b and 37 ÖAWG or Art. 47 and 50 ÖAWSG;
• the award pursuant to Art. 47 ÖAWG or Art. 61 ÖAWSG;
• the termination of the award procedure;
• the decision on inclusion or deletion from the list pursuant to Art. 48 para. 3 ÖAWSG;
• the decision on the conclusion of a framework agreement (Art. 5b ÖAWG or Art. 19 ÖAWSG) and the admission to a dynamic procurement system (Art. 23a para. 2 ÖAWG or Art. 34a para. 2 ÖAWSG).

Once the admissible and appropriate procedure has been selected, the tender documents have been drawn up and the notice has been published, all applications and tenders received on time are entered in the tender opening protocol. Subsequently, all applications and tenders are reviewed on the basis of the mandatory contract provisions, the exclusion contract provisions and the suitability criteria and entered in the "Tender comparison and award application" log in accordance with the evaluation of the award criteria. For reasons of traceability of the award, it is advantageous to also enter those applications or tenders in the "Comparison of tenders and application for award" report that do not fulfill the mandatory contract provisions, the exclusion contract provisions and the suitability criteria. For these tenders, care must be taken to ensure that the prices are not entered and that the relevant reason for exclusion is listed in the "Remarks" column.

In the case of contracts awarded by the Principality of Liechtenstein, the "Tender comparison and application for award" protocol for construction, supply and service contracts must be sent to the professional associations and trade associations concerned before the contract is awarded. They may make recommendations.

Within 15 days of the selection of candidates, the contracting authority shall send all candidates a notification online. The notification must contain the following information in accordance with Article 25a, paragraph 1 of the Ordinance on Public Procurement or Article 30, paragraph 1 of the Ordinance on Public Procurement in the Sectors:

• the name and address of the contracting authority;
• the subject and value of the contract;
• the names of the candidates considered and the reasons for their selection;
• The names of the unsuccessful candidates and the reasons for their rejection
• the type of procedure and, if the negotiated procedure or the competitive dialog was chosen, the reasons for their choice;
• the procedure for the notification of a decision,
• if applicable, the reasons for not awarding the contract;
• Details of any conflicts of interest discovered and any remedial measures taken.

The contracting authority may decide not to publish certain of the above information if its disclosure would impede the enforcement of the law and the ordinance, be contrary to the public interest, harm the legitimate commercial interests of public or private undertakings or prejudice fair competition between them. Within 10 days of delivery of the notification, the candidate may apply to the contracting authority for a ruling.

Within 15 days of the award of the contract, the contracting authority shall notify all tenderers of the award of the contract by means of an online award notice. The contract award notice must contain the following information in accordance with Article 41, paragraph 1 of the Ordinance on Public Procurement or Article 42, paragraph 1 of the Ordinance on Public Procurement in the Sectors:

• the name and address of the contracting authority;
• the subject matter and value of the contract, the framework agreements or the dynamic purchasing system, in the case of joint projects pursuant to Art. 44b ÖAWG or Art. 58 ÖAWSG the value of the contract of all contracting authorities;
• the name of the successful tenderer and the reasons for the selection of its tender and - if known - the share of the contract or framework agreement that the tenderer intends to pass on to third parties and, if known at the time, the name of the subcontractors;
• the names of the unsuccessful tenderers and the reasons for the rejection of their tenders, including the reasons why there is no equivalence or why the works, supplies or services do not meet the performance or functional requirements;
• the type of procedure and, if the negotiated procedure with or without prior publication or the competitive dialog was chosen, the circumstances for its choice;
• the procedure for the notification of an award decision (Art. 47 ÖAWG or Art. 61 ÖAWSG);
• for awards above the threshold values, whether an exception pursuant to Art. 5 ÖAWG or Art. 8 to 18 ÖAWSG applies;
• for awards above the threshold values, the reasons for the rejection of abnormally low tenders;
• for awards above the threshold values, the reasons for not awarding the contract, if applicable.
• a precise indication of the specific standstill period;
• for awards above the threshold values, the course and progress of the negotiations and dialog;
• for awards above the thresholds, the reasons why means of communication other than electronic means were used for the submission of tenders;
• for awards above the thresholds, information on any conflicts of interest identified and any remedial measures taken.

Information on the award of the contract or the outcome of the competition need not be published if its disclosure would impede the enforcement of the law and the ordinance, be contrary to the public interest, harm the legitimate commercial interests of public or private undertakings or prejudice fair competition between them.

Within 10 days of notification of the award notice, the tenderer may apply to the contracting authority for an award decision.

The contracting authority may not conclude the contract within the standstill period if the contract is otherwise null and void. If the award notice is sent electronically or by fax, the standstill period is ten days; if it is sent by post, it is 15 days from delivery to the candidates and tenderers concerned. The standstill period is not mandatory for national awards below CHF 200,000, where the provisions above the thresholds do not apply, and for certain awards above the thresholds, such as negotiated procedures without prior publication.