Key points

The key points of public procurement are

• Non-discrimination / equal treatment
• Transparency
• Open markets
• Competition
• Award to the most economically advantageous tender
• Public procurement in the national and international area is regulated in the ÖAWG and ÖAWSG as well as in the corresponding ordinances ÖAWV and ÖAWSV.
• Legal protection / right of appeal

The individual key points can be summarized as follows:

Non-discrimination / equal treatment

Any person interested in public contracts is guaranteed non-discriminatory access, subject to the principle of equal treatment.

Transparency

Documentation procedures are defined in standard templates, e.g. notices, tender opening protocol and tender comparison / award application, etc., and thus ensure the greatest possible traceability and transparency of the individual steps in the award of public contracts.

Open markets

All interested parties are guaranteed an open market in public procurement procedures. Below the EEA/WTO thresholds for scope, national and international thresholds, market access is guaranteed at national level, and above the EEA/WTO thresholds for scope, national and international thresholds, open markets are guaranteed within the framework of the EEA and WTO agreements.

Award to the most economically advantageous tender

In accordance with Article 44 ÖAWG and Article 56 ÖAWSG, the contract is awarded to the most economically advantageous tender. The weighting of the award criteria can be specified by means of a margin, the widest range of which must be appropriate. If, in the opinion of the contracting authority, the weighting cannot be specified for understandable reasons, it shall specify the criteria in descending order of importance. The weighting of the award criteria must be stated in the contract notice, the tender documents or - in the case of a competitive dialog - in the description.

Public procurement in the national and international affairs sector is regulated in the ÖAWG and ÖAWSG as well as in the associated ordinances ÖAWV and ÖAWSV.

The Liechtenstein Public Procurement Act ÖAWG and ÖAWSG and the associated ordinances ÖAWV and ÖAWSV contain both the national provisions regarding public procurement and the international requirements of the EU Directives(Directive 2014/23/EC, Directive 2014/24/EC and Directive 2014/25/EC) and the EU Regulation as well as the WTO.

Legal protection / right of appeal

The Public Procurement Act defines the possibility of a complaint in Articles 53 to 61 and Articles 68 to 77 of the Public Procurement Act in the area of sectors. This guarantees legal protection for all interested parties in public procurement procedures.

In accordance with Article 53 Paragraph 3 ÖAWG and Article 68 Paragraph 3 ÖAWSG, an appeal is possible from a contract value of CHF 200,000.

For contract awards above the EEA/WTO thresholds, an appeal is also possible below a contract value of CHF 200,000 Scope of application, national and international thresholds, unless an exception clause pursuant to Article 9 (3) and (4) ÖAWG or Article 24 (3) and (4) ÖAWSG applies.