Exclusion of order provisions

The exclusion provisions are defined in Articles 35b and 37 of the Law on Public Procurement and in Articles 47 and 50 of the Law on Public Procurement in the sectors. The following are excluded from the tender review

• Tenders that are based on anti-competitive agreements, in particular price-fixing agreements;
• Tenders that do not comply with the General and Special Conditions of Contract;
• Tenders that contain false or misleading information;
• Tenders from tenderers who are not authorized to submit tenders;
• Offers that have been submitted late;
• Tenders from tenderers who have been excluded in accordance with Art. 35b;
• Incomplete tenders in accordance with the principle of proportionality.

Furthermore, applicants and tenderers shall be excluded from the further procedure if

• they lack the suitability to perform the public contract or if this is not proven;
• insolvency proceedings have been opened against their assets or no insolvency proceedings have been opened due to a lack of assets to cover costs;
• they are in liquidation or have ceased their professional activity;
• the client has sufficiently plausible evidence that they have entered into agreements with other companies that distort competition;
• they have been guilty of serious misconduct in the course of their professional activities which calls their integrity into question and which has been proven by the contracting authorities;
• they have been guilty of serious misrepresentation in providing information to verify the absence of grounds for exclusion and compliance with the suitability criteria, have not provided such information or are unable to submit the additional documents required under para. 6b
• they have not fulfilled their obligation to pay social security contributions;
• they have not fulfilled their obligation to pay taxes and duties
• they were directly or indirectly involved in the preparation of the invitation to tender or the tender documents for the award procedure, insofar as their participation could jeopardize fair and equitable competition and the resulting distortion of competition cannot be eliminated by other, less restrictive measures; this also applies to their affiliated companies;
• they have violated the provisions of environmental, social and labor law applicable in Liechtenstein in the performance of a contract
• a conflict of interest cannot be effectively eliminated by other, less drastic measures;
• they have demonstrated significant or persistent deficiencies in the performance of a material requirement under a previous contract that resulted in the premature termination of the previous contract, damages or another comparable sanction;
• they have attempted to improperly influence the decision-making process of the contracting authority, to obtain confidential information that could give them an improper advantage in the award procedure, or to negligently provide misleading information that could significantly influence the decision on exclusion, selection or award.

Furthermore, candidates and tenderers must be excluded from participation in a procurement procedure if the contracting authority is aware that a candidate or tenderer has been convicted by a final judgment for one of the following reasons:

• Membership of a criminal association or organization (Sections 278 and 278a StGB);
• Corruptibility, acceptance of advantages, bribery, granting of advantages or prohibited intervention (Sections 304 and 309 StGB);
• Fraud (§ 146 ff. StGB);
• Breach of trust (Section 153 StGB);
• Abuse of promotion (Section 153a StGB);
• Money laundering (Section 165 StGB);
• terrorist offense, terrorist financing (§§278b to 278f StGB);
• Human trafficking (Section 104a StGB).

This exclusion due to a final conviction can only be waived if there are compelling reasons in the public interest. The contracting authority may, at its discretion, obtain the necessary information about the personal situation of applicants and tenderers from the competent authorities if it has concerns about their personal situation.