Key points

The key points of public procurement are:

• Nondiscrimination/equal treatment
• Transparency
• Open markets
• Competition
• Awarding to the most economically advantageous tender
• Public procurement in both the national and international spheres is governed in each case by the ÖAWG or ÖAWSG and in the ordinances issued in connection therewith ÖAWV or ÖAWSV regulated.
• Legal protection / appeal possibility

The individual key points can be paraphrased as follows:

Non-discrimination / Equal treatment

Every interested person in public contracts is guaranteed non-discriminatory access, under the principle of equal treatment.

Transparency

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

Open markets

In public procurement, all interested parties are guaranteed an open market. Below the EEA/WTO thresholds regulatory-scope-national-and-international-thresholds, market access is provided at the national level, and above the EEA/WTO thresholds Scope of application, national and international thresholds open markets are guaranteed under the EEA and WTO agreements.

Award to the most economically advantageous tender

According to Article 44 ÖAWG or Article 56 ÖAWSG, the award shall be made to the most economically advantageous tender. The weighting of the award criteria may be indicated by means of a margin, the widest range of which must be reasonable. If, in the opinion of the contracting authority, the weighting cannot be indicated for comprehensible reasons, it shall indicate the criteria in descending order of importance. The weighting of the award criteria shall be indicated in the notice, the tender documents or - in the case of a competitive dialogue - in the description.

Public procurement in the national as well as in the international area are regulated in the ÖAWG , respectively in the ÖAWSG and in the ordinances issued in connection therewith ÖAWV or ÖAWSV.

The Liechtenstein Law on Public Procurement ÖAWG or ÖAWSG and the ordinances issued thereunder ÖAWV or ÖAWSV contains both the national provisions concerning public procurement, as well as the international requirements of the EU directives (Directive 2014/23/EC, Directive 2014/24/EC  and Directive 2014/25/EC) and Regulation EU and the WTO.

Legal protection/appeal procedure

The Law on Public Procurement defines in Articles 53 to 61 or in the Articles 68 to 77 of the Law on Public Procurement in the Sectors the possibility of appeal. This ensures legal protection for all interested persons in public procurement.

A complaint can be lodged pursuant to Article 53(3) ÖAWG or Article 68 paragraph 3 ÖAWSG is possible from a contract value of CHF 200,000.

For contract awards above the EEA/WTO thresholds, a complaint is also possible below a contract value of CHF 200,000Scope of application, national and international thresholds, unless it is an exception clause according to Article 9 paragraph 3 and 4 ÖAWG or Article 24 paragraph 3 and 4 ÖAWSG is concerned.