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Suitability criteria

In the field of sectors, the contracting authorities shall examine the suitability of candidates and tenderers on the basis of the suitability criteria set by them in the tender documents (Art. 46 ÖAWSG).
Suitability criteria shall in principle relate to the suitability of the candidate or tenderer and not to the suitability of the subject matter of the contract to be performed. Suitability criteria are KO criteria, i.e. the suitability is present or just not present, which leads to the exclusion.

Contracting entities that establish the suitability criteria in an open procedure, restricted procedure, negotiated procedure, competitive dialogue or in the context of an innovation partnership, are thereby guided by the objective rules and criteria that they have established and that are accessible to the interested companies (Article 46, paragraph 2 ÖAWSG). These criteria may include the grounds for exclusion set forth in Article 47 of the Law on Public Procurement in the Field of Sectors, in accordance with the conditions set forth therein. If the contracting authority is the Principality of Liechtenstein, the municipalities or bodies governed by public law which carry out activities within the meaning of the Act, these criteria shall include the exclusion criteria set out in Art. 47(3) and (3a) of the Act on Public Procurement in the Sectoral Field.

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Link Website: https://www.llv.li/en/national-administration/specialized-unit-for-public-procurement/principles/special-provisions-for-contractors-in-the-sector/suitability-criteria