Exclusion order provisions

The exclusion of procurement provisions are set out in Articles 35b and 37 of the Law on Public Procurement or in Articles 47 and 50 of the Law on Public Procurement in the Field of Sectors. Excluded from the tender review are:

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

Furthermore, applicants and offerors are excluded from further proceedings if:

• they lack the suitability for the execution of the public contract or if this is not proven;
• insolvency proceedings have been opened against their assets or no insolvency proceedings have been opened for lack of assets to cover costs;
• they are in liquidation or have ceased their professional activities;
• the contracting authority has sufficiently plausible evidence that they have entered into agreements with the other companies that distort competition;
• they have committed serious misconduct in the course of their professional activities which calls their integrity into question and which has been established 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 failed to provide such information or are unable to submit the additional documents required under para. 6b;
• they have not fulfilled their obligation to pay social contributions;
• they have not fulfilled their obligation to pay taxes and duties;
• they have been directly or  indirectly involved in the preparation of the tender or tender documents for the award procedure, to the extent that fair and equitable competition may be jeopardized by their participation 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 shown significant or persistent deficiencies in the performance of a material requirement under a prior engagement that resulted in the early termination of the prior engagement, damages, or other similar sanction;
• they have attempted to improperly influence the decision-making of the contracting authority, to obtain confidential information through which they may obtain improper advantages in the procurement process, or to negligently provide misleading information that may significantly influence the decision to exclude, select, or award the contract.

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

• Membership in a criminal association or organization (§§ 278 and 278a StGB);
• Bribery, acceptance of advantage, bribery, granting of advantage or prohibited intervention (Sections 304 and 309 StGB);
• Fraud (Section 146 et seq. StGB);
• Infidelity (Section 153 StGB);
• Funding abuse (§ 153a StGB);
• money laundering (§ 165 StGB);
• terrorist offense, terrorist financing (§§278b to 278f StGB);
• trafficking in human beings (§ 104a StGB);

From this exclusion based on a final conviction can only be waived if there are compelling reasons of general interest. The contracting authority may obtain the information it deems necessary about the personal situation of applicants and tenderers from the competent authorities if it has concerns about their personal situation.