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Suitability criteria

In the sectors, the contracting authorities assess the suitability of candidates and tenderers on the basis of the suitability criteria they specify in the tender documents(Art. 46 ÖAWSG).
In principle, suitability criteria must 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. suitability is either present or absent, which leads to exclusion.

Contracting authorities that define the suitability criteria in an open procedure, restricted procedure, negotiated procedure, competitive dialog or as part of an innovation partnership are guided by the objective rules and criteria that they have defined and that are accessible to the interested companies (Article 46, paragraph 2 ÖAWSG). These criteria may include the grounds for exclusion set out in Art. 47 of the Public Procurement Act in the sectors in accordance with the conditions set out 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 listed in Art. 47 para. 3 and 3a of the Public Procurement Act in the area of sectors.

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Link Website: https://www.llv.li/en/national-administration/public-procurement-department/basic-provisions/special-regulations-for-clients-in-the-sectors/suitability-criteria