Award phases

The following phases apply according to Article 53a ÖAWG Gesetz über das Öffentliche Auftragswesen or Article 69 ÖAWSG Gesetz über das Öffentliche Auftragswesen im Bereich der Sektoren as decisions that can be independently challenged by appeal:

• the decision on the selection of persons or candidates in the restricted procedure (Art. 24 para 4 ÖAWG or Art. 35 para 4 ÖAWSG), in the negotiated procedure (Art. 25 para 4 ÖAWG or Art. 36 para 4 ÖAWSG) and in the competitive dialogue (Art. 25a para 4 ÖAWG);
• the exclusion under Art. 35b and 37 ÖAWG or Art. 47 and 50 ÖAWSG;
• the surcharge under Art. 47 ÖAWG or Art. 61 ÖAWSG;
• the termination of the award procedure;
• the decision on the inclusion or removal from the list according to Art. 48 para 3 ÖAWSG;
• the decision on the conclusion of a framework agreement (Art. 5b ÖAWG or Art. 19 ÖAWSG) and admission to a dynamic procurement system (Art. 23a para 2 ÖAWG or Art. 34a para 2 ÖAWSG).

Once the permissible and appropriate procedure has been selected, the tender documents have been prepared, the announcement has been published, all applications or offers that were received in time will be entered into the offer opening protocol. Subsequently, all applications and bids are reviewed on the basis of the Mandatory Contract Provisions, the Exclusion Contract Provisions and the Suitability Criteria and entered into the "Bid Comparison and Award Application" protocol in accordance with the evaluation of the Award Criteria. For reasons of traceability of the award, it is advantageous to also enter those applications or offers in the "Comparison of offers and award application" protocol which do not fulfill the mandatory order provisions, the exclusion order provisions and the suitability criteria. In the case of these offers, it is important to ensure that the prices are not entered and that the relevant reason for exclusion is listed in the "Remarks" column.

In the case of awards by the Principality of Liechtenstein, the protocol "Comparison of Offers and Application for Award" must be sent to the professional associations and business associations concerned prior to the award in the case of works, supply and service contracts. They may make recommendations.

Within 15 days after the selection of candidates, the contracting authority shall send a notice online switch to all candidates. The notification shall contain the following information in accordance with Article 25a, paragraph 1 of the Public Procurement Ordinance or. Article 30, paragraph 1 of the Ordinance on Public Procurement in the Field of Sectors to contain:

• the name and address of the contracting entity;
• the subject and value of the contract;
• the names of the candidates considered and the reasons for their selection;
• names of unsuccessful candidates and the reasons for their rejection;
• the type of procedure and, if the negotiated procedure or the competitive dialogue was chosen, the reasons for their choice;
• the procedure for serving an order,
• if applicable, the reasons for not awarding the contract;
• Disclosures of conflicts of interest discovered and remedial action taken.

The contracting authority may decide not to disclose certain of the above information if its disclosure would hinder the enforcement of the law and the regulation, be contrary to the public interest, harm the legitimate commercial interests of public or private companies, or affect fair competition between them. Within 10 days from the date of service of the notice, the applicant may apply to the contracting authority for an injunction.

Within 15 days after the award of the contract, the contracting authority shall notify all tenderers of the award of the contract by means of an award notice online counter. The award notice shall contain the following information in accordance with Article 41, Paragraph 1 of the Ordinance on Public Procurement and/or Article 42, paragraph 1 of the Regulation on Public Procurement in the Field of Sectors to contain:

• the name and address of the contracting entity;
• the subject and value of the contract, framework agreements or dynamic procurement system, in the case of joint projects under Art. 44b ÖAWG or Art. 58 ÖAWSG, the value of the contract of all contracting entities;
• the name of the successful bidder and the reasons for the selection of his bid and - if known - the share of the contract or framework agreement that the bidder intends to pass on to third parties and, if applicable, the name of the subcontractors, if known at that time;
• the names of the rejected offerors and the reasons for rejection of their offers, including the reasons why there is no equivalence or why the works, supplies or services do not meet the performance or functional requirements;
• the type of procedure, and if the negotiated procedure with or without prior advertisement or the competitive dialogue has been chosen, the circumstances for their choice;
• the procedure for the service of an award decision (Art. 47 ÖAWG or Art. 61 ÖAWSG);
• for awards above the thresholds, whether an exemption under Art. 5 ÖAWG or Art. 8 to 18 ÖAWSG;
• for awards above the thresholds, the reasons for the rejection of unusually low bids;
• for awards above the thresholds, if applicable, the reasons for not awarding the contract;
• a precise indication of the specific standstill period;
• for awards above the thresholds, the course and progress of negotiations and dialogue;
• for awards above the thresholds, the reasons for which means of communication other than electronic were used for the submission of the tenders;
• for awards above the thresholds, an indication of any conflicts of interest detected and any remedial action taken;

Information on the award of the contract or the outcome of the competition need not be disclosed if its disclosure would hinder the enforcement of the law and the regulation, be contrary to the public interest, harm the legitimate commercial interests of public or private undertakings, or prejudice fair competition between them.

Within 10 days from the date of delivery of the award notice, the offeror may apply to the contracting authority for an award order.

The contracting authority may not conclude the contract within the standstill period in case of other nullity. It is ten days in the case of transmission of the award notice by electronic means or by fax, and 15 days in the case of transmission by letter, from the date of delivery to the candidates and offerors concerned. The standstill period is not mandatory for national awards below CHF 200,000, where the provisions above the thresholds do not apply, and for certain awards above the thresholds, such as the negotiated procedure without prior publication.