WORLD TRADE
ORGANIZATIONGPA/46
19 December 2000
(00-5530)
Committee on Government Procurement Original:  English
NOTIFICATION OF NATIONAL IMPLEMENTING LEGISLATION
Communication from Liechtenstein
The following communication has been received from the Permanent Mission of the
Principality of Liechtenstein in accordance with the Committee Decision of 4 June 1996, relating to
the procedures for the notification of nati onal implementing legi slation (GPA/1/Add.1).
_______________GPA/46
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1. Summary of Liechtenstein's Legislation on Public Procurement
Liechtenstein's international obligations in the area of public procurement have been
implemented in its national legislation by the following acts:
• Law on Public Procurement:  Gesetz über die Vergabe öffentlicher Bau-, Liefer- und
Dienstleistungsaufträge (Gesetz über das öffentliche Auftragswesen, ÖAWG), LGBI.1
1998 No. 135, LR2 172.051.
• Regulation on Pubic Procurement:  Verordnung über die Vergabe öffentlicher Bau-,
Liefer- und Dienstleistungsaufträge (Verordnung über das öffentliche
Beschaffungswesen, ÖAWV), LGBI.  1998 No. 1893, LR 172.051.1.
Both law and regulation entered into force on 1 January 1999.These provisions not only implement the WTO Agreement on Government Procurement
(GPA)
4 but also the relevant directives of the European Economic Area (EEA).  To a large extent,
GPA rules coincide with those of the EEA.
The Law and Regulation cover procurements above and below thresholds.  In the GPA
context, the procurement rules apply to procurements above the thresholds.  The thresholds currentlyamount to:
Annex 1
Goods Sw F 248,950
Services Sw F 248,950
Construction Sw F 9,575,000
Annex 2
Goods Sw F 383,000
Services Sw F 383,000
Construction Sw F 9,575,000
Annex 3
Goods Sw F 766,000
Services Sw F 766,000
Construction Sw F 9,575,000
The thresholds have to be published according to Article 4 of the Law on Public Procurement:
• Publication of the thresholds:  Kundmachung vom 10. Oktober 2000 der Schwellenwerte
nach dem Abkommen über den Europäischen Wirtschaftsraum (EWRA) sowie nach demÜbereinkommen über das öffentliche Beschaffungswesen (WTO-Übereinkommen),
LGBI.  2000 No. 196
5, LR 172.051.11.
                                                     
1 Liechtenstein Law Gazette, copy availabl e for consultation in the WTO Secretariat.
2 Systematic collection of the Liechtenstein legislation.
3 Copy available for consultation in the WTO Secretariat.
4 The GPA entered into force for Liechtenstein on 18 September 1997.  See also the publication of the
Agreement in LGBI.  1998 No. 8, copy available for consultation in the WTO Secretariat.
5 Copy available for consultation in the WTO Secretariat.GPA/46
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The Law on Public Procurement (ÖAWG) guarantees non-discriminatory access to public
procurement markets in Liechtenstein for Liechtenstein suppliers and suppliers established in a
contracting party to the GPA or other countries as far as they grant reciprocity and in accordance with
applicable international obligations (i.e. GPA, EEA or special agreements between Liechtenstein and
another country).  See also the answer to question 6 of the checklist.
The following procedures are foreseen:- Open procedure :  all interested suppliers may submit a tender.
- Restricted procedure :  upon public invitation, all interested suppliers may submit an
application for participation.  Participation is limited to a certain number of selectedsuppliers (at least five, but not more than twenty) which are invited to submit a
tender.
- Negotiated procedure :  at least three interested suppliers (if possible) are invited for
negotiations on a contract.  Effective competition has to be granted among the invitedsuppliers.
Procurements above the thresholds have to be published and procured in an open or restricted
procedure.  A negotiated procedure is permissible in particular situations (see the answer to
question 10 of the checklist).
The award is given to the economically most advantageous offer, specified by objective
criteria which must already be included in the publication or in the tender documentation.  To measure
the value of an offer, criteria such as delivery dates, quality, price, efficiency, overhead expenses,
service to clients or environmental impact can be considered.
The possibility to challenge a procurement is given. A tenderer whose offer has been rejected
may claim damages, if the rejection was inconsistent with the regulations.
The Regulation on Public Procurement (ÖAWV) regulates details of the provisions contained
in the corresponding law, such as valuation of contracts, procurement procedures (publication,
technical specifications, types of procedures time-limits), award of contracts and provisions on
information and statistical reporting.
2. Other Regulations Related to Government Procurement
None.
3. Contact Point
Amt für Auswärtige Angelegenheiten
Heiligkreuz 14
9490 Vaduz
Principality of LiechtensteinGPA/46
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4. Responses to Checklist of Issues
I. GENERAL ELEMENTS
1. Has the Agreement been transposed into national law and/or does it apply directly?
Liechtenstein follows the monistic theory with respect to the relation of national and
international law.  The Agreement was, however, implemented through a Law on PublicProcurement, a Regulation on Public Procurement and the Publication of the thresholds.
6  T h e
national implementing legislation aimed at establishing a single, transparent and user-friendlyprocurement regime in accordance with all international obligations of Liechtenstein in this area.
2. In the case that entities below the federal or central state level are covered:  are these
categories of entities autonomous from fede ral or central state level government in the
implementation of the Agreement?
No.  The above-mentioned provisions cover state level and sub-central levels, i.e. local
entities.
3. In the case that Annex 3 entities are covered:  are these categories of entities autonomous in
the implementation of the Agreement or do they apply the legislation provided by the federal/central
or sub-central level?
The national legislation mentioned in the answer to question 1 also applies to Annex 3 entities.
4. Which main differences (if any) exist between the implementing laws at the federal or central
level, the sub-central level and for Annex 3 entities?
The implementing legislation is the same for state and local levels and covers also Annex 3
entities.
5. To what extent is information technology used in the process of government procurement?
Every contract above the relevant thresholds has to be published in the database Tenders
Electronic Daily (TED) according to the EEA Agreement.  Besides that, information technology is notmuch used yet.
                                                     
6 Gesetz über die Vergabe öffentlicher Bau-, Liefer- und Dienstleistungsaufträge (Gesetz über das
öffentliche Auftragswesen, ÖAWG), LGBI.  (Liechtenstein Law Gazette) 1998 No. 135.
Verordnung über die Vergabe öffentlicher Bau-, Liefer- und Dienstleistungsaufträge (Verordnung über
das öffentliche Beschaffungswesen, ÖAWV).  LGBI.  1998 No. 189.
Kundmachung vom 10. Oktober 2000 der Schwellenwerte nach dem Abkommen über den
Europäischen Wirtschaftsrawm (EWRA) sowie nach dem Übereinkommen über das öffentlicheBeschaffungswesen (WTO-Übereinkommen), LGBI.  2000 No. 196 (most recent publication).GPA/46
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II. SPECIFIC ELEMENTS
6. Identify the specific provisions in your legislation which reflect the national treatment and
non-discrimination commitments of Article III of the Agreement.
Article 3 of the Law on Public Procurement (ÖAWG):
The Article says that if according to the international law reciprocity is granted, national and
foreign suppliers are to be treated equally.  Cases in which an international obligation for equaltreatment exists without reciprocity shall remain reserved.
7. Article IX:2 of the Agreement foresees that the invitation to participate may take the form of a
notice of proposed procurement.  If your implemen ting legislation provides for this opportunity, give
details.
For public procurement above thresholds, tender notices have to be published.  According to
Article 14 of the Law, such a notice shall contain in particular the following information:
- name and address of the procuring entity;- subject-matter of the contract;- address and time-limits for the submission of tenders;- type of procedure;- address(es) where documents relating to the contracts may be requested;- if the contract falls under the WTO GPA Agreement.
8. Article IX:3 of the Agreement foresees that entities at the sub-central level as well as Annex 3
entities  may use a notice of planned procurement or a notice regarding a qualification system as an
invitation to participate.  If your  implementing legislation provides for this opportunity, give details.
Pre-information notices are published in addition to invitation to tender notices.  Pre-
information notices are not binding, but for information purposes only (Article 14 of the Regulation).In works contracts, contrac ting entities publish indi cative notices contai ning the essential
characteristics of the works contracts they intend to award.  In services and supplies contracts,contracting entities shall make known through indicative notices to be published as soon as possibleafter the beginning of the budgetary year, the intended total procurement during the next 12 months.
According to Article 16 of the Law/Article 17 of the Regulation, different forms for a call for
competition are possible in the sectors (water, energy, transport and telecommunication):  a noticestating the intention to award a particular cont ract, a pre-information notice or a notice on the
existence of a qualification system.  Details with regard to the establishment of a qualification systemare regulated in Article 38 of the Regulation.GPA/46
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9. In the case of selective tendering procedures:  to what extent are entities allowed to use
permanent lists of suppliers or is there a requirement for lists of suppliers to be selected on a
contract-by-contract basis?
In the sectors, contracting entities may establish and operate a system of qualification of
suppliers, contractors and service providers (Artic le 43 of the Law, Article 38 of the Regulation).
Suppliers, contractors and service providers must at any time have the possibility to ask for aninclusion in such a list.  The system operates on the basis of objective criteria and rules.  Updating ofthe rules is possible.   Refusal of qualification or bringing the qualification to an end must be reasonedand applicants or service providers have to be notified.  If the list is not limited to a period of threeyears, the list and conditions to be  fulfilled and the methods of verifi cation of those conditions have to
be published annually.  At present, no entity in the utilities sector has established a qualificationsystem.
10. Article XIV of the Agreement allows for negotiation under certain conditions.  Are entities
allowed to proceed to negotiations?  If so, which categories and what are the conditions imposed?
According to Article 22, paragraph 2 of the Law, entities may use the negotiated procedure,
but only in particular situations.  These situations are specified in Article 23 and especially Article 24,paragraphs 2 and 3 of the Regulation:
With prior publication of a contract notice:- in case of irregular tenders or tenders which are unacceptable under Liechtenstein law
in response to an open or restricted procedure;
- in exceptional cases, when the nature of the works/services or the risks attaching
thereto do not permit overall pricing;
- when the works involved are carried out for the purpose of research, experiment and
development;
- when the nature of services to be procured is such that contract specifications cannot
be established with sufficient precision to permit the award of the contract by using
open or restricted procedures.
Without prior publication of a contract notice:
- in the absence of tenders or suitable tenders in response to an open or restricted
procedure insofar as the original terms for the contract are not substantially altered;
- when for technical or artistic reasons, or for reasons connected with the protection of
exclusive rights, there is only one supplier or contractor;
- when it is strictly necessary for reasons of extreme urgency brought about by
unforeseeable events;
- for new works/services consisting of the repetition of similar works/services entrusted
to the contractor/service provider to which te same contracting authorities awarded an
earlier contract, under certain conditions;GPA/46
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- for additional works/services (up to a limit of 50 per cent of the amount of the main
contract) becoming necessary for the carrying out of the work/for the performance of
the service through unforeseen circumstances, if the non-separation is justified by
technical or economic reasons;
- when the products involved are manufactured for the purpose of research,
experiment, study and development;
- for additional deliveries by the original supplier, justified by the risk of technical
incompatibility of disproportionate technical difficulties;
- when the contract follows a design contest and must be awarded to the successful
candidate or one of the successful candidates.
In the sectors, entities have free choice between open, restricted and negotiated procedures
(see Article 22, paragraph 4 of the Law).
11. Article XI contains the time-limits for tendering and delivery.  Time-limits shall normally be
"not less that X days".  Does the domestic legislat ion reflect the various minimum time-limits as set
out in the Agreement?  If not, give information on any longer time limits which have been established.
The Liechtenstein legislation has established time-limits as set out in the EEA and GPA
Agreements (see Articles 30 et seq. of the Regulation):
In open procedures, the time-limit for receipt of tenders shall not be less than 52 days from
the date of dispatch of the notice.  This time-limit may be reduced to 36 days if a pre-information
notice according to Article 14 of the Regulation has been published (only for works and services).
In restricted procedures and negotiated procedures, the time-limit for receipt of requests to
participate shall not be less than 37 days from the date of dispatch of the notice.  The time-limit for
receipt of tenders may not be less than 40 days fr om the date of dispatch  of the written invitation.
This time-limit may be reduced to 26 days if a pre-information notice (indicative notice to makeknown the contracts they intend to award, according to Article 14 of the Regulation) has beenpublished.  In case of justified urgency, those time-limits may be reduced to not less than 15 days forthe receipt of request, and not less than 10 days for the receipt of tenders.
In the sectors, the time-limits for open procedures are the same as indicated above.  In
restricted and negotiated procedures, the time-limit for receipt of requests to participate shall be, as a
general rule, not less than 37 days from the date of dispatch of the notice, but in no case less than22 days.  The time-limit for receipt of tenders may be fixed by mutual agreement between thecontracting entity a nd the selected candidates.  If such an  agreement is not reached, the time-limit
shall be, as a general rule, 22 days, but under no circumstances less than 10 days from the date of theinvitation to tender.
12. To what extent does the implementing legisla tion allow entities, in pursuance of Article XII:1,
to permit  tenders to be submitted in several languages (one of which has to be a language of the
WTO)?  To what extent do entities use this flexibility?
The legislation does not exclude that tenders may be subm itted in another la nguage other than
German.  It is up to the entities to define which other languages are accepted (see Article 15,
paragraph 2 lit. i of the Law).  In practice, such other languages might be English or French.GPA/46
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III. CHALLENGE PROCEDURES - ARTICLE XX
13. Paragraph 3 of Article XX requires each Party to provide its challenge procedures in writing
and make them generally available.  Please provide this information.
Any supplier who participates in a particular public procurement procedure may complain
about alleged breaches of the rules.
After the award of the contract, the entity has to inform the winning tenderer and the
unsuccessful tenderers within 14 days (Article 41 of the Regulation) by an award note
(Vergabevermerk, see Article 46 of the Law).  This note has to contain the following information:
- the name of the contracting entity;
- the award of the contract;
- the value of the winning award;- the type of procedure;- a short reasoning for the award, if necessary;- the procedure for the service of an award order (Vergabeverfügung).
Unsuccessful tenderers may request an  award order.  Such a request has to be made not later
than 10 days after the service of the award note (Article 47 of the Law).
According to Article 53 of the Law, complaints against decisions or orders of contracting
entities may be lodged with the Government within 14 days from the service.  If the awarding entity isthe Government, the complaint has to be lodged with the Administrative Tribunal
(Verwaltungsbeschwerdeinstanz).
Only negative damages ( damnum emergens ) may be claimed.
Article 55 of the Law sets out the necessary contents of the petition of appeal, such as the
name of the contracting entity, the procedure in question and the decision which is the subject of
appeal, a statement of the facts of the case including the interest of the appellant in the conclusion of
the contract, information on the alleged incurred or imminent damage and the reasons for the alleged
unlawfulness.
14. To the extent that this information does no t fully respond to the following points, please
provide the supplementary information necessary to do so.
(i) The time-limit to launch a complaint contained in the Agreement is "not less than
10 days".  What are the limits in domestic legislation?According to Article 53 of the Law it is 14 days.
(ii) What body is responsible for the challenge procedures?  Is this a "court" or an
"impartial and independent review body"?   If the latter:
If the awarding entity is not the Government itself, the first appellate instance is the
Government.GPA/46
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A decision by the Government is subject to appeal before the Administrative Tribunal
(Verwaltungsbeschwerdeinstanz).  The Administrative Tribunal is a court whichconsists of a chairperson, a vice-chairperson and four appeal judges and theirsubstitutes elected by the Parliament.  The chairperson is to be appointed by the
Prince on the proposal of the Parliament.
- How are its members selected?See above.- Are its decisions subject to judicial review?Decisions of the Government are subject to appeal before the Administrative
Tribunal.  Its decisions are final.  Complaints against alleged breaches of rightsaccorded by the cons titution are to be lodged with the State Tribunal
(Staatsgerichtshof).
- If not, how are the requirements of paragraph 6 of Article XX taken into 
account?
Not applicable.
(iii) What is the applicable law by referen ce to which the cha llenge body will examine
complaints?
It is the Law and Regulation on Public Procurement, interpreted in the light of
applicable international law, and the general procedural provisions contained in theAdministrative Procedure Act (Gesetz über die allgemeine Landesverwaltungspflege(die Verwaltungsbehörden und ihre Hilfsorgane, das Verfahren inVerwaltungssachen, das Verwaltungszwangs - und Verwaltungsstrafverfahren), LVG,
LGBI.  1922 No. 24, LR 172.020).
(iv) Which rapid interim measures are provided to correct breaches of the Agreement and
to preserve commercial opportunities?- Do these measures include the possibility to suspend the procurement
process?  On what conditions?
According to Articles 58 and 59 of the Law, a supplier who has the right to appeal
may apply for provisional measures which include the possibility to ask for asuspension of the procurement process.  An interim injunction may lead to thesuspension of the procurement process if the interest of the appellant outweighs thepublic interest in the procurement being executed without delay.GPA/46
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(v) How do challenge procedures provide for correction of the Agreement?  What types of
compensation for loss or damages suffered can the challenge body order?
The Government or the Administrative Tribunal may nullify decisions or orders of
contracting entities which are found to be contrary to the applicable legislation (seeArticle 60 of the Law).  They can also instruct the concerned entity to eliminatecertain discriminatory conditions.
Compensation for loss and damages suffered may be claimed (Article 61 of the Law).
Only expenses related to the procurement and challenge procedures are covered.
(vi) Give any available information on the time-periods for the stages of the challenge
process, including to obtain interim measures and a final decision.
Information on time-periods  for the stages of the challenge process are difficult to
obtain.  There are no fixed time-limits fo r the different stages of the process.
(vii) What are the usual costs to conduct a challenge procedure? Are there possibilities
foreseen to do so free of charge?
In proceedings before the Government, the costs depend on the complexity of the
case according to which the fee may be fixed between Sw F 150 and 300.
In proceedings before the Administrative Tribunal, the costs depend on the value in
dispute (court fees and lawyer's tariff).
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