Intercantonal Agreement on Public Procurement (IVöB) - Subject Matter (IVÖB)

1. This Agreement applies to the awarding of public contracts by subordinate contracting authorities both within and outside the scope of the State Treaty area.

1. This Agreement aims to

a. ensure the economic and macroeconomic, ecological, and socially sustainable use of public funds;

b. enhance the transparency of the procurement process;

c. ensure equal treatment and non-discrimination of bidders;

d. promote effective and fair competition among bidders, particularly through measures against unlawful collusion and corruption.

1. In this Agreement, the following terms mean

a. Provider: natural or legal person under private or public law, or a group of such persons, who offer services, apply for participation in a public tender, the transfer of a public task, or the granting of a concession;

b. Public Enterprise: an enterprise over which public authorities may exercise direct or indirect dominant influence due to ownership, financial participation, or regulations applicable to the enterprise; a dominant influence is presumed if the enterprise is predominantly financed by the state or other public enterprises, is subject to oversight concerning its management by the state or other public enterprises, or if its administrative, management, or supervisory body consists predominantly of members appointed by the state or other public enterprises;

c. State Treaty Area: the scope of Switzerland's international obligations regarding public procurement;

d. Employment Conditions: mandatory provisions of the Code of Obligations dated March 30, 1911, concerning employment contracts, normative provisions of collective agreements and standard employment contracts, or where these are lacking, the customary local and industry-specific employment conditions;

e. Occupational Health and Safety Provisions: regulations of public employment law, including the provisions of the Labor Act dated March 13, 1964, and the associated implementing regulations, as well as provisions on accident prevention;

f. Public Law Institution: any entity that

1. was established with the specific purpose of fulfilling non-industrial tasks in the public interest;

2. possesses legal personality; and

3. is predominantly financed by the state, territorial authorities, or other public law institutions, is subject to supervision regarding its management by them, or its administrative, management, or supervisory body consists predominantly of members appointed by the state, territorial authorities, or other public law institutions;

g. Public Authorities: the state, territorial authorities, institutions of public law, and associations composed of one or more of these bodies or public law institutions.

1. In the area of intergovernmental agreements, this agreement covers state authorities as well as central and decentralized administrative units, including public law entities at the cantonal, district, and municipal levels in accordance with cantonal and municipal law, with the exception of their commercial activities.

2. In the area of intergovernmental agreements, this agreement also covers state authorities and public and private enterprises that provide public services and are endowed with exclusive or special rights, insofar as they engage in activities in one of the following sectors in Switzerland

a. Providing or operating fixed networks to supply the public with drinking water in connection with the production, transport, or distribution of drinking water, or supplying these networks with drinking water;

b. Providing or operating fixed networks to supply the public with electricity in connection with the production, transmission, or distribution of electricity, or supplying these networks with electricity;

c. Operating networks to supply the public in the transportation sector through metro, automated systems, tram, trolleybus, bus, or cable car;

d. Supplying transportation companies in air traffic with airports or other terminus facilities;

e. Supplying transportation companies in inland shipping with ports or other terminus facilities;

f. Providing or operating railways, including the transportation conducted on them;

g. Providing or operating fixed networks to supply the public with gas or heat in connection with the production, transport, or distribution of gas or heat, or supplying these networks with gas or heat; or

h. Using a geographically defined area for the purpose of searching for or extracting oil, gas, coal, or other solid fuels.

3. The entities referred to in paragraph 2 are subject to this agreement only for procurements relevant to the described activity area, and not for their other activities.

4. Outside the area of intergovernmental agreements, this agreement also applies to

a. Other carriers of cantonal and municipal tasks, with the exception of their commercial activities;

b. Objects and services that are subsidized by public funds amounting to more than 50% of the total costs.

5. If a third party conducts the award of a public contract for one or more contracting entities, this third party is subject to this agreement in the same way as the contracting entity it represents.

1. If multiple procuring entities subject to federal law and this agreement participate in a procurement, the law of the community whose procuring entity bears the largest portion of the financing shall apply. If the cantonal share overall exceeds the federal share, this agreement shall apply.

2. If multiple procuring entities subject to this agreement participate in a procurement, the law of the canton with the largest share of the financing shall apply.

3. Procuring entities involved in a procurement may, by mutual agreement, subject a joint procurement to the law of any participating procuring entity, deviating from the aforementioned principles.

4. A procurement whose execution does not take place within the legal jurisdiction of the procuring entity is subject to the law either at the seat of the procuring entity or at the place where the services are primarily rendered, as chosen.

5. A procurement by a joint body is subject to the law at the seat of that body. If no such seat exists, the law at the place where the services are primarily rendered applies.

6. Public or private enterprises with exclusive or special rights granted by the Confederation, or that perform tasks in the national interest, may choose whether to subject their procurements to the law at their seat or to federal law.

1. Under this agreement, providers from Switzerland are permitted to offer their services, as well as providers from countries with which Switzerland has contractually committed to grant market access, the latter within the framework of mutually undertaken obligations.

2. Outside the scope of international treaties, foreign providers from countries are permitted to offer their services to the extent that these countries offer reciprocity, or as permitted by the contracting authority.

3. The Federal Council shall maintain a list of countries that have committed to granting market access to Switzerland. This list shall be updated periodically.

4. The cantons may conclude agreements with border regions and neighboring states.

1. If effective competition exists in a sector market pursuant to Art. 4 para. 2, the Intercantonal Body for Public Procurement (InöB) may propose to the Federal Council to exempt the respective procurements wholly or partially from the application of this agreement. Contracting authorities operating in the affected sector market are entitled to submit a related request to the InöB.

2. An exemption applies to the respective procurements of all contracting authorities operating in the affected sector market.

1. A public contract is an agreement entered into between a contracting authority and a provider, serving the fulfillment of a public task. It is characterized by its remunerative nature and the exchange of performance and consideration, with the characteristic performance being rendered by the provider.

2. The following types of performances are distinguished

a. Construction works (primary and secondary construction trades);

b. Supplies;

c. Services.

3. Mixed contracts consist of different performances according to paragraph 2 and form a single transaction. The qualification of the overall transaction follows the financially predominant performance. Performances must not be mixed or bundled with the intention or effect of circumventing the provisions of this agreement.

1. The transfer of a public task or the granting of a concession is considered a public contract if it grants the provider exclusive or special rights to be exercised in the public interest, and if the provider receives compensation or remuneration directly or indirectly. Special statutory provisions of federal and cantonal law take precedence.

1. This Agreement does not apply to

a. the procurement of services relating to commercial sale or resale, or for use in the production or offering of services for commercial sale or resale;

b. the acquisition, rental, or lease of property, buildings, and facilities, as well as the corresponding rights thereto;

c. the allocation of financial aid;

d. contracts concerning financial services related to the issuance, purchase, sale, transfer, or management of securities or other financial instruments, as well as services of central banks;

e. contracts awarded to institutions for the disabled, organizations for labor integration, charitable institutions, and correctional facilities;

f. contracts concerning employment law;

g. public pension schemes of the cantons and municipalities.

2. This Agreement also does not apply to the procurement of services

a. from providers who hold an exclusive right to provide such services;

b. from other legally independent contracting authorities that are themselves subject to procurement law, insofar as these contracting authorities do not provide these services in competition with private providers;

c. from dependent organizational units of the contracting authority;

d. from providers over which the contracting authority exercises control equivalent to that over its own departments, provided these companies essentially provide their services for the contracting authority.

3. This Agreement further does not apply to public contracts

a. when deemed necessary for the protection and maintenance of external or internal security or public order;

b. insofar as it is necessary for the protection of human health or life, or for the protection of animal and plant life;

c. insofar as their tendering would infringe upon intellectual property rights.

1. In the awarding of public contracts, the contracting authority shall observe the following procedural principles

a. It shall conduct procurement procedures transparently, objectively, and impartially;

b. It shall implement measures against conflicts of interest, illegal collusion, and corruption;

c. It shall ensure equal treatment of all bidders at all stages of the procedure;

d. It shall refrain from conducting bidding rounds;

e. It shall maintain the confidentiality of the bidders' information.

1. For services to be performed domestically, the contracting authority shall award a public contract only to suppliers who comply with the applicable domestic occupational safety regulations and working conditions, the reporting and approval requirements pursuant to the Federal Act Against Undeclared Work (FAAW) of June 17, 2005, as well as the provisions on equal treatment of women and men with respect to equal pay.

2. For services to be performed abroad, the contracting authority shall award a public contract only to suppliers who comply with at least the core conventions of the International Labour Organization (ILO) in accordance with Annex 3. Additionally, the contracting authority may require compliance with further essential international labor standards, request corresponding evidence, and agree on inspections.

3. The contracting authority shall award a public contract only to suppliers who comply with at least the local legal regulations pertaining to environmental protection and the conservation of natural resources; this includes, domestically, the provisions of Swiss environmental law and, abroad, the international agreements for the protection of the environment designated by the Federal Council in accordance with Annex 4.

4. Subcontractors are obligated to comply with the requirements pursuant to paragraphs 1-3. These obligations must be incorporated into the agreements between suppliers and subcontractors.

5. The contracting authority may control compliance with the requirements pursuant to paragraphs 1-3 or delegate this control to third parties, provided that this task has not been assigned to a specialized statutory authority or another appropriate entity, in particular a joint monitoring body. For conducting these inspections, the contracting authority may provide the authority or monitoring body with the necessary information and documents. Upon request, the supplier must provide the required evidence.

6. Authorities and monitoring bodies engaged in ensuring compliance with the requirements pursuant to paragraphs 1-3 shall report to the contracting authority on the results of the inspections and any measures taken.

1. Involvement in the procurement procedure is prohibited for individuals on the side of the contracting authority or an expert panel if they

a. have a personal interest in a contract;

b. are related by marriage or registered partnership to a bidder or a member of its corporate body, or maintain a de facto domestic partnership;

c. are related by blood or marriage to a bidder or a member of its corporate body in a direct line or up to the third degree in the collateral line;

d. act as representatives of a bidder or have been employed by a bidder in the same matter; or

e. otherwise lack the independence required for conducting public procurements due to other circumstances.

2. A request for disqualification must be submitted immediately upon becoming aware of the grounds for disqualification.

3. The decision on requests for disqualification is made by the contracting authority or the expert panel, excluding the person concerned.

4. The contracting authority may specify in the tender notice that bidders with a disqualifying relationship to a jury member in competitions and study contracts are excluded from the procedure.

1. Providers involved in the preparation of a procurement procedure are not allowed to submit an offer if the competitive advantage they have gained cannot be offset by appropriate means, and if their exclusion does not jeopardize effective competition among the providers.

2. Appropriate means for compensating the competitive advantage include, in particular

a. the disclosure of all essential information regarding the preliminary work;

b. the announcement of the parties involved in the preparation;

c. the extension of the minimum deadlines.

3. A market clarification conducted by the contracting authority prior to the public tender does not result in prior involvement of the requested providers. The contracting authority discloses the results of the market clarification in the tender documents.

1. The client estimates the anticipated contract value.

2. A public contract shall not be divided in order to circumvent the provisions of this agreement.

3. For the estimation of the contract value, the entirety of the services or remunerations to be put out to tender, insofar as they are substantively or legally closely related, must be considered. All components of the remunerations must be included, including renewal options and options for follow-up contracts, as well as all expected premiums, fees, commissions, and interest, excluding value-added tax.

4. For fixed-term contracts, the contract value is calculated based on the cumulative remunerations over the fixed term, including any renewal options. The fixed term shall generally not exceed 5 years. In justified cases, a longer term may be provided for.

5. For contracts with an indefinite term, the contract value is calculated based on the monthly remuneration multiplied by 48.

6. For contracts for recurring services, the contract value is calculated based on the remuneration for such services during the last 12 months or, for a first-time assignment, based on the estimated requirements over the next 12 months.

1. The choice of procedure is determined by whether a contract reaches a threshold value according to Annexes 1 and 2. The InöB periodically adjusts the threshold values in consultation with the Federal Council in accordance with international obligations.

2. In the event of an adjustment of international obligations concerning threshold values, the Confederation guarantees the cantons' participation.

3. If the total value of multiple construction services for the realization of a construction work reaches the threshold value for the treaty sector, the provisions of this agreement for procurements within the treaty sector shall apply. However, if the values of the individual services do not exceed CHF 2 million and the combined value of these services does not exceed 20% of the total value of the construction work, then the provisions for procurements outside the treaty sector shall apply to these services (triviality clause).

4. Outside the treaty sector, the relevant procedure for construction services is determined based on the value of the individual services.

1. Depending on the contract value and the threshold values, public contracts are awarded at the discretion of the contracting authority either through open procedures, selective procedures, invitation procedures, or negotiated procedures.

1. In the open procedure, the contracting authority publicly invites tenders for the contract.

2. All providers can submit a bid.

1. In the selective procedure, the contracting authority publicly announces the contract and invites suppliers to initially submit a request to participate.

2. The contracting authority selects the suppliers who are allowed to submit a tender based on their suitability.

3. The contracting authority may limit the number of suppliers allowed to submit a tender as long as effective competition is maintained. If possible, at least 3 suppliers will be permitted to submit a tender.

1. The invitation procedure applies to public contracts outside the area of state treaties according to the thresholds outlined in Annex 2.

2. In the invitation procedure, the contracting authority determines which providers it wants to invite to submit bids without a public tender. For this purpose, it prepares tender documents. If possible, at least 3 bids are obtained.

1. In the negotiated procedure, the contracting authority awards a public contract directly without a tender. The contracting authority is entitled to obtain comparative offers and conduct negotiations.

2. The contracting authority may award a contract through negotiation without public invitation to tender, regardless of the threshold value, if one of the following conditions is met

a. No offers or participation applications are submitted in the open procedure, the selective procedure, or the invitation procedure; no offer meets the essential requirements of the tender or the technical specifications; or no provider fulfills the suitability criteria;

b. There are sufficient indications that all offers submitted in the open procedure, the selective procedure, or the invitation procedure are based on an inadmissible agreement restricting competition;

c. Due to the technical or artistic particularities of the contract or for reasons of intellectual property protection, only one provider is considered, and there is no reasonable alternative;

d. Due to unforeseen events, the procurement becomes so urgent that even with shortened periods, neither an open procedure nor a selective procedure nor an invitation procedure can be conducted;

e. A change of provider for services to replace, supplement, or extend already provided services is impossible for economic or technical reasons, would cause significant difficulties, or entail substantial additional costs;

f. The contracting authority procures initial versions (prototypes) or innovative services that are produced or developed at its request within the framework of a research, trial, study, or new development contract;

g. The contracting authority procures services at stock exchanges;

h. The contracting authority can procure services within a favorable, time-limited opportunity at a price significantly below the usual prices (especially at liquidation sales);

i. The contracting authority awards the follow-up contract to the winner of a planning or comprehensive performance competition or a selection procedure for planning or comprehensive performance studies; the following conditions must be met

1. The previous procedure was conducted in accordance with the principles of the agreement;

2. The solution proposals were evaluated by an independent expert panel;

3. In the tender, the contracting authority reserved the right to award the follow-up contract or coordination through negotiation.

3. The contracting authority shall create documentation for each contract awarded in accordance with clause 2, containing the following content

a. Name of the contracting authority and the considered provider;

b. Type and value of the procured service;

c. Explanation of the circumstances and conditions justifying the application of the negotiated procedure.

1. The principal, who conducts a planning or total service competition or awards study contracts, shall regulate the procedure in individual cases within the framework of the principles of this agreement. He may refer to relevant provisions of professional associations.

1. The contracting authority may conduct an electronic auction for the procurement of standardized services within the framework of a procedure under this agreement. Offers are revised after an initial comprehensive evaluation and re-ordered using electronic means and possibly multiple rounds. This must be indicated in the call for tenders.

2. The electronic auction covers

a. the prices if the contract is awarded to the lowest overall price; or

b. the prices and the values for quantifiable components such as weight, purity, or quality if the contract is awarded to the most advantageous offer.

3. The contracting authority checks whether the providers meet the suitability criteria and whether the offers fulfill the technical specifications. An initial evaluation of the offers is conducted based on the award criteria and their predetermined weighting. Before the auction begins, the contracting authority provides each provider with

a. the automatic evaluation method, including the mathematical formula based on the stated award criteria;

b. the result of the initial evaluation of their offer; and

c. any other relevant information necessary for conducting the auction.

4. All approved providers are invited simultaneously and electronically to submit new or adjusted offers. The contracting authority may limit the number of approved providers, provided this has been disclosed in the call for tenders or the tender documents.

5. The electronic auction may encompass several successive rounds. The contracting authority informs all providers about their respective rankings in each round.

1. In the case of complex contracts, intellectual services, or the procurement of innovative services, a contracting authority may conduct a dialogue within the framework of an open or selective procedure with the aim of defining the subject matter of the service as well as identifying and determining the solutions or methods. The dialogue must be mentioned in the invitation to tender.

2. The dialogue may not be conducted for the purpose of negotiating prices and total prices.

3. The contracting authority sets out and explains its needs and requirements in the invitation to tender or in the tender documents. It also announces

a. the procedure of the dialogue;

b. the possible contents of the dialogue;

c. whether and how participation in the dialogue and the use of intellectual property rights, as well as the provider's knowledge and experience, will be compensated;

d. the deadlines and modalities for submitting the final offer.

4. The contracting authority may reduce the number of participating providers based on objective and transparent criteria.

5. The contracting authority documents the procedure and content of the dialogue in an appropriate and comprehensible manner.

1. The contracting authority may invite bids from one or more providers to establish agreements that aim to define the terms for services to be procured over a certain period, particularly regarding their price and, if applicable, the anticipated quantities. Based on such a framework agreement, the contracting authority may enter into specific contracts during its term.

2. Framework agreements must not be used with the intention or effect of hindering or eliminating competition.

3. The duration of a framework agreement shall not exceed 5 years. Automatic renewal is not permitted. In justified cases, a longer duration may be provided for.

4. If a framework agreement is concluded with only one provider, individual contracts based on this framework agreement are to be concluded according to its terms. For the conclusion of individual contracts, the contracting authority may request in writing that the respective contracting party completes their offer.

5. If framework agreements are concluded with several providers for sufficient reasons, the conclusion of individual contracts shall, at the contracting authority's discretion, either follow the terms of the respective framework agreement without a new call for tenders or according to the following procedure

a. Prior to concluding each individual contract, the contracting authority consults the contracting parties in writing and informs them of the specific requirements;

b. the contracting authority sets a reasonable deadline for the contracting parties to submit their offers for each individual contract;

c. offers must be submitted in writing and remain binding for the duration specified in the request;

d. the contracting authority concludes the individual contract with the contracting party that submits the best offer based on the criteria defined in the tender documents or the framework agreement.

1. The contracting authority ensures, within the framework of the procurement procedure and during the performance of the awarded services, that the provider and its subcontractors meet the eligibility criteria, notably the conditions set forth in Art. 12, have paid the due taxes and social security contributions, and refrain from collusive tendering agreements.

2. The contracting authority may require the provider to demonstrate compliance with the eligibility criteria, particularly by means of a self-declaration or inclusion in a register.

3. The contracting authority specifies in the invitation to tender or in the tender documents the timing and specific evidence that are required to be submitted.

1. The contracting authority shall definitively establish the criteria for the suitability of the bidder in the call for tenders or in the tender documents. These criteria must be objectively necessary and verifiable in regard to the procurement project.

2. The suitability criteria may particularly pertain to the bidder's professional, financial, economic, technical, and organizational capabilities as well as the bidder's experience.

3. The contracting authority shall indicate in the call for tenders or in the tender documents at what point in time and which evidence must be submitted.

4. It shall not be a condition that the bidder has already received one or more public contracts from a contracting authority subject to this agreement.

1. The client or the authority responsible by legal order can maintain a register of suppliers who, due to their suitability, fulfill the requirements for taking on public contracts.

2. The following information must be published on the internet platform of the federal and cantonal governments

a. Reference location of the register;

b. Information on the criteria to be met;

c. Examination methods and registration conditions;

d. Duration of validity and procedure for renewal of entry.

3. A transparent procedure must ensure that the submission of applications, the examination or re-examination of suitability, as well as the registration or removal of an applicant from the register, is possible at any time.

4. In a specific procurement project, suppliers who are not listed in a register are also permitted, provided they provide proof of suitability.

5. If the register is abolished, the suppliers listed in it will be informed.

1. The contracting authority evaluates the offers based on performance-related award criteria. In addition to the price and quality of a service, it may specifically consider criteria such as suitability, deadlines, technical value, cost-effectiveness, lifecycle costs, aesthetics, sustainability, plausibility of the offer, creativity, customer service, delivery conditions, infrastructure, level of innovation, functionality, readiness to provide service, expertise, or efficiency of the methodology.

2. Outside the scope of the state contract area, the contracting authority may additionally consider to what extent the provider offers training positions for apprentices in basic vocational education, jobs for older employees, or reintegration for the long-term unemployed.

3. The contracting authority announces the award criteria and their weighting in the call for tenders or the tender documents. If solutions, solution paths, or procedures are the subject of the procurement, disclosure of the weighting may be waived.

4. For standardized services, the award may be based exclusively on the criterion of the lowest price.

1. The principal specifies the necessary technical specifications in the invitation to tender or in the tender documents. These define the characteristics of the procurement object such as function, performance, quality, safety, and dimensions or production processes, and regulate the requirements for labeling and packaging.

2. When establishing the technical specifications, the principal relies, as far as possible and appropriate, on international standards, otherwise on technical regulations used in Switzerland, recognized national standards, or industry recommendations.

3. Specific companies or brands, patents, copyrights, designs, or types as well as references to a particular origin or specific producers are not permissible as technical specifications, unless there is no other sufficiently precise or comprehensible way of describing the services, and in this case, the principal includes the words "or equivalent" in the tender documents. The equivalence must be proven by the provider.

4. The principal may provide for technical specifications for the preservation of natural resources or the protection of the environment.

1. Joint ventures and subcontractors are permitted, unless the contracting authority excludes or limits them in the invitation to tender or in the tender documents.

2. Multiple applications from subcontractors or from bidders within the framework of joint ventures are only possible if they are expressly permitted in the invitation to tender or in the tender documents.

3. The characteristic service must, as a rule, be performed by the provider.

1. The provider must submit a comprehensive offer for the procurement item.

2. The client may divide the procurement item into lots and award them to one or more providers.

3. If the client has formed lots, providers may submit an offer for multiple lots, unless the client has stipulated otherwise in the call for tenders. The client may also specify that a single provider can receive only a limited number of lots.

4. If the client reserves the right to require providers to collaborate with third parties, this shall be announced in the call for tenders.

5. The client may reserve the right to award partial services in the call for tenders.

1. Providers are free to propose variants in addition to the offer of the service described in the tendering procedure. The contracting authority may restrict or exclude this possibility in the tender.

2. A variant is considered any offer that can achieve the procurement objective in a manner different than that envisioned by the contracting authority.

1. Offers and applications for participation must be submitted in writing, completely and in a timely manner, in accordance with the specifications in the invitation to tender or in the tender documents.

2. They may be submitted electronically if this is provided for in the invitation to tender or in the tender documents, and if the requirements defined by the contracting authority are met.

1. The publication of a tender must contain at least the following information

a. Name and address of the contracting authority;

b. Type of contract and procedure, as well as the relevant CPV classification; for services, additionally the relevant CPC classification;

c. Description of the services, including the type and quantity, or an estimate thereof if the quantity is unknown, and any options;

d. Place and time of performance;

e. If applicable, a division into lots, a limitation on the number of lots, and admission of partial offers;

f. Where applicable, a restriction or exclusion of bidding consortia and subcontractors;

g. Where applicable, a restriction or exclusion of variants;

h. In the case of services needed recurrently, if possible, an indication of the timing of the subsequent tender and, if applicable, a note that the deadline for submission of offers is shortened;

i. Where applicable, a note that an electronic auction will take place;

j. Where applicable, the intention to conduct a dialogue;

k. The deadline for the submission of bids or requests to participate;

l. Formal requirements for the submission of bids or requests to participate, where applicable, the requirement that service and price be offered in two separate envelopes;

m. Language or languages of the procedure and the bid;

n. The suitability criteria and the required evidence;

o. In a selective procedure, if applicable, the maximum number of bidders invited to submit offers;

p. The award criteria and their weighting, unless these details are contained in the tender documents;

q. Where applicable, the reservation to award partial performances;

r. The period of validity of the offers;

s. The source for obtaining the tender documents and, if applicable, a cost-covering fee;

t. An indication of whether the procurement falls within the scope of a state contract;

u. If applicable, pre-concerned suppliers admitted to the procedure;

v. A legal remedies notice.

**1. To the extent that these details are not already included in the tender, the tender documents provide information on:**

a. Name and address of the contracting authority;

b. The subject of the procurement, including technical specifications and certificates of compliance, plans, drawings, and necessary instructions as well as information regarding the requested quantity;

c. Formal requirements and conditions of participation for bidders, including a list of information and documents that bidders must submit in connection with the participation conditions, and any weighting of the eligibility criteria;

d. The award criteria and their weighting;

e. If the contracting authority conducts the procurement electronically: any requirements for authentication and encryption in the electronic submission of information;

f. If the contracting authority provides for an electronic auction: the rules by which the auction is conducted, including the designation of those bid elements that can be adjusted and evaluated based on the award criteria;

g. The date, time, and place for the opening of the bids, if the bids are opened publicly;

h. All other modalities and conditions necessary for the preparation of the bids, in particular the indication of the currency (generally CHF) in which the bid must be submitted;

i. Deadlines for the provision of services.

1. In the open and selective procedures, as well as the invitation procedure, all bids submitted within the deadline shall be opened by at least two representatives of the contracting authority.

2. A protocol shall be drawn up regarding the opening of the bids. This protocol shall include at least the names of the persons present, the names of the bidders, the date of submission of their bids, any bid variants, as well as the total prices of the bids.

3. If the performance and price are to be submitted in two separate envelopes, the opening of the envelopes shall proceed according to paragraphs 1 and 2, whereby only the total prices will be recorded in the protocol for the opening of the second envelopes.

4. All bidders shall be granted access to the protocol upon request, at the latest after the award of the contract.

1. The principal examines the submitted offers for compliance with the formal requirements. Obvious calculation errors are corrected ex officio.

2. The principal may require the bidders to clarify their offers. He records both the inquiry and the responses in writing.

3. If an offer is received that appears unusually low in comparison to the other offers, the principal must obtain pertinent information from the bidder to determine whether the conditions of participation have been met and whether the further requirements of the tender have been understood.

4. If performance and price are to be offered in two separate envelopes, the principal first creates a ranking based on the quality of the offers. In a second step, they evaluate the total prices.

1. The principal may negotiate with the bidders regarding the offers in terms of the services and the conditions of their provision in order to determine the most advantageous offer.

2. A negotiation shall only take place if

a. only then can the contract or the offers be clarified, or the offers can be made objectively comparable according to the award criteria; or

b. changes in services are objectively and factually necessary, whereby the subject matter of the performance, the criteria, and specifications must not be altered in such a way that the characteristic performance or the pool of potential bidders is changed.

3. A request for price adjustment is permissible only in connection with the circumstances of Paragraph 2.

4. The principal shall record the results of the negotiation in a protocol.

1. Provided that the suitability criteria and technical specifications are met, the offers will be examined and evaluated objectively, uniformly, and transparently according to the award criteria. The contracting authority documents the evaluation.

2. If conducting a comprehensive examination and evaluation of the offers requires significant effort and the contracting authority has announced this in the tender, it can subject all offers to an initial examination and ranking based on the submitted documents. Based on this, the contracting authority selects, if possible, the top 3 ranked offers and subjects them to a comprehensive examination and evaluation.

1. The most advantageous offer shall be awarded the contract.

1. The contract with the selected provider may be concluded after the expiration of the appeal period against the award, unless the cantonal administrative court has granted suspensive effect to an appeal against the award.

2. If an appeal procedure against the award is pending without the suspensive effect having been requested or granted, the contracting authority shall promptly inform the court of the conclusion of the contract.

1. The contracting authority may cancel the procurement procedure, particularly if

a. it refrains from awarding the public contract for sufficient reasons;

b. no bid meets the technical specifications or other requirements;

c. more advantageous offers are expected due to altered circumstances;

d. the submitted bids do not allow for economical procurement or significantly exceed the budget;

e. there are sufficient indications of an unlawful agreement among the bidders;

f. a substantial change in the requested services becomes necessary.

2. In the event of a justified cancellation, the bidders have no claim to compensation.

1. The contracting authority may exclude a supplier from a procurement procedure, remove them from a roster or revoke an award already granted if it is determined that any of the following circumstances apply to the supplier in question, its organs, a third party engaged, or their organs

a. They do not or no longer meet the requirements for participation in the procedure, or their conduct impairs the lawful conduct of the procurement procedure;

b. The offers or requests for participation contain significant formal errors or deviate substantially from the mandatory requirements of a tender;

c. There is a final conviction for an offense to the detriment of the respective contracting authority or for a crime;

d. They are undergoing garnishment or bankruptcy proceedings;

e. They have violated regulations regarding the prevention of corruption;

f. They resist ordered inspections;

g. They do not pay due taxes or social contributions;

h. They have poorly fulfilled previous public contracts or otherwise demonstrated they are not reliable and trustworthy contracting partners;

i. They were involved in the preparation of the procurement, and the resulting competitive disadvantage of other suppliers cannot be compensated by appropriate means;

j. They have been finally excluded from future public contracts pursuant to Art. 45 para. 1.

2. Furthermore, the contracting authority may take measures under para. 1 if there are sufficient indications that one of the following circumstances applies to the supplier, its organs, a third party engaged, or their organs in particular

a. They have made false or misleading statements and information to the contracting authority;

b. Unlawful competitive agreements have been made;

c. They submit an unusually low offer without demonstrating upon request that the participation conditions are met, and do not guarantee the contract-compliant performance of the tendered services;

d. They have violated recognized professional rules or committed actions or omissions that affect their professional honor or integrity;

e. They are insolvent;

f. They disregard occupational safety regulations, working conditions, provisions on equal treatment of women and men concerning pay equality, or provisions on confidentiality, Swiss environmental legislation, or international conventions designated by the Federal Council for environmental protection;

g. They have violated notification or approval obligations under the BGSA;

h. They violate the Federal Act against Unfair Competition of December 19, 1986.

**1. The client or the legally designated authority may exclude a provider or subcontractor who, either personally or through its organs, seriously violates one or more of the provisions of Art. 44 para. 1 lit. c and e as well as para. 2 lit. b, f, and g from future public contracts for a duration of up to 5 years, or impose a fine of up to 10% of the adjusted bid amount. In minor cases, a warning may be issued.**

2. These sanctioning options apply independently of further legal actions against the culpable provider, subcontractor, or their organs. In cases of suspected prohibited competition agreements according to Art. 44 para. 2 lit. b, the client or the legally designated authority shall notify the Competition Commission.

3. The client or the legally designated authority reports a legally binding exclusion according to para. 1 to the InöB. The InöB maintains a non-public list of sanctioned providers and subcontractors, specifying the reasons for exclusion as well as the duration of exclusion from public contracts. It ensures that every client can obtain the relevant information regarding a specific provider or subcontractor. It may establish a retrieval procedure for this purpose. The federal government and the cantons share all information collected according to this article with each other. After the sanction expires, the entry is deleted from the list.

4. If a client violates this agreement, the legally designated authority issues the appropriate instructions and ensures compliance.

5. If financial contributions are granted for a public contract, such contributions can be wholly or partially withdrawn or reclaimed if the client violates procurement regulations.

1. When determining the deadlines for the submission of tenders or requests to participate, the contracting authority shall take into account the complexity of the contract, the expected number of subcontracts, as well as the transmission methods.

2. In the area of public contracts, the following minimum deadlines apply

a. in open procedures: 40 days from the publication of the call for tenders for the submission of offers;

b. in selective procedures: 25 days from the publication of the call for tenders for the submission of requests to participate and 40 days from the invitation to tender for the submission of offers.

3. An extension of these deadlines must be communicated or published in a timely manner to all providers.

4. Outside the area of public contracts, the deadline for the submission of tenders is generally at least 20 days. For largely standardized services, the deadline can be reduced to no less than 5 days.

**1. The client may reduce the minimum deadlines according to Art. 46 para. 2 to not less than 10 days in cases of proven urgency.**

2. The client may shorten the minimum offer period of 40 days according to Art. 46 para. 2 by 5 days each if

a. the tender is published electronically;

b. the tender documents are published electronically at the same time;

c. offers are received electronically.

3. The client may shorten the minimum offer period of 40 days according to Art. 46 para. 2 to not less than 10 days, provided that at least 40 days, and at most 12 months, prior to the publication of the tender, a prior notice with the following content was published

a. Subject of the intended procurement;

b. Approximate deadline for the submission of offers or requests to participate;

c. Declaration that interested suppliers should notify the client of their interest in the procurement;

d. Source of the tender documents;

e. All other information already available at this time according to Art. 35.

4. The client may shorten the minimum offer period of 40 days according to Art. 46 para. 2 to not less than 10 days if he procures services required on a recurring basis and has indicated the deadline reduction in a previous tender.

5. Furthermore, the client may, when procuring commercial goods or services, or a combination of both, in any case, reduce the deadline for submission of offers to not less than 13 days, provided that the tender documents are published electronically at the same time as the tender. If the client receives offers for commercial goods or services electronically, he may also reduce the deadline to not less than 10 days.

1. In the open and selective procedures, the contracting authority publishes the prior notice, the invitation to tender, the award of the contract, and any termination of the procedure on an internet platform for public procurement operated jointly by the federal government and the cantons. The authority also publishes awards that were made by direct agreement in the area covered by international treaties.

2. The tender documents are generally made available simultaneously and electronically. Access to these publications is free of charge.

3. The organization entrusted by the federal government and the cantons with the development and operation of the internet platform may charge fees or charges to contracting authorities, providers, and other persons who use the platform or associated services. These fees are based on the number of publications or the scope of services used.

4. For every contract in the area covered by international treaties that is not published in an official language of the World Trade Organization (WTO), the contracting authority publishes a summary of the notice in an official language of the WTO simultaneously with the invitation to tender. The summary contains at least

a. the object of the procurement;

b. the deadline for the submission of bids or requests to participate;

c. the source from which tender documents can be obtained.

5. Outside the area covered by international treaties, linguistic considerations of the region in which the contract is executed must be taken into account.

6. Awards made in the area covered by international treaties are generally to be published within 30 days. The notification includes the following information

a. type of procedure applied;

b. object and scope of the contract;

c. name and address of the contracting authority;

d. date of the award decision;

e. name and address of the successful provider;

f. total price of the successful offer, including value-added tax.

7. The cantons may provide for additional publication outlets.

1. Contracting authorities shall retain the relevant documents related to a procurement procedure for a minimum of three years from the final award of the contract.

2. The documents to be retained include

a. the call for tenders;

b. the tendering documents;

c. the protocol of the bid opening;

d. the correspondence regarding the procurement procedure;

e. the negotiation protocols;

f. decisions within the framework of the procurement procedure;

g. the accepted offer;

h. data for the traceability of the electronic processing of a procurement;

i. documentation on publicly awarded contracts given without competition in the context of state contracts.

3. All documents must be treated as confidential for the duration of their retention, unless disclosure is provided for by this agreement. The obligation to provide information shall remain, insofar as there is a legal basis for it.

1. The Cantons shall compile an electronically managed statistic concerning procurements in the area of state contracts for the previous year for the State Secretariat for Economic Affairs (SECO) within 12 months after the end of each calendar year.

2. The statistics must contain at least the following information

a. The number and total value of public contracts for each contracting authority, categorized by construction, supply, and service contracts, with an indication of the CPC or CPV classification;

b. The number and total value of public contracts awarded under a single tender procedure;

c. If no data can be provided: estimates regarding the information according to items a and b, with explanations of the estimation method used.

3. The total value must always be indicated including value-added tax.

4. The overall statistic of the SECO is publicly accessible, subject to data protection and the preservation of trade secrets.

1. The principal issues decisions through publication or individual delivery to the bidders. Bidders do not have the right to be heard legally before the issuance of the decision.

2. Appealable decisions must be briefly substantiated and accompanied by information on legal remedies.

3. The brief substantiation of an awarded contract includes

a. the type of procedure and the name of the considered bidder;

b. the total price of the considered offer;

c. the significant characteristics and advantages of the considered offer;

d. where applicable, a statement of reasons for a direct award.

4. The principal must not disclose information if

a. it would violate applicable law or harm public interests;

b. it would impair the legitimate economic interests of the bidders; or

c. it would endanger fair competition among bidders.

1. Appeals against decisions of contracting authorities are permissible at the cantonal administrative court as the sole cantonal instance, at least from the contract value relevant for the invitation procedure.

2. The Federal Court has direct jurisdiction over appeals against procurements by the upper cantonal judicial authorities.

3. Foreign providers are only permitted to lodge appeals in cases outside the scope of the state treaty area if the state in which they are domiciled grants reciprocity.

1. The following decisions are exclusively contestable by complaint

a. The announcement of the contract;

b. The decision regarding the selection of providers in a selective procedure;

c. The decision regarding the inclusion of a provider in a directory or the removal of a provider from a directory;

d. The decision on recusal requests;

e. The award of the contract;

f. The revocation of the award;

g. The termination of the procedure;

h. The exclusion from the procedure;

i. The imposition of a sanction.

2. Provisions in the tender documents, whose significance is apparent, must be contested together with the announcement.

3. The provisions of this agreement regarding the right to be heard during administrative proceedings, the suspensive effect, and the restriction of grounds for appeal do not apply to complaints against the imposition of a sanction.

4. Decisions under paragraph 1 letters c and i can be contested by complaint regardless of the contract value.

5. Otherwise, legal protection against decisions under this agreement is excluded.

6. Complaints against the conclusion of individual contracts according to Article 25 paragraphs 4 and 5 are excluded.

1. The appeal does not have a suspensive effect.

2. The cantonal administrative court may grant a suspensive effect to an appeal upon request if the appeal appears to be sufficiently justified and there are no overriding public interests opposed to it. Generally, only one exchange of written submissions takes place regarding the question of suspensive effect.

3. An abusive or bad faith request for suspensive effect will not be protected. Claims for damages by the client and the selected provider are to be adjudicated by the civil courts.

1. The procedure for injunctions and complaints shall be governed by the provisions of cantonal laws on administrative justice, insofar as this agreement does not specify otherwise.

1. Complaints must be submitted in writing and substantiated within 20 days from the issuance of the decision.

2. Court holidays do not apply.

3. The following can be challenged with the complaint

a. Legal violations, including overreach or abuse of discretion; and

b. Incorrect or incomplete determination of the legally relevant facts.

4. The appropriateness of a decision cannot be reviewed in the context of an appeal procedure.

5. Appeals against awards in direct procurement procedures can only be made by those who can prove they can and want to deliver the requested services or substitutable services. It can only be claimed that the direct procurement procedure was wrongly applied or that the award was granted due to corruption.

1. There is no entitlement to file inspection in the provisional proceedings.

2. In the appeal proceedings, the appellant is to be granted access to the assessment of their offer and other decision-relevant procedural files upon request, unless overriding public or private interests oppose it.

1. The appeals instance may decide on the matter itself or refer it back to the lower instance or the contracting authority. In the event of a referral, it must provide binding instructions.

2. If the appeal is found to be justified and the contract with the selected provider has already been concluded, the appeals instance determines the extent to which the contested decision violates applicable law.

3. Simultaneously with the determination of the legal violation, the appeals instance decides on any potential claim for damages.

4. The compensation is limited to the necessary expenses incurred by the provider in connection with the preparation and submission of their offer.

1. If the appellate instance is to decide on a request for revision, Article 58 paragraph 2 shall apply mutatis mutandis.

1. Monitoring Switzerland's international obligations in the field of public procurement is the responsibility of the Federal-Cantonal Procurement Commission (FCPC). This commission is composed equally of representatives from the Confederation and the cantons. The Secretariat is provided by the State Secretariat for Economic Affairs (SECO).

2. The FCPC particularly performs the following tasks

a. Developing Switzerland's position in international forums for submission to the Federal Council and advising Swiss negotiation delegations;

b. Promoting the exchange of information and experiences between the Confederation and the cantons, and preparing recommendations concerning the implementation of international obligations into Swiss law;

c. Maintaining relations with foreign supervisory authorities;

d. Providing advice and mediation in individual cases of disputes related to matters according to letters a-c.

3. If there are indications that Switzerland's international obligations regarding public procurement are being violated, the FCPC may intervene with the federal or cantonal authorities and prompt them to clarify the facts and take necessary measures in the event of identified issues.

4. The FCPC may prepare reports or commission experts to do so.

5. It establishes its own rules of procedure. These require the approval of the Federal Council and the Inter-Cantonal Organization for Public Procurement (InöB).

1. The members of the cantons involved in the agreement within the Swiss Conference of Directors of Public Works, Planning, and Environmental Protection (BPUK) constitute the Intercantonal Body for Public Procurement (InöB).

2. The InöB, in particular, undertakes the following tasks

a. Issuing this agreement;

b. Amending this agreement subject to the approval of the participating cantons;

c. Adjusting the threshold values;

d. Proposing to the Federal Council exemptions from the application of this agreement and receiving related requests from contracting authorities according to Art. 7 Para. 1 (Opt-out Clause);

e. Monitoring the implementation of this agreement by the cantons and designating a supervisory body;

f. Maintaining the list of sanctioned providers and subcontractors in accordance with Art. 45 Para. 3;

g. Regulating the organization and procedure for the application of this agreement;

h. Acting as a contact point within the framework of international agreements;

i. Appointing the cantonal delegates to national and international bodies as well as approving the respective rules of procedure.

3. The InöB makes its decisions with a 3/4 majority of those present, provided that at least half of the participating cantons are represented. Each participating canton has one vote, which is exercised by a member of the cantonal government.

4. The InöB collaborates with the conferences of heads from the affected cantonal departments, with the specialized conferences of the cantons, and with the federal government.

1. The Cantons oversee the compliance with this agreement.

2. The InöB handles reports from Cantons concerning the compliance with this agreement by other Cantons.

3. Private individuals may submit reports to the InöB regarding the compliance with this agreement by the Cantons. Such reports do not confer party rights or entitlement to a decision.

4. The InöB issues regulations in this regard.

1. Each canton may accede to the agreement by declaring its accession to the InöB.

2. Withdrawal may occur at the end of a calendar year. Notice of withdrawal must be given to the InöB six months in advance.

3. Accession, withdrawal, as well as amendments or termination of this agreement, shall be communicated to the Federal Chancellery by the InöB.

4. The cantons may, in compliance with Switzerland's international obligations, issue implementing provisions, in particular concerning Articles 10, 12, and 26.

1. Procurement procedures initiated before the entry into force of this agreement shall be concluded in accordance with the previous law.

2. In the event of a canton withdrawing, this agreement shall apply to the awarding of public contracts that are advertised before the end of the calendar year in which the withdrawal becomes effective.

1. This Agreement shall enter into force as soon as it has been joined by 2 cantons. The entry into force shall be communicated to the Federal Chancellery by the InöB.

2. For cantons that have not joined this Agreement, the Agreement of March 15, 2001, shall continue to apply.