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420.121 IVÖB CH-BL

Art. 13 Intercantonal Agreement on Public Procurement (IVöB) - Recusal

General Principles
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Art. 13 IVöB - Recusal · Recusal

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.

← Art. 12 IVöB Intercantonal Agreement on Public Procurement (IVöB) - Subject Matter Art. 14 IVöB - Prior Involvement →

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Court Decisions Applying This Provision (5)

2006.12 · bl (Art. 13 lit. f IVöB)
Unrealistic Price Evaluation Curve Leads to Bid Award Annulment
Cited as a basis for the obligation to publish award criteria and their order of importance.
810.06.61 · bl (Art. 13 lit. f IVöB)
Unrealistic Price Scoring Distorts Contract Award
Cited as the basis for the requirement that cantonal implementing provisions should contain suitable award criteria ensuring the award goes to the most economically advantageous tender.
2005.34 · bl (Art. 13 lit. f IVöB)
Public Procurement Authority's Hidden Evaluation Matrix Violates Transparency
This provision, from an intercantonal agreement, requires cantonal implementing provisions to include suitable award criteria that ensure the award goes to the most economically advantageous offer. The court cited it in relation to the Federal Court's interpretation of transparency in award criteria.
2005.36 · bl (Art. 13 lit. f IVöB)
Low Bid Award Upheld: Economically Most Advantageous Offer Prioritized
Determines that implementing provisions should contain suitable award criteria that ensure the award goes to the economically most advantageous offer.
810.04.125 · bl (Art. 13 lit. f IVöB)
Exclusion of Lowest Bid Requires Proof of Unlawful Conduct
Ensures that award criteria lead to the economically most advantageous offer.