Art. 4 Intercantonal Agreement on Public Procurement (IVöB) - Contracting Authority

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.

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