Art. 44 Intercantonal Agreement on Public Procurement (IVöB) - Exclusion from the Procedure and Revocation of the Award

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.

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