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

1. No individuals may participate in the procurement procedure on behalf of the contracting authority or an expert panel if they

a. have a personal interest in a contract;

b. are connected to a supplier or a member of its governance body through marriage, registered partnership, or a de facto partnership;

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

d. represent a supplier or have acted for a supplier in the same matter; or

e. otherwise lack the independence required for the conduct of public procurement due to other circumstances.

2. A request for disqualification must be made immediately upon awareness of the grounds for disqualification.

3. The contracting authority or expert panel decides on requests for disqualification, excluding the concerned individual from the decision-making process.

4. The contracting authority may stipulate in the tender that suppliers who have a disqualifying relationship with a jury member in competitions and study contracts are excluded from participation in the procedure.

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