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733b IVÖBAIMPCIAP CH-LU

Art. 14 Intercantonal Agreement on Public Procurement (IVöB) - Prior Involvement

General Principles
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Art. 14 IVöB - Prior Involvement · Prior Involvement

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.

← Art. 13 IVöB - Recusal Intercantonal Agreement on Public Procurement (IVöB) - Subject Matter Art. 15 IVöB →

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Court Decisions Applying This Provision (2)

V 11 75 · lu (Art. 14 Abs. 1 IVöB)
Procurement Award Decision Unlawful Due to Premature Contract Conclusion; Review Limited to Award Stage
Cited as the legal basis for finding the contract signing during the appeal period inadmissible.
V 03 50 · lu (Art. 14 IVöB)
Premature Public Procurement Contract Nullifies Award Decision
Cited as the basis for prohibiting contract conclusion before the appeal period ends, the violation of which justifies the final order.