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Art. 15 Intercantonal Agreement on Public Procurement (IVöB) - Determination of Contract Value

General Principles
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Art. 15 IVöB · Determination of Contract Value

1. The client estimates the anticipated contract value.

2. A public contract shall not be divided in order to circumvent the provisions of this agreement.

3. For the estimation of the contract value, the entirety of the services or remunerations to be put out to tender, insofar as they are substantively or legally closely related, must be considered. All components of the remunerations must be included, including renewal options and options for follow-up contracts, as well as all expected premiums, fees, commissions, and interest, excluding value-added tax.

4. For fixed-term contracts, the contract value is calculated based on the cumulative remunerations over the fixed term, including any renewal options. The fixed term shall generally not exceed 5 years. In justified cases, a longer term may be provided for.

5. For contracts with an indefinite term, the contract value is calculated based on the monthly remuneration multiplied by 48.

6. For contracts for recurring services, the contract value is calculated based on the remuneration for such services during the last 12 months or, for a first-time assignment, based on the estimated requirements over the next 12 months.

← Art. 14 IVöB - Prior Involvement Intercantonal Agreement on Public Procurement (IVöB) - Subject Matter Art. 16 IVöB - Threshold Values →

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Court Decisions Applying This Provision (2)

7H 21 231 · lu (Art. 15 Abs. 1bis lit. c IVöB)
Administrative Court Upholds Selection in Architectural Procurement Challenge
This provision concerns the appealability of the decision on prequalification in a selective tendering procedure, although the final decision to dismiss the appeal is based on the lack of material flaw according to the review criteria.
7H 15 226 · lu (Art. 15 Abs. 1bis lit. e IVöB)
Procurement Award Rescinded Due to Concealed Legal Non-Compliance
The court mentioned this provision as the legal basis allowing the revocation of an award decision.