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 list, or revoke an already awarded contract if it is determined that one of the following circumstances applies to the supplier, its organs, a third party involved, or their organs

a. they do not or no longer meet the requirements for participation in the procedure, or their behavior affects the lawful conduct of the procurement procedure;

b. the offers or applications for participation exhibit significant formal errors or substantially deviate from the binding 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 involved in attachment or bankruptcy proceedings;

e. they have violated anti-corruption regulations;

f. they resist ordered checks;

g. they do not pay due taxes or social contributions;

h. they have inadequately fulfilled previous public contracts or have otherwise shown themselves not to be reliable and trustworthy contractual partners;

i. they were involved in the preparation of the procurement, and the resulting competitive disadvantage for the other suppliers cannot be offset by suitable means;

j. they have been legally excluded from future public contracts pursuant to Article 45 paragraph 1.

2. Furthermore, the contracting authority may take measures according to paragraph 1 if there are sufficient indications that one of the following circumstances applies to the supplier, its organs, a third party involved, or their organs, in particular

a. they have made false or misleading statements and information to the contracting authority;

b. unlawful collusive agreements have been made;

c. they submit an unusually low offer without demonstrating upon request that the participation conditions are met and provide no assurance for the contract-compliant performance of the advertised services;

d. they have violated recognized professional rules or committed acts or omissions that impair their professional honor or integrity;

e. they are insolvent;

f. they disregard occupational safety regulations, working conditions, the provisions on equal treatment of women and men regarding equal pay, or the provisions on confidentiality, Swiss environmental law, or the international agreements designated by the Federal Council for the protection of the environment;

g. they have violated reporting or approval obligations under the BGSA;

h. they violate the Federal Act against Unfair Competition of 19 December 1986.

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