Intercantonal Agreement on Public Procurement (IVöB) - Subject Matter (IVÖB)

1. This Agreement applies to the awarding of public contracts by subordinate contracting authorities both within and outside the scope of the State Treaty area.

1. This Agreement aims to

a. ensure the economic and macroeconomic, ecological, and socially sustainable use of public funds;

b. enhance the transparency of the procurement process;

c. ensure equal treatment and non-discrimination of bidders;

d. promote effective and fair competition among bidders, particularly through measures against unlawful collusion and corruption.

1. In this Agreement, the following terms shall mean

a. Supplier: a natural or legal person under private or public law or a group of such persons who offer services, seek participation in a public tender, apply for the transfer of a public task or the granting of a concession;

b. Public undertaking: an enterprise over which governmental authorities may exercise, directly or indirectly, a dominant influence due to ownership, financial participation, or applicable regulations; a dominant influence is assumed if the enterprise is primarily financed by the state or other public undertakings, if it is subject to management oversight by the state or other public undertakings, or if its administrative, managerial, or supervisory body consists predominantly of members appointed by the state or by other public undertakings;

c. Treaty sector: the scope of Switzerland's international public procurement obligations;

d. Employment conditions: mandatory provisions of the Swiss Code of Obligations dated March 30, 1911, concerning employment contracts, normative provisions of collective labor agreements and standard employment contracts, or in their absence, the customary local and industry-specific employment conditions;

e. Occupational health and safety provisions: regulations under public labor law, including the provisions of the Labor Act dated March 13, 1964, the relevant implementing regulations, and the provisions on accident prevention;

f. Public law institution: any institution that

1. was established for the specific purpose of fulfilling tasks in the public interest unrelated to commercial activities;

2. possesses legal personality; and

3. is predominantly financed by the state, local authorities, or other public law institutions, is subject to their oversight in terms of management, or has an administrative, managerial, or supervisory body predominantly consisting of members appointed by the state, local authorities, or other public law institutions;

g. Governmental authorities: the state, local authorities, public law institutions, and associations composed of one or more such bodies or institutions.

1. In the area of intergovernmental agreements, this agreement applies to state authorities as well as central and decentralized administrative units, including public law entities at the cantonal, district, and municipal levels under cantonal and municipal law, with the exception of their commercial activities.

2. In the area of intergovernmental agreements, this agreement also applies to state authorities and public and private enterprises that provide public services and are endowed with exclusive or special rights, as far as they engage in activities in one of the following sectors in Switzerland

a. Providing or operating fixed networks for the supply of the public in connection with the production, transport or distribution of drinking water or supplying these networks with drinking water;

b. Providing or operating fixed networks for the supply of the public in connection with the production, transmission or distribution of electric energy or supplying these networks with electric energy;

c. Operating networks for the supply of the public in the area of transportation by urban rail, automated systems, tram, trolleybus, bus or cable car;

d. Supplying transportation companies in air transport with airports or other terminal facilities;

e. Supplying transportation companies in inland waterway transport with ports or other terminal facilities;

f. Providing or operating railways including the traffic conducted on them;

g. Providing or operating fixed networks for the supply of the public in connection with the production, transport or distribution of gas or heat or supplying these networks with gas or heat; or

h. Utilizing a geographically delineated area for the purpose of exploring or extracting oil, gas, coal or other solid fuels.

3. The contracting authorities under paragraph 2 are subject to this agreement only when procuring for the described field of activity, but not for their other activities.

4. Outside the area of intergovernmental agreements, this agreement also applies to

a. other entities responsible for cantonal and municipal tasks, with the exception of their commercial activities;

b. objects and services that are subsidized by public funds for more than 50 percent of the total costs.

5. If a third party conducts the award of a public contract for one or more contracting entities, this third party is subject to this agreement in the same manner as the contracting entity it represents.

1. If multiple procuring entities subject to federal law and this agreement participate in a procurement, the law of the community whose procuring entity bears the largest portion of the financing shall apply. If the cantonal share overall exceeds the federal share, this agreement shall apply.

2. If multiple procuring entities subject to this agreement participate in a procurement, the law of the canton with the largest share of the financing shall apply.

3. Procuring entities involved in a procurement may, by mutual agreement, subject a joint procurement to the law of any participating procuring entity, deviating from the aforementioned principles.

4. A procurement whose execution does not take place within the legal jurisdiction of the procuring entity is subject to the law either at the seat of the procuring entity or at the place where the services are primarily rendered, as chosen.

5. A procurement by a joint body is subject to the law at the seat of that body. If no such seat exists, the law at the place where the services are primarily rendered applies.

6. Public or private enterprises with exclusive or special rights granted by the Confederation, or that perform tasks in the national interest, may choose whether to subject their procurements to the law at their seat or to federal law.

1. Under this agreement, providers from Switzerland are permitted to offer their services, as well as providers from countries with which Switzerland has contractually committed to grant market access, the latter within the framework of mutually undertaken obligations.

2. Outside the scope of international treaties, foreign providers from countries are permitted to offer their services to the extent that these countries offer reciprocity, or as permitted by the contracting authority.

3. The Federal Council shall maintain a list of countries that have committed to granting market access to Switzerland. This list shall be updated periodically.

4. The cantons may conclude agreements with border regions and neighboring states.

1. If effective competition exists in a sector market according to Article 4, paragraph 2, the Intercantonal Agency for Public Procurement (InöB) may propose to the Federal Council to exempt the respective procurements, in whole or in part, from the application of this agreement. Procuring entities operating in the affected sector market are entitled to submit a relevant request to the InöB.

2. An exemption applies to the respective procurements of all procuring entities operating in the affected sector market.

1. A public contract is an agreement concluded between a contracting authority and a supplier, serving the fulfillment of a public task. It is characterized by its remunerative nature and the exchange of performance and counter-performance, wherein the characteristic performance is rendered by the supplier.

2. The following performances are distinguished

a. Construction works (main and ancillary construction trades);

b. Deliveries;

c. Services.

3. Mixed contracts consist of different performances as outlined in paragraph 2 and form a single business transaction. The qualification of the overall transaction follows the financially predominant performance. Performances must not be mixed or bundled with the intention or effect of circumventing the provisions of this agreement.

1. The transfer of a public task or the granting of a concession is considered a public contract if it grants the provider exclusive or special rights to be exercised in the public interest, and if the provider receives compensation or remuneration directly or indirectly. Special statutory provisions of federal and cantonal law take precedence.

1. This Agreement does not apply to

a. the procurement of services with respect to commercial sale or resale or with respect to use in the production or offering of services for commercial sale or resale;

b. the acquisition, rental, or leasing of land, buildings, and facilities, as well as the corresponding rights thereto;

c. the allocation of financial aid;

d. contracts for financial services related to the issuance, purchase, sale, transfer, or administration of securities or other financial instruments, as well as services of central banks;

e. orders to institutions for the disabled, labor integration organizations, charitable institutions, and penal institutions;

f. contracts relating to personnel law;

g. the public-law pension institutions of the cantons and municipalities.

2. This Agreement also does not apply to the procurement of services

a. from providers who have an exclusive right to provide such services;

b. from other legally independent contracting authorities that are themselves subject to procurement law, insofar as these contracting authorities do not provide these services in competition with private providers;

c. from dependent organizational units of the contracting authority;

d. from providers over whom the contracting authority exercises control comparable to that over its own departments, insofar as these companies provide their services essentially for the contracting authority.

3. This Agreement also does not apply to public contracts,

a. where necessary for the protection and maintenance of external or internal security or public order;

b. as far as necessary for the protection of human health or life, or for the protection of animal and plant life;

c. insofar as their tendering would infringe intellectual property rights.

1. In the awarding of public contracts, the contracting authority shall observe the following procedural principles

a. It shall conduct procurement procedures transparently, objectively, and impartially;

b. It shall implement measures against conflicts of interest, illegal collusion, and corruption;

c. It shall ensure equal treatment of all bidders at all stages of the procedure;

d. It shall refrain from conducting bidding rounds;

e. It shall maintain the confidentiality of the bidders' information.

1. For services to be provided domestically, the contracting authority shall award a public contract only to providers that comply with the relevant domestic occupational safety provisions and working conditions, the notification and authorization obligations pursuant to the Federal Act against Undeclared Work (BGSA) of June 17, 2005, as well as the provisions on equal treatment of women and men with respect to pay equality.

2. For services to be provided abroad, the contracting authority shall award a public contract only to providers that comply with at least the core conventions of the International Labour Organization (ILO) as set out in Annex 3. The contracting authority may additionally require adherence to other significant international labor standards and request corresponding proof, as well as agree on inspections.

3. The contracting authority shall award a public contract only to providers that comply with at least the applicable legal regulations at the place of performance for the protection of the environment and the preservation of natural resources; domestically, this includes the provisions of Swiss environmental law, and abroad, the international agreements designated by the Federal Council for the protection of the environment as set out in Annex 4.

4. Subcontractors are required to comply with the requirements set forth in paragraphs 1 to 3. These obligations must be incorporated into the agreements between the providers and the subcontractors.

5. The contracting authority may verify compliance with the requirements under paragraphs 1 to 3 or delegate the verification to third parties, provided this task is not assigned to a special statutory authority or another suitable entity, especially a joint monitoring body. For conducting these verifications, the contracting authority may provide the authority or monitoring body with the required information and documentation. Upon request, the provider must provide the necessary proof.

6. The authorities and monitoring bodies involved in ensuring compliance with the requirements under paragraphs 1 to 3 shall report to the contracting authority on the results of the inspections and any measures taken.

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.

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.

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.

1. The choice of procedure depends on whether a contract reaches a threshold value according to Annexes 1 and 2. The InöB periodically adjusts the thresholds in consultation with the Federal Council in accordance with international obligations.

2. In the event of an adjustment of international obligations regarding threshold values, the Confederation guarantees the cantons' participation.

3. If the total value of several construction services for the realization of a building reaches the threshold value of the treaty area, the provisions of this agreement for procurements in the treaty area apply. However, if the values of the individual services do not reach two million Swiss francs and the combined value of these services does not exceed 20 percent of the total value of the building, the provisions for procurements outside the treaty area apply to these services (de minimis clause).

4. Outside the treaty area, the relevant procedure for construction services is determined based on the value of the individual services.

1. Depending on the contract value and the threshold values, public contracts are awarded at the discretion of the contracting authority either through open procedures, selective procedures, invitation procedures, or negotiated procedures.

1. In the open procedure, the contracting authority publicly invites tenders for the contract.

2. All providers can submit a bid.

1. In the selective procedure, the contracting authority publicly announces the contract and invites providers to initially submit a request for participation.

2. The contracting authority selects the providers who are permitted to submit a bid based on their suitability.

3. The contracting authority may limit the number of providers allowed to submit a bid as long as effective competition is ensured. Whenever possible, at least three providers should be permitted to submit a bid.

1. The invitation procedure is applicable for public contracts outside the scope of the international treaty, in accordance with the threshold values of Annex 2.

2. In the invitation procedure, the contracting authority determines which providers it wishes to invite to submit a bid without a public tender. For this purpose, it prepares tender documents. Wherever possible, at least three bids are obtained.

1. In the informal procedure, the contracting authority awards a public contract directly without a public tender. The contracting authority is authorized to request comparative offers and to conduct negotiations.

2. The contracting authority may award a contract without regard to the threshold value informally if one of the following conditions is met

a. no bids or applications for participation are received in the open, selective, or invited tender procedures, no bid meets the essential requirements of the call for tenders or the technical specifications, or no provider meets the suitability criteria;

b. there are sufficient indications that all bids received in the open, selective, or invited tender procedures are based on an unlawful collusion;

c. due to the technical or artistic specificities of the contract or for reasons of intellectual property protection, only one provider is suitable, and there is no reasonable alternative;

d. due to unforeseeable events, procurement becomes so urgent that even with shortened deadlines, neither an open nor a selective procedure, nor an invited tender procedure can be carried out;

e. a change of provider for replacement, supplementary, or extension of already rendered services is impossible for economic or technical reasons, would cause significant difficulties, or result in substantial additional costs;

f. the contracting authority procures first editions (prototypes) or novel services that are manufactured or developed at its request within the framework of a research, trial, study, or new development contract;

g. the contracting authority procures services at commodity exchanges;

h. the contracting authority can procure services as part of a favorable, time-limited opportunity at a price significantly below usual market prices (especially in liquidation sales);

i. the contracting authority awards the follow-up contract to the winner of a design or total services competition or selection procedure for design or total services studies; the following conditions must be met

1. the preceding procedure was conducted in accordance with the principles of the agreement;

2. the proposals were evaluated by an independent panel of experts;

3. the contracting authority has reserved the right in the tender to award the follow-up contract or coordination informally.

3. The contracting authority shall prepare a documentation for each contract awarded under paragraph 2 containing the following

a. Name of the contracting authority and the selected provider;

b. Type and value of the procured service;

c. Explanation of the circumstances and conditions justifying the application of the informal procedure.

1. The principal, who conducts a planning or total service competition or awards study contracts, shall regulate the procedure in individual cases within the framework of the principles of this agreement. He may refer to relevant provisions of professional associations.

1. The contracting authority may conduct an electronic auction for the procurement of standardized services within the framework of a procedure under this agreement. Offers are revised after an initial comprehensive evaluation and re-ordered using electronic means and possibly multiple rounds. This must be indicated in the call for tenders.

2. The electronic auction covers

a. the prices if the contract is awarded to the lowest overall price; or

b. the prices and the values for quantifiable components such as weight, purity, or quality if the contract is awarded to the most advantageous offer.

3. The contracting authority checks whether the providers meet the suitability criteria and whether the offers fulfill the technical specifications. An initial evaluation of the offers is conducted based on the award criteria and their predetermined weighting. Before the auction begins, the contracting authority provides each provider with

a. the automatic evaluation method, including the mathematical formula based on the stated award criteria;

b. the result of the initial evaluation of their offer; and

c. any other relevant information necessary for conducting the auction.

4. All approved providers are invited simultaneously and electronically to submit new or adjusted offers. The contracting authority may limit the number of approved providers, provided this has been disclosed in the call for tenders or the tender documents.

5. The electronic auction may encompass several successive rounds. The contracting authority informs all providers about their respective rankings in each round.

1. In the case of complex contracts, intellectual services, or the procurement of innovative services, a contracting authority may conduct a dialogue within the framework of an open or selective procedure with the aim of defining the subject matter of the service as well as identifying and determining the solutions or methods. The dialogue must be mentioned in the invitation to tender.

2. The dialogue may not be conducted for the purpose of negotiating prices and total prices.

3. The contracting authority sets out and explains its needs and requirements in the invitation to tender or in the tender documents. It also announces

a. the procedure of the dialogue;

b. the possible contents of the dialogue;

c. whether and how participation in the dialogue and the use of intellectual property rights, as well as the provider's knowledge and experience, will be compensated;

d. the deadlines and modalities for submitting the final offer.

4. The contracting authority may reduce the number of participating providers based on objective and transparent criteria.

5. The contracting authority documents the procedure and content of the dialogue in an appropriate and comprehensible manner.

1. The client may issue requests for proposals from one or more suppliers, aiming to establish the conditions for services to be procured over a specified period, particularly concerning their price and, where applicable, the projected quantities. Based on such a framework agreement, the client may enter into individual contracts during its term.

2. Framework agreements must not be used with the intent or effect of hindering or eliminating competition.

3. The duration of a framework agreement shall not exceed five years. Automatic extension is not permissible. In justified cases, a longer duration may be provided for.

4. If a framework agreement is concluded with only one supplier, the individual contracts based on this framework agreement shall be concluded in accordance with the terms of the framework agreement. To conclude the individual contracts, the client may require the respective contracting party in writing to complete their offer.

5. If framework agreements are concluded with several suppliers for sufficient reasons, the conclusion of individual contracts is made at the discretion of the client either in accordance with the terms of the respective framework agreement without a new call for tenders or according to the following procedure

a. Before concluding each individual contract, the client consults the contracting parties in writing and informs them of the specific requirement;

b. The client sets a reasonable deadline for the contracting parties to submit offers for each individual contract;

c. The offers must be submitted in writing and are binding for the period specified in the request;

d. The client concludes the individual contract with the contracting party that submits the best offer based on the criteria defined in the solicitation documents or the framework agreement.

1. The client ensures within the framework of the procurement procedure and during the provision of the awarded services that the provider and its subcontractors fulfill the eligibility criteria, specifically the requirements according to Article 12, have paid the due taxes and social insurance contributions, and refrain from unlawful competition agreements.

2. The client may require the provider to demonstrate compliance with the eligibility criteria, particularly through a self-declaration or inclusion in a registry.

3. The client specifies in the tender or in the tender documents at what point in time which evidence must be submitted.

1. The contracting authority shall definitively establish the criteria for the suitability of the bidder in the call for tenders or in the tender documents. These criteria must be objectively necessary and verifiable in regard to the procurement project.

2. The suitability criteria may particularly pertain to the bidder's professional, financial, economic, technical, and organizational capabilities as well as the bidder's experience.

3. The contracting authority shall indicate in the call for tenders or in the tender documents at what point in time and which evidence must be submitted.

4. It shall not be a condition that the bidder has already received one or more public contracts from a contracting authority subject to this agreement.

1. The client or the authority responsible by legal order can maintain a register of suppliers who, due to their suitability, fulfill the requirements for taking on public contracts.

2. The following information must be published on the internet platform of the federal and cantonal governments

a. Reference location of the register;

b. Information on the criteria to be met;

c. Examination methods and registration conditions;

d. Duration of validity and procedure for renewal of entry.

3. A transparent procedure must ensure that the submission of applications, the examination or re-examination of suitability, as well as the registration or removal of an applicant from the register, is possible at any time.

4. In a specific procurement project, suppliers who are not listed in a register are also permitted, provided they provide proof of suitability.

5. If the register is abolished, the suppliers listed in it will be informed.

1. The contracting authority evaluates the offers based on performance-related award criteria. In addition to the price and quality of a service, it may specifically consider criteria such as suitability, deadlines, technical value, cost-effectiveness, lifecycle costs, aesthetics, sustainability, plausibility of the offer, creativity, customer service, delivery conditions, infrastructure, level of innovation, functionality, readiness to provide service, expertise, or efficiency of the methodology.

2. Outside the scope of the state contract area, the contracting authority may additionally consider to what extent the provider offers training positions for apprentices in basic vocational education, jobs for older employees, or reintegration for the long-term unemployed.

3. The contracting authority announces the award criteria and their weighting in the call for tenders or the tender documents. If solutions, solution paths, or procedures are the subject of the procurement, disclosure of the weighting may be waived.

4. For standardized services, the award may be based exclusively on the criterion of the lowest price.

1. The principal specifies the necessary technical specifications in the invitation to tender or in the tender documents. These define the characteristics of the procurement object such as function, performance, quality, safety, and dimensions or production processes, and regulate the requirements for labeling and packaging.

2. When establishing the technical specifications, the principal relies, as far as possible and appropriate, on international standards, otherwise on technical regulations used in Switzerland, recognized national standards, or industry recommendations.

3. Specific companies or brands, patents, copyrights, designs, or types as well as references to a particular origin or specific producers are not permissible as technical specifications, unless there is no other sufficiently precise or comprehensible way of describing the services, and in this case, the principal includes the words "or equivalent" in the tender documents. The equivalence must be proven by the provider.

4. The principal may provide for technical specifications for the preservation of natural resources or the protection of the environment.

1. Joint ventures and subcontractors are permitted, unless the contracting authority excludes or limits them in the invitation to tender or in the tender documents.

2. Multiple applications from subcontractors or from bidders within the framework of joint ventures are only possible if they are expressly permitted in the invitation to tender or in the tender documents.

3. The characteristic service must, as a rule, be performed by the provider.

1. The supplier must submit a comprehensive offer for the procurement item.

2. The contracting authority may divide the procurement item into lots and award them to one or more suppliers.

3. If the contracting authority has formed lots, suppliers may submit an offer for several lots, unless the contracting authority has stipulated otherwise in the tender. It can specify that an individual supplier may receive only a limited number of lots.

4. If the contracting authority reserves the right to require suppliers to cooperate with third parties, it will announce this in the tender.

5. The contracting authority may reserve the right in the tender to award partial services.

1. Providers are free to propose variants in addition to the offer of the service described in the tendering procedure. The contracting authority may restrict or exclude this possibility in the tender.

2. A variant is considered any offer that can achieve the procurement objective in a manner different than that envisioned by the contracting authority.

1. Offers and applications for participation must be submitted in writing, completely and in a timely manner, in accordance with the specifications in the invitation to tender or in the tender documents.

2. They may be submitted electronically if this is provided for in the invitation to tender or in the tender documents, and if the requirements defined by the contracting authority are met.

1. The publication of a call for tenders shall contain at least the following information

a. Name and address of the contracting authority;

b. Type of contract and procedure, as well as the relevant CPV classification, and for services, the relevant CPC classification;

c. Description of the services, including type and quantity, or if the quantity is unknown, an estimate thereof, as well as any options;

d. Place and time of performance;

e. If applicable, division into lots, limitation on the number of lots, and acceptance of partial bids;

f. If applicable, limitation or exclusion of bidding consortia and subcontractors;

g. If applicable, limitation or exclusion of variants;

h. For services needed on a recurring basis, if possible, an indication of the timing of the subsequent call for tenders and, where applicable, a note that the deadline for bids will be shortened;

i. If applicable, a note that an electronic auction will take place;

j. If applicable, the intention to conduct a dialogue;

k. The deadline for submitting bids or applications for participation;

l. Formal requirements for submitting bids or applications for participation, if applicable, the requirement that performance and price be offered in two separate envelopes;

m. Language or languages of the procedure and the bid;

n. The suitability criteria and required evidence;

o. In a selective procedure, if applicable, the maximum number of bidders to be invited to submit offers;

p. The award criteria and their weighting, unless these details are included in the tender documents;

q. If applicable, the reservation to award partial services;

r. The validity period of the bids;

s. The source for obtaining the tender documents and, if applicable, a cost-covering fee;

t. An indication of whether the procurement falls within the scope of state contracts;

u. If applicable, pre-engaged suppliers admitted to the procedure;

v. Information on legal remedies.

1. To the extent that this information is not already included in the call for tenders, the tender documents provide details on

a. Name and address of the contracting authority;

b. the subject of the procurement, including technical specifications and certificates of conformity, plans, drawings, and necessary instructions, as well as details of the required quantity;

c. formal requirements and conditions for participation for the bidders, including a list of information and documents that bidders must submit in connection with the conditions of participation, as well as any weighting of the suitability criteria;

d. the award criteria and their weighting;

e. if the contracting authority conducts the procurement electronically: any requirements for authentication and encryption during the electronic submission of information;

f. if the contracting authority foresees an electronic auction: the rules according to which the auction will be conducted, including the identification of those bid elements that can be adjusted and evaluated based on the award criteria;

g. the date, time, and location for the opening of bids, if the bids are to be opened publicly;

h. all other modalities and conditions required for submitting bids, particularly the indication of the currency (usually Swiss Francs) in which the bid must be submitted;

i. deadlines for the provision of services.

1. In the open and selective procedures, as well as in the invitation procedures, all timely submitted bids are opened by at least two representatives of the contracting entity.

2. A record of the opening of the bids is prepared. This record must include at least the names of the persons present, the names of the bidders, the date of submission of their bids, any variations in the bids, and the respective total prices of the bids.

3. If performance and price are to be offered in separate envelopes, the opening of the envelopes shall proceed according to paragraphs 1 and 2, whereby only the total prices are to be recorded in the record of the opening of the second envelopes.

4. All bidders shall be granted access to the record upon request at the latest after the contract award.

1. The principal examines the submitted bids for compliance with the formal requirements. Apparent calculation errors are corrected ex officio.

2. The principal may require the bidders to clarify their bids. He documents the inquiry and the answers in writing.

3. If a bid is received with a price that appears unusually low compared to other bids, the principal must obtain appropriate inquiries from the bidder to determine whether the conditions of participation have been met and the further requirements of the call for tenders are understood.

4. If performance and price are to be submitted in separate envelopes, the principal first creates a ranking list based on the quality of the bids. In a second step, he evaluates the total prices.

1. The client may reconcile the offers with the providers regarding the services and the modalities of their performance, in order to determine the most advantageous offer.

2. A reconciliation takes place only if

a. this is necessary to clarify the contract or the offers, or to make the offers objectively comparable according to the award criteria; or

b. changes to services are objectively and factually necessary, wherein the subject matter of the services, criteria, and specifications must not be modified in such a way that it alters the characteristic performance or the potential pool of providers.

3. A request for price adjustment is only permissible in connection with the circumstances outlined in paragraph 2.

4. The client records the results of the reconciliation in a protocol.

1. Provided that the suitability criteria and the technical specifications are met, the offers will be examined and evaluated objectively, consistently, and transparently according to the award criteria. The contracting authority documents the evaluation.

2. If the comprehensive examination and evaluation of the offers require significant effort and the contracting authority has announced this in the invitation to tender, it may subject all offers to an initial examination and ranking based on the submitted documents. On this basis, it will select, if possible, the three highest-ranked offers and subject them to a comprehensive examination and evaluation.

1. The most advantageous offer shall be awarded the contract.

1. The contract with the selected provider may be concluded after the expiration of the appeal period against the award, unless the cantonal administrative court has granted suspensive effect to an appeal against the award.

2. If an appeal procedure against the award is pending without the suspensive effect having been requested or granted, the contracting authority shall promptly inform the court of the conclusion of the contract.

1. The contracting authority may cancel the procurement procedure, particularly if

a. it refrains from awarding the public contract for sufficient reasons;

b. no bid meets the technical specifications or other requirements;

c. more advantageous offers are expected due to altered circumstances;

d. the submitted bids do not allow for economical procurement or significantly exceed the budget;

e. there are sufficient indications of an unlawful agreement among the bidders;

f. a substantial change in the requested services becomes necessary.

2. In the event of a justified cancellation, the bidders have no claim to compensation.

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.

1. The contracting authority or the competent authority designated by law may exclude a supplier or subcontractor, who either personally or through its bodies seriously fulfills one or more of the conditions set out in Article 44 paragraph 1 letters c and e as well as paragraph 2 letters b, f, and g, from future public contracts for a period of up to five years or impose a fine of up to ten percent of the adjusted bid amount. In minor cases, a warning may be issued.

2. These sanction possibilities apply irrespective of further legal actions against the defaulting supplier, subcontractor, or their bodies. The contracting authority or the competent authority designated by law shall inform the Competition Commission of any suspicion of unlawful agreements affecting competition as per Article 44 paragraph 2 letter b.

3. The contracting authority or the competent authority designated by law shall report a legally binding exclusion according to paragraph 1 to the InöB. The InöB maintains a non-public list of sanctioned suppliers and subcontractors, indicating the reasons for the exclusion and the duration of the exclusion from public contracts. It ensures that each contracting authority can access the corresponding information regarding a specific supplier or subcontractor. For this purpose, it may establish a retrieval procedure. The federal government and the cantons shall provide each other with all information gathered under this article. After the sanction expires, the entry is deleted from the list.

4. If a contracting authority breaches this agreement, the competent authority designated by law shall issue the appropriate instructions and ensure their compliance.

5. If financial contributions are granted for a public contract, these contributions may be wholly or partially withdrawn or reclaimed if the contracting authority violates procurement regulations.

1. When determining the deadlines for the submission of tenders or requests to participate, the contracting authority shall take into account the complexity of the contract, the expected number of subcontracts, as well as the transmission methods.

2. In the area of public contracts, the following minimum deadlines apply

a. in open procedures: 40 days from the publication of the call for tenders for the submission of offers;

b. in selective procedures: 25 days from the publication of the call for tenders for the submission of requests to participate and 40 days from the invitation to tender for the submission of offers.

3. An extension of these deadlines must be communicated or published in a timely manner to all providers.

4. Outside the area of public contracts, the deadline for the submission of tenders is generally at least 20 days. For largely standardized services, the deadline can be reduced to no less than 5 days.

1. The principal may reduce the minimum deadlines under Article 46, paragraph 2, to no less than 10 days in cases of proven urgency.

2. The principal may shorten the minimum bid period of 40 days under Article 46, paragraph 2, by 5 days each if

a. the call for tenders is published electronically;

b. the tender documents are published electronically at the same time;

c. bids are accepted electronically.

3. The principal may reduce the minimum bid period of 40 days under Article 46, paragraph 2, to no less than 10 days, provided that he has published a prior notice with the following content at least 40 days and at most 12 months before the publication of the tender

a. the object of the intended procurement;

b. the approximate deadline for submission of bids or requests for participation;

c. a statement that interested suppliers should inform the principal of their interest in the procurement;

d. the source of the tender documents;

e. all further information available at that time according to Article 35.

4. The principal may reduce the minimum bid period of 40 days under Article 46, paragraph 2, to no less than 10 days when procuring services that are needed repeatedly and has indicated the reduction of the deadline in a previous tender.

5. Furthermore, the principal may, in the purchase of commercial goods or services, or a combination thereof, reduce the period for bid submission to no less than 13 days, provided he publishes the tender documents simultaneously with the tender electronically. If the principal accepts bids for commercial goods or services electronically, he may additionally reduce the period to no less than 10 days.

1. In the open and selective procedures, the contracting authority publishes the prior notice, the invitation to tender, the award of the contract, and any termination of the procedure on an internet platform for public procurement operated jointly by the federal government and the cantons. The authority also publishes awards that were made by direct agreement in the area covered by international treaties.

2. The tender documents are generally made available simultaneously and electronically. Access to these publications is free of charge.

3. The organization entrusted by the federal government and the cantons with the development and operation of the internet platform may charge fees or charges to contracting authorities, providers, and other persons who use the platform or associated services. These fees are based on the number of publications or the scope of services used.

4. For every contract in the area covered by international treaties that is not published in an official language of the World Trade Organization (WTO), the contracting authority publishes a summary of the notice in an official language of the WTO simultaneously with the invitation to tender. The summary contains at least

a. the object of the procurement;

b. the deadline for the submission of bids or requests to participate;

c. the source from which tender documents can be obtained.

5. Outside the area covered by international treaties, linguistic considerations of the region in which the contract is executed must be taken into account.

6. Awards made in the area covered by international treaties are generally to be published within 30 days. The notification includes the following information

a. type of procedure applied;

b. object and scope of the contract;

c. name and address of the contracting authority;

d. date of the award decision;

e. name and address of the successful provider;

f. total price of the successful offer, including value-added tax.

7. The cantons may provide for additional publication outlets.

1. The contracting authorities shall retain the relevant documents related to a procurement procedure for at least three years from the final award of the contract.

2. The documents to be retained include

a. the invitation to tender;

b. the tender documents;

c. the record of bid opening;

d. the correspondence concerning the procurement procedure;

e. the minutes of negotiations;

f. decisions made within the framework of the procurement procedure;

g. the awarded bid;

h. data for tracking the electronic processing of a procurement;

i. documentation on public contracts awarded without competition in the context of international agreements.

3. All documents are to be treated as confidential during the period of their retention, unless this agreement provides for disclosure. The obligation to provide information remains reserved, provided there is a legal basis for such a requirement.

1. The cantons are required to prepare an electronically maintained statistical report on the procurements of the previous year within 12 months after the end of each calendar year for the attention of the State Secretariat for Economic Affairs (Seco) in the context of governmental agreements.

2. The statistics must include at least the following information

a. The number and total value of public contracts for each contracting authority, categorized into construction, supply, and service contracts, with a reference to the CPC or CPV classification;

b. The number and total value of public contracts awarded through direct contracting procedures;

c. If data cannot be provided: estimates of the information according to letters a and b, including explanations of the estimation method used.

3. The total value must be indicated inclusive of value-added tax.

4. The overall statistics compiled by Seco are publicly accessible, subject to data protection and the preservation of trade secrets.

1. The principal issues decisions through publication or individual delivery to the bidders. Bidders do not have the right to be heard legally before the issuance of the decision.

2. Appealable decisions must be briefly substantiated and accompanied by information on legal remedies.

3. The brief substantiation of an awarded contract includes

a. the type of procedure and the name of the considered bidder;

b. the total price of the considered offer;

c. the significant characteristics and advantages of the considered offer;

d. where applicable, a statement of reasons for a direct award.

4. The principal must not disclose information if

a. it would violate applicable law or harm public interests;

b. it would impair the legitimate economic interests of the bidders; or

c. it would endanger fair competition among bidders.

1. Appeals against decisions of contracting authorities are permissible at the cantonal administrative court as the sole cantonal instance, at least from the contract value relevant for the invitation procedure.

2. The Federal Court has direct jurisdiction over appeals against procurements by the upper cantonal judicial authorities.

3. Foreign providers are only permitted to lodge appeals in cases outside the scope of the state treaty area if the state in which they are domiciled grants reciprocity.

1. The following orders are exclusively subject to appeal

a. the publication of the contract;

b. the decision regarding the selection of providers in the selective procedure;

c. the decision regarding the inclusion of a provider in a directory or the removal of a provider from a directory;

d. the decision on requests for disqualification;

e. the award;

f. the revocation of the award;

g. the termination of the procedure;

h. the exclusion from the procedure;

i. the imposition of a sanction.

2. Instructions contained in the tender documents, whose significance is apparent, must be contested together with the tender.

3. The provisions of this agreement concerning the right to be heard in the administrative procedure, the suspensive effect, and the limitation of the grounds for appeal do not apply to appeals against the imposition of a sanction.

4. Orders under paragraph 1, letters c and i, can be appealed regardless of the contract value.

5. Otherwise, legal protection against orders under this agreement is excluded.

6. The appeal against the conclusion of individual contracts pursuant to Article 25 paragraphs 4 and 5 is excluded.

1. The appeal does not have suspensive effect.

2. The cantonal administrative court may grant suspensive effect to an appeal upon request if the appeal appears to be sufficiently justified and no overriding public interests oppose it. As a rule, only a written exchange of documents takes place regarding the question of suspensive effect.

3. A request for suspensive effect that is abusive or made in bad faith is not protected. Claims for damages by the client and the successful bidder are to be adjudicated by the civil courts.

1. The procedure for injunctions and complaints shall be governed by the provisions of cantonal laws on administrative justice, insofar as this agreement does not specify otherwise.

1. Complaints must be submitted in writing and substantiated within 20 days from the issuance of the decision.

2. Court holidays do not apply.

3. The following can be challenged with the complaint

a. Legal violations, including overreach or abuse of discretion; and

b. Incorrect or incomplete determination of the legally relevant facts.

4. The appropriateness of a decision cannot be reviewed in the context of an appeal procedure.

5. Appeals against awards in direct procurement procedures can only be made by those who can prove they can and want to deliver the requested services or substitutable services. It can only be claimed that the direct procurement procedure was wrongly applied or that the award was granted due to corruption.

1. There is no entitlement to file inspection in the provisional proceedings.

2. In the appeal proceedings, the appellant is to be granted access to the assessment of their offer and other decision-relevant procedural files upon request, unless overriding public or private interests oppose it.

1. The appeals instance may decide on the matter itself or refer it back to the lower instance or the contracting authority. In the event of a referral, it must provide binding instructions.

2. If the appeal is found to be justified and the contract with the selected provider has already been concluded, the appeals instance determines the extent to which the contested decision violates applicable law.

3. Simultaneously with the determination of the legal violation, the appeals instance decides on any potential claim for damages.

4. The compensation is limited to the necessary expenses incurred by the provider in connection with the preparation and submission of their offer.

1. If the appellate instance is to decide on a request for revision, Article 58 paragraph 2 applies mutatis mutandis.

**1. The Oversight of Switzerland’s International Obligations in the Field of Public Procurement**

1. The oversight of Switzerland's international obligations in the field of public procurement falls under the Commission for Federal-Cantonal Procurement (KBBK). This commission consists of representatives from both the federal government and the cantons in equal numbers. The secretariat is provided by the State Secretariat for Economic Affairs (SECO).

2. The KBBK, in particular, performs the following tasks

a. Preparation of Switzerland's position in international forums on behalf of the Federal Council and advising Swiss negotiation delegations;

b. Promotion of information and experience exchange between the federal government and the cantons and preparation of recommendations concerning the implementation of international obligations into Swiss law;

c. Maintenance of relationships with foreign oversight authorities;

d. Providing advice and mediation in individual cases concerning disputes related to matters referred to in points a to c.

3. If there are indications that Switzerland's international obligations regarding public procurement are being violated, the KBBK may intervene with the authorities of the federal government or the cantons and prompt them to clarify the facts and take necessary measures in response to any identified shortcomings.

4. The KBBK may produce expert reports or commission experts to do so.

5. It establishes its own rules of procedure. These require the approval of the Federal Council and the Inter-cantonal Organization for Economic Affairs (InöB).

1. The members of the cantons involved in the agreement in the Swiss Conference of Construction, Planning and Environmental Directors (CCPED) form the Inter-Cantonal Body for Public Procurement (ICBPP).

2. The ICBPP specifically fulfills the following tasks

a. Issuance of this agreement;

b. Amendments to this agreement subject to the approval of the participating cantons;

c. Adjustment of the threshold values;

d. Proposal to the Federal Council for exemption from the application of this agreement and receipt of related requests from the contracting authorities according to Article 7 paragraph 1 (Opt-Out Clause);

e. Oversight of the implementation of this agreement by the cantons and designation of a supervisory authority;

f. Maintenance of the list of sanctioned providers and subcontractors in accordance with Article 45 paragraph 3;

g. Regulation of the organization and procedure for the application of this agreement;

h. Activities as a contact point within the framework of international agreements;

i. Designation of cantonal delegates in national and international bodies as well as approval of the corresponding rules of procedure.

3. The ICBPP makes its decisions with a three-quarters majority of those present, provided at least half of the participating cantons are represented. Each participating canton has one vote, which is exercised by a member of the cantonal government.

4. The ICBPP collaborates with the conferences of the heads of the relevant cantonal departments, with the professional conferences of the cantons, and with the federal government.

1. The Cantons oversee the compliance with this agreement.

2. The InöB handles reports from Cantons concerning the compliance with this agreement by other Cantons.

3. Private individuals may submit reports to the InöB regarding the compliance with this agreement by the Cantons. Such reports do not confer party rights or entitlement to a decision.

4. The InöB issues regulations in this regard.

1. Each canton may join the agreement by declaring its intention to the InöB.

2. Withdrawal may occur at the end of a calendar year. It must be notified to the InöB six months in advance.

3. Accession, withdrawal, as well as any amendment or termination of this agreement, are communicated to the Federal Chancellery by the InöB.

4. The cantons may enact implementing provisions, particularly concerning Articles 10, 12, and 26, in compliance with Switzerland's international obligations.

1. Procurement procedures initiated before the entry into force of this agreement shall be concluded in accordance with the previous law.

2. In the event of a canton withdrawing, this agreement shall apply to the awarding of public contracts that are advertised before the end of the calendar year in which the withdrawal becomes effective.

1. This agreement shall enter into force once two cantons have acceded to it. The entry into force shall be communicated to the Federal Chancellery by the InöB.

2. For cantons that have not acceded to this agreement, the agreement of March 15, 2001, shall continue to apply.