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733b IVÖBAIMPCIAP CH-LU

Art. 8 Intercantonal Agreement on Public Procurement (IVöB) - Public Contract

Scope - Objective Scope
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Art. 8 IVöB - Public Contract · Public Contract

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.

← Art. 7 IVöB - Exemption from Subjection Intercantonal Agreement on Public Procurement (IVöB) - Subject Matter Art. 9 IVöB - Transfer of Public Tasks and Granting of Concessions →

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Court Decisions Applying This Provision (1)

7H 23 252 · lu (Art. 8 IVöB)
Textile Collection Contract Procurement Status and Timeliness of Tender Challenges
Cited as the legal definition of a public contract, which the court used to affirm that the procurement was subject to procurement law.