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601.71 AIMP CH-NE

Art. 13 Intercantonal Agreement on Public Procurement (IAPP), dated November 25, 1994 - Cantonal Implementing Provisions

6 Finance - 60 Financial Management - Section 4: Procedure
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Art. 13 Intercantonal Agreement on Public Procurement (IAPP), dated November 25, 1994 - Cantonal Implementing Provisions · Cantonal Implementing Provisions

[13] These cantonal implementing provisions must ensure

a) mandatory publications, as well as the publication of threshold values;

b) the use of non-discriminatory technical specifications;

c) the establishment of a sufficient deadline for the submission of bids;

d) a procedure for examining the qualifications of bidders according to objective and verifiable criteria;

e) the mutual recognition of the qualifications of bidders, registered on the permanent lists maintained by the cantons parties to this agreement;

f) award criteria suitable for awarding the contract to the most economically advantageous offer;

g) award by way of decision;

h) the notification and brief reasoning of award decisions;

i) the possibility of interrupting and repeating the procurement procedure only in case of legitimate reasons;

j) archiving.

← Art. 12 Intercantonal Agreement on Public Procurement (IAPP), of November 25, 1994 - Choice of Procedure 6 Finances - 60 Financial Management - Section 1: General Provisions Art. 14 Intercantonal Agreement on Public Procurement (AIPP), of November 25, 1994 - Conclusion of the Contract →

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Court Decisions Applying This Provision (4)

CDP.2016.27 · ne (art. 13 let. f AIMP)
Contract Award Upheld Despite Bidder's Prior Tender Involvement
Cited in the reasoning regarding the goal of cantonal implementing provisions for public procurement, but not in the operative orders.
CDP.2015.178 · ne (art. 13 let. i AIMP)
Municipality v. Heating/Ventilation Services Tender Interruption Justified by Flawed Requirements
This provision sets the requirement for cantonal legislation to allow for the interruption of the procedure in the presence of 'justes motifs' (just reasons), which the Court found were met in this case.
CDP.2012.334 · ne (art. 13 let. f AIMP)
Public Entity Disability Insurance Contract Award Annulled Due to Flawed Evaluation Methodology
Cited in the reasoning regarding the need for criteria that lead to the economically most advantageous offer.
TA.2010.175 · ne (Art. 13 al.1 litt.b AIMP)
Sewage Treatment Contract Award Annulled Over Post-Deadline Modification and Flawed Evaluation
Cited in the reasoning concerning the prohibition of discriminatory technical specifications.