Art. 8 Intercantonal Agreement on Public Procurement (IAPP), of November 25, 1994 - Awarding Authority

[8] 1 The following awarding authorities are subject to the provisions of international agreements

a) the cantons, the communes, as well as other legal entities under cantonal or communal public law, provided they do not have a commercial or industrial character;

b) Repealed

c) the authorities, as well as public and private enterprises operating through an exclusive or special right in the fields of water supply, energy, transportation, and telecommunications. Only contracts related to the execution, in Switzerland, of their tasks in the aforementioned fields are subject to this agreement;

d) other awarding authorities according to international treaties in force.

2 Additionally, they are subject to the provisions relating to contracts not subject to international treaties when awarding other public contracts

a) other entities assuming cantonal or communal tasks; excluded are their activities of a commercial or industrial nature;

b) projects and services that are subsidized by more than 50 percent of the total cost by public funds.

3 Contracts in which several awarding authorities referred to in paragraphs 1 and 2 participate are subject to the law applicable at the principal awarding authority’s seat. Contracts launched by a joint organization are subject to the law applicable at the seat of this organization. If it does not have a seat, the applicable law is that of the place where the main activity is carried out or at the place of execution. A contrary agreement remains reserved.

4 Contracts of an awarding authority referred to in paragraphs 1 and 2, whose execution does not take place at the awarding authority's seat, are subject to the law of the place of the awarding authority’s seat or the place of the main activity.

← Art. 7 Intercantonal Agreement on Public Procurement (AIMP), of November 25, 1994 - Thresholds 6 Finances - 60 Financial Management - Section 1: General Provisions Art. 9 Intercantonal Agreement on Public Procurement (AIMP), of November 25, 1994 - Bidders, Reciprocity →