Public Procurement Act (SubG) - Subject Matter (SubG)

1. This law governs the awarding of public contracts in addition to the Intercantonal Agreement on Public Procurement (IVöB) of November 15, 2019.

1. The clients according to the Swiss Federal Act on Public Procurement (IVöB) are subject to this law.

2. Contracts are also awarded to labor integration organizations under this law.

1. In addition to the criteria mentioned in Article 29 IVöB, the criteria "different price levels in the countries where the service is provided" and "price reliability" may be considered, in compliance with the IVöB and Switzerland's international obligations.

1. Appeals against the decisions of the contracting authorities are permitted to the Administrative Court starting from the contract value relevant for the invitation procedure according to Article 20, paragraph 1 IVöB.

2. If the claim for damages pursuant to Article 58, paragraph 4 IVöB is not decided in the appeal proceedings, it can subsequently be asserted by filing a lawsuit with the Administrative Court.

3. The procedural regulations for orders, appeals, and lawsuits are governed by the Law on Legal Protection in Administrative Matters (Administrative Justice Act) of November 15, 1970, unless the IVöB specifies otherwise.

4. The recourse of the contracting authority to the person who caused the damage is governed by the Law on Liability of the State, Municipalities, Public Corporate Bodies and Institutions, and the Responsibility of Authorities, Officials, Public Employees, and Workers (Liability Act) of June 26, 1966.

1. Contracting authorities shall communicate to the department responsible for imposing sanctions any observations that could lead to a sanction according to Article 45, paragraph 1 of the Swiss Federal Act on Public Procurement (IVöB).

2. Cantonal criminal authorities shall communicate to the department responsible for imposing sanctions all judgments, penalty orders, decisions to initiate proceedings, discontinuation orders, and non-prosecution orders under Articles 322ter to 322novies of the Swiss Criminal Code (StGB) of December 21, 1937, in connection with the awarding of public contracts.

3. Cantonal criminal authorities may communicate to the department responsible for imposing sanctions any judgments, penalty orders, decisions to initiate proceedings, discontinuation orders, and non-prosecution orders related to the awarding of public contracts and involving a crime or misdemeanor by a company or one of its organs against state authorities, including public law institutions, and other entities responsible for cantonal and municipal tasks.

4. Authorities of the canton and municipalities may communicate to the department responsible for imposing sanctions any observations that could lead to a sanction according to Article 45, paragraph 1 of the IVöB. They may also inform a contracting authority about facts that could lead to exclusion from the procurement procedure or revocation of the award according to Article 44 of the IVöB.

1. The Government Council issues the implementing provisions through an ordinance, in particular

a) regarding the responsibilities within the cantonal administration, particularly for conducting procurement procedures, providing advice, training and further education, data collection, as well as inter-cantonal cooperation in public procurement, such as the operation of the joint internet platform of the federal government and the cantons;

b) regarding the responsibilities for conducting inspections at providers and imposing sanctions against them;

c) regarding competitive bidding and study assignment procedures.

2. It may authorize the departments through an ordinance to delegate their responsibilities under paragraph 1, letters a and b, to offices or equivalent administrative units.

1. The regulations of the municipalities are repealed insofar as they contradict the IVöB or this law.