Article 13 Intercantonal Agreement on Public Procurement (IVöB) - Recusal

1. No individuals may participate on behalf of the contracting authority or an expert panel in the procurement procedure if they

a) have a personal interest in the contract

b) are connected to a bidder or a member of its body through marriage, registered partnership, or are in a de facto cohabitation

c) are related or allied to a bidder or a member of its body in a direct line or up to the third degree in a collateral line

d) are representatives of a bidder or have acted on behalf of a bidder in the same matter, or

e) lack the independence required for the conduct of public procurement due to other circumstances

2. A request for recusal must be submitted immediately after becoming aware of the grounds for recusal.

3. The contracting authority or the expert panel shall decide on requests for recusal, excluding the involved person.

4. The contracting authority may stipulate in the tender that bidders who have a relationship that constitutes grounds for recusal with a jury member in competitions and study contracts are excluded from the procedure.

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