Article 21 Intercantonal Agreement on Public Procurement (IVöB) - Freehand Procedure

1. In the direct procurement procedure, the contracting authority awards a public contract directly without a call for tenders. The contracting authority is entitled to obtain comparative offers and conduct negotiations.

2. The contracting authority may award a contract directly irrespective of the threshold if one of the following conditions is met

a) no tenders or requests to participate are received in the open procedure, selective procedure, or invitation procedure, no tender meets the essential requirements of the procurement or the technical specifications, or no provider meets the eligibility criteria

b) there are sufficient indications that all tenders submitted in the open procedure, selective procedure, or invitation procedure are based on an impermissible collusion

c) due to the technical or artistic particularities of the contract or for reasons of intellectual property protection, only one provider is viable, and there is no reasonable alternative

d) due to unforeseeable events, the procurement becomes so urgent that even with shortened deadlines, no open or selective procedure or invitation procedure can be conducted

e) changing the provider for services to replace, supplement, or extend already provided services is not possible for economic or technical reasons, would cause significant difficulties, or would entail substantial additional costs

f) the contracting authority procures first editions (prototypes) or innovative services developed or created at its request within the framework of a research, testing, study, or new development contract

g) the contracting authority procures services at commodity exchanges

h) the contracting authority can procure services as part of a favorable, time-limited opportunity at a price substantially below the usual prices (especially in the case of liquidation sales)

i) the contracting authority awards the subsequent contract to the winner of a planning or comprehensive service competition or a selection procedure for planning or comprehensive service studies; the following conditions must be met

1. the preceding procedure was conducted in accordance with the principles of the agreement

2. the proposed solutions were evaluated by an independent panel of experts

3. the contracting authority reserved the right in the call for tenders to award the subsequent contract or coordination directly

3. The contracting authority prepares documentation for each contract awarded according to paragraph 2 with the following contents

a) Name of the contracting authority and the selected provider

b) Type and value of the procured service

c) Explanation of the circumstances and conditions justifying the use of the direct procurement procedure.

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