Art. 13: Act on Accession to the Intercantonal Agreement on Public Procurement of November 15, 2019 (Accession Act ICAOPP)

1 Individuals are prohibited from participating in the procurement process on the part of the contracting authority or an expert panel if they

a. have a personal interest in a contract;

b. are connected with a tenderer or with a member of one of its bodies through marriage or registered partnership, or are living in a de facto cohabitation;

c. are related by blood or marriage to a tenderer or to a member of one of its bodies in the direct line or up to the third degree in the collateral line;

d. are representatives of a tenderer or have acted for a tenderer in the same matter; or

e. lack the independence required for the conduct of public procurements due to other circumstances.

2 A request for recusal must be submitted immediately upon knowledge of the grounds for recusal.

3 The contracting authority or the expert panel decides on requests for recusal, excluding the person concerned.

4 The contracting authority may stipulate in the invitation to tender that tenderers who, in competitions and study assignments, have a relationship with a jury member that would give rise to a conflict of interest, are excluded from the procedure.

Prior Involvement

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