Art. 39: Act on Accession to the Intercantonal Agreement on Public Procurement of 15 November 2019 (Accession Act IGPP)

1 The contracting authority may clarify the offers with the bidders

regarding the services and the modalities of their provision

in order to determine the most advantageous offer.

2 A clarification shall only take place if

a. only thereby can the contract or the offers be clarified, or the offers

be made objectively comparable according to the award criteria; or

b. changes to the services are objectively and materially necessary, whereby the

subject matter of the services, the criteria, and specifications must not be

adjusted in a way that changes the characteristic service or the potential circle of bidders.

3 A request for a price adjustment is only permissible in connection

with the circumstances described in paragraph 2.

4 The contracting authority shall record the results of the clarification in minutes.

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