Art. 44: Law on Accession to the Intercantonal Agreement on Public Procurement of November 15, 2019 (AAL IPA)

1. Exclusion of a Bidder, Revocation of Award

The client may exclude a bidder from a procurement procedure, remove them from a register, or revoke an award already granted to them, if it is determined that one of the following circumstances applies to the bidder, their bodies, an engaged third party, or their bodies

a. they do not or no longer meet the requirements for participation in the procedure, or the lawful conduct of the procurement procedure is prejudiced by their conduct;

b. the offers or requests to participate contain significant formal defects or deviate significantly from the mandatory requirements of a tender;

c. there is a final conviction for an offense to the detriment of the respective client or for a crime;

d. they are subject to seizure or bankruptcy proceedings;

e. they have violated anti-corruption provisions;

f. they resist ordered controls;

g. they fail to pay due taxes or social security contributions;

h. they have performed previous public contracts defectively or have otherwise demonstrated not to be reliable and trustworthy contractual partners;

i. they were involved in the preparation of the procurement, and the resulting competitive disadvantage for other bidders cannot be compensated by suitable means;

j. they have been definitively excluded from future public contracts under Article 45 paragraph 1.

2. Sanctions

The client may furthermore take measures according to paragraph 1 if there are sufficient indications that one of the following circumstances, in particular, applies to the bidder, their bodies, an engaged third party, or their bodies

a. they have made untrue or misleading statements and information to the client;

b. unlawful anti-competitive agreements have been made;

c. they submit an unusually low bid without proving, upon request, that the participation conditions are met, and do not guarantee the contractual performance of the advertised services;

d. they have violated recognized professional rules or committed acts or omissions that impair their professional honor or integrity;

e. they are insolvent;

f. they disregard occupational safety provisions, working conditions, provisions on equal treatment of men and women with regard to equal pay, confidentiality provisions, and provisions of Swiss environmental law or conventions designated by the Federal Council for the protection of the environment;

g. they have violated reporting or permit obligations under the BGSA;

h. they violate the Federal Act of 19 December 1986 against Unfair Competition.

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